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Agenda Packet City Council - 11/14/2023
City Council City of Corpus Christi Meeting Agenda - Final-revised 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm. 210) 11:30 AMTuesday, November 14, 2023 Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary’s office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su inglés es limitado, habrá un intérprete inglés-español 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 Chaplain, Antwine Charles, CCPD. C.Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led byJosh Garcia, Senior at W.B. Ray High School. D.City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E.SECURITY BRIEFING F.CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-4) 1.23-1865 Proposition A Update 2.23-1816 South Texas Military Advocacy Trip to D.C. Recap, presented by Ryan Skrobarczyk, Director of Intergovernmental Relations 3.23-1818 Staff Announcement: Brett Van Hazel - Director of Asset Management Page 1 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised Cecilia Orozco - Assistant Director of Communications 4.23-1834 American Planning Association (APA) State Planning Conference Recap, presented by Daniel McGinn, Director of Planning & Community Development G.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. H.BOARD & COMMITTEE APPOINTMENTS: 5.23-1817 Airport Board (1 vacancy) Island Strategic Action Committee (2 vacancies) Landmark Commission (5 vacancies) Library Board (5 vacancies) Reinvestment Zone No. 2 (Island) Board (8 vacancies) Reinvestment Zone No. 4 (North Beach) Board (5 vacancies) I.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. J.CONSENT AGENDA: (ITEMS 6-15) 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. 6.23-1836 Approval of the October 31, 2023 Regular Meeting Minutes Sponsors:City Secretary's Office Page 2 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised Consent - Second Reading Ordinances 7.23-1714 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 8.23-1664 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 Consent - Contracts and Procurement 9.23-1716 Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Arnold Oil Company, of Corpus Christi, for $300,000.00 and with Advance Stores Company, Incorporated, dba Advance Auto Parts, of Raleigh, North Carolina, for $200,000.00 in a combined amount not to exceed $500,000.00, and a potential amount of $1,500,000.00 if options are exercised, for original equipment manufacturer (OEM) Ford or equivalent parts for Asset Management - Fleet, with FY 2024 funding of $417,000.00 from the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Finance & Procurement 10.23-1649 Resolution authorizing execution of one-year service agreement with two one-year options, with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, for an amount not to exceed $328,200.00, and a potential amount of $984,600.00 if options are exercised, for offsite repairs for Ford vehicles for Asset Management-Fleet, with FY 2024 funding of $300,850.00 from the Fleet Maintenance Service Fund. Sponsors:Asset Management Department and Finance & Procurement Consent - Capital Projects 11.23-1798 Motion authorizing the approval of Change Order No. 1 with Callan Marine, LTD, Galveston, Texas, for the Packery Channel Dredging and Beach Nourishment Project, in an amount of $400,00.00 for a total amount not to exceed $3,931,549.00, with FY 2024 funding available from Tax Increment Page 3 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised Reinvestment Zone No.2 Capital Fund. Sponsors:Engineering Services and Parks and Recreation Department General Consent Items 12.23-1819 Motion approving the Council Meeting Calendar for Calendar Year 2024 Sponsors:City Secretary's Office Consent - First Reading Ordinances 13.23-1762 Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $15,000.00 to fund overtime and fringe benefits for Corpus Christi Police Department sworn officers for the Red Cord Initiative Diversion Program; and appropriating $15,000.00 in the Police Grants Fund. Sponsors:Police Department 14.23-1764 Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor-Homeland Security Grant Division for the State Homeland Security Program for 57 replacement sets of body armor and a replacement burn trailer for the Corpus Christi Police Department’s Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the FY 2024 Fire Grants Fund. Sponsors:Fire Department 15.23-1754 Ordinance appropriating $105,208.00 into the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024; and authorizing one grant position. The total of the Revised Contract, which began on March 1, 2022, shall not exceed $388,000.00. Sponsors:Health Department K.RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L.PUBLIC HEARINGS: (ITEMS 16-21) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 16.23-1725 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a Page 4 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement.(District 5). Sponsors:Development Services 17.23-1727 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. (District 5). Sponsors:Development Services 18.23-1722 Zoning Case No. 0823-02, Thanksgiving Homes, (District 1). Ordinance rezoning a property at or near 650 Osage Street from the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Overlay; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) Sponsors:Development Services 19.23-1723 Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Sponsors:Development Services 20.23-1413 First public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. Sponsors:Planning and Community Development Department 21.23-1415 Second public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. Sponsors:Planning and Community Development Department M.INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22-26) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 22.23-1815 Motion to authorize renewal of an agreement with the United Corpus Christi Page 5 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2024 in the amount of $75,000. Sponsors:Communications & Intergovernmental Affairs 23.23-1620 Motion authorizing the execution of a two-year service agreement with Metepio, Inc., of Chicago, Illinois, for an amount not to exceed $87,900.00, for a community health assessment of the Corpus Christi Nueces County Health District, with FY2024 funding in the amount of $87,900.00 from the HthDist1115 Waiver Fund. Sponsors:Health Department and Finance & Procurement 24.23-1577 Ordinance accepting a grant in the amount of $346,991 from the Coastal Bend Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; appropriating funds in the amount of $346,991 Grants Fund; and amending the operating budget Sponsors:Parks and Recreation Department 25.23-1768 Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. Sponsors:Aviation Department and Engineering Services 26.23-1690 Motion authorizing the purchase of two water cooled chillers from Trane Technologies of San Antonio, Texas for the American Bank Center Arena through the OMNIA Partners Cooperative for Engineering Services for a total not to exceed amount of $3,054,150.00, with FY 2024 funding available through the Arena Type A Capital Fund. Sponsors:Engineering Services and Finance & Procurement N.BRIEFINGS: (NONE) 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. O.EXECUTIVE SESSION: (ITEMS 27- 29) 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 Page 6 City of Corpus Christi Printed on 11/13/2023 November 14, 2023City Council Meeting Agenda - Final-revised 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. 27.23-1710 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 case of Annette Rodriguez v. City of Corpus Christi, et. al, including potential consideration of fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. 28.23-1796 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning industries, infrastructure, and property in the City’s extraterritorial jurisdiction, services thereto, industrial district agreements, and Chapters 42, 43 and 212 of the Texas Local Government Code and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations. 29.23-1813 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 Texas Tax Code Chapter 311, Texas Local Government Code § 380.001, et. See. Texas Local Gov’t. § 381.001, et. Seq, other statutory provisions related to economic development, tax increment financing, and developer incentives, and a proposed Tax Increment Reinvestment Zone and associated potential development incentives for the Barisi Village Development and Texas Government Code § 551.087 to discuss and deliberate regarding commercial or financial information that the City has received from business prospect(s) that the City seeks to have locate, stay or expand in or near the territory of the City and with which the City is conducting economic development negotiations and to deliberate offers of financial and/or other incentives to said business prospect(s) P.ADJOURNMENT Page 7 City of Corpus Christi Printed on 11/13/2023 The City Manager will make general comments on Proposition A and next steps. November 14, 2023 Ryan Skrobarczyk Director, Intergovernmental Relations November 14,2023 Overview of South Texas Military Task Force Washington D.C. Military Advocacy Trip 1 2 South Texas Military Task Force Trip to D.C. The South Texas Military Task Force (STMTF) is a committee of the United Corpus Christi Chamber of Commerce. It consists of a collection of civilian community and business leaders dedicated to preserving, protecting, and expanding the missions of the South Texas Military Facilities. October 22nd-25th,the Task Force Executive Committee traveled to Washington D.C. to meet with officials at the Pentagon and Capitol Hill to advocate on behalf of Naval Air Station Corpus Christi & Kingsville, Corpus Christi Army Depot, and Coast Guard Sector/Air Station Corpus Christi. 3 South Texas Military Task Force Trip to D.C. Attendees & Advocates: •Kresten Cook, Executive Director STMTF •Alan Wilson, Charter Bank, Chairman STMTF •Wes Hoskins, First Community Bank, Past Chair STMTF •Garry Bradford, Texas Military Preparedness Commission •Al Arreola Jr, UCCC CEO •Clark Robinson, Port of Corpus Christi •Mayor Paulette Guajardo •Peter Zanoni, City Manager •Michael Rodriguez, Dept. City Manager •Sony Peronel, Asst. to City Manager •Ryan Skrobarczyk, IGR Director •Larry Meyers, Hance Scarborough •Jennifer Shephard, Hance Scarborough 4 Meetings Conducted: • Army Deputy Assistant Secretary for Installations • Pentagon - Chief of Army Partnerships • Commander, Navy Installations Command - Chief of Naval Installations • Principal Deputy Assistant Secretary of Defense, Sustainment • Congressman Henry Cuellar’s Defense Fellow • Senator Ted Cruz • Senator John Cornyn South Texas Military Task Force Trip to D.C. 5 South Texas Military Task Force Trip to D.C STMTF priorities include: •Demonstrate Corpus Christi is a pro-military city – actively improving military readiness through our partnership and supporting our military communities •Federal military construction funding for continued investment in local facilities to improve quality of life and prevent BRAC •Encouraging rapid approval through the Naval gifting process for projects like DEAAG grants •Reform the 180-day rule allowing for enlisted veterans to work at facilities like the Army Depot immediately upon retirement. •Require transparency of the 50/50 rule to ensure public depots receive the amount of repair work required by law 6 South Texas Military Task Force Trip to D.C Task Force Follow-Up: •An update was provided to military leadership on the need for new on-base single housing and the child development center since the barracks were condemned. •Demonstrate local support for rebuilding the CNATRA House to cement the highest-ranking Navy officer’s position in Corpus Christi, Texas. •Chief of Naval Installations will travel to Corpus Christi before the end of this year to visit area installations and see needs first-hand •Senate tracking of amendments on the 50/50 rule and 180-day rule •Gained insight into the future of military aviation planning for CCAD purposes. 7 Chief Financial Officer Constance Sanchez Assistant City Manager Neiman Young Gas Bill Mahaffey October 26, 2023 City Secretary Rebecca Huerta Municipal Courts Judge Jackie Del Llano Chapa Communications1 & Intergovernmental Affairs2 Logan Cobbs1 Ryan Skrobarczyk2 Engineering Services Jeffrey Edmonds Public Works Ernesto De La Garza Economic Development Heather Hurlbert (Interim) Airport Kevin Smith Human Resources Rebecca Castillo (Interim) Finance & Procurement Alma Casas (Interim) Management & Budget Eddie Houlihan Animal Care Services William Cox (Interim) Mayor and City Council Director of Water Systems Drew Molly City of Corpus Christi Organizational Chart Development Services Al Raymond Assistant to City Manager Sony Peronel Libraries Laura Garcia Police Chief Mike Markle Fire Chief Brandon Wade Court Administration Gilbert Hernandez Solid Waste David Lehfeldt Parks & Recreation Robert Dodd Asset Management Brett Van Hazel Planning & Community Development Daniel McGinn Health District* Fauzia Khan Information Technology Peter Collins Assistant City Manager Heather Hurlbert Assistant City Manager Steve Viera Corpus Christi Water Chief Operating Officer Drew Molly (Interim) Partner Agency Liaison 1.CCREDC: Heather Hurlbert 2.American Bank Center: Elsy Borgstedte 3.Corpus Christi Hooks: Elsy Borgstedte 4.Convention Visitor Bureau: Heather Hurlbert 5.Type A/B Board: Heather Hurlbert 6.Downtown Management District: Heather Hurlbert City Auditor George Holland City Manager Peter Zanoni City Attorney Miles Risley Deputy City Manager Michael Rodriguez Strategic Planning & Innovation Scott Greene Director of Water Utilities Wes Nebgen *Includes Local Health Authority Dr. Ramachandruni Duties Composition Creation / Authority Meet Member size Term length / limit Staff Liaison 10 3 years / 6 years Adelle Ives Name District Term Appt. date End date Appointing Authority Position Status Category Dr. Rick Barrera District 5 1 4/12/2022 4/4/2025 City Council Resign Paul A. Cameron Jr District 4 2 1/17/2017 4/4/2024 City Council Active Dr. Hans O Schumann District 1 1 4/13/2021 4/4/2024 City Council Active John P. LaRue District 2 1 4/13/2021 4/4/2024 City Council Vice-Chair Active Kusumakar Sooda District 5 2 4/9/2019 4/4/2025 City Council Active Rosie G. Collin District 5 1 4/13/2022 4/4/2025 City Council Active Ricardo L Talavera Jr.District 5 Partial 6/13/2023 4/4/2026 City Council Active Dr. Rey M. Saenz District 1 1 4/11/2023 4/4/2026 City Council Active Randall M. Hicks District 4 2 6/16/2020 4/4/2026 City Council Chair Active Jeremy V. Taylor District 4 1 4/11/2023 4/4/2026 City Council Active Jon Reily District 5 1 4/11/2023 4/4/2024 City Council Ex-Officio, Non-voting Active Brett Oetting District 2 N/A N/A N/A CVB Ex-Officio, Non-voting Active VCC CEO Mike Culbertson N/A N/A N/A CCREDC Ex-Officio, Non-voting Active CCREDC CEO Last Wednesday of every month, 3:30 p.m., International Airport Board Rm. AIRPORT BOARD One (1) vacancy with term ending 4-4-2025. The Airport Board advises the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. Ten (10) members appointed by the City Council for three-year staggered terms. Section 2-175, Code of Ordinances; Ord. Nos. 17012, 4-28-82; 17748, 7-27-83; 19829, 7-07-87; 20327, 5-24-88; 021661, 5-25-93; 023755, 8-31-99; 032475, 6-22- 21. 11-14-2023 Name District Status Kimberly D. Barrientos District 5 Applied Janie Gifford District 4 Applied Elizabeth Gillenwater District 4 Applied Shawn Karaca District 5 Applied Omar X. Lozano District 1 Applied Travis Patterson District 2 Applied Matthew V. Philomeno District 4 Applied Robert Reyna*District 2 Applied Robert A. Williams District 5 Applied *Serves on the Board of Adjustment. Will resign if appointed. AIRPORT BOARD Applicants Duties Composition Creation/Authority Ordinance No. 028488, 2/16/10; amended Ordinance 030830, 4/26/16; Ordinance 032058, 3/17/2020 Meets Member size Term length / limit Liaison 14 3 years / 6 years Bonnie McLaughlin Name District Term Appt. date End date Appointing Authority Position Status Category Melanie Salinas District 4 1 3/30/2021 3/23/2025 City Council Resigned At-Large Eric L Evans District 4 1 9/14/2021 3/23/2025 City Council Resigned Commercial Property Owner Robert B. Pruski Jr.District 4 1 3/30/2021 3/23/2024 City Council Active Construction Contractor ISLAND STRATEGIC ACTION COMMITTEE Two (2) vacancies with terms ending 3-23-2025, representing the following preferred but not required categories: 1 - At-Large and 1 - Commercial Property Owner. The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on development and implementation of the Mustang-Padre Island Area Development Plan. The ISAC shall develop specific strategies for implementation of the Mustang-Padre Island Development Plan with specific timelines to implement the respective strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs. The committee shall consist of fourteen (14) members appointed by the City Council. Membership in one or more of the following categories is preferred but not required: Padre Isles Property Owners Association, residential property owner who owns property and resides on Mustang or Padre Island; commercial property owner who owns property and operates a business on Mustang or Padre Island; developer of property on Mustang or Padre Island; member of the Padre Island Business Association; architect or professional engineer, who does work on projects on Mustang or Padre Island; realtor, who primarily represents buyers or sellers of property on Mustang or Padre Island; construction contractor, who primarily works on projects on Mustang or Padre Island; representative of an environmental group; person who resides on Mustang Island or who is an employee of a Mustang Island property owner; and at-large representatives who are residents of the City. Not less than twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at-large representatives may, but is not required to, reside on Mustang or Padre Island. The City Council may appoint not more than five (5) members of the action committee who do not reside within the City if they own or represent the owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex-officio advisory member of the action committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau. 1st Tuesday of every month at 5:30 p.m. Seashore Middle Academy, 15437 S. Padre Island Dr. Corpus Christi, TX 78418 11-14-2023 Name District Term Appt. date End date Appointing Authority Position Status Category Dotson Lewis Jr.District 4 1 3/30/2021 3/23/2024 City Council Vice Chair Active Residential Property Owner Michael S. Pittman District 4 Partial 9/14/2021 3/23/2024 City Council Active Mustang Island Rep. Jay N. Gardner District 4 2 3/20/2018 3/23/2024 City Council Chair Active Environmental Group William M. Uhlarik District 4 1 3/30/2021 3/23/2024 City Council Active Realtor Terry A Palmer District 4 Partial 4/11/2023 3/23/2024 City Council Active At-Large Marvin L Jones District 4 Partial 4/11/2023 3/23/2024 City Council Active At-Large Craig Thompson District 2 Partial 4/12/2022 3/23/2024 City Council Active Professional Engineer Meagan E. Furey District 4 1 4/12/2022 3/23/2025 City Council Active Padre Island Business Assoc. Charles F. Duffley Other / Non- Resident 2 3/26/2019 3/23/2025 City Council Active Developer Roy D. Coons District 4 1 3/30/2021 3/23/2025 City Council Active At-Large Robert J. Corbett District 4 1 4/12/2022 3/23/2025 City Council Active Padre Isles Prop. Owners Assoc. Twila Stevens District 4 1 N/A N/A Ex-Officio, Non-voting Active Parks and Rec Adv. Comm. Brett Oetting District 2 1 N/A N/A CVB Ex-Officio, Non-voting Active CVB Meredith Darden District 2 1 N/A N/A Ex-Officio, Non-voting Active Watershore and Beach Adv. Comm. R. Bryan Gulley District 4 N/A N/A N/A Nueces County Ex-Officio, Non-voting Active Nueces County Vacancy 1 N/A N/A Ex-Officio, Non-voting Active Planning Commission Vacancy 1 N/A N/A Nueces County Ex-Officio, Non-voting Active Nueces County Water Control and Prevention District #4 11-14-2023 Name District Status Category Stephen Armstrong District 4 Applied At-Large Residential Property Owner Robert Clore District 4 Applied At-Large Residential Property Owner Thomas V. Gottemoller District 4 Applied At-Large Residential Property Owner Sandy R. Graves District 4 Applied At-Large Residential Property Owner Bobby Mogford District 4 Applied At-Large Residential Property Owner Justin L. Polasek District 4 Applied At-Large Residential Property Owner Lori A. Rasheed District 4 Applied At-Large Developer of Property on Mustang or Padre Island Residential Property Owner Commercial property owner Cheryl D. Segrest District 4 Applied At-Large Residential Property Owner ISLAND STRATEGIC ACTION COMMITTEE Applicants Duties Composition Creation/Authority Section 2-204, Code of Ordinances. Ord. No. 12315, 10-16-74; Ord. No. 19908, 8-11-87; Ord. No. 030228, 7-15-14; Ord. 032058 - 03-17-2020 Meets Member size Term Length / Limit Liaison 11 3 years / 6 years Ruth Bocchino Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Armando Mendez District 4 1 2/9/2021 11/20/2023 City Council Chair Seeking reappointment At-Large 8/9 meetings - 79% (1excused absence) Veronica D. Wilson District 5 1 2/9/2021 11/20/2023 City Council Seeking reappointment At-Large 7/9 meetings - 78% Cheryl M. McLaughlin District 1 Partial 8/8/2023 11/20/2023 City Council Seeking reappointment Historian 2/2 meetings - 100% Gordon E. Landreth District 4 Partial 4/11/2023 11/20/2023 City Council Seeking reappointment At-Large 3/3 meetings - 100% Elgin Wade Williams District 2 1 2/22/2022 11/20/2023 City Council Not seeking reappointment Engineer James H. Pruitt II District 5 1 11/9/2021 11/20/2024 City Council Active Historian Matthew R. Forrester District 5 1 2/22/2022 11/20/2024 City Council Active At-Large Albert Montez District 2 1 2/22/2022 11/20/2024 City Council Active Title Search Roslyn Michele Wanzer District 3 1 2/9/2021 11/20/2024 City Council Active Real Estate Elizabeth Riggle District 2 1 9/6/2022 11/20/2025 City Council Active At-Large Walter Jeff Mumme District 3 1 9/6/2022 11/20/2025 City Council Active At Large LANDMARK COMMISSION 4th Thursday of every month at 4:30 p.m., City Hall, Council Chambers. Eleven (11) members are appointed by City Council by majority vote, in so far as possible, the numerical composition shall correspond to the ethnic, gender, and economic distribution of the city according to the last Federal Census report. All members shall have knowledge and experience in either the architectural, archaeological, cultural, social, economic, ethnic or political history of Corpus Christi. No one occupation or professional interest shall constitute a majority membership of the commission. Membership in one or more of the following categories is preferred but not required: historians, licensed real estate salespersons, architect, structural or civil engineer, title search business, property surveyor, and members at-large. The Landmark Commission promotes the use of historical and cultural landmarks for the culture, prosperity, education, and general welfare of the people of the City and visitors to the City. Five (5) vacancies with terms ending to 11-20-2026, representing the following preferred, but not required category: 3 - At-Large, 1 - Historian and 1 - Engineer. 11-14-2023 Name District Status Category Lisa G. Cobb District 2 Applied At-Large Melissa Espinoza District 1 Applied At-Large Mario O. Flores District 2 Applied At-Large Historian Josh Kawinski District 3 Applied At-Large Gordon E. Landreth District 4 Seeking reappointment At-Large Architect Cheryl M. McLaughlin District 1 Seeking reappointment At-Large Historian Armando Mendez District 4 Seeking reappointment At-Large Eloisa Rodriguez District 3 Applied At-Large Hershel Shoats District 5 Applied At-Large Veronica D. Wilson District 5 Seeking reappointment At-Large LANDMARK COMMISSION Applicants Duties Composition Creation/Authority Meets Member size Term length / limit Liaison 9 2 years / 6 years Kenny Jones Name District Term Appt. date End date Appointing Authority Position Status Category Attendance Pooja Bindingnavele District 2 1 11/9/2021 11/5/2023 City Council Seeking reappointment 10/12 meetings - 83% (2 excused absences) Candace S. Hart District 4 Partial 5/9/2023 11/5/2023 City Council Seeking reappointment 11/12 meetings - 92% Vickie C. Natale District 2 2 11/6/2019 11/5/2023 City Council Vice-Chair Seeking reappointment 5/5 meetings - 100% Nicole C. Carroll District 4 3 11/7/2017 11/5/2023 City Council Met the six-year service limitation Julie T. Rogers District 1 3 11/7/2017 11/5/2023 City Council Chair Met the six-year service limitation Alice U. Hawkins District 2 1 9/20/2022 11/5/2024 City Council Active Sharron K. Hines District 2 2 2/23/2021 11/5/2024 City Council Active Friends of the Libraries Board Carroll P. Matthews District 2 1 9/20/2022 11/5/2024 City Council Active La Retama Club Dora A. Wilburn District 2 2 2/23/2021 11/5/2024 City Council Active 1st Tuesday of every month, 10:30 a.m., La Retama Central Library Board Room, 2nd Floor LIBRARY BOARD Five (5) vacancies with terms ending 11-5-2025. The Library Board shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. Nine (9) voting members which nine (9) members shall be appointed by the City Council with terms of two (2) years or until a successor is appointed. A member in each of the following categories is preferred but not required: La Retama Club and Friends of the Corpus Christi Public Libraries Board. Section 2-75, Code of Ordinances. Ordinance Nos. 1889, 12044, 13235, 18473, 18606, M85-0399, 8-27-85; 19830, 7-7-87; M87-0330, 9-22-87; 20115, 12-17-87; 20294, 5-3-88; 20674, 5-16-89; 022900, 4-15-97; 027945, 11-18-08; Ord. 032058 - 3-17-2020. 11-14-2023 Name District Status Pooja Bindingnavele District 2 Seeking reappointment Joan Carrillo District 3 Applied Lisa Comparini District 2 Applied Patricia Craig District 5 Applied Melinda De Los Santos District 2 Applied Martha De Simon District 4 Applied Robert L. Garza II District 5 Applied Alyson Greene District 4 Applied Candace S. Hart District 4 Seeking reappointment Jordan Kidd District 5 Applied Joy M. MIller District 1 Applied Becky K. Moeller District 4 Applied Carrie Moore District 2 Applied Vickie C. Natale District 2 Seeking reappointment Roseanne H. Norman District 2 Applied Jessica Palitza District 2 Applied Sherilyn A. Pena District 3 Applied Liz Raasch District 2 Applied Dolores G. Rabon District 4 Applied Ellison Rhea District 2 Applied Hershel Shoats District 5 Applied Deborah Williamson District 4 Applied LIBRARY BOARD Applicants Composition Creation/Authority Meet Member Size Term Length Liaison As scheduled 14 2 years Joe Escobar Name Term Start date End date Appointing Authority Position Status Category Attendance Paulette Guajardo 3 11/2/2019 11/1/2023 City Council Eligible for reappointment City Mike Pusley 2 2/9/2021 11/1/2023 City Council Eligible for reappointment City Michael T. Hunter 3 4/12/2016 11/1/2023 City Council Eligible for reappointment City Roland Barrera 3 11/2/2019 11/1/2023 City Council Eligible for reappointment City Gil Hernandez 3 11/2/2019 11/1/2023 City Council Eligible for reappointment City Jim Klein 1 2/14/2023 11/1/2023 City Council Eligible for reappointment City Everett Roy 1 2/14/2023 11/1/2023 City Council Eligible for reappointment City Brent Chesney 2 2/18/2020 11/1/2023 City Council Eligible for reappointment Nueces County 3/6 meetings - 50% Daniel R Suckley 1 2/14/2023 11/1/2024 City Council Chair Active City Sylvia Campos 1 2/14/2023 11/1/2024 City Council Active City Libby Averyt 1 2/14/2023 11/1/2024 Del Mar College Active Del Mar College Joe A Gonzalez 1 4/11/2023 11/1/2024 City Council Active Nueces County John Marez 1 4/11/2023 11/1/2024 City Council Active Nueces County Connie Scott 1 2/8/2023 11/1/2024 Nueces County Active Nueces County REINVESTMENT ZONE NO. 2 (ISLAND) BOARD Eight (8) vacancies with terms ending 11-1-2025, representing the following categories: 7 - City and 1 - Nueces County. (Nueces County is recommending the reappointment of County Commissioners Brent Chesney. The City Council appoints the Chairman for a term of one-year beginning January 1, 2024). The Board shall consist of up to fifteen (15) members. The members shall be appointed as follows: Pursuant to Sec. 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one (1) member of the board. If the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. Each governing body may waive its right to appoint a director and is deemed to have waived the right if it has not made the appointment within 30 days of receiving written notice of its right to appoint. Effective January 1, 2023, any existing Board members appointed by taxing entities that do not or no longer contribute to the Zone are removed from the Board in compliance with Section 311.009(a).The remaining members of the board are appointed by the City Council. The City Council will seek recommendations from Nueces County on the appointment of three of the board members. If Nueces County does not provide recommendations, then City Council may appoint the remaining board members at its sole discretion. The City Council shall have the right to appoint at least ten (10) members of the Board and the board may exceed fifteen (15) members if necessary for the City Council to make the ten (10) appointments. To be eligible for appointment, an individual must be at least 18 years of age and be a resident of the county in which the zone is located or a county adjacent to that county or own real property in the zone, whether or not the individual resides in the county in which the zone is located or a county adjacent to that county. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Motion No. 2000-396, 11/14/00; Ordinance No. 024270, 11/14/00; Motion No. 2000-408; Motion No. 2000-409, 11/21/00; Motion No. 2009-259, 9/15/09; Ordinance 032929, 12-6-2022. 11-14-2023 Composition Creation / Authority Meet Members size Term length Liaison As scheduled 15 2 years Joe Escobar Name Term Start date End date Appointing Authority Position Status Category Attendance Paulette Guajardo 2 11/12/2019 11/1/2023 City Council Eligible for reappointment City Mike Pusley 1 2/9/2021 11/1/2023 City Council Eligible for reappointment City Everett Roy Partial 2/14/2023 11/1/2023 City Council Chair Eligible for reappointment City Jesse Gilbert 1 11/9/2021 11/1/2023 City Council Seeking reappointment Director of Texas State Aquarium 3/3 meetings - 100% Steve Banta 2 11/12/2019 11/1/2023 City Council Seeking reappointment Director of USS Lexington 2/3 meetings - 67% Roberto Hernandez 1 10/18/2021 11/1/2025 Nueces County Active Nueces County David Loeb Partial 2/14/2023 11/1/2025 Del Mar College Active Del Mar College Roland Barrera 3 11/12/2019 11/1/2024 City Council Active City Sylvia Campos 1 2/14/2023 11/1/2024 City Council Active City Gil Hernandez 3 11/12/2019 11/1/2024 City Council Active City Michael T. Hunter 3 11/12/2019 11/1/2024 City Council Vice-Chair Active City REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Five (5) vacancies with terms ending 11-1-2025, representing the following categories: 3 - City, 1 - Director of Texas State Aquarium, and 1 - Director of USS Lexington. (Historically, Council Members have been appointed to the board. The City Council appoints the Chairman for a term of one-year beginning January 1, 2024). The Board shall consist of fifteen (15) members. The Board shall be appointed as follows: Pursuant to Section 311.009(a), Tax Code, the respective governing bodies of each taxing unit other than the City that levies taxes within the Zone each may appoint one member of the Board if the taxing unit has approved the payment of all or part of the tax increment produced by the unit into the tax increment fund for the zone. These entities include: Del Mar College and Nueces County. Each governing body may waive its right to appoint a director. The remaining members of the Board are appointed by the City Council. To be eligible for appointment, an individual must be 18 years or older of age and be a resident of the county in which the zone is located or own real property in the zone, whether or not the individual resides in the county in which the zone is located. The City Council shall have the right to appoint at least ten (10) members, with one reserved for a representative from Nueces County, and the board may exceed fifteen (15) members if necessary, for the City Council to make said ten (10) appointments. Terms of Board members are two years. Terms must be staggered, with the first term of 8 City Council appointees being for one year. Officers must be appointed as provided in the Act. Each year the governing body of the municipality or county that created the zone shall appoint one member of the board to serve as Chairman for a term of one-year that begins on January 1 of the following year. The Board of Directors may elect a Vice-Chairman to preside in the absence of the Chairman or when there is a vacancy in the office of the Chairman. The board may elect other officers as it considers appropriate. Per staff’s recommendation on 11-12-2019 the following composition was approved for City positions: 9 - City Council members, 1 - 2 - Nueces County Representative(s), 1 - Community member (Must be a resident within the TIRZ), 1 - Texas State Aquarium Appointee, 1 - USS Lexington Appointee. Ord. No. 031927, 11-12-19 11-14-2023 Name Term Start date End date Appointing Authority Position Status Category Attendance Jim Klein 1 2/14/2023 11/1/2024 City Council Active City Daniel R. Suckley 1 2/14/2023 11/1/2024 City Council Active City Catherine Garcia 1 2/14/2023 11/1/2024 City Council Active Community Member Connie Scott 1 2/14/2023 11/1/2024 City Council Active Nueces County 11-14-2023 Name District Status Category Steve Banta District 5 Seeking reappointment USS Lexingtion Representative Vishvash Bhakta District 1 Applied Jesse Gilbert Other / Non-Resident Seeking reappointment Texas State Aquarium Representative Carrie R Meyer District 1 Applied Robert Reyna*District 2 Applied *Serves on the Board of Adjustment. Will resign if appointed. REINVESTMENT ZONE NO. 4 (NORTH BEACH) BOARD Applicants 1201 Leopard Street Corpus Christi, TX 78401 cctexas.com City of Corpus Christi Meeting Minutes City Council 11:30 AMCorpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm. 210) Tuesday, October 31, 2023 Mayor Paulette Guajardo to call the meeting to order.A. Mayor Guajardo called the meeting to order at 11:33 a.m Invocation to be given by Bishop C.E. Richardson Sr., Calvary First Baptist Church. B. Bishop C.E. Richardson Sr., Calvary First Baptist Church, gave the invocation. 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. C. Melody Salinas, Junior at Miller High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.D. Assistant City Secretary Stephanie Box called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and Assistant City Secretary Stephanie Box Note: Council Member Campos arrived at 11:47 a.m. 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 Present:9 - SECURITY BRIEFINGD. Assistant City Secretary Stephanie Box provided a security briefing. CITY MANAGER’S COMMENTS / UPDATE ON CITY OPERATIONS:E. 1.23-1677 FY 2023 Fourth Quarter Infrastructure Management Plan Update Director of Public Works/Street Operations Ernesto De La Garza presented information on the following topics: timeline for rapid pavement program (RPP); program highlights Page 1City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes (FY 22-old approach versus FY 23 new approach); RPP residential highlights; completed RPP projects; Blucher St.-District 1; Kinney St.-District 1; Austin St.-District 2; Citation Dr.-District 3; Hartack Circle-District 3; Bay Bean Dr. District 4; Bueno Vista Dr.-District 4; Las Palmas Dr.-District 4; Pepper Mill Dr.-District 5; Smokewood Dr.-District 5; and Sun Wood Dr.-District 5; FY 2022 and 2023 RPP update; and FY 2024 RPP update. Council Members, City Manager Zanoni, and Director De La Garza discussed the following topics: Council Members thanked staff for their efforts in getting streets repaired; whether there is a more efficient way of getting streets improved; the process of prioritizing streets; a Council Member's concern with underground utilities; the infrastructure design manual sets design standards for City streets; the importance of keeping the Infrastructure Management Plan (IMP) maps updated; and the City is working to fully staff two IMP crews, along with six private sector contractors to perform work on streets. 2.23-1697 2023 Walk to End Alzheimer’s on Saturday, November 11 City Manager Peter Zanoni announced the 2023 Walk to End Alzheimer's on Saturday, November 11 at Waters Edge Park at 9:00 a.m. 3.23-1715 Corpus Christi Police Athletic League Update Corpus Christi Police Officer Ronald Zirbes presented information about the Corpus Christi Police Athletic League (PAL). A Council Member and Officer Zirbes discussed the following topics: a Council Member's request for the success rate of this program and whether the crime prevention control funds can assist with this organization. PUBLIC COMMENTF. Mayor Guajardo opened public comment. Shawn Flanagan, 4218 Herndon St., expressed concern that certain adult books should not be available at public libraries. John Weber, 609 Naples St., expressed concern about the Public Information Act. Maggie Peacock, 1773 Ennis Joslin Rd., spoke in opposition to desalination. The following citizens spoke in support of Item 23, Barisi Village Development: Steve Gomez, 6630 Clarion Dr., John Hardie, 6709 Pharaoh Dr., Robert Furgason, 1334 Sandpiper Dr, Steve Moody, 6717 Pharaoh Dr., and Gail Sutton, 6806 Pharaoh Dr. Victoria Holland, 235 Ohio Ave., expressed concern that public libraries contain political advertisements and certain adult books. Page 2City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes John Hendricks, 622 Texas Ave., spoke about protecting city cemeteries. Joe Benavides, 410 Atlantic St., thanked the Mayor, City Council, and staff for their dedication to the City. BOARD & COMMITTEE APPOINTMENTS:G. 4.23-1728 Nueces County Appraisal District (2 vacancies) Mayor Guajardo referred to Item 4. Nueces County Appraisal District: Reappointed: Deven S. Bhakta (Place 3) and Gerardo "Jerry" Garcia (Place 4) EXPLANATION OF COUNCIL ACTION:H. CONSENT AGENDA:I. Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 9, 11, 14 and 17 were pulled for individual consideration. Council Member Barrera moved to approve the consent agenda with the exception of Items 9, 11, 14 and 17, seconded by Council Member Klein. The motion carried by the following vote: Aye: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 9 - Abstained:0 5.23-1734 Resolution appointing members for places 3 and 4 on the Board of Directors of the Nueces County Appraisal District. This Resolution was passed on the consent agenda. Enactment No: 033199 6.23-1735 Approval of the October 17, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. 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 Page 3City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes Center for Independent Living to provide services to persons with disabilities who are homeless. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033200 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. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033201 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). Mayor Guajardo referred to Item 9. Council Members and Director of Development Services Al Raymond discussed the following topic: a Council Member expressed concern about having a childcare facility in an industrial area. Council Member Roy moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos 8 - Nay:Council Member Pusley1 - Abstained:0 Enactment No: 033202 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.) This Ordinance was passed on second reading on the consent agenda. Enactment No: 033203 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 Page 4City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes 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 11. Council Members and Interim Corpus Christi Water Chief Operating Officer Drew Molly discussed the following topics: the Bureau of Reclamation has a document that addresses what they need to evaluate the feasibility study; and two grant opportunities are available. Mayor Guajardo opened public comment. John Weber, 609 Naples St., spoke in opposition to this contract. Council Member Barrera moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on second reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy 6 - Nay:Council Member Hernandez, Council Member Klein and Council Member Campos3 - Abstained:0 Enactment No: 033204 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. This Motion was passed on the consent agenda. Enactment No: M2023-161 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. This Motion was passed on the consent agenda. Enactment No: M2023-162 Page 5City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes 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. Mayor Guajardo referred to Item 14. Council Member Klein pulled this item to vote no. Council Member Pusley moved to approve the resolution, seconded by Council Member Barrera. This Resolution was passed and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy 7 - Nay:Council Member Klein and Council Member Campos2 - Abstained:0 Enactment No: 033205 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. This Ordinance was passed on first reading on the consent agenda. 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. This Ordinance was passed on first reading on the consent agenda. 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 Page 6City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes September 19, 2023 Mayor Guajardo referred to Item 17. A Council Member and Assistant City Manager Heather Hurlbert discussed the following topic: the purpose of this item is to approve the amended Project & Financing Plan and to amend the operating budget. Council Member Pusley moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 RECESS FOR LUNCHJ. Mayor Guajardo recessed the Council meeting for lunch at 1:26 p.m. Mayor Guajardo reconvened the meeting at 2:12 p.m. PUBLIC HEARINGS:K. 18.23-1541 Resolution authorizing the location of Calallen Police Substation at the West Guth Park, located in Council District 1. Mayor Guajardo referred to Item 18. Council Members, City Manager Peter Zanoni, and Director of Engineering Services Jeff Edmonds discussed the following topic: this is a good news item in that it represents the Northwest area of the City. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Hunter moved to approve the resolution, seconded by Council Member Roy. This Resolution was passed and approved with the following vote: Aye: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 9 - Abstained:0 Enactment No: 033206 Page 7City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes INDIVIDUAL CONSIDERATION ITEMS:L. 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) Mayor Guajardo referred to Item 19. 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 ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos 8 - Abstained:Council Member Klein1 - 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. Mayor Guajardo referred to Item 20. A Council Member and City Manager Peter Zanoni discussed the following topic: this item is consistent with the budget in the amount of $1,765,296 which is $80,000 less than the requested amount. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Page 8City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes Aye: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 9 - Abstained:0 Enactment No: M2023-163 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. Mayor Guajardo referred to Item 21. Director of Planning and Community Development Dan McGinn presented information on the following topics: infill housing fee waivers program; revised program guidelines; and zoning. Council Members, City Manager Zanoni, and Director McGinn discussed the following topics: a Council Member's request that these homes be available for anyone to rent; to consider incentives for first responders; and the goal of this program is for single family infill development. Mayor Guajardo opened public comment. CEO of Thanksgiving Homes and Corpus Christi Housing Authority, Gary Allsup, stated that Thanksgiving Homes has completed about 110 homes across the community with about 12 more under construction. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the resolution, seconded by Council Member Hernandez. Council Member Pusley moved to amend the resolution to remove Accessory Dwelling Units, remove that it has to be rented out by a Corpus Christi housing authority tenant, and include that a unit can't be used for short-term rental, seconded by Council Member Hunter and approved with the following vote: Mayor Guajardo, Council Members Barrera, Hernandez, Hunter, Klein, Pusley, Roy, Suckley voting "yes", and Council Member Campos voting "no". Council Member Pusley moved to approve the resolution as amended, seconded by Council Member Hernandez. This Resolution was passed as amended and approved with the following vote: Aye:Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein 8 - Page 9City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes Nay:Council Member Campos1 - Abstained:0 Enactment No: 033207 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. Mayor Guajardo referred to Item 22. Compliance Officer of Corpus Christi Regional Economic Development Corporation Randy Almaguer and Executive Director for Corpus Christi PATCH Cheryl Votzmeyer Rios presented information on the following topics: who we are; mission; the vision; Ritz updates; Ritz rehab team; OTJ work; secretary of interior's standards for the treatment of historic properties; and immediate funding needs. Council Members, Mr. Almaguer, and Ms. Votzmeyer Rios discussed the following topics: the $230,000 funding is for weatherproofing of the Ritz Theatre; the total project cost to restore the Ritz Theatre is approximately $25 million; and a request for more historical background of the Ritz. Mayor Guajardo opened public comment. Executive Director of Downtown Management District Alyssa Barrera Mason, spoke in support of the Ritz Theatre. Mayor Guajardo closed public comment. Mayor Guajardo moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: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 9 - Abstained:0 BRIEFINGS:M. 23.23-1755 Briefing on Developer Proposed Tax Increment Reinvestment Zone for the Barisi Village Development Mayor Guajardo referred to Item 23. Page 10City of Corpus Christi Printed on 11/6/2023 October 31, 2023City Council Meeting Minutes Assistant City Manager Heather Hurlbert presented information on the following topics: overview; proposed development; proposed phases; requested projects; phase 1; phase 2; phase 3; phase 4; phase 5; requested contributions; estimated captured values; and next steps. Council Members, City Manager Zanoni, Assistant City Manager Hurlbert, and Developers Jeff Blackard and Johnny Gonzalez discussed the following topics: this Tax Increment Reinvestment Zone (TIRZ) is developer initiated; TIRZ are created for economic development; more than one taxing entity participates in a TIRZ which lasts about 20 years; a Council Member's concern that portions of this project may cover part of a Native American burial ground; phase 3 may include condominiums; the City's contribution would be $44 million through the TIRZ; what will the economic impact be in ten years; and the City will not be responsible for any infrastructure for this development. EXECUTIVE SESSION: (NONE)N. ADJOURNMENTO. There being no further business, Mayor Guajardo adjourned this meeting at 4:24 p.m. Page 11City of Corpus Christi Printed on 11/6/2023 DATE: October 12, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager Heatherh3@cctexas.com (361) 826-3506 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: Approval of Tenth Amendment to the TIRZ #3 Project & Financing Plan, Appropriation of Funds from Fund Balance, and Amending the Operating Budget AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 31, 2023 Second Reading Ordinance for the City Council Meeting of November 14, 2023 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 & Financi ng 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 1 | P a g e Downtown Corpus Christi Tax Increment Reinvestment Zone #3 Project and Financing Plan City of Corpus Christi / Corpus Christi Downtown Management District 2 | P a g e Contents Introduction .................................................................................................................................................. 3 Criteria for Zone Creation ......................................................................................................................... 3 A Consistent Vision for Downtown ........................................................................................................... 