HomeMy WebLinkAboutAgenda Packet City Council - 03/19/2024
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City of Corpus Christi | 1201 Leopard St. | Corpus Christi, TX 78401 | 311
City Declares Mandatory Stage 2 Water Restrictions
All Water CustomersUrged to Conserve Water
March 12,2024
CORPUS CHRISTI, TX –The City of Corpus Christi's combined reservoir storage levels
have dropped below 30%, triggering Stage 2 Water Shortage Conditions. As of March
12, City ManagerPeter Zanoni has implemented Stage 2 Watering Restrictions
consistent with City Council approved policy in the Drought Contingency Plan. Corpus
Christi Water customers have been in Stage 1 Water Restrictions since June 14, 2022
(636 days).
The water restrictions apply to all CCW customers in Corpus Christi, including
residential, multi-family, commercial and industrial.
The following Stage 2 Water Restrictions are now in effect:
Outdoor watering with irrigation or sprinklers is permitted once every other
week on residential trash pickup daybefore 10:00 a.m. or after 6:00 p.m.
Outdoor watering in the Calallen area will be based on the last digit of the
customer's address.
City crews will continue to prioritize responding to water system repairs and leaks.
The City will continue ongoing educational outreach on restriction requirements
and water level awareness.
Citations will be issued for failure to follow Stage 2 water restrictions after warnings
have been given. The citation could result in fines of up to $500 per violation per
day. Enforcement includes nights and weekends.
Irrigation of landscaped areas is permitted on any day if done by a hand-held hose (with a positive
shut-off valve), a faucet filled bucket of 5 gallons or by a drip irrigation system (with a positive
shut-off device).
Customers can reference their specific area's watering map and scheduleby visiting
www.cctexas.com.
Forupdates, follow Corpus Christi Water on social media channels on
Facebook@CCTXWaterand X @CCTXWater.
For more information, media representatives can contact Adrianna Escamilla, Corpus
Christi Water Strategic Business Manager, at 361-826-1682 or
AdriannaE@cctexas.com.
About Corpus Christi Water
For 130 years, the City of Corpus Christi has been vital as the water supplier for the
region. Our commitment to 500,000 residents across the Coastal Bend is to plan,
produce and deliver water that is affordable, drought-proof, sustainable, and reliable.
March 2024
DEAAGProject
Defense Economic Adjustment Assistance Grant Program.
Replacement of Failing and Deteriorating Natural Gas System at Naval Air
Station Corpus Christi.
March 2024
Project Summary
•Construction began in February 2022 and all
planned work has been completed.
•The project was completed with in-house
Corpus Christi Gas Construction Crews.
•CCGAS will continue to support NASCC with
its gas system in future upgrades and
maintenance activities.
Total Project Costs
$1,951,952
PROJECT COST LEVERAGE$ AMOUNTPERCENTAGE
2", 4”, & 6” Poly pipes installed.
45,700 ft.
DEAAG$901,95246%
NASCC$800,00041%
Service line installations.
70
City of Corpus Christi$250,00013%
March 2024
DEAAG Project Team
We appreciate the hard work of CCGAS and NASCC employees
ProjectDesign
who assisted in various project activities, and we extend special
In the design phase, CCGAS reviewed all gas
thanks to these key team members.
delivery points and identified all issues, from the
main lines to the meters. We worked with
NASCC to design a new, reliable gas system to
CCGAS Construction Team Members
meet their current and future gas needs.
Keith Rodriquez –Gas Construction Manager
Rey Chavez –Gas Construction Work-Coordinator
Coordination
Crew 220 –Leader, Abel Silva
The close working relationship that the NASCC
Crew 236 –Leader, Miguel Arredondo
and CCGAS has built over many decades was
key to successful completion of the project.
Crew 283 –Leader, William Morgan
Crew 234 –Frank Villagomez –Construction Foreman
CCGAS Construction
NASCC Team Members
An efficient and effective in-house construction
team is a long-standing tradition of CCGAS and
LTJG Steve Gottlieb, CEC,USN PWD Corpus Christi, APWO
is unique to the Utility industry. We take pride in
Susan Foreman, P.E. UEM Branch Head
our work and the ability to complete projects like
this for our customers.
Jason C. Walker, Engineering Technician
BUILDING STANDARDS BOARD
Four (4) vacancies with terms ending 3-3-2025, 3-3-2026 and 3-3-2027, representing the following preferred but not required categories: 2 - At-Large and 2 -
Alternate Members.
Duties
The Building Standards Board hears appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of
safety, health, and general welfare, through structural strength, stability, sanitation, adequate light and ventilation, and safety to life and property from fire and other
hazards incident to the construction, alteration, repair, removal, demolition, use and occupancy of buildings or structures.
Composition
Seven (7) members, each of whom shall be a resident of the city. aĻƒĬĻƩƭŷźƦ źƓ ƚƓĻ ƚƩ ƒƚƩĻ ƚŅ ƷŷĻ ŅƚƌƌƚǞźƓŭ ĭğƷĻŭƚƩźĻƭ źƭ ƦƩĻŅĻƩƩĻķ ĬǒƷ ƓƚƷ ƩĻƨǒźƩĻķʹ ƌğǞǤĻƩͲ
ƩĻğƌƷƚƩͲ ğƩĭŷźƷĻĭƷͲ ĻƓŭźƓĻĻƩͲ ŭĻƓĻƩğƌ ĭƚƓƷƩğĭƷƚƩͲ ŷƚƒĻ ĬǒźƌķĻƩͲ ƚƩ ĬǒźƌķźƓŭ ƒğƷĻƩźğƌƭ ķĻğƌĻƩͲ ğƓķ ƩĻƒğźƓźƓŭ ƒĻƒĬĻƩƭ ğƷ ƌğƩŭĻ from the residents of the city who are
homeowners.
Creation/Authority
Section 13-23, Code of Ordinances. Ordinance No. 7506 - 3-3-65; Ord. No. 9811 - 6-24-70; Ord. No. 13546 - 1-05-77; Ord. No. 022423 - 11-28-95; Ord. 032058 - 3-17-
2020; Ord. 032659 2-8-2022
MeetsMember SizeTerm Length / limitStaff Liaison
Every other month on the 4th Thursday, 1:30 p.m., Council 73 years / 6 yearsJessica Martinez
Chambers
Appointing
NameDistrictTermAppt. dateEnd dateAuthorityPositionStatusCategoryAttendance
Seeking 5/6 meetings - 83 %
reappointment(1 excused absence)
Catherine GiffinDistrict 212/23/20213/3/2024City Council ChairMember At-Large
Seeking
Merced V. PenaDistrict 212/22/20223/3/2024City CouncilreappointmentMember At-Large6/6 meetings - 100%
Vacant12/22/20223/3/2026City CouncilActiveAlternate
Vacant12/22/20223/3/2025City CouncilActiveAlternate
John B SolbergDistrict 512/22/20223/3/2025City CouncilActiveEngineer
Carlos MartinezDistrict 513/21/20233/3/2026City CouncilActiveEngineer
Monica ParesoDistrict 117/27/20213/3/2026City Council Vice-ChairActiveMember At-Large
3-19-2024
BUILDING STANDARDS BOARD
Applicants
NameDistrictStatusCategory
At-Large
Lindsy ClarkDistrict 4AppliedRealtor
At-Large
General Contractor
Home Builder
William B. Ewing Jr.District 4Applied
Steve GarzaDistrict 2AppliedAt-Large
Catherine GiffinDistrict 2Seeking reappointmentAt-Large
At-Large
General Contractor
Brandon HarperDistrict 3Applied
At-Large
General Contractor
Joseph E. HeardDistrict 5Applied
At-Large
General Contractor
Chic G. HendersonDistrict 2Applied
Daniel G. ParesoDistrict 1AppliedAt-Large
Merced V. PenaDistrict 2Seeking reappointmentAt-Large
Robert Reyna*District 2AppliedAt-Large
*Serves on the Board of Adjustment. Will resign if appointed.
CONSTRUCTION TRADE ADVISORY & APPEALS BOARD
One (1) vacancy with term ending 3-31-2026, representing the following category: 1 - HVAC Technician
Duties
The Construction Trade Advisory & Appeals Board shall advise the City Manager regarding any matter related to Construction that it considers should be brought to the
attention of the City Council. The Construction Trade Advisory & Appeals Board shall obtain public comment on the proposed adoption of or amendment to a national
model code.
Composition
Nine (9) members appointed to a three-year term by City Council. The Board shall have the guidance and assistance of the building official. The Board shall be composed
of one general contractor, one engineer or architect, one master electrician, one electrical contractor, one master plumber, one plumber contractor, one heating,
ventilation, air conditioning, and refrigeration contracting (HVAC) technician, one HVAC contractor, and one Texas professional land surveyor. Five members of the
board shall constitute a quorum.
Creation/AuthorityMeetMember sizeTerm length/limitStaff Liaison
Ordinance 032058 3-17-2020.Quarterly, 3rd Thursday of the month, 93 years / 6 yearsRuth Bocchino
1:30 p.m., Council Chambers
Appointing
NameDistrictTermAppt. dateEnd dateAuthorityPositionStatusCategory
Vacant14/1/20233/31/2026City CouncilActiveHVAC Technician
Paul S. CervantesDistrict 528/11/20203/31/2026City CouncilActiveMaster Electrician
Tommie A Lee srDistrict 116/13/20233/31/2026City CouncilActiveHVAC Contractor
Leah TinerDistrict 416/13/20233/31/2026City CouncilActiveGeneral Contractor
Ty J GentryDistrict 516/13/20233/31/2026City CouncilActivePlumber Contractor
Jared Merdes P.E.District 128/11/20203/31/2026City Council ChairActiveEngineer/Architect
Texas Professional Land
Mr Ronald E BristerDistrict 522/23/20213/31/2026City CouncilActiveSurveyor
Mike DildyDistrict 413/8/20223/31/2026City CouncilActiveMaster Plumber
Jose L JimenezDistrict 322/23/20213/31/2026City CouncilActiveElectrical Contractor
3-19-2024
CONSTRUCTION TRADE ADVISORY & APPEALS BOARD
Applicants
NameDistrictStatusCategory
Juan EscamillaDistrict 5AppliedMaster Electrician
HVAC Technician
HVAC Contractor
Saul S. EsquivelDistrict 2Applied
Brandon HarperDistrict 3AppliedGeneral Contractor
Carlos MartinezDistrict 5AppliedEngineer or Architect
Robert C. MorrisDistrict 2AppliedGeneral Contractor
CORPUS CHRISTI AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT
Section 8811.024 of Texas Special District Local Laws Code requires City Council to confirm the election of officers annually. The board is
recommending the confirmation of the following officers: Dan McGinn as President, Andrew Molly as Vice-President and Jeffrey Edmonds as
Secretary.
Duties
The Corpus Christi Aquifer Storage and Recovery Conservation District develops and protects municipal aquifer storage areas created by the City of
Corpus Christi. The district may implement and develop aquifer storage and recovery projects.
Composition
Five (5) directors appointed by the City Council to serve four-year staggered terms. If a vacancy occurs on the board, the board may appoint a director
to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall
draw lots to determine which three (3) directors shall serve four-year terms that expire at the end of the calendar year four years after the effective
date of the Act, and which two directors shall serve two-year terms that expire at the end of the calendar year two years after the effective date of the
Act.
