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HomeMy WebLinkAboutAgenda Packet City Council - 01/09/2024 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,January 9, 2024 11:30 AM Corpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room(Rm. 210) Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor Chip Blackshear, First Presbyterian Church of Corpus Christi. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Tara Montelongo, Senior at Veterans Memorial 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 1-2) 1. 23-2037 2023 United Way of the Coastal Bend Charitable Campaign Results and Introduction of incoming CEO/President Stephanie Jordan 2. 24-0007 38th Annual MLK 2024 Events Calendar Overview, presented by Nikela Pradier, President of Delta Sigma Theta Sorority Corpus Christi Alumnae Chapter City of Corpus Christi Page 1 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 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: (NONE) 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. CITY COUNCIL RETURN ITEMS: (ITEMS 3-4) 3. 23-1962 23-1962 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structure located at 1214'/2-20 N. Staples Street owned by Priscilla Tryon Cambric (Appellant presentation limited to 3 minutes) sponsors: Development Services 4. 23-1919 Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for properly restoring street surfaces that have been cut for utilities or other tie-ins and providing for penalty; providing for publication. sponsors: Public Works/Street Department K. CONSENT AGENDA: (ITEMS 5-17) 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 City of Corpus Christi Page 2 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 items will be adopted by one vote. 5. 23-2043 Approval of the December 12, 2023 Regular Meeting Minutes Consent-Second Reading Ordinances 6. 23-1901 Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 7. 23-1695 Ordinance authorizing execution of Amendment#1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. Sponsors: Information Technology Services, Public Works/Street Department and Finance &Procurement 8. 23-1898 Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. sponsors: Economic Development Consent- Contracts and Procurement 9. 23-1769 Motion authorizing the execution of a five-year service agreement with Alliance Health Resources Mobile Division, of Corpus Christi, Texas, for drug and alcohol testing and occupational medical services for City of Corpus Christi Employees in an amount up to $2,064,816.50, with FY 2024 funding of$327,158.00 from the Other Employee Benefits Fund. sponsors: Human Resources and Finance &Procurement Consent- Capital Projects 10. 23-1857 Motion authorizing a construction services contract with Nueces Electric Cooperative (NEC), Texas, to extend and provide electric delivery infrastructure (pole and wires) to the Cefe Valenzuela Landfill Sector 2A Cell in an amount not to exceed $104,744.98, located outside city limits, City of Corpus Christi Page 3 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 with FY 2024 funding available from Solid Waste capital funds. sponsors: Engineering Services and Solid Waste Operations 11. 23-2052 Motion awarding a facilities multiple award construction contract to Barcom Construction, LLC of Corpus Christi, Texas, in a not to exceed amount of $1,921,176.00 for the Gas Department Building Upgrades (Phase 2) project, located in Council District 1, with FY 2023 funding available from Gas Capital Fund. sponsors: Engineering Services and Gas Department General Consent Items Consent-First Reading Ordinances 12. 23-1927 Ordinance authorizing the purchase of one additional response boat in the amount of$81,228.78 from Boat Right Marine for the Corpus Christi Fire Department to be funded by the FY 2023 Texas Ambulance Supplemental Payment Program revenue; and appropriating $200,054.01 from the General Fund unreserved fund balance; and amending the FY 2024 Operating Budget by increasing expenditures in the Fire Department General Fund by $200,054.01. sponsors: Fire Department 13. 23-2005 Ordinance appropriating $20,000.00 from the unreserved fund balance of the Municipal Court Security Fund for courtroom security upgrades; and amending the FY 2024 operating budget. sponsors: Municipal Court Administration 14. 23-1904 Ordinance authorizing acceptance and future amendments of Medical Reserve Corps Grant for$47,242.00 from the Department of State Health Services (DSHS); and appropriating $47,242.00 in the Health Grant Fund to provide support to Medical Reserve Corps units until May 30, 2025. sponsors: Health Department 15. 23-1943 Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on November 28, 2023, which expands eligibility under the Commercial Finish-Out Program. sponsors: Economic Development 16. 23-2022 Ordinance authorizing an amendment to the existing lease agreement with Riley P. Dog Park, Inc. for the use of the property located adjacent to the Whitecap Wastewater Treatment Plant for an additional three-year term with two additional one-year terms. sponsors: Corpus Christi Water 17. 23-2030 Ordinance authorizing a 30-foot-wide revocable pipeline easement to City of Corpus Christi Page 4 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 Houston Pipe Line Company, LP, to install a natural gas pipeline through the Cefe Valenzuela landfill in support of Solid Waste Department's new renewable energy program, located outside City limits. sponsors: Engineering Services and Solid Waste Operations L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. M. PUBLIC HEARINGS: (ITEMS 18-19) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 18. 23-2010 Zoning Case No. 1123-01, Birdie Waldron LLC (District 4). Ordinance rezoning a property at or near 3409 Waldron Road from the "RS-6" Single-Family District to the "RS-6/SP" Single-Family District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 19. 23-2011 Zoning Case No. 1123-02, Gulf-Hudson Holdings and Patsy A Brooks (District 1). Ordinance rezoning a property at or near 8159 Stillwell Lane from the "FR" Farm Rural District and the "I L" Light Industrial District to the "R-MH" Manufactured Home District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20-22) The following items are motions, resolutions and ordinances that will be considered and voted on individually. 20. 23-1913 Ordinance authorizing a Developer Participation Agreement with MPM Development, L.P. to reimburse the developer an amount not to exceed $1,118,463.05 for the construction of a section of Oso Parkway related to the Oso Creek Corner subdivision located off Yorktown Boulevard and southeast of Starry Road; and amending the operating budget by transferring $896,527.00 from the Public Works - Streets Fund (No. 1041) and $221,936.05 from the Public Works - Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 5). sponsors: Development Services 21. 23-2058 Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, Ltd. to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 4B subdivision located at the intersection of Lands Drive and Martin Street; and amending the operating budget by transferring and appropriating $209,485.00 from the City of Corpus Christi Page 5 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 Public Works - Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 3). sponsors: Development Services 22. 23-2062 Ordinance designating 127.72 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Six, City of Corpus Christi, Texas" pursuant to petition by owners of Barisi Village properties; setting a maximum City financial participation of and a maximum City contribution of$32,000,000; and establishing a Board of Directors for the Reinvestment Zone. sponsors: Economic Development O. BRIEFINGS: (ITEM 23) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 23. 24-0008 Briefing on Changes to the Nueces County Appraisal District sponsors: Intergovernmental Relations P. EXECUTIVE SESSION: (ITEM 24) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 24. 23-2019 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, utilities, 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 City of Corpus Christi Page 6 Printed on 1/8/2024 City Council Meeting Agenda-Final-revised January 9,2024 Q. ADJOURNMENT City of Corpus Christi Paye 7 Printed on 1/8/2024 United Way of the Coastal Bend United Way of the Coastal Bend City of Corpus Christi Workplace Campaign United Way of the Coastal Bend / United Way of the Coastal Bend • UWCB supports 60+ local non-profit agencies o Direct community impact ■ Health ■ Education ■ Financial Stability • More than 206,000 people helped last year • What's raised here stays here! 2023 United Way Campaign Cam ai n United Way of the Coastal Bend • November 13 through December 8 • Donation platform for City staff = m o Pledge Cards _ long gill - o Online donations • Deductions begin in January 2023 Campaign Impact NUO United Way of the Coastal Bend 2023 United Way Campaigns. t o Goal: $ 145,000 rn ✓ Raised: $162,830 a ✓ Exceeded goal by $ 17,830 Five-Year Campaign Impact �tAwl United Way of the Coastal Bend • Since 2019, the City has donated over $697,000 to the United Way of the Coastal Bend $180,000 $158,076 $162,830 $160,000 $140,000 $125,114 $120,000 $110,284 $100,000 $80,000 $60,000 $40,000 $20,000 $0 2019 2020 2022 2023 5 Thank you! Stephanie Jordan, President and CEO stephanie.jordan@uwcb.orq UWCB.org i United Way of the Coastal Bend t 5 MARTIN KING , JR0 t)ctj ru-tvtr� WWW.CCTEXAS .COM/MLK ORGANIZING AGENCY THANKS TO OUR COMMUNITY PARTNERS Corpus Christi Alumnae Chapter of4 - Delta Sigma Theta Sorority, Inc. © V 0 () iMa --- Help®e MARTIN r LUTHER r . A OF SERVICE '• 8:00 TO 10:00 A.M. - MLK PRAYER BREAKFAST SAT., MT. ZION BAPTIST CHURCH, 1605 COMANCHE STREET JAN . 13 ` 6:30 P.M. - 54TH ANNUAL NAACP MLK GALA ORTIZ INTERNATIONAL CENTER, 402 HARBOR DRIVE SUN , ' 6:00 P.M. - MLK PRAISE & WORSHIP SERVICE JAN . 14 BROOKS WORSHIP CENTER, 2101 NORTH PORT AVENUE op10:00 A.M. - YWCA RACIAL JUSTICE FORUM MON ., NUECES COUNTY COURTHOUSE, 901 LEOPARD STREET JAN . 15 ' 12:00 P.M. - 38TH ANNUAL MLK COMMEMORATIVE MARCH NUECES COUNTY COURTHOUSE TO MT. ZION BAPTIST CHURCH 4 38TH ANNUAL MLK COMMEMORATIVE MARCH MONDAY, JANUARY 15 , AT 12 : 00 P . M . LIPAN ST. w n n START: . END: 0 NUECES COUNTY j4h MT. ZION cn ' COURTHOUSE BAPTIST CHURCH COMANCHE ST. PFPWA 11111M =1111111 ORGANIZING AGENCY THANKS TO OUR COMMUNITY ■ so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Service AlraymondCa)-cctexas.com 361.826.3575 Building Standards Board Hearing Appeal for 1214 '/2 -1220 North Staples Street CAPTION: Resolution upholding the Building Standards Board's order to demolish the dilapidated/ substandard structure located at 1214 '/2 -1220 North Staples Street and owned by Priscilla Tryon Cambric. SUMMARY: Priscilla Tryon Cambric has requested the City Council to hear and consider an appeal of a decision of the Building Standards Board regarding property located at 1214 '/2 -1220 North Staples Street. BACKGROUND AND FINDINGS: The property at 1214 '/2 -1220 North Staples Street is owned by Priscilla Tryon Cambric. The structure at 1214 '/2 -1220 North Staples Street is a dilapidated substandard structure. Due to the substandard and dilapidated condition of the structure at 1214 '/2 -1220 North Staples Street, On September 28, 2023, the Building Standards Board ordered the structure at 1214 '/2 -1220 North Staples Street to be removed or demolished by the owner, lienholder, or mortgagee within 30 days. If demolition is not started and completed as required, then the City be authorized to demolish. Per section 13-24 of the Code, an owner or occupant may appeal a decision of the Board to the City Council. The City Charter, Article VI, Section 2, states that appeals shall be perfected by filing a sworn notice of appeal with the City Secretary within thirty (30) days from the date of the decision. Priscilla Tryon Cambric submitted a notice of appeal in writing on October 23, 2023, within the 30 days of the decision. During an appeal, the City Council acts in a quasi-judicial capacity to determine the facts and to determine whether the structure requires demolition. After hearing presentations from staff and from the appellant, the Council can decide to uphold the Building Standards Board order or to reverse the Board's order in whole or in part. Under Section 13-24(b), the Council may vary the application of any provision of Chapter 13 of the City Code when the enforcement thereof would do manifest injustice and would be contrary to the spirit and purpose of this Code, the Corpus Christi Property Maintenance Code or public interest or when, in its opinion, the decision of the board should be modified or reversed. A decision of the City Council to vary the application of any provision of the Code or the Corpus Christi Property Maintenance Code, or to modify an order of the board in whole or in part shall specify in what manner such modification is made, the conditions upon which it is made and the reasons, therefore. The decision of the City Council shall be final unless the aggrieved party appeals by instituting a suit for that purpose in any court having jurisdiction. ALTERNATIVES: 1. Motion to modify or reverse the Board's order in whole or in part. FISCAL IMPACT: Non-applicable Funding Detail: Fund: Non-Applicable Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Uphold Building Standards Board order to demolish the property located at 1214 '/2 -1220 North Staples Street. LIST OF SUPPORTING DOCUMENTS: • Resolution — Upholding Building Standards Board order to demolish the property located at 1214 '/2 -1220 North Staples Street within 30 days. • Final Order of Building Standard Board Case No. V184239-07122 • Minutes of Building Standards Board Meeting September 28, 2023 • Case Timeline for 1214 '/2 -1220 North Staples Street • Location Map & 1214 '/2 -1220 North Staples Street Aerial photo • Photos presented to the Building Standards Board September 28, 2023 • Notice of Appeal by Priscilla Tryon Cambric • Notice of Building Standards Board Hearing Appeal sent to Pricilla Tyron Cambric and legal representative Matt Manning APPEALS PROCESS The Appeals will proceed using the following format: a. Requestor's presentation of appeal (up to three minutes) (Requestor subject to questioning) b. Explanation of applicable law c. Staff Response to requestor's complaint about errors of board d. Council Action -Three options: 1. Deny the appeal (uphold the Building Standards Board's decision) 2. Sustain the appeal (reverse the Board's decision) 3. Amend the Board's decision (in whole or in part) Resolution upholding the Building Standards Board's orders to demolish the dilapidated/substandard structure located at 1214%-20 N. Staples St, owned by Priscilla Tryon Cambric. Whereas,the Building Standards Board (the"Board") held a public hearing on September 28, 2023, at 1:30 pm regarding substandard structures located at 1214 '/2-20 N. Staples St and after making certain findings ordered the structure or premises be removed or demolished by the owner, lien holder or mortgagee, within thirty (30) days pursuant to the attached Final Order of the Building Standards Board Case No. V184239-071222; Whereas, Priscilla Tryon Cambric, the owner of the structure at 1214 '/2-20 N. Staples St, (the "Appellant"), filed a written notice of appeal of the Board's order with the City Secretary's Office on October 24, 2023, in accordance with Section 13-24 (a) City of Corpus Christi Code of Ordinances (the "Code") and Article VI, Section 2 of the City Charter (the "Charter"); Whereas, the filing of the appeals stayed the Board's orders; Whereas, Section 13-24(a) of the Code and Article VI, Section 2 of the Charter authorize the City Council to hear Appeals of the Board's decision; therefore, this Council properly has jurisdiction over these appeals; Whereas, after hearing the evidence, the City Council makes the following findings related to the substandard buildings located at 1214 '/2-20 N. STAPLES: (1) the decision of the Board was not erroneous, and (2) that the decision of the Board would not cause undue hardship. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Council declares the recitals in the above paragraphs are true and correct. SECTION 2.The Final Order of the Building Standards Board of Appeals, Case No. No. V184239- 071222, for 1214 '/2-20 N. Staples St, is upheld. SECTION 3. The Appellant's appeal is hereby denied. SECTION 4. This final decision of the City may be personally delivered to the owner, mailed to the owner by first class mail with certified return receipt requested, or delivered to the owner by the United States Postal Service using signature confirmation service. SECTION 5. The City may vacate, secure, remove, or demolish the buildings or relocate the building occupants if the action ordered by the Board is not taken by January 11, 2024. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary i� .. ., .'r - 77 77 .. ~ y` 1214'/2-20 N. Staples St 9-28-23 Public Hearing & Order of BSB r 9-06-23 Notice of BSB Hearing sent to Owner 7-27-23 BSB tabled to 9-28-23 5-25-23 BSB tabled to 7-27-23 3-26-23 BSB tabled to 5-25-23 1-26-23 BSB tabled to 3-23-23 9-15-22 Re-inspection of building 7-13-22 Notice of Violation sent to Owner 7-12-22 Inspection of Building ° I 8-28-03 Owner acquired the property through Nueces County tax sale for $15,990 ,' + ��a r�r7� — `'r r•r r r,i Item Appeal of Building Standards Board's Order to demolish the dilapidated/substandard I structure located at 1214'/2-20 N. Sta les St p and owned by Priscilla Tryon Cambric Code Compliance Division y °D i �cw" neivpi. h;1 I Notice of Building Standards Board Order � $NpORCR���- f Case No. V184239-07122 D,nsoN . 9/28/2023 CERTIFIED LETTER# 7020 1810 0000 1229 0641 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI,TX. 78405 In regard to the building(s) or structure(s): located at 1214 '/Z-20 STAPLES ST. N. CORPUS CE ISTI,TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5& 6 BLK SE/2 E described as COMMERCIAL STRUCTURE The Building Standards Board (hereinafter, "Board") met at 1:30pm on September 28, 2023, in the 6th Floor Executive Conference Room, 1201 Leopard, to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order. The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24 - Appeals. If the ordered action is not taken,the City may vacate,secure, remove,or demolish the building or relocate the occupants of the building. A lien will be placed on the property to cover the costs incurred by the City to vacate, secure, remove, and demolish the structure. The lien will be removed if the property owner or another person reimburses the City for the expenses. Furthermore, criminal prosecution in Municipal Court will be pursued if the ordered action is not taken. You can be assessed a fine of up to $500.00 each day a violation continues. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi, Texas. If you have any questions regarding this matter, Roland Maldonado, Code Compliance Supervisor, can be reached at (361) 826-3046. Sincerely, Roland Maldonado Code Compliance Supervisor Development Services Attachment: Building Standards Board Order FINAL ORDER OF THE x. BUILDING STANDARDS BOARD Case No. V184239-07122 In regard to the building(s)or structure(s): located at 1214 Y2-20 STAPLES ST.N. CORPUS CHRISTI,TX. 78401 located on the property described as COLONIA MEXICANA LTS 3,4,5& 6 BLK SE/2 E described as COMMERCIAL STRUCTURE this Final Order is issued pursuant to the authority granted to the Building Standards Board("Board") of the City of Corpus Christi, ("City"),Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code") and the Texas Local Government Code. On September 28'" ,2023 the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s)or structure(s)referenced above: FINDINGS: that a notice of violation and request to correct was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties and published in the Corpus Christi Caller Times; that 30 days have elapsed since the notice of violation was received and/or published and those violations were not cured; that a complaint was filed with the Chair of the Board and the public hearing was held not fewer than 10 days and not more than 45 days after the complaint was filed; that proper notice was sent to the owner(s), lienholder(s), mortgagee(s), and all known interested parties, and published in the Corpus Christi Caller Times; that a public hearing was held during a meeting of the Corpus Christi Building and Standards Board during which all interested persons were allowed to appear and be heard; that, after considering all testimony, documentation, and information at the public hearing, the building(s) or structure(s) identified above is(are)in violation of the standards set out in the Corpus Christi Code of Ordinances and is(are) dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety,and welfare; that the building(s)or structure(s)cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard where the Board orders demolition; that City will vacate,secure,remove, or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. ORDER: UNLESS SPECIFICALLY SELECTED BY CHECKBOX BELOW,IT IS HEREBY ORDERED: that the substandard building(s) and/or structure(s) referenced above shall be removed or demolished by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days; and that, if there are items of personal property in the substandard building(s) and/or structure(s) to be demolished, the owner shall remove them within 30 days. 1 Or in the alternative to Demolition within 30 days,the Board ORDERS as indicated by the checked box(s)below: DEMOLITION WITHIN 31 TO 90 DAYS The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further, the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO DEMOLISH The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the demolition of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F] The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building(s) or structure(s)not later than the 30'day from the date of this Order.In lieu of a bond,the owner, lienholder, or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR REPAIR WITHIN 30 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code; therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). 2 OR REPAIR WITHIN 31 TO 90 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code; therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s) within (31 to 90) days. Repairs must comply with City Ordinance Section 13- 22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO REPAIR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair of the building(s)or structure(s)and the owner(s), lienholder(s)and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progressports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F-1The Board further finds the above referenced property, including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30'day from the date of this Order. In lieu of a bond,the owner, lienholder,or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR 30 DAYS TO SECURE The substandard building(s)or structure(s)referenced above shall be secured by the owner(s), lienholder(s), and/or mortgagee(s)from unauthorized entry within 30 days. 3 AND VACATE STRUCTURE(S) The Board finds the substandard building(s) or structure(s) is(are) so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be vacated by the owner(s),lienholder(s), and/or mortgagee(s) within 30 days or days. The building(s)or structure(s) shall be placarded to prevent occupancy until the building(s)or structure(s)is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board. Catherine GiffinFO 1 AGAINST/ABSTAIN Merced Pena GAINST/ABSTAIN Monica Pareso FORA T/ABSTAIN Carlos Martinez FO GAINST/ABSTAIN John B. Solberg FOR/ GAINST,4BSTAIN Ordered this_28TH_day of_SEPTEMBER , 2023. -tu Signed under the authority of the B 9ill, Signe under the auth of the Board: Chair Vice-Chair Filed with the City Secretary: Date Filed Rebecca Huerta City Secretary 4 r� SUBJECT PROPERTY ti Al a. 1220 STAPLES ST N N r e�",,:�.,-�:.,,,� WE s Aerial View ® Subject Property SUBJE-CTS P,OO PERTY Ci ty of $��`'"F: 'Esri, HERE LOCATIti c.'` CASE TIMELINE FOR 1214 1/2-20 STAPLES ST N. Activity Date Legal Requirement Legal Reference Code Enforcement Notified of Potential Violation 7/12/2022 n/a n/a Initial Inspection Completed When building,structure or premise Corpus Christi Property 7/12/2022 thought to be substandard Maintenance Code 104.2 Notice of Violation Mailed to Last When there are reasonable grounds to City Ordinance Known Addresses 7/13/2022 believe there is a violation Sec. 13-22(A)&(D)(2) Notice of Violation Posted in When owner is unknown,whereabouts City Ordinance Sec.13- Newspaper 11/17/2022 unknown,or where service of notice has 22(A)&(D)(3) failed (Published twice w/in a 10 day period) Deadline to comply with Newspaper When 30 days have elapsed from the City Ordinance Notice of Violation 12/18/2022 date of first publication Sec. 13-22(B) Notice Received Returned green card rec'd-Signed and n/a 7/18/2022 recd by P.Cambric Date of delivery 7/16 Returned Notice of Violation Posted at 11/28/22-12/2/22& When notice is returned showing City Ordinance Front Door of Property 12/5/22-12/9/22 unclaimed or not delivered Sec. 13-22(A)&(D)(4) Deadline to comply with Mailed 30 days from receipt of the notice City Ordinance Notice of Violation 8/15/2022 Sec. 13-22(A)(5) Re-inspection Not less thans 30 days from receipt of the City Ordinance 9/15/2022 notice or when 30 days have elapsed Sec. 13-22(B) from date of first publication Complaint filed with BSB When owner refused to comply;when City Ordinance not cured within 30 days from receipt of Sec. 13-22(B)(2) 9/5/2023 notice or any further agreed time;or when 30 days have elapsed from date of first publication Notice of Hearing Mailed to Last At least 10 days prior to hearing City Ordinance Known Address 9/6/2023 Sec. 13-22(C)&(D)(2) Notice of Hearing Posted in At least 10 days prior to hearing when City Ordinance Newspaper owner is unknown,whereabouts Sec.13-22(C)& (D)(3) 9/5/23&9/6/23 unknown,or where service of notice has failed (Published twice w/in a 10 day period) Notice of Hearing Filed with County At least 10 days prior to hearing City Ordinance Sec. 13- Clerk 9/6/2023 22(C) & Tx Local Gov't Code 214.001€ Returned Notice of Hearing Posted at 9/18/23-9/22/23 & When notice is returned showing City Ordinance Front Door of Property 9/25/23-9/27/23 unclaimed or not delivered Sec. 13-22(C)&(D)(4) BSB Agenda Posted 72 hours(3 days) before scheduled time Texas Govt.Code 9/19/2023 of hearing 551.043(a) BSB Hearing 9/28/2023 Not less than 10 days nor more than 45 City Ordinance days after Complaint filed Sec. 13-22 (C) Appeal - Building Standards Board Demolition Order 1214-1220 N. Staples Street Council Presentation January 9, 2024 \� SSS TIMELINE FOR 12141/2 - 1220 N. STAPLES ST. 12-12-23 Appeal to City Council appealed to 1-9-24 9-28-23 Public Hearing & Order of BSB 9-06-23 Notice of BSB Hearing sent to Owner 7-27-23 BSB tabled to 9-28-23 5-25-23 BSB tabled to 7-27-23 3-26-23 BSB tabled to 5-25-23 1-26-23 BSB tabled to 3-23-23 9-15-22 Re-inspection of building 7-13-22 Notice of Violation sent to Owner 7-12-22 Inspection of Building 8-28-03 Owner acquired the property through Nueces County tax sale for $15,990 12141/2 - 1220 N. STAPLES ST. Appeal Code of Ordinances — Chapter 13, Section 13-24: Whenever it is claimed that the decision of the building standards board is erroneous, or that the decision of the board would cause undue hardship, the owner or occupant, or his duly authorized agent, may appeal from the decision of the Board to the City Council. The Appellant-Owner or the undersigned counsel have not demonstrated the decision of the building standards board is erroneous, manifestly unjust, without good cause, and would cause undue hardship on Mrs. Cambric, the owner. Case History 12/17/12 Unsecured Vacant Building Duty to secure Vacant Building Compliant 1/29/16 Unsecured Vacant Building Duty to secure Vacant Building Owner Compliant 2113/17 Emergency Measures Dangerous Structure or Secured by City Premises(Unsecured Structure) 3113/17 Unsecured Vacant Building Duty to secure Vacant Building Owner Compliant 7117/17 Vacant Building Tall'%Veeds Abated by City 3/27/18 Unsecured Vacant Building Duty to secure Vacant Building Owner Compliant _ 5129/18 Emergency Measures Dangerous Structure or Secured by City Premises(Unsecured Structure) 5/12/19 Unsecured Vacant Building Duty to secure Vacant Building Owner Compliant 416/21 Emergency Measures Bees Owner Compliant 7/12/22 Substandard Structure In Progress 7/19/22 Vacant Building Litter/Solid NVaste,Sidewalk, Compliant Curbs,and Cutters 7/19/22 Unsecured Vacant Building Duty to secure Vacant Building Compliant 9/14123 Unsecured Vacant Building Duty to secure Vacant Building Partial Owner Compliance 12141/2 - 1220 N. Staples St. Pictures r �t r ♦ r •• m r • a c 1220 STAPLES STN opus CH 4W4,nsa Y X Y e's i opus CH 4W4,nra Y � X Y nasi 1 � 12141/2 - 1220 N. Staples St. Pictures . r NTLI � r�7nr.r i� 1r� I-VI 9.1 i Code Errf6Kem4trht wjft ,dap ., .NL lq • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline • 7/12/2022- Code Enforcement is notified of the potential violation and initial inspection of the property is completed. Property is placard for substandard conditions and a building survey is completed. A hold is placed on the utilities for the property. • 7/13/2022-Notice of violation and building survey are mailed out to property owner. Providing the owner with a 30-day compliance period. • 9/15/2022- A compliance reinspection was conducted, and the property was found to be in violation. • 9/16/2022-Citation issued to property owner for non-compliance. • 11/9/2022- A compliance reinspection was conducted, and the property was found to be in violation. • 11/10/2022-Citation issued to property owner for non-compliance. • 11/17/2022 & 11/18/2023- Legal public notice of violation for property is published in the Caller Times Newspaper. • 12/27/2022 & 12/28/2022- Legal public notice of Building Standards Board hearing for January 2023 published in the Caller Times Newspaper. Date of hearing is 1/26/2023. • 1/26/2023-A substandard building case was presented to the Building Standards Board. o The board ordered the property to be tabled until the March 2023 hearing.A verbal order was issued to the property owner to return with a vacancy proposal at the March hearing. • 2/27/2023 & 2/28/2023- Legal public notice of hearing for March 2023 published in the Caller Times Newspaper. Date of hearing is 3/23/2023. • 3/23/2023-A substandard building case was presented to the Building Standards Board. o The property owner did not comply with the March verbal order to present a vacancy proposal. o The board ordered the property to be tabled until the May 2023 hearing. A verbal order was issued to the property owner to return with a structural engineering report at the May hearing. • 5/1/2023 & 5/2/2023-Legal public notice of hearing for May 2023 published in the Caller Times Newspaper. Date of hearing is 5/25/2023. • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline • 5/5/2023- Inspection completed—Photos taken to verify the condition of the property. • 5/16/2023-Inspection completed—Photos taken to verify the condition of the property. • 5/25/2023-A substandard building case was presented to the Building Standards Board. o The property owner did not comply with the May verbal order to return with a structural engineering report.The owner stated they did not have did not have time to complete it. o The Board ordered the property to be tabled until the July 2023 hearing. A verbal order was issued to the property owner to return with a structural engineering report at the July hearing. • 7/3/2023 & 7/5/2023- Legal public notice of hearing for July 2023 published in the Caller Times Newspaper. Date of hearing is 7/27/2023. • 7/27/2023- A substandard building case was presented to the Building Standards Board. The property owner did not comply with the July verbal order to return with a structural engineer report. o The Board ordered property to be tabled till the September 2023 hearing. A verbal order was issued to the property owner to secure the property by installing a perimeter fence within 30 days and board up any openings to the structure to prevent potential access. • 8/12/2023-Inspection completed—Photos taken to verify the condition of the property. • 9/5/2023 & 9/6/2023-Legal public notice for the September 2023 hearing published in the Caller Times Newspaper. BSB hearing date is 9/28/2023. • 9/13/2023- Compliance Inspection completed — Fencing erected around one portion of the building but not completely around the perimeter of the building, as directed by the Building Standards Board at the 7/27/2023 BSB Hearing. o In addition, Code Compliance found an unsecure opening on the 2nd level and started an Unsecured Vacant Building to notify the owner of the unsecured opening on the 2nd level. • 9/28/2023- A substandard building case was presented to the Building Standards Board. The property owner did not appear at the hearing. The owner's legal representative advised that he would not be in attendance. o Via email, the owner's legal representative provided a letter from an engineer stating a summary of a general assessment of the condition of the building. A written request for an extension was also submitted via email. On behalf of the property owner, the letter from the engineer and the extension request were presented to the Building Standards Board for consideration. • Development Services Department I Code Compliance Division 1214% -1220 North Staples I Substandard Building Case Summary—Timeline o A motion was made to require the owner to demolish the structure within 30 days. The Board voted (3 to 1) and the motion passed. If the owner is non-compliant after the 31s' day,the City is authorized to demolish the structure. • 10/24/2023—The City's Secretary's Office confirmed receipt of the Notice of Appeal submitted by the owner's legal representative. • 11/14/2023 —A compliance inspection was conducted to find a fence has been erected around the perimeter of the building. o The 2"d floor opening has not been secured. ■ 11/14/2023—An inspection confirmed the 2"d floor is accessible and the opening remains unsecure. • An abatement work order will be issued to secure the opening. • 11/27/2023 — Notice of Building Standards Board Appeal Hearing sent to Priscilla Tyron Cambric and Matt Manning • 12/12/2023—Building Standards Board Appeal scheduled to be heard by City Council Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 cctexas.com Meeting Minutes - Draft Building Standards Board Thursday, September 28, 2023 1:30 PM 6th Floor Conference Room I. Call To Order, Roll Call Chairman Giffin called the meeting to order at 1:32 pm and a quorum was established to conduct the meeting. Present: 4- Chair Catherine Giffin, Merced Pena, John Solberg, and Carlos Martinez Absent: 1 - Monica Pareso II. PUBLIC COMMENT: None. III. Approval of Absences: None IV. Approval of Minutes 1. 23-1516 Regular Building Standards Board Meeting Minutes 7-27-2023 Attachments: DRAFT Minutes BSB Hearing 7-27-2023 A motion was made by Board Member Solberg to approve the minutes listed above and seconded by Board Member Martinez . The Vote: All Aye. The motion passed V. Approval of Staff Report 2. 23-1522 BSB Property Updates Attachments: BSB PROPERTY SPREADSHEET A motion was made by Board Member Solberg to approve the staff report listed above and seconded by Board Member Martinez . The Vote: All Aye. The motion passed VI. Public Hearings: The Board will hear the following cases concerning alleged violations under Chapter 13 of the Corpus Christi Code of Ordinances and may issue an order to demolish, vacate, relocate occupants, repair, and/or secure the premises. (Item A and B) City of Corpus Christi Page 1 Printed on 101512023 Building Standards Board Meeting Minutes -Draft September 28,2023 A. Returning for Board Action 3. 23-1521 Case Number: V184239-071222 Property Address: 1214 1/2-20 Staples St. N. Staff Recommendation: Demolish Commercial Structure Attachments: 1214 1.2-20 STAPLES N. ST. A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Pena. The Vote: Aye: Chairman Giffin, Board Members Martinez and Pena. Nay: Board Member Solberg. The motion passed. B. New Cases 4. 23-1517 Case Number: V199796-022423 Property Address: 1009 12th St. Staff Recommendation: Demolish Residential & Accessory Structure Attachments: 1009 12TH ST A motion was made by Board Member Pena tabling the property until the November Building Standards Hearing under the conditions that the owner must remedy all Code violations for property; seconded by Board Member Martinez. The Vote: Aye: Board Members Martinez, Pena, and Solberg. Nay: Chairman Giffin. The motion passed. 5. 23-1518 Case Number: V203743-041823 Property Address: 1920 16th St. Staff Recommendation: Demolish Residential & Accessory Structure Attachments: 1920 16TH ST. A motion was made by Board Member Solberg requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Chairman Giffin. The Vote: Aye: All in favor. The motion passed. 6. 23-1519 Case Number: V204051-042123 Property Address: 5437 Crockett St. Staff Recommendation: Demolish Residential Structure Attachments: 5437 CROCKETT ST. A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Solberg. The Vote: Aye: All in favor. The motion passed. City of Corpus Christi Page 2 Printed on 101512023 Building Standards Board Meeting Minutes -Draft September 28,2023 7. 23-1520 Case Number: V203624-041723 Property Address: 2112 Howard St. Staff Recommendation: Demolish Residential Structure Attachments: 2112 HOWARD ST A motion was made by Chairman Giffin requiring the owner to demolish the structure(s) within thirty (30) days. If demolition is not started and completed as required, then the City be authorized to demolish; seconded by Board Member Solberg. The Vote: Aye: All in favor. The motion passed. VII. Briefing: Emergency Demolition Overview 8. 23-1570 Emergency Demolition Report Attachments: BSB-EMER. DEMO SPREADSHEET No action needed. VIII. Future Agenda Items IX. Adjournment There being no further business to discuss, the meeting was adjourned at 3:23 pm. City of Corpus Christi Page 3 Printed on 101512023 i : : CASON Charles C.Webb,Jr. RE EFVE a Benny M. Cason Parker S.Webb 0 C T 2 4 2023 Patrick L. Beam Matthew(Matt) S. Manning CITY SECREWW'SCFRCE '7 Stephen J. Chapman Craig A. Rogers VIA E-Mail Ms. Rebecca Huerta City Secretary City of Corpus Christi, TX E: citysecretarvc@-cctexas.com E: cityclaims(cDcctexas.com Mr. Joseph (Buck) Brice Assistant City Attorney City of Corpus Christi, TX E:iosephb(c�cctexas.com 23 October 2023 Re: NOTICE OF APPEAL to the Corpus Christi City Council from the 28 September 2023 1 Building Standards Board (BSB) recommendation of demolition of the propertv located at 12141/2-1220 North Staples St., Corpus Christi,TX 78401 Case No: V184239-07122 Dear Corpus Christi City Council, Ms. Huerta and Mr. Brice: Please be advised that my client, Mrs. Priscilla Tryon Cambric, provides this notice of appeal pursuant to §13-24 of the City of Corpus Christi Code of Ordinances, appealing the Building Standards Board's 28 September decision to recommend demolition of her property. The decision is erroneous, manifestly unjust, without good cause, and would cause undue hardship on Mrs. Cambric, the owner. This decision is against the spirit and purpose of the Code of Ordinances and is against the public interest in maintaining and preserving historical, culturally-significant buildings. The error(s) committed by the Building Standards Board are thus: 1. Appellant-Owner,Mrs.Priscilla Cambric,provided to the Building Standards Board letters from both the Texas Historical Commission and Texas Dance Hall Preservation, Inc., outlining the historical significance of the building (at different times known as the Ebony Recreation Spot,the Skylark Club, and the Fabulous Lounge),noting specifically that it is the only remaining structure of its historical significance to African-Americans left standing in this community, particularly in the Northside area known as "The Cut." The letters from both organizations encouraged the City of Corpus Christi to afford Mrs. Cambric the opportunity and sufficient time to restore this building, considering its extraordinary historical significance. Copies of these letters are attached to this notice of appeal. 2. Undersigned counsel for Mrs. Cambric provided both a letter requesting continuance, due to previously-scheduled travel, and the report of the visual inspection of the property, as conducted by the Tradewinds Consulting Group, and at the behest of the Board. The Board nonetheless disregarded these communications in its decision. Copies of the e-mail requesting continuance; the letter requesting continuance; and the visual inspection report are attached to this notice of appeal. 3. With the exception of the 28 September 2023 meeting before the Board at which neither the property owner nor her counsel were present, the City of Corpus Christi Code Enforcement has not offered a single complaint from any member of the community regarding this property.Each alleged complaint was generated by Code Enforcement itself, seemingly intensifying upon Mrs. Cambric's challenging of Code Enforcement's repeated requests for demolition. 4. Mrs. Cambric has already incurred costs following the instruction of the Board to erect fencing on her property. She has put up a fence. It is erroneous and an undue hardship for the Board to force Mrs. Cambric to erect a fence on a property the Board is just ultimately going to recommend be razed. 5. At least one of the prior meetings, one member of the Board — Mr. John Solberg — recommended indefinitely tabling the discussion on Mrs. Cambric's property to afford her the time and opportunity to seek historical preservation and recognition for her property. Despite other Board members agreeing with that suggestion, the City Legal Department that there was no way to accomplish that. Notwithstanding the procedural issue, members of the Board were amenable to allowing Mrs. Cambric the opportunity to restore this culturally invaluable structure until the Board's abrupt about-face, divesting Mrs. Cambric;the Black community of Corpus Christi;and the City of Corpus Christi writ large of the presence and resurgence of one of its most culturally-significant structures. Please confirm receipt and contact my office should you have any questions or need assistance in scheduling a date for us to appear before the City of Corpus Christi City Council. Sincerely, Matthew(Matt) S. Manning Attorney for Priscilla T. Cambric TEXAS HISTORICAL COMMISSION real places telling real stories July 27, 2023 Robert Kurtz,Historic Preservation Officer Land Development I Development Services City of Corpus Christi 2406 Leopard Street Corpus Christi, Texas 78401 RE: Skylark Club/Fabulous Lounge/Ebony Recreation Spot, 1214-1220 N. Staples, Corpus Christi,Nueces County, Texas Dear Mr. Kurtz: I have reviewed our files regarding the building at 1214-1220 N. Staples,Corpus Christi.The property served a variety of businesses through the mid-20'century,most importantly music venues known as the Skylark Club, and later the Fabulous Lounge.During the Jim Crow period in Corpus Christi,rhythm&blues and experimental modes of jazz played by African American musicians were performed for African American audiences only in nightclubs such as the Skylark Club. Some Anglo and Hispanic members of the Corpus Christi swing scene would often visit this neighborhood(known as "The Cut")and participate in jam sessions in venues such as the Down Beat, In& Out,Hoot Club, Skylark Terrace, Club Alabam, and the Cotton Club, playing live music for predominantly—but not exclusively—Black audiences. Of these venues, only the building at 1214-1220 N. Staples is still standing. Historic music venues and dance halls are integral to understanding Texas' rich cultural heritage,and the Skylark Club/Fabulous Lounge is eligible for listing in the National Register of Historic Places under Criterion A in the areas of Entertainment and Ethnic Heritage/Black at the state level of significance. The building stands as a rare and fragile example of a night club devoted solely to these forms of popular music in Corpus Christi,and we encourage the city and property owner to take steps to secure and preserve this significant property. If you have any questions,you may contact me at(512) 463-6013 or greg.smith@thc.texas.gov. Thank you for your interest in the National Register and in preserving Texas' cultural heritage. Sincerely, Gregory Smith National Register Coordinator GREG ABBOTT, GOVERNOR • JOHN L. NAU, III, CHAIR • MARK WOLFE, EXECUTIVE DIRECTOR P.O. BOX 12276 •AUSTIN. TEXAS • 78711-2276 • P 512.463.6100 • F 512.475.4872 •TDD 1.800.735.2989 •www.thc.state.tx.us 1 ' July 27, 2023 Robert Kurtz Historic Preservation Officer, Department of Development Services 2406 Leopard Street, Suite 100 Corpus Christi, TX 78408 Dear Robert: Texas Dance Hall Preservation, Inc., has reviewed the available information concerning the Ebony Recreation Spot, formerly known as the Skylark Club and the Fabulous Lounge,located at 1214- 1224 North Staples Street in Corpus Christi. I am writing today to encourage the City of Corpus Christi to table any action related to demolition and give the property owner sufficient time to determine whether this building can feasibly be secured, stabilized, and made weathertight. The Ebony Recreation Spot is historically and architecturally significant as a fairly rare example, statewide, of a surviving urban dance hall from the mid-20'century. While hundreds of dance halls were built during the late 1800s and early to mid-1900s,very few of them remain. The Ebony Recreation Spot meets the registration requirements for a dance hall as established by Texas Dance Hall Preservation and used, in part, to determine eligibility for the National Register of Historic Places. Other examples of long-vacant dance halls that have been recently rehabilitated and put back into productive use include Lerma's(San Antonio), the Eldorado Ballroom(Houston), and the Bellville Turnverein Pavilion(Bellville).All of these utilized a combination of historic tax credits, grants, and other funds—made possible by National Register eligibility—to complete the projects. In two of these cases, the building was being considered by the City for demolition before it was saved. Today,these dance halls and ballrooms are vibrant community spaces and are expected to catalyze economic development in the immediately surrounding area. Texas Dance Hall Preservation works with dance hall owners to provide technical assistance and consulting during restoration or rehabilitation projects. We can assist property owners with funding strategies, historic tax credit projects, connecting hall owners to specialized building professionals, etc. We have already spoken with Matt Manning, the property owner's attorney, regarding the potential historic designations available for the property and the financial incentives available for the rehabilitation of this historic building, including state and federal tax credits; grants such as the Texas Preservation Trust Fund grant program, Texas Dance Hall Preservation's Preservation Fund grant program, and others; state sales tax exemptions on construction labor for properties listed on the National Register and on "amusement services" when the building is returned to productive use; and the Property Assessed Clean Energy(PACE)program, which can assist with financing for energy-efficient building systems. 3005 S Lamar Blvd, Ste D-109#315, Austin, TX 78704 . 512-400-4315 • texasdancehall.org In 2019, Texas Dance Hall Preservation developed a toolkit for"mothballing" vacant buildings. We will be happy to provide this to the property owner and their building professionals at no charge, to assist in making this building secure and weathertight while future plans can be considered. Texas Dance Hall Preservation is currently documenting extant dance halls in the Hurricane Harvey disaster area,with a grant from the National Park Service, and our historic resources survey team is in touch with the owner of this property, with plans to document the Ebony Recreation Spot next week, on Thursday, August 3. The photographs and information collected during that visit will provide more information about the condition of the building and help to inform the property owner's decision-making about next steps. We request that the City of Corpus Christi defer any action on this building and allow us to work with the property owner to determine whether and how this building could be put back on the City's tax rolls and once again contribute to the economic vitality of this neighborhood. Very best regards, 6W*,1tA&&q&L Steph McDougal, Past President, Texas Dance Hall Preservation Board of Directors On behalf of Bethany Wolf, Executive Director CC: Mrs. Patricia Cambric Matt Manning, Esq. Gregory Smith, Texas Historical Commission 3005 S Lamar Blvd, Ste D-109#315, Austin, TX 78704 . 512-400-4315 • texasdancehall.org Tradewinds Consulting Group 5321 Crestwick Drive Corpus Christi, TX 7843 Cell: 361-658-5353 elsample,att.net August 16, 2023 Ms. Priscilla F. Cambric 2814 Rogers Street Corpus Christi,TX 78405 Cell: 361-765-9476 Email: pLrycam@aol.com Re: 1214 '/2-20 North Staples Street CORPUS CHRISTI,TX 78401 Ms. Cambric: As requested, I have performed a visual inspection of the above captioned property on August 14, 2023. The commercial building was vacant and not occupied during our inspections. Directional references are made as viewed from North Staples Street facing the building. This commercial building is a two-story structure built on a slab-on-grade foundation approximately 75 years ago. The exterior covering is metal with a conventionally framed wooden stud wall system. The roof is no longer functional. As stated,this building is approximately 75 years old. However,the slab-on-grade foundation appeared to be in favorable condition. No major repairs appear to be required. The purpose of the inspection was to ascertain the general structural condition of the building and formulate a plan to move forward with renovation and repairs. There are several options available to accomplish this task. Based on my inspections and our resulting discussion, a plan at this time is to remove or demolish the second-floor, including walls and remaining roof system. The existing roof was supported by trusses with a conventional roof covering system resting on the exterior walls. This option continues, after the demolition of the second-floor, to construct wood stud walls around the length and width of the entire building and construct a new roof structure. This would result in a one-story building with a new roof structure. This plan would allow the building to be secured until farther construction and remodeling would be done. We appreciate the opportunity to be of service to you in preparing this report. Yours truly. ��aaaaaaaMia 1! �� t•R• 'iiiii i�a E!Sampl , 10/23/23,4:18 PM Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance Matt Manning <Matt@wcctxlaw.com> To:Buck Brice<josephb@cctexas.com>;Amanda Pena <amanda@wcctxlaw.com> Bcc:ptrycam@aol.com <ptrycam@aol.com> 0 23 0928 Correspondence to Building Standards Board.pdf; 1214 North Staples Report.pdf; Buck: My apologies. My internet service has been wonky here at the Houston Hobby airport. Please find attached our letter requesting a continuance and the inspection report. Please confirm receipt. Best, Matt Manning Attorney VVEBB, CASON & MANNING C T F MATT@WCCTXLAW.com E • 41L C v/e/aw Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney-client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review,dissemination,distribution,or copying of this message is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return to us by mail. From: Buck Brice <josephb@cctexas.com> https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQv089SzaQ7lvONCcSRm6AA05%26JxoAAA%3D Page 1 of 5 10/23/23,4:18 PM Sent: Thursday, September 28, 2023 12:37 PM To: Matt Manning <Matt 9 wcctxlaw.com> Subject: Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance Matt, As previously discussed, you are going to submit an actual letter requesting a continuance. I have not recieved such letter, and the BSB meeting is 1 hour away. Thank You for Your Time and Attention, Buck Brice, LLM, JD, MBA Deputy City Attorney City of Corpus Christi Phone: 361-826-2376 Fax: 361-826-3239 "Confidential Attorney/Client Privileged Information" NOTICE: This email message is for the sole use of the intended recipient(s)and may contain confidential and privileged attorney-client information or work product. Do not forward without written permission from the original sender. You are hereby notified that any unauthorized review, use, disclosure,copying, or distribution of this email message or any information contained herein is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email or telephone at(361) 826-2376 and destroy all copies of the message immediately. Thank you From: Matt Manning <Matt@ wcctxlaw.com> Sent: Thursday, September 28, 2023 8:39 AM To: Buck Brice <josephb@cctexas.com> Subject: Re: Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] Buck: Thanks. In that event, I'd appreciate it if you'd do me the professional courtesy of passing this along to the Board, as I'll be in the air at that time. Last my client and I spoke, she was planning to erect a fence. Haven't seen it with my own eyes, but I believe she put it up. The engineering report requested by the Board is attached. https://outlook.office.com/mail/id/AAMkAGEzZTiOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 2 of 5 10/23/23, 4:18 PM We are still intending to get our application in next month for historical designation and to get with the dancehall preservation folks we've been in contact with for funding. Best, Matt Manning Attorney WEBB, CASON & MANNING 710 MESQUITE STREET Corpus Christi, TX 78401 512.4 31.9 810 C 361.887.1031 T 361.887.0903 F MATT@WCCTXLAW.COM SENT FROM MY (PHONE Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney- client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review, dissemination, distribution, or copying of this message is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return to us by mail. On Sep 27, 2023, at 09:27, Buck Brice <josephb@cctexas.com> wrote: Matt, I am not aware of any particular means. Thank You for Your Time and Attention, <Outlook-1476474776.png> Buck Brice, LLM, JD, MBA Deputy City Attorney City of Corpus Christi Phone: 361-826-2376 https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89Sza Q7lvONCCSRm6AA05%2BJxoAAA%3D Page 3 of 5 10/23/23,4:18 PM Fax: 361-826-3239 "Confidential Attorney/Client Privileged Information" NOTICE: This email message is for the sole use of the intended recipient(s)and may contain confidential and privileged attorney-client information or work product. Do not forward without written permission from the original sender. You are hereby notified that any unauthorized review, use,disclosure,copying,or distribution of this email message or any information contained herein is strictly prohibited. If you are not the intended recipient, please contact the sender by reply email or telephone at(361) 826-2376 and destroy all copies of the message immediately. Thank you From: Matt Manning <Matt@wcctxlaw.com> Sent: Tuesday, September 26, 2023 9:57 AM To: Buck Brice <josephb@cctexas.com> Subject: [EXTERNAL]Building Standards Board Meeting -- 28 September 2023 @ 1330; Continuance [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. Buck: Good morning. I hope you're well. I'm bothering you because my client. Mrs. Priscilla Cambric Tryon, is slated to appear this Thursday in relation to her property at 1214 1/2-20 Staples St. N. at 1 :30pm. As you surely recall, I've appeared there with her before. I have a previously scheduled trip where I'll be flying out that morning. I was going to write a letter to the BSB apprising them of why we were not in attendance but wanted to seek guidance before I did that. Is there a particular way those boards like to receive continuances? Any help you can provide would be greatly appreciated. Best. Matt Manning Attorney WEBB, CASON & MANNING C T F matt@wcctxlaw.com E <image001.png> <image002.png> https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 4 of 5 10/23/23,4:18 PM Personal and Confidential The information contained in this message is intended only for the personal and confidential use of the designated recipient named above. This message may attorney-client communication and/or may be attorney work product and as such is privileged and confidential. The attorney-client privilege and attorney privilege are expressly retained and intended to be preserved if the reader of this message is not the intended recipient you are hereby notified that you have received this document in error and that any review,dissemination,distribution,or copying of this message is strictly prohibited. If you have received this communication in error,please notify us immediately by telephone and return to us by mail. https://outlook.office.com/mail/id/AAMkAGEzZTIOYjQ5LWY5MTEt...7lvONCcSRm6AAAAAAEJAABXQvO89SzaQ7lvONCcSRm6AA05%2BJxoAAA%3D Page 5 of 5 i : : CASON Charles C.Webb, Jr. Benny M. Cason Parker S.Webb Patrick L. Beam Matthew (Matt) S. Manning Stephen J. Chapman Craig Rogers September 28, 2023 Building Standards Board City of Corpus Christi 1201 Leopard St. Corpus Christi, Texas 78401 Re: Case No.: V184239-07122 Property Address: 1214 %-20 Staples St.N. Dear Building Standards Board: I hope this letter finds you well.I am unable to appear before you today as I had previous travel plans. Accordingly, we are respectfully asking that you grant us a continuance on our appearance before you this afternoon. Also,please find attached/enclosed the Inspection Report produced by the Tradewinds Consulting Group, who inspected the property on 16 August 2023. In conformity with the Board's prior instructions, my client has erected a fence around the property and got the property inspected. It is our intention to further our communication with the dancehall preservation entities and the Texas Historical Commission to apply for the Untold Markers program and any others for which the property is eligible. We ask the Board's grace in accepting this letter and the attached report in lieu of in-person attendance this afternoon and appreciate your consideration thereof in advance. Best Regards, V(� (I Matt Manning MSM/alp Enclosures A PROFESSIONAL CORPORATION 710 MESQUITE St. •Corpus Christi,TX 78401 361-887-1031 • FAX 361-887-0903 Toll Free 866-932-2529 • www.wcctxlaw.com Igo Code Compliance Division Notice of Building Standards Board Order Case No. V184239-07122n 9/28/2023 CERTIFIED LETTER# 70201810 0000 1229 0641 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI,TX. 78405 In regard to the building(s) or structure(s): located at 12141/2-20 STAPLES ST.N. CORPUS CHRISTI,TX.78401 located on the property described as COLONIA MEXICANA LTS 3,4,5 & 6 BLK SE/2 E described as COMMERCIAL STRUCTURE The Building Standards Board (hereinafter, "Board") met at 1:30pm on September 28, 2023, in the 6th Floor Executive Conference Room, 1201 Leopard,to hear matters concerning the substandard building(s) located at the above referenced property. In reference to the substandard building(s), the Final Order of the Board's decision is enclosed. The Final Order specifies the time allowed for the owner, lienholder, and/or mortgagee to comply with the Board's Final Order.The time permitted commences from the date listed on the enclosed Order. An appeal of this Board's decision may be made to the City Council under the provisions of Corpus Christi Code Sec. 13-24 - Appeals. If the ordered action is not taken,the City may vacate,secure,remove,or demolish the building or relocate the occupants of the building.A lien will be placed on the property to cover the costs incurred by the City to vacate, secure, remove, and demolish the structure. The lien will be removed if the property owner or another person reimburses the City for the expenses. Furthermore, criminal prosecution in Municipal Court will be pursued if the ordered action is not taken.You can be assessed a fine of up to $500.00 each day a violation continues. It may be necessary for the owner, lienholder, and/or mortgagee to obtain the proper permits before initiating demolition or repairs ordered by the Board. A permit can be obtained at Development Services located at 2406 Leopard Street, Corpus Christi,Texas. If you have any questions regarding this matter, Roland Maldonado, Code Compliance Supervisor,can be reached at (361) 826-3046. Sincerely, Roland Maldonado Code Compliance Supervisor Development Services Attachment: Building Standards Board Order FINAL ORDER OF THE BUILDING STANDARDS BOARD Case No. V184239-07122 In regard to the building(s)or structure(s): located at 12141/2-20 STAPLES ST.N. CORPUS CHRISTI,TX.78401 located on the property described as COLONIA MEXICANA LTS 3,4, 5 & 6 BLK SE/2 E described as COMMERCIAL STRUCTURE this Final Order is issued pursuant to the authority granted to the Building Standards Board("Board") of the City of Corpus Christi, ("City"),Nueces County, Texas in accordance with the Charter of the City, Chapter 13 of the City's Code of Ordinances("Code")and the Texas Local Government Code. On September 28" ,2023 the City of Corpus Christi Building and Standards Board held a public hearing and made the following findings regarding the building(s)or structure(s)referenced above: FINDINGS: that a notice of violation and request to correct was sent to the owner(s), lienholder(s), mortgagee(s) and all known interested parties and published in the Corpus Christi Caller Times; that 30 days have elapsed since the notice of violation was received and/or published and those violations were not cured; that a complaint was filed with the Chair of the Board and the public hearing was held not fewer than 10 days and not more than 45 days after the complaint was filed; that proper notice was sent to the owner(s), lienholder(s), mortgagee(s), and all known interested parties, and published in the Corpus Christi Caller Times; that a public hearing was held during a meeting of the Corpus Christi Building and Standards Board during which all interested persons were allowed to appear and be heard; that, after considering all testimony, documentation, and information at the public hearing, the building(s) or structure(s)identified above is(are)in violation of the standards set out in the Corpus Christi Code of Ordinances and is(are) dilapidated, substandard, or unfit for human habitation and a hazard to the public health, safety, and welfare; that the building(s)or structure(s) cannot be repaired because of the refusal of owner or its intrinsic state of disrepair or both and is dilapidated or substandard where the Board orders demolition; that City will vacate, secure,remove,or demolish the building or relocate the occupants of the building if the ordered action is not taken within a reasonable time. ORDER: UNLESS SPECIFICALLY SELECTED BY CHECKBOX BELOW, IT IS HEREBY ORDERED: that the substandard building(s) and/or structure(s) referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s)within 30 days; and that, if there are items of personal property in the substandard building(s) and/or structure(s)to be demolished, the owner shall remove them within 30 days. 1 Or in the alternative to Demolition within 30 days,the Board ORDERS as indicated by the checked box(s)below: DEMOLITION WITHIN 31 TO 90 DAYS The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s), within (31 to 90) days. Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed,and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO DEMOLISH The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the demolition of the building(s) or structure(s) and the owner(s), lienholder(s) and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work;therefore, the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be removed or demolished by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: The Board further finds the above referenced property,including structures or improvements on the property, exceeds $100,000 in total value;therefore,the owner(s), lienholder(s),and/or mortgagee(s)shall post a cash or surety bond in an amount adequate to cover the cost of repairing,removing or demolishing the building(s) or structure(s) not later than the 30th day from the date of this Order.In lieu of a bond,the owner, lienholder, or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR REPAIR WITHIN 30 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within 30 days. Repairs must comply with City Ordinance Section 13-22(g). 2 OR REPAIR WITHIN 31 TO 90 DAYS The Board finds the substandard building(s) or structure(s) can reasonably be repaired so as to comply with the code;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be repaired by the owner(s),lienholder(s), and/or mortgagee(s)within (31 to 90) days. Repairs must comply with City Ordinance Section 13- 22(g). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board,to wit: OR MORE THAN 90 DAYS TO REPAIR The Board finds that the owner(s), lienholder(s), and/or mortgagee(s) has submitted a detailed plan and schedule for the repair of the building(s)or structure(s)and the owner(s), lienholder(s)and/or mortgagee(s) has established that the work cannot reasonably be completed within 90 days because of the scope and complexity of the work; therefore,the Board ORDERS: The dilapidated or substandard building(s)or structure(s)referenced above shall be repaired by the owner(s), lienholder(s), and/or mortgagee(s) within days. Repairs must comply with City Ordinance Section 13-22(g). Further,the owner(s), lienholder(s), and/or mortgagee(s)shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the detailed plan and schedule submitted to the Board and approved by the Board. The owner(s), lienholder(s), and/or mortgagee(s) shall submit monthly progress reports to the Code Enforcement Division to demonstrate compliance with the time schedules established for commencement and performance of the work. The detailed plan and schedule approved by the Board is attached and incorporated by reference to this Order and includes the amendments and/or additions noted below: F-1The Board further finds the above referenced property,including structures or improvements on the property, exceeds$100,000 in total value;therefore,the owner(s), lienholder(s), and/or mortgagee(s) shall post a cash or surety bond in an amount adequate to cover the cost of repairing, removing or demolishing the building or structure not later than the 30th day from the date of this Order. In lieu of a bond,the owner, lienholder,or mortgagee may provide a letter of credit from a financial institution or a guaranty from a third party approved by the City. OR 30 DAYS TO SECURE The substandard building(s)or structure(s)referenced above shall be secured by the owner(s), lienholder(s), and/or mortgagee(s)from unauthorized entry within 30 days. 3 • F F, AND VACATE STRUCTURE(S) The Board finds the substandard building(s) or structure(s) is(are) so damaged, decayed, dilapidated, unsanitary, unsafe, or vermin-infested that it creates a serious hazard to the health or safety of the occupants or the public;therefore, the Board ORDERS: The substandard building(s)or structure(s)referenced above shall be vacated by the owner(s), lienholder(s), and/or mortgagee(s) within 30 days or days. The building(s) or structure(s) shall be placarded to prevent occupancy until the building(s)or structure(s)is brought up to all minimum standards of the code by the owner(s), lienholder(s), and/or mortgagee(s). Further, the owner(s), lienholder(s), and/or mortgagee(s) shall secure the property in a reasonable manner from unauthorized entry while the work is being performed, and work shall be commenced and performed in accordance with the time schedules established by the Board. Catherine Giffin FO AGAINST/ABSTAIN Merced Pena GAINST/ABSTAIN Monica Pareso FORAT/ABSTAIN Carlos Martinez FO GAINST/ABSTAIN John B. Solberg FOR/ GAINST ABSTAIN Ordered this_28TH_day of_SEPTEMBER 52023. co�r��� L��av� Z��. v Signed under the authority of the B Signe under the auth of the Board: Chair Vice-Chair °I=12�tn Filed with the City Secretary: Date Filed `Zq.2 Rebecca Huerta City Secretary 4 NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 a � DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 Certified Letter# 7020 1810 0000 1364 0896 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI, TX. 78405 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. ntu, Assistant Director Development Services - Code Enforcement Division tr _ NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER 16� 1 BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI, TX. 78405 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BILK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the durationof the City Council Meeting as the "appeal" maybe heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. iCt!u, Assistant Director Development Services - Code Enforcement Division • NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 11/27/2023 Certified Letter# 7020 1810 0000 1364 0902 MATT MANNING WEBB, CASON, & MANNING PC. 710 MESQUITE ST. CORPUS CHRISTI, TX. 78401 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 1/2-2 0 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available forthe durationof the City Council Meeting as the "appeal" may be heard at any time during the regularly larly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, 1 Tracey K. C tu, Assistant Director Development Services - Code Enforcement Division ril• • NOTICE OF APPEAL • OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON DECEMBER 12, 2023 DURING THE CITY COUNCIL MEETING -- THAT BEGINS AT 11:30 AM 11/27/2023 MATT MANNING WEBB, CASON, & MANNING PC, 710 MESQUITE ST. CORPUS CHRISTI, TX. 78401 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s)- located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BLK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, December 12, 2023, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the durationof the Ci!y Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. C tu, Assistant Director Development Services - Code Enforcement Division 1 Er ro C3 D. —0 �l ertifiedMail reP Fin a '� Cxtra Seh'ices Faas la-cu-=--01.�' --r Y A �niR e;P hz•Ceca: v ❑Rakurn A r I'ectrmn.c! -- '�'1�--.—��\r✓ ere r N.triered Delr`ee: - t alrcr GAdulr:-,i —�{ E3 ostag �y m fti T°talc CAMBRIC PRISCILLA $ O 2814 ROGER STREET sent- ru snag CORPUS CHRISTI. TX 78445 P ru __— Cn ruF eau raeN O�naro} � ii.x:ra Scaucce S.I � i S�- .�- Po:,trr�ark :.nn Roce�P:!,..�... • 5.------�.— Hera peoalpt I L1Ger:iHed Mail Rc-;:rcu.;L':iuor7 _r _" do — ^',n.ul1 si9iature P nJ c;Jn G�iVvary 5�—..-- _ Past2�e ,Sotal l�c�� 7MATO MANNING ANNir4G PC C3 Sent To WE66,CASQN,Rru h4..• Cs 710 MESQUITE ST. TX.78401 r- CORPUS Ci-1RlSTl, �L�rly Sldl '� I' II 1'r I I i 1, u i i ii 1 Ilil �I� Postal w , MAV RECEIPT ,., 0 Domestic r., C U1 For delivery information,visit our website at www.usps.comcl. .$ yy� .( r th `"Ari A;;A' Zr) EZI Certified Mail Fee fU C�- Extra Services&Fees(check boy,add fee as approprfar El Return Receipt{hardcopy} $ 0 ❑Return Receipt(electrorlc) $ 0 ❑Certified Mau Restricted Delivery $ 0 ❑Adult Signature Required $ 4 C3 ❑Adult S_�Lnature.Botrictnd-Dalr+�c .- Posta[ Yj;.�,� _1.i'C',rr-' 1 J !,;'-'i0 Er $ ql Q M Total F ra $ CAMBRIC PRISCILLA o sent Ti 2814 ROGER STREET C3 street' CORPUS CHRISTI, TX 78405 --------- - ---- re Cli Sfa ,crr+4" zip r r U.S. Postal Service'" ■ , k D w ■ r Domestic Mail Only Er- Ln TLn Fpr delivery Q rmation,visit our website at www.us—ps.com, ED Oh F• r, w ala RL'. FU� U S`11 11E I Certified Mail Fee l-n '> CL 1-xtra Services&Fees(check bob add lee as appropriate) F]Ro:um Receipt(ham'4py) $ ::um Recelpt(electronic) $ Pase © I]Certified Mall Restricted Delivery $ Here []Adult Signature Required $ E]Adult Sdgnalure Restricted Delivery$ ._ ---`—" ��ostaga-------- -- __• 2? 1?i4112-20 C1 r�rr'F�L-����ok .,9-te0r,. Q j,- fU 'Vocal F ST N JMi ,s MATT MANNING CZ] ISent TCTcten•+ n" -JIM, %0 IVj^$V1411VV r RI YYGr�1:1,Vf1J ED "sireeia 710 MESQUITE ST. --------- r- -------- CORPUS CHRISTI,TX-78401 EM�*112015 r ren•�. NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER I BY CITY COUNCIL ON JANUARY 9, 2024 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 12/18/2023 Certified Letter# 7020 1290 0000 7520 0597 MATT MANNING WEBB, CASON, & MANNING PC. 710 MESQUITE ST. CORPUS CHRISTI, TX. 78401 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BILK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, January 9, 2024, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available forthe durationof the City Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. Cantu, Assistant Director Development Services - Code Enforcement Division NOTICE OF APPEAL OF BUILDING STANDARDS BOARD ORDER BY CITY COUNCIL ON JANUARY 9, 2024 DURING THE CITY COUNCIL MEETING THAT BEGINS AT 11:30 AM 12/18/2023 Certified Letter# 7020 1290 0000 7520 0580 CAMBRIC PRISCILLA 2814 ROGER ST. CORPUS CHRISTI, TX. 78405 In regard to the FINAL ORDER OF THE BUILDING STANDARDS BOARD CASE NO. V184239-071222 for the building(s) or structure(s): located at 1214 '/2-20 N. STAPLES ST. CORPUS CHRISTI, TX. 78401 located on the property described as COLONIA MEXICANA LTS 3, 4, 5 & 6 BILK SE/2 E Notice is hereby given that the City of Corpus Christi City Council is scheduled to consider an appeal of the Building Standards Board regarding the above-listed property on Tuesday, January 9, 2024, in the 2nd Floor Board Room (RM. 210) located at Corpus Christi Regional Transportation Authority, 602 N. Staples St., CORPUS CHRISTI, TEXAS 78401. Please be advised you must be available for the duration of the City Council Meeting as the "appeal" may be heard at any time during the regularly scheduled meeting. When an appeal is pending, all orders of the Board shall be suspended in their operation. The city council may uphold, modify, or reverse the decision of the Board. You will have the opportunity to comment regarding the property during the appeal proceedings. If you have any questions regarding this matter, please contact Code Enforcement at (361) 826-CITY. Sincerely, Tracey K. antu, Assistant Director Development Services - Code Enforcement Division se X111 a.� H v AGENDA MEMORANDUM NCggpOPpt EO First Reading Ordinance for the City Council Meeting of January 9, 2024 1852 Second Reading Ordinance for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2@cctexas.com (361) 826-1677 Ordinance to Amend Chapter 49 of the City Code of Ordinances by Adopting New Right-of-Way Regulations for Excavation and Placement of Utilities CAPTION: Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for properly restoring street surfaces that have been cut for utilities or other tie-ins and providing for penalty; providing for publication. SUMMARY: Sections 49-39-1 through 49-59 of the City Code provides regulations for the management of street cuts. These regulations were originally adopted in December 2013 and administered by the Development Services Department. The article provided requirements for permits, street cuts, restoration, work warranty and street cut recovery fees. A re-evaluation of current processes and the establishment of a Right-of-Way Division, within the Department of Public Works, mandated amendments to the article. BACKGROUND AND FINDINGS: In 2013, the City of Corpus Christi adopted an ordinance to govern and provide requirements for pavement cuts, excavation, and pavement repair for utility construction within in the public right-of-way. This update amends several of the existing provisions found under Chapter 49 of the City's Code of Ordinances (Sections 49-39-1 thru 49-58) to ensure that street closures are effectively managed, disruptions to traffic flow are minimized, and that proper repair to the street pavement are performed to current practices due to utility construction and maintenance. Street excavations may significantly degrade and shorten the life of the surface of the street. Excavations may also significantly increase the frequency of resurfacing, maintenance, and repair regardless of the quality of the restoration. As part of the ordinance update, the Department of Public Works compared practices, requirements, and rules governing excavation in public right-of-way in nine other top cities in Texas (i.e. Houston, San Antonio, Dallas, Austin, Fort Worth, EI Paso, Arlington, Plano, Lubbock). Through the comparison of these top cities in Texas the following was determined: • The Director was responsible for promulgating rules and regulations regarding for street cuts and excavations which included, but was not limited to drawings and specifications, methods by which excavations will be performed, traffic control procedures, application processing and hearing procedures, debarment procedures, construction management procedures, and inspection procedures. • Six of the nine other cities compared incorporated a "curb to curb" repair restoration for the width. • Of the nine other cities compared, only one (EI Paso) utilized an appeal process external to the City Staff or City Council. Article IX of the City of Corpus Christi charter authorizes City Council to designate an officer or employee of the City to grant permits to use public streets, sidewalks, alleys, bridges, parks, buildings and any other public property. However, the City Charter does not provide that an advisory body may overrule the decision of the officer or employee that has been designated by City Council. As part of a FY23 Budget Initiative, a Right-of-Way Division was created within Traffic Engineering/Operations to specifically manage right-of-way construction permits. Updates to the ordinance were required to promulgate right-of-way management policies related to street cuts and other construction activities that impact city transportation systems. Highlights of the requested amendments to the article are listed below: • Maintains the Director as the official to promulgate rules. However, the "Director of Public Works" will be responsible for the administration of right-of-way permits, regulations, criteria and standards that manage cuts and excavations in city right-of- way (existing ordinance states Director of Development Services). • Consolidated right-of-way permitting activities into one article. • Revised the definition of a new street (Any street improved within 7 years and PCI >70). • Variance required to excavate a street 7 years or less in age or PCI > 70. • Ordinance updated to standardize "curb to curb" restoration requirements to excavate a "new" street if a variance is granted. Current ordinance allows Director to specify restoration requirements for any variance. • Removal of pavement cost recovery fees in lieu of restoration requirements. • Applicant will be required to maintain repairs for the "life of the street" (PCI drops below 70 or repaved by the City or other entity). This item was initially presented to the City Council for consideration on December 5, 2023. The item was tabled to address questions raised by Councilman Gil Hernandez to both staff and legal involving the appeal process, as proposed, in the ordinance. The Department of Public Works did meet with and noted recommendations presented by Councilman Hernandez which were to include language that requires either City Council or a Council approved board to serve as the last step in an appeals process. However, City staff recommends the original language proposed. This language is consistent with approved practices exercised in at least eight other major Texas cities that allows administration of right- of-way permits and regulations, which include street excavations and appeals, with the Director and/or City official authorized to perform those duties. ALTERNATIVES: 1 . Approve the proposed ordinance as presented. 2. Deny or motion to amend to make certain changes to the proposed ordinance. FISCAL IMPACT: None. Funding Detail: None. RECOMMENDATION: Staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Corpus Christi Code to amend Chapter 49 Streets and Sidewalks and Chapter 53 Traffic regarding requirements for performing work in the public right of way and placement of utilities; providing for penalty; providing for publication BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division I Generally is revised to amend the City department responsible for supervising work done within the public right of way. "Sec. 49-20. Permission to make improvements. It shall be unlawful for any person to pave or improve or in any manner to change or disturb the surface or grade of any street, avenue or alley in the city, or attempt to do so, unless done under the direction and supervision of the director of cnrrinoorinrr -a Rd phySiGal deVelnr,mon4 uj l works or unless done with the consent and permission of the city council, which consent or permission shall be in writing and signed by the mayor." SECTION 2. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article II Street, Sidewalk, Curb and Gutter and Driveway Construction, Division II Sidewalks, Curbs and Gutters is revised to amend the City department responsible for supervising work done within the public right of way and remove the permit fee language that conflicts with language in Chapter 49, Article III Cuts and Excavations. "DIVISION 2. — DRIVEWAYS, SIDEWALKS, CURBS AND GUTTERS Sec. 49-30. Permit. All persons within the city desiring to build, construct or repair driveway approaches, sidewalks, and curbs and putters in the city shall first secure from the director of ,rd- phySi` al deVeIGPMen+ public works a permit to do such work, and the contractor doing such work or in charge of the same shall secure such permit from the director. All work shall be performed in accordance with the Unified Development Code (UDC) or Infrastructure Design Manual (IDM), as applicable. In the event of a conflict between the UDC and IDM, the IDM shall prevail. A permit shall not be issued for any tract or property where a final plat is required to obtain a building permit. This section shall not apply to public improvements required for new subdivisions where a final plat has not been recorded. Tho girerteF shall Gh,Yno fr,Y ,rd- ro,.oive fre.m. the r0e.p+r,,.+Y1Y re{-,ea.ve—at eaas;t the 6-i im A-f A-Ro dellaY ($4 nn) f9-r Oho 0 i;rano Gf the PLQrrn i4 Restrictions on driveway areas are designed to avoid the domination of front yards by large expanses of impervious surfaces which deaden the streetscape and discourage pedestrian activity. Reducing the width of driveways can reduce total site imperviousness. For residential uses abutting local, residential streets, the driveway aprons shall not comprise more than 50% percent of the lot frontage (per roadway). Residential uses abutting collector or arterial streets shall be limited to no more than three driveways if the lot frontage exceeds 200 feet. SECTION 3. City Code of Ordinances, Chapter 49 Streets and Sidewalks, Article III Cuts and Excavations is hereby repealed and replaced in its entirety to amend the requirements and procedures for working in the public right of way. "DIVISION 1. GENERAL PROVISIONS Sec. 49-39-1. Administration. The Director of Public Works is the principal city official responsible for the administration of the right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. The director is authorized to administer and enforce the provisions of this article, and to promulgate regulations, including but not limited to engineering, technical, and other special criteria and standards, to aid in the administration and enforcement of this article that are not in conflict with this article, this code, or state or federal law. To further aid in the administration and enforcement of this article, the director is also authorized to promulgate regulations and operational standards governing the shared use of the public right-of-way by transportation uses and public service providers, so long as those regulations and standards are not in conflict with this article, this code, or state or federal law. The director may delegate any or all of the duties hereunder. The Right of Way Manager, who shall be an Executive Manager overseeing the Right- of-Way Division in the Department of Public Works, shall have the same duties, responsibilities and authority as specified for the director stated herein except in granting variances and appeals. Nothing in this article authorizes the city to charge any fee in conflict with state law, franchise agreements authorized by the city council, article VII of chapter 49 of this Code, or Ordinance No. 026217, as amended. Sec. 49-39-2. Definitions. As used in this article, the following terms shall have the meanings ascribed in this article, unless the context of their usage clearly indicates another meaning. Words used in the present tense include the future, words in the plural number include the singular number and words in the singular include the plural. The word "shall" is mandatory and not merely permissive. Abandoned facilities means facilities no longer in service or physically disconnected from the operating facilities, or from any other facilities that are in use or that still carry service. Applicant means an owner or authorized agent of an owner, who submits or receives a permit under these provisions of the City Code. The term includes: (a) any officer, director, partner, manager, superintendent, or other authorized person exercising control over or on behalf of the permittee; and any contractor or subcontractor of the applicant, for purposes of compliance with the City of Corpus Christi Infrastructure Design Manual and the traffic control, construction, and maintenance requirements of this article. Backfill means the placement of new dirt, fill or other material to refill an excavation; or the return of excavated dirt, fill or other material to an excavation. Certificated telecommunications provider or CTP means a person who has been issued a certificate of convenience and necessity, certificate of operating authority, or service provider certificate of operating authority by the Texas Public utility Commission or "PUC" to offer local exchange telephone service as defined by Local Government Code Ch. 283 or "the Act." Closure means a complete or partial closing of a sidewalk, parking space, or one or more lanes of traffic of a publicly maintained street for any period of time. Construction means any of the following activities performed by any person within a public right-of-way: (a) Installation, excavation, laying, placement, repair, upgrade, maintenance, or relocation of facilities or other improvements, whether temporary or permanent. Modification or alteration to any surface, subsurface, or aerial space within the public right-of-way. (c) Performance, restoration, or repair of pavement cuts or excavations. Reconstruction of any of the work described in this article. (e) Network nodes and related infrastructure, as defined in Chapter 284 of the Texas Local Government Code. Other similar construction work. Construction standards means the City of Corpus Christi Infrastructure Design Manual (IDM), any manual, or standard specifications and details published by the City that contains engineering, technical, and other special criteria and standards established by the director for construction, as defined in this article, in the public right-of-way as they may be amended from time to time by the Department of Engineering Services and Department of Public Works and approved by the city engineer. Contractor means any public or private person or organization, other than the city. Day means business day unless otherwise specified. Department means the department of public works or a successor department that is responsible for management of the right-of-way and roadway infrastructure. Director means the director of the city department of public works or designated representative responsible for the administration of right-of-way, right-of-way permits, the regulation of same and ordinances related thereto. Emergency operations means operations and repairs necessary to prevent damage or inlury to the health or safety of the public or any person due to an unforeseeable event or occurrence that endangers health, life, or property, or a situation in which public need for uninterrupted utility service requires immediate corrective action to restore or prevent the loss of services. Written notice to the director is required within 24 hours to ensure compliance with this article of the Code. Upgrading of facilities, new service installation and neighborhood improvement projects are not emergency operations. Excavation means an activity that removes or otherwise disturbs pavement, driveways, curbs, sidewalks, soil, fill, or other material, in the right-of-way, including but not limited to the methods of open trenching, boring, tunneling, lacking, or backfilling. Excavation does not include routine homeowner maintenance and landscaping activity immediately adjacent to the homeowner's property line unless the activity removes or disturbs the paved portion of the right- of-way. Facility means the plant, equipment, buildings, structures, and property, including but not limited to lines, poles, mains, pipes, conduits, ducts, cables, micro network nodes, network nodes, node support poles, vaults, wire, and other appurtenances of a public service provider located under, on, or above the surface of the ground within the right-of-way and valves, and related facilities and equipment used or useful for the provision of utility services whether owned, operated, leased, licensed, controlled, or supplied for, by, or in connection with the business of the public service provider. IDM means the City of Corpus Christi Infrastructure Design Manual. Inspection means the inspection of construction by any person approved by the director to determine compliance with this article. Micro network node means a network node that is not larger in dimension than 24 inches in length, 15 inches in width, and 12 inches in height, and that has an exterior antenna, if any, not longer than 11 inches. Network node means equipment at a fixed location that enables wireless communications between user equipment and a communications network. The term includes equipment associated with wireless communications, a radio transceiver, an antenna, a battery-only backup power supply, and comparable equipment, regardless of technological configuration, and coaxial or fiber-optic cable that is immediately adjacent to and directly associated with a particular collocation. The term does not include an electric generator, a pole, or a macro tower. Network provider means a wireless service provider, or a person that does not provide wireless services and that is not an electric utility but builds or installs on behalf of a wireless service provider, network nodes or node support poles or any other structure that supports or is capable of supporting a network node. New street means any street in the right-of-way that has been constructed, reconstructed, or resurfaced during the preceding 7 years-or any street with a pavement condition index of 70 or higher as defined herein. Street excavations are prohibited on newly constructed, reconstructed or resurfaced streets unless approved by the Director. Variances, pavement repair, restoration and inspection requirements are pursuant to the regulations of this Article. Owner means a person, company, partnership, agency or other public or private entity, who is the owner or will, following the completion of the installation, become the owner of any facility that is installed or is proposed to be installed or maintained in the public way. Pavement condition index (PCI) means a measure of the condition of the right-of-way on a scale of 1-100. The PCI for a specific street segment can be requested through the department. Permit means a permit issued under this article authorizing construction in the right-of-way. Permittee means any person or right-of-way user to whom a permit is issued to o„�ta construct within a right-of-way. Person means any person, company, partnership, agency or other public or private entity, excepting city departments. Pole means a municipally owned service pole used to support traffic control functions, signage, lighting, operations or decoration; a municipally owned utility pole; node support pole; or a utility pole. Public service provider means any energy delivery or transport company, wholesale or retail electric utility, gas utility, telecommunications company, cable company, water utility, storm water utility, or wastewater utility, regardless of whether the public service provider is publicly or privately owned or required to operate within the city pursuant to a franchise, including a network provider as that term is defined in Chapter 284 of the Texas Local Government Code, as amended. Registration means the application process of a ROW user to use any portion of the right- of-way. Repair means the temporary or permanent construction work necessary to make the right- of-way useable. Repair area means that area around an excavation where the pavement and subgrade is impacted by an excavation. Restoration means the process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition, or better, than existed before the commencement of the work. Resurfacing means any repaving, overlay, seal or reconstruction which creates a new pavement surface over the entire width of the street, excluding crack seals and localized base and pavement repairs. Right-of-way or public right-of-way or public way means the surface of, and the space above and below, any street, road, highway, freeway, lane, path, trail, drainage way, channel, bridge, tunnel, fee interest, public way or place, sidewalk, alley, boulevard, parkway, drive, or other easement now or hereafter held by the city or over which the city exercises any rights of management or control and shall include, but not be limited to, all easements now held, or hereafter held, by the city. The public right-of-way includes the entire area between the boundary lines of every right-of-way. Right-of-way (ROW) user means a person, its successors and assigns, that uses the right- of-way for purposes of work, excavation, provision of services, or to install, construct, maintain, repair facilities thereon, including, but not limited to, landowners, utilities, contractors and public service providers. Routine service operation means a work activity that makes no material change to the facilities and does not disrupt traffic. Spoils or Excavated Material means construction waste, construction supplies, or excavated dirt, fill or other similar material that is stored or placed upon the surface of a public right-of-way. Street means the pavement, and sub-grade of a city alley, residential4GGa4, collector or arterial roadway. Supplementary application means an application made to excavate, construct within or obstruct more of the right-of-way than allowed in, or to extend a permit that has already been issued. TMUTCD shall mean Texas Manual on Uniform Traffic Control Devices, latest edition. Traffic-control device means a traffic sign, signal, or marking that is placed and maintained in accordance with state law and this Code. Transport facility means each transmission path physically within a public right-of-way, extending with a physical line from a network node directly to the network, for the purpose of providing backhaul for network nodes. Transportation improvement means the portion of work within the finished paved surface of a public way undertaken by or pursuant to contract for the state or a political subdivision of the state for the purpose of improving or maintaining public way transportation and related storm drainage and street lighting infrastructure, but does not include any activity, such as connection to other facilities, that cuts, penetrates, or bores under a public way other than the one being improved or maintained pursuant to the contract or that cuts, penetrates or bores under the public way after installation of new paving. UDC shall mean Unified Development Code. Utility shall mean any privately or publicly owned entity which uses public rights-of-way to furnish to the public any general public service, including, without limitation, wastewater, gas, electricity, water, mobile services, telecommunications services, information services, cable services, video services, wireless services, telephone, petroleum products, telegraph, heat, steam or chilled water, together with the equipment, structures, and appurtenances belonging to such entity and located within and near the right-of-way. Poles are regulated herein only as specifically set forth in this Article. White lining means marking the excavation site with white washable markingpaint or flaps prior to requesting a utility locate in order to further identify the site. Wireless service means any service, using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or mobile, provided to the public using a network node. Wireless service provider means a person that provides wireless service to the public. Sec. 49-39-3. Field utility coordination. (a) The ROW user shall notify the department at each of the following times during a project: (1) 72 hours before the start of construction; (2) Upon completion of the initial backfill; and (3) Upon completion of the project. (b) The ROW user shall mark the site of the proposed excavation with white lining and/or flaps prior to making a request for locates and actual excavation. White lining is not required for excavations of more than 60 feet long unless the excavation is located in pavers, cobblestone, pavements, sidewalks, or other public flatwork. (c) The ROW user shall make a request for a utility locate not more than 14 days and not less than 72 hours prior to the commencement of the proposed excavation. Such request shall be made to the state One-Call Center and the City of Corpus Christi. A request made using the One-Call Center(811) shall be made by telephone or facsimile and shall include the date, location, extent and reason for such proposed excavation. A request to City shall be in accordance with procedures established by the Director. (d) The use of markers, stakes, poles, barricades or other devices shall be used in such a way to avoid damage to adioining property. The use of "non-washable" markers is prohibited. (e) The ROW user shall mark the proposed excavation site with paint and/or flaps in colors established by the One-Call System. The markings shall be placed a distance of not less than 5 feet in all directions from the outside boundary of the site to be excavated. (f) All excavations shall commence within 14 days of the date of the utility locate. In the event that the excavator fails to commence work within 14 days or the utility locate marks are not visible at the time the excavation is scheduled to commence, the ROW user is required to request a new utility locate. (g) Compliance with the Texas Utilities Code is required at all times. (h) All barricades, plates, cones, traffic directional equipment, and all other traffic control devices owned by the ROW user and used on or near any excavation shall be clearly and visibly marked with the name of the permittee and/or ROW user, as applicable, at all times such equipment is used on or near the right-of-way. An exception to the marking requirement may be made in the event the traffic control equipment is not owned by the permittee or ROW user. Failure to mark equipment shall be a violation of this article. (i) It shall be unlawful to place a steel plate at an excavation without a permit. The director may authorize as a condition of a permit the use of a steel plate as a temporary surface for an excavation. Any such permit shall specify the length of time the steel plate is allowed to remain in the public way. It shall be unlawful for any permittee or former permittee to maintain or cause to be maintained a steel plate in the public way after the time specified in the permit for the excavation at which the steel plate is located. Failure to use a steel plate so marked shall be a violation of this article. (j) A network provider conducting routine maintenance on network nodes, including micro network nodes, or network support poles that do not require excavation or closing of sidewalks or vehicular lanes in the right-of-way as provided for in Local Government Code 284.157, shall provide the Department notice not more than 14 days and not less than 48 hours prior to commencement of the planned routine maintenance. Sec. 49-39-4. Maps and records of registrants. Each ROW user must maintain accurate maps and records of its facilities. The information shall be made available to the Department within 5 days of request by the Department. The maps and records shall depict horizontal and vertical locations of all facilities in and near the right-of- way. The information shall be provided in electronic format compatible with city software or shall be subject to a conversion fee. Maps and records shall indicate horizontal location and a description of the facility for the area involved in the permit application and 2 block radius. The Department may have facilities located if the ROW user does not provide the requested information. In such event the ROW user shall reimburse the cost to the city to locate the facilities. Sec. 49-39-5. Notice. Notice for purposes of this article shall be made to city via electronic message (e-mail), overnight courier (generally used carrier with tracing available), or hand delivery with signed receipt, facsimile to the Department, or United States mail return receipt required. Sec. 49-39-6. Registration. All right-of-way users must register with the Public Works Department yearly. Registration, evidence of insurance, and performance/assurance bond and sureties, if applicable, shall be successfully performed on a one-time basis, and must be approved and on file with the city prior to commencement of any work. A certification shall be provided to each applicant that successfully completes the registration process. Annual registration updates shall be performed on the anniversary of the initial registration certification. No ROW user shall be authorized to utilize the right-of-way in any capacity or manner without registering and obtaining the necessary right-of- way permit from the director in accordance with the following requirements: (a) The registration must be on a form furnished by the director and made in the name of the public service provider that owns the facilities, person, or contractor working in the Public right-of-way. (b) The names, telephone numbers, mailing address, e-mail address, of the officer or agent designated as the person authorized to receive service of process on behalf of the public service provider or person. (c) If the public service provider is a certificated telecommunications provider, the certificate number issued by the Texas Public Utility Commission shall be provided. (d) The ordinance number of any franchise or license issued by the city that authorizes the public service provider or person to use the public right-of-way. (e) The names, mailing addresses, e-mail addresses, and telephone numbers of at least two persons who will be general, day-to-day contacts for the Right-of-Way User. At least one of the users must be within the city and shall be available at all times to act on behalf of the ROW user in the event of an emergency. The telephone numbers should be accessible without the city having to pay a long distance telephone or toll charge. (f) Proof of existing insurance that complies with the requirements in this Article. (g) Employee safety certification information. Sec. 49-39-7. Employee safety certification. The ROW user operating facilities or constructing facilities in any public right-of-way is responsible for the safe movement of pedestrian and vehicular traffic through the construction area. The ROW user shall obtain certification through a city approved training organization for a sufficient number of employees working within the right-of-way such that a certified employee is present at the mob site during construction activities. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. Alternative training programs may be submitted to the Director for city certification. Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, as evidenced by certification, shall place and maintain the traffic control devices in the construction area. Employee certificates shall be maintained current by ROW user at all times. An employee shall produce, upon request of an inspector or certified police officer, proof of a valid training certificate. Sec. 49-39-8. Reporting obligations. All ROW users shall provide on demand, proof of any necessary permit, license, certification, grant, registration, franchise agreement or any other authorization required by any governmental entity, including, but not limited to, the city, State or Federal Government, including a description of the ROW user's intended use of the right-of-way, information sufficient to determine whether the ROW user is submect to franchising or licensing by the city, and information to determine whether the ROW user has applied for and received any certificate of authority required by the PUC. The information provided shall be sufficient to determine that the ROW user has applied for and received any permit or other approvals required by the FCC. ROW users shall provide all such other information as may be reasonably required by the city to complete the registration statement. Sec. 49-39-9. Damage to and in Public Right-of-Way. (a) A person commits an offense for the following: (1) Construction, excavation, cut, opening, or any activity in, or along any public street, alley, sidewalk, driveway, public easement or any portion of the right-of-way without a valid permit, license, or agreement. (2) Failure to comply with restrictions or requirements of a permit, license, or agreement issued by the City of Corpus Christi. (3) Damaging a public street, alley, sidewalk, driveway, or any portion of the right-of- way beyond what is incidental or necessary to the permitted activity. (4) Damaging the public or private facilities in, on, or along any public street, alley, sidewalk, driveway, or any portion of the right-of-way. (b) It is a defense to prosecution under subsection (a)(4) if the person complied with all of the requirements with a permit, license or agreement, City and State law and caused damage because the facilities in question: (1) Were not shown or indicated in a construction plan, plan of record, record construction drawings, or field survey, or utility locate; and (2) Could not otherwise be discovered in public street, alley, sidewalk, driveway, or any portion of the right-of-way. (c) A person who violates the provision of this article is subject to a Non-Compliance Fee for each day or portion of a day during which the violation is committed, continued, authorized, directed, or permitted. (d) The Director has the authority to enforce violations under this section. Sec. 49-40-1. Permit required. It is unlawful for any person, its agents, servants or employees to excavate or cut in or under any street, alley, sidewalk, or driveway within the right-of-way for any purpose without first having made application and obtained a permit as required in this article. It is unlawful for any person, its agents, servants or employees to make or cause to be made any excavation in or under the surface of any right-of-way for the installation, repair or removal of any facilities, or for any other purpose without first obtaining from the Director a permit in compliance with this article. (a) Before issuing a permit, the Director shall have been provided a written application, on a form furnished by the Director, setting forth the name and residence or business address of the applicant; the location and approximate area of the excavation, including its approximate length and width, and, if the excavation is in a street, whether it is parallel or transverse to the direction of the travel lanes; and, the purpose of the excavation. The application form shall include plans prepared in accordance with city specifications. (b) At the time the permit is issued, the applicant shall pay a nonrefundable application fee in an amount as provided for in this article. (c) The proposed location, depth and other characteristics of any facilities for which the permit is issued shall be subject to approval of the director, and all backfilling, compaction and pavement restoration performed for any excavation shall comply with the requirements of this article. (d) No fee or requirement authorized or imposed pursuant to this article shall be construed to affect or alter in any way any obligation of public and private utilities with facilities installed in any right-of-way to relocate the facilities at no cost to the city, subject to state law, if applicable, in the event that relocation is required by the city to accommodate a proper governmental use of the right-of-way. (e) Combinations of permits shall be permitted at the discretion of the director. Fees shall be assessed based on the excavations permitted. (f) Subdivision monuments, historical markers, and any other signs or structures with foundations in the right-of-way, excluding billboards, are subject to this article. Sec. 49-40-2. Excavation permit application. Application for a permit shall be addressed to the Director and made on a form furnished for that purpose, stating the name, mailing address, email, and 24 hour emergency telephone number of the applicant and owner of the facility: extent, dimensions, character and purpose of the cut or excavation to be made; the location, by street and number, if possible, where the work is to be done; evidence of insurance as required in this Article; and the time in which it is to be completed. The application form shall be accompanied by the nonrefundable application fee, maps of the existing facilities in the area, to the extent available, and the location of the proposed facilities, methodology of construction; proposed start and completion dates. (a) Joint applications. Applicants may apply jointly for permits to excavate the right-of-way at the same time and place. Applicants who apply jointly for a right-of-way permit may share in the payment of the permit fee. Applicants must agree among themselves as to the portion each shall pay. The city will recognize only 1 point of contact. (b) Supplementary applications. A permit shall only be valid for the area of the right-of-way specified within the permit. No permittee may cause any work to be done outside the area specified in the permit, except as provided herein. Any permittee who determines that an area greater than that which is specified in the permit must be excavated must: (1) Make application for a permit extension and pay any additional fees required thereby; and (2) Receive a new right-of-way permit or permit extension. Permits will be issued or denied within 30 working days of application. Unless granted for a longer period, an excavation permit shall be valid for 60 days and for the dates specified in the permit. The applicant may request the permit be valid for such longer period as may be necessary in the circumstances, in advance, as part of the application. The city may approve or deny the application for such extended permit period. No permittee may commence work before the permit start date or, except as provided herein, may continue working after the end date. If a permittee does not complete the work by the permit end date, the permittee must apply for and may receive a new right-of-way permit or a permit extension for additional time. This supplementary application must be submitted to the city prior to the permit end date. An expedited permit may be requested and shall be issued within 10 working days of application upon a showing of good cause. Sec. 49-40-3. Issuance of permit. Every person making application for a permit in accordance with the provisions of this article and having complied with such provisions shall be entitled thereto, and, upon filing such application with the director, it shall be his duty to issue the permit, when the provisions of this article shall have been complied with. (a) Upon receiving a written application for an excavation permit and a plan prepared in accordance with city specifications, the director's designee shall set forth all requirements, approve or disapprove the application, sign and return it to the applicant. Excepting only emergency excavations, at least 1 working day prior to the start of work, the applicant shall telephone the city street maintenance division and request a permit number, informing the city the date the work will commence. A permit number shall then be assigned to the mob and a permit shall be sent to the applicant. (b) No permit shall be transferable. A permit shall be void unless the excavation to be made pursuant thereto is commenced within the time stated therein and the work diligently completed. (c) Each permit shall state a time period for completion of all the work to be done thereunder. The director may grant extensions of time. (d) No person in violation of any requirement of this article shall be issued an excavation permit, nor shall any contractor or agent apply for or be issued an excavation permit on the person's behalf, until the outstanding violation is corrected or a plan for correction is approved by the director. The foregoing requirement is in addition to any penalty or remedy for violation that may be imposed or sought by the city at law or equity. (e) No work shall be done under any permit issued under this article except as stated in the permit. If the permit is allowed to expire,the ROW user shall procure a new permit, paying the applicable fee therefor as before, before proceeding with any such work. Sec. 49-40-4. Excavation to be under supervision of the director. (a) Any ROW user engaged in making or backfilling any excavation in any right-of-way shall at all times while such work is in progress keep at the mob location the permit, or a copy thereof, and shall, on demand, exhibit the permit to the director or designee, or any police officer. (b) At all times while the work is in progress the ROW user shall also maintain at the iob location, traffic control devices installed in accordance with an approved traffic control plan, signs bearing the contractor's name, the name of the utility that is having facilities installed, maintained, repaired, replaced, and/or removed under, on, or above the ROW, contact information for both the contractor and utility, and a brief description of the permitted work. Employees and contractors of the ROW user engaged in carrying out the permitted work shall also have on their person a conspicuous identifier of the utility for whom permitted work is being performed. (c) The ROW user shall protect from damage, utility conduits, sewer conduits, water conduits, lawns, shrubbery, trees, fences, structures, or other property at, near or encountered during the course of work. The ROW user shall determine the boundary of the right-of-way. (d) All excavations and other construction in the streets shall be conducted so as to interfere as little as practicable with the use of rights-of-way and with the use of private property, in accordance with any lawful and reasonable direction given by or under the authority of the governing body of the city under the policy and regulatory powers of the city necessary to provide for public convenience. The ROW user shall reasonably protect from damage, utility facilities, sewer facilities, water facilities, lawns, shrubbery, trees, fences, structures, or other property encountered in his work. The ROW user shall not trespass upon private property. The ROW users shall determine the boundary between Public right-of-way and private property. (e) All transmission and distribution structures, lines, equipment and facilities erected by a ROW user within the city shall be so located as to cause minimum interference with the proper use of the public rights-of-way, and to cause minimum interference with the rights and reasonable convenience of property owners who moin any of the said streets. (f) The city reserves the right to lay, and allow to be laid, electricity, sewer, gas, water and other pipe lines or cables and facilities, as well as drainage pipes and channels and streets and to perform, and allow to be performed, any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the city, in, across, along, over or under any right-of-way or public place occupied by a ROW user and to change any curb or sidewalk or the grade of any street and to maintain all of the city's facilities. In allowing such work to be performed by others, the city shall not be liable to a ROW user for any damage caused by those persons or entities. Nothing herein shall relieve any third party from responsibility for damages caused to a ROW user by such third party. (g) If the city requires a ROW user to adapt or conform its facilities, or in any way or manner to alter, relocate or change its property to enable any other corporation or person, except the city, to use, or to use with greater convenience, any right-of-way or public place, the ROW user shall not be required to make any such changes until such other corporation or person shall have undertaken, with solvent bond, to reimburse a ROW user for any loss and expense which will be caused by, or arise out of such removal, change, adaptation, alteration, conformance or relocation of a ROW user's facilities; provided, however, that the city shall never be liable for such reimbursement. Sec. 49-40-5. Additional excavation permit. Subsequent to issuance of a permit, if it is necessary to excavate a larger area than originally estimated, the permittee shall at once pay to city the amount necessary to obtain the additional permit necessary. Sec. 49-40-6. Appeal. A right-of-way user that has been denied registration, has been denied a permit, has had a permit revoked, or believes that fees imposed are invalid, may have the denial, revocation, or fee imposition reviewed, upon written request as follows: (1) Appellant shall provide, within 5 days of denial, a written notice of appeal filed with the right-of-way manager of the Department. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The right-of-way manager shall provide a written decision within 5 days of receipt of the appeal. Failure to render a decision within 5 business days shall constitute a denial. (2) If a further denial is given, the appellant may thereafter file a written notice of appeal with the director within 5 days. The notice must state the alternatives available and routes explored, hardship encountered, cost comparison of other alternatives and a statement of any other significant factors. The director shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. (3) If a further denial is given, the appellant may thereafter file a written notice of appeal with the Assistant City Manager for the department within 5 business days of receipt of the director's written decision. The Assistant City Manager shall provide a written decision within 10 business days. Failure to render a decision within 10 days shall constitute a denial. Sec. 49-40-7. Denial of permit. A permit may be denied or suspended for any of the following reasons: (1) Failure to provide proof of a liability insurance acceptable to the city. (2) Failure to secure a contractor's license or other required license. (3) Failure to perform in accordance with the requirements of the IDM or in accordance with these provisions. (4) The excavation would be in a new street and not otherwise permitted by this article. (5) The proposed warning or other traffic control procedures or equipment do not comply with the requirements of the TMUTCD or the requirements of the director. (6) The proposed activity would violate a city ordinance or State or Federal statute. (7) The permit application contains false or misleading information. (8) The activity would cause a public health or safety hazard. (9) The ROW user is not authorized within the city. (10) The ROW user is in violation of this article relative to work in progress. DIVISION 2. TECHNICAL SPECIFICATIONS Sec. 49-41. Energy, electric, gas, water, and sewer standards. Technical standards for energy, electric, gas, water, sewer and storm sewer are defined in the IDM. Sec. 49-42. Compliance with safety regulations. The permittee and ROW user shall comply with all applicable federal, state and local safety regulations and requirements, including, by example and not limitation, the occupational safety and health standards for the construction industry. Sec. 49-43. Commencement and completion. After obtaining the permit and prior to commencing the work, the permittee shall notify the director, and shall commence and complete all work within the time specified in the permit unless an extension of time is granted by the director. Sec. 49-44. Safe conduct of work. Every permittee and ROW user shall prosecute its work diligently and in a good, safe, and workmanlike manner, and shall safeguard and protect the public using the street or right-of-way where the work is being performed from accidents or damage by placing barriers, lights and other sufficient safeguards around all cuts, openings, and excavations. All material, implements and tools stored upon the premises and used in connection with the excavation shall be stored in a safe and non-hazardous manner. All work must be performed only within the hours and days as set forth in the IDM and in accordance with the requirements of the permit. Work in residential areas may only occur during daylight hours. Certain commercial areas and hospital districts are subject to noise controls and other limitations. Details are available in the IDM and from the Department. Sec. 49-45. Emergency excavations. Nothing in this article shall be construed to prevent any person maintaining any pipe, conduit, or duct in or under any street, or right-of-way by virtue of any law, ordinance or permit, from making such excavation as may be necessary for compliance with law or for the preservation of life or property when the necessity arises, provided that the person making the excavation shall notify the director within 24 hours. Except as specifically provided otherwise in this article, excavations authorized by this section shall be subject to all fees and requirements of this article. Sec. 49-46-1. Traffic control safety. In the event of non-compliance with the TMUTCD, the ROW user shall be notified in writing of the violation. In the event of continued non-compliance, the director may revoke the permit, in addition to any other remedies available to the city. Sec. 49-46-2. Responsibility for signs, barricades and warning devices. The ROW user working in any right-of-way is responsible for the safe movement of traffic, both pedestrian and vehicular, through the construction area. The ROW user shall meet all requirements for barricading and traffic control as specified in the TMUTCD. (1) Only those individuals who are qualified by means of adequate training in safe traffic control practices and have a basic understanding of the principles established by applicable standards and regulations, including those in TMUTCD, may place and maintain the traffic control devices in a construction area. (2) The ROW user must either subcontract the barricading to a firm specializing in traffic control or submit the qualifications and name(s) of employees to the director for approval prior to the work commencing. They must also submit a traffic control plan for review. All signs and barricades must conform to the requirements of the TMUTCD. (3) All barricades, plates, and other traffic control equipment must conform to TMUTCD specifications and must be inspected and approved by the director if not provided by a traffic control firm. (4) All barricades, plates, and other traffic control equipment must display accurate and sufficient information including the name of the ROW user. (5) Non-compliance with the TMUTCD shall be cited in writing. In the event of non- compliance after citation, the director may place the necessary devices as required, and the ROW user shall pay all related charges. The ROW user shall reimburse the city for all such expenses as well as a non-compliance fee. Failure to comply with this provision may result in denial of application for future permits. (6) All traffic control devices must be removed immediately upon completion of work. Prior to commencement of any excavation, or any work relative to a permit, the ROW user shall install at the work site an informational sign in conformance with the requirements of the IDM. Sec. 49-46-3. Duty to barricade. At all times during construction activity, the contractor and/or ROW user, as applicable, shall place and maintain all necessary and proper barriers and other safeguards, including watchmen certified in accordance with the safety training described in this article, if necessary, upon and around the work for the prevention of accidents, and after daylight hours, shall place, maintain and keep suitable sufficient lights, in accordance with the TMUTCD. Sec. 49-46-4. Duties of persons making excavations or creating obstructions. Any person who shall cause to be made any excavation or obstruction in any street or right- of-way may not suffer the same to remain there beyond a time reasonably sufficient for the completion of the work and/or removal of the obstruction, and shall repair the subject portion of such street, or right-of-way so as to restore the same to its condition previous to the making of such cut or obstruction. It shall be the duty of such excavators to protect the area while such condition exists and promptly to repair the same so as to leave the street or right-of-way in as good condition as before the excavation. Sec. 49-47-1. Excavation in new or streets in good condition. The permittee shall complete pavement restoration of the excavated area within 30 days on arterial and collector streets and within 30 days on residential and alley streets after final backfill is completed and accepted by the director. The permittee shall conduct the work with a minimum disturbance to existing utilities and shall coordinate all work in or near the existing utilities with the utility owners. (a) Excavation in new asphalt pavement streets and alleys. There shall be no excavation in new streets, as defined in this article, without a variance from the director. Any request for a permit to excavate a new street shall include a description of the proposed work and proposed restoration of the area, per requirements by the Director or defined in the IDM, as well as a statement as to why alternate procedures cannot or should not be used in lieu of excavating a new street. (1) The width of restoration limits for excavations granted in new streets shall extend from curb to curb on any street. (2) Arterial and collector streets (0-2 Years). For excavations granted in new streets that are 2 years or less in age, the length of restoration shall extend from block to block. A minimum asphalt overlay of 2 inches shall be required. The age is measured from the date of acceptance by the city. (3) Arterial and collector streets (2-7 Years). For excavations granted in new streets between 2 and 7 years in age, the length of restoration shall extend a minimum of 25 feet beyond the outermost edge of excavation. A minimum asphalt overlay of 2 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (4) Residential streets and alleys (0-7 Years). For excavations granted in new streets or alleys that are 7 years or less in age, the length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. The age is measured from the date of acceptance by the city. A minimum asphalt overlay of 3 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (5) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (b) Permitted Excavation in streets and alleys. (1) A permit shall be granted in accordance with this article for streets and alleys with a pavement condition index less than 70 or greater than 7 years in age. The age is measured from the date of acceptance by the city. (2) Streets and alleys (> 7 years or PCI <70). The width of restoration limits shall be the full lane, at minimum. The length of restoration shall extend a minimum of 10 feet beyond the outermost edge of excavation. A minimum asphalt overlay of 3 inches shall be required. Trench requirements shall comply with the IDM, City standards, and specifications. (3) A permit holder shall perform jacking and boring operations in a manner that does not weaken or impair the right-of-way upon completion of restoration of the excavation. (4) Excavation in all streets in good condition regardless of age should not occur without prior approval of the director. Streets assigned a PCI of 70 or above by the pavement management system are deemed to be in good condition and are subject to the review procedures of excavation of new streets. (5) Restoration of the excavated area of streets in good condition shall be in accordance with this article. (6) The Director may require additional restoration limits, in addition to the minimum lengths defined in this article, for diagonal cuts or perpendicular cuts 10 feet or less apart. (c) Excavation in Portland Cement Concrete (PCC) pavement surface. If the existing pavement is PCC, the concrete shall be cut first with a saw to a minimum depth of half the thickness of the concrete which shall also cut the reinforcing steel. The concrete can then be broken out with an air chisel or pavement breaker. No more than 6 inches of PCC shall be broken back beneath the saw cut. Any street excavation/cut shall repair the impacted trench and replace full panels, at minimum. Further criteria is set forth in the IDM. The guidelines for lacking and boring are set forth in the IDM. Sec. 49-47-2. Variances/exemptions. A permittee or ROW user may request a variance from any of the requirements of this article by filing a written request with the director stating the requirement and the basis for the variance. Incomplete variance requests may be refected. The applicant shall bear its own expenses of the application process. (1) Any request for a variance from any right-of-way restoration requirement shall be made in writing in advance of any contemplated work and shall be accompanied by digitally formatted detailed plans of the substituted reconstruction and/or repair of the excavated area, if applicable. (2) Any request for an exemption from any penalty or fee other than as provided in this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted. (3) Any request for an exemption from any permit or any other requirement of this article shall be made in writing and shall be accompanied by a written detailed request stating the reasons why a variance or exemption should be granted (4) The Department shall grant or deny an application for a variance within 10 days of receipt of the application for variance. (5) Denial of the variance may be appealed in accordance with the appeal section of this article. Sec. 49-47-3. Exception for driveways, irrigation, sprinkler and residential purposes. This article shall not be applicable to excavations which are not in pavement and are solely for the purpose of creating a sprinkler system for 1 or more residential units, new or replacement driveway approaches, or curb repair on local, residential streets abutting a single-family residential zoning. Driveway approaches and curb repair on collector or arterial streets are not exempted from requirements of this article if excavation of the street is required for installation or repair. Denied permits may be appealed as set forth in this article. Sec. 49-48-1. Lawful use of right-of-way. (a) The use of the right-of-way in any manner which violates federal, state, or local laws, or city codes and regulations, including, without limitation, those relating to health, safety, noise, environmental protection, waste disposal and water and air quality, is prohibited. All permittees shall provide satisfactory evidence of compliance with the foregoing upon request of the city. (b) Permittee shall dispose of all material removed from the right-of-way and any waste created by permittee in compliance with all state, federal and local laws and requirements. (c) If a permittee discovers any contaminated, regulated, or hazardous materials in the right- of-way, permittee shall be responsible for environmental assessment, excavation, testing, transportation, and disposal of any such contaminated or regulated material in accordance with applicable law, or the permittee may elect to abandon the contaminated area of the right-of-way and reroute around the contaminated area. The permittee shall promptly notify the city in writing of the condition. Sec. 49-48-2. Tree trimming and graffiti abatement. Permission is granted to a ROW user, subject to the requirements of Chapter 53 Vision and Passage Obstructions, which may be amended from time to time, to trim trees upon and overhanging the public right-of-way, so as to prevent the branches of such trees from coming in contact with a ROW user's facilities. When so directed by the city, the tree trimming shall be done under the supervision and direction of the city. The city shall report damage or vandalism to the ROW user's facilities as soon as practicable after city discovers or learns of such event. The ROW user shall make the necessary repairs or restoration, including cleaning of graffiti, within 48 hours after the ROW user discovers or learns of any misuse, destruction, damage, or vandalism to its facilities. Sec. 49-48-3. Conformance with City Master Plans. A ROW user shall consult the city's master plans for transportation and utilities prior to the acquisition of any interest in real property in the city for the installation or relocation of service lines or other equipment or facilities along or adjacent to any street, right-of-way, thoroughfare, highway, or any proposed street, right-of-way, highway or thoroughfare to attempt to minimize any future conflict regarding the location of such facilities. All ROW users are charged at all times with constructive notice of the master plans subsequent to the effective date of the ordinance from which this article derives. The city shall have no liability for the value of or loss by a ROW user of any improvements constructed in the area shown in the master plan subsequent to the effective date of the ordinance from which this article derives. Sec. 49-48-4. Rights in the event of abandonment. In the event the city closes, vacates, abandons or conveys any right-of-way containing facilities of the ROW user, any such closure, vacation, abandonment or conveyance of land shall be subject to the rights of the ROW user. Sec. 49-48-5. Supervision by city of location of poles and conduits. All poles in the rights-of-way shall be of sound material and straight, and shall not interfere with the flow of water in any gutter or drain, and shall be placed so as not to unduly interfere with either vehicular nor pedestrian travel. The location and route of all conduits, fiber, cables, and utilities, and facilities placed and constructed by a ROW user in the construction and maintenance of its system in the city shall be subject to the reasonable and proper control, direction and approval of the city. Any "non-standard" placement of poles, stubs, guys and anchors is subject to all provisions of this article. Any "standard" placement of poles, stubs, guys, and anchors is exempt from this article. "Standard" is defined by the provisions of the IDM. Sec. 49-48-6. Attachments to poles. (a) Nothing shall obligate or restrict a ROW user from exercising its rights to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other wire-using companies authorized to operate within the city. (b) A ROW user shall utilize existing poles, conduits, and other facilities whenever reasonably and/or economically possible. Prior to the utilization of any right-of-way for the placement of any of its facilities, the ROW user shall make available to the director any utility pole usage agreement with each utility within the city currently owning poles, conduits, and other facilities, whose poles, conduits and facilities are to be used. (c) Where anticipated construction activities will involve service pole re-enforcement or replacement, network providers shall notify the city right-of-way manager before submitting application materials. Replacement pole must comply with Texas Department of Transportation specifications and standards, Texas Manual on Uniform Traffic Control Devices requirements, and applicable federal or state standards. Prior to construction, network provider shall agree that all re-enforced or replaced service poles will be owned by the city. Where a traffic signal pole is reinforced or replaced, the traffic signal must remain operational throughout construction, and if necessary, network provider must provide a temporary signal trailer or other temporary pole during construction. Sec. 49-48-7. Temporary rearrangement of aerial wires. The ROW user shall rearrange its transmission media temporarily as necessary to permit the moving of houses or other bulky structures. The requesting parties shall pay the reasonable and necessary expense of such temporary rearrangements. The ROW user may require payment in advance. The ROW user shall be given not less than 5 days advance notice to arrange for such temporary rearrangements. The ROW user shall remove its transmission media in connection with the demolition of unsafe structures, including emergency or ordered demolitions at no cost to the city. The ROW user may invoice third parties for the cost of this work where applicable. Sec. 49-49-1. Backfill of excavated area. (a) Open trenches may be temporarily backfilled for the convenience of the permittee or the Public safety. At least 48 hours prior to beginning permanent backfill operations, the permittee shall notify the director of the time the backfill will begin. (b) All excess water and mud shall be removed from the trench prior to backfilling. Any backfill placed during a rainy period or at other times, where excess water cannot be prevented from entering the trench, will be considered temporary and shall be removed as soon as weather permits. All disturbed base material or any base that has been undermined shall be removed and discarded. The new roadway base material shall be a minimum depth of 6 inches asphalt treated base or other approved roadway base material, as detailed in the IDM. Sec. 49-49-2. Restoration of pavement. Unless otherwise specified in the permit, restoration of the asphalt pavement of any street, alley right-of-way or other public place shall be performed by the permittee or by the city, upon request by the permittee. Nothing in this section shall relieve the ROW user from the responsibility to maintain the excavation or installation in a safe condition until it is repaved by city or otherwise restored. In addition to all other applicable fees or charges, if the ROW user or permittee making the excavation requests repaving by the city, the ROW user shall pay for repaving at a rate to be established by the city. (1) No trench shall be opened in any street for the purpose of laying pipes, conduits or ducts more than 400 feet in advance of the pipe, conduit or ducts being placed in the trench, other than with the prior written consent of the director. (2) All excavations shall comply with the standards and requirements established from time to time by the director for compaction, backfill and pavement restoration. (3) Any excavated pavement, debris and other rubble shall be removed, together with any surplus material, within 1 working day from the time such material is placed upon the street. After backfilling is completed, and prior to repaving the cut, the ROW user shall remove all loose paving material and trim the edges of the excavation at the street surface to the satisfaction of the director. (4) Whenever any caving occurs in the sidewalls of any excavation, the pavements above such caving shall be cut away, trench backfilled and pavement restored in accordance with the IDM. In no case shall any side or lateral tamping fill any void under a pavement. Sec. 49-49-3. Excavation specifications. All excavations shall be made in accordance with plans submitted with the permit application and in accordance with specifications set forth in the IDM. All plans shall be prepared in accordance with all city specifications and the IDM. All excavations shall be repaired in such a way so as not to become depressed, cracked, broken, or in any way fail during the remaining "life of the street." The remaining "life of the street" for this purpose shall be until the PCI index drops to below 70 or until the subject area is repaved by the city or other entity. Additional specifications may be contained in the IDM. Sec. 49-50. Cleanup of right-of-way. In every case and at all times, the work of removing from the right-of-way all obstructions, surplus materials, debris and waste matter of every description caused by and accumulated from the excavation shall be the responsibility of the ROW user. Streets shall be cleaned by use of a regenerative air or vacuum street sweeper. The ROW user shall clean the surrounding area, as outlined above, within 1 day upon completion and approval of all trench work and pavement restoration unless the director, in the director's sole discretion, grants an extension of time. Sec. 49-51-1. Substandard repair of pavement or right-of-way. In case the pavement or the surface of the street, alley, or right-of-way in, over or near any excavation should become depressed, cracked, or broken any time or fails in any way at any time after the excavation has been made and during the remaining life of the street, the ROW user shall comply with any applicable obligations of this article, including, without limitation, reimbursement to city of the cost to restore the street or right-of-way. Sec. 49-51-2. Failure to complete work within specified time. In the event any work governed by this article is not completed by the ROW user within the time required or in accordance within the specifications required herein or by the director, the director may cause such work to be performed as is necessary to secure the work area to a safe and passable condition. The ROW user shall reimburse the city for the costs of securing the site. Sec. 49-52. Permanent pavement repairs. All permanent pavement repairs shall be made under 1 of the following methods: (1) Permanent pavement repairs by city. If the city is to make the permanent pavement repairs, the ROW user shall maintain the excavated area for a period of 2 weeks after acceptance by the director. After the two-week period, the city will be responsible for maintaining the excavated area until final restoration is made. Backfill failures shall remain the responsibility of the ROW user. The ROW user shall reimburse the city for all costs of any backfill failure before and/or after permanent pavement repair. (2) Permanent pavement repairs by ROW user. If the ROW user is authorized to make permanent pavement repairs, the ROW user will maintain the excavated area until permanent pavement restoration of the excavated area is complete. The ROW user shall make final repairs within 30 days on arterial and collector streets and within 30 days on residential, local and alley streets after the director makes final inspection. Backfill failures shall remain the responsibility of the ROW user. Sec. 49-53-1. Inspection. The permittee shall make the work-site accessible to the city, and others as authorized by law, for inspection at all reasonable times during performance of the work. Sec. 49-53-2. Materials testing. The Department may require testing of materials used in construction in or near the right-of- way to determine conformance to required specifications, including, but not limited to, compaction tests on backfill materials, subgrade, aggregate base course, Portland concrete (rigid pavement), asphaltic concrete (flexible pavement) and other construction materials as deemed necessary by the Department. Sec. 49-54-1. Cease work. At any time, the director may order the immediate cessation of any work which poses a threat to the health, safety or well being of the public. The director may revoke the permit of any permittee in any instance where there is a threat to the health, safety or well being of the public. Sec. 49-54-2. Requirements. The director may issue a written notice to the permittee indicating work that does not conform to the terms of the permit, applicable standards, conditions, or codes, or other applicable regulation. Within 10 days after issuance of written notice, the permittee shall present proof to the director that the violation has been corrected. If such proof has not been presented within the required time, the director may revoke the permit. If the repairs are not timely made, the director shall at once make or cause the repairs to be made at the expense of the permittee. Sec. 49-54-3. Reporting. When the work under any permit hereunder is completed, the permittee shall furnish the director a completion certificate. Sec. 49-54-4. Revocation of permit. The city reserves its right, as provided herein, to revoke any permits, without refund of the permit fee, in the event of a breach by the permittee of the terms and/or conditions of the permit or of this article or any city ordinance. A breach of the terms of the permit shall include, but not be limited to the following: (1) The violation of any provision of the permit; (2) An evasion or attempt to evade any provision of the permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the city or its citizens; (3) Any material misrepresentation of any fact in the permit application; (4) The failure to meet insurance, surety bond, or indemnification requirements; (5) The failure to complete the work in a timely manner; (6) The failure to correct a condition indicated on an order issued pursuant to this article; (7) Repeated traffic control violations; (8) Failure to repair facilities damaged in the right-of-way; or (9) Violation of any part of this article. If the director determines that the permittee has committed a breach of any law or condition of the right-of-way permit, the director shall make a written demand upon the permittee to remedy such violation. Continued violation may be cause for revocation of the permit, or legal action, or both.The director may revoke the permit, provide specifications to cure the breach, or both.Within 5 calendar days of receiving notification of the breach, permittee shall contact the director with a plan, acceptable to the director, for correction of the breach. Permittee's failure to do so or permittee's failure to timely implement the approved plan shall be cause for revocation of the permit. Sec. 49-54-5. Work done without a permit. No cut, excavation, grading or disturbing of the right-of-way in any way shall be made other than excavations necessary for emergency work without first securing a permit. No person or ROW user shall at any time open or encumber more of the right-of-way than shall be reasonably necessary to complete a project in the most expeditious manner. Sec. 49-54-6. Right-of-way restoration requirements. The work to be done pursuant to the permit and any repair and subsequent restoration of the right-of-way must be completed within the dates specified in the permit. In the event of circumstances beyond the control of the permittee or when work is prohibited by unseasonable or unreasonable conditions, the director may extend the dates on receipt of a substantiated supplementary application, including the nonrefundable application fee established pursuant to this article and indicating the number of additional days needed for final completion, for a permit extension. All earth, materials, sidewalks, paving, crossing, or improvements of any kind which are owned or possessed by city and damaged, disturbed, or removed by a ROW user shall be fully repaired promptly by the ROW user at its sole expense, to the reasonable satisfaction of the director. (1) After any excavation, the ROW user shall, at its expense, restore the right-of-way, trench envelope, pavement structure and the surrounding area, to the same or better condition than it was prior to the excavation. The restoration shall be made in accordance with specifications set forth in the IDM and the repair shall endure without failure for the remaining life of the street, as such period is described in this article. (2) In the event the ROW user fails to restore the right-of-way in the manner and to the condition required herein, or fails to satisfactorily and timely complete all restoration, the city may, at its option, serve written notice upon the ROW user that, unless within 5 days after serving of such notice a satisfactory arrangement can be made for the proper restoration of the right-of-way by the ROW user, the city may take over the work and prosecute same to completion, by contract or otherwise, at the expense of the ROW user, and the ROW user and its surety shall be liable to the city for any and all cost incurred by the city by reason of such prosecution and completion, including, without limitation, the applicable public inconvenience penalty. Nothing contained herein shall limit any other remedies available to the city. (3) If any excavation cannot be back-filled immediately, the ROW user shall securely and adequately cover the excavation and maintain proper barricades, safety fencing and/or lights as required, from the time of the opening of the excavation until the excavation is surfaced and opened for travel. (4) In all right-of-way restoration, the ROW user guarantees its work and shall maintain it for the remaining life of the street following completion of the restoration. During the period following completion, the ROW user shall, in the event of any failure of the restoration, upon notification from the director, reimburse the city for pavement restoration costs. Additionally, the ROW user, in the event of such failure, shall, within 48 hours of notice from the city, repair the subject trench envelope. (5) All repairs, for streets or right-of-way of any PCI, are guaranteed by the excavator making the repair, and the excavator causing the repair to be made, for the "life of the street."The "life of the street" for these purposes is defined to be until such time as that certain street or right-of-way is repaved by the city or another, in the same location as the excavation, or until such time as the PCI index of such street or right-of-way drops to below 70. (6) The "life of the street" guarantee period shall be applicable to failure of the pavement surface as well as failure of the trench envelope. Notwithstanding remediation of the pavement structure by city, the ROW user retains repair responsibility at all times during the guaranty period for the trench envelope. (7) Excavations in streets and/or right-of-way on arterials and collectors with PCI values of 70 or higher and less than 2 years of age shall be deemed 100 percent loss of pavement life. These excavations require i) Block to block and curb to curb pavement reconstruction, ii) Use of a hot mix asphalt repaving process, or iii) Such other method of repair as the director approves, for all cuts. Specifications are available in the IDM. (8) A right-of-way user whose work is completed by the city shall, on completion of the work and according to the certified bill of the cost thereof to be prepared by the director, pay to the city, on its order, the amount of the certified bill as reimbursement for such work. Sec. 49-54-7. Excavations not in accordance with permit declared unlawful. (1) It shall be unlawful for any person to make, cause or allow to be made, any excavation, or to install, cause or allow to be installed any tank, pipe, conduit, duct, tunnel, utility pole or other utility or appliance in or under the surface of any street, alley, sidewalk, right-of-way or other public place, at any location, other than that described in the application for the permit and as shown on the plans filed with the director, and in accordance with the requirements of the permit. If the circumstances appearing after the excavation is commenced make it impossible to comply with the permit, the director may grant a waiver to take the circumstances into account. (2) Failure to comply with requirements set forth in the article or on any permit shall be cause for revocation of the subject permit and of any other permits held by the same permittee until the violations have been corrected or the director has approved alternative requirements. Sec. 49-54-8. Removal and reconstruction where work defective. All construction work in the streets, right-of-way, sidewalks and public places of the city is declared to be subject to the exclusive control of the city, and whenever, in the opinion of the director, any such work shall not have been duly completed within a reasonable time or shall have been executed in a defective manner, whether because of bad workmanship or materials or because not true to the lines or grades or specifications therefor given to him by the director, then upon written demand or notice from the director, such ROW user or contractor shall promptly remedy, complete or remove and reconstruct such incomplete or defective work all as the director may require, and these provisions shall also apply to all repair and maintenance work. If the contractor or ROW user shall fail or refuse to do so within a reasonable time to be specified by the director, then, if the director shall so order, such work shall be completed or corrected or removed and wholly or partially reconstructed by the city, in such manner as in the opinion of the director may be necessary to make such work as good as originally required, and such work may be done by contract or otherwise, under the direction of the director. Sec. 49-55-1. Location and relocation of facilities. Subject to applicable federal, state, and local law, the ROW user shall, upon the request of the city, locate and/or relocate its facilities situated within any right-of-way, at no expense to the city, where reasonable and necessary to accommodate street construction, widening, or public improvement projects of the city. When relocation is necessitated by federal government requirements, and includes reimbursements, the city will reimburse applicant for its proportionate share from funds provided the city in such reimbursements. Sec. 49-55-2. Pre-excavation facilities location. The ROW user shall contact the One Call Center(811), so long as that center is in existence and utilized by the city, or such other center at the time utilized by city, at least 48 hours prior to excavation. The ROW user shall protect and support all utility facilities during construction. The ROW user shall also contact the City of Corpus Christi per regulations provided in the IDM. Sec. 49-55-3. Relocation of facilities for city. In the event the city finds it necessary to move a ROW user's equipment to protect it, city shall notify the local representative of the ROW user. ROW user shall promptly move or facilitate the relocation of the subject facilities at ROW user's expense. Relocation must comply with Chapter 49, Article VIII. - Management of Rights-of-Way. Sec. 49-55-4. Right-of-way vacation and reservation of right. In the event of vacation of a right-of-way requiring the relocation of facilities, the ROW user being relocated shall pay the costs of the relocation where the ROW user does not own an easement or other real property interest. Sec. 49-55-5. Abandoned facilities. A ROW user owning abandoned facilities in the right-of-way shall: (1) Remove its facilities and repair, at its expense, any damage caused by the removal. The director may allow some or all facilities to remain if the director determines same is in the best interest of the public to do so; or (2) Provide information satisfactory to the city that the ROW user's obligations for its facilities in the right-of-way have been lawfully assumed by another authorized ROW user. (3) Abandonment must comply with Chapter 49, Article VIII. - Management of Rights-of- Way. Sec. 49-55-6. Routing and spatial assignment. The city reserves the right, in the permit or otherwise, to restrict or determine the route (pathway) and/or spatial location, whether horizontal, vertical or depth, of any facility and/or structure or improvement in the right-of-way. DIVISION 3. COSTS, FEES AND ENFORCEMENT Sec. 49-57-1. Fees. (a) Right-of-way (ROW operator registration fee. There is a fee of $45.00 per right-of-way user per year for processing registration information, which fee will be collected upon registration. (b) Permit application fee. There is a permit application fee of $95.00 for each right-of-way application. Permits shall be issued or denied within 30 business days of complete application submittal. The fee is paid by an applicant upon application. The fee includes 1 inspection. (c) Emergency permit application fee. There is a permit application fee of $145.00 for emergency or expedited permits. The fee is paid by an applicant upon application. The fee includes 1 inspection. (d) Planned right-of-way(ROW) fee. Excavations in city right-of-way are subject to the ROW operator fee, permit application fee, and daily fee planned right-of-way fee per day per project permit. The planned right-of-way fee shall be subject to a tier rate that is based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. (1) Tier 1: $60.00 per day, anticipated number of days to complete work zero to 60 days. (2) Tier 2: $90.00 per day; anticipated number of days to complete work 61 to 120 days. (3) Tier 3: $120.00 per day: anticipated number of days to complete work 121 to 180 days. (4) Tier 4: $150.00 per day; anticipated number of days to complete work greater than 180 days. (e) Barricade fees. Closure of city streets to install or repair sidewalks or driveway approaches, perform work above ground, closure or right-of-way abutting buildings, and activity that does require a street excavation, cut or bore shall be assessed on a per square foot of closure per day $0.0629. The fee is paid by an applicant prior to permit issuance. (f) Parking meter removal or bagging fee. There is a one-time fee for each parking meter removed or temporarily bagged of$28.50. The fee is paid by an applicant prior to permit issuance. (g) Re-inspection fee. A re-inspection fee of$75.00 per hour shall be assessed if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of$100.00 per hour after business hours, on weekends, and holidays. The fee is paid by an applicant prior to inspection. (h) Non-compliance fee. A fee of$1,500.00 per day shall be assessed to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. The fee shall be paid within timeframe provided on notice from the city. (i) Traffic plan review fee. Review of construction plans as part of a private development shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $204.00 for developments less than 1 acre. (2) Level 2: $256.00 for developments between 1 and 5 acres. (3) Level 3: $459.00 for developments greater than 5 acres. (j) Traffic study fee. Review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed and paid by an applicant upon application based on the following tier system: (1) Level 1: $400.00 for developments less than 1 acre. (2) Level 2: $700.00 for developments between 1 and 5 acres. (3) Level 3: $900.00 for developments greater than 5 acres. Sec. 49-57-2. Penalty for violation of this article. Each violation of this article shall be punishable by a payment of the Non-Compliance Fee. Each day during which a violation continues shall be deemed a separate violation of this article. Any fees that are collected pursuant to this section shall be paid prior to permit issuance or continuation of work after notice of violation. Sec. 49-57-3. Clean up costs. The ROW user shall maintain the area on and around the excavation and related work in a clean, safe and orderly fashion at all times during conduct of the excavation and shall clean the same area upon completion of work. DIVISION 4. INDEMNIFICATION, INSURANCE, BONDING, AND LIABILITY Sec. 49-58-1. Liability of right-of-way user. The right-of-way user shall be liable to the city for any damage or loss occasioned by any act or omission occurring in connection with the excavation or construction, and subject to state law, the ROW user shall FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND CITY, its officers and employees from and against any and all suits, actions, judgments, losses, costs, demands, claims, expenses (including attorney's fees), damages, and liabilities of every kind to which the city, its officers or employees may be subjected for injury of any type, death or property damage arising from or connected with any such act or omission. City shall promptly notify a permittee, or ROW user, at the address set forth in the permit, or last known address, of any claim or suit served upon the city and alleging negligent or wrongful conduct by the permittee or ROW user in connection with an excavation. Sec. 49-58-2. Insurance. (a) Right-of-way users shall furnish an original completed certificate of insurance or the city's standard certificate of insurance form to the city's public works department, which shall be completed by an agent authorized to bind the named underwriter(s) and their company to the coverage, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. The original certificate(s) or form must have the agent's original signature, including the signer's company affiliation, title and phone number. The city shall have no duty to pay or perform under this article until such certificate shall have been delivered to the city's public works Department, and no officer or employee, other than the city's risk manager, shall have authority to waive this requirement. (b) The city reserves the right to review the insurance requirements of this section to modify insurance coverage and their limits when deemed necessary and prudent by the city's risk manager based upon changes in statutory law, court decisions, or circumstances surrounding this article, but in no instance will the city allow modification whereupon the city may incur increased risk. (c) Subject to the right-of-way user's right to maintain reasonable deductibles in such amounts as are approved by the city, right-of-way users shall obtain and maintain in full force and effect for the duration of the permit, and any extension thereof, and/or duration of time it maintains facilities in the public right-of-way, at the right-of-way user's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and acceptable to the city. (d) For joint applications and permits, the coverage required in this section may be provided by a policy jointly covering all of the applicants or by separate proofs of coverage for each applicant or permittee. (e) The city shall be entitled, upon request and without expense, to receive copies of the policies and all endorsements thereto as they apply to the limits required by the city, and may make a reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy revisions are established by law or regulation binding upon either of the parties hereto or the underwriter of an such policies). Upon such request by the city, the rights-of-way user shall exercise reasonable effort to accomplish such changes in policy coverage, and shall pay the cost thereof. (f) Right-of-way users shall ensure that all insurance contracts and certificate(s) of insurance contain the following required provisions: (1) Name the city and its officers, employees, volunteers, agents, and elected representatives as additional insureds with respect to the operations and activities of, or on behalf of,the named insured performed in the right-of-way under provision of this article, with the exception of the professional liability, workers'compensation and liability policy; and (2) Right-of-way user's insurance shall be deemed primary with respect to any insurance or self-insurance carried by the city: and (3) Provide for an endorsement that the"other insurance" clause shall not apply to the city where the city is an additional insured shown on the policy; and (4) Workers' compensation and employers' liability will provide for a waiver of subrogation in favor of the city. (g) Right-of-way user shall notify the city in the event of any notice of cancellation, non- renewal or material change in coverage and shall give such notices not less than 30 days prior to the change or 10 days notice for cancellation due to non-payment of premiums, which notice must be accompanied by a replacement certificate of insurance. (h) Nothing herein contained shall be construed as limiting in any way the extent to which the right-of-way user may be held responsible for payments of damages to persons or Property resulting from the right-of-way user's or its subcontractors' performance of the work performed in the public right-of-way. (i) The city owned utilities and facilities shall not be required to provide the insurance specified herein. (j) With respect to the right-of-way user's obligation to comply with the requirements for Commercial General (public) Liability Insurance coverage to include pollution coverage, the city may allow the right-of-way user to self-insure upon annual production of evidence that is satisfactory to the city's risk manager. With respect to the right-of-way user's obligation to comply with the requirements for automobile liability insurance and for workers'compensation insurance, a right-of-way user may self-insure, provided the right- of-way user tenders satisfactory evidence of self-insurance as contemplated by the State motor vehicle financial responsibility law, Tex. Transp. Code 601.124, and the Texas Workers' Compensation Act, Tex. Labor Code 407.001 et seg.h) DIVISION 5. CERTIFICATED TELECOMMUNICATION PROVIDERS Sec. 49-59-1. Certificated telecommunications providers authority required/non-exclusive use. A CTP must provide evidence that the CTP has acquired authorization from the Texas Public Utility Commission pursuant to state law, prior to obtaining a permit to use public rights-of-way. The CTP's right to use and occupy the public rights-of-way shall not be exclusive and CTP recognizes the city's right to exercise its police powers and manage its public rights-of-wav, based on the Act and all other State or Federal laws. Sec. 49-59-2. Additional authority required. The CTP and any of its affiliates are not authorized to provide cable television service as a cable operator or to operate an open video system in the city but must first obtain a separate franchise agreement from the city for that purpose, under such terms and conditions as may be required by law. This section does not preclude the CTP from providing its services to cable television companies. Unless a cable television operator shows proof of appropriate city authorization, nothing herein shall authorize the CTP to license, sublicense, lease, sublease or by any instrument authorize any cable television operator the right to use or utilize the transmission media or facilities of the CTP. Sec. 49-59-3. Transfer and notice. A CTP shall notify the director and the city's supervisor of public utilities of any sale, transfer, merger or assignment of the ownership or control of a CTP's business within at least thirty (30) days of such sale, transfer, merger or assignment. A CTP shall also maintain and provide current point-of-contact information with the director and the city's supervisor of public utilities at all times during which the CTP uses the right-of-way. Sec. 49-59-4. Exemption from fees. Certificated telecommunications providers are exempted from the following fees provided for in this article: (1) Permit application fee, including expedited application fee, and permit expiration fee. (2) Additional excavation permit fee. (3) Inspection fee. Sec. 49-59-5. CTP indemnity. A CTP shall indemnify the city as specified by 283.057 of the Texas Local Government Code, as may be amended. A CTP shall be exempt from all indemnity requirements of this article that are inconsistent with & 283.057." SECTION 4. City Code of Ordinances, Chapter 53 Traffic, Article VI Standing and Parking, Division 4 Parking Meters is revised to repeal Section 53-195 as it conflicts with Chapter 49 Article III of the City Code. nnn c�rn�i�n �r re n.�ir of buildings GLBR Y;;' hi icir\ecc diGtFin4 Oho FeIIe\A/INIY nrened ire and nhaFges shall applyi . . A AAA . . CI Inh effiners er emele"ees of+he ni+" decimated by the ni+" manager, men+hh, rJllra+ieR he"eRr! erre (1) MG—P+h %.AAt-QR the right of way creno ne"ererl II rler+he �n,hinh +he foot have peen paid the nit" Will refs Rd a ger+inn of thea fees paid +e never a The nit"Will refs Rd +e the applineP+ erg a daily basic far+he rel lumber of days the ar.r! that.+he_rIe- area rye ether rmay mean+s dl le-+hle nit" �+ p� h. We F 1pd-s �p all be mai„ ;d-e ISI DTIIthe nnnl pored pa Ge is totallyl' Cleared 11 TTGIR remelianne ;n,i+h +he nenrJi+inns Set in the eermi+ nn � /n�f this sestOeRf thisi-7e ar�r! Iena+leN of+he ster OR rela+ierP +e aT;TYR earby, ir,-rr ariz-arrcrTvaacrvrrvrcrn. acct,SII rrcr��crvrrcv �cc rnnrJi+inn If the elanemen+ of a diImester at a seenifin Iona+inn Will area+e an d Ir PGter OR the right of wa" 1 I Fight and left edges, GG asm IP at least twe (2) tFaffiG GGReG (tWeRty eight (29) ORGhes height) With twe (2 d-S G-f FeileGtide Sheet!Rg shall be Placed_ in frnn+ of eanh enrJ of the �rrRv�Tc-vrcavrrcnuvrcrn. mpser�vrhmile nrnrisree v+ ccz . meas)Irervmerm+ of the d--- mps+er (4)Thec-prcpeFt„y GWRer A—F rcrac�6l�MI-I'St si,lAbrmrrFta stet-QM e�lt fr A-Mr n,e,ner�nf t h t-Q adjE)!Rine ereeer+"that emcee+s +e the elanemen+ of+he !'II Imester in free+ of the GWReF1 remises the weight of a fl III !'II Imesfor �n,ill evr-J neethe narr"ine naeani+" of the r� dFiveway why/ i4 is ilm l-�rb ntin�l fere\/er srn/e hArrNless the nits/ from aRy nlaimc relatiRg to the elaneMeNt of the me 'N -street right of rig/ I ISINe a ferrN rieereyed by the ni4�/ a44erNe�/ rrr�S�er�rr� acrc c cTlgn c-vr=v"vca�aan cczr�crr��rcy-«ccrnTrc� the ni4y as ap rip amel IN4 the l•liren4er of safety and risL as FeqHred�sestieN 17-15 Af^4ho GGdtQ opf�QrdiRaRGec (77) Th `1 eFty l�7PT7.e ^�vv1T F;_;Gt�7F mHsJt-a9Tee 1e y the nr•tG of�e� iriN �TTy 6l'� pl e F'1 eRt Gf the d l If'� MPSterl INnlINPY b I+ RE mMited tG1 damage te thistreeS 1 (Q�)The PFE)PeFty GWRer e�T rcracBC pays the-FeglHiFed fees harved- A_.Arthe fnllnW!Rg snhel•ll Ile• a /Aeelin;tieN foo of forty dellers ($44Q), Whinh iNnll Il•les 4ho first cL-Q'.AeR (7) days nark at a Speeifinmv-aQarervis. The applGatiG rfee I Ist bea. paid With the ieFis mRg appliGatiGR. r»rLiRg creno is enol Idiot' by a d mpster ever the first seVeN (7) days D7YLiRg fees ml Ist he paid OR ad-VaNne 1 plenemeNt of d MPSters OR the right_ef_way a. File eek limi�N t�istreet;n/here the rlI Impster Will he planed �� �m-rr rr acrc c civ-rTcn. crn�-aTrrpvc ci�vrrr�c�raccc. bn/e hl INl•lred thirty/ (23Q) feet of the IN+ersen+leN the flI Im rester I d. etT#der-aYspesial FHIe,.s�-apply to the��t+ee-sehashet#er: I -her{ 16}�., no_�n,a�,ttQ�+ti/-+1� �/� /fir I-tl 4 "FIyATT-F A ';;F ';; 16 G hh GOTLGTn e, GT �. I-t� ^"ted APa ni ir"o er iN thL rMrWLQ of ni.I dLQ 5;;;r, A Tho rJicc+riNne frLgm +he Nerirec+ m+ercen+keN f. T--i--dsteA r--e fes. t-Q A eaTest dFiv ay �. met#er�t ;AVi11 limit amass teCdFiP ,e TR the ^r,r,^s+te Cid-A „f 7 C+r��+ n. %.4het#er the l^^at+e.p has s and gatteFsGF Gpep dFaiRageditGh hefere they ee iN+e effen+ ' , i n MaRHal GRn hGHFG rr + m fere ci inh peFmi+ is re"eLed ' te Cz6rre6rSamebervrcaacm�cnrrrc-i v--i cacrcca. (e) At least feFty eight (49) heHFs advapr-e Aptir-ta shall he pFevided te the depaFtmei# decigRated by the pity maRager hefere iss Imre of Permit Sec. 53-195. Reserved." SECTION 5. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary ZERO o600zi?• ................................ CORPUS CHRISTI Public Works Department Chapter 49 & 53 Ordinance Amendments: Right-of-Way Management and Street (Utility) Excavations City Council Presentation January 9, 2023 @' PURPOSE UPDATES TO CITY POLICIES RELATED TO MANAGEMENT OF RIGHT-OF-WAY ➢ Chapter 49 - Streets, Sidewalk, Curb & Gutter, and Driveway Construction • Right-of-Way Management (Permitted Activities) • Street (Utility) Cut Requirements ➢ Chapter 53 - Performing Work in City Right-of-Way (ROW) • Repeal Sec. 53-195 (Conflicts w/Recommended Revisions in Chapter 49) z HISTORY RIGHT -OF -WAY (ROW) MANAGEMENT ORDINANCES "ADMINISTRATION" ➢ Chapter 49 - Streets, Sidewalk, Curb & Gutter, and Driveway Construction • Permission to make Improvements — Director of Engineering & Physical Development • Permission to Build, Construct, Repair Sidewalks - Director of Engineering & Physical Development • Permission to Perform a Street Cut/Excavation — Director of Development Services • Driveway, Sidewalk, Curb & Gutter Permits — Director of Development Services • Oversized Loads, Haul Routes, Small Cells —Director of Development Services 3 ♦1 HISTORY STREET (UTILITY) CUT "POLICIES" ➢ Newly Constructed Streets • Permit prohibited on "New" Streets (Variance Required) ✓ 5 Years (Local) & 7 Years (Arterial & Collector) ✓ PCI> 85 ➢ Restoration Requirements • New - Variance Required, Restoration Limits per Director • Permitted Streets ✓ Parallel Cuts - Full Lane ✓ Perpendicular Cuts- 12 ft ✓ Full Panel on Concrete 4 FINDINGS Cuts/Patches on NEW Streets , r Ocean Drive - District 2 FINDINGS �• Cuts/Patches on NEW Streets z s w �s s ""`" ' - Laguna Shores- District 4 Aquarius St - District 4 6 P FINDINGS �• 77 Cuts/Patches on Streets Lipes Blvd - District 5 Peachtree St- District 1 _ Simon St - District 3 7 GOALS PROTECT PUBLIC & CITY STREET INVESTMENTS ➢ Update Definition of "New" Street ➢ Update Street Repair Specifications ➢ Reduce Street Infrastructure Damage ➢ Increase Safety & Convenience for the Traveling Public ➢ Designate Director & Department of Public Works to Administer Policies RECOMMENDATIONS �• EXISTING PROPOSED "NEW"STREET •0-5 YRS(Residential Street or Alley) •0-7 YRS(Any Street) -0-7 YRS(Collector&Arterial) •PCI>70 DEFINITION •PCI>85 •Perpendicular:Trench+12-ft Anv Street Classification >7 Yrs or PCI<70): Parallel:Trench+Full Lane •3"Overlay(min); •New Streets:Variance&Subject to Director Special Conditions •Width:Full Lane; •Length:10-ft(min)beyond outermost edge of excavation. Arterial&Collector Street 2-7 Yrs or PCI >70): •3"Overlay(min); RESTORATION -Curb to Curb;- REQUIREMENTS urb;REQUIREMENTS -Length:25-ft(min)beyond outermost edge of excavation. (ASPHALT) Arterial&Collector Street 0-2 Yrs: -2"Overlay(min); •Curb to Curb;Block to Block. Residential Street 0-7 Yrs): •Min.3"overlay; •Curb to Curb; •Length:10-ft(min)beyond outermost edge of excavation. RESTORATION Full Concrete Panel(Min)* REQUIREMENTS Full Concrete Panel Mininuan allows for adjustments for Cordinuously Reinforced CONCRETE oncrete Pavement(CRCP) 9 RECOMMENDATIONS NEW STREET WORK REQUIREMENTS: Collector &Arterial Streets ( 0 - 2 Yrs or PCI > 70): Curb to Curb, Block to Block m � �I �I 1+�1 EXISTING TRAVEL LANES VJiI PCR— '*1 „ '� r —PCR PCH T I }a. J t MIQ PdINT OF — / ,i.,1 .�/ r",'- MI@ PONT OF-:�- PCR CURB,IFETFuaN i / i _ CURS OETURN PCR A STREET A -----------I----- - --- ----------- PCR- MI@ 1JI.Iq d! MIO PpIIINY AP PCR GWRB YILTGRN L`Ua.iiG'A'FJRN A p'R : PCR mI & NEW AUJAGENT PAVEMENT' pppl TRAVEL LANE pl M I�- RECOMMENDATIONS NEW STREET WORK REQUIREMENTS: Collector &Arterial Streets ( 0 - 2 Yrs or PCI > 70): Curb to Curb, Block to Block L W LUI 4EI �I HI PCR— PtR 4 I r PCR PGR ff" r 1 I \ MIP PINT DF f A,� f• / f f �, POINT I If PGR CFiR6*BTBIRN F>. j• !�f /�i 1 / / l cUHR ReTURH PCR STREET A 1 PCR f ----L--- -' -- -- ----J-----C�—` I S'i'REE'B A PCR, r M16 1` 11NT OF -PGR PCk EHIIf R TINT or PCR OUN®YETUPtN�-� --y I:a111R IGTPJRN Z r I I L Lu 11 RECOMMENDATIONS �► NEW STREET WORK REQUIREMENTS: Collector & Arterial Streets ( 2- 7 Yrs or PCI > 70): Curb to Curb, 25 -FT Beyond Edge of Excavation 25'�{ �25� CURB,SHOULDER OR MEDIAN EXTENT OF EXCAVATION LANE LINE CURB,SHOULDER OR MEDIAN EXTENT PAVEMENT REPAIR 12 RECOMMENDATIONS �► NEW STREET WORK REQUIREMENTS: Residential Street (0 - 7 Yrs or PCI > 70): Curb to Curb, 10 -FT Beyond Edge of Excavation CURB.SHOULDER OR MEDIAN EXTENT OF EXCAVATION LANE LINE CURB.SHOULDER OR MEDIAN EXTENT PAVEMENT REPAIR 13 RECOMMENDATIONS "PERMITTED" STREET WORK REQUIREMENTS: Any Street ( > 7 Yrs or PCI < 70): Full lane (min) CURB,SHOULDER OR MEDUW EXTENT OF EXCAVATION LANE LINE CURB,SHOULDER OR MEDIAN EXTENT PAVEMENT REPAIR 14 RECOMMENDATIONS Oii APPROVE ORDINANCE AMENDMENTS AS PRESENTED ➢ Section 49.20 - Designate Department of Public Works to Administer Permit. ➢ Section 49.30 - Designate Department of Public Works to Administer Permit. ➢ Chapter 49 Streets and Sidewalks, Article III Cuts and Excavations - Repeal &Replace w/Amended Procedures &Policies to Work in ROW. ➢ Section 53.195 - Repeal (Conflicts w/Chapter 49). ➢ This item was initially presented to the City Council for consideration on December 5, 2023. The item was tabled to address questions raised by Councilman Gil Hernandez to both staff and legal involving the appeal process, as proposed, in the ordinance. The Department of Public Works did meet with and noted recommendations presented by Councilman Hernandez which were to include language that requires either City Council or a Council approved board to serve as the last step in an appeals process. However, City staff recommends the original language proposed. This language is consistent with approved practices exercised in at least eight other major Texas cities that allows administration of right-of-way permits and regulations, which include street excavations and appeals, with the Director and/or City official authorized to perform those duties. 15 Cit of Corpus Christi 1201 Leopard Street Y p Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday, December 12,2023 11:30 A%rpus Christi Regional Transportation Authority, 602 N. Staples St., 2nd Floor Board Room (Rm.210) Addendums may be added on Friday. A. Mayor Pro Tem Suckley to call the meeting to order. Mayor Pro Tem Suckley called the meeting to order at 11:33 a.m. B. Invocation to be given by Father Thomas Bartz, St. Nicholas Greek Orthodox Church. Father Thomas Bartz, St. Nicholas Greek Orthodox Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Zachary Tarske, Junior at Harold T. Branch Academy. Zachary Tarske, Junior at Harold T. Branch Academy, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Note: Council Member Barrera arrived at 12:18 p.m. Mayor Guajardo arrived at 1:21 p.m. and left at 1:55 p.m. Council Member Roy left at 12:20 p.m. Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. SECURITY BRIEFING City Secretary Rebecca Huerta provided a security briefing. F. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1-4) 1. 23-2006 Staff Announcement: Kimberly Miller, Assistant Director of Aviation City of Corpus Christi Page 1 Printed on 11312024 City Council Meeting Minutes December 12,2023 City Manager Peter Zanoni introduced the new Assistant Director of Aviation Kimberly Miller. Ms. Miller has 27 years of administrative experience, including three years of experience as the Finance Manager with the Corpus Christi International Airport. 2. 23-1934 Airport Progress Update, Presented by Kevin Smith, Director of Aviation Department Director of Aviation Kevin Smith presented information on the following topics: key performance indicators; key project spotlights; hangar demolition; run the runway; and TXU rebate. Council Members, City Manager Zanoni, and Director Smith discussed the following topics: there is currently no update on new airlines; and Council Members commended staff for their great work in reducing energy costs. 3. 23-1935 Marina Progress Update, Presented by Jonathan Atwood, Marina Manager Marina Manager Jonathan Atwood presented information on the following topics: marina total project cost; new Coopers L Head Boater facility and parking lot resurfacing; haul out facility and marina office; Peoples Boardwalk; and marina project timeline. Council Members and Marina Manager Atwood discussed the following topics: this facility will provide restrooms for the public and tenants who keep boats on the marina, along with a meeting space; and what kind of winds will the roof withstand. 4. 23-1963 FY 2023 4th Quarter Budget Report and Budget Initiative Update City Manager Peter Zanoni presented information on the following topics: presentation overview; FY 2023 year end timeline; FY 2023 general fund revenues; FY 2023 general fund expenses; general fund balance; FY 2023 budget initiatives (all funds); HOT tax revenue; water fund revenues and expenses; wastewater fund revenue and expenses; FY 2023 projected fund balances; Capital Improvement Program; summary; and next steps. Council Members and City Manager Zanoni discussed the following topics: a budget retreat will be held for Council to give policy goal direction; a concern about some of the fund balances; and staff will propose to Council to consider cash funding or pay as you go funding infrastructure for some new Corpus Christi Water projects. G. PUBLIC COMMENT Mayor Pro Tem Suckley opened public comment. Kimberly Ballenger, 8205 Radial Court, asked Council Members to consider her appointment to the Ethics Commission. Carrie Meyer, 4401 Gulfbreeze Blvd., expressed concern about the renovation project being permitted on North Beach. City of Corpus Christi Page 2 Printed on 11312024 City Council Meeting Minutes December 12,2023 The following citizens expressed concern about the new Library Board appointees: Catherine Cox, 4600 Ocean Dr., Mina Williams, 141 Naples St., Venice Scheurich, 5001 Calallen Dr., and Tim Dowling, 8017 Villefranche Dr. John Weber, 609 Naples St., spoke about transparency. Rachel Caballero, 522 Hancock Ave., spoke in opposition to Item 7. James Gill, 302 Catalina Place, spoke about water conservation. Maggie Peacock, 1773 Ennis Joslin Rd., spoke about the People's Assembly that took place over the weekend. Victoria Holland, 235 Ohio Ave., commended City Council for their efforts in moving the City forward. Lamont Taylor, 522 Hancock, spoke in support of Item 31. Adam Rios, 7301 Tangled Ridge Court, spoke about the Turtle Bay gathering. Dan Davidson, 15641 Cruiser St., expressed concern about the new Library Board appointees and about the dog park on the island. Jose Mendez, 5817 Crestford Dr., expressed concern about whether Sherrill Park is a memorial or industrial park. Jesse Lopez, 6813 Old Square Dr., spoke in support of appointing Kimberly Ballenger to the Ethics Commission. Cathy Fulton, Port Aransas, TX and Charles Boone, 468 Sunset, expressed concern about the Port of Corpus Christi appointee. H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 23-1908 Committee for Persons with Disabilities (1 vacancy) Corpus Christi Aquifer Storage and Recovery Conservation District (4 vacancies) Ethics Commission (1 vacancy) Watershore and Beach Advisory Committee (5 vacancies) Mayor Guajardo referred to Item 5. Committee for Persons with Disabilities: A majority of the Council present and voting were in support of a candidate. The minimum number of votes required for approval, however, was not met. Therefore, the Council agreed to postpone the item until the January 9, 2024 council meeting. City of Corpus Christi Page 3 Printed on 11312024 City Council Meeting Minutes December 12,2023 Corpus Christi Aquifer Storage and Recovery Conservation District: Appointed: Dan McGinn (Director of Planning), Andrew Molly (Interim COO), Tyler Miller (Deputy Director of Airport), and Nick Winkelmann (Assistant Director of Corpus Christi Water) Ethics Commission: A majority of the Council present and voting were in support of a candidate. The minimum number of votes required for approval, however, was not met. Therefore, the Council agreed to postpone the item until the January 9, 2024 council meeting. Watershore and Beach Advisory Committee: Reappointed: Philip J. Blackmar (Engineer), Ruben Macias Jr. (At-Large), and Harrison A. McNeil (Environmentalist) Appointed: Kathryn Hyatt (CVB Member) and Rachel M. Pittman (At-Large) I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 6 -19) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 10 and 18 were pulled for individual consideration. Council Member Pusley moved to approve the consent agenda with the exception of Items 10 and 18, seconded by Council Member Campos. The motion carried by the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 1 - Council Member Roy Abstained: 0 6. 23-2004 Approval of the December 5, 2023 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 7. 23-1936 Ordinance authorizing the purchase of 4909 Kostoryz Road and 3115 McArdle Road from Ifergan Michel, LLC. for Fire Station 8 Replacement Project in an amount up to $290,000.00 and authorizing the use of the power of eminent domain, if needed, to acquire the property. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 4 Printed on 11312024 City Council Meeting Minutes December 12,2023 Enactment No: 033237 8. 23-1724 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on November 7, 2017, to extend the contract term to November 7, 2024, and to increase City Participation by $185,887.26 for a total not to exceed $393,274.11 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 7, located south of Yorktown Boulevard and east of Cimarron Boulevard; and amending the operating budget by transferring $185,887.26 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033238 9. 23-1726 Ordinance authorizing an amendment to the Participation Agreement with MPM Development, L.P., originally executed on December 7, 2018, to extend the contract term to December 6, 2024, and to increase City Participation by $167,107.72 for a total not to exceed $352,113.09 for the construction of Oso Parkway for residential development, Royal Creek Estates Unit 8, located south of Yorktown Boulevard and east of Cimarron Boulevard.; and amending the operating budget by transferring $167,107.72 from the Public Works (Street) Fund to the Development Services Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033239 10. 23-1923 Ordinance authorizing an option to sale contract with TG 110 Inc. for the sale of a 3.47-acre parcel of surplus land located at or near 2212 Morris Street in Council District 1; and authorizing the related sale and conveyance of the 3.47-acre parcel of surplus land located at or near 2212 Morris Street to the TG 110 Inc. for$10 and development of affordable housing. Mayor Pro Tem Suckley referred to Item 10. Council Member Hernandez asked to pull this Item to vote no. There were no comments from the Council. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 5- Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Klein Nay: 1 - Council Member Hernandez Absent: 3- Mayor Guajardo, Council Member Roy and Council Member Campos Abstained: 0 City of Corpus Christi Page 5 Printed on 11312024 City Council Meeting Minutes December 12,2023 Enactment No: 033240 Consent- Contracts and Procurement 11. 23-1893 Motion authorizing execution of a three-year service agreement with U.S. TelePacific Corp, dba TPx Communications, of Austin, for$206,150.00 for internet circuit services, with FY 2024 funding of$57,455.50 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2023-179 12. 23-1874 Resolution authorizing the acquisition of 70 vehicles and equipment by various departments, of which 64 units will be outright purchases and six units will be lease-purchases through JPMorgan, for$6,103,079.31, with such items to be acquired in the manner, at the amounts, and from the sources stated, with FY 2024 funding of$3,889,322.63 and the remaining balance of $2,213,756.68 for the lease-purchase items to be funded through the annual budget process. This Resolution was passed on the consent agenda. Enactment No: 033241 13. 23-1876 Motion authorizing execution of Addendum No. 12 to the master service agreement with MCCi, LLC, of Tallahassee, Florida, for Laserfiche support, maintenance, and services for a three-year term and future auto-renewable terms possible, in an amount not to exceed $364,184.87, with FY 2024 funding of$115,522.56 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2023-180 14. 23-1902 Motion authorizing execution of a five-year rental agreement with UBEO, LLC of Pharr, Texas, with an office in Corpus Christi, in an amount not to exceed $2,078,478.00, through the DIR Cooperative, for the lease of Ricoh copiers to be utilized by various City departments, with FY2024 funding in the amount of $311,771.70 from various funds. This Motion was passed on the consent agenda. Enactment No: M2023-181 15. 23-1937 Motion authorizing the execution of a one-year supply agreement with two additional one-year options, with Core & Main, LP., of Corpus Christi, Texas, to purchase service saddle taps for the Corpus Christi Water Department in an amount up to $146,240.00, with a total potential amount up to $438,720.00 if the two additional option years are exercised, with FY2024 funding in the amount of$146,240.00 available through the Water Fund. City of Corpus Christi Page 6 Printed on 11312024 City Council Meeting Minutes December 12,2023 This Motion was passed on the consent agenda. Enactment No: M2023-182 Consent- Capital Projects General Consent Items 16. 23-1941 Resolution authorizing a one-year agreement with two additional one-year options with Coastal Bend Air Quality Partnership for an Air Quality Programs Agreement to address issues related to air quality in an amount of$25,000 annually with funding for FY2024 from the General Fund Budget. This Resolution was passed on the consent agenda. Enactment No: 033242 Consent-First Reading Ordinances 17. 23-1953 One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $285,914.93 with LSK Development, LLC to construct a 12-inch water arterial transmission grid main line for the proposed residential development located off Cimarron Blvd, also known as Queen's Crossing Unit 2 Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $285,914.93 to reimburse the developer in accordance with the agreement. (District 5). This Ordinance was passed on emergency on the consent agenda. Enactment No: 033243 18. 23-1901 Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Pro Tem Suckley referred to Item 18. Director of Development Services Al Raymond presented information on the following topic: zoning and land use. Mayor Pro Tem Suckley opened the public hearing. There were no comments from the Council or the public. Mayor Pro Tem Suckley closed the public hearing. Council Member Hunter moved to approve the ordinance, seconded by Council City of Corpus Christi Page 7 Printed on 11312024 City Council Meeting Minutes December 12,2023 Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 19. 23-1695 Ordinance authorizing execution of Amendment#1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. This Ordinance was passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:55 p.m. Executive Session Item 32 was held during the lunch recess. Mayor Pro Tem Suckley reconvened the meeting at 3:06 p.m. L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 20-281 20. 23-1898 Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. Mayor Guajardo referred to Item 20. Council Members thanked the City of Kingsville, Kleberg County, the Port of Corpus Christi, and Type B representatives for their support. Mayor Guajardo opened public comment. Kresten Cook, 4718 Mars Hill Dr., Executive Director of South Texas Military Task Force, spoke in support of this project. City of Corpus Christi Page 8 Printed on 11312024 City Council Meeting Minutes December 12,2023 Mark McLaughlin, 3535 Santa Fe St., City Manager of Kingsville, TX, spoke in support of this project. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 1 - Council Member Roy Abstained: 0 21. 23-1880 A Resolution of the City Council of the City of Corpus Christi, Texas; Approving and Authorizing the Execution of a Development Agreement Relating to the Whitecap Public Improvement District No. 1; and Resolving Other Matters Related thereto. Mayor Pro Tem Suckley referred to Item 21. Mayor Pro Tem Suckley opened public comment. There were no comments from the Council or the public. Mayor Pro Tem Suckley closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Klein. This Resolution was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: 033244 22. 23-1911 Motion authorizing amendment No. 3 to the professional services contract with Pape-Dawson Engineers, Inc of San Antonio, Texas, to conduct additional meetings with the Capital Improvement Advisory Committee (CIAC), Planning Commission, and City Council, in the amount of $190,100.00 for a total amount not to exceed $3,943,700.00 and extending contract end date to December 31, 2024, with FY 2024 funding available in the Development Services and Corpus Christi Water. Mayor Pro Tem Suckley referred to Item 22. City of Corpus Christi Page 9 Printed on 11312024 City Council Meeting Minutes December 12,2023 Director of Development Services Al Raymond presented information on the following topics: cost increase and time extension with Pape-Dawson Engineers, Inc; contract breakdown; time extension; and staff recommends approval. Mayor Pro Tem Suckley opened public comment. There were no comments from the Council or the public. Mayor Pro Tem Suckley 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: Aye: 6- Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: M2023-183 23. 23-1925 One-reading ordinance annexing a 19.41-acre section of County Road (CR) 22 located between CR 51 and CR 43; annexing approximately 84.368 acres of land per owner petition near the southwest corner of CR 22 and CR 49 and rezoning 82.89 of the 84.368 acres from the "FR" Farm Rural District to the "RS-22" Single-Family 22 District; and annexing 80.00 acres of land per owner petition at the southwest corner of CR 22 and CR 49 and rezoning the 80.00 acres from the "FR" Farm Rural District to the "RS-15" Single-Family 15 District; providing for a penalty not to exceed $2,000 and publication; and approving related service plans. Mayor Pro Tem Suckley referred to Item 23. Director of Planning and Community Development Dan McGinn presented information on the following topics: annexation: 4-mile portion of CR 22 ROW; annexation petitions; 2023 annexation schedule; background; London Ranch Estates; Charlotte Estates; fiscal impact analysis-general fund London Ranch Estates; fiscal impact analysis-general fund Charlotte Estates; and staffs recommendation. Council Members, Director McGinn, and Director of Development Services Al Raymond discussed the following topics: the applicant would like the reimbursement agreement approved before the end of the year to provide to their lender; a Council Member's concern about the City losing revenue by not allowing development to move forward, but is not in support of this annexation because it does not follow Council policy; discussion of the steps the developers have taken to remedy the situation; and frustration about having an unclear, long process and not receiving responses from the county in a timely manner. City of Corpus Christi Page 10 Printed on 11312024 City Council Meeting Minutes December 12,2023 Mayor Pro Tem Suckley opened public comment. Moses Mostaghasi, 8017 Bar Le Doc, stated that this development should comply with City standards and processes. Linda Mikulencak of LM&JM Investments, LLC, expressed the importance about getting water services to this property, and the timeline of activities over the past three years to get water service. John Bell, 13750 Primavera, representing Charlotte Estates, spoke in support of this annexation because completing this annexation before the end of the year is a benefit to the City. Mayor Pro Tem Suckley closed public comment. Council Member Hernandez moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on emergency and approved with the following vote: Aye: 5- Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Campos Nay: 2- Council Member Barrera and Council Member Klein Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: 033245 24. 23-1952 One-reading ordinance authorizing a Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement up to $1,486,159.43 with LM & JM Investments, LLC to construct a 12-inch water arterial transmission grid main line for the proposed development located off CR 22 and CR 49, also known as London Ranch Estates Subdivision; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $1,486,159.43 to reimburse the developer in accordance with the agreement. (District 3). Mayor Pro Tem Suckley referred to Item 24. Director of Development Services Al Raymond presented information on the following topic: trust fund balance as of October 31, 2023. A Council Member and Director Raymond discussed the following topic: concern that developers who have completed their projects should receive their reimbursement prior to the projects that have not been completed; and this could be possible if the UDC is amended. Council Member Pusley moved to amend the ordinance as follows: Amend Sections 1 through 4 of the Ordinance to add the following statement to the end of each section: City of Corpus Christi Page 11 Printed on 11312024 City Council Meeting Minutes December 12,2023 ", subject to the City's addition of the aforesaid 12-inch water line to the City's Water Transmission Master Plan" and add, at the end of the ordinance, that the effective date of the action will be after amendment of the aforementioned master plan, seconded by Council Member Hernandez and approved with the following vote: Council Members Barrera, Campos, Hernandez, Hunter, Pusley, and Suckley voting "Aye", Council Member Klein voting "No", and Council Member Roy and Mayor Guajardo, absent. Council Member Pusley moved to approve the ordinance as amended, seconded by Council Member Hernandez. This Ordinance was passed on emergency as amended and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Campos Nay: 1 - Council Member Klein Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: 033246 25. 23-1889 Resolution authorizing an agreement with City of CC SSN-705 Submarine Memorial, Inc for placement and maintenance of the "USS City of Corpus Christi" Submarine Sail at Sherrill Veterans Memorial Park. Mayor Pro Tem Suckley referred to Item 25. Council Members and Director of Parks and Recreation Robert Dodd discussed the following topics: Council Members congratulated the Sea Turtles for their work; and a Council Member's request to include in the contract to allow selling pavers or benches at the park to assist with maintenance costs. Mayor Pro Tem Suckley opened public comment. There were no comments from the public. Mayor Pro Tem Suckley closed public comment. Council Member Hunter moved to approve the resolution, seconded by Council Member Campos. This Resolution was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: 033247 City of Corpus Christi Page 12 Printed on 11312024 City Council Meeting Minutes December 12,2023 26. 23-1903 Motion awarding a construction contract to Clark Pipeline Services, LLC., Corpus Christi, Texas, for the Ship Channel Waterline and Gas Line Crossing Rebid project implemented as a part of the Port of Corpus Christi Ship Channel widening and deepening, with Port of Corpus Christi reimbursing 50% of the project cost, located in Council District 1, in an amount of $11,926,133.40, with FY 2024 funding available from the Water and Gas Capital Fund. Mayor Pro Tem Suckley referred to Item 26. Mayor Pro Tem Suckley opened public comment. There were no comments from the Council or the public. Mayor Pro Tem Suckley closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 5- Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Klein Nay: 1 - Council Member Campos Absent: 3- Mayor Guajardo, Council Member Hernandez and Council Member Roy Abstained: 0 Enactment No: M2023-184 27. 23-1921 Motion awarding a construction contract to Anderson Columbia Co., Inc., of Corpus Christi, Texas, in an amount not to exceed $13,452,000.00 with the option to renew for one additional year to be administratively authorized for a total amount not to exceed $26,904,000.00 for the resurfacing of arterial/collector streets as planned in the FY 2024 Rapid Pavement Program located city-wide with funding available through Street Fund, Storm Water, Wastewater, Water and Gas Capital Funds. Mayor Pro Tem Suckley referred to Item 27. Mayor Pro Tem Suckley opened public comment. There were no comments from the public. Mayor Pro Tem Suckley closed public comment. Council Members, City Manager Peter Zanoni, and Director of Public Works Ernesto De La Garza discussed the following topics: the Rapid Pavement Program applies to both arterial/collector and residential streets in order to expedite street repairs; a request for a breakdown of funding for arterial/collector and residential streets through the Rapid Pavement Program or for reconstruction; and in the new year, there will be City of Corpus Christi Page 13 Printed on 11312024 City Council Meeting Minutes December 12,2023 five contractors working on residential street repairs. Council Member Hunter moved to approve the motion, seconded by Council Member Pusley. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: M2023-185 28. 23-1895 Resolution requesting the transfer of Leopard Street (IH-37 Frontage Road to Water Street) from the Texas Department of Transportation to the City of Corpus Christi, located in City Council District 1. Mayor Pro Tem Suckley referred to Item 28. Mayor Pro Tem Suckley opened public comment. There were no comments from the public. Mayor Pro Tem Suckley closed public comment. A Council Member, City Manager Peter Zanoni, and Director of Public Works Ernesto De La Garza discussed the following topic: this item is to allow the transfer of the jurisdiction, control, and maintenance of Leopard Street from TxDOT to the City. Council Member Barrera moved to approve the resolution, seconded by Council Member Campos. This Resolution was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 Enactment No: 033248 N. BRIEFINGS: (ITEMS 29-30) 29. 23-1972 Briefing on the City's Raw Water and Treated Water Contracts. Mayor Pro Tem Suckley referred to Item 29. Interim Chief Operating Officer of Corpus Christi Water (COO) Drew Molly presented information on the following topics: purpose of presentation; wholesale water contract overview; wholesale water supply contract types; wholesale raw water customers; and City of Corpus Christi Page 14 Printed on 11312024 City Council Meeting Minutes December 12,2023 wholesale treated water customers. Council Members, City Manager Peter Zanoni, Interim COO Molly, Water Resource Manager Esteban Ramos, and Assistant Director of Support Services Reba George discussed the following topics: what is the City's cost for raw water from all water sources; a request for the true-up total per 1,000 gallons; how are raising water rates determined; and there is no stated end date for these contracts. 30. 23-1959 Briefing on the Request for Interest for Development near the Former Lamar Elementary Site & Nearby Neighborhood Parcels Mayor Pro Tem Suckley referred to Item 30. Director of Planning and Community Development Dan McGinn presented information on the following topics: site location; background; RFI parcels; variety of housing; and next steps. Council Members, City Manager Zanoni, and Director McGinn discussed the following topics: the City's goal is to put these lots into production for affordable housing; staff recommends using multiple developers to obtain as many units as possible; and a Council Member commended staff for their effort with this project. O. APPEALS OF A DECISION OF THE BUILDING STANDARDS BOARD: (ITEM 31) 31. 23-1962 23-1962 Appeal of the Building Standards Board's order to demolish dilapidated/substandard structure located at 1214'/2-20 N. Staples Street owned by Priscilla Tryon Cambric (Appellant presentation limited to 3 minutes) Mayor Pro Tem Suckley referred to Item 31. Priscilla Tryon Cambric, 2814 Rogers St., stated that she purchased this property at 1214 1/2-20 N. Staples Street 20 years ago as an investment, and would like to have it restored as a historical landmark. Matt Manning, counsel for Priscilla Tryon Cambric, is asking the Council to reconsider the Building Standards Board's (BSB) order to demolish the property at 1214 1/2-20 N. Staples Street. Ms. Cambric had a survey and inspection completed, along with constructing a fence. This building adds cultural value to the City and does not impact other properties. Council Members, Mr. Manning, and Ms. Cambric discussed the following topics: a Council Member's concern that this building will be a challenge and very costly to restore; and concerns that this building has been vacant since 2013. City Attorney Miles Risley stated that this building will be a challenge to rehabilitate, and staff recommends to sustain the Building Standards Board's order. City of Corpus Christi Page 15 Printed on 11312024 City Council Meeting Minutes December 12,2023 Assistant Director of Development Services and Code Enforcement Tracey Cantu stated that this building is a danger to the public; a perimeter fence has not been completed; and no progress on repairs has occurred in the 17 month this case has been open. Council Member Pusley moved to approve the Building Standards Board's order, seconded by Council Member Hernandez. A majority of the Council present and voting were in support of the resolution. The minimum number of votes required for approval, however, was not met. Therefore, the Council agreed to postpone the item until the January 9, 2024 council meeting. Council Member Hernandez moved to postpone this resolution until January 9, 2024, seconded by Council Member Pusley and passed unanimously. Aye: 4- Council Member Barrera, Council Member Hernandez, Council Member Pusley and Council Member Suckley Nay: 3- Council Member Hunter, Council Member Klein and Council Member Campos Absent: 2- Mayor Guajardo and Council Member Roy Abstained: 0 P. EXECUTIVE SESSION: (32) Mayor Guajardo referred to Executive Session Item 32. The Council went into Executive Session at 1:55 p.m. The Council returned from Executive Session at 3:06 p.m. 32. 23-2007 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 Texas Public Information Act, Texas Government Code §§ 552.001, 552.003, and 552.233, and other open government and archival obligations of Texas law This E-Session Item was discussed in executive session. Q. ADJOURNMENT There being no further business, Mayor Pro Tem Suckley adjourned this meeting at 6:06 p.m. City of Corpus Christi Page 16 Printed on 11312024 SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of Dec. 12, 2023 xss2 Second Reading for the City Council Meeting of Jan. 9, 2024 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development of Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 10329 Kingsbury Drive CAPTION: Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family 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 the construction of a single-family detached structure. BACKGROUND AND FINDINGS: The subject property is a 0.86-acre, vacant and undeveloped, lot out of the Hill Country Estates subdivision three-quarters of a mile south of Leopard Street and McKinzie Road in the Northwest Area. It is located at the southeast corner of McKinzie Road and Kingsbury Drive and is the remaining undeveloped lot of the subdivision and block. Historical data shows that the land subdivided into Hill Country Estates in 2014 was rezoned from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District in 2007 while the 1961 Corpus Christi Zoning Ordinance 6106 was in effect. The subject property is within the "CN-1" District (1 .08 acres in size) of the subdivision that notches into the "RS-TF" Two-Family District. The 1961 ordinance, then, permitted detached and attached single-family structures. The property to the north of the subject property is zoned "RS-TF" Two-Family District with low-density residential use. The adjacent property to the east is zoned "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District with a low-density residential use. The property to the south is zoned "CN-1" Neighborhood Commercial District and "RM-3" Multi-Family District with residential estate use. The subject parcel is bounded by an A2 class arterial road, McKinzie Road, to the west; Kingsbury Drive, a local residential street, to the north; and a proposed C1 class collector, Haven Drive, along the rear property line. Further west is the 59.43 acre tract occupied by Tuloso Midway High School and zoned "RS-6" Single-Family 6 District. The abutting "RS-TF" Two-Family district enclave features lots that are two-thirds of an acre with the smallest home being 2,302 square feet. The applicant is requesting an amendment to the existing zoning district to accommodate a single-family detached structure. A Land Development review of the subject property for a building permit revealed that the property while appearing to be for single-family use, is zoned "CN-1" Neighborhood Commercial District. Residential development within the "CN-1" Neighborhood Commercial District is limited to townhome and multi-family developments. The "CN-1" Office District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 SF in gross floor area. The proposed rezoning is consistent with many elements and goals of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), the ADP was adopted nearly 23 years ago. Public Input Process Number of Notices Mailed: 9 were mailed within the 200-foot notification area, and 2 outside the notification area. As of December 8, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. ALTERNATIVES: None. 