3 Anticipated Zone Role in Downtown Improvements ............................................................................... 4 Project Plan ................................................................................................................................................... 4 Existing Uses and Conditions/Boundaries §311.01 (b) (1) ....................................................................... 4 SEA District - .......................................................................................................................................... 4 Uptown – ............................................................................................................................................... 5 Marina Arts District (Downtown Management District) – .................................................................... 5 South Downtown – ............................................................................................................................... 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 Financing Plan ............................................................................................................................................... 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 Methods of Financing. ........................................................................................................................ 11 Sources of 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 City of Corpus Christi / Corpus Christi Downtown Management District 3 | P a g e 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 City of Corpus Christi / Corpus Christi Downtown Management District 4 | P a g e 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 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 City of Corpus Christi / Corpus Christi Downtown Management District 5 | P a g e Whataburger Field American Bank Convention Center & Arena Harbor Playhouse Brewster Street Icehouse Concrete Street Amphitheater Railroad Seafood 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. City of Corpus Christi / Corpus Christi Downtown Management District 6 | P a g e 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. 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 Project Source Timeframe Cost Status as of 1/2023 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Pedestrian Improvements Bond 2012 2015-2016 $500,000 Done Chaparral Street Two Way Conversion Bond 2014 2015-2016 $9,000,000 Done 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 Stabilization Bond 2022 2023 $2,600,000 Pending Design Water Street Reimagined CIP & Future Bond Future Estimated to cost $20,000,000 Pending Design City of Corpus Christi / Corpus Christi Downtown Management District 7 | P a g e 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 City of Corpus Christi / Corpus Christi Downtown Management District 8 | P a g e 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 5. 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 façade, patio improvements, parklets, sidewalk and patio cafés, 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. City of Corpus Christi / Corpus Christi Downtown Management District 9 | P a g e 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 City of Corpus Christi / Corpus Christi Downtown Management District 10 | P a g e 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 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 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, City of Corpus Christi / Corpus Christi Downtown Management District 11 | P a g e 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 l 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. City of Corpus Christi / Corpus Christi Downtown Management District 12 | P a g e 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. 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. 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 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 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 2,343,848 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$ Sources of Revenue Year Tax RevenueIncrement Value City of Corpus Christi / Corpus Christi Downtown Management District 13 | P a g e Exhibit A – Boundaries & Land Use City of Corpus Christi / Corpus Christi Downtown Management District 14 | P a g e 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; City of Corpus Christi / Corpus Christi Downtown Management District 15 | P a g e 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 City of Corpus Christi / Corpus Christi Downtown Management District 16 | P a g e 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 – FY 2017 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 $30,000 of per unit development costs; added roofs as a qualifying category for Streetscape & Safety Program and added special use and pocket parks to Public Space, Right of Way and Streetscape Development. City of Corpus Christi / Corpus Christi Downtown Management District 17 | P a g e Exhibit D. Downtown Development Projects This will be updated when project plan is amended. Completed Projects Address Incentive TIRZ Meeting Performance Deadline Project Cost Incentive Value Incentive Paid Out The Chamberlain 807 N Upper Broadway Project Specific 9/17/19 3/31/21 11,000,000.00$ 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)401 S 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$ H20 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 817 N 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$ Cre8ive Culture (Tenant)423 William New Tenant 2/27/18 34,548.00$ 6,910$ 6,910$ Nueces Brewing (Tenant)401 S 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 Carwash 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$ H20 Market Trust - Oyster Bar 309 N Water Streetscape 9/23/19 1/31/20 21,964.00$ 10,000$ 10,000$ H20 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 - K Space 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 #2 209 N 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$ 1,205,952$ 10th Amendment to TIRZ #3 Project & Financing Plan November 14, 2023 1 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. New TIRZ #3 Program Proposal: Rooftop Activation Program •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, •shade structures, •rooftop accessibility (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. Maximum payout will be $500,000 annually per patio. In this program, TIRZ #3 will agree to reimburse an approved existing or new business’ rooftop patio improvements, as well as rooftop access. DATE: October 31, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager (361) 826-3506 Heatherh3@cctexas.com 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 AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of October 31, 2023 Second Reading Ordinance for the City Council Meeting of November 14, 2023 Type B Economic Development Grant for The Ritz Theatre 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 Page 1 of 1 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 1 Type B Business Incentive Agreement 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; 2 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. 3 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 61st 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 contr acts and supply agreements being paid to local contractors and suppliers. For the purposes of this section, the term “local” as used to describe manufactur ers, 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 off ice within a 50 mile radius of Nueces County. 4 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. 5 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 6 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. 7 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 Corpora tion, 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. 8 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 t o 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: 9 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 or judgment, 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, 10 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) 11 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 ___________________, 20 23, 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 12 Type B Business Incentive Agreement Exhibit A 13 Type B Business Incentive Agreement CORPUS CHRISTI brought to you by The Ritz Theatre Rehabilitation WHO WE ARE CCPATCH, a 501(c)3 non-profit organization, was founded in 2005 as a catalyst and hub for growing the arts in Corpus Christi, centered around restoring the historic Ritz Theatre. 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. MISSION THE RITZ THEATRE CREATIVE HUB ECONOMIC DRIVER Historic rehabilitation of The Ritz Theatre into a state-of-the-art entertainment and education center. Cultural enrichment, K-12 through adult programming, Artist Nurturing Program. Unique programming to attract tourism and increase income to the city. VISION RITZ UPDATES RECENT NOW THC awarded CCPATCH $230,000 in reimbursement funds for weatherproofing the Ritz OTJ Architects has been hired as the lead architect on the project NEXT STEPS Fundraising, weatherproofing, & master planning 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 RITZ REHAB TEAM OTJ WORK: PLAZA THEATRE, El Paso SECRETARY OF INTERIOR’S STANDARDS Compatible use for a property through repair, alterations, and additions while preserving those portions or features which convey its historical, cultural, or architectural values. Accurately depicting the form, features, and character of a property as it appeared at a particular period of time by means of the removal of features from other periods in its history and reconstruction of missing features from the restoration period. Limited and sensitive upgrading of MEP systems is allowed. FOR THE TREATMENT OF HISTORIC PROPERTIES PRESERVATION REHABILITATION RESTORATION RECONSTRUCTION Depicting, by means of new construction, the form, features, and detailing of a non-surviving site, landscape, building, structure, or object for the purpose of replicating its appearance at a specific period of time and in its historic location. Sustaining existing form, integrity, and materials of an historic property. Focuses on the ongoing maintenance and repair of historic materials and features rather than extensive replacement and new construction. New exterior additions not allowed. Limited and sensitive upgrading of MEP systems is allowed. Ability to restore elements back to 1929 appearance, while also making necessary modern updates, like adding elevators, offices, modern amenities, etc… The RITZ 501c3 A for-profit LLC RITZ 501c3 manages project and runs theatre operations LLC sells $2.3M tax credit to bank for 84 cents on the dollar or $1.6 M LLC sells $4.0M tax credit to bank for .50 cents on the dollar or $2.0M Federal Historic Tax Credit Allocation = $2.3M Federal New Markets Tax Credit Allocation = $4.0M ConveysWhat’s a Tax Credit? THC GRANT WORK Embedded steel repairs; patch and seal cracks in brick veneer; waterproofing exterior (must be completed by 3/31/2024) IMMEDIATE FUNDING NEEDS $230,000 MATCHING GRANT Texas Historical Commission - Harvey Grant - Time sensitive and must be completed and receipts submitted before 3/31/2024 FULL-TIME JOBS IN AREA EXPENDITURES LOCAL GOVERNMENT REVENUE 177+ $5.4M+ $500K+ ADDED TO HOUSEHOLD INCOMES$4.2M+ INCREASE PROPERTY VALUES & BRING TAX REVENUE TO CITY $ LOCAL IMPACTS INVALUABLE BENEFITS Statistics provided by the League of Historic American Theatres Summary Pro Forma CORPUS CHRISTI BROUGHT TO YOU BY Thank you for your consideration DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management charlesM2@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION Motion authorizing execution of two, one-year supply agreements, with two one-year options, with Arnold Oil Company, of Corpus Christi, for $300,000.00 and with Advance Stores Company, Incorporated, dba Advance Auto Parts, of Raleigh, North Carolina, for $200,000.00 in a combined amount not to exceed $500,000.00, and a potential amount of $1,500,000.00 if options are exercised, for original equipment manufacturer (OEM) Ford or equivalent parts for Asset Management – Fleet, with FY 2024 funding of $417,000.00 from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a one-year service agreement with two one-year option periods, with Arnold Oil Company, of Corpus Christi, for $300,000.00. Additionally, this motion authorizes a one-year service agreement with two one-year option periods, with Advance Stores Company, Incorporated dba Advance Auto Parts, of Raleigh, North Carolina, for $200,000.00 for Original Equipment Manufacturer (OEM) Ford Parts or Equivalent Parts for Fleet available to City departments. BACKGROUND AND FINDINGS: The purpose of this service agreement is for vehicle parts to repair the City’s Ford vehicles. These parts are essential and necessary 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. Original Equipment Manufacturer (OEM) Ford Parts or Equivalent Parts for Asset Management - Fleet AGENDA MEMORANDUM Action Item for the City Council Meeting of November 14, 2023 PROCUREMENT DETAIL: Finance-Procurement conducted a competitive Request for Bid (RFB) process to obtain bids for a new contract. The City received five responsive bids. The Request for Bid (RFB) indicated a primary and secondary award to provide for a backup contractor in the event the primary Contractor is unable to provide the service in a timely manner. Staff is recommending the award to the first and second lowest, responsive, responsible bidders, Arnold Oil Company as primary and Advance Stores Company, Incorporated dba Advance Auto Parts as secondary. ALTERNATIVES: The alternative would be not to secure a long-term supply agreement. However, the Asset Management Department would have to process individual purchases orders when repairs are needed. This would not be as productive. A long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY24 is $417,000.00, with the remaining cost of $1,083,000.00 funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity 40180 Parts Room Operations Department 13 Project # (CIP only) N/A Account: 520210 Cost of Goods Sold RECOMMENDATION: Staff recommends approval of this motion authorizing two, one-year supply agreements with Arnold Oil Company and Advance Stores Company, Incorporated dba Advance Auto Parts for OEM Ford Parts or Equivalent Parts for Fleet as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreements City of Corpus Christi Bid Tabulation Finance & Procurement RFB No. 5060 Buyer: Desirree Ortiz OEM Ford Parts or Equivalent Parts for Fleet Arnold Oil Company Advance Auto Parts XL Parts Sames Ford Access Ford Corpus Christi, TX Raleigh, North Carolina Corpus Christi, TX Corpus Christi, TX Corpus Christi, TX Item Description 1 Air Filter, Part #FA-1884 65%45%42%42% Air Filter - Equivalent of Part # 1 67.02% 2 Air Filter, Part # FA-1902 65%45%42%42% Air Filter - Equivalent of Part # 2 78.01% 3 Air Filter, Part #FA-1927 65%45%42%42% Air Filter - Equivalent of Part #3 67.01% 4 Air Filter, Part #FA-1796 45%42%42% 67.05% 5 Blower Motor, Part # MM852 50%45%42%42% Blower Motor - Equivalent of Part #5 55.00% 6 Cabin Air Filter, Part # FP-92 45%42%42% Cabin Air Filter - Equivalent of Part #6 67.01%65% 7 Front Pads, Part # BRF-1475 50%40%42%42% Front Pads - Equivalent of Part #7 58.34% 8 Fuel Filter, Part # FD-4625aa 65%45%42%42% Fuel Filter - Equivalent of Part #8 67.00% 9 Oil Filter, Part # FL-2124s 65%45%42%42% Oil Filter - Equivalent of Part #9 78.01% 10 Oil Filter, Part # FL-2016 65%45%42%42% Oil Filter - Equivalent of Part #10 78.02% 11 Rear Pads, Part# BRF-1383 50%40%42%42% Rear Pads - Equivalent of Part #11 58.34% 12 Front Pads, Part# BRF-1922 40%42%42% Front Pads - Equivalent of Part #12 58.34%50% 13 Rear Pads, Part# BRF-1903 50%40%42%42% Rear Pads - Equivalent of Part #13 58.33% 14 Stabilizer Bar Link, Part# MEF-350 45%42%42% Stabilizer Bar Link - Equivalent of Part #14 58.33%50% 15 Stabilizer Bar Link, Part# MeF-351 45%42%42% Stabilizer Bar Link - Equivalent of Part #15 58.33%50% 16 Oxygen Sensor Part# DY-1292 38.00%45%42%42% Oxygen Sensor - Equivalent of Part #16 50% 17 Oxygen Sensor Part# DY-1290 38.00%45%42%42% Oxygen Sensor - Equivalent of Part #17 50% 18 Control Arm Assembly, Part # MCF-2392 45%42%42% Control Arm Assembly -Equivalent of Part #18 55.88%50% 19 Control Arm Assembly, Part # MCF-2391 45%42%42% Control Arm Assembly - Equivalent of Part #19 55.88%50% 20 Spark Plug, Part #SP-546 45.00%50%45%42%42% Spark Plug - Equivalent of Part #20 Discount 60.3%56%44%42%42% OEM Ford Parts or Equivalent % Discount from Price List 65%Air Filter - Equivalent of Part #4 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 SUPPLY AGREEMENT NO. 4961 OEM Ford Parts or Equivalent Parts for Fleet THIS OEM Ford Parts or Equivalent Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Advance Stores Company, Incorporated dba Advance Auto Parts (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide OEM Ford Parts or Equivalent Parts for Fleet in response to Request for Bid No. 4961 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response 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 OEM Ford Parts or Equivalent Parts for Fleet 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. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $200,000.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 for goods delivered 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: Benjamin Sanchez Asset Management - Fleet Division 361-826-1959 BenjaminS@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid 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. 9. Quality/Quantity Adjustments. Any 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 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 products 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 providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers St., Bldg. 3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: 361-826-4394 IF TO CONTRACTOR: Advance Stores Company, Incorporated dba Advance Auto Parts Attn: Todd Sanders Title: SVP Professional Sales, Strategic Accounts Address: 4200 Six Forks Road, Raleigh, NC 27609 Phone: 919-909-6348 Fax: 919-301-4079 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 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1); then, D. the Contractor’s bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director of Finance – Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 4961 Exhibit 2: Contractor’s Bid Response Alternative part specifications attached. Page 1 of 17 Page 2 of 17 Page 3 of 17 Page 4 of 17 Page 5 of 17 Page 6 of 17 Page 7 of 17 Page 8 of 17 Page 9 of 17 Page 10 of 17 Page 11 of 17 Page 12 of 17 Page 13 of 17 Page 14 of 17 Page 15 of 17 Page 16 of 17 Page 17 of 17 Revised 11.30.20 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide OEM Ford parts or Equivalent Parts for the City’s Asset Management - Fleet as outlined in this Scope of Work. 1.2 Scope of Work A.The Contractor shall provide parts on an as needed basis. Parts may include but are not limited to: filters, brakes, control arms, shocks, engine parts, body parts, supplies, and other automotive parts. B.The Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. The cost of delivery shall be incorporated in the cost of the items under this contract. The Contractor shall not charge extra for delivery. C.The Contractor shall deliver parts between the hours of 8:00AM to 5:00PM. 1.The Contractor shall deliver in-stock parts by 5:00PM same business day if ordered by 2:00PM. 2.The Contractor shall deliver in-stock parts by 5:00PM next business day if ordered after 2:00PM. D.The Contractor shall provide bill of sale upon delivery. E.The Contractor must be located within forty miles of the City Garage City Service Center. ATTACHMENT C: INSURANCE REQUIREMENTS I.CONTRACTOR’S LIABILITY INSURANCE A.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3. Products/ Completed Operations 4.Contractual Liability 5. Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure Page 1 of 3 that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds required for this 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 Advance Auto Parts Limited Warranty Policy General Limited Warranty Period and Applicability The warranty period is 90 days from your date of purchase or any longer warranty period that may be printed on your original sales receipt. During the warranty period, we will replace or refund, at our option, any new part that fails due to a defect in m aterials or workmanship under normal use and service after proper installation. Simply return the part along with your original sales receipt to any Advance Auto Parts store. You must be the original purchaser of the part and still own the vehicle on which it was installed. This warranty is not transferrable. Replacement parts are warranted for 90 days from the date of exchange or the remainder of the warranty period on the original part, whichever is longer. Refunds will only be considered if you bring the defective part to an Advance Auto Parts store along with your original sales receipt within 45 days from the original date of purchase. Refunds will be issued in accordance with our Refund Policy. Battery Limited Warranty The battery Free Replacement Period begins the day of purchase and expir es at the end of the Free Replacement Period that is printed on your original sales receipt. This period does not renew when the battery is replaced during the Free Replacement Period. If the battery is found defective after the Free Replacement Period but prior to the end of the warranty period, a prorated credit will be issued that can be applied toward the purchase of a new battery. The prorated credit will be determined by dividing the original purchase price by the number of months of the warranty period, then multiplying the result by the months remaining in the warranty period. Partial months are rounded to the nearest whole month. Installation or use of an autom otive battery in any other type of vehicle or equipment voids your warranty. What is Not Covered Failure due to: accident or collision; misuse, abuse or modification; chemical fallout; salt, hail, or other environmental conditions including natural disasters; marine use; improper installation; installation of an incorrect part; and damages caused by other faulty parts. Parts under manufacturer's recall for a related problem. Parts installed on vehicles used off-road or for racing purposes. Parts installed on a commercial-use vehicle after 90 days (see below). Norm al wear and tear. Used or salvage parts. Commercial Use Vehicles Parts installed on commercial-use vehicles are warranted for 90 days from the date of purchase only, regardless of any longer warranty period that may be printed on your sales receipt. Part-Specific Requirements Certain parts must meet specific installation requirements. Failure to provide proof that these requirements have been met will void your warranty. A/C Compressors. Flushing is required. Must also install a new receiver dryer/accumulator, orifice tube or expansion valve (as applicable). Clutch/Clutch Kits. The clutch/clutch kit must be installed according to the manufacturer’s instructions, including installation of a new pilot bearing and resurfacing of the flywheel. Clutches contaminated by oil and grease are not eligible for warranty replacement/refund. Crankshafts. The installer must validate that the crankshaft OE number matches and there is no visible damage to the unit prior to installation. W arranty is limited to replacement of the crankshaft and bearings prior to installation. W arranted crankshafts that are returned must include the bearings supplied with the unit. Fuel Pumps. Replacement of pump strainer (for in-tank electric pumps) and inline fuel filter at time of repair is required. Must also drain and clean fuel tanks. ATTACHMENT D: WARRANTY REQUIREMENTS Page 1 of 2 Online Purchases Your local Advance Auto Parts store can assist with all warranty m atters for online purchases. If you do not have a store location near you, please contact 1-877-ADVANCE (238-2623) f or warranty assistance. Your online order confirmation is required to validate your proof of purchase for warranty coverage. Additional Important Information THIS LIMITED WARRANTY DOES NOT COVER LABOR COSTS OR INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS, BUT NOT LIMITED TO, PHYSICAL INJURIES OR PROPERTY DAMAGE, LOSS OF TIME, LOSS OF USE OF THE VEHICLE, INCONVENIENCE, RENTAL VEHICLE CHARGES, TOWING CHARGES OR ACCOMMODATIONS RESULTING FROM A DEFECT IN OR FAILURE OF THE PART. This limited warranty represents the exclusive remedy for any product defect or failure and the total liability of Advance Auto Parts and its subsidiaries and affiliates (“Advance”) for any part it warrants. ADVANCE MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, CONDITION OF ANY KIND OR FITNESS FOR A PARTICULAR PURPOSE. Some states do not allow disclaimers of implied warranties. Therefore all implied warranties that may apply to your part are limited to the duration of this written warranty. Som e states also do not allow limitations on how long an implied warranty lasts or the exclusion or limitation of incidental, special or consequential damages, so the above inform ation may not apply to you. This warranty gives you specific rights, and you may have other rights which vary from state to state. Advance does not authorize any person to vary the terms, conditions or exclusions of this warranty. If any provision of the warranty should become invalid or unenforceable because of any laws, the remaining terms and provisions of the warranty shall remain in full force and effect. To the extent allowed under local law, the remedies provided in this Limited Warranty Policy are the custom er’s sole and exclusive remedies. Advance Stores Company, Incorporated, P.O. Box 2710, Roanoke VA. 24001. Visit us on the web at www.advanceautoparts.com . Page 2 of 2 Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 SUPPLY AGREEMENT NO. 5060 OEM Ford Parts or Equivalent Parts for Fleet THIS OEM Ford Parts or Equivalent Parts for Fleet Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Arnold Oil Company (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide OEM Ford Parts or Equivalent Parts for Fleet in response to Request for Bid No. 5060 (“RFB”), which RFB includes the required scope of work and all specifications and which RFB and the Contractor’s bid response 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 OEM Ford Parts or Equivalent Parts for Fleet 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. “Goods,” “products”, and “supplies”, as used in this Agreement, refer to and have the same meaning. 2. Term. (A)The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B)At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3.Compensation and Payment. This Agreement is for an amount not to exceed $300,000.00, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 for goods delivered 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: Benjamin Sanchez Asset Management - Fleet Division 361-826-1959 BenjaminS@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 7.Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item’s bid 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. 9. Quality/Quantity Adjustments. Any 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 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 products 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 providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Benjamin Sanchez Title: Parts Foreman Address: 5352 Ayers St., Bldg. 3B, Corpus Christi, Texas 78415 Phone: 361-826-1959 Fax: 361-826-4394 IF TO CONTRACTOR: Arnold Oil Company Attn: Daryl Holliday Jr. Title: General Sales Manager Address: 5422 Ayers St., Corpus Christi, Texas 78415 Phone: 361-884-6621 Fax: 361-883-8977 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 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B)Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 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. DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Agreement (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 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. DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 7 of 7 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI _________________________________________________ Josh Chronley Assistant Director of Finance – Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB No. 5060 Exhibit 2: Contractor’s Bid Response Supply Agreement Standard Form Approved as to Legal Form October 29, 2021 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 10/20/2023 Jonathan Arnold VP Date: CJ /S ,�-3 CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 5060 OEM Ford Parts or equivalent for Fleet Authorized Bidder: 14rrold D, I �{JO.()y Signature:_-.,.__.-'7 / 1.Refer to "Instructions to Bi dders" and Contract Terms and completing bid. 2. Quote your best price for each item. 3.In submitting this bid, Bidder certifies that: a.the prices in this bid have been arrived at independe ntly, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b.Bidder is an Equal Opportunity Employer, and the Disclosure of Interest inform ation on file with City's Contracts and Procurement office, pursuant to the Code of Or dinances, is current and true. c.Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d.Bidder acknowledges receipt and review of all addenda for this RFB. e.Bidder requires OEM Ford Parts or equivalent parts. If the bidder wants to bid other than OEM Ford Parts, the bidder must provide the description of part, manufacturer/brand, and part number for comparison purposes. Bidder must provide copies of additional information for all equivalent parts and submit with bid.* Item Description OEM Ford Parts Equivalent Parts Percen•t Discount Percent Discount from List Price from List Price 1 Air Filter, Part #FA-1884 % Air Filter -Equivalent of Part #1 ft,7. D� % 2 Air Filter, Part# FA-1902 % Air Filter -Equivalent of Part # 2 ,<t.01 % 3 Air Filter, Part #FA-1927 % Air Filter -Equivalent of Part #3 In 1�D I % 4 Air Filter, Part #FA-1796 % Air Filter -Equi valent of Part #4 l(2_ 1,05 % Page 1 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 2 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 3 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 4 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 5 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 6 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 7 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Page 8 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 FINO A.N .IN.STA�.!cER PART#J.OOKUP SWITCHJO PRO HV� I BRAKE FINDER 2022 FORD POLICE ... Recommended for You I ,__ _____________ __,RAKE PADS FLEET, PURSUIT VEHICLES V 237 TOP COP CARBON-FIBER CERAMIC BRAKE PADS ✓ FITS YOUR 2022 FORD POLICE INTERCEPTOR UTILITY Part No. 237-2231 CHOOSE BRAKE POSITION ; L. Rear CHOOSE WHERE TO BUY We'll link you to this exact product on the retailer's site PowerStop Guarantee 60 Day Hassle-Free Returns I Industry Leading Warranty Change Vehicle Page 9 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 EVERYTHING YOU NEED IS IN THE BOX 237 Carbon-Fiber Ceramic Formula Designed for pursuit & Fleet Ve hicles Premium Stainless-Steel Shims Better heat dissipation & virtually noise-free braking Premium Stainless-Steel Hardware 237 TOP COP CARBON-FI BER GREAT FOR CERAMIC BRAKE PADS FleetVehicles PowerStop Z37 Top Cop carbon-fiber ceramic brake pads Pursuit Vehicles are designed as an upgrade over stock brakes to reduce brake dust & eliminate noise for pursuit and fleet vehicles. These brake pads are made with a low-dust ceramic formula, infused with carbon-fiber, to strengthen the compound and provide maximum brake efficiency on demanding fleet applications. Premium stainless-steel hardware, along with ceramic brake lubricant, is included with the 237 brake pads making it easier to complete your brake job. Use 237 Top Cop ceramic brake pads to give your pursuit or fleet vehicle maximum stopping power. 237 BRAKE PADS FEATURES & BENEFITS CHAMFERED & SLOTTED Chamfered and slotted design to ensure noise free braking. CARBON-FIBER CERAMIC Carbon-fiber reinforced ceramic formula for superior, fade-free braking power and cleaner wheels. PREMIUM HARDWARE Premium stainless-steel hardware and pin bushing kit for easy, problem-free installation. STAI Stain! dissi� Page 10 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 BRAKE FINDER 2022 FORD POLICE INTERCEPTOR ... Recommended for You I ,___ _____________ __.RAKE PADS FLEET, PURSUIT VEHICLES V 237 TOP COP CARBON-FIBER CERAMIC BRAKE PADS ✓ FITS YOUR 2022 FORD POLICE INTERCEPTOR UTILITY Part No. 237-2229 CHOOSE BRAKE POSITION _____ t Front CHOOSE WHERE TO BUY We'll link you to this exact product on the retailer's site 0 PowerStop Guarantee 60 Day Hassle-Free Returns I Industry Leading Warranty $WUCHJQ..PRQHUB C..hangeVehicle Page 11 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 EVERYTHING YOU NEED IS IN THE BOX 237 Carbon-Fiber Ceramic Formula Designed for pursuit & Fleet Vehicles Premium Stainless-Steel Shims Better heat dissipation & virtually noise-free braking Premium Stainless-Steel Hardware 237 TOP COP CARBON-FIBER GREAT FOR CERAMIC BRAKE PADS Fleet Vehicles PowerStop Z37 Top Cop carbon-fiber ceramic brake pads Pursuit Vehicles are designed as an upgrade over stock brakes to reduce brake dust & eliminate noise for pursuit and fleet vehicles. These brake pads are made with a low-dust ceramic formula, infused with carbon-fiber, to strengthen the compound and provide maximum brake efficiency on demanding fleet applications. Premium stainless-steel hardware, along with ceramic brake lubricant, is included with the Z37 brake pads making it easier to complete your brake job. Use Z37 Top Cop ceramic brake pads to give your pursuit or fleet vehicle maximum stopping power. 237 BRAKE PADS FEATURES & BENEFITS CHAMFERED & SLOT TED Chamfered and slotted design to ensure noise free braking. CARBON-FIBER CERAMIC Carbon-fiber reinforced ceramic formula for superior, fade-free braking power and cleaner wheels. PREMIUM HARDWARE Premium stainless-steel ha rdware and pin bushing kit for easy, problem-free installation. STAI Stainl dissi� Page 12 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 BRAKE FINDER I MATCH YOUR VEHICLE "237-1611" Home/ SEARCH Products (1) Need help decidingI Ask our Team of Brake Ex� FLEET, PURSUIT VEHICLES 237 TOP COP CARBON-FIBER CERAMIC BRAKE PADS Brake Upgrade for Fleet and Pursuit Vehicles FITS THESE VEHICLES 2013 M1:lich tour ilcffic!c 2013 FO �=�=��==· tors Page 13 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 2013 FORD FLEX Heavy....D.u!y Brakes -352mm Front Rotors; Vented Rear Rotors 2014 2 • • Parking� "'"""''-'-""'-'-"'=-'-"-'-'..__,,_,=�=-'-"'-'=· - -• gBrake 2015 20 ut -• otors 2015 -• ors ....,._.-"'-"'"-'-"'""'-'-'-'-'-"-''--"'-"="-'-'-'===· • • Brake ==-"'-"'"-'-"'""'-'-'-'-'-"-''--"'-"=�===· Vented Rear Rotors and Dr --rking Brake 2016 2016 D t - m Front Rotors;tors Page 14 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 2016 FORD FLEX Heavy .QlctY. Brakes -352mm Front Rotors; Vented Rear Rotors 20 • • Parking Brake 2016 LINCOLN M tors; Vented Rear Rotors and Drum-In-Hub Parking� 2017 s -352mm Front Rotors;_,_Ye=n=t "'-'-""""--'-== 2 y.JM -• s 2 • iper Parking Brake 2 • - - • rake 2018 2 • iP- -• ear Rotors 2018 FORD TAURUS SHO 2018 LIN · • P r • g� 2 • --Hub Parking Brake 2019 =���==ER�H�e-avy.JMY. B -nt Rotors; Vented Rear Rotors 20 Du -52mm Front Rotors; Vented Rear Rotors Page 15 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 2019 FORD POLICE INTERCEPTOR UTILITY 2019 LINCOLN MKT 352mm Front Rotors; Vented Rear Rotors and Cali�g.fu:ill PRODUCTS SUPPORT flrnke Finder F'owerSl:op Products F/\Qs VVhere to Buy Warranty & Rel urns Caiipsr Core Refund © 2023 POWERSTOP LLC PRIVACY DON'T SEE YOUR VEHICLE? Tell us what you drive. We make the right brakes for every vehicle. Match Vimr Vehicle �q� Check out our FAQs and How-Tos COMPANY INFO i\bc1ut Us CALL US (888) 863-4415 8am - 5pm Mon-Fri (CST) EMAIL CUSTOMER SERVICE General Product Questions EMAIL TECH SUPPORT Technical & Installation Questions Page 16 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 BRAKE FINDER E "237-1612" .Home I SEARCH Products Ill Need help decidingI Ask our Team of Brake Expe!'.12 (D. . 'iii II, FLEET, PURSUIT VEHICLES I MATCH YOUR VEHICLE 237 TOP COP CARBON-FIBER CERAMIC BRAKE PADS Brake Upgrade for Fleet and Pursuit Vehicles FITS THESE VEHICLES 2013 2 -'-'-"-'""""-'-""'!Lil.>'-'-"-'-'< Page 17 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 2013 FuRD FLEX Heavy ..!2u.!Y. Brakes -352mm Front Rotors; Vented Rear Rotors 2014 2015 2 -• ar Rotors 2016 2016 FORD EXPLORER Heavy..P!tly Brakes -352mm Front Rotors; Vented Rear Rotors 2016 -• ors 2017 2017 FORD EXPLORER Heavy Duty Brakes -352mm Front Rotors; Vented Rear Rotors Page 18 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 2017 FORD TAURUS Police Eq!J.ipped -352mm Front Rotors; Vented Rear Rotors 2017 FORD TAURUS SHO 2018 2018 FORD POLICE INTERCEPTOR SEDAN 2019 PRODUCTS SUPPORT FM.ls Warranty & Re1 urns DON'T SEE YOUR VEHICLE? Tell us what you drive. We make the right brakes for every vehicle. Match Your Vehicle �!!efilirutl Check out our FAQs and How-Tos COMPANY INFO CALL US (888) 863-4415 8am -5pm Mon-Fri (CST) EMAIL CUSTOMER SERVICE General Product Questions EMAIL TECH SUPPORT Technical & Installation Questions Page 19 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:12 PM Part Number: UPC Number: Style: Service: Type: Media: Length: Width: Height: Number No Gaskets found .. Principle Application: Product Specifications 46935 765809469358 Air Filter Panel Air Enhanced Cellulose 12.046 6.713 1.795 Gasket Diameters O.D.I.D. Principle Application: (306)* (171)* (46)* )* denotes metric Thk. Various Ford, Lincoln, Mazda (07-19) All Applications Part Details i=or reference only. There are no express or implied warranties with respect to products selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part= 129785 Best viewed in Chrome, Firefox, IE9 and above Part Number: 46935 360 <::;:: Page 20 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:12 PM Part Applications List Make Model Year Engine ■FORD EDGE 2012 -2014 L4 2.0L 1999cc 122 CID ■FORD EDGE 2007 -2012 V6 3.SL 213 CID ■FORD EDGE 2013 -2014 V6 3.SL 3496cc 213 CID ■FORD EDGE 2011 -2014 V6 3.7l 3726cc 227 CID ■FORD EXPLORER 2011 -2015 L4 2.0L 1999cc 122 CID ■FORD EXPLORER 2017 -2019 L4 2.3L 140 CID ■FORD EXPLORER 2016 -2023 L4 2.3L 2300CC 140CID EcoBoost ■FORD EXPLORER 2020 -2023 V6 3.0L 3000CC 183CID ■FORD EXPLORER 2011 -2011 V6 3.SL 213 CID ■FORD EXPLORER 2012 -2019 V6 3.SL 3496cc 213 CID ■FORD EXPLORER 2011 -2011 V8 4.6L 281 CID ■FORD EXPLORER SPORT 2017 -2019 V6 3.SL 3496cc 213 CID ■FORD FLEX 2009 -2019 V6 3.SL 3496cc 213 CID ■FORD FUSION 2010 -2012 V6 3.SL 213 CID ■FORD POLICE INTERCEPTOR SEDAN 2014 -2016 L4 2.0L 122 CID ■FORD POLICE INTERCEPTOR SEDAN 2013 -2019 V6 3.SL 3496cc 213 CID ■FORD POLICE INTERCEPTOR SEDAN 2016 -2016 V6 3.Sl 3496CC 213CID HYBRID ■FORD POLICE INTERCEPTOR SEDAN 2013 -2019 V6 3.7L 3726cc 227 CID ■FORD POLICE INTERCEPTOR SEDAN 2016 -2016 V6 3. 7L 3726cc 227 CID TiVCT ■FORD POLICE INTERCEPTOR UTILITY 2016 -2016 V6 227 3.7L TiVCT •FORD POLICE INTERCEPTOR UTILITY 2020 -2023 V6 3.0L 3000CC 183CID •FORD POLICE INTERCEPTOR UTILITY 2015 -2019 V6 3.SL 3496cc 213 CID •FORD POLICE INTERCEPTOR UTILITY 2013 -2013 V6 3. 7L 227 CID ■FORD POLICE INTERCEPTOR UTILITY 2013 -2019 V6 3.7L 3726cc 227 CID ■FORD Special Service Police Sedan 2017 -2020 L4 2.0L 122 CID ■FORD TAURUS 2013 -2019 L4 2.0L 1999cc 122 CID ■FORD TAURUS 2008 -2019 V6 3.SL 213 CID ■FORD TAURUS 2010 -2018 V6 3.SL 3496cc 213 CID https://www.wixfilters.com/Lookup/PartApplications.aspx?Part=46935 Page 21 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:12 PM Part Applications List ■ FORD TAURUS POLICE SEDAN 2016 -2016 L4 2.0L 122 CID ■ FORD TAURUS POLICE SEDAN 2018 -2019 V6 3.7L 3726CC 227CID ■ FORD TAURUS X 2008 -2009 V6 3.SL 213 CID ■ LINCOLN AVIATOR 2020 -2023 V6 3.0L 3000CC 183CID ■ LINCOLN MKS 2010 -2016 V6 3.SL 3496cc 213 CID ■ LINCOLN MKS 2009 -2016 V6 3. 7L 3726cc 227 CID ■ LINCOLN MKT 2013 -2018 L4 2.0L 1999cc 122 CID ■ LINCOLN MKT 2010 -2019 V6 3.SL 3496cc 213 CID ■ LINCOLN MKT 2010 -2019 V6 3.7L 3726cc 227 CID ■LINCOLN MKX 2007 -2010 V6 3.SL 213 CID ■LINCOLN MKX 2011 -2015 V6 3.7L 3726cc 227 CID ■ LINCOLN MKZ 2007 -2012 V6 3.SL 213 CID ■ MAZDA 6 2009 -2013 V6 3. 7L 3726cc 227 CID ■ MAZDA CX-9 2007 -2007 V6 3.SL 3500cc ■ MAZDA CX-9 2008 -2015 V6 3. 7L 3726cc 227 CID ■ MERCURY SABLE 2008 -2009 V6 3.SL 213 CID Close Window https://www.wixfilters.com/Lookup/PartApplications.aspx?Part=46935 Page 22 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:15 PM Part Number: UPC Number: Style: Service: Type: Media: Length: Width: Height: Number Instructions Product Specifications 49902 765809499027 Air Filter Panel Air Enhanced Cellulose 14.079 6.758 4.123 Gasket Diameters O.D.I.D. (358)* (172)* (105)* ( )* denotes metric Thk. No Gaskets found .. Principle Application: Principle Application: Ford Super Duty PU w/ 6.7L diesel (11-21) -Panel Air Filter used w/ Foam Filter WA10139 -For Flame Retardant Version use 49902FR (and remove foam pre-filter) All Am�lications Part Details Images For reference only. There are no express or implied warranties with respect to p oducts selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part=17 44411 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: 49902 Page 23 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:15 PM Make ■BLUE BIRD BUSES ■FORD ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS Model VISION PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) F450 SUPER DUTY F53 STRIPPED CHASSIS FSS0 SUPER DUTY F59 STRIPPED CHASSIS F650 F650 F650 F650 F650 F650 F650 F750 F750 F750 F750 F750 F750 Part Applications List Year 2019 2024 2011 -2016 2011 -2016 2022 -2022 2011 -2016 2022 -2022 2016 -2019 2022 -2022 2023 -2023 2019 -2024 2016 2019 2023 -2023 2018 -2022 2019 -2019 2017 -2019 2016 -2016 2018 -2024 2017 2018 2021 -2021 Close Window https://www.wixfilters.com/Lookup/PartApplications.aspx?Part=49902 Engine Vl0 6.SL 6800CC 415CID vs 6. 7L 6651cc 406 CID V8 6.7L 6651CC 406CID V8 7 .3L 7300CC 445CID VS 6.7L 6651CC 406CID VS 7 .3L 7300CC 445CID VlO 6.8L 6800CC 415CID V8 7.3L 7300CC 445CID HP 350 Mfr Ford) VS 6.7L 6651CC 406CID VS 6. 7L 6700CC 409CID VS 7 .3L CID Turbo Diesel VS 7.3L 7300CC 445CID VS 7L 6651CC 406CID (Turbo Charged Diesel Ford) L6 6.7L 6700CC 409CID VlO 6.Sl 6800CC 415CID VS 6.7L 6651CC 406CID V8 6. 7L 6700CC 409CID VS 7.3L CID Turbo Diesel V8 7 .3L 7300CC 445CID Page 24 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:17 PM Part Number: UPC Number: Style: Service: Type: Media: Height: Technical Bulletins Instructions Product Specifications WA10679 765809346291 Air Filter Air Cellulose 9.53 (242)* Outer Diameter Top: 11.625 {295)* Outer Diameter Bottom: inside Diameter Top: Inside Diameter Bottom: Number No Gaskets found .. 6.625 Closed: 3.774 Gasket Diameters O.D.I.D. Principle Application: (168)* (96)* ( )* denotes metric Thk. Principle Application: Ford F Series Super Duty w/ 6.7L Turbo Diesel (17-19) Made with Flame Retardant Media All AP-Qlications Part Details Images For reference only. There are no express or implied warranties with respect to products selected by size, feature or cross reference. Warranties only apply to Close Window https:l/www.wixfilters.com/Lookup/PartDetails.aspx?Part=2164708 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: WA10679 Page 25 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:16 PM Make ■FORD ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS Model PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) E450 SUPER DUTY F450 SUPER DUTY F450 SUPER DUTY FSS0 SUPER DUTY F550 SUPER DUTY F650 Part Applications List Close Window https:f/www.wixfilters.com/Lookup/PartApplications.aspx?Part=WA 10679 Year Engine 2017 -2019 V8 6.7L 6651cc 406 CID 2017 -2017 Vl0 6.8L 6800CC 415CID 2017 -2017 VS 6. 7L 6700CC 409CID 2017-2019 V8 7.3L CID Turbo Diesel 2019 -2019 VS 6. 7L 6700CC 409CID 2017 -2019 VS 7.3L CID Turbo Diesel 2017 -2017 VS 6. 7L 6700CC 409CID Page 26 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:22 PM Part Number: UPC Number: Style: Service: Type: Media: Length: Width: Height: Number No Gaskets found .. Principle Application: Technical Bulletins Instructions Product Specifications WP10266 765809307032 Cabin Air Panel Cabin Air Particulate 10.236 8.071 1.575 Gasket Diameters O.D.I.D. Principle Application: (260)* (205)* (40)* )* denotes metric Thk. Various Ford Trucks (15-23) -particulate version -for carbon version, use WP10653 All ARJJlications Part Details Images For reference only. There are no express or implied warranties with respect to products selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part=2112342 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: WP10266 Iii Page 27 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:22 PM Part Applications List Make Model Year Engine ■BLUE BIRD BUSES VISION 2022 -2024 V8 7.3L 7292CC 445CID ■FORD EXPEDITION 2018 -2024 V6 3.5L 3496cc 213 CID ■FORD F-150 Lightning 2023 -2024 ELECTRIC ■FORD PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) 2017 -2019 VlO 6.8L 415 CID ■FORD PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) 2017 -2023 V8 6.2L 6210cc 379 CID ■FORD PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) 2017 2023 V8 6.7L 6651cc 406 CID ■FORD PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) 2020 -2023 VS 7 .3L 7300CC 445CID ■FORD PICKUP F150 ALL 2015 -2023 V6 2.7L 164 CID •FORD PICKUP F150 ALL 2018 -2023 V6 3.0L 3000CC 183CID(Turbo Diesel HP250 Ford ) ■FORD PICKUP F150 ALL 2018 -2023 V6 3.3L 3343CC 204CID ■FORD PICKUP F150 ALL 2016 2017 V6 3.SL 3496CC ■FORD PICKUP F150 ALL 2015 - 2017 V6 3.SL 3496cc 213 CID ■FORD PICKUP F150 ALL 2018 -2023 V6 3.SL 3496CC 213CID ■FORD PICKUP F150 ALL 2023 -2023 V6 3.SL 3496CC 213CID -HYBRID ■FORD PICKUP F150 ALL 2015 -2015 VS 5.0L 4951cc 302 CID ■FORD PICKUP FlSO ALL 2018 -2023 VS 5.0L 4951CC 302CID ■FORD PICKUP F150 ALL 2016 -2017 V8 5.0L SOOOCC 302CID ■FORD TRUCKS E450 SUPER DUTY 2017 2017 V10 6.8L 6800CC 415CID ■FORD TRUCKS E450 SUPER DUTY 2021 2023 VS 7.3L 7300CC 445CID ■FORD TRUCKS F-600 Super Duty 2020 -2022 VS 6.7L 6651CC 406CID ■FORD TRUCKS F-600 Super Duty 2020 -2023 VS 7.3L 7300CC 445CID ■FORD TRUCKS F450 SUPER DUTY 2018 -2019 V10 6.8L 6800CC 415CID ■FORD TRUCKS F450 SUPER DUTY 2020 -2023 VS 6.7L 6651CC 406CID ■FORD TRUCKS F450 SUPER DUTY 2017 -2017 VS 6. 7L 6700CC 409CID ■FORD TRUCKS F450 SUPER DUTY 2019 -2019 V8 7.3L CID Turbo Diesel ■FORD TRUCKS F450 SUPER DUTY 2022 -2022 V8 7.3L 7292CC 445CID (Naturally Aspirated Gas) ■FORD TRUCKS F53 STRIPPED CHASSIS 2021 -2022 V8 7.3L 7300CC 44SCID -FORD TRUCKS FSSO SUPER DUTY 2017 -2019 V10 6.8L 6800CC 415CID https://www.wixfilters.com/Lookup/Par1Applications.aspx?Part=WP10266 Page 28 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:22 PM Part Applications List ■ FORD TRUCKS FSS0 SUPER DUTY -2023 V8 6. 7L 6651CC 406CID ■ FORD TRUCKS FSS0 SUPER DUTY 2019 -2020 V8 6.7L 6700CC 409CID ■ FORD TRUCKS FSS0 SUPER DUTY 2018 -2023 VB 7 .3L CID Turbo Diesel ■ FORD TRUCKS FSS0 SUPER DUTY 2020 -2020 VB 7.3L 7300CC 445CID ■ FORD TRUCKS F59 STRIPPED CHASSIS 2020 2022 V8 7.3L 7300CC 445CID ■ FORD TRUCKS F600 2020 -2022 VB 6.7L 6700CC 409CID ■ FORD TRUCKS F650 2022 -2022 VB 7 .3L 7300CC 445CID HP 350 Mfr Ford ) ■ FORD TRUCKS F650 2017 -2017 V8 6.7L 6700CC 409CID ■ FORD TRUCKS F750 2019 -2019 L6 6.7L 6700CC 409CID ■ FORD TRUCKS F750 2022 -2022 VS 7 .3L 7300CC 445CID ■ LINCOLN NAVIGATOR 2018 2024 V6 3.5L 3496cc 213 CID Close Window https://www.wixfilters.com/Lookup/PartApplications.aspx?Part=WP10266 Page 29 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:30 PM Part Number: UPC Number: Style: Service: Type: Media: Length: Width: Height: Inlet: Outlet: Vapor: Number Packed Principle Application: Technical Bulletins Instructions Product Specifications WF10458 765809353923 Fuel Kit Fuel 8.07 6.88 1.378 1/2 1/2 5/16 Gasket Diameters o.o. 0.0 ()* I.D. 0.0 ()* Principle Application: (205)* (175)* (35)* ( )* denotes metric Thk. 0.0 ()* Ford Super Duty Trucks w/ 6.7L Turbo Diesel (17-22) -kit of 2 different filters (in-line & panel style) and gasket All AP-P-lications Part Details Images For reference only. There are no express or implied warranties with respect to rroducts selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part=216837 4 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: WF10458 Page 30 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:30 PM Make ■FORD ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■ FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS Model PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) F-600 Super Duty F450 SUPER DUTY F450 SUPER DUTY F450 SUPER DUTY F450 SUPER DUTY FSS0 SUPER DUTY FSS0 SUPER DUTY FSS0 SUPER DUTY F600 F650 F750 https://www.wix:filters.com/Lookup/PartApplications.aspx?Part=WF10458 Part Applications List Year 2017 -2023 2020 -2023 2020 -2023 2017 2017 2017 -2019 2022 -2022 -2023 2019 -2020 2017 -2023 2020 -2022 2017 -2024 2021 -2024 Close Window Engine VS 6.7L 6651cc 406 CID VS 6.7L 6651CC 406CID VS 6.7L 6651CC 406CID VS 6. 