Creation/AuthorityMeetsMember size Term Length/Limit Staff Liaison
H.B. 3513 effective 6/18/05. Chapter 8811, On call5 4 years / N/A Maria Corona
Texas Special District Local Law Code
Appointing
NameTermAppt. dateEnd dateAuthorityPositionStatusCategory
Jeffrey Edmonds12/26/201912/31/2025City CouncilSecretaryActive
Dan McGinn37/9/201512/31/2027City CouncilPresidentActiveDirector of Planning
Andrew Molly112/12/202312/31/2027City CouncilVice PresidentActiveChief Operating Officer of CCW
Nick Winkelmann112/12/202312/31/2025City CouncilActiveAssistant Director of CCW
Tyler MillerPartial12/12/202312/31/2025City CouncilActiveDeputy Director of Airport
3-19-2024
ISLAND STRATEGIC ACTION COMMITTEE
Eight (8) vacancies with terms ending 3-23-2027, representing the following preferred but not required categories: 2 - At-Large, 1 - Construction Contractor, 1 -
Professional Engineer, 1- Residential Property Owner, 1 - Realtor, 1 - Environmental Group and 1 - Mustang Island Rep.
Duties
The Island Strategic Action Committee (ISAC) advises the Mayor and City Council on development and implementation of the Mustang-Padre Island Area Development
Plan. The ISAC shall develop specific strategies for implementation of the Mustang-Padre Island Development Plan with specific timelines to implement the respective
strategies and a clear determination of which agency or individual is responsible to implement specific projects or programs.
Composition
The committee shall consist of fourteen (14) members appointed by the City Council. Membership in one or more of the following categories is preferred but not
required: Padre Isles Property Owners Association, residential property owner who owns property and resides on Mustang or Padre Island; commercial property owner
who owns property and operates a business on Mustang or Padre Island; developer of property on Mustang or Padre Island; member of the Padre Island Business
Association; architect or professional engineer, who does work on projects on Mustang or Padre Island; realtor, who primarily represents buyers or sellers of property
on Mustang or Padre Island; construction contractor, who primarily works on projects on Mustang or Padre Island; representative of an environmental group; person
who resides on Mustang Island or who is an employee of a Mustang Island property owner; and at-large representatives who are residents of the City. Not less than
twelve (12) members must reside or own property on Mustang or Padre Island. One (1) of the at-large representatives may, but is not required to, reside on Mustang
or Padre Island. The City Council may appoint not more than five (5) members of the action committee who do not reside within the City if they own or represent the
owner of property on Mustang or Padre Island. The following organizations may appoint a representative to serve as an ex-officio advisory member of the action
committee without vote: Planning Commission, Watershore and Beach Advisory Committee, Park and Recreation Advisory Committee, Nueces County, Nueces County
Water Control and Improvement District No. 4, and Corpus Christi Convention and Visitors Bureau.
Creation/Authority
Ordinance No. 028488, 2/16/10; amended Ordinance 030830, 4/26/16; Ordinance 032058, 3/17/2020
MeetsMember sizeTerm length / limitLiaison
1st Tuesday of every month at 5:30 p.m. Seashore 143 years / 6 yearsBonnie McLaughlin
Appointing
Authority
NameDistrictTermAppt. dateEnd datePositionStatusCategoryAttendance
Seeking
Marvin L. JonesDistrict 4Partial4/11/20233/23/2024City CouncilreappointmentAt-Large7/7 meetings - 100%
Seeking
reappointment
Terry A. PalmerDistrict 4Partial4/11/20233/23/2024City CouncilAt-Large7/7 meetings - 100%
Seeking Construction 7/9 meetings - 78%
Robert B. Pruski JrDistrict 413/30/20213/23/2024City Council reappointmentContractor(2 excused absences)
3-19-2024
Appointing
NameDistrictTermAppt. dateEnd dateAuthorityPositionStatusCategoryAttendance
Seeking 8/10 meetings - 80%
reappointmentProfessional Engineer(2 excused absences)
Craig ThompsonDistrict 2Partial4/12/20223/23/2024City Council
Not seeking Residential Property
Dotson Lewis JrDistrict 413/30/20213/23/2024City CouncilVice ChairreappointmentOwner
Not seeking
reappointment
William M. UhlarikDistrict 413/30/20213/23/2024City CouncilRealtor
Met the six-year
service limitationEnvironmental Group
Jay N. GardnerDistrict 423/20/20183/23/2024City CouncilChair
Michael S. PittmanDistrict 4Partial9/14/20213/23/2024City CouncilResignedMustang Island Rep.
Non-
Charles F DuffleyResident23/26/20193/23/2025City CouncilActiveDeveloper
Roy D. CoonsDistrict 413/30/20213/23/2025City CouncilActiveAt-Large
Padre Isles Prop.
Robert J. CorbettDistrict 414/12/20223/23/2025City CouncilActiveOwners Assoc.
Padre Island Business
Meagan E. FureyDistrict 414/12/20223/23/2025City CouncilActiveAssoc.
At-Large
Stephen ArmstrongDistrict 4Partial11/14/20233/23/2025City CouncilActive
Cheryl D. SegrestDistrict 4Partial11/14/20233/23/2025City CouncilActiveAt-Large
Ex-Officio, Watershore and Beach
Harrison A. McNeilDistrict 41N/AN/ACity CouncilNon-votingActiveAdv. Comm.
Ex-Officio, Parks and Rec Adv.
Twila StevensDistrict 41N/AN/ACity CouncilNon-votingActiveComm.
Nueces Ex-Officio,
R. Bryan GulleyDistrict 4N/AN/AN/ACountyNon-votingActiveNueces County
Ex-Officio,
Non-votingCVB
Brett OettingDistrict 21N/AN/ACVBActive
Ex-Officio,
Vacant1N/AN/ANon-votingActivePlanning Commission
Nueces County Water
Nueces Ex-Officio, Control and Prevention
Vacant1N/AN/ACountyNon-votingActiveDistrict #4
3-19-2024
ISLAND STRATEGIC ACTION COMMITTEE
Applicants
NameDistrictStatusCategory
At Large
Elizabeth P. GillenwaterDistrict 4AppliedMustang Island Representative
At Large
Thomas V. GottemollerDistrict 4AppliedResidential Property Owner
At Large
Sandy R. GravesDistrict 4AppliedResidential Property Owner
At Large
William R. Hibbs IIDistrict 4AppliedResidential Property Owner
Seeking At Large
Marvin L. JonesDistrict 4reappointmentResidential Property Owner
Seeking At Large
Terry A. PalmerDistrict 4reappointmentResidential Property Owner
At-Large
Developer
Seeking Residential Property Owner
Robert B Pruski JrDistrict 4reappointmentConstruction Contractor
At Large
Developer
Residential Property Owner
Lori A. RasheedDistrict 4AppliedCommercial Property Owner
At Large
Realtor
Residential Property Owner
Victoria M. RogersDistrict 4Applied
Seeking At Large
reappointmentProfessional Engineer
Craig ThompsonDistrict 2
WATERSHORE AND BEACH ADVISORY COMMITTEE
Two (2) vacancies with terms ending 12-11-2025, representing the following preferred, but not required categories: 2 - At-Large.
Duties
The Watershore and Beach Advisory Committee advises and makes recommendations regarding use or preservation of the following areas within the city limits: the
waterfront, the beaches, and the natural bodies of water, including, but not limited to: Gulf of Mexico, bays, rivers, and creeks, excluding the Marina area as defined by
Section 2-264.
Composition
Nine (9) members appointed by the City Council for two-year terms. Membership in one or more of the following categories is preferred but not required: Scientist, i.e.,
Marine Biologist, Engineer, Environmentalist, owner or representative of a hotel or condominium located on North Padre Island or Mustang Island, and a board member
of the Corpus Christi Convention & Visitors Bureau. The Chairperson of the Watershore and Beach Advisory Committee shall act as an advisor to the Parks and
Recreation Advisory Committee and vice versa.
Creation/Authority
Section 2-80, Code of Ordinances, Ord No. 027408, 9/11/07; Ord. No. 027523, 12/11/07; Ord. No. 029985, 10/22/13; Ord. 032058 - 3-17-2020
MeetsMembers sizeTerm length/limitStaff Liaison
1st Thursday of every month at 5:30 p.m., 92 years / 6 yearsMartha Lawhon
6th floor conference room City Hall
Appointing
NameDistrictTermAppt. dateEnd dateAuthorityPositionStatusCategory
Rachel M. PittmanDistrict 4112/12/202312/11/2025City CouncilResigned
Philip J. BlackmarDistrict 419/13/202212/11/2025City CouncilResigned
David S. ZillDistrict 411/24/202312/11/2024City CouncilActive
Larisa A. FordDistrict 421/14/202012/11/2024City Council Vice-ChairActive
Armon D. AlexDistrict 311/24/202312/11/2024City CouncilActiveScientist
Scott A. LawsonDistrict 518/31/202112/11/2024City CouncilActive
Harrison A. McNeilDistrict 431/14/202012/11/2025City Council ChairActiveEnvironmentalist
Ruben Macias Jr.District 5212/7/202112/11/2025City CouncilActive
Kathryn HyattDistrict 1112/12/202312/11/2025City CouncilActiveCVB
3-19-2024
WATERSHORE AND BEACH ADVISORY COMMITTEE
Applicants
NameDistrictStatusCategory
Glenn A. Duhon Jr.District 3AppliedAt-Large
Janie GiffordDistrict 4AppliedAt-Large
At-Large
Scientist i.e., Marine Biologist
Engineer
Michael J StarekDistrict 4Applied
AGENDA MEMORANDUM
City Council Meeting of March 19, 2024
DATE: March 1, 2024
TO: Peter Zanoni, City Manager
FROM: Alma I. Casas, Interim Director of Finance and Procurement
almac@cctexas.com
361-826-3610
Briefing on Bond 2024 Debt Capacity
STAFF PRESENTER(S):
Name Title/Position Department
1. Neiman Young Assistant City Manager
2. Alma Casas Interim Director Finance & Procurement
OUTSIDE PRESENTER(S)
Name Title/Position Agency Name
1. Victor Quiroga, Jr. Managing Director Specialized Public Finance, Inc.
2. Dan Wegmiller Managing Director Specialized Public Finance, Inc.
BACKGROUND:
Annually, the Finance Department in par
total
outstanding debt to include general obligation debt and utility revenue debt. In even-
numbered years when the City is considering proposing a bond package to the City
must first be determined for a realistic bond package to be presented to the City Council
for review and approval. This briefing will discuss the factors used in determining the
consideration for Bond 2024.