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 "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District on October 18, 2023. Vote Results For: 8 Against: 0 Absent: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1023-03, Steve and Lacey Avalos (District 1). Ordinance rezoning property at or near 10329 Kingsbury Drive from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family 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 Lot 4, Block 3, Country Hill Estates, as shown in Exhibit "A", from: the "CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District. The subject property is located at or near 10329 Kingsbury Drive. Exhibit A, a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 EXHIBIT A RS-TF KINGS[URY DR C,- 1 RS-6 I� SUBJECT RS- TF H o PROPERTY HAVEN DR RA*-3, CASE: 1023-03 N SUBJECT PROPERTY WITH ZONING ® s _ Subject Property A-1 Apartment House Di1h 1 I-0 Dmite d lntlus[rial District A-1A A parmem House Distri ct -2 ❑ghtl""trial District A-2 Apartmcnt House District I-3 Heavy In dusts-al District A[3 Purie--alOr—District PUD Planned Unit Development AT Apadmerd-TouristDistrict R-IA oneFamily o—longoisn;i,t SUBJ \ at NeighbomoodEusneasDistrict R-1 OneFamilyowemngDistrict PROPERTY &1A N1, hbomooae in Qstnot R-tc One F ly D-11 Ingo mlct &2 Eaytmnt Bus o-iD R-z M lrpl l] II gl]st t G ria. ', 6arr'er lsl zoite Diatdrx RA 0 Family D II gD'stict x &3 Eusn.cD4 t RE Rit,d-n.1Etzt Ds[_D B4 General Business District R-TH Townhouse DweIlingD trlct &6Primary Eusness Di strict SP special Permit P, Prim DE u3iness Core Dista TTA Travel Trailer Park District ED Comuc Chacti Eeeeh Design DiD. T-1 Manurwutd Hnme Pad:Disn;et City of Esri,HERE.. - F-R Fay Rumi Distdt r-iC Manor mo d Hnme sutdinision Corpus LOCATION MAP HC Hlstcdca2Cultural Landmark District Ctlfi$tl P—e—ties Page 3 of 3 ZONING REPORT Case 1023-03 Applicant & Subject Property District: 1 Owners: Steve Avalos and Lacey Avalos Applicants: Steve Avalos and Lacey Avalos Address: 10329 Kingsbury Drive; south of Leopard Street, and at the southwest corner of McKinzie Road and Kingsbury Drive. Refer to attachment (A) Existing Zoning and Notice Area Map. Legal Description: Lot 4, Block 3, Hill Country Estates Acreage of Subject Property: 0.86 acre Pre-Submission Meeting: August 30, 2023 Zoning Request From: "CN-1" Neighborhood Commercial District To: "RS-TF" Two-Family District Purpose of Request: To allow for the construction of a single-family detached structure. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Vacant Medium-Density Residential Commercial North "RS-TF" Two-Family Low-Density Residential Medium-Density Residential (Hill Country Estates) "CN-1" Neighborhood South Commercial, Residential Estate Medium-Density Residential "RM-3" Multi-Family District "CN-1" Neighborhood Low-Density Residential East Commercial, (Hill Country Estates) Medium-Density Residential "RS-TF" Two-Family "ROW" (McKinzie Road), West "RS-6" Single-Family 6 Public/Semi-Public Use, "ROW" (McKinzie Road), Government (Tuloso Midway H.S.) Plat Status: The subject property is platted (Plat map Volume 68, Page 183, MRNCT). Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing "A2„ 4 Lanes, 4 Lanes, McKinzie Road 100 feet, 100 feet, Secondary Arterial (Median/Turning With a Median and Turning Divided Lane Required) Lane Designation Section Proposed Section Existing Kingsbury Drive 1 Lane, 1 Lane, Local Residential 50 feet, 60 Feet, (Including parking) (Including parking) Designation Section Proposed Section Existing Haven Drive "C1" Minor Residential 2 Lanes, Collector 60 feet Not built Transit: The Corpus Christi RTA provides service to the subject property via Route 27 Leopard at McKinzie Road and Leopard Street with stops for the northbound and eastbound directions. Bicycle Mobility Plan: The subject property is approximately 800 feet south of a proposed off-road multi-use trail along the drainage ditch north of the subject property and Tuloso Midway High School; connecting to a planned infrastructure along and across Leopard Street, and along Violet Road. Utilities Gas: A 4-inch "WS" line exists along the south side of Kingsbury Drive. Stormwater: A 36-inch "RCP" line exists along the east side of McKinzie Road. Wastewater: An 8-inch "PVC" line exists along the north side of Kingsbury Drive; northeast of the subject property. Water: An 8-inch "PVC' line exists along the southside of Kingsbury Drive. 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: 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 9 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 18, 2023 City Council 1St Reading/Public Hearing Date: December 12, 2023 City Council 2nd Reading Date: January 9, 2024 Background: The subject property is a 0.86-acre, vacant and undeveloped, lot out of the Hill Country Estates subdivisions three quarters of a mile south of Leopard Street and McKinzie Road in the Northwest Area. It is located at the southeast corner of McKinzie Road and Kingsbury Drive and is the remaining undeveloped lot of the subdivision and block. Historical data shows that the land subdivided into Hill Country Estates in 2014 was rezoned from the "RS-6" Single-Family 6 District to the "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District in 2007 while the 1961 Corpus Christi Zoning Ordinance 6106 was in effect. The subject property is within the "CN-1" District (1.08 acre in size) of the subdivision that notches into the "RS-TF" Two-Family District. The1961 ordinance, then, permitted detached and attached single-family structures. The property to the north of the subject property is zoned "RS-TF" Two-Family District with low-density residential use. The adjacent property to the east is zoned "CN-1" Neighborhood Commercial District and "RS-TF" Two-Family District with a low-density residential use. The property to the south is zoned "CN-1" Neighborhood Commercial District and "RM-3" Multi- Family District with residential estate use. The subject parcel is bounded by an A2 class arterial road, McKinzie Road, to the west; Kingsbury Drive, a local residential street, to the north; and a proposed C1 class collector, Haven Drive, along the rear property line. Further west is the 59.43 acre-tract occupied by Tuloso Midway High School and zoned "RS-6" Single- Family 6 District. The abutting "RS-TF" Two-Family district enclave features lots that are two thirds of an acre with the smallest home being 2,302 square feet. The applicant is requesting an amendment to the existing zoning district to accommodate a single-family detached structure. A Land Development review of the subject property for a building permit revealed that the property, while appearing to be for single-family use, is zoned "CN-1" Neighborhood Commercial District. Residential development within the "CN-1" Neighborhood Commercial District is limited to townhome and multi-family developments. 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 Corpus Christi sustains and maintains established neighborhoods. • 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 older neighborhoods. ■ Encourage orderly growth of 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 residential infill development on vacant lots within or adjacent to existing neighborhoods. Northwest ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is generally consistent with the Northwest ADP and the FLUM's 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 notes the following: • The proposed rezoning is consistent with many elements and goals of Plan CC (The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), staff observed that the ADP was adopted nearly 23 years ago. • In deciding on the appropriate district, staff considered the pattern of the surrounding neighborhood. o The Hill Country Estates subdivision (which the subject property is a part of) with an initial "RS-6" Single-Family 6 zoning district, was rezoned to the "RS-TF" Two- Family District and "CN-1" Neighborhood District in 2007. It generally appears to have been an appropriate land use decision as situated; creating a threshold to the residential subdivisions established in the 1950s and 1970s beyond. Plan CC supports transition zones; a recurrence along McKinzie Road and Robby Drive. o The subject 0.86-acre parcel is a portion of a 4-acre "CN-1" Neighborhood Commercial District along McKinzie Road. It is the only neighborhood commercial district until the General Commercial District at Leopard Street and McKinzie Road, to the City's limit to the south, and also along Haven Drive. Haven Drive is not built west of McKinzie Road. The property southeast of Haven Drive and McKinzie road is a panhandle lot with residential estate use zoned primarily "RM-3" Multi-Family District with two "CN-1" zoning districts at either side of its access strip. o The lot far exceeds the minimum development standards required for residential development; while none is required for commercial development. Commercial activities, while not necessarily incompatible, does not appear to be the best use of the site. The surroundings suggest that residential use is best suited. The site's buildable area is also reduced for multi-family and commercial developments. o The development's outcome is known. A building permit has been submitted to Development Services and is awaiting approval of the requested amendment. Planning Commission and Staff Recommendation (October 18, 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, staff recommends approval of the change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-TF" Two- Family District. • The applicant's request to amend the zoning district of the subject property to accommodate a single-family structure is fitting. The amendment will not have any negative impact on the surrounding neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. o The "threshold" pattern is encouraged by many of the City's guiding documents. Population density and height of buildings in the "RS-TF" Two-Family District are low enough to be compatible with neighboring single-family developments. With the type of development known and the pattern of the area established, the "RS- TF" Two-Family District should be maintained and completed. o While the "CN-1" Neighborhood Commercial District provides space for commercial activities that primarily benefit nearby residential areas at a compatible scale; a commercial development may lead to the disintegration of the character of the block. The character of the neighborhood and block is more attuned to residential development. o The structure proposed matches those of the surrounding properties in massing, building and site arrangements; therefore, is in keeping with the surrounding character. Attachment: (A) Existing Zoning and Notice Area map. ATTACHMENT: (A) EXISTING ZONING AND NOTICE AREA RS- TF 3 4 KINGSBURY DR 7 3 jc"N '1 1 N /SUBJECT RS- T ' 5 RS-6 rn ,//////// 6 �oIPROP ER, HAVEN DR 9 8 CN- 1R!M-3 iF7- CASE: 1023-03 Zoning and notice Area w RM-1 Multifami ly1 IL Light Industrial RRM2 Multifamily2 IH Heavy Industrial 81, Rh13 Multifamily3 PUU Planned Unit Do,Overlay ON Professional Off ce RS.10 Slrgle-Family10 RM-AT Multifamily AT RSb Single-Family 6 CN-1 Neighborhood Commercial RS-0.6 Single-Family4.6 CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Single-Famlly15 tr CR-2 Resort Commerdal RE Residential Estate _ GG-1 General Commercial RS.TH Townhouse >� CG-2 General Commercial SP Special Permit Cl intens—Commerical SUBJEC CBD Downtown Commercial RV Recreationald Homo Park PROPER Y RMH Manu[aeturetl Hgme CR3 Resort Commercial a 'arw FR Farm Rural a H Historic Overlay Y x W Bp Business Park � _ L i�Yer 4 o X Cit)•of Bri,HERE Corpus I OCARON MAP Chl i�ci Zoning Case 1023-03 Steve Avalos and Lacey Avalos District 1 a Rezoning for a property at or near r 10329 Kingsbury Drive KINGbVRY DR From the"CN-1" Neighborhood Commercial District to the "RS-TF" Two-Family District o r V HAVEN DR PROPERTY >: ,rya.�, a,�a':,°• ms's,".�. � . u. •.i ., Cl a f Esri.HERE ate` Cnipus LOCATION MAP City Council December 12, 2023 Zoning and Land Use Proposed Use: To allow for the construction of a detached single-family structure. RS-TF Area Development Plan (ADP): L AN-22-2007 Northwest ADP (Adopted on Jan. 9, 2001) KINGSB 1RY DR Future Land Use Map: 3 ��1Medium-Density Residential RS-TF RS-6 SUBJECT Pl20'PEl27v JAN-22-2007 Existing Zoning: JAN-22-2007 "CN-1" Neighborhood Commercial District E VEN DR Adjacent Land Uses: N • North: Low-Density Residential (Zoned RS-TF) CN-1 RM-3 • South: Residential Estate (Zoned CN-1 and RM-3) tEast: Low-Density Residential (Zoned CN-1 and RS-TF) • West: "ROW' Right-of-Way(McKinzie Road) and Public/Semi-Public Use (Zoned RS-6) Public Notification 9 Notices mailed inside the 200-foot buffer 2 Notices mailed outside the 200-foot buffer RS-TF = 3 9 Notification Area KTNG BURY DR ,DIN Opposed: 0 (0%) m SUBJECT RS-T s Separate Opposed Owners PROPERrr HAVEN D0. In Favor: 0 (0.00%) NCN-1 -3 "Notified property owner's land in SQF/Total square footage I of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation • The proposed rezoning is consistent with many elements and goals of Plan CC(The City of Corpus Christi Comprehensive Plan) and the FLUM's (Future Land Use Map) designation of Medium-Density Residential. While it is generally consistent with the Northwest Area Development Plan (ADP), staff observed that the ADP was adopted nearly 23 years ago. • In deciding on the appropriate district, staff considered the pattern of the surrounding neighborhood. • The applicant's request to amend the zoning district of the subject property to accommodate a single-family structure is fitting. The amendment will not have any negative impact on the surrounding neighborhood. It is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. STAFF RECOMMENDS APPROVAL OF THE REQUEST FROM THE "CN-1" NEIGHBORHOOD COMMERCIAL DISTRICT TO THE "RS-TF" TWO-FAMILY DISTRICT � r a r.,.� KINGSBIJR� , i 3 e.� a Q H PA SUJC PR PERTY:� o I O r LL .n AVEN DR 1 l ` vV ' Y r` N F CASE: 1023-03 N WE Aerial View S ® Subject Property SUBJECT\ PROPERTY ■■►1■ City of 1..-11 Esri, HERE Corpus LOCATION MAP Christi 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting December 12, 2023 DATE: December 12, 2023 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Josh Chronley, Assistant Director of Finance-Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Amendment for Implementation of the OpenGov Permitting and Licensing Software for Public Works CAPTION: Ordinance authorizing execution of Amendment #1 to the co-operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1 ,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. SUMMARY: This Amendment is renewing Public Works' OpenGov pavement asset management tool software through Vertosoft. Public Works is also purchasing and implementing a Right-of-Way permitting software with OpenGov. BACKGROUND AND FINDINGS: As part of the FY 2024 budget initiative, the Right-of-Way Management Division was established as a separate section under the Traffic/Operations Division within the Department of Public Works. The primary goal of this division was to specifically address management of right-of-way (ROW) permitting, licensing and violations of construction-related activities. This section also manages review of traffic control planning and other requested uses of public ROW. The budget initiative included dedication of funds for a permitting software to manage requests, payments, and inspections. The purchase of Vertosoft, LLC cloud system solutions will implement effective ways of managing ROW permits, reduce primary reliance on paper forms and email submissions, minimize manual data entry, increase accuracy for ROW permits and productivity. This software will also provide an efficient process that is more customer friendly and provides better visibility on the Department's process. Lastly, the software will allow an automated workflow that will alert designed specifics to help meet timeline targets in the management of the permitting process. This item includes the subscription renewal of the Public Works pavement asset management software. The City Council approved the pavement asset management software tool in December 2021 . The software subscription and support is set to expire in 2024. PROCUREMENT DETAIL: This procurement is being facilitated through the DIR Cooperative. Contracts awarded through the DIR Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The savings on the DIR Cooperative for this software and support purchase is 32.26% off retail price, a savings of $482,315.19 if all options are exercised. ALTERNATIVES: Deny motion which will result in management of Right-of-Way permits via an email submission. FISCAL IMPACT: The fiscal impact to FY2024 is $204,579.60, with funding available in the Streets Fund. FUNDING DETAIL: Fund: 1041 Streets Organization/Activity: 12401 Right-of-Way Management Mission Element: 33 Streets Project # (CIP Only): n/a Account: 520105 RECOMMENDATION: Staff recommends approval of this motion authorizing amendment no. 1 with Vertosoft as presented. LIST OF SUPPORTING DOCUMENTS: Amendment No. 1 Price Sheet Ordinance authorizing execution of Amendment #1 to the co- operative agreement with Vertosoft, LLC, for the renewal of OpenGov pavement management software and the purchase of OpenGov permitting and licensing management software for the Public Works Department through September 30, 2024, with three one-year options and a future auto-renewable term possible, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised, with FY 2024 funding from the Streets Fund. WHEREAS, the City previously executed a five-year agreement to purchase OpenGov budgeting software from Vertosoft, LLC, through the Texas DIR purchasing cooperative, and now desires to (i) renew a pavement management software module and (ii) purchase a permitting and licensing management software module, to be utilized by the Public Works Department, and to add an auto-renewal clause to the co-op agreement, in order to achieve increased operational efficiencies; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute Amendment #1 to Cooperative Purchase Agreement #4441 (the "Contract") with Vertosoft, LLC, to renew the OpenGov pavement management software (formerly, Cartegraph) from March 1 , 2024, through September 30, 2024; and to purchase and implement OpenGov permitting and licensing management software for a period from January 1 , 2024, through September 30, 2024, both software modules to be utilized by the Public Works Department, with three one-year options to renew, in an amount not to exceed $204,579.60, with a potential amount up to $1,012,844.13 if options are exercised. Additionally, following the expiration of the last option year of the full Contract and subject to sufficient future annual appropriations, the term of the Contract will auto-renew for continuing one-year terms, unless the Contract has been earlier terminated by either party, in accordance with the provisions of the Contract. SECTION 2. Funding in the amount of $204,579.60 from the FY 2024 Streets Fund is provided to renew the pavement management software and implement the permitting and licensing management software that constitutes the subject of Amendment #1 with Vertosoft, LLC. Introduced and voted upon 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 Price Sheet Sr. Buyer: Minerva Alvarado OpenGov for Public Works D I R-TSO-4227 Vertosoft, LLC Leesburg, VA Item Description Qty Cost Total 1 Year 1 - OpenGov Permitting and Lic 1 $204,579.60 $204,579.60 Total 2024 $204,579.60 Year 2 - Option Year OpenGov 2 Permitting and Licensing 1 $256,388.43 $256,388.43 Year 3 - Option Year OpenGov 3 Permitting and Licensing 1 $269,207.85 $269,207.85 Year 4 - Option Year OpenGov 4 Permitting and Licensing 1 $282,668.24 $282,668.25 Total with Options $1,012,844.13 .gyus c� G� Amendment #1 v Finance & Procurement NCORPOR PS Etl 1852 Date: December 8, 2023 Agreement #: 4441 (Cooperative Purchase via DIR-TSO-4227) Contractor/Consultant: Vertosoft, LLC Current Amount: $1 ,282,038.40 I. By execution of this Amendment #1 , the parties desire to renew the pavement management software (formerly, Cartegraph) and add new permitting and licensing software to Cooperative Purchase Agreement #4441 ("Agreement"), in accordance with the terms and conditions stated in DIR-TSO-4227, for a term period ending September 30, 2024, with up to three optional one-year renewals. II. Attachment A, Scope of Work, to the Agreement is amended by adding Attachment A-1, which is attached to this Amendment #1 and incorporated by reference into the Agreement as if fully set out here in its entirety. III. Section 2, Scope, of the Agreement is amended by deleting the content of the section in its entirety and replacing it to read as follows: "Contractor shall provide Budget Module Replacement, Pavement Management Software, and Permitting & Licensing Management Software in accordance with the attached quotes and statements of work ("Quotes"), as shown in Attachments A and A-1 , respectively, the content of such attachments being incorporated by reference into this Agreement as if fully set out here in their entireties." IV. Section 3, Term, of the Agreement is amended by deleting the content of the section in its entirety and replacing it to read as follows: "The term of this Agreement is in three parts, as follows: the term is five years beginning October 1, 2022, and continuing through September 30, 2027, for the software purchase made pursuant to Attachments A and B (budget module); for the continuation and renewal of the pavement management software addressed in Attachment A-1 , the term period is March 1 , 2024, through September 30, 2024; and, for the permitting and licensing management software purchase made pursuant to Attachment A-1 , the term period is January 1 , 2024, through September 30, 2024, with three optional one-year renewals (as to the pavement and permitting management module items) to begin October 1 of each option year and continuing through September 30 of the following calendar year, with a final expiration date of this Agreement on September 30, 2027. Subject to sufficient future annual appropriations, the term of the Agreement beginning on and after October 1 , 2027, will auto-renew for continuing one-year terms, until either party terminates the Agreement in accordance with the conditions and requirements stated in the Agreement. Any changes and modifications to the scope and/or software products following execution of this Amendment #1 will be memorialized by written amendment and executed by an authorized representative of each party." V. Section 4, Compensation and Payment, of the Agreement is amended by replacing only the first paragraph of the section to read as follows: "This Agreement is for an amount not to exceed $1 ,486,618.00 subject to approved amendments. All pricing must be in accordance with the Page 1 of 2 attached Quotes, as shown in Attachments A and A-1 . A separate software services agreement is included as Attachment B, the content of which is incorporated by reference into the Agreement as if set out fully here in its entirety." The second paragraph of Section 4 of the Agreement remains unchanged VI. Amendment #1 is effective as of January 1 , 2024, following execution by both parties. To the extent that the provisions of this Amendment #1 conflict with any provisions of the Agreement and prior amendments, if any, the provisions of this Amendment #1 shall prevail and govern for all intents and purposes. Josh Chronley Date Contractor Date Assistant Director— Finance & Procurement Assistant City Attorney Date Page 2 of 2 Attachment A-1 69 Vtosoft Date: 11/29/2023, 12:35 PM 1602 Village Market Blvd SE,Suite 320 Phone: 571707-4130 Leesburg,VA20175 USA Fax: 571-291-4119 Email: sales@vertosoft.com Cage Code:7QV38 UEI Number Y7D5MXRU2839 Vertosoft Contact:Carly Moore DUNS#080431574 Phone:(540)998-8361 Federal Tax ID:81-3911287 Email:carly.moore@vertosoft.com Business Size: Small Business OpenGov Quote for City of Corpus Christi, TX Contract: DIR-TSO-4227 Quote#:Q-04019 Quote For: Expires On: 12/20/2023 Name: Holly Houghton Company:City of Corpus Christi,TX Ship To Email:holly@cctexas.com City of Corpus Christi,TX Phone:361-826-3753 PAYMENT TERMS DELIVERY METHOD PAYMENT METHOD VERTOSOFT CUST ID SUPPLIER REF# Net 30 Electronic Check/ACH/Credit Card Overall POP Start Date: 1/1/2024 Overall POP End Date:9/30/2027 Term 1 Period of Performance:01/01/2024-09/30/2024 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV- Permitting and Licensing-Public Works 1.00 113,092.50 $78,000.00 $78,000.00 HAFL- Permits-Between$1-2 Billion- lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 47,539.50 $17,085.75 $17,085.75 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY Page 1 of 5 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV- Custom Professional Services Deployment- 146.00 272.00 $232.12 $33,889.52 GHBP- Fixed Fee-Between$1-2 Billion-OY B 12B-NR- OY Term 1 TOTAL: $128,975.27 Term 1 Period of Performance:03/01/2024-09/30/2024 PART# DESCRIPTION QTY CONTRACT UNIT EXTENDED LIST PRICE PRICE OPGV-CG- OMS Premium 1.00 75,000.00 $32,729.33 $32,729.33 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 15,000.00 $6,125.00 $6,125.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 16,875.00 $9,187.50 $9,187.50 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 16,875.00 $9,187.50 $9,187.50 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 11,250.00 $3,675.00 $3,675.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 26,250.00 $14,700.00 $14,700.00 OMSUS- B12B Term 1 TOTAL: $75,604.33 Term 1 total: $204,579.60 Term 2 Period of Performance: 10/01/2024-09/30/2025 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $104,000.00 $104,000.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $22,781.00 $22,781.00 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY Page 2 of 5 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV-CG- OMS Premium 1.00 $56,107.43 $56,107.43 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $10,500.00 $10,500.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $15,750.00 $15,750.00 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $15,750.00 $15,750.00 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 $6,300.00 $6,300.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $25,200.00 $25,200.00 OMSUS- B12B Term 2 TOTAL: $256,388.43 Term 3 Period of Performance: 10/01/2025-09/30/2026 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $109,200.00 $109,200.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $23,920.05 $23,920.05 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY OPGV-CG- OMS Premium 1.00 $58,912.80 $58,912.80 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $11,025.00 $11,025.00 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $16,537.50 $16,537.50 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $16,537.50 $16,537.50 OMSTR- B12B Page 3 of 5 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV-CG- Walkability Domain(OMS) 1.00 $6,615.00 $6,615.00 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $26,460.00 $26,460.00 OMSUS- B12B Term 3 TOTAL: $269,207.85 Term 4 Period of Performance: 10/01/2026-09/30/2027 PART# DESCRIPTION QTY UNIT EXTENDED PRICE OPGV- Permitting and Licensing-Public Works 1.00 $114,660.00 $114,660.00 HAFL- Permits-Between$1-2 Billion-lY B 12B-RR- lY OPGV- Permitting and Licensing-Supporting Add-On 1.00 $25,116.05 $25,116.05 HAFP- Bundle-Between$1-2 Billion- lY B 12B-RR- lY OPGV-CG- OMS Premium 1.00 $61,858.44 $61,858.44 OMSP- B12B OPGV-CG- Signal Domain(OMS) 1.00 $11,576.25 $11,576.25 OMSSI- B12B OPGV-CG- Stormwater Domain(OMS) 1.00 $17,364.38 $17,364.38 OMSST- B12B OPGV-CG- Transportation Domain(OMS) 1.00 $17,364.38 $17,364.38 OMSTR- B12B OPGV-CG- Walkability Domain(OMS) 1.00 $6,945.75 $6,945.75 OMSWA- B12B OPGV-CG- OMS User(100) 1.00 $27,783.00 $27,783.00 OMSUS- B12B Term 4 TOTAL: $282,668.25 GRAND TOTAL:$1,012,844.13 Page 4 of 5 Quote Terms By purchasing the products and services described in this order form, the Customer is expressly agreeing to the End User Agreement published at https://www.vertosoft.com/tenors-and-conditions-opengov Taxes: Sales tax shall be added at the time of an invoice,unless a copy of a valid tax exemption or resale certificate is provided. Credit Card Orders: Additional fees may apply if paying by credit card. All Purchase Orders must include: End User Name,Phone Number,Email Address,Purchase Order Number, Government Contract Number or Our Quote Number,Bill-To and Ship-To Address(Cannot ship to a PO Box),Period of Performance (if applicable), and a Signature of a duly Authorized Representative. Page 5 of 5 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 OPENGOV Statement of Work City of Corpus Christi, TX Creation Date: 7/11/2023 Document Number: PS-04400 Version Number: 2 Created by: Dean Simpson 2023 Statement of Work v2.1 1 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Table of Contents 1.Overview and Approach 3 1.1. Agreement 3 2.Statement of Work 3 2.1. Project Scope 3 2.2. Facilities and Hours of Coverage 4 2.3. Key Assumptions 4 2.4. Exclusions 4 2.5. OpenGov Responsibilities 4 2.5.1. Activity 1 -Project Management 4 2.5.2. Activity 2-Initialization 5 2.5.3. Activity 3-OpenGov Use Cases 6 2.5.4. Activity 4-Training 6 2.6. Your Responsibilities 6 2.6.1. Your Project Manager 7 2.7. Completion Criteria 7 2.8. Estimated Schedule 7 2.9. Illustrative Project Timelines 8 2.10. Charges 8 2.11. Offer Expiration Date 8 Appendix A: Engagement Charter 9 A-1: Communication and Escalation Procedure 9 A-2: Change Order Process 9 A-3: Deliverable Materials Acceptance Procedure 10 Appendix B: Deliverables 11 B-1: Data Deliverables 11 B-2: Record Type Deliverables 11 B-3: Training Deliverables 12 Appendix C: Technical Requirements 13 2023 Statement of Work v2.1 2 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 1 . Overview and Approach 1.1. Agreement This Statement of Work("SOW")identifies services that OpenGov, Inc.("OpenGov"or"we")will perform for City of Corpus Christi, TX("Customer'or"you")pursuant to that order for Professional Services entered into between OpenGov and the Customer("Order Form")which references the Master Services Agreement or other applicable agreement entered into by the parties(the "Agreement"). • Customer acknowledges and agrees that this Statement of Work is subject to the confidentiality obligations set forth in the Agreement between OpenGov and Customer. • The Deliverables listed in Appendix B are the single source of the truth of the deliverables to be provided. • Customer's use of the Professional Services is governed by the Agreement and not this SOW. • Upon execution of the Order Form or other documentation referencing the SOW, this SOW shall be incorporated by reference into the Agreement. • In the event of any inconsistency or conflict between the terms and conditions of this SOW and the Agreement, the terms and conditions of this SOW shall govern with respect to the subject matter of this SOW only. Unless otherwise defined herein, capitalized terms used in this SOW shall have the meaning defined in the Agreement. • This SOW may not be modified or amended except in a written agreement signed by a duly authorized representative of each party. • OpenGov will be deployed as is, Customer has access to all functionality available in the current release. 2. Statement of Work This SOW is limited to the Implementation of the OpenGov Permitting & Licensing as defined in the OpenGov Responsibilities section of this document(Section 2.5). Any additional services or support will be considered out of scope. 2.1. Project Scope Under this project, OpenGov will deliver cloud based Permitting& Licensing solutions to help the Customer power a more effective and accountable government. OpenGov's estimated charges and schedule are based on performance of the activities listed in the "OpenGov Responsibilities"section below. Deviations that arise during the project will be managed through the procedure described in Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges and other terms. These adjustments may include charges on a time-and-materials or fixed-fee basis using OpenGov's standard rates in effect from time to time for any resulting additional work or waiting time. 2023 Statement of Work v2.1 3 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 2.2. Facilities and Hours of Coverage OpenGov will: A. Perform the work under this SOW remotely, except for any project-related activity which OpenGov determines would be best performed at your facility in order to complete its responsibilities under this SOW. B. Provide the Services under this SOW during normal business hours, 8:30am to 6:00pm local time, Monday through Friday, except holidays. C. Use personnel and resources located across the United States, and may also include OpenGov-trained staffing contractors to support the delivery of services. 2.3. Key Assumptions The SOW and OpenGov estimates are based on the following key assumptions. Deviations that arise during the proposed project will be managed through the Appendix A-2: Change Order Process, and may result in adjustments to the Project Scope, Estimated Schedule, Charges, and other terms. General: A. Individual software modules are configured based on discussions between OpenGov and Customer. B. All training,working sessions, and configuration is completed remotely, unless otherwise specified in appendix C. Customer will gather and provide all applicable Prerequisite Data Checklist items priorto the first project working session being held. D. Customer's source data will be provided in accordance with Appendix C: Technical Requirements . E. Customer will validate and sign off on each deliverable in Appendix B: Deliverables. F. Go Live date will be agreed and signed off between the Customer and OpenGov project manager during project planning. G. Customer will sign off on the Solution Acceptance prior to Go Live. H. The project plan assumes one Go-Live event and cutover unless otherwise specified in Appendix B: Deliverables. 2.4. Exclusions A. No historical data migration is included with this scope of work. 2.5. OpenGov Responsibilities 2.5.1. Activity 1 - Project Management OpenGov will provide project management for the OpenGov responsibilities in this SOW. The purpose of this activity is to provide direction to the OpenGov project personnel and to provide a framework for project planning, communications, reporting, procedural and contractual activity. This activity is composed of the following tasks: Planning 2023 Statement of Work v2.1 4 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 OpenGov will: A. Review the SOW, contract and project plan with Customer's Project Manager and key stakeholders to ensure alignment and agreed upon timelines? B. Coordinate a go live planning and data workshop to plan data integrations and migrations; C. Maintain project communications through your Project Manager; D. Establish documentation and procedural standards for deliverable Materials? and E. Assist your Project Manager to prepare and maintain the project plan for the performance of this SOW which will include the activities, tasks, assignments, and project milestones. Project Tracking and Reporting OpenGov will: A. Review project tasks, schedules, and resources and make changes or additions, as appropriate. Measure and evaluate progress against the project plan with your Project Manager; B. Work with your Project Manager to address and resolve deviations from the project plan? C. Conduct regularly scheduled project status meetings; and D. Administer the Appendix A-2: Change Order Process with your Project Manager. Completion Criteria: This is an on-going activity which will be considered complete at the end of the Services Deliverable Materials: • Planning and Data Workshop • Project Plan and Timeline • Weekly Status Reports • Go Live Checklist • RAID • Project Charter 2.5.2. Activity 2 - Initialization OpenGov will provide the following: A. Customer Entity configuration B. System Administrators creation C. Solution Blueprint creation D. Data Validation strategy Completion Criteria: This activity will be considered complete when: • Customer Entity is created 2023 Statement of Work v2.1 5 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 • System Administrators have access to Customer Entity • Solution Blueprint is presented to Customer Deliverable Materials: • Solution Blueprint • Sign-off of Initial Draft Solution Blueprint 2.5.3. Activity 3 - OpenGov Use Cases Use cases: OpenGov will provide the following: Public Works: Right-of-Way Permits,Waste/Water Management, etc Completion Criteria: This activity will be considered complete when: • Deliverables are configured/completed Deliverable Materials: • Formal sign off document 2.5.4. Activity 4 - Training Training will be provided in instructor-led virtual sessions unless otherwise specified in Appendix B. For any instructor-led virtual sessions, the class size is recommended to be 10, for class sizes larger than 10 it may be necessary to have more than one instructor. Completion Criteria: • Training is provided Deliverable Materials: • Formal sign off document 2.6. Your Responsibilities The completion of the proposed scope of work depends on the full commitment and participation of your management and personnel. The responsibilities listed in this section are in addition to those responsibilities specified in the Agreement and are to be provided at no charge to OpenGov. OpenGov's performance is predicated upon the following responsibilities being managed and fulfilled by you. Delays in performance of these responsibilities may result in delay of the completion of the project and will be handled in accordance with Appendix A-2: Change Order Process. 2023 Statement of Work v2.1 6 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 2.6.1. Your Project Manager Prior to the start of this project, you will designate a person called your Project Manager who will be the focal point for OpenGov communications relative to this project and will have the authority to act on behalf of you in all matters regarding this project. Your Project Manager's responsibilities include the following: A. Manage your personnel and responsibilities for this project(for example: ensure personnel complete any self-paced training sessions, configuration, validation or user acceptance testing)? B. Serve as the interface between OpenGov and all your departments participating in the project; C. Administer the Appendix A-2: Change Order Process with the Project Manager; D. Participate in project status meetings? E. Obtain and provide information, data, and decisions within five(5)business days of OpenGov's request unless you and OpenGov agree in writing to a different response time; F. Resolve deviations from the estimated schedule,which may be caused by you; G. Help resolve project issues and escalate issues within your organization, as necessary? and H. Create,with OpenGov's assistance, the project plan for the performance of this SOW which will include the activities, tasks, assignments, milestones, estimates, and duration. 2.7. Completion Criteria OpenGov will have fulfilled its obligations under this SOW when any of the following first occurs: A. OpenGov accomplishes the activities set forth in"OpenGov responsibilities"section and delivers the Materials listed, if any; or B. The End Date, as agreed upon between the Customer and OpenGov during project planning, is reached. 2.8. Estimated Schedule OpenGov will schedule resources for this project upon signature of the order form. Unless specifically noted, the OpenGov assigned project manager will work with Customer Project Manager to develop the project schedule for all requested deliverables under this SOW. OpenGov reserves the right to adjust the schedule based on the availability of OpenGov resources and/or Customer resources, and the timeliness of deliverables provided by the Customer. 2023 Statement of Work v2.1 7 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 The Services are currently estimated to start within two (2)weeks but no later than four(4) weeks from signatures, unless otherwise agreed upon between the Customer and OpenGov, and have an estimated end date of nine (9) months after signatures("Estimated End Date'). The End Date will be agreed between Customer and OpenGov during project planning. 2.9. Illustrative Project Timelines The typical project timelines are for illustrative purposes only and may not reflect your use cases. Illuatratrve Timeline Month 1 kton:h 2 h`an:h 3 Month 4 Month 5 Month 6 Month 7 Month 8 Month 9 Data Framework Historical Data Migration Record&Financial Exports Document Migration Requirements and Discovery Initiate' Permitting Licensing and Code Confgure' Enlomement Suite Validation" Go-Live Reporting&Transparency "Timelire is depeneert or:Fe rL mtier of service areas and record types. Va da_ic .cata in .ion and migration Cper:�cv G-1,q,—tion C,,stamen-.aliJ. Go Ln•a Lvent 2.10. Charges The Services will be conducted on a Fixed Price basis. This fixed price is exclusive of any travel and living expenses and other reasonable expenses incurred in connection with the Services. All charges are exclusive of any applicable taxes. Customer shall reimburse OpenGov for reasonable out-of-pocket expenses OpenGov incurs providing Professional Services. Reasonable expenses include, but are not limited to, travel, lodging, and meals. Expenses are billed based on actual costs incurred. OpenGov shall not exceed the estimated $2500 expenses without written approval from the Customer. 2.11. Offer Expiration Date This offer will expire on October 7, 2023 unless extended by OpenGov in writing. 2023 Statement of Work v2.1 8 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix A: Engagement Charter A-1: Communication and Escalation Procedure Active engagement throughout the implementation process is the foundation of a successful deployment. To help assess progress, address questions, and minimize risk during the course of deployment both parties agree to the following: • Regular communication aligned to the agreed upon project plan and timing. o OpenGov expects our customers to raise questions or concerns as soon as they arise. OpenGov will do the same, in order to be able to address items when known. • Executive involvement o Executives may be called upon to clarify expectations and/or resolve confusion. o Executives may be needed to steer strategic items to maximize the value through the deployment. • Escalation Process: o OpenGov and Customer agree to raise concerns and follow the escalation process, resource responsibility, and documentation in the event an escalation is needed to support issues raised • Identification of an issue impeding deployment progress, outcome or capturing the value proposition, that is not acceptable. • Customer or OpenGov Project Manager summarizes the problem statement and impasse. • Customer and OpenGov Project Managers jointly will outline solution, acceptance or schedule Executive review. • Resolution will be documented and signed off following Executive review. • Phase Sign-Off o OpenGov requests sign-offs at various stages during the implementation of the project. Once the Customer has signed-off, any additional changes requested by Customer on that stage will require a paid change order for additional hours for OpenGov to complete the requested changes. A-2: Change Order Process This SOW and related efforts are based on the information provided and gathered by OpenGov. Customers acknowledge that changes to the scope may require additional effort or time, resulting in additional cost. Any change to scope must be agreed to in writing or email, by both Customer and OpenGov, and documented as such via a: • Change Order-Work that is added to or deleted from the original scope of this SOW. Depending on the magnitude of the change, it may or may not alter the original contract amount or completion date and be paid for by Customer. Changes might include: o Timeline for completion o Sign off process o Cost of change and Invoice timing o Amending the SOW to correct an error. 2023 Statement of Work v2.1 9 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 o Extension of work as the complexity identified exceeds what was expected by Customer or OpenGov. o Change in type of OpenGov resources to support the SOW. A-3: Deliverable Materials Acceptance Procedure Deliverable Materials as defined herein will be reviewed and accepted in accordance with the following procedure: • The deliverable material will be submitted to your Project Manager. • Your Project Manager will have decision authority to approve/reject all project Criteria, Phase Acceptance and Engagement Acceptance. • Within five(5)business days of receipt,your Project Manager will either accept the deliverable Material or provide OpenGov's Project Manager a written list of requested revisions. If OpenGov receives no response from your Project Manager within five(5) business days, then the deliverable Material will be deemed accepted. The process will repeat for the requested revisions until acceptance. • All acceptance milestones and associated review periods will be tracked on the project plan. • Both OpenGov and Customer recognize that failure to complete tasks and respond to open issues may have a negative impact on the project. • For any tasks not yet complete, OpenGov and/or Customer will provide sufficient resources to expedite completion of tasks to prevent negatively impacting the project. • Any conflict arising from the deliverable Materials Acceptance Procedure will be addressed as specified in the Escalation Procedure set forth in Appendix A-1: Communication and Escalation Procedure . As set forth in the"Customer Delays"provision of the Agreement, if there are extended delays(greater than 10 business days)in Customer's response for requested information or deliverable; OpenGov may opt to put the project on an"On Hold" status. After the Customer has fulfilled its obligations, Professional Services can be resumed and the project will be taken off the"On-Hold"status. • Putting a project"on Hold"may have several ramifications including, but not restricted, to the following: • Professional Services to the customer could be stopped; • Delay to any agreed timelines; or • Not having the same Professional Services team assigned. 2023 Statement of Work v2.1 10 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix B : Deliverables B-1: Data Deliverables Master Address Table(MAT)Integration • OpenGov will: o Provide a template file to be utilized by the Customer to populate MAT information. o Import the completed template file and validate against the completed template file. • Customerwill: o Populate and validate the MAT template. ESRI ArcGIS Server Integration • OpenGov will: o Integrate with the Customer's ArcGIS public API endpoint. GIS Flag Integration • OpenGov will: o Provide a template file to be utilized by the Customer to populate GIS Flag information. o Import the populated template file after acceptance. o Enable the GIS Flag Integration. • Customerwill: o Populate and validate the flag template file. Accounting and Finance Export • OpenGov will: o Provide an export of financial data, based on the Customer's provided format, to the Customer's FTPS as often as nightly. • Customerwill: o Agree upon specifications prior to export. Operational Awareness Record Export • OpenGov will: o Provide up to one(1) Record Export from the customer's OpenGov Permitting and Licensing instance to the customer's OpenGov Enterprise Asset Management instance for operational awareness. • Customerwill: o Agree upon specifications prior to export. B-2: Record Type Deliverables OpenGov will configure the following standard record type drafts of Customer's record types in the Permitting& Licensing system including Form,Workflow, Output Document and Fees: Public Works Service Area Up to three(3) record types: • Right-of-Way Construction Permit • Pilot Parklet Permit 2023 Statement of Work v2.1 11 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 • Street Closure Permit Customerwill: • Attend working sessions to validate, review, and iterate upon draft records. • Test all configured record types 6-3: Training Deliverables OpenGov will: Administrator Training • Provide up to fourteen(14)hours of Permitting & Licensing system administrator training to enable system administrators on the following topics: • Setting up the public portal • Employee app settings • Creating and editing record types • Managing Forms • Editing Documents • Creating Workflows • Setting up Inspections End User Training • Provide up to four(4)hours of end-user trainings designed for Plan Review, Inspectors, Finance Staff, etc.to cover the following topics: • Navigation of the system • Manage inbox and tasks • Take payments • Conduct inspections • Create records Customerwill: • Identify the relevant participants to attend each training session. 2023 Statement of Work v2.1 12 DocuSign Envelope ID:6786C9EE-BB41-445C-9AB1-732D9EBC6237 Appendix C: Technical Requirements Master Address Table • All addresses must have a unique ID • Flat file, .csv, .xls, .xlsx, .txt with headers • Parcels and address points recommended • Recommended source data: Esri GIS, Alternative source options include: Assessor's database, E911 ESRI ArcGIS • Publicly-accessible secure ESRI REST API URL ArcGIS Flags • Polygon Layer(s)via ESRI REST API URL, Polylines and points are not supported Financial and Record Exports • Required format(columns)and sample document Current application forms,workflows,fee structures,and output documents • PDF, Word, .csv, .xls, .xlsx with headers 2023 Statement of Work v2.1 13 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 One Reading Ordinance for the City Council Meeting of December 5, 2023 DATE: December 5, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager Heatherh3(cD-cctexas.com 361-826-3227 South Texas Military Housing, LP — CNATRA Flag Officer Quarters CAPTION: Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. SUMMARY: This ordinance authorizes an expenditure up to $1,000,000.00 from the Corpus Christi B Corporation Economic Development fund for the construction of the Chief of Naval Air Training ("CNATRA") Flag Officer quarters and facility for the two-star Admiral overseen by the South Texas Military Housing, LP ("STMH") which is in a public/private venture with the Navy, who renovates, builds, maintains, and manages family housing onboard Naval Air Station - Corpus Christi ("NAS-CC"). BACKGROUND AND FINDINGS: On November 13, 2023, the Type B Corporation unanimously voted to support the expenditure of $1,000,000.00 for the construction of the CNATRA Flag Officer quarters at NAS-CC. On October 12, 2023, with overwhelming support, the CCREDC Board of Directors voted unanimously to recommend this project to the Type B Corporation. STMH is requesting a grant of up to $1,000,000.00 from the Type B Corporation. The grant will go towards the construction of the CNATRA quarters and facility. CNATRA is a two-star Admiral who oversees all naval air training; including pilots, naval flight officers (NFO), and Blue Angels, and is headquartered onboard NAS-CC. CNATRA has a staff of 193 military and civilian personnel stationed; the average salary is $65,000 per year. After Hurricane Harvey, the Admirals quarters were condemned and there are currently no existing budget methods to build the CNATRA facility. The construction of the two-story facility is estimated to be $1,550,000.00; the second story for living quarters and the first floor to host important meetings, special dignitaries, visiting guests and an entertainment venue for the NAS- CC. City participation has occurred for similar projects across the United States in the past. For example, in support of their military partners the City of Huntsville since 2003 has spent more than $3,500,000.00 upgrading housing for generals on Redstone Arsenal; one of the houses is more than 4,000-square feet and was earmarked for the general. The size of this unit is because it involves a lot of entertainment of dignitaries and space needed for official functions. Since then, they have funded two more houses and added two major commands. Losing CNATRA could be devastating to the base. The importance of having a flag officer (Admiral) onboard NASOCC is critical. In eras of austerity, base realignments can happen and when they do it is important that one of the commands be a flag officer. CNATRA has become an advocate for our area. Base Realignment and Closure (BRAC) does not have to occur for cuts to come to our bases. There are also other participating entities who are pledging funds for the project, The Port of Corpus Christi, City of Kingsville, and Kleberg County. ALTERNATIVES: The City Council could choose not to fund this expenditure or could choose to fund at a lesser amount. FINANCIAL IMPACT: The financial impact is an amount up to $1,000,000.00 to be funded with the Type B Economic Development Fund in FY 2024. Funding Detail: Fund: 1146 Economic Development Fund Organization/Activity: 15010 Major Business Projects Mission Element: 57 Economic Development Project # (CIP Only): Account: 530000 Professional Services Expense RECOMMENDATION: Staff recommend approval of the expenditure in the amount up to $1,000,000.00 to be funded by the Corpus Christi B Corporation in FY 2024. LIST OF SUPPORTING DOCUMENTS: Ordinance authorizing the creation of a Corpus Christi B Corporation project, which includes the expenditure up to $1,000,000.00 for an agreement with South Texas Military Housing, LP for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station - Corpus Christi; appropriating $1,000,000 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) 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 2, Adopting 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 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 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City's City Council ("City Council") and filed with the State Comptroller of Texas, effective April 1 , 2018, to be administered by the Corporation's Board of Directors ("Board")-, WHEREAS, the Board has determined that it is in the best interests of the residents of the City that up to $1 ,000,000.00 from the Corpus Christi B Corporation Economic Development Fund be reserved for a project to construct a Chief of Naval Air Training ("CNATRA") Flag Officer quarters at Naval Air Station — Corpus Christi ("NAS-CC") and approved the reservation of funds for this project on November 13, 2023; WHEREAS, CNATRA's continued presence at NAS-CC will provide an economic benefit to the City through the retention of 193 military jobs and the creation of 4 new military jobs; WHEREAS, the Flag Officer quarters will provide an economic benefit to the City by serving as the entertainment and community center of NAS-CC, which allows NAS-CC to host executive military personnel and events that focus on NAS-CC and the Corpus Christi region; and WHEREAS, the City Council has determined that the construction of a CNATRA Flag Officer quarters at NAS-CC will promote or develop new or expanded business enterprises that create or retain primary jobs in Corpus Christi. Be it ordained by the City Council of the City of Corpus Christi, Texas: Page 1 of 2 Section 1. Funds in the amount of $1 ,000,000.00 are appropriated from Type B Fund No. 1145 for an agreement with South Texas Military Housing, LP. Section 2. The FY2023-24 Operating Budget adopted by Ordinance No. 033151 is amended to increase expenditures by $1 ,000,000.00. Section 3. The City Council authorizes the use of up to $1 ,000,000.00 from the Corpus Christi B Corporation Economic Development Fund for an agreement with South Texas Military Housing, L.P., for the construction of a Chief of Naval Air Training Flag Officer quarters at Naval Air Station — Corpus Christi, subject to the future approval of an agreement by the Corpus Christi B Corporation Board. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 *01 i ' a�uHi u ype B Furdng Request - for Chief of Naval Air Training Flag Officer s � h l° M, o77 77 e n 'p` Presented by Randy Almaguer,Compliance Officer-CCREDC Corpus Christi 5 r REGIONAL ECONOMIC OE VELOPME NT CORPORATION - SOUTH TEXAS MILITARY TASK FORCE ,11LI ,RVIAs,;FORCE • The South Texas Military Task Force is a non-partisan group comprised of local community and business leaders who recognize the importance of advocating for and supporting our area military facilities • Mission of the STMK • Preserve, Protect,Communicate and Expand the value of military facilities in the Coastal Bend Region • Kresten Cook, Executive Director • Alan Wilson, Chairman 11�r Corpus Christi REGIONAL ECONOMIC OE VELOPMENT CORPORATION Top Industries in the Coastal Bend Region • Naval Air Station Corpus Christi— 5,000 personnel • Contributes $3.313tothe local economy • 41 tenants call NAS-CC Home,including: • Chief of Naval Air Training(CNATRA) _ a • US Customs&Border Protections • Corpus Christi Army Depot(CCAD)—2,900 personnel • Contributes$1.4B to the local economy • Largest helicopter repair facility in the world • Average Salaries _. • Active Duty$67K • Civilian,$96k 1 Corpus Christi RECIONRL ECONOMIC OE WE LOPMENT CORPORATION Chief of Naval Air Training - Flag Officer Quarters (CNATRA) • The original quarters was constructed in .Qf 1941 -Served for almost 80 years • Severely Damaged by Hurricane Harvey in e IIW 2017 and deemed uninhabitable andHUR ?v of 1?L i�0 J lC. s OR-OE'c"s 9LR i Rs . beyond repair RRLn- P1vf R TLPRIE�Rf Ill R H)RF I • The Flag Officer quarters and several kI oF IHE other residences on King Drive were w razed in 2022. � � 4ENM1 � n fR T�fT q 1 Corpus Christi EKIONNL ECONOMIC OE WE LOPMENT CORPORATION Project Details • South Texas Military Housing is requesting a grant of up to $1,000,000.00 from the Type B Corporation. • The grant will go towards the reconstruction of the CNATRA quarters and facility. • CNATRA is a two-star Admiral who oversees all naval air training including pilots, naval flight officers (NFO), and the Blue Angels. • CNATRA has a staff of 193 military and civilian personnel stationed aboard NASCC; the average salary is $65,000 • The size of the facility is due to its many functions including entertaining dignitaries, hosting official Navy functions, and providing a residence for the Admiral. 1 Corpus Christi RECONOMIC PROPOSED F L A G Of VfLOPME l OPMExT CORPORATION OFFICER QUARTERS • Two-story facility between 3,800— 4,000 sq.ft. • First Floor will be for official Navy gatherings Second Floor will be a residence for the Admiral • Estimated construction cost of$1,550,000 .■■ -'l • Construction timeline is between 12- 16 months after 'fs: °�_I ■■- ■■ In.■■ ■� II'p approval and sign off by Naval Facilities .M;9 _ .... Project Funding Sources ::N ■����� ■ • The Ci of Corpus Christi T B Corporation - �■■ ■■ ■■■■■x m City p YID po 111 L _ :u in 1 IN I approved funding up to an amount of$1,000,000 ----- LH • Other entities pledging grant funds for remaining =_ funding gap of$550,000: o Port of Corpus Christi o City of Kingsville o Kleberg County CONCEPTUAL DESIGN Corpus Christi REGIONAL ECONOMIC OE VEL.1—COR—RTIO. f ' Ala, E TW ,I k� 1 I. _ } GG OIL :f F ry milli Y _ 7 Corpus Christi REGIONAL ECONOMIC OE VELORMERT COR-RTION NEXT STEPS : • Negotiate Contract Agreement with South Texas Military Housing— Dec/Jan • Type B Corporation -January • Public Hearing &Motion to approve agreement Corpus Christi REGIONAL ECONOMIC OE VELOPMENT CORPORATION RECCOMENDAMON: • Staff is recommending approval of the expenditure in the amount up to $1,000,000 to be funded by the City of Corpus Christi B Corporation in Fiscal Year 2024. so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 9, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Rebecca Castillo, Interim Director of Human Resources RebeccaC(a-)-cctexas.com (361) 826-3314 Josh Chronley, Assistant Director of Finance & Procurement JoshC2(a-)-cctexas.com (361) 826-3169 Service Agreement for Drug and Alcohol Testing and Occupational Medical Services CAPTION: Motion authorizing the execution of a five-year service agreement with Alliance Health Resources Mobile Division, of Corpus Christi, Texas, for drug and alcohol testing and occupational medical services for City of Corpus Christi Employees in an amount up to $2,064,816.50, with FY 2024 funding of$327,158.00 from the Other Employee Benefits Fund. SUMMARY: This resolution authorizes a five-year service agreement with Alliance Health Resources Mobile Division, Ltd. for drug and alcohol testing and occupational medical services for City of Corpus Christi Employees. BACKGROUND AND FINDINGS: The proposed five-year service agreement will allow for drug testing, collection, laboratory, and occupational medical services for the City of Corpus Christi. These services are required by the City of Corpus Christi's Alcohol and Drug Testing Polices. The purpose of having these services is so the City of Corpus Christi meets the requirements of the Americans with Disabilities Act, workers' compensation laws, related federal and state laws, police and fire contracts, Civil Service Board and Commission rules, and other related City policies. In Fiscal Year 2023, Alliance Health Resources Mobile Division, Ltd. performed 2,109 drug tests, which included the routine drug testing for pre-employment per City policy as well as random drug testing per City policy. Random drug testing is mandated by Federal Law for safety sensitive and Department of Transportation (DOT) related positions. The randomly generated report of employees within these types of positions is sent from Alliance Health Resources Mobile Division, Ltd. to the City and employees are tested monthly to meet Federal guidelines. In addition to routine and random drug testing, occupational health services were provided in the previous agreement and will be provided in the proposed agreement. Occupational medical services include services rendered related to on-the-job injuries and return-to-work examinations. Employees may select from four approved healthcare providers in which they can be seen for work related injuries: Alliance Health Resources, NOVA, Concentra, and Doctor's Center. Occupational medical services also include any Fit for Duty examinations, and annual medical testing for Police Officers and Firefighters. These services include: Hearing, Vision, Physical Examination, Pulmonary Function Testing, Electrocardiogram Testing, and Chest x-ray. Alliance Health Resources Mobile Division, Ltd. is the incumbent firm. The City previously had a five-year agreement for drug and alcohol testing and occupational medical services. In total, $1,303,907.00, or 97.60%, of the total agreement amount ($1,333,531.00), was spent over the five-year agreement period. The previous agreement with Alliance Health Resources Mobile Division, Ltd. ended in August 2023. The City initiated a temporary service agreement with Alliance Health Resources Mobile Division, Ltd. in order to continue receiving the services while the RFP process was completed. Additional services are being added in the proposed agreement that were not available in the previous agreement. The additional services include expert witness and/or physician testimonies to aid and support in Civil Service Board rulings; specimen collection services outside of regular 8:00 AM to 5:00 PM work hours; and additional onsite occupational medical services for the City's Police and Fire employees. Alliance Health Resources Mobile Division, Ltd. does have an office in Corpus Christi. The City is satisfied with the services that have been provided by Alliance Health Resources Mobile Division, Ltd. through the previous five-year agreement with them. The City recommends continuing to work with them through the proposed five-year agreement. PROCUREMENT DETAIL: A Request for Proposal (RFP) was issued for new drug and alcohol testing and occupational medical services contract. The City received two proposals which were evaluated by the City's evaluation committee. The evaluation committee was comprised of four members, with representation from Fire, Police, Risk, and Human Resources. The evaluation committee rated each proposer and was scored according to 1) firm's experience, 2) understanding of project scope, 3) team identification, 4) local preference, and 5) price. Final scores were tabulated for each firm to determine the highest- ranking firm offering the best value to the City for drug and alcohol testing and occupational medical services. Alliance Health Resources Mobile Division, Ltd., is the highest-ranking firm and the incumbent firm. Prices for services from the previous agreement with Alliance Health Resources Mobile Division, Ltd. that will still be provided will remain the same price for the proposed agreement. ALTERNATIVES: The alternative is not to approve the five-year service agreement for Drug and Alcohol Testing and Occupational Medical Services; however, this would adversely affect the City by being out of compliance with the City's drug and alcohol policies and Federal mandates surrounding DOT and safety sensitive positions. FISCAL IMPACT: The City will be charged only when services are rendered.The City has approved FY 2024 funding in the amount of $327,158 from the Other Employee Benefits Fund. The remaining years of the agreement will be funded through the annual budget process. FUNDING DETAIL: Fund: 5614 Other Employee Fund Organization/Activity: 40540 Project # (CIP Only): N/A Account: 537211 Amount: $155,996.50 Fund: 5614 Other Employee Fund Organization/Activity: 40540 Project # (CIP Only): N/A Account: 537341 Amount: $171,161.50 RECOMMENDATION: Staff recommends approval of this motion authorizing execution of a five-year service agreement with Alliance Health Resources Mobile Division, Ltd., of Deer Park, Texas, for drug and alcohol testing and occupational medical services, as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP No.5001 Drug,Alcohol Testing,and Occupational Medical Services Summary Evaluation Matrix Sr. Buyer Marco Lozano Recommended Alliance Health Texas Industrial Proposal Evaluation Score Resources Mobile Medical Division,Ltd. Deer Park,Texas La Port,Texas Minimum Qualifications Pass Pass Required five years in business CtssjFCiEj v/ J No material lawsuits during last 5 years No material regulatory issues last 5 years P [s.... References Provided for firm Minimum Qualifications Pass/Fail Pass Pass Local Preference Points 10.0 5.0 5.0 Technical Proposal Firms' Experience 18.0 17.3 11.6 Team Experience 12.0 11.3 7.1 Understanding of Project Scope 10.0 10.0 6.3 Subtotal Technical Proposal 40.0 38.6 25.0 Competitive Range Subtotal 50.0 43.6 30.0 Interview Firms'Experience 8.0 8.0 5.5 Team Identification 10.0 9.4 8.8 Understanding of Project Scope 12.0 11.8 8.8 Subtotal Interview 30.0 29.2 23.1 Price Cost information 20.0 16.5 20.0 Subtotal Price 20.0 16.5 20.0 Total 100.0 89.3 73.1 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 �yV SC G° a 0 H SERVICE AGREEMENT NO. 5001 U Drug, Alcohol Testing, and Occupational Medical Services yeanaonn!e 1852 THIS Drug, Alcohol Testing, and Occupational Medical Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Alliance Health Resources Mobile Division, Ltd. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Drug, Alcohol Testing, and Occupational Medical Services in response to Request for Bid/Proposal No. 5001 ("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 Drug, Alcohol Testing, and Occupational Medical Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is five years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. Compensation and Payment. This Agreement is for an amount not to exceed $2,064,816.50, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: LaCresa Martin Department: Human Resources Phone: 361-826-3348 Email: LaCresaM@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 Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 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: LaCresa Martin Title: Senior Management Analyst Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3348 Fax: N/A IF TO CONTRACTOR: Alliance Health Resources Mobile Division, Ltd. Attn: Amy Strahan Title: Business Office Manager Address: 2910 Center Street, Deer Park, TX 77536 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Phone: (281 ) 479-6672 Fax: (281 ) 479-6594 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 Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 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. 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 Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 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. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 CONTRACTOR DocuSigned by: any sty . Signature: Printed Name Amy Strahan : Title: Director Medical services Date: 11/2/2023 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 5001 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Attachment A - Scope of Work I.I. General Requirements A. The Contractor shall provide drug testing, collection and laboratory services and medical review officer services as required by the City of Corpus Christi's Alcohol and Drug Testing Policies and Occupational Medical Services to meet the requirements of The Americans with Disabilities Act (ADA), workers' compensation laws, police and fire contracts and related state laws, Civil Service Board and Commission rules, and other related City policies. B. The Terms used in this Scope of Work are defined as follows: 1 . "Alcohol Testing" means a procedure using a breath device, that is approved by the National Highway Traffic Safety Administration and placed on a conforming products list, to determine whether an employee may have a prohibited concentration of alcohol in a breath or saliva specimen, except for as provided in the Police Department Alcohol Testing programs which shall be by blood test; 2. "Attachment" means a numbered exhibit to the Contract. 3. "C.A.P." means the College of American Pathologists - Forensic Drug Testing program; 4. "CDL" means a commercial driver's license issued by the Texas Department of Public Safety. 5. "City" means the City of Corpus Christi, Texas; 6. "City Council" means the City Council which is the Governing Body of the City of Corpus Christi, Texas; 7. "City Manager" means the chief executive officer of the City of Corpus Christi, Texas; 8. "Collection" means a urine specimen provided by an employee for a drug test; 9. "Collector" means an individual authorized to receive a collection. 10. "Commercial Vehicle Drivers" means employees of the City that possess a CDL. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 11 . "Contract" means the Drug and Alcohol Services Agreement between the City and Contractor based on this Request for Proposal; 12. "Director" means the City of Corpus Christi Director of Human Resources; 13. "DOT" means the United States Department of Transportation; 14. "Drug Testing" means a procedure performed on a urine specimen to identify and quantify the presence of a specific drug or drug metabolite. 15. "Laboratory" means a facility for drug testing that is certified for drug testing by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) of the United States Department of Health and Human Services, and is accredited by the College of American Pathologists - Forensic Drug Testing program; 16. "MRO" means Medical Review Officer; 17. "NHTSA" means the National Highway Traffic Safety Administration; 18. "NON-DOT" means policies or procedures not mandated by the Department of Transportation or covered under Collective Bargaining Agreements with the Police and Fire Unions. 19. "Policy or Policies" means an official City Policy or official City Policies approved by the City Manager; 20. "S.A.M.H.S.A." means the Substance Abuse and Mental Health Services Administration of the United States Department of Health and Human Services; 1.2. Scope of Work A. The Contractor shall provide a minimum of two collection sites (Facility) for Drug and Alcohol Testing or one collection site for Drug and Alcohol Testing and provide pick-up and delivery for Occupational Medical Services as described in Attachments I through IV. If only one collection site is provided, pick-up for occupational services must be within one hour of Contractor being notified of pick-up. Each instance of non-compliance will result in a deduction of a percent discount for each patient not picked-up within the hour after notification of pick-up. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 B. The Contractor shall provide a report detailing the percentage seen within the hour after notification, with an expectation of 90% or greater. Report must show names, notification time/pick-up time and be submitted to the City, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. C. Drug & Alcohol Testing - The City requires approximately 2766 drug tests and approximately 911 alcohol tests within a given twelve-month period, City- Wide. In addition, the Fire and Police Department requires approximately 450 drug tests per year and the Police Department requires approximately 271 alcohol tests per year. The City following requirements apply to drug and alcohol testing: 1 . The Contractor must use laboratories that are S.A.M.H.S.A.-certified and C.A.P.-accredited for the testing of ALL specimens collected under any of the Alcohol and Drug Policies covering City employees based on the policy of the City of Corpus Christi. 2. The Contractor will provide drug testing mandated by the United States Department of Transportation (DOT) for City Gas Department Employees. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for Gas Department Employees are contained in Attachment I. The DOT Laboratory Drug Testing Protocol for Gas Employees is contained in Attachment V-A. 3. The Contractor will provide for drug testing mandated by the DOT for Commercial Vehicle Drivers (CDL) for the City. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for CDL Employees are contained in Attachment I. The DOT Laboratory Drug Testing Protocol for CDL Employees is contained in Attachment V-A. 4. The Contractor will provide for alcohol and drug testing performed under the City-Wide Alcohol and Drug Testing Policy. The NON-DOT Specimen Collection Procedures for Drug Testing are contained in Attachment II. The NON-DOT Laboratory Drug Testing Protocol for City Wide Employees is contained in Attachment V-B. 5. The Contractor will provide for drug testing mandated by the DOT Alcohol and Drug Testing Policy for the Municipal Marina Employees. The DOT Specimen Collection Procedures for Drug Testing and DOT Alcohol Testing Procedures for Marina Employees are contained in Attachment I. The DOT Laboratory Drug Testing Protocol for Marina Employees is contained in Attachment V-A. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 6. The Contractor will provide for drug testing mandated by the respective Collective Bargaining Agreements and Alcohol and Drug Policies, for the Corpus Christi Police and Fire Departments. The NON-DOT Specimen Collection Procedures for Drug Testing and NON-DOT Alcohol Testing Procedures for the Fire and Police Departments are contained in Attachments III and IV, respectively. The Non-DOT Laboratory Drug Testing Protocol for the Fire and Police Departments is contained in Attachments V-C and V-D, respectively. 7. The Contractor will provide for Medical Review Officer (MRO) services. The MRO Services for Gas, CDL, Marina, City-Wide, including the Fire and Police Departments' requirements and MRO requirements are contained in Attachment VI. Any and all costs associated with provision of MRO services described in this scope of work are included/factored into the price schedule. 8. The Contractor will follow Custody and Control Procedures for drug testing under the Gas, CDL, Marina, City-Wide and Fire and Police Department Policies. The Contractor must comply with any revised Policies. 9. The Contractor shall provide a collection site(s) that meet the Facility requirements of Federal DOT and NON-DOT regulations and are clean, well-lit and secured as provided for in the Scope of Work Attachments. A collection site (Facility) complete with locker, lock and key which meets all requirements of Attachments I through IV incorporated herein is required for Police Department requirements. 10. The Contractor shall secure urine/blood specimen for drug testing or have completed breath alcohol test within 30 minutes of sign in. Each instance of non-compliance will result in a deduction of a percent discount for each patient not seen within 30 minutes of sign in. Contractor shall provide a report of urine/blood specimens collected or breath alcohol tests detailing the percentage seen within 30 minutes of sign in, with an expectation of 90% or greater. Report must show names, time in/time out, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. 11 . The Contractor shall provide full collection services to meet seasonal needs for full collection services, as required by the City, by staying open until 6 p.m. each day and/or being open on Saturdays. If after hour's drug/alcohol testing is required, calls must be returned as quickly as possibe. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 D. Occupational Medical Services - The City currently has 2343 civilian employees, 491 police officers and 446 firefighters. The City following requirements apply to occupational medical services: 1 . The Contractor shall provide Occupational Medical Services which meet requirements of The Americans with Disabilities Act (ADA), Workers' Compensation Laws, Police and Fire Contracts and related State Laws, Civil Service Board and Commission Rules, and other related City Policies. Facilities used in performing these services are required to meet public accessibility requirements of the ADA. 2. The City retains the sole responsibility for making employment decisions or deciding whether or not it is possible to make a reasonable accommodation for a person with a disability. 3. The Contractor shall provide Occupation services in a manner that allows patients to be released within one hour of sign in. Each instance of non- compliance will result in a deduction of a percent discount for each patient not seen within one hour of sign in or the Contractor shall provide a report detailing the percentage seen within one hour of sign in, with an expectation of 90% or greater. Report must show names, time in/time out, by the 15th of each month following the month for which it applies and shall be submitted with the invoice to which it applies. E. Post Offer Services- The Contractor shall provide post-offer medical examinations based upon detailed job descriptions provided to the Physician by Human Resources, and to advise Human Resources in writing whether there is any medical condition which precludes the individual from performing the essential functions of a job with or without reasonable accommodation, or which present an undue hardship, or a direct threat to the health or safety of the individual or others which cannot be eliminated by a reasonable accommodation. The City following requirements post offer services: 1 . Applicants for jobs who have been made an initial offer of employment with the City of Corpus Christi contingent upon the passing of a post offer examination will be scheduled by the Human Resources Department and sent to the Contractor's Facility. Temporary positions with work assignments of less than 30 workdays, except for those in labor intensive job classifications, shall be excluded from this requirement. City employees, excluding Police and Fire Personnel will receive a full physical examination post offer. 2. Appointments for physical examinations for applicants will be scheduled with the Contractor's Physician's Staff by Human Resources Department DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Staff. The applicant will be advised to bring with him/her any eyeglasses, contact lenses, and/or currently prescribed medications to optimize the performance of pre-placement evaluation. 3. Applicants will be asked to report to the Physician's Office on the date and 15 minutes early to allow time for completing their "Medical History Form". 4. Notice of all medical determinations on applicant post offer examinations shall be sent to the Human Resources Department on forms to be approved by the Director of Human Resources. The Contractor's Physician shall complete the Physician's Medical Evaluation Form. 5. The strict confidentiality of medical records must be maintained by the Contractor's Physician and his/her staff. Dissemination of information from the employee's City medical records is prohibited without the expressed, written consent of the employee. Access to official City medical records is limited to: the Occupational Medical Service Provider, Department of Human Resources, Texas Municipal Retirement System (TMRS) for disability retirement evaluations, City Attorney, the City's current or past Third Party Administrator and the treating physician. F. Occupational Injury related medical treatment - The Contractor shall provide medical care to employees injured on the job, and who choose to go to the Contractor's Facility and/or physicians' assistant. These services are indirectly related to this contract, as injured employees are in no way required by the City to choose the provider as their treating physician for a workers' compensation injury /illness. For injuries occurring during the Contractor's regular office hours, the supervisor/ designee will bring the employee to the Contractor's Facility if the employee so chooses. After receiving medical care, the Contractor will determine the treatment plan and whether or not the injured employee can return to work. G. Disability Review Committee - The City's Disability Review Committee which is designed to encourage timely recovery by employees from occupational and non-occupational injuries or illnesses and their timely return to work by providing medical assessments and recommendations. The following requirements apply to the Disability Reviews: 1 . The Contractor's Physician is required to provide disability job-related evaluations as requested by the Human Resources Director on behalf of the Disability Review Committee. The Contractor's Physician's role is limited to conducting medical examinations, as required, which are job-related and based on detailed job descriptions. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 2. It is the Contractor's Physician's responsibility to advise the City about each individual's functional abilities, by providing functional capacity exams and present limitations in relation to that required in safely performing the essential functions of the job the employee was hired to do and for alternate job placement. Referrals must be made in a timely manner. 3. The Contractor's Physicians shall have proper materials at meetings, such as patient files, etc. The Contractor's Physicians must be actively engaged in meetings, providing medical assessments and firm recommendations. 4. Disability Review Committee meetings are scheduled once per month, in the afternoon and may occasionally be called at other times, as necessary. 5. The Contractor's physician will be compensated under onsite services for reimbursement (including travel costs) for his/her required attendance at Disability Review Committee meetings. 6. The City will make payment to the Contractor's Physician at the rate listed in the schedule of pricing for legal testimony, for both the time spent actually testifying as well as the time spent waiting (at the location where the testimony is to be given) to be called to testify. Contractor's quoted fee per hour is all inclusive of any and all travel costs associated with the provision of testimony. H. Medical Examinations of City Employees - The Contractor shall provide medical examinations to include but not be limited to promotional, pre- assignment, annual, executive and return to work examinations on City employees, however such services must be job related and consistent with business necessity. Such medical examinations will be used to determine if there is any medical condition which precludes an individual from performing the essential functions of a job with or without reasonable accommodation, or which present an undue hardship or a direct threat to the health or safety of the individual or others which cannot be eliminated by reasonable accommodation. The following types of exams are to be provided under this Agreement: 1 . The Haz-mat physical exam components include: hazardous physical exam, vision titimus, EKG (after age 40), audiogram, Chem 20, blood lead ZPP, two-view chest x-ray and pulmonary function test. 2. Annual firefighter physical exam (required over age 40) includes: audiogram, physical exam, CBC, two-view chest x-ray, DIP/TET, EKG, grip strength, master chem., pulmonary function test, UA dipstick and vision Litmus. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. Annual police bomb re-certification physical exam includes: audiogram, physical exam, one-view chest x-ray, EKG, PPD (Mantoux), UA dipstick and vision Litmus. 4. Civilian physical pre-placement includes: audiogram, physical exam and DIP/TET. 5. Police physical pre-placement includes: audiogram, blood lead, two-view chest x-ray, grip strength, DIP/TET, EKG, two-view lumbar spine x-ray, vision Litmus and physical exam. 6. Firefighter physical pre-placement includes: PPD (Mantoux), pulmonary function test, vision Litmus, EKG, DIP/TET, audiogram and physical exam. 7. The Executive physical exam includes: EKG, prostatic specific antigen, audiogram, PPD (Mantoux), cardiac risk assessment, thyroid stimulation hormone, CBC, pulmonary function test, Chem 20, HIV-EIA, occult blood and physical exam. 8. Return-to-work exam - employees seen by clinic to verify clearance to return to work with or without restrictions. 1. Physician Services - In order to support open communication among employees, medical service providers, department managers, the City's Third Party Administrator, the City's Director of Human Resources in matters which directly relate to the services the Physician provides to the City, the following services will be provided by the Contractor: 1 . The Contractor shall provide independent job-related medical examinations of employees or applicants as directed by the City. 2. The Contractor shall provide legal depositions or testify at any administrative or court hearing, to include grievances, arbitrations, court trials, etc., related to any of the services provided by the Physician. These services are to be billed separately. 3. The Contractor shall provide medical reports as requested to include the following: a) Physician's first report of exam b) Progress Report c) Discharge Report d) Consultant referral report e) Referred doctor's report DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 f) Oral reports as requested by the City of Corpus Christi g) Work status Disposition report, including time in and time out, for each employee or applicant visit. 1.3. Documents and Invoicing. A. The Contractor shall complete all records as directed by the Director of Human Resources and be in compliance with applicable laws. Records will be retained by the Occupational Medical Services provider for a minimum of five years. All forms used must be approved by the Director of Human Resources. The Director of Human Resources reserves the right to modify any form. B. The Contractor shall provide storage for medical records in CONFIDENTIAL files in a locked cabinet or secured work area to ensure the security of the medical information. All medical information must be treated with the same confidentiality as required under HIPAA regulations. C. The Contractor shall provide monthly invoices for services rendered for each employee to be directed to the attention of the Director of Human Resources, said services to be clearly identified as to occupational related or non-occupational related. These services shall further be identified as pre- placement, return-to-work, non-occupational related, etc. To provide monthly invoicing which clearly and easily identifies dates of service, services provided, employees or prospective employees served, charges incurred and whether each service is occupational or non-occupational in nature. The Proposer shall not bill the City and the City shall not pay any late or administrative fees, penalties, charges or interest in conflict with law. D. The Contractor shall provide utilization reports (Management Reports) on a regular basis. An example of a utilization report might be a statistical report which reflects various demographic data pertaining to the services provided. Invoices shall reflect services rendered and a corresponding charge for billing and payment purposes. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT I DOT SPECIMEN COLLECTION PROCEDURES FOR DRUG TESTING AND DOT ALCOHOL TESTING PROCEDURES All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment I. Additional terms are defined herein. Each Collector and Breath Alcohol Technician ("BAT") is a Contractor/Service Provider's Agent. Contractor/Service Provider must comply with the Federal, State and local laws regarding Alcohol or Drug Test Procedures whether or not cited within. Contractor/Service Provider must provide a Specimen Collector (Collector) and Collection Facility (Facility) that complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week, including weekends and holidays for alcohol and drug testing Donors with specimen collection to be performed by qualified Contractor/Service Provider's Agent at a designated Contractor/Service Provider's facility, City Facility or as otherwise specified to the Contractor/Service Provider in writing by the Director of Human Resources ("Director"). The Collector will follow this procedure for each individual specimen collected for DOT drug testing or alcohol testing performed for the City of Corpus Christi (City) using an Evidentiary Breath Testing Device (EBT). It is the intent of the City that the collection procedures for all drug and alcohol testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug and alcohol testing programs, 40.61 CFR 40, Procedures For Transportation Workplace Drug and Alcohol Testing Programs). If problems arise during a specific collection, the Collector may ask the Donor to wait while the City's Director is contacted for a decision on the situation. If Donor refuses to wait, City's Director must be notified immediately. The Collector is responsible for maintaining the integrity of the specimen collection and transfer process and/or of the alcohol test and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks, which could be construed as accusatorial or otherwise offensive or inappropriate. Strict custody-and-control procedures for drug tests must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out specimen collections for drug testing following DOT regulations as cited, or shall be a licensed medical professional, or licensed technician, who is provided instructions for collection which comply with DOT regulations under 49 CFR 40. The BAT shall be trained to proficiency in the operation of the EBTs being used for initial and DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 confirmation breath alcohol testing and in the alcohol testing procedures of 49 CFR 40. Attachment I may be revised as required to meet revisions to 49 CFR 40, Procedures For Transportation Workplace Drug and Alcohol Testing Programs, and/or other revisions to DOT regulations, which apply to City applicants and employees. If revisions are made, the new Attachment I becomes effective upon the Human Resources Director filing it with the City Secretary and giving notice to the Collector. I. DRUG TESTING PROCEDURES: A. REQUIREMENTS OF COLLECTION SITE FOR DRUG TESTING: 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lit and secured as defined herein. 5. The Facility must have all required materials, personnel, and supervision required to provide drug testing in compliance with Federal Drug Testing Custody and Control procedures and to have available one male and one female Collector for monitoring collections. Forms (particularly the Chain-of-Custody (CCF)) used for the collection process must comply with requirements of the Department of Transportation, 49 CFR 40, as they may be amended, for Donors tested under DOT regulations. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 B. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector must contact the Director within thirty (30) minutes, if during a work day, 8a.m. - 6 p.m. on weekdays or at the beginning of the next work-day, if after hours, or on the weekend, to obtain guidance on the action to be taken. C. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. D. SPECIMEN COLLECTION PROCEDURE THE CITY OF CORPUS CHRISTI HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR COVERED DOT CITY EMPLOYEES. The use of the word "specimen" in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector shall not proceed with the collection. 2. Explain the collection procedure to the Donor. The collection is to be done as a 5-panel DOT collection (covering marijuana, cocaine, opiates, amphetamines and phencyclidine) as authorized by DOT regulations and City Policy. 3. The Donor must NOT be required to provide a list of any prescription or over-the-counter drugs, but may do so for his/her own information as a "memory jogger" for his/her own use only. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 4. The Donor will remove any unnecessary outer garments, such as coat, jacket, hat, etc. which could be used to tamper with or adulterate the Donor's specimen. The collector shall ensure that all personal belongings, such as purse or briefcase, remain with the removed outer garments. The Donor may retain his/her wallet. If the Donor requests, the Collector shall provide the Donor with a receipt for any personal belongings. 5. Donor is to wash his/her hands prior to urination in view of the Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials, which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the specimen container for this purpose which is suitable for the gender of the Donor. 7. The collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Collector, in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty-(30) ml shall be poured into one bottle, to be used as the Primary Specimen. Fifteen-(15) ml shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour 30 milliliter of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least 15 milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, including but not limited to, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least 45 milliliters of urine. If the Donor is unable to provide 45 milliliters of urine, the Collector shall direct the Donor to drink fluids and, after a reasonable period of time, attempt to provide a Specimen using a fresh specimen bottle and collection kit. The original specimen is to be discarded. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 If the Donor is still unable to give a 45-milliliter Specimen, the following rules will apply: 10. In the case of post-accident or reasonable cause drug testing (as defined by DOT regulations), the Donor shall remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. 11 . In the case of a pre-employment test or random test, or other test which is not for cause, (as defined by DOT regulations and City Policy), the City's Director shall be notified when the Donor is unable to provide 45 milliliters of urine after several hours, and the Director shall elect either to follow item j. above or to discontinue the collection and conduct a subsequent collection at a later time. 12. If the Donor cannot provide a complete Specimen within the 8-hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO shall report his/her conclusions in writing to the Director. 13.After the Specimen has been provided and submitted to the Collector, the Donor will be allowed to wash his/her hands. At this point, the tape may be removed from sink faucets and the commode may be flushed. With the Specimen in the presence of both the Donor and Collector, they may then proceed to another appropriate area to continue this procedure. 14. Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade, or 90.5-99.8 degree Fahrenheit, constitutes a reason to believe that the Donor has altered or substituted the specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion of Donor alteration or substitution of the Specimen. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 All specimens suspected of being adulterated at the time of collection must be forwarded to the laboratory for testing. 15.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, then the collector shall proceed as required under Section E, "Direct Observation". 16. Both the Donor and the Collector shall keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number, and any other identifying information provided. 17. In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 18.The Collector shall enter on the chain-of-custody form all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to all applicable Federal requirements. 19.The Donor will be asked to read and sign a statement on the drug CCF Specimen that he/she will be provided. 20.The Donor must sign the CCF, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Director. 21 .The Collector shall complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 22.The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 23.While any part of the custody-and-control procedures are being performed, it is essential that the urine Specimen and custody documents be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, he/she DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 shall take the Specimen and CCF with him/her, or shall secure them. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the specimen for mailing before leaving the Facility. 24.The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it, which contains the Donor's Specimen identification number (as shown on the Chain-Of-Custody Form) , attaching the tamper- proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Director, a new collection begun. E. DIRECT OBSERVATION Specimen collected, which is suspected of adulteration, must be forwarded to the laboratory for testing with the Collector documenting on the CCF his/her observations. The Director for covered DOT donors may authorize direct observation of a second specimen collection by a Collector of the same gender when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 - 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine concentration of less than 20 mg/dl and the specific gravity is less than or equal to 1 .001 or greater than or equal to 1 .020. 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Director must be informed within thirty-(30) minutes of the refusal if during normal workday, or at the beginning of the next work day if after hours, during a weekend or holiday, if the Donor refuses to give another specimen. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists -Forensic Drug Testing program. The Split DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Specimen must be placed in a shipping container designed to minimize the possibility of damage during shipment and the Split Specimen copy of the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering during transportation. On the tape sealing the shipping container, the Collector shall ensure that the CCF is attached or enclosed in each container sealed for shipment to the testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall inform the Director within thirty (30) minutes if a work day or at the beginning of the next day if after hours and shall document the non-cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORMS (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. RECORDS MAINTENANCE AND DISCLOSURE OF RECORDS The following information must be collected and provided to the City Part 199 and another for those tested under Part 382. These reports must contain the following information: the number of Donors who refused to submit to a controlled substances test; the number of DOT urine specimens collected by type of test (e.g. pre-employment, random, reasonable suspicion, post-accident); and the number of Donors with positive test results, with the positive test results further broken out to indicate positives by type of test and type of drug. One copy of each collection form completed for DOT drug testing must be forwarded to the Director within one workday. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 K. RECORD MAINTENANCE Records related to services provided under this Agreement must be maintained for five (5) years after termination or expiration of this Agreement. II. DOT-MANDATED ALCOHOL TESTING A. DEVICES TO BE USED FOR BREATH ALCOHOL TESTS: For breath alcohol screening and confirmation tests, Collector shall use Evidentiary Breath Testing Devices (EBTs) which meet the requirements of 49 CFR 40, as follows: EBTs must (1 ) have the capability of providing, independently, or by direct link to a separate printer, a printed result in triplicate (or three consecutive identical copies) of each breath test; (2) be capable of assigning a unique and sequential number to each completed test, printing that number on each copy of the test results, and the number being available for viewing by the Breath Alcohol Technician (BAT) and the Donor prior to the test being conducted; (3) be capable of printing out, on each copy of the result, the manufacturer's name for the device, the device serial number and the date and time of the test; (4) be able to distinguish alcohol from acetone at the 0.02 alcohol concentration level; (5) be capable of testing an air blank prior to the collection of breath and performing an external calibration check; (6) be listed on the NHTSA's "Conforming Products List of Calibrating Units for Breath Alcohol Tests." B. QUALITY ASSURANCE PLANS FOR EBTs EBTs used in either screening or confirmation alcohol testing must have a Quality Assurance Plan (QAP) developed by the manufacturer and maintained by the Collector which meets the requirements of 49 CFR 40 and which provides for the following: 1 . The QAP must designate the method or methods to be used in performing external calibration checks of the device. 2. The QAP must specify the minimum intervals for performing external calibration checks of the device. Intervals must be specified for different frequencies of use, environmental conditions, such as temperature, altitude, humidity, and contexts of operation. In addition, the City requires that Collector must immediately perform an official calibration check following each confirmed positive alcohol test by a Donor. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. The QAP must specify the tolerances on an external calibration check within which the EBT is regarded to be in proper calibration. 4. The QAP must specify inspection, maintenance, and calibration requirements and intervals for the device. 