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HomeMy WebLinkAboutAgenda Packet City Council - 10/31/2023 Lw,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, October 31,2023 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Bishop C.E. Richardson Sr., Calvary First Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Melody Salinas, Junior at Miller High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. D. SECURITY BRIEFING E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1677 FY 2023 Fourth Quarter Infrastructure Management Plan Update 2. 23-1697 2023 Walk to End Alzheimer's on Saturday, November 11 3. 23-1715 Corpus Christi Police Athletic League Update City of Corpus Christi Page 1 Printed on 10/30/2023 City Council Meeting Agenda-Final-revised October 31, 2023 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: 4. 23-1728 Nueces County Appraisal District (2 vacancies) H. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. I. CONSENT AGENDA: NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 5. 23-1734 Resolution appointing members for places 3 and 4 on the Board of Directors of the Nueces County Appraisal District. sponsors: City Secretary's Office 6. 23-1735 Approval of the October 17, 2023 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 7. 23-1603 Ordinance accepting a $100,000 donation from the Cheniere Foundation and amending the operating budget for FY 2023-2024 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to City of Corpus Christi Page 2 Printed on 10/30/2023 City Council Meeting Agenda-Final-revised October 31, 2023 persons with disabilities who are homeless. Sponsors: Planning and Community Development Department 8. 23-1407 Ordinance approving a one-year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, in consideration of monthly rental payments of$400 a month. Sponsors: Parks and Recreation Department 9. 23-1565 Zoning Case No.0723-06, Costa Blue 914 S. Port Series (District 1). Ordinance rezoning property at or near 914 South Port Avenue from the "IL" Light Industrial District to the "IL/SP" Light Industrial 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 10. 23-1582 Zoning Case No. 0823-03, Corpus Christus Spohn Health System Corp. (District 1). Ordinance rezoning property at or near 1314 3rd Street from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Sponsors: Development Services 11. 23-1375 Ordinance authorizing a professional services contract with Freese and Nichols, Corpus Christi, to perform engineering services for the United States Bureau of Reclamation Title XVI Desalination Construction Grant Program in an amount not to exceed $220,517.00, appropriating $220,517.00 from the unreserved fund balance in the Drought Surcharge Exemption Fund; and amending the FY 2024 Operating Budget. Sponsors: Engineering Services, Corpus Christi Water and Contracts and Procurement Consent- Contracts and Procurement 12. 23-1575 Motion authorizing execution of a six-month service agreement with Pro Tech Mechanical, Inc., of Corpus Christi, through the BuyBoard Cooperative, for an amount not to exceed $91,627.00 to replace a boiler and expansion tank at the Corpus Christi International Airport, with funding from the Airport Operating Fund. Sponsors: Aviation Department and Finance &Procurement 13. 23-1641 Motion authorizing execution of a one-year supply agreement, with two one-year options, with O'Reilly Auto Enterprises, LLC, dba O'Reilly Auto Parts, through the Sourcewell Cooperative, in an amount not to exceed $80,000.00 and a potential amount of$240,000.00 if options are exercised, to purchase auto parts for Asset Management - Fleet, with FY 2024 funding of$74,000.00 from the Fleet Maintenance Service Fund. Sponsors: Asset Management Department and Finance & Procurement City of Corpus Christi Page 3 Printed on 10/30/2023 City Council Meeting Agenda-Final-revised October 31, 2023 General Consent Items 14. 23-1323 Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Road (CR) 22 from CR 51 to CR 43. sponsors: Planning and Community Development Department Consent-First Reading Ordinances 15. 23-1618 Ordinance authorizing acceptance of grant funds in an amount of $116,500.00 from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of$116,500.00. sponsors: Police Department 16. 23-1628 Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of$227,389.00 for the FY 2023 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $227,389.00 in the Police Grants Fund with $113,694.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $113,695.00 to be used by the City. sponsors: Police Department 17. 23-1714 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans, which includes language regarding revitalization and cleaning of the Zone and the creation of a new Rooftop Activation incentive program; appropriating $1,944,727.00 from the TIRZ #3 fund balance for additional program expenses recommended by the Downtown Management District; and amending the operating budget, all as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on September 19, 2023 sponsors: Economic Development J. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. K. PUBLIC HEARINGS: The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 18. 23-1541 Resolution authorizing the location of Calallen Police Substation at the West Guth Park, located in Council District 1. City of Corpus Christi Page 4 Printed on 10/30/2023 City Council Meeting Agenda-Final-revised October 31, 2023 Sponsors: Engineering Services and Police Department L. INDIVIDUAL CONSIDERATION ITEMS: The following items are motions, resolutions and ordinances that will be considered and voted on individually. 19. 23-1539 Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease of 14 acres of Del Mar property to serve as the location for the City's new Police Training Academy and a new City Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) Sponsors: Engineering Services and Police Department 20. 23-1640 Motion authorizing an Amendment to the Agreement for the City-Operated Corpus Christi-Nueces County Public Health District (CC-NCPHD), identifying Nueces County membership contributions for FY 23-24 of $1,765,296 for Public Health Services with such contributions renewing annually, providing annual negotiation for additional contributions, and commencement of a Sunset review by October 1, 2024. Sponsors: Health Department 21. 23-1658 Resolution amending the City's Program Guidelines for Housing Development Fee Waivers for property sold to Non-Qualifying Homebuyers to expand eligibility of the types of zoning; increase the home sale price limit; inclusion of Accessory Dwelling Units; and change the name of the program. Sponsors: Planning and Community Development Department 22. 23-1664 Ordinance authorizing an agreement between the Corpus Christi B Corporation and Corpus Christi PATCH, Inc., for the securing and stabilizing of The Ritz Theatre effective upon signature of the Type B President; appropriating funds in the amount of$230,000.00 from the Type B Economic Development Fund; and amending the budget. Sponsors: Economic Development M. BRIEFINGS: Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 23. 23-1755 Briefing on Developer Proposed Tax Increment Reinvestment Zone for the Barisi Village Development Sponsors: Economic Development City of Corpus Christi Page 5 Printed on 10/30/2023 City Council Meeting Agenda-Final-revised October 31, 2023 N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. O. ADJOURNMENT City of Corpus Christi Page 6 Printed on 10/30/2023 Public Works Department I -* — FY 2023 Rapid Pavement Program (RPP) Update 4th Quarter Presented by Ernesto De La Garza, P.E., Director of Public Works Timeline for Rapid Pavement Program (RPP) RPP Approach Approved Bay Change Order for New RPP Approach Package 2 FY 24 Begin by Council new RPP Package 2 FY 24 Bid Close Construction April 2023 August 2023 December 2023 January 2024 June 2023 November 2023 December 2024 IMP 24-28 Approved by New RPP Approach Package 1 FY 24 Begin Council Package 1 FY 24 Bid Close Construction Program Highlights (FY22 - Old Approach versus FY23 -New Approach) �w • Rapid Pavement Program (RPP) prerequisites: - Existing contracts (Old Approach) o Change Order to Existing FY21 SPMP Contract o Exhaust remaining conventional contracts - New Contracts (RPP Approach) o Council Consideration in Nov/Dec 2023 - Outline new design criteria and contract - Testing program - Reclamation repair method - Quality control measures RPP (Residential) Highlights (FY22 - Old Approach versus FY23 -New Approach) In-House (RPP) FY 2022 FY 2023 • d Approach) (RPP New Approach) 8.75 CL Miles 15.97 CL Miles 4 Completed RPP Projects District Blucher St — 1 n s r p , w � 1 � y Kinney St. - District 1 �k"�o � ,. d 5" ". F'`f-�'y `�, .c h�;• .yam �. `` > h `u Austin St. - District l M-IL ; C Ne a r ID � mit f� 5�w� Citation Dr. - District 3 F57 _ r v--,T- 7 a r � f T -- Hartack Cir. - District 3 F a� Mme„ t NK: c F� Agus ch c+p Res , , Bean e , , r. Distr ict , PUBLIC WORKS -r 77!;� 1852 Oil 19,2023 at 9:10:19 AM - +27.582340,-97.231886 310°NW ,� :� - 14213-14227 Bay Bean f7r �� p eModCorpus Christi TX 78418 � -` United States Bueno Vista Dr - District 4 Via._ v 46 ,"^x, Al r i F Y. 3 rT Las Palmas Dr. - District 4 ['yty7 �o ��7 I �s r K R_ x- g, x a 4oAQus CpRs r 4 i WORKS r iasz" va- ice : g � 4oAQUs CpRs r 4 i y' WORKS ucrnxlMcr�i iasz" k 4oAQUs CpRs r 4 i PUBLIC,;ORKS �•r f�2 � 323 '� c., 4 `•r. �, -Suh'1Nood Dr _ $Y'� hristi TX 78413 - r t _s •," .�......-...y.�..„,„� y, . lar � � � , � fit.„ ..vT f� o FY 2022 & 2023 RPP Update Project Status . Contractual Pending Mart 0 0 In Design 0 0 Scheduled 0 68 In Construction 0 7 Complete 52 35 Total . - � ^ FY 2024 RPP Update Pending Start 0 0 In Design 0 0 Scheduled 25 111 In Construction 8 3 Complete 8 16 Total - . - 11�11�t, . AL�kNEIMEIR'* ��4'.�IJkT'�N` dab ,< SCAN THE • . CODE TO REGISTER TODAY n , wy t ppl,1CY OEPIC�R e sar I AOLIC xP Corpus Christi Police Athletic League (PAL) Council Presentation October 31, 2023 \� Corpus Christi Police I'. I Athletic League (PAL) f ,. r a • A little over 70 years ago, six Chapters on the eastern seaboard joined together to form an association to share ideas and resources and compete in several sports • Today, there are over 300 PAL Member Chapters either within law enforcement agencies or operating as a 501 (c)(3) Not for Profit organization, servicing various cities throughout the United States • Serving youth, ages 5 to 18 2 �Oil Corpus Christi Police 'Ma Athletic League (PAL) •'POf'Ct• a • CCPAL was established in 2003 for ages 5-18 • Baseball was first but expanded to volleyball, basketball and Taekwondo • 12 members on CC-PAL board Valero hosts a yearly fundraiser • City provides full time police officer _ • City added full-time civilian - Admin Support III position (FY 2024) \� Corpus Christi Police 1 . Athletic League (PAL) a • Currently several thousand children participate in various programs • Volunteers provide the coaching, mentoring, and maintenance of building • Program headquarters is located i at Morris and Brownlee r1 • Baseball fields are located at Baldwin and Agnes (currently undergoing d rehabilitation) - y Corpus Christi Police Athletic League (PAL Questions ? 5 NUECES COUNTY TAX APPRAISAL DISTRICT Two(2)vacancies with term ending 12-31-25,representing the following categories:Place 3(City)and Place 4(City). Duties The Nueces County Tax Appraisal District is responsible for making general policies regarding the operation of the appraisal district(i.e.,reappraisal programs,analysis of procedures,etc.). They are also responsible for appointing the Appraisal Review Board. Composition Eight(8)members who each shall serve a two-year term and shall have one vote. Each member of the board shall be selected or elected to fill one place on the board, which places shall be numbered one through seven. The term of each member shall begin on January 1 of each even-numbered year.A member must be a resident of the appraisal district,reside in the appraisal district for at least two(2)years immediately preceding the date the individual takes office,and not owe delinquent property taxes to the taxing entity.A person may not be appointed or continue to serve if related within second degree of consanguinity to an appraiser who appraises property for use in the Appraisal Review Board proceedings or represents property owners for compensation before the Appraisal District's Appraisal Review Board. The County Tax Assessor-Collector serves as an ex-officio member.The following entities will designate board members for the places as listed: PLACE NUMBER and JURISDICTION VOTING ON THIS PLACE 1 and 2 Corpus Christi ISD 3 and 4 City of Corpus Christi 5 Nueces County 6 Urban-Port Aransas to be decided by the following ISDs:Calallen,Flour Bluff,Port Aransas,City of Port Aransas,Tuloso-Midway,and West Oso. 7 Rural-Agribusiness to be decided by these: Agua Dulce ISD,City of Agua Dulce,Banquete ISD,Bishop ISD,City of Bishop,Driscoll ISD,City of Driscoll,London ISD, Robstown ISD,City of Robstown,and Santa Cruz ISD. 8-Del Mar College The City of Corpus Christi shall submit names for Places 3 and 4 to the Nueces County Appraisal District before October 30th,and each odd-numbered year thereafter. Creation/Authority Senate Bill#621,amending Title I of the tax code(referred as the"Act")Subchapter A of the act provides for establishment of appraisal districts and means of selecting the Boards of Directors for such districts:City Res.No.15132,9/19/79,and Res.No.15149,9/26/79,Res.No.16575,10/7/81;S.B.63 Section 20,87[R]eff 9-1-2021; Texas Property Tax Law Code Section 6.035. Meets Member size Term Length/Term Limit Liaison 2nd Wed.monthly,9:00 a.m.,201 N.Chaparral,1st Floor Board Rm. 8 2 years/5 terms Elias Sissamis Appointing Name District Term Start date End date Authority Position Status Category Attendance Deven S Bhakta District 5 1 9/6/2022 12/31/2023 City Council Active Place 3(City) 7/9 meetings-78% Gerardo"Jerry"Garcia District 4 1 9/14/2011 12/31/2023 City Council Chair Active Place 4(City) 8/9 meetings-89% Caitlin Chupe 1 8/13/2022 12/31/2023 CCISD Active Place 1(CCISD) 10-31-2023 Appointing Name District Term Start date End date Authority Position Status Category Attendance Corbett Pool District 4 1 1/15/2020 12/31/2023 CCISD Active Place 2(CCISD) Place 5(Nueces Gabriele Hilpold District 4 1 1/10/2018 12/31/2023 Nueces County Active County) Leo Gonzalez 1 2/8/2017 12/31/2023 Urban-Robstown Secretary Active Place 6(Urban) Luis Elizondo 1 5/9/2012 12/31/2023 Rural-Agribusiness Vice-Chair Active Place 7(Rural) Place 8(Del Mar Armando Chapa District 5 1 1/10/2018 12/31/2023 Del Mar College Active College) Ex-Officio, Tax Assessor Kevin Kieschnick N/A N/A N/A Tax Assessor Voting Active Collector 10-31-2023 NUECES COUNTY TAX APPRAISAL DISTRICT Applicants Name District Status Category Gerardo "Jerry" Garcia District 4 Seeking reappointment City Vanessa Schroeder District 1 Applied City Deven S Bhakta* District 5 Seeking reappointment City Janie Gifford District 4 Applied City *Serves on the Corpus Christi Convention &Visitors and Bureau Board (CCCVB). Resignation is not required since the CCCVB and NCAD are not a city board and Council Policy 10 Subsection G would not apply. CITY OF CORPUS CHRISTI Submit Date: Oct 12, 2023 Application for a City Board, Commission, Committee or Corporation Profile Gerardo "Jerry" _ Garcia_ First Name Last Name Email Address Street Address CORPUS CHRISTI _ TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in?' V District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 31 SELF-EMPLOYED Pres Employer Job Title Work Address- Street Address and Suite Number Work Address- State TX Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Gerardo "Jerry" Garcia Are you a Nueces County 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: Nueces County Tax Appraisal Board Education, Professional and/or Community Activity(Present) Del Mar College-A.A., various classes throughout career,teaching seminars for TX Assoc. of Bldvs, Corpus Christi Councilman 2005-07, Life Director-TAB, Dir.-NAHB, President C.C. Builders Assoc, Assoc Board of Dir- 1st Community Bank, Governor Appointee-911 Emer Comm Vice Charirman TX Residential Const Comm,TX Board of Professional Land Surveyors, National Association of Homebuilders Why are you interested in serving on a City board, commission or committee? continuation to give back to the community and I enjoy the board Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A N/A Demographics Ethnicity r,7 Hispanic Gerardo "Jerry" Garcia 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 (.- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Gerardo "Jerry" Garcia Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r• Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes (- No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity(per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either= disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/ interest being paid in installment agreement(2)Suit to collect is deferred or abated under 33.06 or 33.065 rYes rNo Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor—Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes c No Gerardo "Jerry" Garcia Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1)the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes t: 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. 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. rJ I Agree Gerardo "Jerry" Garcia 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. l 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 Gerardo "Jerry" Garcia CITY OF CORPUS CHRISTI Submit Date: Oct 05, 2023 Application for a City Board, Commission, Committee or Corporation Profile Vanessa Schroeder First Name Last Name Email Address Street Address Corpus Christi _ TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 3 MDM Tech,LLCOperations Coordinator________.__ Employer Job Title Work Address- Street Address and Suite Number 1296 6th Street Work Address- City ------------- Ingleside Work Address- State TX Work Address- Zip Code 78362 Vanessa Schroeder Work Phone 3612384191 Work E-mail address vanessa.schroeder@mdmtechlic.com Preferred Mailing Address ----- W Home/Primary Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Are you a Nueces County registered voter? G Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? I can say for the first time that not just Corpus Christi but Nueces County has become my family's home. I have always been interested in becoming involved in the community I call home and with the work I did in Midland I learned a lot about the tax office Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Vanessa Schroeder Do you currently serve as an elected official for a non-city public office? r Yes c No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A 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 (.- 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 t= No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r• No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Vanessa Schroeder Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either=disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/interest being paid in installment agreement(2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Vanessa Schroeder Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1)Was Tax Assessor—Collector at the time r Yes rt No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1)the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? 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. PF I Agree Vanessa Schroeder 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. 17 I.Ag ree 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 1 Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. I Agree Vanessa Schroeder Vanessa Schroeder Corpus Christi,TX 78410 +1 847 721 4812 Self-motivated professional with strong interpersonal, relational and listening skills, committed to successfully achieving exceptional delivery of services and outcomes for internal and external customers. With 5 years of experience in DOT Compliance, Asset Management and Operations, I have become a collaborative problem solver, who is perceptive of needs, detail oriented, and enjoys thriving in fast-paced environments. Authorized to work in the US for any employer Work Experience Operations Coordinator MDM Tech, LLC- Ingleside, TX February 2022 to Present • Primary Responsibilities: Maintain the day-to-day operations.Working directly with the president of the company.Working with safety and compliance websites for specific sites.Working directly with clients to ensure their field and purchasing servicing needs are taken care of in a timely manner. Issuing purchase orders, maintaining all job documents for technicians and billing. Building estimates, creating jobs in Service Fusion and SharePoint. Working with vendors for sales order estimates, ordering and repairs for clients servicing needs. Putting together documents for potential recruitments for contract work in refineries across the country. Maintaining accounts receivable and accounts payable in QuickBooks. • Achievements:-Maintaining safety sites and completing RAVS review with ISN-Creating a shared SharePoint page for all work within MDM•Was an integral part in transfer of new ownership Administrative Assistant Coastal, LLC- Corpus Christi, TX October 2021 to February 2022 • Primary Responsibilities: Help maintain the day to day operations, worked with auditing programs to maintain compliance for multiple job sites, worked with insurance providers for COI's for specific sites, worked with account receivable, human resources, assisted with new hires, created job postings. • Achievements: • Transferred system from QuickBooks Desktop to Online • Drug and Alcohol Program • Maintaining Compliance over NCMS, ISNetworld, DISA Office Administrator EPIC Y-Grade Logistics - Robstown, TX December 2019 to December 2020 • Primary Responsibilities: To help maintain day to day operations by generating reports, scheduling meetings, controlling access to inside the plant, processing and directing incoming mail, packages, or deliveries,greeting and directing visitors,answering and directing phone call to relevant staff, reordering supplies, being a point of contact for a range staff and contractors, verifying site safety classes before entering plant. • Achievements: • Setup 5s system for Control building • Assisted in new plant procedures and guidelines • Transferred document system over to SharePoint DOT Compliance Supervisor ProPetro Services, Inc - Midland, TX 2014 to 2019 • Primary Responsibility: Leading in all aspects of the company's DOT Trucking Compliance programs, including CMV files,Vehicle Inspections, DOT Driver Qualification files, and Hours of Service. Responsible for approximately 1800 drivers with a staff of four and outsourced vendor support. • Achievements: • Prepared for DOT Compliance Review and successfully achieved a Satisfactory rating. • Worked with Corporate and the Acquisition team in the integration of drivers and assets in the acquisition of Pioneer Pumping Services. • Created internal procedures to comply with newly released ELD mandate. DOT Lead Staff Assistant ProPetro Services, Inc- Midland, TX 2017 to 2018 • Primary Responsibility: To ensure the company is in compliance with all FMCSA Regulations, and working with drivers on the importance of maintaining their Driver Qualification file. Completing necessary state paperwork for newly purchased CMV's. • Achievements: Successfully completed the Hazardous Material Transportation course. Successfully completed the U.S. Department of Transportation Compliance training. n Created and implemented the company's internal DOT Compliance Handbook. DOT Staff Assistant ProPetro Services, Inc - Midland, TX 2015 to 2017 • Primary Responsibility: Worked with Operations as the company quickly grew to ensure potential and current drivers met FMCSA guidelines and remained safe while over the road. • Achievements: Maintained a 97% Compliance for over 600 DOT drivers. Created an online database of all DOT required paperwork per CMV unit. n Maintained zero violations for Hours of Service. Payroll Assistant ProPetro Services, Inc - Midland, TX 2014 to 2015 • Primary Responsibility: To ensure payroll hours of various company division employees were correct and current, including employees working out of state and at remote locations. • Achievements: n Able to maintain for Corporate an accurate and correct crew listing for all division crews. n Always met payroll deadline for over 900 employees. Banquet Sales Assistant Maggiano's Little Italy-Austin, TX 2012 to 2014 • Primary Responsibility:To generate business for Banquets; working with clients in all aspects of event planning including food, setup and room lay out. • Achievements: n Successfully contributed to surpassing annual sales goal of$1.5 million. n Worked with Make a Wish foundation to host fundraising events and silent auctions. Partner Relations Coordinator Restaurant.com -Arlington Heights, IL 2009 to 2012 • Primary Responsibility: Liaison between Customer Service, Marketing, Legal, and IT for the Partner (participating restaurants) Relations department. • Achievements: Created a back office for the Partner Relations department. Maintained accurate database listings and profiles of partnering restaurants for website and internal clients. Education Bachelor's in Finance with a Certificate in Financial Planning University of Phoenix 2012 to Present Communications Grossmont College- EI Cajon, CA 2004 to 2006 Skills • Powerpoint • Microsoft Office • Sales • Typing • Management • Data Entry • SharePoint • Microsoft Excel • Asset Management • Document Control • 5S • Microsoft Teams • Administrative Experience • NCMS- National Compliance Management System (1 year) • DISA(2 years) • ISNetworld • Veriforce/PEC (2 years) • 5S • Document management • Accounts payable • Accounts receivable • Auditing • Compliance management • Typing • Microsoft Office • Procurement • Logistics • Commercial Vehicle Experience Certifications and Licenses U.S. DOT Motor Carrier Safety Compliance Course Present Successfully completed the DOT Compliance Course from the U.S. Department of Transportation Safety Institute. Basic Hazardous Materials Transportation Training Program Present Successfully passed the Basic Hazardous Materials Transportation Training Program from the U.S. Department of Transportation,Transportation Safety Institute PEC Basic Orientation Present Successfully completed the PEC Basic Orientation Safeland training. Assessments Work style: Reliability — Proficient July 2021 Tendency to be reliable, dependable, and act with integrity at work Full results: Proficient Basic maintenance and repair — Proficient January 2023 Performing basic repairs and maintenance for apartment complexes, office buildings, and other facilities Full results: Proficient Recruiting — Proficient September 2023 Managing the candidate sourcing and selection process Full results: Proficient Spreadsheets with Microsoft Excel — Proficient May 2021 Knowledge of various Microsoft Excel features, functions, and formulas Full results: Proficient Customer service — Proficient December 2020 Identifying and resolving common customer issues Full results: Proficient General manager (hospitality) — Proficient May 2021 Solving group scheduling problems and reading and interpreting P&L statements Full results: Proficient Administrative assistant/receptionist — Proficient July 2022 Using basic scheduling and organizational skills in an office setting Full results: Proficient Indeed Assessments provides skills tests that are not indicative of a license or certification, or continued development in any professional field. CITY OF CORPUS CHRISTI Submit Date:Oct 02, 2023 Application for a City Board, Commission, Committee or Corporation Profile Deven S Bhakta First Name Middle Initial Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? V District 5 Current resident of the City of Corpus Christi? c Yes r No If yes, how many years? 14 ZJZ Hospitality IncPresident/CEO Employer Job Title Work Address- Street Address and Suite Number 1410 Crescent Drive Work Address- City Corpus Christi Work Address- State TX Work Address- Zip Code 78412 Deven S Bhakta Work Phone 361-855-1549 Work E-mail address deven@zjzhospitality.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Are you a Nueces County 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: Visit Corpus Christi, Chair Elect Education, Professional and/or Community Activity (Present) Texas Hotel & Lodging Association (THLA) - Board Member- Nueces Country Representative- 11 Years Ronald McDonald House- Board Member Art Museum of South Texas Board of Trustees Corpus Christi Country Club Board of Governors- Board Chairman Why are you interested in serving on a City board, commission or committee? My company currently owns 7 hotels in Corpus Christi and is in development of another in the SEA District. In addition, i have invested in downtown property, island property, southside, Calallen, etc compromising of industrial warehouses, retail, and raw land. I have a vast understanding of the economics and growth of the area as well as property valuations of all types. Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r No Deven S Bhakta 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 No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non-city public office, please enter N/A No Demographics Gender 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 c No Are you,your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Deven S Bhakta Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer"Yes"to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer"NO"to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention &Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? * • Lodging At-Large Industry • Hotel Industry Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes c No Deven S Bhakta Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity(per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either=disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/interest being paid in installment agreement(2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1)Was Tax Assessor—Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1)the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification Deven S Bhakta City Code Requirement- Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65,which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city.A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement-Attendance As a board, commission, or committee member,you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25%of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination.An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information understand that if any member of the public makes a request for information included in this application or in any attachment(e.g. resume or supporting documentation)for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Deven S Bhakta COMMUNITY INVOLVEMENT 2009 2012 IHG Owners Association Extended Stay Committee 2010 2019 United Corpus Christi Chamber of Commerce 2018 Chairman 2018 Chairman of Foundation 2017 Merger with Hispanic Chamber Committee 2017 Government Affairs Chairman 2009 Present Port Aransas Chamber of Commerce 2016 Present Chairman 2018 Present Chairman of Foundation 2012 Present Economic Development Committee 2009 Present Texas Hotel and Lodging Association 2016 2019 Labor Relations Chairman 2011 2017 Ronald McDonald House Charities of Corpus Christi 2015 2017 House and Grounds Chairman 2012 2016 March of Dimes 2014 2016 Board Chairman 2014 2016 State Advisory Committee 2012 2016 Del Mar College Foundation Board of Trustees 2015 2016 Executive Committee 2016 Signature Chefs Chairman - March of Dimes 2019 American Heart Association Heartwalk Chairman 2019 Present Air Service Task Force Committee - Chairman Citywide Committee by City to study direct flights 2019 Present Corpus Christi Country Club Board of Governors Vice President 2020 Present Ronald McDonald House Charities of Corpus Christi Task Force to Develop New House 2020 Present Art Museum of South Texas - Board of Trustees CITY OF CORPUS CHRISTI Submit Date:Jul 10, 2023 Application for a City Board, Commission, Committee or Corporation Profile Janie Gifford First Name Last Name Email Address Suite A Street Address Suite or Apt Corpus Christi TX 78418 City State Postal Code What district do you live in? (J District 4 Current resident of the city? r Yes r No If yes, how many years? 17 ------------- ---- Primary Phone Alternate Phone Coastal Bend Emr)loyment_-_-____ Recruiter Employer Job Title Work Address- Street Address and Suite Number 14493 SPID Suite A Work Address- City Corpus Christi Work Address- State ------------- Texas Work Address- Zip Code 78418 Janie Gifford Work Phone ---------- 3615855068 Work E-mail address coastalbendemployment@outlook.com Preferred Mailing Address PF Work Address Which Boards would you like to apply for? NUECES COUNTY TAX APPRAISAL DISTRICT: Submitted Interests & Experiences Are you a registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Paralegal Studies- Del Mar BAAS in Criminal Justice-TAMUCC 2021 MBA TAMUCC-currently pursuing If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am most interested in padre island business and waterfront/beach committees. Why are you interested in serving on a City board, commission or committee? ---------------- ------ I love my home, I want to see good things happen for it and I want to be a part of its development. -----------------_- Upload a Resume Are you an ex-Officio member of a City Board, commission or committee? r Yes r. No Janie Gifford 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 Janie Gifford 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 PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC)Are you a resident of the Port Authority district and an elector* of Nueces County? r Yes r No Question applies to PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY,TX (For Port of CC) Have you been a resident of Nueces County for at least 6 months? r Yes r No Question applies to WATERSHORE AND BEACH ADVISORY COMMITTEE The Watershore & Beach Advisory Committee must include members representing certain categories. Do you qualify for any of the following categories? P None of the above Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No 1nnio (_iffnrrl Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code)to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either= disqualified) ---------------- r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties/ interest being paid in installment agreement (2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor—Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? rYes rNo innio r=iffnrrl Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1) the Appraisal District or(2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? 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. V I Agree City Code Requirement- Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61,which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. IJ 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. FJ I Agree lcinio riffnrrl Oath swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree lnnio (;iffnrrl Janie Gifford 14493 SPID Suite A PMB 343,Corpus Christi,TX 78418 Coastalbendemployment@outlook.com (361)585-5068 EDUCATION GULF COAST FLIGHT TRAINING,LLC. • March 2023 Admission • March 2025 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/MBA Candidate • Fall 2022 Admission • Fall 2024 Expected Graduation Date TEXAS A&M UNIVERSITY Corpus Christi TX/BAAS in Criminal Justice • Mechanical Engineering 2 years • Criminal Justice Program COMPLETED Fall 2021 DEL MAR Corpus Christi TX • Accounting 2 years • Paralegal Studies program 2 years COMPLETED INCARNATE WORD ACADEMY Corpus Christi TX • Middle&High school attendance RELEVANT EXPERIENCE Recruiter COASTAL BEND EMPLOYMENT,LLC November 2022-Present • File all formation paperwork and tax information • Create all contracts and rate sheets • Create website,LinkedIn page,Facebook page, Instagram page • Create advertisement letters,stamps,flyers • Manage media and advertisements • Create resume building website portal • Prospect companies and candidates • Gain membership to organizations,maintain professionalism,attend all mixers,luncheons,volunteer events • Create volunteer and drive opportunities to support the community • Create resumes for individuals • Create operational excel sheets to manage expenses,contacts,and all company activity • Conduct interviews,drug testing,background checks • Maintain confidentiality and professionalism towards companies and individuals • Partnering with Del Mar to create social services and charity items for students • Giving talks about career options to students—STVT/Del Mar • Attending job fairs Recruiter(TEMP Position until Fall 2022 MBA Begins) UNIQUE EMPLOYMENT SERVICES December 2021—September 2022 • Interview,background check,and drug test candidates • Advise on skills and how to obtain them • Create resumes • Interface with companies and determine their needs • Write contracts,research financial background of company,determine worker comp code • Marketing and recruiting • Collect time sheets and help with collections • Help resolve issues between clients and employees • Write job descriptions,help determine hourly pay rates • Join organizations to represent company and obtain contracts Temp Paralegal and Accounting Assistant BANDAS LAW FIRM,P.C.November 2021 • Combine 3 attorney's caseloads into one litigation filing system. • File all outstanding paperwork into new litigation filing system. • Create 2020 and 2021 filing system for accounting department,divided into clients and vendors. • File into accounting system and bring current. • Accounting department,verify accounts paid with specific checks. • Accounting,extract all employee transactions and move to separate filing system. Temp Paralegal(Hiring Partner Retired) LAW OFFICES OF BARKER&FANCHER November 2018—December 2018 • E-Filing Documents • Drafting Pleadings and other documents for review • Updating and closing cases • Keeping deadlines and reminding other staff • Court running/document delivery • Secretary duties • Records maintenance Temp Receptionist/Court Runner(Firm Closed,Partner Retired) LAW OFFICES OF GONZALEZ&LOPEZ April 2018—August 2018 • Greeting,scheduling,calling clients • Interacting with District Clerk's office • E-Filing documents • Interacting with,requesting information from Corpus Christi Police Department • Running files/documents to Court and to other firms • Handling and entering all forms of client payment • Clio software familiarity • Opening,updating,and closing client files • Handling all outgoing mail,including large flats,certified mail,and mailing outside the USA • Drafting/assisting with pleadings and other forms • Maintaining office supplies and printers • Assisting tenants and accepting rent checks/payments • Maintaining office;clean desks,kitchen surfaces,water plants,keep fridge stocked • Interacting with the OAG,filing requests,etc. • Run errands:pick up supplies,food,mail,personal errands to the employers • Archiving files and uploading current cases to online data base Paralegal LAW OFFICES OF TOM GIFFORD April 2016—April 2018 • Typing up dictation in proper form • Greeting clients and taking calls • Managing social networking • Assisting with billing • Technical support • Personal errands • Mailing correspondence • Completing forms for wills and trusts • Pulling forms to create new documents,such as divorces • Interacting with courthouse • Interacting with jails and police officers • Reviewing evidence • Putting case information and forms together • Attending Texas Bar Association Meetings Dispatcher/Project Manager Assistant/Collector/Payroll AC DISTRIBUTION March 3`d,2014—April 1", 2016 • Dispatching technicians • Opening, closing,and billing a project • Issuing and receiving material on a purchase order • Payroll entering and processing for 100+employees • Hourly,salary,and piece pay familiarity • Utilizing GPS to verify worked hours • Scanning and filing relevant project documents • Creating work orders for service and warranty calls • Telephone and customer relations experience • Submitting permits to the city and calling for/tracking inspections • HR assistant • Uniform inventory recording • Finding vendors • Handling returned mail • Menial office duties • Quick at learning other duties • Auditing and recording invoices to prevent side work • Collecting on past due invoices • Run credit cards,handle cash and checks • Man the front desk to handle customers and provide counter sale service • Billing customers • Stocking uniforms,returned or destroyed uniform receiving,and maintaining a vendor list Temp Admin Assistant AEP TEXAS December 2013-January 2014 0 Archiving/filing papers,recreating filing system. • Creating,issuing,and completing POs,Returns,Transmissions,Material Requests,and Issues. • Warehouse inventory,counting stock and re-ordering • Phantom facility familiarity,Asset Suite familiarity,and Partials. OTHER EXPERIENCE Temp Hostess(Grand Re-opening/Closed) LEXINGTON BAR AND GRILL March 1",2016—April 1",2016 • Greeting and seating customers/handling upset customers • Handling cash • Cleaning the restaurant including tables,windows,and bathrooms • Waitstaff duties • Handling alcohol • Overseeing waitresses and deciding which customers they will be working with Restock/Floor Assistance(Summer Hire) OCEAN TREASURES May 2016—October 2016 • Restock merchandise to the floor • Greet and assist customers • Monitor for theft • Help with golf course opening/closing • Empty trash,dry mop floors,clean bathrooms,ensure all doors are locked Hostess/Busboy/Kitchen Prep/Prep cook/Pizza Line/Delivery/Dish ISLAND ITALIAN October 2016—2017(Hurrican Harvey destroyed roof)/January 2019—August 2020 • Seat customers,take care of any customer needs • Manage servers,assist if necessary • Bus and wipe all tables • Run food and alcohol • Handle cash and answer phones • Clean entire seating area at closing • Coordinate events—set up the floor and prep all foods • Kitchen prep-all items • Pizza line—all orders and restock • Delivery • Disher • Receive trucks/place restock orders • Prep all foods—all lines • Special orders Dish Washer/Fry Cook/Prep/Baker/Expo SCUTTLEBUTTS October 2017—February 2018 • Wash all dishes and put away • In-House Bakery line—make all desserts,produce orders,unload delivery trucks • Morning line cook for buffets and kitchen prep—all soups,bacon,breads,etc. • Fry line—make all orders • Expo line—finalize all plates,make all salads,keep FOH staff in order on busy days Cashier/Catering(Temp Work/Student) CORNER BAKERY CAFE September 2018—December 2018 • Handle cash • Take orders,expo and run food • Prepare,deliver,and set up catering orders • Prepare and display baked goods • Maintain restaurant(clean surfaces,remove trash,bus) Server/Bartender/Cook COSTA SUR April 2023-Present • Handle cash • Handle alcohol • Seat guests • Take orders,input orders,run food,answer menu questions,specialty food changes • Bus/wipe/set tables and wash all dishes/silverware/polish glassware General Duties DUNKIN DONUTS • Prepare all coffee and donuts prior to opening and remove at closing • Handling cash and drive through orders • Food preparation • Maintaining seating area Assistant 361 MOTORSPORTS April 2013—October 2017 • Replacing brake pads,examining emergency brakes,cleaning intake manifolds,and smoke testing. • Using Dynamometer,operating lift,using cherry picker. • EGR Delete on Dodge Ram 3500. • Paint job for bumper, frame rails,and grill. • Yamaha airbox removal. • 240 sx mounting turbo,replacing water lines,power steering mounting,intake filter upgrade,pipe elbow upgrades,battery cleaning and replacing,rerouting wire,fuel pump replacement,and charcoal canister deletion. • Refilling coolant,power steering fluid,and oil change. • Installing shocks,rotors,and upper control arms 2005 Jeep Rubicon. • Interior removal for Nissan 300zx,pulled engine,pulled turbo,and pulled fuel rails. • Engine work for Audi'95 S6 and 2005 Jeep Rubicon Unlimited. • Attaching/sealing flex duct and assisting with energy rating. • Gutting and replacing exhaust,replacing fuel filters,creating new terminals,coolant rerouting kits. • Build battery bracket and mount battery. • Install turbo,upgrade to higher flow airbox,upgrade electrical to move system in engine bay. • Heat spray,heat wrap, and install headers. • Oil changes 1990 MX-5,2005 Z4M,2003 Trail Blazer,300 ZX,2005 Rubicon,240 SX. • Clean gutted electrical compartment and install new wiring to connect head unit for audio system. • Dyno events: Little River Dragway,Corpus Christi Heat Wave,Drift Corpus,and Texas Mile 2013. Court Runner LAW OFFICES OF THOMAS GIFFORD June 2009—September 2009 • Menial tasks and office work; cleaning,food pick-up,and organizing. • Answering phones and greeting clients. • Sorting confidential files and handling cash and checks. • Filing papers with the courts and maintaining office records. • Transmitting information or documents by mail and facsimile machine. • Handling cash and checks. • Maintaining office equipment and supplies. Assistant to the DEPTH Coordinator MOUNTAIN VALLEY HEALTH CENTER August 2011—June 2012 • Interacting with and enrolling DEPTH members. • Sorting confidential files and client information. • Filing and retrieving corporate documents,records,and reports. • Compiling information gathered in meetings. • Providing clerical support to the accounting department. • Performing general office duties,such as maintaining records and creating spreadsheets or documents. • Conducting research,compiling data,and preparing papers for upcoming events and consideration by executives,committees,and boards of directors. • Reading and analyzing incoming memos,submissions,and reports to determine their significance to the DEPTH Program. • Wrote an article for the local newspapers about DEPTH. • Promoting DEPTH through fliers,events,emails,phone calls,word of mouth,and member induction. • Closing out and storing files,and submitting final reports. • Accounting for spent monies. • Preparing reports for Tides Board. CERTIFICATIONS Human Resources Training Seminar 2014 • Hiring and interview training. Human Resources Training Seminar 2022 • Interviewing Skills for Supervisors 1/2022 • Handling Employee Complaints 1/2022 • Customer Service Skills 1/2022 AWARDS Photography Vibes Honorary Printed Photography Finalist 2012 0 Contest finalist and winner with plaque and published photography. CLUBS AND ORGANIZATIONS Associated Builders and Contractors Volunteer ABC BBQ March 2022 • Sold over$600 in raffle tickets. • Event photos. • Helped with food judging. • Set up/break down. Volunteer ABC Food Drive April 2022 • Run drive at work and collect from friends • Donate food • Break down boxes • Fill and tape boxes • Work at Coastal Bend Food Bank Volunteer ABC Fishing Tournament 2022 • Intake information • Check in guests • Assist with booth • Weigh in for fish Young Professionals of the Coastal Bend Volunteer CCISD Book Drive March 2022 • Collected several boxes of books to help support CCISD. Volunteer CCISD Guest Speaker June 2022 • Spoke to students 13+years old • Discussed education opportunities and how to achieve them • Discussed careers and how to get involved • Discussed other material Volunteer Ronald McDonald House—Toy and Supplies Drive August 2022 • Collected money • Collected clothing,toys,and hygiene necessities Volunteer Spawglass—Clay Shoot CC Gun Club March 2023 • Collected money • Ran games • Set up • Break Down • Raffle • Sales SELF-STARTED EVENTS Food Drive For Izzy's Pantry at TAMUCC April 2023 • TBD Professional Attire Drive For Izzy's Closet at TAMUCC August 2022 • Collected clothing from the community • Gathered suits,dress shoes,slacks,dresses,and blazers • Over$2000 in donations were made Southern Careers Institute—Presentation to Students Give presentation on interviews/resumes,other employment info • PowerPoint • Interact with students • Give advice and gather resumes MISCELLANEOUS ACTIVITES Volunteer ASPCA Dog Walker June 2009—August 2009 • Leash and walk dogs. • Clean kennels and refresh water bowls. • Groom and wash dogs. Volunteer Beach Clean-up Crew Events 2009—2010/2012—2014 • Pick up trash and dispose into appropriate disposal areas. • Move pallets and glass. Volunteer Bake Sales and Prom fundraisers 2010—2012 • Make bake items and set up bake sale area. • Handle cash and assist customers. • Using tools to create prom sets and canvas local business for donations. • Cleaning and breaking down sets and bake sale areas. Volunteer Neighborhood Clean-ups and Beautifications 2010—2012 • Pick up trash and dispose into appropriate disposal areas. • Pull weeds,clean gutters,sweep street areas. • Creating bus stop seating areas with shade and painting in local high school team colors. • Creating cute painted mascot plaques to hang in public places. • Decorating town for holidays and sports events. Yearbook Photographer and Assistant 2011 • Photograph all activities and events,travel to away games to document events. • Creating pages for yearbook to be proofed by editor. • Canvas local businesses for ad space and donations to fund production. Yearbook Editor in Chief 2012 • Arrange teams of student photographers to document all school events and activities. • Determine which pictures are appropriate for yearbook. • Arrange and proof all pages before publications. • Canvas town and local businesses for ad space and donations to fund production. Volunteer Texas Longboard Surf Club June 2019—2021 (Membership current) • Arrange TGSA events—sign in participates and assign shirts. • Meetings and networking to retain and maintain membership. • Assist group leaders. Autocross SCCA Waldron Autocross participant 2014-2017 • Divide into classes and heats based on vehicle. • Drive course as well as possible to qualify your time for the day. • Pick up and arrange cones for other heats and report cones down for total points to deduct. • Pay monthly dues and pass security background check to drive on base. LETTERS OF RECOMMENDATION September 1,2022 To Whom it may concern, It's my absolute pleasure to recommend Janie Gifford for your employment. Janie and I were coworkers at Unique Employment for the 7 months that I was employed there. I have since moved on,but have kept in close contact with her. I thoroughly enjoyed working with Janie and always admired her positive,upbeat spirit and willingness to learn.Her organization skills and commitment are top-notch and l believe she can do anything she puts her mind to because she fully engulfs herself in any task she is presented with. Her goals and ambitions are an inspiration to others as she continues her journey through life. Her willingness to be part of a team,foster positive discussions,and her dedication were truly admirable.Couple that with her ever-growing intelligence,insights and ideas,and work/life experiences,I believe she would be an asset to any organization that chooses her to be part of their team. Please feel free to contact me at(806)-893-4253 orjaycezunigal6@gmaii.com should you like to discuss Janie's qualifications and experience further.I'd be happy to expand on my recommendation. Sincerely, PVe Inventory Pontral6ArchasingManager Billy Pugh rompahy COLLEGE OF LIBERAL ARTS ���..\\' VEXASA�rRITt�Cl UNtVERSFFY DEPARTMENT OF SOCIAL SCIENCES , 5ft( US l.H MSTI 6300 OCEAN DRIVE,UNIT 6826 CORPUS CMRISTL TEXAS 78412-5626 O 361.8252596 F 361.825.3762 Wendi Pollock Texas ARCM University—Corpus Christi Department of Social Sciences 6300 Ocean Drive,Unit 5826 Corpus Christi,TX 78412 December 7,2021 To Whom This May Concern: I am pleased to write this letter of recommendation for Janie Gifford,who is currently applying to your graduate program. I have had the pleasure of knowing Janie for a little over a year.She was a student in my upper-level research methods course at Texas ARCM University—Corpus Christi.As a student in the classroom,Janie was engaged and performed well overall.She picked up new tasks quickly and was able to present her results effectively both in written and oral form.She also worked well under the unusual circumstances created by the early stages of the COVID-19 pandemic and was able to continue her learning process,even in a format that may not have been her first choice. In addition to her work in the classroom,Janie has worked in the field,often in positions that would give her more insight into the courtroom and surrounding processes.She has been a paralegal as well as a receptionist/court runner for several legal firms.As a result,Janie,more than many other undergraduate students that I have taught,may have a clearer sense of the role in the criminal justice system that she is wishing to undertake.As a result of Janie's knowledge of the system,her persistence when it comes to continued learning,her ability to successfully complete difficult new tasks under difficult conditions,and her abilities to communicate both orally and in writing,I highly recommend Janie for your program.If there is anything else I can do to further her application,please do not hesitate to contact me. Sinc//erely, 0 �BY�C� Wendi Pollock,Ph.D. Wendi.Pollock(d,.tamucc.edu 361-825-3061 Brittani Ortiz Bandas Law Firm 802 N.Carancahua,Suite 1400 Corpus Christi,TX 78401 November 17,2021 To Whom It May Concern: I am highly recommending Janie Gifford to you.1 am a paralegal at Bandas Law Firm and I have worked with Janie in redeveloping our litigation filing system.I believe Janie would be a great asset to the position she applies for. Janie has displayed a very positive and ambitious work ethic with all tasks I did present to her.On top of that,she had excellent organizational skills and was very prompt. 1 believe that Janie will be a great fit for your business.She was amazing to work with and shows she is very knowledgeable while also has a interest to learn more. Sincerely Brittani Ortiz Paralegal TEXAS A&MRSITY CORPUS IMSTI To Whom It May Concern: It is my great pleasure to write this recommendation letter to Janie Gifford for her application to law school.Janie Gifford is one of my students at Texas A&M University of Corpus Christi. She took communication theory course with me.I was impressed by her diligence,critical thinking, and exceptional communication skills. I am an assistant professor of Department of Communication and Media at Texas A&M University-Corpus Christi.I have taught communication related courses since 2015.Janie Gifford is one of the most talented students I have worked with. In Communication Theory class,Janie is one of the students who progressed tremendously at the end of the class. At the beginning,Janie was a little bit struggled with her case study idea.With tons of hard work and deep research,at the end of the semester,Janie developed a great piece of final work.I am surprised by her perseverance and determination.Her immense improvement resulted from her hard work and unstoppable spirit. In addition to schoolwork,Janie also has various professional experience. She has been a hiring recruiter for unique employment agency.In addition to that,she also worked as a paralegal for years.Janie is enthusiastic about her work and developing numerous important skills and abilities for her future career.With years of working experience,Janie is excellent at multitasking,planning and communication.To be a good paralegal,she needs to greet clients, take calls,manage social networking,interact with courthouse,jails,and police officers.Her extraordinary multitasking and planning skills made her survive and thrive in her job. Meanwhile,communication is another integral part in her work,an exceptional communication skill made Janie work with various people smoothly and productively. To sum up,Janie is a self-motivated person with great passion on her study and job.With all the above-mentioned remarkable qualities,I believe that Janie Gifford will continue to be great in her future. I highly recommend her for admission to your program. She is talented,dedicated, hardworking and never stops chasing her dream.Janie's outstanding multitasking abilities, planning and communication skills will also make her a brilliant student in law school.please feel free to contact me if you have any questions at sining.longtiitamucc.edu. Sincerely, S'�rvE Yt r1 Assistant Profess of Communication Department of Communication&Media Texas A&M University-Corpus Christi THE LAW OFFICE OF 41.8 Peoples Street,No.206 STEVE LOPEZ Coq)u5 Christijemas 78401 Tel.