LIST OF SUPPORTING DOCUMENTS:
PowerPoint Presentation
PROPOSED BOND 2024 PROGRAM
City Council Briefing
March 19, 2024
1
CITY BOND BACKGROUND
•Bond is developed every two years with guiding principles, the use of rough
proportionality, and community input
•Bond Categories
o Streets
o Public Safety
o Parks
o Libraries/Community Centers
•Bond focuses on large infrastructure projects
•Bond 2024 will not require a property tax rate increase
2
KEY DATES FOR BOND 2024
DateActivity
February 13, 2024Bond 2024 Overview and Schedule
February 27, 2024Debt Management Presentation by City Financial Advisor
February 14, 2024 –March 15, 2024Refinement of Proposed Projects with Departments
March 15, 2024 –April 15, 2024Briefings with City Council and Stakeholders
March 19, 2024Bond Capacity Presentation by City Financial Advisor
April 15, 2024 –May 15, 2024Community Meetings by Council District
May 15, 2024 –June 15, 2024Refinement of Proposed Projects
July 16, 2024Bond Proposal Presentation to City Council
August 13, 2024Bond 2024 and Calling for Election -First Reading Ordinance
November 5, 2024Bond Election
3
General Obligation (I&S) CIP Funding Capacity Analysis Presentation | March 19, 2024
City of Corpus Christi, Texas
Victor Quiroga, Jr.Dan Wegmiller
Managing DirectorManaging Director
711 N Carancahua St248 Addie Roy Road
Suite 518Suite B103
Corpus Christi, Texas 78401Austin, Texas 78746
361.278.1310512.820.6086
victor@spfmuni.comdan@spfmuni.com
Presentation Outline
I.UpdateonNovember2022BondAuthorization
II.November2024and2026BondElectionCapacityAnalysis
C ITYOF C ORPUS C HRISTI, T EXAS| 1
November 2022 Bond Program: $125,000,000
OnNovember8,2022,theCityconductedasuccessfulbondelectionfor$125,000,000
TheCityhasnotissuedbondsunderthisauthorization
Preliminaryplansaretoissue$50,000,00ofthe$125,000,000duringFY2024
PropositionPurposeAmountFor / Against
AStreets$92,500,00049,791 (66.9%) / 24,659 (33.1%)
BParks & Recreation$20,000,00045,723 (61.6%) / 28,472 (38.4%)
CPublic Safety$10,000,00055,351 (74.1%) / 19,320 (25.9%)
DLibrary$2,500,00043,829 (59.3%) / 30,118 (40.7%)
C ITYOF C ORPUS C HRISTI, T EXAS| 2
Future Bond Issuance Assumptions
Goal:
CalculatebondcapacitywithnoincreasetothecurrentI&Staxrateof$0.2209
assumingmedium(moderate)propertyvaluationgrowthrates
FutureDebtIssuanceAssumptions:
•November2022ProgramAuthorizationIssuedasfollows:
•$50,000,000inFY2024
•$75,000,000inFY2025
•November2024ProgramAuthorizationIssuedasfollows:
•FY2026
•FY2027
•November2026ProgramAuthorizationIssuedasfollows:
•FY2028
•FY2029
C ITYOF C ORPUS C HRISTI, T EXAS| 3
Historical and Projected Taxable Value Growth
$50,000,000,000
$45,000,000,000
$40,000,000,000
$35,000,000,000
$30,000,000,000
$25,000,000,000
$20,000,000,000
$15,000,000,000
$10,000,000,000
$5,000,000,000
$-
201420152016201720182019202020212022202320242025202620272028202920302031203220332049
…
Historical / Current ValuesProjected Values
Historical and Projected Annual AV Growth
2025 to2030 to
2015201620172018201920202021 202220232024 20292033Thereafter
7.00%1.00%0.00%
9.23%8.11%6.39%4.05%3.45%4.05%2.59%7.01%9.33%13.25%
Projected
10-Year Average: 6.75%5-Year Average: 7.25%
Note: FY 2014 to FY 2022 data provided by the City's Annual Comprehensive Financial Report dated September 30, 2022.
For Purposes of Illustration Only
C ITYOF C ORPUS C HRISTI, T EXAS| 4
Summary of I&S Bond Capacity Analysis
Results:
NotincludingtheNovember2022BondProgramAuthorizationof$125,000,000,
theCity’sI&Staxratelevelof$0.2209allowsfor$350,000,000ofNewBond
Capacity
Variables in G.O. Debt Model:
•Property Value Growth
•20-Year Debt
•Use of I&S Fund Balance
•2-Year Bond Funding Cycles
•Conservative Interest Rates
•Tax Collection Rate of 97.5%
•Existing Debt Service
Election CycleBond Capacity
November 2024$175,000,000
November 2026$175,000,000
Total Voted Amount:$350,000,000
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AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting January 30, 2024
Second Reading Ordinance for the City Council Meeting March 19, 2024
DATE: January 30, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4@cctexas.com
(361) 826-1292
Ordinance authorizing the City Manager to execute a lease agreemen t for a
commercial aeronautical service provider with Sterling Air Service LLC to occupy
office and hangar space at the Corpus Christi International Airport
CAPTION:
Ordinance authorizing a 15-year lease agreement, with one five-year option to renew,
with Sterling Air Service, LLC, for a fixed base operator to occupy hangars, office, lobby,
and maintenance space at the Corpus Christi International Airport; and providing for
publication and an effective date.
SUMMARY:
The proposed lease agreement between the City of Corpus Christi and Sterling Air
Service LLC for premises located at the Corpus Christi International Airport for an initial
term of fifteen years with one option to extend the term for an additional five years.
Monthly rent totals $17,675.51 for a total annual rent of $212,106.12. During the initial
term of the lease, all rental rates will undergo a 3% increase annually beginning October
1, 2024, and all properties will be reappraised at the conclusion of the initial term of the
lease.
The lease agreement is for multiple locations for hangars, storage, fuel farm, apron,
parking, and office facilities on the east side of the airport.
With the execution of this lease agreement, Sterling Air Service will meet all Minimum
Standards to become a Fixed Based Operator, along with all privileges and obligations
that are associated with operating as this class of operator.
The lease was approved by the Airport Board on September 27, 2023.
BACKGROUND AND FINDINGS:
Sterling Air Service is an existing tenant at CCIA in good standing with multiple leased
premises and provides pilot and aircraft services for various clients including Driscoll
Children Hospital. They own and manage a fleet of aircraft including single and twin-
engine propeller and turboprop aircraft. Sterling Air Service has been a good tenant
during its tenure at CCIA.
Until 2020, CCIA had two based FBOs on site- Atlantic Aviation on the west side of the
airport and Signature Flight Support on the east side of the airport. Each FBO had
multiple tenants of their own who operated under subleases. Sterling partially operated
under a sublease with Signature Flight Support on the east side of the airfield. Upon
withdrawal from CCIA in March 2020, the City entered a management
directly.
The new size and scope of the lease allows Sterling Air Service to meet the standards for
a Fixed Based Operator set forth by the Minimum Standards for Commercial Aeronautical
Service Providers document approved by the Airport Board in May 2017.
Becoming a Fixed Based Operator (FBO) allows Sterling Air Service to provide a wider
scope of services to airport customers, most importantly the ability to sell fuel. CCIA
currently has one FBO, Atlantic Aviation, located on the west side of the airfield; adding
a second FBO will introduce competition, increase the air
stimulate economic growth at CCIA.
The lease agreement requires Sterling Air Service to invest a minimum of $1,100,000 in
capital improvements in the first ten years of the term, and an additional $1,100,000 in
the first 3yrs of the renewal period. The City will acknowledge a credit in the amount of
$358,903 during the initial term for capital improvements for fuel farm improvements
already completed on the leased premises.
ALTERNATIVES:
The alternatives include issuing a formal solicitation for an FBO operator. This alternative
would require another company to construct additional facilities, including a fuel farm
facility, or for the City to lease the referenced properties to a third party, requiring Sterling
Aviation to sublease them.
FISCAL IMPACT:
The proposed new lease agreement will provide CCIA with additional rent revenue of
$212,106 per year.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000 Airport Administration
Department: ЎЌ
Project # (CIP Only): N/A
Account: 320120
RECOMMENDATION:
City staff and the Airport Board recommend approval of this item.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Agreement with Exhibits
Ordinance authorizing the City Manager or designee to execute a 15-
year lease agreement with Sterling Air Service, LLC for a fixed-base
operator for hangars, office, lobby, parking, and maintenance space
at Corpus Christi International Airport, with one 5-year option to
renew, in consideration of monthly lease payments; and providing for
publication and an effective date. (28-day delay required between
readings)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute a 15-year lease
agreement with one 5-year option to renew with Sterling Air Service, LLC, for hangars,
office, lobby, parking, and maintenance space.
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SECTION 2. Publication of the lease ordinance of this ordinance must be made in the
official publication for the City of Corpus Christi as required by the City Charter
SECTION 3. The lease agreement is effective on the 61st day following final approval by
City Council.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
CORPUS CHRISTI INTERNATIONAL AIRPORT HANGAR
AND FIXED BASE OPERATOR’S LEASE
STERLING AIR SERVICE, LLC
This Corpus Christi International Airport Hangar and Fixed Base Operator’s Lease (“Lease”)
is entered into by and between the CITY OF CORPUS CHRISTI (“City” or “City”), a Texas
home-rule municipal corporation, and STERLING AIR SERVICE, LLC (“Lessee”), a Texas
Limited Liability Company authorized to do business in Texas, acting by and through its duly
authorized officers. The initial addresses of the parties are as follows:
City or City: Lessee:
Aviation Director Mr. Shawn Morgan, President
City of Corpus Christi Sterling Air Service, LLC
1000 International Drive 514 Hangar Lane
Corpus Christi, Texas 78406 Corpus Christi, Texas 78406
WHEREAS, Lessee is a current tenant at the Corpus Christi International Airport (“CCIA”)
but needs an updated Lease Agreement. Lessee has also added a fuel farm on the leased
premises so that they can become a Fuel Based Operator at the Airport;
WHEREAS, the lease agreement between the City and Lessee covering the prior leased
premises has expired and the City and Lessee desire to enter into a new Hangar and Fixed
Based Operator’s Lease Agreement to cover the leased premises as further described and
depicted in this Lease Agreement.
NOW, THEREFORE, the following Hangar and Fixed Base Operator’s Lease is hereby entered
into by and between the parties hereto in complete substitution for any previous lease
agreements and all amendments and modifications thereto, as heretofore amended:
ARTICLE 1. DEFINITIONS
As used herein, the following words and phrases shall have the meanings set forth below:
1.01 Affiliate. “Affiliate” is any corporation or other entity which directly or indirectly
controls or is directly or indirectly controlled by or is under common control with Lessee;
"control" shall mean the possession, directly or indirectly, of the power to direct or cause the
direction of the management and policies of such entity, whether through the ownership of
voting securities or by contract or otherwise.
1.02 Airport. “Airport” means Corpus Christi International Airport, 1000 International Drive,
Corpus Christi, Texas, as further depicted by Aerial Map attached hereto as Exhibit “A.”
1.03 AOA. “AOA” means Aircraft Operating Area.
1.04 Appraisal. "Appraisal" refers to a property appraisal which is an estimate of a
property’s market value typically made by a licensed real estate appraiser. One method of
determining a property’s value is to study the rental rates for similarly situated property at the
Airport and at other commercial airports in the state. The property appraisal may be utilized to
set rental rates for the Leased Premises at some point during the term or extension of this
Lease Agreement.
1.05 Aviation Director. “Aviation Director” means the Aviation Director of the City of Corpus
Christi or Assistant Aviation Director.
1.06 Capital Improvement. “Capital Improvement” means an expenditure for a project or
improvement for the Leased Premises that increases the value of the Leased Premises or
extends its life expectancy by (i) returning the Leased Premises to its originally efficient
operating condition if it has deteriorated to a state of disrepair and is no longer functional for
its intended use, (ii) rebuilding Leased Premises to a like-new condition after the end of its
economic useful life, or (iii) replacing or adding a major component or substantial structural
part on the Leased Premises.