7L 6700CC 409CID VS 7.3L CID Turbo Diesel VS 7.3L 7292CC 445CID (Naturally Aspirated Gas) VS 6. 7L 6651CC 406CID VS 6.7L 6700CC 409CID VS 7 .3L CID Turbo Diesel VS 6.7L 6700CC 409CID VS 6. 7L 6700CC 409CID VS 6. 7L 6700CC 409CID Page 31 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:19 PM Part Number: UPC Number: Style: Service: Type: Media: Length: Width: Height: C�: J Number No Gaskets found .. Principle Application: Technical Bulletins Instructions Product Specifications 46035 765809460355 Air Filter Panel Air Enhanced Cellulose 12.783 7.64 1.65 210 Gasket Diameters O.D.I.D. Principle Application: (325)* (194)* (42)* ( )* denotes metric Thk. GM Family of Cars (97-05) All AP-.P-lications Part Details Images For reference only. There are no express or implied warranties with respect to products selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part=104526 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: 46035 360 c;;:-- Page 32 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:19 PM Part Applications List Make Model Year Engine ■CHEVROLET CLASSIC 2004 -2005 L4 2.2L 2198cc 134 CID ■CHEVROLET MALIBU 2004 -2005 L4 2.2L 134 CID ■CHEVROLET MALIBU 1997 -1999 L4 2.4L 146 CID ■CHEVROLET MALIBU 2000 2002 L4 2.4L 2392cc 146 CID ■CHEVROLET MALIBU 1997 -2003 V6 3.ll 189 CID ■OLDSMOBILE ALERO 2002 -2004 L4 2.2L 134 CID •OLDSMOBILE ALERO 1999 -2001 L4 2.4L 146 CID ■OLDSMOBILE ALERO 1999 -2004 V6 3.4L 207 CID •OLDSMOBILE CUTLASS 1997 -1999 V6 3.1L 189 CID ■PONTIAC GRAND AM 2002 2005 l4 2.2L 134 CID ■PONTIAC GRAND AM 1999 -2001 L4 2.4L 145 CID ■PONTIAC GRAND AM 1999 -2005 V6 3.4L 207 CID Close Window https://www.wixfilters.com/Lookup/PartApplications.aspx?Part=46035 Page 33 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:31 PM Technical Bulletins Instructions Product Specifications Part Number: UPC Number: Style: Service: Type: Media: Height: Outer Diameter Top: Outer Diameter Bottom: Thread Size: By-Pass Valve Setting-PSI: Anti-Drain Back Valve: Beta Ratio: Burst Pressure-PSI: Nominal Micron Rating: O.D. 57151 765809571518 Spin-On lube Filter lube Full Flow Microglass 6.932 3.69 Closed: 1-16 13 Yes 2/20/75=3/12/17 312 5 (176 )* (94)* ( )* denotes metric Gasket Diameters I.D.Thk. Number Attached 2.81 (71)* 2.466 (63)* 0.324 (8)* Principle Application: Principle Application: Ford F-Series Super Duty PU w/ 6.7L diesel, 7.3L (11-23) All AR.Rlications Images Part Details Where To Buy Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: 57151 360 c;;;;:- For reference only. There are no express or implied warranties with respect to r,roducts selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part= 17 44404 Page 34 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:32 PM Make ■FORD ■FORD ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■ FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS Model PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) F-600 Super Duty F450 SUPER DUTY F450 SUPER DUTY F450 SUPER DUTY F450 SUPER DUTY FSSO SUPER DUTY FSS0 SUPER DUTY F550 SUPER DUTY F600 F650 F650 F650 F650 F650 F750 F750 F750 F750 https:/lwww.wixfilters.com/Lookup/PartApplications.aspx?Part=57151 Part Applications List Year 2011 - 2023 2012 -2012 2021 -2023 2011 -2023 2017 2017 2017 -2019 2022 -2022 -2023 2019 -2020 2017 -2023 2020 -2022 2023 -2023 2017 2024 2016 -2019 2023 -2023 2018 2022 2019 -2019 2016 -2016 2017 -2024 2017 -2023 Close Window Engine V8 6. 7L 6651cc 406 CID V8 6.7L 6700cc V8 6. 7L 6651CC 406CID V8 6. 7L 6651CC 406CID V8 6. 7L 6700CC 409CID V8 7 .3L CID Turbo Diesel VS 7 .3L 7292CC 445CID (Naturally Aspirated Gas) VB 6. 7L 6651CC 406CID VS 6. 7L 6700CC 409CID VS 7.3L CID Turbo Diesel V8 6. 7L 6700CC 409CID VS 6. 7L 6651CC 406CID V8 6. 7L 6700CC 409CID V8 7.3L CID Turbo Diesel VS 7.3L 7300CC 445CID V8 7L 6651CC 406CID (Turbo Charged Diesel Ford) L6 6. 7L 6700CC 409CID VS 6.7L 6651CC 406CID VS 6.7L 6700CC 409CID VS 7.3L CID Turbo Diesel Page 35 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:32 PM Part Number: UPC Number: Style: Service: Type: Media: Height: Instructions Product Specifications 57311 765809573116 Cartridge Lube Metal Canister Filter Luiie Full Flow Enhanced Cellulose 7.032 Images Outer Diameter: 3.265 (179)* (83)* Inside Diameter Top: Closed: Inside Diameter Bottom: 1.5 17 (38)* Nominal Micron Rating: Number Packed Principle Application: Gasket Diameters O.D. 0 ()* I.D. 0 ()* Principle Application: ( )* denotes metric Thk. 0 ()* Ford F-Series Super Duty w/ 6.0L diesel (03-04), IHC trucks, buses -no attached lid -only to be used with oil filter housings that contain the short, non-spring loaded post (if the post is a longer and spring-loaded, use either 57312 for truck models or WL10111 for vans) All Ag_plications Part Details For reference only. There are no express or implied warranties with respect to products selected by size, feature or cross reference. Warranties only apply to Close Window https://www.wixfilters.com/Lookup/PartDetails.aspx?Part=1657663 Videos Best viewed in Chrome, Firefox, IE9 and above Part Number: 57311 360 c:;;:--- Page 36 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 9/5/23, 5:32 PM Make ■FORD ■FORD ■FORD ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■FORD TRUCKS ■IC BUSES ■IC BUSES ■IHC/NAVISTAR ■IHC/NAVISTAR TRUCKS ■IHC/NAVISTAR TRUCKS ■IHC/NAVISTAR TRUCKS ■IHC/NAVISTAR TRUCKS ■IHC/NAVISTAR TRUCKS Model EXCURSION PICKUP F-SERIES SUPER DUTY (UP TO 550 SERIES) VS 363 (6.0L) POWERSTROKE F450 SUPER DUTY F550 SUPER DUTY F650 F750 BE SERIES (PB405) CE SERIES (PBl0S) VT365 (6.0L DIESEL) 1000 SERIES 3000 SERIES 3000 SERIES 4000 SERIES TERRASTAR Part Applications List Year 2003 -2003 2003 -2004 2003 -2004 2003 -2004 2003 -2008 2004 -2008 2005 -2008 2005 -2008 2004 -2007 2002 -2010 2008 -2009 2002 -2008 2016 -2016 Close Window https://www. wixfilters.corn/L ookup/PartApplications.aspx?Part=57311 Engine VS 6.0L 364 CID VS 6.0L 364 CID V8 6.0L 364 CID Powerstroke Turbo Diesel VS 6.0L 364 CID Powerstroke Turbo Diesel V8 6.0L 364 CID Powerstroke Turbo Diesel V8 6.0L 364 CID Powerstroke Turbo Diesel V8 6.0L 365 CID IHC Turbo Diesel VT365 VS 6.0L 365 CID IHC Turbo Diesel VT365 V8 6.0L 365 CID VS 6.0L 365 CID VS 6.4L 389 CID V8 6.0L 365 CID V8 6.4L 389 CID Page 37 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 ,. I' .......... )'. ... 700099 TYC Blower Assembly •Each TYC Blower Assembly is balanced and powered on before shipping out to ensure outstanding performance. •OE-like harness for hassle-free installation and mounting provisions for precise drop-in fitment. •Rigorous and accelerated cycling tests to establish product quality and durability. Current (amps): Buyers Guide Detail Make Ford Ford Ford Ford Ford Ford Ford Ford Ford Model Excursion Excursion Excursion Excursion F-250 Super Duty : F-250 Super Duty F-250 Super Duty F-2S0 Super Duty F-250 Super Duty 19.SA Voltage: Qualifiers •Position: Front •XLS •Sport Utility •Position: Front •Limited •Sport Utility •Position: Front •Eddie Bauer •Sport Utility •Position: Front •XLT •Sport Utility •Position: Front •Harley-Davidson Edition •Crew Cab Pickup •Position: Front •XL •Crew Cab Pickup •Position: Front •XLT •Crew Cab Pickup •Position: Front •Lariat •Extended Cab Pickup •Position: Front •XL I 13.SV Year 2004-2005 2000-2005 2003-2005 2000-2005 2004-2007 1999-2007 1999-2007 1999-2007 1999-2007 Page 38 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Make Model Qualifiers Year Ford F-250 Super Duty •Position: Front 1999-2007 •XLT•Extended Cab Pickup Ford F-250 Super Duty •Position: Front 1999-2007 •XL•Standard Cab Pickup Ford F-250 Super Duty •Position: Front 1999-2007 •XLT•Standard Cab Pickup Ford F-250 Super Duty •Position: Front 1999-2007 •Lariat •Crew Cab Pickup Ford F-250 Super Duty •Position: Front 2004-2007 •King Ranch•Crew Cab Pickup Ford F-250 Super Duty •Position: Front 2004 •Harley-Davidson Edition•Extended Cab Pickup Ford F-250 Super Duty •Position: Front 1999-2000 •Lariat •Standard Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •Lariat •Crew Cab Pickup Ford F-350 Super Duty •Position: Front 2003-2007 •King Ranch•Crew Cab Pickup Ford F-350 Super Duty •Position: Front 2004-2007 •Harley-Davidson Edition•Crew Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XLT•Cab & Chassis Ford F-350 Super Duty •Position: Front 1999-2007 •XL•Cab & Chassis Ford F-350 Super Duty •Position: Front 1999-2007 •Lariat•Cab & Chassis Ford F-350 Super Duty •Position: Front 1999-2007 •XLT•Standard Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XL•Standard Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XLT•Extended Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XL•Extended Cab Pickup Ur1-,,:e:·1 l"Jy \!'JH! :.i(/ti\"icrrh_ rerrn::-, Cf U:.,r:-Page 39 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Make Model Qualifiers Year Ford F-350 Super Duty •Position: Front 1999-2007 •Lariat•Extended Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XLT•Crew Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2007 •XL•Crew Cab Pickup Ford F-350 Super Duty •Position: Front 2004 •Harley-Davidson Edition•Extended Cab Pickup Ford F-350 Super Duty •Position: Front 1999-2000 •Lariat•Standard Cab Pickup Ford F-450 Super Duty •Position: Front 1999-2007 •XLT•Cab & Chassis -Crew Cab Ford 'F-450 Super Duty •Position: Front 1999-2007 •XL•Cab & Chassis -Crew Cab Ford F-450 Super Duty •Position: Front 1999-2007 •Lariat•Cab & Chassis -Crew Cab Ford F-450 Super Duty •Position: Front 1999-2007 •Lariat•Cab & Chassis - Conventional Ford F-450 Super Duty •Position: Front 1999-2007 •XL•Cab & Chassis -Conventional Ford F-450 Super Duty •Position: Front 1999-2007 •XLT•Cab & Chassis - Conventional Ford F-450 Super Duty •Position: Front 2002-2007 •XLT•Cab & Chassis -Extended Cab Ford F-450 Super Duty •Position: Front 2002-2007 •XL•Cab & Chassis -Extended Cab Ford F-450 Super Duty •Position: Front 2002-2007 •Lariat•Cab & Chassis -Extended Cab Ford F-550 Super Duty •Position: Front 2002-2007 •XLT•Cab & Chassis -Extended Cab Ford F-SS0 Super Duty •Position: Front 2002-2007 •XL•Cab & Chassis -Extended Cab Ford F-550 Super Duty •Position: Front 2002-2007 •Lariat•Cab & Chassis -Extended Cab•:�C ata!nq Di ivei l L;y V\!H f \(J!L1tiz);·\:;_ T<-:ttP.'.� Uf (.J'.,e Page 40 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Make Model Qualifiers Year Ford F-550 Super Duty •Position: Front 1999-2007 •XLT •Cab & Chassis -Crew Cab Ford F-550 Super Duty •Position: Front 1999-2007 •XL •Cab & Chassis -Crew Cab Ford F-550 Super Duty •Position: Front 1999-2007 •Lariat •Cab & Chassis -Crew Cab Ford F-550 Super Duty •Position: Front 1999-2007 •XLT •Cab & Chassis -Conventional Ford F-550 Super Duty •Position: Front 1999-2007 •XL •Cab & Chassis -Conventional Ford F-550 Super Duty •Position: Front 1999-2007 •Lariat •Cab & Chassis -Conventional Ford F-550 Super Duty •Position: Front 1999-2003 •XL•Motorhome - Stripped Chassis Interchanges .., Additional Product Information .., WHI Of Page 41 of 41 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 Revised 11.30.20 Page 1 of 1 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide OEM Ford parts or Equivalent Parts for the City’s Asset Management - Fleet as outlined in this Scope of Work. 1.2 Scope of Work A.The Contractor shall provide parts on an as needed basis. Parts may include but are not limited to: filters, brakes, control arms, shocks, engine parts, body parts, supplies, and other automotive parts. B.The Contractor shall deliver parts to the City Garage, City Service Center located at 5352 Ayers Street, Building 3B, Corpus Christi, Texas 78415. The cost of delivery shall be incorporated in the cost of the items under this contract. The Contractor shall not charge extra for delivery. C.The Contractor shall deliver parts between the hours of 8:00AM to 5:00PM. 1.The Contractor shall deliver in-stock parts by 5:00PM same business day if ordered by 2:00PM. 2.The Contractor shall deliver in-stock parts by 5:00PM next business day if ordered after 2:00PM. D.The Contractor shall provide bill of sale upon delivery. E.The Contractor must be located within forty miles of the City Garage City Service Center. DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 ATTACHMENT C: INSURANCE REQUIREMENTS I.CONTRACTOR’S LIABILITY INSURANCE A.Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: 1.Commercial Broad Form 2.Premises – Operations 3. Products/ Completed Operations 4.Contractual Liability 5. Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence AUTO LIABILITY (including) 1.Owned 2.Hired and Non-Owned 3.Rented/Leased $500,000 Combined Single Limit WORKERS’ COMPENSATION EMPLOYER’S LIABILITY Statutory $500,000 /$500,000 /$500,000 C.In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II.ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers’ compensation coverage provided must be in an amount sufficient to assure Page 1 of 3 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 that all workers’ compensation obligations incurred by the Contractor will be promptly met. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bonds required for this 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: 28717B8E-FCF6-4118-81F6-C52397B2C985 ATTACHMENT D: WARRANTY REQUIREMENTS A. The Contractor shall provide manufacturer warranty on all parts. B. Within warranty period, the Contractor shall repair or replaced without any cost to the City of Corpus Christi and the Contractor must cover all shipping costs. Page 1 of 1 DocuSign Envelope ID: 28717B8E-FCF6-4118-81F6-C52397B2C985 COR DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Charles Mendoza, Director of Asset Management CharlesM2@cctexas.com (361) 826-1941 Josh Chronley, Assistant Director of Finance & Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Resolution authorizing execution of one-year service agreement with two one-year options, with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, for an amount not to exceed $328,200.00, and a po tential amount of $984,600.00 if options are exercised, for offsite repairs for Ford vehicles for Asset Management-Fleet, with FY 2024 funding of $300,850.00 from the Fleet Maintenance Service Fund. SUMMARY: This motion authorizes a one-year service agreement with two one-year option periods for parts and services for repairs to Ford vehicles for the Asset Management Department, Fleet Division. Ford parts and services are necessary to keep the Fleet available to City departments. BACKGROUND AND FINDINGS: The purpose of this service agreement is to repair parts and services of the City’s Ford vehicles. Asset Management utilizes these services on an as-needed basis to keep Ford vehicles up and running. The contractor is a Ford dealer and is certified in Hybrid repairs and with the Texas Railroad Commission to work on (CNG) compressed natural gas vehicles. Offsite Repairs for Fleet Ford Vehicles AGENDA MEMORANDUM Action Item for the City Council Meeting of November 14, 2023 PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids. The City received one responsive, responsible bid. Staff is recommending Crosstown Partners Inc. dba Sames Ford of Corpus Christi, Texas the lowest, responsive, responsible bidder to provide as-needed offsite repairs of Fleet Ford vehicles. Crosstown Partners Inc. dba Sames Ford is the incumbent for offsite repairs of Fleet Ford vehicles and has an hourly rate that has a competitive market increase of 21% from the previous contract in 2021. With the reception of a single bid, Finance & Procurement entered into negotiations with the incumbent and reduced his original bid from a 33% increase to 21%. The price increase is driven by both increases in labor and material costs for the vendor. ALTERNATIVES: The alternative would be not to secure a long-term supply agreement; however, the Asset Management Department would have to process individual purchase orders when repairs are needed. This would not be as productive. A long-term agreement allows for a better economy of scale. FISCAL IMPACT: The fiscal impact for Asset Management in FY24 is $300,850.00, with the remaining cost of $656,400.00 funded in future years through the annual budget process. FUNDING DETAIL: Fund: 5110 Fleet Maintenance Services Organization/Activity: 40170 Fleet Operations Department: 13 Project # (CIP Only): N/A Account: 530100 Vehicle Repairs RECOMMENDATION: Staff recommends approval of this resolution authorizing the execution of a one-year service agreement with Crosstown Partners Inc. dba Sames Ford as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Bid Tabulation Service Agreement Resolution authorizing execution of a one-year service agreement with two one-year options, with Crosstown Partners, Inc., dba Sames Ford, of Corpus Christi, for an amount not to exceed $328,200.00, and a potential amount of $984,600.00 if options are exercised, for offsite repairs of Ford vehicles for Asset Management - Fleet, with FY 2024 funding of $300,850.00 from the Fleet Maintenance Service Fund. WHEREAS, Crosstown Partners, Inc., doing business as Sames Ford, provides factory-authorized Ford parts, diagnostic services, and certified warranty repairs for Ford vehicles, such repair services being critical to keeping fleet vehicles operational and available to City departments; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, in addition to Sames Ford being the only bidder who submitted a bid in response to a competitive bid solicitation, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City’s residents. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the negotiation and authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to secure a one-year service agreement, with two one-year options, with Crosstown Partners, Inc., dba Sames Ford, for an amount not to exceed $328,200.00, with FY 2024 funding of $300,850.00 from the Fleet Maintenance Service Fund. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Bid Tabulation Finance - Procurement RFB # 4909 Buyer: Desirree Ortiz Offsite Repairs for Fleet Ford Vehicles Unit Extended Price Price 1 Labor To Repair Gas Vehicles HR 1000 140.00$ $140,000.00 2 Labor To Repair Diesel Vehicles HR 1000 140.00$ $140,000.00 3 Diagnostic Fee For Gas & Diesel Vehicles EA 100 140.00$ $14,000.00 Items Descrption Unit Qty % Mark Up Qty + MarkUp = Total 4 Parts EA 49,500 20%$59,400.00 $353,400.001 Year Total Crosstown Partners Inc. dba Sames Ford Corpus Christi, Tx Items Description Unit 1 Year Qty Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 SERVICE AGREEMENT NO. 4909 Offsite Repairs for Fleet Ford Vehicles THIS Offsite Repairs for Fleet Ford Vehicles Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Crosstown Partners Inc DBA Sames Ford (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Offsite Repairs for Fleet Ford Vehicles in response to Request for Bid/Proposal No. 4909 (“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 Offsite Repairs for Fleet Ford Vehicles (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2.Term. (A)The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B)At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3.Compensation and Payment. This Agreement is for an amount not to exceed $328,200.00, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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: Franciso Olvera Jr. Asset Management, Fleet Department 361-826-1917 franciscoo@cctexas.com 5. Insurance; Bonds. (A)Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B)In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Franciso Olvera Jr Title: Vehicle & Equipment Admin Inspector Address: 5352 Ayers Building 3B, Corpus Christi, Texas 78415 Phone: 361-826-1917 Fax: 361-826-4394 IF TO CONTRACTOR: Crosstown Partners Inc DBA Sames Ford Attn: Ryan Cain Title: General Manager Address: 4721 Ayers St., Corpus Christi, Texas 78415 Phone: 361-851-7600 DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Fax: 361-225-2860 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B)Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Agreement (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 27.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Assistant Director of Finance - Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 4909 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E 10/12/2023 VP 361-851-7612 Revised 11.30.20 Page 1 of 2 ATTACHMENT A: SCOPE OF WORK 1.1 General Requirements/Background Information The Contractor shall provide parts and services for repairs to Ford Vehicles for the Corpus Christi Asset Management, Fleet Division. The Contractor shall be ASE, Ford Dealer, Hybrid Certified and Texas Railroad Commission certified for (CNG) compressed natural gas vehicles. 1.2 Scope of Work A. Service requirements: 1.The Contractor shall perform repairs to include, but not limited to, engine, drivetrain, body, electrical, HVAC, suspension, brakes, and wheel alignments. 2.The Contractor shall perform both Electrical and Mechanical Diagnostics. 3.All preventive and unscheduled maintenance and repair to include parts and labor. 4.The Contractor shall provide Original Equipment Manufacturer (OEM) parts. Aftermarket Parts will only be accepted when OEM are no longer available and with prior approval. a. For clarification regarding parts used in emergency vehicles (such as CCPD units), for public health and safety reasons, OEM parts must be used, unless use of an aftermarket part is pre-approved prior to installation by the City’s Fleet Manager due to unavailability or other reason. In vehicles under warranty, OEM parts are required in accordance with the warranty’s terms. In all other vehicles, aftermarket parts must be used; however, if the comparable OEM part is available and similarly priced, use of the OEM part may be used. 5.The Contractor shall not subcontract any repairs. 6.The Contractor is responsible for any towing charges incurred for immediate failures after repairs have been completed by the Contractor. B.Lead Time: 1.First Responder vehicle repairs shall be First Priority. The Contractor shall provide same day priority service. This standard shall apply to a full six-day work week, Monday through Saturday, and include items covered under warranty as well as non-warranty repairs. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Revised 11.30.20 Page 2 of 2 2.The Contractor shall have four business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what is constituted as a minor repair according to the manufacturer. 3.The Contractor shall have eight business days, Monday through Friday, 8:00 am to 5:00 pm, Saturday, 8:00 am to 12:00 pm to complete what is constituted as a major repair according to the manufacturer. Extensions shall require approval from the Contract Administrator. C.Delivery: 1.The City will use its authorized contracted towing company to deliver the inoperative vehicle to the Contractor. The City will notify the Contractor of vehicles being towed and delivered to vendor for repairs. On the same day the vehicle is received, the Contractor shall send an email to the Contract Administrator. 2.City of Corpus Christi Asset Management staff will transport operative vehicles to and from the Contractor’s facility. 1.3 Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E ATTACHMENT B: BID/PRICING SCHEDULEDocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Revised 11.30.20 Page 1 of 3 ATTACHMENT C: INSURANCE REQUIREMENTS I.CONTRACTOR’S LIABILITY INSURANCE A.Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City’s Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. C.In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II.Additional Requirements – A.Applicable for paid employees, Contractor must obtain workers’ compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability including: 1.Commercial Broad Form 2.Premises – Operations 3.Products/ Completed Operations 4.Contractual Liability 5.Independent Contractors 6.Personal Injury- Advertising Injury $1,000,000 Per Occurrence GARAGE KEEPERS PHYSICAL DAMAGE COVERAGE including: 1.Physical Damage on a Direct Primary Basis $500,000 Actual Cash Value of Vehicles While in Care, Custody or Control DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Revised 11.30.20 Page 2 of 3 The workers’ compensation coverage provided must be in an amount sufficient to assure that all workers’ compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. B.Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor’s sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C.Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D.Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: •List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; •Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; •Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and •Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Revised 11.30.20 Page 3 of 3 E.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F.In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G.Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor’s performance of the work covered under this agreement. H.It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I.It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services – Services Performed Offsite 01/01/2023 Risk Management – Legal Dept. Bond Requirements: No bonds required for this Agreement. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E Page 1 of 1 ATTACHMENT D: WARRANTY REQUIREMENTS A.Warranty on labor and workmanship shall be six months. B.Warranty on all materials shall be one year. C.Covered warranty on new installation shall be one year or better for all labor and material. D.Warranty on all repairs shall be six months or better for all labor and one-year on materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. DocuSign Envelope ID: ECE0FB26-DA10-4316-976C-6F33EB92CB7E AGENDA MEMORANDUM Action Item for the City Council Meeting of November 14, 2023 ____________________________________________________________________________ DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Robert Dodd, Director of Parks and Recreation robertd4@cctexas.com (361) 826-3133 CAPTION: Motion authorizing the approval of Change Order No. 1 with Callan Marine, LTD, Galveston, Texas, for the Packery Channel Dredging and Beach Nourishment Project, in an amount of $400,00.00 for a total amount not to exceed $3,931,549.00, with FY 2024 funding available from Tax Increment Reinvestment Zone No.2 Capital Fund. SUMMARY: This change order authorizes additional funding to extend the dredging limits to include shoaled areas near the entrance area to Lake Padre and an allowance for additional dredging. The sandy maintenance material will be excavated from the channel to reestablish the required depths. BACKGROUND AND FINDINGS: The Packery Channel dredging and Beach Nourishment Project is currently under construction. This project included hydraulic dredging from Packery Channel to required depths and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. Approximately 270,000 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths. Once the channel under the new Don Patricio Bridge is opened, there will be a significant increase in boating traffic accessing Packery Channel from Lake Padre. The area in the vicinity of the Lake Padre entrance has significant shoaling that will interfere with navigation. That area was not included in the original dredge template and USACE permit application. Construction Change Orders Packery Channel Dredging and Beach Nourishment A USACE permit amendment request is being processed to cover the additional dredging. The work was also included in the bid as one of three additive alternates. Staff intended to award this additive alternate with the bid but it was inadvertently omitted from the agenda item. As a result, that work must now be added as a change order. Callan Marine is honoring the additive alternate pricing from their original bid of $191,502.00. The additional funds of $208,498.00 are budgeted as an allowance for additional quantities of dredging. Preliminary survey results indicate that there may be additional quantities of dredging required than indicated in the bid documents. Payments will be made on actual quantities of work performed and verified by bathymetric survey. PROJECT TIMELINE: Change Order No. 1 will authorize an additional 6 calendar days to construction contract. The anticipated substantial completion date of the project is early January 2024. ALTERNATIVES: Not awarding the Change Order will risk further shoaling and encroaching on the navigation pathway of the Packery Channel Dredging and Beach Nourishment project. FISCAL IMPACT: The fiscal impact for the FY 2024 is an amount of $400,000.00 with funds available from the Tax Increment Finance District Capital Fund. To support this change order funding from project 24129 (Packery Channel Capital Repairs) in the amount of $400,000.00 budgeted in the Tax Increment Finance District Capital Fund is going to be transferred to project 20106 (Packery Channel Dredging and Beach Nourishment). FUNDING DETAIL: Fund: PackChProjTIF2 (Fund 3278) Department: Infrastructure (17) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 20106-A-3278-EXP Amount $400,00.00 RECOMMENDATION: Staff recommends approval of this Change Order No. 1 in the amount of $400,000.00 for the Packery Channel Dredging and Beach Nourishment Project, with Callan Marine, Ltd., to increase contract capacity for additional dredging limits. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Packery Channel Dredging and Beach Nourishment Change Order No. 1 CIP Page VENDOR ID NO.: PROJECT:Packery Channel Dredging & Beach Nourishment CONTRACT NO.: CONTRACTOR:Callan Marine, Ltd. ENGINEER:HDR Engineering PROJECT NUMBER: PROJECT MANAGER:Edwin Santillian CHANGE ORDER NO: OPERATING DEPT.:Parks & Recreation CHANGE ORDER DATE: ADDITIONS Quantity Unit Unit Price reason PART D - ADDITIVE ALTERNATE NO. 3 D1 Construction Surveys 1 LS $ 1.00 D2 Pre-Dredge Hazard Survey 1 LS $ 1.00 D3 Debris Removal from Dredging Template 1 TON $ 1,500.00 D4 Pipeline Dredging (Reach 1)10000 CY $ 19.00 Subtotal: Additional Contract Time Due To: Scope of Work 5 DAY $- Additions Total: Additional Calendar Days requested 5 NET TOTAL OF THIS CHANGE ORDER: Why was this Change necessary: City is adding this work to the Packery Channel Dredging project to provide improved access to the Lake Padre water front subdivision currently under development. Original Contract Amount Maximum Change Order Contingency Amount (25%) Remaining Available Contingency Amount (including this CO)FUND:Previously Approved Change Order Amount ACCOUNT:Proposed Change Order Amount for use by CAP ACTIVITY:Revised Contract Amount for use by CAP AMOUNT:Percent of Total Change Orders (including this CO) Original Contract Time for Substantial Completion CD's FUND:Notice to Proceed Date ACCOUNT:Original Substantial Completion Date ACTIVITY:AMOUNT:Previously Approved Change Order Time CD's Additional Time on This Change Order CD's Revised Contract Time for Substantial Completion CD's FUND:Revised Substantial Completion Date for use by CAP ACCOUNT:ACTIVITY:AMOUNT:REQUESTED BY:Callan Marine, Ltd. FUND:ACCOUNT:Micah Morris Date ACTIVITY:Operations Manager AMOUNT: REVIEWED BY:APPROVED BY: Amie Wojtasczyk Date Jeff H. Edmonds, P.E.Date Construction Supervisor Director of Engineering Services RECOMMENDED BY:APPROVED BY: Brett Van Hazel, P.E.Date ($50,000.00 - $99,999.99)Neiman Young Date Construction Engineer Assistant City Manager initials Legistrar No. Janet Whitehead Date Assistant City Attorney Council Date RECOMMENDED BY:ATTEST: Kamil Taras Date (Council)Rebecca Huerta Date 150980 1 date of finalized draft $0.00 $- $191,502.00 $3,723,051.00 $1.00 $1.00 xxxxxx-xx-xxxx-xxx Proposed Change Order Funding Source(s)SECTION/FUND 5.42% $3,531,549.00 $882,887.25 $691,385.25 $0.00 SECTION/FUND SECTION/FUND xxxxxx-xx-xxxx-xxx APPROVED AS TO FORM: $0.00 xxxx-xx-xxxxxxxx $0.00CONTRACTOR xxxx-xx-xxxxxxxx CITY OF CORPUS CHRISTI xxxxxx-xx-xxxx-xxx 1 10/16/2023 xxxx-xx-xxxxxxxxxxxxxx-xx-xxxx-xxx CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 4640 19046A Make the following additions, modifications or deletions to the work described in the Contract Documents: Total This Contract Modification represents Final Adjustment for any and all amounts due or to become due to Contractor for changes referred to herein. Contractor further releases all other claims, if any (except those claims previously submitted in writing in strict accordance with the Contract), for additional compensation under this Contract, including without limitation any rights Contractor may have for additional compensation arising out of delays or disruption of Contractor's schedule as may have arisen prior to the date of this Contract Modification. Unless otherwise expressly provided herein, the time of completion and all other terms and conditions of the Contract remain unchanged. $191,502.00 $191,502.00 0 5 6 $1,500.00 $190,000.00 $191,502.00 $- SECTION/FUND xxxx-xx-xxxxxxxx 10/17/2023 Authorized By Council 10/22/2023 VENDOR ID NO.: PROJECT:Packery Channel Dredging & Beach Nourishment CONTRACT NO.: CONTRACTOR:Callan Marine, Ltd. ENGINEER:HDR Engineering PROJECT NUMBER: PROJECT MANAGER:Edwin Santillian CHANGE ORDER NO: OPERATING DEPT.:Parks & Recreation CHANGE ORDER DATE: 150980 1 date of finalized draft CITY OF CORPUS CHRISTI ENGINEERING SERVICES CHANGE ORDER 4640 19046A Management and Budget Designee (≥ $100,000.00 or ≥ 25%)City Secretary VENDOR ID NO.:150980 CONTRACT NO.:4640 PROJECT NO:19046A CONTRACT AMOUNT:Construction Engineer Brett Van Hazel, P.E. PROJECT NAME:Packery Channel Dredging & Beach Nourishment CONTINGENCY (25%):Assistant City Attorney Janet Whitehead CONTRACTOR:Callan Marine, Ltd. CD'S DATE Management and Budget Designee Kamil Taras ENGINEER:HDR Engineering CONTRACT SUBSTANTIAL:120 2/13/2024 Director of Engineering Services Jeff H. Edmonds, P.E. CONSTR. INSPECTOR:John Webster CONTRACT FINAL:150 3/14/2024 Assistant City Manager Neiman Young CITY PROJ. MANAGER:Edwin Santillian City Secretary Rebecca Huerta CONTRACTOR SIGNEE:Micah Morris CONTRACT AMOUNT:Eng. Proj. Specialist Brianna Cabrera SIGNEE TITLE:Operations Manager CD'S DATE Construction Supervisor Amie Wojtasczyk NOTICE TO PROCEED DATE:10/16/2023 CONTRACT SUBSTANTIAL:125 2/18/2024 Constr. Inspector John Webster OPERATING DEPT.:Parks & Recreation CONTRACT FINAL:155 3/19/2024 Constr. Sr. Project Mgr.Victor Vargas Additions Deletions Total Section Part A $ - $ - $ - Additions Section Part B $ - $ - $ - Deletions Section Part C $ - $ - $ - Additions Section Part D $ - $ - $ - Deletions Section Part E $ - $ - $ - Additions Section Part F $ - $ - $ - Deletions Section Part G $ - $ - $ - Additions Section Part H $ - $ - $ - Deletions Section Part I $ - $ - $ - Additions Section Part J $ - $ - $ - Deletions Section Part K $ - $ - $ - Additions $ - $ - $ - Deletions Additions Deletions Additions Deletions Additions Deletions Additions Deletions TOTAL CHANGE ORDERS:$191,502.00 #REF!$191,502.00 5.42%5 4.17% REMAINING AVAILABLE:$691,385.25 19.58% EMAILED DATE (thru DocuSign) date date date date date date date ADDITIONS DEDUCTIONS $191,502.001 $191,502.00 5.42% $3,723,051.00 4 #REF! 5.42%none date 4.17%date date date 5 6 5.42%none 5.42%none 4.17% 4.17% 10 5.42%none 9 5.42%none 4.17% $882,887.25 7 8 date4.17%none5.42% 5.42%none 4.17%date 5 5.42%none 4.17% 3 $3,531,549.00 PROJECT CHANGE ORDERS TRACKER 4.17%date 2 EXECUTED DATETIME TOTAL CHANGE ORDER AMOUNT CHANGE ORDER DATE CHANGE ORDER NO. %%NOTES reason #REF! reason5.42%none 4.17%date ORIGINAL CONTRACT INFORMATION REVISED CONTRACT INFORMATION reference bid tab & estimate template for bid parts. reason reason reason reason reason reason reason reason reason reason reason reason reason reason reason reason date reason 4.17% enter date of last signature enter date change order is sent via DocuSign date date date date VENDOR ID NO.:150980 CONTRACT NO.:4640 PROJECT NO:19046A CONTRACT AMOUNT:Construction Engineer Brett Van Hazel, P.E. PROJECT NAME:Packery Channel Dredging & Beach Nourishment CONTINGENCY (25%):Assistant City Attorney Janet Whitehead CONTRACTOR:Callan Marine, Ltd. CD'S DATE Management and Budget Designee Kamil Taras ENGINEER:HDR Engineering CONTRACT SUBSTANTIAL:120 2/13/2024 Director of Engineering Services Jeff H. Edmonds, P.E. CONSTR. INSPECTOR:John Webster CONTRACT FINAL:150 3/14/2024 Assistant City Manager Neiman Young CITY PROJ. MANAGER:Edwin Santillian City Secretary Rebecca Huerta CONTRACTOR SIGNEE:Micah Morris CONTRACT AMOUNT:Eng. Proj. Specialist Brianna Cabrera SIGNEE TITLE:Operations Manager CD'S DATE Construction Supervisor Amie Wojtasczyk NOTICE TO PROCEED DATE:10/16/2023 CONTRACT SUBSTANTIAL:125 2/18/2024 Constr. Inspector John Webster OPERATING DEPT.:Parks & Recreation CONTRACT FINAL:155 3/19/2024 Constr. Sr. Project Mgr.Victor Vargas Additions Deletions Total Section Part A $ - $ - $ - Additions Section Part B $ - $ - $ - Deletions Section Part C $ - $ - $ - Additions Section Part D $ - $ - $ - Deletions Section Part E $ - $ - $ - Additions Section Part F $ - $ - $ - Deletions Section Part G $ - $ - $ - Additions Section Part H $ - $ - $ - Deletions Section Part I $ - $ - $ - Additions Section Part J $ - $ - $ - Deletions Section Part K $ - $ - $ - Additions $ - $ - $ - Deletions Additions Deletions Additions Deletions Additions Deletions Additions Deletions TOTAL CHANGE ORDERS:$191,502.00 #REF!$191,502.00 5.42%5 4.17% REMAINING AVAILABLE:$691,385.25 19.58% reason reason reason reason reason reason reason date reason 4.17% enter date of last signature enter date change order is sent via DocuSign date date date date reference bid tab & estimate template for bid parts. reason reason reason reason reason reason reason reason reason $3,531,549.00 PROJECT CHANGE ORDERS TRACKER 4.17%date 2 EXECUTED DATETIME TOTAL CHANGE ORDER AMOUNT CHANGE ORDER DATE CHANGE ORDER NO. %%NOTES reason #REF! reason5.42%none 4.17%date ORIGINAL CONTRACT INFORMATION REVISED CONTRACT INFORMATION $882,887.25 7 8 date4.17%none5.42% 5.42%none 4.17%date 5 5.42%none 4.17% 3 9 5.42%none 4.17% 5 6 5.42%none 5.42%none 4.17% 4.17% 10 5.42%none #REF! 5.42%none date 4.17%date date date EMAILED DATE (thru DocuSign) date date date date date date date ADDITIONS DEDUCTIONS $191,502.001 $191,502.00 5.42% $3,723,051.00 4 BID TOTALS BASE BID Total Base Bid $3,531,549.00 Total $3,531,549.00 ALTERNATE 1 Total Part B - Additive Alternate No. 1: Dredging Reach 2 $100,500.00 Total $100,500.00 ALTERNATE 2 Total Part C - Additive Alternate No. 2 $70,000.00 Total $70,000.00 ALTERNATE 3 Total Part D - Additive Alternate No. 3 $191,502.00 Total $191,502.00 Base Bid No.Description Unit Qty Unit Price Ext Price A1 Mobilization (Max. 15%)LS 1 $570,000.00 $570,000.00 A2 Bonds & Insurance LS 1 $20,449.00 $20,449.00 A3 Construction Surveys LS 1 $100,000.00 $100,000.00 A4 Pre-Dredge Hazard Survey LS 1 $35,000.00 $35,000.00 A5 Aerial Photography LS 1 $20,000.00 $20,000.00 A6 Storm Water Pollution Prevention LS 1 $13,000.00 $13,000.00 A7 Debris Removal from Dredging Template TON 20 $1,500.00 $30,000.00 A8 Pipeline Management LS 1 $475,000.00 $475,000.00 A9 Pipeline Dredging (Reach 1)CY 270000 $8.03 $2,168,100.00 A10 Allowance for Additional Work AL 1 $100,000.00 $100,000.00 Subtotal: $3,531,549.00 CIVCAST RFB 4640 PN. 19046A Packery Channel Dredging & Beach Nourishment Report Created On: 3/30/2023 7:11:40 PMDocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-0FE09A6125DF Part B - Additive Alternate No. 1: Dredging Reach 2 No.Description Unit Qty Unit Price Ext Price B1 Construction Surveys LS 1 $12,000.00 $12,000.00 B2 Pre-Dredge Hazard Survey LS 1 $5,000.00 $5,000.00 B3 Debris Removal from Dredging Template TON 1 $1,500.00 $1,500.00 B4 Pipeline Management LS 1 $30,000.00 $30,000.00 B5 Pipeline Dredging (Reach 2)CY 2000 $26.00 $52,000.00 Subtotal: $100,500.00 Part C - Additive Alternate No. 2 No.Description Unit Qty Unit Price Ext Price C1 Environmental Monitoring During Construction LS 1 $70,000.00 $70,000.00 Subtotal: $70,000.00 Part D - Additive Alternate No. 3 No.Description Unit Qty Unit Price Ext Price D1 Construction Surveys LS 1 $1.00 $1.00 D2 Pre-Dredge Hazard Survey LS 1 $1.00 $1.00 D3 Debris Removal from Dredging Template TON 1 $1,500.00 $1,500.00 D4 Pipeline Dredging (Reach 1)CY 10000 $19.00 $190,000.00 Subtotal: $191,502.00 CIVCAST RFB 4640 PN. 19046A Packery Channel Dredging & Beach Nourishment Report Created On: 3/30/2023 7:11:40 PMDocuSign Envelope ID: CDFF3BFF-145B-467D-9F46-0FE09A6125DF PRINTED HALF-SIZETBPELS Firm Registration No. F-754 Project No. 10212723DATUMELEVATION, FT. (NAVD)NOAA 8775870 BOB HALL PIERNOAA 8775792 PACKERY CHANNELMHHW+1.18+0.79MHW+1.09+0.79MSL+0.48+0.59MLLW-0.45+0.37 ”PRINTED HALF-SIZETBPELS Firm Registration No. F-754 Project No. 10212723 PRINTED HALF-SIZETBPELS Firm Registration No. F-754 Project No. 10212723 Capital Improvement Plan City of Corpus Christi, Texas 2024 2026 thru Description The project consists of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline. Dredging schedule to be determined by results of annual study of channel. Project #20106 Justification To manage and maintain parks, beaches, open spaces, and recreational facilities for the community. Budget Impact/Other There is no projected operational impact with this project at this time. Project Name Packery Channel Dredging and Beach Nourishment Status Active TotalPrior Years 2024 2025 2026Expenditures 3,692,5883,692,588Construction/Rehab 456,736Design456,736 309,024309,024Eng, Admin Reimbursements 4,458,348 4,458,348Total TotalPrior Years 2024 2025 2026Funding Sources 92,73692,736 4,365,6124,365,612 SHOT Funds Tax Increment Financing District 4,458,348 4,458,348Total Type Improvement/Additions Useful Life 25 years Category Site Improvements Department TIRZ #2 Contact Economic Development Director Priority Community Investment Council District 4 78 Capital Improvement Plan City of Corpus Christi, Texas 2024 2026 thru Description The Packery Channel requires ongoing capital repairs including repairs to the jetty's and revetments, dredging, and beach nourishment. This project will allocate funding annually in preparation for when these large projects are required to be completed. Project #24129 Justification Routine capital repairs are very important to keep the Packery Channel in good condition for tourist and citizens that visit. Budget Impact/Other There is no projected operational impact with this project at this time. Useful Life 25 years Project Name Packery Channel Capital Repairs Category Site Improvements Type Reconditioning-Asset Status Active TotalPrior Years 2024 2025 2026Expenditures 3,378,3781,126,126 1,126,126 1,126,126Construction/Rehab 371,622123,874 123,874 123,874Eng, Admin Reimbursements 1,250,000 1,250,000 1,250,000 3,750,000Total TotalPrior Years 2024 2025 2026Funding Sources 3,750,0001,250,000 1,250,000 1,250,000Tax Increment Finance District 1,250,000 1,250,000 1,250,000 3,750,000Total Department TIRZ #2 Contact Economic Development Director Priority Community Investment Council District 4 77 ”PRINTED HALF-SIZETBPELS Firm Registration No. F-754 Project No. 10212723 DATE: November 2, 2023 TO: Mayor & City Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com 361-826-3105 CAPTION: Motion approving the Council meeting calendar for calendar year 2024. SUMMARY: Attached is the proposed 2024 Council meeting calendar, including Special City Council meetings, Impact Fee workshop and tentative Budget Workshop dates and times. BACKGROUND AND FINDINGS: Council Policies state that the City Council shall meet in regular session at 11:30 am each Tuesday, except the first Tuesday of each month. The City Charter states that the City Council shall meet in regular session at least once per week unless the Council elects to adjust the regular meeting schedule for valid reasons recorded in the minutes. The Charter also requires the Council to meet in regular session not less often than twice a month. In 2024, 32 regular Council meetings and 2 special Council meetings are being proposed, for a total of 34 meetings. CANCELED Regular Council Meetings: January 16 Day after Martin Luther King (City Holiday) March 12 Spring Break April 30 4th Tuesday May 28 Day after Memorial Day (City Holiday) July 9 Summer Break September 24 Rescheduled to September 3 (see note below) October 8 Texas Municipal League conference is Oct. 9-11 November 26 Thanksgiving Break December 17 Rescheduled to December 7 December 24 Christmas break RESCHEDULED Council Meetings: January 18 Thursday from 6:00 p.m. to 8:00 p.m.; Special City Council Meeting on land use, master plans, and CIPs Approve Council Meeting Calendar for Calendar Year 2024 AGENDA MEMORANDUM Action Item for the City Council Meeting November 14, 2023 June 5 Wednesday from 6:00 p.m. to 8:00 p.m.; Special City Council Meeting on Impact Fees September 3 First Tuesday in September and the day after Labor Day, which is not a regular Council meeting date. Staff requests this meeting date to comply with Tax Assessor/Collector’s Office requirements for tax rate approval. December 3 First Tuesday of the month; recommended to replace meeting on December 17 to accommodate Christmas holiday. Workshops April 11 Impact Fees with City Council and Planning Commission, Noon to 4 p.m. May 9 Impact Fees with City Council and Planning Commission, Noon to 4 p.m. August 1 Budget Workshop, 8 a.m. to 5 p.m. August 8 Budget Workshop, 8 a.m. to 5 p.m. August 15 Budget Workshop, 8 a.m. to 5 p.m. August 22 Budget Workshop, 8 a.m. to 5 p.m. August 29 Budget Workshop, 8 a.m. to 5 p.m. FINANCIAL IMPACT: None RECOMMENDATION: Approve the Motion LIST OF SUPPORTING DOCUMENTS: 2024 Proposed Council Meeting Calendar S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 7 8 9 10 11 12 13 4 5 6 7 8 9 10 3 4 5 6 7 8 9 14 15 16 17 18 19 20 11 12 13 14 15 16 17 10 11 12 13 14 15 16 21 22 23 24 25 26 27 18 19 20 21 22 23 24 17 18 19 20 21 22 23 28 29 30 31 25 26 27 28 29 24 25 26 27 28 29 30 31 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 4 1 7 8 9 10 11 12 13 5 6 7 8 9 10 11 2 3 4 5 6 7 8 14 15 16 17 18 19 20 12 13 14 15 16 17 18 9 10 11 12 13 14 15 21 22 23 24 25 26 27 19 20 21 22 23 24 25 16 17 18 19 20 21 22 28 29 30 26 27 28 29 30 31 23 24 25 26 27 28 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 6 1 2 3 1 2 3 4 5 6 7 7 8 9 10 11 12 13 4 5 6 7 8 9 10 8 9 10 11 12 13 14 14 15 16 17 18 19 20 11 12 13 14 15 16 17 15 16 17 18 19 20 21 21 22 23 24 25 26 27 18 19 20 21 22 23 24 22 23 24 25 26 27 28 28 29 30 31 25 26 27 28 29 30 31 29 30 S M T W T F S S M T W T F S S M T W T F S 1 2 3 4 5 1 2 1 2 3 4 5 6 7 6 7 8 9 10 11 12 3 4 5 6 7 8 9 8 9 10 11 12 13 14 13 14 15 16 17 18 19 10 11 12 13 14 15 16 15 16 17 18 19 20 21 20 21 22 23 24 25 26 17 18 19 20 21 22 23 22 23 24 25 26 27 28 27 28 29 30 31 24 25 26 27 28 29 30 29 30 31 Council Meeting Budget workshop 8-5 (tentative)Holiday TML Oct. 9-11 at Houston Election Dates/Canvas 18th & 23rd Partial holiday closure Impact Fee workshop Noon-4pm Special Council Meetings October November December January February March April May June 18th Special Council Meeting 2024 PROPOSED City Council Calendar July August September 5th Special Council Meeting Calendar Templates by Vertex42.com DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema@cctexas.com (361) 886-2603 CAPTION: Ordinance accepting grant funds from the Coastal Bend Wellness Foundation in the amount of $15,000.00 to fund overtime and fringe benefits for Corpus Christi Police Department sworn officers for the Red Cord Initiative Diversion Program; and appropriating $15,000.00 in the Police Grants Fund. SUMMARY: The Coastal Bend Wellness Foundation has received a grant from the State of Texas, Office of the Governor, Public Safety Office, Criminal Justice Division in the amount of $15,000.00 to fund overtime and fringe benefits for the Corpus Christi Police Department to work with the Red Cord Initiative Diversion Program. The City is considered a subgrantee of this grant. BACKGROUND AND FINDINGS: The Red Cord Initiative is a community-based, pretrial prostitution diversion program dedicated to providing practical, emotional, and social support for those involved in sex work . The program includes case management, law enforcement, prosecution, and behavioral health services (including substance abuse treatment) in Nueces County for eligible individuals. The Red Cord Initiative believes in a community-based, comprehensive, and holistic approach with the goals of reducing the harm an individual has caused to themself, as well as the harm that the individual is causing to the surrounding community. The Red Cord Initiative focus is to improve public safety and public order in the Corpus Christi and Nueces County neighborhoods and to reduce justice system involvement with people who successfully complete the program. For this grant, the Corpus Christi Police Department (CCPD) will work with the Coastal Bend Wellness Foundation to provide overtime enforcement to conduct law enforcement activities to prevent, control, or reduce prostitution crimes. The Coastal Bend Wellness Foundation is a community-based non-profit organization that provides many public services to the Corpus Christi community. Some of the services they provide include mental health, substance abuse, and infectious disease testing. Acceptance and Appropriation of Grant Funds for the Red Cord Initiative Diversion Program for the Corpus Christi Police Department AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting November 14, 2023 Second Reading Ordinance for the City Council Meeting November 28, 2023 The grant period is from November 1, 2023 to September 30, 2024. For this program, the CCPD will provide the following: Assign personnel specifically trained and specialized in targeting investigations and prosecutions of prostitution crimes Coordinate and schedule operations in high-risk areas to target individuals who be eligible for diversion program Participate and support performance measures and evaluation plan to meet contractual obligations Identify a point of contact to serve on the Red Cord Initiative Multi-Disciplinary Care Team and attend coordinating group planning meetings as appropriate For this program, CCPD will run two operations for a total grant amount of $15,000.00 for salaries and fringe benefits. This is the third time that the City has applied for this grant. The previous award was given in 2020 in the amount of $22,734.08. ALTERNATIVES: The alternative of not accepting the funds will cause the program not to be implemented. This will result in more prostitution crimes occurring without diversion and enforcement as well as a less likelihood that the grant will be awarded next year. FISCAL IMPACT: The fiscal impact for FY 2024 is accepting and appropriating an amount of $15,000.00 to the Police Grants Fund. Funding Detail: Fund: 1061 Organization/Activity: 821608S Department #: 29 Project # (CIP Only): N/A Account: $15,000.00 RECOMMENDATION: Staff recommends accepting the award and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award document Ordinance authorizing acceptance of $15,000 grant from the Coastal Bend Wellness Foundation to fund overtime and fringe benefits for the Red Cord Initiative Diversion Program; and appropriating funds in the amount of $15,000 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 $15,000 from the Coastal Bend Wellness Foundation to provide overtime enforcement for law enforcement activities to support the Red Cord Initiative, a community-based pretrial prostitution diversion program. 