(361)500-4452 Attorney at Law,PL.LC I ste-,v@lopezlawcc.com Fax,(361)28$-1385 October 13,2021 Attn: Law School Admissions Connnittee Re: Recommendation for Admission to Law School Janie Gifford Dear Law School Admissions Committee, It is with great pleasure that I recommend Ms. Janie Gifford for admission to your law school. Throughout her employment with my prior law firm, Ms. Gifford has proven to very observant,a quick learner and exhibited professionalism and commitment to her work. Ms. Gifford was initially brought into my office as additional office support with the understanding her responsibilities would be increased after her abilities were demonstrated. Ms. Gifford quickly shined and excelled. Ms. Gifford was entrusted with maintaining client communications, handing sensitive documents and financial information, and keeping the office a welcoming and professional environment for my clients and colleagues. I was most impressed with her inquisitive nature. I took that to be demonstrative of both her attention to detail but also sincere desire to learn. Unfortunately, my prior partner began transitioning to retirement in August of 2014, and I was unable to continue to employ her as our office staff was downsized. I believe Ms.Gifford has the character,work ethic and natural abilities necessary to excel in law school as well as practice. Having Ms. Gifford as a student at your law school will be a credit to your institution. Sincerely, Eqv STEVE LOPEZ so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 31, 2023 DATE: October 18, 2023 TO: Mayor and Council FROM: Rebecca Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Resolution appointing members for place 3 and 4 on the Board of Directors of the Nueces County Appraisal District, Nueces County Texas CAPTION: Resolution appointing members for place 3 and 4 on the Board of Directors of the Nueces County Appraisal District, Nueces County Texas SUMMARY: The City of Corpus Christi appoints two members (Places 3 and 4) to the Nueces County Appraisal District (NCAD) Board of Directors. Terms expire on December 31, 2023. The City appoints representatives for a two-year term from January 1, 2024 to December 31, 2025. Per state law, appointments are made by resolution. This resolution will include the names of the appointees selected during the board appointments section of today's City Council meeting. FISCAL IMPACT: NONE Funding Detail: Fund: Organization/Activity: Department: Project # (CIP Only): Account: SUPPORTING DOCUMENTS: Resolution Resolution appointing members for place 3 and 4 on the Board of Directors of the Nueces County Appraisal District, Nueces County Texas WHEREAS, pursuant to the Nueces County Appraisal District Voting Agreement of 1979, as amended in 2009 and 2013, the Corpus Christi City Council appoints members for place 3 and 4 on the Board of Directors of the Nueces County Appraisal District. NOW, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Corpus Christi City Council appoints to Place 3 on the Board of Directors, Nueces County Appraisal District for the for the two- year term from January 1 , 2024, to December 31 , 2025. SECTION 2. The Corpus Christi City Council appoints to Place 4 on the Board of Directors, Nueces County Appraisal District for the two-year term from January 1 , 2024, to December 31 , 2025. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, October 17,2023 11:30 Nkrpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:31 a.m. B. Invocation to be given by Pastor Rick Barrera, Believe Church. Pastor Rick Barrera, Believe Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Erin Vela, Senior at Moody High School. Erin Vela, Senior at Moody High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Note: Council Member Barrera arrived at 12:33 p.m. 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. SECURITY BRIEFING Assistant City Secretary Stephanie Box provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1686 Staff Announcements: Billy Beyleu - Corpus Christi Assistant Fire Chief City Manager Peter Zanoni announced that Billy Beyleu was appointed as Corpus Christi City of Corpus Christi Page 1 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 Assistant Fire Chief on September 25, 2023. Mr. Beyleu has been a Corpus Christi Firefighter for 17 years. 2. 23-1688 62nd Annual Texas Jazz Festival, October 20 - October 22 City Manager Peter Zanoni and Nick Martinez presented information on the 62nd Annual Texas Jazz Festival to be held on October 20-22 at Heritage Park. Mr. Martinez has been an active member of the Texas Jazz Festival for 20 years. 3. 23-1681 2023 November Constitutional Amendment Election City Manager Peter Zanoni provided facts about the upcoming Tuesday, November 7, 2023 Special Election. Early voting begins Monday, October 23 and ends Friday, November 3. Early voting locations are provided on the Nueces County website. Early voting will be held Monday through Friday, 8:00 a.m. to 5:00 p.m., and November 2 and 3, 7:00 a.m. to 7:00 p.m. Council Members and City Manager Zanoni discussed the following topics: a Council Member's concern about city policy on political signs on City owned properties; and the League of Women Voters Corpus Christi will hold an information session about the 14 proposed constitutional amendments on the state ballot from 10:30 a.m. to 12:00 p.m. on Saturday, October 21, La Retama Library. 4. 23-1682 Beach Nourishment at Whitecap Director of Engineering Services Jeff Edmonds presented information on the following topics: Packery Channel dredging and beach nourishment; and project location. A Council Member, City Manager Peter Zanoni, and Director Edmonds discussed the following topics: the slope of the beach will remain the same; and the City is reusing dredge material from Packery Channel to make it deeper and more navigable. 5. 23-1713 Update on Intergovernmental Relation Delegations for Coastal Bend to D.C., Texas Municipal League, and South Texas Military Taskforce given by Ryan Skrobarczyk, Director of Intergovernmental Relations Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the following topics: recent and upcoming trips; Coastal Bend to D.C. delegation; CB to DC 2023 registered attendees; Coastal Bend to D.C. meetings conducted; Texas Municipal League annual conference and exhibition; and South Texas Military Task Force trip to D.C. Council Members, City Manager Zanoni, and Director Skrobarczyk discussed the following topics: whether healthcare workers were invited to be in the delegation by the United Corpus Christi Chamber of Commerce; at TML, Council Member Roland Barrera was elected Vice-President of the Association of Hispanic Municipal Officials (AHMO); and the purpose of the Coastal Bend to D.C. trip is to advocate for federal funding and support. City of Corpus Christi Page 2 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 G. PUBLIC COMMENT Mayor Guajardo opened public comment. Adalberto Carrillo III, 4055 Killarmet Dr., spoke in opposition to Proposition A and announced that he will be running for Council Member District 3. The following citizens spoke in opposition to Proposition A: Shawn Flanagan, 4218 Herndon St., Rachel Caballero, 522 Hancock Ave., and Ajit David, 5821 Ocean Dr. Susie Saldana, 4710 Hakel Dr., stated concern about Proposition A. The following citizens spoke in opposition to desalination: Blanca Parkinson, 10801 Silverton Dr., Rachel Caballero, 522 Hancock Ave., Jennifer Bray, 618 Del Mar Blvd., Margaret Duran, 4022 Congressional Dr., and Cathy Fulton, Port Aransas, TX. The following citizens spoke in opposition to closing the Christus Spohn Shoreline Emergency Medicine Residency Program: Marilyn and Michael Brodeur, 15729 Escapade St., John Cambron, 7609 Petit Pointe Dr., Avery Tomanec, 3610 Lake Champagne, Nestor Praderio, 1315 Santa Fe St., Craig Pedersen, 15630 Gypsy St., Carl Kivela, 1 Camden Place, Ed Garcia, 1009 Delta Dr., Michael Halpert, 245 Rosebud Ave., Karl Serrano, 220 Indiana Ave., Rachel Sutherly, 312 Peerman Place, Lonnie Schwirtlich, 14314 Playa del Rey, and Adam Rios, 7301 Tangled Ridge Court. John Weber, 609 Naples St., spoke about the costly charges for public information requests. Joshua Tijerina, 5506 Wooldridge Rd., expressed concern about the Visit Corpus Christi organization. John Hendricks, 622 Texas Ave., expressed concern that no improvements have been made at Rose Hill Memorial Park. The following citizen submitted a written public comment which is attached to the minutes: Kathryn Masten, P.O. Box 25, Vienna, MD. H. BOARD &COMMITTEE APPOINTMENTS: 6. 23-1652 Corpus Christi Convention & Visitors Bureau (8 vacancies) Mayor Guajardo referred to Item 6. Corpus Christi Convention & Visitors Bureau: Reappointed: Deven Bhakta (Hotel Industry), Amy Granberry (Lodging At-Large Industry), and Jennifer Lira (At-Large) City of Corpus Christi Page 3 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 Appointed: Krystof Kucewicz (Hotel Industry), Alex Harris (Short-Term Rental), Steve Banta (Attraction Industry), Zach Jurasek (Attraction Industry), and Latoya Rodriguez (At-Large) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 7 - 16) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. No items were pulled for individual consideration. Council Member Pusley moved to approve the consent agenda, seconded by Council Member Hernandez. 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 7. 23-1654 Approval of the October 10, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 8. 23-1355 Ordinance authorizing a three-year lease agreement with five one-year options to renew, with Texas A&M University-Corpus Christi Lone Star UAS Center of Excellence and Innovation (LSUASC) for 3,000 square feet of shop space, 19,000 square feet of unimproved land, and 1,400 square feet of the vehicle parking at the Corpus Christi International Airport. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033191 9. 23-1553 Ordinance appropriating $48,348 and cash match of$9,670 for an increase of $58,018 in the Tuberculosis Prevention and Control Grant from the Department of State Health Services (DSHS) to provide tuberculosis prevention and control services for the period January 1, 2022, through August 31, 2024, and authorizing one grant position. This second amendment to the Tuberculosis Prevention and Control Federal Grant amendment will increase funding to a total not-to-exceed $154,710. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033192 City of Corpus Christi Page 4 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 10. 23-1566 Zoning Case No. 0723-05, Circle K Store (District 1). Ordinance rezoning property at or near 11102 Up River Road from the "RS-6" Single-Family 6 District to the "CG-2" General Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033193 11. 23-1567 Zoning Case No. 0823-01, Sharky Transportation (District 1). Ordinance rezoning a property at or near 4757 Sharpsburg Road from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033194 12. 23-1311 Ordinance authorizing execution of a professional services agreement with Coffman Associates, Inc., of Overland Park, Kansas, for an updated Airport Master Plan in an amount not to exceed $1,610,689.00; appropriating Airport Grant No. 72 from the Federal Aviation Administration for $1,449,620.00 in Airport CIP Grants Fund No. 3020; appropriating $161,069.00 from the FY 2023-2024 Operating Budget, Airport Fund No. 4610, and transferring to Airport Capital Reserve Fund No. 3018. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033195 13. 23-1490 Ordinance authorizing the City Manager to execute a lease agreement with Tailwind CRP, LLC for terminal space at the Corpus Christi International Airport for a ten-year term, with a one six-year option to renew to operate restaurants, bars and other concessions in the Terminal.(28-day delay required between readings) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033196 General Consent Items 14. 23-1471 Motion authorizing execution of an 18-month service agreement with JDT RPR Services, Inc., of Keller, Texas, in an amount not to exceed $478,800.00 for construction inspection staff augmentation services for the Aviation Department, with FY 2024 funding of$438,676.85 from Airport CIP Grants Fund and $40,123.15 from Airport Capital Reserve Fund. This Motion was passed on the consent agenda. City of Corpus Christi Page 5 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 Enactment No: M2023-160 Consent-First Reading Ordinances 15. 23-1603 Ordinance accepting a $100,000 donation from the Cheniere Foundation and amending the operating budget for FY 2023-2024 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. This Ordinance was passed on first reading on the consent agenda. 16. 23-1407 Ordinance approving a one-year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, in consideration of monthly rental payments of$400 a month. This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:00 p.m. Executive Session Item 24 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:51 p.m. L. PUBLIC HEARINGS: (ITEMS 17 - 19) 17. 23-1687 Public hearing on certain projects authorized under Chapters 501 and 504, Texas Local Government Code that the Corpus Christi Business and Job Development Corporation, a Type "A" Economic Development Corporation, proposes to undertake in the City of Corpus Christi if the reauthorization of certain Type A sales taxes are approved at an election to be held on November 7, 2023 as ordained by and for the purposes stated in Ordinance No. 033131. Mayor Guajardo referred to Item 17. Assistant City Manager Heather Hurlbert presented information on the following topics: what is Proposition A; Type A expansion of allowable uses; seawall protection; regional park enhancements; location of each regional park; street improvements; new direct flights; Selena Auditorium, arena, convention center improvements, and potential convention hotel built, owned and operated by private sector; and information resources. Council Members, City Manager Peter Zanoni, Assistant City Manager Hurlbert, Partner at Norton Rose Fulbright Clay Binford, and Director of Aviation Kevin Smith discussed the following topics: a minimum of five percent of annual revenue is for parks, streets and the convention center; the City is not obligated to spend five percent per year, but is available when needed; a maximum of five percent is allocated for new destinations to and from the airport; there is no expiration date for this sales tax because the law allows the City to capture the tax indefinitely or until it is changed at a future election; the City's City of Corpus Christi Page 6 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 goal is to utilize the majority of this money for parks, streets, and the convention center complex; concerns about misleading language on the ballot; Council can allocate a certain percentage of this money to the seawall; a concern that hoteliers are not in support of this proposition; and while it is too late to remove the proposition from the ballot, the Council could amend the resolution defining the convention center complex. Mayor Guajardo opened the public hearing. David Loeb, 4771 Ocean Dr., spoke in opposition to Proposition A. President and CEO of Buccaneer Commission Johnny Philipello, spoke in support of Proposition A. Joshua Tijerina, 5506 Wooldridge Rd., spoke in opposition to Proposition A. Michael Miller, 51 Camden Place, spoke in opposition to Proposition A. Chairman of Visit Corpus Christi Sam Canavati, spoke in support of Proposition A. Jatin Patel, 5224 IH 37, spoke in opposition to Proposition A. Raju Bhagat, 3805 Castle Ridge Dr., spoke in opposition to Proposition A. Mayor Guajardo closed the public hearing. 18. 23-1565 Zoning Case No.0723-06, Costa Blue 914 S. Port Series (District 1). Ordinance rezoning property at or near 914 South Port Avenue from the "I L" Light Industrial District to the "IL/SP" Light Industrial 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 18. Mayor Guajardo opened the public hearing. There were no comments from the Council or the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Absent: 1 - Council Member Hernandez City of Corpus Christi Page 7 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 Abstained: 0 19. 23-1582 Zoning Case No. 0823-03, Corpus Christus Spohn Health System Corp. (District 1). Ordinance rezoning property at or near 1314 3rd Street from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Mayor Guajardo referred to Item 19. A Council Member and Director of Development Services Al Raymond discussed the following topic: no one has expressed opposition to this rezoning, however some residents may complain about noise from the flights. Mayor Guajardo opened the public hearing. Jerry Kramer, 5710 King Trail, stated the reason to relocate the helipad is to allow the pad to be closer to the emergency room's entrance. Mayor Guajardo closed the public hearing. Council Member Barrera 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 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20 - 22) 20. 23-1576 Resolution authorizing the submission of a grant application for the Port of Corpus Christi Community Grant for$44,696.90 for incident command training for 30 emergency personnel and training equipment for the Corpus Christi Fire Department. Mayor Guajardo referred to Item 20. 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 resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 8 Printed on 1012512023 City Council Meeting Minutes October 17, 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: 033197 21. 23-1375 Ordinance authorizing a professional services contract with Freese and Nichols, Corpus Christi, to perform engineering services for the United States Bureau of Reclamation Title XVI Desalination Construction Grant Program in an amount not to exceed $220,517.00, appropriating $220,517.00 from the unreserved fund balance in the Drought Surcharge Exemption Fund; and amending the FY 2024 Operating Budget. Mayor Guajardo referred to Item 21. Council Members and Interim Chief Operating Officer of Corpus Christi Water Drew Molly discussed the following topics: this grant funding will allow the City to get an updated cost model for the Inner Harbor and La Quinta projects; this funding would be for the design and construction of a desalination plant; and a Council Member's concern about doing desalination in the bay. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 3- Council Member Hernandez, Council Member Klein and Council Member Campos Abstained: 0 22. 23-0700 Ordinance amending Chapter 121/2of the Corpus Christi Code to add experience requirement for Audit Committee, allow for an ex-officio member of the audit committee, clarify access to records, modify audit follow-up timeline, and modify composition of ad hoc committee for city auditor vacancy review. Mayor Guajardo referred to Item 22. City Auditor George Holland presented information on the following topics: staff recommends revisions; and background. City of Corpus Christi Page 9 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 Council Member Barrera moved to approve the ordinance, seconded by Council Member Suckley. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hernandez moved to amend the ordinance to remove Section 12 1/2 - 3(a), seconded by Mayor Guajardo. This Ordinance was passed on second reading as amended 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: 033198 N. BRIEFINGS: (ITEM 23) 23. 23-1708 Summary of Harbor Island Seawater Desalination Facility Integration with City of Corpus Christi Water Distribution System presented by Cara Tackett of Pape-Dawson Engineers Mayor Guajardo referred to Item 23. Managing Principal of Pape-Dawson Engineers Cara Tackett presented information on the following topics: project background; regional alternative water sources; framework; collaboration update; description of services-Harbor Island integration; stakeholders; 2036 projected demand centers and regional facilities; alternative 1/1 B; alternative 2; alternative 3; alternative 4; and next steps. Council Members, City Manager Peter Zanoni, Ms. Tackett, Interim Chief Operating Officer Drew Molly, Water Resource Manager Esteban Ramos, and Port Commissioners Gulley and Gonzalez discussed the following topics: the industrial growth is much more water intensive than residential growth; what is another water source option if the O.N. Stevens Water Plant is unavailable; the importance of having a facility that produces 100 million gallons of water per day (MGD); this study does not include cost or impact to desalination; and what will the cost to the ratepayers be, as well as what is the environmental impact on the bay; and phase 2 of the study is to look at financial costs. O. EXECUTIVE SESSION: (ITEM 24) Mayor Guajardo referred to Executive Session Item 24. The Council went into Executive Session at 2:00 p.m. The Council returned from Executive Session at 2:51 p.m. City of Corpus Christi Page 10 Printed on 1012512023 City Council Meeting Minutes October 17, 2023 24. 23-1680 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the use of real property at or adjacent to McGloin Road for airport-related facilities, and Texas Government Code § 551.072 to discuss and deliberate the lease or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person. This E-Session Item was discussed in executive session. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:04 p.m. City of Corpus Christi Page 11 Printed on 1012512023 From: CitySecretary To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 10-17-2023-Kathryn Masten Date: Tuesday,October 17,2023 11:10:11 AM From:Jotform<noreply@jotform.com> Sent: Tuesday, October 17, 2023 11:02 AM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 10-17-2023 - Kathryn Masten [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] U Public Comment& Input Form Date of 10-17-2023 Meeting Name Kathryn Masten Address Street Address: P.O. Box 25 City:Vienna State/Province: MD Postal/Zip Code: 21869 Topic 2017 Desalination Integration Cost Reports submitted to Port Agenda Item 23 Number Describe Attached is first of two reports on interconnection costs related to Feedback: desalination from 2017, submitted to the Port, by Naismith (now Hanson). The second report was too large, so it is available at https://www.dropbox.com/scl/fi/ljxz2bio664f7r6iyjkzq/COnnect3_1C_OUTER- HARBOR-COST-ESTI MATE-FOR-WATER-DISTRI B-NETWORK-013017.pdf? rl key=wefdoxtdn8iecjwvl3tj6j2j7&dl=0 . I suspect integration costs will not be any cheaper this time around! Uploads: DRAFT- OPINION OF PROBABLE PROJECT COSTS WATER DISTRIBUTION - NAISMITH-HANSON.pdf Provide an email to receive a kathrynmasten@yahoo.com copy of your submission. �vs c� G� U AGENDA MEMORANDUM NogPopp,Eo 1St Reading for the City Council Meeting of October 17, 2023 xs52 2nd Reading for the City Council Meeting of October 24, 2023 DATE: October 17, 2023 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager SteveV(a)cctexas.com (361) 826-3445 FROM: Daniel McGinn, Director- Planning & Community Development Dan ielMc(a)cctexas.com (361) 826-7011 Acceptance and appropriation of a $100,000 donation from the Cheniere Foundation and Authorizing an Agreement with the Coastal Bend Center for Independent Living to Provide Services to Persons with Disabilities Who are Homeless CAPTION: Ordinance accepting a $100,000 donation from the Cheniere Foundation and amending the operating budget for FY2023-2024 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. SUMMARY: The Cheniere Foundation has granted the City of Corpus Christi $100,000 for an agreement between the City and the Coastal Bend Center for Independent Living (CBCIL) so that CBCIL can provide services to persons with disabilities who are homeless. Services will transition persons who are homeless to being housed. BACKGROUND AND FINDINGS: The Cheniere Foundation, a 501(c)(3) organization, wants to make a positive impact in the lives of persons who are homeless. The gap in case management and supportive services for persons with disabilities who are homeless was identified as the space where the Cheniere Foundation would make a measurable contribution. The Cheniere Foundation is making the second year donation to the City and the agreement is between the City and CBCIL. The City will monitor CBCIL's progress toward the donation's intended outcomes and disburse funds to CBCIL. CBCIL will address persistent and chronic homelessness through the new Housing & Support for Homeless Individuals with Disabilities Program (HSHID). CBCIL will establish a housing `bridge model' for individuals with mental, behavioral, and other disabilities who are homeless or at risk of homelessness. CBCIL's HSHID will fill gaps between the streets, shelters, and unstable housing to short-term affordable rental housing, connected to services and supports, with eventual access to permanent affordable supportive housing. A housing continuum will be established in the public-private pilot, with stakeholders committed to a multi-pronged coordinated initiative. Year one Scope of Work with CBCIL called for CBCIL to hire and train one case manager and build program structure. This was completed in year one with one FTE added. CBCIL served 121 clients with these funds in year one, and secured housing for at least 8 individuals through outreach to relatives, etc. CBCIL also housed 12 clients in short term housing and 5 clients with 2 year-TBRA housing in year one. In year two, HSHID will be fully implemented, with outreach to 40 - 50 individuals, and a goal of assisting 18 second year and new individuals with rental assistance. Client eligibility recertifications in the second year will provide a total of two years of housing assistance per consumer/client, with the goal of accessing permanent affordable housing. CBCIL, as the federally established Center for Independent Living serving the Coastal Bend since 2002, operates programs that assist individuals with disabilities of all types to reach their goals for living independently in communities throughout the region. CBCIL is one of two tenant based rental assistance administrators in the region that provide what is considered a"bridge" for up to two years to permanent supportive housing, typically through HUD Section 8/CHOICE vouchers or other subsidized affordable rental units. ALTERNATIVES: The alternative is not to accept the donation. FISCAL IMPACT: The City will receive $100,000 from the Cheniere Foundation and disburse the funds to the Coastal Bend Center for Independent Living. Funding Detail Fund 1071 Community Enrichment Grants Organization: 89 Department: 17 Activity: 8 0 61 0 3 L Account: 530000 Professional Services RECOMMENDATION: Staff recommends accepting the donation and authorizing the agreement. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement Presentation Ordinance accepting a $100,000 donation from the Cheniere Foundation and amending the operating budget for FY2023- 2024 to increase expenditures for Homeless Services; and authorizing an agreement with the Coastal Bend Center for Independent Living to provide services to persons with disabilities who are homeless. Whereas, the Cheniere Foundation, a 501(c)(3) non-profit corporation made a $100,000 donation to the City of Corpus Christi to establish a program that addresses persistent and chronic homelessness in the region in partnership with the Coastal Bend Center for Independent Living; Whereas, the program will fill gaps and provide services for individuals with mental, behavioral and other disabilities who are homeless or at-risk of homelessness in Corpus Christi and the Coastal Bend area; Whereas, the City of Corpus Christi ("City"), the Cheniere Foundation ("Cheniere") and the Coastal Bend Center for Independent Living ("CBCIL") have agreed on a model for the Housing & Support for Homeless Individuals with Disabilities Program ("Program"); Whereas, Cheniere has donated $100,000 forthe Program and the City will enter into an Agreement with CBCIL whereby CBCIL will set up and operate the Housing & Support for Homeless Individuals with Disabilities Program (year 2) and the City will reimburse CBCIL for expenses incurred by the Program until the Chenier funding is exhausted or the term of the Agreement expires. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas that: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes. Section 2. Funds in the amount of $100,000 are appropriated from the Cheniere Foundation for costs related to the Housing & Support for Homeless Individuals with Disabilities Program. Section 3. The FY2023-24 Operating Budget adopted by Ordinance No. 033151 is amended to increase expenditures by $100,000 for Homeless Services. Section 4: The City Manager or his designee is authorized to execute all documents necessary for an agreement between the City of Corpus Christi and the Coastal Bend Center for Independent Living. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Coastal Bend Center for Independent living (CBCIL)- CHENIERE Donation YR 2 City Council October 17, 2023 /.. ax Funding • The CHEM ERE Foundation has proposed to grant funds for a second year for homeless services to the City • For YR2, the City will continue to be the pass through of these funds providing contractual oversight and monitoring of expenditures and providing technical assistance for allowable expenses • $100,000 to continue providing supportive services and housing stability to homeless individuals with disabilities so �o o� A H AGENDA MEMORANDUM First Reading Item for the City Council Meeting of October 17, 2023 WoRPORPg4 1852 Second Reading Item for the City Council Meeting of October 31, 2023 DATE: September 12, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department Robertd4(a)cctexas.com 361-826-3133 Lease Agreement with Instituto de Cultura Hispanica CAPTION: Ordinance approving a one-year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, in consideration of monthly rental payments of $400 a month. SUMMARY: The purpose of this item is to execute a lease agreement with Instituto de Cultura Hispanica (ICH) for the use of the Lichtenstein House, located at Heritage Park, to maintain their administrative offices. The lease will go into effect upon final City Council approval. BACKGROUND AND FINDINGS: The Instituto de Cultura Hispanica has leased the Lichtenstein House since 1998. They provide visitors with a better understanding of the diverse cultures represented in our community through programs such as art exhibits, folkloric displays, English and Spanish recitals, cultural celebrations, and fund-raising activities. The previous lease agreement was executed in 2018 with a term of five years and a monthly rental rate of $365.00. The new lease provides for a rental rate of $400.00 per month with a 5% increase each year the lease is renewed. The lease agreement stipulates that the City shall pay the cost of all water/sewer service provided by the City. The City will also be responsible for structural repairs such as roof, air conditioning/heat, plumbing and electrical. ICH shall be responsible for costs associated with telephone and electric service for the term of the lease; responsible for furnishing and equipping the premises. This lease agreement specifies hours of operation to be open to the public at a minimum of at least four hours per day, five days a week. ALTERNATIVES: Mayor and City Council can revise or disapprove the proposed lease agreement. FISCAL IMPACT: There will be $400 per month in revenue. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Department: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommend approval of the lease agreement, as presented. LIST OF SUPPORTING DOCUMENTS: Lease Agreement Ordinance Presentation Ordinance approving a one-year lease with the Instituto de Cultura Hispanica for Lichtenstein House at 1616 N. Chaparral Street, in consideration of monthly rental payments of $400 a month. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute a one-year lease agreement with the Instituto de Cultura Hispanica for the use of the Lichtenstein House located at 1616 N. Chaparral Street, in consideration of monthly rental payments of$400 a month, with a 5% increase each year the lease is renewed. A copy of the lease agreement is on file with the City Secretary. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary COMMERCIAL BUILDING LEASE AGREEMENT This lease agreement ("Lease") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation("City"), acting through its duly authorized City Manager or designee, and the Instituto de Cultura Hispanica de Corpus Christi, Inc, a Texas Nonprofit Corporation("Lessee"). 1. Premises. The City leases to Lessee the Lichtenstein House located at 1617 N. Chaparral, Corpus Christi Texas, together with all improvements thereon ("Premises"), located in Heritage Park and depicted as follows: Hughes St Hu9Ms� HtW�St NW�sS Hyhes 5t 2 Z •Cuter xspanca r n 3 2. Term. The term of the lease is 1 year, effective upon final City Council approval, unless sooner terminated as set out herein. At the end of the 1-year period, the lease may be renewed upon written agreement of the Parties. 3. Payment. Lessee agrees to pay$400.00 per month.Upon renewal,the monthly rental rate will increase 5% each year. All rental fees are due and payable on or before the 1St day of each month for the term of this Lease. Payment must be made to the order of the City of Corpus Christi and mailed to the Accounts Receivable Division, P.O. Box 9277, Corpus Christi, TX 78469 or delivered to City Hall at 1201 Leopard Street, Corpus Christi, TX 78401. Failure to submit payments by the 3rd day of each month will require the addition of a$50.00 late fee. 4. Purpose. (A) The purpose of this Lease is to enable Lessee to utilize Premises for office space for its business operations. Lessee may establish and maintain its administrative offices within the Premises and provide cultural programs for the membership and public. Lessee shall not use the Premises for any other purpose without the Director of Parks and Recreation's ("Director") prior written approval. (B) Lessee must be open to the public during Lessee's regular office hours for a minimum of at least 4 hours per day,5 days per week. Within 30 days of the final City Council approval, and by each February 1 st thereafter,Lessee must provide Director with written notification of Lessee's scheduled hours of operation through January 31 and provide Director of any planned special events at the Premises through January 31. By each February 1 st, Lessee agrees to provide Director with an annual written report detailing Lessee's activities during Page 1 of 11 5. Utilities. Lessee must pay cost of gas, electricity or other utilities furnished to or used by Lessee on the Premises. City shall bear the cost of water and sewage service by the City. Failure to pay utility bill(s) prior to the due date constitutes grounds for termination of this Lease. 6. Maintenance. Except as specified herein, Lessee will maintain, at its sole expense, the Premises and any Improvements on the Premises, including without limitation all fixtures connected therewith, and all personal property thereon. Lessee shall obtain, at its own expense, building pen-nits, utility services, garbage collection,janitorial services, pest control and similar services. City will maintain the grounds and landscaping and exterior of the Premises. City will also be responsible for structural repairs, such as roof, air conditioning and heat, major plumbing, and electrical. If no funds are budgeted, or if cost of maintenance exceeds funds budgeted, City is relieved of its maintenance obligations, and Lessee must maintain the Premises grounds, landscaping, building exterior and structural repairs. Lessee must maintain the interior of the building including minor plumbing and electrical repairs related to usage of the building and all personal property at the Premises. 7. Parking. No dedicated parking is provided with this Lease. 8. Furniture, Fixtures, and Equipment. It is understood that Lessee will be responsible for furnishing and equipping the Premises and that the City has no obligation to furnish any equipment or furnishings for Lessee. All capital improvements to the Premises,such as installation of plumbing fixtures, remains the property of the City. 9. City Use. (A) City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. (B) Lessee must post a sign outside the Premises stating the hours it is open for public tours. Lessee will provide information to visitors concerning the history and restoration of the property. The Premises is available to the City for regularly scheduled tours as determined by the Director. The Director may schedule special events and festivals on the Premises as well as in the surrounding areas. The Director will work with Lessee to not conflict with any of Lessee's programs. 10. Alterations. Lessee shall not make any alterations or construction to the Premises without the prior written approval of the Director. All alterations, improvements, and additions made by the Lessee to the Premises shall become the property of the City in fee simple without any other action or process of law. 11. Signs. Lessee shall not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering ("Signs") at, on, or about the Premises, or any part thereof, without the Director's prior written approval. City may require Lessee to remove, repaint or repair any Signs allowed. If Lessee does not remove, repaint or repair the Signs within 10 days of Director's written demand, City may do or cause the work to be done, and Lessee will pay City's costs within 30 days of receipt of Director's invoice. If payment is not timely made, the City may terminate this Lease upon 10 days written notice to Lessee. Page 2 of 11 Alternatively, City may elect to terminate this Lease after 10 days written notice to Lessee. 12. Inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and with advance notice, to determine whether Lessee is providing maintenance in accordance with and as required by above, or for any other purpose incidental to City's retained rights of and in the Premises. 13. Insurance. Lessee shall comply with the insurance requirements in Exhibit A. 14. Acceptance of Premises Disclaimer. Lessee acknowledges that it is leasing the premises "AS IS" with all faults 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 hereby waives any and all causes of action, claims, demands and/or damages based on any warranty, express or implied, including but not limited to any implied warranty of suitability for a particular purpose, any and all warranties of habitability, and any other implied warranties not expressly set forth in this Lease. 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 use the Premises and is relying on its own inspection. Lessee acknowledges that any and all structures and improvements existing on the Premises on the commencement date, if any, are accepted "AS IS" with any and all latent and patent defects and that there are no warranties, express or implied, by City with respect thereto. Lessee acknowledges that it is not relying upon any representation, statement or other assertion by City with respect to any existing structures or improvements but is relying on its own examination thereof. The provisions of this section shall survive the expiration or earlier termination of this Lease. 15. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee covenants to fully indemnify, defend, save and hold harmless the City, its officers, agents, representatives and employees (collectively "Indemnitees") from and against any and all liability, loss, damages, claims, demands, suits and causes of action of any nature whatsoever asserted against or recovered from Indemnitees on account of injury or damage to person including, without limitation, premises defects, 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: (1) Lessee's performance pursuant Page 3 of 11 to this Lease; (2) Lessee's use of the Premises and any and all activities associated therewith pursuant to this Lease; (3) the violation by Lessee, its officers, employees, agents or representatives of any law, rule, regulation, ordinance or government order of any kind pertaining, directly or indirectly, to this Lease; (4)the exercise of rights under this Lease; or(5)an act or omission on the part of Lessee, its officers, employees, agents, or representatives pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act or omission is caused or is claimed to be caused by the sole, contributing or concurrent negligence of Indemnitees, 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. Lessee covenants and agrees that if Indemnitees,or any of them, is made a party to any litigation against Lessee or in any litigation commenced by any party other than Lessee relating to this Lease,Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend Indemnitees in all actions based thereon with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from any said liability, injury, damage, loss, demand, claim or action. 16. Relationship of Parties. This Lease establishes a landlord/tenant relationship, and none other, and this Lease must be construed conclusively in favor of that relationship. In performing this Lease,both City and Lessee will act in an individual capacity and not as agents,representatives, employees, employers, partners,joint venturers, or associates of one another. The employees or agents of either party shall not be, nor be construed to be, the employees or agents of the other party for any purpose whatsoever. 17. Sublease and Assignment. Lessee understands and agrees that Lessee shall not assign or sublease the Premises or any part thereof without obtaining the prior written consent of the City. Any attempted assignment without the prior written consent of the City renders this Lease null and void. 18. Default. (A) Default of Lessee. If Lessee fails to pay the rent due hereunder, pay utilities, perform required maintenance or fails to keep, perform or observe any other provision, term, covenant, obligation and/or condition of this Lease, City may, after 15 days written notice to Lessee, declare this Lease terminated and reenter the Premises and remove all persons without legal process and without prejudice to any of its other legal rights. Lessee expressly waives(1)all claims for damages by reason of such reentry and(2)all claims for damages due to any distress warrants or proceedings of sequestration to recover the rent or Page 4 of 11 possession of the Premises from Lessee. The City may not declare this Lease terminated if, within 15 days after notice of any default, Lessee fully cures such default. The City's failure to issue this notice is not a waiver of its right to issue such notice. (B) Default of City. If City defaults in the performance of any covenant or agreement contained herein, which continues for 30 days after Lessee's written notice to the City as set out below,then Lessee may declare this Lease terminated and may vacate said Premises and owe no further rent and have no further obligations under this Lease. This shall be Lessee's sole remedy upon City's default. 19. Notice. All notices,demands,requests or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii)by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; or (iii) placement of notice to Lessee on the front door of the Premises. Notice by (i) and (iii) will be deemed effective upon delivery or placement and (ii) will be deemed effective 2 business days after deposit with the United States Postal service.All these communications must only be made to the following: City of Corpus Christi With copy to: Attn: Director of Parks and Recreation City of Corpus Christi PO Box 9277 Attn: City Attorney Corpus Christi, Texas 78469 1201 Leopard Street, 5th Floor Corpus Christi, Texas 78401 Notice to the Lessee shall be sent to: Either party may change the address to which notice is sent by using a method set out above. Lessee shall notify the City of an address change within 10 days after the address is changed. 20. Modifications. No changes or modifications to this Lease may be made, nor any provisions waived, unless the change, modification or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. 21. Surrender. Lessee acknowledges and understands that the lease of the Premises to Lessee is expressly conditioned on the understanding that the Premises must be surrendered upon the expiration,termination or cancellation of this Lease in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Any reasonable costs incurred for repairs or corrections for which Lessee is responsible under this Lease are payable by Lessee to City as additional rental on the next rental payment date Page 5 of 11 or within 30 days written demand. 22. Interpretation. This Lease will be interpreted according to the Texas laws that govern the interpretation of contracts. Sole venue lies in Nueces County, Texas where this Lease was entered into and will be performed. 23. Compliance with State and Federal Laws. The following provisions are in this contract for compliance with state and federal law, and the City does not opine on their validity or enforceability. Lessee shall bear the entire sole burden for complying with any of these clauses. Prior to the enforcement of any of the following clauses,the City will give at least 30 days notice of alleged violation thereof and an opportunity for the Lessee to be heard concerning the alleged violation, effect thereof on the City, and proposed remedial measures: • Lessee warrants that it is and will continue to be an equal opportunity employer and hereby covenants that no employee or customer will be discriminated against because of race,religion, sex, age, disability, creed, color, or national origin. • Lessee shall provide all services and activities required to comply with the Civil Rights Act of 1964, as amended,the Rehabilitation Act of 1973, Public Law 93-1122, Section 504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-336 [5.933]. • Lessee agrees to comply with Tex. Gov't Code § 2252.908 and submit Form 1295 to the City with the signed agreement. The Parties agree that the City is not responsible for the information contained in Form 1295. • In accordance with Tex. Gov't Code §2252.909, Lessee must include in each contract for the construction, alteration or repair of an improvement to this leased property a condition that the contractor execute a payment bond that conforms to Subchapter 1, Chapter 53,Property Code and a performance bond equal to the amount of the contract and conditioned on the faithful performance of the contractor's work in accordance with the plans, specifications and contract documents. Lessee must provide the City with a notice of commencement at least 90 days prior to start of construction,alteration or repair that complies with Texas Gov't Code § 2252.909. 24. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions hereof. 25. Casualty. If the Premises become damaged due to weather event, fire,or other natural or man-made disaster, such that the Premises are not deemed safe for occupation by the City Building Official, and repairs are not completed within 30 days of the event of disaster, then either party may terminate this lease upon 30 days written notice to the other party. without penalty. 26. Removal of Property upon Termination. It is Lessee's responsibility to remove its personal property from the Premises prior to termination or expiration of the Lease. Lessee agrees that any of personal property remaining on the Premises after the tennination or expiration of the Lease automatically becomes City property without any notice. action, or process of law for disposition by the City as City deems appropriate in City Manager's sole discretion,with no compensation to Lessee. Lessee shall be invoiced for City's costs to remove property from the Premises after termination or expiration of the Lease,and Lessee shall pay said invoice within 30 days of receipt. Page 6 of 11 27. Waiver of Attorneys' Fees and Jury Trial. (A) In case of litigation between the parties, Lessee and City agree that neither party shall be responsible for payment of attorney's fees pursuant to any law or other provision for payment of attorneys' fees. Both Parties expressly waive any claim to attorneys' fees should litigation result from any dispute between the parties to this Agreement. (B) In case of litigation between the parties, Lessee and City agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Agreement,to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. 28. Entirety Clause. This Lease and the incorporated and attached exhibits constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, verbal or otherwise, with reference to the subject matter hereof,unless contained in this Lease are expressly revoked,as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms,conditions,promises,and covenants relating to Lessee's operations and the Premises to be used in the operations. 29. Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provisions, phrase, or word of this Lease or the application hereof to any person or circumstance is,to any extent,held illegal, invalid, or unenforceable under present or future law or by a final Judgment of a court of competent Jurisdiction,then the remainder of this Lease or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby for it is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Lease,the remainder of this Lease is not affected. (C) If any clause or provision is held illegal, invalid, or unenforceable, a clause or provision that is similar in terms to that clause or provision will be substituted for the clause or provision by the Court that found such clause or provision to be illegal, invalid, or unenforceable. 30. Governmental Immunity. This Agreement is to perform a governmental function solely for the public benefit. 31. Termination. This Lease may be terminated by the City upon 90 days written notice to Lessee. 32. Acknowledgement. The parties expressly agree that they have each independently read Page 7 of 11 and understood this Lease. By Lessee's execution of this Lease, Lessee acknowledges and understands that this Lease is not binding on the City until properly authorized by City Council and executed by the City Manager or designee. Signatures on Next Page Page 8 of 11 CITY OF CORPUS CHRISTI ATTEST: Robert Dodd Rebecca Huerta Director of Parks and Recreation City Secretary APPROVED AS TO FORM: , � "7 2023 Adelita Cavada, Assistant City Attorney For the City Attorney LESSEE INSTITUTO DE CULTURA HISPANICA DE CORPUS CHRISTI, INC. By: Name: Title: Page 9 of 11 EXHIBIT A INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (Col) 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 by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with Col. Leased premise must be listed in Description Box of Col. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability Including: $1 ,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises— Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury-Advertising Injury LIQUOR LIABILITY $1,000,000 Per Occurrence When liquor is being sold or served. PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be (if applicable) responsible for insuring all owned, leased or rented ersonal property. C. The Risk Manager retains the right to annually review the amount and types of insurance and to amend coverage. In the event of any necessary increase, Lessee shall receive 90 days written notice prior to the effective date. D. 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. 11. ADDITIONAL REQUIREMENTS A. Lessee shall obtain and maintain in full force and effect for the duration of this Contract,and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than Page 10 of 11 A- VII. B. 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 C. 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; • Provide 30 calendar days advance written notice directly to City of any suspension, cancellation, non- renewal or material change in coverage, and not less than 10 calendar days advance written notice for nonpayment of premium. D. Within 5 calendar days of a suspension, cancellation, or non-renewal of coverage, Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. 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. F. 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. G. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 111. ALTERATION OR CONSTRUCTION In the event of any addition, alteration or construction to, in, on or about the Premises, Lessee shall obtain prior approval, in writing, from the Risk Manager that the proposed addition, alteration or construction will not necessitate a change or modification in the existing insurance coverage. Page 11 of 11 CORPUS CHRISTI PARKS& RECREATION Lease Agreement with Instituto Cultura de Hispanica for the Lichtenstein House at Heritage Park City Council Meeting October 17, 2023 Background CORPUS CHRISTI PARKS6. • Instituto de Cultura Hispanica (ICH) has leased the Lichtenstein House since 1998. • ICH provide visitors with a better understanding of diverse cultures through programs such as English/Spanish recitals, art exhibits, folkloric displays, cultural celebrations & fund-raising activities. • The previous lease agreement was executed in 2018 with a term of five years & a monthly rental rate of$365.00. • The new lease provides for a term of one-year in consideration of monthly rental payments of $400.00/month with a 5% increase each year the lease is renewed. opus cy Lichtenstein • ' • % _ � I Y � X ss ,011616 North Chaparral Street 0 C)F:I F.U E3_ • q �_ w n $ ,a Lease Agreement i coaPus CHRISTI PARKS RECREATION • City shall pay the cost of all water/sewer service by the City; be responsible for structural repairs such as roof, air conditioning/heat, plumbing & electrical. • ICH shall be responsible for telephone & electric service costs; be responsible for furnishing & equipping the premises. • The lease agreement specifies hours of operation to be open to the public at a minimum of at least four hours per day, five days a week. Recommendation COFIRUEB CHRISTI PARK56 iiECREATION • Staff recommends approval of the lease agreement with Instituto Cultura de Hispanica for the Lichtenstein House. 