1.07 City. The “City” means the City of Corpus Christi, Texas, a home-rule municipal
corporation, and may also include, in certain circumstances, the elected or appointed
officials, officers and employees of the City of Corpus Christi, Texas.
1.08 DOT. “DOT” means the United States Department of Transportation, and any federal
agency succeeding to its jurisdiction.
1.09 FAA. “FAA” means the Federal Aviation Administration of the United States
government, and any federal agency succeeding to its jurisdiction.
1.10 FBO. “FBO” is an abbreviation for Fixed Base Operator, which is typically an
organization granted the right by an airport to operate at the airport and provide aeronautical
services such as fueling, hangaring, tie-down and parking, aircraft rental, aircraft
maintenance, flight instruction, and similar services. This term is further defined in the City’s
Minimum Standards for Commercial Aeronautical Service Providers.
1.11 Fiscal Year. “Fiscal Year” means a period of twelve (12) consecutive months
commencing on October 1 and ending on September 30.
1.12 Leased Premises. “Leased Premises” means those certain premises at the Corpus
Christi International Airport, 514 Hangar Lane, Corpus Christi, Texas and generally referred
to as the East General Aviation Area more particularly described and depicted in Exhibit “B”.
1.13 Maintenance. “Maintenance” means a repair of less than $100,000 that keeps the
Leased Premises in proper working condition but does not add to the value or extend the life
expectancy of the Leased Premises. Maintenance merely keeps the Leased Premises in an
operating condition over its probable useful life for which it was acquired.
1.14 Sign. “Sign” means any advertising sign, billboard, identification sign or symbol, or
other similar device, regardless of content.
1.15 Subsidiary. “Subsidiary” shall mean any corporation or other entity not less than fifty
percent (50%) of whose outstanding stock (or other form of equity ownership) shall, at the
time, be owned directly or indirectly by Lessee or the entity owning directly or indirectly 50%
or more of Lessee, as applicable.
1.16 Trade Fixtures. “Trade Fixtures” shall mean, but shall not be limited to, any signs
(electrical or otherwise) used to identify Lessee's business; all shelves, bins, racking,
machinery and equipment used in connection with Lessee's required or permitted activities
pursuant to this Lease, whether or not such machinery or equipment is bolted or otherwise
attached to the Leased Premises; and all other miscellaneous office equipment, furnishings,
and personal property.
1.17 TSA. “TSA” means the Transportation Security Administration, and any federal
agency succeeding to its jurisdiction.
ARTICLE 2. DESCRIPTION OF LEASED PREMISES
2.01 The City, for and in consideration of the rents, covenants and promises herein
contained to be kept, performed and observed by Lessee, does hereby lease unto Lessee,
and Lessee does hereby accept from the City, the property, including all structures and
improvements erected on the property existing and in operation as of the Commencement
Date of this Lease (collectively referred to as “Leased Premises”) located at 514 Hangar Lane
at the Corpus Christi International Airport, Corpus Christi, Texas (“CCIA”) and also known as
the East General Aviation Area at CCIA identified in Exhibit “A”, attached hereto and
incorporated into this Lease.
ARTICLE 3. PREMISES RENTAL
3.01 Lessee agrees to pay City throughout the Initial Term of this Lease Agreement the
rental rates as indicated in the tables below (entitled “Premises Rent” and “Fuel Farm Tank
Rental”) monthly in advance (without notice or demand, both of which are expressly waived)
for the use and occupancy of the Leased Premises, at the times and in the amounts
hereinafter provided (Exhibit “B”).
3.02 The rental payments to the City are due by the first day of every month. In the event
that the term of this Lease Agreement shall commence on a day other than the first day of a
calendar month or expire on a day other than the last day of a calendar month, then the rental
payment shall be prorated for the first or last month as the case may be.
3.03 Annual Rental Rate Adjustment- The Parties to this Lease Agreement hereby agree
that beginning on October 1, 2024, the Premises Rental Rates set out in the table below will be
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increased by 3% every year, on the October 1of each year throughout the remainder of the
Initial Term of this Lease Agreement. The City will provide Lessee with a revised Premises
Rental Schedule at least 10 days prior to the beginning of the new rate year. Lessee hereby
agrees to pay the 3% increase in rates every year during the Initial Term of the Lease
Agreement. The failure of City to provide the Revised Premises Rental Rate to Lessee 10
days prior to the beginning of the new Premises Rental Rate shall not affect the new Premises
Rental Rate from going into effect on October 1, 2024.
3.04 Renewal Period - Should Lessee elect to renew this Lease Agreement for one
additional 5- year term following the end of the Initial Term of the Lease Agreement, the lease
and rental rates for the 5-year Renewal Period will be based on a new appraisal of the Leased
Premises conducted by a third-party professional appraiser licensed to perform property
appraisals in the State of Texas and approved by the City. The new property appraisal report
for the five-year renewal period shall be conducted in the 12 months preceding the end of the
Initial Term of the Lease Agreement.
3.05 Additional Capital Improvements Required for Renewal Period – The Parties to this
Lease Agreement hereby agree that should Lessee elect to extend the Lease Agreement for
one additional 5-year Renewal Period, Lessee must invest and make additional Capital
Improvements to the Leased Premises in an amount of at least $1,100,000.00 within the first 3-
years of the Renewal Period. Lessee further agrees to follow the same procedures as set out in
Article 5 and Article 13 of this Lease Agreement for the First and Second Round of Capital
Improvements when submitting a Capital Improvement Plan for the Renewal Period Capital
Improvements.
\[THE TABLE CONTAINING THE PREMISES RENTAL RATES ON FOLLOWING PAGE\]
PREMISES RENTAL RATES
3.06 Rent Payment Location and Late Fees: All rent, fees and charges that become due
and payable by the Lessee shall be made payable to the City of Corpus Christi P.O. Box
9257, Corpus Christi, Nueces County, Texas, 78469-9257 unless otherwise notified in
writing. If the City does not receive Lessee’s full rental payment by the third day of the
month, then Lessee shall pay the City a $200.00 late fee in addition to the rent due for the
month.
3.07 Fuel Tanks Annual Rental: The annual rent for the above-ground fuel tank rental will
become effective October 1, 2026, for the duration of the Lease Agreement and any
extensions or renewals thereof. Lessee shall pay City a fuel storage tank rental fee of $0.80
cents/gallon per year for the (3) fuel storage tanks located on the Leased Premises. All rent
and payments that become due and payable by the Lessee shall be made payable to the City
of Corpus Christi, P.O. Box 9257, Corpus Christi, Nueces County, Texas, 78469-9257 unless
otherwise notified in writing. Lessee shall pay City $2,000 by the first day of every month
during the Term of the Lease Agreement for the fuel tank rental. If the City does not receive
Lessee’s payment in full for the above-ground fuel tank rental payment by the third day of the
month, then Lessee shall pay the City a $200.00 late fee in addition to the rent due for the
month.
3..08 Appraisal of all CCIA Real Property.
(a) The Appraisal of CCIA real property, which includes the Leased Premises, shall
continue to be updated approximately every five (5) years following the most recent appraisal
dated May 10, 2023. Should Lessee choose to extend this Lease Agreement beyond the
Initial Term of the Lease Agreement, then the Premises Rental Rates will be adjusted for
the Renewal Term to reflect the most updated appraised value of the Leased Premises.
(b) All appraisers appointed pursuant to this provision shall be qualified and
impartial members of the Appraisal Institute or a person with equivalent credentials
experienced in airport property appraisals. No two (2) appraisers may be employed by, or
maintain an office within, the same company, firm or organization, or affiliated organizations
or companies.
ARTICLE 4. USE OF LEASED PREMISES
Lessee shall use the Leased Premises solely for operating an FBO as defined Section 15 of the
current Minimum Standards for Commercial Aeronautical Service Providers dated May 18, 2017
(“Minimum Standards”) and as the same may be amended from time to time. The Minimum
Standards includes performing and/or subleasing to qualified tenants to perform full aircraft
servicing facilities including but may not be limited to the sale of aircraft and aircraft parts; aircraft
maintenance and repair; servicing of aircraft engines, instruments, propellers and accessories in
connection with said business, aircraft storage, aircraft training, aircraft charter and rentals,
aviation school instruction, classroom and flight simulator instruction, and other flight instruction
provided only to those persons already holding an aircraft pilot license and seeking a
certification towards an aircraft being manufactured or sold on the Leased Premises, and such
other activities reasonably incidental thereto and such business directly related thereto or as
may be set forth in the Minimum Standards as amended from time to time. Such use may also
include any other activity or services normally performed or offered by an FBO at the Airport, as
adopted in the Minimum Standards, as they may be amended from time to time, and such other
aviation related uses as may be included in the Minimum Standards as amended from time to
time. Provided Lessee is a holder of a valid aviation fuel dispensing permit issued by the City of
Corpus Christi and not in default of any other provision of this Lease, Lessee may also conduct
fueling operations as authorized under said fuel dispensing permit on the Leased Premises.
4.01 In connection with such use and occupancy, Lessee shall have the right to occupy
and maintain, as required by this Lease, all buildings, shops, hangars and other
improvements existing on the Leased Premises as of the Commencement Date of this Lease.
4.02 The City reserves the right to replace or repairportions of the concrete apron included
in the Leased Premises. During any such replacement or repair work, if Lessee cannot use
portions of the concrete apron due to the work being done, the City will provide Lessee
alternate space of substantially the same size of said portions and as close to the Leased
Premises as is practical. Prior to the award of any contract for such replacement or repair,
the City shall consult with Lessee on alternative space options and use its best efforts to
provide an alternative that has the least impact on Lessee’s operations. Following the
completion of any such replacement or repair, Lessee’s Leased Premises will be restored to
its original layout. Lessee waives any claims for compensation or loss caused by such
temporary relocation provided the steps identified herein are followed.
4.03 Lessee shall not at any time leave the Leased Premises vacant, but shall in good
faith continuously throughout the term of this Lease conduct and carry on in the entire Leased
Premises the type of business for which the Leased Premises are leased, except during
periods in which the Leased Premises may not be occupied as a result of fire or other
casualty, or reasonable periods for repairs and alterations, all such repairs and alterations to
be diligently pursued to completion.
All services performed by Lessee shall be in compliance with all applicable state and federal
environmental rules and regulations at Lessee’s sole expense.
No other activities shall be conducted on the Leased Premises unless authorized in writing
by the Aviation Director provided, however that such other activities be aeronautical in nature.
ARTICLE 5. LEASE TERM AND CAPITAL IMPROVEMENT PLAN
5.01 The initial term of this Lease shall be Fifteen (15) years (“Initial Term”) unless
terminated early by either party in accordance with the termination provisions set out in this
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Lease Agreement. This Lease shall commence on 61 day following the date of passage of
an Ordinance by the City Council of Corpus Christi approving this Lease Agreement and
signature of the Lease Agreement by all parties (“Commencement Date”). Lessee shall pay
for the publication of an announcement of the Lease Agreement in the Corpus Christi Caller
Times in accordance with Article IX, Section 3 of the Corpus Christi City Charter.