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 $15,000 is appropriated in the No. 1061 Police Grants Fund. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3936 CAPTION: Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor—Homeland Security Grant Division for the State Homeland Security Program for 57 replacement sets of body armor and a replacement burn trailer for the Corpus Christi Police Department’s Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the FY 2024 Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of two grants totaling $181,346.31 from the Homeland Security Grant Program’s (HSGP) State Homeland Security Program (SHSP). SHSP is one of three grant programs that comprise the HSGP. BACKGROUND AND FINDINGS: The HSGP is a federal grant program that is managed by the State, through the office of the Governor, and is administered through the Coastal Bend Council of Governments (CBCOG). The equipment purchased using these grants funds will support local and state efforts to prevent terroristic and catastrophic events and prepare for the threats and hazards that pose the greatest risk to the security of Texas citizens. The grant funding through Law Enforcement Terrorism Prevention Activities will provide increased protection for the Corpus Christi Police Department Special Weapons and Tactics (SWAT) and Hostage Negotiation (HNT) teams. The SWAT and HNT teams are comprised of 57 members, and they assist local, state, and federal partners to safely de-escalate high-risk situations. The first SHSP grant is for $160,346.31 and will be used to purchase 57 replacement sets of body armor that will be expiring due to reaching the end of the manufacturer’s recommended useful lives. The second SHSP grant is in the amount of $21,000.00 and will be used to purchase a replacement burn trailer. The trailer is a vital piece of equipment that will enhance chemical agent disposal capabilities and replace the current, outdated trailer. Teams will be able to respond to high-risk incidents more quickly and effectively, which also increases the level of protection for Acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor- Homeland Security Grants Division for the Corpus Christi Police Department AGENDA MEMORANDUM Action Item for the City Council Meeting November 14, 2023 Action Item for the City Council Meeting November 28, 2023 the community. Since 2002, the Corpus Christi Fire Department (CCFD) has submitted grant applications to the HSGP on behalf of the CCPD and other City departments. In FY 2022, the City of Corpus Christi was awarded four grants totaling $189,547.47. The FY 2022 grant funding was also used to purchase anti-terrorism and SWAT equipment. In FY 2023, the City received two grants totaling $97,753.00 from the Homeland Security Grant Program. The FY 2023 grant funding was also to purchase anti-terrorism and SWAT equipment. ALTERNATIVES: The alternative is to not accept the two grants and seek alternative funding. However, this would place the public and police officers at a higher risk of terrorism and catastrophic events as these funds are not part of the City’s FY 2024 General Fund Budget. FISCAL IMPACT: Acceptance of the funding in the amount of $181,346.31 and appropriating $181,346.31 to the FY 2024 Fire Grants fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 821273F, 821274F Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment 540045 Uniforms & Protective Clothing Amount: $181,346.31 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate two grants totaling $181,346.31 for the purchase of 57 replacement sets of body armor and a burn trailer, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the acceptance of two grants totaling $181,346.31 from the Texas Office of the Governor Homeland Security Grant Division for 57 new sets of body armor and a burn trailer for the Corpus Christi Police Department’s Special Weapons and Tactics and Hostage Negotiation Teams for $181,346.31; and appropriating $181,346.31 in the Fire Grants Fund. 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 all documents necessary to accept two grants totaling of $181,346.31 from the Texas Office of the Governor Homeland Security Grant Division’s Homeland Security Grant Program for $181,346.31 for the purchase of 57 new sets of body armor and a burn trailer to support the Police Department’s Special Weapons and Tactics’ (SWAT) and Hostage Negotiation Teams’ (HNT) to prepare for and to prevent terroristic and catastrophic events. SECTION 2. The City Council designates the Fire Chief as the authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 3. That $181,346.31 is appropriated in the No. 1062 Fire Grants Fund from the Texas Office of the Governor Homeland Security Grant Division’s Homeland 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. SECTION 5. That the 2023-2024 operating budget approved by Ordinance No. 033151 is amended to increase revenues and expenditures. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 CAPTION: Ordinance appropriating $105,208.00 into the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024; and authorizing one grant position. The total of the Revised Contract, which began on March 1, 2022, shall not exceed $388,000.00. SUMMARY: The grant award is to be used to provide for personnel costs, supplies, and other expenses to offer STD/HIV services and associated activities related to the STD/HIV-DIS Prevention program within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). The STD/HIV Prevention Services Grant began on March 1, 2022. This is the fourth amendment to the grant. This amendment extends the contract term for an additional calendar year. BACKGROUND AND FINDINGS: The primary purpose of the STD/HIV Prevention Services Grant is to investigate and report new cases of Syphilis and HIV to DSHS, to intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation, and to prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention. The STD/HIV Prevention Services Grant employs one full-time equivalent employee. The source of the grant is DSHS. Acceptance of the Sexually Transmitted Diseases/Human Immunodeficiency Virus (STD/HIV) Prevention Services Contract for the Corpus Christi – Nueces County Public Health District in the amount of $105,208 and appropriation of the funds for the contract period of January 1, 2024, through December 31, 2024 AGENDA MEMORANDUM First Reading for the City Council Meeting November 14, 2023 Second Reading for the City Council Meeting November 28, 2023 The overall budget for the grant is $105,208. The budget consists of $87,822 for personnel (including salary and fringe), $1,886 for travel (including mileage for field visits to clients), $5,000 for computer equipment, and $10,500 for clinical supplies. The STD/HIV Prevention Services Grant serves Nueces, Kleberg, Aransas, Refugio, and San Patricio counties for communicable disease reporting and investigations. The STD/HIV-DIS Prevention Services Program Grant began on March 1, 2022. Since that time, the contract has had 4 amendments. These amendments included supplemental funding increases and the renewal of the contract every year. An overview of the grant is shown in the following table. Figure 1 STD/HIV-DIS Prevention Services Program Grant History. Time Period Allocated Funding/Budget Notes 3-1-2022 to 8-31-2022 52,604 Original Contract 8-1-2022 to 12-31-2022 52,604 Amendment 1 1-1-2022 to 12-31-2022 72,379 (Supplemental, one-time funding allocation for equipment) Amendment 2 1-1-2023 to 12-31-2023 105,208 Amendment 3 1-1-2024 to 12-31-2024 105,208 Amendment 4 Revised Contract total not-to-exceed Contract amount of $388,000.00 ALTERNATIVES: Refuse the STD/HIV Prevention Services Grant and reduce the ability to investigate new cases of Syphilis and HIV, to intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea to prevent cases of congenital syphilis. FISCAL IMPACT: No fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831803F Department Number: 15 Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract HHS001120300007, Amendment 4, STD/HIV-DIS Prevention Services Program Grant Ordinance Certification of Funds Ordinance appropriating $105,208.00 in the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024. WHEREAS, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and WHEREAS, the Texas Department of State Health Services has awarded an additional $105,208.00 for Contract No. HHS001120300007 to provide STD/HIV prevention and control services for calendar year 2024. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of $105,208.00 is appropriated in the No. 1066 Health Grants Fund to provide STD/HIV prevention and control services for calendar year 2024. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of 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 P.O. Box 149347 • Austin, Texas 78714-9347 • Phone: 888-963-7111 • TTY: 800-735-2989 • dshs.texas.gov DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO. HHS001120300007 AMENDMENT NO. 4 The DEPARTMENT OF STATE HEALTH SERVICES (“System Agency” or “DSHS”) a pass-through entity, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY ("Grantee"), each a “Party” and collectively the “Parties” to that certain grant contract to control and prevent the spread of Sexually Transmitted Diseases (STDs), including Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS) and viral hepatitis under the STD/HIV-DIS Prevention Services Program, effective March 1, 2022, and denominated DSHS Contract No. HHS001120300007 (“Contract”), as amended, now desire to further amend the Contract. WHEREAS, the Parties desire to extend the Contract term; WHEREAS, DSHS desires to add funds to the Contract for services provided in Calendar Year 2024; and WHEREAS, DSHS desires to update the project requirements in the Statement of Work to align with project goals. NOW, THEREFORE, the Parties hereby amend and modify the Contract as follows: 1. ARTICLE III, DURATION, of the Contract is amended to reflect a revised termination date of December 31, 2024. 2. ARTICLE IV, BUDGET, of the Contract is revised to increase the Contract amount by $105,208.00 for the 2024 Calendar Year, resulting in a revised total not-to-exceed Contract amount of $388,000.00. All expenditures for the 2024 Calendar Year will be in accordance with ATTACHMENT B-4, BUDGET FOR 2024 CALENDAR YEAR. 3. ATTACHMENT A-1, REVISED STATEMENT OF WORK, is deleted in its entirety and replaced with ATTACHMENT A-2, REVISED STATEMENT OF WORK (SEPTEMBER 2023), which is attached to this Amendment and incorporated into and made part of the Contract for all purposes. 4. ATTACHMENT B-4, BUDGET FOR 2024 CALENDAR YEAR, is attached to this Amendment and incorporated into and made part of the Contract for all purposes. 5. This Amendment is effective as of January 1, 2024. 6. Except as modified by this Amendment, all terms and conditions of the Contract, as previously amended, shall remain in full force and effect. 7. Any further revisions to the Contract shall be by written agreement of the Parties. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 2 of 20 Amendment No. 4 8. Each Party represents and warrants that the person executing this Amendment on its behalf has full power and authority to enter into this Amendment. SIGNATURE PAGE FOLLOWS DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 3 of 20 Amendment No. 4 SIGNATURE PAGE FOR AMENDMENT NO. 4 DSHS CONTRACT NO. HHS001120300007 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: _______________________________ By: ________________________________ Printed Name: ______________________ Printed Name: _______________________ Title: _____________________________ Title: ______________________________ Date of Signature: ___________________ Date of Signature: ____________________ DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 5 of 20 Amendment No. 4 ATTACHMENT A-2 REVISED STATEMENT OF WORK (SEPTEMBER 2023) I. GRANTEE RESPONSIBILITIES A. Grantee shall conduct programs, as described herein, to control and prevent the spread of Sexually Transmitted Infections (STIs), including human immunodeficiency virus/acquired immunodeficiency syndrome (HIV/AIDS) and viral hepatitis, in accordance with the Centers for Disease Control and Prevention (CDC) STD Program Operations Guidelines, located at: http://www.cdc.gov/std/program/gl-2001.htm. B. Grantee shall perform the following seven (7) core activities: 1. Community and Individual Behavior Change Interventions; 2. Medical and Laboratory Services; 3. Partner Services; 4. Leadership and Program Management; 5. Surveillance and Data Management; 6. Training and Professional Development; and 7. Program Evaluation. C. Grantee shall maintain written program procedures covering the seven (7) core activities. All procedures must be consistent with the requirements of this Contract. D. Grantee shall perform the activities required under this Contract in the service area designated in this Contract. Service area includes the following county(ies): Refugio, Aransas, Nueces, Kleberg, San Patricio. E. Grantee shall designate one staff member to be a Local Responsible Party (LRP), who will be responsible overall for ensuring the security of the confidential HIV/STI information the Grantee maintains pursuant to this Contract. F. Grantee shall comply with all applicable federal and state policies, standards, and guidelines. The following documents are incorporated into this Contract by reference: 1. DSHS HIV and STD Program Operating Procedures and Standards (POPS), located at: http://www.dshs.texas.gov/hivstd/pops/default.shtm; 2. DSHS TB/HIV/STD and Viral Hepatitis Unit Security Policies and Procedures, located at: http://www.dshs.texas.gov/hivstd/policy/security.shtm; 3. CDC STD Program Operations Guidelines, located at: http://www.cdc.gov/std/program/gl-2001.htm; 4. CDC STD Treatment Guidelines, located at: http://www.cdc.gov/std/treatment/; and 5. DSHS HIV and STD Program Policy Reporting Suspected Abuse and Neglect of Children, located at: https://www.dshs.texas.gov/childabusereporting/default.shtm. G. Grantee shall comply with all applicable federal and state regulations and statutes, as amended, which are incorporated by reference, including, but not limited to: DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 6 of 20 Amendment No. 4 1. Chapters 81 and 85 of the Texas Health and Safety Code, especially Section 85.085 of the Texas Health and Safety Code (Physician Supervision of Medical Care), which requires that a licensed physician supervise any medical care or procedure provided under a testing program as required by law; 2. Chapter 94 of the Texas Health and Safety Code (relating to Education and Prevention Programs for Hepatitis C); 3. Chapter 98 of the Texas Health and Safety Code (relating to the reporting of Sexually Transmitted Diseases including Human Immunodeficiency Virus); 4. Title 25 Texas Administrative Code (TAC) Chapter 97; and 5. Section 531.02161 of the Texas Government Code, as an update to provision of services, where there is delivery of an in-person service, there must also be an option of that service by telecommunications or through the use of information technology. H. Grantee shall perform all activities in accordance with the terms of this Contract and any subsequent instructions from DSHS. Grantee shall request DSHS written approval before diverting from applicable policies, procedures, and protocols and must update its implementation documentation within forty-eight (48) hours of making approved change(s). Changes must not be implemented unless DSHS written approval is provided to Grantee. I. Performance measures will be used to assess, in part, Grantee’s effectiveness in providing the services described in this Contract, without waiving the enforceability of any of the other terms of the Contract. J. Grantee shall provide clinical services in accordance with Chapter 12 of DSHS HIV/STD Program POPS for examining, testing, and treating individuals served in public STD clinics. If data indicates that less than 90% of individuals served were examined, tested and/or treated for STD(s) as medically appropriate, within twenty- four (24) hours of seeking services, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. K. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics are medically managed according to Grantee written protocols and in compliance with DSHS HIV/STD Program POPS, and with CDC STD Treatment Guidelines 2021, as revised. L. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics will be referred for Pre-Exposure Prophylaxis/Non- Occupational Post-Exposure Prophylaxis (PrEP/nPEP) services if at increased risk for HIV but currently HIV negative. Individuals to be prioritized for PrEP referrals include: Men who have Sex with Men (MSM) with rectal GC and/or syphilis; individuals who have an HIV+ partner; individuals in the social-sexual network of an identified HIV genotype cluster; and others at increased risk for HIV who could benefit from PrEP. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 7 of 20 Amendment No. 4 M. Grantee shall ensure that individuals seeking STD diagnostic and/or treatment services in public STD clinics, who have been previously diagnosed with HIV and have no evidence of care for more than 12 months, be referred to a DIS or other linkage worker to ensure they are re-engaged into HIV medical care. N. Grantee shall explore mechanisms to expand testing and awareness of STDs via home testing and home self-collection kits and self-collection. O. Grantee shall explore mechanisms to use telemedicine or telehealth for individuals seeking STD diagnostic and treatment services and/or PrEP/nPEP services. P. Grantee shall ensure that a complaint process is maintained and posted in the areas where services are provided, in accordance with Chapter 12 (STI Clinical Standards) of the DSHS HIV/STD Program POPS. Q. Grantee shall maintain a staff retention policy. R. Grantee shall provide routine staffing updates for vacant positions, in accordance with DSHS required format and schedule for reporting. S. Grantee shall participate in targeted evaluation activities and other projects as required by DSHS or CDC. T. Grantee shall ensure that the client survey is conducted at a minimum of two (2) times per year for a total of thirty (30) days. The summary of the feedback must be available for review and identified concerns must be addressed within thirty (30) days of the feedback period. U. Grantee shall establish and maintain mutually agreed upon written procedures with local providers to ensure the provision of partner services in accordance with DSHS HIV/STD Program POPS. The procedures must specify processes (e.g., communication) to facilitate timely partner elicitation by the local health department following the delivery of HIV-positive test results to clients by Grantee. V. Grantee shall establish and maintain mutually agreed upon written procedures with local agencies who provide services frequently needed by clients seeking HIV/STD services from Grantee in accordance with DSHS HIV/STD Program POPS. The procedures must specify processes (e.g., communication) to facilitate timely partner elicitation by the local health department following the delivery of HIV-positive test results to clients by Grantee including, but not limited to, the following services: 1. HIV testing and counseling; 2. STD clinical services; 3. Partner services; 4. HIV medical and support services; 5. Substance use treatment services; 6. Harm reduction services; and 7. Mental health services. At a minimum, such procedures must address conditions associated with making and accepting client referrals. If Grantee provides all of the services in Subsections I(V)(1-7) herein in a specific geographic area, no such agreement is necessary for DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 8 of 20 Amendment No. 4 that area. Grantee shall maintain complete records of all referrals made. These procedures must be finalized and in place within thirty (30) days from the effective date of this Contract. W. Grantee shall ensure that performance of activities under this Contract is of a high quality and consistent with all the requirements of this Contract. X. Grantee shall conduct regular assessments of Grantee’s performance, including compliance with DSHS Program procedures, policies and guidance, contractual conditions, attainment of performance measures, maintenance of adequate staff, and submission of required data and narrative reports. Failure to comply with stated requirements and contractual conditions may result in the immediate loss of Contract funds at the discretion of DSHS. Y. Grantee shall ensure that all staff designated to provide HIV and/or syphilis screening(s) by collecting blood-based specimens, in both field and clinical settings, complete DSHS-approved training prior to providing such services. Supplemental testing must be collected by venipuncture immediately, on site, after a point-of-care preliminary positive test result. Grantee staff shall offer and perform these tests unless the client refuses. HIV and syphilis specimens may be submitted through the DSHS public health laboratory or another laboratory designated by the Grantee and approved in advance by DSHS. Z. Grantee shall ensure that all staff designated to deliver all HIV and/or STD results including positive results, in both field and clinical settings, complete DSHS- approved training prior to providing such services. AA. Grantee shall ensure that all staff conducting field work and designated to disclose the reason s/he is contacting persons (e.g., exposure to someone who tested positive for HIV and wanted to ensure s/he had the ability to be tested, positive test results were received from a provider, laboratory, life insurance company, etc.) complete DSHS-approved training prior to provided such services. BB. Grantee shall ensure that staff performing under this Contract deliver all reactive test results within the designated timeframes referenced in the DSHS HIV/STD Program POPS. Grantee staff shall ensure the client understands the infection(s) s/he has tested reactive for, is offered appropriate treatment for his/her infection(s) and is linked to other medical and social resources as appropriate (e.g., HIV testing and counseling; Pre-Exposure Prophylaxis (PrEP); Harm Reduction Services; STD clinical services; partner services; HIV medical and support services; substance use treatment services; and mental health services). CC. Grantee staff operating under this Contract may be reassigned by DSHS or Grantee to respond to Grantee’s rapid response efforts or another PHFU program's response to address and intervene in the transmission of reportable STDs, HIV and/or other infections. DD. Grantee shall ensure that staff attend training identified by DSHS to respond to activities. The training will include planning, implementation and evaluation of rapid response activities. EE. Grantee shall maintain training records and ensure that staff complete and continue training as required by DSHS. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 9 of 20 Amendment No. 4 II. PERFORMANCE MEASURES A. Overview. Grantee shall follow the requirements for each of the STD Program Objectives in DSHS HIV and STD POPS, with special emphasis on outcomes excerpted below. If the data submitted by Grantee (or otherwise obtained by DSHS) indicates the Grantee's performance does not meet the standards stated in one (1) or more of the objectives, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve performance and Grantee must implement these measures according to a timetable directed by DSHS. B. Public Health Follow-Up (PHFU) Program Objectives 1. For Syphilis Objectives: a. Grantee shall ensure that all individuals newly diagnosed with early syphilis are interviewed within three (3) days of assignment. If data indicates less than 80% of individuals newly diagnosed with early syphilis covered by the scope of this Contract are interviewed as described, DSHS may, at its sole discretion, require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. “Early syphilis” means all syphilis cases that are determined to be primary, secondary, or early non- primary/non-secondary syphilis. The CDC definition of syphilis is located at: https://ndc.services.cdc.gov/case-definitions/syphilis-2018/. b. Grantee shall achieve a partner index of at least 2.0 for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than a 2.0 partner index for all interviews conducted for early syphilis by Disease Intervention Specialists (DIS), DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. c. Grantee shall ensure that all partners initiated (partners obtained from the interview/case management process with locating information as outlined by Chapter 9 (Disease Intervention Specialist Performance Standards) of the DSHS HIV/STD Program POPS to attempt notification on early syphilis interviews)) are notified of the disease exposure. If data indicates less than .75 partner notification index for all initiated partners, DSHS may, at its sole discretion, require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Grantee shall ensure that all partners notified of syphilis exposure are tested and treated for syphilis, including incubating syphilis (disease intervention index). If data indicates less than 60% of notified partners are tested and treated as described, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 10 of 20 Amendment No. 4 percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Grantee shall ensure that a treatment index of at least 0.75 is achieved for all interviews conducted on individuals newly diagnosed with early syphilis. If data indicates less than 0.75 treatment index, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. f. Grantee shall ensure that 80% of pregnant women with syphilis are identified and treated appropriately and timely to prevent congenital syphilis. g. Grantee shall ensure that all infants born to a woman with a history of syphilis in their jurisdiction are investigated and reported within 30 days of receiving report of birth as outlined by DSHS HIV/STI Program POPS, Chapter 23. h. For people of childbearing capacity, Grantee shall maintain a procedure to provide technical assistance and guidance for providers and systems of care that ensures testing for syphilis is conducted, at a minimum, at the first prenatal visit, during third trimester, and at delivery as required by Chapter 81, Texas Health and Safety Code, Section 81.090. i. Grantee shall ensure that all people of childbearing capacity have a documented pregnancy status. If data suggests that less than 90% of people of childbearing capacity with reactive syphilis labs and less than 80% of notified partners, suspects and contacts of childbearing capacity have a documented pregnancy status, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. 2. For HIV Objectives: a. Grantee shall ensure that all individuals newly diagnosed with HIV will be interviewed within seven (7) days in accordance with DSHS HIV/STD Program POPS. If data indicates less than 80% of individuals newly diagnosed with HIV are interviewed as described, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. b. Grantee shall ensure that all individuals interviewed who have been newly diagnosed with HIV complete their first HIV medical appointment. If data indicates less than 85% of new HIV -positive clients interviewed complete their first HIV medical appointment, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 11 of 20 Amendment No. 4 must follow those additional measures, and do so according to the timetable mandated by DSHS. c. Grantee shall achieve a partner index of at least 2.0 for interviews conducted on individuals newly diagnosed with HIV. If data indicates a partner index of less than 2.0 for individuals interviewed by DIS, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. d. Grantee shall ensure that all partners initiated (partners obtained from the interview/case management process with enough locating information to attempt notification) on a new HIV interview are notified of the disease exposure. If data indicates less than 0.75 partner notification index, DSHS may (at its sole discretion) require additional measures be taken by the Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. e. Grantee shall ensure that all partners notified for HIV exposure are tested for HIV. If data indicates less than 60% of the notified partners are tested for HIV, DSHS may (at its sole discretion) require additional measures be taken by Grantee to improve that percentage. In that scenario, Grantee must follow those additional measures, and do so according to the timetable mandated by DSHS. f. Grantee shall ensure that all persons receiving PHFU (initiated partners, those co-infected with a bacterial STD such as syphilis, gonorrhea, and/or chlamydia, and/or individuals in the social-sexual network of an identified HIV genotype cluster) who have been previously diagnosed with HIV and have no evidence of care for more than 12 months are re- engaged to establish HIV medical services. The activities taken to locate the person must be documented in the designated data system. This includes confirmation that the client attended his/her HIV medical care appointment. All the tasks described in this provision must be completed by a Disease Intervention Specialist (DIS). C. STD Surveillance Objectives 1. Grantee shall ensure 95% of the values for age, sex, county, facility type, and specimen collection date are collected for syphilis reporting. 2. Grantee shall ensure 95% of the values for age, sex, county, facility type, specimen collection date, race/ethnicity, gender identity, sexual orientation, sex of sex partners, pregnancy status, clinical signs/symptoms, HIV status, substance use, treatment received, and date of treatment are collected for primary and secondary syphilis reporting. 3. Grantee shall ensure 75% of syphilis cases have a documented adverse outcome status (possible, likely, verified, no) for neurological, ocular and otic manifestations. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 12 of 20 Amendment No. 4 III. TRAINING REQUIREMENTS A. Grantee shall ensure that staff comply with minimum training requirements of personnel operating under this Contract. Compliance will be monitored by DSHS. B. Grantee shall notify DSHS of completed trainings in the Semiannual reports referenced in Section IV, Reporting Requirements, herein. C. Grantee shall require their staff to attend and ensure attendance of training, conferences, and meetings as directed by DSHS and described in this Section. D. DIS staff members must: 1. Read and acknowledge Chapters 3 (HIV/STI Partner Services and Seropositive Notification) and 9 (Disease Intervention Specialists Performance Standards) of the DSHS HIV/STD Program POPS; 2. Complete DSHS-approved Fundamentals of STD Intervention (FSTDI), including all prerequisites, within six (6) months of employment; 3. Complete DSHS-approved Fundamentals of Counseling and Testing (FCT) or equivalent within six (6) months of employment; 4. Complete training in, and demonstrate knowledge of, the designated database management system; 5. Participate in the HIV Navigation in Texas (HNT) within one (1) year of employment; 6. Complete field specimen collection and phlebotomy training that has been approved by the local health authority or clinical designee within sixty (60) days of employment; 7. Demonstrate phlebotomy and specimen collection skills and competency before field specimen collection and annually thereafter. The Grantee shall maintain records of the completed training(s) and skills competency evaluations; 8. Complete training for all locally sanctioned testing technologies used for specimen collection and processing; 9. If having more than one (1) year of experience, complete additional courses as required by DSHS; and 10. If assigned to complete Congenital Syphilis (CS) Investigations, complete CS trainings as directed by the CS Coordinator. E. First-Line Supervisors (FLS) staff must: 1. Read and acknowledge Chapters 10 (First-Line Supervisors Performance Standards) and 11 (Regional and Local Health Department HIV/STD Program Manager Performance Standards); 2. Complete all training activities which are required for DIS under this Contract, and FLS must also take the next available Texas First-Line Supervisor (TXFLS) training; 3. If new to the jurisdiction, participate in the HIV Navigation in Texas within one (1) year of employment; 4. Attend the DSHS FLS Summit; DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 13 of 20 Amendment No. 4 5. Attend quarterly DSHS FLS calls; 6. Attend any other required DSHS trainings, as scheduled; and 7. If assigned to review and approve Congenital Syphilis (CS) Investigations, complete CS trainings as directed by the CS Coordinator. F. Program Manager (PM) staff members must: 1. Read and demonstrate understanding of the following DSHS HIV/STD Program POPS chapters: Chapter 3 (HIV/STI Partner Services and Seropositive Notification), Chapter 9 (Disease Intervention Specialists Performance Standards), Chapter 10 (First-Line Supervisors Performance Standards), and Chapter 11 (Regional and Local Health Department HIV/ Program Manager Performance Standards); 2. Complete all training requirements of DIS and FLS; 3. Attend DSHS Leadership Meeting; and 4. Attend monthly DSHS Leadership calls. G. STD Surveillance staff members must: 1. Read and acknowledge Chapter 8 (HIV/STI Surveillance) of DSHS HIV/STD Program POPS; 2. Attend STD Surveillance training, as scheduled by DSHS; 3. Attend STD Surveillance monthly meetings, as scheduled by DSHS; and 4. Attend any other DSHS-required trainings. H. Additional recommended trainings and topics for all program staff include: 1. Health Insurance Portability and Accountability Act (HIPAA); 2. Ethics; 3. Field Safety; 4. Health Disparities; 5. Cultural Humility; 6. CPR/First Aid; 7. Automated External Defibrillators (AED); 8. Defensive Driving; 9. Approaches in Harm Reduction; 10. Self-Defense; 11. Non-Violent Crisis Intervention; 12. Status Neutral Biomedical Approaches to HIV Prevention (Early Intervention, PrEP, nPEP); 13. Motivational Interviewing; 14. Technical Writing; 15. Computer Skills; 16. Linkage to Care; 17. Gender and Sexual Diversity; 18. HIV Care and Treatment; 19. Human Trafficking; 20. Substance Use; 21. Mental Health; and 22. Case Notes Documentation. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 14 of 20 Amendment No. 4 IV. CONFIDENTIALITY A. Grantee shall designate and identify a HIPAA Privacy Officer, who is authorized to act on behalf of Grantee and is responsible for the development and implementation of the privacy and security requirements of federal and state privacy laws. B. Grantee shall ensure that its security procedures require that all of its computers and networks meet DSHS security standards, as certified by DSHS IT staff. C. Grantee shall provide a list to DSHS of personnel with access to secured areas and of all identified personnel who have received security training. D. Grantee shall provide a list to DSHS of personnel with access to all network drives where confidential information is stored and of all identified personnel who have received security training. E. Grantee shall ensure that requests for HIV/STD system user account terminations are sent to DSHS within one business day of the identification of need for account termination. F. Grantee shall transfer secure data electronically using the Public Health Information Network. G. Grantee shall maintain a visitors’ log for individuals entering the secured areas; this must be reviewed quarterly by the LRP. H. Grantee shall verify HIV/STD system user passwords are changed at least every ninety (90) days; this must be verified by the LRP. I. Grantee shall ensure that portable devices used to store confidential data are approved by the LRP and encrypted. J. Grantee shall ensure that confidential data and documents are: (1) maintained in a secured area; (2) locked when not in use; (3) not left in plain sight; and (4) shredded before disposal. V. HIV/STD RAPID RESPONSE PLAN A. DSHS will review the proposed Rapid Response Plan and provide guidance to the Grantee. B. Grantee shall develop, update, and submit a local HIV/STD Rapid Response Plan, and submit by February 1 of each year of the Contract to the designated DSHS staff. The plan must include how the Grantee will: 1. Identify responsible parties for planned activities including, but not limited to, response coordinator, activity team lead, collaborative lead, and medical lead; 2. Identify increases in disease or outbreaks; DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 15 of 20 Amendment No. 4 3. Increase active surveillance; 4. Examine outbreak characteristics; 5. Educate health care providers and the community of disease outbreak (e.g., including signs/symptoms, available resources, disease trends, reporting requirements, testing algorithms, and testing/treatment options); 6. Inform media outlets, as appropriate; 7. Conduct targeted screening efforts including testing in correctional settings (as appropriate); 8. Enhance partner services; 9. Expand clinical access and services (e.g., increase clinical hours or days of services, employ rapid testing, enhance prophylactic treatment protocols); and 10. Adjust work hours for employees involved in the response to allow staff to work alternate hours or extended hours during response. C. Grantee shall establish and maintain collaborative relationships with local businesses, community clinics, and community-based organizations who serve populations most affected by HIV or other STDs, as well as with appropriate local and institutional individuals and groups (e.g., providers, hospitals, mental health and intellectually disabled facilities, infection control nurses), in order to implement the local Rapid Response Plan. D. Grantee shall continue to enhance their current HIV/STD surveillance system, including, but not limited to, improving reporting of providers and laboratories; and increasing the number of sites that report electronically. E. Grantee shall make all DSHS-directed revisions to the Rapid Response Plan and submit a revised version to the DSHS designated program consultant by the directed deadline. F. Grantee shall notify local leadership and key stakeholders of the finalized plan and maintain a copy within the Program. G. Grantee shall comply with the final, DSHS-approved version of the Rapid Response Plan when an outbreak is identified. H. Grantee shall designate program DIS persons to respond to local and statewide rapid response activities when necessary. The identified staff must complete DSHS identified trainings prior to assignment. The number of staff will be as directed by the DSHS Rapid Response Team leader, to conduct disease intervention activities as prescribed in the Grantee’s final, approved STD Rapid Response Plan. I. Grantee shall participate in, follow guidelines for, and complete HIV cluster response activities for preventing and managing HIV outbreaks according to the Texas Cluster Detection and Response Plan. Grantee will designate staff members to respond to cluster assignments as directed by the Texas Cluster Detection Response Team. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 16 of 20 Amendment No. 4 VI. REPORTING REQUIREMENTS A. Grantee shall submit reports to DSHS in accordance with the schedule outlined in this section for the corresponding calendar year. B. CALENDAR YEAR 2022 REPORTING: REPORT NAME FREQUENCY PERIOD STARTS PERIOD ENDS DUE DATE Semiannual Report First six (6) months 03/01/2022 08/31/2022 09/30/2022 Semiannual Report Remaining five (5) months 09/01/2022 01/31/2023 02/28/2023 Congenital Syphilis Case Investigation and Infant Syphilis Control Records Monthly 03/01/2022 01/31/2023 Due thirty (30) calendar days after period being reported. Note: This Report is submitted through THISIS and is subject to HIPAA and PHI data requirements. Local Responsible Party (LRP) Report First six (6) months 03/01/2022 08/31/2022 09/30/2022 Final LRP Report Remaining five (5) months 09/01/2022 01/31/2023 02/28/2023 Financial Status Report (FSR) Biannually 03/01/2022 08/31/2022 09/30/2022 Final FSR Remaining five (5) months 09/01/2022 01/31/2023 03/15/2023 C. CALENDAR YEAR 2023 REPORTING: REPORT NAME FREQUENCY PERIOD STARTS PERIOD ENDS DUE DATE Semiannual Report First five (5) months 02/01/2023 06/30/2023 07/31/2023 Semiannual Report Remaining six (6) months 07/01/2023 12/31/2023 01/31/2024 DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 17 of 20 Amendment No. 4 Congenital Syphilis Case Investigation and Infant Syphilis Control Records Monthly 02/01/2023 12/31/2023 Due thirty (30) calendar days after period being reported. Note: This Report is submitted through THISIS and is subject to HIPAA and PHI data requirements. Local Responsible Party (LRP) Report First five (5) months 02/01/2023 06/30/2023 07/31/2023 Final LRP Report Remaining six (6) months 07/01/2023 12/31/2023 01/31/2024 Financial Status Report (FSR) Biannually 02/01/2023 06/30/2023 07/31/2023 Final FSR Remaining six (6) months 07/01/2023 12/31/2023 02/15/2024 D. CALENDAR YEAR 2024 REPORTING: REPORT NAME FREQUENCY PERIOD BEGIN PERIOD END DUE DATE Semiannual Report First six (6) months 01/01/2024 06/30/2024 07/31/2024 Semiannual Report Remaining six (6) months 07/01/2024 12/31/2024 01/31/2025 Congenital Syphilis Case Investigation and Infant Syphilis Control Records Monthly 01/01/2024 12/31/2024 Due thirty (30) calendar days after period being reported. Note: This Report is submitted electronically and is subject to HIPAA and PHI data requirements. Local Responsible Party Biannual Security Assessment (LRP) Report First six (6) months 01/01/2024 06/30/2024 07/31/2024 DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 18 of 20 Amendment No. 4 Local Responsible Party Biannual Security Assessment (LRP) Report Remaining six (6) months 07/01/2024 12/31/2024 01/31/2025 Financial Status Report (FSR) First six (6) months 01/01/2024 06/30/2024 07/31/2024 Final FSR Remaining six (6) months 07/01/2024 12/31/2024 02/15/2025 VII. INVOICE AND BUDGET A. Invoices must be submitted monthly. Grantee shall submit timely “zero dollar” invoices if Grantee does not incur expenses during the month. Invoices and all supporting documentation must be emailed to invoices@dshs.texas.gov and cmsinvoices@dshs.texas.gov simultaneously. Grantee shall submit a final close-out invoice and final financial status report no later than 45 calendar days following the end of each Contract period. Invoices received more than 45 calendar days past the end of the Contract term are subject to denial of payment. B. DSHS will monitor Grantee’s expenditures on a biannual basis. If expenditures are below the Contract amount of the budget year, then, System Agency, in its sole discretion, may reduce the Grantee’s budget for the remainder of the Contract term. System Agency also may reduce Grantee’s budget if Grantee has vacant positions existing for more than ninety (90) consecutive calendar days. C. Grantee shall maintain an inventory of equipment, supplies, and real property. Grantee shall submit an annual cumulative report on DSHS Grantee’s Property Inventory Report to the DSHS Contract Representative and FSOequip@dshs.texas.gov by email not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500.00 or more, but less than $5,000.00: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets do not include a capitalized asset, real property, an improvement to real property, or infrastructure. D. DSHS-approved budget may be revised by Grantee in accordance with the following requirements: 1. For any transfer between budget categories, Grantee shall provide notification of transfer between budget categories by submission of a request for budget change in DSHS-directed format (hereafter the “Budget Change Form”) to the DSHS Contract Representative, highlighting the areas affected by the budget transfer and DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 19 of 20 Amendment No. 4 written justification for the transfer request. After DSHS review, the designated DSHS Contract Representative will provide notification of acceptance or rejection to Grantee by email. 2. For transfer of funds between budget categories, other than the ‘Equipment’ and ‘Indirect Cost’ categories, for less than or equal to cumulative twenty-five (25) percent of the total value of the respective Contract budget period, Grantee shall timely submit the Budget Change Form for DSHS approval. If approved, the revised budget will be incorporated into the Contract. 3. For transfer of funds between budget categories, other than the ‘Equipment’ and ‘Indirect Cost’ categories, that cumulatively exceeds twenty-five (25) percent of the total value of the respective Contract budget period, Grantee shall submit timely written notification to DSHS Contract Representative using the Budget Change Form and request DSHS approval. If the revision is approved, then the budget revision is not authorized and the funds cannot be utilized until an amendment incorporating the change(s) is executed by the Parties. 