5 SC G� O1k F AGENDA MEMORANDUM NggpqRpY�' Public Hearing and First Reading for the City Council Meeting of October 17, 2023 xss2 Second Reading for the City Council Meeting of October 31, 2023 DATE: October 17, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond(a)cctexas.com (361) 826-3275 Rezoning for a property at or near 914 South Port Avenue CAPTION: Zoning Case No. 0723-06, Costa Blue 914 S. Port Series (District 1). Ordinance rezoning property at or near 914 South Port Avenue from the "IL" Light Industrial District to the "IL/SP" Light Industrial 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 a commercial daycare and adaptive reuse of a former place of worship. BACKGROUND AND FINDINGS: The zoning report states the subject property is 0.14 acres in size and is not platted. The previous use was as a place of worship. The current lessee of the subject property, Ds Childcare, is licensed through the state for current home daycare and has leased the subject property to expand her existing childcare services. To the north, south, and west, properties are zoned "IL" Light Industrial District. To the east, properties are zoned "RS-6" Single-Family 6 District. Existing land use to the north is vacant, to the south and west is commercial, and to the east is low-density residential. The "IL" Light Industrial District is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distributing. Among other uses, the "IL" District 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's designation of mixed-use, but it is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan and the Area Development Plan (Westside). Public Input Process Number of Notices Mailed: 19 within the 200-foot notification area, 4 outside notification area. As of September 15, 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 0% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial with a Special Permit on August 23, 2023. Vote Results For: 7 Against: 0 Vacancy-1 ALTERNATIVES: Denial of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit, on October 17, 2023. 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. 0723-06, Costa Blue 914 S. Port Series (District 1). Ordinance rezoning property at or near 914 South Port Avenue from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend 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 the north half of Lot 5, Block 2, Montrose Park,as described/shown in Exhibit "A": the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit. The subject property is located at or near 914 South Port Avenue. 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 . Use: The only use allowed other than uses allowed in the base zoning district is a commercial daycare center. 2. Location of Outdoor Play or Instruction Area: May be allowed in the front of the property but not in the required street yard as per the site plan. 3. Off-Street Parking and Loading: A signed shared parking agreement must be submitted with the building permit application to include 4 employee parking spaces and a drive-thru loading area with 5 vehicle stacking spaces as per the site plan. 4. Occupancy: Shall be limited to 4 employees and no more than 38 children. 5. Screening: The outdoor play area shall be screened according to Texas Child Care Licensing requirements. 6. State Licensing: The applicant shall maintain Texas Child Care Licensing. 7. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 7:00 PM. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 9. 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 5 Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 5 EXHIBIT A: MAP z RS-6 RS-6 N W a Cr n SUBJECT IL PROPERTY RM-3 CASE: 0723-06 " SUBJECT PROPERTY WITH ZONING Subject C 6f�11r5 1 (:Iti Isri Property A-1 Apartment House Distnd I-1 Limited Industrial Disnid ` A-1A Apanment House Dislnd !-2 Light IlDistrict -- t A-2 Apanini House Dislnd !-3 Heavy Industrial District AB Pra—rional OFice District PUD Planned Drill Development AT Apanmemt-Tounsl Distad R-1A One Family Dwelling Distad SUBJECTS B-1 Neighhurhood Bneinees Dismet R-te One Family Dwelling District PROPERTY B-1A N all hhorhrod Business District R-1C One Family Dwelling Distnd = B-2 Bayfront Business District R-2 Multiple Dwelling Distad - B 2 Barrier Island Business Distad RA One Family Dwelling Distad B-3 Business Disaid RE Residemlial Estate District J B-0General Business District R-TH Townhouse Dwelling Distnct B-5 Primary Business Dislnd SP Special Permit BF Pnmary Business Core District T-1A Travel Trailer Park District y BDCorpus ChristiB—hDcsignDiel T-1B ManurduredTmroePark Distnd Cilyof Est i,,, F-RFarm Rural Dislnd T-1C Manufactured Home Subdivision C01-PILLS ` LQCaT�ON AQP HC Hismn-l-Cultural Landmark Dislnd Christi - Preservation Page 4 of 5 EXHIBIT B: SITE PLAN SD \ Lu U) w w w o 0 o U uj a O w w it J CL \ a C� DRIVE THRU C> V Cn ✓✓ LOADING AREA N v_ 0 O� RAW— imisaMor- 5L w oaexnrera ;2n"y m o" SITE ------------------ EXISTING c PARKING DRIV— o Pl—GROUND EXISTING SITE/PARKING S-2� ZONING REPORT Case # 0723-06 Applicant & Subject Property City Council District: 1 Owner: Costa Blue 914 S. Port Series Applicant: Joe Ortiz Address: 914 South Port Avenue, located along the east side of South Port Avenue, north of Buford Street, south of Ruth Street, west of 25th Street, and east of Hibiscus Street. Legal Description: North half of Lot 5, Block 2, Montrose Park Acreage of Subject Property: 0.14 acres Pre-Submission Meeting: May 19, 2023 Zoning Request From: "IL" Light Industrial District To: "IL/SP" Light Industrial District with a Special Permit Purpose of Request: To allow for commercial daycare, adaptive reuse of a former place of worship. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Vacant North "IL" Light Industrial Commercial South Mixed Use East "RS-6" Single-Family 6 Low-Density Residential West "IL" Light Industrial Commercial Plat Status: Not currently platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing South Port Street Avenue 4 Lanes, 4 Lanes, "A1" Minor Arterial Center Turn Lane On-Street Parking Lanes 95 Feet 100 Feet ROW Ruth Street "Cl" Collector 2 Lanes, 2 Lanes, 60 Feet 60 Feet Transit: The Corpus Christi RTA provides service directly to the subject property via Route 12 Hillcrest/Baldwin and Route 23 Molina. Bicycle Mobility Plan: The subject property is approximately 600 feet away from a proposed Bike Boulevard on Buford Avenue. Utilities Gas: A 2" WS line along the east side of South Port Avenue. Stormwater: A 27" RCP along the west side of South Port Avenue. Wastewater: An 8" VCP service line along the east side of South Port Avenue. Water: A 2" SP line along the east side of South Port Avenue) 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 Area Development Plan (Updated in January of 2023). 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 • 4 outside 200-foot notification area In Opposition • 0 inside the notification area • 0 inside the notification area • 0% in opposition within the 200-foot notification area (0 individual property owners) Public Hearing Schedule Planning Commission Hearing Date: August 23, 2023 City Council 1St Reading/Public Hearing Date: October 17, 2023 City Council 2nd Reading Date: October 24, 2023 Background: The subject property is 0.14 acres in size and is not platted. The previous use was as a place of worship. The current lessee of the subject property, Ds Childcare, is licensed through the state for current home daycare and has leased the subject property to expand her existing childcare services. The catalyst for the rezoning case is a submitted building permit. Ds Childcare has received a Child Care Provider Expansion Grant from the Texas Workforce Commission to help offset operational costs associated with the preparation to expand her home-based child business to an offsite location. Requirements for the grant included the following: • A clear business plan and timeline for growth. • Secure demand in the market in which they intend to serve. • A clear staffing plan to support growth. • A comprehensive financial plan to support sustainability. Zoning Report Page 3 • Demonstrate how they intend to provide increased value to their surrounding community and the Texas childcare industry through their expansion. The subject property was chosen by the applicant with assistance from the Workforce Commission, based on the mapping of childcare deserts - determined by census bureau data. Childcare deserts are areas with at least 30 children under the age of 5 and either no or few childcare providers — with as many as 3 times as many children under five as there are childcare spots available. Additionally, Ds Childcare has provided staff Childcare Surveys with completed parent surveys detailing knowledge of and support for the relocation of childcare services to the subject property. Ds Childcare also has a waitlist for childcare services which demonstrates demand. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Resilience and Resource Efficiency ■ Encourage the preservation and adaptive reuse of existing structures to reduce construction waste and conserve energy and materials. o Economic Development ■ Promote a community culture that recognizes and embraces innovation and entrepreneurship. ■ Support essential services, such as childcare that enable workers to seek and maintain employment. o Future Land Use, Zoning, and Urban Design ■ Promote the stabilization, revitalization, and redevelopment of older neighborhoods. ■ Encourage orderly growth of new residential, commercial, and industrial 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. ■ Promote interconnected neighborhoods with appropriate transitions between lower-intensity and higher-intensity land uses. ■ Encourage compact as opposed to linear form commercial centers to provide for a grouping of activities. • Such grouping of activities generally permits more effective traffic management, i.e., left-turn conflicts can be minimized, entryways/exits can be designed to serve several businesses, and right turns onto major streets can be encouraged. • Area Development Plan (Westside) and FLUM (Future Land Use Map): The proposed rezoning is consistent with the following: o Foster an environment for economic development that attracts new businesses, increases employment, and revitalizes or enhances existing commercial and industrial uses. o Use zoning to create buffers between existing and future residentially designated areas from industrial areas. o The Westside ADP defines mixed-use centers to include residential, retail, hotel, and office use. Mixed-use centers are pedestrian-friendly with buildings oriented to the street. Churches, schools, and public uses are included in mixed-use areas. The proposed rezoning is inconsistent with the FLUM's designation of mixed use. Staff Analysis: 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: • Staff has determined the rezoning request: o Is consistent with broader elements of the Comprehensive Plan o Is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o The subject property is suitable for the land use proposed. • The proposed rezoning supports economic development and entrepreneurship as detailed in PlanCC, as well as supports essential needs such as childcare. • The location is ideally sited as the area is identified as a childcare desert. • The Future Land Use map calls for a mixed-use area, which can include residential retail and office uses. The entire east block of South Port Avenue from Buford Avenue to Ruth Street is light industrially zoned with a Future Land Use designation of mixed- use. Staff seeks to maintain the continuity in the zoning district which allows commercial to light industrial uses considering the corridor's transitioning uses. • A Special Permit can provide the limited use of the requested commercial daycare without amending the underlying zoning district — such that if the community daycare use is discontinued, the base zoning would remain. • A shared parking agreement has been submitted to staff as a part of this rezoning application. This agreement will need to be filed with Nueces County and will be used during the building permit review process. • The shared parking agreement will also address the required drive-through loading area as required by the Unified Development Code (§5.2.4.3) by allowing ingress from South Port Avenue and egress onto Ruth Street. 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 (August 23, 2023): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to the following conditions: 1 . Use: The only use allowed other than uses allowed in the base zoning district is a commercial day care center. Zoning Report Page 5 2. Location of Outdoor Play or Instruction Area: May be allowed in the front of the property but not in the required street yard as per the site plan. 3. Off-Street Parking and Loading: A signed shared parking agreement must be submitted with the building permit application to include 4 employee parking spaces and a drive- thru loading area with 5 vehicle stacking spaces as per the site plan 4. Occupancy: Shall be limited to 4 employees and no more than 38 children. 5. Screening: Outdoor play area shall be screened according to Texas Child Care Licensing requirements. 6. State Licensing: The applicant shall maintain Texas Child Care Licensing. 7. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 7:00 PM. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 9. 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. Attachment: A. Existing Zoning and Notice Area Map B. Site Map ATTACHMENT A: EXISTING ZONING AND NOTICE AREA 5 15 16 RS- 6 6 Ln RS - 6 N 17 a 14 8 a 0 a 7 SUBJ,EC�T L 1 R, R,TY 9 18 4 10 11 3 12 RM-3 19 13 2 CASE: 0723-06 a` N r wr. Zoning and notice Area RM-1 Multifamily 1 IL Light Intlustrial _ RM-2 Multnarnily 2 IH Heavy lntlusinal RM'3 Multifamily3 PUD Planned Unit Dev.Overlay p ON Professional Office RS-10 Single-Family 10 _ C,11r 4sff RM-AT Multifamily AT RS-6 Single-Family 6 - CN-1 Neighborhood Commercial RS-4.5 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse Bo, CG.2 General Commercial gp Special Permit Cl Intensive Commercial SUBJECT\ Ry Recreational Vehicle Park CBD Downtown Commercial — PROPERTY RMH Manufactured Home CR-3 Resort Commercial a FR Farm Rural H Historic Overlay BP Business park �IYr S 2 Progeny Q Owners w,tdh 2lNY ltd r favor 4 01 n wlrhln2worredan owners City of _ Esti,HERE _ aaacnednwne,shlprdbe Xlnnppait,on Cus t LOC orpATION MAP Christi I+ ¢ "S ATTACHMENT B: SITE PLAN RUTH ST r - N Lu U Lu Q I NNER O vi U rn U) o w w w �;eepa�sm€�r b EXISTING PARKING SITE ouvewev 9� aevwmxo EXISTING SITE/PARKING S-1 Zoning Case 0723-06 sT p� y Costa Blue 914 S. Port Series DISTRICT 1 w Rezoning for a property at 914 South Port Avenue From "IL" to "IL/SP" SUAkT • PROPERTY cmpen PROPERTY Corpus iLOCATION MAP A k$` City Council October 17, 2023 Zoning and Land Use s, �P Note:The RS-6/SP(1998) Proposed Use: is for additional parking related to the restaurant To allow for a commercial daycare, adaptive use at the southeast corner of Ruth Street and South reuse of a former place of worship. Port Avenue. Area Development Plan: RS61S1Westside (January 2023) 98 R 03-16-98 S-6 Future Land Use Map: v Mixed Use SUBJECT PROPERTY Existing Zoning: "IL" Light Industrial ►L Adjacent Land Uses: • North, South: Commercial uses, Zoned "IL" • East: Low-Density Residential uses, Zoned RM-3 N "RS-6" 1 • West: Commercial uses, Zoned "IL" Background Current Lessee Ds Childcare—currently operating as a State Licensed, home daycare. Proposed Expansion SII '�'`°"�►�,y��''' �;. "' � Nagy �C�ff ►1 y Ds Childcare has received a Childcare Provider I Expansion grant to offset operational costs " p associated with expanding the home daycare °a and relocating to the subject property. �1F ® Child Care Desert: With assistance from the Workforce rJ� � Commission, the lessee determined local Off'6� I childcare deserts—defined as an area with at o40 Corpus r least 30 children under the age of 6 and either Co r p u(J, V h r i S no childcare provider at all or so few that there are more than 3 times as many children under 5 Q11�0oTwemorlaL NIC�l�N�@ as they are childcare spots available — Denotes home with at H o s p determined using census data least 1 child under the age of 5 mapped using Census Data Land Use Current Future s — �I Mixed zI I r Use SUBJECT %"SUBJECT PROPERTY 'PROPERTY we vac Future Land Use—East side of Current Land Use—Primarily South Port Avenue is Mixed Use a Commercial Corridor - while the west side is Commercial Public Notification 19 Notices mailed inside the 200' buffer 4 Notices mailed outside the 200' buffer 5 15 Notification Area 16 G � RS-6 6 RS•6 17 F 19 Opposed: 0 (0.00%) s Separate Opposed Owners. 0 SUBJECT I 1 PROPER.1'Y 9 In Favor: 0 (0.00%) 18 lU 11 3 12 "Notified property owner's land in SQF/Total square RM footage of all property in the notification area = 2 13 Percentage of public opposition. Staff Analysis And Recommendation • The proposed rezoning, while inconsistent with the Future Land Use Map, is consistent with PlanCC and the Westside Area Development Plan by supporting: • Economic Development • Entrepreneurship • Essential needs such as daycare • The subject property is ideally sited as the area is identified as a Childcare Desert. • The entire east block of South Port Avenue from Buford Avenue to Ruth Street is light industrially zoned with a Future Land Use proposing Mixed Use. Staff seeks to main the continuity in the zoning district which allows commercial to light industrial uses. • The requested special permit can provide the limited use of a commercial daycare and address parking issues, including the required drive-through loading area. PLANNING COMMISSION & STAFF RECOMMENDATION (August 23, 2023): Approval of the change of zoning from the "IL" Light Industrial District to the "IL/SP" Light Industrial District with a Special Permit subject to conditions. Special Permit Conditions 1. Use: The only use allowed other than uses allowed in the base zoning district is a commercial daycare. 2. Off-Street Parking and Loading: A signed shared parking agreement must be submitted with the building permit application to include 4 employee parking spaces and a drive-thru loading area with 5 vehicle stacking spaces. 3. Occupancy: Shall be limited to 4 employees and no more than 38 children. 4. Screening: Outdoor play area shall be screened according to Texas Child Care Licensing requirements. 5. Location of Outdoor Play or Instruction Area: May be allowed in the front of the property but not in the required street yard. 6. State Licensing: The applicant shall maintain Texas Child Care Licensing. 7. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 7:00 PM. 8. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 9. 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. u W W W ~ O O g Site Plan \? W W W C/ LOADING AREA 8 STACKING • Four designated Employee Parking W Spaces. $ $ $ • Drive Thru Loading Area & Stacking: Ingress on Port Avenue and Egress on Ruth Street. „ • Covered walkway from parking area to j daycare building. $ • Bollards in front of Play Area. ------------------ oR,vE w. �``• auv aaen Yt§ ryry 4 � 01 \ wAYa Wows iX sµ w. I^ V 1 SV'BJE,C,T PR.OPER,TY ` 01,41w" o hT�i 74 I i a ��y�ll lig ukS ��, N Z p; ' 1� � M fl k CASE: 0723-06 N = WE Aerial View s Carpus ® Subject c;iv i 1i Property SUBJEC PROPERTY, U City of Esr HERE ps LOCATION Christi MAP SC G� 0 � U AGENDA MEMORANDUM NggPqRPY ED Public Hearing and First Reading for the City Council Meeting of October 17, 2023 1852 Second Reading for the City Council Meeting of October 31, 2023 DATE: October 17, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond(a-)cctexas.com (361) 826-3275 Rezoning for a property at or near 1314 3rd Street CAPTION: Zoning Case No. 0823-03, Corpus Christus Spohn Health System Corp. (District 1). Ordinance rezoning a property at or near 1314 3rd Street from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) SUMMARY: This item is to allow for the relocation of the Corpus Christi Spohn Health Hospital's existing helipad and additional parking provision for visitors and staff members. BACKGROUND AND FINDINGS: The subject property, a parcel from the Christus Spohn hospital campus between Morgan Avenue and Booty Street, and Ocean Drive and Santa Fe Street, is located along the south side of Morgan Avenue and east of 3rd Street. It is approximately 0.75 acre in size and is being proposed as the new site for the hospital's existing helipad on Ocean Drive and Morgan Avenue where additional parking for staff members and visitors will also be provided. The subject property is a portion of the former site of the extended care facility; which, will allow the pad to be closer to the emergency room's entrance. The subject parcel is zoned "RM-1/SP" Multi-Family with a Special Permit and is vacant. The property to the east and south is zoned "CG-2/SP" General Commercial with a Special Permit with a Public/Semi-Public use. To the north of the site and Morgan Avenue, the property is zoned "ON" Neighborhood Office with medium-density residential use. To the west of the site, the properties are zoned "CG-2" General Commercial with commercial and Public/Semi-Public uses. The "CG-2" General Commercial District permits restaurants, apartments, townhouses, overnight accommodation uses, educational facilities, medical facilities, commercial parking, offices, retail sales and services, vehicle sales and services, and water-oriented uses. The proposed rezoning is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan (Plan CC) and the Future Land Use Map. Public Input Process Number of Notices Mailed: 11 notices were mailed to property owners within the 200- foot notification area and 5 outside the notification area. As of October 13, 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 0% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the change of zoning from the "RM-1/SP" Multi-Family District with A Special Permit Overlay to the "CG-2" General Commercial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial District. Vote Results.- For- esults:For: 7 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0823-03, Christus Spohn (District 1). Ordinance rezoning a property at or near 1314 3rd Street from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General 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 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 0.75 acre out of Lot 2, Block IIA, Ocean View, as shown in Exhibit A from: the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial District. The subject property is located at or near 1314 3rd 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. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 EXHIBIT SUBJECT PROPERTY MAP CN-1 2 4 ON CR-1 MORGAN AVE ►� SUBJECT C R-1 PROPERTY CG 2 0 CG-2 CASE: 0823-03 N SUBJECT PROPERTY WITH ZONING wE corpus Gfiristi Subject Property A-1 Apartment House Eli itt I-0 Limited Ind—i,l Dist,,[ _ A-1A Apzrcment House l7is[ha I-2 Light lndumizl District = A2 Apl tH Dsta 1,3 H yl d—.1 Di.,[ `. AB Profess' IOff DiA,it PUD PI du'[D p t - AT ApzrcmetT ' D,t t R-1A 0 F lylD- gDT['c - $t/B./ � Bi Neghbnh da Dil- R-it o F IVDmu D m� — PROPERTY aiA Ne-ghdomood Brines,Distdct R-ic one Fzmy Dmlfngoshicr B2 BzyfrontB - sDi�tdet R-2 M I[pl DwelligBstict B 2 Barr er ltlt,dB mess Di— RA O F roily Dwell gBittmt B 3 Bushes D s[ t RE R d tial Est[ Di-,t B4 Generzl Basness Dista R-TH Townhouse Dwelling District _ 4 e-5 Pdmaryeasiness Di4dtr SP special Permit ae Pdmary easm�s care Diso;e< T-IA Tinel Tmoer Pad:Di-,t BD cemaschdsaB—hDesgnDist T-ie Menaa wredHnmePa Di ti Cit of FR Fa-R-1Dis<det T-ic MznuaWredHnmesand,,— Coipus Esri,HERELOCATI& MAP He HiwdaFaimal�endmz Di da Christi P�e�ean Page 3 of 3 ZONING REPORT Case 0823-03 Applicant & Subject Property District: 1 Owner: Christus Spohn Health System Corp. Applicant: Christus Spohn Health System Corp. Address: 1314 3rd Street, located along the south side of Morgan Avenue, and west of 3rd Street. Legal Description: Lot 2, Block IIA, Ocean View Acreage of Subject Property: 0.75 acre. Refer to the attached Existing Zoning Map. Pre-Submission Meeting: May 12, 2023 Zoning Request From: "RM-1/SP" Multi-Family District with a Special Permit. To: "CG-2" General Commercial District. Purpose of Request: To allow for the relocation of an existing helipad and additional parking for the hospital's visitors and staff members. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-1/SP" Multi-Family with Vacant Institutional a Special Permit North "ON" Neighborhood Office Medium-Density Medium-Density Residential Residential "CG-2/SP" General South Commercial with a Special Public/Semi-Public Use Permit (Christus Spohn Hospital Commercial "CG-2/SP" General Campus) East Commercial with a Special Permit Public/Semi-Public, West "CG-2" General Commercial Vacant Institutional (Christus Spohn Hospital Campus) Plat Status: The subject property is currently platted. A replat will be required; the helipad and parking are accessory uses to medical facilities. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Morgan Designation-Urban Section Proposed Section Existing Avenue Street "Al" Minor Arterial Und. 2 Lanes, 95' 4 Lanes, 60' Transit: The Corpus Christi RTA provides service to the subject property via bus route 6 Santa Fe/Malls and 19 Ayers along the western boundary of the subject property on 3rd Street and via 23 Molina near Morgan Avenue and Santa Fe Street. Bicycle Mobility Plan: The subject property is approximately 750 feet away from a proposed multi-use side path along Ocean Drive. Utilities Gas: A 4-inch active WS line exists along 2nd Street and across Morgan avenue to the northern boundary of the subject property. Stormwater: A 12-inch active RCP line exists along 3rd Street and a 72-inch active RCP along Morgan Avenue. Wastewater: A 6-inch active VCP line exists along 3rd Street and along Morgan Avenue. Water: A 16-inch active PVC line along the west side of 3rd Street and a 12-inch active PVC line exists along the north side of Morgan Avenue. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted on July 11, 1995). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 11 within a 200-foot notification area 5 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0 % in opposition within the 200-foot notification area ( Zero individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 23, 2023 City Council 1St Reading/Public Hearing Date: October 17, 2023 City Council 2nd Reading Date: October 24, 2023 Background: The subject property, a parcel from the Christus Spohn hospital campus between Morgan Avenue and Booty street, and Ocean Drive and Santa Fe Street, is located along the south side of Morgan Avenue and east of 3rd Street. It is approximately 0.75 acre in size and is being proposed as the new site for the hospital's existing helipad on Ocean Drive and Morgan Avenue where additional parking for staff members and visitors will also be provided. The subject property is a portion of the former site of the extended care facility; which, will allow the pad to be closer to the emergency room's entrance. Zoning Report Page 3 The subject parcel is zoned "RM-1/SP" Multi-Family with a Special Permit and is vacant. The property to the east and south is zoned "CG-2/SP" General Commercial with a Special Permit with a Public/Semi-Public use. To the north of the site and Morgan Avenue, the property is zoned "ON" Neighborhood Office with medium-density residential use. To the west of the site, the properties are zoned "CG-2" General Commercial with commercial and Public/Semi-Public uses. Comprehensive Plan (Plan CC) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • 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. ■ Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Corpus Christi has well-designed neighborhoods and built environments. o Encourage design standards that result in high quality-built environments. Southeast ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Future Land Use Map's designation of Institutional Use and the ADP. Staff Analysis: 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. • The proposed rezoning is consistent with broader elements of Plan CC and the FLUM. • Hospitals are permitted within all neighborhood, general, and intensive commercial districts. The surrounding properties have been exposed to the hospital's helicopter operations since 2002. • The UDC (Unified Development Code) allows a helipad as an accessory to medical facility uses; and the applicant's request to relocate the existing pad from Morgan Avenue and Ocean Drive to Morgan Avenue and 3rd Street, closer to the emergency room, has been deemed an appropriate request. • The surrounding area, initially subdivided for residential uses, now consists mostly of professional offices along roads with classification of collector street or above and patches of 2-story multi-family buildings to the north and west of the host-parcel. • In reviewing the applicant's request for the relocation of the pad to a denser area of the block, staff considered the adverse impacts the applicant's request may have on the surrounding properties, including: o The operational characteristic of the requested use such as use frequency of the helipad and time of use, the size of the helicopter the pad will serve (during disaster relief, large military aircraft may need access), obstructions, and noise and dust nuisances with the proximity of the site to residential uses and mid-rise office buildings. o The flight characteristic of the helicopter with regard to landing area, its ascent and descent patterns (approach/departure paths), and transitional surfaces within an urban area. • Per UDC (Unified Development Code) section 5.3.2.E, a helipad shall provide adequate land area for take- off and landing to ensure public safety in accordance with Federal Aviation Administration standards. The site plan indicates design standards that align with the FAA's (Federal Aviation Administration). The approach/departure path, transitional surfaces, and HPZ (Helicopter Protection Zone) are shown with their axis perpendicular to Ocean Drive and address the safety of people and protection of properties on the ground. • Staff's opinion is that while the rezoning may have some adverse impacts, and with the helipad being essential to the hospital, the design standards used for the layout of the helipad brings the request closer to achieving consistency with Plan CC's recommendation for development patterns that contribute to high a quality of life. 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 (August 9, 2023): Approval of the change of zoning from the "RM-1/SP" Multi-Family District with a Special Permit to the "CG-2" General Commercial. Attachments: (A) Existing Zoning Map, (B) Site Plan, (C) Site Plan (Departure/Approach Path) Zoning Report Page 5 (A) EXISTING ZONING MAP CN- 1 2 d ON CR- Mop GAN R-MORGAN AVE R'►w- SUBJECT CR- 1 PROPERTY CG 2 0 s� CG-2 CASE: 0823-03 N SUBJECT PROPERTY WITH ZONING 411, IS $nrpus ChrisS Subiject Property A-1 Apa r[ment House ois[na 1-1 Llmit,dInd- lDistrict 'A' Apartment House E'i'lr"U 1-2 Light Indus trial District - A-2 Apartment Ho District 13 H Y d st I District Ad Frm n-I OR Dist t PUD FIt,nn,d Unit D-l p t ., _ _ a AT An,amentTe A Distri,t R-1A One Family D—Ilgo tict " - SUBJ T a1 Neghhemnad e octim R-1B o F iry D—Ili g o t ict - PROPERTY &1A IN ghborhootl Burn ess Dstrict R-1C one Farri ly Dwe 11 ng ostriat -- B-2 Bayfront Busies Distntr R-2 Mulfiple Dwelling D,strict B-2/S Barrier Island Busnes;Dista t RA one Family Dwelling Dist, B 3 Business Dlatrict RE Residential Estate Di4rim B4 General Business District R-TH Townhouse Dwelling District qy BIPrimary B-ness District SP Special Permit . & It 8 Primary Busness Gb re DisMct T-1A Travel Trailer Park GdUR BD Corpus Christi Beach Design Dist. T-iB Manufactured Home Park District Cit Ot j� S�j R Ra RualDid T-1c ManuactuedHemesuhdivislen Cor-pus E ;HERE LOCATION MAP He Hlstar ica2culturalLandmark Distna Christi Preservation ' (B) SITE PLAN a}op�osso�s}tea}iy�ao f�' I ti � y ' ',r F y I F" 0 It -r1 h DIG] LG] t Ln I L T Z i d �• \ 1 Ley �I; i I Zoning Report Page 7 (C) SITE PLAN (DEPARTURE/APPROACH PATH) aD _r_ CU O (6 N O C Q O Q U N N 4- L O 7 L 4- L CL L C Q O U I .:I;Y 4;•. 11 1 ,. uj W t I � i;r Q II� �= _ • ---- O l a �. -t�1 CC 0 4 9 0 G p V U ., I I 'ti _ 5 na � e u N I � �x xilac�d a D Zoning Case 0823-03 Christus Spohn Health System Corp •, ' District 1 a s;� L �. •�' Rezoning for a property at or near 1314 3rd Street Moa�nwnE �-- From the"RM-1/SP" Multi-Family District with a Special Permit To the "CG-2" General Commercial District -7. SUBJECT ",4+ n PROPERTY 4., s `� suaiEc7� rw PROPERTY Egi;HERE LOCATION h1AP City Council October 17, 2023 Zoning and Land Use Proposed Use: CN-, To allow for the relocation of an existing helipad and 07/12/1960additional parking for staff and visitors. �a N C 8.- 03/21/1972 08/23/1999 Area Development Plan: MoRcANAVE Southeast ADP (July 11, 1995) Future Land Use Map: SUBJECT cn , Institutional PROPERTY 05/21/1968 10/15/2016 Existing Zoning: "RM-1/SP" Multi-Family District with a Special Permit CG-2 10/15/2016 Adjacent Land Uses: N North: Medium-Density Residential (Zoned: ON) 1 South: Public/Semi-Public (Zoned: CG-2/SP) • East: Public/Semi-Public (Zoned: CG-2/SP) • West: Public/Semi-Public Use and Vacant (Zoned: CG-2) Public Notification 11 Notices mailed inside the 200-foot buffer CN-, 1 5 Notices mailed outside the 200-foot buffer ON 4 Notification Area M°"GA"A)E Opposed: 0 (0%) RM-i SUBJECT , PROPERTY Separate Opposed Owners CG 2 I 6 O N1 CG-2 In Favor: 0 (0.00%) N "Notified property owner's land in SQF/Total square footage I of all property in the notification area = Percentage of public opposition. Existing Helipad Location and Approach ORISI _ - o IAL MEUPA LOCATION0000 t _ Mop ,GAN AVENUE %v,` ?� \ Vit_, Existing Helipad O y \ Helicopter Protection Zone -I Departure/Approach - - - - Departure/Approach Demolished structure (Completed 04/2023) Proposed Helipad Location and Approach t 11.Block 7 Bwy Wlew Soy Vol.P,p4 P,pg,,24 24,Hap Recc�'ds of blue ces orfs of H.-- C:_, ty,Texos Texns • MORGAN AVENUE -- —=tee•- �� �� - � �� a, V• � �J�'J I � r� Relocated Helicopter y icopter Pad A, _, Y ,�; _ �� - — — — Departure/Approach - ---•-- Helicopter Protection Zone New Parking Staff Analysis and Recommendation • The proposed rezoning is consistent with broader elements of Plan CC and the FLUM. • Hospitals are permitted within all neighborhood, general, and intensive commercial districts. The surrounding properties have been exposed to the hospital's helicopter operations since 2002. • The UDC allows a helipad as an accessory to medical facility uses; and the applicant's request to relocate the existing pad has been deemed an appropriate request. • In reviewing the applicant's request for the relocation of the pad to a denser area of the block, staff considered the adverse impacts the applicant's request may have on the surrounding properties, including: o The operational characteristic of the requested use. o The flight characteristic of the helicopter with regard to its ascent and descent patterns (approach/departure paths), and transitional surfaces within an urban area. • The site plan indicates design standards that align with the FAA's (Federal Aviation Administration). The approach/departure path, transitional surfaces, and HPZ (Helicopter Protection Zone) are shown with their axis perpendicular to Ocean Drive and address the safety of people and protection of properties on the ground. • Staffs opinion is that while the rezoning may have some adverse impacts, and with the helipad being essential to the hospital, the design standards used for the layout of the helipad brings the request closer to achieving consistency with Plan CC's recommendation for development patterns that contribute to high a quality of life. PLANNING COMMISSION AND STAFF RECOMMENDATION: APPROVAL ; Q "4iF Y r MORGAN AVE -_ It�yR� t SfIJB,! CT �, w 71i n m T noilWt a " r� CASE: 0823-03 N WE Aerial View s prus u Ill isit Subject Property SUBJECT\ PROPERTY 6W w '6'. City of i LLOCAE,�? ERE Corpus TION MAP Christi °` SC O , F NoAPORpY�° AGENDA MEMORANDUM xss2 First Reading Ordinance for the City Council Meeting October 17, 2023 Second Reading Ordinance for the City Council Meeting of October 31, 2023 DATE: October 17, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.corr. (361) 826-3851 Drew Molly P.E, Director of Water Systems and Support Services drewm(a-)-cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(o-)-cctexas.com (361) 826-3169 Professional Services Award Seawater Desalination —Title XVI Funding Support CAPTION: Ordinance authorizing a professional services contract with Freese and Nichols, Corpus Christi, to perform engineering services for the United States Bureau of Reclamation Title XVI Desalination Construction Grant Program in an amount not to exceed $220,517.00, appropriating $220,517.00 from the unreserved fund balance in the Drought Surcharge Exemption Fund; and amending the FY 2024 Operating Budget. SUMMARY: This ordinance authorizes approval of an agreement with Freese and Nichols for the preparation of a feasibility report to be submitted to the United States Bureau of Reclamation. As part of the proposed agreement, a report will be prepared in compliance with Title XVI WaterSmart's Water Infrastructure Improvement Program. The Water Smart Program is a national program that was initiated by the current administration. The program focuses on collaborative efforts to plan and implement actions to increase water supply reliability and provide investments to modernize infrastructure. The proposed agreement's scope will include the preparation and filing of an application for grant financial assistance from the United States Bureau of Reclamation Title XVI as well as updating the cost model for the Inner Harbor Seawater Desalination project. BACKGROUND AND FINDINGS: In 1992, The Federal Water Infrastructure Improvements for the Nation (WIIN) Act authorized the United States Bureau of Reclamation (USBR) to provide grant financial assistance for desalination construction projects. Eligibility for this grant program requires the completion of a feasibility study report prepared in compliance with the Title XVI WIIN Desalination Construction Program, and the USBR Manual. Ultimate approval of a feasibility study and its compliance is given by the USBR. The proposed agreement seeks to authorize Freese and Nichols for the preparation of a Title XVI Feasibility Study Report as well as preparing and filing an application for grant financial assistance under the USBR's Seawater Desalination Construction Program. The proposed agreement's scope also includes updating the cost model for the Inner Harbor Seawater Desalination project. The updated cost model is a requirement of the grant application. The updated cost model is expected to be completed by the end of this year. Once the application is accepted by USBR, the potential award could result in up to $30,000,000 or more in grant funds for the City's seawater desalination project. With this feasibility study, CCW could also apply for additional programs that would provide grant funding up to $180,000,000. With regard to the Inner Harbor location, CCW has obtained the intake permit and is currently working with TCEQ to obtain the associated discharge permit. The list below includes the items necessary for completion of the feasibility study as part of the grant application as defined in the USBR Manual. a. Project Management and Coordination of the grant application b. Project Identifiers c. Statements of Problems and Needs d. Water Reclamation and Reuse Opportunities e. Description of Alternative Water Sources f. Economic Analysis of the City's Seawater Desalination Project g. Selection of the Proposed Water Reclamation, Recycling or Desalination Project h. Environmental Consideration and Potential Effects i. Legal and Institutional Requirements j. Financial Capability of Sponsor k. Research Needs PROJECT TIMELINE 2023 - 2024 October - July Title XVI Funding Support The specific cost analysis will be completed and submitted for review in six to eight weeks after the notice to proceed. The cost analysis is expected to the completed by the end of this year. COMPETITIVE SOLICITAION PROCESS: Freese and Nichols was selected in May 2023 under RFQ No. 4413 for Seawater Desalination - Title XVI Program Funding Support. Freese and Nichols was the highest ranked firm. The selection committee was comprised of representatives from the City of Corpus Christi Water Department (CCW), Engineering Services, and City Manager's Office. The final evaluation ranked Freese and Nichols as the highest ranked firm based on eight factors: 1) Experience on projects of similar scope and complexity, 2) Demonstrated capacity & capacity on comparable projects. 3) Past Performance, 4) Team members with experience and qualifications, 5) Team members experience with work of similar scope and complexity, 6) Availability of Resources to accomplish the work, 7) Demonstrated understanding of scope of services, 8) Demonstrated understanding and experience with similar service with a public agency. Freese and Nichols was previously selected as the Owner's Representative for Seawater Desalination project. Freese and Nichols and the Corpus Christi Water Department worked with stakeholders consisting of City leadership, CCW customers, industrial leaders, and the economic development corporation for the region to guide and define the project. The topics discussed while defining the project included providing additional water sources for the region, evaluating economics, cost modeling, environmental assessments, and feasibility studies for the Seawater Desalination project. ALTERNATIVES: The alternative is to not to award the proposed agreement; however, this will result in the feasibility report and grant application not being submitted for the Seawater Desalination project as well as the updated cost model not being completed. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount up to $220,517.00, with FY 2024 funding appropriated from Drought Surcharge Exemption Fund unreserved fund balance. Fund: Drought Surcharge Exemption (Fund 4023) Department: Water (45) Org: Water Administration (30000) Account: Professional Services (530000) Activity: 23208 - Seawater Desal-Title XVI Grant Study Amount $220,517.00 RECOMMENDATION: Staff recommends approval of this agreement with Freese and Nichols, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Proposal Ordinance authorizing a professional services contract with Freese and Nichols, Corpus Christi, to perform engineering services for the United States Bureau of Reclamation Title XVI Desalination Construction Grant Program in an amount not to exceed $220,517.00; appropriating $220,517.00 from the unreserved fund balance in the Drought Surcharge Exemption Fund; and amending the FY 2024 Operating Budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The FY 2023-2024 Capital Budget, adopted by Ordinance No. 033151 , is amended to appropriate $220,517.00 and increase expenditures by $220,517.00. SECTION 2. The City Manager or designee is authorized to execute a professional services contract with Freese and Nichols in an amount not to exceed 220,517.00 to perform a feasibility study and submit a grant application to the United States Bureau of Reclamation. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Seawater Desalination-Title XV1 Program Funding Support Staff Recommendation Proposal Evaluation Score Freese and Nichols Garver HDR Engineering Ardurra Group Plummer Associates Minimum Qualifications Corpus Christi Houston Corpus Christi Corpus Christi Corpus Christi Licensing/Certification No Material Lawsuits Past 5 Years J J J J J No Material Regulatory Issues Past 5 Years J J J J J References Provided for Firm J J J J J Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 11 9.9 6.1 6.6 5.0 4.4 Demonstrated capability&capacity on comparable projects 11 10.5 5.5 5.5 6.1 5.0 Past Performance 11 8.8 5.5 6.1 4.4 6.1 Team members with experience and qualifications 11 10.5 6.6 6.6 6.1 5.5 Team members experience with work of similar scope and complexity 11 9.9 6.1 5.5 5.5 5.0 Availability of resources to accomplish the work 11 11.0 6.1 6.1 5.5 6.1 Demonstrated understanding ofthe scope ofservices 17 14.5 8.5 8.5 8.5 7.7 Demonstrated understanding and experience with a public agency 17 14.5 9.4 8.5 8.5 8.5 ch Total Tenical Proposal 100 89.4 53.6 53.3 49.5 48.1 Total Score 1 100 89.4 53.6 53.3 49.5 48.1 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Seawater Desalination-Title XV1 Program Funding Support Proposal Evaluation Score Hanson Professional Urban Engineering Lockwood Andrews J.Schwarz& Corrpro Services and Newnam Associates Minimum Qualifications Corpus Christi Corpus Christi Corpus Christi Corpus Christi Houston Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years V I/ V V References Provided for Firm V V V V Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 11 5.0 5.0 5.0 5.0 3.3 Demonstrated capability&capacity on comparable projects 11 3.3 4.4 4.4 3.3 2.8 Past Performance 11 4.4 5.0 5.0 3.9 5.5 Team members with experience and qualifications 11 3.9 4.4 4.4 4.4 3.3 Team members experience with work of similar scope and complexity 11 3.9 3.9 3.3 3.9 3.3 Availability of resources to accomplish the work 11 4.4 4.4 5.0 3.9 3.9 Demonstrated understanding of the scope of services 17 8.5 6.8 6.8 6.0 6.0 Demonstrated understanding and experience with a public agency 17 8.5 7.7 6.8 7.7 7.7 ch Total Tenical Proposal 100 41.8 41.4 40.6 37.8 35.6 Total Score 1 100 41.8 41.4 40.6 37.8 35.6 RFQ No.4413 Professional Engineering and Testing Services for FY2023 and Bond 2022 Seawater Desalination-Title XV1 Program Funding Support Proposal Evaluation Score International Bath Engineering ECS Southwest Trimad Consultants Tolunay Wong Consulting Engineers Minimum Qualifications Corpus Christi Corpus Christi San Antonio Pharr Corpus Christi Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years V V I/ V References Provided for Firm I/ V V V V Minimum Qualifications Pass/Fail Pass Pass Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 11 3.9 2.8 3.3 2.8 1.1 Demonstrated capability&capacity on comparable projects 11 3.9 2.8 2.8 2.8 1.7 Past Performance 11 3.3 2.8 2.8 2.8 3.3 Team members with experience and qualifications 11 3.3 3.3 3.3 3.3 2.8 Team members experience with work of similar scope and complexity 11 3.3 3.3 3.3 2.8 1.1 Availability of resources to accomplish the work 11 3.9 3.9 3.3 2.8 1.7 Demonstrated understanding of the scope of services 17 6.0 5.1 5.1 5.1 4.3 Demonstrated understanding and experience with a public agency 17 7.7 6.0 6.0 4.3 3.4 ch Total Tenical Proposal 100 35.1 29.8 29.8 26.4 19.2 Total Score 1 100 35.1 29.8 29.8 26.4 19.2 rFREESE M"NICHOLS 800 N.Shoreline Blvd.,Suite 1600N + Corpus Christi,Texas 78401 + 361-561-6500 + FAX 817-735-7491 June 30, 2023 Mr. Esteban Ramos Water Resource Manager City of Corpus Christi PO Box 9277 Corpus Christi,TX 78469 Re: US Bureau of Reclamation Title XVI Funding Support for Seawater Desalination Dear Mr. Ramos, At your request, Freese and Nichols, Inc. (FNI) is pleased to submit our proposal for a professional services contract to provide support for the pursuit of Title XVI grant funding through the US Bureau of Reclamation for the City's Seawater Desalination Project.The scope of work and fee summary are attached. Please feel free to contact me at 361.561.6500 should you have any questions regarding this matter. Sincerely, T:maO, PE Vice President/Principal Attachments: Exhibit SC, Manhour Breakdown. CITY OF CORPUS CHRISTI SEAWATER DESALINATION FEASIBILITY STUDY REPORT ATTACHMENT SC Scope of Work The City of Corpus Christi is the regional water supplier for over 500,000 people in the Coastal Bend Region of Texas. It is home to a major Port, a significant portion of the Texas and National refining capacity, rapidly growing mid-stream and export facilities and operations as well as major military missions. The City has been assessing desalination as a potential new water source since the early 1980s. In 2004-2005, Corpus Christi was one of three sites selected by a State program sponsored by then Governor Rick Perry to jump-start seawater desalination in Texas. For various reasons, none of these previous projects came to fruition. The time just was not right. More recently, the drought of 2010-2014, brought to the forefront the need to diversify the regional water supply portfolio and to specifically consider seawater desalination. In 2015, recognizing the strategic importance of a drought-proof water supply, the City, along with major industrial water users, the Regional Economic Development Corporation, the Port of Corpus Christi and San Patricio Municipal Water District partnered to conduct a feasibility study of seawater desalination for the region. Upon concluding the feasibility study, the City secured Texas Water Development Board financial assistance and engaged in additional planning and permitting efforts focused on implementing seawater desalination production facilities.The first of these facilities would be installed on the Corpus Christi Inner Harbor Channel. A second facility would be constructed on the La Quinta Channel contingent upon increasing regional water demands. The City would like to participate in Title XVI Program funding under section 4009(c) of the Water Infrastructure Improvements for the Nation (WIIN) Act. Eligibility for this program requires completion and approval by US Bureau of Reclamation of a feasibility study report prepared in compliance with Title XVI WaterSmart's Water Infrastructure Improvements for the Nation, Desalination Construction Program, Reclamation Manual, Directives and Standards, WTR 11-01 and WTR TRMR-128 related to Large-Scale Water Recycling Program Feasibility Study Projects. This scope of work will document the planning efforts and prepare any required supplemental information to prepare and deliver a feasibility study report that meets the aforementioned guidance and requirements. Completion of the grant application is also included in the Basic Services. SC-1 BASIC SERVICES 1. US Bureau of Reclamation Title XVI Feasibility Study The following task breakdown includes the effort necessary to complete the feasibility study as defined in Reclamation Manual, Directives and Standards, WTR 11-01 for Title XVI Feasibility Studies with the necessary modifications to address and WTR TRMR-128 requirements. A. Project Management and Coordination i. Provide document control and coordination with City throughout the life of the project; these include: a) Meeting agendas, b) Meeting minutes, c) Action items, and d) Decisions log ii. Provide written project status reports to City once per month throughout the duration of the project (effort included under technical tasks). iii. Compile a digital repository of relevant planning information generated in support of seawater desalination and other water supply alternatives for Corpus Christi, including: a) Padre Island Desalination Plant Feasibility Study, City of Corpus Christi (2003); b) Large-Scale Demonstration of Seawater Demonstration of Seawater Desalination, City of Corpus Christi (2004); c) Variable Salinity Desalination Demonstration Project, various reports, City of Corpus Christi (2014 through 2017); d) Industrial Seawater Desalination, Project Definition Package (Draft), City of Corpus Christi (2016); e) State Water Implementation Fund for Texas, Financial Assistance Application, City of Corpus Christi; f) Responses to City of Corpus Christi Request for Information; g) 2021 Region N Water Plan; h) Technical Memoranda generated under the City's Seawater Desalination Owner's Representative Contract with Freese and Nichols, Inc. i) Alternative seawater desalination study (Barney Davis site) report; j) Aquifer storage and recovery study; k) Water reuse study; iv. Implement Quality Control and Quality Assurance Plans for deliverables (effort included under technical tasks). SC-2 V. Meetings: Up to three (3) members of the FNI team will attend the following meetings with City: a) Project kick-off; b) One meeting with US Bureau of Reclamation c) Workshop presentation of draft Feasibility Study Report; B. Project Identifiers The Consultant will address the following: i. identification of project sponsor(s) ii. description of the study area and an area/project map; and iii. definition of the study area in terms of both the site-specific project area and where the reclaimed, recycled or desalinated water supply will be needed and developed, and any reclaimed or desalinated water distribution systems. C. Statement of Problems and Needs The Consultant will address the following: Describe key water resource management problems and needs for which a water reclamation, recycling or desalination project will provide a solution, including the following information. All projections shall be reasonable and applicable for a minimum of 20 years. i. Description of the problem and need for a reclamation, recycling or desalination project. ii. Description of current and projected water supplies, including water rights, and potential sources of additional water other than the proposed water desalination project, and plans for new facilities other than the proposed project, if any. iii. Description of current and projected water demands, including a description of the current and projected water supply and demand imbalances. iv. Description of any water quality concerns for the current and projected water supply. D. Water Reclamation and Reuse Opportunities The Consultant will: Address the opportunities for water reclamation, recycling and desalination in the study area, and identify the sources of water that could be reclaimed or desalinated, including the following information. SC-3 i. Description of all uses for reclaimed or desalinated water, or categories of potential uses, including, but not limited to, environmental restoration, fish and wildlife, groundwater recharge, municipal, domestic, industrial, agricultural, power generation, and Recreation. Identify any associated water quality, and associated treatment requirements. ii. Description of the water market available to utilize reclaimed or desalinated water, including: a) Identification of existing and potential users,expected use, peak use, on- site conversion costs if necessary, desire to use reclaimed, recycled or desalinated water, including letters of intent if available. b) Description of any consultation with potential reclaimed, recycled or desalinated water customers. Letters of intent must be included, if applicable. c) Description of the market assessment procedures used. iii. Discussion of considerations (for example: physical, converting systems for reused water, or public acceptance) which will prevent implementing a water reclamation, recycling or desalination project. Identify methods or community incentives to stimulate reclaimed, recycled or desalinated water demand, and methods to eliminate obstacles which will inhibit the use of reclaimed, recycled or desalinated water, including pricing. iv. Identification of all the water and wastewater agencies that have jurisdiction in the potential service area or over the sources of reclaimed, recycled or desalinated water. V. Description of potential sources of water to be reclaimed, recycled or desalinated, including impaired surface and ground waters. vi. Description and location of the source water facilities, including capacities, existing flows, treatment processes, design criteria, plans for future facilities, and quantities of impaired water available to meet new reclaimed, recycled and desalinated water demands. vii. Description of any current water reclamation, recycling or desalination taking place in the study area, including a list of reclaimed water uses, type and amount of reuse, and a map of existing pipelines and use sites. viii. Description of current and projected wastewaters and disposal options other than the proposed water reclamation, recycling or desalination project, and plans for new wastewater facilities, including projected costs, if any. ix. Summary of any water reclamation, recycling and desalination technology currently in use in the study area, and opportunities for development of improved technologies. SC-4 E. Description of Alternatives The Consultant will address the following: i. Description of the baseline condition without the proposed project or any of the alternatives. ii. Description of the non-Federal funding condition. The reasonably foreseeable future actions that the non-Federal project sponsor would take if Federal funding were not provided for the proposed water reclamation, recycling or desalination project, including estimated costs. iii. Statement of the specific objectives all alternatives, including the water reclamation, recycling or desalination project, are designed to address. iv. Description of waste-stream discharge treatment and disposal water quality requirements, if applicable, for the proposed water reclamation, recycling or desalination project. V. Description of one or more alternative technologies that could be used in the proposed water reclamation, recycling or desalination project under consideration. Where a project only consists of reclaimed, recycled or desalinated water distribution, alternative plans for distribution or implementation will be provided.These alternatives must be approvable by the state(s) or tribal authorities in which the project will be located. vi. A description of a reasonable range of viable alternatives that would satisfy the same water demand as the proposed project, including other water supply sources and/or project types that are practicable, feasible, and meet the planning objectives. vii. Alternative plans will clearly identify and evaluate the trade-offs among stakeholders and resources. The viability of an alternative will be determined through an evaluation of its acceptability', efficiency2, effectiveness3, and completeness'. Alternative plans will be formulated based on most likely future conditions expected with and without implementation of a plan. viii. Consideration of the impact of climate change in the trade-off analysis and the comparison of alternatives. 