5. The QAP must have been submitted to NHTSA for review and have received NHTSA approval of the Plan. The Collector must comply with the NHTSA approved QAP for each EBT it uses for Alcohol screening or confirmation testing subject to this Agreement. The Collector must ensure that external calibration checks of each EBT are performed as provided in the QAP and upon obtaining a confirmed positive test result on a City Donor. The Collector must take an EBT out of service if any external calibration check results in a reading outside the tolerances for the EBT set forth in the QAP and shall not use the EBT for alcohol testing under this Agreement until it has been serviced and has had an external calibration check resulting in a reading within the tolerances for the EBT. The Collector must ensure that inspection, maintenance, and calibration of each EBT are performed by the manufacturer or a maintenance representative certified by the device's manufacturer or a state health agency or other appropriate state agency. The Collector shall ensure that each BAT, or other individual who performs an external calibration check of an EBT used for alcohol testing subject to this Agreement, has demonstrated proficiency in conducting such a check of the model EBT checked. The Collector shall maintain records of the external calibration checks of EBTs as provided in 49 CFR 40 and of calibration checks required by the City upon a confirmed positive test result on a Donor. The Collector, when not using the EBT at an alcohol testing facility, shall store the EBT in a secure location. C. THE BREATH ALCOHOL TESTING FORM REQUIREMENTS The Collector shall use the Alcohol Testing Form provided in the DOT Regulations, 49 CFR 40, or may use a form directly generated by an EBT which includes all aspects of the form except that the EBT form may omit the space for affixing a separate printed result to the form. D. QUALIFICATIONS OF THE BREATH ALCOHOL TECHNICIAN The Breath Alcohol Technician (BAT) must be trained to proficiency in the operation of the EBT to be used and in the alcohol testing procedures of 49 CFR 40. Proficiency must be demonstrated by successful completion of a course of instruction which, at a minimum, provides training in the principles of EBT methodology, operation, and calibration checks; the fundamentals of calibration checks; the DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 fundamentals of breath analysis for alcohol content; and the procedures required in 49 CFR 40 for obtaining a breath sample and interpreting and recording EBT results. Any BAT who performs external calibration checks of an EBT must be trained to proficiency in conducting the check on the particular model of EBT the Collector uses, which includes practical experience and demonstrated competence in preparing the breath alcohol simulator or alcohol standard, and in maintenance and calibration of that EBT. The Collector will document the qualifications of each BAT it uses to test Donors and maintain the documentation as provided in 49 CFR 40. E. LOCATION FOR BREATH ALCOHOL TESTING Alcohol testing must be conducted in a location which affords visual and aural privacy to the Donor being tested so that unauthorized persons cannot see or hear test results. All necessary equipment, personnel, and materials for breath testing must be provided at the location where testing is conducted. The BAT shall supervise only one Donor's use of the EBT at a time and shall not leave the testing location while the testing procedure for a given Donor is in progress. F. PREPARATION FOR BREATH ALCOHOL TESTING The Donor to be tested will be required to provide positive identification through the use of a photo I.D. card or by identification by a City representative. The BAT shall provide positive identification to the Donor and shall explain the testing procedure to the Donor. G. PROCEDURE FOR SCREENING TESTS The BAT must complete Step 1 on the Alcohol Testing Form and the Donor must complete Step 2 on the form and sign the certification. Refusal of the Donor to sign the certification in Step 2 will be regarded as a refusal to take the test. An individually sealed mouthpiece must be opened in view of the Donor and BAT and attached to the EBT in accordance with the manufacturer's instructions. The BAT shall instruct the Donor to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. The BAT will show the Donor the result of the screening test. In a case in which the result of the screening test is a breath alcohol concentration of less than 0.02, the BAT shall date the form and sign the certification in DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Step 3 of the form and the Donor shall date the certification and sign it in Step 4 of the form. If the Donor does not sign the certification in Step 4 of the form, it will not be considered a refusal to be tested. In this event, the BAT shall note the Donor's failure to sign or initial in the "Remarks" section of the form. If a test result printed by the EBT does not match the displayed result, the BAT shall note the discrepancy in the remark section and both the Donor and the BAT shall initial or sign the notation. In accordance with 49 CFR 40, the test is invalid and the Donor and the Director shall be so advised. No further testing is authorized. The BAT shall transmit the result of less than 0.02 to the Director in a confidential manner, which is approved by the Director. If the result of the screening test is an alcohol concentration of 0.02 or greater, a confirmation test shall be performed as provided in 49 CFR 40. The BAT who conducted the screening test shall complete and sign the form and provide the Donor with Copy 2 of the form. H. CONFIRMATION TESTS If a BAT other than the one who conducted the screening test is conducting the confirmation test, the new BAT shall follow 49 CFR 40, Procedures for Confirmation Tests, and will initiate a new Alcohol Testing Form for the confirmation test. Refusal by the Donor to sign this certification in Step 2 will be regarded as a refusal to take the test. An individually sealed mouthpiece must be opened in view of the Donor and the BAT and attached to the EBT in accordance with the manufacturer's instructions. The BAT shall instruct the Donor to blow forcefully into the mouthpiece for at least 6 seconds or until the EBT indicates that an adequate amount of breath has been obtained. Before the confirmation test is administered, the BAT shall ensure that the EBT registers 0.00 on an air blank. If the reading is greater than 0.00, the BAT shall conduct one more air blank. If that reading is greater than 0.00, testing shall not proceed using that EBT, but the test may proceed using another EBT. Any EBT taken out of service because of failure to perform an air blank accurately must not be used for testing until a check of external calibration is conducted and the EBT is found to be within tolerance limits. The BAT shall instruct the Donor not to eat, drink, and put any object or substance in his/her mouth and, to the extent possible, not belch during a waiting period before the confirmation test. The waiting period DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 begins with the completion of the initial screening test, and must not be less than 15 minutes or more than 30 minutes after the completion of the initial screening test. In the event the confirmation test results and the screening test results are not the same, the confirmation test result is deemed by DOT rules to be the final result upon which any personnel action is taken. The BAT shall show the Donor the result displayed on the EBT and the test result printed on the Form. Following the completion of the test, the BAT shall date the form and sign the certification in Step 3 of the Form, and the Donor shall sign the certification and fill in Step 4 of the Form. If the Donor does not sign the certification in Step 4 of the form, it shall not be considered a refusal to be tested because the Donor signed Step 2. In this event, the BAT shall then note the Donor's failure to sign or initial in the "Remarks" section of the form. If the confirmation test result printed does not match the display on the EBT, the BAT shall note the discrepancy in the remark section, the BAT and Donor shall initial or sign the notation. In accordance with 49 CFR 40, the test is invalid and the Director and Donor shall be advised within 30 minutes of the completion of the test, if during a workday or, at the beginning of the next workday, if after hours. The BAT shall transmit all results to the Director in a confidential manner in writing, in person, by telephone or electronic means, but the BAT shall ensure immediate transmission to the Director all alcohol test results that require the City to prevent the Donor from performing a safety-sensitive function. Regardless of how the results are transmitted, the Director shall receive a copy of Forms documenting the results of the tests. I. REFUSALS TO TEST AND UNCOMPLETED TESTS Any refusal by a Donor to complete and sign the Breath Alcohol Testing Form (Step 2), to provide breath, to provide an adequate amount of breath, or otherwise to fail to cooperate with the testing process which prevents the completion of the test, must be documented by the BAT in the remarks section of the form and the Director shall be notified immediately. If a screening or confirmation test cannot be completed, or if an event occurs that would invalidate the test, the BAT shall, begin a new screening or confirmation test, as applicable, using a new breath alcohol testing form with a new sequential test number. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 J. EMPLOYEES INABILITY TO PROVIDE AN ADEQUATE AMOUNT OF BREATH Whenever a Donor is unable, or alleges that he/she is unable, to provide an amount of breath sufficient to permit a valid breath test because of a medical condition, the following procedure must be used: 1 . The BAT shall instruct the Donor to attempt to provide an adequate amount of breath. If the Donor refuses to try, the BAT shall immediately inform the Director; 2. If the Donor attempts and fails to provide an adequate amount of breath, the BAT shall note it in the remarks section of the alcohol testing form and immediately inform the Director; 3. Within 5 days of being informed, the Director shall direct the Donor to obtain an evaluation from the City-designated Physician concerning the Donor's medical ability to provide an adequate amount of breath. If the City's designated Physician finds, with a high degree of probability, that the Donor has a medical condition which could have precluded the Donor from providing an adequate amount of breath, the Donor's failure to provide an adequate amount of breath will not be deemed a refusal to take a test. The City's designated physician shall provide the Director with a written statement of his/her conclusions. The City's designated physician must not include in the signed statement any detailed information of the employee's medical condition other than what is necessary to explain his/her conclusion. If the City's designated Physician cannot make such a determination, the Donor's failure to provide an adequate amount of breath will be regarded as a refusal to take a test and the City's designated Physician will provide the Director with a written statement of the basis for his/her conclusion. Upon receipt of the physician's statement, the Human Resources Director will notify the employee and take appropriate action under the City Policies. K. INVALID TESTS The City of Corpus Christi requires calibration checks immediately after and on the same date that a result of 0.02 or above is obtained on the EBT. A breath alcohol test is invalid under the following circumstances: 1 . The external calibration check of an EBT prior to testing Donor produces a result that differs by more than the tolerance stated in the Quality DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Assurance Plan (QAP) from the known value of the test standard. In this event, every Donor's test result of 0.02 or above obtained on the EBT since the last valid external calibration check is invalid. 2. The BAT does not observe the minimum 15-minute waiting period between the initial screening and the confirmation test, as required by DOT regulations. 3. The BAT does not perform an air blank of the EBT before a confirmation test, or an air blank does not result in a reading of 0.00 prior to or after the administration of the test, as provided in the DOT regulations. 4. The BAT does not sign the form as required by DOT regulations. 5. The BAT has failed to note in the remarks section of the form that the Donor has failed, or refused to sign the form following the recording, or printing on, or Attachment to the form of the test result. 6. An EBT fails to print a confirmation test result. 7. On a confirmation test and, where applicable, on a screening test, the sequential test number or alcohol concentration displayed on the EBT is not the same as the sequential test number or alcohol concentration on the printed result. L. AVAILABILITY AND DISCLOSURE OF ALCOHOL TESTING INFORMATION ABOUT INDIVIDUAL EMPLOYEES A Donor subject to alcohol testing is entitled, upon written request, to obtain copies of any records pertaining to the Donor's use of alcohol, including any records pertaining to his/her alcohol tests. The Director shall promptly provide the requested records and shall not make such records subject to payment. The Director shall make records available to a subsequent employer of the Donor upon receipt of Donor's written request. Disclosure by the subsequent employer is permitted only as expressly authorized by the terms of the Donor's written request. The Director may disclose information required to be maintained under DOT alcohol testing regulations pertaining to a Donor or to the decision-maker in a lawsuit, grievance, or other proceeding initiated by, or on behalf of, the Donor and arising from the results of an alcohol test administered under the requirements of DOT regulations. This includes, but is not limited to, worker's DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 compensation, unemployment compensation, or other proceeding relating to a benefit sought by the Donor. The Director shall release information regarding a Donor's records as directed by the specific, written consent of the Donor authorizing release of the information to an identified person. Release of such information is permitted only in accordance with the terms of the Donor's consent. M. RECORDS RETENTION, MAINTENANCE AND DISCLOSURE OF RECORDS CONCERNING EBTs AND BATs The City and the Collector, as its agent, shall maintain the following records for five (5) years after termination or expiration of this Agreement: 1 . Records of the inspection and maintenance of each EBT used in Donor testing; 2. Documentation of the Collector's compliance with the QAP for each EBT it uses for alcohol testing under DOT regulations; 3. Records of the training and proficiency testing of each BAT used in Donor testing The City and the Collector, as its agent, shall maintain records which pertain to the calibration of each EBT used in alcohol testing under DOT regulations, including records of the results of external calibration checks for five (5) years after termination or expiration of this Agreement. Records required to be maintained must be disclosed as indicated elsewhere in this procedure. Statistical data, of alcohol testing must be separately reported annually on the results of alcohol testing which met the requirements of all other applicable parts of Title 49 of the Code of Federal Regulation, which includes but is not limited to the following informational elements: 1 . Number of DOT screening alcohol tests by type of test broken out separately by drivers and other DOT employees; 2. Number of confirmation alcohol tests indicating an alcohol concentration of 0.02 or greater but less than 0.04 by type of test broken out separately by Drivers and other DOT employees; DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. Number of confirmation alcohol tests indicating an alcohol concentration of 0.04 or greater by type of test broken out separately by Drivers and other DOT employees; 4. Number of Donors who refused to submit to a DOT alcohol test broken out separately by Drivers and other DOT employees. One copy of each collection form completed for DOT alcohol and drug testing must be forwarded to the Director within one workday of the day tested. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT II CITY-WIDE NON-DOT SPECIMEN COLLECTION PROCEDURES FOR CITY-WIDE DRUG TESTING All defined terms used in the Drug and Alcohol Testing services Agreement apply to this Attachment II. Additional terms are defined herein. Each Collector and BAT is the Contractor/Service Provider's Agent. The Contractor/Service Provider must provide a specimen collector (Collector) and collection facility (Facility) that complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for drug and alcohol testing of Donors with specimen collection to be performed by qualified Contractor/Service Provider's Agent at a designated City Facility, or Contractor/Service Provider's Facility, or as otherwise specified to the Collector in writing by the Director. The Collector will follow this procedure for each individual specimen collection for non-DOT drug testing performed for the City of Corpus Christi (City). It is the intent of the City that the collection procedures for all drug testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug testing programs as embodied by, Section 49 CFR 40, except that a SAP10 (Substance Abuse Panel) split specimen will be used and breath alcohol tests may be performed upon request. If problems arise during a specific collection, Collector must ask the Donor to wait while the City's Director is contacted for a decision. The Collector is responsible for maintaining the integrity of specimen collection and transfer process and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks, which could be construed as accusatorial or otherwise offensive or inappropriate. Strict Custody and Control procedures must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out this function, or shall be a licensed medical professional or licensed technician, who is provided instructions for collection in compliance with this procedure which is patterned after the federal DOT program. Attachment II may be revised as required to incorporate revisions to City Policies, which impact this procedure. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 A. REQUIREMENTS OF COLLECTION FACILITY 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lit and secured as defined in this procedure. 5. The Facility must have all required materials, personnel and supervision required to provide valid Custody and Control procedures and to have available one male and one female Collector for monitoring collections. Forms used for the collection process must be comparable with Custody and Control requirements of the Department of Transportation as embodied in 49 CFR 40, as they may be amended, for Donors tested under DOT regulations for a 5 Panel. B. DIRECT OBSERVATION: All specimens collected which are suspected of adulteration, must be forwarded to the laboratory for testing with the Collector documenting his/her observations on the Chain-of-Custody Form (CCF). Direct observation of a second specimen collection by a Collector of the same gender may be authorized by the Director for covered Non-DOT Donors when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4- minutes) falls outside a temperature range of 90.5- 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. 2. If the Specimen has a specific gravity of less than 1 .003 and a creatinine concentration below .2g/L. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Director must be informed within thirty (30) minutes of the refusal if during the normal workday, or at the beginning of the next work day if after hours, during weekends or holidays if the donor refuses to give another specimen. 4. If the Donor is providing a specimen based on a previous positive drug screen done under City Policy and is now submitting a specimen for follow- up or return-to-work testing. C. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector will contact the Director within 30 minutes if during a workday or at the beginning of the next workday if after hours to obtain guidance on the action to be taken. D. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION FACILITY PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. E. SPECIMEN COLLECTION PROCEDURE THE CITY OF CORPUS CHRISTI HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR COVERED NON-DOT CITY EMPLOYEES. The use of the word specimen in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector shall not proceed with the collection. 2. Explain the collection procedure to the Donor. Confirm that the drug test is to be a substance Abuse 10 Panel (SAP 10) test (as defined in Attachment DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 V), and check on the CCF for the type of test, e.g. pre-employment, random, etc. as authorized by City Policy. 3. The Donor must NOT be required to provide a list of any prescription or over- the-counter drugs, but may do so for his/her own information as a "memory jogger" for his/her own use only. 4. The Donor must remove any unnecessary outer garments, such as a coat, jacket, hat, etc. which could be used to tamper with or adulterate the Donor's urine specimen. The Collector shall ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector shall provide the Donor with a receipt for any personal belongings. 5. The Donor is to wash hands prior to urination in view of Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials, which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the collection container for this purpose which is suitable for the gender of the Donor. 7. The Specimen collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Collector in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty-(30) ml shall be poured into one bottle, to be used as the Primary Specimen. At least 15 milliliters shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour 30 milliliter of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least 15 milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies 1, 2 and the split specimen copy of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least 60 milliliters of urine, the Collector shall direct the Donor to drink fluids and after a reasonable period of time, attempt to provide a Specimen using a fresh specimen bottle and collection kit. The original DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 collection Specimen is to be discarded. If the Donor is still unable to give a 45-milliliter Specimen, the following rules apply: • In the case of a post-accident or reasonable cause (as defined by DOT regulations) or post-accident or reasonable suspicion (as defined by applicable City policies), the Donor shall remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. • In the case of pre-employment test, random test, periodic test or other test not for cause as defined by City Policy, the City's Director shall be notified when the Donor is unable to provide 45 milliliters of urine after several hours, and the Director shall elect either to follow item (1) above or to discontinue the collection and conduct a subsequent collection at a later time. • If the Donor cannot provide a complete Specimen within the up-to-8- hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO shall report his/her conclusions to the Human Resources Director. 10. After the specimen has been approved and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the reason to believe the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 11 . Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of 4 minutes from the time of urination, and inspect the Specimen to determine if its color DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 and look indicates any signs of contaminants. Any unusual findings must be noted on the CCF. 12.Whenever there is reason is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as required in Section B, entitled "Direct Observation". 13. Both the Donor and the Collector shall keep in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number and any other identifying information provided. 14. In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 15.The Collector shall enter on the CCF all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to the applicable City requirements. 16.The Donor tested will be asked to read and sign a statement on the Chain- of-Custody form certifying that the Specimen identified as having been collected from him/her is in fact the Specimen he/she provided. 17.The Donor tested will be asked to sign the Chain-of-Custody Form, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Director. 18.The Collector shall complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 19.The urine Specimen and Chain-of-Custody Form are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 20.When any part of the chain-of-custody procedures are being performed, it is essential that the CCF be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, the Collector shall take the Specimen and Chain-of-Custody Form with him/her, or shall secure them. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 extended period of time, he/she will package the Specimen for mailing before leaving the Facility. 21 .The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it, which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Director, a new collection begun. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to the drug-testing laboratory. The Split Specimen must be placed in a shipping container designed to minimize the possibility of damage during shipment together with copies 1 and 2 of the Custody and Control of the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. On the tape sealing the shipping container, the Collector shall ensure that the custody-and-control documentation is attached or enclosed in each container sealed for shipment to the drug-testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall so inform the Director within 30 minutes of a workday or at the beginning of the next work day if after hours and shall document the non-cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORMS A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 J. ALCOHOL TESTING OF NON-DOT EMPLOYEES As directed by the Director, alcohol testing using evidentiary testing devices (EBTs) may be required for non-DOT applicants and employees and, if used, will follow comparable alcohol testing guidelines required for DOT covered applicants and employees except that a non-DOT EBT testing procedure, separate non-DOT requirements for statistical reporting, and a non-DOT Breath Alcohol Testing Form will be required. K. RECORD MAINTENANCE Records related to services provided under the Agreement must be maintained for five (5) years after termination or expiration of this Agreement. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT III Fire Department COLLECTION PROCEDURES FOR DRUG AND ALCOHOL TESTING All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment. Additional terms are defined herein. Each Collector is the Contractor/Service Provider's Agent. Contractor/Service Provider must provide a Specimen Collector (Collector) and Collection Facility (Facility) which complies with accessibility requirements of Title III of The Americans with Disabilities Act (ADA) that must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for drug and alcohol testing of Fire Department employees and applicants (collectively Donors) with specimen collection to be performed by qualified Contractor/Service Provider's Agent at designated City Facility(ies) or as otherwise specified to the Contractor/Service Provider in writing by the Fire Chief. The Collector will follow this procedure for each individual specimen collection for non-DOT drug testing performed for the Fire Department (Department). It is the intent of the Department that the collection procedure for all drug testing of Donors be consistent with and of the same level of precision required for the federally approved procedures for workplace drug testing programs, as contained in Section 49 CFR 40, except that a SAP 10 (Substance Abuse Panel) split specimen will be used and breath alcohol tests may be performed upon request. If problems arise during a specific collection, Collector must ask the Donor to wait while the Fire Chief, or designee, is contacted for a decision. If Donor refuses to wait, the Fire Chief must be notified immediately. The Collector is responsible for maintaining the integrity of the specimen collection and the transfer process and for carefully ensuring the modesty and privacy of each Donor. The Collector must avoid any conduct or remarks which could be construed as accusatorial or otherwise offensive or inappropriate. Strict custody-and-control procedures must be followed from pre-collection through shipment to the laboratory. Each Collector shall have successfully completed training to carry out this function, or shall be a licensed medical professional or licensed technician, who is provided instructions for collection in compliance with this procedure which is patterned after the federal DOT program. Attachment III may be revised as required to incorporate revisions to Fire Department polices which impact this procedure. If revisions are made, the new Attachment III becomes effective upon the Fire Chief filing it with the City Secretary and giving notice to Collector. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 A. REQUIREMENTS OF COLLECTION FACILITY 1. Random drug testing (urine specimen) will be done on-site. On-site refers to any Fire Station or any other Fire Department facility such as the Fire Department Training Facility or Headquarters Office. 2. Pre-employment testing, periodic testing, post-accident or reasonable suspicion shall be performed as provided in the Fire Department's Alcohol and Drug Policy at the Collector's Facility. 3. The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the restroom door to monitor, not observe the collection. 4. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 5. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by insuring that other persons are not present, ensuring that there is no undetected access through any other doors, and posting signs restricting access to authorized personnel during the entire collection process. 6. The Facility must be clean, well lit and secure as defined herein. 7. The Facility must have all required materials, personnel and supervision required to provide valid custody-and-control procedures and to have available one male and one female Collector necessary for monitoring collections. Forms used for the collection process must be comparable with custody-and-control requirements of the Department of Transportation, as set forth in Title 49 of the Code of Federal Regulations, for Donors tested under DOT regulations. 8. The Fire Department shall be responsible for meeting collection Facility requirements in A., 3., 5., and 6. of this Attachment for on-site random drug testing. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 B. DIRECT OBSERVATION: All specimens collected which are suspected of adulteration must be forwarded to the laboratory for testing with the Collector documenting on the Chain-of-Custody Form (CCF) his/her observations. Direct observation of a second specimen collection by a Collector of the same gender may be authorized by the Fire Chief for Donors for drug testing when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 to 99.8 degrees Fahrenheit, or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine Concentration below .2g/L. 3. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Fire Chief must be informed within thirty (30) minutes of the refusal if during the normal workday, or at the beginning of the next workday if after hours, during weekends, or holidays if the Donor refuses to give another specimen; or 4. If the Donor is providing a specimen based on a previous positive drug screen done under Fire Department Policy and is now submitting a specimen for follow-up or return-to-work testing. C. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector will contact the Fire Chief within thirty (30) minutes if during a work day or at the beginning of the next work day if after hours, to obtain guidance on the action to be taken. D. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION FACILITY PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE 1 N A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTI NG THE SPECIMEN. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 E. SPECIMEN COLLECTION PROCEDURE THE FIRE DEPARTMENT HAS ELECTED TO USE A "SPLIT SAMPLE" METHOD OF COLLECTION FOR ALL DRUG TESTS CONDUCTED FOR FIRE DEPARTMENT EMPLOYEES COVERED BY THE FIRE DEPARTMENT'S ALCOHOL AND DRUG POLICY. The use of the word "specimen" in this procedure is deemed as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: 1 . Positively identify the Donor as the person selected for testing. Ask Donor for photo I.D. which can be an employee's photo identification, driver's license with photo, or if no photo identification is available, positive identification by a Fire Department official. If identification cannot be established, the Collector shall not proceed with the collection. 2. Explain the collection procedure to the Donor. Confirm that the drug test is to be a Substance Abuse 10 Panel (SAP 10) test and check on the CCF for the type of test, e.g. pre-employment, random, etc. as authorized by the Department. 3. The Donor must NOT be required to provide a list of any prescription or over- the-counter drugs but may do so for his/her own information as a "memory jogger" for his/her own use only. 4. The Donor must remove any unnecessary outer garments, such as a coat, jacket, hat etc. which could be used to tamper with or adulterate the Donor's urine specimen. The Collector shall ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector shall provide the Donor with a receipt for any personal belongings. 5. Donor must wash hands prior to urination in view of Collector prior to the collection, and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector shall provide the collection container for this purpose which is suitable for the gender of the Donor. 7. The Specimen Collection kit is to be opened in front of the Donor by the Collector. The Donor shall urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Collector, in the presence of the Donor, shall pour the urine into two specimen bottles. Thirty (30) ml shall be poured into one bottle, to be DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 used as the Primary Specimen. At least fifteen (15) milliliters shall be poured into the other bottle, to be used as the Split Specimen. If a single specimen bottle is used as a collection container, the Collector shall pour thirty (30) milliliters of urine from the specimen bottle into a second specimen bottle to be used as the Primary Specimen and retain the remainder of at least fifteen (15) milliliters in the collection bottle to be used as the Split Specimen. Both bottles shall be shipped in a single shipping container, together with copies 1 , and 2 of the CCF, to the laboratory. 8. The Collector shall note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, e.g. color, odor, and temperature. 9. Upon collecting the Specimen, the Collector will determine if the container contains at least forty-five (45) milliliters of urine. If the Donor is unable to provide forty-five (45) milliliters of urine, the Collector shall direct the Donor to drink fluids and, after a reasonable period of time, attempt to provide a Specimen using a fresh specimen bottle and collection kit. The original collection Specimen is to be discarded. If the Donor is still unable to give a 45 milliliter Specimen, the following rules will apply: (a) In the case of random testing (at a Fire Department Facility) the unsuccessful Donor or Donors shall be allocated an additional fifteen (15) minutes after the last successful Donor. If Donor(s) are not able to submit the required amount of specimen, Donor(s) shall be transported by fire personnel to the Collectors Facility in order to continue attempting to provide specimen. The Donor(s) shall continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to 8 hours from the beginning of the collection procedure. (b) In the case of a post-accident or reasonable suspicion (as defined by the Fire Department's Alcohol and Drug Policy), the Donor must remain at the Collector's Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided, or until the expiration of a period of up to eight (8) hours from the beginning of the collection procedure. (c) In the case of a pre-employment test, random test, periodic test or other test not for cause as defined by the Fire Department Policy, the Fire Chief shall be notified when the Donor is unable to provide forty- five (45) milliliters of urine after several hours, The Fire Chief shall elect either to follow item (1) above or to discontinue the collection and conduct a subsequent collection at a later time. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 (d) If the Donor cannot provide a complete Specimen within the 8-hour period or at the subsequent collection, as applicable, then the Contractor/Service Provider's MRO shall refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide Specimen. The MRO shall report his/her conclusions to the Fire Chief. 10.After the Specimen has been provided and submitted to the Collector, the Donor will be allowed to wash his/her hands. At this point, sink faucets may be untapped and the commode flushed. With the Specimen in the presence of both the Donor and Collector, they may then proceed to another appropriate area to continue this procedure. 11 . Immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector shall measure the temperature of the Specimen within a maximum time of four (4) minutes from the time of urination, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Any unusual finding must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade or 90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion to believe the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 12.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as required in Section B, entitled "Direct Observation". With the Fire Chief's approval, a second Specimen shall be obtained as soon as possible under the direct observation of a same gender Collector. 13. Both the Donor and the Collector shall keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label which contains the date, the Donor's Specimen number, and any other identifying information provided. 14. In the presence of both parties, the Donor shall initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 15.The Collector shall enter on the CCF all information identifying the Specimen. The Collector shall sign the CCF certifying that the collection was accomplished according to the applicable Department requirements. 16.The Donor tested shall be asked to read and sign a statement on the CCF certifying that the Specimen identified as having been collected from his/her is in fact the Specimen he/she provided. 17.The Donor tested is to sign the CCF which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Fire Chief, or designee. 18.The Collector shall complete the Control-and-Custody portion of the CCF to indicate receipt of the Specimen from the Donor and shall certify proper completion of the collection. The Donor may now leave. 19.The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector shall ensure that it is appropriately safeguarded during temporary storage. 20.While any part of the custody-and-control procedures is being performed, it is essential that the custody-and-control be under the monitored of the involved Collector. If the involved Collector leaves his/her work station momentarily, the Collector shall take the Specimen and CCF with him/her, or shall secure them. After the Collector returns to the work station, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the Specimen for mailing before leaving the Facility. 21 .The Collector shall not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection shall be nullified and, upon direction of the Fire Chief a new collection begun. F. TRANSPORTATION TO LABORATORY The Collector shall arrange to ship the Split Specimen to a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program. The Split Specimen must be placed in a shipping container designed to minimize the possibility of damage during DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 shipment. The shipping container must be securely sealed to eliminate the possibility of undetected tampering during transportation. On the tape sealing the shipping container, the Collector shall ensure that the CCF is attached or enclosed in each container sealed for shipment to the testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector shall inform the Fire Chief within thirty (30) minutes if a work day or at the beginning of the next day, if after hours, and shall document the non- cooperative behaviors on the CCF. H. DONORS REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORM (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every person in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. ALCOHOL TESTING OF EMPLOYEES UNDER THE FIRE DEPARTMENT'S ALCOHOL AND DRUG POLICY 1 . Breath samples must be taken only by qualified medical personnel. Qualified medical personnel means: a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law. 2. The same CCF used for Drug testing under this Agreement must be used for breath alcohol testing under this Policy, except that under "type of test", "other" is selected and breath alcohol" is written on the form next to "other." This CCF must be used for each Breath Sample from the time of collection through the authorized disposition of the specimen. 3. The Samples are taken using certified Breath Alcohol Testing Protocol that shall be consistent with that set forth in Title 49 of the DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Code of Federal Regulation, including but not limited to the following steps: (a) The Collector shall use an Evidential Breath Testing Device (EBT), which is a device approved by NHTSA for the evidential testing of breath at the .02 and .04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the model specifications available from NHTSA's Traffic Safety Program. (b) If the employee is going to take a drug test as well, the alcohol breath test should be completed before the urine collection, process begins. The employee should sign off that Alcohol Testing Form (ATF) prior to beginning of the initial test. (c) An individually wrapped and sealed mouthpiece shall be opened for the testing and in view of the employee, in accordance with the manufacturer's instructions. (d) An employee shall blow steadily and forcefully into the mouthpiece for at least 6 seconds or until an adequate amount of breath has been obtained. (e) The employee shall be shown the displayed result. (f) The results shall be printed and or recorded on the ATF. (g) If the result is in concentration of less than 0.02, then the ATF shall be signed and dated. (h) If the Donor's results are 0.02 or greater, there is a fifteen (15) minute waiting period for a confirmation test. After the second confirmation test, the test results are printed on the same form and the employee signs step IV of the form. (i) Employee is to sign the ATF, step IV if the concentration test is 0.02 or higher. (j) Once the procedures are being performed, the collector does not leave the work station until the test is completed. (k) The Breath Sample Results are released to the Fire Chief, or designee. K. RECORDS PROCEDURES DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 1 . Requests for employment verification or references for an individual terminated under Fire Department policy must be forwarded to the City of Corpus Christi Human Resources Department for response. For Texas Employment Commission hearing on granting unemployment insurance, the Fire Chief must cite a rules violation as the reason for termination and will supply a copy of the letter of termination which states specific reasons. Where there is doubt about the release of information, the City's Legal Department will be consulted for guidance. 2. Records related to services provided under this Agreement must be maintained for five (5) years after termination or expiration of this Agreement. 3. A Donor subject to drug and alcohol testing is entitled, upon his/her written request, to obtain copies of any records pertaining to the Donor's use of drug and alcohol, including any records pertaining to his/her drug and alcohol tests. The Fire Chief, or designee, must promptly provide the requested records and must not make such records subject to payment. The Fire Chief, or designee, must release information regarding a Donor's records as directed by the specific, written consent of the Donor authorizing release of the information to a person identified by the Donor. Release of such information is permitted only in accordance with the terms of the Donor's consent. L. STATISTICAL DATA REPORTING The Collector must provide to the Fire Chief a monthly statistical data report maintained annually on a calendar year basis, which summarizes the results of drug and alcohol testing and must include the following informational elements: 1 . Number of drug tests performed monthly and cumulative. 2. Number of alcohol tests performed monthly and cumulative. 3. Number of confirmed positive drug tests monthly and cumulative subdivided by drug type. 4. Number of confirmed positive alcohol tests monthly and cumulative. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT IV POLICE DEPARTMENT PROTOCOL FOR DRUG TESTING A Specimen Collector (Collector) and Collection Facility (Facility) which complies with accessibility requirements of Title III of The Americans With Disabilities Act (ADA) must be available, upon pager notification, 24-hours a day, 7 days a week including weekends and holidays for alcohol and drug testing of City of Corpus Christi Police Department employees and applicants (collectively "Donors"). Specimen collection shall be performed by the qualified Contractor/Service Provider's staff at the Contractor/Service Provider's Facility, City Facility or as otherwise specified to the Contractor/Service Provider in writing by the Chief of Police, or designee. The Contractor/Service Provider (as defined in the Drug Testing Services Agreement) must conduct background investigations on laboratory and collection personnel involved in the collection of samples or handling of unsealed samples collected from a City of Corpus Christi Police Officer. The Contractor/Service Provider must not use employees to perform services under this Agreement who have been arrested by members of the City of Corpus Christi Police Department and/or who have been convicted of a felony or misdemeanor crime involving dishonest conduct or the possession of illegal drugs. Drug testing under this Agreement includes: pre-employment, assignment, reasonable suspicion, physical examination for return to duty, post-accident, post- firearm discharge, and random testing as defined in the Police Department's Alcohol and Drug Testing Policy. Protocols and procedures must follow the requirements of S.A.M.S.H.A. and C.A.P. All laboratories must be certified by S.A.M.S.H.A. and accredited by C.A.P. If problems arise during a specific collection, the Donor must be asked to wait while the Chief of Police, or designee, is contacted for a decision on the situation. If Donor refuses to wait, the Chief of Police must be notified at the beginning of the next workday if after hours and within 30 minutes if during the normal workday. I. DRUG TESTING PROCEDURES: A. REQUIREMENTS OF THE COLLECTION SITE FOR DRUG TESTING: 1 . The Facility must contain an enclosure within which private urination can occur, a toilet for completion of urination, a suitable clean surface for writing, and a source of water for washing hands. The Facility must allow for the Collector to wait outside the enclosure to monitor, not observe the collection. 2. The Collector actually monitoring the collection of a urine specimen must, in all cases, be of the same gender as the Donor providing the specimen. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 If using a public restroom, the Collector is to remain in the restroom, but outside the stall, until the specimen is collected and must be of the same sex as the Donor providing the specimen. 3. If the Facility cannot be dedicated solely to drug testing, the portion used for testing must be secured during drug testing by ensuring other persons are not present, ensuring that there is no undetected access through any rear doors, and posting signs restricting access to authorized personnel during the entire collection process. 4. The Facility must be clean, well-lighted and secured as defined herein. 5. The Facility must have all materials, personnel, and supervision required to provide valid Chain-of-Custody procedures and to have available one male and one female Collector necessary for monitoring collections. 6. The Facility must provide sufficient lockers for Police Officers being drug tested to store their weapon, holster belt, radios, etc. The Police Officer is to be given the lock and key. The Police Officer will secure the lock and retain the key throughout the specimen collection process. B. FAILURE OF DONOR TO REPORT FOR DRUG TESTING AS SCHEDULED If the Donor does not report at the assigned time for drug testing, the Collector must contact the Chief of Police, or designee, within thirty (30) minutes if during workday, or at beginning of next workday if after hours, to obtain guidance on the action to be taken. C. COLLECTION PROCEDURES PREPARATION OF THE COLLECTION SITE PRIOR TO THE PRESENCE OF THE DONOR MUST INCLUDE: ADDING BLUING AGENTS IN TOILET TANKS AND BOWLS SO THAT THE WATER REMAINS BLUE; TAPING OFF OTHER SOURCES OF WATER, OR IF THE COLLECTION IS TAKING PLACE IN A RESTROOM WITH ONE OR MORE STALLS, THE COLLECTOR (OF SAME SEX OF DONOR) WILL MONITOR TO ENSURE SUCH WATER SOURCE IS NOT USED FOR DILUTING THE SPECIMEN. D. SPECIMEN COLLECTION PROCEDURE A "SPLIT SAMPLE" SPECIMEN COLLECTION FOR ALL DRUG TESTS CONDUCTED WILL BE USED. The use of the word "specimen" in this procedure is defined as split specimen unless otherwise designated. The following procedure is to be followed in each split specimen collection: DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 1. Collector must positively identify the Donor as the person selected for testing. Ask Donor for a photo I.D. which can be an identification badge with photo, Driver's License with photo, or if no photo identification is available, positive identification by a City official. If identification cannot be established, the Collector must not proceed with the collection. 2. Collector must explain the collection procedure to the Donor. A ten (10) panel drug test must be required as set out in the Police Department's Alcohol and Drug Policy to include: Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiate Metabolites, Phencyclidine, and Propoxyphene, and must be collected using the specific CCF form which has been approved by the Chief of Police, or designee. A Targeted Anabolic Steroid Profile must also be required as set out in the Police Department's Alcohol and Drug Policy and must be collected using the specific CCF form which is approved by the Chief of Police, or designee. 3. The Donor is NOT required to provide a list of any prescription or over-the-counter drugs. 4. The Donor will remove any unnecessary outer garments, such as a coat,jacket. hat, weapon, holster belt, radios, etc. which could be used to tamper with or adulterate the Donor's Specimen and place them in a locker provided for that purpose and will be given a lock and key for that locker. The Donor will retain the key throughout the specimen collection process. The Collector must ensure that all personal belongings, such as a purse or briefcase, remain with the outer garments. The Donor may retain his/her wallet. If the Donor requests it, the Collector must provide the Donor with a receipt for any personal belongings. 5. Donor is to wash hands prior to urination in view of Collector and is to remain in the presence of the Collector without access to any water fountain, faucet, soap dispenser, cleaning agent or any other materials which could be used to adulterate the Specimen. 6. The Donor may provide his/her Specimen in the privacy of a stall or otherwise partitioned area that allows for individual privacy. The Collector must provide the specimen container for this purpose, which is suitable for the gender of the Donor. 7. In cases of pre-employment, pre-assignment, reasonable suspicion, return-to-duty, post-accident, and post-firearm discharge testing, the collection kit is to be opened in front of the DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Donor by the Collector. The Donor must urinate into a collection container or a specimen bottle capable of holding at least 60 milliliters. If a collection container is used, the Donor, in the presence of the Collector, must pour the urine into two specimen bottles. Thirty-(30) ml. must be poured into one bottle, to be used as the Primary Specimen. At least 15 milliliters must be poured into the other bottle, to be used as the Split Specimen. Contractor/Service Provider must ship both bottles in a single shipping container, together with copies 1, and 2 of the CCF, to the laboratory. 8. In the case of random testing, the collection kit is to be opened in front of the Donor by the Collector. The Donor must urinate into a collection container or a specimen bottle capable of holding at least 90 ml. If a collection container is used, the Donor, in the presence of the Collector, must pour the urine into four (4) specimen bottles (two (2) for the ten (10) panel drug test and two (2) for the steroid test). Thirty (30) ml. must be poured into one bottle, to be used as the Primary Specimen for testing under a ten (10) panel drug test. At least 15 ml. must be poured into the other bottle, to be used as the Split Specimen for the ten (10) panel drug test. Thirty (30) ml. must also be poured into one bottle, to be used as the Primary Specimen for the steroid testing. At least 15 milliliters must also be poured into the other bottle, to be used as the Split Specimen for the steroid test. Contractor/Service Provider must ship two (2) bottles for the ten (10) panel drug test in a single shipping container, together with copies 1, and 2 of the CCF, to the designated laboratory. The Contractor/Service Provider must also ship the remaining two (2) bottles for the steroid test in a single shipping container, together with copies 1, and 2 of the CCF, to the designated laboratory. 9. The Collector must note any unusual behavior by the Donor or unusual appearance of the urine on the CCF, (e.g. color, odor, and temperature.) 10. Upon collecting the Specimen for pre-employment, pre- assignment, reasonable suspicion, return-to-duty, post-accident, and post-firearm discharge testing, the Collector will determine if the containers contains at least 45 ml of urine. If the Donor is unable to provide 45 ml of urine, the Collector will direct the Donor to drink not more than 40-ounces of fluids and, after a period of up to two hours, again attempt to provide a complete Specimen using a fresh specimen bottle and collection kit. The original insufficient specimen must be discarded. The Donor must remain at the Facility. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 11 . Upon collecting the Specimen for random testing, the Collector will determine if the containers contains at least 90 ml of urine. If the Donor is unable to provide 90 ml of urine, the Collector will direct the Donor to drink not more than 40-ounces of fluids and, after a period of up to two hours, again attempt to provide a complete Specimen using a fresh specimen bottle and collection kit. The original insufficient specimen must be discarded. The Donor must remain at the Facility. If the Donor is still unable to give 45-milliliters of specimen for pre- employment, pre-assignment, reasonable suspicion, return-to- duty, post-accident, and post-firearm discharge testing, or 90- milliliters of specimen for random testing, the following rules will apply: (a) In the case of post-accident, reasonable suspicion, or random drug testing, the Donor must remain at the Facility and continue to consume reasonable quantities of fluids until the Specimen has been provided. (b) In the case of a pre-employment test or other test, which is not for cause, Chief of Police, or designee, must be notified when the Donor is unable to provide sufficient specimen after several hours. The Chief of Police, or designee, must elect either to follow item (1 ) above or to discontinue the collection and conduct a subsequent collection at a later time. (c) If the Donor cannot provide a complete Specimen initially or at the subsequent collection, as applicable, then the City's MRO must refer the Donor for a medical evaluation to develop pertinent information concerning whether the Donor's inability to provide a Specimen is genuine or constitutes a refusal to provide a Specimen. The MRO must report his/her conclusions in writing to the Chief of Police. 12.After the Specimen has been provided and submitted to the Collector, as described in Number 7 of this Section, the Donor may wash his/her hands. At this point, sink faucets may be untaped and the commode flushed. With the Specimen in the presence of both the Donor and Collector, the Collector may then proceed to another appropriate area to continue this procedure. 13.Within four (4) minutes from the time of urination and immediately after the Specimen has been provided and submitted to the Collector, and in the presence of the Donor, the Collector must DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 measure the temperature of the Specimen, and inspect the Specimen to determine if its color and look indicates any signs of contaminants. Collector must note any unusual findings must be noted on the CCF. A specimen temperature outside the range of 32.5-37.7 degrees Centigrade/90.5-99.8 degrees Fahrenheit constitutes a reason to believe that the Donor has altered or substituted the Specimen. In such cases, the Donor supplying the Specimen may volunteer to have his or her oral temperature taken to provide evidence to counter the suspicion that the Donor may have altered or substituted the Specimen. All specimens suspected of being adulterated must be forwarded to the laboratory for testing. 14.Whenever there is reason to believe that a particular Donor has altered or substituted the Specimen, proceed as stated in Section E, "Direct Observation". With the Chief of Police's, or designee's, approval a second split Specimen must be obtained as soon as possible under the direct observation of a same gender Collector. 15. Both the Donor and the Collector must keep the Specimen in view at all times prior to the Specimen being sealed with a tamper proof seal and labeled. Both parties are to remain in the presence of the Specimen while the Collector places an identification label, which contains the date, the Donor's Specimen number, and any other identifying information provided. 16. In the presence of both parties, the Donor must initial the identification label on the Specimen bottle for the purpose of certifying that it is the Specimen collected from him/her. 17.The Collector must enter on the CCF all information identifying the Specimen. The Collector must sign the CCF certifying that the collection was accomplished according to the applicable requirements of the Drug Testing Services Agreement. 18.The Donor must be asked to read and sign a statement on the drug CCF certifying that the Specimen identified as having been collected from him/her is in fact the Specimen he/she provided. 19.The Donor must sign the CCF, which authorizes the collection of the Specimen, analysis of the Specimen for designated controlled substances, and release of the results to the Chief of Police. 20.The Collector must complete the custody-and-control portion of the CCF to indicate receipt of the Specimen from the Donor and must DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 certify proper completion of the collection. The Donor may now leave. 21 .The urine Specimen and CCF are now ready for shipment. If the Specimen is not immediately prepared for shipment, the Collector must ensure that it is appropriately safeguarded during temporary storage in a secured area. 22.While any part of the custody-and-control procedures is being performed, it is essential that the urine Specimen and custody documents be under the control of the involved Collector. If the involved Collector leaves his/her workstation momentarily, the Collector must secure the urine Specimen in a locked cabinet. After the Collector returns to the workstation, the custody process will continue. If the Collector is leaving for an extended period of time, he/she will package the specimen for mailing before leaving the Facility. 23.The Collector must not leave the Facility in the interval between presentation of the Specimen by the Donor and securing the Specimen. The Specimen is secured by placing an identifying label on it which contains the Donor's Specimen identification number (as shown on the CCF), attaching the tamper-proof seal, and obtaining the Donor's initials on the seal. If it becomes necessary for the Collector to leave the Facility during this interval, the collection is nullified and, upon direction of the Chief of Police or designee, a new collection begun. 24.The specimens collected must be maintained in a locked refrigerator or locked storage container until picked up by the courier. E. DIRECT OBSERVATION All specimens collected that are suspected of adulteration must be forwarded to the laboratory for testing with the Collector documenting on the CCF his/her observations. Direct observation of a second specimen collection by a Collector of the same gender must be authorized by the Chief of Police, or designee, for Donors when the following conditions exist: 1 . When the temperature (which must be taken within a maximum of 4 minutes) falls outside a temperature range of 90.5 to 99.8 degrees Fahrenheit or 32.5-37.7 degrees Centigrade. 2. If the specimen has a specific gravity of less than 1 .003 and a creatinine concentration below .2g/L. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. If the Collector observes conduct clearly and unequivocally indicating an attempt to substitute or adulterate the specimen, a second specimen is to be obtained and the Chief of Police notified in writing of the circumstances. If the Collector suspects that the specimen has been tampered with in any way, another specimen must be obtained before the Donor is allowed to leave. The Chief of Police must be informed within thirty (30) minutes of the refusal if during the normal workday or at the beginning of the next work day if after hours, during weekends, or on holidays, if the Donor refuses to give another specimen. F. TRANSPORTATION TO LABORATORY The Collector must arrange to ship the Split Specimen to the drug- testing laboratory. The Split Specimen must be placed in a single shipping container designed to minimize the possibility of damage during shipment together with copies 1, and 2, and the CCF. The shipping container must be securely sealed to eliminate the possibility of undetected tampering. The Collector must ensure that the CCF documentation is enclosed in each container sealed for shipment to the drug-testing laboratory. G. FAILURE OF DONOR TO COOPERATE If the Donor refuses to cooperate with the collection process, the Collector must inform the Chief of Police within 30 minutes if it is a workday or at the beginning of the next workday if after hours, and must document the uncooperative behaviors on the CCF. H. DONOR REQUIRING MEDICAL ATTENTION If the Specimen is being collected from a Donor in need of medical attention (e.g. as part of a post-accident test given in a clinic or emergency medical facility), necessary medical attention must NOT be delayed in order to collect a Specimen. I. USE OF CHAIN-OF-CUSTODY FORM (CCF) A CCF must be used for maintaining control and accountability of each Specimen from the point of collection to final disposition of the Specimen. The date and purpose must be documented on the CCF each time a Specimen is handled or transferred and every individual DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 in the chain must be identified in writing on the CCF. Every effort must be made to minimize the number of persons handling Specimens. J. RECORD MAINTENANCE Records related to services provided under this Agreement must be maintained for 5 years after termination or expiration of this Agreement, or if a lawsuit or arbitration is pending, until there is a final judgment and all appeals have been exhausted. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK POLICE AGREEMENT ATTACHMENT V POLICE DEPARTMENT'S ALCOHOL & DRUG TESTING POLICY COLLECTION PROCEDURES FOR BLOOD ALCOHOL TESTING 1 . Blood specimens must be taken only by qualified medical personnel. Qualified medical personnel is defined as a physician, physician's assistant, nurse, emergency medical technician, or other person authorized under State or Federal law or Regulation to collect blood. 2. The same CCF used for Drug testing under this Agreement must be used for blood alcohol testing under this Policy, except that under "type of test" "other" is selected and "blood alcohol" is written on the form next to "other." This CCF must be used for each blood alcohol specimen from the time of collection through the authorized disposition of the specimen. 3. The blood specimen must be kept in a secured area until picked up by the courier. 4. Blood specimens must be shipped to the S.A.M.H.S.A.-certified, C. A. P.- accredited laboratory by any means adequate to ensure delivery within twenty-four (24) hours of receipt by the carrier. 5. Blood alcohol test results must be reviewed by the Medical Review Officer (MRO). The MRO's review is to determine if custody-and-control procedures were followed and if there is legitimate medical explanation for the presence of alcohol in the blood specimen. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT VI-A DOT DRUG TESTING LABORATORY PROTOCOL All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment VI-A. Additional terms are defined herein. Each Collector and BAT is the Contractor/Service Provider's Agent. Each employee of a Laboratory under contract to provide drug and alcohol services for City who works on tests for the City is the Contractor/Service Provider's Agent while performing test- related activities. Description of Protocol As part of the City's substance abuse testing of its Donors under DOT regulations, urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment I, incorporated by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories, which are certified by S.A.M.H.S.A. and accredited by C.A.P. and will be tested for the presence of the following compounds at the detection levels indicated. Should Department of Transportation (DOT) Regulations be revised by the federal government during the term of this Agreement, the detection levels in this Agreement will be revised effective on the date set by the regulations at no additional fee and such revisions will not invalidate this Agreement or its Attachments. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography mass spectrometry ("GC- MS" EMIT SCREEN C-MS CONFIRMATIO DETECTION LEVEL DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamine 500 250 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Opiate Metabolites 2,000 2,000 Phencyclidine 25 25 MDMA 500 250 *nanograms/milliliter DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT VI-B NON-DOT DRUG TESTING PROTOCOL All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment VI-B. Additional terms are defined herein. Each Collector and BAT is a Contractor/Service Provider's Agent. Each employee of a Laboratory under contract to provide drug and alcohol services for City who works on tests for the City is the Contractor/Service Provider's Agent while performing test related activities. Description of Protocol As part of the City's company-sponsored substance abuse testing of its Donors, urine specimens will be collected in accordance with the City-approved collection procedures. Each specimen will be analyzed in one of Contractor/Service Provider's laboratories certified by S.A.M.H.S.A., and accredited by C.A.P. Contractor/Service Provider must provide laboratory- testing services in accordance with the specifications described in Attachment II. Each specimen submitted for testing under SAP 10 will be assayed for the presence of the following compounds at the detection levels indicated. EMIT SCREEN C-MS CONFIRMATIO DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamines 500 250 **Barbiturates 300-1 ,000 200 Benzodiazepines 300 200 Cocaine Metabolites 150 100 Marijuana Metabolites 50 15 Methadone 300 200 Methaqualone 300 200 Opiates Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/milliliter **The limit of detection varies according to the specific drug and/or metabolites present. Contractor/Service Provider will also assay each specimen for signs of possible adulteration. Specimen adulteration assays will consist of two or more of the following: * Creatinine * Chloride * Specific Gravity * Ph DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 If Federal DOT drug testing programs revise detection cutoff levels during the term of this Agreement, the detection levels in this Agreement must be revised effective on or after the date set by the regulations at no additional fee and such revisions will not invalidate this Agreement or its Attachments. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT VI-C FIRE DEPARTMENT DRUG TESTING PROTOCOL Description of protocol A. As part of the Fire Department's substance abuse testing of its applicants and firefighters (collectively "Donors") urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment III, incorporated herein by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories which are S.A.M.H.S.A. certified and C.A.P. accredited, and will be tested for the presence of the following compounds at the detection levels indicated. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography-mass spectrometry ("GC-MS"). Each Specimen submitted for testing under the testing provision of this policy will be assayed for the presence of the following compounds. Pre- employment testing will utilize the SAP 10, which includes Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiates Metabolites, Phencyclidine, and Propoxyphene. EMIT SCREEN GC-MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP n /ml* n /ml* Amphetamines 1000 500 **Barbiturates 300-1 ,000 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana 50 15 Metabolites 300 300 Methadone 300 200 Methaqualone 300 200 Opiates Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/mi Ili liter DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 B. Contractor/Service Provider will also assay each Specimen for signs of possible adulteration. Specimen Alteration assays will consist of two or more of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph The initial test (also known as a screening test) must be an enzyme immunoassay screen (EMIT) to eliminate "negative" urine specimens from further consideration. C. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The confirmation test must be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT VI-D POLICE DEPARTMENT DRUG TESTING PROTOCOL Description of protocol A. As part of the Police Department's substance abuse testing of its applicants and police officers (collectively "Donors'), urine Split Specimens will be collected in accordance with applicable federal regulatory procedure as described in Attachment IV, incorporated herein by reference in this Agreement. Each Specimen will be analyzed in one of Contractor/Service Provider's laboratories which are S.A.M.H.S.A.-certified and C.A.P.-accredited, and will be tested for the presence of the following compounds at the detection levels indicated. Each initial screen will be analyzed by immunoassay ("EMIT"), and all presumptive positives will be confirmed by gas chromatography-mass spectrometry ("GC-MS"). Pre-Employment, Pre-Assignment, Reasonable Suspicion, Return-to-Du Post-Accident, and Post-Firearm Discharge: Each Specimen submitted for testing under the testing provision of this policy will be assayed for the presence of the following compounds. Pre- employment testing will utilize the SAP 10, which includes Amphetamines, Barbiturates, Benzodiazepines, Cocaine Metabolites, Marijuana Metabolites, Methadone, Methaqualone, Opiates Metabolites, Phencyclidine, and Propoxyphene. EM IT GC-MS SCREEN CONFIRMATION DETECTIO DETECTION N LEVEL LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamines 1 ,000 500 **Barbiturates 300 200 Benzodiazepin 300 200 es Marijuana 50 15 Methadone 300 200 Methaqualone 300 200 Opiates 300 300 Metabolites Phencyclidine 25 25 Propoxyphene 300 200 RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 *nanograms/mi Ili liter B. Contractor/Service Provider will also assay each Specimen for signs of possible adulteration. Specimen Alteration assays will consist of two or more of the following: *Creatinine, *Chloride, *Specific Gravity, and *Ph The initial test (also known as a screening test) must be an enzyme immunoassay screen (EMIT) to eliminate "negative" urine specimens from further consideration. C. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS) will be used to confirm the presence of a specific drug or metabolite. The confirmation test must be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. Random Testing: A. For specimens submitted for Random Testing, in addition to the SAP10 described in sections A, B, and C of this attachment, each such specimen will also be assayed using the Targeted Anabolic Steroid Profile which includes: Androstenediol, Androstendione, Boldenone, Dihydroepiandrosterone (DHEA), Epitestosterone, Methandienone (Dianabol), Methyltestosterone, Nandrolone (19-Mortestosterone), Nora ndrostenediol, Nora ndrostenedione, Oxandrolone (Anavar), Oxymetholone (Anadrol), Stanozolol, Testosterone, Testosterone/Epitestosterone Ratio, Probenecid (Blocking/Masking Agent), Clenbuterol (Anti-Catabolic Agent) EM IT GC-MS SCREEN CONFIR MATION DETECTI DETECTI ON ON LEVEL LEVEL DRUG GROUP n /ml* n /ml* Androstenediol 10 1 Androstendione 10 1 Boldenone 10 1 Dihydroepiandrost 10 1 erone (DHEA) Epitestosterone 10 1 Methandienone 10 1 (Dianabol) RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Methyltestosterone 10 1 Nandrolone (19- 10 10 Mortestosterone Nora ndrostenediol 10 1 Nora ndrostenedio 10 1 ne Oxymetholone 10 1 Anadrol Stanozolol 10 1 Testosterone 10 1 Testosterone/Epites 10 1 tosterone Ratio Probenecid 10 1 (Blocking/Masking Agent) Clenbuterol (Anti- 10 1 Catabolic Agent) RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 SCOPE OF WORK ATTACHMENT VII DOT and NON DOT Drug and Alcohol Testing City-Wide and Gas MEDICAL REVIEW OFFICER SERVICES All defined terms used in the Drug and Alcohol Testing Services Agreement apply to this Attachment VII. Additional terms are defined herein. Each MRO is a Contractor/Service Provider's Agent. The Physician acting as Medical Review Officer (MRO) for the City of Corpus Christi must provide the Director with documentation that he/she is a licensed physician who is knowledgeable about substance abuse disorders and is certified as a Medical Review Officer for drug testing by a recognized MRO certification training program, and the American Association of Medical review Officers. The Physician acting as an MRO for the City of Corpus Christi must provide the Directorwith proper documentation of the Physician's ability and the attainment of skills needed to interpret and evaluate confirmed positive test results of Donors together with their medical history and any other relevant biomedical information. To perform DOT tests, an MRO must meet the requirements of 49 CFR, 40 etc. The MRO must not be an employee of the certified laboratory conducting the drug tests unless the laboratory establishes a clear separation of functions to prevent any appearance of a conflict of interest, including assuring that the MRO has no responsibility for, and is not supervised by, or the supervisor of, any persons who have responsibility for the drug testing or quality control operations of the laboratory, and the Director gives prior written approval of such employment. Primary responsibilities of the MRO include, but are not limited to, the following: A. Comply with all Federal, State and local laws regarding drug testing requirements. B. Monitor specimen collection procedures, laboratory testing and reporting procedures to ensure they meet the requirements of the City, Police and Fire Department Alcohol and Drug Testing Policies, attached and incorporated as Attachments I - VII; C. Receive test results from the laboratory; D. Review all test results received; E. Verify laboratory reports and assessments; RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 F. Review and interpret each confirmed positive test result to determine if a valid medical reason exists; G. Conduct a medical interview in person with the Donor to discuss a positive test result; H. Review Donor's medical history, medical records and any biomedical factors as appropriate; I. Make decision to retest the Primary Sample when necessary; J. Advise Donor of his/her right to request a test of the Split Specimen (not Primary Specimen) if the request is made to the MRO within 72-hours of being informed of the positive test result; K. Coordinate with an approved laboratory certified by Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists- Forensic Drug Testing program (C.A.P.), in writing for the request to test a Split Specimen upon the timely request of the applicable Donor; L. Notify the Director, the City's designated drug testing program manager, of all negative and verified positive tests and provide copies of results. M. Notify the Director of any Donor's request for a test of the Split Specimen; N. Obtain and submit to the laboratory three blind performance test specimens for each 100 DOT drug tests performed; O. Make recommendations as a member of the City's "Rehabilitation Committee"which is composed of the Director of Human Resources, the Risk Manager and the Employee Assistance Program Counselor in regards to handling the Donor's alcohol or drug abuse rehabilitation plan; P. Provide Contractor/Service Provider's Agent's testimony (specifically including MRO's testimony) both in preparation for any "Proceeding" and at the actual "Proceeding itself," which concerns any drug and alcohol collection, test, evaluation, or MRO services provided by Contractor/Service Provider or Contractor/Service Provider's Agent is the essence of this Agreement"Testimony". Testimony from Contractor/Service RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Provider's Agent is absolutely essential for the City to defend any grievance, arbitration, or lawsuit that results from any Donor challenging City's actions based on the results of that donor's drug or alcohol specimen that was collected, tested, or evaluated by Contractor/Service Provider or Contractor/Service Provider's Agent or reviewed by Contractor/Service Provider's MRO. Said grievance, arbitration, or lawsuit, and the preparation for it, collectively called the "Proceeding". The failure of Contractor/Service Provider or Contractor/Service Provider's Agent to appear in person to provide Testimony for any Proceeding is grounds for the City Manager to terminate this Agreement, or, alternatively, require Contractor/Service Provider to pay all of the City's costs in preparing for and defending said Proceeding. At a minimum, the costs of a Proceeding include all Legal Staff time (Attorney's time will be billed at standard community rates for Attorneys of comparable experience; the same will be billed for secretarial and paralegal time; and for copies made for exhibits prepared for the Proceeding) and costs, all Human Resources staff time and costs, all staff time and costs for the department whose employee or applicant (i.e. donor) caused the Proceeding to occur [NOTE: in the case of Police and Fire Departments this may include overtime Costs] , and all expert witness fees, including the cost of Contractor/Service Provider's MRO's fees and any Arbitrator's Fees. The failure of Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) to appear in person and give live Testimony at a Proceeding is presumed to be the reason that City lost the Proceeding. The City's costs in an arbitration Proceeding, that is decided against the City shall include all the arbitration costs. Only the hearing examiner in a Proceeding (e.g. Chairperson of the Civil Service Board or Commission, Judge, Arbitrator collectively called "Hearing Examiner" herein) has the authority to provide a prior written waiver that any Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) does not have to appear in person and give live Testimony. It is the obligation of any Contractor/Service Provider's Agent who wishes to not appear in person and give live Testimony to make prior written arrangements with the Hearing Examiner and copy both the Director at the fax number listed herein and the City Attorney at (361 ) 880-3239 with all correspondence between Contractor/Service Provider's Agent and the Hearing Examiner. Simply because a Contractor/Service Provider's Agent obtained the Hearing Examiner's prior written approval to not appear in person and give live Testimony does not rebut the presumption that the failure to give live Testimony is the reason the City lost the Proceeding. The MRO's facility must be accessible and in compliance with Title III of The Americans With Disabilities Act (ADA). All records compiled by Contractor/Service Provider, (Contractor/Service Provider's employees, contractors, and agents, including without limitation RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Contractor/Service Provider's MRO, (collectively called Contractor/Service Provider's Agent) are compiled for the City to use in determining whether a donor uses or has used drugs or alcohol. All records belong to the City. Contractor/Service Provider is the designated custodian of these Records, with certain Records in the custody of Contractor/Service Provider's MRO. All Records are compiled pursuant to a waiver signed by the Donor that authorizes Contractor/Service Provider to provide the Records to Director. It is the essence of this Agreement that the Contractor/Service Provider provide all Records to the Director when requested. All Records compiled by Contractor/Service Provider and Contractor/Service Provider's Agent (specifically including Contractor/Service Provider's MRO) from information and samples provided by a Donor are compiled for the City and belong to the City. If Contractor/Service Provider or Contractor/Service Provider's Agent believes that information provided by a Donor is confidential and chooses to redact that information, or conversely fails to redact confidential information, then Contractor/Service Provider agrees to indemnify the City for all damages incurred by the City due to Contractor/Service Provider or Contractor/Service Provider's Agent's redaction of, or failure to redact, confidential information from the Records. MRO's services will be subject to revision to meet the requirements of federally mandated changes to Department of Transportation (DOT) Regulations, Paragraph 40.169, Section 49, CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs, should such changes become law and effective during the term of this Agreement and incorporated Attachments, at the fees indicated in the attached and incorporated fee schedule. I. RECEIPT OF LABORATORY TEST REPORTS Urine specimens must be collected using custody-and-control procedures and using a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program (C.A.P.) to perform the urine specimen testing and test result reporting. The testing laboratory must transmit all test results directly to the Medical Review Officer (MRO). The transmittal from the laboratory must be by secured printer or fax machine or by other means agreed upon by the Director, laboratory and MRO, to be provided by the MRO for that purpose in the MRO's facility. Results from the laboratory will not be transmitted by telephone. A. NEGATIVE TEST RESULTS Upon receipt of a negative test result, the MRO must perform the following steps: RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 1 . Review the laboratory report within one day of receipt to ensure that the Donor's identification information on laboratory test reports matches with the MRO's "collection" copy, and the Donor is accurately identified as the person having a negative test report and that the CCF and procedures were correctly followed. For Donors tested under Department of Transportation (DOT) drug testing regulations, a verification must be noted on the CCF which indicates that the testing was performed by laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program (C.A.P.) and that there was compliance with custody-and-control procedures and forms as outlined in 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Program. i. Report negative test results for DOT and NON-DOT Donors to the Director or designee. ii. Report negative test results for CDL Donors to the Director or designee. iii. Report negative test results to the Fire Chief or designee in accordance with Fire Department Policy. iv. Report negative test results to the Police Chief or designee in accordance with Police Department Policy. B. POSITIVE TEST RESULTS Upon receipt of a positive test result, the MRO must perform the following steps: 1 . For cocaine, marijuana, and PCP positive test results the review must be completed on the day of receipt of the positive laboratory results. 2. For all other substances, the review must be completed within two City of Corpus Christi workdays of receipt of positive laboratory results. 3. MRO must review the laboratory report to ensure (a) that Donor identification information on laboratory test reports and MRO's collection copy match, (b) that the Donor is accurately identified as the person having a positive test report and (c) that the CCF and procedures were correctly followed. For Donors tested under Department of Transportation (DOT) drug testing regulations, the MRO may also verify (a) testing was performed by a laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing Program (C.A.P.), and (b) that there RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 was compliance with custody-and-control procedures and forms as outlined 49 CPR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Program. 4. If the MRO has any questions about the test documentation or test analysis, the MRO may exercise the following two options: (1) Request the laboratory records regarding the specimen testing procedures followed, and/or (2) Require the retest of a Primary Specimen if questions arise as to the accuracy or validity of a positive test result. Only the MRO has the authority to order a reanalysis of the Primary Specimen using a certified/accredited laboratory prior to reporting a positive result. Under DOT regulations, the Donor is not authorized to request a reanalysis of the Primary Specimen. In the case of City-Wide, CDL, DOT, NON DOT employees these procedures will be followed. 5. Notify the Donor of positive test result: a. The MRO or his/her supervised and trained staff person may make initial contact with the Director of Human Resources or designee, or a medically licensed or certified staff person may gather information from the Donor in the case of a CDL, DOT, or NON DOT Donor. No direct communication is required between the MRO and the Donor of a current employee or pre-employment screening before verifying a positive result. But in the situation of the Fire or Police Department, the MRO MUST make initial contact with the employee first. A medically licensed or certified staff person may gather information from the Donor, but the MRO must communicate with Donor directly before verifying a test as positive. The MRO shall tell the Donor that MRO is an agent of the Police Department or Fire Department and advise the Donor of the positive test result and the type of illegal drug or substance reported. Since the City's, Fire and Police Departments use a split specimen method of collection, the MRO shall notify each Donor who has a confirmed positive test that the Donor has 72 hours from the time of notification in which to request a test of the split specimen, if the test is verified as positive. If the analysis of the split specimen fails to reconfirm the positive result, the MRO shall direct, in writing, the laboratory to provide the split specimen to another laboratory RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program for analysis of the drug(s) or drug metabolites found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or un- testable, the MRO shall cancel the test and report cancellation and the reason for it to the DOT, the Director, Fire or Police Chief , or designee, along with notifying the Donor. If a Donor has not contacted the MRO within 72 hours to request a test of the split specimen, as provided in DOT regulations, the Donor may present to the MRO information documenting that serious illness, injury, inability to contact the MRO, lack of actual notice of the verified positive test, or other circumstances unavoidably prevented the Donor from timely contacting the MRO. If the MRO reasonably concludes that there is a legitimate explanation for the Donor's failure to contact the MRO within 72 hours, the MRO shall direct that the reanalysis of the split specimen, as applicable, be performed. b. No Direct Communication with Employees or Applicants: The MRO may verify a test as positive without direct communication with the Donor if: 1 . The Donor expressly declines the opportunity to discuss the test with the MRO. 2. If the MRO cannot make contact with a Donor within 24 hours from receipt of test results, the MRO shall contact the Director of Human Resources, Fire Chief, Police Chief or designee. Failure of a Donor to respond and contact the MRO within five (5) days of receipt of a documented contact by the City's Human Resources Director, Fire Chief, Police Chief, or designee will result in the MRO verifying the test as positive without having communicated directly with the Donor. The MRO shall keep documentation on attempts to contact the Donor. 3. When other legitimate circumstances occur which unavoidably prevent the Donor from contacting the MRO, such as serious injury or illness, the MRO may reopen the verification allowing the Donor to present information relative to a confirmed positive test. RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 C. Review of Medical History, Records and other Biomedical Factors 1 . The MRO must review medical records to ascertain if a positive result is due to legally prescribed medication. This review is based on the Donor's doctor's report, copy of a prescription, or other proof of legitimate use of medication. The Donor must provide such proof during the interview with the MRO to be held within one (1) workday of contact with the Donor, if possible. 2. The MRO's records must indicate one of the following explanations for a legitimate positive test: (a) legally prescribed or dispensed medication; (b) ingested substances producing the same metabolites as illegal substances (e.g. poppy seeds and opiates). In such cases, clinical evidence, in addition to the urine test, must be present of unauthorized use of any opium, opiate, or opium derivative, such as recent needle tracks and/or behavioral and psychological signs of acute opiate intoxication or withdrawal; (c) errors in CCF; (d) errors in laboratory technical analysis. d. Reporting Test Results by the MRO The MRO shall only convey to the Director, Fire Chief, Police Chief, or designee whether a drug or alcohol test result is positive or negative. 1 . If satisfied there exists a valid medical explanation for a positive test, the MRO will inform the Donor of the findings. The MRO will then verify that the test result is negative and report it accordingly to the Director, Fire Chief, Police Chief, or designee. 2. Upon conclusion that no legitimate medical reason exists for a positive test, the MRO will report a "verified" positive test to the Director, Fire Chief, Police Chief, or designee. The MRO will then sign a verification RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 statement of the positive test result and will forward a copy of the laboratory results and collection form to the appropriate contact. e. Safety Concerns: Any safety concerns that come to the attention of the MRO through the counseling process must be directed to the designated City Physician, who will instruct the Director, Fire Chief, Police Chief, or designee, if there needs to be any limit placed on an employee for safety reasons. f. Donor's Request for Retest 1 . As provided in Paragraph 40.171 of 49 CFR, 40, if the test result of the primary specimen is positive, the Donor may request that the MRO direct that the split sample be tested in a different laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program for presence of the drug(s) for which a positive result was obtained in the test of the primary specimen. The MRO shall honor such a request if it is made within 72 hours of the Donor having been notified of a verified positive test result. 2. The Director will be notified by the MRO of the request for testing of the split sample portion of the specimen. Upon receipt of the result of the test of the split specimen which reaffirms the results of the test of the primary specimen, the Donor and the Director shall be notified within one City of Corpus Christi work day. 3. Upon receipt of the result of the test of a split specimen which fails to reconfirm the presence of the drugs(s) or drug metabolites found in the primary specimen, the MRO shall cancel the test, and report the cancellation and the reasons for it to the DOT, the Director, and the Donor. Fee for transferring and re-testing of split specimen to another laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of RFP Template 03/15/2022 Page 89 of 100 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 American Pathologists - Forensic Drug Testing program upon timely request to MRO by a Donor, is to be paid by cash, cashier's check, or money order by the requesting Donor directly to the Contractor/Service Provider who is responsible for forwarding payment to the laboratory certified by the Substance Abuse and Mental Health Services Administration (S.A.M.H.S.A.) and accredited by the College of American Pathologists - Forensic Drug Testing program that is performing the testing. The Donor is responsible for payment except for split specimen testing requests for Firefighters, which will be paid for by the City. II. DISCLOSURE OF INFORMATION 1 . Information, drug testing results, or rehabilitation records provided to the MRO as part of the testing verification process: a. Disclosure must be made to the Human Resources Director, or designee, City Attorney, a Department of Transportation (DOT) Agency representative, to Donors, or to a physician responsible for determining the medical qualification of the Donor under DOT regulations, as part of an accident investigation, or where the information indicates that continued performance by an employee Donor of his/her safety-sensitive function could pose a significant safety risk. b. Disclosure must be made to the Director, Fire Chief, Police Chief, or designee, City Attorney, to Donors, as part of an accident investigation, or where the information indicates that continued performance by an employee Donor of his/her safety-sensitive function could pose a significant safety risk. C. Upon written request, any Donor who is subject to a drug test conducted by the City shall have access from the MRO to any records relating to that drug test or to review certification or revocation of certification records. d. Upon written request, the Donor may request the information described above or be disclosed to a third party. 2. Statistical data related to drug testing and rehabilitation that is not name- specific and which is formatted to comply with record-keeping requirements of 49 CFR 40 must be made available to the DOT Administrator and the Human Resources Director, or designee. RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 3. Statistical data related to drug testing and rehabilitation that is not name- specific and which is formatted to comply with record-keeping requirements of 49 CFR 40 must be made available to the Fire Chief, Police Chief, or designee. III. MRO STEPS IN THE REHABILITATION OF EMPLOYEE OR RETURN-TO-DUTY DETERMINATIONS OF CDL, DOT, NON DOT, POLICE DEPARTMENT OR CITY-WIDE OR GAS DEPARTMENT EMPLOYEES. 1 . The MRO makes a return-to-duty recommendation regarding when an employee Donor holding a security or safety related position may be returned to duty after failing or refusing to take a drug test. 2. The MRO must ensure that the Donor is drug free based on a drug test that shows no evidence of any current drug use. 3. The MRO ensures the Donor has been evaluated by a rehabilitation program counselor through the City's Employee Assistance Program by obtaining from the counselor an evaluation of the Donor's drug and/or alcohol use including the nature and degree of past abuse, progress in any rehabilitation effort, and prognosis and recommendations for after-care services. 4. The MRO must be satisfied with the Donor's compliance with any conditions or requirements of a rehabilitation and aftercare program in which the Donor participated. 5. The MRO, in consultation with the Director of Human Resources and the Employee Assistance Counselor, may determine a schedule of unannounced testing for a Donor who has returned to duty after rehabilitation. Such testing may be scheduled for up to sixty (60) months with the frequency determined by the MRO based on the assessment and recommendation of the counselor. IV. FOLLOW-UP TESTING FOR CITY-WIDE CDL, DOT AND NON DOT: 1 . Per DOT Regulations, Paragraph 40.281 , et of 49 CFR 382 and 49 CFR 199, a covered employee, Donor who has been identified by a Substance Abuse Professional (SAP) as needing assistance in resolving problems with alcohol misuse and who has returned to duty involving the performance of a safety- sensitive function, shall be subject to a minimum of 6 unannounced, follow- up alcohol tests administered on behalf of the City over the following 12 months. RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 2. The SAP can direct additional testing during this 12-month period or for an additional period of up to a maximum of 60 months from the date the employee Donor returns to duty. 3. A positive alcohol test under DOT rules, Paragraph 40.281 of 49 CFR 40, provides that the City can conduct follow-up drug tests on an employee during the follow-up alcohol testing period, and whenever the SAP has reason to suspect drug involvement. V. BLIND SAMPLES REQUIRED BY DOT FOR GAS DEPARTMENT PERSONNEL 1 . The MRO shall obtain and submit three (3) blind performance test specimens for each 100 specimens processed and advise the Director whenever a blind sample has been submitted and the results of the test ascertained. 2. Approximately 80% of the blind performance test samples shall be blank (i.e., containing no drug) and the remaining samples shall be positive or "spiked" for one or more drugs per sample. Spiked samples are limited to marijuana, cocaine, opiates, amphetamines, and PCP. 3. Upon receipt of a false positive error on a blind sample which is determined to be a technical or methodological error, the MRO will advise the Director who will notify the DOT agency concerned. RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 VI. RECORDKEEPING The following records must be maintained by the MRO in a separate, secured location with access restricted to the MRO and only his/her authorized staff, the Director, and Department of Transportation representatives. DOT drug testing records must not be filed together with other City records. Separate statistical data must be kept on all tests for Donors covered by (a) 49 CPR 199, Research and Special Programs Administration, (b) for 49 CFR 382, Federal Highway Administration, and (c) for other NON-DOT Donors tested under City Policies, including but not limited to the following: 1 . Drug testing data demonstrating that collection processes conformed to requirements of Agreement (5-year retention). 2. Records on positive drug test results for Donors must be retained for five (5) years and must include the following specifics: a. number of Donors who failed a drug test by type of test; b. records that demonstrate rehabilitation; c. function performed by employee Donors who failed a test; d. prohibited drug(s) used e. age of Donor 3. Records on negative drug tests for Donors must be kept for one (1) year. 4. Records on number of employee Donors tested by type of test must be kept for five (5) years (e.g. post-accident). 5. Records maintained on blind samples sent to the laboratory in compliance with DOT regulations must be kept for five (5) years. RFP Template 03/15/2022 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 k� us CITY OF CORPUS CHRISTI ° Pricing Form CONTRACTS AND PROCUREMENT 1862 RFP No. 5001 Drug, Alcohol Testing, and Occupational Medical Services PAGE 1 OF 4 DATE: 08/18/2023 Alliance Health Resources Mobile Division, Ltd. PROPOSER ACTHOrRIIED SIGNATURE 1. Refer to "Instructions to Proposers" 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 City's.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. Annual UNIT ITEM DESCRIPTION QTY UNIT PRICE TOTAL PRICE Drug and,Alcohol Testing,'Services- 1.00 Drug Screen - Post Accident EVIDENTIAL 4 EA $15.00 $ 60.00 BREATH TEST 1.01 Drug Screen - Post Accident INITIAL URINE 720 EA $32.00 $23,040.00 TEST (10-PANEL Non Dot) 1.02 Drug Screen - Post Accident INITIAL URINE 43 EA $ 32.00 $1,376.00 TEST (IO-PANEL Non Dot Police) 1.03 Drug Screen - Pre-Employment INITIAL 24 EA $32.00 $768.00 URINE TEST (NON-DOT) 1.04 Drug Screen - Promotional (Police Dept) 114 EA $35.00 $ 3,990.00 1.05 Drug Screen - Random NonDot EVIDENTIAL 491 EA $15.00 $7,365.00 BREATH TEST DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 1.06 Drug Screen - Random Dot EVIDENTIAL 373 EA $ 15.00 $ 5,595.00 BREATH TEST 1.07 Drug Screen - Random INITIAL URINE TEST 105 EA $45.00 $ 4,725.00 (5-PANEL DOT) 1.08 Drug Screen Random URINE TEST (10-PANEL 85 EA $32.00 $ 2,720.00 NON-DOT) Drug Screen Random Police INITIAL URINE 1.09 TEST (10-PANEL)Includes Tareted Anabolic 57 EA $ 150.00 $ 8,550.00 Steroid Profile 1.10 Drug Screen - RTW EVIDENTIAL BREATH TEST 43 EA $ 15.00 $ 645.00 ] 11 DDrruu l Screen - RTW INITIAL URINE TEST (NON- 45 EA $ 32.00 $ 1,440.00 1.12 Drug Screen - RTW Drug Screen 70 EA $32.00 $ 2,240.00 1.13 Drug Screen - RTW Drug Screen Police Dept 50 EA $ 150.00 $ 7,500.00 1.14 Drug Screen -- Reasonable Cause (1 Oponel 44 EA $32.00 $ 1,408.00 Non Dot) 1.15 Drug Screen - Reasonable Cause Non Dot 37 EA $15.00 $555.00 BREATH ALCOHOL TEST 1.16 Drug Screen - Steroid Drug Screen (Police) 7 EA $ 128.00 $ 896.00 1.17 Drug Screen - Dot Preassignment 783 EA $ 45.00 $ 35,235.00 1.18 Recollection - Drug Screen 72 EA $ 15.00 $ 1,080.00 1.19 Hair Collection 1 EA $ 20.00 $ 20.00 1.20 Blood Alcohol Test 10 EA $35.00 $ 350.00 1.21 Expert Witness Testimony 100 HR $500.00 $50,000.00 1.22 Travel of Expert Witness 1420 MI $ .65 $923.00 1.23 Testimony of Proposer's Expert Personnel 250 HR $ 150.00 $ 37,500.00 On-Call- On-Site blood alcohol and/or 1.24 drug specimen collection outside of 8 a.m. 100 EA $150.00 $ 15,000.00 through 5 p.m. 1.25 Providing Collection Services during regular 10 EA $50.00 $ 500.00 work hours 8 a.m. through 5 p.m. DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Transferring and re-testing of split specimen 1.26 to another S.A.M.S.A. - certified, C.A.P. - 10 EA $ 250.00 $ 2,500.00 accredited laboratory, upon timely request to MRO or City applicant or employee. Drug and Alcohol Testing Services Sub Total $ 215,981.00 .Occupational Medicine,Services 2.00 Physical-Annual/Periodic 57 EA $ 40.00 $ 2,280.00 2.01 Physical - Haz Mat - Fire 46 EA $ 40.00 $ 1840.00 2.02 Physical- Pre-employment 904 EA $ 40.00 $ 36,160.00 2.03 Physical- Pre-Placement 10 EA Is 40.00 $ 400.00 2.04 Physical-Promotional 44 EA $ 40.00 $ 1,760.00 2.05 Physical -RTW 413 EA $ 65.00 $ 26,845.00 2.06 Audiogram 777 EA $ 15.00 $ 11,655.00 2.07 Vision Titmus 101 EA $ 15.00 $ 1,515.00 2.08 DIP/TET (Tetanus) 227 EA $ 60.00 $ 13,620.00 2.09 Blood Lead 64 EA $46.00 $ 2,944.00 2.10 Blood Lead Zpp 1 EA $ 110.00 $ 110.00 2.11 Cardiac Risk Assessment 10 EA $ 155.00 $ 1,550.00 2.12 CBC 10 EA $16.00 $ 160.00 2.13 Chem 20 CHID 10 EA $ 57.00 $ 570.00 2.14 Chem-20 CHID, CBC, UA 49 EA $ 84.00 $4,116.00 2.15 Lipid Panel 35 EA $ 35.00 $ 1,225.00 2.16 Chest X-Ray l-view 6 EA $42.00 $ 252.00 2.17 Check X-Ray 2-view 66 EA $ 47.00 $ 3,102.00 2.18 Lumbar Spine 2 view 16 EA $ 50.00 $ 800.00 2.19 X-ray Interpretation without B-read 72 EA $ 20.00 $ 1,440.00 2.20 EKG 123 EA $ 42.00 $ 5,166.00 2.21 Glucose Fasting (in Center) 10 EA $ 15.00 $ 150.00 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 DS 2.22 Grip Strength (Dynamometer) 16 EA $ 15.00 $ 240.00 a5 2.23 Hep A Vaccine 10 EA $ 85.00 $--840,00--- S850.00 2.24 Hep B Injections 10 EA $ 75.00 $ 750.00 2.25 Hepatitis B Titer 10 EA $ 36.00 $ 360.00 2.26 HIV-1 EIA Screen 10 EA $40.00 $ 400.00 2.27 Occult Blood 10 EA $ 10.00 $ 100.00 2.30 Mileage 782 MILE $ .65 $ 508.30 2.3 Medical Office Review (MRO) 42 EA $ 15.00 $ 630.00 2.31 Onsite Services 84 EA $ 75.00 $ 6,300.00 2.31 Legal testimony provided by physician 100 HR $ 500.00 $ 50,000.00 2.32 Prostatic Specific Antigen 10 EA $ 43.00 $ 430.00 2.33 Pulmonary Function Test 121 EA $ 17.00 $ 2057.00 2.34 Rabies Series 10 EA $ 1,150.00 $ 11,500.00 2.35 Rabies Titer 10 EA $ 350.00 $ 3,500.00 2.36 Thyroid Stimulating Hormone (TSH) 10 EA $ 20.00 $ 200.00 2.37 TB Skin Test 57 EA $ 25.00 $ 1,425.00 2.38 U/A Dipstick 2 EA $ 11.00 $ 22.00 DS 2.39 PPD (Mantoux) 2 EA $ 25.00 $ 50.00 a5 Occupational Medicine Services Sub-Total a�6;972:34- 96,982.30 Grand Total Annually ; $412, 53.30- - °S . as $412,963.30 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Attachment C: Insurance and Bond Requirements 1 . 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 Director Human Resources, 2 copies 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 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements COMMERCIAL GENERAL LIABILITY $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $1 ,000,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased PROFESSIONAL LIABILITY $1 ,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value Including: of the policy) 1 . Medical Malpractice If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. Page 1 of 3 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $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. 2. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Page 2 of 3 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal 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. No Bonds Required 2022 Insurance Requirements Purchasing Drug and Alcohol Testing and Occupational Medicine 03/27/2022 sw Risk Management Page 3 of 3 DocuSign Envelope ID:A4C3F922-6B3E-4296-AE37-64B1 CF861718 Attachment D: Warranty Section 8. Warranty of this service agreement is null; warranty is not required. Page 1 of 1 �o o& NCORPOR 1'0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of January 09, 2024 DATE: January 09, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste Management david l3(a)-cctexas.com (361) 826-1966 Construction Services Contract Cefe Valenzuela Landfill Sector 2A Cell Development - NEC Agreement CAPTION: Motion authorizing a construction services contract with Nueces Electric Cooperative (NEC), Texas, to extend and provide electric delivery infrastructure (pole and wires) to the Cefe Valenzuela Landfill Sector 2A Cell in an amount not to exceed $104,744.98, located outside city limits, with FY 2024 funding available from Solid Waste capital funds. SUMMARY: This motion authorizes a construction services agreement with Nueces Electric Cooperative (NEC) to provide electrical services to the Cefe Valenzuela Landfill Sector 2A Cell. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill is a municipal solid waste landfill, owned and operated by the City of Corpus Christi, Texas located outside of City limits near Petrolina Creek on CR 20. Landfill Sector 2A Cell is under construction by FCS Construction LLC., Frisco, Texas. The construction contract was awarded in July 2023. NEC currently provides electric delivery infrastructure (pole and wires) to all the sector cells in the Cefe Valenzuela Landfill and all its buildings. The City contracts with TXU to provide the electricity, but the poles and wires are owned and operated by NEC. This service extension to sector cell 2A will provide power to all equipment, motors and pumps needed for the proper development of sector cell 2A. This agreement will extend the existing 12KV primary overhead line from the existing power pole on the north to sector cell 2A. PROJECT TIMELINE: Preliminary work to the landfill has already begun. Service extension to sector cell 2A is due to start early 2024, with the entire cell development to be completed by June 2024. ALTERNATIVES: An alternative is to not proceed with the agreement which will delay the project. NEC is the owner and operator of electric delivery infrastructure for the landfill, staff finds no equal measures available and is unable to recommend alternatives that are not in the best interest of public safety. FISCAL IMPACT: This fiscal impact for FY 2024 is an amount of$104,744.98 for the extension of power from the north to southward toward sector cell 2A, with funding available from Solid Waste CO. FUNDING DETAIL: This project is listed in the FY 2024 Capital Improvement Program. Fund: SolidWst2021TCO (Fund 3373) Department: Solid Waste (31) Org: Grants and Capital Projects (89) Account: Improvements other than Bldg (550030) Activity: 21035-3373-EXP Amount $104,774.98 RECOMMENDATION: Staff recommends approval of the motion authorizing construction services agreement with NEC Texas in the amount of$104,744.98 for the for service extension to sector cell 2A. LIST OF SUPPORTING DOCUMENTS: Construction Services Contract Location Map FY 2024 Project CIP Page Power Point Nueces Electdc Gooperative ORDER: 8747 Order Date: 10/06/2023 14353 Cooperative Avenue - Robstown,TX 78380 Terms: NET CITY OF CORPUS CHRISTI NORMA FINANCE DEPT ATTN: ACCOUNTS PAYABLE PO BOX 9277 CORPUS CHRISTI TX 78469-9277 Account: 5504 Page 1 of 1 Description: WO#2301505 - OH PRIMARY TO URD WO#2300674 - RELOCATION OF SERVICE 2397 CR 20 CATALOG ITEM DESCRIPTION QUANTITY UOM UNIT PRICE AMOUNT TAX SERVICE OH/URD OH PRIMARY TO URD 1.000 EA 99,877.2500 99,877.25 SECONDARY SERVICE SERVICE URD URD SERVICE TO RELOCATION 1.000 EA 4,867.7300 4,867.73 OF SERVICE MESSAGES TOTAL ORDER AMOUNT: $ 104,744.98 PRICES ARE VALID FOR 30 DAYS. rv8 PROJECT LOCATION WE o� CORPUS CHRISTI BAY 8 S x� "wo Gro e s J F� a ff s� Q VICINITY MAP s g NOT TO SCALE PROPOSED SERVICE EXTENSION pill" �"<<rp t r y Illi,�si� Li PROPOSED SECTOR CELL 2A : /jo 59 I� .i AERIAL MAP PROJECT NUMBER: 21035 NOT TO SCALE CEFE VALENZUELA LANDFILL SECTOR 2A CELL CITY COUNCIL EXHIBIT , dl DEVELOPMENT - NEC SERVICE EXTENSION CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 21035 Project Name C. F.Valenzuela Landfill Sector 2A Cell Development Type Improvement/Additions Department Solid Waste Useful Life 5 years Contact Director of Solid Waste Category Site Improvements Priority Critical-Asset ConditionVongevity Council District Outside City Limits Status Active Description Project provides for cell development of sector 2A after exhausting capacity of cell 3C,which has an estimated service life of 5 years.Based on current demand,landfill cell configuration and sequence,Sector 2A development will start in 2023 with construction in 2024. Justification This project is required by the Texas Commission on Environmental Quality(TCEQ)and successful completion of project in a timely manner will avoid fines and penalties as well as protect the environment. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 7,700,000 7,700,000 Inspection 400,000 400,000 Design 467,000 467,000 Eng,Admin Reimbursements 50,000 700,000 750,000 Total 517,000 8,800,000 9,317,000 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(Prior) 517,000 7,600,000 8,117,000 Certificates of Obligation(New) 1,200,000 1,200,000 Total 517,000 8,800,000 9,317,000 Budget Impact/Other This is no increase in maintenance and operational costs of the cell,those costs are included in the existing Solid Waste budget. This project will provide cover soil from new cell excavation,which will save operational budget costs. 194 Corpus Chr s[i Engineering Cefe F. Valenzuela Landfill Sector 2A Cell Development - NEC Service Extension Council Presentation Y Januar 09, 2024 . EngineeringProject Location Corpuschrsti PROJECT LOCATION N sw�,Nas. ttt vic�NmTv-.�aaP PROPOSED SERvmE EXTENSION �� wao wrr WIFPROPOSED SECTOR CELL 2A PROJECT LOCATION � � Imo., r i AERI%MAP PROJECTNUMBER.21d35 PROJECT NUMBER:21035r Z Project Scope corpusChrst; Engineering Motion authorizing a construction services contract with Nueces Electric Cooperative, Texas, to extend and provide electric services to the Cefe Valenzuela Landfill Sector 2A Cell in an amount not to exceed$104,744.98 The proposed scope of work will extend the existing 12KV primary overhead power line from the existing power pole on the north to sector cell 2A. 3 Project Schedule Carpus Chr sti Engineering January - June Construction Project schedule reflects City Council award in January 2024 with anticipated construction completion by June 2024. so �o p A v WoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting January 09, 2024 DATE: January 09, 2024 TO: Peter Zanoni, City Manager FROM: Jeffrey Edmonds, Director of Engineering Services 0effreye(a)-cctexas.com (361) 826-3851 Bill Mahaffey, Gas Department Bill M(a)cctexas.com (361) 826-1801 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)cctexas.com (361) 826-3169 Construction Contract Award Gas Department Building Upgrades (Phase 2) FMAC CAPTION: Motion awarding a facilities multiple award construction contract to Barcom Construction, LLC of Corpus Christi, Texas, in a not to exceed amount of $1,921,176.00 for the Gas Department Building Upgrades (Phase 2) project, located in Council District 1, with FY 2023 funding available from Gas Capital Fund. SUMMARY: This motion approves a facilities multiple award (FMAC) construction contract for the construction of building upgrades for the Gas Department Building. The building upgrades project will include upgrading the mechanical spaces and associated electrical system for the addition of a new multi zone HVAC system with ducting. BACKGROUND AND FINDINGS: The Gas Department Building is located at 4225 S Port Ave. in Corpus Christi Tx. The building is comprised of one floor which currently serves the community. The building is currently out of commission due to environmental findings during construction of phase 1. The displaced staff are working from a temporary facility under a rental agreement. In addition, the existing building contains many outdated elements that have exceeded their maintainable life expectancy. Listed below is the timeline of projects of construction activity at the facility: In 2018, the HVAC system had experienced complete failure and was no longer serviceable. City Asset Management implemented several unsuccessful attempts to repair the system with local A/C contractors but were unsuccessful as the Gas Absorption Chillers had to be replaced. In August 2018 an Emergency Declaration was issued in an amount not to exceed $400,000 to replace the Gas Absorption Chillers and Air Handler. Several facility maintenance issues were identified during the process. A separate project was created in the Capital Improvement Program (CIP) to address the maintenance repairs of the facility in Phases. In November 2022, Barcom Construction was issued a FMAC construction delivery order for Phase 1 of the Gas dept Building Upgrades Project in a not to exceed amount of $434,992.00, after being selected as the lowest responsive and responsible bidder with the FMAC procurement process. The scope of work for Phase 1 was to install a new HVAC system along with new ducts, electrical upgrades and finishing the areas as needed to complete the project. During the construction, a significant amount of black mold was discovered above the plaster ceiling after it was removed. The mold was attributed to design deficiencies with the existing HVAC system and building envelope issues. A change order was authorized for mold abatement, mold clearance, demolition of the existing acoustical and plaster ceiling, demolition of all existing ductwork, encapsulation of the existing roof deck, demolition of the existing windows, and installation of 29 new windows including blocking, flashing, and sealing to prevent the mold issue from recurring. Phase 1 was completed during summer of 2023. In April 2023 The City received a building assessment that detailed what was necessary to properly seal the building envelope. Phase 2 scope of work is based on the professional recommendations received in this report. Phase 2 work is divided into multiple disciplines. • The HVAC scope of work for the project includes improving the buildings air quality and circulation by implementing 6 newly designed zones with new and efficient independent A/C units to adequately cool and heat. New ductwork will be installed to improve supply and return airflow. New controls will be installed to maintain future temperatures throughout the facility. The design includes a new hydronic boiler for reheating and dehumidification. Brand new air devices including duct volume dampers and exhaust devices utilizing improved transitions will support all future ventilation needs.The electrical infrastructure will be upgraded to support the improvements. Upon completion of this scope the building pressurization will return to normal, and measures will have been put in place to prevent any future mold growth. • The building exterior walls will be modified to allow complete drainage, proper water evacuation, and airflow for drying. The building will be seal coated to improve weather proofing and repel water. Upon completion of this scope the envelope will meet current energy and building codes. • The roof is nearing the end of its twenty-year life cycle. Currently there appears to be leakage and lack of proper insulation which is allowing condensation and mold to form on the underside of the metal deck. New foam insulation and a vapor barrier will be installed on the underside of the entire roof deck to address the root cause. Upon completion of this scope current energy codes will be met. • Various Life safety improvements will be included as part of the scope. Fire rated corridors and paths of egress will be constructed. New fire-rated doors and frames will be included to replace the current non fire rated equipment. The fire alarm system will be repaired to function and meet the requirements designated by the Corpus Christi Fire Marshall. • Due to the extensive nature of repairs various finishes will need to be carried out. The acoustical and hard deck ceiling including insulation will be replaced throughout the building. The existing carpet will be removed and replaced due to mold concerns. A new reception desk with be installed to better interface with the public. The contractor will repair, prime, paint, and texture all relevant corridors and areas impacted by work. Upon completion of this scope the corridors will be returned to like-new condition. The building upgrades project will return functionality to the facility and allow staff to leave rented office space and return to their normal base of operations. The scope will prevent future mold growth. Life safety features will be implemented improving safety, and the building will be brought up to current code in applicable areas where work is carried out. PROJECT TIMELINE: 2023 20241 January — October November— January January — August Design Award Construction Project schedule reflects award in January 2024 with anticipated completion by August 2024. COMPETITIVE SOLICITATION PROCESS: In November 2022, Barcom Construction was issued a FMAC construction delivery order for Phase 1 of the Gas Department Building Upgrades Project in a not to exceed amount of $434,992.00, after being selected as the lowest responsive and responsible bidder with the FMAC procurement process. On October 25, 2023, the Engineering Services Department requested a proposal from Barcom Construction, LLC for an estimate to carry out the remaining Phase 2 work for the Gas Department Building. Staff hired an independent 3rd party cost estimator to validate the pricing received by Barcom and believes based on comparison that it is reasonable. Barcom Construction has completed numerous other projects for the City and is a reputable contractor. Staff is recommending awarding the Phase 2 work to Barcom to expedite completing the work and allowing staff to vacate rented office space. ALTERNATIVES: City Council could choose not to award the construction contract to Barcom Construction, LLC. This would delay the improvements to the Gas Department Building and would prevent the staff from moving back into the facility. This would negatively affect the ability to conduct normal operations efficiently. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of$1,921,176.00 with funds available from Gas Capital fund. Funding Detail: Fund: GASCP RR 032950 2023 (Fund 4563) Department: GAS (11) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21009-4563-EXP Amount $1,921,176.00 RECOMMENDATION: Staff recommends awarding a construction contract for the Gas Department Building Upgrades (Phase 2)to Barcom Construction, LLC in an amount of$1,921,176.00, with construction duration planned for 8 months from issuance of the Notice to Proceed with construction starting in January 2024 with anticipated completion by August 2024. LIST OF SUPPORTING DOCUMENTS: Project CIP Page Location & Vicinity Maps Bid Tab PowerPoint Building success, one • • at r time CONSTRUCTION, 11/2/2023 Gas Department Phase 2 Proposal 100% Design SOV General Conditions(6 Months) $ 88,006.00 Demolition&Haul Off $ 14,010.00 Concrete Pad for Boiler $ 1,500.00 Exterior Weeps,Drill Holes $ 9,740.00 New Front Desk&Accent Wall $ 18,500.00 Remove&Reinstall Existing Millwork $ 4,000.00 Interior Blocking&Rough Carpentry $ 7,900.00 R-19 Closed Cell Insulation @ Deck $ 65,000.00 Doors,Frames,Hardware $ 623060.00 Interior Plaster $ 343800.00 Metal Studs,Insulation,Drywall $ 843519.00 Fur Out,Rigid Board,Drywall $ 173200.00 Acoustical Ceilings $ 693000.00 Painting and Sealant $ 1333000.00 Carpet&Rubber Base $ 343250.00 Clean Ceramic Tile $ 13943.00 Patch Ceramic Tile $ 23500.00 Acrylic Finish Existing Wall Tile-RR 152 $ 133100.00 Toilet Accessories-RR 152 $ 13294.00 HVAC $ 5373757.00 Plumbing Restroom 152 $ 253000.00 Electrical $ 2403800.00 Fire Alarm $ 22,215.00 City U nforseen Conditions Labor Burden $ 283141.00 Overhead $ 973645.00 Profit $ 973645.00 Bonds $ 233401.00 Builders Risk&General Liability Insurance $ 263250.00 Total $ 1,921,176.00 Exclusions: Front signage, room signage, permit fees Alternate Deducts Closed Cell Spray Foam $ (743750.00) Epoxy Paint Wall Tile in Lieu of Miracle Method $ (83701.00) Deduct Exterior Masonry Weeps $ (113201.00) Delete Rigid Insulation, Gypsum Fur Out $ (243271.00) Total Deducts $ (118,923.00) 1146 HEINSOHN ROAD CORPUS CHRISTI,TEXAS 78406 TELEPHONE:(361)851-1000-FAX:(361)851-1717 Capital Improvement Plan 2024 thr't, 2026 City of Corpus Christi, Texas Project# 21009 Project Name Gas Department Administrative Building Upgrades Type Reconditioning-Asset Longevity Department Gas Useful Life 25 years Contact Director of Gas Operations r Category Building Rehabilitation Priority Critical-Asset Condition\longevity Council District 3 Status Active Description The work will consist of repaving the parking lot for employees and city vehicles,repair the fence around the equipment area,repair/replace the existing handicap ramp,upgrade the existing windows in the building,add a backup generator,ventilation duct work and general repairs to buildings interior and painting. Justification The implementation of this project is needed to upgrade existing building to maintain a safe and effective work environment. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 439,446 1,826,000 1,100,000 3,365,446 Design 63,254 255,000 318,254 Eng,Admin Reimbursements 81,941 200,000 100,000 381,941 Total 584,641 2,281,000 1,200,000 4,065,641 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 584,641 2,281,000 1,200,000 4,065,641 Total 584,641 2,281,000 1,200,000 4,065,641 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 286 PROT7 JECT LOCATION N SCALE: N.T.S. a VBIM1 LOCATION MAP NOT TO SCALE z 0 PN Q Mo�G 00 z 286 PROJECT LOCATION 0 �< s o � Z VICINITY MAP NOT TO SCALE PROJECT NUMBER: 21009 GAS DEPARTMENT BUILDING UPGRADES CITY COUNCIL EXHIBIT RISTI,TEXAS (DUCT REPLACEMENT (PHASE 2) CITYENTOF OFENGINRPUS ENGINEERING DEPARTMENT OF ENGINEERING SERVICES o n' ti 0 r � i w " N L*k . r SCALE: N.T.S. Lu B t ,� ��y _ O aria ry Opt � f M PROJECT LOCATION c y ur win All o y t� w .roe AERIAL MAP i PROJECT NUMBER: 21009 NOT TO SCALE GAS DEPARTMENT BUILDING UPGRADES CITY COUNCIL EXHIBIT (DUCT REPLACEMENT (PHASE 2) CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr sti Engineering Gas Department Building Upgrades (Phase 2) FMAC Council Presentation January 09, 2024 Project Vicinity Corpus Chr sti Engineering PROJECT LOCA TION y� O 0 L rxmrut v� d C9 0 � z 286 ,\ 3� PROJECT LOCATION PROJECT LOCATIONy 0q7 R ,o C PROJECT NUMB R 21009 A„Eo,R:o. PROJECT NUMBER=21009 GAS DEPARTMENT BUILDING UPGRADES CITY COUNCIL EXHIBIT GAS DEPARTMENT BUILDING UPGRADES CITY COUNCIL EXHIBIT (DUCT REPLACEMENT(PHASE 2) �,�,,,,o„�, „� s (DUCT REPLACEMENT(PHASE 2) Z qW Project Scope Corpus Chr sti Engineering ➢ Project Cost: $1,921,176.00 Scope of work includes the following: ➢ Modernization of the entire building HVAC system ➢ New Zoning, Ducting, A/C units, Boiler, and associated components. ➢ Electrical equipment upgrades to support improvements ➢ Sealing and insulation of the Envelope and Roof ➢ New finishes including Acoustical & Hard Deck Ceiling Project Schedule Corpus Chr sti Engineering 2023 1 20241 January — October November— January January —August Design Bid/Award Construction Projected Schedule reflects City Council design award in January 2024 with anticipated construction completion by August 2024. Cor pus 67r Sti Engineering QUESTIONS? so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting of January 9, 2024 1852 Second Reading Ordinance for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW(a-)cctexas.com (361) 826-3935 Appropriating $200,054.01 from the General Fund Unreserved Fund Balance and Amending the FY 2024 Operating Budget by Increasing Expenditures in the General Fund and Purchase of an Additional Response Boat for the Corpus Christi Fire Department CAPTION: Ordinance authorizing the purchase of one additional response boat in the amount of$81,228.78 from Boat Right Marine for the Corpus Christi Fire Department to be funded by the FY 2023 Texas Ambulance Supplemental Payment Program revenue; and appropriating $200,054.01 from the General Fund unreserved fund balance; and amending the FY 2024 Operating Budget by increasing expenditures in the Fire Department General Fund by $200,054.01. SUMMARY: This Ordinance will appropriate$200,054.01 from the General Fund unreserved fund balance and amend the FY 2024 Operating Budget by increasing expenditures in the General Fund by $200,054.01. It will also authorize the purchase of one additional response boat in the amount of $81,228.78 with this funding, which will be allocated to the Corpus Christi Fire Department (CCFD). BACKGROUND AND FINDINGS: For the last six years, CCFD has participated in the Texas Ambulance Supplemental Payment Program (TASPP). TASPP is a program that allows approved governmental ambulance services providers across Texas to receive supplemental payments associated with the cost of providing services to Medicaid beneficiaries and uninsured patients. On September 5, 2023, a resolution was passed amending the City of Corpus Christi's Financial Budgetary Policies that added Section 19 for Texas Ambulance Supplemental Payment Program (TASPP). Section 19 states that the Annual payment shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in a respective fiscal year. In FY 2023, CCFD budgeted $2,000,000.00 in revenues and received $2,200,054.01. CCFD is appropriating the overage of $200,054.01 in its FY 2024 budget as part of this item. The reason that CCFD is appropriating the $200,054.01 in FY 2024 instead of FY 2023 is because CCFD did not receive these funds until late September 2023. CCFD budgeted $2,000,000.00 again for TASPP revenues for FY 2024. CCFD has allocated $2,000,000.00 in TASPP funds in the FY 2024 operating budget for the replacement of three Medic Units and one replacement fire engine truck. This item uses the remaining $200,054.01 of TASPP revenue that the City received in FY 2023 and appropriates the funding in FY 2024. The $200,054.01 of TASPP revenue will be allocated to CCFD for purchases of one additional response boat, five additional stair chairs, three replacement fire brush truck beds, and six additional Firecom Headset sets for in-cab communications on fire apparatuses. The additional six Firecom Headset sets will be placed in six separate fire apparatuses. Each of the six Firecom Headset sets will come with six Headsets. The five additional stair chairs, three replacement fire brush truck beds, and six additional Firecom Headset sets will all be purchased individually in the future and will not need City Council action because of the pricing of the items. The additional response boat will be stationed at Fire Station #1 (Belden Street). The additional response boat will be a 2024 Boat Right 24 Classic. This boat is a shallow running boat capable of operating in bays and other shallow waters. It has a large open bow working area that will allow CCFD personnel to easily access patients, load boom, and attach the fire pump when needed. The boat is a needed addition to CCFD's boat fleet for these reasons. In FY 2023, CCFD budgeted $2,000,000.00 in revenues and received $2,200,054.01. CCFD is appropriating the overage of $200,054.01 in its FY 2024 budget as part of this item. The reason that CCFD is appropriating the $200,054.01 in FY 2024 instead of FY 2023 is because CCFD did not receive these funds until late September 2023. CCFD budgeted $2,000,000.00 again for TASPP revenues for FY 2024. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the Buyboard Cooperative have been competitively procured, in compliance with local and state procurement requirements. Boat Right Marine, Inc. under Buyboard Cooperative offers a listed 1% to 2% discount off published catalog rates on boats and accessories. Boat Right Marine, Inc. further discounted accessories and motor with additional 8.8% to 11% cost savings from catalog price list. Savings of approximately $5,990.00. ALTERNATIVES: The alternative to accepting the ordinance and amendment increasing the FY 2024 General Fund operating budget expenditures is to leave the current General Fund operating budget as it stands; however, this will limit CCFD's ability to purchase equipment necessary for emergency response situations. FISCAL IMPACT: The financial impact is an increase in the FY 2024 General Fund expenditures by $200,054.01 which will be allocated to CCFD for department purchase, with $81,228.78 of this funding being authorized for the purchase of a response boat. Funding Detail: Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Project # (CIP Only): N/A Account: 550020 Vehicle and Machinery Amount: $81,228.78 Fund: 1020 General Fund Organization/Activity: 12010 Fire Stations Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $20,366.20 Fund: 1020 General Fund Organization/Activity: 12050 Fire Apparatus & Shop Project # (CIP Only): N/A Account: 530100 Vehicle Repairs Amount: $59,394.47 Fund: 1020 General Fund Organization/Activity: 12040 Fire Communications Project # (CIP Only): N/A Account: 520090 Minor tools and Equipment Amount: $39,064.56 RECOMMENDATION: Staff recommends approval of this ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing the purchase of one additional response boat in the amount of $81,228.78 from Boat Right Marine, Inc. for the Corpus Christi Fire Department, to be funded by the FY 2023 Texas Ambulance Supplemental Payment Program revenue; and appropriating $200,054.01 from the General Fund unreserved fund balance and amending the FY 2024 Operating Budget by increasing expenditures in the Fire Department General Fund by $200,054.01. Whereas, Section 19 of the Financial Budgetary Policies provides that annual payment from the Texas Ambulance Supplemental Payment Program (TASPP) shall be applied exclusively to the Fire Department Budget for one-time expenditures and/or to cover budget overruns by the Fire Department in a respective fiscal year; Whereas, in FY 23, the City received $2,200,054.01 from the TASPP; Whereas, $2,000,000.00 in TASPP funds were allocated in the FY 2024 operating budget for the replacement of three Medic Units and one replacement fire engine truck; and Whereas, the ordinance allocates the remaining $200,054.01 TASPP funds received in FY 23. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents necessary for the purchase of a response boat in the amount of $81 ,228.78 from Boat Right Marine, Inc. SECTION 2. $200,054.01 from the General Fund No. 1020 unreserved fund balance is appropriated for purchases of equipment and supplies used during emergency response situations for the Corpus Christi Fire Department (CCFD). SECTION 3. The FY2023-24 Operating Budget, adopted by Ordinance No. 0333151 , is amended to increase expenditures by $200,054.01 . Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of , 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 0 E AGENDA MEMORANDUM CORPOR 1g4 1 sl Reading Ordinance for the City Council Meeting January 9, 2024 1852 2nd Reading Ordinance for the City Council Meeting January 23, 2024 DATE: December 8, 2023 TO: Peter Zanoni, City Manager FROM: Gilbert Hernandez, Director of Municipal Court GilbertH(a�cctexas.com (361) 826-2540 Josh Chronley, Assistant Director of Finance & Procurement Josh C2Ca-)cctexas.com (361) 826-3169 Ordinance Appropriating Funds for Courtroom Security Upgrades at the Municipal Court CAPTION: Ordinance appropriating $20,000.00 from the unreserved fund balance of the Municipal Court Security Fund for courtroom security upgrades-, and amending the FY 2024 operating budget. SUMMARY: This is an ordinance to appropriate $20,000.00 from the Municipal Court Building Security unreserved fund balance for courtroom security upgrades to include the purchase and installation of maglocks on all courtroom doors, the purchase and installation of badge readers and pneumatic exit buttons, and to reroute the panic buttons-, and amending the FY2024 operating budget. BACKGROUND AND FINDINGS: The Municipal Court collects $4.90 in court costs on all citations where a defendant is convicted of a misdemeanor offense. These funds are deposited into the Municipal Court Building Security Fund and are to only be used to finance security personnel for a Municipal Court or to finance items when used for the purpose of providing security services for buildings housing a Municipal Court. In order to make the Court a safer environment for judges, clerks, and customers, the Municipal Court Security Committee has recommended the purchase and installation of maglocks on all courtroom doors, the purchase and installation of badge readers and pneumatic exit buttons, and the rerouting of panic buttons to alert Police dispatch in the event of an emergency rather than the City Marshal's office that was eliminated in FY 2024. The Municipal Court Security Committee is comprised of the Presiding Judge, the Director of Municipal Courts, and a member of the Police Department leadership team. These recommendations are being made to address concerns raised in November 2023. PROCUREMENT DETAIL: A quote was obtained from the approved vendor, Total Protection Inc., that handles the City's security system needs citywide. ALTERNATIVES: The alternative would be to not install the security upgrades or reroute the panic buttons at this time but wait until the FY 2025 budget process. FISCAL IMPACT: The fiscal impact of this ordinance would be to appropriate $20,000.00 from the unreserved fund balance in the Municipal Court Building Security Fund from the FY 2024 operating budget. This would be a one-time expenditure in FY 2024 to purchase and install maglocks on all courtroom doors, to purchase and install badge readers and pneumatic exit buttons, and to reroute the panic buttons. FUNDING DETAIL: Fund: 1035 Municipal Court Security Fund Organization/Activity: 10491 Municipal Court — Building Security Mission Element: 022 Court Project # (CIP Only): - Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of this ordinance appropriating unreserved funds from the Municipal Court Security Fund for the additional court and courtroom security measures; and amending the FY2024 operating budget. LIST OF SUPPORTING DOCUMENTS: Ordinance Total Protection Quotes (2) Ordinance appropriating $20,000.00 from the unreserved fund balance of the Municipal Court Security Fund for courtroom security upgrades; and amending the FY 2024 operating budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $20,000.00 are appropriated from the unreserved fund balance of the Municipal Court Security Fund for courtroom security upgrades. Section 2. The FY2023-24 Operating Budget adopted by Ordinance No. 033151 is amended to increase expenditures by $20,000.00. Section 3. The City Council authorizes the use of up to $20,000.00 from the Municipal Court Security Fund for courtroom security upgrades, including maglocks on all courtroom doors and building entrance doors, badge readers, pneumatic exit buttons, and panic buttons that will alert Police dispatch in the event of an emergency. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 1 of 1 Access Control Gates & Systems Operators Ansul Suppression Id Badging TOT4LSystems Systems Barrier Arms Intercom Systems PROTECTION CCTV Turnstiles SCrash Gates Security Systems Inc. Gate Fencing Metal Detectors Fire Alarm Systems Parking Systems Fire Extinguishers "OUR NAME SAYS /T ALL" Date: 11/28/2023 To: CCPD-Mike White From: Mingo Logmao Ref: Chaparral Entrance Access control Add-on Item # QTY. DESCRIPTION UNIT COST UNIT EXT. 1 1 MR52 Door Controller $947.07 $947.07 2 1 Badge Reader $279.00 $279.00 3 1 Maglock $246.31 $246.31 4 1 Pneumatic Exit Button $238.66 $238.66 5 1 Motion Exit Sensor $114.73 $114.73 6 1 Knox Box for FD Access $245.00 $245.00 Misc. Materials & Supplies (conduit, anchors, wire management, 7 consumables, etc.) $75.00 $75.00 8 200 Access Control Cable $1.47/ft $294.00 9 14 Installation & Testing $105.00/hr. $1,470.00 10 1 1 Programming 1 $110.00/hr. $110.00 Total: $4,019.77 Notes: Additional fees will apply for any parts or damage on unforeseen items. Please be advised, quotes do not include tax. By signing below,we hereby agree, accept, and authorize Total Protection,Inc. to proceed with the work described above under the terms and upon conditions described herein: Signed: _ Date: WEB PAGE:www.totall2rotection.com EMAIL:DL(d)LOTALPROTECTION.COM PO BOX 4855 • CORPUS CHRISTI • TEXAS 78469 OFFICE(361)289—2788•FAX(361)289— 1688 Access Control Gates & Systems Operators Ansul Suppression Id Badging TOT4LSystems Systems Barrier Arms Intercom Systems PROTECT103N CCTV Turnstiles ECrash Gates Security Systems Inc. Gate Fencing Metal Detectors Fire Alarm Systems Parking Systems Fire Extinguishers "OUR NAME SAYS /T ALL" WEB PAGE:www.totalprotection.com EMAIL:DL(d)LOTALPROTECTION.COM PO BOX 4855 • CORPUS CHRISTI • TEXAS 78469 OFFICE(361)289—2788•FAX(361)289— 1688 Access Control Gates & Systems Operators Ansul Suppression Id Badging TOT4LSystems Systems Barrier Arms Intercom Systems PROTECTION CCTV Turnstiles SCrash Gates Security Systems Inc. Gate Fencing Metal Detectors Fire Alarm Systems Parking Systems Fire Extinguishers "OUR NAME SAYS /T ALL" Date: 11/28/2023 To: CCPD Mike White From: Mingo Logmao Ref: Panic Buttons and Locks for Courtrooms Item # QTY. DESCRIPTION UNIT COST UNIT EXT. 1 2 MR52 Door Controller $947.07 $1,894.14 2 3 Badge Reader $279.00 $837.00 3 6 Maglock $246.31 $1,477.86 4 3 Pneumatic Exit Button $238.66 $715.98 5 4 Hold up/Panic Button $45.00 $180.00 6 1 4 Zone Annunciator $435.00 $435.00 7 1 Access Control/Alarm Cable $1,470.00 $1,470.00 Misc. Material & Supplies (Conduit, Anchors, junction boxes, wire 8 management, consumables, etc.) $950.00 $950.00 9 64 Installation & Testing $105.00/hr. $6,720.00 10 5 Programming $110.00/hr. $550.00 Total: $15,229.98 Notes: Additional fees will apply for any parts or damage on unforeseen items. Please be advised, quotes do not include tax. By signing below,we hereby agree, accept, and authorize Total Protection,Inc. to proceed with the work described above under the terms and upon conditions described herein: Signed: _ Date: WEB PAGE:www.totall2rotection.com EMAIL:DL(d)LOTALPROTECTION.COM PO BOX 4855 • CORPUS CHRISTI • TEXAS 78469 OFFICE(361)289—2788•FAX(361)289— 1688 Access Control Gates & Systems Operators Ansul Suppression Id Badging TOT4LSystems Systems Barrier Arms Intercom Systems PROTECT103N CCTV Turnstiles ECrash Gates Security Systems Inc. Gate Fencing Metal Detectors Fire Alarm Systems Parking Systems Fire Extinguishers "OUR NAME SAYS /T ALL" WEB PAGE:www.totalprotection.com EMAIL:DL(d)LOTALPROTECTION.COM PO BOX 4855 • CORPUS CHRISTI • TEXAS 78469 OFFICE(361)289—2788•FAX(361)289— 1688 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of January 9, 2024 1852 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziak(o-)-cctexas.com 361-826-7202 Acceptance of the FY24 Medical Reserves Corps (MRC) STTRONG grant contract in the amount of $47,242.00, and appropriation of the funds for the contract period beginning upon grant contract execution through May 30, 2025 CAPTION: Ordinance authorizing acceptance and future amendments of Medical Reserve Corps Grant for $47,242.00 from the Texas Department of State Health Services (DSHS); and appropriating $47,242.00 in the Health Grant Fund to provide support to Medical Reserve Corps units until May 30, 2025. SUMMARY: The MRC is a network of volunteers arranged locally to enhance community health and safety in the event of disasters. The MRC STTRONG grant award will be used for supplies, travel, recruitment, and other expenses to support the Corpus Christi-Nueces County Public Health District in creating a unit of capacity and capability to aid Nueces County in disaster preparedness, response, and recovery. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract in the amount of$47,242.00 to assist the Medical Reserve Corp Unit activities within the Corpus Christi- Nueces County Public Health District, beginning upon grant contract execution through May 30, 2025, for the purchase of supplies, equipment, travel expenses to support the preparedness and response activities enabling reasonable and appropriate response to events of public health consequences. The overall budget for the grant is $47,242. The budget consists of $14,845 for travel, $13,412 for supplies, and $18,985 for other expenses. This grant funds no positions. ALTERNATIVES: Refuse the FY24 MRC STTRONG grant and reduce the ability to build the capacity and capability of the Corpus Christi-Nueces County Public Health District Medical Reserve Corps Unit and thereby cause a delay in or prevent expedient and appropriate response to public health threats. FISCAL IMPACT: This Ordinance, Contract No. HHS001409300017 has a total contract value of $47,242.00 (reflecting $47,242.00 in federal funding and $0.00 in match funding) for FY2024 to FY2026. This Grant Agreement is effective upon grant contract execution and terminates on May 30, 2025, unless renewed, extended, or terminated pursuant to the terms and conditions of the Grant Agreement. COMMENTS: No fiscal impact to general fund. The grant award of$47,242.00 requires zero in-kind match. FUNDING DETAIL: Fund: 1066 Health Grants paid by the Department of State Health Services Organization/Activity: 831528F Department#: 15 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001409300017 Ordinance COF Ordinance authorizing acceptance and future amendments of Medical Reserve Corps Grant for $47,242.00 from the Department of State Health Services (DSHS); and appropriating $47,242.00 in the Health Grant Fund to provide support to Medical Reserve Corps units until May 30, 2025. WHEREAS, the Texas Health and Human Services Commission has awarded $47,242.00 for contract #HHS001409300017 to provide support to Medical Reserve Corps units. 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 the Medical Reserve Corps Grant with the Department of State Health Services ("DSHS") for a grant in the amount of $47,242.00 for the period starting upon execution, through May 30, 2025, to provide support to Medical Reserve Corps units. SECTION 2. Funds in the amount of $47,242.00 are appropriated from the grant to the Health Grants Fund No. 1066 for the purchase of supplies, equipment, travel expenses, and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. SECTION 3. The City Manager or designee is authorized to execute any future amendments to the Contract that extend the contract period or increase or decrease the amount of the grant. SECTION 4. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. 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 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001409300017 UNDER THE MEDICAL RESERVE CORPS GRANT PROGRAM The parties to this agreement("Grant Agreement" or"Contract") are the DEPARTMENT OF STATE HEALTH SERVICES ("System Agency"), a pass-through entity, and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT ("Grantee"), having its principal office at 1702 Horne Road, Corpus Christi, Texas 78416 (each a"Party" and collectively the "Parties"). I. PURPOSE The purpose of this Grant Agreement is to assist Medical Reserve Corps Units in building capacity and capability to help their respective communities be prepared for, respond to, and recover from disasters. Day-to-day, this takes the form of providing technical assistance, designing tools and resources,providing training opportunities and supporting exercise efforts. II. LEGAL AUTHORITY This contract is part of a cooperative agreement which falls under The Administration for Strategic Preparedness and Response (ASPR)/Department of Health and Human Services (HHS), Texas Health and Safety Code Chapter 81, and Texas Government Code Chapter 418. This Cooperative Agreement is issued per sections 311(c) and 2813 of the Public Health Service (PHS) Act (42 U.S.C. Sec. 243c and 300hh— 15). III. DURATION This Grant Agreement is effective on the signature date of the latter of the Parties to sign this agreement and terminates on May 30, 2025, unless sooner terminated pursuant to the terms and conditions of the Grant Agreement. This Grant Agreement does not include renewals. IV. STATEMENT OF WORK The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A. V. BUDGET AND INDIRECT COST RATE The total amount of this Grant Agreement will not exceed FORTY SEVEN THOUSAND TWO HUNDRED FORTY Two DOLLARS($47,242). Grantee is not required to provide matching funds. System Agency Grant Agreement,Contract HHS001409300017 Page 1 of 5 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO The total not-to-exceed amount includes the following: Total Federal Funds: $47,242 Total State Funds: $0 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. VI. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Grant Agreement on behalf of their respective Party. System Amcy Grantee Jennifer Silva Vicky Glenn Department of State Health Services Corpus Christi-Nueces County Public 1100 W. 49th Street, MC 1990 Health District Austin, Texas 78756 1702 Horne Road Jennifer.Silva@dshs.texas.gov Corpus Christi, TX 78416 vickyg@cctexas.com VII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing,include the Grant Agreement contract number, comply with all terms and conditions of the Grant Agreement, and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Department of State Health Services Attention: General Counsel 1100 W. 49th Street, Mail Code 1919 Austin, Texas 78756 with a copy to: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe, Mail Code 1100 Austin, Texas 78751 System Agency Grant Agreement,Contract HHS001409300017 Page 2 of 5 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO C. Notices given by System Agency to Grantee may be emailed, mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail,postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. VIII. FEDERAL AWARD INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER IS: XETBTPKCL895 Federal funding under this Grant Agreement is a subaward under the following federal award. Federal Award Identification Number (FAIN): _U3REP230710 • Assistance Listings Title, Number, and Dollar Amount: • Medical Reserve Corps Small Grant Program - 93.008 - $1,500,000 A. Federal Award Date: 06/01/2023 B. Federal Award Period: 06/01/2023 —05/30/2025 C. Name of Federal Awarding Agency: U.S. Department of Health and Human Services, Administration for Strategic Preparedness and Response D. Federal Award Project Description: Perform activities in support of the Medical Reserve Corps (MRC) - State, Territory and Tribal Nations, Representative Organizations for Next Generation (MRC-STTRONG) Awards as outlined within the Statement of Work. E. Awarding Official Contact Information: Stacey Dawkins, stacy.dawkinsghhs.gov F. Total Amount of Federal Funds Awarded to System Agency: $1,500,000 G. Amount of Funds Awarded to Grantee: $47,242 H. Identification of Whether the Award is for Research and Development: No IX.CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents. System Agency Grant Agreement,Contract HHS001409300017 Page 3 of 5 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—CONTRACT AFFIRMATIONS ATTACHMENT D—UNIFORM TERMS AND CONDITIONS--GRANT ATTACHMENT E—FEDERAL ASSURANCES ATTACHMENT F—CERTIFICATION REGARDING LOBBYING ATTACHMENT G—FFATA CERTIFICATION FORM X. SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Grant Agreement,Contract HHS001409300017 Page 4 of 5 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO SIGNATURE PAGE FOR SYSTEM AGENCY GRANT AGREEMENT, CONTRACT No.HHS001409300017 DEPARTMENT OF STATE HEALTH CORPUS CHRISTI-NUECES COUNTY SERVICES PUBLIC HEALTH DISTRICT Signature Signature Printed Name:- Printed Name:Dr_Fauzia Khan Title: Title: Date of Execution: Date of Execution: System Agency Grant Agreement,Contract HHS001409300017 Page 5 of 5 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A STATEMENT OF WORK Background The Texas Department of State Health Services (DSHS), Center of Health Emergency Preparedness and Response (CHEPR) functions as the state coordinating body for the local Medical Reserve Corps Units within the State of Texas. It is the responsibility of the State MRC Coordinator position to assist Units in building capacity and capability to help their respective communities be prepared for, respond to, and recover from disasters. Day-to-day, this takes the form of providing technical assistance, designing tools and resources, providing training opportunities and supporting exercise efforts. DSHS CHEPR also functions as the administrator and trainer for the ESAR-VHP volunteer management system, the Texas Disaster Volunteer Registry (TDVR). Gaps in our volunteer management processes have been noted during the COVID-19 response and many other previous responses. The agency seeks to utilize funding to strengthen our MRC capacity and capability both on the state and local level. On the state level, funding would be used for a number of enhancements to the TDVR system. These enhancements will allow for an easier and more efficient volunteer registration and management process. The proposed enhancements have been discussed with the MRC Units and are supported. For the local MRC Units themselves, sub-contracts would be established to provide funding to support staffing, training, recruitment, and community outreach efforts. L GRANTEE RESPONSIBILITIES Grantee shall perform activities in Nueces County in support of the Medical Reserve Corps (MRC) - State, Territory and Tribal Nations, Representative Organizations for Next Generation (MRC- STTRONG) Awards as outlined within this Statement of Work. Grantee may: A. Utilize Contract funding to either supplement current Medical Reserve Corps (MRC) staff salary, hire contract staff, hire part-time staff, or hire temporary staff. B. Utilize Contract funding for supplies and equipment to support trainings, exercises, or incident responses related to the MRC Unit. C. Develop, implement, and maintain a timekeeping system for accurately documenting staff time and salary expenditures for all staff funded through this Contract, including partial full-time employees and temporary staff. System Agency Contract No.HHS001409300017 Page 1 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A STATEMENT OF WORK D. Track all activities related to volunteer recruitment and community outreach efforts and report into the MRC national reporting website (https://mrc.hhs._og v/lo_gin) on a monthly basis. Community outreach efforts shall be defined as meetings or trainings with community or faith-based partners, presentations to organizations or the community, or attendance at community events. E. Develop new relationships with community and faith-based partners for volunteer recruitment efforts and community preparedness outreach and education; document all meetings, trainings, and events attended into the MRC national reporting website on a monthly basis. Share best practices recognized from recruitment and community outreach activities as requested by DSHS TDVR2dshs.texas.gov .. G. Train new staff hired under this Contract in reporting into the MRC national reporting website and ensure all MRC activities are logged on a monthly basis. H. Have MRC staff (and any designees) attend a training for the new version of the Texas Disaster Volunteer Registry (TDVR). I. In coordination with DSHS, provide training to MRC Unit volunteers on the new version of TDVR. J. Utilize funding from this Contract to support travel to a statewide MRC workshop (date and location TBD from DSHS program staff). IL REPORTING REQUIREMENTS Grantee shall: A. Complete and submit programmatic reports as needed to satisfy information-sharing requirements set forth in Texas Government Code, Sections 421.071 and 421.072 (b) and (c), as amended. Grantee shall provide System Agency other reports, including financial reports, that System Agency determines necessary to accomplish the objectives of this Contract and to monitor compliance. System Agency Contract No.HHS001409300017 Page 2 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A STATEMENT OF WORK B. Grantee shall submit a Financial Status Report(FSR) in accordance with the due dates and submission methods. The first FSR(Upon execution, through December 31, 2023) is due by January 31, 2024. The second FSR(for the period January 1, 2024, through June 30, 2024) is due by July 31, 2024. The third FSR(for the period July 1, 2024, through December 31, 2024) is due January 31,2025. The fourth FSR(for the period January 1, 2025, through May 30, 2025) is due by July 15, 2025. C. All reporting documents must be submitted according to the due dates and submission method(s) outlined in Attachment C, FY2024 Requirement Schedule. If System Agency determines Grantee needs to submit reports by mail or fax, Grantee shall send the required information to one of the following: 1. For submission by mail, use address below: Department of State Health Services Claims Processing Unit P.O. Box 149347 Austin, TX 78714-9347 2. For submission by fax, use number below: (512) 458-7442 D. Immediately notify System Agency in writing if Grantee is legally prohibited from providing any report required under this Contract. III. RULES A. Comply with all applicable federal and state laws, rules, and regulations, as amended, including, but not limited to, the following: a. Public Law 109-417, Pandemic and All-Hazards Preparedness and Advancing Innovation Act("PAHPAI"); b. Texas Health and Safety Code Chapter 81; and c. Section 319C-1 of the Public Health Service (PHS) Act (47 USC § 247d-3a), as amended. IV. PERFORMANCE MEASURES A. Contractors will need to provide data and information (template to be provided) for quarterly progress reports to DSHS on the following dates: System Agency Contract No.HHS001409300017 Page 3 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A STATEMENT OF WORK Reports Deadline Responsible Parties Quarterly Progress Reports September 23, 2023 Contractor December 22, 2023 March 25, 2024 June 24, 2024 September 23,2024 December 23, 2024 March 24, 2025 June 23, 2025 B. System Agency may waive quarterly progress reports when all funds have been spent and all activities reported. C. System Agency will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract's terms and conditions. V. INVOICE AND PAYMENT A. Grantee shall request payments using the State of Texas Purchase Voucher (Form B-13). Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail. Grantee will be reimbursed on a monthly basis in accordance with the budget under this contract. Reimbursement is subject to the submission of the required Form B-13 and appropriate supporting documentation, and in accordance with applicable law and governing regulations. At a minimum, invoice should include: 1. Grantee name, address, email address, vendor identification number and telephone number; 2. DSHS Contract or Purchase Order number; 3. Identification of service(s)provided; 4. The total invoice amount; and 5. Any additional supporting documentation which is required by this Statement of Work or as requested by System Agency. System Agency Contract No.HHS001409300017 Page 4 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT A STATEMENT OF WORK B. Grantee shall submit Form B-13 and supporting documentation to DSHS by e-mail, fax, or mail. 1. If by email, Grantee shall submit to: invoicesgdshs.texas.gov, CMSInvoicesgdshs.texas.gov, and a copy to the DSHS Contract Representative. 2. If by fax, Grantee shall submit to (512) 458-7442. 3. If by mail, Grantee shall submit to: Department of State Health Services Claims Processing Unit P.O. Box 149347 Austin, TX 78714-9347 C. System Agency will pay Grantee monthly on a cost reimbursement basis. System Agency will reimburse Grantee only for allowable and reported expenses incurred within the grant term. D. Grantee shall submit a Financial Status Report(FSR)twice per year in accordance with Table 2: FSR Reporting Schedule. Grantee shall submit the FSR by: (1) email to invoices2dshs.texas.gov, FSRGrants2dshs.texas.gov, with a copy to the DSHS Contract Representative; (2) fax to (512) 458-7442; or by mail to Department of State Health Services, Claims Processing Unit, P.O. Box 149347, Austin, TX 78714-9347. Table 2: FSR Reporting Schedule FY 1sT FSR Period IST FSR Due 2ud FSR Period 2ud FSR Due Year Date Date Contract execution- January 31, January 1, 2024, 2024 December 31, 2023 2024 through June 30, July 31, 2024 2024 2025 July 1, 2024, through January 31, January 1, 2025 July 15, 2025 December 31, 2024 2025 —May 30, 2025 System Agency Contract No.HHS001409300017 Page 5 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ATTACHMENT B BUDGET FY24 BUDGET CATEGORIES DSHS FUNDING Personnel $0.00 Fringe Benefits $0.00 Travel $14,845.00 Equipment $0.00 Supplies $13,412.00 Contractual $0.00 Other $18,985.00 Sum of DSHS Direct Costs $47,242.00 Indirect Costs $0.00 Sum of DSHS Direct Costs and Indirect Costs $47,242.00 Plus Required Match(Cash or In- $0.00 Kind) Total Contract Amount $47,242.00 DSHS Contract No.HHS001409300017 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO HEALTH AND HUMAN SERVICES Contract Number HHS001409300017 Attachment C CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as"Contractor") regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 1 of 13 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SANT) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 3 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 44. Cloud Computing State Risk and Authorization Management Program (TX-RAMP) In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran, North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i)neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and(ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent,phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2)no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed. Signature of Authorized Representative Date Signed Dr.Fauzia Khan Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name Physical Street Address City, State,Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission(HHSC) and the Department of State Health Services(DSHS). These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS........................... 6 1.1 DEFINITIONS ......................................................................................................... 6 1.2 INTERPRETIVE PROVISIONS.................................................................................. 7 ARTICLE II. PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT................................................................................................ 8 2.2 TAXES.................................................................................................................... 8 2.3 ANCILLARY AND TRAVEL EXPENSES ................................................................... 9 2.4 BILLING................................................................................................................. 9 2.5 USE OF FUNDS....................................................................................................... 9 2.6 USE FOR MATCH PROHIBITED.............................................................................. 9 2.7 PROGRAM INCOME ............................................................................................... 9 2.8 NONSUPPLANTING................................................................................................. 9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES .............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS ......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS ................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 15 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY.......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLE X. INDEMNITY.............................................................................................. 21 10.1 GENERAL INDEMNITY......................................................................................... 21 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 22 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 11.5 INSURANCE AND BONDS...................................................................................... 23 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 24 11.8 SUBCONTRACTORS.............................................................................................. 24 11.9 PERMITTING AND LICENSURE ............................................................................ 24 11.10 INDEPENDENT CONTRACTOR............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 25 11.12 SEVERABILITY..................................................................................................... 25 11.13 SURVIVABILITY................................................................................................... 25 11.14 FORCE MA.IEURE ................................................................................................ 25 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 11.17 MEDIA RELEASES ............................................................................................... 26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 26 11.19 SOVEREIGN IMMUNITY....................................................................................... 26 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 27 11.21 COUNTERPARTS.................................................................................................. 27 11.22 PROPER AUTHORITY........................................................................................... 27 11.23 E-VERIFY PROGRAM .......................................................................................... 27 11.24 CIVIL RIGHTS...................................................................................................... 27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 28 11.26 DISCLOSURE OF LITIGATION.............................................................................. 28 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 29 11.28 BINDING EFFECT................................................................................................. 29 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment'' means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract" or"Grant Agreement''means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Prope . Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "Pte" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement'' or"Request for Applications (RFA)" means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveT' means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Grantee must perform to complete the Project, as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO B. "Overpayments" as used in this Section include payments (i) made by the System Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO threshold amount includes federal funds passed through by way of state agency awards. iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_repoy2hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit repog2hhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement;and all deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws, rules, and regulations, as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display,perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten(10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. R When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7)years after the Grant Agreement expiration date or seven (7)years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies, sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall use the Texas Abuse Hotline Website located at https:///www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; ii. Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. In addition, if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority, power, or use is granted or implied. Grantee may not incur any debt, HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above, System Agency reserves the right, in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums, permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. 11.11 GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners, pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extent possible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: hllps://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil//hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-offi ce/civi l-ri ghts-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512)438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Office of Data, Analytics, and Performance. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID:6D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO OMB Number:4040-0007 Expiration Date: 02/28/2025 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794), which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended(42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107), which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972(P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970(P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i) any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, (j)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied, with the 1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964(P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b) Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c) Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:61D61A2132-C1 D2-423E-8EDB-5DOFB7DB21 FO 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE :1 1 APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO CERTIFICATION REGARDING LOBBYING Certification for Contracts,Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant,loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. APPLICANT'S ORGANIZATION PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: ' First Name:Pr.Fauzia Khan Middle Name: •Last Name: r.Fauzia Khan Suffix: •Title: SIGNATURE: ' DATE: DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO ©Ji'.TEXAS Department of State Texas De 1C`e: HealthanclHuman p Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Primary Address of Contractor: Zip Code: 9-digits required www.usos.com Unique Entity ID (UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.nov (VIN) - 14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Dr.Fauzia Khan Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Envelope ID:6D61A2B2-C1 D2-423E-8EDB-5DOFB7DB21 FO Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes ❑ No ❑ B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑ If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: 2 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Certificate Of Completion Envelope Id:6D6lA2B2ClD2423E8EDB5DOFB7DB21FO Status: Sent Subject: HHS001409300017 Corpus Christi Contract Packet.pdf Source Envelope: Document Pages:58 Signatures: 0 Envelope Originator: Certificate Pages:2 Initials: 0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.16 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 11/14/2023 3:02:16 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Dr. Fauzia Khan Sent: 11/14/2023 3:16:05 PM fauziak@cctexas.com Viewed: 11/14/2023 3:18:06 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jonah Wilczynski jonah.wilczynski@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Patty Melchior Patty.MeIchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Gruber David.Gruber@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 CMS Internal Routing Mailbox cros.internalrouting@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Silva Jennifer.Silva@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 11/14/2023 3:16:05 PM Payment Events Status Timestamps Two Reading Ordinance Ordinance authorizing acceptance and future amendments of Medical Reserve Corps (MRC) Grant for $47,242.00 from the Department of State Health Services (DSHS); and appropriating $47,242.00 in the Health Grant Fund to provide support to Medical Reserve Corps units until May 30, 2025. City Council January 9, 2024 Background and Staff Recommendation FY24 MRC STTRONG Grant • The grant award is intended to support the Corpus Christi-Nueces County Public Health District in creating a unit of capacity and capability to aid Nueces County in disaster preparedness, response, and recovery. • Supported grant funded activities below: o Providing technical assistance and designing tools and resources o Providing training opportunities and supporting exercise efforts o Enhance community emergency preparedness and response o Enable MRC unit to enhance health equity during disasters City Council January 9, 2024 Fiscal Impact Fundinq Impact: Total Operating budget is $47,242.00 with zero expected Program Income • Budget breakdown: o $14,845 for travel o $13,412 for supplies o $18,985 for other expenses associated with MRC Program • Grant begins upon contract execution through May 30, 2025. • There is no fiscal impact. o The grant requires $0 in-kind match. Staff Recommendation: Approval of the two-reading ordinance. City Council January 9, 2024 SC o° a w � � -�� AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of January 09, 2024 �852~ Second Reading Ordinance for the City Council Meeting of January 23,2024 DATE: November 29, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager Heatherh3(a)cctexas.com 361-826-3506 Approval of Eleventh Amendment to the TIRZ#3 Project & Financing Plan CAPTION: Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on November 28, 2023, which expands eligibility under the Commercial Finish-Out Program. SUMMARY: The purpose of this item is to approve an amendment to the Project & Financing Plan for TIRZ #3 that will add language to the Commercial Finish-Out Program to include wall construction to separate existing spaces into more leasable space. 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 eleventh amendment adds the below language to the Commercial Finish-Out Program: - Commercial Finish-Out Program 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. Additionally, wall construction could be required to separate existing spaces into more than one leasable space. Thus, 50% of Mechanical, Electrical, Plumbing, and/or Wall Construction 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. Payout to landlord will occur when the tenant receives a Certificate of Occupancy. ALTERNATIVES: City Council may choose not to adopt the eleventh Amendment to the Project & Financing Plan. FINANCIAL IMPACT: There is no financial impact. RECOMMENDATION: Staff recommends approving the amendment to the TIRZ #3 Project & Financing Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance— Eleventh Amendment to TIRZ #3 Project & Financing Plan Eleventh Amendment to TIRZ #3 Amended Project & Financing Plan (Track Changes Version) Presentation — Eleventh Amendment to Project & Financing Plan Ordinance approving the amended Tax Increment Reinvestment Zone #3 Project & Financing Plans, which expands eligibility under the Commercial Tenant Finish Out Program as approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on November 28, 2023. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project & Financing Plan;" WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on November 14, 2023; WHEREAS, on November 28, 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 expanded eligibility under the Commercial Finish Out Program; 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 November 28, 2023. A copy of the Plan is attached hereto and incorporated by reference. Introduced and voted on the day of , 2023. PASSED and APPROVED on the day of ' 2023. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi / Corpus Christi Downtown Management District Downtown Corpus Christi Tax Increment Reinvestment Zone #3 Project and Financing Plan 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Contents Introduction ..................................................................................................................................................3 Criteria for Zone Creation.........................................................................................................................3 A Consistent Vision for Downtown...........................................................................................................3 Anticipated Zone Role in Downtown Improvements ...............................................................................4 ProjectPlan...................................................................................................................................................4 Existing Uses and Conditions/Boundaries§311.01 (b) (1) .......................................................................4 SEADistrict-..........................................................................................................................................4 Uptown................................................................................................................................................5 Marina Arts District (Downtown Management District).....................................................................5 SouthDowntown................................................................................................................................5 Municipal Ordinances §311.011 (b) (2)....................................................................................................6 City Planned Improvements (Non Project Costs) §311.011 (b) (3) ..........................................................6 Relocation §311.011 (b) (4) ......................................................................................................................6 FinancingPlan...............................................................................................................................................6 Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2)................................................................................................................6 Economic Feasibility Study§311.011 (c) (3)...........................................................................................11 Estimate of Bonded Indebtedness §311.011 (c) (4)...............................................................................11 Timing of Incurring Costs or Monetary Obligation §311.011(c) (5)........................................................11 Method of Financing and Sources of Revenue §311.011(c) (6)..............................................................11 Methodsof Financing. ........................................................................................................................11 Sourcesof Revenue.............................................................................................................................12 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8)..........................12 Duration of the Zone §311.011(c)(9)......................................................................................................12 Exhibit B. - Legal Description of the Zone...................................................................................................14 Exhibit C. -Tracking List of Project Plan Changes By Year..........................................................................16 Exhibit D. Downtown Development Projects .............................................................................................17 21 Page City of Corpus Christi / Corpus Christi Downtown Management District Introduction The Downtown Corpus Christi Tax Increment Reinvestment Zone#3 (TIRZ#3) will provide the programs, projects and financing needed to develop public improvements and support economic development activities associated with revitalization of the greater downtown Corpus Christi area. TIRZ#3 consists of a twelve person Board of Directors, is supported by the City's Economic Development staff and the Corpus Christi Downtown Management District(DMD). In 2008, through Ordinance 027996, the City of Corpus Christi created TIRZ #3 over a portion of the city that includes the DMD, as well as all blocks north east of Tancahua Street and Morgan Avenue. In 2015, Ordinance 03592 modified the scope of TIRZ#3, based on findings of the City's Downtown Area Development Plan(DADP). A timeline of subsequent amendments to this document can be found in Appendix. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualifies for designation as a "Reinvestment Zone" because it suffers from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions that meet the Criteria of Chapter 311, Section 005 include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311,these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." A Consistent Vision for Downtown For decades, planning efforts have been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ#3, but further implementation was limited. Other planning efforts have included: 2004—Bayfront Master Plan—City of Corpus Christi Planning Department 2006—Downtown Redevelopment Report 2013—Central Business Development Plan—City of Corpus Christi Planning Department 2014—Regional Urban Design Assistance Team - UDAT 2014—Three Year Strategic Plan—Downtown Management District 2015—Downtown Area Development Plan—City of Corpus Christi Planning Department 2017—Three Year Strategic Plan—Downtown Management District 2022—2027 Five Year Strategic Plan 31 Page City of Corpus Christi / Corpus Christi Downtown Management District The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of TIRZ#3. It stated that the"current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown." The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is a key catalyst and funding source to change the public environment in Downtown. By establishing programmatic frameworks we are able to leverage private sector funding and serve the public purpose of eliminating blight. By improving and enhancing streets, sidewalks, and public spaces, and upgrading utilities, TIRZ #3 will facilitate vacant land development and the redevelopment or rehabilitation of existing uses. The intended result is a vibrant Downtown and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) TIRZ#3 includes approximately 856 acres wholly within the City of Corpus Christi. A very wide variety of land uses are present within the TIRZ. The o 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 TFlx INC FIN3 neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned, cultural and entertainment facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • • Corpus Christi Museum of Science& History - • Art Museum of South Texas 41 Page City of Corpus Christi / Corpus Christi Downtown Management District • Whataburger Field • Concrete Street Amphitheater • American bank Convention Center&Arena • Railroad Seafood • Harbor Playhouse • Heritage Park • Brewster Street Icehouse 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 20`"century single family homes and multi-family residential developments. The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. 51 Page City of Corpus Christi / Corpus Christi Downtown Management District A defining feature of this neighborhood is the 34 acres of park land called Water's Edge.The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ #3 Boundaries and recently completed a $325 million upgrade. This area has had multiple district names.... Municipal Ordinances §311.011 (b) (2) Changes to municipal ordinances in TIRZ#3 may include: requirements for vacant buildings, requirements for vacant land, development codes to support residential and recreational activity, design requirements to support the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City operates a robust public improvement program, utilizing voter approved bond funds, capital improvement funds, and general fund improvements. Recently completed projects and planned projects are listed below. Project Source Timeframe Cost Status as of 1/2023 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Pedestrian Bond 2012 2015-2016 $500,000 Done Improvements Chaparral Street Two Way Bond 2014 2015-2016 $9,000,000 Done Conversion Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2022 $500,000 In Progress Shoreline Crosswalks Bond 2018 2022 $850,000 In Progress Downtown Lighting Bond 2018 2023 $650,000 Pending Design Broadway Bluff Balustrade Bond 2022 2023 $2,600,000 Pending Design Stabilization Water Street Reimagined CIP & Estimated to Pending Design Future Bond Future cost $20,000,000 Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ#3 will participate in projects that support the development and economic activity projected in the DADP. With vast vacancy and deferred maintenance, these public private partnership programs provide frameworks that create a signal for private sector investment. The focus is on street level vibrancy, residential and mixed-use development. Generally,TIRZ#3 will aim to provide under 20%of project cost, but may provide up to 30%for catalytic projects and excessively blighted spaces. Exceptions may be made 61 Page City of Corpus Christi / Corpus Christi Downtown Management District to the guidelines below for catalytic projects with TIRZ#3 Board approval.The DMD is contracted through interlocal service agreement to manage the programs and initiatives below. Estimated project cost is$25 million, equivalent to the anticipated revenues. TIRZ #3 will make funding available for five targeted development programs and additional initiatives: 1. Targeted Vacant Property Improvement Grant Program (Created 2016) — This matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street. Due to its"Main Street" characteristics and its function of connecting the Marina Arts District and SEA Districts, Chaparral Street is a first phase priority for successful revitalization of TIRZ #3. Due to the vacancy rate and existing building stock along Mesquite, it is a second phase priority.TIRZ#3 will consider a 50/50, on renovation construction costs. 2. Commercial Finish-Out Grant Program (Created 2016) — To create more dining, retail and entertainment venues, TIRZ #3 will agree to reimburse approved new tenants and owner-occupied finish-outs at a maximum rate of$10 per square foot. For an owner-occupied business to qualify for finish out or remodels, the incentive, they must be established for at least 10-years. Evidence of operation must be provided upon application submission. Qualified finish-out expenses include floor and wall upgrades, HVAC, kitchen equipment, and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Landlord Policy — Due to severe lack of building maintenance, many buildings require significant mechanical, electrical, or plumbing repairs that cannot be funded by a small business tenant. Additionally, wall construction could be required to separate existing spaces into more than one leasable space. Thus, 50% of Mechanical, Electrical, Plumbing, and/or Wall Construction 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. Payout to landlord will occur when the tenant receives a Certificate of Occupancy. 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 71 Page City of Corpus Christi / Corpus Christi Downtown Management District creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities S. Streetscape and Safety Improvement Program(Created 2018)—Following the 2017 Traffic& Planning Analysis,TIRZ#3 created a program to assist with improvements that increased quality of streetscapes and safety in the zone. This includes reimbursement of 50% of costs for exterior facade, patio improvements, parklets, sidewalk and patio cafes, lighting, security, and other items identified as meeting the spirit of the program. Additionally,the roof of a vacant structure will qualify if the scope of work includes activating the property. Imaller 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 81 Page City of Corpus Christi / Corpus Christi Downtown Management District infrastructure such as meters, lot improvements, structured garages, and occupancy monitoring systems. 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) 91 Page City of Corpus Christi / Corpus Christi Downtown Management District 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 the converted residential units and are included on the list of expenses eligible for reimbursement under this program. • Developer reimbursement payout to be within 5 years after the completion of the project but a shorter payout period may be considered. Reimbursement schedule dependent upon available TIRZ fund balances. Eligible Building List Building Name Address Building Name Address Bayview Tower 400 Mann Park Tower 710 Buffalo Guaranty Title Bldg 921 N Chaparral The Chamberlain 807 N Upper Broadway Caller Times Bldg. 820 N Lower Broadway 802 NC 802 N Carancahua One Shoreline Plaza 801 N Shoreline Petroleum Tower 811 N Carancahua Furman Plaza 418 Peoples Former Wells Fargo Bldg 615 N Upper Broadway Peoples Street Bldg. 402 Peoples American Bank Plaza 711 N Carancahua Plains Capital Bank Tower 500 N Shoreline 600 Building 600 Leopard 1st Community Bank Tower 500 N Water Wilson Plaza 606 N Carancahua Former Supreme Lending Bldg. 325 Mesquite Tower II 555 N Carancahua Bay Building 101 N Shoreline Borden Insurance Bldg 210 N Carancahua 10. Technology, Innovation, and Startup Ecosystem Development — TIRZ #3 contains over 3,000,000 square feet of office space that has maintained a high level of vacancy since the late 1980's. TIRZ#3 will support the development of an ecosystem where technology, innovation, startups, and entrepreneurs may launch new enterprises and contribute to the economic development of the downtown area. Specific projects may include Wi-Fi expansion, a co-working space, business incubator, and other platforms, in partnership with the DMD, CCREDC, Texas A&M University Corpus Christi, Del Mar College, and other innovation-oriented institutions. 11. Other Revitalization Services — The DMD will also provide revitalization services to the zone. These services will include operations — such as cleaning, beautification, landscaping and seasonal improvements; as well as activities that improve business operations and climate, as allowed by Chapter 311;as well as activities approved by the Board that are found to be convenient for improving implementation of the proiect and financing plan. The DMD will propose an annual list of one-time 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 101 1 a g e City of Corpus Christi / Corpus Christi Downtown Management District 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. Finally, TIRZ #3 will compensate the City and the DMD (subject to an interlocal agreement between the TIRZ #3 and the DMD) for the costs of ongoing administration of TIRZ #3, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In support of the DADP, Goody Clancy completed additional studies that reflect the more recent environment, and emphasize the importance of residential development in any revitalization. Additional analysis have been undertaken to keep data updated.Those studies include: • 2014 Residential Market Potential (Zimmerman/Volk) • 2014 Retail Market Analysis & Strategy(Mike Berne) • 2014 Hotel, Office, Retail (W-ZHA, Sarah Woodworth) • 2014 Incentives & Development Economics (W-ZHA, Sarah Woodworth) • 2017 Residential Analysis- (RCLCO) • 2021 Residential Analysis- (RCLCO) • 2021 Retail Leakage Report—(The Retail Coach) Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the TIRZ#3 based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. Annual Budgets are included in Exhibit C. Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the TIRZ #3 property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. 111 Page City of Corpus Christi / Corpus Christi Downtown Management District • 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. 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 propertyvalue increment within TIRZ#3. The City,County,and Del Mar College have agreed to participate in funding TIRZ #3 with 100% of the incremental property taxes collected over the life of the Zone. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951' 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 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 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is$310,019,372. The table above projects taxable value increment captured by the Zone over the remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5% annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the Zone §311.011(c)(9) TIRZ #3 will exist until 2028, however, City may extend the term of the TIRZ #3 by ordinance and other taxing entities may choose to participate for the additional term. 121 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A—Boundaries & Land Use ------ AW - Tax Increment Finance District#3 L ice, _ 6 ELL -- r i II�`O 1711 NEE ,: low iwm �r_ r € ,=µ • TIRZ Boundary • SEA District • Uptown • Marina Arts District(DMD) y • Bavvshore Park � f .. -T i RW , 44 Legend i - � ,, Cilyol m" r C'fuTtuti Chrkti Ee4iq L.•M Uo r moo. 6. F' c.wn A L� exdw m.nwnun P Pared By.MBB .. Printing Dare TWSY y,O=bG fe.20079 i.LA7AM � L PrP-1 Source CrfyG Cmws ChW-LbWrlapmenl 5•nnroa + °°""°"""^°"^''"' 13 gage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B. - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an"A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan,Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1,Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1,Block 58 out of the Beach Addition,to its Southwest corner for a point; 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 151 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C. -Tracking List of Project Plan Changes By Year April 2009— Expansion of Boundaries March 2012 -Correction of Termination Date August 2014- Correction of Board Composition First Amendment (FY 2015) — Overhaul and update of the project and financing plan based upon new market information and the Downtown Area Development Plan findings. Second Amendment (FY 2017) —To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7) updated as Exhibit C—FY2017 Project Plan Budget. Third Amendment (FY 2017)—this Amendment renames the (5) Site Assembly & Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note: Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment(FY 2018)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. Fifth Amendment(FY 2021)—this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment(FY 2021)this Amendment modifies two incentive programs to expand their impact— New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. This Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Seventh Amendment (FY 2022)this Amendment modifies the New Commercial Tenant Finish Out Program remove the "New" and "Tenant"from the qualifying requirements to become "Commercial Finish-Out Program"to expand the qualifying categories. Eighth Amendment(FY 2023)this Amendment adds Innovation and Tech Led Economic Development. Ninth Amendment (FY 2023)this Amendment increased per unit incentive for the Downtown Living Initiative to $30,000 or$30,000 of per unit development costs; added roofs as a qualifying category for Streetscape & Safety Program and added special use and pocket parks to Public Space, Right of Way and Streetscape Development. 161 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit D. Downtown Development Projects Performance Incentive Completed Projects Address Incentive TIRZ Meeting Deadline Project Cost Incentive Value Paid Out The Chamberlain 807 N Upper Broadway Project Specific 9/17/19 3/31/21 $ 11,000,000.00 $ 520,000 $ 520,000 Frost Bank 501 S Shoreline Project Specific 10/24/17 3/31/21 $ 35,000,000.00 $ 600,000 $ 600,000 Marriott 309 N Shoreline Project Specific 11/15/16 11/30/19 $ 15,000,000.00 $ 940,000 $ 148,965 Stonewater(401 S Water) 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 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Chap Street 12/4/18 4/1/19 $ 72,465.00 $ 20,390 $ 20,390 Chels Marie 903 N Chaparral Chap Street 11/20/18 $ 16,878.00 $ 8,439 $ 8,439 Urbana 424 Chaparral Chap Street 1/26/16 $ 500,000.00 $ 72,000 $ 72,000 BUS 702 N Chaparral Chap Street 2/1/17 2/1/18 $ 940,000.00 $ 100,000 $ 100,000 Limerick Apts(Ronjo V) 201 S Chaparral DLI 9/17/19 8/31/20 $ 1,700,000.00 $ 220,000 $ 220,000 Studio 44 Apts 817N Carancahua DLI 4/12/16 7/31/19 $ 2,900,000.00 $ 185,000 $ 185,000 Muse Bistro(Tenant) 414 Starr New Tenant 1/28/20 10/31/20 $ 40,000.00 $ 7,888 $ 7,888 Fresco(Tenant) 619 N Chaparral New Tenant 3/19/19 7/31/19 $ 92,000.00 $ 22,640 $ 22,640 K Space(Tenant) 623 N Chaparral New Tenant 2/29/20 2/29/20 $ 32,450.00 $ 6,490 $ 6,490 CreBive Culture(Tenant) 423 William New Tenant 2/27/18 $ 34,548.00 $ 6,910 $ 6,910 Nueces Brewing(Tenant) 4015 Water New Tenant 5/15/18 6/30/19 $ 1,070,000.00 $ 61,700 $ 61,700 Produce Art Gallery 419 Peoples New Tenant 9/29/20 7/31/21 $ 63,500.00 $ 7,500 $ 7,500 Elizabeth's Art Museum New Tenant 3/30/21 7/31/21 $ 95,533.00 $ 23,280 $ 23,280 Commons New Tenant(Admin) 4/30/21 $ 20,000.00 $ 5,475 $ 5,475 Americano Properties 415-419 Peoples Streetscape 8/27/19 8/31/20 $ 425,000.00 $ 93,450 $ 93,450 Dtown Ca mash Club(Tenant) 417 Mesquite Streetscape 12/17/19 10/31/20 $ 500,000.00 $ 45,923 $ 45,923 Aka Sushi 415 N Water Streetscape 11/19/19 4/30/20 $ 434,000.00 $ 117,300 $ 117,300 Dokyo 424 N Chaparral Streetscape 9/17/19 1/31/20 $ 440,000.00 $ 36,527 $ 36,527 Shook 106 N Chaparral Streetscape 2/19/19 9/30/19 $ 6,164.00 $ 3,082 $ 3,082 HOR 623 Mesquite Streetscape 2/19/19 4/30/19 $ 15,572.00 $ 7,786 $ 7,786 The Goldfish Bar(Treiber) 724 Mesquite Streetscape 2/7/20 4/7/20 $ 85,000.00 $ 9,230 $ 9,230 H2O Market Trust-Oyster Bar 309N Water Streetscape 9/23/19 1/31/20 $ 21,964.00 $ 10,000 $ 10,000 H2O Market Trust-Lucy's 312 N Chaparral,Ste.A Streetscape 3/5/19 4/5/19 $ 7,138.00 $ 3,569 $ 3,569 Tim Clower-KSpace 623 N Chaparral Streetscape 8/27/19 3/31/20 $ 40,150.00 $ 20,075 $ 20,075 Visit CC 309 N Water,Ste.D Streetscape(Admin) 11/13/20 1/31/21 $ 465.00 $ 233 $ 233 Rockit's 709 N Chaparral Streetscape $ 21,200.00 $ 10,000 $ 10,000 IBC 221 S Shoreline Streetscape 9/30/18 $ 16,721.00 $ 8,360 $ 8,360 GoldFish(R.Cooper) 724 Mesquite Streetscape $ 2,534.00 $ 1,267 $ 1,267 Water Street Gardens Streetscape(Admin) 2/5/21 4/1/21 $ 22,000.00 $ 10,000 $ 10,000 AAdi 1001 2nd St Streetscape 4/27/21 9/30/21 $ 168,000.00 $ 24,036 $ 24,036 ESC#2 209N Water Streetscape 7/27/21 10/31/21 $ 37,226.00 $ 18,613 $ 18,613 Aadi Mural 1001 2nd St Streetscape 1/24/22 5/30/22 $ 20,150.00 $ 9,825 $ 9,825 Vernon's 1030 3rd St Streetscape 10/22/21 9/21/21 $ 23,870.00 $ 10,000 $ 10,000 Private Wealth Group 1102 Santa Fe Streetscape 9/21/21 9/30/22 $ 133,500.00 $ 66,750 $ 66,750 Hypebyke 311 Peoples Commercial Finish Out 1/22/22 12/31/22 $ 34,825.00 $ 12,000 $ 12,000 Hybrid Records 417 Peoples Commercial Finish Out 1/22/22 4/30/22 $ 20,000.00 $7,040 $7,040 All Good Fitness 424 Schatzel Commercial Finish Out 5/24/22 1/31/22 $ 100,000.00 $ 39,000 $ 23,010 $ 71,988,456 $ 1,247,452 $ 1,205,952 This will be updated when project plan is amended. 171 Page 11t" Amendment to TIRZ #3 Project & Financing Plan November 28, 2023 Project Plan Overview 1 Targeted Vacant Building Program 2 Commercial Finish Out Program" 3 Downtown Living Initiative 4 Project Specific Development Agreement 5 Streetscape and Safety Improvement Program 6 Site Management & Vacancy Development 7 Parking Development 8 Public Space, Right of Way & Streetscape Development 9 Targeted Office to Residential Conversion Program 10 Technology, Innovation and Startup Ecosystem Development 11 Other Revitalization Services 12 Rooftop Activation Program Commercial Finish-Out Program 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. Additionally, wall construction could be required to separate existing spaces into more than one leasable space. Thus, 50% of Mechanical, Electrical, Plumbing, and/or Wall Construction. 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. Payout to landlord will occur when the tenant receives a Certificate of Occupancy. se o v AGENDA MEMORANDUM N1ORPORpI First Reading for the City Council Meeting of January 9, 2024 1852 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E., Assistant Director, CCW NickW(o-)-cctexas.com 361-826-1796 Drew Molly, Interim Chief Operating Officer, CCW DrewM(a-)cctexas.com (361) 826-1853 Amendment No. 1 to Lease Agreement with the Riley P. Dog Park, Inc. CAPTION: Ordinance authorizing an amendment to the existing lease agreement with Riley P. Dog Park, Inc. for the use of the property located adjacent to the Whitecap Wastewater Treatment Plant for an additional three-year term with two additional one-year terms. PURPOSE: This Ordinance amends the lease agreement between the City and Riley P. Dog Park, Inc. to extend the agreement by an additional three years with two additional one-year option terms. The Riley P. Dog Park, Inc. is privately managed and is located adjacent to the City's Whitecap Wastewater Treatment Plant. BACKGROUND AND FINDINGS: In December 2018, City Council approved a five-year lease with Riley P. Dog Park, Inc., a Texas nonprofit corporation. The five-year lease allows for the construction, which has already been completed, and the operation and maintenance of the dog park at no charge to the public. The dog park is located on a 2.5-acre tract of City property located adjacent to the City's Whitecap Wastewater Treatment Plant. Per the lease agreement, Riley P. Dog Park, Inc. is obligated to maintain the property in good repair as the City has no responsibility for maintenance or repair of the premises or improvements. Riley P. Dog Park, Inc. is a private organization which manages this lease. The area is not a City park but it is open and accessible to the public per their agreement with the City. The current agreement expired in December 2023, but the City and Riley P. Dog Park, Inc. agreed to amend the agreement in order to add an additional three years to the term with two additional one- year option terms. As part of the amendment, the City will reserve the right to cancel the lease at any time upon 90 days' advance written notice to Riley P. Dog Park, Inc. The ability for the City to cancel the lease is important because of the dog park's adjacency to the Whitecap Wastewater Treatment Plant. Specifically, due to the dog park being located adjacent to the Whitecap Wastewater Treatment Plant, any future expansion of the Wastewater Treatment Plant would likely require the use of the area associated with this lease. Depending upon the size of the future expansion, it might require that the dog park be moved to another portion of the property or another location altogether. Currently, the timeframe for the expansion of the Whitecap Wastewater Treatment Plant is undetermined but is estimated to take place within the next five to 10 years. The timeframe will depend heavily upon the rate of development for the Whitecap Preserve and other development projects in that area. Per the lease agreement, Riley P. Dog Park, Inc. will pay for all utilities used by it on the premises. These utilities would include water and effluent water. Currently, Riley P. Dog Park, Inc. has an effluent water purchase agreement with the City. The purpose of the agreement is to provide Riley P. Dog Park, Inc. with effluent water to be used for watering the dog park grounds. However, there is currently a Tax Incentive Reinvestment Zone project with the purpose of upgrading the effluent pumps at the Whitecap Wastewater Treatment Plant. After the project is completed, effluent water will then be available for use by Riley P. Dog Park, Inc. Riley P. Dog Park, Inc. is aware of this project and understands that they will have access to effluent water once the upgrades are made. ALTERNATIVES: The alternative is not to approve the amendment to the lease agreement between the City and Riley P. Dog Park, Inc.; however, if this occurs, Riley P. Dog Park, Inc. would no longer be allowed to utilize the property. FISCAL IMPACT: Not applicable. Funding Detail: Not applicable. RECOMMENDATION: Staff recommends approval of Amendment No. 1 for the lease for the Riley P. Dog Park, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Lease Between City of Corpus Christi and Riley P. Dog Park, Inc. (2018) Amendment No. 1 to Lease Agreement - Riley P. Dog Park, Inc. Location map Ordinance authorizing an amendment to the five-year lease agreement with Riley P Dog Park, Inc., for the private dog park located adjacent to the Whitecap Wastewater Treatment Plant, which amends the term to renew the lease agreement for three year and provide the option to renew for an additional two one-year terms. BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute Amendment No. 1 to Lease Agreement with Riley P Dog Park, Inc., for the private dog park located adjacent to the Whitecap Wastewater Treatment Plant, which amends the term to add a three-year renewal and the option to renew for an additional two one-year terms. SECTION 2. The City Council recognizes that the parties have continued to act in accordance with the lease agreement since its expiration on December 12, 2023. Accordingly, the City Council specifically ratifies its approval of this amendment back to December 12, 2023. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary AMENDMENT NO.-1 TO LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND RILEY P. DOG PARK INC. This Amendment No. 1 amends the lease agreement between the City of Corpus Christi (the "City") and Riley P. Dog Park, Inc. ("Lessee"), regarding the privately- managed Riley P. Dog Park that is located near the Whitecap Wastewater Treatment Plant. WHEREAS, the City and the Lessee entered into a five-year lease agreement effective on December 12, 2018 (the "Agreement"), and wish to amend that Agreement to allow for the waiver of certain City utility fees and extend the term; .and WHEREAS, the Riley P. Dog Park is a privately-managed dog park that must be open to the public and has not been designated a City park and should not be considered a City park; NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1) Section 4, Term, of the Agreement is hereby replaced in its entirety as follows: "Section 4. Term. The City leases the Premises, AS IS, subject to all terms and conditions of this Lease,to the Lessee for a period of five (5)years. This Lease begins on the first day after final Council approval and the original term expires on December 12, 2023. Through the first amendment, the Parties agree that the Lease is renewed for an additional three-year term and the Lease may be renewed for up to two additional one-year terms upon written agreement of the Parties and approved by the City's Chief Operations Officer over Corpus Christi Water. However, the City reserves the right to cancel this Lease at any time on 90 days'advance written notice in the event that the City Manager determines that such cancellation is necessary for the operation of the adjacent wastewater treatment plant operations. Lessee may terminate this Lease at any time upon providing, in advance, at least 30 days written notice to the City." 2) Section 7, Lease Consideration; Maintenance, of the Agreement is hereby replaced in its entirety as follows: "Section 7. Lease Consideration; Maintenance. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must operate the dog park at the Premises at no cost to the public, and Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director, including but not limited to the following: EXECUTED this day of , 2Q_, by the authorized representative of the parties. Riley P. Dog Park, Inc. K� }' Ou'- K Nick Collosi President Date: City of Corpus Christi Peter Zanoni City Manager Date: Approved as to Legal f=orm on of , 20 Aimee Alcorn-Reed Assistant City Attorney Page 1 of 15 LEASE BETWEEN THE CITY OF CORPUS CHRISTI AND RILEY P. DOG PARK, INC. This lease ("Lease") is entered into by and between the City of Corpus Christi ("City"), a Texas home rule municipal corporation, acting through its duly authorized City Manager, or the City Manager's designee, and Riley P. Dog Park, Inc. ("Lessee"), a Texas nonprofit corporation, Corpus Christi, Texas, acting through its duly authorized President. Section 1. Definitions. For the purposes of this Lease: Improvements means buildings and other structures located on the Premises constructed or installed by or for Lessee. Premises or Leased Premises means approximately 2.5 acre tract or parcel of land as shown on the attached drawing, Exhibit "A", together with all Improvements. Section 2. Purpose. The purpose of this Lease is to lease the Premises to Lessee for Lessee's operations of a dog park at no charge to the public. Lessee may not operate the Leased Premises for any other purpose without the prior written approval of the Executive Director of Water Utilities and Director of Parks and Recreation ("Directors"). Section 3. Leased Premises. The Leased Premises are designated on the drawing attached as Exhibit"A", together with all Improvements. The City will obtain a final metes and bounds survey exhibit to identify the entire Leased Premises, to be attached as new Exhibit A. The Lessee shall reimburse the City for the cost of the survey, within 30 days of invoice from the City. Section 4. Term. The City leases the Premises, AS IS, subject to all terms and conditions of this Lease, to the Lessee for a period of five (5) years. This Lease begins on the first day after final Council approval. However, the City reserves the right to cancel this Lease at any time on ninety(90) days' advance written notice in the event that the City Manager determines that such cancellation is necessary for the operation of the adjacent wastewater treatment plant operations. Lessee may terminate this Lease at any time upon providing advance at least 30 days written notice to the City. Section 5. Acceptance of Premises Disclaimer: A. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS AS MAY EXIST IN, ON, OR UNDER THE PREMISES,AND THAT NEITHER CITY, NOR ANY EMPLOYEE OR AGENT OF CITY, HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES OR AS TO THEIR SUITABILITY FOR PARTICULAR PURPOSE. B. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO C2018-709 12/11/18 Ord. 031633 Riley P. Dog Park Inc. SCANNED Page 2 of 15 WHICH LESSEE INTENDS TO USE THE PREMISES, AND IS RELYING ON ITS OWN INSPECTION. Section 6. Surrender. Lessee shall surrender the Premises, upon the expiration, termination, or cancellation of this Lease, in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction where Lessee is without fault, excepted. Lessee shall remove all improvements and property from the Premises within 30 days of termination of the Lease or reimburse City's costs of such removal. Section 7. Lease Consideration; Maintenance. For and in consideration of the rights and privileges granted in this lease, and in lieu of lease payments to the City, Lessee must operate the dog park at the Premises at no cost to the public, and Lessee must maintain the Premises by mowing, collecting litter, etc. as directed in writing by the Director, including but not limited to the following: (A) Lessee shall pick up and properly dispose of litter including animal waste on a daily basis whenever the Premises are being used. (B) Lessee shall keep fully operational and in good repair the Premises and any Improvements. The City has no responsibility for maintenance or repair of the Premises and Improvements. (C) Lessee shall immediately report any vandalism to the Director, or designee, and the Corpus Christi Police Department; however, the City has no responsibility to repair or replace any damages to the Premises and Improvements caused by vandalism or caused by any other reason. (D) All motor vehicles must be restricted to the designated parking lot area to be constructed by Lessee on the Leased Premises. (E) Lessee shall provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the grass at height not to exceed six inches. (F) Lessee is responsible for proper installation, use and repair of all equipment and Improvements at the Premises. Section 8. Terms of Operation. Attached as Exhibit C is a copy of Lessee's schedule of operations. Lessee may not make any change to this Exhibit without prior written consent of the Directors. Section 9. Construction at the Premises. Prior to operation or use of the Premises, Lessee must consult with Development Services department for Lessee's planned improvements to the Premise, including but not limited to parking, access, fencing, and waterline. Page 3 of 15 Prior to making any alterations, additions, or improvements to, in, on, or about the Premises, Lessee must submit the plans and specifications for the alterations, additions, or improvements to the Directors for review and written consent. The Lessee, at its sole cost, shall obtain all required permits for the construction; and the construction is subject to inspection by the Executive Director of Water Utilities, City's Building Official, and their designated representatives. In addition, the Lessee shall consult with the City's Risk Manager to obtain the required insurance prior to any construction at the Premises. Lessee has been advised that there is no water service to or at the Leased Premises. Lessee acknowledges that Lessee is solely responsible for costs to install water taps and install water service to the Leased Premises. Section 10. Taxes, Assessments, Licenses, and Fees. Lessee must pay, in full prior to each respective due date, all taxes, assessments, licenses, and fees required by the Lessee's use of the Premises. Section 11. No Debts. Lessee may not incur any debts or obligations on the credit of the City during the term of this Lease. Section 12. No Liens Lessee agrees not to permit any mechanic's lien, materialman's lien, tax lien, or any other lien to become attached to the Premises, or any part or parcel of the Premises, or the Improvements on the Premises, because of any work or labor performed by any mechanic, materials furnished by any materialman, or any other reason. Section 13. Assignment and Subleasing. Lessee may not assign, sublease, or encumber this lease, without the prior written consent of the City Manager. Any assignment or sublease must be approved in advance in writing signed by the City Manager. Section 14. Signs; Contact information. Lessee must post and maintain signage at the Premises with signage to indicate name and contact number for the Lessee regarding operations. Lessee has been advised that rattlesnakes and coyotes have been observed at or very near the Premises. Lessee agrees to post and maintain signage at the Premises to notify all visitors to the Premises of rattlesnakes and coyotes observed at or near the Premises. Lessee may not exhibit, inscribe, paint, erect, or affix any sign at, on, or about the Premises, or any part of this Lease, without the prior written approval of the Directors. Page 4 of 15 Section 15. Laws Affecting Operation of Premises and Performance. Lessee shall comply with all Federal, State, and local laws, ordinances, rules, and regulations applicable to Lessee's construction, operation of the Premises and Lessee's performance under this Lease, including but not limited to compliance with applicable ADA regulations and parking regulations. This Lease is also subject to applicable provisions of the City Charter. Section 16. Nondiscrimination. Lessee covenants and agrees that Lessee will not discriminate nor permit discrimination against any person or group of persons, with regard to use of the Premises, 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. Section 17. Maintenance. Lessee shall maintain the Premises and all Improvements in good and safe condition during the Lease term. City has no obligation nor responsibility for any maintenance or repair at the Premises or to the Improvements. Section 18. Utilities. Lessee must pay for all utilities used by it on the Premises or used by any other activities sponsored by the Lessee on the Premises, including but not limited to solid waste removal, water, wastewater, and electricity. Section 19. City's Right of inspection. Any officer or authorized employee of the City may enter upon the Premises, at all reasonable times and without notice, to determine whether Lessee is operating and providing maintenance in accordance with this Lease Section 20. Directors' Right to Access Premises in Emergency. Lessee shall provide Executive Director of Water Utilities and Director of Parks and Recreation with keys to the Premises, and a current list of names and phone numbers, for use by each Director, in the event of an emergency. Each Director has the right to enter the Premises during the regular hours of operation or at anytime in an emergency. Section 21. City Use and Access to the Premises. A. The City retains the right to use or cross the Premises with utility lines and easements. City may exercise these rights without compensation to Lessee for damages to the Premises from installing, maintaining, repairing, or removing the utility lines and easements. City must use reasonable judgment in locating the utility lines and easements to minimize damage to the Premises. B. The City retains the right to enter upon and access the Premises when deemed necessary for City utility or other official City purposes. C. The City retains the right to enter upon and close the Premises to the public on a temporary basis when deemed necessary by the City Manager or designee for protection of public health and safety. Page 5 of 15 D. In addition, the City retains the right to close access to the Premises in order to permit fireworks event to be launched from or near the Premises for 4th of July festivities via third-party City permittee. Lessee agrees to cooperate with City's permittee regarding use of the Premises for such purposes. Section 22. Indemnity. In consideration of allowing Lessee to use the Premises, Lessee ("Indemnitor"") covenants to fully indemnify, save and hold harmless the City, its officers, agents, representatives, and employees (collectively, "Indemnitees') from and against any and all liability, loss, damages, claims, demands, suits, and causes of action of any nature whatsoever asserted against or recovered from City on account of injury or damage to person Including, without limitation on the foregoing, premises defects, workers ' compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part. (1) Lessee's performance under this Lease; (2) Lessees use or Lessee's invitees use of the Premises and any and all activities associated with the Lessee's use of the Premises under this Lease;(3) the violation by Lessee, its officers, employees, invitees, agents, or representatives or by indemnitees, or any of them, of any law, rule, regulation, ordinance, or government order of any kind pertaining, directly or indirectly, to this Lease; (4) the exercise of rights under this Lease; or(5) an act or omission on the part of Lessee, its officers, employees, invitees, agents, or representatives or of indemnitees, or any of them, pertaining to this Lease, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys' fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Lessee covenants and agrees that, if City Is made a party to any litigation against Lessee or In any litigation commenced by any party, other than Lessee, relating to this Lease, Lessee shall, upon receipt of reasonable notice regarding commencement of litigation, at its own expense, investigate all claims and demands, attend to their settlement or other disposition, defend City in all actions relating to this Lease with legal counsel satisfactory to the City Attorney, and pay all charges of attorneys and all other costs and expenses of any kind whatsoever arising from the liability, injury, damage, loss, demand, claim, or action. Section 23. Insurance. Lessee shall secure and maintain at Lessee's expense, during the term of this Lease, insurance of the type and with the amount of coverage shown on the attached Exhibit B, which is incorporated in this Lease by reference. Lessee shall, prior to any addition or Page 6 of 15 alteration to, in, on, or about the Premises, obtain prior clearance, in writing, from the Risk Manager that the proposed addition or alteration will not necessitate a change or modification in the existing insurance coverage maintained by Lessee. Section 24. Default The following events constitute an event of default under this Lease: Failure to pay utilities before the due date; failure to perform scheduled maintenance; failure to maintain any Insurance coverages required in this lease; failure to post and maintain required signage; and failure to keep, perform, and observe any other promises, covenants and conditions contained in this Lease. Section 25. City's Remedies on Lessee's Default. Upon the occurrence of any event of default, the City may, at its option, in addition to any other remedy or right given under this Lease or by law: Give notice to Lessee of the default and provide Lessee opportunity to cure. If default continues beyond thirty(30)days after provision of notice of default,then City may provide written notice of termination of the Lease. Immediately or at any time after termination of the Lease, the City may enter into and upon the Premises and retake possession of the Premises. Section 26. Enforcement Costs. If the. City files any legal action or proceeding to repossess the Premises, collect any payments due under this Lease, collect for any damages to the Premises, or to enforce in any other way the provisions of this Lease, Lessee agrees to pay all court costs and expenses and the sum that a court of competent Jurisdiction adjudges as reasonable attorneys' fees in the action or proceeding, or in an appeal, if a judgment is rendered in favor of the City. Section 27. Modifications. No provision of this Lease may be changed, modified, or waived, unless the change, modification, or waiver is made in writing and signed by persons authorized to sign agreements on behalf of each party. Section 28. Contact Person/Lease Administrator. For this Lease, the City's contact person and lease administrator is the City Director of Parks and Recreation. Section 29. Notice. All notices, demands, requests, or replies provided for or permitted under this Lease by either party must be in writing and must be delivered by one of the following methods: (i) by personal delivery; (ii) by deposit with the United States Postal Service as certified or registered mail, return receipt requested, postage prepaid; (iii) by prepaid telegram; (iv) by deposit with an overnight express delivery service, for which service has been prepaid; or (v) by fax transmission. Notice deposited with the United States Postal Service in the manner described above Page 7 of 15 will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier, Notice by fax transmission will be deemed effective upon transmission with proof of delivery. All the communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Riley P. Dog Park, Inc. Attn: Director of Parks and Recreation Attn: Executive Director P. O. Box 9277 13817 Gunwale Drive Corpus Christi, TX 78469-9277 Corpus Christi, Texas 78418 Either party may change the address to which notice is sent by using a method set out in subsection a of this section. Lessee shall notify the City of an address change within ten (10) days after the address is changed. Section 30. Force Majeure. No party to this Lease shall be liable for delays or failures in performance due to any cause beyond the party's control including, without limitation, any delays or failures in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The delays or failures to perform extend the period of performance until these exigencies have been removed. The Lessee shall inform the City in writing of proof of the force majeure within three (3) business days or otherwise waive this right as a defense. Section 31. Relationship of Parties. This Lease establishes a landlord/lessee relationship, and no other relationship. This Lease must be construed conclusively in favor of that relationship. In performing this Lease, the City and Lessee will each 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. Section 32. Publication Costs. Lessee shall pay for the cost of publishing the Lease description and related ordinance, if required by the City's Charter, in the legal section of the local newspaper. Section 33. Interpretation. This Lease shall be interpreted according to the Texas laws which govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Lease was entered into and will be performed. Section 34. Survival of Terms. Termination or expiration of this Lease for any reason does not release either party from any liabilities or obligations under this Lease that (a) the parties have expressly agreed survive any the termination or expiration; (b) remain to Page 8 of 15 be performed; or (c) by their nature would be intended to be applicable following the termination or expiration of this Lease. Section 35. Limitation of Leasehold. City does not warrant its title to the Leased Premises. This Lease and the rights and privileges granted Lessee in and to the Leased Premises are subject to all covenants, conditions, restrictions, and exceptions of record or apparent. Nothing contained in this Lease may be construed to imply the conveyance to Lessee of rights in the Leased Premises that exceed those owned by City. Section 36. Captions. The captions utilized in this Lease are for convenience only and do not in any way limit or amplify the terms or provisions of this Lease. Section 37. Severability. It is the definite intent of the parties to this Lease that every section, paragraph, subdivision, clause, provision, phrase, or word of this Lease be given full force and effect for its purpose. Therefore, if, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease or the application of this Lease to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the application of 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. Section 38. Disclosure of Interests. Lessee agrees to comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of Interests form as part of this contract. Lessee agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this contract. For more information, please review the information on the Texas Ethics Commission website at https://www.ethics.state.tx.us. Lessee agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index. Section 40. Entirety Clause. This Lease and the attachments and exhibits incorporated into this Lease constitute the entire agreement between the City and Lessee for the purpose granted. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter of this Lease, unless contained ill this Lease are expressly revoked, as the parties intend to provide for a complete understanding within the provisions of this Lease and its exhibits of the terms, conditions, promises, and covenants relating to Lessee's operations and the Premises to be used in the operations. Page 9 of 15 EXECUTED IN DUPLICATE, each of which shall be considered an original, on the <S day Of ' ,2018. LESSE By. u�,�'`- 1 � JJ a e Date the Page 10 of 15 ATTEST CITY OF CORPUS HRISTI: 14, 0-4 ,.e - Rebecca Huerta amuel Keith Selman City Secretary Interim City Manager Approved as to form: Lisa Aguilar,Asiskant City Attorney I ;;?1) / S' Date cc i„n►`�► .i...a..:................ !Y LUNCIL sEcKTaaY�-� Page 11 of 15 Exhibit A- Leased Premises ® City of Corpus Christi Utilities .. s >. Dog Park Sketch h n .... �4 b al 12 ACP M ell np Metes � +w� 7 I�I eyarants ¢, Neter Va.- 10 arves U z a m k aaste'«arer Manhdes o m �— CATAMARAN, � Q Smrm Mannose Mn-lnl- Approx T © Ahat oerA8t—m 4.95Acres �1 .„ —Neter Pipes e. N§4eraRr Pipes 6brm Pipes a U 7ACP 1 inch=320 feet y sFart aar ca 1 esdQNES ,U rl .. ;XPi ser ornmun � Page 12 of 15 EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property Damage cancellation, non-renewal, material change Per occurrence- aggregate or termination required on all certificates and policies. COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence including: $1,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 13 of 15 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 statutory amounts according to the Texas Department of Insurance,Division of Workers' Compensation. An All States Endorsement shall be required if Contractor 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 renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: 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, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation,non-renewal,material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (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 Page 14 of 15 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 stop work hereunder, and/or withhold any payment(s) 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 contract. 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 contract. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2018 Insurance Requirements Legal Dept. Dog Park Lease Agreement—Whitecap 10/23/2018 sw Risk Management Page 15 of 15 Exhibit C Riley P. Dog Park Operations The following are the operational plans for Riley P. Dog Park to be located on 2.6 acres of land owned by the City of Corpus Christi on land adjacent to the Whitecap Wastewater Treatment Plan on Padre Island. • The park will be built and maintained by member of a 501 (C) (3) currently in place with a board of directors. • Its initial construction will be financed by$26,000 already raised and additional funds which have been committed but not collected pending the final approval of the park. • The park will be open only during daylight hours. The gate will be locked at sundown. • Dogs will be required to have all applicable vaccinations and licenses, enforced by the volunteer operators of the park. • The park will consist of two separate fenced areas for small dogs and large dogs • It will include water and shade structures • It will be open to the public • The maintenance of the park ie: grass and garbage disposal will be the responsibility of Riley P Dog Park volunteers • No fees will be charged for entry or use 14 URBAN ENGINEERING Job No. 43201.B9.00 February 28,2019 Exhibit A 2.54 Acre Lease Tract STATE OF TEXAS COUNTY OF NUECES Fieldnotes, for a 2.54 Acre, Lease Tract, being over and across a portion of Whitecap Boulevard, a public roadway, as shown on Padre Island - Corpus Christi Point Tesoro Unit 5, a map of which is recorded in Volume 38, Pages 32-33, Map Records of Nueces County, Texas, and portions of Lot 1 and Lot 2, Block 2, said Padre Island - Corpus Christi Point Tesoro Unit 5; said 2.54 Acre Lease Tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, on the Southeast boundary line of Lot 2, of the said Block 2 and a 9.676 Acre Tract described in a Deed from Padre Island Investment Corporation to The City of Corpus Christi, as recorded in Document Number 937470, Deed Records of Nueces County, Texas, being a West corner of the said Whitecap Boulevard, for the North corner of the said Lot 1; Thence, North 27°17'54" East, with the common boundary line of the said Southeast boundary line and a Northwest Right-of-Way line of the said Whitecap Boulevard, 40.00 Feet, to the North corner of this Tract; Thence, South 62°42'06" East, over and across a portion of the said Whitecap Boulevard, 100.00 Feet, to the East corner of this Tract; Thence, South 27°17'54" West, over and across the said Whitecap Boulevard, 40.00 Feet, to the common boundary line of the said Lot 1 and the said Whitecap Boulevard, for the North corner of a 1.805 Acre Lease Tract,as recorded in Ordinance No. 029170, dated August 23, 2011; Thence,North 62°42106" West,with the said common boundary line, 50.00 Feet; Thence, South 27°17'54" West, over and across a portion of the said Lot 1, at 90.00 Feet pass a 5/8 Inch Iron Rod Found, in all 409.35 Feet; Thence, over and across portions of the said Lot 1 and Lot 2 as follows: • North 63°37'16" West, 106.73 Feet; • South 27°17'54" West, 419.20 Feet, to the South boundary line of the said Lot 1; Thence,North 74°42106" West, with the said South boundary line of the said Lot 1, 175.01 Feet; S-.\Surveying\43201\B900\OFFICE\METES AND BOUNDS\FN_2.54Ac_20190214_SRP.Doc Pagel of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. •CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbancn .cum TRPF.Firm # 145 •TRPI S Firm 9 1001?401) Thence North 27°17'54" East, over and across portions of the said Lot 1 and Lot 2, 503.73 Feet, to the South boundary line of the said 9.676 Acre Tract; Thence South 63°26'22" East, with the said South boundary line of the said 9.676 Acre Tract, 227.92 Feet; Thence, North 27°17'54" East, with the common boundary line of the said 9.676 Acre Tract, the said Lot 1 and said Lot 2, at 210.07 Feet, pass a 5/8 Inch Iron Rod Found, at 270.13 Feet, pass a 5/8 Inch Iron Rod Found, in all 399.99 Feet, to the Point of Beginning, containing 2.54 Acres (110,642 Square Feet)of Land, more or less. Grid Bearings and Distances shown hereon are referenced to the Texas Coordinate System of 1983, Texas South Zone 4205, and are based on the North American Datum of 1983(2011) Epoch 2010.00. Unless this fieldnotes description, including preamble, seal and signature, appears in its entirety, in its original form, surveyor assumes no responsibility for its accuracy. Also reference accompanying sketch of tract described herein. C�D�PQiOTEd$ URBAN ENGINEERING JAMES.DAIIID CAR.. ,. IrIJI L � '• 6458 ..A9 Q� James D.Carr,R.P.L.S. License No. 6458 S:\Surveying\43201\B900\OFFICE\Iv1ETES AND BOUNDS\FN 2.54Ac 20190214 SRP.Doc Page 2 of 2 OFFICE: (361)854-3101 2725 SWANTNER DR. • CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbai i .aom 1 ....-- TBPE.Firm# 145 •TRPI N Firm 4 1001?400 ., N Whitecap Boulevard o SITE ��:: 0 Y O a COUNTY OF NUECES CITY OF CORPUS CHRISTI LOCATION MAP N.T.S. got o0 Ch o� 9.676 Acres out of Lot 2 fie/ Owner: City of Corpus Christi Doc. No. 937470 D.R.N.C.T 2 CFC o� Beg g� Whitecap Boulevard = Lot 2, Block 2 /41 �h Pa Island — Corpus Christi Poi Tesoro Unit —5 Vol. 38, Pgs. —33, M.R.N.C.T. 1b .\ f 1�y Lease Tract �s tV o 2.54 Acres ? ^ y o 0 (110,642 Sq. Ft.) A, �° w Q f 4}oD�Oh Q� 2 �. CCTV oc Padre tot 3 P°/slond), Bloc 2 pe O dol. 38 p tesor C°Pus C ^� Z 9s. 32, nit hristi ^ tiro b 3, M.11_N.C,T ry oyo Exhibit B Novigat,on Sketch to Accompany ChOn�el Fieldnotes, for a 2.54 Acre, Lease Tract, being over and across a portion of Whitecap Boulevard, a public roadway, as shown on Padre Island — Corpus Christi Point Tesoro Unit 5, Legend: a map of which is recorded in Volume 38, Pages 32-33, • 5/8 Inch Iron Rod Found Map Records of Nueces County, Texas, and portions of Lot 1 and Lot 2, Block 2, said Padre Island — Corpus Christi Point LINE BEARING DISTANCE Tesoro Unit 5. DATE: FEB. 28, 2019 L1 S 62'42'06" E 100.00' SCALE: 1"=200' L2 S 27'17'54" W 40.00' URN JOB NO.: 43201.B9.00 L3 N 62'42'06" W 50.00' ENGINEER NG SHEET: 1 of 1 L4 N 63'37'16" W 106.73' DRAWN BY: C.SRP M-E FM N0.K%1BP18 n-Na 10=4W L5 N 74`42'06" W 175.01 ' °; ,*M.TX784 urbansurveyl®urboneng.com L6 S 63'26'22" E 227.92' 02019 by Urban Engineering Legend I, Property Lines Riley P. Dog Park Whitecap WWTP WHITECAPWASTEWATER TREATMENT PLANT DOG PARK Corpus Christi ;+"^" ._-z-, Naval Air --- -- �` Station 361 LOUR-BLU x P22 ;y a PROJECT 0 �. * , .c LOCATION w s Corpus RILEY R DOG PARK, INC. �+ LEASE AMENDMENT CCM/ Serving the Coastal Bend so �o o� A H AGENDA MEMORANDUM µoRPORPg4 First Reading Ordinance for the City Council Meeting of January 09, 2024 1852 Second Reading Ordinance for the City Council Meeting of January 23, 2024 DATE: January 09, 2024 TO: Peter Zanoni, City Manager FROM: Jeff Edmonds, P.E., Director of Engineering Services JeffreyE(a)-cctexas.com (361)826-3851 David Lehfeldt, Director of Solid Waste david l3(a)-cctexas.com (361) 826-1966 Granting Pipeline Easement to Houston Pipe Line Company, LP CAPTION: Ordinance authorizing a 30-foot-wide revocable pipeline easement to Houston Pipe Line Company, LP, to install a natural gas pipeline through the Cefe Valenzuela landfill in support of Solid Waste Department's new renewable energy program, located outside City limits. SUMMARY: On January 23, 2023, City of Corpus Christi authorized a ground lease and partnered with Corpus Christi Renewables (CCR) to process landfill gas from the Cefe Valenzuela landfill and sell the Renewable Natural Gas (RNG)through the natural gas markets. A pipeline is required to transport the RNG from the processing facility to the natural gas distribution system. The proposed revocable easement will allow Houston Pipe Line Company, LP to install and operate a pipeline to transport RNG to the natural gas markets. BACKGROUND AND FINDINGS: On January 23, 2023, City of Corpus Christi authorized a ground lease partnered with Corpus Christi Renewables (CCR) to process landfill gas from the Cefe Valenzuela landfill and sell the Renewable Natural Gas (RNG)through the natural gas markets. A pipeline is required to transport the RNG from the processing facility to the natural gas distribution system. The proposed revocable easement will allow a pipeline to be installed by Houston Pipe Line Company, LP in the 500-foot buffer on the east side of the Cefe Valenzuela landfill to allow CCR to transport the treated RNG from the processing plant to the northern boundary of the landfill, and then to the national natural gas distribution system. The 500-foot buffer is currently used for agricultural or pipeline purposes as the landfill permit does not allow any landfill disposal activities. The terms and condition of the easement is granted coterminous with the ground lease granted to CCR by Ordinance 032964 on January 24,2023. ALTERNATIVES: The alternative is not to grant the Revocable Easement. However, the renewable natural landfill gas will not be marketable without this easement. FISCAL IMPACT: There is no cost to the City for construction or maintenance of the pipeline to be installed in this easement. This easement will allow the treated RNG to be marketed, which will result in a new revenue stream for the City. In addition, marketing this RNG will enable the City to reduce the construction and maintenance costs of flaring and destroying the landfill gas currently budgeted in the Solid Waste Services budget. FUNDING DETAIL: Not applicable. RECOMMENDATION: Staff recommends granting the Revocable Easement as presented. LIST OF SUPPORTING DOCUMENTS: Revocable Easement with attached Exhibits A & B Ordinance authorizing a Revocable Easement on City-owned property operated by the Solid Waste Department, to allow construction, operation, maintenance and repair of one pipeline with Houston Pipe Line Company, LP, to allow for the transport of renewable natural landfill gas WHEREAS, on January 23, 2023, the City of Corpus Christi entered into lease with Corpus Christi Renewables to process landfill gas at the Cefe Valenzuela Landfill, and a pipeline is needed to transport gas from the processing facility to the natural gas distribution system. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1: That a 30-foot wide Revocable Easement be granted to Houston Pipe Line Company, LP, for the purpose of constructing, operating, maintaining, repairing and removing one 3-inch pipeline across City owned property operated by the Solid Waste Department for transportation of renewable natural landfill gas. SECTION 2: That the City Manager or designee is authorized to execute the Revocable Easement and other related documents. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 2000' ,00a' a ,a1 2a1 SKETCH 1" = 2000' NUECES COUNTY, TEXAS LEGEND INGRESS-EGRESS SKETCH _ ROAD —// EXISTING PIPEL NE X— FENCE _Ie' 0HU OVERHEAD UTILITY LINE — — ROAD WAY Qp �'' THOMAS LEON .285 41E EHNER — SURVEY LINE ` J CALLED:176.285 tQ e DOCUMENT NO.2017051416 SUBJECT TRACT ^� ��" O P R N C. —UcE— UNDERGROUND ELECTRIC e �o w WATER LNE s �w�c q. INTERSECTION OF 0 POVVER MONUMENT .� a FM 244-4&COUNTY ±3,136' 6 ROAD20 20 COUNTY ROAD 20 2017 212 ' 22 3 LAURELES FARM TR VOLUME 3,PAGE 15 M.R N.C.T. I fl 1 LAURELES FARM TRACT FM HIGHWAY 2444 VOLUME 3,PAGE 15 KK�/I,4 M R.N.C.T. 1 Z II co o RAMON DE YNOJOSA "�PIPOLINEED E��'-- 0 SURVEY � A-411 __ ,_� 22 23 21 42 �1 �0� — 41 40 -- 42 ` � LAURELES FARM TRACT fj VOLUME 3,PAGE 15 tn❑ �� M.RN.C.T. O 00 0 1 I� z ❑ _ �I O W v may^ � Z J � � CITY OF CORPUS CHRISTI, A TEXAS OU ` MUNICIPAL CORPORATION 0 11 / CALLED:2,293 25 ACRES DOCUMENT NO.2000038832 �°' — 42 41 O.P.R.N.C.T. 41 40 _ z 42 — — 43 44 — — — 44 45 _ U 43 - — - 1! LAURELES FARM TRACT 4 VOLUME 3,PAGE 15 MR N.C.T. .I PIPELINE, STATION, OR ACCOUNT NUMBER SCALE C h5-. YR. sm s sxR�E� pwPa 777�7ppgs J E::T Iv... CEFE VALENZUELA PIPELINE 1" EXHIBIT "A" RAMON QE YNOJCSA SURVEY, A-411 LAURELES FARM TRACT NUECES COUNTY, TEXAS LOCATION MAP TOTAL LENGTH:14,357.44 FEET OR 870.15 RODS TOTAL EASEMENT-9.89 ACRES 7 TEMPORARY WORKSPACE:6-4d ACRES r SEC 2O 1SEC- 17 SEC.16 !LAUR6 FARM 1fRACT LAURELES FARM TRACT LAURELES FARM TRACT V01 ME 3,PAGE 15 VOLUME 3,PAGE 15 VOLUME 3,PAGE 15 M R N.G.T. M.R.N.C.T. M R N-C.T- rm a"� I SEC.22 LAURELES FARM TRACT VOLUME 3,PAGE 15 M-R.N-C.T. r SEC.21 _ LAURELES FARM TRACT � VOLUM 3,PAGE 15 T rd VOLUME 3,PAGE 15 3"PIPELINE M R N.0-T .., SEC. LAURELES FAf2M VOLUME 3,PAGE 1S M.R.N.C.T. e SEC-4!D SEC.41 LAURELES FARM TRACT LAURELES FARM TRACT 3AGE 15 .,P SURFACE SITE VOLUME 3,PAGE 15 M.VOLUME 3,PT. M.R.N-C.T.. ` EXISTING PAD TION, OR ACCCUh NL4-ER SCALE DNSI YR. R0,ECT IVO. 1' .. . >� 1effi�''rr.,a�'��' ,Teas6,�a �I...,.,.-:.r- - -II-•,�,�.�: -rrny4N -.�Tr Ran>s�„ s50.+10WEST.1100W.Tll7MM aR�5-4070-575 F[ELI]SERYlS,LLC. THPg$IY0.10194WpOFF1(,� }Bf�� -T''- - - r - -TI«N 9r :,ATF A,, . PREVIOUS DWG. NO. ..;,T- -.. 06-'9-23 4T TE _ 06 2 -23 HPL COMPANY L P aHT. OF IJ: TE RE ROJTL D6-299-23 7 DWG. NO. It le,, TE-EOL 07-'9-23 LOCA ITICN MA� rr R- Tr-EOL 0 :•1 23 6 UPDATE PROJECT M1A.ME 1--,-,07-27-23 `HT. I OF 4 6 1000' 500 500 1000' EXHIBIT "All -------------- ," _ 1400. NUECES COUNTY, TEXAS PIPELINE EASEMENT PLAT LEGEND TOTAL LENGTH: 14,357.44 FEET OR 870.15 RODS PK NAIL PIPELINE EASEMENT TEMPORARY WORKSPACE TOTAL EASEMENT:9.89 ACRES I FOUND ® ADDITIONAL TEMPORARY TEMPORARY WORKSPACE:6.40 ACRES I I WORKSPACE LINE .s.) LINE BEARING DISTANCE I 1/ EXIST NG PIPELINE I � I —X— FENCE 1 S 39°48'37"W 188.20' I 111 OHU OVERHEAD UTLITYLINEI PIPELINE I ROAD WAY 2 S 89"03'42"W 4924.66' I SURVEY LINE 3 S 00"47'58"E 7761.80' I SUBJECT TRACT I —UGE— UNDERGROUND ELECTRIC I W WATER LINE THOMAS LEON BUSENLEHNER I POWER POLE CALLED:176285ACRES L J MONUMENT FOUND DOCUMENT NO.2017051416 PROPERTY DETAIL N.T.S. O.P.R_N.C.T. PK NAILRAMON DE YNOJOSA 1 il 1171 FOUND x 17129404.64 SURVEY 290886.17 AA11 l N:17129327.58 5 89"10'SB'W E:1285764.34 5,122.36' -- 1 16 2'O 17 COUNTY ROAD 20 - --- - 1 21 22 _ •�• 22 23 r \ } � � 1 � � 1 4 I � 1 I PERMANENT EASEMENT 4t }} j PERMANENT EASEMENT I I �TEMPORARYr I� tom'011E �� I SEC 22 LAURELES FARM TRACT I VOLUME 3,PAGE 15 M.R.N.C.T. / d TYPICAL DETAIL `.rte SCALE: 1 =50' x x CITY OF CORPUS CHRISTA, A TEXAS MUNICIPAL x CORPORATION 1 CALLED:2,29325 ACRES x DOCUMENT NO.2000038832 O_P.R.N.C_T. x— FLOOD ZONE"X" MATCH LINE"A" PNL.NO_:48355CO5000 1, CERTIFICATION IS MADE ONLY TO THE LOCATION OF THIS EASEMENT ACCORDING TO EVIDENCE AND/OR LINES OF OF OF"' OCCUPATION OBSERVED UPON THE DATE OF THIS FIELD SURVEY.ONLY UTLITEWEASEMENTS THAT WERE VISIBLE AND �� kST APPARENT ON THE DATE OF THIS SURVEY, WITHIN ADJOINING THE DESCRIBED EASEMENT.HAVE BEEN LOCATED.SHOWN AND/OR DESCRIBED HEREON QF WHICH 1 HAVE KNOWLEDGE OF. THS CERTIFICATION 6 LIMITED TO THOS£.PERSONS OR ENTITIES SHOWN ON THE FACE OF THIS EXHIBIT,IS NOFYTRANSFERABLE AND MADE FOR THIS TRANSACTION ONLY, I 2. TITLE INFORMATION HAS BEEN PROVIDED BY THE CLIENT;AS SUCH,OPEN RANGE FIELD SERVICES DOES NOT WARRANT OR GUARANTEE.THAT ALL CONFLICTS.EASEMENTS OR ENCUMBRANCES ARE SHOWN,ADJOMER INFORMATION SHOWN OR yf DESCRIBED IS FOR INFORMATIONAL PURPOSE$ONLY. 7, ALL BEARINGS.DISTANCES AND COORDINATES CONTAIN CD HEREIN ARE GRID-BASED UPON THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH ZONE, OF THE NORTH AMERICAN DATUM 1983 INA083, REALIZATIONS 7011, EPOCH6480 2010.00001 .IN U,S,SURREY FEET. 4. THE OUTER LIMITS OF THE PIPELINE EASEMENT EXTENDS OR SHORTENS TO THE RESPECTIVE TRACT LINES.TEMPORARY �*�J `0 WORKSPACE LIES ADJACENT AND CONTINUOUS TO THE PIPELINE EASEMENT UNLESS NOTED OTHERWISE, 5. EASEMENT CENTERLINE IS NOT NECESSARILY THE SAME AS PIPELINE CENTERLDIE_THE INTENT IS FOR THE PIPELINE TO 6E CONSTRUCTED WITHN THE PIPELINE EASEMENT AS DESCRIBED HEREON, 7-27-2023 6. EASEMENT DESCRIPTION OF EVEN DATE ACCOMPANIES AND IS A PART OF THIS SURVEY E7(H%T. CODI LAMBERSON,R.P.LS. 6.480 SURVEYED ON THE GROUND:MAY 09,2423 PIPELINE, STATIDN, OR ACCOUNT NUMBER SCALE CONST. YR. �p�g µp q PROJECT NO. C EFE VALENZUELA PIPELINE 1" = 1004' 2023 lDelses TBPas..81mi pFF .9=770 3TM IH-1G WEST,BOERNE.TX 7TT ORFS-400-575 FlLENUMBER CARD FILENAME DRAWN DATE TBPELS Na.101400EDCFfIDE SX_816-55000 N/A I CVP-NU-TX-CCOC.DWG RR 05-17-23 REV. NO. - DESCRIPTION BY DATE APP. PREVIOUS DWG. NO, 1 UPDATE CLIENT LOGO KS 06-19-23 LOCATION MAP 3 UPDATE RE-ROUTE CL 06-29-23 HPL COMPANY, L P DWG. NO.OF 4 4 RE-ROUTE-EOL JW 07-19-23 EVP-NU-TX-EEOC 6 5 RE-ROUTE-EOL JW 07-24-23 6 UPDATE PROJECT NAME TCC] 07-27-23 SHT. 2 OF 4 1000' 500 500 1000' EXHIBIT ILII �-------------- ," = 1¢00. NUECES COUNTY, TEXAS LEGEND PIPELINE EASEMENT PLAT PIPELINE EASEMENT TOTAL LENGTH: 14,357.44 FEET OR 876.15 RODS I 112"IRON TEMPORARY WORKSPACE 10 TAL EASEMENT:9.89 ACRES I ROD WICAP ® ADDITIONAL TEMPORARY TEMPORARY WORKSPACE:6.40 ACRES FOUND WORKSPACE (A.T.W.S.) EXIST NG PIPELINE LINE BEARING DISTANCE I —X— FENCE I OHU OVERHEAD UT LITY LINE 3 S 00°47'58"E 7761-80' I ROAD WAY 4 S 50°28'04"W 717.98' I SURVEY LINEI PIPELINE SUBJECT TRACT 5 N 89°35'31"W 699.45' I — W UGE— UNDERGROUND ELECTRIC 6 S 00'24'23'"W 69.35' I WATER LINE I 0 POWER POLE I MONUMENTFOUND ---------------J PROPERTY DETAIL N.T.S. MATCH LINE"A" 2011 3p `•� SEC 22 LAURELES FARM TRACT LU w 1 VOLUME 3,PAGE 15 1 r W 12 M.R.N_C_T_ ULI alb 1 21 . 22 �a � 1 — ©\ LUW _ 42 41 d � WW _L-- ¢ RAMCN DE YNOJOSA TYPICAL DETAIL SURVEY SCALE.-1 =40' A-411 SEC 42 a LAURELES FARM TRACT L ' rSURFACE/ — VOLUME 3,PAGE 15 i M.R.N.C.T. LI DETAIL 117 IRON ROD 1 OHu SCALE: 1 =200' CITY OF CORPUS CHRISTI, A TEXAS 'VI WITH CAP MUNICIPAL.CORPORATION \ FOUND N:17121405.27 CALLED:2,793.25 ACRES E:1285870.10 DOCUMENT NO-2DO0038832 ` O.P.R.N_C.T. N 66'21'14"E \ CULVERT FLOOD ZONE"X" 1,277.02' �� x PNL.NO.:48355CO50OG P O_T_ — SEC 41 N:17120893.07 4, 5 5 LAURELES FARM TRACT E7284700.30 VOLUME 3,PAGE 15 _R_N_C_T. 1, CERTIFICATION IS MADE ONLY TO THE LOCATION OF THIS EASEMENT ACCORDING TO EVIDENCE AND/OR LINES OF OCCUPATION OBSERVED UPON THE DATE OF THIS FIELD SURVEY.ONLY UTLITEWEASEMENTS THAT WERE VISIBLE AND rrcw APPARENT ON THE DATE OF THIS SURVEY WITH►llADJOINIMG THE DESCRIBED EASEMENT.HAVE BEEN LOCATED.SHOWN AND/OR DESCRIBED HEREON OF WHICH I HAVE KNOWLEDGE OF. THS CERTIFICATION IS LIMITED TO THOSE.PERSONS OR AP_pi s ENTITIES SHOWN ON THE FACE OF THS EXHIBIT,IS HON-TRANSFERABLE AND MADE FOR THIS TRANSACTION ONLY, 2. TITLE INFORMATION HAS BEEN PROVIDED BY THE CLIENT;AS SUCH,OPEN RANGE FIELD SERVICES DOES NOT WARRANT OR GUARANTEE.THAT ALL CONFLICTS.EASEMENTS OR ENCUMBRANCES ARE SHOWN,ADJCRER NFOONATION SHOWN OR DESCRIBED IS FOR INFORMATIONAL PURPOSE$ONLY, 3, ALL BEARINGS.DISTANCES AND COORDINATES CONTAIN CD HEREIN ARE GRD-BASED UPON THE TEXAS STATE PLANE DI COORDWITE SYSTEM, SOUTH ZONE. OF THE NORTH AMERICAN DATUM 1983 INAD83. REALIZATIONS 7011, EPOCH 7a,0.OUT .LI U.S.SUP THEVEY FEET. 48 � 4. THE OUTER LIMITS OF TNN PIPELINE EASEMENT THE LI SHORTENS TO THE RESPECTIVE On-TRACT LINES.TEMPORARY WORKSPACE LIES ADJACENT AND CONTINUOUS TO THE PIPELINE EASEMENT UNLESS NOTED OTHERWISE, 5, EASEMENT CENTERLINE IS NOT NECESSARILY THE SAME AS PIPELINE CENTERLDIE_THE INTENT IS FOR THE PIPELINE TO BE CONSTRUCTED WITHN THE PIPELINE EASEMENT AS DESCRIBED HEREON, 7-27-2023 8. EASEMENT DESCRIPTION OF EVEN DATE ACCOMPANIES AND IS A PART OF THIS SURVEY EXHIBIT. CODI LAMBE P.L.S. 6480 SURVEYED ON THE GROUND:MAY 09,2023 PIPELINE, STATIDN, OR ACCOUNT NUMBER SCALE CONST. YR. PROJECT NO. CEFE VALENZUELA PIPELINE 1" = 1000' 2023 lDelaes TBPEL�.B a,�0F""F e°'Tean� avTa FlLENUMBER CARD FILENAME DRAWN DATE a.��r TBMG50 6+.10 WESOERTX 7e 000E8091dmw ORFS-400-575 N/A CVP—NU—TX—CCOC.DwG RR 05-17-23 � PELSNa10140 REV. NO. - DESCRIPTION BY DATE APP. PREVIOUS DWG. NO, I UPDATE CLIENT LOGO KS 06-19-23 CVP-NU-IX—GGQG 3 UPDATE RE—ROUTE C� 06-29-2 HPL COMPANY, L P DWG. NO.OF 4 4 RE—ROUTE—EOL JW 07-19-23 EVP-NU-TX-CGCG 6 5 RE—ROUTE—EOL JW 07-24-23 6 UPDATE PROJECT NAME TDD 07-27-23 SHT. 3 OF 4 REVOCABLE EASEMENT (Houston Pipe Line Company, LP—Cefe Valenzuela Landfill) THE STATE OF TEXAS § COUNTY OF NUECES § WHEREAS, in connection with the development of the Renewable Natural Landfill Gas Project (`Project"), an easement for a pipeline is a necessary infrastructure for operation of the Project, without which the Project could not operate. WHEREAS, this easement is granted coterminous with the ground lease granted to Corpus Christi Renewables, LLC, by Ordinance 032964 on January 24, 2023, for connection from the Project to the Sales Interconnection Point as defined in the lease as the point at which custody of High-BTU Gas produced from OCR's Facility is transferred to a transportation pipeline. Therefore, the CITY OF CORPUS CHRISTI, a Texas home-rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas, 78469-9277, ("Grantor") acting by its duly authorized City Manager, or designee, (`City Manager") in consideration of the development of the Project by HOUSTON PIPE LINE COMPANY, LP, whose address is 1300 Main Street, Houston, Texas 77002 ("Grantee"), hereby grants HOUSTON PIPE LINE COMPANY, LP a non-exclusive 30 foot wide revocable easement together with the right to install, operate, repair, replace, relocate and maintain one pipeline, not to exceed three (3) inches in nominal diameter, together with appurtenant facilities including, but not limited to, valves, meters, regulators, cathodic protection, pigging facilities, test leads, and aerial markers for the transportation of Renewable Natural Landfill Gas ("RNLG") (collectively, the "Improvements") upon the conditions hereinafter stated under the land owned by Grantor described and shown on the attached Exhibit A. 1. Term. Easement is granted to transport RNLG from Project facility located at Cefe Valenzuela Landfill and shall automatically terminate upon the occurrence of any one or more of the following: (i) Corpus Christi Renewables, LLC notifies Grantor that Grantee intends to permanently cease operations or development of the Project, (ii) Corpus Christi Renewables, LLC ceases operations or development of the Project, or (iii) High-BTU Gas ceases to be produced by the Project for transport. If Grantee is in violation of any laws, rules, regulations, City ordinances or this Easement, Grantee will be given written notice of the violation and 30 days from receipt of such notice to commence to cure the stated violations. If after the 30 day cure period has expired and Grantee has not cured the violations, this Revocable Easement may be revoked and Grantee may be required to remove the Improvements upon 30 days' notice in writing: provided however that if Grantee has commenced to cure the stated violation but has not completed. same with the 30 day cure period, Grantee may proceed to cure such violation and this Revocable Easement shall not be revoked. 2. Access. Grantee shall have the right of ingress and egress to the Easement area along the route depicted on Sketch (Exhibit B), or other route agreed to by the parties, over and across the tract of land out of which the hereinabove described tract or parcel of land is a part of, as necessary or convenient for the full enjoyment or use of the rights herein granted unto the said Grantee for the purpose of construction, maintaining, operating, removing, relocating, replacing, protecting and repairing pipelines, valves, and risers necessary to the regulation, control, measurement, and transportation of Renewable Natural Landfill Gas produced from the Cefe Valenzuela Landfill. 3. Limitations to Grantee's Use of the Easement. a) Use. Grantee hereby covenants and agrees that the Easement will be used for transporting RNLG. Grantee hereby covenants and agrees that it will repair all damage to any of the Grantor's Property caused by its activities on the Easement and comply with all laws, ordinances, statutes, by-laws, codes, restrictions, rules, regulations and orders of all applicable federal, State and local jurisdictions, including, without limitation, all applicable agencies of any Governmental Body. b) No Right to Connect. Grantee shall not be permitted to connect or make additions to the pipeline in the Easement. The Easement is granted for the use of one pipeline from the Project. c) No Right to Erect Improvements. Grantee shall not be permitted to erect any other permanent improvements, fences, gates or buildings on the Easement without Grantor's prior written consent. 4. Construction Standards. All work proposed by Grantee to install, repair, or replace the Improvements will equal or exceed Department of Transportation Pipeline Safety Standards as applicable (Title 49, Code of Federal Regulations, Part 192 - Transportation of Natural and other Gas by Pipeline, or Part 195 -Transportation of Liquids by Pipeline - latest revision) for the transportation of gas or liquids by the Improvements. 5. _Compliance with Laws. In installing, operating, maintaining, repairing, or replacing the Improvements, Grantee must comply with all applicable Federal, State, County, and City laws and ordinances, and all amendments thereto, and secure all necessary permits from the appropriate agencies, including but not limited to, City Code of Ordinances Chapter 35, Article VII, which provides for emergency response coordination for pipelines transporting hazardous substances, liquids, and gases, including information reporting requirements for existing and new pipelines. 6. Depth Limits and Water Transmission Pipeline Clearances. Grantee must install, replace, repair, and maintain the Improvements so that no portion of the pipeline will be any shallower than 36-inches from existing ground or roadway pavement. Grantee will also maintain a minimum of 12 feet clearance between Grantee's Pbelines and an existing City water transmission pipelines Grantee must notify the Texas One-Call for utility locations in the Revocable Easement Area at least 48 hours prior to the start of construction. 7. Crossing or Ditch Requirements. Prior to any repair or replacement of the pipeline, Grantee must provide protection at all road crossings or ditches, by either casing, extra pipe wall thickness, concrete jacketed pipe, or other means approved by the Railroad Commission or Federal D.O.T. as applicable, and Grantee must identify the method on the construction plans. Grantee will maintain a minimum clearance of 10 feet between Grantee's pipeline and any existing concrete lined drainage channels located on Grantor's property. 8. Operating Pressure. Grantee's maximum operating pressure for the Improvements must not exceed design limitations as set forth in the Railroad Commission or Federal D.O.T. regulations for the size and type of line to be installed and operated. 9. Improvements Markers. Grantee will place markers at the points where such Improvements enter or leave a public street or drainage right-of-way or other City property and at other locations required by applicable law or regulation. Such markers must be of permanent construction bearing Grantee's name and emergency telephone number and placed on the edge of the public right-of-way. 10. Assignability. This Revocable Easement, and all its terms and conditions, bind and inure to the benefit of Grantor and Grantee and their respective successors. Grantee may not assign this Revocable Easement to any person, firm, corporation, partnership, or other entity, without the prior written consent of Grantor. Any assignment must provide that the assignee unconditionally assumes all the duties and obligations of assignor upon the same terms and conditions as set out in this Revocable Easement, which assumption of duties and obligations is partial consideration for Grantor's consent to the assignment. Notwithstanding the foregoing, Grantee may assign its rights herein granted, in whole or in part, with prior notice to Grantor, to any: (i) entity that, directly or indirectly, owns or controls, is owned or controlled by, or is under common ownership or control of, Grantee, (ii) entity to whom Grantee has assigned all or substantially all of its assets, or (iii) bank, financing institution or other lender, or groups thereof, pursuant to the terms of any financing or security agreements or deeds of trust. Notice must be provided to: Land Acquisition Manager 1201 Leopard Street, V Floor Corpus Christi, TX 78401 11. Construction Drawings & As-Builts. Grantee must provide the Director of Solid Waste with a set of construction plans for all work proposed for the improvements located within the Revocable Easement Area for Director's review and approval, such approval not to be unreasonably withheld, conditioned or delayed. The Grantee must provide the Director with a set of as-built drawings of the improvements within 60 days after completion of construction-, failure to do so may result in Grantee's Revocable Easement being forfeited. 12. Insurance. Grantee must comply with insurance requirements shown in Exhibit C. 13. Indemnity. Grantee must fully indemnify the City of Corpus Christi, its officers, employees and agents ("Indemnitees") against any and all liability, damage, loss claims, demands, and actions of any nature whatsoever on account of personal injuries (including without limitation, workers compensation and death claims), or property loss or damage of any kind, or any other kind of damage which arise or are claimed to arise out of or in connection with the Grantee's or Grantee's officers', agents', and/or employees' ("Grantee's Agents") and/or Grantee's contractors' negligent acts or omissions or acts of intentional or willful misconduct in their respective installing or marking of the Improvements or other construction, operation, maintenance, repair, control, or use of the Improvements or the Revocable Easement Area, including but not limited to, those damages arising out of Indemnitees' intentional or negligent acts in cutting or causing to be cut the Improvements during installation, repair, replacement, maintenance, or operation of City utilities located in or adjacent to the Revocable Easement Area; and including but not limited to those damages arising out of the Grantee's or Grantee's Agents' intentional or negligent acts in cutting or causing to be cut City utility lines during Grantee's or Grantee's Agents' or Grantee's contractors' use of the Revocable Easement Area. This provision shall continue so long as Grantee's Improvements are located on City property. 14. Repairs to City's Improvements or Franchisees' Preexisting Improvements. Grantee will repair, or cause to be repaired, any damage its construction, operation, repair, relocation, replacement or maintenance of the Improvements causes to a City street, water, sanitary sewer, storm sewer, gas, drainage facility, or to a Franchisees' Preexisting Improvements if the City Improvements or Franchisees' Preexisting Improvements were in place prior to Grantee's initial installation of the Improvements. 15. Abandonment of pipeline Grantee may leave abandoned pipe in place unless the Director of Solid Waste requires the Grantee to remove the abandoned pipe to facilitate city operations or protect the public safety. Upon notice, Grantee shall promptly remove the specified abandoned Improvement. If Grantee abandons Improvements, the Grantee remains responsible for the safe condition of the Improvements after the pipe is abandoned. The City will not assume ownership or control over the abandoned Improvements, and the City assumes no responsibility for their maintenance and safety, unless the City in writing accepts a particular facility. Subsection 49-97(e) of the City Code of Ordinances continues to apply to any pipe, facilities and appurtenances not removed by Grantee after abandonment. If Grantee removes any pipe, facilities or appurtenances, the Grantee shall restore the City property, at the sole cost of the Grantee, under subsection 49-97(c) of the City Code of Ordinances. 16. General Conditions. a) Recordation. Grantee, at Grantee's expense, will record the Revocable Easement at the Office of the County Clerk, Nueces County Courthouse and Grantee will provide a recorded copy to Grantor. b) Notification and Verification. Contractor must verify depth and locations of City Utilities, and all Franchisees' Preexisting Improvements in or near the Revocable Easement Area 48 hours prior to commencing any routine construction or repair work, other than bona fide emergency repairs which must be reported to the appropriate Utilities Representative(s), the Street Superintendent, and the appropriate Franchisee's Representative(s) immediately upon Grantee's knowledge of the need for repairs. c) Contractor must not leave trenches or pits in the Revocable Easement Area open overnight unless Contractor provides adequate safety and security devices to prevent possible injuries or accidents. All trenches or pits must be backfilled as soon as possible, the backfill properly compacted, the surface restored, and the work all done in a neat and workmanlike manner. No bore pits may be left open longer than 14 calendar days regardless of location. Barrel type barricades will be placed adjacent to all pits. d) Uncovering City Utilities. A City Inspector has the authority to request Contractor to uncover a Utility Line in the Revocable Easement Area to verify its depth or location. If the proposed Improvements cross an existing transmission main (16" diameter and above), the Contractor will uncover the main at the point of intersection with the Improvements, with a Utilities (Water) Representative on-site during excavation. This excavation will occur 24 hours prior to start of construction of that portion of the Improvements that intersect the transmission main. If the proposed Improvements cross a City Utility, Grantee must maintain a 3-foot vertical separation; however, Grantee must maintain a 12 foot vertical and 5-foot horizontal separation around all existing water transmission mains. Grantee must properly compact backfill around all existing City Utilities in accordance with all City construction standards. Contractor must take every precaution to not disturb the soil surrounding the existing City Utilities, including any and all thrust blocks. If Contractor's work on the Improvements damages a Waterline, as determined by the Water Representative, a Water crew must be immediately allowed access to the Revocable Easement Area to make all repairs. All City's costs (labor and equipment) associated with the Waterline repairs will be paid by the Grantee within 30 days after City sends Grantee an invoice. The Water Representative will determine the extent of damage to the Waterline and the type of repair necessary. e) City Inspectors. While work is being done within the Revocable Easement Area, including without limitation work around any existing Water main, Contractor must pay for each City Inspector's time at the Revocable Easement Area at a daily rate of $301.31 for each day spent inspecting construction, maintenance, repair, replacement, or relocation of said Improvements. A half-day - 4 or more hours of work - constitutes a whole working day for purposes of calculation. Any time in excess of 8 hours a day, or on Saturday, Sunday, and Holidays, is calculated at a daily rate of $56.49 per hour. Grantee must pay these funds to the appropriate City Department within the City as allocated by the Director. The daily rate and overtime charges may be changed by the Director of Engineering Services each August 1 based upon the average wages of the City Inspectors. f) Drainage, grading, and erosion. Contractor must maintain proper drainage at all times, including without limitation at the end of each work day, in all drainage ditches impacted by the construction, maintenance, repair, replacement, or operation of the Improvements. After completion of, or in the event of repair or replacement of, the Improvements, Contractor must reshape and grade, and sod if applicable, drainage ditches to a correct and permanent condition as reasonably determined by the Director. If the drainage ditch is concrete there will be no grading, etc., but the ditch must be repaired to its previously existing condition as reasonably determined by the Director. g) Equipment and materials. Grantee may not store or leave overnight any equipment or material on City property. Grantee's equipment or stockpile of material on private property, or on City right-of-way during the day, must not obstruct the vision of vehicles or pedestrians for 500 feet in either direction from a street intersection or driveways onto a street. h) Guarantee. Grantee's workmanship and materials must comply with all applicable City Standards and all work must be guaranteed by the Grantee for a one-year period from the date Grantee provides the as-built drawing to the Director. i) Notification of Leaks. Grantee must notify Grantor of any spills and leaks within the Revocable Easement Area within two business days after Grantee is aware of the spill or leak. Grantee must pay for all remediation costs related to its Improvements spills or leaks within the Revocable Easement Area. Grantee must provide Grantor a remediation plan that complies with all applicable federal, state, and local rules and regulations at the time of discovery of the leak or spill. The City Manager or designee may investigate the condition and extent of the leaks and spills. 17. City use of Revocable Easement Area. All rights granted Grantee, are subordinate to all uses as the City may make of such Revocable Easement Area, and street rights-of-way for public purposes, and any drainage right-of-way for State, County, or City purposes It is mutually understood and agreed that this Agreement, as written, covers all covenants, agreements, and stipulations between the parties and that no representations or statements, written or oral, have been made modifying, adding to, or changing the terms hereof, and that any party securing this conveyance on behalf of Grantee is without authority to make representation, stipulation, covenant or agreement not herein expressed. Executed this the day of 2023 GRANTOR ATTEST: THE CITY OF CORPUS CHRISTI By: City Secretary Jeff H. Edmonds, P.E. Director of Engineering Services APPROVED AS TO LEGAL FORM: day of 2023 By: Assistant City Attorney City Legal Department THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me this day of 2023, by Jeff H. Edmonds, P.E., Director of Engineering Services of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. Notary Public, State of Texas GRANTEE The above and foregoing REVOCABLE EASEMENT is accepted this the 3=� day of Nove'..ber , 2023, by Kevin Taliaferro, in his capacity as Sr. Director of Land and Right of Way of HPL GP, LLC, general partner of Houston Pipe Line Company, LP, the Grantee herein, and Grantee agrees to keep and perform the conditions imposed by the Revocable Easement. Houston Pipe Line Company, LP By:HPL GP, LLC, its general partner By: Kevin Taliafe ro, Sr. Director of Land & Right of Way Revocable Easement Houston Pipe Line Company, LP—Cefe Valenzeula Landfill RNLG 8of14 THE STATE OF TEXAS § COUNTY OF DALLgs § This instrument was acknowledged before me this 34 day of 2023, by Kevin Taliaferro as Sr. Director of Land & Right of Way of HPL GP, LLC, general partner of Houston Pipe Line Company, LP who declared that they executed the same for the purposes therein stated and with proper authority to do so. 5£86b6Z£L Cll A1e30N gZOZ-Zo-£o sajidxEl•W W03 y sexal}oate1S'ollgndAaetoN---i- 4 jNtaoublric, State of Texas SwVrnlm VA01V I LA T OYA WILLIAMS c Notary public,State of Texas COMrn.Expires:9T'°°••'�.� P 03-02-2025 /,FOF�o rranna`` Notary ID 132949835 - ..A Revocable Easement Houston Pipe Line Company, LP—Cefe Valenzeula Landfill RNLG 9of14 aa' Baa' 0 ia�a' EXHIBIT "A" �� aaacRAMON DE YNOJOSA SURVEY, A-411 LAURELES FARM TRACT NUECES COUNTY, TEXAS LOCATION MAP TOTAL LENGTH:14„357.44 FEET OR 870.15 RODS TOTAL EASEMENT:9.89 ACRES TEMPORARY WORKSPACE:6.40 ACRES ;SLG 20 a e¢ I'R!—i r FARM 3t 1;.„. .r. SEC 122 a.,14 RK- t t .(# I i PS F+Irs i 'RA, 'M R N z a . w t , I LINE, ATEON, OR A WUP NUMULK! SCALE — CGNST, YR. PROJECT NO. CEFE ER CARD UELA PIPELINE l” — 20QC3` 2023 -- � w �a,a say r I � rn FILE vU?AQER CARL` FILENAME RRAWN GATE sOv S Tx C)E��S—�C)C7— N A CVP—NU—TX—CCOC.DWG RR 05-17-23 �c. TnrnSN�, ws cs€rea sln.emn 5 REV. NQ — DESCRIPTION BY DATE APP, PREVIOUS W. NO. Y UPDATE CLIENT LOGO KS 06-99-23 RE—ROUTE CL o&-26-23 (�j COMPANY, LP[} SHT OF 3 UPDATE RE—ROUTE GL as-29-23 HPL L(� DWG. NO. 4 RE—ROUT—EOL JW a7-19-23 5 RE—ROUTE—EOL J a7-24-23 LOCATION MAS' 6 UPDATE PROD T NAME a7— 7— SHT, 1 OF 4 1000' 500* 0 500' 1000' EXHIBIT "All 1" = 1000' NUECES COUNTY, TEXAS LEGEND PIPELINE EASEMENT PLAT TOTALLENGTH- t_,j 01,7 PIPELINE EASEMENT .44 FEET OR 870.15 15 RODS PK NAIL TEMPORARY WORKSPACE TOTAL i'.'ASEfs;IENT:9.89 ACRES FOUND ADDITIONAL TEMPORARY TEMPORARY WORKSPACE:6.40 ACRES WORKSPACE (kT.W.S.) EXIST NG PIPELINE LINE BEARING DISTANCE X— FENCE CHU— OVERHEAD LIT LITY LINE 1 S 39'48'37"W 20' PIPELINE 1 188 1 2 - ROAD WAY S 89-03'42f�j�4920_66! SURVEY LINE F S 00.47'58"E 7761.80' SUBJECT TRACT _UGE— UNDERGROUND ELECTRIC —W— WATER LINE THOMAS LEON BUSENLEFINER 0 POWER POLE CALLED:176 285 ACRES MONUMENT FOUND DOCUMENT N0.2017051415 PROPERTY DETAIL N.T.S. O-P.R.N.C.T. PK NAIL Xi P�0.13� FOUND RAMON DE YNOJOSA N:17129400.64 ZES M17051416 C T_ NA7129327,58 SURVEY s 89*10,58"w; IE-1290886-17 L E:1285764-34 0 A-411 5 122 36' 16 2 �COUN�TYROAD 20 21 22 L 22 23 PERMANENT EASEMENT PERMANENT EASEMENT SEC 22 LAURELES FARM TRACT VOLUME 3,PAGE 15 M.R-N,C,T. TYPICAL DETAIL SCALE:I=50' X_ x CITY OF CORPUS CHRISTI, A TEXAS MUNICIPAL CORPORATION CALLED:2,293.25 ACRES x DOCUMENT NO.2000038832 O.P-R.N.C.T. MATCH LINE'A'. Lx_ FLOOD ZONE")C' PNL.NO.:48355C05OOG 1. CERTIFICATION IS MADE ONLY TO THE LOCATION OF THIS EASEMENT ACCORDING TO EVIDENCE AND/OR LINES OF OF OCCUPATION OBSERVED UPON THE DATE OF THIS FIELD SURVEY.ONLY U71LITIEStEASEMENTS THAT WERE VISIBLE AND APPARENT ON THE DATE OF THIS SURVEY, WITHIVADJOKANG THE DESCRIBED CASEMENT,HAVE BEEN LOCATED,SHOWN R4 ti ANDiOR DESCRIBED HEREON OF WHICH I HAVE KNOWLEDGE OF. THIS CERTIFICATION IS LIMITED TO THOSE PERSONS OR ENTRIES SHOWN ON THE FACE Or THIS EXHISff,IS NON6TRANSTERABLE AND MADE.FOR THS TRANSACTION ONLY. 2. TITLE INFORMATION W BEEN PROVIDED BY DIE CLIENT:AS SUQt OPEN RANGE FIELD SERVICES DOES NOT WARRANT OR GUARANTEE THAT ALL CONFLICTS,CASEMENTS OR ENCUMBRANCES ARE SHOVAL ADJojw_R INFORMATION sHowN OR DESCRIBED IS FOR INFORMATIONAL PURPOSES ONLY, 3. ALL BEARINGS DISTANCES AND COORDINATES CONTAINED HEREIN ARE GRID,BASED UPON THE TEXAS STATE PLANE COORDINATE'iQiiM, SOUTH ZONE, OF THE NORTH AMERICAN DATUM 19W (NAM. REALIZATIONS 20il, EPOCH 201040000 .IN U.S.SURVEY FEET. 80 N. 'ME OUTER LIMITS OF THE PIPELINE EASEMENT EXTENDS OR SHORTENS TO THE RESKCTIVE TRACT LINES,TEMPORARY 4 10 WORKSPACE LES ADJACENT AND CONTINUOUS TO THE PIPELINE EASEMENT UNLESS NOTED OTHERWISE. S. EASEMENT CENTERLINE IS NOT NECESSARILY THE SAME AS PIPELINE CENTERLINC,THE INTENT IS FOR THE PIPELINE TO BE CONSTRUCTED WIT14N T)E PIPELINE EASEMENT AS DESCRIBED HEREON, Is. EASEMENT DESCRIPTION OF EVEN DATE ACCOMPANIES AND IS A PART OF TNS SURVEY EXHIBIT. 7-27-2023 CODI LAMBERSON,R.P.L,S. 6480 SURVEYED ON THE GROUND:MAY 09,2023 VP!'L!Nr SrATIM OP "AlCOUN't NUM ILK I SG&E C N --- - ------- CEFI VALENZUELA PIPELINE 1- 1000' 2023 Mm.mmm PROJECT 7. I r,,w s,5,vc,tLc- TAPE-m-,, MomomcE m"la-mm ORFS-400-575 L &M ul FILENUMB�FILENAME DRAWN DATE HAMM. 3m 0+10 WEST�8OERNE'TX?m I IN A CVA -TX-TXRR 05-17-23 R V. t - DESCRIPTION ay DAT APP] PREVIOUS DWG, NO. FEV. NO, LOCATION MAP TE ENT LO 17TUPDA7 CLIENT' iZs r.--19-23 2 IRE ROUTE CL 06-26-23 SHT. 1 OF 4 3 1 UPDATE RE-ROUTE CL 06-29-23 HPL COMPANY, LP 4 1 LRE-ROUTE-EOL A-07-192_3 — DWG. NO. a_ 0 _JW 07-24-23 — CVP-NU-TX-CCO 5 RE-ROUTE-EOL UPDATE P Oj T I JUPDAIL PROJECT NAME C U m__ffw�� SHT, 2 OF 4 ' 0 Ti "A" 100 EXHIBI ---------------- 000' NUECES COUNTY, TEXAS LEGEND PIPELINE EASEMENT PLAT I PIPELINE EASEMENT TOTAL LENGTH:14,357.44 FEET OR 870.15 RODS 1/2"IRON RARY WORKSPACE TOTAL EASEMENT:9,89 ACRES ROD W/CAP ADDITIONAL TEMPORARY TEMPORARY WORKSPACE:6.40 ACRES FOUND WORKSPACE (A..T.W.S.) EXIST NG PIPELINE LINE BEARING DISTANCE OHU OVERHEAD UT LITY LINE 3 S 00'4T58"E 7761.80 ROADWAY 4 S 50*28'04" 717.W SURVEY LINE X FENCE SUBJECT TRACT 5 N 89"35'31°`W 699.49 PIPELINE LICE UNDERGROUND ELECTRIC —w— 6 S 00'2423"W 69,=35! NWATERLINE 0 POWER POLE MONUMENTFOUND L--------_..-- ---i PROPERTY DETAIL N.T.8- MATCH LINE"A" 20' SEC 22 LAURELES FARM TRACT LU f, VOLUME 3,PAGE 15 w M.R.N,C.T- lof w If I ow 21 22 60 w w z 42 41 cc 0.t(L ui 3 RAMON DE YNOJOSA TYPICAL DETAIL LCL SURVEY SCALE:I =40' A-411 SEC 42 LAURELES FARM TRACT VOLUME 3,PAGE 15 00 k, M.R-N.C.T. DETAIL L CHU U OHU SCALE:1 =200, 1r2"IRON ROD SURFACE/ WITH CAP CITY OF CORPUS CHRISTI,A TEXAS srrE/ FOUND MUNICIPAL CORPORATION N:171121405.27 CALLED:2,293,25 ACRES E:1285870,10 DOCUMENT NO.2GO0038832 O.P.R-N,C.T. N 6621'14"E CULVERT 1,27-7,02' FLOOD ZONE"X" XPNL.NO-:48355CO50OG _ i P-OT. SEC 41 NA7 2T089-3- 7 4, 6 LAURELES FARM TRACT :1 5 E71284700-3 VOLUME 3,PAGE 15 1. CERTIFICATION IS MADE ONLY TO THE LOCATION OF THIS EASEMENT ACCORDING TO EVIDENCE ANMR LINES OF R.N.C.T. QCCGPATICN OBSERVED UPON THE DATE OF THIS FIELO SURVEY.ONLY UTILITIE&EASEMENTS THAT WERE VISIBLE AND APPARENT ON THE DATE Of THIS SURVEY. WITNIwAojo" THE DESCRIBED EASEMENT, MR DESCRIBED HEREON OF WH"I HAVE KNOWLEDGE OF. THIS CFR WL HAVE-SCE OF AN NG _N LOCATED,SHOWN TIFICA SON on E FACE OF THIS U- 48IT,IS NON-TRANSFERABLE AND MARCFOR THIS TRANSACTION ONLY. ENTITIES SHOWN ON THE TIONI IS LIMITED TO THOSE PERSONS 2. TME INFORMATION HAS BEEN PROVIDED BY THE CLIENT,AS SUCH,OPEN RANGE FIELD SERVICES DOES NOT WARRANT OR GUARANTEE THAT ALL COWLICTS,EASEMENTS OR ENCUMBRANCES ARE SHOWN.AwOjRt.R INFORMATION SHOWN OR DESCRIBED IS FOR INFORMATIONAL PURPOSES ONLY. J. ALL BEARINGS.DISTANCES AND COORDINATES CONTAINED HEREIN ARE GRID,BASED UPON THE TEXAS STATE PLANEDI 2 --- COORDINATE SYSTEM, SOUTH ZONE, OF THE NORTH AMERICAN DATUM IM (NA083. REALIZATIONS 2011, EPOCH ww 010.01)(Kif ,IN U.S.SURVEY FEET. 4- THE OUTER LIMITS OF THE PIPELINE EASEMENT EXTENDS OR SHORTENS TO THE RESPECTIVE TRACT LINES.TEMPORARY48 WORKSPACE I"ADJACENT AND CONTINUOUS TO THE PIPELINE EASEMENT UNLESS NOTED OTHERWISE. <' CONMUCTE0 1AITHIN THE PIPELINE EASEMENT AS DESCRIBED HEREON. THE INTENT IS FOR THE PIPELINE To BE fl. EASEMENT CENTERLINE 13 HOT NECESSARILY THE SAME AS PIPELINE CENTERLINE. 6. EASEMENT OESCRP710N OF EVEN DATE ACCOMPANIES AND IS A PART OF THIS SURVEY EXHIBIT. 7-27-2023 CODI LAMBE .Pl_& 6480 SURVEYED ON THE GROUND:MAY 09,2023 PIPELINE, SrArIONI- OR "AICOUNT MMER I SCALE CON'T. YR. CEFE VALENZUELA PIPELINE I I- l0002023� TWIffa-IIAIleI:MS PROJECT NO. k mamm IILENUMII=ERWlll FILENAME DRAWN DATE 3M"110 E S0ERNETX7WW CVP_ TBPELS N. OrZ OFFKE —400-575 N LA CVP-NU-TX-CCOC.QWG ORFS RR 05-17-23 REV. NO. - DESCRIPTION BY DATE APP, PREVIOUS DWG. NO. I UPDATE CLIENTT's—Q6-I9-23­ CVP-NU-TX-CCG 2 RE-ROUTE CL 06-26-23 BHT. 2 OF 4 �6__29 LP -E-L -23 --------- 3 UPDATE RE-ROUTE JW 07-19 HPL COMPANY, DWG. NO. 4 RE-ROUTE-EDL -2-3 5 1 RE-ROUTE-EOL JW 07-24L-23CV - O PNU-TX-4 CCOC 6 IUPDKI'E PRoJE7c Nw 1T()I)_IW-2 7_UH 6 SHT 3 F HPL COMPANY, LP EXHIBIT "A" NUECES COUNTY, TEXAS PIPELINE EASEMENT DESCRIPTION CEFE VALENZUELA PIPELINE DESCRIPTION OF A 30 FOOT WIDE PIPELINE EASEMENT, BEING 15 FEET LEFT OF AND 15 FEET RIGHT OF THE HEREIN DESCRIBED EASEMENT CENTERLINE, SITUATED IN SECTIONS 22,41,AND 42 LAURELES FARM TRACT, AS SHOWN IN VOLUME 3, PAGE 17, MAP RECORDS NUECES COUNTY,TEXAS, (M.R.N.C.T.), IN THE RAMON DE YNOJOSA SURVEY ABSTRACT NO.411, NUECES COUNTY, TEXAS, IN A CALLED 2,293.25 ACRE TRACT OF LAND, RECORDED IN DOCUMENT NO. 2000038832, OFFICIAL PUBLIC RECORDS, NUECES COUNTY, TEXAS (O.P.R.N.C.T.), BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: POINT OF BEGINNING (P.O.B.: N:17129400.64, E:1290886.17), of the herein described centerline being at the North line of said 2,293.25 acre tract, and South line of a called 176.285 acre tract of land recorded in Document No. 2017051416 (O.P.R.N.C.T.), from which a PK nail found for the Northwest corner of said 2,293.25 acre tract bears South 89°10'58"West, a distance of 5,122.36 feet. THENCE, across said 2,293.25 acre tract the following courses and distances: South 39°48'37"West a distance of 188.20 feet; South 89°03'42"West a distance of 4,920.66 feet; South 00°47'58" East a distance of 7,761.80 feet; South 50°28'04"West a distance of 717.98 feet; North 89°35'31"West a distance of 699.45 feet, THENCE South 00°24'23" West a distance of 69.35 feet, to the POINT OF TERMINATION (P.O.T.: N:17120893.07, E:1284700.30), at the North line of a proposed surface site (surveyed concurrently),within said 2,293.25 acre tract, from which a 1/2-inch iron rod with cap found for an interior angle corner of said tract bears North 66°21'14" East, a distance of 1,277.02 feet. The herein described easement centerline having a total distance of 14,357.44 linear feet (870.15 rods), and said pipeline easement containing 9.89 acres of land. All bearings, distances and coordinates contained herein are grid, based upon the Texas State Plane Coordinate System, South Zone, of the North American Datum 1983 (NAD83, Realization 2011, Epoch 2010.00), in U.S. Survey Feet. A survey exhibit of even date accompanies and is considered an integral part of this easement description. OF IST } �Zdl' 3 Codi Lamberson I LAMBER5p Date: 05-17-2023 Texas RPLS No. 648064810 Date of Field Survey: 05-09-2023 �9,y�� i0 Revision 6: 07-27-2023 «`3Ut;i Page 4 of 4 EXHIBIT B (access sketch) Revocable Easement Houston Pipe Line Company,LP—Cefe Valenzeula Landfill RNLG 2000' 1000, 0 1000, SKETCH 1" - 2-000' NUECES COUNTY, TEXAS LEGEND INGRESS-EGRESS SKETCH ROAD EXISTING PIPEL NE X FENCE OHU OVERHEAD UTlU`TY LINE ROADWAY k`c THOMAS LEON BUSENUEHNER SURVEY LINE CALLED.176285 ACRES SUBJECT TRACT DOCUMENT NO.2017051416 uoE UNDERGROUND ELECTRIC O.P,R.N-C.T- -w— WATERLNE INTERSECTION OF 0 POWER POLE 0 MONUMENTIFOUND I co o FIVI 2444&COUNTY --1] 17 ROAD20 20 COUNTY ROAD 20 20 17 t3'136' 16 :Z- 21 21 122- — — — — — — —22 3 5 LAURELES FARM TRACT I VOLUME 3,PAGE 15 1 MR N.C.T_ 20 __l 7ji 21 LAURELES FARM TRACT FM HIGHWAY 2444 < VOLUME 3,PAGE 15 M kKC_T. re zPOSED RAMON DE YNOJOSA PPROIPELINE SURVEY A-411 22 23 21 21 41 40 42 42 5 40f LALtRELES FARM TRACT VOLUME 3,PAGE 15 KRN_CX. 0 o" C`51 ll�/IF Z 6 0 W CITY OF CORPUS CHRISTI,A TEXAS U 0 ) MUNICIPAL CORPORATION :1CALLED:2,293-25 ACRES DOCUMENT NO.2000038832 42 42 41 O-P-R.N.C.T. 41 40 43 z zi� - - -4-4— —44_45 Jfff LAURELES FARM TRACT VOLUME 3,PAGE 15 M.R N.C.T. PFELINE, STAIION M ACCOUNT NUMBER I SCALE CONST. YR. PROJECT NO. CEFE VALE�ZUELA PIPELINE 1 1 2000' 2023 ckum Wolmwb&gmrwm RLFNUMBER CARD FILENAME DATE M TOPEISNO lolp4m is-am ORFS-400-575 N/A CVP-NU-TX-INGRESS-EGRESS SKETCH,DWO KS 05-16-2=3 REV. NO. - DESCRIPTION BY DATE APP. PREVIOUS DWO, NO. I IUPDATED TO SHOW RE-ROUTE TDD 1 7-6-23 2 1 UPDATED PROJECT NAME TDD 17-27-23 HPL COMPANY, LP SST OF DWG. CVP-NU-TX SHT, 1 OF 1 2 EXHIBIT C INSURANCE REQUIREMENTS I. GRANTEE'S LIABILITY INSURANCE A. Grantee must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. B. Grantee must furnish a copy of the Certificates of Insurance with applicable policy endorsements, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 day written notice of cancellation is Bodily Injury and Property Damage required on all certificates or by policy Per occurrence - aggregate endorsement COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence (including): $2,000,000 Aggregate 1. Commercial Broad Form 2. Premises—Operations 3. Underground Hazard (if applicable) 4. Products/ Completed Operations Hazard 5. Contractual Liability 6. Independent Contractor 7. Personal Injury/Advertising Injury 8. Sudden & Accidental Pollution Liability UMBRELLA/EXCESS LIABILITY $10,000,000 Per Occurrence $10,000,000 Aggregate AUTOMOBILE LIABILITY $1,000,000 COMBINED SINGLE LIMIT 1. Owned Vehicles 2. Hired and Non-owned Vehicles WORKERS' COMPENSATION Which Complies With The Texas Workers' All States Endorsement is Required if Not Compensation Act Domiciled in Texas EMPLOYERS' LIABILITY $500,000/$500,000/$500,000 Revocable Easement Houston Pipe Line Company,LP—Cefe Valenzeula Landfill RNLG C. In the event of accidents of any kind, Grantee must furnish the Risk Manager with copies of all reports related to this permit of such accidents within 10 days of any accident. II. ADDITIONAL REQUIREMENTS A. Grantee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An "All States" endorsement shall be required if Grantee is not domiciled in Texas. B. Grantee shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Grantee'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. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City. Grantee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Grantee 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 (361) 826-3980 D. Grantee agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement or comparable policy language, as respects operations, completed operations and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation and professional liability polices; • 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 Revocable Easement Houston Pipe Line Company,LP—Cefe Valenzeula Landfill RNLG • Provide thirty(30)calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Grantee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Grantee'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 agreement. F. In addition to any other remedies the City may have upon Grantee'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 Grantee to stop work hereunder until Grantee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Grantee may be held responsible for payments of damages to persons or property resulting from Grantee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Grantee'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. Revocable Easement Houston Pipe Line Company,LP—Cefe Valenzeula Landfill RNLG SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of January 9, 2024 xss2 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 3409 Waldron Road CAPTION: Zoning Case No. 1123-01 , Birdie Waldron LLC (District 4). Ordinance rezoning a property at or near 3409 Waldron Road from the "RS-6" Single-Family District to the "RS-6/SP" Single-Family District with a Special Permit; 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 commercial uses, specifically a fitness center and an indoor sports venue. BACKGROUND AND FINDINGS: The subject property is a 3.13-acre parcel and the former site of the Cornerstone Church in South Flour Bluff, east of the NOLF (Naval Outlying Field) Waldron airfield and Waldron Road, north of Mediterranean Drive, and South of Caribbean Drive. The nearby NOLF Waldron and TRUAX airfields were established in Flour Bluff prior to the annexation of the area, with Medium-Density Residential uses becoming the predominant use over the years. The area wide rezoning of 1983, in tandem with the 1978 AICUZ (Air Installations Compatibility Use Zones) study regarding incompatible uses around the base, classified most of the lands around the base for agriculture. General commercial districts in the Flour Bluff area are located along South Padre Island Drive; with neighborhood commercial districts limited and scattered. The subject property is zoned "RS-6" Single-Family 6 District with a Public/Semi-Public use and is within the MCAOD's (Military Compatibility Area Overlay District) light and vertical obstruction subzones. To the north and east of the subject property are "RS-6" Single-Family 6 zoned, low-density, residential subdivisions; Bayberry Terrace and Caribbean Place Unit 3 respectively. The vacant and undeveloped parcel to the south is owned by the applicant and may be developed into a soccer field at a later date. NOLF Waldron airfield is to the west of the subject property and is zoned "RS-6" Single-Family 6 District. The applicant is requesting a special permit to convert (adaptive reuse) the former Cornerstone Church facilities into a fitness center and an indoor sports venue. Development Services, thus far, is in receipt of the interior demolition permits for the future 12,500 square feet fitness center and 22,400 square feet venue. The "RS-6" Single-Family 6 District provides for orderly suburban residential development and redevelopment. 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. Public Input Process Number of Notices Mailed: 30 within the 200-foot notification area, and 2 outside the notification area. As of January 5, 2024.- In 024:In Favor. In Opposition: 0 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area A total of 2.16% of the 200-foot notification area is in opposition. ALTERNATIVES: None. 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-6/SP" Single-Family 6 District with a Special Permit on November 29, 2023. The Special Permit will be subject to the following conditions. 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district are a fitness center and an indoor sports venue. Expansion of the uses granted by this special permit is prohibited. 2. Parking: Parking shall be required at a ratio of 1 :280 Parking Ratio. 3. Landscaping: Vehicular screening along Waldron Road shall be the only required landscaping as per UDC (Unified Development Code) Section 7.3.11 Landscaping Specification Applicable for all Zones. 4. Dumpster: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. Buffer Yard: A type A buffer yard consisting of at least 10 feet and 5 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 6. Lighting: All lighting must be shielded, directed away from adjacent residences, and nearby streets. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. No light source shall exceed a height of 15 feet. Lighting must be compliant with the MCAOD (Military Compatibility Area Overlay District) overlay. LED or internally illuminated lighting are prohibited. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 32 square feet in area. Existing signs are allowed to be maintained per UDC Section 9.3. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For-8 Against: 0 Absent: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1123-01, Birdie Waldron LLC (District 4). Ordinance rezoning a property at or near 3409 Waldron Road from the "RS-6" Single-Family District to the "RS-6/SP" Single-Family District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property being Lot 1, Block 3, Bayberry Terrace, as shown in Exhibit A, from: the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit. The subject property is located at or near 3409 Waldron Road. Exhibit A, a map, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district are a fitness center and an indoor sports venue. Expansion of the uses granted by this special permit is prohibited. 2. Parking: Parking shall be required at a ratio of 1 per 280 square feet. 3. Landscaping: Vehicular screening along Waldron Road shall be the only required landscaping as per UDC (Unified Development Code) Section 7.3.11 Landscaping Specification Applicable for all Zones. 4. Dumpster: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. Buffer Yard: A type A buffer yard consisting of at least 10 feet and 5 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 6. Lighting: All lighting must be shielded, directed away from adjacent residences, and nearby streets. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. No light source shall exceed a height of 15 feet. Lighting must be compliant with the MCAOD (Military Compatibility Area Overlay District) overlay. LED or internally illuminated lighting are prohibited. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 32 square feet in area. Existing signs are allowed to be maintained per UDC Section 9.3. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable by a fine not to exceed $2,000.00 for each offense; as provided in Article 1, Section 1.10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 EXHIBIT A egrBF R M- RRr'O< Q., FRRr � R� -�6 �. SUBJECT /PROPERTiY 3�,of t,F�Q oR F R � Z 0 CASE: 1123-01 , SUBJECT PROPERTY WITH ZONING .1 ® / a Grua Sf Subject s.4 Property A-1 Apartment Hguse DistricE 1-1 Limi Industrial nis;�:,• A. Apartment Hain D•i 1.2 Lgnt I—. A-2 Apartment Heuse DistricS 1.3 H ,Industria!Disteect ...,. 0.9 Prafes—1 Difxs Dislry 9 Pug Planned IJnA Dereingnen: AT Aparoneno-Tuaist D—d R-lA Dne Family Dw&,Dishid SUBJECT\ 5-1 Neighb-hpptl Business Dist R-$D One Family Dwelhng Dis— B-iA Nwgh�—Bus m-D's>de1 R-ec a,e Famiy 6walh,Dista PROPERTY 9-2 eayfivnt S--N— R-2 Maw Dw.,owner -\ S-2A 8artier Island Busness Di— RA Line Fatuity DwelhK Dismd ... E-3 Business Dis— RE Revdev'M Estate Dl— BA General Business Divalq R-TH TawnMuse O MiN Dls— _ Bd P-.N Buswress Dlsvwt 3p Special Permit BA Primary Business Core Disaicl f 1 Travel Tatler Park Dislrt t .... BD Cm l Dhdsd Beach Design Dst 7-1B Mamtacmred Ha Peck DmCity lit ESEI,HERE FF Farm Rural Demo T-1n k/anuP—c Home5ubdrWsim CoipuS LOCATION MAP Hc. dis cal-ci m„al lendma,k Oi— ChrisFi Pre rvahon Page 3 of 3 ZONING REPORT Case 1123-01 Applicant & Subject Property District: 4 Owner: Birdie Waldron LLC Applicant: Birdie Waldron LLC Address: 3409 Waldron Road, located along the east side of Waldron Road, south of Caribbean Drive, north of Yorktown Boulevard, and west of Jamaica Drive. Legal Description: Lot 1 , Block 3, Bayberry Terrace Acreage of Subject Property: 3.13 Acres Pre-Submission Meeting: August 31 , 2023 Zoning Request From: "RS-6" Single-Family 6 District To: "RS-6/SP" Single-Family 6 District with a Special Permit Purpose of Request: To allow for commercial uses, specifically a fitness center and an indoor sports venue. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Public/Semi-Public Site "RS-6" Single-Family 6 (Former site of Medium-Density Residential Cornerstone Church) Low-Density Residential, North "RS-6" Single-Family 6 (Bayberry Terrace Medium-Density Residential Subdivision) South "RS-6" Single-Family 6 Vacant Medium-Density Residential Low-Density Residential, East "RS-6" Single-Family 6 (Caribbean Place Unit 3 Medium-Density Residential Subdivision) West "RS-6" Single-Family 6 Public/Semi-Public, (NOLF Waldron Airfield) Transportation Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 58 Page 25. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): Yes. The subject property is outside any of the NOLF (Naval Outlying Field) Waldron's AICUZ (Air Installations Compatibility Use Zones) zones; however, it is within the light and vertical obstruction subzones of the base. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing " Waldron Road "A1 4 Lanes, 2 Lanes, Minor Arterial, 95 feet 80 feet undivided Transit: The Corpus Christi RTA provides service to the subject property via route 4 Flour Bluff along Waldron Road. Route 4 Flour Bluff loops around the site starting at Caribbean Drive, through Jamacia Street and Mediterranean Drive, back to Waldron Road towards South Padre Island Drive. Bicycle Mobility Plan: The subject property is approximately 2,700 feet away from a proposed bike boulevard along Yorktown Boulevard south of the site and, equally north of the site, along a ditch. Utilities Gas: A 2-inch WS line exists along Waldron Road. Stormwater: A 24-inch RCP line exists along the west side of Waldron Road. Wastewater: A 6-inch PVC main exists at the rear of the property line. Water: A 12-inch ACP line along the east side of Waldron Road. 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 Flour Bluff Area Development Plan (Adopted on June 22, 2021). 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: 30 within a 200-foot notification area 2 outside 200-foot notification area In Opposition: 1 inside the notification area 0 outside the notification area 2.16% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: November 29, 2023 City Council 1St Reading/Public Hearing Date: January 9, 2024 City Council 2nd Reading Date: January 23, 2024 Background: The subject property is a 3.13-acre parcel and the former site of the Cornerstone Church in South Flour Bluff, east of the NOLF (Naval Outlying Field) Waldron airfield and Waldron Road, north of Mediterranean Drive, and South of Caribbean Drive. The nearby NOLF Waldron and TRUAX airfields were established in Flour Bluff prior to the annexation of the area, with Medium-Density Residential uses becoming the predominant use over the years. The area wide rezoning of 1983, in tandem with the 1978 AICUZ (Air Installations Compatibility Use Zones) study regarding incompatible uses around the base, classified most of the lands around the base for agriculture. General commercial districts in the Flour Bluff area are located along South Padre Island Drive; with neighborhood commercial districts limited and scattered. The subject property is zoned "RS-6" Single-Family 6 District with a Public/Semi-Public use and is within the MCAOD's (Military Compatibility Area Overlay District) light and vertical obstruction subzones. To the north and east of the subject property are "RS-6" Single-Family 6 zoned, low-density, residential subdivisions; Bayberry Terrace and Caribbean Place Unit 3 respectively. The vacant and undeveloped parcel to the south is owned by the applicant and may be developed into a soccer field at a later date. NOLF Waldron airfield is to the west of the subject property and is zoned "RS-6" Single-Family 6 District. The applicant is requesting a special permit to convert (adaptive reuse) the former Cornerstone Church facilities into a fitness center and an indoor sports venue. Development Services, thus far, is in receipt of the interior demolition permits for the future 12,500 square feet fitness center and 22,400 square feet venue. The "RS-6" Single-Family 6 District provides for orderly suburban residential development and redevelopment. 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. Plan CC (The City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life: o Encourage orderly growth of new residential, commercial, or industrial areas. o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, location needs, and characteristics of each use. o Screening, fences, open spaces, and landscaping can provide the essential buffer. Flour Bluff ADP (Area Development Plan) and FLUM (Future Land Use Map)Consistency: The proposed rezoning is consistent with broader elements of the Flour Bluff ADP; the base zoning of RS-6 is consistent with the FLUM's designation of Medium-Density Residential. The Flour Bluff ADP, adopted in 2021 , encourages: • Developments compatible with the nearby naval base. • Access to daily necessities to enhance everyday life in Flour Bluff under Strong Local Economy vision theme. • The provision of uses that would supplement recreational uses lacking in the area. 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 many goals of Plan CC (The City of Corpus Christi Comprehensive Plan); the base zoning of RS-6 is consistent with the FLUM's (Future Land Use Map) designation of Medium-Density Residential. • The subject property is within the MCAOD (Military Compatibility Area Overlay District) overlay of the NOLF Waldon airfield. It is outside of any of the accident potential zones(CZ-Clear Zone, APZ I-Accident Potential Zone I, and APZ II-Accident Potential Zone II); however, the parcel is within the light and vertical obstruction subzones of the base established by the 2022 ordinance. • The Waldron and TRUAX fields have long driven the development patterns in the Flour Bluff area. Outside of both of the airfields' safety zones, the predominant land use is residential with general commercial uses concentrated along South Padre Island Drive (measured to be approximately 2 miles) and limited neighborhood commercial districts scattered throughout the South Flour Bluff area. A need for zoning districts that can host neighborhood services, as implicitly voiced by the residents of the area during the drafting of the ADP (Area Development Plan), was addressed under the Flour Bluff ADP vision theme of a Strong Local Economy. The proposed development can supplement the availability of daily necessities services and community facilities within the neighborhood and area. • The applicant requested an adjustment to the parking requirement for the proposed development. Development Services found their parking provision to be acceptable based on the parking ratio of the soon-to-be adopted UDC (Unified Development Code). Instead of the 1 :250 (square feet being the unit of measure) ratio for a fitness center, the updated code will require a minimum of 1 :500 and 1 :3 (seats being the unit of measure) for an indoor sports venue with seating instead of the 1 :100 (square feet). This is determined as one of the means to limit traffic impact. • Staff determined that the proposed development met the Special Permit criteria of a proposed use consistent with Plan CC, that complements and is compatible with surrounding uses, and is limited in adverse impacts it may have on the existing infrastructure. o The requested amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. • The proposed uses are permitted in the Neighborhood Commercial District; therefore, can be sited within a neighborhood. The physical appearance, hours of operation and conduct of the use will not generate any nuisance, spillover lighting that will detrimentally affect the residential character of the area. The adjacent and neighboring uses will not adversely be affected since the structures and similar activities have existed for over 15 years. ■ Both structures are setback at least 30 feet away and fenced in; surpassing the minimum buffer requirement. • While a fitness center generates traffic on a daily basis, an indoor sports venue will generate activities that are organized and scheduled. o The zoning map amendment will not have a negative impact upon the surrounding neighborhood. ■ The site of the proposed use is suitable for the proposed development. It is not within a safety subzone of the MCAOD. ■ The applicant's proposal has been weighed against the capacity of Waldron Road, a designated Al class arterial functioning as a collector, to support such development. While the total area of the two facilities measure approximately 35,000 square feet, staff determined that site items such as the approved-adjusted parking provision, and interior spaces that do not factor into occupancy load such as circulation spaces, storage rooms, restrooms, and courts, will help reduce development strain on the surrounding area. ■ Staff also considered the possibility of the proposed development altering the character of the area. The Waldron base limits development to the south (due to a designated CZ-Clear Zone), the applicant is planning to develop the adjacent parcel into a soccer field at a future date, there are established residential subdivisions to the north and east. The scenario of commercial use being enlarged is severely limited. ■ Special Permits require a review by the Technical Review Committee, and Development Services Engineering and the Streets Department do not anticipate any adverse or significant impact on the existing infrastructure. Planning Commission and Staff Recommendation (November 29, 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 from the "RS-6" Single-Family 6 District to the "RS-6/SP" Single-Family 6 District with a Special Permit Overlay. The Special Permit to be granted is subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district are a fitness center and an indoor sports venue. Expansion of the uses granted by this special permit is prohibited. 2. Parking: Parking shall be required at a ratio of 1 :280 Parking Ratio. 3. Landscaping: Vehicular screening along Waldron Road shall be the only required landscaping as per UDC (Unified Development Code) Section 7.3.11 Landscaping Specification Applicable for all Zones. 4. Dumpster: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from street rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. Buffer Yard: A type A buffer yard consisting of at least 5 feet and 5 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 6. Lighting: All lighting must be shielded, directed away from adjacent residences, and nearby streets. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. No light source shall exceed a height of 15 feet. Lighting must be compliant with the MCAOD (Military Compatibility Area Overlay District) overlay. LED or internally illuminated lighting are prohibited. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 32 square feet in area. Existing signs are allowed to be maintained per UDC Section 9.3. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachment: (A)Existing Zoning and Notice Area map, (B) Aerial Map, (C) AICUZ (Air Installations Compatibility Use Zones) Map, (D) Proposed Development Site Plan, (E) Returned Notice (F) Alternative Parking Analysis Attachment A: Existing Zoning and Notice Area �FRRrP` 1�3 Qv 12 � 9 8 10 28 7 1 O� 6 O� 5 4 2 27 3 26 S UBJECT PROPERTY ' ' 25 24 29 17 18 16 30 19 I/ 20 15 FGA OR 21 F R 22 fib, �r 9 0 . CASE: 1123-01 N W E Zoning and notice Area 6 Rhl-1 Multifamilyl IL Light Industrial RM-2 Multlfamdy8 IH Heavylndustrial Rl MultifamNy3 PUD Planned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-A7 Multifamily R7 RS-6 Single-Fam0y6 CN-1 Neighborhood Commercial RS-06 Single-Family4S CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Resort Commercial IRS16Single-Family 16 CR-a Resort Commercial RE Residential Estate CG-1 General Commercial R5_TH Tc—h— r G-2 General Commercial SP Special Permit CI Intensive Commercial Ry Recreational Vehicle Park $UBJECT\ CBD Uowrto Cammerci al RMFI Manufactured Home PROPERTY Cl Resort Commerclal ---\ FR Farm Rural / 1 H Hisrorie Overlay HP Business Park wh Orwhr 0Y X.,.z_ City of Lsrt,HERE 2 �^ r �£� Corpus LOCA POW UP CnlEa� Attachment B: Aerial Map 41 J to tiny ; S w a X, SUBJECT, hk. PROPERTY; � ' ;- . r .10 CASE: 1123-01 a• >r Aerial View PROPERTY C1L1Of E:ti,HERE " C4116111" LOCATION MAP Christi Attachment C: AICUZ (Air Installations Compatibilty Use Zones) Map l Qom` BFRRY'Pl �� SUBJECT PROPERTY CASE: 9923-09 WF. AICUZ S APZ-1 APZ-2 CZ SUBJECT PROPERTY City Of Isri,HERE Corpus LOCATION MAP 011 isti Attachment D: Proposed Development Site Plan F 2f eW m a C a cc W 4 aLM n � w x W as f3 �ma �+ � O V � V k $ m � o , / s b•°BMJ '4Yf��Y ���.�/� � / p/ / 9�_ Attachment E: Returned Notice PUBLIC HEARING NOTICE , CITY PLANNING CGS1Elil -.,. ^M Rezoning Case No. 1123-WBirdie Waldron LLC has petitioned the City of Corpus Christi to consider a change of zoning from the "ft5-6" Single Famil pistrict to the "RS-6/SP"' Single-Family District with a Special Permit not resutting in a change to the Future Land Use Map.The property to be rezoned is described as: A Property located at or near 3409 Waldron Road and described as Lot 1, Block 3, Bayberry Terrace, located along the east side of Waldron Road,south of Caribbean Drive, north of Yorktown Boulevard, and west of Jamaica Drive. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, November 29, 2023 during one of the Planning ❑� • Y Commission's regular meetings, which begins at 5:30 p.m., in the 61' Floor Conference Room at City Hall, 1201 Leopard Street.You are invited to affend FL 16 this public hearing to expi ?Fs v o ,��F ri this rezoning request. The Planning Commission may recommend to the City Council approval or •R �s ~ denial, or approval of an intermediate zoning classification and/or Special . Permit. Approval of a change of zoning, if inconsistent with the City's .�� Comprehensive Pian, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361)826-3240- Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-8263240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para l ayudarle. Para mas inforrnacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240- NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office,or in person, by telephone call or by letter, 7 Tex.Admin. Code§211,006(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning@cctex_as.com. Property Owner(s)Name: 'D OW I 'P.(ns Address: J � �J• rt! �j 7a 71 o Phone No: ( ) IN FAVOR XIN fliOPPOSITION �,_-_-M �,��iiG� pro?*x4} va�u�.� w141 � REASON: SO qty 1 �P�V(rLt Tr•+'" f ' �-rr � +�nar�aac. � ro c�us'�--mo'''t � dec rWe CDO ¢or - ► �t� ;�, � �ncrc..ased.� �4r 4c,,. Q,cc t Signature W Planner Assigned:Saradya Registre Email:SaradiaR@cctexas.com Phone:361-826-3574 INFOR Case Na.ZN8033 5 Property Owner ID. Zoning Case 1123-01 Birdie Waldron LLC ,;. District 4 Rezoning for a property at or near yi by 3409 Waldron Road w,* From the "RS-6" Single-Family 6 r R To the "RS-6/SP" Single-Family 6 District with a Special Permit ...` SUBJECT PROPERTY � RP Y Y " Esri,HERE ('nilna, LOCATION MAP Chi isi City Council January 9, 2023 Zoning and land Use Proposed Use: M- Adaptive Reuse (former church) to allow for a fitness agreRRYF( center and an indoor sports venue. Area Development Plan (ADP): BFRRr Flour Bluff ADP (June 22, 2021) 'O< 4 a° o= Future Land Use Map: SUBJECT Medium-Density Residential PROPERTY Existing Zoning: "RS-6" Single-Family 6 District 3m�� F�goR Adjacent Land Uses: FR A2� o��" North: Low-Density Residential (Zoned "RS-6) Rs- N South: Vacant (Zoned "RS-6") o 1 • East: Low-Density Residential (Zoned "RS-6") • West: Public/Semi-Public (Zoned RS-6) AICUZ Map and Site Plan i , v. d' SUBJECT PROPERTY � b t q y 'fir ✓ l / /� \\ murnm ���� � ` Public Notification 30 Notices mailed inside the 200-foot buffer <�F 2 Notices mailed outside the 200-foot buffer r m BFF y7.; �P 8 Notification Area 28 0= 6 x l . O� 5 SP 4 2 3 26 Opposed: 1 (2.16%) SUBJECT Separate Opposed Owner(s) (1) PROPERTY 25 29 9 17 18 16 30 19 In Favor: 0 (0.00%) 21 2C N FR 0 *Notified property owner's land in SQF/Totalsquare footage I of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation • The proposed rezoning is consistent with many goals of Plan CC and the FLUM's designation of Medium-Density Residential. • The subject property is within the light and vertical obstruction subzones of the NOLF Waldron's MCAOD overlay; however, it is outside any of its accident potential zones. • The Waldron and TRUAX fields have driven the development patterns in the Flour Bluff area. Outside of both airfields' safety zones, the predominant land use is residential with general commercial uses concentrated along South Padre Island Drive, and limited neighborhood commercial districts scattered throughout the South Flour Bluff area.A need for zoning districts that can host neighborhood services, as implicitly voiced by the residents of the area was addressed under the Flour Bluff ADP vision theme of a Strong Local Economy. The proposed development can supplement the availability of daily necessities services and community facilities. • Staff determined that the proposed development met the special permit criteria of a proposed use consistent with Plan CC, that complements and is compatible with surrounding uses, and is limited in adverse impacts. — The requested amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. — The zoning map amendment will not have a negative impact upon the surrounding neighborhood. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL Special Permit Conditions The Special Permit to be granted is subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than uses permitted in the base zoning district are a fitness center and an indoor sports venue. Expansion of the uses granted by this permit is prohibited. 2. Parking: Parking shall be required at a ratio of 1:280 Parking Ratio. 3. Landscaping: Vehicular screening shall be the only required landscaping as per UDC (Unified Development Code) Section 7.3.11 Landscaping Specification Applicable for all Zones. 4. Dumpster: Refuse containers must be provided in a place accessible to collection vehicles and must be screened from streets rights-of-way and views from adjacent residential properties. Screening must be composed of a solid or opaque material that matches or compliments the building material. 5. Buffer Yard: A type A buffer yard consisting of at least 5 feet and 5 points shall be installed, maintained, and remain in place along the north and east property boundaries as long as residential districts or uses are adjacent. 6. Lighting: All lighting must be shielded, directed away from adjacent residences, and nearby streets. Freestanding pole lights are not allowed within 50 feet of the property line of residential zoning districts. No light source shall exceed a height of 15 feet. Lighting must be compliant with the MCAOD (Military Compatibility Area Overlay District) overlay. LED or internally illuminated lighting are prohibited. 7. Signage: One freestanding sign shall be allowed. The freestanding sign must be a monument sign, which shall not exceed 8 feet in height and 32 square feet in area. Existing signs are allowed to be maintained per UDC Section 9.3. 8. Hours of Operation: The hours of operation shall be limited from 7:00 AM to 10:00 PM. Customer access to the facility shall be prohibited after 10:00 PM. 9. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SC G� O'k F AGENDA MEMORANDUM NggpqRpY' Public Hearing and First Reading for the City Council Meeting of January 9, 2024 xss2 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 8159 Stillwell Lane CAPTION: Zoning Case No. 1123-02, Gulf-Hudson Holdings and Patsy A Brooks (District 1). Ordinance rezoning a property at or near 8159 Stillwell Lane from the "FR" Farm Rural District and the "IL" Light Industrial District to the "R-MH" Manufactured Home 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 a manufactured home park. BACKGROUND AND FINDINGS: The subject property is a 102.64-acre tract located between Leopard Street and Sedwick Road, east of Stillwell Lane, and west of Rhew Road. The subject property, being irregular in shape, abuts Stillwell Lane to the north and in certain instances to the east. The subject parcel is bounded by a variety of uses. Leopard Street within the Port/Airport/Violet area is lined mostly with light industrial zoning west of Rand Morgan Road and east of Corn Products Road, and around the Corpus Christi International Airport perimeter. The heavy industrial uses are between IH-37 (Interstate Highway 37) and Up River Road, with a small enclave between Clarkwood and Rand Morgan Road, west of the site. The commercial districts zoning located along Leopard Street are on either side of the subject area development plan. The subject parcel is an undeveloped tract with an agricultural use. Most of the parcel is zoned "FR" Farm Rural District to the south with the northern portion, along Stillwell Lane, zoned "IL" Light Industrial District. North of Stillwell Lane, and of the site, are multiple parcels zoned "CG-2" General Commercial District with a few vacant and others having commercial use. To the east of the subject property is the low-density residential Hudson Acres subdivision that includes a park use, zoned "RS-6" Single- Family 6, with parcels with commercial uses at its northern boundary, along Stillwell Lane, zoned "CG-2", and other properties that are zoned "CN-1" Neighborhood Commercial District with commercial uses within. To the south are a few properties that are vacant or have an agricultural use and are zoned "FR" Farm Rural District. To the west are multiple properties with different zoning districts. The vacant parcel is zoned "FR" Farm Rural District, the manufactured home park is zoned "IL" Light Industrial District and "FR" Farm Rural District, and where the subject property abuts Stillwell Lane, is an enclave of parcels disannexed in 2018. The applicant is requesting an amendment to the zoning map to accommodate a manufactured home park development with 600 manufactured home pads and support spaces such as a leasing office, parks, playfields, and a community center. The Manufactured Home District preserves appropriate land for the development for single-family residences utilizing manufactured home parks and subdivisions with the provision of open space and recreational areas appropriate for the acreages and number of units contained. Manufactured home parks are limited to the Manufactured Home District. Public Input Process Number of Notices Mailed: 100 were mailed within 200-foot notification area, and 1 outside notification area. As of January 5, 2024.- In 024:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0% of the 200-foot notification area is in opposition. ALTERNATIVES: None. 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 "IL" Light Industrial District and "FR" Farm Rural District to the "R-MH" Manufactured Home District on November 29, 2023. Vote Results For: 8 Against: 0 Absent: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 1123-02, Gulf-Hudson/Patsy A Brooks (District 1). Ordinance rezoning a property at or near 8159 Stillwell Lane from the "FR" Farm Rural District and the "IL" Light Industrial District to the "R-MH" Manufactured Home 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 102.64 acres, consisting of two tracts, out of Sheppard H B Farm Lots 23, 24, 27, and 28, as described and shown in Exhibit A, from: the "IL" Light Industrial District and "FR" Farm Rural District to the "R-MH" Manufactured Home District. The subject property is located at or near 8159 Stillwell Lane. Exhibit A, a Metes & Bound 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 , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 5 Exhibit A: Metes & Bounds Description MURRAY BASS,JR,P.E.,R.P.L.S. 3054 S.AiAMEnA,zip 78404 NixoNM.WEUH,P.E.,R.P.L.S. 361-882-5521--EAx361-882-1265 —bass-welsh— e-mail:mt r avir(cbaol.com e-mail:nixmwl(a@email.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 October 17,2023 Field Note Description Being a tract situated in Corpus Christi, Nueces County,Texas over and across portions of Lots 23,24, 27 and 28 of the H.B.Sheppard Farm Lots subdivision a map of which is recorded in Volume A,Page 51, of the Map Records of Nueces County,Texas. BEGINNING at a point in the West boundary of Lot 30, Block 2,Hudson Acres subdivision as shown on the map thereof recorded in Volume 13,Pages 44 and 45 of the Map Records of Nueces County,Texas, said point being the Northeast corner of a 15 acre tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 1669 at Page 388 of the Deed Records of Nueces County,Texas,for the Southeast corner of this tract, THENCE S89058'30"W a distance of 708.46 feet to a point for the most Southerly Southwest corner of this tract,said point being in the West boundary of that tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 1,366 at Page 612 of the Deed Records of Nueces County,Texas,and the Northwest corner of the aforementioned 15 acre tract, THENCE North 1,273.70 feet to a point for an interior corner of this tract, said point being the Northeast corner of a 60.59 acre tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 2041 at Page 1027 of the Deed Records of Nueces County,Texas, THENCE West a distance of 1,162.00 feet to a point on the center line of a public road known as Stillwell Lane, THENCE North 1709.70 feet on the centerline of Stillwell Lane a distance of 1709.70 feet to a point for a corner of this tract, THENCE East a distance of 280.00 feet to a point for the corner of this tract; THENCE South a distance of 828.00 feet to a point for an interior corner of this tract, THENCE East a distance of 200.00 feet to a point for an interior corner of this tract, THENCE North a distance of 528.00 feet to a point for an interior corner of this tract, THENCE East a distance of 818.00 feet to a point for an interior corner of this tract, THENCE North a distance of 300.00 feet to a point for an interior corner of this tract, THENCE West a distance of 100.00 feet to a point for the Southerly Northwest corner of this tract, Page 1 of 2 Page 3 of 5 THENCE North a distance of 1,317.30 feet to a point on the South right-of-way line of Stillwell Lane for the most Northerly Northwest corner of this tract; THENCE East along the South right-of-way line of Stillwell Lane a distance of 689.97 feet to a point of the Northeast corner of this tract,said point being on the North corner of the heretofore referenced Hudson Acres subdivision; THENCE SO°14'00"W along the West boundary of Hudson Acres a distance of 2,643.91 feet to a point in the West boundary of Lot 43 Block 1 for an interior corner of this tract said point being the Northeast corner of that 3.25 acres tract described in the deed to the City of Corpus Christi recorded in Volume 1427,at Page 117 of the Deed Records of Nueces County,Texas; THENCE S69°46'00"E along the North line of the here therefore referenced 3.25 acre tract a distance of 372.55 feet to an interior corner of this tract; THENCE 5014'00"W a distance of 380.00 feet to a point for the Southwest corner of the 3.25 acres to an interior corner of this tract; THENCE S89°46'00"E a distance of 372.55 feet to the Southeast corner of the 3.25 acres said point lying in the West boundary of Hudson Acres subdivision and being the Southwest corner of Lot 6 Block 2, Hudson Acres, THENCE S0°14'00"W along the West boundary of Hudson Acres a distance of 1,276.51 feet to the POINT OF BEGINNING forming a tract of 4,471,101 square feet(102.64 acres). 0.Q'q'rcGt6?ER�"�y � MURRAY BASS.JR. r-o 2128 �¢ SlJS1v�o M ray Bass,4r.,R.P.LS' . Note-Basis of Bearing is State of Texas Lambert Grid,South Grid, NAD 1983- This description has been prepared from the documents of record with the County Clerk of Nueces County referenced herein and on the drawing of this tract. MBJ:amg 14077-H BSheppardFarm.doc Page 2 of 2 Page 4 of 5 A/ 7 MLLWELL LANE F U _ _ \� � § ® _52a,00' \© 2\ < \ \� �_��\ � � ^ ` � ` \:\ �. ) CoTw 1216," �\\\/\/\��/\\\\}mom�.