4. Any transfer between budget categories that includes ‘Equipment’ and/or ‘Indirect Cost’ categories must be incorporated by amendment. Grantee shall submit timely written notification to DSHS Contract Representative using the Budget Change Form and request DSHS approval. If the revision is approved, then budget revision is not authorized and the funds cannot be utilized until an amendment incorporating the change(s) is executed by the Parties. DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F DSHS Contract No. HHS001120300007 Page 20 of 20 Amendment No. 4 ATTACHMENT B-4 BUDGET FOR 2024 CALENDAR YEAR Budget Category 2024 Calendar Year (January 1, 2024 through December 31, 2024) PERSONNEL $61,200.00 FRINGE BENEFITS $26,622.00 TRAVEL $1,886.00 EQUIPMENT $5,000.00 SUPPLIES $10,500.00 CONTRACTUAL $0.00 OTHER $0.00 TOTAL DIRECT CHARGES $105,208.00 INDIRECT CHARGES $0.00 TOTAL $105,208.00 DocuSign Envelope ID: 25D11021-BBF8-4B71-9521-BD902ACF8B1F Certificate Of Completion Envelope Id: 25D11021BBF84B719521BD902ACF8B1F Status: Sent Subject: Please DocuSign: CORPUS CHRISTI-NUECES , $388,000.00, AMENDMENT NO. 4 Source Envelope: Document Pages: 19 Signatures: 0 Envelope Originator: Certificate Pages: 2 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled EnvelopeId Stamping: Enabled Time Zone: (UTC-06:00) Central Time (US & Canada) 11493 Sunset Hills Road #100 Reston, VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.9 Record Tracking Status: Original 10/19/2023 1:58:41 PM Holder: CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Location: DocuSign Signer Events Signature Timestamp Fauzia Khan FauziaK@cctexas.com Security Level: Email, Account Authentication (None) Sent: 10/19/2023 2:18:44 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign Susana Garcia Susana.Garcia@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Patty Melchior Patty.Melchior@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Josh Hutchison Josh.Hutchison@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Kevin Hensley kevinhe@cctexas.com Security Level: Email, Account Authentication (None) Sent: 10/19/2023 2:18:44 PM Viewed: 10/19/2023 2:19:16 PM Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.InternalRouting@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Martha Jasse Martha.Jasse@dshs.texas.gov Security Level: Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/19/2023 2:18:44 PM Payment Events Status Timestamps Two Reading Ordinance Ordinance appropriating $105,208.00 in the Health Grant Fund for an increase in the STD/HIV-DIS Prevention Services Program Grant from the Texas Department of State Health Services (DSHS) to provide STD/HIV prevention and control services for calendar year 2024. November 14, 2023 November 14, 2023 Background and Findings STD/HIV Prevention Services •Investigate and report new cases of Syphilis and HIV to DSHS •Intervene in the spread of new cases of syphilis, HIV, chlamydia, and gonorrhea through testing, treatment, and disease investigation •Prevent cases of congenital syphilis through disease reporting, disease investigation, and disease intervention The STD/HIV Prevention Services Grant Amendment No. 4 Budget breakdown: •$87,822 for personnel (including salary and fringe) •$1,886 for travel (including mileage for field visits to clients) •$5,000 for computer equipment, •$10,500 for clinical supplies Total grant amount of $105,208 for FY24 November 14, 2023 Background and Findings The STD/HIV-DIS Prevention Services Program Grant began on March 1, 2022. Since that time, the contract has had 4 amendments. These amendments included supplemental funding increases and the renewal of the contract every year. The STD/HIV Prevention Services Grant employs one full-time equivalent employee. Time Period Allocated Funding/Budget Notes 3-1-2022 to 8-31-2022 52,604 Original Contract 8-1-2022 to 12-31-2022 52,604 Amendment 1 1-1-2022 to 12-31-2022 72,379 (Supplemental, one time funding allocation for equipment) Amendment 2 1-1-2023 to 12-31-2023 105,208 Amendment 3 1-1-2024 to 12-31-2024 105,208 Amendment 4 Revised Contract total not-to-exceed Contract amount of $388,000.00 Fiscal Impact and Staff Recommendation Funding Impact: Total Operating budget is $105,208 for FY24 •January 1, 2024, to December 31, 2024 •There is no fiscal impact. The grant requires no match. All positions are 100% grant-funded. •As of FY24 the total contract value is $388,000.00 Staff Recommendation: Approval of the two reading ordinance November 14, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 DATE: SReimbursement Agreement for up to $3,843,000.17 with The Mostaghasi Investment Trust DBA Sun George Contracting Company, to construct the Wastewater Lift Station for River Ridge Unit 4, Lot 6 Block 1, approved by the Planning Commission on CAPTION: Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, L.P. purposed to construct water arterial transmission grid main line to serve and develop a new planned development. This ordinance is to extend the allowable time on the agreement by an additional 24 months and increase the reimbursable by $109,742.04 for a total contracted amount of $219,096.24. BACKGROUND AND FINDINGS: City and Developer entered into a reimbursement agreement dated November 7, 2017 for the construction of a required water arterial transmission and gid main line for a total cost of $109,354.20. Agreement between the City and the Developer is currently on the fifth amendment for time: First Amendment – November 7, 2018, for 12 months Second Amendment – November 7, 2019, for 12 months Third Amendment – November 7, 2020, for 12 months Fourth Amendment – November 7, 2021, for 24 months This constitutes a fifth amendment to the contract. However, in previous amendments, the Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and a cost increase due to an increase in expected cost. Following is a table Amendment to Reimbursement Agreement with MPM Development, L.P. Royal Creek Unit 7 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting November 14, 2023 Second Reading Ordinance for the City Council Meeting November 28, 2023 showing the original cost estimates versus the proposed new cost estimates for the project. Original Cost Estimate Revised Cost Estimate Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12-Inch PVC Pipe 1,187 LF $60.00 $71,220.00 1 12-Inch PVC Pipe 1,187 LF $112.00 $132,944.00 2 12-Inch Tee 5 EA $850.00 $4,250.00 2 12-Inch Tee 5 EA $1,200.00 $6,000.00 3 12-Inch Capped Tee for 2- Inch 2 EA $350.00 $700.00 3 12-Inch Capped Tee for 2- Inch 2 EA $500.00 $1,000.00 4 12-Inch Gate Valve w/ Box 4 EA $3,200.00 $12,800.00 4 12-Inch Gate Valve w/ Box 4 EA $5,000.00 $20,000.00 5 6-Inch PVC Pipe 14 LF $32.00 $448.00 5 6-Inch PVC Pipe 14 LF $60.00 $840.00 6 Fire Hydrant Assembly 3 EA $4,000.00 $12,000.00 6 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 7 6-Inch Gate Valve w/ Box 3 EA $950.00 $2,850.00 7 6-Inch Gate Valve w/ Box 3 EA $2,000.00 $6,000.00 8 6-Inch 90 Degree Elbow 2 EA $300.00 $600.00 8 6-Inch 90 Degree Elbow 2 EA $600.00 $1,200.00 9 6-Inch Diameter by 30-Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 9 6-Inch Diameter by 30-Inch PVC Pipe Nipple 6 EA $500.00 $3,000.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 10% CONTINGINCIES $0.00 10% CONTINGINCIES $0.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 ENGINEERING, SURVEYING & TESTING $11,700.48 ENGINEERING, SURVEYING & TESTING $21,712.24 SUBTOTAL $118,068.48 SUBTOTAL $219,096.24 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) $8,714.28 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) ORIGINAL REIMBURSEMENT AMOUNT $109,354.20 REVISED REIMBURSEMENT AMOUNT $219,096.24 ALTERNATIVES: Deny the amendment all together. Deny the increase in cost but approve the time extension. FINANCIAL IMPACT: The total cost of the project was originally $118,068.48 less the $8,714.28 lot/acreage fee credit, the reimbursable amount was $109,354.20. Increased cost estimates of $219,096.24 require additional funding; bringing the total additional funds of $109,742.04 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the developer per the agreement not to exceed $219.096.24. Funding Detail: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.1.C.. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Exhibit Location Map Presentation 1 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $109,742.04 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City’s Unified Development Code (“UDC”), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 103.015 acres known as Oso Creek Corner Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Water Arterial Transmission & Grid Main (“Water Improvements”); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements constructed to their ultimate capacity under the City’s applicable Master Plan; WHEREAS, the City’s participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City’s assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse the Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be fifth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development, and/or the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E; and WHEREAS, the developer will only proceed with construction if the reimbursement 2 reflects an update to the cost of construction. NOW THEREFORE, 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 amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to November 7, 2025, and to increase reimbursement by $109,742.04 for a total not to exceed amount of $219,096.24 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 7. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $109,742.04 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $109,742.04 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary FIFTH AMENDMENT OF WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to reimburse the Developer/Owner for Wastewater Improvements fully; and WHEREAS, the Developer may be reimbursed when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer/Owner has priority per UDC §8.5.2. E. This is an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Document number 2017048024, for Royal Creek Unit 7, originally dated November 7, 2017, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Section 5 and Section 15 as follows: 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS The Developer shall award a contract and complete the improvements to a 12-inch water line under the approved plans and specifications by November 7, 2025. Section 15, Subsection e is added as follows: e. To account for the increase in cost as shown in the Updated Cost Estimate in Exhibit 6, the Developer may be reimbursed an additional $109,742.04. Developer/Owner may be reimbursed the additional $109,742.04 when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this _____ day of __________________, 2023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. ______________________________ _______________________ Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: ______________________________ Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount 1 12-Inch PVC Pipe 1,187 LF $60.00 $71,220.00 1 12-Inch PVC Pipe 1,187 LF $112.00 $132,944.00 1 12-Inch PVC Pipe 1,187 LF $52.00 $61,724.00 2 12-Inch Tee 5 EA $850.00 $4,250.00 2 12-Inch Tee 5 EA $1,200.00 $6,000.00 2 12-Inch Tee 5 EA $350.00 $1,750.00 3 12-Inch Capped Tee for 2-Inch 2 EA $350.00 $700.00 3 12-Inch Capped Tee for 2-Inch 2 EA $500.00 $1,000.00 3 12-Inch Capped Tee for 2-Inch 2 EA $150.00 $300.00 4 12-Inch Gate Valve w/ Box 4 EA $3,200.00 $12,800.00 4 12-Inch Gate Valve w/ Box 4 EA $5,000.00 $20,000.00 4 12-Inch Gate Valve w/ Box 4 EA $1,800.00 $7,200.00 5 6-Inch PVC Pipe 14 LF $32.00 $448.00 5 6-Inch PVC Pipe 14 LF $60.00 $840.00 5 6-Inch PVC Pipe 14 LF $28.00 $392.00 6 Fire Hydrant Assembly 3 EA $4,000.00 $12,000.00 6 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 6 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 7 6-Inch Gate Valve w/ Box 3 EA $950.00 $2,850.00 7 6-Inch Gate Valve w/ Box 3 EA $2,000.00 $6,000.00 7 6-Inch Gate Valve w/ Box 3 EA $1,050.00 $3,150.00 8 6-Inch 90 Degree Elbow 2 EA $300.00 $600.00 8 6-Inch 90 Degree Elbow 2 EA $600.00 $1,200.00 8 6-Inch 90 Degree Elbow 2 EA $300.00 $600.00 9 6-Inch Diameter by 30-Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 9 6-Inch Diameter by 30-Inch PVC Pipe Nipple 6 EA $500.00 $3,000.00 9 6-Inch Diameter by 30-Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 $106,368.00 $197,384.00 $91,016.00 $0.00 $0.00 $0.00 $106,368.00 $197,384.00 $91,016.00 $11,700.48 $21,712.24 $10,011.76 $118,068.48 $219,096.24 $101,027.76 $8,714.28 $8,714.28 $109,354.20 $219,096.24 $109,742.04 $109,354.20 $219,096.24 $109,742.04 Original Amount: Revised Reimburseable Amount: Total Cost Amendment Request on Reimbursement Amount Original Cost Estimate Revised Cost Estimate 10% CONTINGINCIES 10% CONTINGINCIES ENGINEERING, SURVEYING & TESTING ENGINEERING, SURVEYING & TESTING Cost Amendment Request of Contract Agreement SUBTOTAL SUBTOTAL SUBTOTAL 10% CONTINGINCIES SUBTOTAL SUBTOTAL SUBTOTAL ENGINEERING, SURVEYING & TESTING SUBTOTAL SUBTOTAL SUBTOTAL ORIGINAL REIMBURSEMENT AMOUNT REVISED REIMBURSEMENT AMOUNT TOTAL COST AMENDMENT REQUEST LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) (Previously Included) Project Type:Water Arterial Transmission and Grid Main Contract Holder:MPM Development, L.P. Contract Date:11/7/2017 Project Name:Royal Creek Unit 7 1 Royal Creek Unit 7 Reimbursement Agreement Number 5 Ordinance authorizing an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (“Agreement”) with MPM Development, L.P. (“Developer”) for both time and cost to reimburse the construction of a required water arterial transmission and grid main line for Royal Creek Unit 7, the proposed development located off Oso Parkway and Rock Crest Dr. Amending the contract for an additional 24 months and increasing the funding by $109,742.04 for a total not to exceed $219,096.24 (District 5). 2 Location Map Royal Creek Estates Unit 7 (12.116 Acres) 3 Extension of Time November 7, 2017 MPM Development, LP and the City entered a 12-month reimbursement agreement constructing a water arterial transmission and grid main line. November 7, 2018 Reimbursement Amendment #1 for time (extended for 12 months) November 7, 2019 Reimbursement Amendment #2 for time (extended for 12 months) November 7, 2020 Reimbursement Amendment #3 for time (extended for 12 months) November 7, 2021 Reimbursement Amendment #4 for time (extended for 12 months) November 7, 2023 Request for Reimbursement Amendment #5 for time extension (24 months) and increase in cost 4 Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12-Inch PVC Pipe 1,187 LF $60.00 $71,220.00 1 12-Inch PVC Pipe 1,187 LF $112.00 $132,944.00 1 12-Inch PVC Pipe 1,187 LF $52.00 $61,724.00 2 12-Inch Tee 5 EA $850.00 $4,250.00 2 12-Inch Tee 5 EA $1,200.00 $6,000.00 2 12-Inch Tee 5 EA $350.00 $1,750.00 3 12-Inch Capped Tee for 2-Inch 2 EA $350.00 $700.00 3 12-Inch Capped Tee for 2-Inch 2 EA $500.00 $1,000.00 3 12-Inch Capped Tee for 2-Inch 2 EA $150.00 $300.00 4 12-Inch Gate Valve w/ Box 4 EA $3,200.00 $12,800.00 4 12-Inch Gate Valve w/ Box 4 EA $5,000.00 $20,000.00 4 12-Inch Gate Valve w/ Box 4 EA $1,800.00 $7,200.00 5 6-Inch PVC Pipe 14 LF $32.00 $448.00 5 6-Inch PVC Pipe 14 LF $60.00 $840.00 5 6-Inch PVC Pipe 14 LF $28.00 $392.00 6 Fire Hydrant Assembly 3 EA $4,000.00 $12,000.00 6 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 6 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 7 6-Inch Gate Valve w/ Box 3 EA $950.00 $2,850.00 7 6-Inch Gate Valve w/ Box 3 EA $2,000.00 $6,000.00 7 6-Inch Gate Valve w/ Box 3 EA $1,050.00 $3,150.00 8 6-Inch 90 Degree Elbow 2 EA $300.00 $600.00 8 6-Inch 90 Degree Elbow 2 EA $600.00 $1,200.00 8 6-Inch 90 Degree Elbow 2 EA $300.00 $600.00 9 6-Inch Diameter by 30- Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 9 6-Inch Diameter by 30- Inch PVC Pipe Nipple 6 EA $500.00 $3,000.00 9 6-Inch Diameter by 30- Inch PVC Pipe Nipple 6 EA $250.00 $1,500.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 SUBTOTAL $91,016.00 10% CONTINGINCIES $0.00 10% CONTINGINCIES $0.00 10% CONTINGINCIES $0.00 SUBTOTAL $106,368.00 SUBTOTAL $197,384.00 SUBTOTAL $91,016.00 ENGINEERING, SURVEYING & TESTING $11,700.48 ENGINEERING, SURVEYING & TESTING $21,712.24 ENGINEERING, SURVEYING & TESTING $10,011.76 SUBTOTAL $118,068.48 SUBTOTAL $219,096.24 SUBTOTAL $101,027.76 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC)$8,714.28 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) (Previously Included)$8,714.28 ORIGINAL REIMBURSEMENT AMOUNT $109,354.20 REVISED REIMBURSEMENT AMOUNT $219,096.24 TOTAL COST AMENDMENT REQUEST $109,742.04 5 Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Recommendation DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 DATE: SReimbursement Agreement for up to $3,843,000.17 with The Mostaghasi Investment Trust DBA Sun George Contracting Company, to construct the Wastewater Lift Station for River Ridge Unit 4, Lot 6 Block 1, approved by the Planning Commission on CAPTION: Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed the amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, L.P. purposed to construct water arterial transmission grid main line to serve and develop a new planned development. The original cost estimate was from 2017, however, due to the continual rise in material and construction costs the total amount of the project is higher than originally expected. The developer has requested an amendment to the reimbursement agreement by an increase of $190,212.64. The total reimbursement amount will be $374,023.38. BACKGROUND AND FINDINGS: City and Developer entered into a reimbursement agreement dated December 8, 2018, for the construction of a required water arterial transmission and gid main line for a total cost of $183,810.74. Agreement between the City and the Developer is currently on the fourth amendment for time: First amendment – December 8, 2019, for 12 months Second amendment – December 8, 2020, for 12 months Third amendment – December 8, 2021, for 24 months This constitutes a fourth amendment to the contract. However, in previous amendments, the Amendment to Reimbursement Agreement with MPM Development, L.P. Royal Creek Unit 8 AGENDA MEMORANDUM Public Hearing & First Reading Ordinance for the City Council Meeting November 14, 2023 Second Reading Ordinance for the City Council Meeting November 28, 2023 Developer only requested amendments for time and not for cost. Included in this amendment is an extension to time and a cost increase due to an increase in expected cost. Following is a table showing the original cost estimates versus the proposed new cost estimates for the project. Water Items Qty Original Unit Cost Estimate Revised Unit Cost Estimate 1 12-Inch PVC Pipe 1,384 LF $60.00 $112.00 2 12-Inch Cap Tapped for 2-inch 1 EA $350.00 $500.0 3 12-Inch Tee 4 EA $850.00 $1,200.00 4 Crushed Stone embedment for 12-inch Water 1,384 EA $30.00 $40.00 5 Dewatering for 12-inch Water 1,384 LF $20.00 $60.00 6 6-inch PVC Nipple 9 EA $250.00 $450.00 7 6-Inch Gate Valve with Box 3 EA $950.00 $2,000.00 8 6-inch 90 Degree Elbow 3 EA $300.00 $600.00 9 Fire Hydrant Assembly 3 EA $4,000.00 $8,800.00 ALTERNATIVES: Deny the amendment altogether. Deny the increase in cost but approve the time extension. FISCAL IMPACT: The total cost of the project was originally $183,810.74 less the $7,578.26 lot/acreage fee credit, the reimbursable amount was $183,810.74. Increased cost estimates of $190,212.64 require additional funding; bringing the total funds of $190,212.64 from the Water Arterial Transmission and Grid Main Trust Fund to reimburse the developer per the agreement not to exceed $374,023.38 Funding Detail: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The request is in accordance with UDC Section §8.5.1.C. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Amendment Exhibit Location Map Presentation 1 Ordinance authorizing an amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $190,212.64 to reimburse the developer in accordance with the agreement. WHEREAS, the Developer/Owner, in compliance with the City’s Unified Development Code (“UDC”), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 103.015 acres known as Oso Creek Corner Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the Water Arterial Transmission & Grid Main (“Water Improvements”); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements constructed to their ultimate capacity under the City’s applicable Master Plan; WHEREAS, the City’s participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City’s assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse the Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be sixth-in-line in the order for reimbursement from the Water Arterial Transmission & Grid Main Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; WHEREAS, if the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other developments, and/or the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E; and WHEREAS, the developer will only proceed with construction if the reimbursement 2 reflects an update to the cost of construction. NOW THEREFORE, 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 amendment to the Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement with MPM Development, LP to extend the contract term to December 6, 2025, and to increase reimbursement by $190,212.64 for a total not to exceed amount of $374,023.38 for construction of a 12-inch water arterial transmission grid main line for residential development, Royal Creek Estates Unit 8. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $190,212.64 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $190,212.64 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary THIRD AMENDMENT OF WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT WHEREAS, the Water Arterial Transmission and Grid Main Trust Fun does not currently have sufficient funds to reimburse the Developer/Owner for Wastewater Improvements fully; and WHEREAS, the Developer/Owner may be reimbursed when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer has priority per UDC §8.5.2. E. This is an amendment to the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Document number 2018053884, for Royal Creek Unit 8, originally dated December 6, 2018, by and between MPM Development, L.P. and the City of Corpus Christi. NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement, Section 6, Subsection e of Section 9, and Section 16 as follows: 6. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS The Developer shall award a contract and complete the improvements to the Grid Main Extension under the approved plans and specifications by December 6, 2025. 9. DEFAULT e. Developer/Owner’s contractor fails to complete construction of the project under the approved plans and specifications on or before December 6, 2025. Section 16, Subsection f is added as follows: f. To account for the increase in cost, as shown in the Updated Cost estimate in Exhibit 6, the Developer/Owner may be reimbursed an additional $190,212.64. The Developer/Owner may be paid the additional $190,212.64 when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and the Developer/Owner has priority per UDC §8.5.2. E. All other terms and conditions of the original agreement remain effective and in full force. EXECUTED IN ONE ORIGINAL and made effective this _____ day of __________________, 2023. CITY OF CORPUS CHRISTI MPM DEVELOPMENT, L.P. ______________________________ ______________________________ Al Raymond III, AIA, CBO Mossa Moses Mostaghasi Director of Development Services General Partner APPROVED AS TO FORM: ______________________________ Buck Brice (Date) Deputy City Attorney For City Attorney EXHIBIT 6 Updated Cost Estimate Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount Water Items Qty t Unit Price Amount 1 12 Inch PVC Pipe 1,384 LF 60.00$ $83,040.00 1 12 Inch PVC Pipe 1,384 LF $112.00 $155,008.00 1 12 Inch PVC Pipe 1,384 LF $52.00 $71,968.00 2 12 Inch Cap Tapped for 2 Inch 1 EA 350.00$ $350.00 2 12 Inch Cap Tapped for 2 Inch 1 EA $500.00 $500.00 2 12 Inch Cap Tapped for 2 Inch 1 EA $150.00 $150.00 3 12 Inch Tee 4 EA 850.00$ $3,400.00 3 12 Inch Tee 4 EA $1,200.00 $4,800.00 3 12 Inch Tee 4 EA $350.00 $1,400.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA 30.00$ $41,520.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA $40.00 $55,360.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA $10.00 $13,840.00 5 Dewatering for 12 Inch Water 1,384 LF 20.00$ $27,680.00 5 Dewatering for 12 Inch Water 1,384 LF $60.00 $83,040.00 5 Dewatering for 12 Inch Water 1,384 LF $40.00 $55,360.00 6 6 Inch PVC Pipe Nipple 9 EA 250.00$ $2,250.00 6 6 Inch PVC Pipe Nipple 9 EA $450.00 $4,050.00 6 6 Inch PVC Pipe Nipple 9 EA $200.00 $1,800.00 7 6 Inch Gate Valve with Box 3 EA 950.00$ $2,850.00 7 6 Inch Gate Valve with Box 3 EA $2,000.00 $6,000.00 7 6 Inch Gate Valve with Box 3 EA $1,050.00 $3,150.00 8 6 Inch 90 Degree Elbow 3 EA 300.00$ $900.00 8 6 Inch 90 Degree Elbow 3 EA $600.00 $1,800.00 8 6 Inch 90 Degree Elbow 3 EA $300.00 $900.00 9 Fire Hydrant Assembly 3 EA 4,000.00$ $12,000.00 9 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 9 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 $173,990.00 $336,958.00 $162,968.00 $0.00 $0.00 $0.00 $173,990.00 $336,958.00 $162,968.00 $17,399.00 $37,065.38 $19,666.38 $191,389.00 $374,023.38 $182,634.38 $7,578.26 $7,578.26 $183,810.74 $374,023.38 $190,212.64 $183,810.74 $374,023.38 $190,212.64 Original Amount: Revised Reimburseable Amount: Total Cost Amendment Request on Reimbursement Amount Original Cost Estimate Revised Cost Estimate 10% CONTINGINCIES 10% CONTINGINCIES ENGINEERING, SURVEYING & TESTING ENGINEERING, SURVEYING & TESTING Cost Amendment Request of Contract Agreement SUBTOTAL SUBTOTAL SUBTOTAL 10% CONTINGINCIES SUBTOTAL SUBTOTAL SUBTOTAL ENGINEERING, SURVEYING & TESTING SUBTOTAL SUBTOTAL SUBTOTAL ORIGINAL REIMBUSEMENT AMOUNT REVISED REIMBURSEMENT AMOUNT TOTAL COST AMENDMENT REQUEST LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) (Previously Included) MPM Development, L.P. 12/7/2018 Royal Creek Unit 8 Water Arterial Transmission and Grid Main Contract Holder: Contract Date: Project Name: Project Type: 1 Royal Creek Unit 8 Reimbursement Agreement Amendment Number 4 Ordinance authorizing an amendment for the Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement (“Agreement”) with MPM Development, L.P. (“Developer”) for both time and cost to reimburse the construction of a required water arterial transmission and grid main line for Royal Creek Unit 8, the proposed development located off Oso Parkway and Rock Crest Dr. Amending the contract for an additional 24 months and increasing the funding by $109,212.64 for a total not to exceed $374,023.38 (District 5). 2 Location Map Royal Creek Estates Unit 8 (10.544 Acres) 3 Extension of Time December 8, 2018 MPM Development, LP and the City entered a 12-month reimbursement agreement constructing a water arterial transmission and grid main line. December 8, 2019 Reimbursement Amendment #1 for time (extended for 12 months) December 8, 2020 Reimbursement Amendment #2 for time (extended for 12 months) December 8, 2021 Reimbursement Amendment #3 for time (extended for 24 months) December 8, 2023 Request for Reimbursement Amendment #4 for time (24 months) and increase in cost 4 Increase in Cost Original Cost Estimate Revised Cost Estimate Cost Amendment Request of Contract Agreement Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount Water Items Qty Unit Unit Price Amount 1 12 Inch PVC Pipe 1,384 LF $ 60.00 $83,040.00 1 12 Inch PVC Pipe 1,384 LF $112.00 $155,008.00 1 12 Inch PVC Pipe 1,384 LF $52.00 $71,968.00 2 12 Inch Cap Tapped for 2 Inch 1 EA $ 350.00 $350.00 2 12 Inch Cap Tapped for 2 Inch 1 EA $500.00 $500.00 2 12 Inch Cap Tapped for 2 Inch 1 EA $150.00 $150.00 3 12 Inch Tee 4 EA $ 850.00 $3,400.00 3 12 Inch Tee 4 EA $1,200.00 $4,800.00 3 12 Inch Tee 4 EA $350.00 $1,400.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA $ 30.00 $41,520.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA $40.00 $55,360.00 4 Crushed Stone Embedment for 12 Inch Water 1,384 EA $10.00 $13,840.00 5 Dewatering for 12 Inch Water 1,384 LF $ 20.00 $27,680.00 5 Dewatering for 12 Inch Water 1,384 LF $60.00 $83,040.00 5 Dewatering for 12 Inch Water 1,384 LF $40.00 $55,360.00 6 6 Inch PVC Pipe Nipple 9 EA $ 250.00 $2,250.00 6 6 Inch PVC Pipe Nipple 9 EA $450.00 $4,050.00 6 6 Inch PVC Pipe Nipple 9 EA $200.00 $1,800.00 7 6 Inch Gate Valve with Box 3 EA $ 950.00 $2,850.00 7 6 Inch Gate Valve with Box 3 EA $2,000.00 $6,000.00 7 6 Inch Gate Valve with Box 3 EA $1,050.00 $3,150.00 8 6 Inch 90 Degree Elbow 3 EA $ 300.00 $900.00 8 6 Inch 90 Degree Elbow 3 EA $600.00 $1,800.00 8 6 Inch 90 Degree Elbow 3 EA $300.00 $900.00 9 Fire Hydrant Assembly 3 EA $ 4,000.00 $12,000.00 9 Fire Hydrant Assembly 3 EA $8,800.00 $26,400.00 9 Fire Hydrant Assembly 3 EA $4,800.00 $14,400.00 SUBTOTAL $173,990.00 SUBTOTAL $336,958.00 SUBTOTAL $162,968.00 10% CONTINGINCIES $0.00 10% CONTINGINCIES $0.00 10% CONTINGINCIES $0.00 SUBTOTAL $173,990.00 SUBTOTAL $336,958.00 SUBTOTAL $162,968.00 ENGINEERING, SURVEYING & TESTING $17,399.00 ENGINEERING, SURVEYING & TESTING $37,065.38 ENGINEERING, SURVEYING & TESTING $19,666.38 SUBTOTAL $191,389.00 SUBTOTAL $374,023.38 SUBTOTAL $182,634.38 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC)$7,578.26 LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) LESS WATER AGREAGE FEE ($18.72 AC@$719/AC) (Previously Included)$7,578.26 ORIGINAL REIMBUSEMENT AMOUNT $183,810.74 REVISED REIMBURSEMENT AMOUNT $374,023.38 TOTAL COST AMENDMENT REQUEST $190,212.64 5 Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Recommendation AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of Nov. 14, 2023 Second Reading for the City Council Meeting of Nov. 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 CAPTION: Zoning Case No. 0823-02, Thanksgiving Homes, (District 1). Ordinance rezoning a property at or near 650 Osage Street from the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Overlay. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval.) SUMMARY: This item is to rezone the property to allow for a single-family subdivision. On October 3, 2023, the applicant submitted an amended PUD (Planned Unit Development) Guideline document to address sidewalk safety concerns. See recommendation. BACKGROUND AND FINDINGS: The subject property is a 4.04-acre site being proposed for an infill PUD (Planned Unit Development) within the westside area that will accommodate a medium -density residential development with 35 lots. It is the former site of the Lozano Elementary School. To the north, the property is bounded by a general commercial district with commercial uses. To the east, west, and south, are residential subdivisions zoned “RS- 6” Single-Family 6 District. The “RS-6” Single-Family 6 District allows for single-family detached houses, group homes, and a limited number of public and civic uses. A PUD (Planned Unit Development) Overlay permits master-planned communities, mixed-use developments, and other new or innovative concepts in land utilization with flexibility that allows special conditions or restrictions that would not otherwise allow the development to occur. Rezoning for a property at or near 650 Osage Street The applicant’s request for a PUD (Planned Unit Development) overlay is to allow for the construction of a single-family subdivision with reduced UDC (Unified Development Code) development (bulk, driveway, and parking) and subdivision standards. The proposed rezoning is consistent with the Future Land Use Map element and other broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: 57 notices were mailed to property owners within the 200-foot notification area and 6 were mailed outside of the notification area. As of November 10, 2023: In Favor 1 inside notification area 0 outside notification area In Opposition 7 inside notification area 0 outside notification area A total of 11.42% of the 200-foot notification area is in opposition. ALTERNATIVES: Denial of the request for PUD (Planned Unit Development) overlay. 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 “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a PUD (Planned Unit Development) Overlay on August 9, 2023. Staff is recommending approval of the amended plan as presented by the applicant on October 3, 2023. Vote Results For: 7 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0823-02, Thanksgiving Homes (District 1). Ordinance rezoning a property at or near 650 Osage Street from the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Overlay; 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 Lot 1, Block 1, Lozano Elementary School as shown in Exhibit “A”: From the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single- Family 6 District with a Planned Unit Development Overlay. The subject property is located at or near 650 Osage Street. Exhibit A, a map, is attached to and incorporated in this ordinance. Exhibit B, the PUD (Planned Unit Development) guideline document, is also attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the TGH TWO Planned Unit Development Page 2 of 15 (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certifica te of occupancy has been issued SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 3 of 15 EXHIBIT (A) EXISTING ZONING AND NOTICE AREA Page 4 of 15 EXHIBIT (B) PLANNED UNIT DEVELOPMENT GUIDELINE Page 5 of 15 Page 6 of 15 Page 7 of 15 Page 8 of 15 Page 9 of 15 Page 10 of 15 Page 11 of 15 Page 12 of 15 Page 13 of 15 Page 14 of 15 Page 15 of 15 Zoning Case No. 0823-02, Thanksgiving Homes (District 1). Ordinance rezoning a property at or near 650 Osage Street from the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Overlay; 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 Lot 1, Block 1, Lozano Elementary School as shown in Exhibit “A”: From the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single- Family 6 District with a Planned Unit Development Overlay. The subject property is located at or near 650 Osage Street. Exhibit A, a map, is attached to and incorporated in this ordinance. Exhibit B, the PUD (Planned Unit Development) guideline document, is also attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the properties in accordance with the TGH TWO Planned Unit Development Page 2 of 3 (PUD) Guidelines and Master Site Plan, attached as Exhibit B, and to the satisfaction of the Technical Review Committee (TRC). 2. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 3. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted, or if no building permit is required, a certificate of occupancy has been issued. SECTION 3. 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 4. 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 5. 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 6. 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 7. 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 8. 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 3 of 3 Exhibit (A) Existing Zoning and Notice Area P LANNED U NIT D EVELOPMENT (PUD) C ORPUS C HRISTI , T EXAS OCTOBER 2023 A Master Planned Community SUBMITTED BY MUNOZ ENGINEERING, LLC ENGINEER THOMAS B. TIFFIN, PE OWNER AND DEVELOPER MUNOZ ENGINEERING, LLC 1608 S. BROWNLEE BLVD | CORPUS CHRISTI, TX 78404 | (O) 361.946.4848 | TBPELS FIRM F -12240 munozengrg.com TGH TWO Exhibit (B) PUD (Planned Unit Development) Guideline Document TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 2 C ONTENTS G ENERAL D EVELOPMENT I NFORMATION ............................................................................................................ 3 D EVELOPMENT L OCATION M AP ........................................................................................................................... 3 A DJACENT L AND U SE I NFORMATION .................................................................................................................. 4 A DJACENT F UTURE L AND U SE I NFORMATION .................................................................................................. 4 A DJACENT Z ONING I NFORMATION ...................................................................................................................... 5 A REA D EVELOPMENT P LAN I NFORMATION ....................................................................................................... 5 A DJACENT T RANSPORTATION AND C IRCULATION ............................................................................................ 5 U NIFIED D EVELOPMENT C ODE AND M ODIFICATIONS ..................................................................................... 6 D EVELOPMENT S TANDARD .................................................................................................................................... 8 M ASTER S ITE P LAN .............................................................................................................................................. 10 S ITE D EVELOPMENT P LAN ................................................................................................................................... 10 S ITE S ECTION V IEW S ............................................................................................................................................ 12 TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 3 G ENERAL D EVELOPMENT I NFORMATION TGH TWO is a Master Planned Community that is located in the City of Corpus Christi, Nueces County, Texas in the area known as the Westside. The development is a redevelopment project that is being completed by the non-profit organization known as Thanksgiving Homes which is an affiliate of the Corpus Christi Housing Authority (CCHA). Thanksgiving Homes is the first Corpus Christi Housing Authority (CCHA) initiative to focus on single-family housing rentals and sales. This innovative concept identifies moderately priced, typically infill lots, many that have become problematic over time. Thanksgiving Homes has developed a proven model to turn these challenging infill lots into opportunities for many who thought home ownership was not an option. Thanksgiving Homes continues to evolve with the needs of our city and continues to look at the needs of our region and address them with this development by the placement of these new homes which will help revitalize the neighborhood and in turn minimize the housing shortage of the area. The location of the development is on the property that once was the Lozano Elementary School which has since been closed and the property cleared of the former improvements. The proposed community will consist of 35 single-family residential lots and 1 community lot that will be a park area. The intent of the project is to be able to provide The current legal description of the property is Lozano Elementary School Tract, Block 1, Lot 1 and will be replated to become known as TGH TWO. D EVELOPMENT L OCATION M AP Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. Development Location TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 4 A DJACENT L AND U SE I NFORMATION Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. A DJACENT F UTURE L AND U SE I NFORMATION Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 5 A DJACENT Z ONING I NFORMATION Note: This map is a selected portion from the City of Corpus Christi GIS map and obtained on 06/02/2023. A REA D EVELOP MENT P LAN I NFORMATION The development is located within the Westside Area Development Plan (ADP). This PUD addresses the City of Corpus Christi Westside ADP – Policy Initiatives and Implementation – Section 4.2; which promotes infill residential development and supports housing agencies that build new homes in existing neighborhoods. A DJACENT T RANSPORTATION AND C IRCULATION The development is located on Osage Street with 710-feet of street frontage and is located on Aztec Street with 273-feet of street frontage. Osage Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way, 36-feet paved, and is capable of handling 1,600 Average Daily Trips (ADT). Aztec Street is classified as a Local Street with an existing street section consisting of 60-foot Right-of-Way, 36-feet paved, and is capable of handling 1,600 Average Daily Trips (ADT). This Portion of the Page Intentionally Left Blank TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 6 U NIFIED D EVELOPMENT C ODE AND M ODIFICATIONS This development shall be governed by the City of Corpus Christi Unified Development Code (UDC) with adoption date of December 2022 (hereinafter referred to as UDC) with the Base Zoning being RS-4.5 with the following modifications: The UDC Article 4: Base Zoning Districts shall be modified as per the following: REQUIREMENT UDC REQUIREMENTS PUD DEVIATIONS 4.2.5.E Single and Two-Family Residential Parking The cumulative area of any impermeable surface area located in the required street yard, shall not exceed 50% of the area of the required street yard. The cumulative area of any impermeable surface area located in the required street yard, shall not exceed 70% of the area of the required street yard. REQUIREMENT UDC BASE ZONING REQUIREMENTS (RS-6) PUD DEVIATIONS Minimum Lot Area (Square Feet) 6,000 3,000 Minimum Lot Width (Feet) 50 30 Minimum Yard (Feet) – Street 20 Block 1 – 35 Block 2 – 35 Block 3 – 20 Block 4 – 20 Minimum Yard (Feet) – Street Corner 10 10 Minimum Yard (Feet) – Side Single 5 5 Minimum Yard (Feet) – Side Total 10 10 Minimum Yard (Feet) – Rear 5 10 Minimum Open Space (Percent of Total Area) 30 20 Maximum Height (Feet) 35 35 TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 7 The UDC Article 7: General Development Standards shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 7.1.7.C Minimum Property Line Clearance The minimum property line clearance for all residential driveways on residentially zoned lots on local streets shall be the curb radius or flare distance, with the exception of driveways serving zero lot line single family residences where the flare return or flare shall be allowed to encroach over the property line extended by 3- feet, provided Driveways serving all lots may be abutted against the lot line and the flare return or flare shall be allowed to encroach over the property line extended by 5-feet. The UDC Article 8: Subdivision Design and Improvements shall be modified as per the following: REQUIREMENT UDC REQUIREMENT PUD DEVIATIONS Section 8.2.1.B Street Right-of-Way Dimensional Standards Local Street Section Type Right-of-Way Back-of-Curb to Back-of-Curb Planting / Utility Area Sidewalk Width Tied Sidewalk Sidewalk Both Sides Parking Lanes L-1A 50-feet 28-feet 6-feet (Both Sides) 4-feet Not Allowed Required Two TGH-1 50-feet 30-feet 4-feet 5-feet Allowed Required Two Refer to Site Section Views for additional information Section 8.2.2 Sidewalks A. Required Improvements In accordance with Section 8.2.1.B Modified as per PUD Requirements Sidewalk must provide connection to Block 3, Lot 1 (Park) TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 8 D EVELOPMENT S TANDARD The Development shall follow the guidelines below: DESCRIPTION BLOCK NUMBER LOT NUMBERS Residential Lots 1 2 4 1 – 15 1 – 17 1 – 3 Common Area Lots 3 1 The Residential Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Residential Minimum Open Space (Percent) 20 Building Height – Maximum (Feet) 35 Building Spacing – Minimum (Feet) 10 Parking Requirement Per Unit (within lot) 2 – Paved 9-foot wide by 18-foot deep parking spaces min. Maintenance Lot Owner and/or Home Owners Association (HOA) and/or Property Management Group Improvements Allowed Residential structure(s) and support structure(s) including decks, porches, pavement(s), fencing, landscaping, utilities, etc. Improvement Placement Residential structure(s) and support structure(s) including decks, porches, etc. shall be located within the indicated buildable area. Pavement(s), fencing, and landscaping can be located anywhere on the lot. Special Requirement All lots are to front the new public street and no lot shall have driveway access to Osage Street or to Aztec Street This Portion of the Page Intentionally Left Blank TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 9 The Common Area Lots within the development shall follow the guidelines below: DESCRIPTION REQUIREMENT Usage Non-Residential Structures supporting the Community Minimum Open Space (Percent) 50 Building Height – Maximum (Feet) 20 Building Spacing – Minimum (Feet) 10 Maintenance Home Owners Association (HOA) and/or Property Management Group Improvements Allowed Non-Residential structure(s) and support structure(s) including decks, pools, porches, pavement(s), fencing, landscaping, utilities, etc. Improvement Placement Non-Residential structure(s) and support structure(s) including decks, porches, pools, etc. shall be located within the indicated buildable area. Pavement(s), fencing, and landscaping can be located anywhere on the lot. This Portion of the Page Intentionally Left Blank TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 10 M ASTER S ITE P LAN Note: Refer to the Final Plat for additional information regarding the lot dimensions. S ITE D EVELOPMENT P LAN The Lot Layout: TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 11 The Setbacks The Driveways and Lot Parking TGH TWO A Master Planned Community PLANNED UNIT DEVELOPMENT (PUD) PAGE 12 Residential Structure Residential Structure Public Street 35’ Yard Requirement 35’ Yard Requirement S ITE S ECTION V IEWS The Typical Development Cross Section Along The Main Drive is as below: | | | | | | | | | | | | Enlarged Typical Development Street Cross Section Along The Main Drive is as below: ZONING REPORT Case # 0823-02 Applicant & Subject Property City Council District: 1 Owner: Thanksgiving Homes. Applicant: Thanksgiving Homes. Address: 650 Osage Street, located along the east side of Osage Street, south of Baldwin Boulevard, and north of Aztec Street. Legal Description: Lot 1, Block 1, Lozano Elementary School Acreage of Subject Property: 4.04 acres Pre-Submission Meeting: July 5, 2023 Zoning Request From: “RS-6” Single-Family 6 District To: “RS-6/PUD” Single-Family 6 District with a Planned Unit Development Overlay Purpose of Request: To allow for a single-family subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Public/Semi-Public Medium-Density Residential North “CG-2” General Commercial Commercial, Vacant Mixed Use South “RS-6” Single-Family 6 Low-Density Residential, Vacant Medium-Density Residential East West Plat Status: The property is currently platted as one lot. Replatting for a residential subdivision will be required. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Osage Street Designation-Urban Street Section Proposed Section Existing Local Residential 2 Lanes, 50’ 2 Lanes, 60’ Aztec Street Designation-Urban Street Section Proposed Section Existing Local Residential 2 Lanes, 50’ 2 Lanes, 60’ Transit: The Corpus Christi RTA provides service to the subject property via bus routes 12 Hillcrest/Baldwin along Baldwin Boulevard less than half a mile away, 16 Morgan/Port along Morgan Avenue less than half a mile away, and 37 Crosstown less than a mile away at Baldwin Boulevard and Blake and Morgan Avenue and Rosewood Street. Bicycle Mobility Plan: The subject property is approximately 900 feet away from a proposed bike boulevard along Cheyenne Street and Sabinas Street and approximately 2,200 feet from a proposed one-way cycle track (required on both sides of the road) along Tarlton Street that connects Cheyenne Street and Sabinas Street. Utilities Gas: A 2-inch active WS and PE line exists along the west side of Osage Street. An 8-inch active WS line also runs along the south side of Aztec Street. Stormwater: A 21-inch active RCP line exists along the north side of Aztec Street. Wastewater: An 8-inch active VCP line exists along the north side of Aztec Street and 18-in active RCP line exists along the west side of Osage Street. Water: A 6-inch active ACP line exists along the west side of Osage Street and along the souths side of Aztec Street. 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 Westside Area Development Plan (Adopted on January 10, 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 57 within a 200-foot notification area 6 outside 200-foot notification area In Favor 1 inside the notification area 0 outside the notification area 1.10% in favor within the 200-foot notification area. In Opposition 7 inside the notification area 0 outside the notification area 11.42 % in opposition within the 200-foot notification area (6 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: August 9, 2023 City Council 1st Reading/Public Hearing Date: November 14, 2023 City Council 2nd Reading Date: November 28, 2023 Background: The subject property is a platted 4.04-acre site being proposed for an infill PUD (Planned Unit Development) within the westside area that will accommodate a medium-density residential development with 35 lots. It is the former site of the Lozano Elementary School. To the north, the property is bounded by a general commercial district with commercial uses. To the east, west, and south, the property is bounded by residential subdivisions zoned “RS -6” Single- Family 6 District. The request for a PUD (Planned Unit Development) overlay is to allow for the construction of a single-family subdivision with reduced UDC (Unified Development Code) development (bulk, driveway, and parking) and subdivision standards. The deviations to the underlying zoning district are as follow: UDC Standard RS-6 Zoning District PUD Deviation Development Standards Min. Lot Area 6,000 SF 3,000 SF Min. Lot W idth 50’ 30’ Min.Yard; Street 25’ 35’ (Blocks 1-2) 20’ (Blocks 3-4) Min. Yard; Street Corner 10’ 10’ Min. Yard; Side 5’ 5’ Min. Yard; Side (Total) 10’ 10’ Min. Yard; Rear 5’ 10’ Min. Open Space 30% 20% Max. Height 35’ 35’ Driveway and Parking Design Standards UDC 4.2.5.E. Single and Two-Family Residential Parking The cumulative area of any impermeable surface area located in the required street yard shall not exceed 50% of the area of the required street yard. The cumulative area of any impermeable surface area located in the required street yard shall not exceed 70% of the area of the required street yard. Driveway approach minimum property line clearance. The minimum property line clearance for all residential driveways on residentially zoned lots on local streets shall be the curb radius or flare distance with the exception of driveways serving zero lot line single family residences where the flare return or flare shall be allowed to encroach over the property line extended by 3 feet provided that appropriate notice is included on the subdivision plat. Driveways serving all lots may be abutted against the lot line and the flare return or flare shall be allowed to encroach over the property line extended by 5 feet. UDC Standard RS-6 Zoning District PUD Deviation Subdivision Design Standards STREETS Local Street Type L1-A Right-of-Way Width 50’ 50’ BC (Back-of-Curb) to BC 28’ 32’ Planting/Utility Area 6’ (Both Sides) 5’ & 13’ Sidewalk Width 4’ Min. 6’ Tied Sidewalk Not Allowed Allowed Sidewalk Required (Both Sides) Required (1 Side) Parking 2 2 Sidewalks Sidewalk Required (Both Sides) 1 Side. Must provide connection to Lot 1, Block 3 (Park). Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: Housings & Neighborhoods: o Corpus Christi has a comprehensive housing policy to advise the City on the development of quality housing for residents of all income levels in all parts of the city. Support non-profit organizations in housing production and explore the creation of community development corporations that assist with neighborhood revitalization projects. o Quality housing meets the diverse needs of households at all income levels and all states of the life cycle. Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types-rental and ownership, market rate, and assistance- to meet community needs. o New and redeveloped housing is resource efficient. Promote resource efficiency in all new housing through financial or non- financial incentives, such as permit streamlining. o Corpus Christi sustains and maintains established neighborhoods. Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. Support exploration of local nonprofit community development corporations which can assist in revitalizing neighborhoods through affordable housing and commercial development, job creation initiatives, neighborhood planning, and advocacy. o The design of new developments promotes a broader sense of neighborhood and community rather than creating isolated subdivisions or apartment complex developments with a lack of connection. Consider regulations, projects, incentives, and guidelines that promote interconnected development, such as development with a well-connected street network or appropriate connections to neighboring subdivisions, designations, or bicycle/pedestrian facilities. Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost -effective use of resources and high quality of life. Encourage the protection and enhancement of residential neighborhoods. Promote the stabilization, revitalization, and redevelopment of 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 and incentivize with both financial and non-financial incentives the location of new residential developments adjacent to and connected to existing developments. o Corpus Christi has well-designed neighborhoods and built environments. Encourage and incentivize with both financial and non -financial incentives, design standards that result in high-quality built environments. Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Encourage convenient access from medium-density residential development to arterial roads. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the future land use designation of Medium- Density Residential. The proposed rezoning is consistent with the following policy initiatives and implementation of the Westside ADP: o Support a variety of housing options and affordability levels to encourage home ownership and sustain the existing housing stock. o Continue to promote infill residential development. o Support housing agencies that build new homes in existing neighborhoods. 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: The proposed rezoning is consistent with the Future Land Use Map and many broader elements of the City of Corpus Christi Comprehensive Plan. A PUD (Planned Unit Development) may be used, per the UDC (Unified Development Code) to permit master planned communities. The proposed development meets the following criteria for a PUD (Planned Unit Development): o The development is in harmony with the character of the surrounding area. o The Development is in conformity with the Comprehensive Plan and is consistent with the intent of the UDC Planned Unit Development prescription. Thanksgiving Homes LLC, an affiliate of the Corpus Christi Housing Authority (CCHA), selects infill lots, particularly those that may have been problematic over time, for residential development to increase home ownership across a selected group of the population to help with the housing needs of the community. The subject property is the former site of the Lozano Elementary School which was closed for some time and has been cleared for development. It is situated within a large "RS-6" Single-Family 6 District south of Baldwin Boulevard and east of Osage Street and is part of an old subdivision and neighborhood with medium -density residential uses. The applicant is requesting a Planned Unit Development Overlay over the current base zoning district to allow some flexibility in the subdivision and development standards prescribed by the UDC (Unified Development Code). The flexed standards, while they will allow the block to contain more lots, will still produce a medium-density development. The previously drafted W estside Area Development Plan, adopted in 1995, designated the neighborhood of the development as a target area that should facilitate single-family developments through the non-financial incentive of reduced subdivision and development standards. The purpose of target areas is for rehabilitation and redevelopment. The westside area is mostly built out and the applicant’s proposal is a great opportunity to renew interest in an area in need of restoration. The proposed Planned Unit Development mirrors the goals of Plan CC’s (City of Corpus Christi Comprehensive Plan) orderly development by siting land uses based on characteristics, compatibility, and locational needs to accommodate growth and the need and challenges for housing. The PUD (Planned Unit Development) is appropriate where sited and compatible with the surrounding uses and districts. Plan CC (The City of Corpus Christi Comprehensive Plan) encourages interconnected developments. The infrastructures to support the development are already in place, and where lacking, is provided within the development. The nearest park that does not require the crossing of major roadways is within a one-mile radius southeast of the subject property. The development includes a private park. The site is serviced by the Corpus Christi Regional Transpo rtation Authority (CCRTA) and is near planned mobility infrastructure two blocks to the east and west (along Cheyenne Street to the west, Sabinas Street to the west, and Tarlton Street to the south). The development plans indicate a sidewalk that will connect to the existing networks along Aztec Street and Osage 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 9, 2023): Approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-6/PUD” Single-Family 6 District with a PUD (Planned Unit Development) Overlay. Refer to attached Planned Unit Development Guideline document. Attachment: (A) Existing Zoning and Notice Area Map, (B) PUD (Planned Unit Development) Guideline Document, (C) Returned Notices Attachment: (A) Existing Zoning and Notice Area Attachment: (B) PUD (Planned Unit Development) Guideline Document (C) Returned Notices Zoning Case 0823-02 City Council November 14, 2023 Thanksgiving Homes District 1 Rezoning for a property at or near 650 Osage Street From the “RS-6” Single-Family 6 District to “RS-6/PUD” Single-Family 6 District with a PUD Overlay SUBJECT PROPERTY N Zoning and Land Use Proposed Use: To allow for a single-family residential subdivision that deviates from the UDC’s development and subdivision standards.. Area Development Plan: Westside ADP (January 10, 2023) Future Land Use Map: Medium-Density Residential Existing Zoning: “RS-6” Single-Family 6 District Adjacent Land Uses: • North: Commercial, Vacant(Zoned: CG-2) • South: Low-Density Residential (Zoned: RS-6) • East: Low-Density Residential, Vacant (Zoned: RS-6) • West: Low-Density Residential (Zoned: RS-6) SUBJECT PROPERTY N Public Notification Notification Area Opposed: 7 (11.42%) Separate Opposed Owners: 7 In Favor: 1 (1.10%) 57 Notices mailed inside the 200’ buffer 6 Notices mailed outside the 200’ buffer *Notified property owner’s land in SF/ Total square footage of all property in the notification area = Percentage of public opposition. SUBJECT PROPERTY N X o X X XX X X Deviations: Development Standards OSAGE STREET AZTEC STREETUDC STANDARD ZONING: RS-6 PUD DEVIATION DEVELOPMENT STAND.MIN. LOT AREA 6,000 SF 3,000 SF MIN. LOT WIDTH 50’30’ MIN. YARD; STREET 25’35’ (BLOCK 1-2) 20’ (BLOCK 3-4) MIN. YARD; STREET CORNER 10’ BACK-TO-BACK 10’ MIN. YARD; SIDE 5’5’ MIN. YARD; SIDE TOTAL 10’10’ MIN. YARD; REAR 5’10’ MIN. OPEN SPACE 30%20% MAX. HEIGHT 35’35’ Deviations: Driveway and Parking Standards OSAGE ST AZTEC STREETUDC STANDARD PUD DEVIATION GEN. DEVELOPMENT STAND.FRONT/STREET YARD IMPERVIOUS COVERAGE. CUMULATIVE AREA OF ANY IMPERMEABLE SURFACE AREA WITHIN THE REQUIRED STREET YARD SHALL NOT EXCEED 50%OF THE REQUIRED STREET YARD. THE CUMULATIVE AREA OF ANY IMPERMEABLE SURFACE AREA LOCATED IN THE REQUIRED STREET YARD SHALL NOT EXCEED 70%OF THE REQUIRED STREET YARD. DRIVEWAY APPROACH MIN. PROPERTY LINE CLEARANCE. THE MINIMUM PROPERTY LINE CLEARANCE FOR ALL RESIDENTIAL DRIVEWAYS ON RESIDENTIALLY ZONED LOTS ON LOCAL STREETS SHALL BE THE CURB RADIUS OR FLARE DISTANCE, WITH THE EXCEPTION OF DRIVEWAYS SERVING ZERO LOT LINE SINGLE FAMILY RESIDENCES WHERE THE FLARE RETURN OR FLARE SHALL BE ALLOWED TO ENCROACH OVER THE PROPERTY LINE EXTENDED BY 3 FEET PROVIDED THAT APPROPRIATE NOTICE IS INCLUDED ON THE SUBDIVISION PLAT. DRIVEWAYS SERVING ALL LOTS MAY BE ABUTTED AGIANST THE LOT LINE AND THE FLARE RETURN OR FLARE SHALL BE ALLOWED TO ENCROACH OVER THE PROPERTY LINE EXTENDED BY 5 FEET. Deviations: Subdivision Design Standards UDC STANDARD PUD STANDARD SUBDIVISION DESIGN STAND.STREETS LOCAL STREET TYPE L1-A TGH-1 RIGHT-OF-WAY WIDTH 50’50’ TO BACK OF CURB 28’32’ PLANTING/UTILITY AREA 6’ (BOTH SIDES)5’ & 13’ SIDEWALK WIDTH 4’ MIN.6’ TIED SIDEWALK NOT ALLOWED - SIDEWALK REQUIRED (BOTH SIDES)REQUIRED (1 SIDE) PARKING 2 2 SIDEWALKS SIDEWALK REQUIRED (BOTH SIDES)1 SIDE. MUST CONNECT TO LOT 1, BLOCK 3 (PARK)Landscaping areaLandscaping areasidewalk Deviations: Amended Subdivision Design Standards UDC STANDARD PUD STANDARD AMENDMENT SUBDIVISION DESIGN STAND.STREETS LOCAL STREET TYPE L1-A TGH-1 RIGHT-OF-WAY WIDTH 50’50’ TO BACK OF CURB 28’32’30’ PLANTING/UTILITY AREA 6’ (BOTH SIDES)5’ & 13’ 4’ SIDEWALK WIDTH 4’ MIN.6’5’ MIN. TIED SIDEWALK NOT ALLOWED -ALLOWED SIDEWALK REQUIRED (BOTH SIDES) REQUIRED (1 SIDE)REQUIRED (BOTH SIDES) PARKING 2 2 SIDEWALKS SIDEWALK REQUIRED (BOTH SIDES) 1 SIDE. MUST CONNECT TO (PARK) REQUIRED (BOTH SIDES) Staff Analysis and Recommendation The proposed rezoning is consistent with the FLUM (Future Land Use Map) element and others of the City of Corpus Christi Comprehensive Plan and meets several criteria for a PUD (Planned Unit Development). Thanksgiving Homes, an affiliate of the Corpus Christi Housing Authority (CCHA), selects infill lots, particularly those that may have been problematic over time, for residential development to increase home ownership across a selected group of the population to help with the housing needs of the community. The subject property is the former site of the Lozano Elementary School which has been cleared for development. It is situated within a large "RS-6" Single-Family 6 District south of Baldwin Boulevard and east of Osage Street; part of an old subdivision and neighborhood with medium- density residential uses. The applicant is requesting a Planned Unit Development Overlay over the current base zoning district to allow some flexibility in the subdivision and development standards prescribed by the UDC (Unified Development Code). The flexed standards, while they will allow the block to contain more lots, will still produce a medium-density development. Staff Analysis and Recommendation The westside area is mostly built out and the applicant’s proposal is a great opportunity to renew interest in an area in need of restoration. The proposed Planned Unit Development mirrors the goals of Plan CC’s (City of Corpus Christi Comprehensive Plan) orderly development by siting land uses based on characteristics, compatibility, and locational needs to accommodate growth and the need and challenges for housing. The PUD (Planned Unit Development) is appropriate where sited and compatible with the surrounding uses and districts. Plan CC (The City of Corpus Christi Comprehensive Plan) encourages interconnected developments. The infrastructure to support the development are already in place, and where lacking, is provided within the development. STAFF RECOMMENDS APPROVAL OF THE AMENDED PLAN AS PRESENTEND BY THE APPLICANT on October 3, 2023. Due to sidewalk concerns, the PUD (Planned Unit Development) guideline document has been amended to two sidewalks instead of one. Planning Commission and Staff Recommendation (August 9, 2023): Approval of the change of zoning request from the “RS-6” to “RS-6/PUD” OSAGE STBLAKE STMOHAWK STAZTEC ST BAL D W I N B L V D ROSEWOOD STCARVER DRSON O R A S T SEMINOLE STEsri, HERE, Garmin, INCREMENT P, NGA, USGS µ LOCATION MAP SUBJECT PROPERTY SUBJECT PROPERTY CASE: 0823-02 Subject Property Aerial View ¬¬¬¬¬¬ AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of Nov. 14, 2023 Second Reading for the City Council Meeting of Nov. 28, 2023 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 CAPTION: Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). SUMMARY: This item is to rezone the property to allow for a denser residential subdivision development. BACKGROUND AND FINDINGS: The subject property is a 20.26-acre, undeveloped and vacant tract located south of Leopard Street and Tuloso-Midway Intermediate School, and along the west side of Rand Morgan Road. It is also approximately 6 miles northwest of the Corpus Christi International Airport. The subject parcel is bounded to the north by a medium-density residential subdivision, Northwest Crossing Unit 8, zoned “RS-4.5” Single-Family 4.5 District. To the east of the subject property is the Northwest Crossing Church Tract which hosts Bible Believers Baptist Church, a public/semi-public use, zoned “RS-6” Single-Family 6 District. Rand Morgan Road, a substandard A2 class arterial also abuts the subject property to the west. West of Morgan Road are a commercial use (an auto shop), and an agricultural use, zoned “CG-1” General Commercial and “RS-6” Single-Family 6 District. The host parcel to the south and other properties to the west are also undeveloped, vacant, and zoned “RS-6” with a common drainage corridor. The community south of Leopard Street, west of Rand Morgan Road, and east of Violet Road was primarily a large “RS-6” Single-Family 6 District and persists as one. The east Rezoning for a property at or near 1621 Rand Morgan Road side of Rand Morgan Road is characterized by a haphazard mixture of incompatible uses. The west side of Rand Morgan Road is characterized by medium-density residential subdivisions that were part of several zoning amendments from the “RS-6” Single-Family 6 District of origin to the “RS-4.5” Single-Family 4.5 District. The applicant is requesting a change of zoning to accommodate a denser single-family residential development with a gross density of 9.68 units per acre instead of the 7.26 units per acre allowed by the “RS-6” Single-Family 6 District. The proposed subdivision, Royal Oak South, shows the provision of access along Morgan Road at two points; Geralt Drive and Northwest Crossing Unit 8’s Sedalia Trail. The “RS-4.5” Single-Family 4.5 zoning district provides for residential development and redevelopment at a higher density than the other residential zoning districts. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM’s (Future Land Use Map) designation of Medium-Density Residential. Public Input Process Number of Notices Mailed: 61 within 200-foot notification area, 2 outside notification area As of November 10, 2023: In Favor 0 inside notification area 0 outside notification area In Opposition 0 inside 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 “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District on October 4, 2023. Vote Results For: 7 Against: 0 Absent: 0 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1023-01, MPM Development LP (District 1). Ordinance rezoning a property at or near 1621 Rand Morgan Road from the “RS- 6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District; 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 20.26 acres consisting of various tracts out of Artemus Roberts Subdivision and the BS & F Survey 405, as described and shown in Exhibit A, from: the “RS-6” Single-Family 6 District to the “RS-4.5” Single-Family 4.5 District. The subject property is located at or near 1621 Rand Morgan Road. Exhibit A, a Metes & Bounds Description, 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 superseded. 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 EXHIBIT A ZONING REPORT Case 1023-01 Applicant & Subject Property District: 1 Owner: MPM Development LP Applicant: MPM Development LP Address: 1621, 1705, and 1709 Rand Morgan Road, located along the west side of Rand Road, and south of Leopard Street and Sedalia Trail. Legal Description: 0.78 Acres out of Lot 9, Roberts Tract; 6.93 Acres out of Lots 8 and 9, Roberts Tract; and 59.8 Acres out of Tract 1, Beaty, Seale, & Forwood Survey 405, Abstract 567, Assessors Map 145. Acreage of Subject Property: 20.26 acres. Refer to Exhibit (A) Existing Zoning and Notice Area Map and Exhibit (B) Metes and Bounds Descriptions. Pre-Submission Meeting: March 22, 2022 Zoning Request From: “RS-6” Single-Family 6 District To: “RS-4.5” Single-Family 4.5 District Purpose of Request: To allow for a denser residential subdivision development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site “RS-6” Single-Family 6 Agricultural Medium-Density Residential North “RS-4.5” Single-Family 4.5 (Northwest Crossing Unit 8) Low-Density Residential Medium-Density Residential South “RS-6” Single-Family 6 Agricultural Medium-Density Residential East “RS-6” Single-Family 6, “ROW” Right-of-Way, “CG-1” General Commercial Public/Semi-Public (Bible Believers Baptist Church), “ROW” Right-of-Way, Commercial, Agricultural Government, “ROW” Right-of-Way, Commercial, Medium-Density Residential West “DC” Drainage Corridor, “RS-6” Single-Family 6 Vacant, Drainage Corridor, Agricultural Permanent Open Space, Medium Density Residential Plat Status: The subject property is not platted. The Royal Oak South land subdivision request is attached to the subject property. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. The subject property is approximately 6 miles northwest of the City of Corpus Christi International Airport, and outside any of its AICUZ (Air Installation Compatibility Use Zones) zones. Code Violations: None. Transportation and Circulation Rand Morgan Road Designation-Urban Street Section Proposed Section Existing “A2” Secondary Arterial, Divided 4 Lanes, 100 feet (Including a median) 2 Lanes, Varies, 65 Feet (at site) Transit: The Corpus Christi RTA provides service to the subject property via 27 Leopard, eastbound and northbound, at Leopard Street and Rand Morgan Road Bicycle Mobility Plan: The subject property is approximately 1-1/2 mile away from a proposed off-road multi-use trail and bike boulevard northwest of Leopard Street and Rand Morgan Road. Utilities Gas: A 2-inch PE gas line exists along the northern boundary of the subject property. Stormwater: None exists. Construction is required per the Technical Review Committee (TRC). Wastewater: An 8-inch VCP line exists along the east side of Rand Morgan Road. Construction is deemed required per the Technical Review Committee (TRC) to support the development. Water: None exists. Construction is required per the Technical Review Committee (TRC). 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 Northwest Area Development Plan (Adopted on January 9, 2001). Water Master Plan: A 16-inch grid main has been proposed along the east side of Rand Morgan Road. Wastewater Master Plan: An 18-inch PVC line has been proposed along east bank of the drainage ditch and a 10-inch PVC along its west bank. Stormwater Master Plan: No improvements has been proposed. Public Notification Number of Notices Mailed 61 within a 200-foot notification area 2 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 (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: October 4, 2023 City Council 1st Reading/Public Hearing Date: November 14, 2023 City Council 2nd Reading Date: December 12, 2023 Background: The subject property is a 20.26-acre, undeveloped and vacant, tract located south of Leopard Street and Tuloso-Midway Intermediate School, and along the west side of Rand Morgan Road. It is also approximately 6 miles northwest of the Corpus Christi International Airport . The subject parcel is bounded to the north by a medium-density residential subdivision, Northwest Crossing Unit 8, zoned “RS-4.5” Single-Family 4.5 District. To the east of the subject property is the Northwest Crossing Church Tract which hosts Bible Believers Baptist Church, a public/semi-public use, zoned “RS-6” Single-Family 6 District. Rand Morgan Road, a substandard A2 class arterial, also abuts the subject property to the west. West of Morgan Road are a commercial use (an auto shop) and an agricultural use, zoned “CG-1” General Commercial and “RS-6” Single-Family 6 District. The host parcel to the south and other properties to the west are also undeveloped, vacant, and zoned “RS-6” with a common drainage corridor. The community south of Leopard Street, west of Rand Morgan Road, and east of Violet Road was primarily a large “RS-6” Single-Family 6 District and persists as one. The east side of Rand Morgan Road is characterized by a haphazard mixture of incompatible uses. The west side of Rand Morgan Road is characterized by medium-density residential subdivisions that were part of several zoning amendments from the “RS-6” Single-Family 6 District of origin to the “RS-4.5” Single-Family 4.5 District. The applicant is requesting a change of zoning to accommodate a denser single-family residential development with a gross density of 9.68 units per acre instead of the 7.26 units per acre allowed by the “RS-6” Single-Family 6 District. The proposed subdivision, Royal Oak South, shows the provision of access along Morgan Road at two points; Geralt Drive and Northwest Crossing Unit 8’s Sedalia Trail. Plan CC (The City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: Housing and Neighborhoods: o The design of new developments promotes a broad sense of neighborhood and community, rather than creating isolated subdivisions or apartment complex development with a lack of interconnection. Give consideration to regulations, projects, incentives, and guidelines that promote interconnected development, such as development with a well- connected street network or appropriate connections to neighboring subdivisions, destinations, or bicycle/pedestrian facilities. Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. Encourage the protection and enhancement of residential 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. o Corpus Christi has well designed neighborhoods and built environments. Encourage and incentivize design standards that result into high quality- built environments. ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consisted with the general goals of the northwest ADP and the FLUM designation of Medium-Density Residential. 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 note d the following: The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM’s (Future Land Use Map) designation of Medium-Density Residential. While the requested amendment is generally consistent with the northwest ADP; staff noted that it was adopted 22 years ago. The community, along the west side of Rand Morgan Road, east of Violet Road, and south of Leopard street, shows consistency with Plan CC’s recommended land use pattern. While the commercial nodes and neighborhood commercial pockets are currently vacant, the proposed request is deemed appropriate for the site. The site is 6 miles away from the Corpus Christi International Airport, and outside any of the clear and accident potential zones delineated by the AICUZ (Air Installation Compatibility Use Zones) overlay for the airport. It is suitable for residential development. The development is appropriate in size and flow with the existing subdivisions at the north. The 20.26-acre development will accommodate a total of 115 lots. The zoning map amendment will not have a negative impact upon the surrounding neighborhood. It is also compatible with the present zoning and conforming uses of nearby properties and the character of the surrounding northwest area. o Numerous amendments to the “RS-4.5” districts were made north of the subject property, along the west side of Rand Morgan Road. The requested amendment, if approved, will enhance, and preserve residential character of the area. Planning Commission and Staff Recommendation (October 4, 2023): 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, Planning Commission and Staff recommend approval of the change of zoning. Attachment: (A) Existing Zoning and Notice Area map, (B) Metes and Bounds Descriptions Attachment: (A) Existing Zoning and Notice Area Attachment: (B) Metes and Bounds Description Zoning Case 1023-01 City Council November 14, 2023 MPM Development LP District 1 Rezoning for a property at or near 1621 Rand Morgan Road From the“RS-6” Single-Family 6 District To the “RS-4.5” Single-Family 4.5 District N SUBJECT PROPERTY Zoning and Land Use Proposed Use: To allow a denser residential subdivision development. Area Development Plan (ADP): Northwest ADP (Adopted on Jan. 9, 2001) Future Land Use Map: Medium-density residential Existing Zoning: “RS-6” Single-Family 6 Residential District Adjacent Land Uses: • North: Low Density Residential (Zoned RS-4.5) • South: Agricultural (Zoned RS-6) • East: Public/Semi-Public, Commercial, Agricultural (Zoned RS-6, CG-1, and RS-6) • West: Drainage Corridor and Agricultural (Zoned DC and RS-6) N SUBJECT PROPERTY AUG-15-2016 FEB-19-2001 JUN-13-2017 FEB-08-2021 FEB-18-2019 MAR-17-2017 DEC-15-2017 OCT-17-1994 Public Notification Notification Area Opposed: 0 (0%) Separate Opposed Owners In Favor: 0 (0.00%) 61 Notices mailed inside the 200-foot buffer 2 Notices mailed outside the 200-foot buffer *Notified property owner’s land in SQF/ Total square footage of all property in the notification area = Percentage of public opposition. N SUBJECT PROPERTY Staff Analysis and Recommendation o The proposed rezoning is consistent with many elements of Plan CC and the FLUM’s designation of Medium-Density Residential. It is generally consistent with the northwest ADP; however, staff noted that it was adopted 22 years ago. o The community, along the west side of Rand Morgan Road, east of Violet Road, and south of Leopard street, shows consistency with Plan CC’s recommended land use pattern. While the commercial nodes and neighborhood commercial pockets are currently vacant, the proposed request is deemed appropriate for the site. o The site is 6 miles away from the Corpus Christi International Airport, and outside any of the clear and accident potential zones delineated by the AICUZ overlay for the airport. It is suitable for residential development. o The development is appropriate in size and flow with the existing subdivisions at the north. The 20.26-acre development will accommodate a total of 115 lots. o The zoning map amendment will not have a negative impact upon the surrounding neighborhood. It is also compatible with the present zoning and conforming uses of nearby properties and the character of the surrounding northwest area. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL OF THE REQUEST FROM “RS-6” TO “RS-4.5” SEDALIA TR RAND MORGAN RDRHUMBA TRLCHISOLM TRLGALLOP TRLBARLOW TRLSPANISH TRLOVERLAND TRLCORONADO TRLMURDOCK DR Esri, HERE, Garmin, INCREMENT P, NGA, USGS µ LOCATION MAP SUBJECT PROPERTY SUBJECT PROPERTY CASE: 1023-01 Subject Property Aerial View DATE: November 14, 2023 TO: Peter Zanoni, City Manager PeterZ@cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and Community Development DanielMc@cctexas.com 361-826-7011 CAPTION: First public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. SUMMARY: The purpose of this item is to hold two public hearings required by State law for the annexation of a four-mile portion of County Road (CR) 22 between CR 51 and CR 43, which is in the London area approximately one mile south of FM 43/Weber Road. Nueces County agrees to this annexation, which will allow owners of private property abutting this portion of CR 22 to also request City annexation and receive City services and utilities. BACKGROUND AND FINDINGS: Two landowners in the London area – Superior H&H Development LLC and LM & JM Investments LLC – submitted plans for new single-family developments located at the southwest corner of CR 22 and CR 49 with entrances off CR 22. These new developments, which are called Charlotte Estates and London Ranch Estates, are located outside city limits and the properties are not contiguous to the current city limit line. The developments are planning to use City water and other City services. Each lot will be one half-acre in size and have a private septic system. Charlotte Estates will have 111 lots and London Ranch Estates will have 108 lots. The property owners have requested annexation. For a private property owner to be eligible to request annexation, State law requires the private property to be contiguous to the City limit line. Since the properties are not contiguous with the City limit line, the Nueces County Commissioner’s Court requested the City to annex this portion of CR 22 to extend the City limit line to the developers’ properties and create the needed “contiguity.” AGENDA MEMORANDUM First Public Hearing for the City Council Meeting of November 14, 2023 First Public Hearing on the Annexation of County Road 22 Between CR 51 and CR 43 For the annexation of County ROW, Texas Local Government Code Section 43.063(a) requires that “…before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard.” A Service Plan for the County ROW to be annexed outlines how the City will provide services to the subject property. The Service Plan for this portion of 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 property the developers owned, such as selecting different road ROWs that would extend from current city limits and reach the property or requiring the developers to work with neighboring private property owners to create a connecting path to the nearest City limit line. However, the Nueces County Commissioners Court requested that the city annex just this portion of CR 22 to provide the connection. FISCAL IMPACT: This item is a public hearing on the annexation of County ROW and no action will be taken today. If annexation of County ROW is approved at a later date, then the City will be responsible for funding road maintenance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: No decision about the annexation is being made today. LIST OF SUPPORTING DOCUMENTS: Presentation Resolution from Nueces County Commissioner’s Court Property Description & Map 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. City Council Presentation November 14, 2023 Annexation of a Portion of County Road 22 1 Public Hearings Subject Property: A 4-mile portion of CR 22 ROW 2 London ISD / S STAPLES ST Crosstown ExpwyCity Limits City Limits CR 22 and Adjacent Parcels 3Crosstown ExpwyLondon ISD City Limits City Limits/ S STAPLES ST •CR 22 between CR 51 and CR 43 19.41 acres; 4 miles; owned by Nueces County •Annexing this portion of CR 22 will extend the City limit line to the location of two new subdivisions, Charlotte Estates and London Ranch Estates. •Once “contiguous” to the City limit line, the City can annex the two subdivisions. 4 Background Background •Texas Local Government Code section 43.1055 provides a process for a city to annex road ROW upon the request of who owns/maintains the ROW. •The Nueces County Commissioners Court passed a resolution on August 17, 2023, requesting that the City annex this portion of CR 22. •No decision about whether to annex any property is being made today. 5 10/31 – City Council Resolution directing staff to create a Service Plan for potential annexation of a portion of CR 22 ROW 11/3 – Notice for CR 22 ROW annexation public hearings 11/14 – Hold two Public Hearings for the annexation of CR 22 ROW 12/12 – Public Hearing, Ordinance for CR 22 ROW and two adjacent properties Proposed Annexation Schedule 6 DATE: November 14, 2023 TO: Peter Zanoni, City Manager PeterZ@cctexas.com 361-826-3220 FROM: Daniel McGinn, AICP, Director of Planning and Community Development DanielMc@cctexas.com 361-826-7011 CAPTION: Second public hearing to discuss the annexation of County Road (CR) 22 between CR 51 and CR 43, being approximately 19.41 acres. SUMMARY: The purpose of this item is to hold two public hearings required by State law for the annexation of a four-mile portion of County Road (CR) 22 between CR 51 and CR 43, which is in the London area approximately one mile south of FM 43/Weber Road. Nueces County agrees to this annexation, which will allow owners of private property abutting this portion of CR 22 to also request City annexation and receive City services and utilities. BACKGROUND AND FINDINGS: Two landowners in the London area – Superior H&H Development LLC and LM & JM Investments LLC – submitted plans for new single-family developments located at the southwest corner of CR 22 and CR 49 with entrances off CR 22. These new developments, which are called Charlotte Estates and London Ranch Estates, are located outside city limits and the properties are not contiguous to the current city limit line. The developments are planning to use City water and other City services. Each lot will be one half-acre in size and have a private septic system. Charlotte Estates will have 111 lots and London Ranch Estates will have 108 lots. The property owners have requested annexation. For a private property owner to be eligible to request annexation, State law requires the private property to be contiguous to the City limit line. Since the properties are not contiguous with the City limit line, the Nueces County Commissioner’s Court requested the City to annex this portion of CR 22 to extend the City limit line to the developers’ properties and create the needed “contiguity.” AGENDA MEMORANDUM Second Public Hearing for the City Council Meeting of November 14, 2023 Second Public Hearing on the Annexation of County Road 22 Between CR 51 and CR 43 For the annexation of County ROW, Texas Local Government Code Section 43.063(a) requires that “…before a municipality may institute annexation proceedings, the governing body of the municipality must conduct two public hearings at which persons interested in the annexation are given the opportunity to be heard.” A Service Plan for the County ROW to be annexed outlines how the City will provide services to the subject property. The Service Plan for this portion of 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 property the developers owned, such as selecting different road ROWs that would extend from current city limits and reach the property or requiring the developers to work with neighboring private property owners to create a connecting path to the nearest City limit line. However, the Nueces County Commissioners Court requested that the city annex just this portion of CR 22 to provide the connection. FISCAL IMPACT: This item is a public hearing on the annexation of County ROW and no action will be taken today. If annexation of County ROW is approved at a later date, then the City will be responsible for funding road maintenance. Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: No decision about the annexation is being made today. LIST OF SUPPORTING DOCUMENTS: Presentation Resolution from Nueces County Commissioner’s Court Property Description & Map 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. City Council Presentation November 14, 2023 Annexation of a Portion of County Road 22 1 Public Hearings Subject Property: A 4-mile portion of CR 22 ROW 2 London ISD / S STAPLES ST Crosstown ExpwyCity Limits City Limits CR 22 and Adjacent Parcels 3Crosstown ExpwyLondon ISD City Limits City Limits/ S STAPLES ST •CR 22 between CR 51 and CR 43 19.41 acres; 4 miles; owned by Nueces County •Annexing this portion of CR 22 will extend the City limit line to the location of two new subdivisions, Charlotte Estates and London Ranch Estates. •Once “contiguous” to the City limit line, the City can annex the two subdivisions. 4 Background Background •Texas Local Government Code section 43.1055 provides a process for a city to annex road ROW upon the request of who owns/maintains the ROW. •The Nueces County Commissioners Court passed a resolution on August 17, 2023, requesting that the City annex this portion of CR 22. •No decision about whether to annex any property is being made today. 5 10/31 – City Council Resolution directing staff to create a Service Plan for potential annexation of a portion of CR 22 ROW 11/3 – Notice for CR 22 ROW annexation public hearings 11/14 – Hold two Public Hearings for the annexation of CR 22 ROW 12/12 – Public Hearing, Ordinance for CR 22 ROW and two adjacent properties Proposed Annexation Schedule 6 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarczyk, Director, Intergovernmental Relations RyanS5@cctexas.com 361-826- CAPTION: Motion to authorize renewal of an agreement with the United Corpus Christi Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2024 in the amount of $75,000. SUMMARY: The City of Corpus Christi contributes $75,000 per year to the United Corpus Christi Chamber of Commerce (Chamber) for the operations, activities and tasks of the South Texas Military Task Force (STMTF) to protect the Military missions based in Corpus Christi. BACKGROUND AND FINDINGS: The City of Corpus Christi contributes $75,000 per year to the United Corpus Christi Chamber of Commerce (Chamber) for the operations and activities of the South Texas Military Task Force (STMTF). The STMTF is a committee of the Chamber whose purpose is to advocate for and protect the military missions based in Corpus Christi including: Naval Air Station Corpus Christi (NASCC) Corpus Christi Army Depot (CCAD) Chief of Naval Air Training (CNATRA) Tenant commands at NASCC U.S. Coast Guard Sector at the Corpus Christi International Airport. The City and the Task Force adopted a formal agreement four years ago which established specific expectations and responsibilities for the Task Force and this agreement has been updated to reflect current needs of the City and our Military partners. Motion to Authorize Renewal of Agreement with the United Corpus Christi Chamber of Commerce to support the South Texas Military Task Force AGENDA MEMORANDUM Action Item for the City Council Meeting November 14, 2023 In addition to basic operational responsibilities, the agreement requires the Task Force to provide semi-annual reports to the City detailing STMTF activities, achievements, and an updated financial report for the Task Force. ALTERNATIVES: 1. Amend the agreement. 2. Do not approve the agreement FISCAL IMPACT: This membership was included in the FY2023 Intergovernmental Relations budget for Memberships, licenses, and dues. Funding Detail: Fund: General Fund Organization/Activity: 10250 Mission Element: Project # (CIP Only): Account: 530250 Memberships, licenses & dues RECOMMENDATION: Staff recommends approval of the motion LIST OF SUPPORTING DOCUMENTS: STMTF Funding Agreement FY 2023 STMTF Semi Annual reports July 22 and January 2023 4 August, 2023 The Honorable Paulette Guajardo Mayor of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 RE: 2023 South Texas Military Task Force Semi-Annual Report Mayor Guajardo, Thank you and the Corpus Christi City Council for your continued support to our area military installations and the South Texas Military Task Force. This report highlights the work our Task Force, with the City’s support, has accomplished in preserving, protecting, and expanding the value of military facilities in the Coastal Bend Region. Our area military installations continue to be an essential part of the Corpus Christi economy in addition to the critical role they play in our National Defense. With continued support from City, we at the South Texas Military Task Force will remain diligent in ensuring our military facilities remain a valuable part of our city for years to come. I have also included notes from our STMTF January Strategic Planning Session in which we laid out goals and objectives for our work into the future. And finally, per our agreement we have included the accounting of our expenditures for this period in the form of our latest budget. I am available to answer any questions or further discuss details of the items in this report. Feedback is welcome anytime. Again, thank you for the continued support of the City of Corpus Christi. The South Texas Military is stronger because of you. Very Respectfully, Kresten Cook, Executive Director, South Texas Military Task Force South Texas Military Task Force Semi-Annual Activity Report to the City of Corpus Christi January-July 2023 Accepted invitation from Judge David Krebs to serve on the Corpus Christi Metropolitan Planning Organization’s Regional Small Area Forecast Task Force. Sent out invitations to area military leaders to participate in First Community Bank’s Annual Quail Hunt. Toured the Wings Auditorium on NASCC with Ben Polak. This facility was significantly damaged in Hurricane Harvey and is still unusable. NASCC is interested in getting this historic facility back into operational condition. Exploring potential options to make this happen. Initiated contact with local General Electric rep, Rick Van Derostyne. Sent Rick the STMTF Roadshow PowerPoint presentation and invited GE to be part of the STMTF team. Talked to Lisa Oliver, CC Parks Department who offered two positions on the Sherell Park Memorial Park Planning Committee to STMTF members. Worked logistics and held the STMTF Executive Committee Strategic Planning Session. Meeting was well attended and good recommendations for STMTF work in 2023 were initiated. (Notes/Action plans from this meeting are attached in this report) Attended 12 Jan City Council meeting to support City funding for STMTF. Item passed successfully. Invited Mark MacLaughlin, Kingsville City Manager and former CO, NASK to the STMTF team. Participated in the Navy’s Distinguished Visitor Embark Program and was honored to fly out to the USS Carl Vinson aircraft carrier at sea during training operations. Received a tour of the ship, observed carrier landings by Navy pilots, spent the night aboard, and flew back to San Diego on a V-22 the following day. During participation in the Navy’s Distinguished Visitor Embark Program, received the attached briefing overview of the US Navy and its importance to our Nation. Forwarded to STMTF membership the latest annual report from the Governor’s Committee to Support the Military which provides recommendations for policy changes and legislative action to improve education, health care, quality of life, workforce development, encroachment, and infrastructure as they relate to the military community of Texas. I participate as a member on this committee. Attended (as area military representative team member) kick off meeting of the Corpus Christi Metropolitan Planning Organization’s Regional forecast to the year 2050. Our group will review area population and employment projections that will result in insights to evaluate and prioritize over $1B in state and federal transportation funds available for use in the Corpus Christi region between the years 2025 and 2050. Set up special called meeting of the STMTF Executive committee for Thursday, 2 March to meet with STMTF lobbyist, Larry Meyers who will be in Corpus Christi. Working with Steve Bonner on Nueces County IGSA Intergovernmental Support Agreements with NASCC and some of the current challenges with present County contractor work on NASCC. At the request of Tom McCoullough, REP Cloud’s Legislative Assistant, gathered up comments from STMTF members and Navy reps for input to the proposed Airspace Clearinghouse Enhancement Act. Participated in phone call on this matter with Larry Meyers and Keith Graff of the Texas Governor’s Office. Met with CCAD Commander Kyle Hogan and CCAD Deputy Rod Benson on concerns of declining workload at CCAD. Presently there are many organized efforts underway to move workload from the depots to private industry. This is a major concern of CCAD and the STMTF. For example, CCAD’s workforce is now under 3,000. It was over 3,200 a year ago (and over 6,000 twelve years ago!) CCAD positions vacated by retirement, are not being filled due to workload decreases. Working to communicate the value of depots as a National Insurance policy, that pays back especially during times of war Set up a special called meeting of the SMTTF Executive Board on 2 March to meet with Larry Meyers who is visiting Corpus Christi. Meeting was well attended by Executive Committee members including Mayor Guajardo, City Managers Peter Zanoni and Mark MacLaughlin, and Nueces County Chief of Staff Hawkins. Accepted invitation from Colonel Kyle M. Hogan Commander of the Corpus Christi Army Depot attend a 24 February agreement signing event signing between the Corpus Christi Army Depot and Texas A&M University-Corpus Christi, Del Mar College and the Craft Training Center of the Coastal Bend. The Letter of Agreement between the Corpus Christi Army Depot and three Coastal Bend educational institutions signifies a commitment that will forge a new path for the next generation of skilled artisans and depot leaders. Actively tracking military related legislation currently in process in the 88th Texas Legislature. Working closely with the City of Corpus Christi, and the Governor’s Military support committee in this effort. Arranged 22 FEB meeting between STMTF Executive Committee Members and USCG Sector Commander, CAPT Hans Govertsen to discuss how to improve military relationships with local educational institutions in the Corpus Christi area. Purpose is to increase awareness of local operations and recruiting efforts. Arranged logistics to Co-host the Corpus Christi Mayor’s Interagency Meeting on 3 March with the United Corpus Christi Chamber of Commerce. Provided an overview of the STMTF with Chairman Wilson. Meeting was held at the FCB Community Room and was well attended. Received information on potential additional Navy ship maintenance work on the Texas Coast and along with Drew Scheberle, of the National Security Innovation Council, sent this information to the Port of Corpus Christi. Link: With eyes on more Navy maintenance work, Austal opens California shipyard Worked with Nueces County administration to secure the 2023 Agreement between the county and STMTF. Completed State ethics paperwork, worked invoice, and signed the agreement for $40,000 of county support for this year. Made contact with LTC Stephen Pierce, Commander of the TAMUCC Army ROTC Unit and Professor of Military Science at Texas A&M University-Corpus Christi. LTC Pierce expressed interest in being of service to the South Texas Military Task Force where I may be helpful. The Cadets of the Senior ROTC program here at TAMUCC, the Islander Battalion, are doing amazing work throughout Corpus Christi. Also, this unit is the only DoD Commissioning source in Corpus Christi. Followed up on meeting with CAPT’s Govertsen and Cintron by connecting USCG with area educational points of contact at Del Mar, TAMUCC, CCISD, and the city. Also, communicated the urgent need for housing single enlisted. Received positive responses from Dan Korus, Del Mar College, Dean of Workforce Programs and Corporate Services; Leanne Libby, Communications Director for CCISD; and Jaime Nodarse Barrera, Vice President of Institutional Advancement, Texas A&M University-Corpus Christi Communicated to Congressman Clouds office, CCAD’s concern about future workload decisions that might move Victor model work to the Blackhawk OEM, Sikorsky. CCAD Commander stated if this work was removed from CCAD, it would negatively affect 1,000 jobs. Met with Spohn Shoreline President, P. Craig Desmod, who is interested in serving on the STMTF. Invited him to attend our next quarterly meeting in May. Met with Matt Garcia, Director of Community Relations, Corpus Christi and the Coastal Bend, Texas Oil & Gas Association. Matt is also interested in participating with the STMTF and will be at our May meeting. Matt also serves on the board of the Corpus Christi Boy’s and Girl’s Club and I put him in touch with CAPT Govertsen who plans to do a Coast Guard Helo landing at the Club in the future. Composed and sent a statement of urgency to Lary Meyers on the lack of available, safe housing for single military in our area: “Description of need: On base housing for single military Navy, Army, and Coast Guard personnel is virtually non-existent in the area. On Naval Air Station