'Acceptability:the viability and appropriateness of an alternative from the perspective of the Nation's general public and consistency with existing Federal laws, authorities, and public policies. It does not include local or regional preferences for particular solutions or political expediency. z Efficiency:the extent to which an alternative alleviates the specified problems and realizes the specified opportunities at the least cost. s Effectiveness:the extent to which an alternative alleviates the specified problems and achieves the specified opportunities. a C ompleteness:the extent to which an alternative provides and accounts for all features, investments, and/or other actions necessary to realize the planned effects, including any necessary actions by others. It does not necessarily mean that alternative actions need to be large in scope or scale. SC-5 F. Economic Analysis The Consultant will address the following: A water reclamation, recycling or desalination feasibility study report must include an economic analysis of the proposed water reclamation, recycling or desalination project relative to other water supply alternatives that could be implemented by the non-Federal project sponsor in lieu of a water reclamation, recycling or desalination project. This assessment needs to identify the degree to which the water reclamation, recycling or desalination project alternative is cost-effective, and the economic benefits that are to be realized after implementation. The study lead must submit the following information for the economic analysis in a water reclamation, recycling or desalination feasibility study report. i. Description of the conditions that exist in the area and provide projections of the future with, and without, the project. Emphasis in the analysis must be given to the contributions that the plan could make toward meeting the future water demand in an efficient and economically sound manner. ii. Compile recent and relevant references for unit costs for materials and equipment for the cost model inputs; iii. Review trends and relevant project costs in the seawater desalination market; iv. Update capital and operations & maintenance (O&M) cost projections including a full update to the FNI cost model to provide a summary including the water cost per thousand gallons of finished water. V. Identification of all project-related costs for the selected water reclamation or recycling project and the alternatives identified. Costs must be provided for all planning, design, and construction activities as well as operations and maintenance costs. Cost estimates must be presented in terms of pay items, quantities, unit prices, contract costs, non-contract costs, and escalation. Cost estimates for the final analyzed alternatives shall be at a sufficient design level to conduct the comparisons required in subsection (d). Cost estimates shall include: a) Pay Items—Abbreviated descriptions of work for which payments or charges to accounts are made. Pay items represent a logical and practical breakdown of the proposed work into separate and distinct classes of work. b) Quantities—The quantities for pay items shall be presented by a number and a unit of measure such as pounds, cubic yard, or another unit that most appropriately represents the measurement for the particular pay item. c) Unit Prices—Current unit prices shall be used in all estimates and identified. d) Contract Cost—The contract cost represents the estimated cost of the contract at time of bid or award and will include allowances for design contingencies and for procurement strategies, but not construction contingencies. e) Non-Contract Cost—Costs associated with work or services provided in support of the project,these may include project management, investigations SC-6 and data collection, construction management, environmental compliance, and archeological considerations. f) Escalation—For projects that are to be developed over an extended period of time, or at some distant time in the future, estimates may account for escalation that may occur. vi. Identification, quantification, and monetization of benefits, both direct use benefits and indirect use benefits, for the selected project and the alternatives identified. Benefits may include, but are not limited to, benefits related to water supply, recreational benefits, ecosystem benefits, water quality, energy efficiency, public health and other social benefits, and/or avoided costs. vii. A comparison of the benefits and costs associated with the selected water reclamation or recycling project and the alternatives identified. The results of this comparison should be discounted to net present value. The alternative plan that reasonably maximizes net public benefits will be identified. a) This comparison must result in a benefit cost ratio that is provided for the selected project and the alternatives. b) Discussion about the extent to which the selected project maximizes benefits must be included. viii. Some water reclamation, recycling or desalination project benefits will be difficult to quantify; for example, a drought tolerant water supply, reduced water importation, and other social or environmental benefits. These benefits shall be documented and described qualitatively as completely as possible. Any qualitative benefits will be considered as part of the justification for a water reclamation, recycling or desalination project in conjunction with the comparison of project costs described above. ix. A summary, in one table of the net present value of monetized benefits and costs, and the listing and ranking of the benefits described qualitatively. G. Selection of the Proposed Water Reclamation. Recycling or Desalination Project The Consultant will address the following: i. Provide a justification of why the proposed water reclamation, recycling or desalination project is the selected alternative in terms of meeting objectives, demands, needs, cost effectiveness, and other criteria important to the decision. ii. Provide an analysis and, if applicable, an affirmative statement of whether the proposed water reclamation, recycling or desalination project would address the following: a) reduction, postponement, or elimination of development of new or expanded water supplies; b) reduction or elimination of the use of existing diversions from natural watercourses, or withdrawals from aquifers; SC-7 c) reduction of demand on existing Federal water supply facilities; and d) reduction, postponement, or elimination of new or expanded wastewater facilities. H. Environmental Consideration and Potential Effects The Consultant will address the following: The review of a water reclamation, recycling or desalination feasibility study report does not require National Environmental Policy Act (NEPA) compliance. The Department of the Interior categorical exclusion 1.11 "Activities which are educational, informational, advisory, or consultative to other agencies, public and private entities, visitors, individuals or the general public" applies to Reclamation's consultative review, and preparation of the water reclamation, recycling or desalination feasibility study reports. As stated in Paragraph 1. Scope, Reclamation is not making a recommendation to go forward with the proposed water reclamation, recycling or desalination project, nor is Reclamation using the water reclamation, recycling or desalination feasibility study report to propose an action to the Congress. The water reclamation, recycling or desalination feasibility study report must include sufficient information on the proposed water recycling or desalination project to allow Reclamation to assess the potential measures and costs that will be necessary to comply with NEPA, and any other applicable Federal law. Accordingly, the following information is required: i. Discussion whether, and to what extent, the proposed water reclamation, recycling or desalination project will have potentially significant impacts on endangered or threatened species, public health or safety, natural resources, regulated waters of the United States, or cultural resources. ii. Discussion whether, and to what extent, the project will have potentially significant environmental effects, or will involve unique or undefined environmental risks. iii. Description of the status of required Federal, state, tribal, and/or local environmental compliance measures for the proposed water reclamation, recycling or desalination project, including copies of any documents that have been prepared, or results of any relevant studies. iv. Any other information available to the study lead that would assist with assessing the measures that will be necessary to comply with NEPA, and other applicable Federal, state or local environmental laws such as the Endangered Species Act or the Clean Water Act. V. Discussion of how the proposed water reclamation, recycling or desalination project will affect water supply and water quality from the perspective of a regional, watershed, aquifer, or river basin condition. SC-8 vi. Discussion of the extent to which the public was involved in the feasibility study, and a summary of comments received, if any. vii. Description of the potential effects the project will have on historic properties. Discussion must include potential mitigation measures, the potential for adaptive reuse of facilities, an analysis of historic preservation costs, and the potential for heritage education, if necessary. viii. If, at a later date, Reclamation provides funds for construction, all appropriate NEPA and other environmental and cultural compliance must be completed prior to any ground disturbing activities beginning in order for the project to be eligible. I. Legal and Institutional Requirements. The Consultant will address the following: The water reclamation, recycling or desalination feasibility study shall identify any legal or institutional requirements, or barriers to implementing the proposed project. i. Analysis of any water rights issues potentially resulting from implementation of the proposed water reclamation, recycling desalination project. All proposed water reclamation, recycling or desalination projects must comply with state water law. ii. Discussion of legal and institutional requirements (e.g., contractual water supply obligations, Indian trust responsibilities, water rights settlements, regional water quality control board requirements), state, and/or local requirements with the potential to affect implementation of the project. Water reclamation, recycling or desalination projects using Reclamation project water must address contractual requirements as described in RM D&S, Reuse of Bureau of Reclamation Project Water (PEC 05-09). iii. Discussion of the need for multi-jurisdictional or interagency agreements, any coordination undertaken, and any planned coordination activities. iv. Discussion of permitting procedures required for the implementation of water reclamation, recycling or desalination projects in the study area, and any measures that the non-Federal project sponsor can implement that could speed the permitting process. v. Discussion of any unresolved issues associated with implementing the proposed water reclamation, recycling or desalination project, how and when such issues will be resolved, and how the project would be affected if such issues are not resolved. vi. Identification of current and projected wastewater discharge requirements resulting from the proposed water reclamation, recycling or desalination project (e.g., brine disposal). SC-9 vii. Description of rights to wastewater discharges resulting from implementation of the proposed water reclamation, recycling or desalination project. J. Financial Capability of Sponsor. The Consultant will address the following: At the water reclamation, recycling or desalination feasibility study stage, Reclamation must request enough information to determine that the non-Federal project sponsor is likely to demonstrate financial capability if the project moves to construction. Reclamation will request more detailed information to make a determination that the non-Federal project sponsor is financially capable of funding the non-Federal share of the project's costs before a funding agreement covering construction can be executed. Accordingly, the following information is required to be included in the water reclamation, recycling or desalination feasibility study report. i. Proposed schedule for project implementation. ii. Discussion of the willingness of the non-Federal project sponsor to pay for its share of capital costs and the full operation, maintenance, and replacement costs. iii. A plan for funding the proposed water reclamation, recycling or desalination project's construction, operation, maintenance, and replacement costs, including an analysis of how the non-Federal project sponsor will pay construction and annual operation, maintenance, and replacement costs. iv. Description of all Federal and non-Federal sources of funding and any restrictions on such sources, for example, minimum or maximum cost-share limitations. Generally, for water reclamation, recycling or desalination projects, the Federal cost share is limited to 25 percent, or$30,000,000, whichever is less. K. Research Needs The Consultant will address the following: At a minimum, the report must include a statement on whether the proposed water reclamation, recycling or desalination project includes basic research needs, and the extent that the proposed project will use proven technologies and conventional system components. The following information is required only if further research is necessary to implement the proposed water reclamation, recycling or desalination project: i. Description of research needs associated with the proposed water reclamation, recycling or desalination project, including the objectives to be accomplished through research; ii. Description of the basis for Reclamation participation in the identified research; SC-10 iii. Identification of the parties who will administer and conduct necessary research; and iv. Identification of the timeframe necessary for completion of necessary research. 2. Preparing and Filing the Reclamation Grant Application The Consultant will: i. Prepare a draft application for the Title XVI grant under section 4009(c) of the Water Infrastructure Improvements for the Nation (WIIN) Act ii. Meet with the City of Corpus Christi to review the draft application iii. Update the application and provide a final copy of the document(s) for the City's review prior to submitting the application to Reclamation. iv. Monitor the application processing v. Assist the City with grant award contract preparation ADDITIONAL SERVICES Additional services may be scoped and budgeted based on request from City. Such scope items may include: • Surveys • Geotechnical Investigations • Environmental Reviews, Studies, or Surveys RESPONSIBILITIES OF OWNER 1. Identify, engage, and coordinate with peer reviewer(s), if required by Reclamation. Provide FNI with a description of the technical expertise and affiliation of the reviewer(s) and a summary of the comments provided during the review. SC-11 COMPENSATION Freese and Nichols, Inc. proposes to perform the Scope of Services listed above for a lump-sum fee detailed in the compensation table below. Basic Services Project Task Fee 1. Title XVI Feasibility Study $160,813 2. Reclamation Grant Application $59,704 Total $220,517 SCHEDULE FNI is authorized to commence work on the Project upon execution of this Agreement. If FNI's services are delayed through no fault of FNI, FNI shall be entitled to adjust the contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in Client or regulatory reviews, delays on the flow of information to be provided to FN I, etc. Milestone Expected Date/Completion Project Kickoff Meeting August 2023 IH SWD Project Cost Estimating Update December 2023 Draft Title XVI Feasibility Report& City Review March 2024 Final Title XVI Feasibility Report& Reclamation Submittal June 2024 SC-12 .t,m corpus cnrini Dd—Cl B—d— TIM', 11 T—s ....1 T— em T— T-1 xea _I II (a)olanA'PPIsIOM'FMen 14 11 t"'t.......... Q.—V Seawater Desalination Grant Opportunities Drew Molly, P.E. Interim Chief Operations Officer Corpus Christi Water Corpus October 17, 2023 Christi Water- Serving the Coastal Bend Bureau of Reclamation WaterSMART Grants This Grant funding is specifically for design and construction projects. • The U.S. Department of the Interior's WaterSMART (Sustain and Manage America's Resources for Tomorrow) Program provides a framework for Federal leadership and assistance to stretch and secure Water supplies for future generations. • Through WaterSMART, the Bureau of Reclamation (Bureau) Leverages funding to support stakeholder efforts to stretch scarce water supplies and a void conflicts over water 9 BUREAU RECLAMATION 1 Bureau of Reclamation Programs WaterSMART Grant Opportunities i. Title XVI Grant - Water Infrastructure Improvements for the Nation (WI I N) Act • Up to $3o Million Grant or 25% of total project cost, whichever is less. 2. Large-Scale Water Recycling Projects Program (For Projects Exceeding $500M) • Up to $18o Million Grant or 25% of total project cost, Whichever is less. C[� Grant Requirements Requirements for a Bureau Approved Feasibility Report • A complete Feasibility Report consistent with the Reclamation's Manual, Directives, and Standards (WTR 11-os, and WTR TRMR 128) to meet ten feasibility report criteria. • An economic analysis - for both the Inner Harbor and La Quinta sites following Bureau guidelines. The cost model will require the following: • Identification of all changes to the project concept and design _ basis since 2019 (last time cost model was updated). • Incorporate updated market data, material, chemical and power costs, and evaluate Worldwide seawater desalination project delivery costs. C � Grant Evaluation Criteria Grant Evaluation Criteria • Criterion 1 — Water Supply • Criterion 2 — Environment and Water Quality • Criterion 3 — Economic Benefits • Criterion 4 — Benefits to Rural or Economically ■ Disadvantaged Community • Criterion 5 — Reclamation's Obligations and Watershed Perspective C[� Professional Services Contract In an amount not to exceed $220,517 with Freese and Nichols Scope of Work: • Preparation of a feasibility report that meets the Bureau's requirements for grant funding • File grant application for financial assistance Schedule: • so months for report completion 017W", Thank you ! Corpus Christi Water= Serving the Coastal Bend 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting October 31 , 2023 DATE: October 31 , 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevins4(a)cctexas.com (361) 826-1292 Josh Chronley, Assistant Director of Finance-Procurement Josh C2(a)cctexas.com (361) 826-3169 Hot Water Boiler Tank Replacement at Corpus Christi International Airport (CCIA) Terminal Facility CAPTION: Motion authorizing execution of a six-month service agreement with Pro Tech Mechanical, Inc., of Corpus Christi, through the BuyBoard Cooperative, for an amount not to exceed $91 ,627.00 to replace a boiler and expansion tank at the Corpus Christi International Airport, with funding from Airport Operating Fund. SUMMARY: This project involves the replacement of a hot water boiler at the Corpus Christi International Airport Terminal building. ProTech Mechanical, Inc. will replace a hot water boiler, bladder, and components that serve the Terminal building. The boiler is one of three units that serve the building. The contractor will remove the existing boiler system and will install a new boiler, bladder, associated piping connections, valves, hangers, and supports for the new boiler. Work will require the contractor to de-energize power, disconnect the hot water supply and return, and install connections to the new boiler and boiler pumps. BACKGROUND AND FINDINGS: The terminal building at the Corpus Christi International Airport (CCIA) was expanded and renovated in the early 2000s, approximately 23 years ago. During the renovations the three boiler systems were approximately fifteen years old and in excellent condition, so they were reused and relocated. Boiler systems of this type and style are expected to have a useful life of 20-25 years. The replacement of this boiler is part of an asset management program through the Aviation Department that schedules the maintenance and replacement of all boiler systems, along with other HVAC components. PROCUREMENT DETAIL: This procurement is being facilitated through the BuyBoard Cooperative. Contracts awarded through the BuyBoard has been competitively procured in compliance with Texas Local and State procurement requirements. Aviation Department in conjunction with the Procurement division of Finance examined pricing by other cooperative contracts and service offerings to find the most cost-effective option for the City. Below is a chart that demonstrates the published rates from the cooperative contract and open market that were examined. Vendor/Market Cost ProTech Mechanical $91 ,627.00 BuyBoard $144,912.10 Open Market $100,709.50 ALTERNATIVES: Alternatives include using a different vendor or method to replace the boiler, which will likely result in higher costs. FISCAL IMPACT: The fiscal impact in FY 2024 is an amount of $91 ,627.00 with funding available from the Airport Operating Budget. FUNDING DETAIL: Fund: 4610 - Airport Operating Organization/Activity: 35010 - Development & Construction Department: 53 - Aviation Project # (CIP Only): Account: 550910 — Construction Contract RECOMMENDATION: Staff recommends the replacement of the Hot Water Boiler at the Corpus Christi International Airport Terminal Facility. The Airport Board voted to submit a recommendation to the City Council to approve this action at their regularly scheduled Board Meeting. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet City of Corpus Christi Price Sheet Sr. Buyer: Minerva Alvarado Replacement of Boiler & Bladder Tank @ CCIA Buyboard 631-20 ProTech Mechanical, Inc. Corpus Christi, TX 78406 Item Description Qty Cost Total 1 Labor 1 $18,520.00 $18,520.00 2 Parts/Material 1 $73,107.00 $73,107.00 Total $91,627.00 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 �yV SC G° a 0 H SERVICE AGREEMENT NO. 5313 U Replacement Boiler and Bladder Tank at CCIA yeanaonn!e 1852 THIS Replacement Boiler and Bladder Tank Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Protech Mechanical, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Replacement Boiler and Bladder Tank in response to Request for Bid/Proposal No. BuyBoard 631-20 ("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 Replacement Boiler and Bladder Tank ("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 six months 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-month 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 $91,627.00, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form -Airport Page 1 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 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: Lawrence Thormaehlen Airport Department Phone: 361-826-1266 Email: lawrencet@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the 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 -Airport Page 2 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. Any Services that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 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 Service Agreement Standard Form -Airport Page 3 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments and Changes. This Agreement may be amended or modified only by written change order signed by both parties. Change orders may be used to modify quantities as deemed necessary by the City. Any changes that alter the method, price, or schedule of work must be allowable, allocable, within the scope of any federal grant or cooperative agreement, and reasonable for the completion of the project scope. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other related taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Lawrence Thormaehlen Facilities Manager 1000 International Drive, Corpus Christi, TX 78406 Phone: 361-826-1266 Fax: n/a IF TO CONTRACTOR: Protech Mechanical, Inc. Attn: Joseph Pimentel Account Executive Service Agreement Standard Form -Airport Page 4 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 1622 Saratoga Blvd, Corpus Christi, TX 78417 Phone: 361-882-2101 Fax: 361-882-2154 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) Termination for Cause. The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Termination for Convenience. Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. In the event of termination for convenience, the Contractor will be compensated for all Services performed prior to the date of termination. The City shall have no further obligations to the Contractor. Service Agreement Standard Form -Airport Page 5 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates or breaches any provision of the Agreement, the City may pursue any other claims or causes of action available under the law. No specific sanctions or penalties apply to this Agreement except those that are otherwise available under the law. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 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 Service Agreement Standard Form -Airport Page 6 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Federal Funding Requirements. This project is subject to requirements provided for the Federal Aviation Administration (FAA) and/or other federal agencies. A set of Federal Requirements has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. The Contractor will insert in any subcontracts all Federal Provisions/Requirements contained in the Agreement, such other clauses as the FAA, or its designee may by appropriate instructions require and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the contract clauses. [Signature Page Follows] Service Agreement Standard Form -Airport Page 7 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 CONTRACTOR DOCUSigned by: Signature: i- �,-,� 800FDOF14F1B42B... Printed Name: 7oseph Pimentel Title: sales Representative Date: 9/19/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Federal Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. BuyBoard 631-20 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form -Airport Page 8 of 8 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Attachment A: Scope of Work A. The Contractor shall coordinate with CCIA personnel to schedule and execute work. B. The Contractor shall lock out and tag out all equipment to be worked on. Lock out and tag out gas valve. C. The Contractor shall demo existing boiler and discard. D. The Contractor shall demo existing bladder tank and discard. E. The Contractor shall isolate and disconnect all utilities to boiler. F. The Contractor shall provide all labor, materials, and equipment to install Raypak MVB 2004 boiler and a 121-gallon expansion tank. G. The Contractor shall provide all required pipes, valves, and fittings for interconnecting piping of equipment. H. The Contractor shall modify the existing piping. I. The Contractor shall insulate water pipes that were modified in the retrofit. J. The Contractor shall reconnect existing flue and provide additional vent pieces to tie to existing flue. K. The Contractor shall provide labor and materials to connect electrical to the boiler. L. The Contractor shall provide CO monitor and provide labor and materials to connect monitor. M. The Contractor shall go over the pre-startup check list and test all safeties. N. The Contractor shall provide Boiler Temporary Operating Permit with the State of Texas. O. After completion of work, the Contractor shall clean the work area. Page 1 of 1 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Attachment B: Bid/Pricing Schedule PR TECH 1622 Saratoga Blvd.,Corpus Christi,TX 78417 Phone 361-882-2101,Fax 361-882-2154 TACLA20619E/TECL457080/RMP40302 ME C H A N I CAL , INC Prepared by: Hector Cardona HVAC Proposal Buyboard Proposal#631-20 Proposal Number:QCO223062 9/5/2023 Billing Account: Site Location: CCIA CCIA 1000 International Dr. 1000 International Dr. Corpus Christi,TX 78406 Corpus Christi,TX 78406 Re: Replace Raypac Boiler and Expansion Tank. Attn: L.Thormaelen (361)289-0171 Pro Tech Mechanical is pleased to provide this proposal for equipment, labor and materials based on the work as outlined in this proposal at the above customer location. 1. All work shall be performed in accordance with all applicable State and Local codes and standards. 2. All work to be performed by EPA certified technicians and executed in a professional workman like manner. 3. All equipment and material installed on this project shall be new and unused unless otherwise noted. 4. All work to be performed during normal business hours,Monday through Friday unless otherwise noted. 5. Other labor and material is excluded unless specifically mentioned in the scope of work. 6. If the work is delayed or stopped at the request of the CUSTOMER or by third parties,additional charges may apply. Inclusions/ Exclusions:Reference Attached Scope of Work Proposal based on 3/3/2023 3/3/2023 Acknowledgment of Addendums:n/a Total investment for this service is $ 91,627.00 All applicable taxes are excluded and will be billed in addition to the proposed price. All prices are firm for 30-days. Thank you for the confidence that you have shown in Pro Tech Mechanical by requesting this proposal. We sincerely appreciate the opportunity to provide these services for your organization. Should you have any questions about this proposal or any other request please call us at 361-882-2101 or e-mail me at ioseph@ protechmech.com Regards, Joseph Pimentel Pro Tech Mechanical, Inc. Acceptance of Proposal-The undersigned affirm that they have read and understand the entire PROPOSAL AGREEMENT and agree to abide by the above prices,specifications and conditions.You are authorized to do the work as specified according to the attached scope. Payment will be made as outlined above. Pro Tech Mechanical will warranty all parts per the standard manufacturer's warranty and labor will be warranted for 1 year. Executed by Authorized Representative: Regulated by the Texas Department of Licensing and Regulation,PO Box 12157 Austin,TX 78711,800-803-9202,512-463-6599 Regulated by the Texas State Board of Plumbing Examiners,PO Box 4200 Austin,TX 78765-4200,800-845-6584,512-936-5200 1 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 HVAC Contract This AGREEMENT entered into by and between: CCIA Hereinafter referred to as"CUSTOMER" AND Pro Tech Mechanical, Inc. HVAC Proposal 9/5/2023 QCO223062 Proposal Type Date Proposal Number o This AGREEMENT shall be administered by Pro Tech Mechanical's office presently located at: Pro Tech Mechanical, Inc. 1622 Saratoga Blvd. Corpus Christi,TX 78417 o The scope of work to be performed at the following location: CCIA 1000 International Dr. Corpus Christi,TX 78406 SCOPE OF WORK to be provided by Pro Tech Mechanical in accordance with the following description: o Including any attachments indicated (with an 'X') below. (N/A is Not Applicable) X PROPOSAL DATED: 9/5/2023 X SCOPE OF WORK Page(s) N/A Other attachments The AGREEMENT PRICE is: $ 91,627.00 excluding all applicable taxes. This price is based on normal working hours, Monday through Friday, unless otherwise stated herein. If the work is delayed or stopped at the request of the CUSTOMER or requirements of third parties, additional charges will be applicable. Project durations exceeding 30 days will be subject to progress payments. The undersigned affirm that they have read and understand the entire AGREEMENT including the Terms and Conditions appearing below. Execution by Authorized Representatives: SUBMITTED BY: Joseph Pimentel DATE: 9/5/2023 CUSTOMER ACCEPTANCE: P.O.# Pro Tech Mechanical, Inc. COMPANY Joseph Pimentel CUSTOMER NAME Account Executive TITLE Customer Acceptance(Signature) Date PRO TECH MECHANICAL(Signature) Date Regulated by the Texas Department of Licensing and Regulation,PO Box 12157 Austin,TX 78711,800-803-9202,512-463-6599 Regulated by the Texas State Board of Plumbing Examiners,PO Box 4200 Austin,TX 78765-4200,800-845-6584,512-936-5200 2 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 the Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 3. 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. Page 1 of 3 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 B. 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. 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 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 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, 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. 5. 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. Page 2 of 3 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 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 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. 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 agreement. 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 agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. No bond is required for this service agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services -Services Performed Onsite 01/01 /2023 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Attachment D: Warranty Requirements One year replacement if parts are deemed defective and labor. Page 1 of 1 DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 ATTACHMENT E: FEDERAL REQUIREMENTS DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 E.1 GENERAL CIVIL RIGHTS PROVISIONS The Contractor agrees to comply with pertinent statutes,Executive Orders and such rules as are promulgated to ensure that no person shall,on the grounds of race,creed,color,national origin,sex, age,or disability be excluded from participating in any activity conducted with or benefiting from Federal assistance. This provision binds the Contractor and subcontractors from the bid solicitation period through the completion of the contract.This provision is in addition to that required by Title VI of the Civil Rights Act of 1964. E.2 Compliance with Nondiscrimination Requirements: During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor"), agrees as follows: 1. Compliance with Regulations: The Contractor(hereinafter includes consultants)will comply with the Title VI List of Pertinent Nondiscrimination Acts and Authorities, as they may be amended from time to time,which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination: The Contractor,with regard to the work performed by it during the contract,will not discriminate on the grounds of race,color,or national origin in the selection and retention of subcontractors,including procurements of materials and leases of equipment. The Contractor will not participate directly or indirectly in the discrimination prohibited by the Nondiscrimination Acts and Authorities,including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 CFR part 21. 3. Solicitations for Subcontracts,including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding or negotiation made by the Contractor for work to be performed under a subcontract,including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the Contractor of the contractor's obligations under this contract and the Nondiscrimination Acts and Authorities on the grounds of race,color,or national origin. 4. Information and Reports: The Contractor will provide all information and reports required by the Acts,the Regulations, and directives issued pursuant thereto and will permit access to its books,records, accounts,other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain compliance with such Nondiscrimination Acts and Authorities and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information,the Contractor will so certify to the sponsor or the Federal Aviation Administration,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Contractor's noncompliance with the non- discrimination provisions of this contract,the sponsor will impose such contract sanctions as it or the Federal Aviation Administration may determine to be appropriate,including,but not limited to: a. Withholding payments to the Contractor under the contract until the Contractor complies; and/or b. Cancelling,terminating,or suspending a contract,in whole or in part. DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 6. Incorporation of Provisions: The Contractor will include the provisions of paragraphs one through six in every subcontract,including procurements of materials and leases of equipment,unless exempt by the Acts,the Regulations,and directives issued pursuant thereto. The Contractor will take action with respect to any subcontract or procurement as the sponsor or the Federal Aviation Administration may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided,that if the Contractor becomes involved in,or is threatened with litigation by a subcontractor,or supplier because of such direction,the Contractor may request the sponsor to enter into any litigation to protect the interests of the sponsor. In addition,the Contractor may request the United States to enter into the litigation to protect the interests of the United States. E.3 Title VI List of Pertinent Nondiscrimination Acts and Authorities During the performance of this contract,the Contractor, for itself,its assignees, and successors in interest(hereinafter referred to as the "Contractor") agrees to comply with the following non- discrimination statutes and authorities; including but not limited to: Title VI of the Civil Rights Act of 1964(42 USC § 2000d et seq.,78 stat. 252) (prohibits discrimination on the basis of race,color,national origin); 49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of Transportation—Effectuation of Title VI of the Civil Rights Act of 1964); The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC § 4601)(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.),as amended(prohibits discrimination on the basis of disability); and 49 CFR part 27; The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.)(prohibits discrimination on the basis of age); Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended(prohibits discrimination based on race,creed,color,national origin,or sex); The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope,coverage and applicability of Title VI of the Civil Rights Act of 1964,the Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973,by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients,sub- recipients and contractors,whether such programs or activities are Federally funded or not); Titles II and III of the Americans with Disabilities Act of 1990,which prohibit discrimination on the basis of disability in the operation of public entities,public and private transportation systems, places of public accommodation, and certain testing entities (42 USC §§ 12131 – 12189)as implemented by U.S. Department of Transportation regulations at 49 CFR parts 37 and 38; The Federal Aviation Administration's Nondiscrimination statute (49 USC § 47123) (prohibits discrimination on the basis of race,color,national origin, and sex); Executive Order 12898,Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs,policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; Executive Order 13166,Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance,national origin discrimination includes discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); DocuSign Envelope ID: BC07A899-7923-4C1A-A1C1-24CCOAD3COF5 Title IX of the Education Amendments of 1972, as amended,which prohibits you from discriminating because of sex in education programs or activities(20 USC 1681 et seq). CCI A AUM Corpus Christi International Airport ProTech Mechanical, Inc. Contract Council Presentation ' '` October 31, 2023 hkProTech Mechanical, Inc. CCI Corpus Christi Contract / International Airport • Six (6) month service agreement for the replacement of a hot water boiler and bladder tank at the Corpus Christi International Airport. • Scope of work includes demolishing the existing boiler system; furnish and install a new hot water boiler, bladder tank, and associated components for the new boiler system. so �o p A P-4 1v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of October 31 , 2023 DATE: October 31 , 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2(a)cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Auto Parts for Fleet Maintenance CAPTION: Motion authorizing execution of a one-year supply agreement, with two one-year options, with O'Reilly Auto Enterprises, LLC, dba O'Reilly Auto Parts, through the Sourcewell Cooperative, in an amount not to exceed $80,000.00 and a potential amount of $240,000.00 if options are exercised, to purchase auto parts for Asset Management - Fleet, with FY 2024 funding of $74,000.00 from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a one-year supply agreement with O'Reilly's Auto Parts through the Sourcewell Cooperative. This agreement will provide automotive parts stocked by the Asset Management Department for repairs of city vehicles by the Fleet Maintenance Division. BACKGROUND AND FINDINGS: The Asset Management Department utilizes O'Reilly's automotive parts for the repair and maintenance of associated equipment. These parts are essential to perform timely repairs. Asset Management performs the majority of vehicle and equipment repairs in- house. Acquisition of these parts is essential to ensure the prosecution of a successful and timely maintenance effort of this equipment. Furthermore, a ready supply of these parts will ensure a continued high operational readiness of city vehicles and equipment. The price list is available upon request. PROCUREMENT DETAIL: This procurement is being facilitated through the Sourcewell Cooperative. Contracts awarded through the Sourcewell Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Discounts by other cooperative contracts were compared to find the best value for the City. Below is a chart that demonstrates the discounts from the cooperative contracts that were examined. O'Reilly Auto Enterprises, LLC, 41% min discount dba O'Reilly Auto Parts TIPS 41% max discount NCPA 41% max discount ALTERNATIVES: An alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to purchase on individual purchase orders the automotive parts on an as-needed basis, which would not be as productive. In addition, a long-term agreement will lock in the cost throughout the term of the contract. FISCAL IMPACT: The fiscal impact for Asset Management in FY 2024 is estimated at $74,000.00 for this one-year supply agreement. The remaining amount of $160,000.00 will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Organization/Activity 40180 Parts Room Operation Department 13 Project # (CIP only) N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year supply agreement with O'Reilly Auto Enterprises, LLC, dba O'Reilly Auto Parts as presented. LIST OF SUPPORTING DOCUMENTS: Purchase Agreement Co-op Price Sheet DocuSign Envelope ID: F3990BED-5831-4225-A06C-58AA8244B08E CUs > CO-OPERATIVE PURCHASE AGREEMENT NO. 5145 U Auto Parts for Fleet Maintenance fhaaaoRp�� 1852 THIS Auto Parts for Fleet Maintenance Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and O'Reilly Auto Enterprises, LLC, dba O'Reilly Auto Parts ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Auto Parts for Fleet Maintenance in accordance with its agreement with Sourcewell Contract # 032521-ORA (the "Co-operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Auto Parts for Fleet Maintenance in accordance with the attached Statement 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. 3. Term. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $80,000.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 DocuSign Envelope ID: F3990BED-5831-4225-A06C-58AA8244B08E City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers Bldg. 3B, Corpus Christi, TX 78415 Phone: 361-826-1959 Fax: 361-826-4394 IF TO CONTRACTOR: O'Reilly Auto Enterprises, LLC, dba O'Reilly Auto Parts Attn: Misty Burge Title: Bid Analyst II Address: 233 S. Patterson Ave., Springfield, Missouri 65802 Phone: 417-874-7200 Extension 10817 Fax: 417-874-7250 6. Entire Agreement. This Agreement, along with the Co-operative 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. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 DocuSign Envelope ID: F3990BED-5831-4225-A06C-58AA8244B08E CONTRACT0RuSigned by: Signature: MiSf tiw ou Printed Name: Misty Burge Bid Analyst II Title: Date: 9/27/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: 5145 Co-operative Purchase Agreement Standard Form Page 3 of 3 DocuSign Envelope ID: F3990BED-5831-4225-A06C-58AA8244B08E ogytTs_cr--�.. ATTACHMENT A: SCOPE OF WORK 1852 V A. Contractor shall provide filters, batteries, brakes, engine parts, body parts, supplies, and other automotive parts. B. Parts will be ordered on an as needed basis. C. In stock parts ordered before 2:00 pm shall be available for pick up the same business day. D. In stock parts ordered after 2:00 pm shall be available for pick up the next business day. E. Parts will be picked up between the hours of 8:00 am through 5:00 pm. To include Saturdays and holidays (except Easter Sunday, Thanksgiving Day, Christmas Day). F. Contractor shall have a bill of sale upon pick up. Page 1 of 1 DocuSign Envelope ID: F3990BED-5831-4225-A06C-58AA8244B08E ATTACHMENT B-QUOTE/PRICING SCHEDULE CITY OF CORPUS CHRISTI QUOTE FORM 1. Refer to Contract Terms and Conditions before completing quote. 2. Quote your best price, including freight, for each item. 3. In submitting this quote, Contractor certifies that the prices in this quote have been arrived at independently, without consultation, communication, or agreement with any other contractor or competitor, for the purpose of restricting competition with regard to prices. Invitation to quote, FOS Destination, Freight Included, on the following: ISI=SCR{PYTIONDESCRIPTION Automotive and Fleet Parts, Batteries, OEM parts, and Supplies 41 % off list pricing i COOP Contract # 032521-ORA - Not to Exceed T,OT AL- $80,000.00 COMPANY: O'Reilly Auto Enterprises, LLC dba O'Reilly Auto Parts NAME OF PERSON AUTHORIZED TO SIGN: Misty Burge__ ADDRESS: 233 S. Patterson Ave CITY /STATE/ZIP Springfield, MO 65802 PHONE:417-874-7200 ext 10817 EMAIL: probidsa-greillyauto.com FAX: 417-874.7250 DATE: 06/07/2023 _SIGNATURE: TITLE: Bid Analyst II 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. RFQ Revised4.19.2019 Page 1 of 1 City of Corpus Christi Price Sheet Contracts & Procurement Auto Parts for Fleet Buyer: Desirree Ortiz Sourcewell Contract 032521-ORA O'Reilly Auto Enterprises, LLC dba O'Reilly Auto Parts Springfield, Minesota Description Discount Automotive,Fleet Parts, Batteries, OEM 41% off list pricing Parts, and Supplies Not To Exceed Total $80,000.00 SC 0 0 v NCOkpOAAI Qtl AGENDA MEMORANDUM 1852 Resolution for the City Council Meeting October 31, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager Pete rz(a)cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and Community Development Danielmc(o-)-cctexas.com 361-826-7011 Directing Staff to Create a Municipal Service Plan for County Road 22 Annexation CAPTION: Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Road (CR) 22 from CR 51 to CR 43. SUMMARY: This resolution directs the Planning Department staff to prepare a plan to provide city services to a proposed annexation area, which is a 19.41-acre portion of County Road (CR) 22, located one mile south of FM 43, between CR 51 and CR 43 as authorized by the Nueces County Commissioner's Court. The annexation of CR 22 right-of-way will facilitate the annexation and development of two future residential subdivisions on CR 22. Staff recommends approval of this resolution. BACKGROUND AND FINDINGS: Nueces County requested annexation of a four-mile section of CR 22 between CR 43 and CR 51, totaling 19.41 acres of land. The purpose of Nueces County's annexation request is to extend the city limit line so that it reaches two proposed development sites. Once CR 22 is annexed into the City's limits, the two private properties will be made contiguous with the city limit line and the owners of those properties will be eligible, according to State law, to petition for City annexation. Superior H&H Development LLC, owner of the Charlotte Estates property at the southwest corner of CR 22 and CR 49, proposes to develop 111 half-acre single- family lots. LM & JM Investments LLC, owner of the London Ranch Estates property directly to the west of Charlotte Estates, proposes to build 108 half-acre single-family lots. Both subdivisions will use private septic systems and will connect to City water. Texas Local Government Code 43.065, which applies to the annexation of a road and right-of- way, requires that "before the publication of the notice of the first hearing required under Section 43.063, the governing body of the municipality proposing the annexation shall direct its planning department or other appropriate municipal departments to prepare a service plan that provides for the extension of full municipal services to the area to be annexed." The service plan will outline how the City will provide services to the right-of-way. The Service Plan for County Road 22 will be limited to street maintenance. Nueces County recently improved a portion of CR 22 west of SH 286 to CR 51 with asphalt pavement. ALTERNATIVES: Staff evaluated alternatives for creating "contiguity" for the properties, such as selecting different road rights-of-way that would reach the two petitioning properties. Such alternatives would have required the owners to work with additional neighboring property owners to create a connecting path to an existing City-limit boundary. After reviewing several proposed alternatives, the Nueces County Commissioners Court agreed to release the section of right-of-way now under consideration by the Council. FISCAL IMPACT: There is no immediate financial/fiscal impact associated with this resolution. In the future, the City will be responsible for funding road maintenance of this section of CR 22. RECOMMENDATION: Staff recommends approval of the resolution directing staff to prepare a municipal service plan for the annexation of County Road 22 from CR 51 to CR 43. LIST OF SUPPORTING DOCUMENTS: Resolution with Exhibit Map Presentation Nueces County Resolution Resolution directing the City's Planning Department to prepare a service plan for the annexation of County Road (CR) 22 from CR 51 to CR 43. WHEREAS, Nueces County has requested annexation of County right-of-way, being County Road (CR) 22 from CR 51 to CR 43, for the purpose of annexation per Texas Local Government Code §43.1055; and WHEREAS, Texas Local Government Code §43.065 requires the City Council to direct its planning department to prepare a service plan that provides for the extension of full municipal services to the areas to be annexed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council directs the City Planning Department to prepare a service plan that provides for the extension of full municipal services to the area to be annexed pursuant to Nueces County's request to annex road right-of-way for County Road (CR) 22 from CR 51 to CR 43, as shown in Exhibit A, attached. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 of 3 EXHIBIT A Metes & Bounds Description for County Road (CR) 22 from CR 51 to CR 43 An approximately 19.41-acre tract of land, more or less, out of Laureles Farm Tracts, recorded in Volume 3 Page 15 of the Map Records, Nueces County, Texas, as depicted in the accompanying map and more particularly described as follows: BEGINNING at a point at the intersection of the east right-of-way line of County Road (CR) 51 and the north right-of-way line of CR 22, for the northwest corner of the tract, THENCE east along the north right-of-way line of CR 22 to the intersection of the west right-of-way line of CR 43; THENCE south along the west right-of-way line of CR 43 to the intersection of the south right-of-way line of CR 22; THENCE west along the south right-of-way line of CR 22 to the east right-of-way line of CR 51 ; THENCE north along the east right-of-way line of CR 51 to the north right-of-way line of CR 22, the POINT OF BEGINNING. 