\/\\��\\§&/z2z2�� ��y� \ ��\ T1 CO 0 PROPOSED REZONING BA . H.BSHEPPARD rARM LOTS —16 CORPUS CHRISTI, TEXAS Page 5 of 5 ZONING REPORT Case 1123-02 Applicant & Subject Property District: 1 Owner: Gulf-Hudson/Patsy A. Brooks Applicant: Gulf-Hudson/Patsy A. Brooks Address: 8159 and 8169 Stillwell Lane, located along the south side of Stillwell Lane, south of Leopard Street, east of Clarkwood Road, and west of Rhew Road. Legal Description: 102.64 acres, consisting of two tracts, out of Sheppard H B Farm Lots 23, 24, 27, and 28 Acreage of Subject Property: 102.64 Acres (Refer to Attachment (B) Metes & Bounds) Pre-Submission Meeting: July 12, 2023 Zoning Request From: "FR" Farm Rural District and "IL" Light Industrial District To: "R-MH" Manufactured Home District Purpose of Request: To allow for a Manufactured Home Park development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural,"IL" Light Industrial Agricultural Light Industrial North "CG-2" General Commercial Vacant, Light Industrial,Commercial Commercial South "FR" Farm Rural Agricultural,Vacant Light Industrial "CG-2" General Commercial, Commercial, Commercial, Low- and Medium- Medium and High-Density East "RS-6" Single-Family 6, Density Residential, Residential, "CN-1" Neighborhood Commercial Park, Permanent Open Space, Public/Semi-Public Public/Semi-Public "IL" Light Industrial, Mobile Home Park,Vacant West "OCL" Outside City Limits, "OCL" Outside City Limit Light Industrial "FR" Farm Rural Agricultural Plat Status: The subject property is not platted. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Stillwell Lane 1 Lane (Incl. 1 Lane (Incl. Parking), "Local" Residential Parking), 40 Feet 50 Feet Designation Section Proposed Section Existing Tuloso Road "A2" Secondary 4 Lanes (Incl. Arterial Divided Median), Proposed 100 Feet Transit: The Corpus Christi RTA provides service to the subject property via Route 27 Leopard east- and west-bound along Leopard Street, with stops east of Main Drive and west of Tuloso Road. Bicycle Mobility Plan: The subject property is approximately 3 miles away from a proposed off-road multi use trail along the Kingwood ditch west of the Leopard Street, and 4 miles away along Leopard Street/Lexington Boulevard. Utilities Gas: A 4-inch WS line exists along the south side of Leopard Street. Capacity to be assessed during the subdivision request. Stormwater: A 33-inch RCP line exists along the south side of Stillwell Lane. Capacity to be assessed during the subdivision request. Wastewater: A 10-inch VCP line exists along the north side of Stillwell Lane. Capacity to be assessed during the subdivision request. Water: An 8-inch ACP line exists along the south side of Leopard Street. Capacity to be assessed during the subdivision request. 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 Por-Airport-Violet Area Development Plan (Adopted on February 28, 1995). Water Master Plan: A 12-inch grid main has been proposed along the north side of Sedwick Road. Wastewater Master Plan: A 10-inch main has been proposed along the west and south boundaries of the subject property. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 100 within a 200-foot notification area 1 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: November 29, 2023 City Council 1St Reading/Public Hearing Date: January 9, 2024 City Council 2nd Reading Date: January 23, 2024 Background: The subject property is a 102.64-acre tract located between Leopard Street and Sedwick Road, east of Stillwell Lane, and west of Rhew Road. The subject property, being irregular in shape, abuts Stillwell Lane to the north and at certain instances to the east. The subject parcel is bounded by a variety of uses. Leopard Street within the Port/Airport/Violet area is lined mostly with light industrial zoning west of Rand Morgan Road and east of Corn Products Road, and around the Corpus Christi International Airport perimeter. The heavy industrial uses are between IH-37 (Interstate Highway 37) and Up River Road, with a small enclave between Clarkwood and Rand Morgan Road, west of the site. The commercial districts zoning located along Leopard Street are on either side of the subject area development plan. The subject parcel is an undeveloped tract with an agricultural use. Most of the parcel is zoned "FR" Farm Rural District to the south with the northern portion, along Stillwell Lane, zoned "IL" Light Industrial District. North of Stillwell Lane, and of the site, are multiple parcels zoned "CG- 2" General Commercial District with a few vacant and others having a commercial use. To the east of the subject property is the low-density residential Hudson Acres subdivision that includes a park use, zoned "RS-6" Single-Family 6, with parcels with commercial uses at its northern boundary, along Stillwell Lane, zoned "CG-2", and other properties that are zoned "CN-1" Neighborhood Commercial District with commercial uses within. To the south are a few properties that are vacant or have an agricultural use and are zoned "FR" Farm Rural District. To the west are multiple properties with different zoning districts. The vacant parcel is zoned "FR" Farm Rural District, the manufactured home park is zoned "IL" Light Industrial District and "FR" Farm Rural District, and where the subject property abuts Stillwell Lane, is an enclave of parcels disannexed in 2018. The applicant is requesting an amendment to the zoning map to accommodate a manufactured home park development with 600 manufactured home pads and support spaces such as a leasing office, parks, playfields, and a community center. The Manufactured Home District preserves appropriate land for the development for single- family residences utilizing manufactured home parks and subdivisions with the provision of open space and recreational areas appropriate for the acreages and number of units contained. Manufactured home parks are limited to the Manufactured Home District. 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.- Quality eighborhoods:Quality Housing meets the diverse needs of households at all income levels and all stages of the life cycle. ■ Future Land Use, Zoning, and Urban Design.- Corpus esign:Corpus Christi Development patterns support efficient and cost effective use of resources and quality of life. o Encourage the protection and enhancement of residential neighborhoods. o Encourage orderly growth of residential, commercial, and industrial areas. o Promote a balanced mix of land uses based on compatibility, locational needs, and characteristics of each use. • Corpus Christi has well designed neighborhoods and built environments. o Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. Port/Airport/Violet ADP (Area Development Plan) and FLUM (Future Land Use Map)Consistency: The proposed rezoning is consistent with broader elements of the Port/Airport/Violet ADP; however, it is inconsistent with the FLUM's designation of Light Industrial. The proposed use is consistent with the following goals and objectives. • Promote the development of vacant land in the area. • Propose appropriate land uses. 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: o The proposed rezoning is consistent with many elements and goals of Plan CC (The City of Corpus Christi Comprehensive Plan); however, it is inconsistent with the FLUM's (Future Land Use Map) designation of Light Industrial. o The applicant's proposal is an opportunity to supplement the housing stock in the Port/Airport/Violet area. The Corpus Christi International Airport AICUZ (Air Installations Compatibility Use Zones) study established accident potential zones that have pushed residential developments to the periphery of the area; as also guided by the ADP. Some residential districts in the Port/Airport/Violet area are within these accident potential zones. o The proposed development abuts two residential uses; the Hudson Acres subdivision to the east and the Tuloso Circle Mobile Home Park to the west. Staff noted that the zoning district between the two is "IL" Light Industrial District. o The UDC (Unified Development Code) requires a minimum site area of 5 acres for a manufactured home park with a maximum density of 12 units per gross acres. The applicant is proposing 600 pads for a tract that is 102.64 acres in size. o The requested amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the area. o The Hudson Acres Subdivision to the east of the subject property was established 1931 , 31 years prior the annexation of the area in 1962. The area development plan, adopted in 1995, designated the subdivision as a neighborhood in transition in 1995; however, it has remained intact to date. The Mobile Home Park to the west of the subject parcel, although non-conforming, has been in existence since 1970. The requested amendment will ensure a more compatible use in proximity to these subdivisions; limiting any possibility of an industrial development between the two. o Staff does not foresee the requested amendment having a negative impact upon the surrounding neighborhood. o Developmental impact on the existing infrastructure are assessed during the subdivision process, and while the Technical Review Committee will make the necessary recommendation, the applicant has already initiated contact with several agencies within the Technical Review Committee to match the infrastructure capacity to the proposed development. There is an A2 class arterial (Tuloso Road) proposed through the site; that travels north-to-south. o The "RS-6" Single-Family 6 District requires a minimum lot area of 6,000 square feet. The proposed development assigns a gross 7,280 square feet per unit without taking into consideration the support spaces. Planning Commission and Staff Recommendation (November 29, 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 recommended approval of the change of zoning from the "FR" Farm Rural District and "IL" Light Industrial District to the "R-MH" Manufactured Home District. Attachment: (A) Existing Zoning and Notice Area map, (B) Metes & Bounds Description. Attachment A: Existing Zoning and Notice Area 4 [fes 'Tal_ 41 '1= 20 i �d 80 ,, .,,PROPERTY,, ,, , ,� = b1� �i 77 CASE. 1123-02 Zoning and notice Area uulnm il':+ It .'Cn tlr tlu ctlal Fe/: Mulnbml, iH Nen 'llai 9M� Muln4ni l'• PUC- Rani;ntl Lnit=n =nr1a• _ FTn be My�a10111onAinpibkam ii,lij �y-uI Muitl4 mry..f pg.d pin plt•Famll,d pbbam and ra al P®-a.i Ain yin-Fam 11•;16 -� IelpA�o•noon= m al Pg 7F 7 a.1 Rnmr4=ammn veel m'� pg.1i Alnpr,Famli,16 Pamrt-[rn m an al PF R,uu la E,.in 45 - Cb nen = m 1,n:al pa iry 1 Ir� _ Cln,,, ial go 1p"Ial fi•m It Ra Pre rnato�anenlplr yam !�k'f- .n ,t i ���nmrnrc al Tanti� SIN Man ii tl 4a mn I+n J n.•o al ,..W. Fp 1"F x lr ew ai n Para _ PROPERTY saw rcavy Lam?1 0 4 •..n:.e^r,.w rtleyrc a.rr.= (7 1L'-Of EF,ri,HE G, }C r i,u 0 CAME wlidAP Attachment B: Metes & Bounds Description MURRAY Bess,JR,P.E.,R.P.L.S. 3054 S.AieMEnA,zip 78404 NixoNM.WELSH,P.E.,R.P.L.S. 361-882-5521--EAx361-882-1265 —bass-welsh.— e-mail:=nayjr@aol.com e-mail:nixmwl(a@email.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 October 17,2023 Field Note Description Being a tract situated in Corpus Christi, Nueces County,Texas over and across portions of Lots 23,24, 27 and 28 of the H.B.Sheppard Farm Lots subdivision a map of which is recorded in Volume A,Page 51, of the Map Records of Nueces County,Texas. BEGINNING at a point in the West boundary of Lot 30, Block 2,Hudson Acres subdivision as shown on the map thereof recorded in Volume 13,Pages 44 and 45 of the Map Records of Nueces County,Texas, said point being the Northeast corner of a 15 acre tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 1669 at Page 388 of the Deed Records of Nueces County,Texas,for the Southeast corner of this tract, THENCE 889058'30"W a distance of 708.46 feet to a point for the most Southerly Southwest corner of this tract,said point being in the West boundary of that tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 1,366 at Page 612 of the Deed Records of Nueces County,Texas,and the Northwest corner of the aforementioned 15 acre tract, THENCE North 1,273.70 feet to a point for an interior corner of this tract, said point being the Northeast corner of a 60.59 acre tract described in the deed to Gulf-Hudson/Patsy A. Brooks recorded in Volume 2041 at Page 1027 of the Deed Records of Nueces County,Texas, THENCE West a distance of 1,162.00 feet to a point on the center line of a public road known as Stillwell Lane, THENCE North 1709.70 feet on the centerline of Stillwell Lane a distance of 1709.70 feet to a point for a corner of this tract, THENCE East a distance of 280.00 feet to a point for the corner of this tract; THENCE South a distance of 828.00 feet to a point for an interior corner of this tract, THENCE East a distance of 200.00 feet to a point for an interior corner of this tract, THENCE North a distance of 528.00 feet to a point for an interior corner of this tract, THENCE East a distance of 818.00 feet to a point for an interior corner of this tract, THENCE North a distance of 300.00 feet to a point for an interior corner of this tract, THENCE West a distance of 100.00 feet to a point for the Southerly Northwest corner of this tract, Page 1 of 2 THENCE North a distance of 1,317.30 feet to a point on the South right-of-way line of Stillwell Lane for the most Northerly Northwest corner of this tract; THENCE East along the South right-of-way line of Stillwell Lane a distance of 689.97 feet to a point of the Northeast corner of this tract,said point being on the North corner of the heretofore referenced Hudson Acres subdivision; THENCE SO°14'00"W along the West boundary of Hudson Acres a distance of 2,643.91 feet to a point in the West boundary of Lot 43 Block 1 for an interior corner of this tract said point being the Northeast corner of that 3 25 acres tract described in the deed to the City of Corpus Christi recorded in Volume 1427,at Page 11 7 of the Deed Records of Nueces County,Texas, THENCE S89'46'00"E along the North line of the here therefore referenced 3.25 acre tract a distance of 372.55 feet to an interior corner of this tract; THENCE SO°14'00"W a distance of 380.00 feet to a point for the Southwest corner of the 3.25 acres to an interior corner of this tract; THENCE S89"46'0717 a distance of 372.55 feet to the Southeast corner of the 3 25 acres said point lying in the West boundary of Hudson Acres subdivision and being the Southwest corner of Lot 6 Block 2, Hudson Acres, THENCE SO'14'00"W along the West boundary of Hudson Acres a distance of 1,276.51 feet to the POINT OF BEGINNING forming a tract of 4,471,101 square feet(102 64 acres)_ OF V RRAY 3A55,JR. 9 92FES51pyO M ray Bass,6r., R.P L.Sff. Note:Basis of Bearing is State of Texas Lambert Grid,South Grid, NAD 1983. This description has been prepared from the documents of record with the County Clerk of Nueces County referenced herein and on the drawing of this tract MBJ:emg 11077-H BSheppardFarm.doc Page 2 of 2 ... ....... ...... svxaL'usiumo sndHOO S101 MHV;J (IdVdd3HS VH E)NINOZ3U 03SOdOdd 9c jo gs WIN 4, -T-7-T-' LTr CD,L�l Q � r 4 Zoning Case 1123-02 ago Gulf-Hudson/Patsy A. Brooks _ �.. aR District 1 Rezoning for a property at or near w 8159 Stillwell Lane From the "FR" Farm Rural and "IL" Light Industrial Districts To the "R-MH" Manufactured Home District Asx ' SUBJECT � � PROPERTY s 4{ - � � SfEi.IECT _ PRdPERN rA�`��1 Em,HERE t cf, tocnnoru nrnP - C-11 City Council January 9, 2024 Zoning and land Use Proposed Use: G To allow for a Manufactured Home Park development. IL .2 eagJ GG-2 IL ,L. Area Development Plan (ADP): o ,L Port/Airport/Violet ADP (Adopted on February 28, 1995) Future Land Use Map: IL Light Industrial IL .L SUBJECT Y Existing Zoning: DISANNEXED 3 PROPERTY NOV-17-2018 _ IL -L "FR" Farm Rural District and "IL" Light Industrial Adjacent Land Uses: IL • North: Vacant, Commercial (Zoned "CG-2") IL N . South:Agricultural, Vacant (Zoned "FR") • East: Commercial, Low-Density Residential, Park, FR FR IL Public/Semi-Public (Zoned "CG-2", "RS-6", and "CN-1") • West: Mobile Home Park, Vacant, "OCL" Outside City Limit,Agricultural (Zoned "IL", "OCL", and "FR") Public Notification 6 gfi' ....8. 1 64R� 100 Notices mailed inside the 200-foot buffer �R 33 49 92' 2 1 Notices mailed outside the 200-foot buffer q68 � 91 12 19 Notification Area 82 19 95 22 83 80 27 29 31 SUBJECT Opposed: 0 (0%) PROPERTY o.a Separate Opposed Owners (0) 952431 81 79 4 4 4899 0,2 a 55] 58 59 In Favor: 0 (0.00%) 7319 66LE N 657 0,2 77 "Notified property owner's land in SQF/Totalsquare footage I of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation o The proposed rezoning is consistent with many elements and goals of Plan CC; however, it is inconsistent with the FLUM's designation of Light Industrial. o The applicant's proposal is an opportunity to supplement the housing stock in the Port/Airport/Violet area. The Corpus Christi International Airport AICUZ (Air Installations Compatibility Use Zones) study established accident potential zones that have pushed residential developments to the periphery of the area; as also guided by the ADP. Some residential districts in the Port/Airport/Violet area are within these accident potential zones. o The proposed development abuts two residential uses; the Hudson Acres subdivision to the east and the Tuloso Circle Mobile Home Park to the west. Staff noted that the zoning district between the two is "IL" Light Industrial District. o The UDC (Unified Development Code) requires a minimum site area of 5 acres for a Manufactured Home Park with a maximum density of 12 units per gross acres. The applicant is proposing 600 pads for a tract that is 102.64 acres in size. o The requested amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the area. Staff does not foresee the requested amendment having a negative impact upon the surrounding neighborhood. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL SC 00 a� �h AGENDA MEMORANDUM NCORPOR 1�'0 First Reading for the City Council Meeting of January 9, 2024 zss2 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for paving improvements; transferring and appropriating funds for a participation agreement. CAPTION: Ordinance authorizing a Developer Participation Agreement with MPM Development, L.P. to reimburse the developer an amount not to exceed $1,118,463.05 for the construction of a section of Oso Parkway related to the Oso Creek Corner subdivision located off Yorktown Boulevard and southeast of Starry Road; and amending the operating budget by transferring $896,527.00 from the Public Works — Streets Fund (No. 1041) and $221 ,936.05 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 5) SUMMARY: MPM Development is developing a new residential and commercial subdivision which requires construction of pavement improvements. The City has requested that the Developer construct Oso Parkway to Parkway Collector standards, and the developer has agreed to enter into a developer participation agreement for the requested oversizing of Oso Parkway inside of the proposed development. The total cost to construct Oso Parkway at the requested standard is $2,350,124.00, of which the City will fund $1 ,118,463.05; which is the difference between the Parkway Collector construction cost and the C1 collector street construction cost; details of the cost estimate are included in the agreement as Exhibit 3. BACKGROUND AND FINDINGS: The City has requested the developer to oversize Oso Parkway from a C1 Collector (60' right of way) to a P1 Parkway Collector (80' right of way) to accommodate anticipated future traffic flows. Developers' cost to construct the C1 Collector was estimated to be $1 ,436,347.00; developers' cost to construct the P1 Parkway was estimated to be $2,350,124.00. The City and developer have agreed to enter into a Development Participation Agreement to fund the difference between the P1 and C1 Cost Estimates. Thus, the city will contribute $913,777.00 for the construction with $63,964.39 in contingency (7%), $118,791 .01 in engineering (13%), and $21 ,930.65 in bond cost (2%); for a total not to exceed the amount of $1 ,118,463.05. The Developer, MPM Development, L.P., has requested and will be eligible for reimbursement through a developer participation agreement for the paving improvements at Oso Creek Corner for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to utilizing Developer Participation funds to construct the required stormwater infrastructure improvements would be to construct the improvements under a city-initiated CIP project. This option would most likely delay the development of the property until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned residential subdivision in a timely manner. FINANCIAL IMPACT: This project will oversize the ROW infrastructure of the development of the planned subdivision named Oso Creek Corner. This request is a one-time cost associated with the development of the project. Funding Detail: Fund: Development Services Fund (No. 4670) Department: Development Services (No. 56) Organization: Land Development (No. 11200) Project: Oso Creek Corner Streets Participation Account: Construction (No. 550910) Amount: $1 ,118,463.05 RECOMMENDATION: The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings. The pavement will be an improvement and provide a greater overall construction of the development. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Location Map Ordinance authorizing a Developer Participation Agreement with MPM Development, L.P. to reimburse the developer an amount not to exceed $1,118,463.05 for the construction of a section of Oso Parkway related to the Oso Creek Corner subdivision located off Yorktown Boulevard and southeast of Starry Road; and amending the operating budget by transferring $896,527.00 from the Public Works — Streets Fund (No. 1041) and $221,936.05 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 5) WHEREAS, the participation contract complies with Texas Local Government Code Chapter 212, Subchapter C Developer Participation in Contract for Public Improvements (§212.071 — 212.074) and Unified Development Code §8.4.1 . BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a developer participation agreement ("Agreement") with MPM Development ("Developer'), for the City's cost, not to exceed $1,118,463.05, to construct the requested paving improvements including all related appurtenances for development of Oso Creek Corner, Corpus Christi, Nueces County, Texas. SECTION 2. The fiscal year 2023 — 2024 operating budget approved by ordinance 033151 is amended by transferring $896,527.00 from the Public Works — Streets Fund (No. 1041) and $221,936.05 from the Public Works—Storm Water Fund (No. 4300)to the Development Services Fund (No. 4670) increasing revenues and expenditures. SECTION 3. $1,118,463.05 is appropriated in the No. 4670 Development Services Fund to fund the participation agreement with MPM Development for the construction of the requested paving improvements associated with Oso Creek Corner. INTRODUCED AND VOTED on the day of ' 2024. PASSED AND APPROVED on the day of , 2024. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 1 of 2 Page 2 of 2 PARTICIPATION AGREEMENT For Oversizing Streets and Drainage Crossings Per UDC §8.4 This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and MPM Development, L.P., ("Developer"), a Texas limited partnership. WHEREAS, the Developer, 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, to wit approximately 103.015 acres known as Oso Creek Corner Subdivision located in Flour Bluff and Encinal Farm and Garden Tracts as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, as a condition of the Plat, the Developer is required to expand, extend, and construct Streets and/or Drainage Crossings (the "Public Improvements") as depicted on and in accordance with the improvement requirements set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, UDC 8.2.1(5) provides: where the required street improvements are encompassed entirely within the proposed development, the developer will be considered responsible for the entire width of street improvements, up to and including that of a residential collector; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development where the contract establishes the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price and at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi NOW, THEREFORE, the Parties hereto severally and collectively agree to and, by the execution hereof, are bound by the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described.: Section 1. RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. The Developer must complete the Public Improvements within 24 calendar months from the date this document is executed by the City. Time is of the essence in the performance of this contract. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 1 of 10 Section 3. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Public Improvements for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Public Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the costs of construction of the Public Improvements. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Public Improvements, designated as the total amount reimbursable by the City on the Cost Estimate. Section 4. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Public Improvements shall not exceed $1,118,463.05. Section 5. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Public Improvements monthly, based on the percentage of construction completed less the Developer's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Such reimbursement will be made payable to the Developer at the address shown in Section 6 of this Agreement. Prior to reimbursement, Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. Section 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer: MPM Development, L.P. P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 2 of 10 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. Section 7. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer licensed in the State of Texas to prepare plans and specifications for the Public Improvements. The plan must be in compliance with the City's UDC, Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. b. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. Section 8. EASEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer shall acquire and dedicate to the City the required additional public right of way easements ("Easements"), if any, necessary for the completion of the Public Improvements. If any of the property needed for the Easements is owned by a third party and the Developer is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be completely responsible for cost of acquisition. Section 9. PERFORMANCE BOND. Developer shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the project cost is in excess of$100,000 and a payment bond if the project cost is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The amount of the performance and payment bonds shall be the full cost of the Public Improvements. The performance and/or payment bond must name the City as an obligee. If the Developer is not an obligor, then Developer shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. Section 10. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Development Services Department. 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. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 3 of 10 Section 11. CONSTRUCTION CONTRACT DOCUMENTS. Developer shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Public Improvements. Section 12. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Public Improvements or promptly notify the Developer of any defect, deficiency, or other non- approved condition in the progress of the Public Improvements. Section 13. WARRANTY. The Developer shall fully warranty the workmanship and construction of the Public Improvements for a period of two years from and after the date of acceptance of the improvements by the Executive Director of Public Works. Section 14. INDEMNIFICATION. Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") from, and against, any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, fines, and judgments recovered from or asserted against Indemnitees on account of injury or damage to person [including without limitation on the foregoing, workers compensation and death claims], or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the construction, existence, use, operation, maintenance, alteration, repair, or removal of any Public Improvements installed by or on behalf of the Developer including the injury, loss or damage caused by the contributory or concurrent negligence of the indemnitees or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 4 of 10 include but shall not be limited to the fees charged by attorneys, environmental consultants, engineers, surveyors, and expert witnesses. (b) any costs incurred attributable to the breach of any warranty or representation made by Developer in this agreement, or any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. Section 15. DEFAULT. The following events shall constitute default: a. Developer fails to submit plans and specifications for the Public Improvements to the Executive Director of Public Works in advance of construction. b. Developer does not reasonably pursue construction of the Public Improvements under the approved plans and specifications. c. Developer fails to complete construction of the Public Improvements, under the approved plans and specifications, on or before the time specified in Section 2 of this agreement. d. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 16. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non- defaulting party may pursue its remedies in this section. d. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 6, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 5 of 10 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. 4. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 17. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 18. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Public Improvements, contracts for testing services, and contracts with the contractor for the construction of the Public Improvements must provide that the City as a third-party beneficiary of each contract. Section 19. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code of Ordinance Sec. 2-349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 20. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 6 of 10 b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form 1 295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.html. Section 21. CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict-disclosure/index Section 22. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 24. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 26. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 27. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 7 of 10 Section 28. 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. Section 29. WAIVER OF TRIAL BY JURY. City and Developer agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 30. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 31 . NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 32. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 8 of 10 DEVELOPER: MPM Development, L.P. By: Moses Mostaghasi, General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, for MPM Development, L.P., a Texas limited partnership, on behalf of said company. Notary Public's Signature Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 9 of 10 EXECUTED IN ONE ORIGINAL this day of 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Senior Assistant City Attorney For City Attorney Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 10 of 10 CMLENGINEERsuWDSUI PRELIMINARY PLAT OF L� QUIDDITY Exhibit 1 OSO ECREEK CORNER PHASE I A ANDAM3.015ACRETRACT OF 10,1BEING AUL OF LOTS 8,FUOUR0. a``e"§' .:..;",`o r:s5a :no�,<,;-m®m ANOAPORTIONOF UOTS FARM A,13,AND IS SERIONN FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,IN VOLUME s a`" ^a f 'a.Q mxTACT:nwamobe�piPRRLs °e PAGE541-03,MAPRECOROS ARJECESCOUNIY,TEXAS, CORP US CHRIST,IE%!5 DATE OF PRINM:My 14,3033 sire � 3° LOCATION M0A0P — °A SLELOT 2 -- - LOT1 zBI�AC �E 19.93BAC ],I3S,Bfi25F SGILM SIF \ SCALE.: 500 ssEWER P,GAGME,WALE, a.«+— Em ELE1111 m as vs EW STING GAS c E va �o —� 1 Doc.Na 2..zc-fscn.o.x. use uiEaosrzmmEom uEmAs mxrAnxEuunox us[ x;;umsT M%AREA�PCW oxAhssxuvx HERmxm sE cow Z " s.mERUM oIxATE srsrtMIRID mum zoxElxAP•oLAE los cH�soaN` DEPERM sm o P"MMm n;Lasu Rmmo INERAI un RE wlm x;sows IEEP o¢ssxs.mEuxrtofuxuxrauaREfnExsisu.s.mRvn (7 Zonin Table HER..ARExnvo®onnM,As umERMw Ex Z .aa.� ,..a�. 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Z U ,o Eure o a,Z W W "refire O O IIINmre I acre an o U u5 H D Lu Z W /NNa ssoo r oa o<� re QLu S m Z U _RE—TEs TOR Ta—S oaE NOT NIL-1 p z O U N T11 ore p U 0 OCCNRS ON o aRENONn,111111 s<N 1-,aE 1111Mo.oIDEa aT—TE=,a,�NTNES,�< u) W O Q u) w V RELEASED FOR CONSTRUCTION f SHEET S of 14 e,cwgcae —R oRawNC Na city mco�p�u n anm. GiY PRTJES CONSULiANYS"Eu NO. LEGEND: f.�LL.....ao�ar�.i .._. OSO PKWY(FROM YORKTOWN BLVD TO STA 24+69) OSO PKWY(FROM STA 24+69 TO MAPACHE PASS) ROW ROW R w Qs 444 4 ❑ II IIII X80.0'Row 60 0"•POW U MAPACHE PASS OR m LOS CHICOS DRIVE III d Q.s E a -J4 U) 60.0'ROW � P£60.0'ROW � U) Z O U W W U) OSITO WAY(FROM YORKTOWN BLVD TO LOS CHICOS DRIVE) OSITO WAY(FROM LOS CHICOS DRIVE TO MAPACHE PASS) Z (n [ifZ O O O O U u5 Ir 1 c LU U 0 ro o ,u. .. , LL 0 5 LLI 0 W ,J2L,° ,°1LI ,a.° r.�LJL�v 0 m W U � O ~ U U so.0' ow so.o w J w O Q U d RELEASED FOR CONSTRUCTION f SHEET 6 Of 74 E,crM crx —RD Oeauvrm0 ma city mco�p�u nim. GiY PROJECT�' --pe,"EE]N0. 'tom of i 0 S;,,......138b04 �e k/ EK � i ,41 � �--7,2oYm g� Y'a Y - s wunE�- xxixos § y 'o Duan uo„s - 6„ 1 w = a �o 0 c , cw � a > �,n PEn .reEMEx. rI c) recxnn�nre�a.P� recxnn�nre�w.Pere a- fI � �_.I p,m e oo� scxoo�auws I¢ LEGEND Aa. E �wExi wv eww [noaasm �,s�E L`OT 1 i IT ao,,a ac n m r� s C ry a c LOT 7 ITE w xreE N, '­"- -11— a ,R�c,Eo e�o,n renin rere�w<. PE a 1oareren<.. w ,wYRouEo oR u<wa.—NS al o,nERs. w I '=cau.n ry aoaowav E�[vurv,�ss"' [cALBI _ _ *ov ar cures o*ncrewisc svccr[o. wo a PELN iOf EL owxr ELn iO Al oso Z� — ESB PBM/j„ ^NET ROADWAY QUANTITIES i Ty J TOTAL IROADWAYGUT 18,000 QY w z — ss ------ ---- — r _ a U >v FI LOT 8 TOTAL ROADWAY FILL &50 0 W z Q - UTILITY SPOILS 20,100 ---- --- sTocKPILePIu_ so,aso c Y> O LL 5 Lu pLuDo z < all z o u) 0 RELEASED FOR CONSTRUCTION f SHEET 10 0l 74 A. e,crM crx � RcoR oaawmc ma city mco�pxu GiY PRTJEC F '+ CONSULiANYS SNCE]N0. o,�,»:�, f'q,ur�eosvoarNs o. r � �oP � S ocre�oc scuc ry EEEi `p' i LI(N 91x LEGEND TTodcM s aT /� LOT 8 N.. �— c --yo � w�U=„re�o„Eo r; � _ v --- — �'�- , aw �� RIVE m --- S --- �-- � Q --i60'Ti G �� k i 0 cros 1io.sEcliary Ea 2,111 111E Q, I DE C rere.re ooh�`"�re �� T\ r t NOIE aaaeouEo oemEwar NS arws e�meEeTE s. E — =oP or cUrea UNLES, E`rew�EE�EaE�Eo. 63 —E MIT 1 Q Noire,..'114 , FrSTIACL.111 OADWAY QUANTITIES` ITY !Cy J W ROADWAY CUT 18,000ZQ K ADWZO AV FILL 7650OOW Of Y SPOILS 20100 — U >UE FILL 30450 � — O W `1 W 0 O O Lu m Z O U < U U O RELEASED FOR CONSTRUCTION f E,crM crx � arcorer oeauNmc ma city mco�p�u nim. GiY PROJECT�' CONSULiANYS SNCEi N0. F Pquri ,.... 0 a waa Y s Korzoza "v /{ co iw s FpA`S�� a s m _ c—, MAPA�HE PA55 �_ ¢ P E E Exw o —W)-- -- It $ _ J LEGEND \v 1 \ _ _ _ —,c - .o..o.wr —tOfi� o�a �a`a.s oN . T Tp R o.R o j c %=LOT 1 - i FI o w� mNET ROADWAY QUANTITIES a. m QUANTITY CV W J TOTAL ROADWAY CUT 18,000 z J �� pig -` TOTAL ROAD WAY FILL 7,650 [If0 d' ACHE PASS r I UTILffV SPOILS 20,100 0 — Lu�^ _� STOCKPILE FILL 30,450 N W 0 LL 0 Lu DoU <: U om=rex=ze -- LOT 12- p a�R �o °sem W rro��<. lL RELEASED FOR CONSTRUCTION f a'�—_' SHEEi 12 0l 14 e,crM crx � etas oaawmc ma city mco�p�u nim. GiY PROJEC� .:" CONSULiANYS SNCEi N0. L ' 3 i �_ _- LOT 72 o Rs� _ J� 4iseaoa �5 e Nvllsc Fs _ � — c �ioN�s to re.rv.c.t. vis s � " �•.• „a 10 imp Im 2E o P E -- 1 — -- I LEGEND Xa _ LOT 9 I r �x s U I— _ M i zeEes r m rnoroeea mxroun a _ r cures u—ss o,ncremsc u. 0 1 UI — m j :o�aaj:aA o�`o�eiP�wn21 ....o..e...A..R..u..00 .u.,.e.. i— u.axa®o A p L o QUANTRY WAY QUANT a, RIES zJ J TOTAL ROADWAY CUT 16,000 z Q TOTAL ROADWAY FILL 7,650� 0 0 W� �.. UTILRYSPOILS 20,100 0 0 0 L F z ----- — m STOCKPILE FILL 30,450 L Y— 0 LL — � W 0 O s,o SCO Z_v i U) s sm w FOR UCTION RELEASED CONS TR ____„ �� .' �. \` � '� � � •, f wnvmmmyre crM crM SHEET 13 0l ]4 ,.e \ �� ° RECORD RRPWINC NO ttveo nt9eMms r /r CMmC ryuarCnnatE i i� emen i i i I w ewn ur o _ _ � GiY PRWECI A Exhibit 3 -Cost Estimates PROJECT Oso Creek Yorktown Delevo ment $ 45,204.00 CITY Cor us Christi, TX JOB NUMBER: 68918101 ACRES: $ 7,877.00 ITEM DESCRIPTION - PARKWAY UNIT QUANTITY UNIT PRICE TOTAL PRICE 6.5" CONCRETE PAVEMENT- PCCP SY 12,705 85.00 $1,079,925.00 8" SUBGRADE PREPARATION SY 13,933 2.00 $27,866.00 ROADWAY EXCAVATION CY 1,639 36.00 $59,004.00 ROADWAY FILL CY 6,183 42.00 $259,686.00 LIME FOR SUBGRADE STABILIZATION SY 139331—$ 26.00 $362,258.00 CEMENT FOR SUBGRADE STABILIZATION SY 13933 20.00 $278,660.00 CONCRETE CURB &GUTTER LF 5,305 13.00 $68,965.00 8' CONCRETE SIDEWALK LF 2,420 78.00 $188,760.00 PAVEMENT STRIPING LS 1 25 000.00 $25,000.00 $ 2,350,124.00 ITEM DESCRIPTION - RESIDENTIAL UNIT QUANTITY UNIT PRICE TOTAL PRICE 6" PCCP PAVEMENT SY 8,266 74.00 $611,684.00 8" SUBGRADE PREPARATION SY 9,473 2.00 $18,946.00 ROADWAY EXCAVATION CY 1,260 36.00 $45,360.00 ROADWAY FILL CY 3,897 42.00 $163,674.00 LIME FOR SUBGRADE STABILIZATION SY 9473 26.00 $246,298.00 CEMENT FOR SUBGRADE STABILIZATION SY 9473 20.00 $189,460.00 CONCRETE CURB &GUTTER LF 5,305 13.00 $68,965.00 5' CONCRETE SIDEWALK LF 2,420..$ 38.00 $91,960.00 $ 1,436,347.00 DIFFERENCE $ 913,777.00 CONTINGENCY 7% 63 964.39 ENGINEEREING (13%) $ 118,791.01 TOTAL $ 1,096,532.40 BOND 2% $ 21,930.65 Exhibit 4 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall 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 shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence /aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard(if applicable) 10. Environmental if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 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 (361) 826-4555- Fax# 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, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • 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 thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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 stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 i Exhibit 5 CiU,of Corpus Christi,Texan # DLpartmcnt of Developtnent Scniccs ��Lyf P.O.Box 9'271 .7 Corpus Christi,Texas 73469-9277 COTP1 S a(361)X26-3240: 06Le ii.7 Located at:2406 Leopard Street IllNow M C h n'St1 wow '1 `Conten of].caparci St.and Scor Ave.) 4tM DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA"_ NAME: MPM DEVELOPMENT, LP STREET; P.O. BOX 331308 CITY: CORPUS CHRISTI 2JP: 78463 FIRM is: []Corporation A Partnership [ISole Owner ❑Association FE-1 Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3%u or more of the ownership in the above named"firm". Name .lob Title and City Department(if known) N/A N/A 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm", Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission,or Committee Mossa Mostaghasi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas as changes occur. L� c Certifying Person: MOSVA MOSTAV��-±±HASI Title: GENERAL_ PARNTER (Print) Signature of Certifying Person: Date: 8-18-23 14'Df:Vt7LOPlIEA9"SVCS1SH.gRFD'+L4ND DEVGLOPMENT,0RDINA\Ci AD\R!EISIRATfOK.APPI,IC AT10T FORSiS?FORMS AS PER LEGAL120171171SCLOSURE OF IN]ERESTS STAMIEVTi.27.12.DM Participation Agreement for City Requested Paving Improvements Ordinance authorizing a Developer Participation Agreement with MPM Development, L.P. to reimburse the developer an amount not to exceed $1,118,463.05 for the construction of a section of Oso Parkway related to the Oso Creek Corner subdivision located off Yorktown Boulevard and southeast of Starry Road; and amending the operating budget by transferring $896,527.00 from the Public Works — Streets Fund (No. 1041) and $221,936.05 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 5) City Council January 9, 2024 Location Map Denotes future N Oso Parkway 4. am Am AM AM Am AW AW Am AM u,r °sof oq A Project Details (Cl) COLLLCTO► w Required TO P1 PARKWAY COLLECTOR City ParticiLm oil pation a Total Cost Estimate D.PAVING IMPROVEMENTS ITEM DESCRIPTION-PARKWAY COLLECTOR UNIT QUANTITY UNITPRICE TOTAL PRICE 6.5"CONCRETE PAVEMENT-PCCP SY 12,705$85.00 $1,079,925.00 8"SUBGRADE PREPARATION SY 13,933$2.00 $27,866.00 ROADWAY EXCAVATION CY 1,639$36.00 $59,004.00 ROADWAY FILL CY 6,183$42.00 $259,686.00 LIME FOR SUBGRADE STABILIZATION SY 13933$26.00 $362,258.00 CEMENT FOR SUBGRADE STABILIZATION SY 13933$20.00 $278,660.00 CONCRETE CURB&GUTTER LF5,305$13.00 $68,965.00 8'CONCRETE SIDEWALK LF 2,420$78.00 $188,760.00 PAVEMENT STRIPING LS 1$25,000.00 $25,000.00 $2,350,124.00 ITEM DESCRIPTION-RESIDENTIAL STREET UNIT QUANTITY UNITPRICE TOTAL PRICE 6"PCCP PAVEMENT SY 8,266$74.00 $611,684.00 8"SUBGRADE PREPARATION SY 9,473$2.00 $18,946.00 ROADWAY EXCAVATION CY 1,260$36.00 $45,360.00 ROADWAY FILL CY 3,897$42.00 $163,674.00 LIME FOR SUBGRADE STABILIZATION SY 9473$26.00 $246,298.00 CEMENT FOR SUBGRADE STABILIZATION SY 9473$20.00 $189,460.00 CONCRETE CURB&GUTTER LF 5,305$13.00 $68,965.00 5'CONCRETE SIDEWALK LF 2,420$38.00 $91,960.00 $1,436,347.00 DIFFERENCE$ 913,777.00 CONTINGENCY(7%)$ 63,964.39 ENGINEEREING(13%)$ 118,791.01 TOTAL$ 1,096,532.40 BOND(291)$ 21,930.65 GRAND TOTAL$ 1,118,463.05 4 Recommendation Approval Staff recommends approval of the developer participation agreement with MPM Development, L.P. to reimburse the developer up to $1,118,463.05 for the City's share of the cost to oversize the construct of Oso Parkway. The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. SC 00 a� �h AGENDA MEMORANDUM NCORPOR 1�'0 First Reading for the City Council Meeting of January 9, 2024 zss2 Second Reading for the City Council Meeting of January 23, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director of Development Services alraymond(a)cctexas.com (361) 826-3575 Approval of a Developer Participation Agreement for oversizing stormwater infrastructure, transferring and appropriating funds for participation agreement. CAPTION: Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, Ltd. to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 4B subdivision located at the intersection of Lands Drive and Martin Street; and amending the operating budget by transferring and appropriating $209,485.00 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 3) SUMMARY: Braselton Development Company, Ltd. is developing a new residential subdivision that requires construction of stormwater infrastructure improvements. The City has requested that the developer construct a master planned stormwater drainage infrastructure that will service the surrounding region as well as the Saratoga Downs development. The developer has agreed to enter into a developer participation agreement for the construction of the City requested infrastructure. The total cost of the infrastructure improvements required for only Saratoga Downs Unit 4B is estimated at $160,815.00 and the cost of the requested master planned infrastructure is estimated at $370,300.00, the difference will be funded through this developer participation agreement with a not to exceed value of $209,485.00. BACKGROUND AND FINDINGS: The City has requested the developer to construct drainage infrastructure that will service regional developments. It is in the best interest of the City to have the developer construct the requested drainage improvements due to future development in the area. Currently, there is no drainage ditch in the area and this master planned drainage ditch will provide regional stormwater runoff collections. The City and developer have agreed to enter into a Developer Participation Agreement to fund the difference between the development- specific drainage improvements and the requested regional drainage improvements, thus, the city will contribute $209,485.00 for the construction. The Developer, Braselton Development Company, Ltd., has requested and will be eligible for reimbursement through a developer participation agreement for the stormwater infrastructure improvements at Saratoga Downs 4B for the construction cost per UDC Section 8.4. ALTERNATIVES: An alternative to utilizing a developer participation agreement to construct the required stormwater infrastructure improvements would be to construct the improvements under a city-initiated CIP project. This option would most likely delay the development of the property until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out the planned residential subdivision in a timely manner. FINANCIAL IMPACT: This project will provide regional stormwater management and carries a one-time cost associated with the development of the project. Funding Detail: Fund: Development Services Fund (No. 4670) Department: Development Services (No. 56) Organization: Land Development (No. 11200) Project: Saratoga Downs Unit 4B Participation Account: Construction (No. 550910) Amount: $209,485.00 RECOMMENDATION: The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Crossings. The oversizing stormwater infrastructure will be an improvement and provide an overall greater capacity. Staff recommends approval. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibits) Agreement (with exhibits) Presentation Location Map Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, Ltd. to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 4B subdivision located at the intersection of Lands Drive and Martin Street; and amending the operating budget by transferring and appropriating $209,485.00 from the Public Works – Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 3) WHEREAS, the participation contract complies with Texas Local Government Code Chapter 212, Subchapter C Developer Participation in Contract for Public Improvements (§212.071 — 212.074). 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 a developer participation agreement ("Agreement") with Braselton Development Company, Ltd. ("Developer") to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 413 subdivision located at the intersection of Lands Drive and Martin Street. SECTION 2. The Fiscal Year 2023-24 operating budget is amended by transferring $209,485.00 from the Public Works – Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). SECTION 3. $209,485.00 is appropriated in the No. 4670 Development Service Fund to fund the Participation Agreement with Braselton Development Company, Ltd. for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 413 subdivision located at the intersection of Lands Drive and Martin Street. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary PARTICIPATION AGREEMENT For Oversizing Public Improvements Per UDC §8.4 This PARTICIPATION AGREEMENT ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipal corporation, acting by and through its City Manager, or designee, and Braselton Development Company, Ltd ("Developer"), a Texas limited partnership. WHEREAS, the Developer, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on April 20, 2022 to develop a tract of land, to wit approximately 19.70 acres known as Saratoga Downs, Unit 4B as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, as a condition of the Plat, the Developer is required to expand, extend, and construct Stormwater Infrastruture (the "Public Improvements") as depicted on and in accordance with the improvement requirements set forth in Exhibit 2, which exhibit is attached to and incorporated in this Agreement by reference; WHEREAS, it is in the best interests of the City to have the public infrastructure installed by the Developer in conjunction with the Owner's final Plat; WHEREAS, Section 212.071 of the Texas Local Government Code authorizes a municipality to make a contract with a developer of a subdivision or land in the municipality to construct public improvements related to the development where the contract establishes the limit of participation by the municipality at a level not to exceed 30 percent of the total contract price and at a level not to exceed 100 percent of the total cost for any oversizing of improvements required by the municipality, including but not limited to increased capacity of improvements to anticipate other future development in the area; and WHEREAS, this Agreement is made pursuant to Section 212.071 & 212.072 of the Texas Local Government Code and Article 8, Section 8.4.1, of the Unified Development Code of the City of Corpus Christi NOW, THEREFORE, the Parties hereto severally and collectively agree to and, by the execution hereof, are bound by the mutual obligations herein contained and to the performance and accomplishment of the tasks hereinafter described.: Section 1 . RECITALS. The parties agree that the language contained in the preamble of this Agreement is substantive in nature, is incorporated into this Agreement by reference, and has been relied on by both parties in entering into and executing this Agreement. Section 2. TERM. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 1 of 11 This Agreement becomes effective, is binding upon, and inures to the benefit of the City and the Developer from and after the date of the last signatory to this Agreement. The Developer must complete the Public Improvements within 24 calendar months from the date this document is executed by the City. Time is of the essence in the performance of this contract. Section 3. DEVELOPER PARTICIPATION. Subject to the terms of this Agreement, Exhibit 1, and Exhibit 2, the Developer will construct the Public Improvements for and on behalf of the City in accordance with the plans and specifications approved in advance of construction by the City Engineer on behalf of the City. The parties acknowledge and confirm the total cost estimate for construction of the Public Improvements, which estimate is attached to and incorporated in this Agreement as Exhibit 3 (the "Cost Estimate"). Subject to the limitations set forth below, the Developer shall pay a portion of the costs of construction of the Public Improvements. Further, subject to the limitations set forth below, the City shall pay the remaining portion of the costs of construction of the Public Improvements, designated as the total amount reimbursable by the City on the Cost Estimate. Section 4. CITY PARTICIPATION. Notwithstanding any other provision of this Agreement, the total amount that the City shall pay for the City's agreed share of the actual costs of the Public Improvements shall not exceed $209,485.00. Section 5. REIMBURSEMENT. The City shall reimburse the Developer a pro rata portion of the City's agreed costs of the Public Improvements monthly, based on the percentage of construction completed less the Developer's pro rata portion and contingent upon submission to the City of an invoice for the work performed. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Such reimbursement will be made payable to the Developer at the address shown in Section 6 of this Agreement. Prior to reimbursement, Developer shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. Section 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1 . If to the Developer: Braselton Development Company, Ltd. 5337 Yorktown Boulevard, Suite 10-D Corpus Christi, Texas 78401 Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 2 of 11 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. Section 7. PLANS AND SPECIFICATIONS. a. Developer shall contract with a professional engineer licensed in the State of Texas to prepare plans and specifications for the Public Improvements. The plan must be in compliance with the City's UDC, Comprehensive Plan, applicable area development and master plans, the approved Mobility Plan, and the Design Standards. b. Before the Developer starts construction, the plans and specifications must be approved by the City's Development Services Engineer. Section 8. EASEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer shall acquire and dedicate to the City the required additional public right of way easements ("Easements"), if any, necessary for the completion of the Public Improvements. If any of the property needed for the Easements is owned by a third party and the Developer is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be completely responsible for cost of acquisition. Section 9. PERFORMANCE BOND. Developer shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the project cost is in excess of $100,000 and a payment bond if the project cost is in excess of $50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 3 of 11 Government Code 2253, and all other applicable laws and regulations. The amount of the performance and payment bonds shall be the full cost of the Public Improvements. The performance and/or payment bond must name the City as an obligee. If the Developer is not an obligor, then Developer shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. Section 10. INSURANCE. Insurance requirements are as stated in Exhibit 4, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 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 Development Services Department. 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. Section 11 . CONSTRUCTION CONTRACT DOCUMENTS. Developer shall submit standard construction contract documents to the Executive Director of Public Works for review and approval in advance of beginning any construction of the Public Improvements. Section 12. INSPECTIONS. Throughout construction, the City shall conduct periodic inspections and either approve the progress of the Public Improvements or promptly notify the Developer of any defect, deficiency, or other non-approved condition in the progress of the Public Improvements. Section 13. WARRANTY. The Developer shall fully warranty the workmanship and construction of the Public Improvements for a period of two years from and after the date of acceptance of the improvements by the Executive Director of Public Works. Section 14. INDEMNIFICATION. Developer covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") from, and against, any and all claims, demands, actions, damages, losses, costs, liabilities, expenses, fines, and judgments recovered from or asserted against Indemnitees on account Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 4 of 11 of injury or damage to person [including without limitation on the foregoing, workers compensation and death claims], or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the construction, existence, use, operation, maintenance, alteration, repair, or removal of any Public Improvements installed by or on behalf of the Developer including the injury, loss or damage caused by the contributory or concurrent negligence of the indemnitees or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorney's fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by attorneys, environmental consultants, engineers, surveyors, and expert witnesses. (b) any costs incurred attributable to the breach of any warranty or representation made by Developer in this agreement, or any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. Section 15. DEFAULT. The following events shall constitute default: a. Developer fails to submit plans and specifications for the Public Improvements to the Executive Director of Public Works in advance of construction. b. Developer does not reasonably pursue construction of the Public Improvements under the approved plans and specifications. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 5 of 11 c. Developer fails to complete construction of the Public Improvements, under the approved plans and specifications, on or before the time specified in Section 2 of this agreement. d. Either the City or the Developer otherwise fails to comply with its duties or obligations under this Agreement. Section 16. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should the Developer fail to perform any obligation or duty of this Agreement, the City shall give notice to the Developer, at the address stated in section 6, of the need to perform the obligation or duty and, should the Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to the Developer. e. In the event of an uncured default by the Developer, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1 . Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; 3. Bring Suit to enforce any provision of this agreement including the obligations to repair and replace. 4. Perform any obligation or duty of the Developer under this Agreement and charge the cost of such performance to the Developer. The Developer shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer receives notice of the cost of performance. In the event the Developer pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 6 of 11 f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer has all its remedies at law or in equity for such default. Section 17. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of a public enemy; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within 10 days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. Section 18. PROJECT CONTRACTS. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Public Improvements, contracts for testing services, and contracts with the contractor for the construction of the Public Improvements must provide that the City as a third-party beneficiary of each contract. Section 19. DISCLOSURE OF INTEREST. In compliance with Corpus Christi Code of Ordinance Sec. 2-349, the Developer agrees to complete the Disclosure of Interests form attached to this Agreement and incorporated by reference as Exhibit 5. Section 20. CERTIFICATE OF INTERESTED PARTIES. Developer agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of "interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 7 of 11 (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. Section 21 . CONFLICT OF INTEREST. Developer agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city-secretary/conflict- disclosure/inde) Section 22. SEVERABILITY. The provisions of this Agreement are severable and, if any provision of this Agreement is held to be invalid for any reason by a court or agency of competent jurisdiction, the remainder of this Agreement shall not be affected and this Agreement shall be construed as if the invalid portion had never been contained herein. Section 23. COOPERATION. The Parties agree to cooperate at all times in good faith to effectuate the purposes and intent of this Agreement. Section 24. ENTIRE AGREEMENT. Except as otherwise expressly provided herein, this Agreement contains the entire agreement of the Parties regarding the sharing of costs for the Project and supersedes all prior or contemporaneous understandings or representations, whether oral or written, regarding the subject matter hereof. Section 25. AMENDMENTS. Any amendment of this Agreement must be in writing and shall be effective if signed by the authorized representatives of both Parties. Section 26. APPLICABLE LAW; VENUE. This Agreement shall be construed in accordance with Texas law. Venue for any action arising hereunder shall be in Nueces County, Texas. Section 27. INDEPENDENT CONTRACTOR. Developer covenants and agrees that it is an independent contractor, and not an officer, agent, servant or employee of City; that Developer shall have exclusive control of and exclusive right to control the details of the work performed hereunder and all persons performing same, and shall be liable for the acts and omissions of its officers, agents, employees, contractors, subcontractors and consultants; that the doctrine of respondeat superior shall not apply as between City and Developer, its officers, agents, employees, Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 8 of 11 contractors, subcontractors and consultants, and nothing herein shall be construed as creating a partnership or joint enterprise between City and Developer. Section 28. 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. Section 29. WAIVER OF TRIAL BY JURY. City and Developer agree that they have knowingly waived and do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out of or connected to this Contract, to proceed with a trial before the court, unless both parties subsequently agree otherwise in writing. Section 30. ATTORNEY FEES. In the event that any action is instituted by City to enforce or interpret any of the terms hereof, City shall be entitled to be paid all court costs and expenses, including reasonable attorneys' fees, incurred by City with respect to such action, unless as a part of such action, the court of competent jurisdiction determines that each of the material assertions made by City as a basis for such action were not made in good faith or were frivolous. In the event of an action instituted by or in the name of the Developer under this Agreement or to enforce or interpret any of the terms of this Agreement, City shall be entitled to be paid all court costs and expenses, including attorneys' fees, incurred by City in defense of such action (including with respect to City's counterclaims and cross-claims made in such action), unless as a part of such action the court determines that each of City's material defenses to such action were made in bad faith or were frivolous. Section 31 . NO WAIVER. The failure of the City to insist upon strict adherence to any term of this agreement on any occasion shall not be considered a waiver of any of the City's rights under this agreement or deprive the City of the right thereafter to insist upon strict adherence to that term or any other term of this agreement. Section 32. AUTHORITY. Each Party represents and warrants that it has the full right, power and authority to execute this Agreement. Remainder of page intentionally left blank; signature page to follow. Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 9 of 11 DEVELOPER: Braselton Development Company, Ltd, a Texas Limited Partnership By: Braselton Management Company, LLC, a Texas Limited Liability Company, its general partner. By: Fred Braselton, President, Braselton Management Company, LLC STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 2024, by Fred Braselton, for Braselton Development Company, Ltd, a Texas limited partnership, on behalf of said company. Notary Public's Signature Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 10 of 11 EXECUTED IN ONE ORIGINAL this day of ' 2024. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Participation Agreement Approved to Legal Form BB 11.10.22 Page 11 of 11 General Notes: '1 'Loy e Exhibit 1 1. T-1 platted area mnmino 19.70 Acres of Lena (Inrmree des stt Exi F%o Dedication) 2 The yard requir ant, edepicted e ena re,i t of the Unified o G ky Development Code and issubject to change os thezoning may change. P13r Of D yw ry 3 C fo =tea e�bY S 3. The receiving water far the storm water runoff from this property is the C oso eek cr .The TCEo hos not it...diee the egLttie life u e for the 0 Saratoga Downs Creek,but it ie recognized as an e won entolly sensitive area.The Coo I So z n a Creek flows directly into the Oson B., The TCEO hos classified the UI71r 4B no( 'v w o—Ll life use for the Oso Boy as e aepti.—P and "oyster waters" 'S°t sn so Q0 G h s 49 Be ontl categorized the receiving water be 'concoct recreation"use. 09 D. 19.70 Acr being a portio of let 6 Section s ° o4ej Site a r7w 4. Driveway ecces is prohibited from Lands Road to Lot 8, Block J; end BOhOm a eSCOOny Lands map Of Which 5 Late 1 throughs30,Block 5. recorded Volum A, Page 48, Map Records of kOv Ro roc in e Nueces County, Texus, soil portion of Lot 6, P �` 5. Driveway eeeess ie prohibited nom Macon street to Lot 1,Block 3;Lote Section 7, bei, a Portion of a 34.96 Acre Tract, Nueces Count Texas o r� ee 1 and 60,Block 4;ontl Lot 1,Black 5. 9 P Y• as described in a Correction Affidavit as to General City of Corpus Christi Location Ma lf.trs 6. Driveway o eXs prohibited from Annson Lb— to Lots 30 and 31, War,nty Deed from Zebo, LLC to MVR Constructio Block 4;and Lot 30,Block 5. Comp—y, recorded in Document No. 2021014902, T Driveway access a prohibited from N—Street to Lot 1,Block J. Official Pubic Records of Nueces County,Texas. P ROVEsure—.Notes AP APRIL 20 2022 PC D 1. Grid Beerin ane oistencee shown hereon a referenced to the Texas state of TIN CONDITIONALLY gs County f Nueces Coortlinote System of 1983, Texas South Zone 4205, and is hosed on the North American Datum of 1983(2011)Epoch 2010.00. Tbie final plat of t ehereb e propertrov y was apped by the Departmentevelopment of D Berv;cee of the y of C p Chris,,eTex.s. 2. 5/8 Inch Iron Rad with red plestic cep stomped"URBAN ENGR CCTX"Set of all lot corners,unless otherwise noted. State of Te— This day of ____,20_____ County of Nueces the_____ _____ 3. Existing Flood Mep,by graphic plotting only, this property le eptly In Zone "C" of the Flood Insurance Rote Mop (FIRM), Community Panel MW2 Co tr n Company,o Texas c o h—by ertifies tM1 r of the Number 485464 02]] C, City of Corpus Christi, Texas, which bears on longs em br.-w hip t ria oaf ri a^faregoinga cp wi he wnof Lot 1, Brett Flint,P.E. sed date of July 18,1985 and is not in e Spe<iol Flood Hazard Aree. Block 6,S.r.[.g.tDownM1unit u3;of surveyetle. Develapmenl Services Engineer The existing FIRM Panel 485464 02]] C is based on the Netionel hown; t streets shown re lea cote M1to ne public Ouse forever; tM1.ta oosome is os Geodetic Vertical Datum of 1929 NGVD. .hown a eo dedicated to the opublic use tlfor the instollotion,operotion aril uae of^public utilities;and that this map w s made for the purpose of description and dedication. State of Texas County of Nueces neu 4. Proposed Flood Mep,this property is proposed m lie within Zane"X°of the Flood Imnce Rote Mop (FIRM), Community Panel Number We the——_day of--------------------20—— This final plat of the herein described property was approved on beh.lf of the City of Corpus Christi, 48355CO505G, Nueces County. Texas, which bears a re,i,ed preliminary Teves by the Planning commlsslon. date of May 30,2018.The Proposed FIRM Panel 48355CO505G ie based B.MVR Construction Com on a Teves car on the North American Verticol Detum of 1988(NAVD88). y P Y porallon This the——_ daY of——_ —— 20_—_ By. MOM1ammad Rez.ei Nazari,Director Al R.ymonid,III,AIA Daniel .b Dibble creto Sery CM1oirmon By v.hia Rez.ei N.:.d,mre.mr Slate of Texas County of Nuecee By Reza Haddadzadeh.Director I,Kara Bonds,Clerk of the County Court in ontl fors d County,d eby certify th a foregoing rid o her at tF Instrument dated the__day a ___— wltM1 Its certiFlc.[a of autM1en[ic.tion was Bt..t of Texas f11ed for re office tM1 y of J 20�A _ O'clock---M,County of Nueces luly re e e m—coy of__ da 2o_,of___O'clock —M,in soil Conty I, Bt.te of Texas Volumec�M1Poge Record.. Co y of Nueces WeN In efore m d R— os Director MVR Constructl-Ceompony,c.Te—c ^ d h p .bon,on beh.lf of said p .bon. F—elton Development C o Texas li rt ip hen, ertifies tM1 Witness my hand and seal of the County Court,in and for sold County,al office i^Carpus Christi, thI—b of thend.e p ofn—M11,Blockb 6M1c. Texas.the day aril yeor last written. foregoingrB oe dri thio the___ Y of enforever,t I.—id, eof eBu tic ufilibea,ontl tM1.f tM1is p was m.tle for fM1 p p e of od p n ontl--ion. Filed forr Record ora Son unty Clerk Notary Public i^and far the State of Texas Nue—Co y,Texas Count, Thib the day of 20 Slee of TexaeOdo2cok M. B -- C.unly of Nuecee _ y oeput v By.Braeeltan Development Company,Ltd..a Texas limited partnershipThin In acknowledged before m by V d Bezaei N.zari,Director,as Director Bt.te Texas MVR Co..I_ionwC.mp.ny,o Tm.s corpor.teon,on beh.lf of sold orporotlon. CO y of f f Nueces By Bmselton M nogement C.mp.ny,LLC,it,general partner 1,Brion D.Loro ntson .Regi.feretl Profeesion.l Lona Surveyor for U n Engineering,h This the _ y of —_ 20— foregoing m.pfrom oryey m e ground u my dI. best of my knowledge,mform.l'ioneand belief,I haven been engaged contract lad set.11 Lot and By. Block< o .hown herein aril to complete such operations with due aril reasonable diligence Fred Br.selton,President <onsI.le.,with.ound Professional practice. Not.,Public in ontl for fhe State of T— Bt—bf T—ii C—ly of Nuecea Stale of Texas TM1is the——_day of--------------------20___ County of Nueces Thi.Instrument was acknowledged before me by Fred Br..ellon,as President of B—Iton Management Company, LLC, general partner of Braeellan Development Company, Ltd., a This inelmment was acknowledged before me by Re- Haddadzadeh, a. Director MVR P eliminary,this document shall not be r orded Texas limited partnership,on behalf of void entity in.aid capacity. Construction Company,a Texae corporation,on behalf of said corporation. for any purpose and shell not be used ore owed relied upon a a fibal s rvey locomen LVz Bri.n B.L n n,R.P.L.S. iex.s L eNo.681g This the——_eoy of--------------------20_—_ This the——_e.y of--------------------20_—_ Revised: 2022 Sub4/2mitted: 16/2022 URBAN SCALE: None Notary Pubh.in.,it for the Btate of Teves No-y Pahhc in and for the Smte of TexasJOB NO.: oO4916.C2.00 ENGINEERING sneer:1 f 2 DRAWN BY:JAB 150 100 50 0 100 200 •s/8"1RF-Id GRAPHIC SCALE 1"=100' I F ++P 1 21\ s/aaanl Enka ccix r°�na11 -1121 2111 vas r 1--1 r°unacalor. o/Q c e9»z 5.00 2s.45 Ns25 sE 2.s WELSH Duna SVRVEltNG r°una 4eg�iPo�4o°"c,. �� / oto / 1s � �Po� bg � o s a s � ✓ /. A Plat of Saratoga Downs Unit 4B 19.70 Acres, being portio n of Lot 6, Sectio 7, Bohemian Colony Londa, o mop of whichs / y_�Qav recorded i Count A, Page 48, Map Records of rec s Nuec Cou n, Texa id porn n of Lot 6, Section 7, bei g a portion of a 34.96 Acre Tract, s described in a Correction Affidavit as to General s e°Dog\ Warranty Deed from 2e6a, LLC to MVR Construction Company, r corded in Document No. 20 21 01 490 2, / Official Public Records of Nueces County, Texas. // ^��°r °+s ,itt 4/2 126 22 / Submi[tetl: 2/16/2022 SCALE: 1"=100 ' Preliminary,this document shell not be re arded URBAN JOB NO.:04916.C2.00 ror any pn.ose and ahal�not be nsad or —d ENGINEERING sneer:2 of 2 relied npon a fi'na]s vey aoc nt.V DRAWN BY:JAB Exhibit 2 Q A�prs, w is sae G° GRAPHICSCALE NOTES: THE HIGHUGHTED INPRObENENTS ARE REQUIRED FOR DRAINAGE OF OFF-SITE AREAS.WITHOUT OFFSTE OUTFALL DRAINAGE CONTRIBUTIONS THE HIGHLIGHTED IM FIR VENENTS WOULD NOT BE REQUIRED AS PART OF THE DEVELOPMENT OF THE SUBJECT PROJECT. 54" STORM r Z POST INLET GP Opp W PSp 54" STORM (= ZP Ln Dr Osbert Bl.,Drive Nora.Str'et ° W Z J POST INLET x w a DRAINAGE SWALE POST INLET 54" STORM � LEGEND W Y Osbert ula, r— = E%.STORM DRAINAGE LINE L7 SrORM PIPE N�Z A0 sroRM allTFALL 54° STORM ppNW AREA OF IMPROVEMENrS FOR arY PjppP PARrICIPArION REQUEST ZoL Z J POST INLET DRAINAGE SWALE Q SHEET 1 OF 2 EXHIBIT—PUMX IMPROVEMENTS FOR CITY PARTICIPATION REQUEST Y YORK ENGINEERING FOR CIVIL • PLANNING • CONSULTING NOT FOR CONSTRUCTION SARATOGA DOWNS,UNIT 413 e .w=Na a ®%sada LEGEND E%.SrORM ORAINALE LINF SrORM PIPE ,r RM OUTFALL GRAPHIC SCALE r=Too' AREA OF IMPROVEMENTS FOR OTY PARTICIPATION REOUESr NOTES: THE HIGHUGHTED IMPROVEMENTS ARE REWIRED FOR DRAINAGE OF OFF-SITE AREAS.WITHOUT OFFSTE DRAINAGE CONTRIBUTIONS THE HIGHLIGHTED IMPROVEMENTS OULD NOT BEAS PART REQUIRED OVERSIZED WITH OFF-SITE RUNOFF THE DEVELOPMENT OF THE SUBJECT IPRO ECT.. OF =1 0 a{ O� I 2�Si0RM OU'1F4A11 Y \/ SIRUCNRES —4'MICK r 11 \> CONCRETE RIP RAP me'd"`b �` a� MASTER PLAN DRAINAGE CHANNEL POUT_STRUCNRES P R"RCP REQUIRED WITHOUT OFF-SITE RUNOFF �y `Na 4�P P t<A yP� S„ `' CONCRETE RIP RPP n^Affirmed Dr d SHEET 2 OF 2 EXHIBIT—PUBLIC IMPROVEMENTS FOR CITY PARTICPATION REQUEST IrC YORK ENGINEERING FOR CIVIL • PLANNING • CONSULTING NOT FOR(ONSTRU(TION SARATOGA DOWNS,UNIT 4B ®loll Or mx EwNmw,iK. Exhibit 3 Client: Opinion of York Engineering,Inc. Braselton Development Company Date:09/06/2023 Probable Construction Cost Saratoga Downs Subdivision,Unit 413 Stormwater Infrastructure and Master Drainage Channel Reimbursement Item Description Quantity Unit Unit Price Total Amount A OVERSIZED WITH OFF-SITE RUNOFF 1 Clearing and Grubbing 4.5 AC $ 750.00 $ 3,375.00 2 Excavation(in-place quantity) 15,744 CY $ 10.00 $ 157,440.00 3 Embankment(in-place quantity) 437 CY $ 5.00 $ 2,185.00 4 36"RCP 175 LF $ 150.00 $ 26,250.00 5 54"High-Density Polyethylene Pipe(HDPP) 630 LF $ 140.00 $ 88,200.00 6 OSHA Trench Protection 805 LF $ 4.00 $ 3,220.00 7 4'x4'Post Inlet 5 EA $ 5,500.00 $ 27,500.00 8 Outfall Structure 3 EA $ 2,500.00 $ 7,500.00 9 4"Concrete Rip Rap 3,642 SF $ 15.00 $ 54,630.00 TOTAL ITEM A-OVERSIZED WITH OFF-SITE RUNOFF: $ 370,300.00 B WITHOUT OFF-SITE RUNOFF: 1 Clearing and Grubbing 3.1 AC $ 750.00 $ 2,325.00 2 Excavation(in-place quantity) 10,386 CY $ 10.00 $ 103,860.00 3 4"Concret Rip Rap 3,642 SF $ 15.00 $ 54,630.00 TOTAL ITEM B-WITHOUT OFF-SITE RUNOFF: $ 160,815.00 REIMBURSABLE AMOUNT(TOTAL ITEM A-TOTAL ITEM B) $ 209,485.00 Project No.1061-2 2-02 Texas Engineering Firm F-22063 Page 1 of 1 Exhibit 4 INSURANCE REQUIREMENTS L CONTRACTOR'S LIABILITY INSURANCE A. Contractor shall 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 shall furnish to the Risk Manager or designee two (2) copies of Certificates of Insurance, with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the Risk Manager or designee. The City must be listed as an additional insured for the General Liability policy and Business Auto Liability policy, and a waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation required on all Bodily injury and Property Damage certificates or by policy endorsement(s) Per Occurrence /aggregate COMMERCIAL GENERAL LIABILITY $1,000,000 Per Occurrence 1. Broad Form $2,000,000 Aggregate 2. Premises—Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal and Advertising Injury 8. Professional Liability (if applicable) 9. Underground Hazard(if applicable) 10. Environmental if applicable) BUSINESS AUTOMOBILE LIABILITY $1,000,000 Combined Single Limit 1. Owned 2. Hired&Non-owned 3. Rented& Leased WORKERS' COMPENSATION Which Complies With The Texas Workers' (for paid employees) Compensation Act And Paragraph II Of This Exhibit. EMPLOYER'S LIABILITY $500,000 / $500,000 / $500,000 PROPERTY INSURANCE Contractor shall be responsible for insuring all owned, rented, or leased personal property for all perils. C. In the event of accidents of any kind related to this project, Contractor shall furnish the Risk Manager with copies of all reports of such accidents within ten(10) days of the accident. Exhibit 4 Page 1 of 3 II. ADDITIONAL REQUIREMENTS A. Contractor must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred will be promptly met. An"All States endorsement shall be included for Companies not domiciled in 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 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 (361) 826-4555- Fax# 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, or comparable policy language, as respects to operations, completed operations and activities of,or on behalf of,the named insured performed under contract with the City. • 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 thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. 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 stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Exhibit 4 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 and completed operations and activities under this agreement. L It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Exhibit 4 Page 3 of 3 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112 as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: Braselton Development Company, Ltd STREET: 5337 Yorktown Blvd CITY: Corpus Christi, Texas ZIP: 78413 FIRM is:0Corporation Partnership Sole Owner Association Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department(if known) none 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Title none 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission, or Committee none 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant none CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Fred Braselton Title: President (Print Name) �' 9/5/23 Signature of Certifying Person: � Date: K1DEVELOPMENTSVCSISHARED\LAND DEVELOPMENT\APPLICATION FORMS\REZONING\DISCLOSURE OF INTERESTS STATEMENT 5.12.2015.DOC CITY OF CORPUS CHRISTI CERTIFICATION OF FUNDS (City Charter Article IV, Sections 7 & 8) I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly authorized representative), hereby certify to the City Council and other appropriate officers that the money required for the current fiscal year's portion of the contract, agreement, obligation or expenditure described below is in the Treasury to the credit of the Fund specified below, from which it is to be drawn, and has not been appropriated for any other purpose. Future payments are subject to annual appropriation by the City Council. City Council Action Date: January 9, 2024 Legistar Number: Agenda Item Caption: Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, Ltd. to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 4B subdivision located at the intersection of Lands Drive and Martin Street; and amending the operating budget by transferring and appropriating $209,485.00 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 3) Amount Required: (Amount to be Certified) $ 209,485.00 Fund Name Fund Org. Accoount Amount N . Public Works — 4300 32000 520130 Storm Water ($209,485.00) Development 4670 11200 550910 $209,485.00 Services Fund Total $209,485.00 ❑ Certification Not Required Director of Financial Services Date: 1 Participation Agreement for Stormwater Infrastructure Improvements Ordinance authorizing a Developer Participation Agreement with Braselton Development Company, Ltd. to reimburse the developer an amount not to exceed $209,485.00 for the construction of stormwater infrastructure improvements related to the Saratoga Downs, Unit 4B subdivision located at the intersection of Lands Drive and Martin Street; and amending the operating budget by transferring and appropriating $209,485.00 from the Public Works — Storm Water Fund (No. 4300) to the Development Services Fund (No. 4670). (District 3) City Council January 9, 2024 Location Map TR(E. O bbS hE.Hr C Pm Ca�Noq. o=J U kF,Oe�BY4 rPP q„v4 G Proposed Stormwarer Improvement oy Q =e N `^yt Q S h 8 W Fo 00 f2 i C�T4iY. ..gErq' 2 Saratoga Downs Unit 46 `�.F Y eft. e C QP 4 Y C, X52 f -OO F-t Total Cost Estimate Saratoga Downs Subdivision,Unit 4B Stormwater Infrastructure and Master Drainage Channel Reimbursement Item Description Quantity Unit Unit Price TotalAmount A OVERSIZED WITH OFF-SITE RUNOFF 1 Clearing and Grubbing 4.5 AC $ 750.00 $ 3,375.00 2 Excavation(in-place quantity) 15,744 CY $ 10.00 $ 157,440.00 3 Embankment(in-place quantity) 437 CY $ 5.00 $ 2,185.00 4 36"RCP 175 LF $ 150.00 $ 26,250.00 5 54"High-Density Polyethylene Pipe(HDPP) 630 LF $ 140.00 $ 88,200.00 6 OSHA Trench Protection 805 LF $ 4.00 $ 3,220.00 7 4'x4'Post Inlet 5 EA $ 5,500.00 $ 27,500.00 8 Outfall Structure 3 EA $ 2,500.00 $ 7,500.00 9 4"Concrete Rip Rap 3,642 SF $ 15.00 $ 54,630.00 TOTAL ITEM A-OVERSIZED WITH OFF-SITE RUNOFF: $ 370,300.00 B WITHOUT OFF-SITE RUNOFF: 1 Clearing and Grubbing 3.1 AC $ 750.00 $ 2,325.00 2 Excavation(in-place quantity) 10,386 CY $ 10.00 $ 103,860.00 3 4"Concret Rip Rap 3,642 SF $ 15.00 $ 54,630.00 TOTAL ITEM B-WITHOUT OFF-SITE RUNOFF: $ 160,815.00 REIMBURSABLE AMOUNT(TOTAL ITEM A-TOTAL ITEM B) $ 209,485.00 3 Recommendation Approval Staff recommends approval of the developer participation agreement with Braselton Development to reimburse the developer up to $209,485.00 for the City's share of the cost to construct the stormwater infrastructure improvements The request is in accordance with UDC Section 8.4 City Participation in Streets and Drainage Cross Sections. so �o o� A v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance City Council Meeting January 9, 2024 1852 Second Reading for the City Council Meeting of January 23, 2024 DATE: December 18, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager heatherh3(a)-cctexas.com (361) 826-3206 Ordinance designating a Reinvestment Zone Number Six for the redevelopment of the former Pharaoh Valley County Club and Golf Course CAPTION: Ordinance designating 127.72 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Six, City Of Corpus Christi, Texas" pursuant to petition by owners of Barisi Village properties; setting a maximum City financial participation of and a maximum contribution of $32,000,000; and establishing a Board of Directors for the Reinvestment Zone. SUMMARY: Per Tax Code 311.011(e), this Ordinance and public hearing will designate the reinvestment zone for tax increment financing purposes and create the Board of Directors for the reinvestment zone. Staff has proposed a preliminary reinvestment zone project and financing plan, a copy of which is attached to and incorporated into this ordinance as Exhibit C. BACKGROUND: On October 31, 2023, a presentation was made to the City Council that provided an overview of the developer-petitioned Tax Increment Reinvestment Zone (TIRZ) (Ch 311 Tax Code)to provide incentives for the redevelopment of the former Pharaoh Valley County Club and Golf Club with a mixed use village-type development. The developer has planned for a 10-12 year build out with an anticipated taxable value of $800 million to $1 billion at completion. The developer is requesting reimbursement for street, sewer, stormwater and water infrastructure; public amenities including structured parking, parks and fountains, public restrooms, village style public plaza and tower, and public wayfinding, signage, and enhanced safety lighting; costs associated with the projects including contingencies, professional fees, general conditions and soft costs; and costs related to the administration of the TIRZ. At completion the development is proposed as a mixed used development consisting of: Residential Multi-Family Units 1350 Townhomes 210 Age Restricted Units 350 Single Family Lots 57 Parking Structured Parking Garages 1,750 spaces Surface Lots 400 spaces Commercial Hotel 120 rooms Restaurant 6,000 Sq/ft Warehouse 20,000 Sq/ft Small Grocery 5,000 Sq/ft Offices 15,000 Sq/ft Retail 50,000 Sq/ft Cafe 1,000 Sq/ft Public Spaces Chapel 6,000 Sq/ft Plaza 10,000 Sq/ft Bell Tower 5,000 Sq/ft Club House 12,000 Sq/ft Banquet Space 5,000 Sq/ft Public, Community & Open Space Amenities Lakes 7 Sports Courts 12 Lazy River Pool Par 3 Golf Course Public Park Community Parks Public Walking Paths Community Room 800 Sq/ft Community Gardens Waterside Boardwalks 6 The reimbursement of the infrastructure costs will be from ad valorem taxes generated by the increment above the base year value as of January 1, 2024. The valuation for tax year 2023 was $1,265,610 for the 258.9 acres and this base year will be updated to reflect the final appraised value for tax year 2024. The TIRZ will exist until the infrastructure costs are reimbursed in an amount not to exceed $32,000,000 to the developer or a maximum of 20 years, whichever is less. The contribution schedule is proposed as follows: Tax years 2025-2033 95% Tax year 2034 90% Tax year 2035 80% Tax year 2036 70% Tax year 2037 60% Tax year 2038 50% Tax year 2039 40% Tax year 2040 30% Tax year 2041 20% Tax year 2042 15% Tax year 2043 10% Tax year 2044 5% In addition to the City, Nueces County and Del Mar College are being asked to participate in the Reinvestment Zone. The Developer will be meeting with these entities and if they decide to participate, the City will enter into an interlocal agreement with each entity during the same meeting as the second reading of the ordinance. If the other taxing entities do not choose to participate, the City will consider an alternative economic development tool to provide for reimbursement of the requested infrastructure and amenities. Board Appointments: As per the Tax Increment Financing Act, Chapter 311, of Texas Tax Code ("Act"), the Board members for TIRZ #6 will consist of: • One representative appointed by each participating taxing entity other than the City • A member of the State Senate and a member of the State House of Representatives in whose district the zone is located or their designee • Up to five landowners in the zone, or their agent, as appointed by City Council All members appointed by the Board must meet eligibility requirements as set forth in the Act. ALTERNATIVES: City Council could choose to not approve the creation of the Zone or amend the zone as presented FISCAL IMPACT: The fiscal impact of developer requested TIRZ would be reimbursements to the developer for select infrastructure and amenities in amount not to exceed $32,000,000 over a 20-year period from the tax amounts generated from the value above the base year. RECOMMENDATION: Recommend approval of the creation of the Reinvestment Zone Number Six. LIST OF SUPPORTING DOCUMENTS: Ordinance Proposed Project and Financing Plan Presentation Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village, Corpus Christi, Texas x c _. 8{ a Prepared for: The City of Corpus Christi PO Box 9277 Corpus Christi, Texas 78469-9277 December 2023 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Contents 1. Introduction 4 1.1. Purpose of a Tax Increment Reinvestment Zone 4 2. Project Plan 5 2.1. Criteria for Zone Creation 6 2.2. Existing Tax Increment Financing Districts in the City of Corpus Christi 7 2.3. Description of the Tax Increment Reinvestment Zone#6 7 2.4. Existing Zoning and Land Use Guidelines Applicable to TIRZ#6 9 2.5. Taxing Jurisdictions Applicable to TIRZ#6 9 2.6. Proposed Changes:Master Plans,Zoning Ordinances, & Building Codes 9 2.7. Relocation of Displaced Persons 9 2.8. TIRZ Phasing 9 3. Project Plan Improvements 11 3.1. Eligible Project Costs 11 3.Public Facility and Public Space Enhancements 11 4. Project Plan 14 4.1. Existing Uses and Conditions/Boundaries§311.011(b)(1) 14 4.2. Municipal Ordinances§311.011(b)(2) 16 4.3. City Planned Improvements(Non-Project Costs)§311.011(b)(3) 16 4.4. Relocation§311.011(b)(4) 16 5. Reinvestment Zone Financing Plan 17 5.1. Estimated Project Cost Description§311.011(c)(1)and Kind, Number, and Location of TIRZ Improvements§311.011(c)(2) 17 5.1.1. Public Improvements, Facilities,And Infrastructure 17 5.1.2. Administrative Costs 19 5.2. Economic Feasibility Study§311.011(c)(3) 19 5.3. Estimate of Bonded Indebtedness§311.011(c)(4) 19 5.4. Timing of Incurring Costs or Monetary Obligation§311.011(c)(5) 19 5.5. Method of Financing and Sources of Revenue§311.011(c)(6) 20 5.5.1. Sources of Funds 20 5.5.2. Sources of Revenue 21 5.5.3. Method of Financing 21 Page 2 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 5.6. Current Appraised Value§311.011(c)(7) 22 5.7. Estimated Captured Appraised Value§311.011(c)(8) 22 5.8. Duration of the Zone§311.011(c)(9) 23 6. Appendices 24 6.1. Appendix 24 Market and Economic Feasibility Study 24 6.2. Appendix 8—Projection of New Development and Taxable Assessed Value 34 6.3. Appendix C—Estimated Non-Financing Costs 35 7. EXHIBIT A: Legal Description 56 Page 3 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 1 . Introduction This Project Plan for the creation of a Tax Increment Financing Zone #6 (the "Project Plan") contemplates a Tax Increment Financing Zone over a 127.72 acre portion (the "Site") of the city that includes the former Pharaoh Valley Country Club area along Ennis Joslin on its eastern edge, Pharaoh Drive to the north, Delta and Clarion Drives on its western border, and McArdle, Aswan, Hathor, and Rock Creek Drives along the southern area of the TIRZ (hereafter referred to as "TIRZ#6"). The landowner of the property is Barisi Village LLC. The landowner is requesting the City of Corpus Christi (the "City"), Nueces County (the "County"), and the Del Mar College District ("Del Mar") participate in the tax increment reinvestment zone to help fund sundry infrastructure improvements, as further defined herein, to be located within the development. The duration of the zone is projected to be 20 years, with the TIRZ in existence through 2043. 1 .1 . Purpose of a Tax Increment Reinvestment Zone A tax increment reinvestment zone (a "TIRZ") is a tool that local governments can use to incentivize needed improvements and infrastructure within a defined geographic area. These critical improvements are primarily undertaken to promote the viability of existing businesses and to attract new commercial enterprises. The cost of eligible improvements is repaid by the contribution of future tax revenues by each taxing entity that levies taxes against the property. The additional tax revenue that is received from the affected properties after the creation of the TIRZ is referred to as the tax s% increment. j d Each taxing entity can choose to TIRZ Ends dedicate all, a portion, or none of the d All tax revenue � tax revenue that is attributable to the Incremental to general fund increase in property values due to F Growth the improvements within the TIRZ to Tax Increment goes to TIRZ this zone. Each taxing entity determines what percentage of its TIRZ Base Value tax increment it will commit to Tax Revenue Remains with Jurisdictions repayment of the cost of financing the public improvements. Time Creation Termination This Project Plan and the feasibility ofTiRZ of TIRZ analysis attached hereto as Exhibit A is Figure 1 How a Tax Increment is Calculated required by state law. This Project Plan is designed to meet the legal requirements of designating a TIRZ. The statues governing tax increment financing are in State of Texas Tax Code (the "Code") Chapter 311. To assist the City and the other taxing entities in understanding the overall financing plan, we have included preliminary revenue projections which assume that other taxing entities participate in the TIRZ on an equal basis to the City. Page 4 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 2. Project Plan The purpose of TIRZ #6 is to finance the construction of public facilities and infrastructure vital to catalyzing residential and commercial development within the boundaries of the zone. In addition to the public benefits that these investments are expected to yield, many are also required for any planned development to comply with detailed deed restrictions and zoning entitlements that restrict the uses of the Site. Expenditures associated with the design and construction of public infrastructure, as well as other specific project-related costs, will be funded by tax increment revenues derived from increases in property values following new residential and commercial development, which will result from the investment contemplated herein. Barisi Village is envisioned as a fully-featured, publicly accessible and beneficial European-style village. This design is in line with the Developer's vision, mandated zoning entitlements, and deed restrictions, as well as consistent with the Developer's track record of delivering similar, high-quality projects. This transformative development aims to create and enhance prominent public spaces, attracting a wide range of community members who are expected to gather and spend time in these revitalized areas. The infrastructure and capital costs associated with the development will be financed with private capital. It is the intent of the Developer to enter into an agreement with TIRZ #6 to receive reimbursement for investments made from revenues generated by TIRZ#6. r: Phase 1-5 Ten year projection a . V Mult F—ly1,350 2R--ft ?..* si.91 mes 150 1 Cafe Single Family 200 ! Publc walking paths M; m \. Hotel 1208 i PP11ki1 61 200,0005E Retail 4 ParM'ng Garages Par 3 toll Ceurse P afe Club _- =Rcya Picket Ball Courts Galf Club 'loots Courts Event Space Chapel-Weddin9Ven a„ Phase Phase 2 110 1, w „ ,!Y 0 LD Phase 3 Phase 4 Z McAlrale RD Z. Blackard Companies © MBRIDGEVIEW R EA I.ESTATE Figure 2 Illustrative Barisi Village Project Phasing Plan Page 5 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 2.1 . Criteria for Zone Creation The area within the zone qualifies for a TIRZ because it suffers from long-term economic stagnation and inadequate infrastructure sidewalks, and street layout. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Figure 3 Factors Arresting and Impairing Development in In addition, the landowner is requesting that the area be the zone designated as a reinvestment zone. Some of the most prominent conditions existing in the Zone that meet the criteria • Defective or unusual conditions of title set out in the Code (§311.005(a)(1)) are set forth in Figure 4. (§311.005(a)(1)(G))—restrictive covenants and zoning entitlements 81.802 acres (+/- 64% of total area and virtually ALL requiring highly burdensome and development) of the Zone (East of Nile Drive) is in the Qualified arresting public infrastructure Opportunity Zone (census tract 48355002704) and is New spending. Market Tax Credit (NMTC) Qualified. • Predominance of defective or According to the Code, the above-referenced conditions must inadequate sidewalk and street layout; "substantially arrest or impair the sound growth of the • Sundry unsanitary or unsafe municipality or county creating the zone, retard the provision of conditions; housing accommodations, or constitute an economic or social • Unchecked deterioration of site or liability and be a menace to the public health, safety, morals, or other improvements; and welfare in its present condition and use." Given the existing • Conditions that endanger life or conditions in Corpus Christi, the feasibility for development in property by fire or other cause. the Zone is severely limited. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. Legend �=u., dUn Future n 1YW - HA _� .ae PVMy etpkynw. _Hpn fMMY ihwdfd .. �PaIIWM1 OCw'i 94YM erapNtlm ''t Neta 2 is Cameeul2 S IY n.i wew.Pw ..A w, Figure 4 Opportunity Zone Map Page 6 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 2.2. Existing Tax Increment Financing Districts in the City of Corpus Christi There are existing TIRZs in Corpus Christi. According to state law, cities with more than 100,000 residents may not create a new TIRZ if the total appraised value of taxable real property in the new reinvestment zone and in the existing reinvestment zones would exceed 25.0 percent of the total appraised value of taxable real property within the city and its industrial districts. In addition, a TIRZ may not be created if more than 30.0 percent of the property in the new TIRZ (excluding publicly owned property) is used for residential purposes at the time of designation. The TIRZ#6 complies with these state rules. Table 1 Existing TIRZ Districts in Corpus Christi Land Use Value Data Source,, City of Corpus Christi— Real Property $34,013,547,941 ! 2022 Assessed Value, Certified ----------------------------------------------------------------------------}------------------------------ --------------- - Totals Report, NCAD TIF #2— Padre Island $747,047,462 2022 Assessed Value, Certified Totals Report, NCAD ----------------------------------------------------------------------------t------------------------------t---------------------------------------------------- TIF #3- Downtown $855,899,077 2022 Assessed Value, Certified Totals Report, MCAD ----------------------------------------------------------------------------t------------------------------t--------------- i ---------------------------------------------------- TIF #4—North Beach $263,214,915 2022 Assessed Value, Certified Totals Report, NCAD --------------------------------------------t-------- ----- —t--- ----------------------- TIF #5 - BoCo $5,614,654 2022 Assessed Value, Certified Totals Report, MCAD ----------------------------------------------------------------------------t------------------------------t---------------------------------- Total ---------------------------------Total TIRZ ! $1,871,776,108 TIRZ as%of Corpus Christi Total 5.5% 2.3. Description of the Tax Increment Reinvestment Zone #6 The TIRZ #6 will cover approximately 127.72 acres (including roads and right of way). The 2023 baseline assessed property value of the TIRZ is approximately$1,270,541. The base year of the TIRZ will be based on the value as of January 1, 2024. The documents will be amended to reflect this value once tax year 2024 appraisal values have been published. Table 2 Existing Land Use of TIRZ#6,NCAD(2023) Land Use Acreage City of Corpus Assessed Value Commercial Land 126.561 i $1,265,610 Total 126.561 $1,265,610 City of Corpus Christi $7,880.67 Page 7 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan �efle 9 aa�o,_ w a Figure 6 Aproximate TIRZ Geographic Boundary 2'752 8 oe4 t Property Information(284500) t .. 1 n11 4 Owner Name:DARISI VILLAGE LLC "`t Doing Business As:Null '. 1 - soProperty Identification Number.284500 0y --.• c,qg 2643coonh �� Pik Geo Identification Number:6637-0003-0010 --- - .�4 3M21 Legal Description:PHARAOH VALLEY N E BK 200093617 9c.t _ _ - 28ea91/ 3&PHARAOH COUNTRY CLUB LESS POR _. `. TO RO'A -- --- - _ State Coder Fi _ -ts -addza � Address:7111 PHARAOH DR CORPUS a4773 ct CHRISTI.TX 78412 y 47 3a "`3 ' Taxing Jurisdictions:CO3,CAD,GNU,JRC• — 5r sn .s«<= RFr+SE.HCSP Appraised Value::WA ,0O0B3 o zsa7=a - -- Z,«o- .-«F1 Neighborhood:PHARAOH VALLEY NE&SW A4 -1 - #1sw7Fz `- Abstract Code:56637 DetailProperly _ Zoom In aa5b�'- a ° f n u27 4029 2sao2s JJJJJ/11111J 'c845P1 284500 zG / �28 _ rg a-05 - 1 7 2890.32 9529/, J L 7 �`' `= (f 28587Q 40 8 3- 1 q�qg yp 9 8l4 .... 1 Lc1 ����5 ` �284037 543, L c24�4574` ` � -r' �� Figure 5 Nueces County Appraisal District Property Information Page 8 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 2.4. Existing Zoning and Land Use Guidelines Applicable to TIRZ #6 Existing City of Corpus Christi land use, zoning guidelines, and policies would apply to all properties within city limits. Current zoning is a PUD overlay prescribing a"European village with buildings placed near the street right-of-way and mixed-use buildings resulting in a pedestrian-oriented development." This village is required to include a "Principal plaza," "Lakeside sidewalks with potential gathering spaces," "Pedestrian-oriented design," "Shared and off-site parking" including a requirement that not more than 50% of parking spaces provided on the Site be provided in well-landscaped surface parking lots, and strict "Architectural requirements." It is required by binding restrictive covenant and zoning ordinance to build high-intensity structured parking and premium quality and high- density developments on this site. The restriction can only be met by adopting a TIRZ ordinance, such as this. 2.5. Taxing Jurisdictions Applicable to TIRZ #6 The Barisi Village TIRZ#6 is located within the following taxing jurisdictions: • City of Corpus Christi • Nueces County • Del Mar College • Nueces County Hospital District • Corpus Christi Independent School District • Farm to Market Road District 2.6. Proposed Changes: Master Plans, Zoning Ordinances, & Building Codes There are no anticipated changes to the master development and zoning ordinances. 2.7. Relocation of Displaced Persons This plan does not call for nor anticipate the displacement or relocation of persons for the proposed projects. 2.8. TIRZ Phasing This multi-phase village-style project aims to revitalize the area as a community-driven village-style neighborhood with necessary and legislatively required infrastructure improvements, enhanced pedestrian environment, and market-leading visual quality. Starting with the first phase of the project, Barisi will enable critical infrastructure for housing development and community-focused commercial uses and encourage new development and investment in the zone and beyond into future phases and those areas outside of the immediate TIRZ area. The duration of this TIRZ Project Plan is 20 years from its effective date, unless terminated earlier by ordinance or order of the governing body. However, the developer may request an extension of the TIRZ Project Plan or initiate a subsequent TIRZ zone for subsequent phases of the project, subject Page 9 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan to approval by the governing body and compliance with all applicable laws and regulations. The extension request or incremental TIRZ Project Plan must be submitted at least one year before the expiration date of this TIRZ Project Plan and must include a detailed description of the proposed scope, budget, timeline, and benefits of the additional phases, in compliance with the Code. Page 10 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 3. Project Plan Improvements TIRZ #6 will provide support for catalytic infrastructure and economic development projects that will facilitate the development of properties within the Zone. The qualities on offer in the proposed Barisi Village will represent an unprecedented asset for members of the community and a long-term source of economic prosperity for both the community and the taxing entities that are being asked to participate in this TIRZ #6. In addition to these imperative public infrastructure improvements, the Developer is also seeking reimbursement for numerous improvements on the site to local drainage systems, retaining ponds, and other improvements which aid the environmental health of effluent water by filtering. Nearby properties have seen meaningful consequences of the neglect of this property—from safety issues relating to dumping, trespassing, and visual pollution to rapid declines in their property values. This Barisi Village project will provide lighted trail systems, additional eyes-on security, streetscape enhancements, village-style amenities for the enjoyment of nearby communities, and knock-on economic growth to surrounding businesses and residences. 3.1 . Eligible Project Costs 1. Infrastructure Improvements This category includes structured parking, water, sanitary sewer and stormwater improvements, roadway and street intersection enhancements, public transportation, relocation of aboveground utilities, public sidewalks, etc. 2. Parks & Streetscape Enhancements This category includes gateway features, linear parks, corridor landscaping, public plazas, etc. 3. Public Facility and Public Space Enhancements This category includes wayfinding, signage, lighting, public restrooms, and public safety amenities. 4. Non-Project Costs It is not possible to quantify other non-project costs at this time, other than to say that they are anticipated. However, these costs should not exceed TIRZ #6 revenue less other costs delineated in the project plan. Consultants, engineers, surveyors, and other costs incurred not related to the other categories and other unforeseen costs are included in this category. 5. Administration & Implementation Administration costs, including reasonable charges for time spent by City of Corpus Christi employees, will be eligible for reimbursement as project costs. In addition, this category includes City costs associated with creating the TIRZ. Total anticipated project costs of up to $32,000,000 will be eligible for reimbursement from all eligible project categories. Page 11 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan The Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone.The dilapidated golf course has become a burden to the Pharoah Valley neighborhood and the entire community. Overgrowth of the property led to litter, animals and even homeless camps, this has negatively impacted home values for the neighborhood. On to of the dangerous conditions of theproperty, the p g r ��p drainage way for Pharoah Valley is currently a creek that has J a become congested with debris and invasive vegetation. The developer has, in recent months, remedied portions of this Y � T ' issue, but additional resources are required to permanently " resolve this infrastructural failing. This project will improve city drainage for the area as well as add retention ponds that will B reduce the strain on the 3 drainage culverts under Ennis Joslin Rd. TIRZ #6 represents a strategic response to the economic stagnation and subpar infrastructure currently afflicting the Figure7One ofnumerous homeless encampments Pharaoh Valley neighborhood and its surroundings. This `found after land acquisition innovative mechanism presents a much-needed solution, as these challenges would persist unaddressed by private market forces alone. This sort of public sector support is also required to comply with the current deed restrictions and PUD zoning ordinance, which requires significant investment in public infrastructure and market-leading finishes to buildings. The facilitation of infrastructure enhancements and the stimulation of economic development within the zone, enabled by TIRZ #6, will pave the way for the realization of Barisi Village. This landmark development signifies an unmatched community asset, delivering an unparalleled blend of amenities to residents, while fostering enduring economic prosperity for the participating taxing entities. The suite of projects driven by TIRZ#6 delivers an array of public benefits: • improved local drainage systems for efficient water management • filtration of effluent water for environmental health • safely illuminated trails, and aesthetic upgrades to the streetscape • support the establishment of village-style amenities benefitting the broader Coastal Bend community • Public plaza (required by zoning restrictions)and maintenance • robust multi-modal transportation network and structured parking required by the site's entitlements • Increased density from highest-and-best use of critical infill site for additional housing stock • a public nature preserve • a golf course • Landscape and park maintenance, public restroom improvements and maintenance, litter pickup and street sweeping • Wayfinding,signage, and lighting These initiatives will significantly enrich the local living experience. The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in the area. By improving and maintaining public spaces with a high level of service, plus increasing density through structured parking, the zone and the other programs will encourage the development of new land uses. The intended result is that Barisi Village will become a vibrant and economically vital urban waterfront district with a variety of tourist, entertainment, Page 12 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan residential, retail, and lodging uses that serve the entirety of the Corpus Christi and Coastal Bend community. Page 13 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 4. Project Plan 4.1 . Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 127 acres wholly within the City of Corpus Christi. Its boundaries encompass all of the old Pharoah Valley Golf Course. The proposed boundaries and land uses within the Zone are shown in Figure 10.The existing conditions within the Zone are shown in the aerial photo in Figure 11 and described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit A. The site is located approximately a mile and a half from Texas A&M University of Corpus Christi (TAMUCC) and approximately 7 miles from downtown Corpus Christi and 7 miles from Padre Island. Ennis Joslin is used by TAMUCC students and professors for their commute to campus as well as daily commute for downtown business and travel and recreation to Padre Island—this site is along the entry route that drove of TAMUCC current and prospective students and faculty travel down, making it one of the most viewed empty lots in town despite its significant economic headwinds. b Phase 1-5 Ten Year prgectian kP Vi' ._.........._._......._.._._... 1,3350 2R { }9* Wwnhomes t 1<ah ­gle Family 200 ! Publcwalkmg paths MOfllen lYt'16 s , Hotel 1208 i 4luki ­,000o SF Retail 4 bi,Plasas gGarages Fara Goll Ceurse P .11A Pickel Ball Courts Galf Club Lnnis Courts Event Space Chapel-Wedding Venue -y� 4) l wr t �3 I man c e x a � Blackard Companies © MB .!Rp?GE Figure 8 Illustrative Barisi Village Project Land Use Plan Page 14 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Pay_Potlg., QRde Pa& P*9o1 <:,> he hl,µ, a da,eaofe d- Figure 9 Existing Conditions Corpus Christi is in vital need of more housing options, especially with a centralized location. This development offers a wide variety of housing. A project like this will give more options for housing and a location that is more convenient and desirable for a larger market spread. Pharoah Valley Golf Course failed approximately 12 years ago after years of declining maintenance and use. This precipitated over a decade of overgrowth and disrepair on the site. Following the developer's acquisition of the site, the former club house has been demolished as well as several of the warehouses and restrooms on site. Nearby homeowners have been t requesting help for years on the property and have in many cases needed to maintain areas like the old tennis courts themselves so that they can keep using them. The Developer has since cleaned the site and mowed the full 127 acres multiple times. The City of Corpus Christi shows on their Figure 10 Former tennis facility of Pharaoh Valley Golf Course GIS maps that the creeks that bisect the site are storm water drainage for the Pharoah Valley neighborhood. These creeks were, at one time, maintained by the City, but have recently lacked mowing or cleaning, leading to negative drainage conditions. This also causes congestion and trash build up in these drainage areas. This proposed project will add more retention Page 15 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan ponds and drainage solutions for the property and aid the storm water runoff situation from the Pharoah Valley Neighborhood. Existing ponds used to be filled by effluent from the nearby water treatment plant. The existing pipelines are still intact on site. Though currently outside the scope of this Plan, the Developer is also requesting effluent to keep water levels constant and will help with the water treatment plants need to offload effluent. The ponds will further increase water quality from the treatment plant and represent a clear improvement over the current effluent offload into Oso Bay. 4.2. Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. 4.3. City Planned Improvements (Non-Project Costs) §311.011(b)(3) Other than those routine maintenance activities undertaken by the city to maintain drainage channels on the Site, no City planned improvements exist. 4.4. Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone's projects. Page 16 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 5. Reinvestment Zone Financing Plan 5.1 . Estimated Project Cost Description §311.o11(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support the types of development and economic activity projected in the Market and Economic Feasibility Study (Appendix A) as well as contribute to the image and attractiveness of Corpus Christi on a local, regional, and national level. In addition, the Zone will contribute funds to reimburse appropriate parties for the costs of Zone creation and ongoing administration. For the sake of clarity, as of the date of the first reading of the ordinance , neither Nueces County or Del Mar College have agreed to participate in this Zone. As such all amounts are shown reflecting only the City's participation in the zone. Should one or both of those taxing entities choose not to participate in the Zone or agree to participate via lesser contribution percentages, appropriate revisions to the estimated Project Costs detailed in section 5 based on those final contribution terms will be made to the plan. Table 3 Total Anticipated Capital and Administrative Costs Use Amount Public improvements, facilities, and infrastructure ! $30,000,000 (Q1 2024 dollars) ---------------------------------------------------------------------------------------------+----------------------------------- Administrative costs $2,000,000 Anticipated Capital and Administrative Costs $32,000,000 5.1.1.Public Improvements, Facilities, And Infrastructure The reimbursements of publicly beneficial development costs fronted by the Developer will be administered by the TIRZ board. Eligible costs include the below costs listed below up to the amount of $30,000,000. Reimbursable publicly beneficial project costs will include but not be limited to the following capital costs and their associated fees, administrative costs, professional costs, overhead, general conditions and other soft costs': Public sewage, storm, and water Required Density Improvements / $8,870,640 Structured Parking To bolster community resilience and public health, the $17,353,650 Zone invests in essential water management, storm ' Soft costs excluded from the figures presented. Estimated approximately 7.5-8% or$4.5M Page 17 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan drainage, sanitary sewer, and water systems. These To make better use of the site's limited space and encourage works are not only crucial for the well-being of the broader density that is critical for village-type developments, community but also mandated by the site's PUD zoning greenspace and walkability, the Zone supports building ordinance. parking structures instead of surface parking in areas where parking is limited or poorly distributed. The construction of these structures is required by the site's PUD zoning ordinance. Landscaping Improvements Improved Wayfinding, Signage, Lighting $1,600,000 $225,000 To create a more attractive driving and walking experience The Zone will improve various aspects of the public on and around the village and encourage economic growth pedestrian realm in key locations. Potential projects and development, Zone funds may help with enhancing could include sidewalks,decorative paving,street landscaping and irrigation throughout the Zone. furniture,signs,enhanced crosswalks and pedestrian- friendly lighting. Traffic and Street Improvements Park and Fountain Improvements $15,886,145 $890,000 To improve public safety and accessibility, the Zone The Zone can help with creating and improving parks and prioritizes the development of streets, sidewalks, and public spaces to attract more activity, create a sense of traffic improvements. These are fundamental elements place and enhance the quality of life within the Zone for for enhancing quality of life across the community and economic growth. align with the site's PUD zoning requirements. Public Restroom Improvements Village-Style Public Plaza and Tower $125,000 $1,125,000 The Zone will ensure adequate public restrooms within The Zone will support the development of a village-style the Zone. public plaza with shops, restaurants and public event space as well as an iconic bell tower structure. This will create a vibrant and lively destination for social and cultural activities,as well as stimulate the local economy and tourism. Supplemental Public Safety Nature Preserve, Walking Trail area $675,000 grading and dirt work The Zone will help enhance the ambient lighting of the site $5,431,950 and may also seek to support technology upgrades. The Zone will support a portion of the costs associated with the creation of a nature preserve and walking trail. This will provide a unique recreational and educational opportunity for residents and visitors,as well as enhance the natural beauty and biodiversity of the site. Contingency, Professional Fees, General Conditions, and Soft Costs $6,648,134 Zone funds will compensate for professional service costs,organizational costs,and other allowable fees applicable to the improvements detailed herein. Capital costs are presented at their 2024 value. Page 18 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Other public infrastructure capital costs, professional service costs, imputed administrative costs, or other payments made at the discretion of the governing body of the municipality or the county that the governing body finds necessary or convenient to the creation of the zone or to the implementation of the project plans of the zone may be reimbursed at the discretion of the Board of Directors. 5.1.2.Administrative Costs 1. Creation —The Zone will reimburse relevant parties for expenses related to the costs of creating the Zone. 2. Administration —Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $100,000 per year for the 20-year life of the Zone. 5.2. Economic Feasibility Study §311.011(6)(3) The Local Economic and Tax Impacts of Barisi study by Dr. Jim Lee, of Texas A&M University—Corpus Christi, is provided in the Appendix. 5.3. Estimate of Bonded Indebtedness §311.011(6)(4) It is anticipated that the Zone's projects will be funded on a cash-only pay-as-you-go basis. However, if the resources become available to issue debt, annual Zone revenue and available non-bonded debt financing are insufficient to address the needs of the Zone, or more preferential financing terms can be obtained through the issuance of debt, the TIRZ#6 Board may recommend to the Corpus Christi City Council that it is appropriate to issue TIRZ debt commensurate with the needs of the Zone and anticipated annual Zone revenues to support debt service payments. The TIRZ is under no obligation to issue any notes or debt. 5.4. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) The TIRZ will primarily be cash-funded, with reimbursements made to developers as funds become available. Costs will be incurred over the life of the Zone, guided by the Board's prioritization of activities and projects as well as revenue availability. While the primary approach is a pay-as-you-go expenditure model, the option to issue bonded debt remains open. Should circumstances necessitate or advantageous financing terms become available, the TIRZ#6 Board may recommend to the Corpus Christi City Council the issuance of TIRZ debt commensurate with Zone needs and anticipated annual revenues to support debt service payments. Page 19 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 5.5. Method of Financing and Sources of Revenue §311.011(c)(6) 5.5.1.Sources of Funds The primary source of funds for the Zone is expected to be funds from the contributed property tax collections of the City, County, and Del Mar College. At this time, the County and Del Mar College have not agreed to participate. The proposed City participation in an amount not to exceed $32,000,000 is shown below: Tax years 2025-2033 95% Tax year 2034 90% Tax year 2035 80% Tax year 2036 70% Tax year 2037 60% Tax year 2038 50% Tax year 2039 40% Tax year 2040 30% Tax year 2041 20% Tax year 2042 15% Tax year 2043 10% Tax year 2044 5% Page 20 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 5.5.2.Sources of Revenue The assessed value base year for the City of Corpus Christi will be tax year 2024; the base year for Nueces County and Del Mar College is also projected to be 2024. Based upon 2023 tax rates for each jurisdiction, the projection of incremental property tax revenue contributed to the Zone is as follows: City Non- Tax Fiscal Requested 1005/o Tax Contributed Contributed Year Year Year Contribution Revenue Increment Increment 1 2025 2026 95% $ 164,055 $ 155,852 $ 8,203 2 2026 2027 95% $ 529,896 $ 503,401 $ 26,495 3 2027 2028 95% $ 889,355 $ 844,887 $ 44,468 4 2028 2029 95% $ 1,383,135 $ 1,313,978 $ 69,157 5 2029 2030 95% $ 1,723,738 $ 1,637,552 $ 86,187 6 2030 2031 95% $ 2,059,813 $ 1,956,822 $ 102,991 7 2031 2032 95% $ 2,354,267 $ 2,236,553 $ 117,713 8 2032 2033 95% $ 2,709,257 $ 2,573,794 $ 135,463 9 2033 2034 95% $ 3,023,194 $ 2,872,034 $ 151,160 10 2034 2035 90% $ 3,398,252 $ 3,058,427 $ 339,825 11 2035 2036 80% $ 3,610,384 $ 2,888,308 $ 722,077 12 2036 2037 70% $ 3,718,696 $ 2,603,087 $ 1,115,609 13 2037 2038 60% $ 3,866,097 $ 2,319,658 $ 1,546,439 14 2038 2039 50% $ 3,982,080 $ 1,991,040 $ 1,991,040 15 2039 2040 40% $ 4,101,543 $ 1,640,617 $ 2,460,926 16 2040 2041 30% $ 4,224,589 $ 1,267,377 $ 2,957,212 17 2041 2042 20% $ 4,351,503 $ 870,301 $ 3,481,202 18 2042 2043 15% $ 4,481,866 $ 672,280 $ 3,809,586 19 2043 2044 10% $ 4,616,322 $ 461,632 $ 4,154,690 20 2044 2045 5% $ 4,754,812 $ 237,741 $ 4,517,071 $59,942,853 $32,105,340 $27,837,513 These revenue projections assume a 98% tax collection rate. 5.5.3.Method of Financing All project costs will be paid using funds derived as herein described. While this is a developer- initiated TIRZ, one or more developer agreements may be entered into to accommodate the different phases or components of the Barisi Village development. Each of these agreements will define the projects eligible for TIRZ funding. Page 21 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Payments are anticipated to be made on an annual basis for each agreement but may occur more frequently as conditions warrant. The allocation of these payments will be at the developer's discretion, consistent with the priorities and obligations set forth in the respective developer agreements. These priorities will primarily focus on stimulating economic development within the Zone and enhancing essential public infrastructure. 5.6. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the 2023 certified taxable appraised value for the Zone is $1,270,541 for the City of Corpus Christi, $1,270,541 for Nueces County, and $1,270,541 for Del Mar College. This appraisal value yielded tax revenues of$7,880.67 to the City of Corpus Christi, $3,662.05 to Nueces County, and $3,380.96 to Del Mar Jr College. Tax year 2024 values will be used as the base values. 5.7. Estimated Captured Appraised Value §311.011(c)(8) The Table provides the projected schedule of taxable value increment captured by the Zone over its proposed 20-year duration. Captured value projections assume a 3.0% annual value appreciation rate for existing development. Page 22 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan City Non- Tax Fiscal Requested Assumed Taxable 1005/o Tax Contributed Contributed Year Year Year Contribution Value Revenue Increment Increment 1 2025 2026 95% $ 27,910,940 $ 164,055 $ 155,852 $ 8,203 2 2026 2027 95% $ 90,152,336 $ 529,896 $ 503,401 $ 26,495 3 2027 2028 95% $ 151,307,758 $ 889,355 $ 844,887 $ 44,468 4 2028 2029 95% $ 235,315,611 $ 1,383,135 $ 1,313,978 $ 69,157 5 2029 2030 95% $ 293,263,259 $ 1,723,738 $ 1,637,552 $ 86,187 6 2030 2031 95% $ 350,440,257 $ 2,059,813 $ 1,956,822 $ 102,991 7 2031 2032 95% $ 400,536,365 $ 2,354,267 $ 2,236,553 $ 117,713 8 2032 2033 95% $ 460,931,556 $ 2,709,257 $ 2,573,794 $ 135,463 9 2033 2034 95% $ 514,342,402 $ 3,023,194 $ 2,872,034 $ 151,160 10 2034 2035 90% $ 578,151,775 $ 3,398,252 $ 3,058,427 $ 339,825 11 2035 2036 80% $ 614,242,328 $ 3,610,384 $ 2,888,308 $ 722,077 12 2036 2037 70% $ 632,669,598 $ 3,718,696 $ 2,603,087 $ 1,115,609 13 2037 2038 60% $ 657,747,286 $ 3,866,097 $ 2,319,658 $ 1,546,439 14 2038 2039 50% $ 677,479,704 $ 3,982,080 $ 1,991,040 $ 1,991,040 15 2039 2040 40% $ 697,804,095 $ 4,101,543 $ 1,640,617 $ 2,460,926 16 2040 2041 30% $ 718,738,218 $ 4,224,589 $ 1,267,377 $ 2,957,212 17 2041 2042 20% $ 740,330,365 $ 4,351,503 $ 870,301 $ 3,481,202 18 2042 2043 15% $ 762,509,376 $ 4,481,866 $ 672,280 $ 3,809,586 19 2043 2044 10% $ 785,384,657 $ 4,616,322 $ 461,632 $ 4,154,690 20 2044 2045 5% $ 808,946,197 $ 4,754,812 $ 237,741 $ 4,517,071 Total 1 $59,942,853 $32,105,340 $27,837,513 5.8. Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2024, the Zone would expire after 2043. Page 23 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan • Appendices • Appendix Market • Economic Feasibility • r I4t a My `� fl Local Economic and Tax Impacts of Parisi Village Jim Lee, Ph.D. May 21 , 2023 Page of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village Local Economic Impacts Executive Summary Barisi Village is a mixed-use redevelopment project on the former Pharaoh Valley golf course property in Corpus Christi. The project site is expected to offer a diverse blend of high-end living options,along with a hotel and dining, recreational and shopping venues. This report summarizes the local economic impacts of developing Barisi Village in the City of Corpus Christi. Construction Including indirect impacts that capture increased activity in local supply chains, Barisi Village's entire construction project(phases 1 to 6)is expected to generate 2,597 jobs(direct and indirect employment)in the city of Corpus Christi. The following displays two alternative measures of the total economic impacts (direct,indirect,and induced impacts)on Corpus Christi during its construction phase: Total Impacts from Construction Employment(FTE job-years) 5,648 jobs Economic Impact(sales) $827.3 million Operations and Maintenance Including indirect impacts,the operations of all businesses and residential units in Barisi Village are expected to create 895 permanent jobs(direct and indirect employment)in the city of Corpus Christi. The following displays two alternative measures of total permanent(annual) economic impacts on Corpus Christi as a result of the operations and maintenance of all businesses and residential units in Barisi Village: Total Impacts from Operations and Maintenance Employment(FTE jobs) 1,111 jobs Economic Impact(sales) $127.9 million The businesses in Barisi Village, including its food and drinking places, retail shops and a hotel,are projected to collectively generate approximately$415,000 in sales and hotel occupancy tax revenues per year for local taxing entities in the city of Corpus Christi. Page 25 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village Local Economic Impacts Introduction Barisi Village is a mixed-use redevelopment project on the former Pharaoh Valley golf course property in Corpus Christi. The Barisi Village project consists of six phases to be developed on a land property of 126.561 acres(see map below). The project site is expected to offer a diverse blend of high-end living options, along with a hotel,dining, recreational and shopping venues. Map of Barisi Village,Phases 1 to 6 M , f -• ��%• Phase 1-6 This report summarizes the projected local economic impacts of Barisi Village during its construction phase and its permanent operations. The study is commissioned by Blackard Companies,the developer of Barisi Village. Regional economic impacts are measured alternatively by the number of full- time-equivalent(FTE)jobs(employment impacts)and gross business sales or revenues(economic impacts)created in the city of Corpus Christi during the project's construction phase and the permanent operations of all businesses in Barisi Village. The less tangible benefits to Barisi Village's neighborhood and its broader community's quality of life are,however,beyond the scope of this report. Page 26 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village Local Economic Impacts Methodology ■ Total economic impact estimates for the construction of the proposed Barisi Village in the Pharaoh Valley district of Corpus Christi are computed using details in the site plan provided by the developer. The construction project consists of six phases. • The following diagram describes the flow of economic impacts associated with the Barisi Village project site: Schematic Diagram of Local Economic Impacts Saris!Village Business Revenues Ind ..d Impacts A ■ The total economic impacts of the proposed Barisi Village mixed-use community and business developments include direct, indirect,and induced impacts. quantitative measures of employment and total economic output/sales using the IMPLAN model customized for the city of Corpus Christi. ■ The direct impact is the first round of changes in the industries directly involved in the Barisi Village project. In addition to direct employment and business activity related to the construction and operation of the project Page 27 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village Local Economic Impacts site,direct effects in local industries result in ripple effects in those industries'supply chains. Indirect impacts occur when local business vendors benefit from the construction activities and operation of the project site,such as grocery and other supplies for restaurants and retail stores,and professional services for the onsite management staff. These impacts represent spinoff effects from multiple rounds of supply chains that are required to support Barisi Village's construction and operation. ® Induced impacts are generated initially by the earnings and thus spending of the project site's direct and indirect employees on local goods and services. Following multiple rounds of spinoff effects,these impacts are spread across nearly all sectors of the regional economy. Estimates for the indirect and induced impacts are generated using IMPLAN's multiplier data for the city of Corpus Christi. The table on the next page summarizes the planned property developments provided by the developer. Developments over the Barisi Village's six phases are broadly classified as residential,commercial,and other types of infrastructural improvements. The plan also includes the construction of a hotel and other business venues within Barisi Village by other developers. ® Developments for residential units include the construction of single-family and multi-family units,townhomes,and senior housing for independent and assisted living. In addition to residential units, Barisi Village includes a variety of business venues,such as restaurants,retail shops,event space, and one hotel. Other than the building structures,the construction plan includes one parking garage and other covered areas along with open parking spaces in each of the six construction phases. Also,the plan includes the construction of a wide variety of amenities for recreational activities,such as canal boardwalks and lazy rivers,two tennis courts,eight pickleball courts,a golf course and putting green,walking trails and public parks. ® In total,the Barisi Village project consists of an estimated total of 5.5 million square feet of property improvements in buildings and infrastructure. Out of the entire 126.6-acre project site,an estimated total of 53.4 acres(2.3 million sq.ft.)are dedicated to recreational activities, such as a golf course,tennis and pickleball courts,and parks and trails. Page 28 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village(Phases 1 to 6)Site Plan Summary Units Total Area(sgft.) Residential Multifamily 1,263 1,576,130 Townhomes 175 283,103 Single Family 65 105,153 Independent Living 250 279,613 Assisted Living 200 223,690 Residential Total 1,953 2,467,689 Commercial Cafe 1 600 Restaurant 3 11,600 Event Space 1 4,000 Leasing Office 1 4,800 Retail 5 59,800 Boutique Shop 1 400 Commercial Total 12 81,200 Other Improvements Parking Garage 400 72,000 Covered Area 1,800 324,000 Surface Parking 1,255 225,900 Recreational Land 2,326,258 Other Total 3,455 2,948,158 Hotel Building 1 6,500 Parking 35 9,450 Hotel Total 15,950 Barisi Village Total 5,512,977 Page 29 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Earisi Village Local Economic Impacts Economic Impacts of Construction ® Based on the site plan for developing the six construction phases of Barisi Village outlined in the previous section,the following table displays estimates of the local economic impacts(direct,indirect,and induced impacts)during the construction phase: Construction Impacts Direct Indirect Direct& Induced Total Indirect Employment(job-years) 2,502 96 2,597 549 5,648 Output/Sales(mil) $374.1 $13.8 $387.9 $65.3 $827.3 • The Barisi Village project's six construction phases are expected to generate a direct local economic impact of$374.1 million and 2,502 local full-time-equivalent(FTE)job-years in the construction and engineering industries. As for most construction projects,the employment impacts are expressed in job-years in the sense that the numbers represent one year of employment rather than a permanent basis. • Including indirect impacts on local supply chains associated with the construction of the industrial site,the local economic impact is$387.9 million and 2,597 jobs. The total economic impacts that also include the induced effects on the rest of the regional economy are estimated to be $827.3 million and 5,648 jobs during the entire construction phase. Page 30 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Economic Impacts of Operations and Maintenance ® The following table presents estimates for the direct,indirect,and induced impacts of the operations and maintenance of all businesses and residential units in Barisi Village: Permanent Employment Impacts of Barisi Village,FTE Jobs Residential Commercial Recreational Total Direct 482 323 15 819 Indirect 67 7 1 75 Direct/Indirect 549 330 16 895 Induced 173 40 3 217 Total 722 370 19 1,111 The Barisi Village, including all its businesses,is expected to be operated with 819 full-time direct employees onsite. An estimated total of 482 FTE positions will serve the residents of the 1,953 residential units. Other businesses,such as restaurants and a hotel,will be operated with an estimated total of 323 employees. A staff of 15 FTEs(e.g.,groundcrews)is also expected to operate the recreational facilities onsite. m The operation of the businesses and residential units in Barisi Village is expected to generate an indirect employment impact of 75 jobs. Including those indirect jobs,Barisi Village is expected to create 895 FTE positions (direct and indirect)in Corpus Christi. ■ The induced impact,which represents the spinoff effects on the rest of the local economy,is projected to be equivalent to 217 jobs. Including the induced impact,Barisi Village's total employment impact equals 1,111 permanent jobs. Page 31 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan ® The following table displays estimates for the permanent direct,indirect, and induced impacts of Barisi Village in current dollar terms: Annual Economic Impacts of Barisi Village,2023 Million Dollars Residential Commercial Recreational Total Direct $81.8 $18.5 $0.95 $101.3 Indirect $6.3 $0.9 $0.07 $7.3 Direct/Indirect $88.1 $19.4 $1.03 $108.5 Induced $14.4 $4.8 $0.17 $19.4 Total $102.5 $24.3 $1.19 $127.9 The wide variety of business activities in Barisi Village,including the operation of residential units,is expected to generate a direct economic impact of$101.3 million annually(2023 dollars). The operation of those businesses is also expected to be supported by local businesses with$7.3 million in revenues(indirect impact). ® The induced impact on the rest of Corpus Christi is an estimated$19.4 million annually. The permanent local economic impact of Barisi Village's business operations and maintenance,including indirect and induced effects,is an estimated$127.9 million each year. Page 32 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Barisi Village Local Economic Impacts Local Taxes from Operations ® Business development in Barisi Village will generate a variety of tax revenues,including sales,income(franchise tax),and property taxes. This section presents projections for the local tax impact of the businesses within Barisi Village. The cafe,restaurant and retail shops will generate sales taxes from their operations. Its hotel will generate local Hotel Occupancy Tax(HOT)revenues from its room sales in addition to sales taxes from other services,such as the supply of food and beverages to hotel guests. The following table shows the local tax impacts of the cafe,restaurant,and retail shops: Annual Local Tax Impacts of Barisi Restaurants and Retail Shops,2023 Dollars Gross Sales City Tax Cafe&Restaurant $1,332,398 $26,648 Retail Shops $9,431,333 $188,627 Total $10,763,731 $215,275 The following table shows the local tax impacts of the hotel: Revenues HOT Sales Tax Total Taxes Room Revenues $1,957,313 $176,158 $176,158 Other Revenues $1,165,429 $23,309 $23,309 Total $3,122,741 $199,467 The annual room revenue of approximately$1.96 million is derived from applying the local average room occupancy rate of 65%at the current room rate of$125 per night for a mid-size hotel in Corpus Christi. The estimated room revenue is expected to generate more than$176,000 annually for the city's portion of Hotel Occupancy Tax(9%of the total 15%tax rate). Other than room revenues,the hotel will generate another$1.1 million annually in other revenues,such as the provision of food and beverages and catering services. The revenues subject to sales taxes are projected to generate more than$23,000 in local sales tax revenues. x In total,the operations of businesses in Barisi Village are projected to collectively generate$414,741 in local tax revenues annually. Page 33 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 6.2. Appendix B — Projection of New Development and Taxable Assessed Value x. ftast I 1*05D 2 1:1",1S61 MUMM 4 Phased Jam 1243:1 WJJU,: AM7 nuisHwE CUMJ alwl ......................:i....................................................... ................................... ...............................y..................... ................................................. ... $ - S - . S 5 5 q ft I-Ifl ................:... ............................................. .................................................. ............................ ................... ...............................5..................... 5 7 ........... ....................... ...................................................... .................................................... ............................ .................... ......................................................... �e 6 P39-1-00 - -S - - -I-�: ...................... ....................... ................................. ............................ ...................... ............................. ..................... S IFI A q ............4 ........................ ............................... .................... ............................. ..................... 5 5 ............ ............................................ ......................................................... ................................................... ............................... cot ............ ........................................... .......................................................... .............. .................................................. . ............................ ........................ 121 B"O'J515 5 1F-:444,102 4r' 14; 3 - :s 5 :.1..................... kF :7 ............... .......... ..... _.............................o...................... .............................. 91 D . .......................... ...................... ............................... ..................... .................. ...... ................. .................... ............ .. .............. Eon,' I A ....................... I S 159490 175 S 1'd 333,u29 7 7�,q 5 a S 94;90.S1q '404P7l ............... I I 1 142241 135 S 4vorg-r I Ji a U, 61' 12 ......... .... ................I... ..............M ............ ............................ I k S ;�- ; I:1_.1;9,764 95,?47�qe .......... .................................................. ............ ................ ...F : .�;2 66?.��J . .............. ............................ . ...................... I S I H 182-S I i U:764. 3 ....................... ............. .,h, ..................... ...................... ....................— .................... ............. ............. ..................... 5 14 5 1!A.449,951 I10:117',,, .................. ........................... 5,3 ............ ....................................................... ............. 1................................ 15AI62M4S ,F 6 5 m273:,$ )i ............ ...............................o....................... ......................................................... ............................ ....................... :........................ ............................................................................I :�; 3 73& fi I F 5 163—K61 54 S 3 -': :� .�t ..1 115,996.364 1............ F ............. ....................................................... ............. L. . ............................. .! 1 ............. " 17 5 Ti 7 :1 11�15 .270 :S 7i[=301=:; 16?.TE033,L::S 4 - S 5 J�i; 7S Jr, 1 : ............. .. ....... ............ ....................................... ................................................ ........................ .......................... ................................:............... J................I i: i : 4 ::�­"6-10� .- i f)P.496 MA21M ::3 5 TV W,W& .......... ..................................................... ................ .................. ......... ................................................... .............. .. ........ I .......... :-i -4--�........... . ............ ........i27211AD 177,M7'391 1 4,-'� 6 :. 17 .......... .I 1 4.1� ................. .................... 1b2 S476e0:! ..... ................................................. ........................ ................................ . ............!.............. zi = W4.4-093;,° r 1 2S7B99M LO?95 I36A62.594 Ui L.Y, 1� i ft-2 ................ i iL 2 4.4 7 5 L, I. 14,V �:11!S A ............. ........................... ........ i 4, . n LEIS -'J L: S I'M A 1,9 251 815,�iLq ��ti S 43 iLi,197.i2-! 149AMAM. ............... .............. 5.8..I.0..A.1� .................. ........... ............... .......................... 155, -a ILI V,I I.. : ??*7If,I Page 34 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 6.3. Appendix C — Estimated Non-Financing Costs The cost estimates, maps, renderings, and site plans contained in this appendix are for illustrative purposes only and are subject to change. Any reliance on these materials should acknowledge their preliminary nature and the possibility of adjustments in the future. OPINION OF PROBABLE CONSTRUCTION COST Prepared By: Date Prepared: 7112123 W F�T FA[ 1, Project Number: 23010001 Contact: Michael Westfall,PE (214)846-9397 Client: BV Blackard Corpus Land LLC 8390 Lyndon B Johnson Freeway,Suite 565 Dallas,TX 75243 Project:Barisi Village Phase 1 GRADING Description Quantity Unit Cost Unit Total Earthwork Cut/Fill 35,000 CY $ 15.00 $ 525,000.00 Import from Future Phase 7,000 CY $ 15.00 $ 105,000.00 Retaining Wall Around Pond - FF $ 50.00 $ - Lake Pump - LS $ 50,000.00 $ - $ 630,000.00 ONSITE PAVING AND WALLS Description Quantity Unit Cost/Unit Total Drainage Infrastructure 17,320 FF $ 50.00 $ 866,000.00 Fire Lane Pavement 8,288 SY $ 96.75 $ 801,864.00 Parking Lot Pavement 4,337 SY $ 85.00 $ 368,645.00 Concrete Sidewalk 14,700 SF $ 8.00 $ 117,600.00 Pedestrian Bridge 910 SF $ 500.00 $ 455,000.00 Traffic Barrier at South Entrance 1,000 LF $ 75.00 $ 75,000.00 $ 2,684,109.00 OFFSITE WORK Description Quantity JUnit Cost/Unit Total Offsite Tum Lane 3 LS $ 100,000.00 $ 300,000.00 Traffic Signal 1 LS 1 $ 500,000.00 $ 500,000.00 8'Wide Cart Path/Trail 100,496 SF J $ 8.00 $ 803,968.00 $ 1,603,968.00 Page 35 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan STORM DRAINAGE Description Quantity Unit Cost/Unit Total 18"RCP 1,400 LF $ 175.00 $ 245,000.00 24"RCP 400 LF $ 200.00 $ 80,000.00 30"RCP 400 LF $ 225.00 $ 90,000.00 36"RCP 100 LF $ 250.00 $ 25,000.00 48"RCP 500 LF $ 275.00 $ 137,500.00 Curb Inlet 19 EA $ 10,000.00 $ 190,000.00 Grate Inlet 2 EA $ 5,000.00 $ 10,000.00 Outfall Structure 1 EA $ 75,000.00 $ 75,000.00 Manhole 6 EA $ 10,000.00 $ 60.000.00 $ 912,500.00 SANITARY SEWER Description Quantity Unit Cost/Unfit Total 15"Sewer Line 2,200 LF $ 100.00 $ 220,000.00 12"Sewer Line 1,800 LF $ 90.00 $ 162,000.00 8"Sewer Line 400 LF $ 75.00 $ 30,000.00 6'Dia.MH 1 EA $ 20,000.00 $ 20,000.00 4'Dia.MH 20 EA $ 15,000.00 $ 300,000.00 $ 732,000.00 WATER D@Scriptbn Quantity JUnit JCost/Unit Total 12"Water Line 3,100 LF $ 100.00 $ 310,000.00 8"Water Line 300 LF $ 90.00 $ 27,000.00 Fire Hydants 11 EA $ 5,000.00 $ 55,000.00 $ 392,000.00 Phase 1 Page 2 of 4 Page 36 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan SUMMARY OF CAPITAL CIVIL COSTS Description Total GRADING $ 630,000.00 ON-SITE PAVING AND WALLS $ 2,684,109.00 OFF-SITE WORK $ 1,603,968.00 STORM DRAINAGE $ 912,500.00 SANITARY SEWER $ 732,000.00 WATER $ 392,000.00 SUBTOTAL $ 6,954,577.00 SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5% $ 521,593.28 TOTAL $ 7,476,170.28 NOTES Since Westfall Engineering,PLLC has no control over the cost of labor,materials,equipment,or services fumished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the cost of construction materials,shall be made on the basis of experience and best available data.Westfall Engineering,PLLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein.Review all notes and assumptions.Westfall Engineering,PLLC has not prepared fully engineered construction drawings forthis site, therefore,the final quantities are subject to change.Additionally,the final construction plans could change significantly (A)CAPITAL COSTS-STRUCTURES Description Quantity Unit Cost/Unit Total Garage 160 SP $ 13,500.00 $ 4,160,000.00 Bell Tower 1 EA $ 750,000.00 $ 750,000.00 Plaza Area 1 EA $ 375,000.00 $ 375,000.00 Restroom Facilities(Public) 1 EA $ 125,000.00 $ 125,000.00 Contractor Fee/OH/Gen Cond. 14 % $ 5,410,000.00 $ 757,400.00 $ 6,167,400.00 A CAPITAL COSTS-SITE AMENITIES Description Quantity Unit Cost Unit Total Site Lighting 1 EA $ 125,000.00 $ 125,000.00 Landscaping(incl.Buffer Zones) 1 EA $ 500,000.00 $ 500,000.00 Site Fumishings(trasch recep.,benches,etc.) 1 EA $ 40,000.00 $ 40,000.00 Signage&Wayfinding 1 EA $ 45,000.00 $ 45,000.00 Contractor Fee/OH/Gen Cone. 14 % $ 710,000.00 $ 99,400.00 $ 809,400.00 (B)FINANCING COSTS Description Quantity JUnit Cost/Unit Total (D)PROFESSIONAL SERVICES Description I Quantity JUnit Cost/Unit JTotail Civil(Captured in OPC) EA $ Is Phase 1 Page 3 of 4 Page 37 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Architectural 1 EA $ 150,000.00 $ 150,000.00 Structural 1 EA $ 50,000.00 $ 50,000.00 MEP 1 EA $ 80,000.00 $ 80,000.00 $ 280,000.00 (F)ORGANIZATIONAL COSTS Description Quantity Unit Cost Unit Total Environmental Studies-Wetlands 1 EA $ 10,000.00 $ 10,000.00 Environmental Studies-ESA 1 EA $ 10,000.00 $ 10,000.00 Traffic Impact Study 1 EA $ 15,000,00 $ 15,000.00 Geotechnical Study(Captured in OPC) EA $ - $ - Surveys(Captured in OPC) EA $ $ $ 35,000.00 SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 7,476,170.28 (A)CAPITAL COSTS-STRUCTURES $ 6,167,400.00 (A)CAPITAL COSTS-SITE AMENITIES $ 809,400.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 280,000.00 (F)ORGANIZATIONAL COSTS $ 35,000.00 SUBTOTAL $ 14,767,970.28 CONTINGENCY(5%) $ 738,398.51 TOTAL $ 15,506,368.79 Phase 1 Page of Page 38 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan OPINION OF PROBABLE CONSTRUCTION COST Prepared By: Date Prepared: 7112/23 VWESTFALL Project Number: 23010001 E NG IN E E R I N G Contact:Michael Westfall,PE (214)846-9397 Client: BV Blackard Corpus Land LLC 8390 Lyndon B Johnson Freeway,Suite 565 Dallas,TX 75243 Project:Barisi Village Phase 2 GRADING Description I Quantity JUnit Cost Unit Total Earthwork Cut/Fill 234,130 CY $ 15.00 $ 3,511,950.00 Export dirt to Phase 3,4,and 5 128,000 CY $ 15.00 $ 1,920,000.00 $ 5,431,950.00 ONSITE PAVING AND WALLS Description Quantity Unit Cost/Unit Total Drainage Infrastructure 22,360 FF $ 50.00 $ 1,118,000.00 Fire Lane Pavement 16,943 SY $ 96.75 $ 1,639,235.25 Parking Lot Pavement 3,437 SY $ 85.00 $ 292,145.00 Concrete Sidewalk 33,793 SF $ 8.00 $ 270,344.00 Pedestrian Bridge 1,200 SF $ 250.00 $ 300,000.00 $ 3,619,724.25 Page 1 of 4 Page 39 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan STORM DRAINAGE Description Quantity Unit Cost Unit Total 1 B"RCP 965 LF $ 175.00 $ 168,875.00 24"RCP 649 LF $ 200.00 $ 129,800.00 30"RCP 211 LF $ 225.00 $ 47,475.00 36"RCP 348 LF $ 250.00 $ 87,000.00 42"RCP 274 LF $ 275.00 $ 75,350.00 6'X 3'RCB 165 LF $ 500.00 $ 82,500.00 Curb Inlet 20 EA $ 10,000.00 $ 200,000.00 Grate Inlet 2 EA $ 5,000.00 $ 10,000.00 Outfall Structure 1 EA $ 10,000.00 $ 10,900.00 TxDot PW Headwall 2 EA $ 50,000.00 $ 100,900.00 Manhole 3 EA $ 10,000.00 $ 30,000.00 $ 941,000.00 SANITARY SEWER Description Quantity Unit Cost Unit Total 15"Sewer Line 310 LF $ 100.00 $ 31,000.00 12"Sewer Line 664 LF $ 90.00 $ 59,760.00 8"Sewer Line 818 LF $ 75.00 $ 61,350.00 4'Dia.MH 19 EA $ 15,000.00 $ 285,000.00 $ 437,110.00 WATER Description Quantity JUnit Cost/Unit Total 12"Water Line 3,074 LF 1 $ 100.00 $ 307,400.00 8"Water Line 932 LF $ 90.00 $ 83,880.00 Fire Hydants 11 1 EA $ 5,000.00 $ 55,000.00 $ 446,280.00 Page 2 of 4 Page 40 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan SUMMARY OF CAPITAL CIVIL COSTS Description Total POND WORK AND MASS GRADING $ 5,431,950.00 ON-SITE PAVING AND WALLS $ 3,619,724.25 OFF-SITE WORK STORM DRAINAGE $ 941,000.00 SANITARY SEWER $ 437,110.00 WATER $ 446,280.00 SUBTOTAL $ 10,876,064.25 SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5% $ 815,704.82 TOTAL $ 11,691,769.07 NOTES Since Westfall Engineering,PLLC has no control overthe cost of labor,materials,equipment,orservices furnished by others,or aver methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the cost of construction materials,shall be made on the basis of experience and best available data.Westfall Engineering,PLLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein.Review all notes and assumptions.Westfall Engineering,PLLC has not prepared fully engineered construction drawings for this site,therefore,the final quantities are subject to change.Additionally,the final construction plans could change significantly through the City review,and platting A CAPITAL COSTS-STRUCTURES Description I Quantity Unit Cost/unit Total Garage 1 1251 SP $ 13,500.00 $ 3,687,500.00 Contractor Fee/OH/Gen Cord. 14 1 % $ 3,687,500.00 $ 516,250.00 $ 4,203,750.00 A CAPITAL COSTS-SITE AMENITIES Description Quantity Unit Cost/Unit Total Site Lighting 1 EA $ 125,000.00 $ 125,000.00 Sport Courts 1 EA $ 690.000.00 $ 690,000.00 Landscaping(incl.Buffer Zones) 1 EA $ 500,000.00 $ 500,000.00 Site Furnishings(trasch recep.,benches,etc.) 1 EA $ 40,000.00 $ 40,000.00 Signage&Wayfinding 1 EA $ 45,000.00 $ 45,000.00 Contractor Fee/OH/Gen Cond. 14 1 % 1 $ 1,400,000.00 $ 196,000.00 $ 1,596,000.00 (B)FINANCING COSTS Description I Quantity JUnit I Cost Unit Total (D)PROFESSIONAL SERVICES Description Quantity Unit Cost Unit Total Civil(Captured in OPC) - EA $ - $ Architectural 1 EA $ 50,000.00 $ 50,000.00 Structural 1 EA $ 50,000.00 $ 50,000.00 MEP 1 EA $ 40,000.00 $ 40,000.00 $ 140,000.00 Page of Page 41 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan F ORGANIZATIONAL COSTS Description Quantity JUnit Cost/Unit Total Traffic Impact Study 1 1 EA $ 12,000.00 $ 12,000.00 Geotechnical Study(Captured in OPC) I EA $ - $ Surveys(Captured in OPC) I EA $ $ - $ 12,000.00 SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 11,691,769-7 (A)CAPITAL COSTS-STRUCTURES $ 4,203,750.00 (A)CAPITAL COSTS-SITE AMENITIES $ 1,596,000.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 140,000.00 (F)ORGANIZATIONAL COSTS $ 12,000.00 SUBTOTAL $ 17,643,519.07 CONTINGENCY(5%) $ 882,175.95 TOTAL $ 16,525,695.02 Page 4 of 4 Page 42 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan OPINION OF PROBABLE CONSTRUCTION COST Prepared By: Date Prepared: 7112123 .LL E. WESTFALL Project Number: 23010001 E N 5 IN E E R I N 5 Contact:Michael Westfall,PE (214)846-9397 Client: BV Blackard Corpus Land LLC 8390 Lyndon B Johnson Freeway,Suite 565 Dallas,TX 75243 Project:Barisi Village Phase 3 GRADING Description lQuantity lUnit I Cost/Unit Total Earthwork Cut/Fill 54,000 1 CY 1 $ 15.00 $ 810,000.00 $ 810,000.00 ONSITE PAVING AND WALLS Description I Quantity JUnit J Cost/Unit Total Drainage Infrastructure 32,879 FF $ 50.00 $ 1,643,950.00 Fire Lane Pavement 7,292 SY $ 96.00 $ 700,032.00 Concrete Sidewalk 34,762 SF $ 8.00 $ 278,096.00 $ 2,622,078.00 STORM DRAINAGE Description Quantity Unit Cost/Unit Total 18"RCP 327 LF $ 175.00 $ 57,225.00 24"RCP 273 LF $ 200.00 $ 54,600.00 30'RCP 114 LF $ 225.00 $ 25,650.00 6'X 3'RCB 129 LF $ 500.00 $ 64,500.00 Curb Inlet 12 EA $ 10,000.00 $ 120,000.00 Concrete Headwall 1 EA $ 7,500.00 $ 7,500.00 TxDot PW Headwall 2 EA $ 50,000.00 $ 100,000.00 Manhole 3 EA $ 10,000.00 $ 30,000.00 $ 459,475.00 Pagel of 3 Page 43 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan SANITARY SEWER Description Quantity Unit Cost/Unit Total 15"Sewer Line 1,276 LF $ 100.00 $ 127,600.00 8"Sewer Line 910 LF $ 75.00 $ 68,250.00 4'Dia.MH 14 EA $ 15,000.00 $ 210,000.00 $ 405,850.00 WATER Description Quantity JUnit Cost/Unit Total 12"Water Line 1,370 LF $ 100.00 $ 137,000.00 8"Water Line 851 LF $ 90.00 $ 76,590.00 Fire Hydants 6 EA $ 5,000.00 $ 30,000.00 $ 243,590.00 SUMMARY OF CAPITAL CIVIL COSTS Description Total POND WORK AND MASS GRADING S 810,000,00 ON-SITE PAVING AND WALLS $ 2,622,078,00 OFF-SITE WORK STORM DRAINAGE $ 459,475.00 SANITARY SEWER $ 405,850.00 WATER $ 243,590.00 SUBTOTAL $ 4,540,993.00 SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5% $ 340,574.48 TOTAL $ 4,881,567.48 NOTES Since Westfall Engineering,PLLC has no control overthe cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the cost of construction materials,shall be made on the basis of experience and best available data.Westfall Engineering,PLLC cannot and does not guarantee that proposals,bids,or actual casts will not vary from the opinions on costs shown herein.Review all notes and assumptions.Westfall Engineering, PLLC has not prepared fully engineered construction drawings forthis site, therefore,the final quantities are subject to change.Additionally,the final construction plans could change significantly A CAPITAL COSTS-STRUCTURES Description Quantity JUnit Cost/Unit Total A CAPITAL COSTS-SITE AMENITIES Description Quantity Unit Cost/Unit Total Site Lighting 1 EA $ 125,000.00 $ 125,000.00 Landscaping (incl.Buffer Zones) 1 EA $ 100,000.00 $ 100,000.00 Site Furnishings(trasch recep.,benches,etc.) 1 EA $ 40,000.00 $ 40,000.00 Signage&Wayfinding 1 EA $ 45,000.00 $ 45,000.00 Contractor Fee/OFVGen Cond. 14 % $ 310,000.00 $ 43,400.00 Page 2 of 3 Page 44 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan $ 353,400.00 B FINANCING COSTS Description Quantity Junit Cast/Unit Total (D)PROFESSIONAL SERVICES Description Quantity Unit Cost/Unit Total Civil(Captured in OPG) - EA $ - $ - Architectural 1 EA $ 35,000.00 $ 35,000.00 Structural 1 EA $ - $ - MEP 1 EA $ 10,000.00 $ 10,000.00 $ 45,000.00 F ORGANIZATIONAL COSTS Description Quantity Unit Cost Unit Total Traffic Impact Study 1 EA $ 12,000.00 $ 12,000.00 Geotechnical Study(Captured in OPC) EA $ - $ - Surveys(Captured in OPC) EA $ - $ $ 12,000.00 SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 4,881,567.48 (A)CAPITAL COSTS-STRUCTURES $ - (A)CAPITAL COSTS-SITE AMENITIES $ 353,400.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 45,000.00 (F)ORGANIZATIONAL COSTS $ 12,000.00 SUBTOTAL $ 5,291,967.48 CONTINGENCY(5%) $ 264,598.37 TOTAL $ 5,556,565.85 Page 3 of 3 Page 45 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan OPINION OF PROBABLE CONSTRUCTION COST Prepared By: Date Prepared: 7112123 .LL E. WESTFALL Project Number: 23010001 E N 5 IN E E R I N 5 Contact:Michael Westfall,PE (214)846-9397 Client: BV Blackard Corpus Land LLC 8390 Lyndon B Johnson Freeway,Suite 565 Dallas,TX 75243 Project:Barisi Village Phase 4 GRADING Description I Quantity Unit I Cost/Unit ITotal Earthwork Cut/Fill 42,500 CY 1 $ 15.00 $ 637,500.00 $ 637,500.00 ONSITE PAVING AND WALLS Description Quantity Unit Cost/Unit Total Drainage Infrastructure 31,360 FF $ 50.00 $ 1,568,000.00 Fire Lane Pavement 7,380 SY $ 96.00 $ 708,480.00 Parking Lot Pavement 201 SY $ 85.00 $ 17,085.00 Concrete Sidewalk 30,060 SF $ 8.00 $ 240,480.00 $ 2,534,045.00 STORM DRAINAGE Description Quantity Unit Cost/Unit Total 18"RCP 940 LF $ 175.00 $ 164,500.00 24"RCP 103 LF $ 200.00 $ 20,600.00 30"RCP 45 LF $ 225.00 $ 10,125.00 36"RCP 143 LF $ 250.00 $ 35,750.00 Curb Inlet 7 EA $ 10,000.00 $ 70,000.00 Grate Inlet 4 EA $ 5,000.00 $ 20,000.00 Manhole 1 EA $ 10,000.00 $ 10,000.00 $ 330,975.00 Pagel of 3 Page 46 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan SANITARY SEWER Description Quantity Unit Cost/Unit Total 15"Sewer Line 1,437 LF $ 100.00 $ 143,700.00 12"Sewer Line 759 LF $ 90.00 $ 68,310.00 8"Sewer Line 30 LF $ 75.00 $ 2,250.00 4'Dia.MH 22 EA $ 15,000.00 $ 330,000.00 $ 544,260.00 WATER Description Quantity JUnit Cost/Unit Total 12"Water Line 1,340 LF $ 100.00 $ 134,000.00 8"Water Line 1.122 LF $ 90.00 $ 100,980.00 Fire Hydants 6 EA S 5,000.00 $ 30,000.00 $ 264,980.00 SUMMARY OF CAPITAL CIVIL COSTS Description Total POND WORK AND MASS GRADING $ 637,500.00 ON-SITE PAVING AND WALLS $ 2,534,045.00 OFF-SITE WORK STORM DRAINAGE $ 330,975,00 SANITARY SEWER $ 544,260.00 WATER $ 264,980,00 SUBTOTAL $ 4,311,760.00 SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5% $ 323,382.00 TOTAL $ 4,635,142.00 NOTES Since Westfall Engineering,PLLC has no control overthe cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the cost of construction materials,shall be made on the basis of experience and best available data.Westfall Engineering,PLLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein.Review all notes and assumptions.Westfall Engineering,PLLC has not prepared fully engineered construction drawings for this site, therefore,the final quantities are subject to change.Additionally,the final construction plans could change significantly (A)CAPITAL COSTS-STRUCTURES Description I Quantity lUnit Cost/Unit Total Garage 1 125 1 SP $ 13,500.00 $ 3,687,500.00 Contractor Fee/OH/Gen Cond. 14 % 1 $ 3,687,500.00 $ 516,250.00 $ 4,203,750.00 A CAPITAL COSTS-SITE AMENITIES Description Quantity Unit Cost/Unit Total Site Lighting 1 EA $ 150,000.00 $ 150,000.00 Landscaping (incl.Buffer Zones) 1 EA $ 250,000.00 $ 250,000.00 Site Furnishings(trasch recep.,benches,etc.) 1 EA $ 40,000.00 $ 40,000.00 Signage 8 Wayfinding 1 EA $ 45,000.00 $ 45,000.00 Contractor Fee/OFVGen Cond. 14 % $ 485,000.00 $ 67,900.00 Page 2 of 3 Page 47 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan $ 552,900.00 B FINANCING COSTS Description Quantity Junit Cast/Unit Total (D)PROFESSIONAL SERVICES Description Quantity Unit Cost Unit Total Civil(Captured in OPG) - EA $ - $ - Architectural 1 EA $ 50,000.00 $ 50,000.00 Structural 1 EA $ 65,000.00 $ 65,000.00 MEP 1 EA $ 40,000.00 $ 40,000.00 $ 155,000.00 F ORGANIZATIONAL COSTS Description Quantity Unit Cost Unit Total Traffic Impact Study 1 EA $ 12,000.00 $ 12,000.00 Geotechnical Study(Captured in OPC) EA $ - $ - Surveys(Captured in OPC) EA $ $ - $ 12,000.00 SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 4,635,142.00 (A)CAPITAL COSTS-STRUCTURES $ 4,203,750.00 (A)CAPITAL COSTS-SITE AMENITIES $ 552,900.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 155,000.00 (F)ORGANIZATIONAL COSTS $ 12,000.00 SUBTOTAL $ 9,558,792.00 CONTINGENCY(5%) $ 477,939.60 TOTAL $ 10,036,731.60 Page 3 of 3 Page 48 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan OPINION OF PROBABLE CONSTRUCTION COST Prepared By: Date Prepared: 7112123 .LL E. WESTFALL Project Number: 23010001 E N 5 IN E E R I N 5 Contact:Michael Westfall,PE (214)846-9397 Client: BV Blackard Corpus Land LLC 8390 Lyndon B Johnson Freeway,Suite 565 Dallas,TX 75243 Project:Barisi Village Phase 5 GRADING Description I Quantity Unit I Cost/Unit ITotal Earthwork Cut/Fill 20,500 1 CY 1 $ 5.00 $ 102,500.00 $ 102,500.00 ONSITE PAVING AND WALLS Description Quantity Unit Cost/Unit Total Drainage Infrastructure 9,752 FF $ 50.00 $ 487,600.00 Fire Lane Pavement 4,136 SY $ 96.00 $ 397,056.00 Parking Lot Pavement 561 SY $ 85.00 $ 47,685.00 Concrete Sidewalk 5,860 SF $ 8.00 $ 46,880.00 Bridge 3,166 SF $ 500.00 $ 1,583,000.00 $ 2,562,221.00 OFFSITE WORK Description lQuantity JUnit Cost/unit Total Offsite Tum Lane 2 LS $ 100,000.00 $ 200,000.00 Median Opening 1 LS $ 60,000.00 $ 60,000.00 $ 260,000.00 Pagel of 3 Page 49 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan STORM DRAINAGE Description Quantity Unit Cost Unit Total 18"RCP 706 LF $ 175.00 $ 123,550.00 24"RCP 275 LF $ 200.00 $ 55,000.00 Curb Inlet 5 EA $ 10,000.00 $ 50,000.00 Manhole 3 EA $ 10,000.00 $ 30,000.00 $ 258,550.00 SANITARY SEWER Description Quantity Unit Cost Unit Total 15"Sewer Line 617 LF $ 100.00 $ 61,700.00 12"Sewer Line 352 LF $ 90.00 $ 31,680.00 8"Sewer Line 76 LF $ 75.00 $ 5,700.00 4'Dia,MH 6 EA $ 15,000.00 $ 90,000.00 $ 189,080.00 WATER Description Quantity JUnit Cost/Unit Total 12"Water Line 1,039 LF $ 100.00 $ 103,900.00 8"Water Line 101 LF $ 90.00 $ 9,090.00 Fire Hydants 4 1 EA $ 5,000.00 $ 20,000.00 $ 132,990.00 SUMMARY OF CAPITAL CIVIL COSTS Description Total POND WORK AND MASS GRADING $ 102,500.00 ON-SITE PAVING AND WALLS $ 2,562,221.00 OFFSITE WORK S 260,000.00 STORM DRAINAGE $ 258,550.00 SANITARY SEWER $ 189,080.00 WATER $ 132,990.00 SUBTOTAL $ 3,505,341.00 SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5% $ 262,900.58 TOTAL $ 3,768,241.58 NOTES Since Westfall Engineering,PLLC has no control overthe cost of labor,materials,equipment,or services furnished by others,or over methods of determining price,or over competitive bidding or market conditions,any and all opinions as to the cost herein,including but not limited to opinions as to the cost of construction materials,shall be made on the basis of experience and best available data.Westfall Engineering,PLLC cannot and does not guarantee that proposals,bids,or actual costs will not vary from the opinions on costs shown herein.Review all notes and assumptions.Westfall Engineering,PLLC has not prepared fully engineered construction drawings forthis site, therefore,the final quantities are subject to change.Additionally,the final construction plans could change significantly (A)CAPITAL COSTS-STRUCTURES Description lQuantity Unit Cost/Unit Total Garage 1 125 1 SP $ 13,500.00 $ 3,687,500.00 Contractor Fee/OH/Gen Cond. 14 1 % 1 $ 3,687,500.00 $ 516,250.00 $ 4,203,750.00 Page 2 of 3 Page 50 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan (A)CAPITAL COSTS-SITE AMENITIES Description Quantity Unit Cost/Unit Total Site Lighting 1 EA $ 150,000.00 $ 150,000.00 Landscaping(incl.Buffer Zones) 1 EA $ 250,000.00 $ 250,000.00 Site Furnishings(trasch recep.,benches,etc.) 1 EA $ 40,000.00 $ 40,000.00 Signage&Wayfinding 1 EA $ 45,000.00 $ 45,000.00 Contractor Fee/OFVGen Cond. 14 % 1 $ 485,000.00 $ 67,900.00 $ 552,900.00 (B)FINANCING COSTS Description lQuantity lUnit Cost/Unit Total D PROFESSIONAL SERVICES Description Quantity Unit Cost Unit Total Civil(Captured in OPC) - EA $ - $ - Architectural 1 EA $ 100,000.00 $ 100,000.00 Structural 1 EA $ 50,000.00 $ 50,000.00 MEP 1 EA $ 60,000.00 $ 60,000.00 $ 210,000.00 ORGANIZATIONAL COSTS Description Quantity JUnit Cost/Unit Total Traffic Impact Study 1 I EA $ 12,000.00 $ 12,000.00 Geotechnical Study(Captured in OPC) I EA $ - $ - Surveys(Captured in OPC) I EA $ $ - $ 12,000.00 SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 3,768,241.58 (A)CAPITAL COSTS-STRUCTURES $ 4,203,750.00 (A)CAPITAL COSTS-SITE AMENITIES $ 552,900.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 210,000.00 (F)ORGANIZATIONAL COSTS $ 12,000.00 SUBTOTAL $ 8,746,891.58 CONTINGENCY(5%) $ 437,344.58 TOTAL $ 9,184,236.15 Page 3 of 3 Page 51 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan OPINION OF PROBABLE CONSTRUCTION COST Project:Barisi Village All Phases SUMMARY OF COSTS Description Total SUMMARY OF CAPITAL CIVIL COSTS $ 32,452,890.39 (A)CAPITAL COSTS-STRUCTURES $ 18,778,650.00 (A)CAPITAL COSTS-SITE AMENITIES $ 3,864,600.00 (B)FINANCING COSTS $ - (D)PROFESSIONAL SERVICES $ 830,000.00 (F)ORGANIZATIONAL COSTS $ 83,000.00 SUBTOTAL $ 56,009,140.39 CONTINGENCY(5%) $ 2,800,457.02 TOTAL $ 58,809,597.41 Page 1 of 1 Page 52 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan i gyp, '� �` + +..± • 1 C. _Sir. id 1630 000 J P $2r484 to Trak Work $tir- 68 L. Landscaping ubirc eam' $ $1250�y MOOD D. Storm Drainage-$912500 IN M Furnishing-$40,000 Sanitary Sewer-$732,000 M. Signage-$41.000 t - G V Water Util Nes-$392,000 O. Fees,Overhead, 'G, Parking Garage-$4,1d0,ODD General Conditions $1,171,800 'H. Bell Tow,-$750,DOO ' is ' SOFTCOSTS(ENG.SURVEY.GEOTECH)75%-$533,780.78 Co hngency-$747132,89 I T Total Mon.Financing Public Costs- $15,506,368,79AIM : oN .1 ANN H C W n , r �. _. • ••- 111IE4 1.11 Con 31 Hies _ F � ®fi NIDGII[f VU are. . , rr ly -- �` ►I � .,� �VI tti 05 k ` 6 A Nita i y * � \ ` RIJSI - „� ,; - -``•- A. Pond and Grcdmg-$5,431,950 G. Ste Lighting-$125,000 s.. _I! -"1 1M L ► e. Streets.Sidewalks,Walls-$3,619,724.25 H. Sports Courts-$690.000 - C. Storm Drainage-$941,000 I. Landscaping-$500.000 D. 5anif s V Sewer-$437,110 J. F irn shmgs-$40,D00 E. War Utilities-$446,280 K- Signage-$45,000 { "• F. Parking Garage-$4,203,750 L. Fees,Overhead, W 'el' 7r r Y. y Gen 1 Conditions-$348,000 AO""t y L. rr 1 l' SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5%- $815.704.82 I �, F GarHingeney^$982'175.95 ' Total Non-Flnacing Public Costs-$18,525,695.02 —— . —7. J :eVillage Blackard Companies 0BRiI)GEVIEVJ Page 53 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan "b I � ------- _ '!► .� A. 9.5a B BB F BgnN g.j ps Boo B, srea..siaew'visa.wam.5s.ersz.me. G. s-s�oo.am e ae B�a s X ' I C. so,n, ....-s+ss,ns H F—As—n-SOM D. ,p I E. a Hann-szas srB J i.�..a ce.�asm•, .-siBB,BBa I ' soncosis lENG.suvvrv,ararcNl].s% 5:1a9,A��B ConXn9encY-5]M.SYB.S] rofa�Nen F•�acg rvbik Cwb-$5.55636$.85 I L ---------------- A --------------r I Black3rd Companies • • • ' L J ®BRIDGEVIEW BARCKt , 'c .. A, Pond and Grading-5637.500 G. Site Lighting-5130,000 K Sheets Sidewalks,Walls H. landscaping-5250,000 $2,534,045 I. FVmah ngs-$40.000 a 1 C. Sloan Drainage-$330.975 J. Signage $45.000 Anr ti D. Sanitary Sewer-$544,260 K. Fees.Overhead. E, Water utlliHes-$264,980 G.—al Condillons-$234,900 ,j I F. Parking Gmage-$4,203,750 ria°4> - $OFTCOSTS(FNG.SURVEY.GEOTECH)7.57- $323.382.00 CorsHngenty- $477,939.40 ,✓� Total Non-Finacing Public Cosa-$10,036,731.60 .w / b - r t , e _ Blackard Companies ®BRIDGMEW nE ::rgYe Page 54 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan I A Pontl antlG ding $10:500 H. Site lighting�$150,000 s Streets,Sidewalks,walls I. toad-aping I E Sanitary Sewer.$1 58,55000 R, Sig age g$45.000 y w J C Oftt.T M,Work $ D. St..Drainage-$258,150 L Fees Overhead:, ur n 4 " 680 General CondlBons-$289,900 F Woler Utilities $132,990 • �L �' G. Parking Garage-$4,203,750 6+"" � 14. SOFTCOSTS(ENG.SURVEY.GEOTECH)7.5%-$262,900.58 I e;,rig Contingency- $437,344.59 Tof S No F acing Public Costs-$9,184,236.15 k 1 • • • - �,e_ IEil acl idCnn�pS.ini�s i - n M I FTM �'�- ®UI11U(11 11W Page 55 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan 7. EXHIBIT A: Legal Description URBAN ENGINEERING April 24,2014 Job No.2612.$4.01 127.72 Acres STATE OF TEXAS COUNTY OF NUECES Fieldnotes for 127.72 Acres,more or less,comprised of All of Tracts t &2,The Pharaohs Country Club,a map of which is recorded in Volume 33,Page 69,of the Map Records of Nueces County, Texas,together with that portion of Nile Drive,a public roadway,as dedicated in said Volume 33,Page 69 and All of Block 3,Pharaohs Valley Northeast,a map of which is recorded in Volume 26,page 11,of the said Map Records,said 127.72 acre tract being more fully described as follows: Beginning on the Southwest R-O-W line of Ennis Joslin Road,a public roadway,the East comer of Block A,Pharaohs Valley Northeast,a map of which is recorded in Volume 31,Page 55 of the said Map Records,for the North comer of the said Tract I and this tract; Thence,South 33°46'30"East,with the common line of the said Southwest R-O-W and the Northeast line of the said Tract 1,508.39 feet,for a corner this tract and the point of curvature of a curve to the right,having a Central angle of 25°15'27",a radius of 1869.86 feet,an arc length of 824.28 feet,a chord bearing of South 21°08'46"East and a chord length of 81T63; Thence,with the said common line,with the arc of the said curve to the right,824.28 feet,to the North Comer of Tract 6,Pharaoh Valley Northeast Unit 1,a map of which is recorded in Volume 45, Page 115 of the said Map Records,the East comer of the said Tract 1,for a corner of this tract; Thence,South 78°03'07"West,with the Northwest line of the said Tract 6,Tract 5,Pharaoh Valley Southeast Unit I,a map of which is recorded in Volume 42,Page 141,of the said Map Records and Block 2,Pharaoh Valley Carriage Park East Town-Houses,a map of which is recorded in Volume 38, Page 9,of the said Map Records,the South line of the said Tract 1,1035.74 feet,for a corner of this tract and the point of curvature of a curve to the right,having a Central angle of 40159'33",a radius of 214.01 feet,an arc length of 153.11 feet,a chord bearing of North 81°27'07"West,a chord length of 149.87 feet; Thence,with the North line of the said Block 2,the South line of the said Tract 1,with the arc of the said curve to the right, 153.11 feet,for a corner of this tract; Thence,North 60°57'20"West,with the Northeast line of the said Block 2,Block 1,Pharaoh Valley Carriage Park Town-Houses,a map of which is recorded in Volume 33,Page 8,of the said Map Records,the Southwest line of the said Tract 1,820.00 feet,for a comer of this tract and the point of curvature of a curve to the left,having a Central angle of 90°00'00",a radius of 140.00 feet,an arc length of 219.91 feet,a chord bearing of South 74002'40"West,a chord length of 197.99 feet; Thence,with the North line of the said Block I,the South line of the said Tract 1,with the arc of the said curve to the left,219.91 feet,for a corner of this tract; S:1Surveying\26121B401\OFFICE\METES AND B0UNDS\FN127.72Acres_bmr.d0cx Page I of 5 (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPF Firm#145 a TBPLS Firm#10032400 Page 56 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Thence,South 29002'40"West,with the Northwest line of the said Block 1,the Southeast line of the said Tract 1,475.00 feet,to the North R-O-W line of McArdle Road,for a corner of this tract; Thence,North 60157'20"West,with the Northeast line of the said McArdle Road R-O-W, the Southwest line of the said Tract 1,360.00 feet,to East line of Block 10,Pharaoh Valley Southwest Unit 2,a map of which is recorded in Volume 29,Page 60,of the said Map Records,for a corner of this tract and the point of curvature of a curve to the left,having a Central angle of 20°38'00",a radius of 439.48 feet,an are length of 158.27 feet,a chord bearing of North 18°43'40"East,a chord length of 157.41 feet; Thence,with the East line of Lots 15-16,of the said Block 10,the West line of the said Tract 1, with the arc of the said curve to the left, 158.27 feet,for a corner of this tract; Thence,North 08°24'40"East,with the East line of Lots 11-15,of the said Block 10,the West line of the said Tract 1,448.44 feet for a corner of this tract and the point of curvature of a curve to the left,having a Central angle of 69122'00",a radius of 324.97 feet,an are length of 393.43 feet,a chord bearing of North 26°16'20"West,a chord length of 369.84 feet; Thence,with the Northeast line of Lots 8-11,of the said Block 10,the Southwest line of the said Tract 1,with the are of the said Curve to the left,393.43 feet,for a corner of this tract; Thence,North 60°57'20"West,with the Northeast line of Lots 1-8,of the said Block 10,the Southwest line of the said Tract 1,810.00 feet,to the East R-O-W of Nile Drive,for the West corner of the said Tract I and of this tract; Thence,North 60°58'50"West,crossing the said Nile Drive,at 60 feet,pass the West R-O-W of the said Nile Drive,the Northeast comer of Block 19,Pharaoh Valley Southwest Unit 1,a map of which is recorded in Volume 28,Page 94,of the said Map Records,a Southeast comer of the said Tract 2,in all 70.00 feet,for a comer of this tract and the point of curvature of a curve to the left,having a Central angle of 90°00'00",a radius of 585.50 feet,an arc length of 919.70 feet,a chord bearing of South 74°0 P 10" West,a chord length of 828.02 feet; Thence,with the Northwest line of Lots 3-12,of the said Block 19,the Southeast line of the said Tract 2, the arc of the said curve to the left,919.70 feet,for a comer of this tract; Thence,South 29°01'10"West,with the Northwest line of Lots 1-3,of the said Block 19,the Southeast line of Tract 2, 199.74 feet,to the North R-O-W of McArdle Road,the Southwest corner of the said Block 19,for a comer of this tract; Thence,North 61°00'00"West,with the said North R-O-W,the Southwest line of the said Tract 2,472.30 feet,to the South corner of Block 18,Pharaoh Valley West,a map of which is recorded in Volume 29,Page 100,of the said Map Records,for the West corner of the said Tract 2 and this tract; Thence,North 28°58'20"East,with Southeast line of Lots 1-18,of the said Block 18,the Northwest line of the said Tract 2, 1434.11 feet,for a comer of this tract; Thence,North 43°17'48"West,with the Northeast line of Lots 18-25,said Block 18,the Southwest line of the said Tract 2,615.54 feet,to a Southeast comer of Block 24,Pharaoh Valley North Unit 2,a map of which is recorded in Volume 32,Page 72,of the said Map Records,for a West corner of the said tract 2 and this tract; SiSurveying\2612M40IWFICF1METES AND BOUNDS%FN127.72Acres_bmr.docx Page 2 of 5 (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanen,g.com TBPE Firm#145•T13PLS Firm#10032400 Page 57 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Thence,North 29°02'40"East,with the Southeast line of Lots 19-22,of the said Block 24,the Northwest line of the said Tract 2,315.00 feet,for a corner of this tract; Thence,North 48°53'19"East,with the Southeast line of Lot 18,of the said Block 24,the Northwest line of the said Tract 2,62.49 feet,for the North comer of this tract; Thence,South 8047'59"East,with the Southeast line of Lot 16,of the said Block 24,the Northeast line of the said Tract 2,62.49 feet for a corner of this tract; Thence,South 60°57'20"East,with the Southwest line of Lots 15-9,of the said Block 24,Lots 2- 8,Blocks 24,Pharaoh Valley North Unit 1,a map of which is recorded in Volume 32,Page 30,of the said Map Records,the Northeast line of the said Tract 2, 1193.12 feet,to the West comer of Lot I A, Block 24,Pharaoh Valley North Unit 1,a map of which is recorded in Volume 53,Page 12,of the said Map Records,for a comer of this tract; Thence,South 51'5 1'53"East,with the Southwest line of the said Lot 1 A,the Northeast line of the said Tract 2,71.95 feet,for a comer of this tract; Thence,North 73°20'55"East,with the Southeast line of the said Lot I A,the North line of the said Tract 2,85.90 feet,to the Southwest R-O-W line of Pharaoh Drive,the East comer of the said Lot 1 A,for a corner of this tract and the point of curvature of a curve to the left,having a Central angle of 44'19'45",a radius of 345.00 feet,an arc length of 266.92 feet,a chord bearing of South 38°48'57"East,a chord length of 260.32 feet; Thence,with the Southwest line of the said Pharaoh Drive,the Northeast line of the said Tract 2, with the arc of the said curve to the left,266.92 feet,for a comer of this tract and the point of curvature of a reverse curve to the right,having a Central angle of 9000'00",a radius of 10.00 feet,an arc length of 15.71 feet,a chord bearing of South 15°58'50"East,a chord length of 14.14 feet; Thence,with the West line of the said Pharaoh Drive,the East line of the said Tract 2,with the arc of the said reverse curve to the right, 15.71 feet,to the East R-O-W of the said Nile Drive,for a corner of this tract; Thence,South 29°01'10"West,with the Northwest line of the said Nile Drive,the Southeast line of the said Tract 2,77.00 feet,to the East comer of Block 13,Pharaoh Valley Southwest Unit 1,a map of which is recorded in Volume 28,Page 94,of the said Map Records,for a corner of this tract; Thence,North 60158'50"West,with the Northeast line of Lot 1,of the said Block 13,the Southwest line of the said Tract 2, 125.00 feet,to the North comer of the said Block 13,for a corner of this tract; Thence,South 29°01'10"West,with the Northwest line of Lots 1-8,of the said Block 13,the Southeast line of the said Tract 2,640.00 feet,to the West comer of the said Block 13,for a corner of this tract; Thence,South 60°58'58"East,with the Southwest line of the said Lot 8,the Northeast line of the said Tract 2,at 125.00 feet,pass the West R-O-W of the said Nile Drive,in all 185.00 feet,to the East R- O-W of the said Nile drive,the West line of the said Tract 1,for a comer of this tract; S:1Su"eying\261213401\OFFiCEMETES AND BOUNDSTN127.72Acres_bmr.doex Page 3 or5 (361854-3101 2725 SWANTNER DR.•CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbanena.com TBPE Firm#145.TBPLS Firm#10032400 Page 58 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Thence,North 29'01'10"East,with the Southeast line of the said Nile Drive,the Northwest line of the said Tract 1,5.03 feet,to the West corner of Block 2,Pharaoh Valley Northeast,a map of which is recorded in Volume 26,Page 11,of the said Map Records,for a comer of this tract; Thence with the common line of the said Block 2 and the said Tract 1,as follows: • South 60057'20"East, 125.00 feet,for a corner of this tract; • North 29°02'40"East,290.00 feet,for a comer of this tract; • South 60°57'20"East, 145.00 feet,for a corner of this tract; • North 29°02'40"East,57.30 feet,to the South R-O-W line of Cairo Drive,for a corner of this tract and the point of curvature of a curve to the Left,having a Central angle of 34°54'54",a radius of 50.00 feet,an arc length of 30.47 feet,a chord bearing of South 60°57'20"East,a chord length of 30.00 feet; • With the arc of the said Curve to the left,30.47 feet,for a corner of this tract; • South 60°57'20"West,57.30 feet for a comer of this tract; • South 60°5720"East,290.00 feet for a corner of this tract; • North 29°02'40"East,57.30 feet,to the South R-O-W line of Sudan Drive,for a corner of this tract and the point of curvature of a curve to the Left,having a Central angle of 34°54'54",a radius of 50.00 feet,an arc length of 30.47 feet,a chord bearing of South 60°57'20"East,a chord length of 30.00 feet; • With the arc of the said Curve to the left,30.47 feet,for a comer of this tract; • South 29°02'40"West,57.30 feet for a comer of this tract; • South 60°57'20"East,290.00 feet for a comer of this tract; • North 29°02'40"East,72.30 feet,to the South R-O-W line of Karnak Drive,for a corner of this tract and the point of curvature of a curve to the Left,having a Central angle of 34°54'54",a radius of 50.00 feet,an arc length of 30.47 feet,a chord bearing of South 60°57'20"East,a chord length of 30.00 feet; • With the arc of the said Curve to the left,30.47 feet,for a corner of this tract; • South 29°02'40"West,72.30 feet,for a corner of this tract; • South 60°57'20"East,95.00 feet,for a comer of this tract and the point of curvature of a curve to the Left,having a Central angle of 90100'00",a radius of 50.00 feet,an are length of 78.54 feet,a chord bearing of North 74°00'00"East,a chord length of 70.71 feet; • With the arc of the said Curve to the left,70.71 feet,to the West line of Block 3,Pharaoh Valley Northeast,a map of which is recorded in Volume 26,Page 11,of the said Map Records,for a comer of this tract; Thence,North 29°02'40"East,with the Southeast line of Lots 34-37,of the said Block 2,the Northwest line of the said Block 3,375.00 feet,to the Southeast R-O-W line of the said Pharaoh Drive, the North corner of the said Block 3,for a corner of this tract; Thence,South 60°57'20"East,with the Southeast line of the said Pharaoh Drive,the Northeast line of the said Block 3,320.00 feet,to the North comer of,Block 4,of the said Pharaoh Valley Northeast,the East comer of the said Block 3,for a comer of this tract; Thence,South 29°02'40"West,with the Northwest line of Lots 1-4,of the said Block 4,the Southeast line of the said Block 3,370.00 feet,to a corner of the said Tract 1,for a corner of this tract and the point of curvature of a curve to the left,having a Central angle of 9000'00",a radius of 50.00 feet,an arc length of 78.54 feet,a chord bearing of South 15°57'20"East,a chord length of 70.71 feet; S:(Surveying\26121B40110FFICEIMETES AND B0UNDSTN127.72Acres_bmr.docx Page 4 of (361)854-3101 2725 SWANTNER DR..CORPUS CHRISV,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145.TBPLS Firm#10032400 Page 59 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan Thence,with the are of the said Curve to the left,70.71 feet,for a corner of this tract; Thence,with the common line of the sad Block 4 and the said Tract 1 as follows: • South 60157'20"East,95.00 feet,for a comer of this tract; • North 29°02'40"East,72.30 feet,to the South R-O-W line of Luxor Drive,for a corner of this tract and the point of curvature of a curve to the Left,having a Central angle of 34°54'54",a radius of 50.00 feet,an arc length of 30.47 feet,a chord bearing of South 60°57'20"East,a chord length of 30.00 feet; • With the arc of the said Curve to the left,30.47 feet,for a comer of this tract; • South 29°02'40"West,72.30 feet,for a corner of this tract; • South 74°04'20"East,297.76 feet,for a corner of this tract; • North 29°02'40"East,64.72 feet,to the South R-O-W line of Memphis Drive,for a corner of this tract and the point of curvature of a curve to the Left,having a Central angle of 34°54'54",a radius of 50.00 feet,an arc length of 30.47 feet,a chord bearing of South 60°58'3 l"East,a chord length of 30.00 feet; • With the arc of the said Curve to the left,30.47 feet,for a corner of this tract; • South 29°02'40"West,57.74 feet,for a corner of this tract; Thence,South 74°04'20"East,at 152.25 feet,pass the West corner of Block A,Pharaoh Valley Northeast,a map of which is recorded in Volume 3l,Page 55,of the said Map Records,the Southeast comer of the said Block 4,in all 204.66 feet,for a comer of this tract and the point of curvature of a curve to the Left,having a Central angle of 53'l 4'20",a radius of 387.10 feet,an are length of 359.69 feet,a chord bearing of North 79'l 9'30"Fast,a chord length of 346.89 feet; Thence,with the common line of the said Block A and the said Tract 1,the are of the said Curve to the left,346.89 feet,for a corner of this tract; Thence,North 52°41'20"East,with the Southeast line of the said Block A,the Northwest line of the said Tract 1,239.89 feet,to the Point of Beginning,containing 127.72 acres(5,563,545 square feet)of land,more or less. Bearings based on the record plat of The Pharaohs Country Club,a map of which is recorded in Volume 33,Page 69,of the said Map Records,(not based on an on-the-ground survey), Unless this Field Notes Description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility or liability for its accuracy. Also reference accompanying sketch of tract described herein. OF URBAN ENGINEERING 1Cr..P w, .e.r'{ .• ................4Y Keith W.Wooley,R.P.L.S. :• r1% ys% a°�• License No.5463 Zti°Fss�oa S:\Surveying\26121B401\OFFICEMETES AND B0UNDS1FN127.72Acres_bmr.dNx Page 5 of 5 (361)854-3101 2725 SWANTNER DR..CORPUS CHRISTI,TEXAS 78404 FAX(361)854-6001 www.urbaneng.com TBPE Firm#145.TBPLS Firm#10032400 Page 60 of 61 Tax Increment Reinvestment Zone #6 Preliminary Project & Financing Plan URBAN r-wo--r—An ENGINEERING I—wo"'Mri mt,r•1.1 2? -o A`or- I oancr=m. -ne intertian of th=Ie:ter ,_ to_orrec:Ln_ F e d-u:=s for 127.72 Acis o'Lanc. dal ea AF:A=,1 2'-1.1 J� humhe 2F}12.61.0' and sign=d Lp K=ith'.'v.'.4aalep .',L.S. Vumoe MiGs Lnai eon:a rr:; a c;a :r-w. -ne saic F e!dro:e_slaLes on page 4,unser.he sec:;or -n=nc=with.he coTmon line :"u: :;aic Ek.-A 2 and Lne saia Traci 1,as follovrs.:'a bearina and dastam a of: `5ou'h",'C71 57 2C'-'A-st,57.30 Feel,for a comer of this tract;' Tne corract to=-wring are cisNance should rssad: `5oulh23'O2'4 'A st.57.30 Fee'.fora c --o- �: i:;'.r{.cL' This is to certify that the sa!d core:1 or s Irue to tic -c---'c:I rir; f ov,ocg] :ins :+t: 1:' -h s con•ec'ion rices not::-rsii_Le a curre,-L on-Lne-gourd swv, ,-;L•X ,••c, Eu ee;,r -h--. -,c mvest,gaLuor.cr naependerL s=arcn to curr=n:r=co .i r; c:x-imr l ip c:f:i:l-: c-:Ah--:r d�) umer;ts 1ha'may have heegn reoorde-d af:=r Lh=se F`elcnotes were or-..i--:i I LREN: NIEEIt+FG Brian d-Larentson R.P.L.S.Ni).6938 2725 Swanriner Or.,CoypusChrisb,T7(78404 I 3101 AfA.3101 I TPSLS E,14S S•1Og324O6 I urbwemg.corn Page 61 of 61 Ordinance designating 127.72 acres within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing District to be known as "Reinvestment Zone Number Six, City of Corpus Christi, Texas" pursuant to petition by owners of Barisi Village properties; setting a maximum City financial participation and a maximum City contribution of $32,000,000; and establishing a Board of Directors for the Reinvestment Zone. WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by its enactment of the Tax Increment Financing Act, Chapter 311 , Texas Tax Code ("Act"); WHEREAS, Barisi Village LLC, the sole owner of the subject property with the exception of the right-of-way known as Nile, has petitioned the City of Corpus Christi ("City") to establish a reinvestment zone ("Zone"), as authorized by section 311.005(a)(4) of the Act, within the area of the City as described in Exhibit "A," and depicted by map in Exhibit "B," which exhibits are attached to and incorporated into this ordinance; and the City has determined that the petition complies with all requirements of the Act; WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and correct copy of which is attached to and incorporated into this ordinance as Exhibit "C," and has taken and shall take all other actions required under Section 311 .003 of the Act; WHEREAS, the preliminary reinvestment zone financing plan provides that the ad valorem taxes of the City constituting its tax increment are to be deposited into the Tax Increment Fund created by this ordinance, and that ad valorem taxes of any other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan; WHEREAS, in compliance with the Act, the City called a public hearing to hear public comment on the creation of the proposed zone and its benefits to the City and the property in the proposed zone; WHEREAS, in compliance with the Act, notice of the public hearing was published in the Corpus Christi Caller-Times, a daily newspaper having general circulation in the City, the publication date being not later than seven days prior to the date of the public hearing; WHEREAS, the hearing was convened at the time and place mentioned in the published notice, to-wit, on , at the Regular Meeting of the City Council commencing at 11 :30 a.m., at the Corpus Christi Regional Transportation Authority 2nd Floor Board Room, which hearing was conducted, in accordance with the Texas Open Meetings Act and then closed; WHEREAS, the City, at the hearing, invited and permitted any interested person to speak for or against the creation of the zone, its boundaries, and the concept of tax increment financing; WHEREAS, all owners of property located within the proposed zone were given a reasonable opportunity to protest the inclusion of the property in the proposed zone; WHEREAS, City Council considered all information provided to it relevant to the merits of creating the zone, consistent with the criteria in Chapter 311 ; and WHEREAS, all requirements of the Act have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. FINDINGS. The City Council, after conducting the above-described public hearing and having heard all evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: (a) That the facts and recitations contained in the preamble of this Ordinance are hereby found and declared to be true and correct and are adopted as part of this Ordinance for all purposes. (b) That the Zone is a contiguous geographic area located wholly within the corporate limits of the City. (c) That the proposed zone meets the criteria and requirements of Texas Tax Code §311 .005 because the Zone is an area described in a petition requesting that the area be designated as a reinvestment zone by the owners of property constituting at least 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is located. (d) That the total appraised value of taxable real property in the proposed reinvestment zone and in existing reinvestment zones within the City according to the most recent appraisal rolls for the City, does not exceed 25 percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City. (e) That the improvements to be implemented in the proposed zone will significantly enhance the value of all taxable real property in the proposed zone and will be of general benefit to the City. (f) The development or redevelopment of the property in the proposed zone will not occur solely through private investment in the reasonably foreseeable future. SECTION 2. DESIGNATION AND NAME OF THE ZONE. The City Council designates as a reinvestment zone the area described by the metes and bounds in Exhibit "A" and depicted by map in Exhibit "B" to promote development and redevelopment of the area, which development or redevelopment the City Council determines will not occur solely through private investment in the reasonably foreseeable future. The reinvestment zone shall be identified as Reinvestment Zone Number Six, City of Corpus Christi, Texas" ("Zone" or "Reinvestment Zone"). The Zone shall be informally referred to as TIRZ #6 (Barisi Village). SECTION 3. BOARD OF DIRECTORS. That a Board of Directors for the Zone (the "Board") is established, which consists of up to 9 members. The Board shall be appointed as follows: (a) Under Section 311 .009(b), Tax Code, the respective governing bodies of each taxing unit other than the City 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. 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 thirty days of receiving written notice of its right to appoint. (b) The member of the state senate in whose district the zone is located is a member of the board, and the member of the state house of representatives in whose district the zone is located is a member of the board, except that either may designate another individual to serve in the member's place at the pleasure of the member. (c) The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. (d) Terms of Board members, except for the members of the state senate and state house of representatives, are two years. Officers must be appointed as provided in the Act. (e) The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone and submit the plans to the City Council for its approval under Section 311 .011 , Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. SECTION 4. DURATION OF THE ZONE. The Zone shall take effect immediately upon the passage of this Ordinance. Termination of the Zone occurs on December 31 , 2043, at an earlier or later time designated by subsequent ordinance of the City Council, at the time as all project costs, and all tax increment bonds and interest on any bonds, have been paid in full, or at the time that the total amount of increment collected from all participating tax entities reaches the maximum increment collection of $60,000,000. SECTION 5. TAX INCREMENT BASE. That the Tax Increment Base of the City or any other taxing unit participating in the Zone is the total appraised value of all real property taxable by the City or other taxing unit participating in the Zone and located in the Zone, determined as of January 1 , 2024, the year in which the Zone is designated as a reinvestment zone (the "Tax Increment Base"), is shown in Exhibit "D", which will be attached to and incorporated in this ordinance. The valuations as of January 1 , 2023, are included in the Exhibit "D" at the time of designation, but must be replaced with the January 1 , 2024, valuations once the certified roles are available to the City. SECTION 6. TAX INCREMENT FUND. There is created and established a Tax Increment Fund for the Zone, which may be divided into the accounts and subaccounts, as deemed necessary or convenient under generally accepted accounting principles for government, into which all tax increments, less any amounts not required to be paid into the Tax Increment Fund under the Act, are to be deposited. The Tax Increment Fund may be utilized only for purposes permitted by the Act and managed under the Act. SECTION 7. CITY'S PLEDGED INCREMENT. The amount of tax increment that the City contributes to the Tax Increment Fund for each year of the remain term is as shown in the table below. The City's total contribution will not exceed $32,000,000. Tax years 2025-2033 95% Tax year 2034 90% Tax year 2035 80% Tax year 2036 70% Tax year 2037 60% Tax year 2038 50% Tax year 2039 40% Tax year 2040 30% Tax year 2041 20% Tax year 2042 15% Tax year 2043 10% Tax year 2044 5% SECTION 8. IMPLEMENT THE PROJECT PLAN. The City Council finds that the creation of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which are necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, constitute a program to promote local economic development and to stimulate business and commercial activity in the City. SECTION 9. SEVERABILITY. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of ' 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary TIRZ #6-Barisi Village Developer Requested Tax Increment Reinvestment Zone Council Presentation - January 9, 2024 Overview ➢ 127 acres of the former Pharaoh Valley Alf Country Club ➢Developer is sole owner of the parcel S r ,IIS C ➢ The land has both a Planned Unit Development (PUD) and deed restrictions that require it to be developed as a high-density village. ➢This can only be changed through a public vote. z 41� Ar 1619 _ 1�ffvtlml CIS_ w ^ r t� vo FUTUR Ar IL i Jill ' .�. � :mit•` � „< Barisi Village `J site Plan t' Proposed Development • Village-type development • Includes: • 1,350 multifamily units • 210 Townhomes • 350 Age Restricted Units • 57 Single Family Homes • 120 Key Hotel p • 96,000 square feet of retails ace • 1,750 spaces in structured parking 1111 ..: garages .11 1111 � .,,, .,., „ • Public Par 3 Golf Course, sport courts, ��' a • �--- and nature preserve • Village plazas,bell tower,wedding °-- chapel, and event space " • Estimated timeline for buildout of 10-12 years • Anticipated taxable value of$800M-$1B at completion 4 . - r i��� � ���411►ilP�'T�1 �`:6���!�ri�`J'..�71�!�'��G`�'�rrF4t�� « 1► �.,� '+� Cl) ;.i+r7# ■"+a�`�''' ,�' �`� �` 1. '" � °;�'..-. � ��, C� ■ c. a >� rI 390.bblb ' +►' Phase 2- $18,525,695.02 Phase 3 Phase 4 z $5,556,565.85 $10,036,731.60 t 'Sea .rye.� � �.fi� ���1 L� � ��•. � .■� �•�a+; ,R��- ,. � IIS,, �� �� ��������� .■ � ■ w !f ,. err �,` �� �■`� d..� �- w� >1 a ■■ end :_t d• .. ' �.+ . ,;' _�-I i:" Barisi Village B a d o • anies PUBLIC COSTS PER PHASE-$58,993,019.29 © E3.... •IDGEV EW . .a Structured Parking Wayfinding,Signage and Lightin -Project to comply with site's PUD that requires -Project to help with enhancing landscaping and -Project that will improve the public pedestrian limited surface parking. irrigation through out the zone. realm -Parking structures must be built to comply with -Creates a more attractive driving and walking -includes sidewalks,decorative paving,street density requirements. experience. furniture,signs,enhanced crosswalks,and -First floors available for public parking pedestrian-friendly lighting. Traffic and Street Improvements Parks and Fountains Public Restrooms Village-Style Public Plaza&Tower -Project to improve public safety and -Project to create and improve parks -Project to provide adequate public -Project to support the development accessibility. and public spaces restrooms within the zone. of a village-style public plaza with -includes development of streets, -These improvements can attract shops,restaurants,public event • sidewalks,and traffic improvements more activity,create a sense of space,and an iconic bell tower place,and enhance the quality of structure. life within the zone. -Creates a vibrant and lively destination for social and cultural activities Supplemental Public Safety Nature Preserve,Goff&Walking Trail Public Sewage,Storm and Water Infrastructure -Project to enhance the ambient lighting of the -Project to create a public nature preserve,par 3 -Project for essential stormwater drainage,sanitary site. golf course and walking trail. sewer and water systems. -Provides a unique recreational and educational -Mandated by the site's PUD opportunity for residents and visitors as well as enhance the natural beauty and biodiversity ofthe site. 6 Public Sewage,Storm,&Water 8,870,640 Public Restrooms 125,000 Structured Parking 17,353,650 Village-Style Public Plaza&Tower 1,125,000 Landscaping 1,600,000 Supplemental Public Safety 675,000 Wayfinding,Signage,&Lighting 225,000 Nature Preserve,Golf,&Walking Trail 5,431,950 • Traffic&Street Improvements 15,886,145 Contingency,Professional fees, 6,648,134 General Conditions,&Soft Costs Park&Fountains 890,000 Requested Public Improvements, Facilities, & Infrastructure Reimbursement: $58,830,519 Projected Project Totals • Public Improvements,Facilities,&Infrastructure $58,830,519 Administrative Costs $2,000,000 Total Requested to be Reimbursed by the TIRZ $60,830 ,5197 Development Phases Phase 1 Phase 2 Phase 3 Phase 4 Phase 5 Total Reimbursement Requested $15.6M $18.5M $5.5M $10.0M $9.2M $58.8M Development per Phase Multi-Family Units 345 345 330 330 1,350 Town Homes 40 85 85 210 Age Restricted Units 350 350 Hotel (Keys) 120 120 Commercial (Sq/Ft) 36,000 20,000 15,000 25,000 96,000 Structured Parking(spaces) 400 450 450 450 1,750 City Participation Taxing Entity Percentage Total based on 2023 tax rates City 52% Nueces County 25% Del Mar College 23% Developer Requested Reimbursement $58,830,519 Administration Fee $2,000,000 Total Reimbursement $60,830,519 City Participation at 52% $31,631,869 Estimated Captured Values City Non- Requested Contributed Contributed Year Contribution Assumed Taxable Value 100%Tax Revenue Increment Increment 1 95% $ 27,910,94C $ 164,055 $ 155,852 $ 8,203 2 95% $ 90,152,336 $ 529,896 $ 503,401 $ 26,495 3 95% $ 151,307,758 $ 889,355 $ 844,887 $ 44,468 4 95% $ 235,315,611 $ 1,383,135 $ 1,313,978 $ 69,157 5 95% $ 293,263,259 $ 1,723,738 $ 1,637,552 $ 86,187 6 95% $ 350,440,257 $ 2,059,813 $ 1,956,822 $ 102,991 7 95% $ 400,536,365 $ 2,354,267 $ 2,236,553 $ 117,713 8 95% $ 460,931,556 $ 2,709,257 $ 2,573,794 $ 135,463 9 95% $ 514,342,402 $ 3,023,194 $ 2,872,034 $ 151,160 10 90% $ 578,151,775 $ 3,398,252 $ 3,058,427 $ 339,825 11 80% $ 614,242,328 $ 3,610,384 $ 2,888,308 $ 722,077 12 70% $ 632,669,598 $ 3,718,696 $ 2,603,087 $ 1,115,609 13 60% $ 657,747,286 $ 3,866,097 $ 2,319,658 $ 1,546,439 14 50% $ 677,479,704 $ 3,982,080 $ 1,991,040 $ 1,991,040 15 40% $ 697,804,095 $ 4,101,543 $ 1,640,617 $ 2,460,926 16 30% $ 718,738,218 $ 4,224,589 $ 1,267,377 $ 2,957,212 17 20% $ 740,330,365 $ 4,351,503 $ 870,301 $ 3,481,202 18 15% $ 762,509,376 $ 4,481,866 $ 672,280 $ 3,809,586 19 10% $ 785,384,657 $ 4,616,322 $ 461,632 $ 4,154,690 20 1 5% $ 808,946,197 $ 4,754,812 $ 1 $ 4,517,071 Total $ 59,942,853 $ 32,105,340D$ 27,837,51 Proposed contribution from City-$32,000,000 Next Steps ➢ Interlocal agreements approved by participating taxing entities ➢ Receive application for TIRZ Board Members ➢ Second Reading of creation ordinance ➢ Approve Interlocal agreements ➢ Appoint TIRZ Board Members ➢ TIRZ Board approves Project and Financing Plan ➢ City Council approves Project and Financing Plan (Two Readings) ➢ TIRZ Board approves Developer Agreement ➢ City Council approves Developer Agreement 11 Recommendation Approve the first reading of the ordinance creating Tax Increment Reinvestment Zone #6 -Barisi Village with a base year of tax year 2024 and City participation not to exceed $32,000,000. Participation of other taxing entities will be added at second reading. Questions ? so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of January 9, 2024 DATE: January 9, 2024 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarczyk, Director RyanS5@cctexas.com (361) 826-3622 Briefing on Changes to the Nueces County Appraisal District STAFF PRESENTER(S): Name Title/Position Department 1. Ryan Skrobarczyk Director Intergovernmental Relations OUTSIDE PRESENTER(S): Name Title/Position Agency Name 1. Elias Sissamis Director of Administration NCAD 2. Belinda Hinojosa-Persohn Attorney NCAD BACKGROUND: In Senate Bill 2 (88th Legislature, Second Special Session), the Texas Legislature approved changes to appraisal districts impacting Nueces County. Among the statutory changes made by SB 2 for counties with populations of 75,000 or more, the new law modifies the appointment process for appraisal district board members and creates county-wide publicly elected positions on the appraisal board. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Changes to the Nueces County Appraisal District Briefing Changes to the Nueces County Appraisal District Ryan Skrobarczyk ,,�► Director, Intergovernmental Relations January 9, 2024 Texas Legislature Requires Changes The Texas Legislature passed Senate Bill 2, a comprehensive property tax reform bill, in July 2023. Newly created Tax Code 6.0301 requires specific appraisal district reforms to "populous" counties with a population of 75,000 or more. .` Texas Legislature Requires Changes The changes affecting the Appraisal District Board include: 1 . Creating 3 At-Large Publicly Elected Directors 2. Modifying the appointment process for 5 appointed Directors 3. Makes the Tax Assessor-Collector a voting member in ex- officio capacity 4. Altering the total number of Directors e Current Appointed NCAD Board of Directors . , . . . , , Place 1 Caitlyn Chupe CCISD Place 2 Susie Sullivan CCISD Place 3 Deven Bhakta City of Corpus Christi Place 4 Jerry Garcia City of Corpus Christi Place 5 Gabriele Hilpold Nueces County Place 6 Leo Gonzalez Elected by Taxing Entities Place 7 Luis Elizondo Elected by Taxing Entities Place 8 DeeAnna Cates Heavilin Del Mar College Tax Assessor-Collector Kevin Kieschnick Elected Publicly „,fqw_e)v 1 ) 3 New Publicly Elected Directors • 3 county at-large seats will be added to the NCAD Board in July 2024 • The seats require a "majority vote” meaning the potential for run-offs and are place-specific. • Nueces County has already posted the notice of the deadline for application for the positions • Applicants can apply for the ballot from January 17 — February 16 • Public election to be held May 4, 2024 • Positions will be Seated on Board on July 1, 2024 ZN-i 1 , 3 New Publicly Elected Directors Eligibility requirements and restrictions for candidates are laid out under statute and include: • 2-year residency requirement in Nueces County • Not an employee of a taxing unit, unless also a board member • Not completed all or part of 5 terms on NCAD, unless they were the Tax Assessor- Collector • Not more than 2nd degree of consanguinity (blood) or affinity (marriage) of an individual who provides appraisals for compensation for proceedings under the Tax Code or represents property owners in such proceedings • Complete list can be found on the Nueces County webpage with applications for positions .,fq__M_e)v 5 New Appointed Directors • Dec. 31, 2024 — All 8 current appointed directors' terms end • This fall, the Council will participate in a nomination and ballot process with all other eligible Nueces County taxing entities (22 in total) to appoint 5 Directors to replace the current 8 Directors. • Each taxing unit may nominate one candidate per position • Jan. 12025 - Terms for these new 5 Directors begin 2) 5 New Appointed Directors 2024 Deadlines for Process With New Appointed Directors • October 1, 2024 - The Chief Appraiser will notify the City Council of its vote entitlement based on the prior year's certified tax levy • October 15, 2024- Council will approve nominees by resolution and send to the Chief Appraiser • October 30, 2024 - The Chief Appraiser will return to all eligible taxing entities a ballot with the nominated candidates • By the Second Open Meeting after Ballot Received - Council will then allocate City of Corpus Christi votes to candidates • Chief Appraiser tallies votes and notifies entities of appointees with sufficient votes 2) 5 New Appointed Directors Estimate 2024 City of Corpus Christi Vote Entitlement Formula: City of CC Tax Levy in 2023/Total Tax Levy by Eligible Entities in 2023 x 1000 x 5 positions $ 176,069,327 / $801,125,267 x 1000 x 5 positions = 1,099 votes 2) 5 New Appointed Directors Ranked list of Eligible Entities Based on 2023 Tax Revenue 1. Corpus Christi ISD 14. Bishop CISD 2. City of Corpus Christi 15. City of Robstown 3. Nueces County 16. Agua Dulce ISD 4. Del Mar College 17. Driscoll ISD 5. Port A. ISD 18. City of Bishop 6. TM ISD 19. City of Aransas Pass 7. Flour Bluff ISD 20. Aransas Pass ISD 8. Calallen ISD 21. City of Agua Dulce 9. City of Port Aransas 22. City of Driscoll 10. London ISD 11. West Oso ISD Total of 5,000 votes available in 2024 12. Robstown ISD 13. Banquete ISD fq__M � 3) Tax Assessor-Collector To Become Voting Member • Tax Code 6.0301 states the "county assessor-collector serves as on ex officio director." • The Nueces County Tax Assessor-Collector will become an ex-officio director effective July 1, 2024 4) Alter the Total Number of Directors Ongoing Total Votes on 8 12 9 Board 12 Changes to the Nueces County Appraisal District under SB 2 Directors Current Custom A• Ongoing under 6.031 Transition Year Under 6.0301 Taxing Entity Appointed 8 Directors with 2-year 8 Directors' terms end Dec 5 appointed* with transition terms 31, 2024 methodology City and other eligible 2 seats dedicated to the City entities will participate in Working toward 4-year of Corpus Christi new appointments* process staggered terms Publicly Elected N/A 3 publicly elected in place- 3 publicly elected Directors specific seats for term expiring Dec 31, 2026 Working toward 4-year Majority Vote Required staggered terms Tax-Assessor Collector 1— non-voting 1—voting ex officio 1—voting ex officio Total Votes on Board 8 12 9 * Votes from all eligible NCAD taxing entities will elect the future "appointments" • • 1�+ • • 14 LES Cp J J6 y bh R9is,�P9�P JVueces CountyAppraiwfDistrict Ramiro "Ronnie" Canales Offsce.(361)881-9978 201 N.Chaparrg Sta 206 'Fax(361)887-6721 Corpus Chi Texas 78401-2503 Nueces County ChiefAppraiser infognuecescad net District The Nueces County Appraisal District (District, CAD) was established in 1979 by the Texas Legislature with the Board of Directors meeting for the first time on March 20, 1980.The District is responsible for appraising property in Nueces County for ad valorem tax purposes of the state and of each taxing unit that imposes ad valorem taxes. The District is an independent political subdivision of the State of Texas. Taxing Entities Participating in the District City of Agua Dulce Agua Dulce ISD Drainage#2 Robstown City of Aransas Pass Aransas Pass ISD Drainage#3 Bishop City of Bishop Banquete ISD Nueces County Water District#4 (1) City of Corpus Christi Bishop ISD Banquete Water District#5 (1) City of Driscoll Calallen ISD Emergency Services District#1 City of Port Aransas Corpus Christi ISD Emergency Services District#2 City of Robstown Driscoll ISD Emergency Services District#3 Del Mar Jr College Flour Bluff ISD Emergency Services District#4 Hospital District London ISD Emergency Services District#5 Nueces County Port Aransas ISD Emergency Services District#6 Port Authority of Corpus Christi (1) Robstown ISD Farm to Market Road Tuloso-Midway ISD South Texas Water Authority West Oso ISD Kenedy County Groundwater (1)not currently assessing ad valorem taxes Conservation District Board of Directors Role: Governance. Composition: There were legislative changes in 2023 that will become effective over time where the District's Board will be composed of nine (9) members: five (5) appointed by the taxing units participating in the District, three (3) At-Large places that are publicly elected by majority vote, and one (1) county Tax Assessor-Collector serving as an ex-officio voting member. 2024 will be a transition year whereby the existing eight (8) appointed members serve until December 31, 2024.The first election for At-Large places will be May 4, 2024. Term:Staggered four(4)years,with initial transition methodology to establish staggering.At-large elected places will commence serving July 1, 2024 for a term that expires December 31, 2026. Board Member Eligibility Candidates for publicly elected At-Large Places must meet the following eligibility requirements: ■ be a United States citizen; ■ be 18 years of age or older on the first day of the term (July 1, 2024)to be filled at the election; ■ be a resident of Nueces County for two years immediately prior to date taking office; ■ not been determined by a final judgment of a court exercising probate jurisdiction to be: (A) totally mentally incapacitated; or (B) partially mentally incapacitated without the right to vote; ■ not been finally convicted of a felony from which the individual has not been pardoned or otherwise released from the resulting disabilities; ■ be a registered voter in Nueces County; ■ not an employee of taxing unit participating in the District, unless the individual is also member of the governing body or elected official of a taxing unit that participates in the District; ■ not previously served all or part of five (5)terms on the District Board of Directors, unless the individual was serving at the time as the tax assessor-collector; ■ not own property on which delinquent property taxes have been owed for more than 60 days after the date the individual knew or should have known of the delinquency, unless the individual is paying the delinquent taxes and any penalties and interest under an installment payment agreement or has deferred or abated a suit to collect the delinquent taxes; ■ not have appraised property for compensation for use in proceedings under the Tax Code, represented property owners for compensation in proceedings under the Tax Code, or been a District employee at any time within the preceding three years; ■ not be related within 2nd degree by consanguinity (blood) or affinity (marriage) per Chapter 573 Government Code to an appraiser of property for compensation for use in proceedings under the Tax Code or represent any property owner(s)for compensation in such proceedings (see chart below); 6y{nnsmnSukk ly Cavi—gui gyCanaanguiv:ity iPnm % = uea+dpatrnn . GWAIgrJix;;Lwr&ti By rLMM'ay . 9whets&slsten Miem&ne'p • I . I ivee II}Igdanue' 9Y Afi Nty - UrRt$.WKG" $pease woft l4egr"cowetgu - Na pohlbm+as • Spftie'�p mgwoep4mm Spoasetchkh% Spous 's granschlklvem . Syeprarmct - SpoL"s 6ro:hertR sitLerc ■ not be a party to or have a substantial interest in a business that is a party to a contract with either(1)the District or (2) a taxing unit participating in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code; and Note: A "substantial interest" in a business entity exists if: (1) the combined ownership of the individual and the individual's spouse is at least 10 percent of the voting stock or shares of the business entity, or(2) the individual or the individual's spouse is a partner, limited partner, or officer of the business entity. Note: A "business entity" means a sole proprietorship, partnership, firm, corporation, holding company,joint-stock company, receivership, trust, or other entity recognized by law. ■ Must satisfy any other eligibility requirements prescribed by law for the office.