Corpus Christi, single officer and enlisted housing has been eliminated and demolished due to deterioration and unsafe conditions with no plans of replacement. Current basic housing allowances given to lower grade single military personnel to seek housing outside the base are insufficient to lease safe, clean, apartments near NASCC and Coast Guard Installations. Many single enlisted currently have to “double and triple up” to afford adequate housing outside the gates. Also, many junior enlisted do not have their own personal transportation, which can cause delays in reporting for duty. Finally, area military leaders are concerned that new enlisted member’s negative first impressions of inadequate housing and financial hardships will be detrimental to retention and future recruiting.” Intent is to request a Congressional Study on this situation. Tracking the status of HB 1433 in the Texas 88th legislature. This bill prohibits future windfarm construction within 65 Nautical Miles of a “Joint-Use” Airport. Will monitor the bills progress and virtually attend the State Affairs Committee hearing on 22 March. Presented an STMTF overview as guest speaker at the United Corpus Christi Chamber’s monthly Buenos Dias Corpus Christi networking breakfast on Tuesday 21 March. Many newcomers to Corpus Christi were present and the presentation was well received. Sent CCAD representatives newly approved legislative language that increases the ability of Texas Governmental entities (Cities, Counties, and Texas Department of Transportation) to do work on military installations. CCAD has expressed interest and requested POC’s for these entities. Received great news that the City of Corpus Christi, NASCC and CCAD received two of the four DEAAG grants awarded by the State of Texas. Grants awarded included $175,000 to Corpus Christi Army Depot for acquisition of portable solar powered electric charging stations and $1,000,000 to Naval Air Station Corpus Christi to enhance perimeter fencing and gate replacement. Provided quotes to Al Arreola to be included on a UCCCC Press Release. Press Release: https://gov.texas.gov/news/post/governor-abbott-announces- over-2-million-in-grants-to-texas-military-communities Sent out notice to STMTF Executive Committee of dates for our trip to DC - week of 22 October, the next Executive Committee meeting will be held on Friday, 23 June, 11:30-12:30, at First Community Bank Board Room and rescheduling of the next “Full Task Force” Quarterly meeting has been rescheduled to 24 August to avoid conflict with State of the City event on the 17th. Responded to a request from Mayor Guajardo to assist in talking points on our area military for her upcoming State of the City speech. Provided Leah Olivarri with historical background and overview of the need for a new CNATRA Quarters on NASCC. Talked to Mayor Guajardo with similar talking points in preparation for her meeting with RDML Brophy and his wife on the week of June 12th. Completed design on a STMTF Challenge Coin with the help of Alan Wilson, Wes Hoskins and Bob Paulison. The new coin which is ordered and will arrive in late July incorporates the STMTF logo and representations of the 5 major military commands in our area. : Received excellent article on the State of Army aviation from Tom Tagliabue and forwarded to STMTF Executive Committee members. Link to article: https://www.armytimes.com/news/your-army/2023/06/08/youre-always- fighting-gravity-the-state-of-army-aviation/ Contacted Nueces County, NAS Corpus Christi and Corpus Christi Metropolitan Planning Office to obtain good POC’s for potential future IGSA sources for CCAD. TX Department of Transportation Deputy District Engineer, Mike Walsh and Ivan G. Bolden, Army Partnership, Chief Chairman, Joint Services Partnership Committee, Deputy Chief of Staff, G-9, (Installations) both have agreed to meet with CCAD. Introduced to the local Defense Logistics Agency Commander Cody Autrey and his Deputy, Jeremy Beckwith and have added them to our Area Military Leaders Listing. Received invitation to the Mayor’s 4th of July Big Bang Celebration and forwarded the updates list of Area Military Leaders to the Mayor’s Office. After researching military housing challenges in Texas found an article (link below) about some successes in the Kileen/ Fort Cavazos (formerly Ft Hood) area with the Central Council of Governments. Contacted Keith Sledd, Exec Director of the heart of Texas Military Alliance. Keith Provided some great ideas for our area. https://www.army.mil/article/255281/fort_hood_joins_with_neighbors_to_discuss _affordable_housing Attended the monthly Mayor’s Interagency meeting on 2 June hosted by the Corpus Christi Black Chamber of Commerce. Attended the United Corpus Christi Chamber of Commerce Board Meeting on May 25th and provided an update on the STMTF. Met local Tesla representative Joanne McKinnon and provided her an overview of the STMTF. Tesla is interested in community outreach according to Joanne. Hosted CCAD and Coast Guard representatives at the annual State of the County event on May 19th Drafted and delivered letters of support for the two City DEAAG applications for NASCC and CCAD. Attended City Council Meeting and spoke in favor of both applications. Discussed with NASCC potential candidate projects for a future Defense Community Infrastructure Pilot Program Grant. Potential projects include Project for energy resilience on the County’s land just outside the South Gate. EX. Natural Gas Plant or Geothermal; off post Child development center or any project on the shoreline that would help with erosion or storm issues. Conducting a review of all miliary related bills passed by the 88th Texas Legislature and their impact on our area military installations. Provided an STMTF overview at the April Buenos Dias Breakfast in April. Communicated with Tom McCoullough, REP Cloud’s Military Legislative Assistant, to obtain more information on Language proposed by Representative Cloud to draw attention to the housing needs at NASCC was included in the 2024 Subcommittee Mil Con VA appropriations bill and Cloud’s proposal to strengthen the protection of flight training (the ACE Act). Notes from MILITARY TASK FORCE Strategic Planning Session, January 2023 STMTF Mission The purpose of the Task Force is to preserve, protect, communicate and expand the value of the military facilities in the Coastal Bend Region of Texas. By Increasing awareness of the military and economic value and impact of these facilities within the regional community, Acting as a liaison and providing legislative advocacy for these facilities at local, state and federal levels, Communicating community support of these facilities to their respective military command structures, And coordinating efforts among public and private sectors to maintain a significant presence of US Departments of Defense and Homeland Security in South Texas. SWOT ANALYSIS STRENGTHS – Characteristics of the STMTF that give it an advantage over others o Providing connections and introductions between military and community representatives o Annual Military Appreciation Dove Hunt o STMTF Quarterly Meetings o Members also serve on other influential groups (Military Preparedness Commission, Texas Military Values Task Force, Texas Governor’s Committee to Support the Military, Regional Economic Development Commission) o Supporting DEAAG o Office calls to military o Support Veterans Cemetery o USO support augmentation o Influential STMTF membership o Voice in DC o Helping “getting things done” o Winging’s (STMTF funds the aviator’s wings) WEAKNESSES – STMTF characteristics that place at a disadvantage relative to others o Funding o Seeking additional financial support (Military Contractors, NEC, HEB, GE, etc) o Lack of “membership levels” o Marketing materials (Supporter Appreciation Plaque) o Low Brand Awareness o Seek smaller donors (e.g.; $100 add on to Chamber membership) o Update promotions o Engagement of whole Executive Board o Future of unmanned aircraft and effect on manned training and depot work OPPORTUNITIES - Elements in the environment the STMTF could exploit to its advantage o Using local partnerships and resources (e.g.; Wings auditorium refurbishment. o WW II Heritage City Designation o STMTF Marketing (Challenge coin, Lapel Pins, Shirts) o Expand STMTF Awareness in Community o Large Potential of new STMTF membership o Updates from Base CO’s and Operations o Coast Guard - increase community connections and awareness o Visit AMC and AMCOM in Huntsville AL Connect with TAMUCC (Housing, Military and UAV Programs) o Army Installation Command in San Antonio o Army Futures Command in Austin THREATS – Elements in the environment that could cause trouble for the STMTF o Lack of Broad Funding Support o State and Federal actions that have local effects o Relations with military (if we got “off kilter”) need to continuously work this o Military Housing decline across the board (BOQ, Enlisted, CNATRA, CO’s) o NASCC Infrastructure decline o Generational Shift in STMTF (initiate plan for future STMTF members/leaders) STMTF WORK PLAN Increase Awareness/Value - CC Chamber: (include STMTF in marketing to members, promote at chamber events, membership “add on”) - Seek additional contributions - Engage other area chambers - Tours of military facilities - Outreach - update/expand information materials (website/Facebook) Establish/define membership levels - Use chamber model Funding/Financial - Revisit Chamber agreement and relations - More contributions Outreach - Military (Jacksonville, Huntsville, Austin, San Antonio, Coast Guard - Engage full Task Force Unmanned Air Programs - Learn more (TAMUCC, - Military Future plans Legislative - School District Zoning - Texas Section 313/ wind farms - 50/50 rule - Federal Grants for Military Projects - TXDOT Intergovernmental Support Agreements - DEAAG - 180 day rule Military Infrastructure needs - Utilities - Housing - Child Care Facility - North Gate - Rail access (Port) STMTF Membership as of July 2023: NAME TITLE Alan Wilson Chairman Bob Paulison Former USCG Sector CC CO, Executive Director Coastal Bend Industry Assoc. Dave Edgecomb Former NASCC CO Garry Bradford Texas Military Preparedness Commissioner, Pres/CEO Unique Employment Svcs. Kresten Cook Executive Director STMTF, Former Deputy to the Commander CCAD Steve Banta Exec Director USS Lexington Museum, former CO NASCC Clark Robertson Chief Operating Officer, Port of Corpus Christi Authority Wes Hoskins President, First Community Bank, Past Chairman STMTF Paulette Guajardo Mayor of Corpus Christi Peter Zanoni Corpus Christi City Manager Connie Scott Nueces County Judge May Mendoza Chairman of the Board, UCCCC Al Arreola Jr CEO United Corpus Christi Chamber of Commerce Leah Olivarri Olivarri and Associates Al Jones Former President/CEO American Bank Dan Korus Del Mar College Judge David Krebs San Patricio County Judge Gabriel Guerra President, Kleberg Bank Natalie Villarreal Del Mar College Leanne Libby Director of Communications, CCISD Mark Longoria District Director, REP Michael Cloud Mary Lupe Arana President CEO, GFP Group Roland Hernandez Superintendent CCISD Sam Fugate Mayor of Kingsville Harris, Scott CCREDC Eric Villerreal Former Chair, UCCCC Judge James Teal McMullen County County Judge Ken Trevino CEO, Workforce Solutions of the Coastal Bend Barbara Canales Former Nueces County Judge Todd Hunter State Representative Dan Leyendecker 2022 Chairman CCRTA, Ardurra Engineering John LaRue Past President/CEO United CC Chamber of Commerce, former Port of CC CEO Derrick Majchszak CEO RTA Joe McComb Former CC Mayor Mark McLaughlin Kingsville City Manager, Former CO NASK P. Craig Desmond President, Christus Spohn Hospital Matt Garcia Texas Oil and Gas Association Philip Ramirez President, Turner Ramirez Architects Jennifer Armentrout Sgt Maj USMC (ret) Travis Patterson CEO Halo Flight (former Marine MATSG-22) Mike Rendon Deputy CEO, CCRTA Rob McDonald Executive Director, Corpus Christi MPO AREA MILITARY LEADERSHIP Ben Polak Community Planning Liaison Officer, NASCC CAPT Mike Albus Commodore, Training Wing Four NASCC CAPT Ty Jurica Commanding Officer, Corpus Christi Naval Air Station COL Kyle Hogan Commander, Corpus Christi Army Depot CAPT Hans Govertsen Commanding Officer, USCG Air Sector Corpus Christi CAPT Gunning, Jason Commander, USCG Sector Corpus Christi CAPT Mike Cintron USCG Sector Corpus Christi CAPT Aaron Rybar Commodore Training Air Wing Two (incomming 2023) CAPT Ray “Pancho” Barnes Commodore, Training Wing 2, NASK Rod Benson Deputy to the Commander, Corpus Christi Army Depot David Cirilo Director, S. Texas Relocatable Over The Horizon Radar Team RDML Richard T. Brophy Chief of Naval Air Training CAPT Eric Bromley Commanding Officer, Naval Air Station Kingsville COL Jason Tiger Commanding Officer, Maine Aviation Support Training Group 22 CAPT Jessica Bain Commanding Officer CCNAS Navy Hospital CAPT Stephen Arles Deputy Commander CCNAS Navy Hospital CAPT Jeremy Rifas Chief of Staff, CNATRA LTC Steven Pierce TAMUCC ROTC LTC Tim Owens Commanding Officer USARMY DLA CC Respectfully submitted, K RESTEN COOK, E XECUTIVE DIRECTOR , S OUTH T EXAS MILITARY TASK F ORCE South Texas Military Facilities Task Force - 2023 Budget as of July 2023 Jul-23 2022 YTD Actual 2023 YTD Actual 2023 YTD Budget Annual Variance Contributors/Income 1st Community Bank $0 $5,000 $5,000 $5,000 $0 AEP $0 $5,000 $0 $5,000 ($5,000) City of Corpus Christi $0 $75,000 $75,000 $75,000 $0 Corpus Christi Regional Transportation Authority $0 $25,000 $25,000 $25,000 $0 Nueces County $0 $40,000 $40,000 $40,000 $0 Port of Corpus Christi $18,750 $75,000 $56,250 $75,000 ($18,750) Frost Bank $0 $0 $0 $5,000 ($5,000) San Patricio County $0 $5,000 $0 $5,000 ($5,000) Unique Employment HR Services $0 $20,000 $15,000 $20,000 ($5,000) Total $18,750 $250,000 $216,250 $255,000 ($38,750) Budgeted Expenses Jul-23 2022 YTD Actual 2023 YTD Actual 2023 YTD Budget Annual Variance Supplies (wings for aviators) $0 $2,538 $0 $3,000 ($3,000) Travel & Accomodations $0 $0 $0 $8,304 ($8,304) Meetings & Quarterly Meetings Expenses $133 $10,762 $3,654 $6,000 ($2,346) Exec Director Salary/Allowances Transfer $6,849 $72,984 $47,943 $70,392 ($22,449) Chamber support $1,400 $16,800 $9,800 $16,800 ($7,000) Lobbying and related expenses $11,000 $133,173 $77,000 $134,004 ($57,004) Communications $0 $0 $0 $1,000 ($1,000) Miscellanous $0 $589 $0 $1,000 ($1,000) Total $19,382 $236,845 $138,397 $240,500 ($102,103) 1 SOUTH TEXAS MILITARY TASK FORCE AGREEMENT BETWEEN UNITED CORPUS CHRISTI CHAMBER OF COMMERCE AND THE CITY OF CORPUS CHRISTI This agreement entered into on the date of its execution as set forth below by and between the United Corpus Christi Chamber of Commerce ("UCCC") and the City of Corpus Christi ("City") for the South Texas Military Task Force ("STMTF"). The UCCC is an organization founded for the promotion of businesses, creation and retention of jobs, and overall benefit of Corpus Christi, Texas, Nueces County, and surrounding areas. The STMTF is a committee of the UCCC focused on preserving, expanding, and supporting military activities in South Texas. The City seeks to stimulate business and commercial activities in Corpus Christi, Nueces County, and the area. The STMTF, a committee of the UCCC, will: 1) Stimulate, encourage, and develop business location and commercial activity, including preparation and implementation of strategic plans for maximum utility of area military facilities and other community assets for military activities; 2) Promote and advertise the area by in-person presentations locally and in other areas for the benefit of Corpus Christi, Nueces County, and surrounding areas; 3) Undertake robust advocacy activities to secure, protect, and expand local military bases and activities; 4) Diligently utilize the resources of the STMTF to promote the cause of administration of the program above; and 5) Submit reports semi-annually to The City detailing the activities of the STMTF in the performance of obligations pursuant to this agreement. UCCC shall include in its report a detailed accounting of expenditures of the funds and any measurable results obtained. 6) Submit activity and financial reports to the Intergovernmental Relations Department of the City of Corpus Christi by July 30th for the period of January to June of each year and by January 30th for the period of July-December each year. 7) Allow the Mayor of the City of Corpus Christi to serve as a permanent member of the Executive Committee of the STMTF. The Mayor may designate a member of the staff of the City of Corpus Christi to represent the City, including casting the Mayor’s vote at all meetings of the Task Force. 8) Adopt an annual budget detailing revenues and expenditures in accordance with adopted operating policies and procedures. 9) Have any changes to the adopted operating policies and procedures approved by the Executive Committee of the STMTF. 10) Not adopt policies that conflict with policies, initiatives, and other actions adopted by the United Corpus Christi Chamber of Commerce or its member governmental units. 2 As payment for these services for FISCAL YEAR 2024 (October 1, 2023, through September 30. 2024), the City agrees to provide $75 ,000. UCCC will cause this funding to be segregated from other funds used for activities unrelated to STMTF activities and the purposes of this agreement. This agreement will continue in force and effect until September 30, 2024. In the event the UCCC terminates the program activities subject to this agreement prior to the expiration of this agreement, the balance of any remaining funds shall be returned to the City in the same proportion that the City funds bear to the total funds received or in possession of UCCC to conduct activities related to this agreement. WITNESS our hands on this day of November 2023. Peter Zanoni Al Arreola City Manager President and CEO City of Corpus Christi United Corpus Christi Chamber of Commerce Ryan Skrobarczyk Director, Intergovernmental Relations November 14,2023 Renewal of an agreement with the United Corpus Christi Chamber of Commerce to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2024 in the amount of $75,000. 1 2 South Texas Military Task Force The South Texas Military Task Force (STMTF) is a committee of the United Corpus Christi Chamber of Commerce. It consists of a collection of civilian community and business leaders dedicated to preserving, protecting, and expanding the missions of the South Texas Military Facilities. South Texas Military Installations: •Naval Air Station Corpus Christi •Corpus Christi Army Depot •Naval Air Station Kingsville •Coast Guard Sector/Air Station Corpus Christi 3 South Texas Military Task Force Recent Task Force Activities: •Tracked and engaged on relevant legislation at the state legislature regarding windfarm encroachment •Participate in community events highlighting military installations like the Mayor’s Interagency meeting, Chamber Buenos Dias meeting •Coordinated industry and community support for installation needs •Advocated to the Congressional delegation on behalf of the local Depot regarding declining workload concerns •Hosted visiting military leadership to demonstrate public support of local military activity •Served as military representative on planning organizations like the MPO •Worked to develop installation priorities to leverage new funding through programs like the Defense Community Infrastructure Pilot Program Grant 4 South Texas Military Task Force Task Force Contributors: •City of Corpus Christi •Port of Corpus Christi •Nueces County •Corpus Christi Regional Transportation Authority •San Patricio County •AEP •1st Community Bank •Unique Employment HR Services •Frost Bank 5 South Texas Military Task Force Since 2013, the City of Corpus Christi has contributed $75,000 annually through the support agreement with the Task Force Staff recommends renewal of the agreement to support the operations and activities of the South Texas Military Task Force during Fiscal Year 2024 in the amount of $75,000. 6 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health fauziak@cctexas.com (361) 826-7202 Josh Chronley, Assistant Director of Finance-Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the execution of a two-year service agreement with Metopio, Inc., of Chicago, Illinois, for an amount not to exceed $87,900.00, for a community health assessment of the Corpus Christi Nueces County Public Health District, with FY2024 funding in the amount of $87,900.00 from the Health District 1115 Waiver Fund. SUMMARY: A Community Health Assessment (CHA) provides a comprehensive overview of the current health status, health needs, health issues, and health concerns in Nueces County. This information allows the Public Health District to develop a Community Health Improvement Plan (CHIP) that justifies how and where resources should be allocated to best meet community needs. Utilizing comprehensive, reliable, and recent data is critical to planning public health efforts such as targeted outreach and vaccination campaigns. Metopio Inc. was selected after Finance and Procurement conducted a competitive Request for Proposal to conduct the Community Health Assessment as they were the highest-ranking firm offering the best value to the City. BACKGROUND AND FINDINGS: As part of the FY 2024 Budget, City Council approved a budget of $300,000.00 for Enhancement 4 – Community Health Assessment, as submitted by the Corpus Christi – Nueces County Public Health District. This enhancement serves as the first step towards Public Health Community Health Assessment Approval of a two-year service agreement with Metopio, Inc., of Chicago, Illinois, for an amount not to exceed $87,900.00, to conduct a community health assessment for the Corpus Christi – Nueces County Public Health District AGENDA MEMORANDUM Action Item for the City Council Meeting November 14, 2023 Accreditation, which is a multiyear process that ensures the Public Health District is meeting industry standards and utilizing best practices. Additionally, the budget presentation highlighted that the required assessments for accreditation will be contracted to professional agencies that are qualified to create the assessments, conduct large-scale surveys, and create the required databases for each assessment. The Corpus Christi – Nueces County Public Health District has not previously conducted a Community Health Assessment, which highlights the need for this foundational study. As highlighted in the budget presentation, a Community Health Assessment is required for accreditation. Achieving accreditation will allow the Corpus Christi – Nueces County Public Health District to promote public trust which will demonstrate an ongoing commitment to quality and performance improvement as well as improve health outcomes. Metopio, Inc. presented a compelling proposal for the completion of the scope of work for this project. The agency has a track record of success within Corpus Christi, as they recently completed a comprehensive community health assessment for CHRISTUS Health. Additionally, Metopio, Inc. has an integrated data management and data visualization system which allows for increased accessibility and data transparency. This will allow the public to engage with the Community Health Assessment in a way that would not be possible with just a report. This system will collect de-identified/anonymized data which will contain no protected patient health information. PROCUREMENT DETAIL: Finance and Procurement conducted a competitive Request for Proposals (RFP) to obtain qualified firms to provide a community health assessment. Four responsive, responsible proposals were received, which were evaluated by the City’s evaluatio n committee. All four firms were interviewed according to the technical and evaluation criteria on the Request for Proposals. The evaluation committee was comprised of members from the Health District. Proposals were evaluated against the published criteria in the RFP. The evaluation committee rated each proposer and was scored according t o 1) the Firm’s experience 2) Team identification 3) Understanding of the project scope 4) Pricing. Final scores were tabulated for each firm to determine the highest -ranking firm offering the best value to the City. Staff is recommending award to Metopio, Inc. ALTERNATIVES: Decline the service agreement, resulting in the inability to proceed with the Community Health Assessment and related Health Department enhancement. FISCAL IMPACT: If approved total contract value for a two-year service agreement with Metopio, Inc. will be for an amount not to exceed 87,900.00. These funds come from the Health District 1115 Waiver fund. FUNDING DETAIL: Fund: 1049 Organization/Activity: 12668 Mission Element: 44 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends approval of the item. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 SERVICE AGREEMENT NO. 4871 Community Health Assessment for NCCCPHD THIS Community Health Assessment Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”) and Metopio, Inc. (“Contractor"), effective upon execution by the City Manager or the City Manager’s designee (“City Manager”). WHEREAS, Contractor has bid to provide Community Health Assessment in response to Request for Bid/Proposal No. 4871 (“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 Community Health Assessment (“Services”) in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A)The Term of this Agreement is two years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City’s Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods (“Option Period(s)”), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B)At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days’ written notice to the other Party. 3.Compensation and Payment. This Agreement is for an amount not to exceed $87,900.00, subject to approved extensions and changes. Payment will be made DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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: Kevin Hensley Health Department Phone: 361-826-7293 Email: kevinhe@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance (“COI”), as proof of the required insurance coverages, to the City’s Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days’ advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 Agreement by reference as if each bond’s terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7.Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item’s bid/proposal price, must be paid by the Contractor within 30 days of receipt of City’s invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B)In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C)Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City’s actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City’s product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City’s City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Kevin Hensley Public Health Administrator 1702 Horne Road, Corpus Christi, TX 78416 Phone: 361-826-7293 Fax: n/a IF TO CONTRACTOR: Metopio, Inc. Attn: Angela Grover Cofounder/COO 350 N Orleans Street, #9000N, Chicago, IL 60654 Phone: 708-964-5979 DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Fax: N/A 17.CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A)The City may terminate this Agreement for Contractor’s failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B)Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19.Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner’s manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 20.Limitation of Liability. The City’s maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23.Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A.this Agreement (excluding attachments and exhibits); B.its attachments; C.the bid solicitation document including any addenda (Exhibit 1); then, D.the Contractor’s bid response (Exhibit 2). 24.Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 “Certificate of Interested Parties” as part of this Agreement if required by said statute. 25.Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26.Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 27.Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI ________________________________________________ Josh Chronley Assistant Director of Finance - Procurement Date: _________________________ Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1: RFB/RFP No. 4871 Exhibit 2: Contractor’s Bid/Proposal Response DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Angie Grover 10/6/2023 Chief Operating Officer Page 1 of 3 Attachment A: Scope of Work 1.1 General Requirements The goal of the Community Health Assessment (CHA) is to: A. Identify and describe the factors that impact the health and wellbeing of the residents of Nueces County. B. Identify and describe the corresponding social, economic, non-medical factors that impact residents’ ability to address the aforementioned factors. C. Ensure a representative sample of the population of Nueces County is reflected in the CHA. 1.2 Scope of Work A. The Proposer shall conduct research to create a baseline assessment of the health trends in Nueces County. 1. Ensuring the assessment utilizes the following frameworks and data sources. a. Corpus Christi Nueces County Public Health District (CCNCPHD) data – Charity Care Data b. Social determinants of health c. Healthy equity approach and measures d. Healthy people 2030 e. Centers for disease control and prevention (CDC) disease indicators f. Census data g. Christus Spohn Community Health Assessment h. Nueces County Mental Health Survey i. Other relevant data that is identified by the Proposal and approved by CCNCPHD B. The Proposer shall assist the CCNCPHD with community engagement and develop prioritization strategies for all CHA activities. C. The Proposer shall create a preliminary CHA survey by eliciting input from a diverse range of stakeholders (no less than 10) and the CCNCPHD. D. The Proposer shall conduct a pilot study of the preliminary CHA survey with no less than 100 community members. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Page 2 of 3 1. The survey shall include an option for participants to give feedback. 2. Utilizing the results of the pilot study, the Proposer shall return to the stakeholder group and: a. Update the survey by rectifying identified deficiencies and reviewing the feedback given by participants. b. Following a review with the stakeholder group, implement approved changes from the pilot study group. c. Create and submit for approval a final survey to be delivered to 1% of Nueces County residents. E. The Proposer shall conduct a survey designed to collect and evaluate qualitative and quantitative data on health outcomes for a sample size of no less than 3,500 residents of Nueces County. The Proposer shall: a. Have the survey questions and parameters approved by the CCNCPHD prior to distribution of the survey to residents. b. Conduct the approved survey from item (C) with a sample size of no less than 3,500 residents of Nueces County. c. The Proposer shall ensure the survey is conducted in a manner that is inclusive of all zip codes in Nueces County. The Proposer shall ensure the survey is accessible via a variety of methods including digitally, in person, by mail, or by phone. d. Once sufficient survey responses are achieved, the Proposer shall: 1) Analyze and verify all data collected and identify common trends. 2) Create visualizations of the primary and secondary data and identify common trends for public distribution. 3) Create visualizations of the primary and secondary data and identify common trends for distribution to stakeholders with more in depth analysis of root causes. F. The Proposer shall produce a final CHA report that includes all aforementioned survey information, research, data, and fulfills all aspects and requirements as listed by the Standards & Measures for Initial Accreditation (Version 2022) from the Public Health Accreditation Board for Measure 1.1.1 & Measure 1.1.2. G. The Proposer shall present findings to stakeholders. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Page 3 of 3 H. All data and information obtained, collected, reviewed, and compiled in any form or manner by Proposer shall be de-identified/anonymized as to any specific individual. DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 CITY OF CORPUS CHRISTI Pricing Form CONTRACTS AND PROCUREMENT RFP No. 4871 Community Health Assessment DATE: Metopio, Inc 8/2/23 PAGE 1 of 1 PROPOSER AUTHORIZED SIGNATURE 1.Refer to ͞InƐƚƌƵcƚionƐ to PƌopoƐeƌƐ͟ and Contract Terms and Conditions before completing proposal. 2.Provide your best price for each item. 3.In submitting this proposal, Proposer certifies that: a.the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b.Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with CitLJ͛s Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c.Proposer has incorporated any changes issue through Addenda to the RFP in this pricing. Item Description Unit Price 1 Community Health Assessment Services LumpSum $87,900 Attachment B: Bid/Pricing Schedule DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Attachment C: Insurance Requirements No insurance is required for this service agreement. Page 1 of 1 DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 Attachment D: Warranty Requirements No warranty is required for this service agreement. Page 1 of 1 DocuSign Envelope ID: 0436B905-C8C8-41AA-8CEB-DE692153B158 RFAL No. 4871 Community Health Assessment Sr. Buyer: Minerva Alvarado Proposal Evaluation Score Metopio, Inc.Syra Health Corp. Health Management Associates, Inc. Health Resources in Action, Inc. Chicago, IL Carmel, IN Lansing, MI Boston, MA Minimum Qualifications Required three years in business Pass/Fail No material lawsuits during last three years Pass/Fail No material regulatory issues last three years Pass/Fail Registered to do business in the State of Texas Pass/Fail Minimum Qualification Pass/Fail Technical Proposal Firm's Experience 18.0 13.9 12.0 11.6 12.0 Team Experience 18.0 10.5 12.8 12.8 12.8 Understanding of Project Scope 14.0 11.7 10.5 10.5 10.5 Subtotal Technical Proposal 50.0 36.1 35.3 34.9 35.3 Interview Firm's Experience 8.0 7.3 3.3 4.7 4.7 Team Identifiction 10.0 8.3 6.7 6.7 5.8 Understanding of Project Scope 12.0 8.3 6.7 6.7 5.8 Subtotal Interview 30.0 24.0 16.7 18.0 16.3 Price Price 20.0 20 10 9 9 Subtotal References 20.0 20.0 10.3 8.9 8.8 Total 100.0 80.1 62.3 61.8 60.4 Motion City Council November 14, 2023 Motion authorizing the execution of a two-year service agreement with Metopio, Inc., of Chicago, Illinois, for an amount not to exceed $87,900.00, for a community health assessment of the Corpus Christi Nueces County Public Health District, with FY2024 funding in the amount of $87,900.00 from the Health District 1115 Waiver Fund. A Community Health Needs Assessment identifies key health needs and issues through systematic, comprehensive data collection and analysis. As part of the FY 2024 Budget, City Council approved Enhancement 4 – Community Health Needs Assessment, as submitted by the Corpus Christi – Nueces County Public Health District. The enhancement serves as the first step towards Public Health Accreditation, which is a multiyear process. As highlighted in the budget presentation, the required assessments will be contracted to professional agencies that are qualified to conduct the assessments. 2 Summary & Background City Council November 14, 2023 City Council November 14, 2023 Fiscal impact If approved total contract value for a two-year service agreement with Metopio, Inc. will be for an amount not to exceed 87,900.00. These funds come from the Health District 1115 Waiver fund. Staff Recommends Approval Fiscal Impact and Staff Recommendation DATE: October 17, 2023 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Department RobertD4@cctexas.com (361) 826-3133 CAPTION: Ordinance accepting a grant in the amount of $346,991 from the Coastal Bend Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; appropriating funds in the amount of $346,991 Grants Fund; and amending the operating budget. SUMMARY: The City of Corpus Christi’s Parks & Recreation Department, in conjunction with the city’s Grants Program Manager, proactively submitted a proposal to the Coastal Bends Bays & Estuaries Program (CBBEP) Human Uses Team for necessary improvements to the Hans & Pat Suter Wildlife Refuge. CBBEP confirmed that the proposed submittal was approved by the CBBEP Board of Directors as part of CBBEP’s FY24 workplan. BACKGROUND AND FINDINGS: The Hans & Pat Suter Wildlife Refuge, located at 6001 Ennis Joslin Road, is a well-known park for observing and exploring the diverse, coastal ecosystem of the Oso Bay. The Refuge serves as an important resource for tourism, education, and recreation. The Refuge has a 1.3-mile nature trail and an 800-foot boardwalk which allows for remarkable views of the bay, grassy marshes, woodlands, and mudflats. The Refuge highlights how migratory birds/waterfowl can thrive in an urban development. The Refuge is a highly visited park and is popular among birdwatchers and local conservation groups. A strategy of the 10-year Parks & Recreation Master Plan is to utilize partnerships with birding businesses to promote/advertise birding activities and tours. The Refuge provides a unique opportunity to use the area’s natural resources and variety of flora/fauna for a successful, nature- based recreation and tourism program. Nature-based recreation/tourism strategies can increase revenues and strengthen economic development by creating/supporting local nature businesses and hospitality industries. The proposed improvements include shoreline management to address erosion (southside of the Acceptance of a Grant from the Coastal Bends Bays & Estuaries Program for Improvements to the Hans & Pat Suter Wildlife Refuge AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of November 14, 2023 Second Reading Ordinance for City Council Meeting November 28, 2023 site) and substantial repairs to the current asphalt trail. The last significant improvements to the Park took place in 2010. The current trail is in much need of repair, and it is proposed to resurface/convert the trail to an 8-foot-wide, concrete trail (ADA accessible). The new trail will improve safety and resiliency to sustain inclement weather; improve accessible tourism and recreation. Initiatives have been proposed for shoreline management to stabilize/reduce further erosion. Erosion has also become a hazard along the trail at the water’s edge where a portion of the trail has collapsed or washed away. Improving shoreline protection with well managed access areas helps reduce natural resource damage and maintains wildlife habitats; ensures that visitors continue to benefit from a safe, coastal ecosystem. CBBEP estimates the funds will be made available by December 2023. Staff have determined that a two-year timeline to complete the project is achievable with construction bids for the erosion improvements to take place first. Construction bids for the trail improvements will follow to avoid damage to the trail that can be caused by the heavy equipment that is used for erosion improvements. ALTERNATIVES: The alternative would be to not accept the grant. However, not accepting the grant will cause further damage to the Refuge if not addressed. FISCAL IMPACT: There is no fiscal impact as the City will not be responsible for providing an in-kind match/funding for this grant. RECOMMENDATION: Staff recommend approval to accept the grant from CBBEP for improvements to the Hans & Pat Suter Wildlife Refuge. LIST OF SUPPORTING DOCUMENTS: Presentation Ordinance City Council Meeting November 14, 2023 Grant from the Coastal Bend Bays & Estuaries Program (CBBEP) for Improvements to the Hans & Pat Suter Wildlife Refuge 1 2 Background •The Hans & Pat Suter Wildlife Refuge is a well-known park with a 1.3-mile nature trail for observing & exploring the diverse, coastal ecosystem of the Oso Bay. •Parks & Recreation, in conjunction with the Grants Program, submitted a proposal to the CBBEP’s Human Uses Team for necessary improvements to the Refuge. •The proposal included much needed improvements to the current asphalt trail & shoreline management to address erosion (southside of the site). •The proposal was approved by the Human Uses Team in August 2023. 3 Nature Trail •It is proposed to resurface/convert the current trail to an 8-foot-wide, concrete trail (ADAaccessible). •The new trail will improve safety & resiliency to sustain inclement weather; improve accessible tourism and recreation. 4 Shoreline Management •Erosion has become a hazard along the trail at the water’s edge where a portion has collapsed or washed away. •Shoreline protection (i.e., riprap/grid installation) along with relocating the trail further from the bay & implementing a living shoreline can help stabilize/reduce further erosion. •Well managed access areas help reduce natural resource damage & maintain wildlife habitats. 5-foot drop 22-feet 5 Proposed Timeline •CBBEP estimates the funds will be made available by December 2023. •The Ordinance will proceed to appropriate the funds with a tentative date scheduled in December 2023 for Mayor & City Council consideration. •Staff have determined that a two-year timeline for project completion is achievable. •Construction bids for the erosion improvements will take first priority after passage of the Ordinance. •Construction bids for the trail improvements will follow to avoid trail damage which can be caused by the heavy equipment used for erosion improvements. 6 Policy Alignment •The Refuge provides a unique opportunity to use the area’s natural resources for a successful, nature-based recreation & tourism program. •Nature-based recreation/tourism strategies can increase revenues & strengthen economic development by creating & supporting local nature businesses/hospitality industries. •A strategy of the 10-year Parks & Rec Master Plan is to utilize partnerships with birding businesses to promote/advertise birding activities & tours. 7 Recommendation •Staff recommends approval to accept Grant funds from the CBBEP for improvements to the Hans & Pat Suter Wildlife Refuge. Ordinance accepting a rant in the amount of $346,991 from the Coast Bends Bays & Estuaries Program Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge; and appropriating funds in the amount of $346,991 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 $346,991 from the Coastal Bends Bays & Estuaries Program (CBBEP) Human Uses Team for improvements to the Hans & Pat Suter Wildlife Refuge. The improvements are to include repairs to and widening of the asphalt trail to an 8-foot-wide concrete trail and shoreline management and protection to stabilize/reduce further erosion. SECTION 2. That $346,991 is appropriated in the Grants Fund from the CBBEP Human Uses Team Program for the improvements described in Section 1. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: _____________________ __________________________ Paulette Guajardo, Mayor Rebecca Huerta, City Secretary DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith kevins4@cctexas.com (361) 826-1292 CAPTION: Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating Fund; and amending the FY 2024 Operating Budget. SUMMARY: The acquisition of this 68.2-acre tract of land will enable the Corpus Christi Airport Department to expand with future development of Corpus Christi International Airport. This property is adjacent to current airport property and can be used for aeronautical or nonaeronautical use and contributes to the airport’s grant assurance requirements to maintain and preserve compatible land use surrounding the airport. BACKGROUND AND FINDINGS: The 2007 Airport Master Plan Update included potential growth southwest, including a potential parallel Runway 13-31 as a third runway. This runway would be located approximately 1,500 feet southwest of the current Runway 13 -31 and would require the acquisition of additional property to accommodate the construction. This property acquisition is consistent with the 2007 Airport Master Plan Update. The airport is currently undergoing a new Airport Master Plan that outlines the next 25 years of airport development, which will assess the best use of this land and any alternatives to a parallel runway that could be more beneficial or valuable to the airport. The proposed property is located adjacent to the current airport property on the Southwest side of Runway 13-31, at Kosar Road (CR 34), Corpus Christi, TX 78406. The property is located outside of the Airport Operations Area fence line, making it more turnkey for nonaeronautical development opportunities that don’t require access to the airfield infrastructure. AGENDA MEMORANDUM First Reading for the City Council Meeting of November 14, 2023 Second Reading for the Council Meeting of November 28, 2023 Land Purchase of 68.2 acres for future development purposes As a condition of accepting federal grants, the airport is subject to federal grant assurances. Grant Assurance 21 requires the airport to preserve compatible land use surrounding the airport, to prevent inappropriate or incompatible activities from encroaching upon the safe aviation environment at the airport. The acquisition of land is the most effective method of ensuring compatible land use, so the purchase of this land helps ensure the airport remains in compliance with these federal grant assurances. ALTERNATIVES: The alternative is not to purchase the land and not expand the airport property lines, which conflicts with the current Airport Master Plan and could jeopardize the airport’s ability to comply with federal Grant Assurance 21. FISCAL IMPACT: The fiscal impact for the purchase is $678,000 with funding available from 4610 – 251850 Fund Balance. Funding Detail From: 4610 – 251850 – Fund Balance To: 4610 – Airport Operating ORG: 35000 – Administration Account: 550005 - Land & Land Rights Department: 53 - Aviation Amount: $678,000.00 RECOMMENDATION: Staff recommend purchasing the 68.2 acres of adjacent land for future expansion of the Corpus Christi International Airport. LIST OF SUPPORTING DOCUMENTS: Ordinance Title Commitment Real Estate Contract Ordinance authorizing a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00; appropriating $678,000.00 from the unreserved fund balance in the Airport Operating 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 Operating Budget, adopted by Ordinance No. 033151, is amended to appropriate $678,000.00 from the unreserved fund balance to the Airport Operating Fund and increase expenditures by $678,000.00. SECTION 2. The City Manager or designee is authorized to execute a real estate sales contract with David S. Ramirez and Mike S. Ramirez to purchase 68.2 acres of land in the amount of $678,000.00. Introduced and voted on the _____ day of ________________, 2023. PASSED and APPROVED on the _____ day of ________________, 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Buyers and Sellers Beware Criminals are targeting real estate transactions. Don’t be a victim of wire fraud. What is wire fraud and how does it occur? Criminals are targeting real estate transactions by gaining access to electronic communications or sending emails that appear to be from a title company, a real estate agent, a lender, or another trusted source. These fraudulent emails appear legitimate and direct you to wire funds to a fraudulent account. Once you wire funds to the fraudulent account, your money is gone. How can you protect yourself from wire fraud? You should not send personal information, such as bank account numbers or other financial information, via email or other unsecured electronic communication. San Jacinto Title will never use any electronic communications, such as email, text messages, or social media messages, to ask you to wire funds or provide personal information. If you receive any electronic communication regarding wiring instructions, even if the communication appears to come from a legitimate source, you should contact San Jacinto Title in person or via phone call using a phone number from our website www.sanjacintotitle.com. If you think you are being targeted in a wire fraud scam, immediately notify law enforcement, San Jacinto Title, your lender, and your real estate agent. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 THE FOLLOWING COMMITMENT FOR TITLE INSURANCE IS NOT VALID UNLESS YOUR NAME AND THE POLICY AMOUNT ARE SHOWN IN SCHEDULE A, AND OUR AUTHORIZED REPRESENTATIVE HAS COUNTERSIGNED BELOW. COMMITMENT FOR TITLE INSURANCE Issued By FIDELITY NATIONAL TITLE INSURANCE We (Fidelity National Title Insurance) will issue our title insurance policy or policies (the Policy) to You (the proposed insured) upon payment of the premium and other charges due, and compliance with the requirements in Schedule C. Our policy will be in the form approved by the Texas Department of Insurance at the date of issuance, and will insure your interest in the land described in Schedule A. The estimated premium for our Policy and applicable endorsements is shown on Schedule D. There may be additional charges such as recording fees, and expedited delivery expenses. This Commitment ends ninety (90) days from the effective date, unless the Policy is issued sooner, or failure to issue the Policy is our fault. Our liability and obligations to you are under the express terms of this Commitment and end when this Commitment expires. San Jacinto Title Services of Texas, LLC Authorized Signatory CONDITIONS AND STIPULATIONS Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Conditions and Stipulations 1. If you have actual knowledge of any matter which may affect the title or mortgage covered by this Commitment, that is not shown in Schedule B, you must notify us in writing. If you do not notify us in writing, our liability to you is ended or reduced to the extent that your failure to notify us affects our liability. If you do notify us, or we learn of such matter, we may amend Schedule B, but we will not be relieved of liability already incurred. 