2of3 Version 07.27.2023 s r1 i LUMA'., IL FM 43i WEBER RD cc w W FM 2444' ,.. Total Acreage: 19.41 ac. Total Square Footage:845,471 sq.ft. v m> Proposed Annexation Exhibit A i Accompanying Map ® City Limps City of Corpus Christi 0 0,25 0.5 1 Miles I i i i l i I I l _— �ITGIS7eanxfOxumenM/Oevehpnerx5eneces(Maps/Plann�G�eral 3of3 County of Nueces ROBERTO G. HERNANDEZ JOHN MAREZ Commissioner Commissioner Precinct I Precinct 3 JOE A. GONZALEZ CONNIE SCOTT BRENT CHESNEY Commissioner County.fudge Commissioner Precinct 2 Nueces County Courthouse,Room 303 Precinct 4 901 Leopard Street Corpus Christi,Texas 78401-3697 COMMISSIONERS COURT RESOLUTION "Requesting the City of Corpus Christi, Texas to Annex Road and Rights-of Way of a Section of County Road 22" WHEREAS, pursuant to Texas Local Government Code §43.1055, notwithstanding any other law, a municipality may annex a road right-of-way on request of the governing body of the political subdivision that maintains the right-of-way; and WHEREAS,Nueces County, Texas maintains the rights-of-way of County Road 22. NOW, THEREFORE, BE IT RESOLVED, BY THE COMMISSIONERS COURT OF NUECES COUNTY, TEXAS,TO WIT: Section I. That the Nueces County Commissioners Court does hereby formally request the City of Corpus Christi, Texas to annex those sections of County Road 22 road and rights-of-way, being a 19.41-acre tract of land, more or less, as described in the Property Description and Map in Exhibit A and Exhibit B, respectively, which exhibits are attached hereto and incorporated herein for all purposes. Section 2... That this Resolution shall be effective immediately upon adoption. DULY ADOPTED BY VOTE OF THE COMMISSIONERS COURT OF NUECES COUNTY,TEXAS, ON THIS THE 17TH DAY OF AUGUST, 2023. b CO NIE S , County Judge OBERTO G. tfkANANDEZ 5\oNE0 J HN AREZ Commissioner, Precinct 1 � ',w `0 dnmissi ier, ecinct 3 r JOE A. GO Z BRENT CHESN Commissio r, P cinct 2 ATTEST: Commissioner, Pre ' ct 4 Aa RA SANDS, my Cler, 20230482-8117 Exhibit A Property Description for Portion of Nueces County Road Right-of-Way Requested to be Released for Annexation 7.26.23 Portions of County Road 22 An approximately 19.41- acre tract of land, more or less, out of Laureles Farm Tracts, recorded in Volume 3 Page 15 of the Map Records, Nueces County, Texas, as depicted in the attached Exhibit A and more particularly described as follows: BEGINNING at a point at the intersection of the east right-of-way line of County Road (CR) 51 and the north right-of-way line of CR 22, for the northeast corner of the tract, THENCE east along the north right-of-way line of CR 22 to the intersection of the west right-of-way line of CR 43; THENCE south along the west right-of-way line of CR 43 to the intersection of the south right-of-way line of CR22; THENCE west along the south right-of-way line of CR 22 to the east right-of-way line of CR 51; THENCE north along the east right-of-way line of CR 51 to the north right-of-way line of CR 22, the POINT OF BEGINNING. !L■ U7 ^ 7 uj.A LOT 0 4�� 4' Nt ry ,• s ¢w � w�'� err u•G 6�" � .,R 'sem " ' �5 r"' �'."'; 4t a L U� �y.y 4 "N �1" • 4 j A s O 'nil .w 4i JnE p, r '';. l ' �6 n }� Q '_l fZ V El Ira Ln " N 46� I 1 t0 ^ i r w ;.y y 70 ° pri k 1 " IM 20230482-8117 y Resolution Directing Staff to Prepare a Municipal Service Plan for the Annexation of a Portion of County Road 22 (19.41 acres) City Council Presentation October 31, 2023 i T Jb ee�a ffip T � � 4 y. Vicinity Map for Section of CR 22 EBER .fin fi7 .............. ^ � • f Adjacent Properties The purpose of annexing a section of County Road 22 is BER RD to extend the City limit line to .w two properties located at the FMITS - southwest corner of CR 22 and CR 49,which are owned by Superior H&H w "' Development,LLC,and LM&JM Investments,LLC. Proposed Annexation Schedule • November 2023: Hold public hearings for the potential annexation of CR 22 right-of-way • December 2023: Hold a public hearing for an Ordinance annexing CR 22 right-of-way and two adjacent subdivision properties (Charlotte Estates and London Ranch Estates) Background • Texas Local Government Code section 43.1055 provides a process for a city to annex street right-of-way (ROW) upon the request of whoever owns/maintains the ROW. • This resolution is the first step in the process of annexing a section of CR 22 from CR 51 to CR 43. Upon approval, staff will prepare a plan to provide municipal services for CR 22. • No decision to annex CR 22 or any adjacent property is requested today. Staff Recommendation Approval of the resolution directing staff to prepare a service plan for CR 22 from CR 51 east to CR 43. so �o o� A H AGENDA MEMORANDUM First Reading for the City Council Meeting of October 31, 2023 µoRPORPg4 1852 Second Reading for the City Council Meeting of November 14, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and appropriating funds from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department CAPTION: Ordinance authorizing acceptance of grant funds in an amount of$116,500.00 from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of $116,500.00. SUMMARY: The purpose of the Local Border Security Grant program is to sustain interagency law enforcement operations and to enhance local law enforcement patrols that facilitate directed actions to deter and interdict criminal activity while assisting in the execution of coordinated border security operations. The operations take place within the city limits and extraterritorial jurisdiction of Corpus Christi. BACKGROUND AND FINDINGS: The Corpus Christi Police Department(CCPD)will deploy officers on an overtime basis to conduct direct actions and operations within the city limits and extraterritorial jurisdiction (ETJ) targeting known drug, currency, and human trafficking routes operating in the South Texas area to points north (ETJ extends five miles out from the City's boundaries). The purpose of this effort is to reduce border-related criminal activity, decrease the supply of drugs smuggled into and through Texas from Mexico, and disrupt and deter operations of gang and cartel criminal organizations. The grant funding provides for overtime and retirement for four sworn officers for three hours per day, three days per week, for 40 weeks. Funding is available from October 1, 2023 through September 30, 2024. The City has received this grant since 2008. For FY 2023, the City received $94,500.00 from this grant. ALTERNATIVES: The alternative is not to accept the grant and, therefore, lose the ability to provide enhanced enforcement for known drug, currency, and human trafficking routes operating with the city limits and ETJ. CCPD did not budget these funds in the approved FY 2024 General Fund Budget. FISCAL IMPACT: The Local Border Security Program (LBSP) Grant in the amount of$116,500.00 will increase the Police Grants Revenue for the LBSP Program. There is no required City match for this grant. Funding Detail Fund 1061 Police Grants Fund Activity: 822824S Department: 29 Project # (CIP Only): N/A Account: 510200—Overtime Amount: $93,789.99 Account: 511000— Retirement Amount: $22,710.01 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Statement of grant award Ordinance Ordinance authorizing acceptance of grant funds in an amount of $116,500.00 from the Office of the Governor Homeland Security Grants Division for the Corpus Christi Police Department to provide funding for overtime and retirement funds for four sworn officers eligible under the FY 2024 Local Border Security Program Grant; and appropriating funds in the amount of$116,500.00. 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 funding in the amount of $116,500.00 from the Officer of the Governor Homeland Security Grants Division for the FY2024 Local Border Security Grant Program for overtime and retirement funds for four sworn officers. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $116,500.00 is appropriated in the No. 1061 Police Grants Fund from the Officer of the Governor Homeland Security Grants Division for the FY2024 Local Border Security Grant Program described in Section 1 . SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Officer of the Governor Homeland Security Grants Division in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Statement of Grant Award(SOGA) The Statement of Grant Award is the official notice of award from the Office of the Governor(OOG).This Grant Agreement and all terms, conditions,provisions and obligations set forth herein shall be binding upon and shall inure to the benefit of the Parties and their respective successors and assigns and all other State of Texas agencies and any other agencies,departments, divisions,governmental entities,public corporations, and other entities which shall be successors to each of the Parties or which shall succeed to or become obligated to perform or become bound by any of the covenants, agreements or obligations hereunder of each of the Parties hereto. The approved project narrative and budget for this award are reflected in cGrants on the`Narrative'and`Budget/Details'tabs. By accepting the Grant Award in eGrants,the Grantee agrees to strictly comply with the requirements and obligations of this Grant Agreement including any and all applicable federal and state statutes,regulations,policies,guidelines and requirements.In instances where conflicting requirements apply to a Grantee,the more restrictive requirement applies. The Grant Agreement includes the Statement of Grant Award;the OOG Grantee Conditions and Responsibilities;the Grant Application in eGrants; and the other identified documents in the Grant Application and Grant Award,including but not limited to:2 CFR Part 200,Uniform Administrative Requirements, Cost Principles,and Audit Requirements for Federal Awards;Chapter 783 of the Texas Government Code,Title 34,Part 1,Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code, and the Texas Grant Management Standards (TxGMS)developed by the Comptroller of Public Accounts;the state Funding Announcement or Solicitation under which the grant application was made, and for federal funding,the Funding Announcement or Solicitation under which the OOG was awarded funds; and any applicable documents referenced in the documents listed above.For grants awarded from the U.S. Department of Justice,the current applicable version of the Department of Justice Grants Financial Guide and any applicable provisions in Title 28 of the CFR apply.For grants awarded from the Federal Emergency Management Agency(FEMA), all Information Bulletins and Policies published by the FEMA Grants Program Directorate apply.The OOG reserves the right to add additional responsibilities and requirements,with or without advance notice to the Grantee. By clicking on the'Accept'button within the'Accept Award'tab,the Grantee accepts the responsibility for the grant project, agrees and certifies compliance with the requirements outlined in the Grant Agreement,including all provisions incorporated herein,and agrees with the following conditions of grant funding. The grantee's funds will not be released until the grantee has satisfied the requirements of the following Condition(s) of Funding and Other Fund-Specific Requirement(s),if any, cited below: Grant Number: 3404807 Award Amount: $116,500.00 Date Awarded: 9/26/2023 Grantee Cash Match: $0.00 Grant Period: 09/01/2023 -08/31/2024 Grantee In Kind Match: $0.00 Liquidation Date: 11/29/2024 Grantee GPI: $0.00 Program Fund: BL-Local Border Security Program(LBSP) Total Project Cost: $116,500.00 Grantee Name: Corpus Christi,City of Project Title: Local Border Security Program Grant Manager: Lynne Crow Unique Entity Identifier(UEI): XETBTPKCL895 CFDA: N/A Federal Awarding Agency: N/A- State Funds Federal Award Date: NIA- State Funds Federal/State Award ID 2024-BL-ST 0016 Number: Total Federal Award/State $5,100,000.00 Funds Appropriated: Pass Thru Entity Name: Texas Office of the Governor—Homeland Security Grants Division(HSGD) Is the Award R&D: No Federal/State Award Grants for local law enforcement agencies to support Operation Border Star.The grant funds Description: may also support the humane processing of remains of undocumented migrants,when specifically awarded for that purpose. so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading for the City Council Meeting of October 31, 2023 1852 Second Reading for the City Council Meeting of November 14, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Accepting and Appropriating funds from the Department of Justice, Bureau of Justice Assistance for the FY 2023 Edward Byrne Justice Assistance Grant Award for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Department of Justice, Office of Justice Programs, Bureau of Justice Assistance, in an amount of $227,389.00 for the FY 2023 Edward Byrne Memorial Justice Assistance Grant program for the Corpus Christi Police Department; and appropriating $227,389.00 in the Police Grants Fund with $113,694.00 to be distributed to Nueces County based on an interlocal agreement and the remaining $113,695.00 to be used by the City. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of funds from the Bureau of Justice Assistance for the purchase of equipment to enhance law enforcement efforts. BACKGROUND AND FINDINGS: The JAG funds are based on Part 1 violent crimes reported by the City and County. The City reports a greater amount of Part 1 crimes than the Nueces County, yet Nueces County is responsible for providing criminal justice services such as incarceration and prosecution for the City. Because of this, the City has agreed to split the funds with Nueces County. The agreement between the City and Nueces County to split the funds received by the City from the Edward Byrne Memorial Justice Assistance Grant Program has been in place since 2008. Under the Justice Assistance Grant (JAG), Corpus Christi was declared a disparate jurisdiction in 2008 by the Department of Justice. Jurisdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to the United State Department of Justice's Office of Justice Programs, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and Nueces County have agreed that the City will serve as the lead agency, as has been the case in the past. The City and Nueces County agree to enter into a new interlocal agreement each year when beginning the JAG application process. The interlocal agreements are specific to each JAG grant's particular requirements. Nueces County Commissioners Court approved the interlocal agreement on August 9, 2023. The City will use the funds received from this grant to partially fund year two of the five-year lease agreement between the City and Axon Enterprise, Inc. for 445 tasers, supplies, software licenses, and training for the Corpus Christi Police Department. The five-year lease agreement between the City and Axon Enterprise, Inc. was approved by the City Council on September 13, 2022. The City used a combination of funds from the Crime Control and Prevention District and the FY 2022 Edward Byrne Memorial Justice Assistance Grant to fund the first year of the five-year lease agreement between the City and Axon Enterprise, Inc. The remaining three years of the five-year lease agreement between the City and Axon Enterprise, Inc. are expected to be paid by this grant as it is received each year. With this award, the program has provided a total of$6,375,658.00 in grant funds to the City since the program began in 1996. The funds have previously been used to purchase vehicles and other law enforcement equipment. The 2022 JAG grant amount received was $206,608 and was split in half between the City and the County, per the interlocal agreement. ALTERNATIVES: The alternative is not to apply for the grant which will result in the City not receiving the potential grant funds in order to partially fund year two of the five-year lease agreement between the City and Axion Enterprise, Inc. It will also result in the City not entering into the interlocal agreement with Nueces County in order for the City split the funds received from the grant with Nueces County for their work in providing criminal justice services such as incarceration and prosecution for the City. FISCAL IMPACT: The fiscal impact in FY 2024 is the acceptance of grant funds in an amount of$227,389.00 and appropriating $227,389.00 to the Police Grants Fund. There is no required match funding. Due to an interlocal agreement $113,694.00 will be distributed to Nueces County and the remaining $113,695.00 to be used by the City for the purchase of tasers. Funding Detail Fund 1061 Police Grants Fund Activity: 822840F Department: 29 Project # (CIP Only): N/A Account: 520090 Amount: $227,389.00 RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Statement of grant award Ordinance authorizing acceptance of a grant from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $227,389.00; appropriating funds in the amount of$227,289.00 to the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of$227,389.00 from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. SECTION 2. The City of Corpus Christi designates the Chief of Police as the City's authorized official. The authorized official is given the power to apply for, accept, reject, alter, or terminate the funding on behalf of the applicant agency. SECTION 3. That $227,389.00 is appropriated in the No. 1061 Police Grants Fund from the Department of Justice FY 23 Edward Byrne Memorial Justice Assistance Grant Program described in Section 1 . SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned to the Department of Justice in full. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Department of Justice (DOJ) Office of Justice Programs Bureau of Justice Assistance Washington, D.C. 20531 Name and Address of Recipient: CORPUS CHRISTI, CITY OF 1201 LEOPARD ST City, State and Zip: CORPUS CHRISTI, TX 78401 (Recipient UEL XETBTPKCL895 Project Title: City of Corpus Christi FY 23 Edward Byrne Memorial Justice Assistance Frdumber: 15PBJA-23-GG-03841-JAGX Grant Solicitation Title: BJA FY 23 Edward Byrne Memorial Justice Assistance Grant(JAG) Program - Local Solicitation Federal Award Amount: $227,389.00 Federal Award Date: 9/26/23 Awarding Agency: Office of Justice Programs Bureau of Justice Assistance Funding Instrument Type: Grant Opportunity Category: D Assistance Listing: 16.738 - Edward Byrne Memorial Justice Assistance Grant Program Project Period Start Date: 10/1/22 Project Period End Date: 9/30/26 Budget Period Start Date: 10/1/22 Budget Period End Date: 9/30/26 Project Description: The City of Corpus Christi, Police Department and the Nueces County Sheriff's Office are applying for the Edward Byrne Memorial Justice Assistance Grant(JAG)Program FY 2015 Local Solicitation. The City of Corpus Christi is serving as the lead fiscal agent as the jurisdictions have been declared disparate. The funds have been equally distributed between each agency. The City of Corpus Christi will purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. Nueces County proposes to address crime through the provision of services by improving the effectiveness and efficiency of its criminal justice system through the District Attorneys Office equipment and supplies and the Sheriffs Office law enforcement system through training/educational opportunities for officers. The goal of the grant for both Nueces County and the City of Corpus Christi is to improve the effectiveness and efficiency of the criminal justice system through officer training, equipment, and enhancements to the District Attorneys Office. Page: 1 of 23 Award Letter September 26, 2023 Dear Pat Eldridge, On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform you the Office of Justice Programs (OJP) has approved the application submitted by CORPUS CHRISTI, CITY OF for an award under the funding opportunity entitled 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation. The approved award amount is $227,389. Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information, Financial Information, and Award Conditions) and Award Acceptance. For COPS Office and OVW funding the Award Offer also includes any Other Award Documents. Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but also compliance with assurances and certifications that relate to conduct during the period of performance for the award. These requirements encompass financial, administrative, and programmatic matters, as well as other important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award conditions, the assurances and certifications, and the application as approved by OJP, so that they understand the award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of the award. Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate remedies for non-compliance, which may include termination of the award and/or a requirement to repay award funds. Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority to accept awards and bind the entity to the award terms and conditions. To accept the award, the Authorized Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by executing the required declaration and certification, within 45 days from the award date. To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system, if you haven't already completed the enrollment process in ASAP. The Entity Administrator should have already received an email from ASAP to initiate this process. Congratulations, and we look forward to working with you. Maureen Henneberg Deputy Assistant Attorney General Office for Civil Rights Notice for All Recipients The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ) has been delegated the responsibility for ensuring that recipients of federal financial assistance from the OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require recipients of federal financial assistance to give assurances that they will comply with those laws. Taken together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from discriminating in services and employment because of race, color, national origin, religion, disability, sex, and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity. Recipients are also prohibited from discriminating in services because of age. For a complete review of these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see https://ojp.gov/funding/ Exp lore/LegalOverview/Civil Rig htsRequirements.htm. Under the delegation of authority, the OCR investigates allegations of discrimination against recipients from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits based on regulatory criteria. Page: 2 of 23 These reviews and audits permit the OCR to evaluate whether recipients of financial assistance from the Department are providing services in a nondiscriminatory manner to their service population or have employment practices that meet equal-opportunity standards. If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system, there are two additional obligations that may apply in connection with the awards: (1) complying with the regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42, subpart E, and for additional information regarding requirements when there is an adverse finding, see 28 C.F.R. §§ 42.204(c), .205(c)(5). The OCR is available to help you and your organization meet the civil rights requirements that are associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not hesitate to contact the OCR at askOCR@ojp.usdoj.gov. Memorandum Regarding NEPA NEPA Letter Type OJP - Ongoing NEPA Compliance Incorporated into Further Developmental Stages NEPA Letter The Edward Byrne Memorial Justice Assistance Grant Program (JAG) allows states and local governments to support a broad range of activities to prevent and control crime and to improve the criminal justice system, some of which could have environmental impacts. All recipients of JAG funding must assist BJA in complying with NEPA and other related federal environmental impact analyses requirements in the use of grant funds, whether the funds are used directly by the grantee or by a subgrantee or third party.? Accord ingly,?prior to obligating?funds for any of the specified activities, the grantee must first determine if any of the specified activities will be?funded by the grant. The specified activities requiring environmental analysis are: a. New construction; b. Any renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c.? A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d.? Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. Complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. Further, for programs relating to methamphetamine laboratory operations, the preparation of a detailed Mitigation Plan will be required. For more information about Mitigation Plan requirements, please see https://www.bja.gov/Funding/nepa.html. NEPA Coordinator Page: 3 of 23 First Name Last Name Orbin Middle Name Terry Award Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Recipient Information Recipient Name CORPUS CHRISTI, CITY OF UEI XETBTPKCL895 Street 1 1201 LEOPARD ST Street 2 City State/U.S. Territory CORPUS CHRISTI Texas Zip/Postal Code Country 78401 United States County/Parish Province Award Details Federal Award Date Award Type 9/26/23 Initial Award Number Supplement Number 15PBJA-23-GG-03841-JAGX 00 Federal Award Amount Funding Instrument Type $227,389.00 Grant Assistance Listing Assistance Listings Program Title Number 16.738 Edward Byrne Memorial Justice Assistance Grant Program Statutory Authority Title I of Public Law 90-351 (generally codified at 34 U.S.C. 10101-10726), including subpart 1 of part E (codified at 34 U.S.C. 10151-10158); see also 28 U.S.C. 530C(a) I have read and understand the information presented in this section of the Federal Award Instrument. Page: 4 of 23 Project Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. Solicitation Title Awarding Agency OJP 2023 BJA FY 23 Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Local Solicitation Program Office BJA Application Number GRANT13962296 ,Grant Manager Name Linda Hill-Franklin Phone Number 202-514-0712 E-mail Address Linda.Hill-Franklin@usdoj.gov Project Title City of Corpus Christi FY 23 Edward Byrne Memorial Justice Assistance Grant Performance Period Start Date Performance Period End Date 10/01/2022 09/30/2026 Budget Period Start Date Budget Period End Date 10/01/2022 09/30/2026 Project Description The City of Corpus Christi, Police Department and the Nueces County Sheriff's Office are applying for the Edward Byrne Memorial Justice Assistance Grant(JAG)Program FY 2015 Local Solicitation. The City of Corpus Christi is serving as the lead fiscal agent as the jurisdictions have been declared disparate. The funds have been equally distributed between each agency. The City of Corpus Christi will purchase law enforcement equipment to improve officer safety and efficiency through technology and software enhancements. Nueces County proposes to address crime through the provision of services by improving the effectiveness and efficiency of its criminal justice system through the District Attorneys Office equipment and supplies and the Sheriffs Office law enforcement system through training/educational opportunities for officers. The goal of the grant for both Nueces County and the City of Corpus Christi is to improve the effectiveness and efficiency of the criminal justice system through officer training, equipment, and enhancements to the District Attorneys Office. [l 1 have read and understand the information presented in this section of the Federal Award Instrument. Page: 5 of 23 Financial Information This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. I I have read and understand the information presented in this section of the Federal Award Instrument. Award Conditions This award is offered subject to the conditions or limitations set forth in the Award Information, Project Information, Financial Information, and Award Conditions. 1 Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards Consistent with Executive Order 14074, "Advancing Effective, Accountable Policing and Criminal Justice Practices To Enhance Public Trust and Public Safety," OJP has prohibited the use of federal funds under this award for purchases or transfers of specified equipment by law enforcement agencies. In addition, OJP requires the recipient, and any subrecipient ("subgrantee") at any tier, to put in place specified controls prior to using federal funds under this award to acquire or transfer any property identified on the "controlled equipment" list. The details of the requirement are posted on the OJP web site at https://www.ojp.gov/funding/explore/prohibited-and-controlled-equipment (Award condition: Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards), and are incorporated by reference here. 2 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs." 3 Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees) The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41 U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant. The recipient also must inform its employees, in writing (and in the predominant native language of the workforce), of employee rights and remedies under 41 U.S.C. 4712. Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance. 4 Applicability of Part 200 Uniform Requirements The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply to this FY Page: 6 of 23 2022 award from OJP. The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental award) that are obligated on or after the acceptance date of this FY 2022 award. For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part2000niformRequirements.htm. Record retention and access: Records pertinent to the award that the recipient (and any subrecipient ("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in addition to the financial records, supporting documents, statistical records, and other pertinent records indicated at 2 C.F.R. 200.334. In the event that an award-related question arises from documents or other materials prepared or distributed by OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform Requirements, the recipient is to contact OJP promptly for clarification. 5 Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings, and other events The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations, policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such conferences. Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the DOJ Grants Financial Guide (currently, as section 3.10 of"Postaward Requirements" in the "DOJ Grants Financial Guide"). 6 Requirement for data on performance and effectiveness under the award The recipient must collect and maintain data that measure the performance and effectiveness of work under this award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the program solicitation or other applicable written guidance. Data collection supports compliance with the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other applicable laws. 7 Compliance with DOJ Grants Financial Guide References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm), including any updated version that may be posted during the period of performance. The recipient agrees to comply with the DOJ Grants Financial Guide. 8 Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various "general provisions" in the Consolidated Appropriations Act, 2022, are set out at https://www.ojp.gov/funding/Explore/ FY22AppropriationsRestrictions.htm, and are incorporated by reference here. Page: 7 of 23 Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 9 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements regarding written notice to program beneficiaries and prospective program beneficiaries. Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient ("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and requirements that pertain to recipients and subrecipients that are faith-based or religious organizations. The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at https:/ /www.ecfr.gov/cgi-bin/EGFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part 38, under e-CFR "current" data. 10 Effect of failure to address audit issues The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold award funds, or may impose other related requirements, if(as determined by the DOJ awarding agency) the recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200 Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with audits, investigations, or reviews of DOJ awards. 11 Requirements of the award; remedies for non-compliance or for materially false statements The conditions of this award are material requirements of the award. Compliance with any assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance also is a material requirement of this award. Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled "Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-AwardRegts.htm), and incorporated by reference into the award. By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official, all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance. Failure to comply with one or more award requirements --whether a condition set out in full below, a condition incorporated by reference below, or an assurance or certification related to conduct during the award period -- may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may take other legal action as appropriate. Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C. 1001 and/or 1621, Page: 8 of 23 and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812). Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law. Should it be held, instead, that the provision is utterly invalid or-unenforceable, such provision shall be deemed severable from this award. 12 Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28 C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to an equal employment opportunity program. 13 Requirements related to "de minimis" indirect cost rate A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total direct costs (MTDC) as defined by the Part 200 Uniform Requirements. 14 Employment eligibility verification for hiring under the award 1. The recipient (and any subrecipient at any tier) must-- A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1). B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities under this award of both-- (1) this award requirement for verification of employment eligibility, and (2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United States, to hire (or recruit for employment) certain aliens. C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1). D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements), maintain records of all employment eligibility verifications pertinent to compliance with this award condition in accordance with Form 1-9 record retention requirements, as well as records of all pertinent notifications and trainings. 2. Monitoring The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition. 3. Allowable costs To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this condition. Page: 9 of 23 4. Rules of construction A. Staff involved in the hiring process For purposes of this condition, persons "who are or will be involved in activities under this award" specifically includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award funds. B. Employment eligibility confirmation with E-Verify For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation") to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in whole or in part) with award funds. C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the United States, and the Commonwealth of the Northern Mariana Islands. D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier, or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination law. E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8 U.S.C. 1324a(a)(1). Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-Verify at E- VerifyEmployerAgent@dhs.gov. Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance. 15 OJP Training Guiding Principles Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier-- develops or delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-subgrantees. 16 Determination of suitability to interact with participating minors SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an associated federal statute -- that a purpose of some or all of the activities to be carried out under the award (whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age. The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals may interact with participating minors. This requirement applies regardless of an individual's employment status. The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may interact with participating minors), and are incorporated by reference here. 17 Potential imposition of additional requirements Page: 10 of 23 The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is designated as "high- risk" for purposes of the DOJ high-risk grantee list. 18 Required training for Grant Award Administrator and Financial Manager The Grant Award Administrator and all Financial Managers for this award must have successfully completed an "OJP financial management and grant administration training" by 120 days after the date of the recipient's acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the period of performance, the new Grant Award Administrator or Financial Manager must have successfully completed an "OJP financial management and grant administration training" by 120 calendar days after the date the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition. A list of OJP trainings that OJP will consider"OJP financial management and grant administration training" for purposes of this condition is available at https://onlinegfmt.training.ojp.gov/. All trainings that satisfy this condition include a session on grant fraud prevention and detection. The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate conditions on this award. 19 Restrictions and certifications regarding non-disclosure agreements and related matters No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or subcontract with any funds under this award, may require any employee or contractor to sign an internal confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative of a federal department or agency authorized to receive such information. The foregoing is not intended, and shall not be understood by the agency making this award, to contravene requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates to sensitive compartmented information), or any other form issued by a federal department or agency governing the nondisclosure of classified information. 1. In accepting this award, the recipient-- a. represents that it neither requires nor has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement contracts, or both-- a. it represents that-- (1) it has determined that no other entity that the recipient's application proposes may or will receive award funds (whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract) either Page: 11 of 23 requires or has required internal confidentiality agreements or statements from employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from reporting waste, fraud, or abuse as described above; and (2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation; and b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives funds under this award is or has been requiring its employees or contractors to execute agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide prompt written notification to the federal agency making this award, and will resume (or permit resumption of) such obligations only if expressly authorized to do so by that agency. 20 Reclassification of various statutory provisions to a new Title 34 of the United States Code On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S. Code. Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as reclassified to Title 34. This rule of construction specifically includes references set out in award conditions, references set out in material incorporated by reference through award conditions, and references set out in other award requirements. 21 Requirement to report actual or imminent breach of personally identifiable information (PII) The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes, stores, maintains, disseminates, discloses, or disposes of"Personally Identifiable Information (PII)" (2 CFR 200.1) within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or imminent breach of PH to an OJP Program Manager no later than 24 hours after an occurrence of an actual breach, or the detection of an imminent breach. 22 Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of DOJ If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time during the course of the period of performance under this award, the recipient must disclose that fact and certain related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure, high risk includes any status under which a federal awarding agency provides additional oversight due to the recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the federal awarding agency. 23 Encouragement of policies to ban text messaging while driving Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed. Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this award, and to establish workplace safety policies and conduct education, awareness, and other outreach to decrease crashes caused by distracted drivers. Page: 12 of 23 24 All subawards ("subgrants") must have specific federal authorization The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement "contract"). The details of the requirement for authorization of any subaward are posted on the OJP web site at https://ojp.gov/ funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must have specific federal authorization), and are incorporated by reference here. 25 Specific post-award approval required to use a noncompetitive approach in any procurement contract that would exceed $250,000 The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to obtain specific advance approval to use a noncompetitive approach in any procurement contract that would exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore does not consider a subaward). The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract under an OJP award are posted on the OJP web site at https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and are incorporated by reference here. 26 Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements and OJP authority to terminate award) The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements (including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons, whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this condition) as "employees" of the recipient or of any subrecipient. The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition: Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting requirements and OJP authority to terminate award)), and are incorporated by reference here. 27 Requirement to report potentially duplicative funding If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of federal funds during the period of performance for this award, the recipient promptly must determine whether funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one or more of the identical cost items for which funds are provided under this award. If so, the recipient must promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication, and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding. 28 Reporting potential fraud, waste, and abuse, and similar misconduct Page: 13 of 23 The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor, subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest, bribery, gratuity, or similar misconduct. Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington, DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at (202) 616-9881 (fax). Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline. 29 Requirements related to System for Award Management and Universal Identifier Requirements The recipient must comply with applicable requirements regarding the System for Award Management (SAM), currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with SAM, as well as maintaining the currency of information in SAM. The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients (first- tier"subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the recipient) the unique entity identifier required for SAM registration. The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and Universal Identifier Requirements), and are incorporated by reference here. This condition does not apply to an award to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 30 Restrictions on "lobbying" In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal, modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be barred by law.) Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing, extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an exception that applies to Indian tribes and tribal organizations. Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed without the express prior written approval of OJP. 31 Justice Information Sharing Information sharing projects funded under this award must comply with DOJ's Global Justice Information Sharing Initiative (Global) guidelines. The recipient (and any subrecipient at any tier) must conform to the Global Standards Page: 14 of 23 Package (GSP) and all constituent elements, where applicable, as described at: https:// it.ojp.gov/gsp_grantcondition. The recipient (and any subrecipient at any tier) must document planned approaches to information sharing and describe compliance with the GSP and appropriate privacy policy that protects shared information, or provide detailed justification for why an alternative approach is recommended. 32 Avoidance of duplication of networks To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions, such systems shall employ, to the extent possible, existing networks as the communication backbone to achieve interstate connectivity, unless the recipient can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 33 Law enforcement task forces - required training Within 120 days of award acceptance, each current member of a law enforcement task force funded with award funds who is a task force commander, agency executive, task force officer, or other task force member of equivalent rank, must complete required online (internet-based) task force training. Additionally, all future task force members must complete this training once during the period of performance for this award, or once every four years if multiple OJP awards include this requirement. The required training is available free of charge online through the BJA-funded Center for Task Force Integrity and Leadership (www.ctfli.org). The training addresses task force effectiveness, as well as other key issues including privacy and civil liberties/rights, task force performance measurement, personnel selection, and task force oversight and accountability. If award funds are used to support a task force, the recipient must compile and maintain a task force personnel roster, along with course completion certificates. Additional information regarding the training is available through BJA's web site and the Center for Task Force Integrity and Leadership (www.ctfli.org). 34 Required monitoring of subawards The recipient must monitor subawards under this award in accordance with all applicable statutes, regulations, award conditions, and the DOJ Grants Financial Guide, and must include the applicable conditions of this award in any subaward. Among other things, the recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of award funds by subrecipients. The recipient agrees to submit, upon request, documentation of its policies and procedures for monitoring of subawards under this award. 35 Any written, visual, or audio publications funded in whole or in part under this award, with the exception of press releases, shall contain the following statements: "This project was supported by Grant No. <AWARD_NUMBER> awarded by the Bureau of Justice Assistance. The Bureau of Justice Assistance is a component of the Department of Justice's Office of Justice Programs, which also includes the Bureau of Justice Statistics, the National Institute of Justice, the Office of Juvenile Justice and Delinquency Prevention, the Office for Victims of Crime, and the SMART Office. Points of view or opinions in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice." The current edition of the DOJ Grants Financial Guide provides guidance on allowable printing and publication activities. 36 Any Web site that is funded in whole or in part under this award must include the following statement on the home page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the user to interior content), and on any pages from which a visitor may access or use a Web-based service, including any pages that provide results or outputs from the service: "This Web site is funded in whole or in part through a grant from the Page: 15 of 23 Bureau of Justice Assistance, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)." The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the statement. 37 Verification and updating of recipient contact information The recipient must verify its Grant Award Administrator, Financial Manager, and Authorized Representative contact information in JustGrants, including telephone number and e-mail address. If any information is incorrect or has changed, the award recipient's Entity Administrator must make changes to contact information through DIAMD. Instructions on how to update contact information in JustGrants can be found at https://justicegrants.usdoj.gov/training/ training-entity-management. 38 Compliance with National Environmental Policy Act and related statutes Upon request, the recipient (and any subrecipient at any tier) must assist BJA in complying with the National Environmental Policy Act (NEPA), the National Historic Preservation Act, and other related federal environmental impact analyses requirements in the use of these award funds, either directly by the recipient or by a subrecipient. Accordingly, the recipient agrees to first determine if any of the following activities will be funded by the grant, prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the award, the recipient agrees to contact BJA. The recipient understands that this condition applies to new activities as set out below, whether or not they are being specifically funded with these award funds. That is, as long as the activity is being conducted by the recipient, a subrecipient, or any third party, and the activity needs to be undertaken in order to use these award funds, this condition must first be met. The activities covered by this condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area, including properties located within a 100-year flood plain, a wetland, or habitat for endangered species, or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation, lease, or any proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or education environments; and e. Implementation of a program relating to clandestine methamphetamine laboratory operations, including the identification, seizure, or closure of clandestine methamphetamine laboratories. The recipient understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement, as directed by BJA. The recipient further understands and agrees to the requirements for implementation of a Mitigation Plan, as detailed at https://bja.gov/Funding/nepa.html, for programs relating to methamphetamine laboratory operations. Application of This Condition to Recipient's Existing Programs or Activities: For any of the recipient's or its subrecipients' existing programs or activities that will be funded by these award funds, the recipient, upon specific request from BJA, agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 39 Page: 16 of 23 Recipients utilizing award funds for forensic genealogy testing must adhere to the United States Department of Justice Interim Policy Forensic Genealogical DNA Analysis and Searching (https://www.justice.gov/olp/page/file/l 204386/ download), and must collect and report the metrics identified in Section IX of that document to BJA. 40 Establishment of trust fund If award funds are being drawn down in advance, the recipient (or a subrecipient, with respect to a subaward) is required to establish a trust fund account. Recipients (and subrecipients) must maintain advance payments of federal awards in interest-bearing accounts, unless regulatory exclusions apply (2 C.F.R. 200.305(b)(8)). The trust fund, including any interest, may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program (JAG). The recipient also agrees to obligate the award funds in the trust fund (including any interest earned) during the period of performance for the award and expend within 90 days thereafter. Any unobligated or unexpended funds, including interest earned, must be returned to OJP at the time of closeout. 41 All State and Local JAG recipients must submit quarterly Federal Financial Reports (SF-425). Additionally, State JAG and Local JAG Category Two ($25K or more) must submit semi-annual performance reports through JustGrants and Local JAG Category One (Less than $25K) must submit annual performance reports through JustGrants. Consistent with the Department's responsibilities under the Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, the recipient must provide data that measure the results of its work. The recipient must submit quarterly performance metrics reports through BJA's Performance Measurement Tool (PMT) website: https:// bjapmt.ojp.gov/. For more detailed information on reporting and other JAG requirements, refer to the JAG reporting requirements webpage (https://bjapmt.ojp.gov/help/jagdocs.html). Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 42 Required data on law enforcement agency training Any law enforcement agency receiving direct or sub-awarded funding from this JAG award must submit quarterly accountability metrics data related to training that officers have received on the use of force, racial and ethnic bias, de- escalation of conflict, and constructive engagement with the public. 43 Authorization to obligate (federal) award funds to reimburse certain project costs incurred on or after October 1, 2022 The recipient may obligate (federal) award funds only after the recipient makes a valid acceptance of the award. As of the first day of the period of performance for the award (October 1, 2022), however, the recipient may choose to incur project costs using non-federal funds, but any such project costs are incurred at the recipient's risk until, at a minimum- - (1) the recipient makes a valid acceptance of the award, and (2) all applicable withholding conditions are removed by OJP (via an Award Condition Modification (ACM)). (A withholding condition is a condition in the award document that precludes the recipient from obligating, expending, or drawing down all or a portion of the award funds until the condition is removed.) Except to the extent (if any) that an award condition expressly precludes reimbursement of project costs incurred "at- risk," if and when the recipient makes a valid acceptance of this award and OJP removes each applicable withholding condition through an Award Condition Modification (ACM), the recipient is authorized to obligate (federal) award funds to reimburse itself for project costs incurred "at-risk" earlier during the period of performance (such as project costs incurred prior to award acceptance or prior to removal of an applicable withholding condition), provided that those project costs otherwise are allowable costs under the award. 