5.02At the end of the Initial Term of this Lease Agreement and subject to Lessee making
and completing all Capital Improvements on the Leased Premises, to the satisfaction of the
City, as called for below and in Article 13 of this Lease Agreement, Lessee shall have the
option to extend the term of this Lease Agreement for one additional five (5) year term
(“Renewal Period”). The Parties hereby agree, that under no circumstances may the
maximum term of the Lease Agreement exceed twenty (20) years.
5.03 Lessee will be eligible to exercise the 5-year Renewal Period, at the end of the Initial
Term of this Lease Agreement only if the following conditions are met to the satisfaction of
the City: i) Lessee has completed construction of at least $2,200,000 in Capital Improvements
to the Leased Premises; ii) Lessee has submitted “as built” plans of all Capital Improvements
to the Leased Premises to the City; iii) Lessee has submitted originals or copies of all other
documents requested by the City pursuant to this Lease Agreement; Upon satisfaction of the
foregoing three conditions, the Term of this Agreement may be extended for one 5-year
Renewal Period by letter agreement to be issued by the City and countersigned by the
Lessee.
5.04 As used herein, "Capital Improvement Plan" means a detailed description of the
Capital Improvements including budgetary costs, and intended uses for each item intended
to be installed or constructed at the Leased Premises by the Lessee. “Direct Construction
Costs” means all general contractor, subcontractor and construction related trades and
materials required to complete the Project in accordance with the approved drawings as well
as related costs associated with architecture, engineering, testing, permits, and construction
management.
5.05 Subject to the requirements set forth in Article 13 herein, Lessee will submit the
above-referenced Capital Improvement Plan to the Aviation Director before the end of the
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thirtieth (30) month after the Commencement Date of theInitial Term. The Aviation Director
shall have sixty (60) calendar days after receipt of the Capital Improvement Plan (“CIP”), to
approve or to object in writing to any matter referenced within the CIP.If the Aviation Director
objects within such 60-day period to any matter contained within such CIP (including its
budget), the Aviation Director and Lessee agree to work together in good faith to resolve any
such objections to the reasonable satisfaction of both parties. Subject to the approval by the
Aviation Director of the CIP, Commencement of Construction of such Capital Improvements
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shall begin no later than the end of the thirty-sixth (36) month following the Commencement
Date of the Initial Term. “Commencement of Construction” means (i) to commence the work
of constructing the Capital Improvements or features with all approvals thereof required by
applicable governmental authorities obtained as necessary; (ii) a notice to proceed has been
issued to the contractor; and (iii) onsite construction of the site development components
(such as drainage, extensive grading or utilities) is underway and being pursued.
5.06 Lessee hereby agrees to complete the First Round of Capital Improvements to the
Leased Premises in the amount of $1,100,000.00 or more in the first 10 years following the
Commencement Date of this Lease Agreement. Lessee further agrees to complete a second
round of Capital Improvements to the Leased Premises in an amount of $1,100,000.00 or
more by the end of the Initial Term of this Lease Agreement. Provided, however, City shall
give Lessee a credit toward Lessee’s required Capital Improvements in the amount of
$358,903.32 for the fuel farm improvements already completed by Lessee on the Leased
Premises.
5.07AssecurityforfullandfaithfulCompletionoftheFirstRoundofCapitalImprovements
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to the Leased Premises, before the end of the thirtieth (30) month following the
Commencement Date of the Lease Agreement, Lessee must furnish to the Aviation Director
a performance bond or irrevocable standby letter of credit in an amount no less than
$741,096.68 ($1,100,000 - $358,903.32) to guarantee the completion of the First Round of
Capital Improvements to the Leased Premises. The performance bond or standby letter of
credit shall be issued by a surety company or bank authorized and licensed to transact
business in the State of Texas, with the City of Corpus Christi Aviation Department named as
oblige or beneficiary, not subject to reduction or cancellation except after thirty (30) days’
written notice by certified mail, return receipt requested, to the Aviation Director. Said
performance bond or irrevocable standby letter of credit shall be kept in force until Completion
of the above-referenced First Round of Capital Improvements. “Completion” means issuance
of Certificates of Occupancy for the Capital Improvement(s) have been issued or a
determination by an engineering or architectural firm (approved by the City) that the First
Round of Capital Improvements to the Leased Premises are substantially complete and
Lessee may safely use and occupy the improvements.
5.08 As security for full and faithful Completion of the Second Round of Capital
Improvements to the Leased Premises, Lessee must furnish to the Aviation Director a
performance bond or irrevocable standby letter of credit in the face amount of no less than
$1,100,000.00 to guarantee the completion of the Second Round of Capital Improvements to
the Leased Premises. The performance bond or the irrevocable standby letter of credit shall
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be delivered to the Aviation Director no later than the 120 month following the
Commencement Date of this Lease Agreement. The performance bond or standby letter of
credit shall be issued by a surety company or bank authorized and licensed to transact
business in the State of Texas, with the City of Corpus Christi Aviation Department named as
oblige or beneficiary, not subject to reduction or cancellation except after thirty (30) days’
written notice by certified mail, return receipt requested, to the Aviation Director. Said
performance bond or irrevocable standby letter of credit shall be kept in force until Completion
of the Second Round of Capital Improvements. “Completion” means issuance of Certificates
of Occupancy for the Second Round of the Capital Improvement(s) have been issued or a
determination by an engineering or architectural firm (acceptable to the City) that the Second
Round of Capital Improvements to the Leased Premises are substantially complete and
Lessee may safely use and occupy the improvements.
5.09 Upon City’s request, Lessee shall provide documentation such as invoices,
contracts, proof of payment, as built plans and other records satisfactory to the Aviation
Director as evidence of expenditure towards Capital Improvement Plan.
5.10 Partial Reimbursement of Direct Construction Costs if Lease Agreement Terminated
by City without Cause. Only in the event that this Lease is terminated by the City prior to the
end of the Initial Term of this Lease Agreement without fault or default on the part of Lessee
and (i) other than as a result of the lawful assumption by the United States Government or
any authorized agency thereof of the operation, control or use of the Leased Premises that
substantially restricts Lessee from operating thereon; or (ii) other than as a result of the
issuance by any court of competent jurisdiction of an injunction that prevents or restrains the
use of the Leased Premises that prevents Lessee from operating thereon, or (iii) any event
that triggers the Force Majeure clause in this Lease Agreement, the total Direct Construction
Costs for the approved Capital Improvement Plan associated with said Capital Improvements
shall be amortized on a straight line basis over the Initial Term of the Lease Agreement and a
payment issued by the City to the Lessee for the unamortized amount of the Direct
Construction Costs for the approved Capital Improvements for the remaining balanceofthe
Initial Term of this Lease Agreement, with payment to be made within sixty (60) days of such
termination. If the Lease is terminated as a result of a Lessee default as stated in Section 24
of this Lease or for any reason other than that stated in the immediately preceding sentence
herein, no reimbursement of Direct Construction Costs will be made, and Lessee forfeits the
full investment to the City.
5.11 The budget for the Lessee’s Capital Improvement Plan of $2,200,000.00 as described
in this Lease Agreement shall be in addition to the regular upkeep and maintenance of the
Leased Premises to be performed by Lessee pursuant to this Lease Agreement.
5.12 The performance bonds or irrevocable standby letters of credit required by this
Article 5, as described above, shall be in addition to the performance guarantee required in
Article 8 herein.
5.13 The City hereby agrees to make necessary roof repairs to the Office-7 building on the
Leased Premises with a scope of work that is agreed to by City and Lessee.
5.14 The City agrees to repair the roof and the hangar doors on Hangar-5 on the Leased
Premises with a scope of work that is agreed to by City and Lessee.
5.15 The Parties to this Lease Agreement hereby agree that the total budget for the repair
items set out above in Section 5.13 and Section 5.14 shall not exceed $100,000.
5.16 City shall install a new fire sprinkler system in Hangar 3 at no cost to Lessee. City will
notify Lessee at least 14 days prior to commencement of installation of the fire sprinkler system.
Upon that notification, Lessee shall remove equipment and aircraft from the hangar to
accommodate the installation and construction of the fire sprinkler system. Any portion of the
Leased Premises vacated by Lessee under this paragraph for installation of the fire sprinkler
system shall result in a proportionate abatement of rent until Lessee is notified that the work is
complete.
ARTICLE 6. INDEMNIFICATION
6.01 LESSEE covenants and agrees to FULLY INDEMNIFY, DEFEND and HOLD
HARMLESS, the CITY and the elected officials, employees, officers, directors, volunteers
and representatives of the CITY, individually and collectively,from and against any and all
costs, claims, liens, damages, losses, expenses, fees, fines, penalties, proceedings, actions,
demands, causes of action, liability and suits of any kind and nature, including but not limited
to, personal or bodily injury, death and property damage, made upon the CITY directly or
indirectly arising out of, resulting from or related to LESSEE’s use or occupancy of the Lease
Premises under this LEASE, including any acts or omissions of LESSEE, any agent, officer,
director, representative, employee, consultant, sub lessee, assignee or subcontractor of
LESSEE, and their respective officers, agents, employees, directors and representatives
while in the exercise of performance of the rights or duties under this LEASE, all without
however, the City waiving any governmental immunity available to the CITY under Texas Law
and without waiving any defenses of the parties under Texas Law. IT IS FURTHER
COVENANTED AND AGREED THAT SUCH INDEMNITY SHALL APPLY EVEN WHERE
SUCH COSTS, CLAIMS, LIENS, DAMAGES, LOSSES, EXPENSES, FEES, FINES,
PENALTIES, ACTIONS, DEMANDS, CAUSES OF ACTION, LIABILITY AND/OR SUITS
ARISE IN ANY PART FROM THE NEGLIGENCE OF CITY, THE ELECTED OFFICIALS,
EMPLOYEES, OFFICERS, DIRECTORS AND REPRESENTATIVES OF CITY, UNDER
THIS LEASE. The provisions of
this INDEMNITY are solely for the benefit of the parties hereto and not intended to create or
grant any rights, contractual or otherwise, to any other person or entity. LESSEE and the
CITY shall promptly advise the other party in writing of any claim or demand against the CITY
or LESSEE which is made known to the disclosing party related to or arising out of LESSEE’s
activities under this LEASE and LESSEE shall see to the investigation and defense of such
claim or demand at LESSEE’s cost. The CITY shall have the right, at its option and at its own
expense, to participate in such defense without relieving LESSEE of any of its obligations
under this paragraph.
6.02 It is the EXPRESS INTENT of the parties to this LEASE, that the INDEMNITY
provided for in this Article 6, is an INDEMNITY extended by LESSEE to INDEMNIFY,
PROTECT and HOLD HARMLESS, the CITY from the consequences of the CITY's OWN
NEGLIGENCE, provided however, that the INDEMNITY provided for in this Article SHALL
APPLY only when the NEGLIGENT ACT of the CITY is a CONTRIBUTORY CAUSE of the
resultant injury, death, or damage, and shall have no application when the negligent act of
the CITY is the sole cause of the resultant injury, death, or damage. LESSEE further
AGREES TO INVESTIGATE, SETTLE, AND DEFEND, AT ITS OWN EXPENSE and ON
BEHALF OF THE CITY AND IN THE NAME OF THE
CITY, with counsel reasonably satisfactory to the CITY, any claim or litigation brought against
the CITY and its elected officials, employees, officers, directors, volunteers and
representatives, in connection with any such injury, death, or damage for which this
INDEMNITY shall apply, as set forth above.