2. Our liability is only to you, and others who are included in the definition of Insured in the Policy to be issued. Our liability is only for actual loss incurred in your reliance on this Commitment to comply with its requirements, or to acquire the interest in the land. Our liability is limited to the amount shown in Schedule A of this Commitment and will be subject to the following terms of the Policy: Insuring Provisions, Conditions and Stipulations, and Exclusions. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A COMMITMENT FOR TITLE INSURANCE (FORM T-7) SCHEDULE A Issued By FIDELITY NATIONAL TITLE INSURANCE Effective Date: October 9, 2023 GF No.: 230246395 Commitment No.230246395, issued October 19, 2023,08:00 AM 1. The policy or policies to be issued are: a.OWNER'S POLICY OF TITLE INSURANCE (Form T-1) (Not applicable for improved one-to-four family residential real estate) Policy Amount:TBD PROPOSED INSURED:The City of Corpus Christi b.TEXAS RESIDENTIAL OWNER'S POLICY OF TITLE INSURANCE ONE-TO-FOUR FAMILY RESIDENCES (Form T-1R) Policy Amount: PROPOSED INSURED: c.LOAN POLICY OF TITLE INSURANCE (Form T-2) Policy Amount: PROPOSED INSURED: Proposed Borrower: d.TEXAS SHORT FORM RESIDENTIAL LOAN POLICY OF TITLE INSURANCE (Form T-2R) Policy Amount: PROPOSED INSURED: Proposed Borrower: e.LOAN TITLE POLICY BINDER ON INTERIM CONSTRUCTION LOAN (Form T-13) Binder Amount: PROPOSED INSURED: Proposed Borrower: f.OTHER Policy Amount: PROPOSED INSURED: 2. The interest in the land covered by this Commitment is: Fee Simple SCHEDULE A (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A 3. Record title to the land on the Effective Date appears to be vested in: David S. Ramirez and Mike S. Ramirez Title via: Warranty Deed dated March 1, 2006, from Aurelia T. Scogin, et al., to Epitacio V. Ramirez, David S. Ramirez and Mike S. Ramirez, recorded in Document No. 2006015183, Official Public Records of Nueces County, Texas; and Warranty Deed dated Dec. 14, 2013, from Epitacio V. Ramirez, to Mike S. Ramirez and David S. Ramirez, Tenants in Common, recorded in Document No. 2014000027, Official Public Records of Nueces County, Texas. 4. Legal description of land: Field Notes for a 68.2 acres, more or less, out of the G.C. & S.F.R.R. Co., Survey No. 315, Abstract 818, Nueces County, Texas, described in that certain Partition Deed dated February 7, 1945, by and between Martha J. Scogin, et al, recorded in Votume 310, Page 182, of the Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a metal spur on the centerline of McGloin Road for the Southwest corner of Share 4, Margaret Kelly Land, recorded in Volume 8, Page 40, Map Records of Nuees County, Texas, also the Southeast corner of this tract and POINT for the Southwest corner Map Records of Nueces OF BEGINNING; THENCE North 01° 20' 00" West 40.00 feet pass a 60 penny nail found, in all a total distance of 3720.51 feet to a 5/8 inch iron rod found for the Northwest corner of this tract; THENCE North 88° 40' 00" East along the boundary line of Christi International Airport, for a distance of 806.90 feet to a 5/8 inch iron rod found, the Northeast corner of this tract; THENCE South 01° 20' 00" East along the boundary line of Corpus Christi International Airport at 360.51 feet pass the North R.O.W. line of McGloin Road, in all a distance of 3720.51 feet to a 5/8 inch iron rod, for the Southeast corner of this; THENCE South 88° 40' 00" West along the centerline of McGloin Road, for a distance of 806.90 feet to the POINT OF BEGINNING, containing 68.2 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. SCHEDULE A (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule A San Jacinto Title Services of Texas, LLC Authorized Signatory Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B SCHEDULE B Commitment No.: 230246395 GF No.: 230246395 EXCEPTIONS FROM COVERAGE In addition to the Exclusions and Conditions and Stipulations, your Policy will not cover loss, costs, attorney's fees, and expenses resulting from: 1.The following restrictive covenants of record itemized below: This item is deleted. (Omitting any covenant or restriction based on race, color, religion, sex, disability, handicap, familial status or national origin.) 2.Any discrepancies, conflicts, or shortages in area or boundary lines, or any encroachments or protrusions, or any overlapping of improvements. 3.Homestead or community property or survivorship rights, if any of any spouse of any insured. (Applies to the Owner's Policy only.) 4.Any titles or rights asserted by anyone, including, but not limited to, persons, the public, corporations, governments or other entities, a.to tidelands, or lands comprising the shores or beds of navigable or perennial rivers and streams, lakes, bays, gulfs or oceans, or b.to lands beyond the line of the harbor or bulkhead lines as established or changed by any government, or c.to filled-in lands, or artificial islands, or d.to statutory water rights, including riparian rights, or e.to the area extending from the line of mean low tide to the line of vegetation, or the rights of access to that area or easement along and across that area. (Applies to the Owner's Policy only.) 5.Standby fees, taxes and assessments by any taxing authority for the year 2023, and subsequent years; and subsequent taxes and assessments by any taxing authority for prior years due to change in land usage or ownership, but not those taxes or assessments for prior years because of an exemption granted to a previous owner of the property under Section 11.13, Texas Tax Code, or because of improvements not assessed for a previous tax year. (If Texas Short form Residential Loan Policy (T-2R) is issued, that policy will substitute "which become due and payable subsequent to Date of Policy" in lieu of "for the year 2022, and subsequent years.") 6.The terms and conditions of the documents creating your interest in the land. SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B 7.Materials furnished or labor performed in connection with planned construction before signing and delivering the lien document described in Schedule A, if the land is part of the homestead of the owner. (Applies to the Loan Title Policy Binder on Interim Construction Loan only, and may be deleted if satisfactory evidence is furnished to us before a binder is issued.) 8.Liens and leases that affect the title to the land, but that are subordinate to the lien of the insured mortgage. (Applies to Loan Policy (T-2) only.) 9.The Exceptions from Coverage and Express Insurance in Schedule B of the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). (Applies to Texas Short Form Residential Loan Policy of Title Insurance (T-2R) only.) Separate exceptions 1 through 8 of this Schedule B do not apply to the Texas Short Form Residential Loan Policy of Title Insurance (T-2R). 10.The following matters and all terms of the documents creating or offering evidence of the matters: a.Right of parties in possession. (Owner's Policy Only) b.Rights of tenants in possession, as tenants only, under unrecorded lease agreements.(May be deleted with appropriate Affidavit at closing.) c.Any visible and apparent unrecorded easements on the insured property.(Owner’s Policy Only) d.Rights of the Public in and to any portion of subject property lying within a public road. (To be deleted upon receipt and review of a current on the ground survey, eliminating portion, if any, from metes and bounds description). e.Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the title that would be disclosed by an accurate and complete land survey of the land. (NOTE: Upon receipt of a survey acceptable to the Company, this exception will be deleted. Company reserves the right to add additional exceptions per its examination of said survey.) f.Building, Zoning, Platting and/or Regulatory Laws and/or Ordinances of any Municipal and/or other Governmental Authority. SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B g.The Company does not insure title to, and excepts from the description of the Land, coal, lignite, oil, gas and other minerals in, under and that may be produced from the Land, together with all rights, privileges, and immunities relating thereto; the same are EXCLUDED FROM COVERAGE under this policy. h.All leases, grants, exceptions or reservations of coal, lignite, oil, gas and other minerals, together with all rights, privileges, and immunities relating thereto, appearing in the Public Records whether listed in Schedule B or not. There may be leases, grants, exceptions or reservations of mineral interest that are not listed. i.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: March 19, 1941 Recording No:160985, Volume 257, Page 397, Deed Records of Nueces County, Texas. (Blanket) j.Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: State of Texas Highway Department of Texas by J. J. Scogin, Sr. Purpose: Roadway, highway and appurtenance purposes Recording Date: September 7, 1933 Recording No:81692, Volume 207, Page 329, Deed Records of Nueces County, Texas. (Defined) k.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The Crown Central Transportation Corporation, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: October 18, 1939 Recording No:121000, Volume 235, Page 194, Deed Records of Nueces County, Texas. (Blanket) SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B l.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Duval Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: September 4, 1937 Recording No:119657, Volume 233, Page 305, Deed Records of Nueces County, Texas. (Blanket) m.Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: State of Texas Purpose: Roadway, highway and appurtenance purposes Recording Date: February 15, 1941 Recording No:159586, Volume 265, Page 634, Deed Records of Nueces County, Texas. (Defined) n.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: March 19, 1941 Recording No:160985, Volume 267, Page 397, Deed Records of Nueces County, Texas. (Blanket) o.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated June 8, 1945, from James Jefferson Scogin, to J. L. Scogin, conveying his stated 1/10th undivided interest in subject property Recording No.: 208864, Volume 312, Pages 114-115, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors undivided interest in and to oil, gas and other mineral royalty for a term of 10 years and as long as production continues, non-participating Said mineral interest not traced subsequent to the date of the above-cited instrument. SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B p.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated July 26, 1950, from Gabriel Newton Scogin, to J. L. Scogin, conveying his stated 1/10th undivided interest in subject property Recording No.: 309511, Volume 483, Page 41, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of a non-participating (all grantors undivided interest) in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. q.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated May 7, 1945, from Eunice Scogin Franklin, et vir., to J. L. Scogin, conveying her stated 1/20th undivided interest in subject property Recording No.: 208862, Volume 312, Pages 110-112, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors non-participating undivided interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. r.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated May 7, 1945, from Clellie E. Scogin, to J. L. Scogin, conveying her stated 1/20th undivided interest in subject property Recording No.: 208863, Volume 312, Pages 112-114, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors non-participating undivided interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues, non-participating Said mineral interest not traced subsequent to the date of the above-cited instrument. s.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated June 17, 1949, from Marion Richard Scogin, et al., to J. L. Scogin, conveying their porportionate undivided interest in subject property Recording No.: 285227, Volume 440, Page 336, Deed Records of Nueces County, Texas. Which document contains the following language: Reservation of all grantors undivided non-participating interest in and to oil, gas and other mineral royalty for a term of 20 years and as long as production continues Said mineral interest not traced subsequent to the date of the above-cited instrument. SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B t.Interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in Mineral/Royalty Deed dated Nov. 19, 1955, from Mrs. Ruth D. Scogin to Annie Josephine Scogin and Beulah Mae Scogin Recording No.: 446595, Volume 148, Page 595, Oil and Gas Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. u.Leases for coal, lignite, oil, gas or other minerals, together with rights incident thereto 1) in favor of Renwar Oil Corp, in counterparts, recorded in File No. 271841, Volume 95, page 89, File No. 271842, Volume 95, Page 94,File No. 271843, Volume 95, Page 98, and File No. 271844, recorded in Voume 95, Page 103, Oil and Gas Records of Nueces County, Texas; 2) in favor of Richard E. Haas, recorded in File No. 705656, Volume 409, Page 890, Oil and Gas Records of Nueces County, Texas; 3) in favor of T. S. Dudley Land Company, Inc., recorded in Document No. 2002016000, Document No.2002015708, Document No.2002016180, Document No.2002016181, and Document No. 2002017474, Official Public Records of Nueces County, Texas; 4) in favor of Cummins & Walker Oil Co., Inc, recorded in File No. 730402, Volume 249, Page 348, Oil and Gas Records of Nueces County, Texas; 5) in favor of Murphy H. Baxter, recorded in File No. 237056, Volume 348, Page 179, Oil and Gas Records of Nueces County, Texas, and extension thereof recorded in File No. 356723, Volume 367, Page 630, Oil and Gas Records of Nueces County, Texas; 6) in favor of A J. Kelly and F. C. Payne, recorded in File No. 412176, Volume 141, Page 586, Oil and Gas Records of Nueces County, Texas; 7) in favor of Triple L Oil Company, Inc, recorded in File No. 38721, Volume 314, Page 470, Oil and Gas Records of Nueces County, Texas; Reference to said instruments are made for all purposes. No further search of title has been made as to the interest(s) evidenced by the instruments, and the Company makes no representation as to the ownership or holder of such interest(s). v.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Magnolia Pipe Line Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: October 26, 1946 Recording No:230653, Volume 349, Page 70, Deed Records of Nueces County, Texas. (Partially defined) SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B w.Right of Way Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: County of Nueces, State of Texas Purpose: Roadway and appurtenance purposes Recording Date: July 9, 1953 Recording No:378397, Volume 601, Page 429, Deed Records of Nueces County, Texas. (Defined) x.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Sun Oil Company, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording Date: September 21, 1953 Recording No:383301, Volume 610, Page 141, Deed Records of Nueces County, Texas. (Blanket) As amended by instrument dated Oct. 8, 1952, recorded in File No. 389611, Volume 619, Page 575, Deed Records of Nueces County, Texas. y.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: May 3, 1956 Recording No:463175, Volume 742, Page 45, Deed Records of Nueces County, Texas. (Partially defined) z.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Central Power and Light Company Purpose: Electric distribution system and appurtenance purposes Date: May 8, 1968 Recording No:509927, Volume 818, Page 341, Deed Records of Nueces County, Texas. (Partially defined) SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B aa.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: The City of Corpus Christi, Texas Purpose: Water pipeline and appurtenance purposes Recording Date: April 27, 1955 Recording No:429647, Volume 686, Page 258, Deed Records of Nueces County, Texas. (Blanket) ab.Deed Controlled Access Highway Facility dated July 69, 18, 1969, from Annie Josephine Scogin, et al., to State of Texas, recorded in File No. 798084, Volume 1346, Page 457, Deed Records of Nueces County, Texas. (3.337 acres) ac.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: City of Corpus Christi, Texas Purpose: Roadway, utilities and appurtenance purposes Recording Date: March 2, 1959 Recording No:524827, Volume 841, Page 607, Deed Records of Nueces County, Texas. (Partially defined) ad.Terms and provisions contained in Surface Lease, Road and Pipeline Easement, Subsurface Easement, Landfarming and Soil Disposal Agreement dated May 11, 2002, between John L. Scogin, Jr., et al., and EOG Resources, Inc., recorded in Instrument No 2002038059, Official Public Records of Nueces County, Texas. (Defined - plat attached) As amended in by Amendment thereto filed Dec. 20, 2003, recorded in Instrument No.2002061528, Official Public Records of Nueces County, Texas, and any subsequent amendments thereto. ae.Terms and provisions contained in Pipe Line Right of Way and Easement Agreement for the purpose(s) shown below and rights incidental thereto, as granted in a document: Between: John L. Scogin, Jr. et al. and EOG Resources, Inc. Purpose: Pipeline and appurtenance purposes Recording Date: December 20, 2002 Recording No:2002061529, Official Public Records of Nueces County, Texas. (Defined - plat attached) SCHEDULE B (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule B af.All interest in and to oil, gas and other minerals and/or royalties, bonuses, rentals and all other rights relating thereto as set forth in deed dated March 1, 2006, from Aurelia T. Scogin, et al, to Epitacio V. Ramirez, David S Ramirez and Mike S. Ramirez Recording No.: 2006015183, Official Public Records of Nueces County, Texas. Said mineral interest not traced subsequent to the date of the above-cited instrument. ag.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document: Granted to: Enterprise Texas Pipeline, LLC, its successors or assigns Purpose: Pipeline and appurtenance purposes Recording No:Document No. 2018030276, and Document No. 2018030811, Official Public Records of Nueces County, Texas, (Defined) ah.The Company assumes no loss or liabiltiy by reason of a portion of the insured property lying within MCGloin Road, as stated in the legal description on Schedule A hereof. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C SCHEDULE C Commitment No.: 230246395 GF No.: 230246395 Your Policy will not cover loss, costs, attorney's fees, and expenses resulting from the following requirements that will appear as Exceptions in Schedule B of the Policy, unless you dispose of these matters to our satisfaction, before the date the Policy is issued: 1.Documents creating your title or interest must be approved by us and must be signed, notarized and filed for record. 2.Satisfactory evidence must be provided that: a.no person occupying the land claims any interest in that land against the persons named in paragraph 3 of Schedule A, b.all standby fees, taxes, assessments and charges against the property have been paid, c.all improvements or repairs to the property are completed and accepted by the owner, and that all contractors, sub-contractors, laborers and suppliers have been fully paid, and that no mechanic's, laborer's or materialmen's liens have attached to the property, d.there is legal right of access to and from the land, e.(on a Loan Policy only) restrictions have not been and will not be violated that affect the validity and priority of the insured mortgage. 3.You must pay the seller or borrower the agreed amount for your property or interest. 4.Any defect, lien or other matter that may affect title to the land or interest insured, that arises or is filed after the effective date of this Commitment. 5.Release of Deed of Trust, Assignment of Rents, Security Agreement and Financing Statement to secure an indebtedness in the amount shown below, Amount: $205,000.00 Dated: August 4, 2020 Trustor/Grantor David Sheldon Ramirez and Michael Sheldon Ramirez Trustee: Al Villarreal Beneficiary: International Bank of Commerce Recording Date: August 20, 2020 Recording No:2020036627, Official Public Records of Nueces County, Texas. 6.Company requires an affidavit of marital history of record owners from the date the land was acquired to the present time. If any marriages have been terminated by death or divorce, Company must determine disposition of said property. Current spouse, if applicable, should join in all documents to be executed in connection with the transaction company is being asked to insure; or affidavit by each spouse that subject property is the separate property of Record Owner and constitutes no part of the business or residential homestead, and that no community funds have been expended regarding the property. Further requirements will be necessary once these facts are known. This report is subject to any name liens, voluntary or involuntary, which may be found on these persons, if any. SCHEDULE C (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C 7.The Company will require the following documents for review prior to the issuance of any title assurance predicated upon a conveyance or encumbrance from the governmental entity named below: Name of Governmental Entity: CITY OF CORPUS CHRISTI, TEXAS a) A copy of its discipline, by-laws or other regulations authorizing real estate transactions. b) A certified copy of the Meeting Minutes (in a recordable form) authorizing the purchase of subject property, authorizing the expenditure of funds, and appointment of parties to act on behalf of said city. The Company reserves the right to add additional items or make further requirements after review of the requested documentation. 8.No sales contract was furnished with title order request, therefore, all Terms and Conditions therein must be complied with at Closing. After review, company reserves the right to add additional requirements and/or title exceptions. 9.Survey coverage (amending the survey exception to read "shortages in area" per Procedural Rule P-2) may be provided on an owner or a mortgagee title insurance policy if (1) this Company is provided with a current survey prepared by a registered public surveyor (2) the Seller (or borrower in the case of a refinance transaction) executes our T-47 Survey Affidavit at the time of closing; and, (3) any applicable premium is collected in accordance with Rate Rule R-16. THE SURVEY MUST BE CLEAR AND LEGIBLE, ALSO SIGNED AND SEALED BY THE SURVEYOR IF PRESENTED FOR REVIEW. 10.The conveyance by sellers must be by a "GENERAL WARRANTY DEED" unless approved by company in advance. 11.CLOSING INSTRUCTIONS AND CLOSING PACKAGE MUST BE RECEIVED IN OUR OFFICE 24 HOURS PRIOR TO CLOSING. IF THIS REQUIREMENT IS NOT MET, SAN JACINTO TITLE SERVICES CANNOT GUARANTEE THE DATE AND TIME OF CLOSING. 12.Any lien or liens created in the instruments of conveyance or any security instruments executed in connection with the transaction to be insured will appear as an exception under Schedule B of the policy to be issued and/or as the lien to be insured under Schedule "A" of the Mortgagee Title Policy to be issued, SCHEDULE C (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C all of which instruments will be subject to the approval of the company and the wording of the exception in the policy to be issued will be based upon the terms of the instruments. 13.Any defect, lien or other matters that may affect title to the land or interest insured, that arises or is filed after the effective date of this commitment. 14.NOTICE: Title Company is unwilling to issue the Title Policy without the mineral exception(s) set out in Schedule B hereof. Optional Endorsements (T19.2 and T19.3) insuring certain risks involving minerals, and the use of improvements (excluding lawns, shrubbery and trees) and permanent buildings may be available for purchase-Neither this Policy, nor the optional endorsements, insure that the purchaser has title to the mineral rights related to the surface estate. The promulgated cost for each endorsement is $50 on an Owners Title Policy and $0 charge on a Loan Policy 15.Title Company has not received any information that any party to the transaction to be insured hereunder has filed for bankruptcy or any other form of protection from creditors. "Company" reserves the right to amend this commitment and to make additional requirements should any party to such transaction be subject to bankruptcy proceedings or any other form of protection from creditors. "Company" will require all parties to confirm at or prior to closing that they are not subject to any such proceedings. 16.Company reserves the right to revise this commitment and/or to make additional requirements at any time prior to the closing of this transaction. 17.If the Company is to delete the appropriate portion of the standard survey exception and provide a T-19 endorsement, the Company must be provided a survey and field notes from a Registered Public Surveyor on a form and in a manner acceptable to the Company, showing the following: (a) the location of all improvements and showing the exact location of all building lines in relation to the property lines; (b) easements and/or rights of way dedicated or not, that a physical inspection of the Land might disclose; (c) all encroachments, or on the face of the survey, a statement of “No Encroachments.” Any survey required in the current transaction must be submitted to the Company for review at least 24 hours prior to closing. SCHEDULE C (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C The Company reserves the right to make additional exceptions and/or requirements upon receipt and review of said survey. The Texas Title Insurance Information portion of the Commitment for Title Insurance advises you that your policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements if you pay additional premium for the coverage. 18.NOTE: This file must be updated within 24 hours prior to Closing. 19.NOTICE to all buyers, sellers, borrowers, lenders and all parties interested in the transaction covered by this commitment: Effective September 26, 1988, the State Board of Insurance has adopted Procedural Rul P-27 (as amended) which requires that "Good Funds" be received and deposited before a Title Agency may disburse from its trust fund account. 'GOOD FUNDS" means: 1. Cash or Wire Transfers; 2. Certified checks, cashier's checks and teller's checks, as further described in definition "g" of this rule; 3. Uncertified funds in amounts less than $1,500 including checks, traveler's checks, money orders, and negotiable orders of withdrawal, provided multiple items shall not be used to avoid the $1,500 limitation; 4. Uncertified funds in the amount of $1,500 or more, drafter and any other item when collected by the financial institution; 5. State of Texas warrants; 6. United States Treasury checks; 7. Checks drawn on a bank or savings and loan association insured by the FDIC or FSLIC and for which a transaction code has been issued pursuant to, and in compliance with, such bank or savings and loan association; 8. Checks by City and County Governments located in the State of Texas. 20.IMPORTANT NOTICE:ALL FUNDS OVER $10,000 MUST BE IN THE FORM OF A WIRE TRANSFER. WARNING! WIRE FRAUD ADVISORY: San Jacinto Title's wire instructions DO NOT CHANGE. Please call our office to confirm wire instructions before wiring. 21.Except in an exempt transaction, the Company must be furnished with Seller's Social Security Number or Tax Identification Number and all other information necessary to complete IRS Form 1099-S. 22.Beginning January 1, 2004, all deeds, mortgages, and deeds of trust must include the following Notice on SCHEDULE C (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule C the front page of the document: "NOTICE OF CONFIDENTIALITY RIGHTS: If you are a natural person, you may remove or strike any of the following information from this instrument before it is filed for record in the public records: Your Social Security Number or your Driver's License." 23.Company requires that notary seals contained in any document executed on or after January 1, 2016, must include the notary’s identification number as required by Texas Government Code §406.013 when the notary public is either (1) a new notary appointee or (2) an existing notary appointee whose appointment has been renewed on or after January 1, 2016. 24.PRIVACY POLICY: This commitment may contain confidential information and is intended solely for the attention and use of the named insured as contemplated by the terms and provisions of this commitment. You are hereby notified that any disclosure, copying, distributing or taking of action in reliance on the information with third parties is prohibited. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule D SCHEDULE D Commitment No.: 230246395 GF No.: 230246395 Pursuant to the requirements of Rule P-21, Basic Manual of Rules, Rates and Forms for the writing of Title Insurance in the State of Texas, the following disclosures are made: 1.The following individuals are directors and/or officers of FIDELITY NATIONAL TITLE INSURANCE: Officers:Raymond R. Quirk, CEO/President; Anthony J. Park, EVP/CFO/Treasurer; Marjorie R. Nemzura, VP/Corporate Secretary Directors: Steven G. Day, Marjorie R. Nemzura, Michael J. Nolan, Anthony J. Park, Raymond R. Quirk Shareholders:Fidelity National Title Group, Inc., which is owned 100% by FNTG Holdings, LLC which is owned 100% by Fidelity National Financial, Inc. 2.The following disclosures are made by the Title Insurance Agent issuing this commitment: (A) The name of each shareholder, owner, partner or other persons having, owing or controlling one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP (B) Each shareholder, owner, partner or other person having, owning or controlling ten percent (10%) or more of an entity that has, owns or controls one percent (1%) or more of the Title Insurance Agent that will receive a portion of the premium are as follows: Corpus Holdings, LP is owned by E. Brent Bottom and Stephanie H. Bottom. (C) The following persons are officers and directors of the Title Insurance Agent: E. Brent Bottom, Chief Executive Officer Stephanie H. Bottom, Vice President E. Brendon Bottom, Vice President Shelly Cristan-Grahmann, Vice President Gracie P. Herrera, Vice President / Comptroller Lynn Leising, Vice President Andrea Liberatore, Vice President Nancy Massaro, Vice President / Administration Clinton Ramey, Vice President Nelda Rodriguez, Vice President Mark Scott, President Coastal Bend Region Channing Slusher, Vice President Jennifer Slusher, Vice President Jason B. Smith, Vice President Melanie Smith, Vice President 3.You are entitled to receive advance disclosure of settlement charges in connection with the proposed transaction to which this commitment relates. Upon your request, such disclosure will be made to you. Additionally, the name of any person, firm or corporation receiving any sum from the settlement of this SCHEDULE D (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Schedule D transaction will be disclosed on the closing or settlement statement. You are further advised that the estimated title premium* is: Total $0.00 Of this total amount: 15% will be paid to the policy issuing Title Insurance Company;85% will be retained by the issuing Title Insurance Agent; and the remainder of the estimated premium will be paid to other parties as follows: Amount To Whom For Services %Services Rendered *The estimated premium is based upon information furnished to us as of the date of this Commitment for Title Insurance. Final determination of the amount of the premium will be made at closing in accordance with the Rules and Regulations adopted by the Commissioner of Insurance. This commitment is invalid unless the insuring provisions and Schedules A, B, and C are attached. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Legal Description Commitment No.: 230246395 GF No.: 230246395 LEGAL DESCRIPTION Field Notes for a 68.2 acres, more or less, out of the G.C. & S.F.R.R. Co., Survey No. 315, Abstract 818, Nueces County, Texas, described in that certain Partition Deed dated February 7, 1945, by and between Martha J. Scogin, et al, recorded in Votume 310, Page 182, of the Deed Records of Nueces County, Texas, more particularly described by metes and bounds as follows: BEGINNING at a metal spur on the centerline of McGloin Road for the Southwest corner of Share 4, Margaret Kelly Land, recorded in Volume 8, Page 40, Map Records of Nuees County, Texas, also the Southeast corner of this tract and POINT for the Southwest corner Map Records of Nueces OF BEGINNING; THENCE North 01° 20' 00" West 40.00 feet pass a 60 penny nail found, in all a total distance of 3720.51 feet to a 5/8 inch iron rod found for the Northwest corner of this tract; THENCE North 88° 40' 00" East along the boundary line of Christi International Airport, for a distance of 806.90 feet to a 5/8 inch iron rod found, the Northeast corner of this tract; THENCE South 01° 20' 00" East along the boundary line of Corpus Christi International Airport at 360.51 feet pass the North R.O.W. line of McGloin Road, in all a distance of 3720.51 feet to a 5/8 inch iron rod, for the Southeast corner of this; THENCE South 88° 40' 00" West along the centerline of McGloin Road, for a distance of 806.90 feet to the POINT OF BEGINNING, containing 68.2 acres of land, more or less. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof. TEXAS TITLE INSURANCE INFORMATION Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Title Insurance Information Title insurance insures you against loss resulting from certain risks to your title. The commitment for Title Insurance is the title insurance company's promise to issue the title insurance policy. The commitment is a legal document. You should review it carefully to completely understand it before your closing date. El seguro de título le asegura en relación a perdidas resultantes de ciertos riesgos que pueden afectar el título de su propiedad. El Compromiso para Seguro de Título es la promesa de la compañía aseguradora de títulos de emitir la póliza de seguro de tíitulo. El Compromiso es un documento legal. Usted debe leerlo cuidadosamente y entenderlo complemente antes de la fecha para finalizar su transacción. Your Commitment for Title Insurance is a legal contract between you and us. The Commitment is not an opinion or report of your title. It is a contract to issue you a policy subject to the Commitment's terms and requirements. Before issuing a Commitment for Title Insurance (the Commitment) or a Title Insurance Policy (the Policy), the title Insurance Company (the Company) determines whether the title is insurable. This determination has already been made. Part of that determination involves the Company's decision to insure the title except for certain risks that will not be covered by the Policy. Some of these risks are listed in Schedule B of the attached Commitment as Exceptions. Other risks are stated in the Policy as Exclusions. These risks will not be covered by the Policy. The Policy is not an abstract of title nor does a Company have an obligation to determine the ownership of any mineral interest. MINERALS AND MINERAL RIGHTS may not be covered by the Policy. The Company may be unwilling to insure title unless there is an exclusion or an exception as to Minerals and Mineral Rights in the Policy. Optional endorsements insuring certain risks involving minerals, and the use of improvements (excluding laws, shrubbery and trees) and permanent buildings may be available for purchase. If the title insurer issues the title policy with an exclusion or exception to the minerals and mineral rights, neither this Policy, nor the optional endorsements, ensure that the purchaser has title to the mineral rights related to the surface estate. Another part of the determination involves whether the promise to insure is conditioned upon certain requirements being met. Schedule C of the Commitment lists these requirements that must be satisfied or the Company will refuse to cover them. You may want to discuss any matters shown in Schedules B and C of the Commitment with an attorney. These matters will affect your title and your use of the land. When your Policy is issued, the coverage will be limited by the Policy's Exception, Exclusions and Conditions, defined below. EXCEPTIONS are title risks that a Policy generally covers but does not cover in a particular instance. Exceptions are shown on Schedule B or discussed in Schedule C of the Commitment. They can also be added if you do not comply with the Conditions section of the Commitment. When the Policy is issued, all Exceptions will be on Schedule B of the Policy. EXCLUSIONS are title risks that a Policy generally does not cover. Exclusions are contained in the Policy but not shown or discussed in the Commitment. CONDITIONS are additional provisions that qualify or limit your coverage. Conditions include your responsibilities and those of the Company. They are contained in the Policy but not shown or discussed in the Commitment. The Policy Conditions are not the same as the Commitment Conditions. TEXAS TITLE INSURANCE INFORMATION (Continued) Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Title Insurance Information You can get a copy of the policy form approved by the Texas Department of Insurance by calling the Title Insurance Company at (800) 925-0965 or by calling the title insurance agent that issued the Commitment. The Texas Department of Insurance may revise the policy form from time to time. You can also get a brochure that explains the policy from the Texas Department of Insurance by calling (800)252-3439. Before the Policy is issued, you may request changes in the policy. Some of the changes to consider are: Request amendment of the "area and boundary" exception (Schedule B, paragraph 2). To get this amendment, you must furnish a survey and comply with other requirements of the Company. On the Owner's Policy, you must pay an additional premium for the amendment. If the survey is acceptable to the Company and if the Company's other requirements are met, your Policy will insure you against loss because of discrepancies or conflicts in boundary lines, encroachments or protrusions, or overlapping of improvements. The Company may then decide not to insure against specific boundary or survey problems by making special exceptions in the Policy. Whether or not you request amendment of the "area and boundary" exception, you should determine whether you want to purchase and review a survey if a survey is not being provided to you. Allow the Company to add an exception to "rights of parties in possession". If you refuse this exception, the Company or the title insurance agent may inspect the property. The Company may except to and not insure you against the rights of specific persons, such as renters, adverse owners or easement holders who occupy the land. The company may charge you for the inspection. If you want to make your own inspection, you must sign a Waiver of Inspection form and allow the Company to add this exception to your Policy. The entire premium for a Policy must be paid when the Policy is issued. You will not owe any additional premiums unless you want to increase your coverage at a later date and the Company agrees to add an Increased Value Endorsement. Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Deletion of Arbitration Provision DELETION OF ARBITRATION PROVISION (Not applicable to the Texas Residential Owner's Policy) Commitment No.: 230246395 GF No.: 230246395 ARBITRATION is a common form of alternative dispute resolution. It can be a quicker and cheaper means to settle a dispute with your Title Insurance Company. However, if you agree to arbitrate, you give up your right to take the Title Insurance Company to court and your rights to discovery of evidence may be limited in the arbitration process. In addition, you cannot usually appeal an arbitrator's award. Your policy contains an arbitration provision (shown below). It allows you or the Company to require arbitration if the amount of insurance is $2,000,000 or less. If you want to retain your right to sue the Company in case of a dispute over a claim, you must request deletion of the arbitration provision before the policy is issued. You can do this by signing this form and returning it to the Company at or before the closing of your real estate transaction or by writing to the Company. The arbitration provision in the Policy is as follows: "Either the Company or the Insured may demand that the claim or controversy shall be submitted to arbitration pursuant to the Title Insurance Arbitration Rules of the American Land Title Association (“Rules”). Except as provided in the Rules, there shall be no joinder or consolidation with claims or controversies of other persons. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Insured arising out of or relating to this policy, any service in connection with its issuance or the breach of a policy provision, or to any other controversy or claim arising out of the transaction giving rise to this policy. All arbitrable matters when the Amount of Insurance is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured, unless the Insured is an individual person (as distinguished from an Entity). All arbitrable matters when the Amount of Insurance is in excess of $2,000,000 shall be arbitrated only when agreed to by both the Company and the Insured. Arbitration pursuant to this policy and under the Rules shall be binding upon the parties. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court of competent jurisdiction." SIGNATURE DATE Effective Date: October 9, 2023 FORM T-7: Commitment for Title Insurance 230246395 Important Notice IMPORTANT NOTICE FOR INFORMATION, OR TO MAKE A COMPLAINT CALL OUR TOLL-FREE TELEPHONE NUMBER (800) 925-0965 ALSO YOU MAY CONTACT THE TEXAS DEPARTMENT OF INSURANCE AT (800)252-3439 to obtain information on: 1.filing a complaint against an insurance company or agent, 2.whether an insurance company or agent is licensed, 3.complaints received against an insurance company or agent, 4.policyholder rights, and 5.a list of consumer publications and services available through the Department. YOU MAY ALSO WRITE TO THE TEXAS DEPARTMENT OF INSURANCE P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 ____________________________________________________________________________ AVISO IMPORTANTE PARA INFORMACIÓN, O PARA SOMETER UNA QUEJA LLAME AL NUMERO GRATIS (800) 925-0965 TAMBIEN PUEDE COMUNICARSE CON EL DEPARTAMENTO DE SEGUROS DE TEXAS AL (800)252-3439 para obtener información sobre: 1.como someter una queja en contra de una compañía de seguros o agente de seguros, 2.si una compañía de seguros o agente de seguros tiene licencia, 3.quejas recibidas en contra de una compañía de seguros o agente de seguros, 4.los derechos del asegurado, y 5.una lista de publicaciones y servicios para consumidores disponibles a través del Departamento. TAMBIEN PUEDE ESCRIBIR AL DEPARTAMENTO DE SEGUROS DE TEXAS P.O. BOX 149104 AUSTIN, TEXAS 78714-9104 FAX NO. (512)490-1007 DATE: November 14, 2023 TO: Peter Zanoni, City Manager FROM: Jeff Edmonds, Director of Engineering JeffreyE@cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance – Procurement JoshC2@cctexas.com (361) 826-3169 CAPTION: Motion authorizing the purchase of two water-cooled chillers from Trane Technologies of San Antonio, Texas for the American Bank Center Arena through the OMNIA Partners Cooperative for Engineering Services for a total not to exceed amount of $3,054,150.00, with FY 2024 funding available through the Arena Type A Capital Fund. SUMMARY: This motion authorizes the acquisition funding for the American Bank Center - Arena HVAC Improvements. The Arena HVAC Improvements will restore deferred mechanical maintenance items in urgent condition to normal condition. Improvements include two water-cooled chillers, two cooling towers, two variable frequency drives, and two dehumidification units. The equipment is part of the long lead equipment list provided by the design engineer for the project. The goal is to make the owner purchase during the design to expedite the capital repairs. This process will save the project schedule an estimated 49 weeks. BACKGROUND AND FINDINGS: The American Bank Center comprises three facilities The Selena Auditorium, which was built around 1975, the Convention Center built in 1979, and the multi -use arena built in 2004. The Selena Auditorium and the Convention Center received extensive rem odels in 2004. AGENDA MEMORANDUM Action Item for the City Council Meeting November 14, 2023 23195 American Bank Center - Arena HVAC Improvements The Arena is home to the Corpus Christi Ice Rays ice hockey team and the Texas A&M University Islanders basketball team. Additionally, the arena hosts numerous concerts, and special events such as high school graduations, WWE SmackDown, Disney on Ice, and Buc Days. In June of 2022, The City of Corpus Christi engaged M -E Engineers, under an emergency declaration, to request an assessment of the American Bank Center. The assessment would provide the City of Corpus Christi and the new ABC operator, OVG360, with a comprehensive assessment of the deferred maintenance scope to complement the observations made by the new maintenance team. Through the M-E Engineering report and OVG360 maintenance staff assessments, some items have been deemed urgent; amongst th ese are two arena chillers and the arena dehumidification system. The original design of the ABC arena was done by Gignac Architects. Gignac Architects has been engaged under an existing master services agreement to lead the MEP design team to address the urgent mechanical improvements. Gignac is working with NRG Engineering of Corpus Christi, Texas, to provide the design. The design consultant team provided the specifications for the equipment the city is purchasing. PROCUREMENT DETAIL: This procurement is through the OMNIA Partners Cooperative. Contracts awarded through the OMNIA Partners Cooperative have been competitively procured in compliance with the Texas Local and State procurement requirements. ALTERNATIVES: The alternative is to deny this motion for funding. This will prolong the repair schedule and the continued deterioration of the urgent scope items may cause the urgent condition to become an emergency. FISCAL IMPACT: The fiscal impact in FY 2024 is an amount of $5.2 million from the Type A Arena Sales Tax Fund. The monies were appropriated and transferred to the Arena Capital Fund in FY 2023. FUNDING DETAIL: Fund: Arena Type A CIP (Fund 3274) Department: Economic Development (57) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23195 Amount $3,054,150.00 RECOMMENDATION: Staff recommends approval of this motion authorizing the purchase of the mechanical equipment from Trane Technologies as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet PRICE SHEET OMNIA PARTNERS CONTRACT 3341 SENIOR BUYER: TRACY GARZA DESCRIPTION QUANTITY UNIT PRICE EXTENDED TOTAL Water Cooled Chillers 2 1,527,075.00$ 3,054,150.00$ TRANE TECHNOLOGIES SAN ANTONIO, TEXAS AMERICAN BANK CENTER ARENA MECHANICAL IMPROVEMENTS Capital Improvement Plan City of Corpus Christi, Texas 2024 2026 thru Description This project consists of replacement of the existing 1,000-ton Chillers #1 and #2, Arena dehumidification system improvements and external repairs to the building envelope to prevent leaks in the Arena. Project #23195 Justification The existing systems have experienced multiple issues (including leaks), is outdated and in need of replacement. This project will replace equipment that has reached end of its useful life; as well as upgrade to more efficient and energy saving devices. Budget Impact/Other Useful Life 25 years Project Name American Bank Center - Arena HVAC Improvements Category Site Improvements Type Improvement/Additions Status Active TotalPrior Years 2024 2025 2026Expenditures 4,439,0004,439,000Construction/Rehab 450,000450,000Design 100,000100,000Contingency 211,000211,000Eng, Admin Reimbursements 5,200,000 5,200,000Total TotalPrior Years 2024 2025 2026Funding Sources 5,200,0005,200,000Type A/B Sales Tax (Prior) 5,200,000 5,200,000Total Contact Director of Engineering Priority Asset Condition\longevity Council District 1 Department Public Facilities An assessment will be done upon completion of project to determine maintenance costs. 60