44 If award funds are used for DNA testing of evidentiary materials, any resulting eligible DNA profiles must be uploaded to the Combined DNA Index System ("CODIS," the DNA database operated by the FBI) by a government DNA laboratory with access to CODIS. With the exception of Forensic Genetic Genealogy, no profiles generated under this Page: 17 of 23 award may be entered or uploaded into any non-governmental DNA database without prior express written approval from BJA. Award funds may not be used for the purchase of DNA equipment and supplies unless the resulting DNA profiles may be accepted for entry into CODIS. Booking agencies should work with their state CODIS agency to ensure all requirements are met for participation in Rapid DNA (see National Rapid DNA Booking Operational Procedures Manual). 45 Submission of eligible records relevant to the National Instant Background Check System Consonant with federal statutes that pertain to firearms and background checks -- including 18 U.S.C. 922 and 34 U.S.C. ch. 409 -- if the recipient (or any subrecipient at any tier) uses this award to fund (in whole or in part) a specific project or program (such as a law enforcement, prosecution, or court program) that results in any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the National Instant Background Check System (NICS), or that has as one of its purposes the establishment or improvement of records systems that contain any court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS, the recipient (or subrecipient, if applicable) must ensure that all such court dispositions, information, or other records that are "eligible records" (under federal or State law) relevant to the NICS are promptly made available to the NICS or to the "State" repository/database that is electronically available to (and accessed by) the NICS, and -- when appropriate -- promptly must update, correct, modify, or remove such NICS- relevant "eligible records". In the event of minor and transitory non-compliance, the recipient may submit evidence to demonstrate diligent monitoring of compliance with this condition (including subrecipient compliance). DOJ will give great weight to any such evidence in any express written determination regarding this condition. 46 Prohibition on use of award funds for match under BVP program JAG funds may not be used as the 50% match for purposes of the DOJ Bulletproof Vest Partnership (BVP) program. 47 Certification of body armor "mandatory wear" policies, and compliance with NIJ standards If recipient uses funds under this award to purchase body armor, the recipient must submit a signed certification that each law enforcement agency receiving body armor purchased with funds from this award has a written "mandatory wear" policy in effect. The recipient must keep signed certifications on file for any subrecipients planning to utilize funds from this award for ballistic-resistant and stab-resistant body armor purchases. This policy must be in place for at least all uniformed officers before any funds from this award may be used by an agency for body armor. There are no requirements regarding the nature of the policy other than it be a mandatory wear policy for all uniformed officers while on duty. Ballistic-resistant and stab-resistant body armor purchased with award funds may be purchased at any threat level, make or model, from any distributor or manufacturer, as long as the body armor has been tested and found to comply with applicable National Institute of Justice ballistic or stab standards, and is listed on the NIJ Compliant Body Armor Model List. In addition, ballistic-resistant and stab-resistant body armor purchased must be made in the United States and must be uniquely fitted, as set forth in 34 U.S.C. 10202(c)(1)(A). The latest NIJ standard information and the NIJ Compliant Body Armor List may be found by following the links located on the NIJ Body Armor page: https://nij.ojp.gov/ topics/equipment-and-technology/body-armor 48 Extreme risk protection programs funded by JAG must include, at a minimum: pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to Page: 18 of 23 confront adverse witnesses; the right to be represented by counsel at no expense to the government; pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State's evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and penalties for abuse of the program. 49 Expenditures prohibited without waiver No funds under this award may be expended on the purchase of items prohibited by the JAG program statute, unless, as set forth at 34 U.S.C. 10152, the BJA Director certifies that extraordinary and exigent circumstances exist, making such expenditures essential to the maintenance of public safety and good order. 50 FFATA reporting: Subawards and executive compensation The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of$30,000 or more and, in certain circumstances, to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of 2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition: Reporting Subawards and Executive Compensation), and are incorporated by reference here. This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 51 Exceptions regarding Prohibited and Controlled Equipment under OJP awards Notwithstanding any provision to the contrary in the other terms and conditions of this award, including in the condition regarding "Compliance with restrictions on the use of federal funds--prohibited and controlled equipment under OJP awards," the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to Other LEAs" and the requirements for the "Transfer/Sale of Award-Funded Controlled Equipment to NON-LEAs" do not apply to this award. 52 The recipient agrees that no funds under this grant award (including via subcontract or subaward, at any tier) may be used for unmanned aircraft systems (UAS), which includes unmanned aircraft vehicles (UAV), or for any accompanying accessories to support UAS. 53 Initial period of performance; requests for extension. The recipient understands that for award amounts of less than $25,000 under JAG (Category 1), the initial period of performance of the award is two years. The recipient further understands that any requests for an extension of the period of performance for an award of less than $25,000 will be approved automatically for up to a total of two additional years, pursuant to 34 U.S.C. 10152(f) and in accordance with the program solicitation associated with this award. Any request for an extension of the period of performance beyond a four-year award period will require approval, and the approval (if any) will be at the discretion of the Director of BJA. Page: 19 of 23 54 Applicants must ensure that Limited English Proficiency persons have meaningful access to the services under this program(s). National origin discrimination includes discrimination on the basis of limited English proficiency (LEP). To ensure compliance with Title VI and the Safe Streets Act, recipients are required to take reasonable steps to ensure that LEP persons have meaningful access to their programs. Meaningful access may entail providing language assistance services, including oral and written translation when necessary. The U.S. Department of Justice has issued guidance for grantees to help them comply with Title VI requirements. The guidance document can be accessed on the Internet at www.lep.gov. 55 Cooperating with OJP Monitoring The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s). 56 Use of program income Program income (as defined in the Part 200 Uniform Requirements) must be used in accordance with the provisions of the Part 200 Uniform Requirements. Program income earnings and expenditures both must be reported on the quarterly Federal Financial Report, SF 425. 57 Compliance with 28 C.F.R. Part 23 With respect to any information technology system funded or supported by funds under this award, the recipient (and any subrecipient at any tier) must comply with 28 C.F.R. Part 23, Criminal Intelligence Systems Operating Policies, if OJP determines this regulation to be applicable. Should OJP determine 28 C.F.R. Part 23 to be applicable, OJP may, at its discretion, perform audits of the system, as per the regulation. Should any violation of 28 C.F.R. Part 23 occur, the recipient may be fined as per 34 U.S.C. 10231(c)-(d). The recipient may not satisfy such a fine with federal funds. 58 Protection of human research subjects The recipient (and any subrecipient at any tier) must comply with the requirements of 28 C.F.R. Part 46 and all OJP policies and procedures regarding the protection of human research subjects, including obtainment of Institutional Review Board approval, if appropriate, and subject informed consent. 59 Confidentiality of data The recipient (and any subrecipient at any tier) must comply with all confidentiality requirements of 34 U.S.C. 10231 and 28 C.F.R. Part 22 that are applicable to collection, use, and revelation of data or information. The recipient further agrees, as a condition of award approval, to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R. Part 22 and, in particular, 28 C.F.R. 22.23. 60 Page: 20 of 23 The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but not limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 61 The recipient understands that, in accepting this award, the Authorized Representative declares and certifies, among other things, that he or she possesses the requisite legal authority to accept the award on behalf of the recipient entity and, in so doing, accepts (or adopts) all material requirements that relate to conduct throughout the period of performance under this award. The recipient further understands, and agrees, that it will not assign anyone to the role of Authorized Representative during the period of performance under the award without first ensuring that the individual has the requisite legal authority. 62 In accepting this award, the recipient agrees that grant funds cannot be used for Facial Recognition Technology (FRT) unless the recipient has policies and procedures in place to ensure that the FRT will be utilized in an appropriate and responsible manner that promotes public safety, and protects privacy, civil rights, and civil liberties and complies with all applicable provisions of the U.S. Constitution, including the Fourth Amendment's protection against unreasonable searches and seizures and the First Amendment's freedom of association and speech, as well as other laws and regulations. Recipients utilizing funds for FRT must make such policies and procedures available to DOJ upon request. 63 Withholding of funds for Memorandum of Understanding The recipient may not expend or draw down any award funds until OJP has reviewed and approved the Memorandum of Understanding (MOU), and an Award Condition Modification has been issued to remove this condition. I I have read and understand the information presented in this section of the Federal Award Instrument. Award Acceptance Declaration and Certification to the U.S. Department of Justice as to Acceptance By checking the declaration and certification box below, I-- A. Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority to make this declaration and certification on behalf of the applicant. B. Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my knowledge and belief, that the following are true as of the date of this award acceptance: (1) 1 have conducted or there was conducted (including by applicant's legal counsel as appropriate and made available to me) a diligent review of all terms and conditions of, and all supporting materials submitted in connection with, this award, including any assurances and certifications (including anything submitted in connection therewith by a person on behalf of the applicant before, after, or at the time of the application submission and any materials that accompany this acceptance and certification); and (2) 1 have the legal authority to accept this award on behalf of the applicant. C. Accept this award on behalf of the applicant. D. Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1) 1 understand that, in taking (or not taking) any action pursuant to this declaration and certification, DOJ will rely upon this declaration and certification as a material representation; and (2) 1 understand that any materially false, fictitious, or fraudulent information or statement in this declaration and certification (or concealment or omission of a material fact as to either) may be the subject of criminal prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273), and also may subject me and the applicant to civil penalties and administrative remedies under the Page: 21 of 23 federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or§§ 3801-3812) or otherwise. Agency Approval Title of Approving Official Name of Approving Official Signed Date And Time Deputy Assistant Attorney General Maureen Henneberg 9/22/23 2:23 AM Authorized Representative Entity Acceptance Title of Authorized Entity Official Management Services Director Signed Date And Time Page: 22 of 23 Page: 23 of 23 SC cj a o , AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 31, 2023 1W? Second Reading Ordinance for the City Council Meeting of November 14, 2023 DATE: October 12, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager Heatherh3@cctexas.com (361) 826-3506 Approval of Tenth Amendment to the TIRZ #3 Project & Financing Plan, Appropriation of Funds from Fund Balance, and Amending the Operating Budget CAPTION: Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans, which includes language regarding revitalization and cleaning of the Zone and the creation of a new Rooftop Activation incentive program; appropriating $1,944,727.00 from the TIRZ #3 fund balance for additional program expenses recommended by the Downtown Management District; and amending the operating budget, all as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on September 19, 2023 SUMMARY: The purpose of this item is to approve the amended Project & Financing Plan; appropriation of $1,944,727.00 from the TIRZ #3 fund balance; and amending the operating budget. BACKGROUND AND FINDINGS: In 2008, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 in the City's Downtown, adopting a draft Project & Financing Plan (Project Plan). The Project Plan is required by the State, must include all activities of a Tax Increment Reinvestment Zone, and must be adopted by the municipality by ordinance. In 2015, the TIRZ #3 Board and City Council approved an Amended Project Plan, which created programs and initiatives to facilitate types of development needed in the downtown. In 2016, a Second Amendment was made to expanded programming and services from the Downtown Management District; refined Incentive Programs; and enabled funds to be expended for public, cultural and/or historic properties within the Zone and extended Del Mar College's Participation. Seven additional amendments have been made to broaden the scope of programs and initiatives. This tenth amendment adds the following sections to the Project Plan: 11. Other Revitalization Services — The DMD will also provide revitalization services to the zone. These services will include operations — such as cleaning, beautification, landscaping, and seasonal improvements; as well as activities that improve business operations and climate, as allowed by Chapter 311; as well as activities approved by the Board that are found to be convenient for improving implementation of the project and financing plan. The DMD will propose an annual list of one-time projects but may include re-occurring services in the Interlocal Agreement with the annually approved Service Plan. Examples include — micro mobility (previously Bike Share), district wide branding, website development, construction mitigation and other items that provide a unified front door for TIRZ#3. 12. Rooftop Activation Program - In many waterfront downtowns, rooftops are utilized as patios to create unique experiences that highlight the views. Historically, there have been challenges with the cost of meeting codes required to create these spaces in Corpus Christi. By making incentives available to downtown businesses and buildings for this feature, we may expand the availability of these types of businesses. In this program, TIRZ #3 will agree to reimburse an approved existing or new business' rooftop patio improvements, as well as rooftop access. Qualified rooftop patio and accessibility expenses include: floor and wall upgrades, lighting, security cameras, signage, bar build out, restrooms, mechanical/electrical/ plumbing costs, roof repair, structural roof support, rooftop safety, permanent seating, awnings, rooftop accessibility costs (elevators and stairs), enclosed landings, windows, doors, and other permanent fixtures. An owner or tenant can qualify for up to 50% of the overall eligible costs, but payout will not exceed $500,000 per year per building. Operating Budget Amendment - During the June and July 2023 TIRZ #3 meeting, City staff and DMD staff jointly presented a budget that included projects and expenses identified by the DMD for the TIRZ area, a final decision was postponed until an updated service plan could be provided by the DMD to the TIRZ #3 board. At the September TIRZ #3 meeting, the DMD presented their proposed service plan along with the identified needs requests, which included one-time line-item expenditures not exceeding $1,734,727 and an increase in the DMD's interlocal agreement by $210,000. All as approved by the TIRZ #3 Board on September 19, 2023. ALTERNATIVES: City Council may choose not to adopt or modify the Tenth Amendment to the Project Plan. City Council may also choose not to allocate funds from the fund balance or choose to make modifications to the dollar amount. Additionally, City Council may choose to not amend the operating budget or choose to make modifications to it. FISCAL IMPACT: The financial impact is an increase in the TIRZ#3 operating budget of$1,944,727.00 for programs and operations of the TIRZ#3. FUNDING DETAIL: Fund: 1112 Organization/Activity 10287 Department 57 Project # (CIP only) N/A Account: 530000 Amount: $210,000 Fund: 1112 Organization/Activity Requesting new org Department 57 Project # (CIP only) N/A Account: 530000 Amount: $1,734,727 RECOMMENDATION: Staff recommends approving the Project and Financing Plan amendment and the FY 2023-24 TIRZ #3 operating budget amendment. LIST OF SUPPORTING DOCUMENTS: Ordinance Tenth Amendment to TIRZ #3 Amended Project & Financing Plan Presentation —Tenth Amendment to Project Plan — Rooftop Activation Program Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans, which includes language regarding revitalization and cleaning of the Zone and the creation of a new Rooftop Activation incentive program; appropriating $1,944,727.00 from the TIRZ #3 fund balance for additional program expenses recommended by the Downtown Management District; and amending the operating budget, all as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on September 19, 2023. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project & Financing Plan;" WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on May 9, 2023; WHEREAS, on September 19, 2023, the Board of Directors of Reinvestment Zone Number Three ("Board") passed a resolution to approve the Tax Increment Reinvestment Zone Number Three Amended Project and Financing Plan which included language regarding revitalization and cleaning of the Zone and the creation of a new Rooftop Activation incentive program; WHEREAS, on September 19, 2023, the Board also approved additional program expenditures in the amount of $1 ,944,727.00 and an amendment to the fiscal year 2023- 24 TIRZ #3 budget; and WHEREAS, Texas Tax Code Section 311 .011(d) provides that the governing body of the municipality that designated the zone must approve a project plan for a reinvestment zone by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #3, Corpus Christi, Texas for the Reinvestment Zone Number Three, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Three on September 19, 2023. A copy of the Plan is attached hereto and incorporated by reference. SECTION 2. Funds in the amount of $1 ,944,727.00 are appropriated from the unreserved fund balance of the TIRZ #3 Fund No. 1112 for additional program expenses recommended by the Downtown Management District. SECTION 3. The FY2023-24 Operating Budget adopted by Ordinance No. 0333151 is amended to increase TIRZ #3 expenditures by $1 ,944,727.00 for the additional program expenditures recommended by the Downtown Management District and approved by the Board on September 19, 2023. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi / Corpus Christi Downtown Management District Downtown Corpus Christi Tax Increment Reinvestment Zone #3 Project and Financing Plan 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Contents Introduction ..................................................................................................................................................3 Criteria for Zone Creation.........................................................................................................................3 A Consistent Vision for Downtown...........................................................................................................3 Anticipated Zone Role in Downtown Improvements ...............................................................................4 ProjectPlan...................................................................................................................................................4 Existing Uses and Conditions/Boundaries§311.01 (b) (1) .......................................................................4 SEADistrict-..........................................................................................................................................4 Uptown................................................................................................................................................5 Marina Arts District (Downtown Management District).....................................................................5 SouthDowntown................................................................................................................................5 Municipal Ordinances§311.011 (b) (2)....................................................................................................6 City Planned Improvements (Non Project Costs) §311.011 (b) (3) ..........................................................6 Relocation §311.011 (b) (4)......................................................................................................................6 FinancingPlan...............................................................................................................................................6 Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2)................................................................................................................6 Economic Feasibility Study§311.011 (c) (3)...........................................................................................11 Estimate of Bonded Indebtedness §311.011 (c) (4)...............................................................................11 Timing of Incurring Costs or Monetary Obligation §311.011(c) (5)........................................................11 Method of Financing and Sources of Revenue §311.011(c) (6)..............................................................11 Methodsof Financing. ........................................................................................................................11 Sourcesof Revenue.............................................................................................................................12 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8)..........................12 Duration of the Zone §311.011(c)(9)......................................................................................................12 Exhibit B. - Legal Description of the Zone...................................................................................................14 Exhibit C. -Tracking List of Project Plan Changes By Year..........................................................................16 Exhibit D. Downtown Development Projects .............................................................................................17 21 Page City of Corpus Christi / Corpus Christi Downtown Management District Introduction The Downtown Corpus Christi Tax Increment Reinvestment Zone#3 (TIRZ#3) will provide the programs, projects and financing needed to develop public improvements and support economic development activities associated with revitalization of the greater downtown Corpus Christi area. TIRZ#3 consists of a twelve person Board of Directors, is supported by the City's Economic Development staff and the Corpus Christi Downtown Management District(DMD). In 2008,through Ordinance 027996, the City of Corpus Christi created TIRZ #3 over a portion of the city that includes the DMD, as well as all blocks north east of Tancahua Street and Morgan Avenue. In 2015, Ordinance 03592 modified the scope of TIRZ#3, based on findings of the City's Downtown Area Development Plan(DADP). A timeline of subsequent amendments to this document can be found in Appendix. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualifies for designation as a "Reinvestment Zone" because it suffers from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions that meet the Criteria of Chapter 311, Section 005 include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311,these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." A Consistent Vision for Downtown For decades, planning efforts have been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ#3, but further implementation was limited. Other planning efforts have included: 2004—Bayfront Master Plan—City of Corpus Christi Planning Department 2006—Downtown Redevelopment Report 2013—Central Business Development Plan—City of Corpus Christi Planning Department 2014—Regional Urban Design Assistance Team - UDAT 2014—Three Year Strategic Plan—Downtown Management District 2015—Downtown Area Development Plan—City of Corpus Christi Planning Department 2017—Three Year Strategic Plan—Downtown Management District 2022—2027 Five Year Strategic Plan 31 Page City of Corpus Christi / Corpus Christi Downtown Management District The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of TIRZ#3. It stated that the"current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is a key catalyst and funding source to change the public environment in Downtown. By establishing programmatic frameworks we are able to leverage private sector funding and serve the public purpose of eliminating blight. By improving and enhancing streets, sidewalks, and public spaces, and upgrading utilities, TIRZ #3 will facilitate vacant land development and the redevelopment or rehabilitation of existing uses. The intended result is a vibrant Downtown and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) TIRZ#3 includes approximately 856 acres wholly within the City of Corpus Christi. A very wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed TAX INC FIN 3 boundaries is given in Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned, cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Corpus Christi Museum of Science&History • Art Museum of South Texas 41 Page City of Corpus Christi / Corpus Christi Downtown Management District • Whataburger Field • Street Icehouse • American Bank Convention Center&Arena • Concrete Street Amphitheater • Harbor Playhouse • Railroad Seafood • Brewster • Heritage Park Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown —South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway Street marks a topographical change with a historically designated balustrade, one of the City's first infrastructure improvements.The higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses and 11 high-rise towers. TIRZ#3 picks up two blocks of Uptown, with Tancahua Street as the west border. Overall occupancy for the Downtown office market is around 70 percent. West of the TIRZ #3, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) —The area east of Broadway Street is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the DMD in 1993. This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's.The most recent large scale private investment is a$27 million residential property with ground floor retail, the Cosmopolitan. The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are non existent or in deteriorated condition. Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T-heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. South Downtown — At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA, a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks. Additionally,there is a mix of early 20th century single family homes and multi-family residential developments. The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. 51 Page City of Corpus Christi / Corpus Christi Downtown Management District A defining feature of this neighborhood is the 34 acres of park land called Water's Edge.The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries and recently completed a $325 million upgrade. This area has had multiple district names.... Municipal Ordinances §311.011 (b) (2) Changes to municipal ordinances in TIRZ#3 may include: requirements for vacant buildings, requirements for vacant land, development codes to support residential and recreational activity, design requirements to support the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City operates a robust public improvement program, utilizing voter approved bond funds, capital improvement funds, and general fund improvements. Recently completed projects and planned projects are listed below. Project Source Timeframe Cost Status as of 1/2023 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Pedestrian Bond 2012 2015-2016 $500,000 Done Improvements Chaparral Street Two Way Bond 2014 2015-2016 $9,000,000 Done Conversion Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2022 $500,000 In Progress Shoreline Crosswalks Bond 2018 2022 $850,000 In Progress Downtown Lighting Bond 2018 2023 $650,000 Pending Design Broadway Bluff Balustrade Bond 2022 2023 $2,600,000 Pending Design Stabilization Water Street Reimagined CIP & Estimated to Pending Design Future Bond Future cost $20,000,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ#3 will participate in projects that support the development and economic activity projected in the DADP. With vast vacancy and deferred maintenance, these public private partnership programs provide frameworks that create a signal for private sector investment. The focus is on street level vibrancy, residential and mixed-use development. Generally, TIRZ#3 will aim to provide under 20%of project cost, but may provide up to 30%for catalytic projects and excessively blighted spaces. Exceptions may be made 61 Page City of Corpus Christi / Corpus Christi Downtown Management District to the guidelines below for catalytic projects with TIRZ#3 Board approval.The DMD is contracted through interlocal service agreement to manage the programs and initiatives below. Estimated project cost is$25 million, equivalent to the anticipated revenues. TIRZ #3 will make funding available for five targeted development programs and additional initiatives: 1. Targeted Vacant Property Improvement Grant Program (Created 2016) — This matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street. Due to its"Main Street" characteristics and its function of connecting the Marina Arts District and SEA Districts, Chaparral Street is a first phase priority for successful revitalization of TIRZ #3. Due to the vacancy rate and existing building stock along Mesquite, it is a second phase priority.TIRZ#3 will consider a 50/50, on renovation construction costs. 2. Commercial Finish-Out Grant Program (Created 2016) — To create more dining, retail and entertainment venues, TIRZ #3 will agree to reimburse approved new tenants and owner-occupied finish-outs at a maximum rate of$10 per square foot. For an owner-occupied business to qualify for finish out or remodels, the incentive, they must be established for at least 10-years. Evidence of operation must be provided upon application submission. Qualified finish-out expenses include floor and wall upgrades, HVAC, kitchen equipment, and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Landlord Policy — Due to severe lack of building maintenance, many buildings require significant mechanical, electrical, or plumbing repairs that cannot be funded by a small business tenant. Thus, 50%of Mechanical, Electrical or Plumbing Costs (Up to$20,000) will be available to the landlord with a new tenant if that landlord provides a 6-month rent waived lease on first-floor, active street use projects. Micro Grant Policy - smaller scale, expedited $10,000 micro-grants can be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. 3. Downtown Living Initiative (Created 2016)—The DADP stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the investor return made investment attractive. This figure has been confirmed in subsequent residential demand studies.To stimulate development, TIRZ#3 will provide a $30,000 per unit reimbursement grant for multi-family developments of over 3 units that meet the required design criteria. Additional per unit funds may be allocated, up to 30%of the per unit development cost for vacant building rehabilitation, office conversion or new construction. Depending on the scale of the project, this may be paid in a lump sum or over a period of several years from increment generated by the project. 4. Project Specific Development Agreement (Created 2016) —In situations where higher development costs create a financing gap,TIRZ#3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq.ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third 71 Page City of Corpus Christi / Corpus Christi Downtown Management District party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities S. Streetscape and Safety Improvement Program (Created 2018) — Following the 2017 Traffic & Planning Analysis, TIRZ #3 created a program to assist with improvements that increased quality of streetscapes and safety in the zone. This includes reimbursement of 50%of costs for exterior fagade, patio improvements, parklets, sidewalk and patio cafes, lighting, security, and other items identified as meeting the spirit of the program. Additionally, the roof of a vacant structure will qualify if the scope of work includes activating the property. Smaller scale expedited $10,000 micro-grants can be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. Projects supported through these programs will be updated in Exhibit E. Through an interlocal agreement with the DMD, TIRZ #3 will pursue development initiatives in four categories: 6. Site Management & Vacancy Development —TIRZ #3 developed a program to activate vacant properties within TIRZ#3, resulting in the adoption of a downtown vacant building ordinance in 2018. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency stabilization funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties.Additionally,TIRZ#3 may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. Target properties include: • The Ritz Theater (1929) • The Montgomery Ward Building (1936) • Blacknall Auto Dealer(built 1912) 7. Parking Development—In 2016 TIRZ#3 conducted a study to develop a strategic approach for parking in the Downtown and fund implementation steps. TIRZ #3 will continue to fund implementation of this study, as well as further analysis to develop the parking system into a functional business model. This includes improving public parking facilities such as on-street spaces or off-street lots and structures. Additionally, TIRZ #3 may support any efforts for appropriate parking management infrastructure such as meters, lot improvements, structured garages, and occupancy monitoring systems. 81 Page City of Corpus Christi / Corpus Christi Downtown Management District 8. Public Space, Right of Way & Streetscape Development — In 2017, TIRZ #3 conducted a study to strategically approach traffic patterns and movement throughout the zone. TIRZ #3 may contribute to implementation of the study, infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting,etc.).Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as listed below: • Artesian Park & La Retama Park Rehabilitation - $150,000 in FY 20 and $50,000 Annually for new improvement projects. • Special Purpose or Pocket Parks, Including Norma Urban Park, Sherrill Park, and Spohn Park. • Two Way Street Conversions -$400,000 in FY 21 • Right of Way Maintenance-$100,000 Annually • Broadway Bluff Balustrade Maintenance and Repair Assessment • Water Street Reimagined -$25,000 in FY 21, Additional Funding for Implementation • Agnes Laredo Entrance Reimagined • Lighting Improvements • Pedestrian Improvements 9. Targeted Office to Residential Conversion Program (Created 2023)- Requirements Only the properties listed below will be eligible for this program. Properties not included on this list may be considered on an individual basis. The project requires a minimum improvement investment amount of $5,000,000 (not including the purchase of the building or demolition) and must create a minimum of 25 residential units. The total allowable reimbursement is not to exceed 30% of the construction cost associated with the conversion or in support of the conversion. Performance milestones will be included in the agreement and these milestones may include: • Securing financing • Permit submittal • Construction start • Project completion The project must include exterior design features such as architectural lighting and design-oriented landscaping. This program may be layered with the Downtown Living Initiative & Streetscape programs only. This program will expire on 12/31/25. Applications must be submitted prior to this date to be considered. Eligible Expenses for Reimbursement • 50% Reimbursement for Eligible Improvements include: o Mechanical, Electrical, & Plumbing o Structural (Exterior walls, roof,foundation, building core, and stairwells) o Fire Safety o Elevator (Cabin structure, cable & hydraulic systems, and mechanical or electrical systems) o Not intended for cosmetic or programming improvements o Environmental Remediation: i.e. asbestos, lead, and other recognized environmental conditions (RECs) o Parking Garage that includes a portion available for public parking • While reimbursement is intended for the residential conversion costs only, improvements to non-residential portions of the building may be deemed an eligible expense if they support 91 Page City of Corpus Christi / Corpus Christi Downtown Management District the converted residential units and are included on the list of expenses eligible for reimbursement under this program. • Developer reimbursement payout to be within 5 years after the completion of the project but a shorter payout period may be considered. Reimbursement schedule dependent upon available TIRZ fund balances. Eligible Building List Building Name Address Building Name Address Bayview Tower 400 Mann Park Tower 710 Buffalo Guaranty Title Bldg 921 N Chaparral The Chamberlain 807 N Upper Broadway Caller Times Bldg. 820 N Lower Broadway 802 NC 802 N Carancahua One Shoreline Plaza 801 N Shoreline Petroleum Tower 811 N Carancahua Furman Plaza 418 Peoples Former Wells Fargo Bldg 615 N Upper Broadway Peoples Street Bldg. 402 Peoples American Bank Plaza 711 N Carancahua Plains Capital Bank Tower 500 N Shoreline 600 Building 600 Leopard 1st Community Bank Tower 500 N Water Wilson Plaza 606 N Carancahua Former Supreme Lending Bldg. 325 Mesquite Tower II 555 N Carancahua Bay Building 101 N Shoreline Borden Insurance Bldg 210 N Carancahua 10. Technology, Innovation, and Startup Ecosystem Development — TIRZ #3 contains over 3,000,000 square feet of office space that has maintained a high level of vacancy since the late 1980's. TIRZ#3 will support the development of an ecosystem where technology, innovation, startups, and entrepreneurs may launch new enterprises and contribute to the economic development of the downtown area. Specific projects may include Wi-Fi expansion, a co-working space, business incubator, and other platforms, in partnership with the DMD, CCREDC, Texas A&M University Corpus Christi, Del Mar College, and other innovation-oriented institutions. 11. Other Revitalization Services — The DMD will also provide revitalization services to the zone. These services will include operations — such as cleaning, beautification, landscaping and seasonal improvements; as well as activities that improve business operations and climate, as allowed by Chapter 311;as well as activities approved by the Board that are found to be convenient for improving implementation of the proiect and financing plan. The DMD will propose an annual list of one-time proiects but may include re-occurring services in the Interlocal Agreement with the annually approved Service Plan. Examples include—micro mobility(previously Bike Share), district wide branding, website development, construction mitigation and other items that provide a unified front door for TIRZ#3. 12. Rooftop Activation Program - In many waterfront downtowns, rooftops are utilized as patios to create unique experiences that highlight the views. Historically, there have been challenges with the cost of meeting codes required to create these spaces in Corpus Christi. By making incentives available to downtown businesses and buildings for this feature, we may expand the availability of these types of businesses. In this program, TIRZ#3 will agree to reimburse an approved existing or new business' rooftop patio improvement, as well as rooftop access. Qualified rooftop patio and accessibility expenses include: floor and wall upgrades, lighting, security cameras, signage, bar build out, restrooms, mechanical/electrical/plumbing costs, roof repair, structural roof support, rooftop safety, 101 Page City of Corpus Christi / Corpus Christi Downtown Management District permanent seating, awnings, rooftop accessibility costs (elevators and stairs), enclosed landings, windows, doors and other permanent fixtures. An owner or tenant can qualify for up to 50% of the overall eligible costs, but payout will not exceed$500,000 per year per building. Finally, TIRZ#3 will compensate the City and the DMD (subject to an interlocal agreement between the TIRZ #3 and the DMD) for the costs of ongoing administration of TIRZ #3, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In support of the DADP, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Additional analysis have been undertaken to keep data updated. Those studies include: • 2014 Residential Market Potential (Zimmerman/Volk) • 2014 Retail Market Analysis & Strategy(Mike Berne) • 2014 Hotel, Office, Retail (W-ZHA, Sarah Woodworth) • 2014 Incentives & Development Economics (W-ZHA, Sarah Woodworth) • 2017 Residential Analysis- (RCLCO) • 2021 Residential Analysis- (RCLCO) • 2021 Retail Leakage Report—(The Retail Coach) Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the TIRZ#3 based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. Annual Budgets are included in Exhibit C. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the TIRZ #3 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future TIRZ #3 revenues to support debt service payments are anticipated, the TIRZ #3 may also issue bonded debt, the term of which will not extend past the expected life of the TIRZ#3. 111 Page City of Corpus Christi / Corpus Christi Downtown Management District Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ#3. The City, County,and Del Mar College have agreed to participate in funding TIRZ#3 with 100% of the incremental property taxes collected over the life of the Zone. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 1 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,8 8 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 693,086 841,794 2,776,661 Bold=Actuals $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is$310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5%annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, City may extend the term of the TIRZ #3 by ordinance and other taxing entities may choose to participate for the additional term. 121 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A—Boundaries & Land Use ---------------- Tax Increment —_' "` Finance District#3 L - ice, _ 6 ELL -- r i II�`O 1711 NEE ,: low iwm �r_ r € ,=µ • TIRZ Boundary • SEA District • Uptown • Marina Arts District(DMD) y • Bavvshore Park � f .. -T i RW14 , 44 -Tr�11- 9,17 Legend Cilyol m" r C'fuTtuti Chrkti Ee4iq L.•M Uo r moo. 6. F' c.wn A L� exdw m.nwnun P Pared By.MBB .. Printing Dare TWSY y,O=bG fe.20079 PrP-1 Source CrfyG Cmws ChW-Oe"rolapm•nl 5•nnroa + °°""°"""^°"^'�'"' 13 gage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B. - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an"A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second"A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan,Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition,to its Southwest corner for a point; 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 151 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C. -Tracking List of Project Plan Changes By Year April 2009— Expansion of Boundaries March 2012 -Correction of Termination Date August 2014- Correction of Board Composition First Amendment (FY 2015) — Overhaul and update of the project and financing plan based upon new market information and the Downtown Area Development Plan findings. Second Amendment (FY 2017)—To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7)updated as Exhibit C—FY2017 Project Plan Budget. Third Amendment (FY 2017)—this Amendment renames the (5) Site Assembly & Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note: Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment(FY 2018)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. Fifth Amendment(FY 2021)—this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment(FY 2021)this Amendment modifies two incentive programs to expand their impact— New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. This Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Seventh Amendment(FY 2022)this Amendment modifies the New Commercial Tenant Finish Out Program remove the "New" and "Tenant"from the qualifying requirements to become"Commercial Finish-Out Program"to expand the qualifying categories. Eighth Amendment(FY 2023)this Amendment adds Innovation and Tech Led Economic Development. Ninth Amendment(FY 2023)this Amendment increased per unit incentive for the Downtown Living Initiative to $30,000 or$30,000 of per unit development costs; added roofs as a qualifying category for Streetscape & Safety Program and added special use and pocket parks to Public Space, Right of Way and Streetscape Development. 161 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit D. Downtown Development Projects Performance Incentive Completed Projects Address Incentive TIRZ Meeting Deadline Project Cost Incentive Value Paid Out The Chamberlain 807 N Upper Broadway Project Specific 9/17/19 3/31/21 $ 11,000,000.00 $ 520,000 $ 520,000 Frost Bank 501 S Shoreline Project Specific 10/24/17 3/31/21 $ 35,000,000.00 $ 600,000 $ 600,000 Marriott 309 N Shoreline Project Specific 11/15/16 11/30/19 $ 15,000,000.00 $ 940,000 $ 148,965 Stonewater(401 S Water) 4015 Water Project Specific 5/15/18 6/30/19 $ 755,000.00 $ 200,000 $ 200,000 Centre Theatre LLC(301 Chap) 301 N Chaparral Chap Street 7/24/18 4/30/19 $ 18,964.00 $ 9,482 $ 9,482 Centre Theatre LLC(305 Chap) 305 N Chaparral Chap Street 7/24/18 4/30/19 $ 18,964.00 $ 9,482 $ 9,482 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Chap Street 12/4/18 4/1/19 $ 72,465.00 $ 20,390 $ 20,390 Chels Marie 903 N Chaparral Chap Street 11/20/18 $ 16,878.00 $ 8,439 $ 8,439 Urbana 424 Chaparral Chap Street 1/26/16 $ 500,000.00 $ 72,000 $ 72,000 BUS 702 N Chaparral Chap Street 2/1/17 2/1/18 $ 940,000.00 $ 100,000 $ 100,000 Limerick Apts(Ronjo V) 201 S Chaparral DLI 9/17/19 8/31/20 $ 1,700,000.00 $ 220,000 $ 220,000 Studio 44 Apts 817N Carancahua DLI 4/12/16 7/31/19 $ 2,900,000.00 $ 185,000 $ 185,000 Muse Bistro(Tenant) 414 Starr New Tenant 1/28/20 10/31/20 $ 40,000.00 $ 7,888 $ 7,888 Fresco(Tenant) 619 N Chaparral New Tenant 3/19/19 7/31/19 $ 92,000.00 $ 22,640 $ 22,640 K Space(Tenant) 623 N Chaparral New Tenant 2/29/20 2/29/20 $ 32,450.00 $ 6,490 $ 6,490 CreBive Culture(Tenant) 423 William New Tenant 2/27/18 $ 34,548.00 $ 6,910 $ 6,910 Nueces Brewing(Tenant) 4015 Water New Tenant 5/15/18 6/30/19 $ 1,070,000.00 $ 61,700 $ 61,700 Produce Art Gallery 419 Peoples New Tenant 9/29/20 7/31/21 $ 63,500.00 $ 7,500 $ 7,500 Elizabeth's Art Museum New Tenant 3/30/21 7/31/21 $ 95,533.00 $ 23,280 $ 23,280 Commons New Tenant(Admin) 4/30/21 $ 20,000.00 $ 5,475 $ 5,475 Americano Properties 415-419 Peoples Streetscape 8/27/19 8/31/20 $ 425,000.00 $ 93,450 $ 93,450 Dtown Ca mash Club(Tenant) 417 Mesquite Streetscape 12/17/19 10/31/20 $ 500,000.00 $ 45,923 $ 45,923 Aka Sushi 415 N Water Streetscape 11/19/19 4/30/20 $ 434,000.00 $ 117,300 $ 117,300 Dokyo 424 N Chaparral Streetscape 9/17/19 1/31/20 $ 440,000.00 $ 36,527 $ 36,527 Shook 106 N Chaparral Streetscape 2/19/19 9/30/19 $ 6,164.00 $ 3,082 $ 3,082 HOR 623 Mesquite Streetscape 2/19/19 4/30/19 $ 15,572.00 $ 7,786 $ 7,786 The Goldfish Bar(Treiber) 724 Mesquite Streetscape 2/7/20 4/7/20 $ 85,000.00 $ 9,230 $ 9,230 H2O Market Trust-Oyster Bar 309N Water Streetscape 9/23/19 1/31/20 $ 21,964.00 $ 10,000 $ 10,000 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Streetscape 3/5/19 4/5/19 $ 7,138.00 $ 3,569 $ 3,569 Tim Clower-KSpace 623 N Chaparral Streetscape 8/27/19 3/31/20 $ 40,150.00 $ 20,075 $ 20,075 Visit CC 309 N Water,Ste.D Streetscape(Admin) 11/13/20 1/31/21 $ 465.00 $ 233 $ 233 Rockit's 709 N Chaparral Streetscape $ 21,200.00 $ 10,000 $ 10,000 IBC 221 S Shoreline Streetscape 9/30/18 $ 16,721.00 $ 8,360 $ 8,360 GoldFish(R.Cooper) 724 Mesquite Streetscape $ 2,534.00 $ 1,267 $ 1,267 Water Street Gardens Streetscape(Admin) 2/5/21 4/1/21 $ 22,000.00 $ 10,000 $ 10,000 AAdi 1001 2nd St Streetscape 4/27/21 9/30/21 $ 168,000.00 $ 24,036 $ 24,036 ESC#2 209N Water Streetscape 7/27/21 10/31/21 $ 37,226.00 $ 18,613 $ 18,613 Aadi Mural 1001 2nd St Streetscape 1/24/22 5/30/22 $ 20,150.00 $ 9,825 $ 9,825 Vernon's 1030 3rd St Streetscape 10/22/21 9/21/21 $ 23,870.00 $ 10,000 $ 10,000 Private Wealth Group 1102 Santa Fe Streetscape 9/21/21 9/30/22 $ 133,500.00 $ 66,750 $ 66,750 Hypebyke 311 Peoples Commercial Finish Out 1/22/22 12/31/22 $ 34,825.00 $ 12,000 $ 12,000 Hybrid Records 417 Peoples Commercial Finish Out 1/22/22 4/30/22 $ 20,000.00 $7,040 $7,040 All Good Fitness 424 Schatzel Commercial Finish Out 5/24/22 1/31/22 $ 100,000.00 $ 39,000 $ 23,010 $ 71,988,456 $ 1,247,452 7 1,205,952 This will be updated when project plan is amended. 171 Page L "d 10t" Amendment to TIRZ #3 Project & Financing Plan October 31, 2023 Revitalization Services The DMD will also provide revitalization services to the zone. These services will include operations—such asI Tit ��t �. cleaning, beautification, landscaping and seasonal "t 400' improvements; as well as activities that improve business operations and climate, as allowed by Chapter 311; as well as activities approved by then ` Board that are found to be convenient for improving implementation of the project and financing plan. The DMD will propose an annual list of one-time projects but may include re-occurring services in the Interlocal Agreement with the annually approved Service Plan. Examples include— micro mobility (previously Bike • Al Share), district wide branding, website development, construction mitigation and other items that provide a unified front door for TIRZ#3. �� �� New TIRZ #3 Program Proposal : Rooftop Activation Program In this program, TIRZ#3 will agree to reimburse an approved existing or new business' rooftop patio improvements, as well as rooftop access. • Floor and wall upgrades • permanent seating, • lighting • shade structures, • security cameras, rooftop accessibility • signage, elevators and stairs), • bar build out, enclosed landings, u • restrooms, windows, doors _ '�- • mechanical, electrical, and other permanent plumbing costs, fixtures. • roof repair, r • structural roof support, rooftop safety, An owner or tenant can qualify for up to 50% of the overall eligible costs. Maximum payout will be $500,000 annually per patio. so �o o� � v µCORPORI AGENDA MEMORANDUM 1852 Public Hearing and Resolution for the City Council Meeting of October 31, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mike Markle, Chief of Police mikema@cctexas.com 361-886-2601 Calallen Police Substation (Design Only) CAPTION: Resolution authorizing the location of Calallen Police Substation at the West Guth Park, located in Council District 1. PURPOSE: This resolution will authorize the location of Calallen Police Substation at West Guth Park. BACKGROUND: On November 8, 2022, voters approved the City of Corpus Christi's Bond 2022 Program for a total of $125 million with thirty-two projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and library improvements. One of the thirty-two projects included the full design of the Calallen Police Substation. After the passage of the Bond 2022, the Police Department has identified that the best location for the Calallen Substation to be at West Guth Park based on the service area and the proximity to the highway. The exhibit shows the approximate location of the facility with an approximate area of 5 acres. The project design will begin after the approval of the resolution. ALTERNATIVES: The alternative is to reject the proposed location and City will have to look for other property options to construct the Calallen Police Substation. FISCAL IMPACT: There is no fiscal impact proposed with this item. LIST OF SUPPORTING DOCUMENTS: Resolution Exhibit Resolution authorizing a Calallen Police Substation to be located at West Guth Park in Council District 1. WHEREAS, on November 8, 2022, voters approved the City of Corpus Christi's Bond 2022 Program, which included the full design of a Calallen police substation; WHEREAS, the Corpus Christi Police Department has identified that the best location for a Calallen police substation is within the northeast corner of West Guth Park, based on the service area and the proximity to the highway-land WHEREAS, a police substation constitutes a park use under Texas Parks and Wildlife Code § 26.001. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Council of the City of Corpus Christi, upon holding a public hearing, finds that there is no feasible and prudent alternative to the use or taking of such land; and the Calallen Police Substation project includes all reasonable planning to minimize harm to the land, as a park, recreation area, scientific area, wildlife refuge, or historic site, resulting from the use or taking. SECTION 2. The proposed Calallen Police Substation is authorized to be located at West Guth Park in Council District 1 . PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Capital Improvement Flan 2024 tbru 2026 City of Corpus Christi, Texas Project# 23176 Project Name Calallen Police Substation (Design Only) Type Improvement/Additions Department Police Department _ M� Useful Life 40 years Contact Police Chief r � Category Building Addition Priority Important-Community Investment Council District I Status Active Description ` Design of building to house a Police Substation in the Calallen area.The new substation must be geographically located in the Calallen area, support an estimated staff of 25 personnel,provide parking for 52 police vehicles,staff parking for 25 vehicles,and public parking for 12 vehicles. City own land in West Guth Park will be considered for the location of this substation. Justification Currently the substation in Calallen is utilizing a Flint Hills facility at 1925 Tuloso Road,(old Tuloso Midway school)at no rental rate.There is no room for expansion. Flint Hills provides 40 parking spaces. Expenditures Prior Years 2024 2025 2026 Total Design 450,000 450,000 900,000 Eng,Admin Reimbursements 50,000 50,000 100,000 Total 500,000 500,000 1,000,000 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond 2022 500,000 500,000 1,000,000 °row 500,000 500,000 1,000,000 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 194 so �o o� A P Iv AGENDA MEMORANDUM WoRPORPg4 First Reading for the Cit Council Meeting of October 31, 2023 1852 g Y g Second Reading for the City Council Meeting of November 28, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Mike Markle, Chief of Police mikema@cctexas.com 361-886-2601 Amendment to the Interlocal Cooperation Agreement with Del Mar College District for Lease of Property for the new Far South Police Substation CAPTION: Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease of 14 acres of Del Mar property to serve as the location for the City's new Police Training Academy and a new City Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) SUMMARY: On April 261h, 2022, City Council approved the amendment to the Interlocal Cooperation Agreement with Del Mar College District for the lease of nine acres of property located at the Del Mar southside campus at the corner of Rodd Field Road and Yorktown Boulevard to serve as the new location for the City's Police Training Academy. This ordinance authorizes an Amendment to the Interlocal Cooperation Agreement with Del Mar College District to increase the lease area from nine acres to fourteen acres of property to construct the new Far South Police Substation in conjunction with the training academy.The lease agreement terms and conditions will remain the same as per the initial agreement. BACKGROUND AND FINDINGS: On November 8, 2022, voters approved the City of Corpus Christi's Bond 2022 Program for a total of $125 million with thirty-two projects. The propositions passed on election day include projects for streets, parks and recreation, public safety, and library improvements. One of the thirty-two projects included the full design and construction of the Far South Police Substation. The City currently has an interlocal agreement with Del Mar College District for the lease of nine acres of property located at the Del Mar southside campus at the corner of Rodd Field Road and Yorktown Boulevard. The initial lease was authorized by City Council on November 10, 2020, for five acres of lease area, and then on April 26, 2022, the lease was amended to increase the lease area to nine acres. The property is leased for a 50-year term with an option to renew for an additional 50 years with an annual payment of$10.00. The Police Department has identified that the best location for the Far South Substation to be within the proximity of Rodd Field Road and Yorktown Boulevard based on the service area. Based on the availability of real estate, staff has determined the best location to construct the substation will be on the Del Mar southside campus at the west end. The Police Training Academy is currently under construction within the leased area. The exhibit shows the approximate location and the dimensions location of the substation. The proposed action item will amend the Interlocal Cooperation Agreement with Del Mar College District to increase the lease area from nine acres to fourteen acres. In turn, the City would lease 1.2 acres of City property to Del Mar College for a 50-year term with an option to renew for an additional 50 years with an annual payment of$10.00. The Del Mar College District approved the Amendment to the Interlocal on October 3, 2023. City Charter requires a two-reading ordinance with a 28-day delay between readings for a lease of City property that exceeds five years. ALTERNATIVES: The alternative is to reject this amendment, and the City will have to look for other property options to construct the Far South Police Substation. FISCAL IMPACT: There is no fiscal impact proposed with this item. Funding Detail: N/A RECOMMENDATION: Staff recommends approval of this amendment. This will provide land that is needed for the construction of the new Far South Police Substation. LIST OF SUPPORTING DOCUMENTS: Ordinance Draft Lease Exhibit Ordinance authorizing an Amended Interlocal Cooperation Agreement with Del Mar College District for a 50-year renewable lease of 14 acres of Del Mar property to serve as the location for the City's new Police Training Academy and a new City Police Substation along Yorktown Boulevard in exchange for the lease of a 1.2-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard. (28-day delay required between readings) BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an Amended Interlocal Cooperation Agreement with the Del Mar College District for the lease of 14 acres of Del Mar property at or near Yorktown Blvd for placement of a City Police Training Academy and City Policy Substation in exchange of the lease of a 1 .1995-acre City tract located at the corner of Rodd Field Road and Yorktown Boulevard for 50 years, with the option to renew for an additional 50 years. SECTION 2. This Ordinance was read at two separate City Council meetings, the second City Council meeting reading being at least 28 days following the first reading date. SECTION 3. A copy of this Ordinance and a brief summary of the lease agreement was published in the Corpus Christi Caller Times, or such other newspaper of general circulation, within 5 days following each reading of this Ordinance at a City Council meeting. SECTION 4. The Lease is effective, following execution by the City Manager, on the 61 st day following final approval of the City Council. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Rebecca Huerta, City Secretary Paulette Guajardo, Mayor 2NDAMENDED INTERLOCAL CONTRACT BETWEEN DEL MAR COLLEGE DISTRICT AND CITY OF CORPUS CHRISTI TO LEASE PROPERTY FOR CITY POLICE TRAINING ACADEMY AND POLICE SUBSTATION WHEREAS, in the spirit of cooperation, enhancing services, and maximizing tax dollars, the Del Mar College District ("College") and City of Corpus Christi ("City") desire City to locate the City's Police Training Academy and Substation on College property; WHEREAS, the College is an abutting property owner to a City tract that was originally acquired for streets, rights-of-way, or easements and College desires to lease City's tract; WHEREAS, the City chooses to lease City's tract to College in consideration for the City's Police Training Academy and Substation leasehold; WHEREAS, pursuant to Texas Education Code §130.0021 , the City's Police Training Academy and Substation is a governmental function that promotes a public purpose related to higher education within the Del Mar College Service District and is consistent with and complementary to the mission of College; and WHEREAS, this Interlocal supersedes the previous interlocal contract between Del Mar College District and City of Corpus Christi to lease property for City Police Training Academy executed April 5, 2021 , and amended on January 20, 2023. This Lease is hereby entered into between Del Mar College District ("College"), a Texas Junior College District and Institution of Higher Education, and City of Corpus Christi ("City"), a Texas Home Rule Municipal Corporation. ARTICLE 1. DEMISE OF LEASED PREMISES §1 .01 . City Lease of College Premises In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, College demises and leases to City, and City leases from College, 14 acres situated on Yorktown Blvd, in Corpus Christi, Nueces County, Texas, as shown in Exhibit 1 & 2 attached to this lease, and made a part of this lease for all purposes (collectively referred to as "the premises" or"the leased premises" in this lease). The area leased to the City may be increased with College's written consent to account for additional amenities or change in design layout. City is to have and to hold the premises, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way appertaining to them, including but not limited to any easements, rights, title, and privileges of College, existing now or at any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party walls, and property contiguous to the premises and reversions that may later accrue to College as owner of the premises by reason of the closing of any street, sidewalk, or alley. 1 §1 .02 College Lease of City Premises In consideration of the mutual covenants and agreements of this lease, and other good and valuable consideration, City demises and leases to College, and College leases from City, 1 .1995 acres, situated on Yorktown Blvd, in Corpus Christi, Nueces County, Texas, as shown in Exhibit A & B attached to this lease, and made a part of this lease for all purposes (collectively referred to as "City Tract" in this lease). College is to have and to hold the City Tract, together with all rights, privileges, easements, appurtenances, and immunities belonging to or in any way appertaining to them, including but not limited to any easements, rights, title, and privileges of City, existing now or at any time during the lease term, in, to, or under adjacent streets, sidewalks, alleys, party walls, and property contiguous to the City and reversions that may later accrue to City as owner of the City Tract by reason of the closing of any street, sidewalk, or alley. ARTICLE 2. LEASE TERM §2.01. Fixed Beginning, Termination Date and Consideration a. For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby acknowledged, College hereby leases to City, for a term of 50 years, subject to the other terms and conditions of this Agreement, Leased Premises as described Exhibit 1 & 2, attached hereto, together with the right of ingress and egress thereto, unless terminating sooner as provided in this lease. The Agreement's considerations to College and/or City include, but are not limited to: -enhancement of safety and security on campus with the regular, conspicuous presence of law enforcement; -fostering of "goodwill" between governmental entities, contributing to public confidence; -creation of potential educational partnerships between College and City; -opening potential opportunity for College and City to utilize "shared space" consistent with respective missions; and, -maximizing use of public resources and improving delivery of services to the public, - lease of City Tract. b. For and in consideration of ten dollars ($10.00) a year, receipt of which is hereby acknowledged, City hereby leases to College, for a term of 50 years, subject to the other terms and conditions of this Agreement, City Tract, as described Exhibit A & B, attached hereto, together with the right of ingress and egress thereto, unless terminating sooner as provided in this lease. 2 §2.02. Right to Extend a. City may extend the lease of Leased Premises as described Exhibit 1 & 2 for 50 additional years with a fixed annual rent of $10 by giving College written notice of City's intention to do so within the last two years before the lease term expires but no later than six months before it expires, under all the terms of this lease. b. College may extend lease of City Tract for 50 additional years with a fixed annual rent of $10 by giving City written notice of College's intention to do so within the last two years before the lease term expires but no later than six months before it expires, under all the terms of this lease. §2.03. Termination This lease will terminate without further notice when the term specified in §2.01 expires, and any holding over by City after that term expires, other than as provided in §2.02, will not constitute a renewal of the lease or give City any rights under the lease in or to the premises. §2.04. Revocable This lease is revocable if the City does not initiate construction of the Police Training Academy within 10 years from final execution of this lease. After construction of the Police Training Academy, this lease is revocable if the City vacates the leased premises for a period longer than five years. §2.05 Irrevocable This lease is irrevocable upon initiation of construction of the Police Training Academy as agreed to, except if the City vacates the leased premise after constructing the Police Training Academy for a period longer than five years. ARTICLE 3. USE OF PREMISES §3.01. Permitted and Prohibited Use of Premises City may use the premises to develop, construct, and to operate a Police Training Academy and Police Substation, and for no other purpose without the written consent of College. The Police Training Academy may consist of single or multiple buildings, including a parking lot and running track. The Police Substation may consist of single or multiple buildings including a parking lot. §3.02. Use Not Permitted City may not use all or any part of the premises or any building situated on them for a firing range or driving track. 3 ARTICLE 4. INTERLOCAL CONTRACTS §4.01. Lease This lease constitutes an Interlocal Contract pursuant to Texas Government Code Chapter 791 and is dually authorized by the respective governing bodies. §4.02. Contracts The College and City contemplate entering into additional Interlocal Contracts to address design, construction, and operation of the Police Training Academy, Police Substation, and additional use of the premises. ARTICLE 5. CONSTRUCTION BY CITY §5.01. General Conditions a. City may, at any time and from time to time during the lease term, erect, maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on the premises, and correct and change the contour of the premises, subject to the following: i. City bears the cost of any such work. ii. The premises must at all times be kept free of mechanics' and materialmen's liens. iii. College must be notified of the time for beginning and the general nature of any such work, other than routine maintenance of existing buildings or improvements, at the time the work begins. iv. The conditions of § 5.03 concerning College's approving plans must be followed. b. . College may, at any time and from time to time during the lease term, erect, maintain, alter, remodel, reconstruct, rebuild, replace, and remove buildings and other improvements on City Tract, and correct and change the contour of the premises, subject to the following: i. College bears the cost of any such work. ii. City Tract must at all times be kept free of mechanics' and materialmen's liens. §5.02. Easements, Dedications, Zoning, and Restrictions a. College must cooperate with City concerning easements, dedications, and restrictions of the premises as follows: i. Easements and Dedications. To provide for the more orderly development of the premises, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights 4 be granted or dedicated over or within portions of the premises. College must, on City's request, join with City in executing and delivering the documents, from time to time, and throughout the lease term, as may be appropriate, necessary, or required by the several governmental agencies, public utilities, and companies for the purpose of granting the easements and dedications. ii. Zoning. If City considers it necessary or appropriate to obtain use, zoning, or subdivision and precise plan approval and permits for the premises or any part of them, College will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, plats, precise plan approval, and further, for the purposes of annexation to or the creation of districts and governmental subdivisions. College will execute these documents from time to time as requested by City. iii. Restrictions. At City's request, College will, from time to time, execute and deliver or join in the execution and delivery of the documents that are appropriate, necessary, or required to impose on the premises covenants, conditions, and restrictions providing for the granting of exclusive uses of the premises, or any part of them; the establishment of common and parking areas; the establishment of party walls; provisions for enlarging the common and parking areas by establishing mutual and reciprocal parking rights and the rights of ingress and egress; and other like matters, all of which are for the purpose of orderly development of the premises as a commercial unit. iv. Expenses. City exclusively bears the cost and expense of any action required of College under subparagraphs i through iii, above. v. City as College's Agent. College appoints City as its attorney in fact and agent (to be irrevocable so long as this lease remains in full force, which is deemed to be a power coupled with an interest) to execute and deliver and to record any documents that may be appropriate, necessary, or required under subparagraphs i through iii above, in College's name, and any third person may rely on such execution, delivery, and recordation. b. City must cooperate with College concerning easements, dedications, and restrictions of City Tract as follows: i. Easements and Dedications. To provide for the more orderly development of City Tract, it may be necessary, desirable, or required that street, water, sewer, drainage, gas, power lines, and other easements and dedications and similar rights be granted or dedicated over or within portions of the premises. City must, on College's request, join with College in executing and delivering the documents, from time to time, and throughout the lease term, as may be appropriate, necessary, or required by the several governmental agencies, public utilities, and companies for the purpose of granting the easements and dedications. 5 ii. Zoning. If College considers it necessary or appropriate to obtain use, zoning, or subdivision and precise plan approval and permits for City Tract or any part of them, City will execute the documents, petitions, applications, and authorizations as are appropriate or required to submit the premises, or any part of them, for the purposes of obtaining conditional use permits, zoning and rezoning, tentative and final tract approval, plats, precise plan approval, and further, for the purposes of annexation to or the creation of districts and governmental subdivisions. City will execute these documents from time to time as requested by College. iii. Restrictions. At College's request, City will, from time to time, execute and deliver or join in the execution and delivery of the documents that are appropriate, necessary, or required to impose on the premises covenants, conditions, and restrictions providing for the granting of exclusive uses of the premises, or any part of them; the establishment of common and parking areas; the establishment of party walls; provisions for enlarging the common and parking areas by establishing mutual and reciprocal parking rights and the rights of ingress and egress; and other like matters, all of which are for the purpose of orderly development of City Tract as a commercial unit. iv. Expenses. College exclusively bears the cost and expense of any action required of City under subparagraphs i through iii, above. v. College as City's Agent. City appoints College as its attorney in fact and agent (to be irrevocable so long as this lease remains in full force, which is deemed to be a power coupled with an interest) to execute and deliver and to record any documents that may be appropriate, necessary, or required under subparagraphs i through iii above, in City's name, and any third person may rely on such execution, delivery, and recordation. §5.03. College's Approval of Plans The following rules govern College's approving construction, additions, and alterations of buildings or other improvements on the premises: a. Written Approval Required. No building or other improvement may be constructed on the premises unless the plans, specifications, and proposed location of the building or other improvement has received College's written approval and the building or other improvement complies with the approved plans, specifications, and proposed location. No material addition to or alteration of any building or structure erected on the premises may be begun until plans and specifications covering the exterior of the proposed addition or alteration have been first submitted to and approved by College. b. Submission of Plans. City must, at its own expense, engage a licensed architect or engineer to prepare plans and specifications for constructing a building or improvements or additions or alterations to any buildings or improvements that require College's approval under subparagraph a above. City must submit copies of detailed working drawings, plans, and specifications for constructing a building or improvements or additions or alterations for College's approval. If City wishes to construct any other 6 buildings or improvements or make any additions or alterations to buildings or improvements for which College's approval is required under Subsection (a) above, City must submit copies of detailed working drawings, plans, and specifications for any such projects for College's approval before the project begins. c. College's Approval. College will promptly review and approve all plans, meeting external architectural consistency with the remainder of the college campus, submitted under subparagraph b above or note in writing any required changes or corrections that must be made to the plans. Any required changes or corrections must be made, and the plans resubmitted to College, within 60 days after the corrections or changes have been noted. College's failure to object to the resubmitted plans and specifications within 30 days constitutes its approval of the changes. Approval by College shall not be unreasonably withheld, and any disapproval will be in writing with reasons, therefore. Minor changes in work or materials not affecting the general character of the building project may be made at any time without College's approval, but a copy of the altered plans and specifications must be furnished to College. d. Exception to College's Approval. The following items do not require submission to, and approval by, College: i. Minor repairs and alterations necessary to maintain existing structures and improvements in a useful state of repair and operation. ii. Changes and alterations required by an authorized public official with authority or jurisdiction over the buildings or improvements, to comply with legal requirements. e. Effect of Approval. College's approval of any plans and specifications applies only to the conformity of the plans and specifications to the general architectural plan for the premises, and College may not unreasonably withhold approval. College's approval does not constitute approval of the architectural or engineering design, and College, by approving the plans and specifications, assumes no liability or responsibility for the architectural or engineering design or for any defect in any building or improvement constructed from the plans or specifications. §5.04. Ownership of Buildings, Improvements, and Fixtures a. Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or maintained on any part of the leased premises during the lease term are property of the City. Upon expiration or termination of the lease, all permanent buildings, improvements, additions, alterations, and fixtures become the property of the College, unless College elects not to retain said property, in which case, City will remove any or all of said property within 12 months after the date of expiration or termination of this Lease Agreement. b. Any buildings, improvements, additions, alterations, and fixtures constructed, placed, or maintained on any part of City Tract during the lease term are property of the College. Upon expiration or termination of the lease, all permanent buildings, improvements, 7 additions, alterations, and fixtures become the property of the City, unless City elects not to retain said property, in which case, College will remove any or all of said property within 12 months after the date of expiration or termination of this Lease Agreement. §5.05. Right to Remove Improvements a. City may, at any time while it occupies the premises, or within a reasonable time thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or placed by City, its subtenants or licensees, in, under, or on the premises, or acquired by City, whether before or during the lease term. b. College may, at any time while it occupies City Tract, or within a reasonable time thereafter, remove any furniture, machinery, equipment, or other trade fixtures owned or placed by College, its subtenants or licensees, in, under, or on City, or acquired by College, whether before or during the lease term. ARTICLE 6. NOTICE Notice may be given by hand delivery or certified mail, postage prepaid, and received on the day hand-delivered or on the third day after deposit if sent certified mail. Notice will be sent as follows: IF TO CITY: IF TO COLLEGE: City of Corpus Christi Del Mar College Attention: City Manager Attention: President P. 0. Box 9277 101 Baldwin Blvd. Corpus Christi, TX 78469-9277 Corpus Christi, TX 78404 ARTICLE 7. UTILITIES a. City will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all other utilities used on the premises throughout the lease term, including any connection fees. b. College will pay or cause to be paid all charges for water, wastewater, electricity, gas, and all other utilities used on City Tract throughout the lease term, including any connection fees. ARTICLE 8. REPAIRS AND MAINTENANCE, a. At all times during the lease term, City will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on the premises in a good state of appearance and repair (except for reasonable wear and tear) at City's own expense. b. At all times during the lease term, College will keep and maintain, or cause to be kept and maintained, all buildings and improvements erected on City Tract in a good state of appearance and repair (except for reasonable wear and tear) at College's own expense. 8 ARTICLE 9. VOLUNTARY CONVEYANCE a. If College, during the lease term, desires to sell all or any portion of the Leased Premises and/or areas of ingress/egress, City will have the right of first refusal to meet any bona fide offer of sale on the same terms of the offer. b. If City, during the lease term, desires to sell all or any portion of the City Tract and/or areas of ingress/egress, College will have the right of first refusal to meet any bona fide offer of sale on the same terms of the offer. ARTICLE 10. WARRANTIES AND COVENANTS § 10.01. Warranty of Title College warrants that it is the owner in fee simple absolute of the premises. § 10.02. Warranty of Quiet Enjoyment College covenants that, as long as City pays the rent and other charges under this lease and observes the covenants and terms of this lease, City will lawfully and quietly hold, occupy, and enjoy the premises during the lease term without being disturbed by College or any person claiming under College, except for any portion of the premises that is taken under the power of eminent domain. § 10.03. Warranty of Title City warrants that it is the owner in fee simple absolute of City Tract. § 10.04. Warranty of Quiet Enjoyment City covenants that, as long as College pays the rent and other charges under this lease and observes the covenants and terms of this lease, College will lawfully and quietly hold, occupy, and enjoy City Tract during the lease term without being disturbed by City or any person claiming under City, except for any portion of City Tract that is taken under the power of eminent domain. ARTICLE 11. GENERAL PROVISIONS § 11 .01. No Partnership or Joint Venture The relationship between College and City is at all times solely that of College and City and may not be deemed a partnership or a joint venture. § 11 .02. Force Majeure If constructing the building as provided in §2.04 or curing any default or performing any other covenant or term is delayed by reason of war, civil commotion, act of God, governmental restrictions, regulations, or interference, fire or other casualty, or any other circumstances beyond City's control or that of the party obligated or permitted under this lease to do or perform the term or covenant, regardless of whether the circumstance is 9 similar to any of those enumerated or not, each party so delayed is excused from performance during the delay period. § 11 .03. No Waiver No waiver by either party of any default or breach of any covenant or term of this lease may be treated as a waiver of any subsequent default or breach of the same or any other covenant or term of this lease. § 11 .04. Severability If any covenant, condition, or provision in this Agreement is held to be invalid by any court of competent jurisdiction, the invalidity of such covenant, condition, or provision in no way affects any other covenant, condition, or provision herein contained. § 11 .05. Interpretation The Parties acknowledge that each of them has been actively involved in negotiating this Agreement. Accordingly, the rule of construction that any ambiguities are to be resolved against the drafting Party will not apply to interpreting this Agreement. In the event of any dispute over the meaning or application of any provision of this Agreement, the provision will be interpreted fairly and reasonably and neither more strongly for or against any Party, regardless of which Party originally drafted the provision. § 11 .06. Effective Date of Agreement This Agreement will begin upon approval by the City Council and District Board of Regents and last signature of their authorized representative. 10 CITY OF CORPUS CHRISTI DEL MAR COLLEGE DISTRICT Michael Rodriguez (Date) Mark Escamilla, Ph. D. (Date)) Deputy City Manager President/CEO For City Manager ATTEST: Rebecca Huerta (Date) City Secretary APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney 11 EXHIBIT 1 Lzt a 35.152 Acres TOTAL PROPERTY 9 ACRES N 1,5J 1,212af N 614' — - 3.5 F 1 N ADDITIONAL PROPERTY 2.5 ACRES lv J.E.��.S. 639' eas Lot 2 6.509 Acres 263.534af I -25 F N5p�3"W— _ .W Fhase 1 r96�ss" - EXISING SITE 6.5 ACRES '..E 81 a pp' .., E N57'79 d6 1439.64 25,40— N 61 19 5.40•N61'19 66 1439.62 Yorktown Boulevard — — — — — — — — — 9 EXHIBIT 2 W S ° ° 46 �p , m x . x, r ce / a � a NEW POLICE TRAINING ACADEMY FAR SOUTH POLICE SUBSTATION ..,. h BILL WITT PARK " s AERIAL MAP NOT TO SCALE PROJECT NUMBER: 23177 41 EXHIBIT 2 FAR SOUTH �^ POLICE SUBSTATION CITY OF CORPUS CHRISTI,TEXAS I • _ 1 DEPARTMENT OF ENGINEERING SERVICES 820 Buffalo Street t 361887 8851 III Corpus Christi,Texas 78401 f 3618878855 LJA.com TBPE F-1386 LJA ENGINEERING TBPLS10016600 May 10, 2017 LJA Project No. C007-15025.402 EXHIBIT `A' FIELD NOTES DESCRIPTION THE STATE OF TEXAS § COUNTY OF NUECES § Field notes of a 1.1995-acre right-of-way Surplus Tract out of a 35.19-acre tract of land, being out of a portion of Lot 9 and 10, Section 21, Flour Bluff & Encinal Farm & Garden Tracts ("F.B. & E.F. & G.T."), as recorded in Document Number 2013042625 of the Official Public Records of Nueces County, Texas and described by metes and bounds as follows: COMMENCING at a PK nail found in the centerline of Rodd Field Road and the common corner of Lots 8 and 9, Section 21, & Lots 1 and 16, Section 25, F.B. & E.F. & G.T., as recorded in Volume A, Page 41-43, Map Records of Nueces County, Texas; THENCE N 61020'00" W, a distance of 60.00 feet to a 5/8" iron rod with cap found on the west right-of-way of Rodd Field Road; THENCE S 28040'00" W along the west right-of-way of Rodd Field Road, a distance of 751.60 feet to the point of curvature of a curve to the right, with a radius of 513.20 feet and a central angle of 8°00'16", whence a 5/8" iron rod with cap found bears N 61020'00" W, a distance of 1.10 feet; THENCE along the west right-of-way of Rodd Field Road and along said curve to the right, a distance of 71.70 feet to a 5/8" iron rod with cap set for the POINT OF BEGINNING of this tract; THENCE S 28040'00" W along west right-of-way of Rodd Field Road, a distance of 412.95 feet to a 5/8" iron rod with cap set at the point of curvature of a curve to the right, with a radius of 25.00 feet and a central angle of 90001'30", for a corner of this tract; THENCE along the west right-of-way of Rodd Field Road and along said curve to the right, a distance of 39.28 feet to a 5/8" iron rod with cap set at the point of tangency of the curve and north right-of-way of Yorktown Boulevard for a corner of this tract; THENCE N 61018'30" W along the north right-of-way of Yorktown Boulevard, a distance of 419.47 feet to a 5/8" iron rod with cap set at north right-of-way of a curve to the left with a radius of 513.20 feet and a central angle of 74051'49"for a corner of this tract; Exhibit'A'— 1.1995-Acre Surplus Tract May 10, 2017 Page 2 of 2 THENCE along the north right-of-way of Yorktown Boulevard and along said curve to the left, a distance of 670.56 feet to POINT OF BEGINNING, containing 1.1995 acres, more or less. Bearings refer to grid north, Texas State Plane Coordinate System, South Zone, NAD83, US Survey Feet, as observed by GPS. This field notes description is accompanied by a survey map titled Exhibit 'B', dated May 10, 2017. I, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under my supervision, this the 10th day of May, 2017. 7c At lir '� ��:�--�` }`i'•',,>• Registered Professional Land Sjfrveyor Texas Registration No. 4471 WACC NAME: R:\CLENTS\CTY OF CC-7\15025 — Radd Field Road Expansion—Saratoga to Yorktown\SURVEY\CAD\Rodd Field — ROWacquisition.dwg CM DATE: 10 MAY 2017 TIME: 8:21 FOUND 5/8" IRON ROD W/ CAP; BEARS N61'20'00"E, AT 0.70' r PROPERTY CURVE TABLE N21'32'05 E RADIUS LENGTH DELTA ANGLE 8 CURVE (R) (L) (A) 't C1 513.20' 71.70' 8.00'16 GRAPHIC SCALE I C2 25.00' 39.28' 90.01'30" C3 513.20' 670.56' 74.51'49" D 100' 200' 1 .1995 ACRE I ROW SURPLUS �,�.�• Q eF �� w z OJ�� 0 O� OSS j w O m z 3 S�� G Z 0�� I W� I 0 101l� i <0- r 00 Io I �O (::Ij I LLJto CV FOUND 5/8" IRON ROD W/ CAP; C3 I < Z BEARS N61.20'00"W, AT 1.10' I O I > I 65.00' REMAINDER OF LOTS 9 ?e 10, UTILITY oc r10 2ao3os7sos I W I SECTION 21, F. B. & E. F. $1 G. T. I o VOL 252, PG 69, D.R.N.C.T. (SAVE AND EXCEPT) a o (OWNER: CIN OF CORPUS CHRISTI) 20' UTILITY EASEMENT FOUND 8" IRON N to ---- "OC. NO. 2003067609 ROD W/ CAP Z to -------- -------------- -- �--I QS28'40'00" W 412.95' S28 40'00"W N61.20'00"W 0 C1 751.60' 60.00' in POINT OF BEGINNING RODD FIELD ROAD SET 5/8" IRON ROD W/ CAP LOT F Y-;)251 --ON LOT 4 COMMENCING POINT SIECTMIq 25 FOUND PK NAIL NOTES: 1. BEARINGS REFER TO GRID NORTH, TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, NAD83, US SURVEY FEET, AS OBSERVED BY GPS. 2. SET 5/8" IRON ROD AT ALL CORNERS; UNLESS NOTED I, ALBERT E. FRANCO, JR., REGISTERED PROFESSIONAL LAND SURVEYOR, DO HEREBY OTHERWISE. CERTIFY THAT THIS DRAWING WAS PREPARED FROM SURVEYS MADE ON THE GROUND 3. THIS SURVEY IS ACCOMPANIED BY A FIELD NOTES UNDER MY SUPERVISION, AND THAT SAID BOUNDARY SURVEY IS CORRECT TO THE BEST DESCRIPTION OF THIS TRACT, TITLED EXHIBIT 'A', DATED MAY OF MY KNOWLEDGE, THIS THE 10th DAY OF MAY, 2017. 10, 2016. 6� r�� N EXHIBIT 'B' •:A• . t� m:� 4'.71 1 .1995 ACRE R.O.W. SURPLUS c � . ... .... -v`-'ydr fS LA14 LJA Engineering, Inc. ALBERT E. FRA CO, JR., .L.S. 820 Buffalo Street Phone 361.887.8851 TEXAS REGISTRATION Ily. 4471 Corpus Christi,Texas 78401 Fax 361.887.8855 TBPE Firm Reg.#F-1386 TBPLS Firm Reg.#10016600 r .1. mrx COM aM DAY PROJECT • • f „n , a„ i • Mor Ilk , f�. f,17 A „ ti w i deF• AERIAL MAP OTE -1 El I I MITI 10 0 • • SCALE -• o�`eus cyq SOUTHFAR DEPARTMENT • POLICE SUBSTATION CITY OF CORPUS CHRISTI,TEXAS 7852 „ 4 , a LU ” U ui l E ' ' l L - � M _ q _ rLL ,.. • LU ry , ui U k w �. In O LP co U) LLj LU cl LU U - a � �o J � Z-- z LU z j-Z y .. 2 O LL �° a_ `6 J m � m so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Action Item for the City Council Meeting October 31, 2023 1852 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health FauziaK(a)-cctexas.com 361-826-7202 Amendment to the Agreement for the City-Operated Corpus Christi-Nueces County Public Health District Identifying Nueces County Membership Contributions for FY 23-24 CAPTION: Motion authorizing an Amendment to the Agreement for the City-Operated Corpus Christi- Nueces County Public Health District (CC-NCPHD), identifying Nueces County membership contributions for FY 23-24 of$1,765,296 for Public Health Services with such contributions renewing annually, providing annual negotiation for additional contributions, and commencement of a Sunset review by October 1, 2024. SUMMARY: As part of the cooperative service agreement between the City of Corpus Christi and Nueces County, membership contributions were negotiated for FY 23-24 in the amount of $1,765,296, which is $88,264 less than the requested amount, thereby leading to a reduction in services. Nueces County's membership contributions will renew annually, providing annual negotiation for additional contributions, and commencement of a Sunset review by October 1, 2024. BACKGROUND AND FINDINGS: On February 15, 2022, the Cooperative Agreement was executed by the City of Corpus Christi and Nueces County. As part of said agreement, the City of Corpus Christi became the sole operator of the CC-NCPHD effective March 1, 2022. The City and Nueces County have been in negotiations to make further amendments to the agreement. After several negotiations and at the request of Nueces County, the membership contributions were agreed upon by the County Judge and Commissioners Court. Additionally, the amendment to the Agreement includes the following changes: Sets the County's base contribution for Fiscal Year 24 and subsequent fiscal years contribution at $1,765,296. Allows for negotiation of additional contributions from the County each year, to be reached by July 1. Such additional contributions are included in the base for the following fiscal year and require the County to notify the City if they propose to provide funding less than the previous fiscal year. Specifies that any funds received by the County on behalf of the Health District must be transferred in 30 days. Reduces services at the Calderon Clinic from two days a week to one day a week. Reduces the Mobile Health Clinic services from two days a month to one day a month. It extends the deadline for the Sunset Review from February 15, 2024, to October 1, 2024, with the Sunset Review concluding by December 31, 2024. It provides for the City Manager and County Commissioner's Court to mutually select a consultant for the Sunset Review and specifies that the County and City share equally in the cost of a Sunset review consultant. ALTERNATIVES: Although it is not recommended, the City Council can refuse the amendment which will result in reduced additional funding to be utilized for services provided by the Corpus Christi-Nueces County Public Health District. FISCAL IMPACT: Corpus Christi-Nueces County Public Health District funding from the County will be negotiated annually as payments for services and operations will be budgeted per fiscal year. FUNDING DETAIL: Fund: N/A Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Motion. LIST OF SUPPORTING DOCUMENTS: 1 sl Amendment to the Amended Cooperative Agreement Presentation 1s,Amendment to the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District This is an amendment to the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District, attached hereto as EXHIBIT A and made a part hereof, originally dated February 15th, 2022,by and between:Nueces County and the City of Corpus Christi. NOW,THEREFORE,in consideration of the mutual covenants herein,the Parties agree to amend the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District with the following amendments as follows: Section 4. Financial Administration. a. City Payment for Health District. Subject to receipt of funds from the County, other entities paying for services of the health district, and other entities that have agreed to provide grants and other payments for operation of the health district,the City will pay for administration of the Health District pursuant to Tex.Health&Safety Codes 121.047. b. County Payments for Health District. (1) The County's membership contribution for each Fiscal Year is $1,765,296 2&31 2P32 from County Dep't 3091 City/Co Health Unit. , The County's membership contributions re--f Fisei' ) e ff 2n24 2P22 will be due in equal monthly installments of14$ 7,108 $134,714 no later than the first day of each month. These affieunts sha]4 be in addition to the transferred grant (2) To account for inflation and service levels_4:7the City and the County agree to negotiate additional County membership contributions pffyffiefi+s for future fiscal years before or concurrent with the budgeting process for the Parties and before adopting future budgets. Agreement on such additional County membership contributions shall be reached by July 1st prior to each fiscal year, and in the absence of Agreement, the Count): agrees to the last Count�:-aporoved amount of additional membership contribution. eeg-8+iff+ed. 3 If the Count proposes,adopts, or amends a budget to provide less funding than the previous fiscal ,year or as agreed. County will immediately the City of such proposal,adoption,or amendment. Budgeted services within Nueces County will be adjusted accordingly. (1-3) Each party acknowledges that services or costs for services in future years may change depending on the available funding from grants,general funds available from each party,and other funding sources. (5 4) If the County is in arrears on payments more than 90 days to the City, the Health District may suspend all or some of the services provided to areas outside the City limits and/ or require payment for services provided to non-City residents and/ or suspend the operation of County-requested programs and/ or programs established to benefit the County or Hospital District. Such suspension may be for the period of arrearage or other period as necessary to ensure the Health District is operated with its budget. @BCL@8014A639 1 Both sides acknowledge that some programs may not be suspended in order to comply with grant conditions or laws,but such failure to suspend shall not waive the City's rights pursuant to this paragraph. (£-5) The following contracts of the Health District that were approved by the County will be adopted by the City,and the City will be responsible for compliance with the terms therein: Contract Period of Performance Amount MOU with Health District-HHS001031800022 09/01/2021 -08/31/2023 No Cost treat and control the spread of infectious disease MOU with Health District 09/08/2020-08/25/2020 No Cost Confidential Data Vital Statistics Agreement with Health District 09/01/2018-08/31/2023 $1.83 per printed (City) record Access to DSHS Online Database Service Agreement with City 12/28/2020- 12/28/2023 $29,500 Drinking water testing Additional contracts of Health District that were approved by the County may be adopted by the City so long as the funding source associated with the Contract is also transferred to the City. Adoption will be determined by the City Manager. c. Grants and Income of the Health District. (1) Unless prohibited by the grant's terms, all grants will remain with the Health District and be managed by the City. Existing grant funds will be transferred to the control and administration of the City. The County will provide for the assignment, reassignment, transfer, and/or regrant of Health District grants managed by the County to the City in a manner that ensures that funding for functions being provided by the Health District is provided to the City for the payment of employee positions shifted to City employment. If grants are delayed,restricted,or slowed,the City will not consider the County responsible therefor,but the County agrees to use its best efforts to provide for transfer of grant control to the City. (2)The County acknowledges that the City is currently relying on the following grants for operation of the Health District, and will take all steps necessary to ensure that the City may administer funds from for all grants for the benefit of the Health District including but not limited to the following grants: Name of Grant(County Administered) Time Period Grant Amount Match HHS000812700015,Amendment No. 1 9/10/2020—7/31/2023 $3,550,004 IDCU/COVID HHS001077800001 09/09/2021 - 06/30/2023 $900,000 COVID - Public Health Crisis Response Cooperative Agreement CONTRACT NO.HHS001057600014 9/01/2021 -5/31/2023 $500,000 COVID-19 Health Disparities Grant @BCL@8014A639 2 HHS000288900003 01/01/2019- 08/31/2022 $1,011,806 STD/HIV contract CONTRACT NO. 537-18-0368-00001, 9/01/2021 -8/31/2022 $209,694 Amendment No. 4 HIV surveillance 537-18-0172-00001,Amendment No. 5 07/01/2017- 06/30/2022 $1,306,072 $24,000 for 2022 Public Health Emergency Preparedness Contract HHS000812700015 8/01/2020—4/30/2022 $1,410,636 IDCU/COVID TX Beach Water 2632 21-043-001 Work $127,000 Order#C992 Retention Grant if not distributed by $ March lst Name of Grant(City Administered) Time Period Amount Match HHS000802100001 10/01/2020- 09/20/2025 $1,005,493 Women,Infants and Children's Nutrition for FY22 Grant Program funding year HHS001019500010,Amendment No.1 5/14/2021 - 06/30/2024 $22,800,779 COVID-19 Vaccination Capacity Contract HHS001021100001 09/01/2021 - 08/31/2023 $328,736.00 Preventive Health and Health Services Block Grant HHS000442100001 09/01/2021 - 08/31/2023 $10,000 Laboratory response network influenza surveillance and epidemiology grant contract HHS001076700001 11/02/2021 - 06/30/2023 $1,550,000 CPS-PH-Workforce HHS001096400011 12/16/2021 - 12/31/2022 $58,014 $9,669 @BCL@8014A639 3 TUBERCULOSIS PREVENTION AND CONTROL — FEDERAL GRANT PROGRAM HHS000114000001,Amendment No. 3 9/01/2018—8/31/2022 $1,058,988 IMM/LOCALS HHS000436300009, AMENDMENT NO. 9/01/2021 —8/31/2022 $409,711 2 TEXAS EPIDEMIOLOGY CAPACITY EXPANSION GRANT PROGRAM HHS000112500001, AMENDMENT NO. 9/01/2021 —8/31/2022 $112,000 2 laboratory services for the analysis of bay water samples HHS000461700001, AMENDMENT NO. 9/01/2021 —8/31/2022 $61,645 $12,329 2 DSHS TB Prevention and Control 537-18-0147-00001,Amendment No. 5 07/01/2017- 06/30/2022 $1,120,781 $20,555 for 2022 Laboratory Response Network (LRN-PREP) Contract HHS000904900001, AMENDMENT NO. 05/15/2020- 03/15/2022 $578,850 2 Coronavirus 2019 (COVID-19) response (3) County Grants for Health Sezmices to be performed by Health District. The County reserves the right to seek grants for the approval and acceptance of the City to perform public health functions,acknowledging that the City will be the signor on the grant and the administrator of the funds.To the extent certain grants are only available to a County, those grants would be awarded to the County, and those funds collected by the County shall be paid to the City as the qualifying grant work is performed and documented. The City reserves the discretion to refuse any grant obtained by the County or others. (4) County Grants for Health Services to be performed by County outside of Health District. It is the intent of this Agreement that the Health District will perform the health services of the City and County to avoid duplication of services for City and County taxpayers.The City and Health District will have the first right to apply for grants to perform health services. If the County identifies a grant for which (1) neither the City nor the Health District is eligible to receive and (2) the grant prohibits the transfer of funds to the City, then the County, after approval by the County Commissioners Court at a meeting, may, apply for and perform that grant. (5)The City acknowledges that any reimbursement the County may receive as reimbursement for a portion of its expenditures from the 1115 Waiver program are to be negotiated between the County and the administrators of the program,independent of this Agreement,and do not impact the financial obligation @BCL@8014A639 4 of the County to the District.This amount will not be used to increase the amount paid by the County for the Services of the Health District. Health District expenditures for documenting the 1115 waiver program will be charged to the County. (6)Income,including fees,charges,administrative penalties,and other payments attributable to the City's administration of Health Department programs will inure to the Health District to be used for administration of the Health District,including but not limited to: fees and/or charges for the laboratory, fees and/or charges for any clinic operated by the Health District, and fees and/or charges for food establishments. (7) Vital records fees previously paid to the Health District will inure to the City Secretary pursuant to contract with the State Department of State Health Services, Contract Number,HHSREV100000815. 8 An):Gant funds. State or Federal program reimbursements, or fees for service programs received by the County on behalf of the Health District or intended for the Health District will be transferred to the City within 30 days of receipt. Section 13.Additional Services provided to County. a. Calderon Clinic. For FY 23-24 24 22, the City or Health District will provide health personnel (employees or contractors) to operate a one+weo-day per week health clinic in the Calderon Building in Robstown in exchange for the County's funding the cost of the services offered. The clinic will be a satellite office of services currently provided by the Health District. . Continuation of these services in future fiscal years is subject to funding and sufficient facilities in the Calderon building to house the services. b.Mobile Health Clinic Bus. For FY 23-24,T—the City or Health District will provide health personnel(employees or contractors for the operation of a one+we-day per month mobile health clinic in exchange for the County provision of funds for such function.The clinic will be a satellite office of services currently provided by the Health District. The County will provide the bus,maintenance, and fuel for the said function. . The County will provide the driver and motor vehicle liability insurance for operation of the bus. Continuation of these services in future fiscal, is subject to funding and bus availability. Section 17. Sunset Review of Health District. The City will initiate a Sunset Review of the Health District8 October 1.2024.,with such review concluding by December 31. 