6.03 NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY
CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES ARISING OUT OF THE
PERFORMANCE OF THIS AGREEMENT.
ARTICLE 7. INSURANCE
7.01 Lessee must provide insurance in the amounts and types of coverages required by
the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in
the attached Exhibit “C,” the content of which is incorporated into this Lease as if set out
herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the
Aviation Director and Risk Manager not less than 30 days prior to the annual anniversary date
of the Commencement Date of this Lease Agreement. The Risk Manager will annually assess
the level and types of insurance required by the Lessee. The Risk Manager may increase or
decrease the level or types of insurance by giving Lessee notice not less than 60 days prior
to the annual anniversary date of the Effective Date of the Lease. Lessee shall have 30 days
to procure the changed insurance and provide written proof of insurance to the Aviation
Director and Risk Manager
ARTICLE 8. PERFORMANCE GUARANTEE & LANDLORDS LIEN
8.01 Lessee shall deliver to the City, on or before the Commencement Date of this Lease
Agreement and shall keep in force throughout the term of the Lease Agreement and any
extensions thereof, an irrevocable standby letter of credit (“ISLC”) in favor of the City, drawn
upon a bank satisfactory to the City and payable to City of Corpus Christi, Aviation
Department. The foregoing shall be in a form and content satisfactory to the City, shall be
conditioned upon satisfactory performance of all terms, conditions and covenants, including
the Capital Improvements and the maintenancerequirements,containedhereinduringthe
Term hereof and shall stand as security for payment by Lessee of all amounts due by Lessee
as a result of valid declarations of uncured default, as set forth herein, asserted by the City.
The amount of the ISLC shall be adjusted, as necessary, so that it shall at all times be in an
amount no less than one (1) year of the total estimated annual rentals, fees and charges
payable by Lessee to City under this Lease Agreement. The ISLC shall not be subject to
reduction in coverage or cancellation. If the available balance on the ISLC falls below the
amount required herein, Lessee agrees to replenish it to the full required amount within seven
(7) days of it falling below the full required amount. Failure to replenish the ISLC as stated
herein constitutes a material default of the Lease Agreement. The surety on the ISLC must,
by appropriate notation thereon, stipulate and agree that no change, extension of time,
alteration or addition to the terms of this Lease Agreement in any way affects its obligations
under the ISLC and consents to waive notice of any such matters.
8.02 Lessee hereby gives to City a lien upon all of its property now, or at any time
hereafter, in or upon the Leased Premises, to secure the prompt payment of charges herein
stipulated to be paid for the use of said Premises; all exemptions of such property, or any of
it, being hereby waived.
8.03 If Lessee so choses, they may provide the City with an ISLC which is no less than
double (200%) the amount of the estimated annual rentals, fees and charges due and
payable by Lessee under this Lease Agreement as their “enhanced” performance guarantee
and the provisions of Section 8.02 shall not apply as long as Lessee maintains this
performance guarantee throughout the Term of this Lease Agreement.
ARTICLE 9. MINIMUM STANDARDS
9.01 The City has adopted Minimum Standards (“Minimum Standards”) and Rules and
Regulations (“Rules and Regulations”), which shall govern Lessee in the use of the Leased
Premises and all common facilities, a copy of each of which has been furnished to Lessee
and is incorporated herein by reference. Lessee agrees to comply fully at all times with these
governing documents. The City, in its sole discretion, shall have the right to amend, modify
and alter these Minimum Standards and Rules and Regulations from time to time in a
reasonable manner or may introduce other regulations as deemed necessary for the purpose
of assuring the safety, welfare, convenience and protection of the property of the City, Lessee
and all other tenants and customers of the Airport; provided, however, that the City shall give
Lessee reasonable advance notice of any such amendments, modifications or alteration of
the Minimum Standards and/or Rules and Regulations.
ARTICLE 10. FEES AND CHARGES
10.01 Fees and Charges.
(a) Fuel flowage fees shall be paid by Lessee to the City for all fuel delivered to
the Leased Premises for sale or dispensing by the Lessee to all categories of customers
in the amount per gallon, subject to atmospheric adjustments, now or hereafter set by the
Aviation Director, as may be adjusted periodically. The fees and charges in effect as of the
Commencement Date of this Lease are set forth in the Corpus Christi International Airport
Schedule of Fees and Charges attached hereto as Exhibit “D” and incorporated herein by
reference. Lessee will remit to the CCIA Finance Department the monthly report titled “Fuel
Flowage Fees”as attached hereto as Exhibit“E”and incorporated herein by reference,and
all related fuel delivery tickets provided by the various suppliers confirming the amount of
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aircraft fuel delivered to the Leased Premises, by the 10
day of the month following such
delivery. If no such delivery is made during a particular month, Lessee shall indicate “no fuel
delivered” on the monthly report. Lessee agrees to keep accurate books, records and
accounts of its purchase and sale of aircraft fuel delivered to its customers on the Airport
premises. Lessee will remit payment for monthly fuel flowage fees to the City of Corpus
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Christi, P.O. Box 9257, Corpus Christi, Texas 78469-9257 by the 10 of the following month.
(b) Any City controlled apron or ramp areas outside the Leased Premises shall
be for public use and subject to an Apron Fee, as set forth in the Corpus Christi International Airport
Schedule of Fees and Charges (Exhibit “D”). Lessee will remit to the CCIA Finance Department a
monthly report titled “Apron Remain Overnight Fees,” attached hereto as Exhibit “F” and
incorporated herein by reference. The Apron Fee shall be set annually by the City for use of
City controlled apron or ramp areas. Lessee or sub lessee shall remit to the City seventy-five
percent (75%) of all revenues received for use of City controlled apron or ramp areas or
equivalent charges within ten (10) days following the end of the month in which the apron or
ramp was utilized, accompanied by an accounting of all City controlled apron or ramp rental
activity. Lessee shall retain the remaining twenty-five percent (25%) of such revenues as
consideration for Lessee’s management of said City controlled apron or ramp rental areas
and collection of resulting revenues. The City retains the right to enter upon City controlled
apron or ramp at any time and to take an inventory of any aircraft parked on the City controlled
apron or ramp, as well as a right to audit Lessee’s or sub lessee’s accounting of City controlled
apron or ramp rental activity. Lessee or sub lessee cannot charge any fees for use of the City
controlled ramp other than the Ramp Fee set by the City for use of City controlled ramp and
cannot waive any fees set by the City and due to the City for use of City controlled ramp
without City’s written approval. Lessee will remit payment for monthly apron or ramp fees to
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the City of Corpus Christi, P.O. Box 9257, Corpus Christi, Texas 78469-9257 by the 10of
the following month.
(c) Fees and charges for miscellaneous items and services provided by the City,
including, but not limited to, employee badges, shall be assessed by the City in connection
with the ordinary usage of Airport facilities (hereafter “City Fees,” set forth in Exhibit “D”
attached hereto).
(d) All rentals, fees and charges payable by Lessee to City under the terms
hereof, whether or not expressly denominated as rent, shall constitute rent for all purposes,
including, but not limited to, purposes of the United States Bankruptcy Code.
(e) For those services or functions listed in Exhibit “D” attached hereto, Lessee
shall not charge fees to their customers that are in excess of the applicable fees and charges
that are approved by the City, as amended from time to time, and set forth in Exhibit “D”
attached hereto.
10.02 Proceeds Fee.
(a) Lessee covenants and agrees to pay as an additional fee hereunder an amount
equal to three percent (3%) of any Gross Proceeds (as hereinafter defined) from a Sale (as
hereinafter defined) of the Lessee's Leasehold Interest in the Leased Premises, or any portion
thereof, as the case may be, at the times and in the manner hereinafter set forth (the “Proceeds
Fee”).Thissection10.02appliesonlytothesaleofLessee’sLeaseholdInterestintheLeased
Premises, or any portion thereof, at Corpus Christi International Airport and no other location.
(b) Payments of the Proceeds Fee shall be paid immediately upon a Sale as
follows: upon the Closing and payment of the total purchase price in a Sale, accompanied by
a certificate of the chief financial officer of the Lessee as to the amount of Gross Proceeds of
the Sale. At the election of the City, the City and the Lessee shall coordinate payment of the
Proceeds Rent through an escrow.
(c) Lessee shall, at the time of any such Sale, deliver to the City a statement
certifying the amount of the Gross Proceeds for such Sale and the amount of the Proceeds
Fee due and payable to the City. Such statement shall set forth in detail reasonably
satisfactory to the City the computation of Gross Proceeds, and Proceeds Fee therefor,
together with such other information as the City may deem reasonably necessary for the
determination of the Proceeds Fee, such as the purchase agreement and/or sale closing
statement. Except for such changes as are necessary to calculate the Gross Proceeds from
the Sale, the statements required above shall be prepared in accordance with generally
accepted accounting principles on the accrual basis consistently applied and otherwise in
such manner as the City shall have approved in writing.
(d) For purposes of this Section, capitalized terms set forth below shall have the
meanings ascribed to them below:
“Beneficial Interest” shall mean the interest of the Beneficiary in any trust of which it
is beneficiary if the Lessee is ever a land trust.
“Beneficiary” shall mean the Beneficiary under a trust which at any time the Lessee is
a trustee under a land trust.
“Gross Proceeds” shall mean the purchase price in a Sale (including, without
limitation, (1) the principal and interest of any financing to which the Sale is subject, or which
is assumed by the Lessee and (2) the fair market value of any consideration consisting of
property other than cash).
“Leasehold Interest” shall mean the Lease between the City and Lessee and all
resulting income streams and contracts resulting from Lessee’s use of the Leased Premises,
as defined herein.
“Sale” shall mean (i) a sale, assignment, transfer or other conveyance of any portion
of Lessee's interest under this Lease (including an assumption and assignment of the Lease
by Lessee as debtor or debtor in possession or by a trustee in bankruptcy acting on behalf of
Lessee) and/or in the Leased Premises or any portion of the Leased Premises; (ii) execution
and delivery of a contract to convey any portion of Lessee's interest under this Lease upon
payment of part or all of the purchase price which is accompanied by a transfer of possession
and the risks and benefits of ownership to the purchaser; (iii) a taking by eminent domain of
any portion of Lessee's interest under this Lease; (iv) a transaction or series of related
transactions involving Lessee which has the economic equivalence to the owners of interests
in Lessee as a transaction described as a Sale, regardless of the form of such transaction,
whether by sales of direct or indirect interests in Lessee (including, without limitation, sales or
other transfer of any membership interests in Lessee or in any constituent members of Lessee
or in any corporate stock, partnership interests or Beneficial Interests in any future tenant
organizedasacorporation,partnershiportrust,respectively,orinanyconstituent
shareholders, partners or Beneficiaries thereof) or sales of assets by an entity which owns
Lessee's interest under this Lease and other property.
(e) The City shall not, as a result of the rights granted herein to receive Proceeds
Fee, be considered as a co-owner, co-partner or joint venturer with Lessee in the Leased
Premises.
(f) The Lessee shall not be required to pay Proceeds Fee on its receipt of
proceeds from business interruption or loss of rents insurance payments.