2024. fff�The CijL:will initiate a Sunset Review of the Health District every 4 years thereafter. This Sunset Review will address the effectiveness and efficiency of the business model and service delivery to the entities who are members of the Health District. This Sunset Review will be performed by representatives appointed by the City Manager and the County Commissioners Court. The City Manager and the County Commissioner's Court will mutually select a consultant to administer the Sunset Review,with the cost of the consultant to be paid evenly between the members of the Health District. ee s�The City Council will use the findings of the Sunset Report as an advisory tool to decide how to move forward with the Health District. All other items and conditions of the original agreement remain effective and in full force. @BCL@8014A639 S EXECUTED on the day of 12023. On behalf of Nueces County,Texas: Connie Scott Nueces County Judge Robert Hernandez John Marez Commissioner,Precinct 1 Commissioner,Precinct 3 Joe A. Gonzalez Brent Chesney Commissioner,Precinct 2 Commissioner,Precinct 4 Attest: Approved as to Form: Kara Sands, County Clerk Jenny Dorsey,County Attorney On behalf of City of Corpus Christi,Texas: Peter Zanoni City Manager Attest: Approved as to Form: Rebecca Huerta,City Secretary Miles Risley, City Attorney @BCL@8014A639 6 Motion Motion authorizing an Amendment to the Agreement for the City- Operated Corpus Christi-Nueces County Public Health District (CC-NCPHD), identifying Nueces County membership contributions for FY 23-24 of $1 ,765,296 for Public Health Services with such contributions renewing annually, providing annual negotiation for additional contributions, and commencement of a Sunset review by October 1 , 2024. City Council October 31, 2023 Summary & Background Agreement with Nueces County for City-Operated Corpus Christi-Nueces County Public Health District for FY24 Negotiated Terms: • As part of the negotiated cooperative service agreement between the City of Corpus Christi and Nueces County, membership contributions were negotiated for FY 23-24 in the amount of $1,765,296, which is $88,264 less than the requested amount, thereby leading to a reduction in services. • It allows for negotiation of additional contributions from the County each year, to be reached by July 1. Such additional contributions are included in the base for the following fiscal year and require the County to notify the City if they propose to provide funding less than the previous fiscal year. • It specifies that any funds received by the County on behalf of the Health District must be transferred in 30 days. Summary & Background Agreement with Nueces County for City-Operated Corpus Christi-Nueces County Public Health District for FY24 Negotiated Terms Continued: • Reduces services at the Calderon Clinic from two days a week to one day a week. • Reduces the Mobile Health Clinic services from two days a month to one day a month. • It extends the deadline for the Sunset Review from February 15, 2024, to October 1, 2024; with the Sunset Review concluding by December 31, 2024. It provides for the City Manager and County Commissioner's Court to mutually select a consultant for the Sunset Review and specifies that the County and City share equally in the cost of a Sunset review consultant. Fiscal Impact and Staff Recommendation Fiscal impact • Nueces County contribution is $1,765,296.00 for Public Health District Services for FY24 Staff Recommends Approval City Council October 31, 2023 so �o o� A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting on October 31 , 2023 DATE: October 31 , 2023 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director- Planning & Community Development Dan ielMc(a)cctexas.com (361) 826-7011 Resolution Amending the Housing Development Fee Waivers for Non-Qualifying Homebuyers Program Guidelines CAPTION: Resolution amending the City's Program Guidelines for Housing Development Fee Waivers for property sold to Non-Qualifying Homebuyers to expand eligibility of the types of zoning; increase the home sale price limit; include Accessory Dwelling Units; and change the name of the program. SUMMARY: The Resolution will change the name of the Housing Development Fee Waivers for Non- Qualifying Homebuyers Program to the Infill Housing Fee Waiver Program. The Resolution revises the program guidelines to include all zoning districts that allow single- family dwellings, increases the home sales price requirement, allows units to be converted to rentals for Corpus Christi Housing Authority clients, and adds Accessory Dwelling Units as an eligible unit type. BACKGROUND AND FINDINGS: The Infill Housing Fee Waiver Program is a fee waiver program with eligible expenses that include fees for building permits and plan review, municipal solid waste fees, tap fees for water, wastewater, and gas, and other fees required for building a single-family home. Reinspection fees are not included. Waived fees are not to exceed $7,000 per home. To increase the availability of infill lots and achieve the program goals, proposed revised program guidelines include additional zoning designations. The current program guidelines limit zoning to RS-15, RS-10, RS-6, and RS-4.5. The city has several other zoning districts that allow single-family home construction that make up much of the downtown area where infill single-family homes should be encouraged (Ex. RS-TF, RM-1, RM-2, RM-3, RM-AT). The proposed change will allow any lot that is located within a zoning district that permits single-family construction to be eligible for the fee waiver. Also, the current program guidelines limit the home sale price to 80% of the area median home sale price. The revised guidelines increase the home sale price limit to 95% of the area median home sale price as determined annually by the U.S. Department of Housing and Urban Development. Last adjusted in June 2023, that value limit is $253,000. Other changes include having Accessory Dwelling Units as an eligible unit type, allowing extensions to complete units, and allowing the unit to convert to a rental for Corpus Christi Housing Authority clients. Accessory Dwelling Units (ADU) are an effective tool being used by cities across the country to combat affordable housing issues. They are generally studio and or one-bedroom housing units that are located in the rear yard of existing single-family homes, average sizes are 400-750 square feet. ALTERNATIVES: The alternative is to not adopt the revised program guidelines or to direct staff to develop different guidelines. FISCAL IMPACT: There is $100,000 in the Fiscal Year 2023-2024 budget as a recurring program. These revisions will not impact the budget. Funding Detail: Fund: 1020 General Fund Organization/Activity: 11451 Housing Services Mission Element: 132 Neighborhood Revitalization Project # (CIP Only): NA Account: 530206 Rebate Incentive Programs RECOMMENDATION: City staff recommends approval of the proposed program guideline changes. LIST OF SUPPORTING DOCUMENTS: Resolution Redlined Infill Housing Fee Waiver Program Guidelines PowerPoint Presentation Resolution amending the City's Program Guidelines for Housing Development Fee Waivers for property sold to Non-Qualifying Homebuyers to expand eligibility of the types of zoning; increase the home sale price limit; inclusion of Accessory Dwelling Units; and change the name of the program. WHEREAS, On September 7, 2021 , City Council approved $100,000 in the FY 2021-2022 Budget to provide fee waivers to developers who build residential buildings on infill lots, and on December 14, 2021, City Council approved Guidelines for Housing Development Fee Waivers for Properties sold to Non-qualifying Homebuyers to govern fee waivers for properties sold to buyers who are not required to qualify as low-income; WHEREAS, to improve the efficiency and effectiveness of the program, the City Council desires to expand eligibility of the types of zoning in which lots may qualify for said program; increase home sale price restrictions; allow Accessory Dwelling Units; allow extensions for project completion; and allow units to convert to rental units for Corpus Christi Housing Authority clients; WHEREAS, to reduce confusion, City staff recommend changing the program name to Infill Housing Fee Waiver Program. THEREFORE, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council hereby adopts the amended Infill Housing Fee Waiver Program Guidelines attached hereto. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Infill Housing Fee Waiver Program 1. Purpose The purpose of the Infill Housing Fee Waiver Program is to promote and encourage new home construction for sale through fee waivers. This program applies to infill lots in areas where existing street and utility infrastructure is available. 2. Benefits a. Revitalizes existing neighborhoods b. Adds to the assessed value rolls, increasing future City property tax revenue c. Improves maintenance of properties and potentially reduces crime d. Reduces Code Enforcement abatement expense e. Improves housing density in areas where the city already has existing infrastructure 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this program, this means the construction of new residential housing units built on a vacant lot or built on two non- conforming lots by re-platting through an administrative plat to remove the lot line within the City of Corpus Christi. 4. Eligibility Criteria a. Must meet the definition of infill lots. b. Must be zoned appropriately for the type of home being built. c. Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones. d. Home construction must begin within 120 days of being notified that the funding reservation is granted. If construction will not take place before 120 days, an extension request should be submitted via email to the Planning and Community Development Department at feewaivers@cctexas.com. Extensions are not guaranteed. e. Home construction must be completed and receive Certificate of Occupancy within nine months of construction start date. If construction is not completed within nine months, an extension request should be submitted via email. Extensions are not guaranteed. 1 ) Must meet all building standards and Unified Development Code requirements. 2) Must result in a newly constructed, on-site, single family home with finished floor plan of 900 square feet minimum. f. No mobile homes, no prebuilt homes moved onto the site. g. Will be subject to all permit requirements. h. Accessory Dwelling Units are eligible for the program and must meet all requirements of the Unified Development Code Section (5.3.2.A). i. Sales price and finished home value of$80,000 minimum not to exceed 95%of the area median sales price as determined by the U.S. Department of Housing and Urban Development adjusted annually. When calculating the sales price, downpayment (grants and loans) and closing costs provided by the seller will be excluded. j. With notification to the City, homes may be converted to rental homes in lieu of sale if the home will be rented to a Corpus Christi Housing Authority client. 5. Fee Waivers Builders may seek a waiver of certain development fees, not to exceed $7,000 per lot. Waived fees may include fees for building permits and plan review, municipal solid waste fees, tap fees for water, wastewater, and gas, and other fees required for building a single-family home under these guidelines. Fee waivers do not include reinspection fees. a. Builders will be able to reserve funds by submitting their business information such as name and contact information, the lot address, ownership status, amount of anticipated waiver request, projected completion schedule and projected sales price. b. The Lot Owner and City shall also co-sign a lien document that will be filed in the Nueces County Deed Records against the property being developed to cover the amount of Fee Waivers awarded to Developer until such time that the residential home is completed in accordance with the terms of this program. 6. Department Responsibilities a. Executive/Management will: 1) Establish program objectives and develop implementation procedures. 2) Report to City Council the results of the program on at least an annual basis. b. Planning and Community Development will: 1) Manage the overall program to meet housing needs of the community. 2) Update website information about this program including the names of builders receiving fee waivers, the lots for which waivers have been provided and the amount of reservations made. 3) Confirm unit eligibility for the program and submit a letter of eligibility to Development Services so that Development Services can waive the fees. 4) Reimburse Development Services for waived fees. 5) Promote the program to builders. 6) Release liens as builders sell homes. 7. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. ( . 1 I i City of Corpus Christi Hnl 1SOR r I'loV eRt Foo Waiver-s Infill Housing Fee Waiver Program Program Guidelines H9 1SOR . P eyelepmeRt Coo k4aaiyers fir NGR q alifyiRg 96 niorc Page 1 Infill Housinq Fee Waiver Program City of Corpus Christi HG6IGiRg D8V81GPFn8Rt Foo Waivers fnr Infill Housing Fee Waiver Program 1, Purpose The purpose of the ,HG61GiRg DevelepmeRt Fee Waivers fnr Nen_qualifying Honieb .,or&lnfill Housing Fee Waiver Program is to promote and encourage new home construction for sale through fee waivers. This program applies to infill lots in areas where existing street and utility infrastructure is available. 2. Benefits a. Revitalizes existing neighborhoods b. Adds to the assessed value rolls, increasing future City property tax revenue c. Improves maintenance of properties and potentially reduces crime d. Reduces Code Enforcement abatement expense d-e. Improves housing density in areas where the city already has existing infrastructure 3. Definitions "Infill lot" or "infill housing" is the insertion of additional housing units into an already approved subdivision or neighborhood. Specifically for this program, this means the construction of new residential housing units built on a vacant lot or built on two non- conforming lots by re-platting through an administrative plat to remove the lot line within the City of Corpus Christi. 4. Eligibility Criteria a. Must meet the definition of infill lots. Must be+e-zoned appropriately for the type of home being built. ^Re of the f„k)WiRg Gir,rylo_ family FesideRtia-1 zenoc- r,.b RQ_'I F R9 10, RQ_C. and RQ_il F (coo Unified Deyelepmenf Ge do fnr definifiencl d-c.Must not be in an airport overflight zone or the Navy's Air Installations Compatible Use Zones (AICUZ), which includes the Accident Potential Zones (APZ) and Clear Zones. e-d. Home construction must begin within 120 days of being notified that the funding reservation is granted. If construction will not take place before 120 days, an extension request should be submitted via email to the Planning and Community Development Department at feewaivers(a)-cctexas.com. Extensions are not guaranteed. Vie. Home construction must be completed and receive Certificate of Occupancy within nine months of construction start date. If construction is not completed within nine months, an extension request should be submitted via email. Extensions are not guaranteed. 1 ) Must meet all building standards and Unified Development Code requirements. 2) Must result in a newly constructed, on-site, single family home with finished floor plan of 900 square feet minimum. H9 1ciRg 1 eyeiGpmeRt Poo iAhi"orc fir NGR q alifyiRg B i"orc Page 2 Infill Housinq Fee Waiver Program g- No mobile homes, no prebuilt homes moved onto the site. Will be subject to all permit requirements. 9 h. Accessory Dwelling Units are eligible for the program and must meet all requirements of the Unified Development Code Section (5.3.2.A). i. Sales price and finished home value of$80,000 minimum not to exceed 95%of the area median sales price as determined by the U.S. Department of Housing and Urban Development adjusted annually. When calculating the sales price, downpayment (grants and loans) and closing costs Provided by the seller will be excluded. Sales PFiGe fin 0, 14;; nim1 im not n Q904of m an le rine n by the U.S. �i�,—r,Q�te ex�eed��t�a�ea�ed;a,rsa,�s—pr��as�etered Department of I- a isinn and Urban Deyelnnment aGlj aster) anni la y �J. With notification to the City, homes may be converted to rental homes in lieu of sale if the home will be rented to a Corpus Christi Housing Authority client. 5. Fee Waivers Builders may seek a waiver of certain development fees, not to exceed $7,000 per lot. Waived fees may include fees for building permits and plan review, municipal solid waste fees, tap fees for water, wastewater, and gas, and other fees required for building a single-family home under these guidelines. Fee waivers do not include reinspection fees. a. Builders will be able to reserve funds by submitting their business information such as name and contact information, the lot address, ownership status, amount of anticipated waiver request, projected completion schedule and projected sales price. Drnnram for the peropi 1lar property, The erLot Owner and City shall also co-sign a lien document that will be filed in the Nueces County Deed Records against the property being developed to cover the amount of Fee Waivers awarded to Developer until such time that the residential home is completed in accordance with the terms of this program a„a—sel,- f^r a r,ri^o that Meets toe rens iirements of this prnnrom CR Sv2;ce of Gat Red Lets by 94 I bird nrn no n nnnnr,-1 nnno V.T G /� nnl Gp-y m p-d- f.' '0 9911 seaTed �ss� �,it�i��6e�4er�ee {,.,�.�' z'z7� . h. Rod ,irvtrnnfvrni�rte thebid ra`�-nprrccedurrestand speGifiTi at+9rnro $et fert� OR the PublishedRG_tioe-orsal,� moot Oho materia of 20 5(b) anr) the nit" has rletermiperl that a WAger hod prevides the host benefit fpr the taxpayers of the nit" Pl. If thetty aGGepts 'u-brn'drthat I$-ley.ger than the highestbidass dessGrriued abeye then hi,-) Y.,ill he deemed the fair market of the nrnnert" 4&.b. ti. the infill Int Will nnmply with all requirements spenified in the p rnnram niirJ alines 67. Department Responsibilities a. Executive/Management will: 1) Establish program objectives and develop implementation procedures. ung isinlr Qeyeinpment 'Pee trcr filen q ia4yiRg Lei i"ers Page 3 Infill Housing Fee Waiver Program 2) Report to City Council the results of the program on at least an annual basis. b Neighborhood cor,,,ros Dopartn;eo +Planning and Community Development will: 1) Manage the overall program to meet housing needs of the community. 2) Update website information about this program including the names of builders receiving fee waivers, the lots for which waivers have been provided and the amount of reservations made. 3) Confirm unit eligibility for the program and submit a letter of eligibility to Development Services so that Development Services can waive the fees. 4) Reimburse Development Services f for waived fees. 5)Promote the program to builders. 6) Release liens as builders sell homes. Other Conditions a. This program will be monitored and assessed for viability and may be discontinued at the discretion of the City of Corpus Christi. b. The City will comply with the Tax Code Sec 34.051 Resale by taxing unit for the purpose of urban development. u9616iR v DeVe'GpMeRt moo kNAiVorc fGF NGR q alifyiRg 961„or& Page 4 Infill Housinq Fee Waiver Program Infill Housing Fee Waiver Program October 31, 2023 Infill Housing Fee Waivers Program • Formerly the Housing Development Fee Waivers for Non-Qualifying Homebuyers • Program encourages new development in existing neighborhoods on infill lots • Fee Waivers up to $7,000 (Building permit fees, Municipal solid waste fees, and Tap fees) Budget: • FY 2023 — 100K— General Fund • 18 Approvals - $39,164.28 expended (excluding pending) • 4 Approvals pending. Approximately $12,000 • $51,164.28 total obligated (including pending) • $48,835.72 left unspent Revised Program Guidelines • Changes Allowable Zoning Designation • Currently limited to RS-4.5, RS-6, RS-10, RS-15 • Expands to all zones where the type of home being built is permitted by the zoning district. Single Family homes are permitted in multi family zoning districts. • Increases maximum Home Sale Price from 80% of the area median sales price ($213,280) to 95% of the area median sales price ($253,000) as determined by the U.S. Department of Housing and Urban Development adjusted annually ($266, 600 -last adjusted in June 2023) • No repayment requirements if the home is rented to a Corpus Christi Housing Authority tenant • Accessory Dwelling Units included as eligible unit type Zoning Existing SF = ® 1 � j i subdivisions all � q .f . w located within RM (Multi 1, 1 Its family)zoning districts 4 throughout the e� -tet downtown area. All prime areas for infill SFS housing and currently not eligible for fee waiver. - . { VW r 29 ( a so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of October 31, 2023 1852 Second Reading Ordinance for the City Council Meeting of November 14, 2023 DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager (361) 826-3506 Heatherh3@cctexas.com Type B Economic Development Grant for The Ritz Theatre CAPTION: Ordinance authorizing an agreement between the Type B Corporation and Corpus Christi PATCH, Inc., for the securing and stabilizing of The Ritz Theatre effective upon signature of the City Manager or designee; appropriating funds in the amount of $230,000.00 from the Type B Economic Development Fund. SUMMARY: This ordinance authorizes an agreement with Corpus Christi PATCH, Inc., to provide funding to complete roof repairs, exterior wall repairs and weather seal the entire Ritz Theater building with priority on securing and stabilizing the building. BACKGROUND AND FINDINGS: On October 16, 2023, the Corpus Christi B Corporation approved an agreement with Corpus Christi PATCH for a grant up to $230,000.00 from the Type B Corporation for exterior repairs to the Ritz Theatre. This is a time sensitive grant and will be paid up front due to a Texas Historical Commission (THC) grant that was awarded to CCPATCH for completion of roof repairs, exterior wall repairs and weather seal the entire Ritz building to repair damages caused by Hurricane Harvey. The grant from the THC is on a reimbursement basis upon completion but work must be completed prior to March 31, 2024 to be eligible for the reimbursement. The Historic Ritz Theatre was once the heartbeat of Downtown Corpus Christi and was opened as a first-run movie theatre and vaudeville house (stage entertainment offering a variety of short acts such as slapstick, song-and-dance routines, and juggling performances). During World War II, big-name bands entertained military personnel as well as the local community. "Big Screen" movies came on the scene and forced Ritz management to strip many of the theatre's embellishments to make room for the bigger screens. This included the ornate proscenium, the permanent framed opening through which the audience would see the play or entertainment. But The Ritz continued to thrive until the last regular scheduling of films in 1972. It re-opened as The Ritz Music Hall in 1974 and then Ritz Productions in 1976 and featured such acts as Willie Nelson, Jimmy Buffet, Bruce Springsteen, Metallica, Def Leppard, Motley Crue, and many others. Later, the Performing Players, an amateur theatre group, held shows at the theatre, followed by another amateur group, The Encore Theatre Corporation. The latter occupied The Ritz until the 80's. There has been a renewed interest in the rehabilitation of the theater. This will provide funding for the securing and stabilization of the building while plans for a masterplan and fundraising are created. ALTERNATIVES: The council could choose to not fund this agreement or could choose to fund at a lesser amount. FISCAL IMPACT: The financial impact is an amount not to exceed $230,000.00 to be funded with the Type B Economic Development Fund in FY 2024. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15020 Small Business Projects Mission Element: Project # (CIP Only): Account: 530000 Professional Services Expense RECOMMENDATION: Staff recommends approval of the Ritz Theatre agreement in an amount not to exceed $230,000.000 to be funded by the Corpus Christi B Corporation in FY 2024 and be advanced to the organization prior to work being performed. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement PowerPoint Presentation Ordinance authorizing an agreement between the Corpus Christi B Corporation and Corpus Christi PATCH, Inc., for the securing and stabilizing of The Ritz Theatre effective upon signature of the Type B President; appropriating funds in the amount of$230,000.00 from the Type B Economic Development Fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of$230,000.00 are appropriated from Type B Fund No. 1145 for an agreement with Corpus Christi PATCH, Inc. Section 2. The FY2023-24 Operating Budget adopted by Ordinance No. 0333151 is amended to increase expenditures by $230,000.00. Section 3. That the Corpus Christi B Corporation is authorized to enter into an agreement between the Corpus Christi B Corporation and Corpus Christi PATCH, Inc., for the securing and stabilizing of The Ritz Theatre. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 1 of 1 BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI B CORPORATION AND CORPUS CHRISTI PATCH, INC. FOR THE DEVELOPMENT OF AN ENTERTAINMENT VENUE This Business Incentive Agreement for Capital Investments and the development of an entertainment venue ("Agreement") is entered into between the Corpus Christi B Corporation ("Corporation") and Corpus Christi PATCH, Inc. ("Company"), a Texas non- profit corporation. WHEREAS, the Texas Legislature in Chapter 501 et seq. of the Local Government Code (Development Corporation Act of 1979) (the "Act") empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 8, 2016, residents of the City passed Proposition 1 , Adopt Type B Sales Tax to Replace Expiring Portion of Type A Sales Tax, which authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years with use of the proceeds for (1) 50% to the promotion and development of new and expanded business enterprises to the full extent allowed by Texas law, (2) $500,000 annually for affordable housing, and (3) the balance of the proceeds for the construction, maintenance and repair of arterial and collector streets and roads; WHEREAS, the 1/8th cent sales tax authorized by passage of Proposition 1 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corpus Christi B Corporation Board; WHEREAS, the Corpus Christi B Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Company has proposed a development project to revitalize that Ritz Theatre, located at 715 N Chaparral, Corpus Christi, Texas 78401, and has requested funding to assist with stabilizing and securing the building to prevent further deterioration before the larger project can proceed; WHEREAS the proposed project is a necessary step in the ultimate revitalization and development of an iconic entertainment venue; 1 Type B Business Incentive Agreement WHEREAS, Section 501 .073 of the Act requires the City Council to approve all programs and expenditures of the Corporation; and WHEREAS, the Board determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Company, through this Agreement with Company, to be used by Company to develop the Project; In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Company agree as follows: 1 . Effective Date. The effective date of this Agreement ("Effective Date") is the latest date that either party executes this Agreement, so long as the Agreement has been approved by the City's City Council. Company understands that this Agreement is dependent upon the approval of City Council. 2. Term. The term of this Agreement is for two years beginning on the Effective Date. 3. Performance Requirements. a. Company agrees to use these funds to pay for the creation of certain improvements allowed under Section 501 .103 and 505.152 of the Texas Local Government Code needed for the Project. b. Company agrees to provide the Corporation with a sworn certificate by an authorized representative of the Company, certifying the amount used for improvements. c. Company will provide the Corporation with a detailed list of expenditures each year within 30 days of the anniversary of the Effective Date until construction is complete. d. During the term of this Agreement, Company will invest at least$230,000 toward securing and stabilizing the building in accordance with the Scope of Work, which is attached hereto as Exhibit A and incorporated by reference. e. Company will expend at least $230,000 on the improvements listed in Exhibit A, with the highest priority being securing and stabilizing the building, on or before June 30, 2023. 4. Grant Award. a. The Corporation will grant Company the amount of $230,000. 2 Type B Business Incentive Agreement b. The Corporation will provide the funding within 30 days' after receipt of a qualified request for such funding from Company, but no earlier than the 61 st day after the public hearing held at the Corporation's meeting on October 16, 2023. 5. Utilization of Local Contractors and Suppliers. Company agrees to exercise reasonable efforts in utilizing local contractors and suppliers in the construction of the Project, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency in the normal course of business, with a goal of 50% of the total dollar amount of all construction contracts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50-mile radius of Nueces County. Company agrees, during the construction of the Project, to maintain written records documenting the efforts of Company to comply with the Local Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. 6. Utilization of Disadvantaged Business Enterprises ("DBE'). Company agrees to exercise reasonable efforts in utilizing contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises. In order to qualify as a business enterprise under this provision, the firm must be certified by the City, the Regional Transportation Authority or another governmental entity in the jurisdiction of the home office of the business as complying with state or federal standards for qualification as such an enterprise. Company agrees to a goal of 30% of the total dollar amount of all construction contracts and supply agreements being paid to DBEs, with a priority made for DBEs which are local. Company agrees, during the construction of the Project, to maintain written records documenting the efforts of Company to comply with the DBE Requirement, and to provide an annual report to the City Manager or designee, from which the City Manager or designee shall determine if Company is in compliance with this requirement. Failure to substantially comply with this requirement, in the sole determination of the City Manager or designee, shall be a default hereunder. For the purposes of this section, the term "local" as used to describe contractors and suppliers that are determined to be DBEs, including minority business enterprises, women-owned business enterprises and historically-underutilized business enterprises includes firms, businesses, and persons who reside in or maintain an office within a 50 mile radius of Nueces County. 3 Type B Business Incentive Agreement 7. Living Wage Requirement. In order to count as a permanent full-time job if required under this agreement, the job should provide a "living wage" for the employee. The target living wage under this agreement is that annual amount equal or greater than poverty level for a family of three, established by the U.S. Department of Health and Human Services Poverty Guidelines, divided by 2,080 hours per year for that year. 8. Health Insurance. In order to count as a permanent full-time job if required under this agreement, an employer shall certify that it has offered a health insurance program for its employees during the term of the Agreement. The health insurance program must comply with all applicable laws. 9. Warranties. Company warrants and represents to Corporation the following: a. Company is a non-profit corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Company has the authority to enter into and perform, and will perform, the terms of this Agreement to the best of its ability. c. Company has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all taxes, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid, during the term of this Agreement. d. Company has received a copy of the Act and acknowledges that the funds granted under this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. The person executing this Agreement on behalf of Company is duly authorized to execute this Agreement on behalf of Company. f. Company does not and agrees that it will not knowingly employ an undocumented worker. If, after receiving payments under this Agreement, Company is convicted of a violation under 8 U.S.C. Section 1324a(f), Company shall repay the payments received under this Agreement to the City, with interest at the Wall Street Journal Prime Rate, not later than the 120th day after the date Company has been notified of the violation. 4 Type B Business Incentive Agreement 10. Compliance with Laws. During the Term of this Agreement, Company shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 11 . Non-Discrimination. Company covenants and agrees that Company will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Project, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 12. Force Majeure. If the Corporation or Company is prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Company are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. 13. Assignment. Company may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void and constitutes a breach of this Agreement. 14. Indemnity. Company covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents ("Indemnitees") against all liability, damage, loss, claims, demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, 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 Company's activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Company must, at its own expense, investigate all those claims and demands, attend to their 5 Type B Business Incentive Agreement settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 15. Events of Default by Company. The following events constitute a default of this Agreement by Company: a. The Corporation or City determines that any representation or warranty on behalf of Company contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; b. Any judgment is assessed against Company or any attachment or other levy against the property of Company with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 120 days. c. Company makes an assignment for the benefit of creditors. d. Company files a petition in bankruptcy or is adjudicated insolvent or bankrupt. e. If taxes owed by Company become delinquent, and Company fails to timely and properly follow the legal procedures for protest or contest. f. Company changes the general character of business as conducted as of the date this Agreement is approved by the Corporation. g. Company fails expend at least $230,000 on the improvements listed in Exhibit A, with the highest priority being securing and stabilizing the building, on or before June 30, 2023, or fails to comply with one or more terms of this Agreement. 16. Notice of Default. Should the Corporation or City determine that Company is in default according to the terms of this Agreement, the Corporation or City shall notify Company in writing of the event of default and provide 60 days from the date of the notice ("Cure Period") for Company to cure the event of default. 17. Results of Uncured Default by Company. The following actions must be taken for any default that remains uncured after the Cure Period. 6 Type B Business Incentive Agreement a. Company shall immediately repay all funds paid by Corporation to it under this Agreement. b. Company shall pay Corporation's reasonable attorney fees and costs of court to collect amounts due to Corporation if not immediately repaid upon demand from the Corporation. c. Upon payment by Company of all sums due, the Corporation and Company shall have no further obligations to one another under this Agreement. 18. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement,justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Company's default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Company is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. 19. Company specifically agrees that Corporation shall only be liable to Company for the actual amount of the money grants to be conveyed to Company, and shall not be liable to Company for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this Agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this Agreement. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. 7 Type B Business Incentive Agreement However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event, Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Company to be accompanied by all necessary supporting documentation. 20. The parties mutually agree and understand that funding under this Agreement is subject to annual appropriations by the City Council; that each fiscal year's funding must be included in the budget for that year; and the funding is not effective until approved by the City Council. 21 . Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Company: Corpus Christi PATCH, Inc. Attn: Cheryl Votzmeyer-Rios P.O. Box 187 Corpus Christi, Texas 78403 Corporation: Corpus Christi B Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: 8 Type B Business Incentive Agreement Corpus Christi B Corporation c/o City of Corpus Christi Attn.: City Manager P.O. Box 9277 Corpus Christi, Texas 78469-9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. 23. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign Agreements on behalf of each party. 24. Relationship of Parties. In performing this Agreement, both the Corporation and Company will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint-venturers, or associates of one another. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. 25. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 26. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law orjudgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement be given full force and effect for its purpose. b. To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected by the law, and in lieu of any illegal, 9 Type B Business Incentive Agreement invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 27. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 28. Sole Agreement. This Agreement constitutes the sole Agreement between Corporation and Company. Any prior Agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. 29. Survival of terms of Agreement and obligations of parties. The terms of this Agreement and the obligation of the parties relating to Section 14 shall survive the termination of this Agreement. (Remainder of this page intentionally left blank) 10 Type B Business Incentive Agreement Corpus Christi B Corporation By: Leah Pagan Olivarri President Date: Attest: By: Rebecca Huerta Assistant Secretary Corpus Christi PATCH, Inc. By: Cheryl Votzmeyer-Rios Executive Director Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on 2023, by Cheryl Votzmeyer-Rios, Executive Director of Corpus Christi PATCH, Inc., a Texas non- profit corporation, on behalf of the corporation. Notary Public State of Texas 11 Type B Business Incentive Agreement Exhibit A OTJ SCOPE OF WORK Project Name: The Ritz Theatre Corpus Christi Project Number: 11587.00 Harvey Grant Scope of Work Prior to issuing a bid, bidding contractors should review the entire Ritz Theatre Corpus Christi—Building Assessment Report prepared by OTJ Architects and dated June 28,2023,as it provides supplemental information to below list.They should also conduct a site visit to make their own assessment of the extents of areas of damage, quantities and area takeoffs, etc. and should consult with ownership. If after this site visit, additional information is needed, OTJ Architects can provide additional clarity as required. The following items should be carried out under the Harvey Grant Scope of Work: 1. Immediate Action Items a. Patch/seal cracks observed on the brick veneer at the exterior of the building.As a temporary measure,an elastomeric sealant can be used to fill cracks and prevent additional water penetration at these areas. It should be noted that when final repairs to the exterior masonry are made,this sealant should be removed to allow for repointing. b. Seal holes located on the fagade of canopies to stop moisture seepage into the building. As a temporary measure,a foil-faced insulation board can be cut to fit each hole and sealed into the opening. These closures will be removed when a canopy is reconstructed. c. Temporarily close all window openings with new cut-to-fit plywood or foil-faced insulation board and seal around edges of openings with detail sealant to stop incidental water intrusion. These temporary closures will be removed when windows are reinstalled into the building. The windows at the rear penthouse should also be sealed in temporarily. d. Improve the surface grading and drainage near the north and south elevation entrances to divert water away from building. e. Improve fitment and seals at exterior doors, reducing the amount of water penetration occurring during wind-driven rain events. f. Repair ongoing roof leaks identified at lower roof located on the west elevation(mechanical room, storage room,dressing room). g. Repair ongoing roof leaks identified at lower roofs located on the south elevation(dressing room). h. Install temporary, portable dehumidifiers at locations within the interior to help reduce high levels of humidity and reduce moisture in interior building elements. These dehumidifiers should discharge their condensate water to a drain to reduce maintenance requirements associated with emptying reservoirs. The existing electrical service may need to be modified to safely accommodate the electrical load requirements from the dehumidifiers. i. Repair personnel access ladders to roof from main stairs and catwalk. OTJ.COM 12 Type B Business Incentive Agreement OTJ 2. Immediate Structural Concern Items a. Provide a sidewalk tunnel for the length of the building and extending the entire width of the sidewalk in front of the building. This scaffolding will have a roof and parapet which will catch and contain anything that falls off the fagade.The scaffolding system must be designed and inspected by a registered professional engineer with windstorm certification in the state of Texas. The basic wind speed shall be 150 mph. OTJ also recommends providing signage on the front of the structure indicating the exciting changes coming to the theatre and installing architectural lighting on top of the structure to illuminate and highlight the fagade. b. Provide netting at the areas of plaster damage within the ceiling to prevent the future fall of material to occupied areas below. 3. Roof and Parapet Walls Repairs a. Install and match terracotta coping units on top of exposed parapet walls,ensure these are adequately secured to resist wind uplift. b. Remove deteriorated mastic behind termination bar and bitumen membrane. c. Fasten termination bar to fully support and seal vertical membrane edge. d. Replace poorly adhered areas of sealant at edge termination. e. Install regletted counterflashing above termination bar to improve roof leak-resistance and durability. f. Improve roof slope at identified areas with severe water ponding and divert water into scuppers to deviate risk of premature membrane deterioration. g. Remove waterproofing mastic at parapet top and backside,clean to bare brick, and install a waterproof coating. It should be noted that the existing waterproofing mastic may be asbestos containing. This(and other building components as appropriate)should be evaluated by a qualified professional and addressed appropriately. 4. Additional Repair Items a. Repair the low terracotta roofs above mezzanine level restrooms at the eastern end of the building. b. Reconnect or replace missing downspouts throughout the building. OTJ.COM 2 13 Type B Business Incentive Agreement 71m m � ; �hLL `°t'°- The Ritz Theatre Rehabilitation Ei)F• r.�+...n a brought to you by ntu utte uu� } CORPUS CHRISTI POSITIVE ACTION TOWARD CULTURAL HERITAGE { a u WHO WE ARE CCPATCH, a 501(c)3 non-profit V77 organization, was founded inlow r 2005 as a catalyst and hub for MW�AfPT gp�Y,plfElX�R growing the arts in Corpus Christi, centered around restoring' the historic Ritz Theatre. MISSION Corpus Christi PATCH (Positive Action Toward Cultural Heritage), Inc. is committed to developing, fostering, and promoting the arts as valuable experiences central to the vitality of the community by restoring and developing The Ritz Theatre into a state-of-the-art entertainment and education venue of the highest quality. VISION Historic rehabilitation of The Ritz RITZ THE RITZ THEATRE Theatre into a state-of-the-art entertainment and education center. CREATIVE _ Cultural enrichment, K-12 through adult programming, Artist Nurturing Program. ECONOMIC DRIVER Unique programming to attract tourism and increase income to �,�,1, the city. RITZ UPDATES THC awarded CCPATCH RECENT0 ��■ $230,000 in reimbursement funds for weatherproofing the Ritz OTJ Architects has been hired as the lead architect on the project Ir NEXT STEPS -1 Fundraising, weatherproofing, & master planning RITZ REHAB TEAM o Capital Campaign Strategist: Susan Palmer, President Palmer Westport Group Architect. OTJ Architects Theatre Planner: Schuler Shook Structural Engineer: Lundy & Franke Engineering Mechanical/Electrical/Plumbing: Cleary Zimmerman Engineers Plaster Repair & Decorative Painting: EverGreene Architectural Arts • OTJ WORK: PLAZA THEATRE, El Paso is f FVow— Fro /40p, ( I�I��I�R �� it 1���� �'9 I ,•.�,� '« IA Z4 I. B _ � `k � — .. I / / ..._ -•..rte-v-+�^— °..A 4 n .................. . . ... .... ................. r. I SECRETARY OF INTERIOR'S STANDARDS .UK rl "L i KllaiA rl 11VIL N i ul- HIS i UKi�' rKurt:K i iia: PRESERVATION REHABILITATION-AJ - - - Sustaining existing form, Compatible use for a Accurately depicting the Depicting, by means of integrity, and materials of property through repair, form,features, and new construction,the an historic property. alterations, and additions character of a property as form,features, and Focuses on the ongoing while preserving those it appeared at a particular detailing of a non-surviving maintenance and repair of portions or features which period of time by means of site, landscape, building, historic materials and convey its historical, the removal of features structure, or object for the features rather than cultural,or architectural from other periods in its purpose of replicating its extensive replacement and values. history and reconstruction appearance at a specific new construction. New of missing features from period of time and in its exterior additions not the restoration period. historic location. allowed. Limited and Ability to restore Limited and sensitive sensitive upgrading of MEP elements back to 1929 upgrading of MEP systems systems is allowed. appearance,while also is allowed. making necessary modern updates, like adding elevators, offices, modern amenities, etc... What' s a Tax Credit? _ ,creates ■�- ' - 1 Afor-profit LLC The RITZ 501 c3 < ��'GN�ERITZc3 manages m d runs ' perations ; Federal Historic Tax Credit Allocation a�5 $2.3M I ` Federal New Market-ti Tax Credit Allocation == LLC sells$2.3M tax $4.OM credit to bank for a 84 cents Ilar or, ` L$1.6 M LLC sells$4.OM tax ; credit to bank for.50 ' cents o r or,� $2.OM IMMEDIATE FUNDING NEEDS 1 111 Texas Historical Commission - Harvey GRANT0 MATCHING Grant - Time sensitive and must be completed and receipts submitted before 3/31/2024 Embedded steel repairs; patch and seal THC GRANT WORK cracks in brick veneer; waterproofing exterior (must be completed by 3/31/2024) LOCAL 0 FULL-TIME JOBS Ad IN AREA I M ACTS EXPENDITURES INVALUABLE BENEFITS LOCAL GOVERNMENT REVENUE 76 ADDED TO HOUSEHOLD RITZ INCOMES r IF INCREASE PROPERTY Statistics provided by the League of Historic ', VALUES & BRING TAX goAmerican Theatres REVENUE TO CITY Summary Pro Forma Proforma Summary Partial Year First Full Year Second full Year Third Full Year Needed from Capitalizatior (assumes 6 mondts ops plus 20%haircut Gross Earned Revenues 772,469 2,165,840 2,544,935 2,939,583 �� jire (Less Cost of Sales 245,396 736,188 i�,/i///,���i� 939,518 1,150,943 Net Earned Revenue 527,073 1,429,652 1,605,418 1,788,641 Operating Expenses 298,678 1,496,670 1,621,749 1,751,018 Net from Operations 228,395 67,018 16,331 37,623 Contributed Revenues 193,231 / 402,435 413,433 424,611 Lcss Fundraising Ex cnse 38,445 °O�o` 158,445 166,367 174,686 Nct from Fundraising154,786 ���%%���"�� 243,990 247,066 249,926 Net from Operation-,after Fundraising 383,180 %/;r 176,972 230,735 287,548 �ry r r ♦♦ _S I W A ✓% frc. Thank you for your consideration Ifll�r I E I �I r, fi i iuu utte u �- CORPUS CHRISTI POSITIVE ACTION -. v. TOWARO r CULTURAL HERITAGE so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of October 31, 2023 DATE: March 15, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager Heatherh3ctcctexas.com 361-826-3506 Briefing on Developer Proposed Tax Increment Reinvestment Zone for the Barisi Village Development STAFF PRESENTER(S): Name Title/Position Department 1. Heather Hurlbert Assistant City Manager City Manager 2. OUTSIDE PRESENTER(S): Name Title/Position Agency Name 1. 2. BACKGROUND: The city has received a petition from Jeffory Blackard with Barisi Village, LLC for the creation of a Tax Increment Financing Zone (TIRZ) on the area that was formally the Pharoah Valley golf course and country club. The Developer is proposing a publicly accessible and beneficial European-style village. The project and financing plan anticipates reimbursement from taxes generated by the increment of up to $78,000,000 in costs for public infrastructure including parking structures, streets, landscaping and furnishing, wayfinding, parks, ponds and fountains, public restrooms, public plaza and tower, lighting and safety, public utility infrastructure, and walking trails. The developer is also requesting that funds for maintenance of some of the improvements be paid through the TIRZ along with interest expenses. This item will provide a briefing on the proposed project and related requested creation of a TIRZ. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Barisi Village Briefing Barisi Village Briefing Developer Requested Tax Reinvestment Zone Council Presentation October 31, 2023 Overview ➢ 127 acres of the foe Pharaoh Valley Cou ry ➢ Developer is sole owner f the parcel ➢ MAPS The land has both aPlanned Unit Development (PUD) and deed restrictions that require HERE it to be developed as a high- density village. ➢ This can only be changed through a public vote. V i . y. M •1 1�1 _ rl'L 'r+4 E l.'� l.�► ►�+`'`1���7 Inr �lrl+�� t .� � /� �� , -.. ^ 1 •# 1. � '11 s r., Jill ^ 1 mot _ . , sl.l;� ►� Wirr. • .l OILt. : ... x 7, Ir O �1177Sim 1 u ?` iG r /A,• Barisi Village r� N Site Plan G, - '� �� !AIS s;�+• q Proposed Development ➢ Village-type development ➢ Includes: ➢ Village plazas,bell tower, wedding chapel, and event , space ➢ 1,350 multifamily units ➢ 350+ Single Family Homes _ ➢ Hotel with 100-120 keys ➢ Up to 200,000 square feet of .. retail space ➢ Public Par 3 Golf Course, sport courts, and nature �' `� =• - .^' preserve ➢ Estimated timeline for buildout of 10-12 years ➢ Anticipated taxable value of $800M-$1B at completion 4 e � r � Ten year projection .. FL I�AwM�st�.� Y i hose 2- $18,525,6515.02 Phase 3 ► amp ff /ail Barisi Village `�J Pueuc cows PeR PHAse-$58,993,019.29 ® R V kar' CompartiesREAL ESTATE BRIDGEVIEW Pond&Canal Works 2,342,500 Public Restroom Improvements 125,000 Required Density 17,353,650 Village-Style Public Plaza&Tower 1,125,000 Improvements/Structured Parking Landscaping Improvements600,000 Supplemental Public Safety 675,000 Improved Wayfinding,Signage,& 4D, Lighting 225 Nature Preserve,Golf,&Walking Trail 5,431,950 Traffic&Street Improvements 15, 86, Public Sewage,Storm,&Water 6,690,640 Park&Fountain Improvements 890,000 ContiMency,Professional fees, 6,648,134 Ge ral Conditions,&Soft Costs Requested Public Improvements,Facilities,&Infra cture Tota imbursement:$58,993,019 Projected Project Totals • Public Improvements,Facilities, &Infrastructure $58,993,019 Lifetime Inflation Allowance $11,089,954 Financing Costs&Interest $10,512,446 Administrative Costs $2,000,000 ----------------------------------- ____`___-.-._...__ a.. 1 Pond and Grading• 579$500 I Pd, .I l I • 16 Sheets Sidewalks,walls- J l`. Lc Ne5tfooms 009 5125. v $2,684109 K UMing $1 x500U f ° IC. C4f5ile Traffic Wok-$1,603,968 L Ldnds apng $5U0.wO l �r,,0. Sfdrm drainage•$912,590 N.Furnlshdng-540,000 l E. Sanitary Sewer•5737.000 M. Signage-545,000 F. Water Iltllitles-$392,0000. Fees;Overhead, Parking Gorage-$4.160,000 GenerolConditlans $1,171,800 r H. Bell Tower-5750,000 i v 1 i Sp FTCgST$(ENG-$ONVEY.GEgTECX)7 5%,- $573.780.78 r k"i r Contingency-$747,132.89 l j T-lal---z andng---wr-Public $IS-84-iQ�dd_ -- -- vd w w r r j�J n y, ;� fibilo°�°o y4 0 hr1 l� k 45 Pond and Associated Grading 792,500 Streets,Sidewalks, Walls 2,684,109 Offsite Traffic Work 1,603,968 Storm Drainage 912,500 Sanitary Sewer 732,000 Type #/Sq Ft/Spaces Multi-Family Units 345 Water Utility 392,000 Hotel 120 Keys Parking Garage 4,742,400 Restaurant 1 @ 6,000 Sq Ft Bell Tower 750,000 Retail 2 @ 15,000 Sq Ft w Parking Garage 400 Spaces Principal Plaza 375,000 Cafe 1@1,000 Sq Ft Public Restrooms 125,000 Chapel 6,000 Sq Ft Plaza 5,OOO Sq Ft Lighting 125,000 Bell Tower 5,000 Sq Ft Landscaping 500,000 Lake 2 Furnishing 40,000 Banquet Space 5,000 Sq Ft All are approximate and are subject to Signage 45,000 change during the 10-year project Organizational Costs 35,000 Fees, Overhead,General Conditions,Civil Soft Costs 1,088,181 Contingency T 747,133 Phase 1 TIRZ Projects Total $15,689,791 4 Oot 4 n L J�o 'P•.° Y sJ k `-1 �$5,131,9$O G. Site LighM1ng I$1. f A. pond vId G vd;n 25.000 t ^' B. Streets,Sidewalks,Walls-$3,619,724.25 M. Spats Courts-$490.000 I C. S}orm OroUnage-$941,000 1_ tend—ping-5500,000 0. Sandacy Sewer-$437,110 J. f umishings-M000 water Utilities $444.280 K. Signage-$45,000 j Parking Garage-$4,203,7$0 L. Fees,Overhead, General Caadltions-$349,000 1' i SOFTCOSTS(ENG.SURVEY.GEOTECH)7.S%• $615.704.92 I4 Comingeacy- 5882,175.95 j A 1 Total Non-Rnacing Public Costs-$19,525,645.02 i.. v I f i• • • - �� �•'�-�'•it i 11 i;ll:I�'+ . _ r �� :� Fildlllr 1tL 11Y1' Pond and Associated Grading 5,431,950 Streets,Sidewalks, Walls 3,619,724 Storm Drainage 941,000 Sanitary Sewer 437,110 Water Utility 446,280 Type #/Sq Ft/Spaces Multi-Family Units 345 Parking Garage 4,203,750 Sports Courts 12 Lighting 125,000 Parking Garage 450 Spaces Sports Courts 690,000 Club House 12,000 Sq Ft Lazy River Pool 1 Landscaping w 500,000 Par 3 Golf Course 1 Furnishing 40,000 Town Homes 40 Public Park 1 Signage 45,000 Public Walking Path 6 Organizational Costs 12,000 Lake 4 Fees, Overhead,General Conditions,Civil Soft Costs 1,151,705 Warehouse 1 @ 20,000 Sq Ft All are approximate and are subject to Contingency 882,176 change during the 10-year project Phase 2 TIRZ Projects Total $18,525,695 ' II : . I ix• A. Pond old Groding•$810,000 F. SRe Lighting•$126.0DO 1 R. Sheets,Sidewalks,Walls-$2,622,078 G. landscaping-$1oOAOO j C. 510—Oroinoge-$457,475 H. Furnishings-540,000 1 iY , 's ,• '"' "`-- -*,,, I 0- S—ltary Sewer-5405,850 i- Signage-$45,000 1 ` I E. Water 11}IIIHes-5243,540 J. fees,Overhead, 1 1 General CondlHans•$100.000 1 1 a I 1 SOFTCOSTS(ENG.SURVEY...GEOTECN)7,576• SLM,57448 {.,. f � i GonHngency-5264,598-37 I I X f? i Total Man-Finacing Fublk Cosh• $5.55d,Sd5.85 i r BRIDGEVIEW +SFr n6,kA�sresa _ 1 Pond and Associated Grading 810,000 Streets,Sidewalks, Walls 2,622,078 Storm Drainage 459,475 Sanitary Sewer 405,850 Water Utility 243,590 Type #/Sq Ft/Spaces Age Restricted Units 350 Lighting 125,000 Single Family Lots 32 Sports Courts 100,000 Surface Parking 400 Spaces Landscaping 40,000 Community Room 8,000SgFt Community Gardens 2 Furnishing w 45,000 Waterside Boardwalk , 2 Signage 12,000 Organizational Costs 428,974 Fees, Overhead,General Conditions,Civil Soft Costs 264,598 Contingency 810,000 All are approximate and are subject to Phase 3 TIRZ Projects Total $5,556,565 change during the 10-year project 4r .. A.. Pond and Grading-5637,500 G. Site Lighting-5150.000 y B- Sheets,Sidewalks.Walls- H. Landscaping-$250,000 , r $2,534,045 1. Furnishings•$40,000 1 C. Storm Drainage•$330,975 J. Signage•$45000 s arF D, Sanifmy Sewer-$544,2fi0 K. Fees Overhead * r k. p1 E- Wafer Idles-$264,980 General Conditions-$234,900 7 F- Parking Garage-S4,203,750 ° kk Y SOFTCOSTS(ENG.SOBVEY.G€OTECH)7.5%- $327,382-00 Contingency- $477.939-60 Total Non-Flnacing Public Costs-$10,034,731.60 s'`` �' �,,✓ "C PW X %V t s r s .F �Ft,l0.aA:'�19.'4ti 13 Pond and Associated Grading 637,500 Streets,Sidewalks, Walls 2,534,045 Storm Drainage 330,975 Sanitary Sewer 544,260 Water Utility 264,980 Type #/Sq Ft/Spaces Multi-Family Units 330 Parking Garage 4,203,750 Single Family Lots 25 Lighting 150,000 Parking Garage 450 Spaces Town Homes 85 Landscaping 250,000 _ Community Gardens 2 Furnishing 40,000 Waterside Boardwalk 2 Signage 45,000 Small Grocery 1 @ 5,000 Sq Ft Offices 10,000 Sq Ft Organizational Costs 12,000 Community Parks 2 Fees, Overhead,General Conditions,Civil Soft Costs 546,282 Lake 1 Contingency 477,940 Public Walking Path 2 All are approximate and are subject to Phase 4 TIRZ Projects Total $10,036,732 change during the 10-year project A. P—d and Grading-$107.5100 H. Siie LighWg•$150,000 B- Streets,5idewalk5.walla I. Lo-clscopwg-$750,000 - $2 So 221J- Furnishings-$10,000 y bra i C.OHsl1e TMMC wade-5240,000 K- Signage•545.000 i 5. Storm D-1—ge-S25$550 L. Fees,Overhead, E. SantforySewer-$189,080 General Conditions•$289306 j W.16,Vf ime5-$192,990 w G.. Parking Gpage-$4.203.750 S i SOFICOSTS(ENG-SURVEY.GEOTECH)7,M-$242,400.58 i Cvnlingency- $437,344 58 7Cto1 Non Ftnocln9 Pufrnc Cash-$9 184 238.15 CJS. ------------------------ u , 1 4 Y '—J-. ®hk 11 Lll9.kti 'lipi Pond and Associated Grading 102,500 Streets,Sidewalks, Walls 2,562,221 Offsite Traffic Work 260,000 Storm Drainage 258,550 Sanitary Sewer 189,080 Type #/Sq Ft/Spaces Multi-Family Units 330 Water Utility 132,990 Retail 20,000 Sq Ft Parking Garage 4,203,750 Parking Garage 450 Spaces Town Homes 85 Lighting 150,000 Community Parks 1 Landscaping w 250,000 Waterside Boardwalk 2 Furnishing 40,000 Plaza 1 @ 5,000 Sq Ft Executive Offices 5,000 Sq Ft Signage 45,000 Organizational Costs 12,000 Fees, Overhead,General Conditions,Civil Soft Costs 540,801 All are approximate and are subject to Contingency 437,345 change during the 10-year project Phase 5 TIRZ Projects Total $9,184,237 Requested Contributions 95% 2024 through 2033 . $42,900,653 44,000,000 75% 2034 through 2038 50% 2039 through 2041 25% 2042through 2043 95% 2024 through 2033 75% 2034 through 2038 $19,976,583 $21,00 00 50% 2039 through 2041 5% 2042 through 2043 OOC! 2024 through 2033 �• $18,405,212 $20,000,000 5% 2034 through 2038 50% 2039 through 2041 25% 2042through 2043 Total Estimated Incremental Tax Revenue ' i $119,847,718 67.8% *Participation not confirmed 17 Questions ?