ARTICLE 11. PRIVILEGES AND CONDITIONS
11.01 The City hereby grants to Lessee and any assignees and/or sub lessees pursuant to
Article 26 herein, the following general, non-exclusive privileges, uses and rights, subject to
the terms, conditions and covenants herein set forth:
(a) The general use by Lessee, for commercial aviation activities, of all common
aircraft facilities and improvements, which are now, or may hereafter be, connected with or
appurtenant to said Airport, except as hereinafter provided. “Common airport facilities” shall
include all necessary landing area appurtenances, including, but not limited to, approach
areas, runways, taxiways, unleased aprons provided for in 10.01(b) of this Lease, public
roadways, sidewalks, navigational and aviation aids, the airfield lighting facilities, terminal
facilities or other common or public facilities appurtenant to said Airport.
(b) The right of ingress to and egress from the Leased Premises, over and
across common or public roadways serving the Airport for Lessee and sub lessees, its agents,
contractors, employees, patrons, invitees, suppliers of service and furnishers of material. Said
right shall be subject to such ordinances, rules and regulations as now, or may hereafter,
apply at the Airport.
(c) Lessee must remain in compliance at all times with all FAA, Department of
Homeland Security and all other governmental organizations with jurisdiction over the Airport
as well as all rules, laws and regulations as may be amended from time to time.
11.02 The granting and acceptance of this Lease is conditioned upon compliance with the
covenant that the right to use said common Airport facilities, in common with others so
authorized, shall be exercised subject to and in accordance with the laws of the United States,
State of Texas and City of Corpus Christi, the rules and regulations promulgated by their
authority with reference to aviation and navigation, and all reasonable and applicable rules,
regulations and ordinances of the City, now in force or hereafter prescribed or promulgated
by charter authority or by law, as may be amended from time to time.
11.03 The City reserves the right to enter the Leased Premises at any reasonable time for
the purpose of inspecting same or verifying that fire, safety, sanitation regulations and other
provisions contained in this Lease are being adhered to by Lessee.
ARTICLE 12. AS IS ACCEPTANCE AND CONDITION OF PREMISES
12.01 The parties agree that this Lease is granted by City, at Lessee’s request, and that the
Leased Premises are currently occupied by Lessee or have been personally and carefully
reviewed by Lessee and/or Lessee’s agents or representatives prior to executing this Lease
Agreement.
12.02 Lessee has had full opportunity to examine all of the Leased Premises and hereby
accepts the Leased Premises “AS IS” and with all faults. Except for environmental matters not
caused by or reasonably discoverable by Lessee prior to the Commencement Date of this
Lease Agreement. Lessee's taking possession of the Leased Premises shall be conclusive
evidence of Lessee's acceptance thereof in an “AS IS” condition, and Lessee hereby accepts
same in its present condition as suitable for the purpose for which leased.
12.03 Lessee agrees that no representations respecting the condition of the Leased
Premises and no promises to improve same, either before or after the execution hereof, have
been made by City or its agents to Lessee, unless contained herein or made a part hereof by
specific reference.
ARTICLE 13. CONSTRUCTION/CAPITAL IMPROVEMENT BY LESSEE
13.01 Lessee shall have the right to erect, alter, remodel and renovate buildings and make
other improvements, in accordance with the CIP plan on the Leased Premises, provided that
Lessee shall submit to the Aviation Director plans and specifications prepared by registered
architects and engineers setting forth the renovations, construction, alterations or
improvements that Lessee desires to perform, in such detail as may be required by the
Aviation Director, and provided that approval of such plans and specifications by said Director
and any other plan review and permitting departments at the City is obtained as set forth
below.
13.02 The Aviation Director agrees to examine and approve or disapprove plans and
specifications submitted in accordance with the provisions above, within forty-five (45) days
after receipt thereof, and to give Lessee written notification of same. Lessee agrees to submit
any additional information, plans or drawings required by the City to complete review of
Lessee’s plans and specifications. Any delay by Lessee in providing the requested additional
information, plans or drawings to the Aviation Director shall extend the time period that the
Aviation Director has to review said plans and specifications. The approval by City of such
plans and specifications refers only to the conformity of same to the general architectural plan
for the Leased Premises, as opposed to their architectural or engineering design. City, by
giving its approval, assumes no liability or responsibility therefor or for any defect in any work
performed according to such plans and specifications. Lessee agrees not to commence any
renovations, construction, alterations or improvements until City has given written approval
regarding Lessee's plans and specifications. City must obtain all necessary approvals and
permits from the City prior to beginning construction.
13.03 Further, prior to the commencement of any construction, Lessee shall procure any
and all additional approvals of the plans and specifications for its buildings and improvements
required by any federal, state or municipal authorities, agencies, officers and departments
having jurisdiction thereof and shall obtain any and all requisite building or construction
licenses, permits or approvals. Construction shall comply with applicable building code
requirements and with applicable regulations promulgated by any federal, state or municipal
agency or department having jurisdiction thereof. Lessee specifically agrees that it shall hold
City completely harmless from and against any and all claims, causes of action or liabilities,
whether actual or potential, associated with any construction undertaken by Lessee
hereunder.
13.04 The cost of any renovations, construction, alterations or improvements upon the
Leased Premises shall be borne and paid for solely by Lessee. Except as may be otherwise
set forth herein, The City has no financial or other obligation of any kind under this Lease,
other than the renting to Lessee of the Leased Premises which are the subject hereof for the
term and consideration hereinbefore set forth.
13.05 Upon completion of all renovations, construction, alterations or improvements, a
conformed set of “as built” plans and a Certificate of Occupancy shall be provided by Lessee
to the Aviation Director.
13.06 In undertaking any such renovations, construction, alterations or improvements, it is
expressly understood that, where applicable, unless otherwise agreed to in writing by the
parties, Lessee shall be responsible, at its sole expense, for any and all construction and
maintenance of taxiways and connections to the Airport's runway and taxiway system, along
an alignment and in accordance with designs and plans approved in advance, in writing, by
the Aviation Director. It is further expressly understood and agreed that any improvements
and access thereto constructed by Lessee on the Leased Premises shall be performed in
such a manner that shall not cause flowage of surface drainage onto adjacent tracts or
interrupt flow to the storm drainage system.
13.07 Any construction of a Capital Improvement pursuant to this Article 13 may, at the
option of the Lessee be considered part of a Capital Improvement Plan and subject to the
review and approval procedures in Article 5 hereof.
ARTICLE 14. LIENS PROHIBITED
14.01 Lessee shall not suffer or permit any mechanics or other liens to be filed against the
fee of the Leased Premises, or against Lessee's leasehold interest in the land, buildings or
improvements thereon, by reason of any work, labor, services or materials supplied, or
claimed to have been supplied, to Lessee or to anyone holding the Leased Premises, or any
part thereof, through or under Lessee.
14.02 If any such mechanics’ lien or materialmen’s lien described in Section 14.01 above
shall be recorded against the Leased Premises, or any improvements thereon, Lessee shall
cause the same to be removed or, bonded around pursuant to the terms of the Texas Property
Code. In the alternative, if Lessee, in good faith, desires to contest the same, it shall be
privileged to do so; however, in such case, Lessee hereby agrees to indemnify and save the
City harmless from all liability for damages occasioned thereby and shall, in the event of a
judgment of foreclosure on said mechanics' lien, cause the same to be discharged and
removed prior to sale of the property or execution of such judgment.
ARTICLE 15. UTILITIES CHARGES, MAINTENANCE AND REPAIR
15.01 Lessee shall pay or cause to be paid any and all charges for water, sewer, trash
pickup, heat, gas, electricity, phone, cable, fiber, internet and any and all other utilities used
on the Leased Premises, throughout the term of this Lease or any extension thereof. This
shall include, but not limited to, any utility connection fees and any and all additional costs
related to utility connection, metering, maintenance, repair and usage.
15.02 Lessee shall, throughout the term of this Lease, assume the entire responsibility,
cost and expenseforallrepairandMaintenanceoftheLeasedPremisesandallbuildingsand
improvements thereon, whether such repair or Maintenance be ordinary, extraordinary,
structural or otherwise, normal wear and tear excepted. Additionally, without limiting the
foregoing, Lessee shall:
(a) at all times maintain the buildings and improvements in a good state of repair
and preservation, excepting ordinary wear and tear and obsolescence in spite of repair; and
(b) replace or substitute any fixtures and equipment which have become
inadequate, obsolete, worn out, or unsuitable, with replacement or substitute fixtures and
equipment, free of all liens and encumbrances, which shall automatically become a part of
the buildings and improvements and revert to City ownership at termination of this Lease, as
provided for herein; and
(c) at all times keep the Leased Premises, its buildings, improvements, fixtures,
equipment and personal property, in a clean and orderly condition and appearance; and
(d) provide, and maintain in good working order, all obstruction lights and similar
devices, fire protection and safety equipment, and all other equipment of every kind and
nature required by applicable laws, rules, orders, ordinances, resolutions or regulations of
any competent authority, including City and Aviation Director; and
(e) observe all insurance regulations and requirements as required in Article 7
herein concerning the use and condition of the Leased Premises, for the purpose of reducing
fire hazards and insurance rates on the Airport; and
(f) repair any damage caused by Lessee to paving or other surfaces of the
Leased Premises or the Airport, in connection with the scope of the Lease, caused by any
oil, gasoline, grease, lubricants, flammable liquids and/or substances having a corrosive or
detrimental effect thereon, or by any other reason whatsoever; and
(g) take measures to prevent erosion, including, but not limited to, the planting
and replanting of grass on all unpaved or undeveloped portions of the Leased Premises; the
planting, maintaining and replanting of any landscaped areas; the designing and constructing
of improvements on the Leased Premises; and the preservation of as many trees as possible,
consistent with Lessee's construction and operations; and
(h) be responsible for the maintenance and repair of all utility services lines
serving the Leased Premises, including, but not limited to, water and gas lines, electrical
power and telephone conduits and lines, sanitary sewers and storm sewers; and
(i) keep and maintain all vehicles and equipment operated by Lessee on the
Airport in safe condition, good repair, properly licensed and insured, as required by this
Lease; and
(j) replace broken or cracked plate glass, repair roofing material as needed,
paint/repaint structures upon the Leased Premises and, where applicable, mow the grass;
and
(k) provide and use suitable covered metal receptacles for all garbage, trash and
other refuse; assure that boxes, cartons, barrels or similar items are not piled in an unsightly,
unsafe manner, on or about the Leased Premises; promptly collect and remove all trash and
foreign materials from parking lots and Leased Premises; provide a complete and proper
arrangement, satisfactory to the Aviation Director, for the adequate sanitary handling and
disposal (away from the Airport), of all trash, garbage and refuse generated as a result of the
operation of Lessee’s business;
(l) at the expiration or termination of this Lease, deliver the Leased Premises to
the City clean and free of trash and in good repair and condition, with all fixtures and
equipment situated in the Leased Premises in good working order, reasonable wear and tear
excepted; and
(m) within five (5) calendar days of receipt of the City’s written request, Lessee
shall provide documentation such as invoices, contracts, proof of payment and other records
satisfactory to the Aviation Director as evidence of performance of major maintenance.
15.03 Following consultation with Lessee, the adequacy of the performance of the
foregoing Maintenance and repair by Lessee shall be determined by the Aviation Director,
whose reasonably exercised judgment shall be conclusive. No more than thirty (30) days after
determining the inadequacy of such Maintenance or repair, the Aviation Director shall
provide Lessee a written request that Lessee remedy such inadequate Maintenance or
repair. Should Lessee fail to undertake any such Maintenance or repair within ten (10) days
of receiving written notice from the Aviation Director, or if City performs any Maintenance or
repair on behalf of and for Lessee necessitated by Lessee’s failure to start or complete
Maintenance or repairs, then the costs of such Maintenance or repair, plus any associated
overhead reasonably determined by City, plus a 15% administrative fee, shall be reimbursed
by Lessee to City no later than ten (10) days following receipt by Lessee of written demand
from City for same. In cases not involving Maintenance or repair requiring exigent action, City
shall provide Lessee a written request that Lessee perform such Maintenance or repair, at
least thirty (30) days before City affects such Maintenance or repair on behalf of Lessee.
15.04 Any Maintenance or repair performed pursuant to this Article 15 will not be part of a
Capital Improvement plan.
15.05 The Capital Investment and Capital Improvements to be made by Lessee, as
required by this Lease Agreement, shall be in addition to the Maintenance required in Article
15 herein.
ARTICLE 16. TITLE
16.01 It is expressly understood and agreed that any and all trade fixtures, furniture,
equipment, and improvements that may be reasonably removed, placed or maintained by
Lessee in the Leased Premises during the Term hereof shall be and remain Lessee’s
property, and the Leased Premises returned to its original condition at the sole expense of
Lessee, normal wear and tear excepted. Provided that Lessee is not in default under this
Lease, it may remove or cause to be removed all such items from the Leased Premises, with
any damage caused by such removal repaired at the Lessee’s sole expense. At City’s sole
election, any such items remaining on the Leased Premises more than ten (10) days after the
expiration or termination of the term hereof, shall then belong to City without payment of
consideration therefor.
16.02Unlessotherwiseprovided,allfoundations,buildings,alterations,additionsor
improvements (“Improvements”) made upon the Leased Premises by Lessee are and shall
be the property of Lessee during the Term hereof. During said Term, absent the Aviation
Director’s written approval, such Improvements shall be conveyed, transferred or assigned,
only to a person or entity to whom this Lease is being transferred or assigned, whereupon
such Improvements shall become the property of the holder of the leasehold interest
hereunder. Absent such written approval of the Director any attempted conveyance, transfer
or assignment of Improvements, to any person or entity, whether voluntary, by operation of
law or otherwise, shall be void and of no effect.
16.03 Title to Improvements made upon the Leased Premises by Lessee, and fixtures
annexed thereto, shall vest in and become the property of the City, at no cost to City and
without any instrument of conveyance, upon the expiration of the Term of this Lease or upon
earlier termination thereof. Notwithstanding the foregoing, Lessee covenants and agrees,
upon City’s demand, on or after termination of the Lease, to execute any instruments
requested by City in connection with the conveyance of such Improvements. City shall notify
Lessee whether or not City intends take title to Improvements, or any portion thereof, as
herein provided, at least sixty (60) days prior to the expiration of the Term of this Lease or
earlier termination thereof. The City’s failure to provide such notice, however, shall not act as
a waiver of its rights hereunder; provided that City, within a reasonable time after receipt of
Lessee’s written request, advises Lessee of its election hereunder. No obligations under this
section herein are waived by the termination of this Lease.
16.04 Should City elect not to take title to Improvements, or any portion thereof, as provided
in Section 16.03 above, same shall be removed by Lessee, at its sole cost and risk, no
later than midnight of the expiration or termination date of the Lease, in compliance with all
applicable laws and regulations and, to the degree reasonably possible, the Leased
Premises shall be restored to the condition that existed prior to the construction of same,
provided however, that Lessee shall not be required to demolish or remove any building,
structure or improvement that was the subject of a Capital Improvement Plan. Should
Lessee fail to undertake such removal within ninety (90) days following the expiration or
termination of this Lease, City may undertake such removal at Lessee’s expense. The
performance guarantee, required under this Lease, may not be applied towards any costs
incurred by City for such removal.
ARTICLE 17. ENVIRONMENTAL COMPLIANCE
17.01 Lessee agrees that it shall, at its sole expense, comply with all applicable federal,
state and local statutes, laws, ordinances, rules and regulations concerning the use and
operation of all fuel storage facilities presently existing upon the Leased Premises, including,
but not limited to, regulations promulgated by the Environmental Protection Agency (“EPA”)
as well as all inspection, financial liability and inventory control recording requirements of the
EPA, and that it shall provide City with copies of certificates of registration from the Texas
Commission on Environmental Quality (“TCEQ”) for any existing fuel storage facilities,
together with copies of any required proof of financial responsibility and other documentation,
such as an :Accord Form" certificate of insurance applicable to above ground fuel storage
tanks, income statements or balance sheets, reasonably required by the Aviation Director or
applicable regulatory agency. For purposes of this provision, “facilities” are defined as any
mobile or fixed, onshore building, structure, installation, equipment, pipe, or pipeline used in
fuel storage, fuel gathering, fuel transfer, or fuel distribution.
17.02 During the Term of this Lease and any extensions thereof, should changes in
applicable statutes, laws, rules or regulations regarding fuel storage facilities and/or
dispensing equipment necessitate the removal, modification or replacement of any
component, piping, valves, or connections comprising part of the fuel storage facilities and/or
dispensing equipment, potentially including the entire fuel storage facilities, in, on, upon or
under the Leased Premises, then such removal, modification or replacement shall be timely
undertaken and performed by Lessee, at its sole cost and expense. Furthermore, if requested
by City, Lessee shall, no later than Midnight of the termination or expiration of this Lease, at its
sole cost, remove said fuel storage facilities, dispensing equipment and/or component(s)
thereof from the Leased Premises, perform any required soil or other investigations, perform
regulatory remediation and restore the Leased Premises in a condition that complies with all
applicable statutes, laws, rules, or regulations governing fuel storage facilities. Provided,
however, that if Lessee has made significant improvements to such fuel storage facilities
and/or dispensing equipment, as determined and approved by the Aviation Director, whose
approval shall not unreasonably be withheld, such removal by Lessee upon termination or
expiration shall not be required. Any such removal of Lessee’s property shall be coordinated
by Lessee so that there is no unreasonable interference with Airport customers’ use of the
Airport or of other aeronautical service providers’ use and occupancy of other areas at the
Airport. In the event Lessee plans to conduct any environmental remediation work on the
Leased Premises, Lessee shall give the Aviation Director and the aeronautical service
providers adjacent to Lessee written notice of the same, with a general description of the
work to be conducted, including if Lessee anticipates that such work will impact the use and
occupancy of adjacent areas at the Airport and, if so, how Lessee intends to minimize such
impact. Following the termination or expiration of this Lease, City will conduct a
comprehensive environmental assessment to determine compliance with TCEQ and/or EPA
standards, at Lessee’s sole expense, to reasonably determine if any environmental pollution
or contamination exists and, if so, an accepted contamination removal program shall be
implemented at Lessee’s sole expense. Lessee or any City approved sub lessee shall remain
liable for any discharge if contamination is found at a future date if such discharge is the
responsibility of Lessee or sub lessee.
17.03 Lessee shall, in conducting any activity or business on the Leased Premises,
including environmental response or remedial activities, comply with all environmental laws,
including, but not limited to, those regarding the generation, storage, use, transportation and
disposal of solid wastes, hazardous materials, toxic chemicals, special wastes or other
contaminants, and all laws, regulations and notice requirements pertaining to releases or
threatened releases of hazardous materials, toxic chemicals, special wastes or other
contaminants into the environment. Lessee shall not cause the release, or permit its
employees, agents, permittees, contractors, subcontractors, sublessees, or others in
Lessee's control, supervision, or employment, to release (whether by way of uncapping,
pouring, spilling, spraying, spreading, attaching or otherwise), into or onto the Leased
Premises or any other location upon or above the Airport (including the air, ground and ground
water thereunder and the sewer and storm water drainage systems thereon), any quantity of
hazardous substances (as defined or established from time to time by applicable local, state,
or federal law and including, among other things, hazardous waste and any other substances
that have been or may in the future be determined to be toxic, hazardous or unsafe). To the
extent any such release may exceed quantities or volumes permitted by applicable federal,
Texas or local law, Lessee shall immediately notify the Aviation Director, TCEQ, and Local
Emergency Planning Committee, as may be required under the federal Emergency Planning
andCommunityRightToKnowAct.TheLessee, oranyoccupantofLeasedPremises,shall
be responsible for compliance with said Act, in the event of any such release.
17.04 Lessee shall remedy any release or threatened release caused by Lessee’s
operations at the Airport, as described above and, whether resulting from such release or
otherwise, remove any hazardous materials, special wastes and any other environmental
contamination caused by Lessee on, under or upon the Leased Premises, as may be required
by a governmental or regulatory agency responsible for enforcing environmental laws and
regulations. Such work shall be performed, at Lessee's sole expense, after Lessee submits
to City a plan, approved in writing by the appropriate governmental or regulatory agency(ies)
responsible for enforcing such environmental laws and regulations, for completing such work.
City shall have the right to review and inspect all such work at any time, using consultants
and representatives of its choice, at City’s sole cost and expense. Specific cleanup levels for
any environmental remedial work shall be designed to meet all of the applicable
environmental laws and regulations, to the satisfaction of the appropriate government or
regulatory agency responsible for enforcing environmental laws and regulations.
17.05 Lessee agrees to defend, indemnify and hold harmless the City, its elected and
appointed officials, officers, agents and employees, from and against any and all
reasonable losses, claims, liability, damages, injunctive relief, injuries to person,
property or natural resources, costs, expenses, enforcement actions, actions or
causes of action, fines and penalties, arising as a result of action or inaction of Lessee,
its employees, agents or contractors, in connection with the release, threatened release
or presence of any hazardous material, contaminants, or toxic chemicals at, on, under,
over or upon the Leased Premises or Airport, whether or not foreseeable. The
foregoing indemnity includes, without limitation, all reasonable costs at law or in
equity for removal, clean-up, remediation and disposal required to bring the Leased
Premises or Airport to be in compliance with, all applicable environmental laws and
regulations and all reasonable costs associated with claims for damages to persons,
property or natural resources arising out of Lessee's use and occupancy of the Leased
Premises or its operations at the Airport. In the event that the City, it’s elected and
appointed officials, officers, agents and employees is named in any enforcement
action or lawsuit by any party in connection with the environmental condition of the
Leased Premises caused by the action or inaction of the Lessee, Lessee shall defend
the City, it’s elected and appointed officials, officers, agents and employees and
indemnify and hold harmless City, it’s elected and appointed officials, officers, agents
and employees from any reasonable costs, damages, fines and penalties resulting
therefrom.
17.06 Nothing in this Lease shall prohibit Lessee from pursuing contribution or indemnity
for such cleanup costs or remediation by other responsible parties and the Aviation Director
shall provide reasonable cooperation and coordination in such endeavors.
17.07 In addition to any other rights of access herein regarding the Leased Premises, City
shall, upon reasonable notice, have access thereto in order to inspect and confirm that
the Lessee is using same in accordance with all applicable environmental laws and
regulations. Lessee shall, upon the Aviation Director's reasonable demand and at Lessee's
sole expense, demonstrate to said Director (through such tests, professional inspections,
samplings, or other methods as may be reasonably required by said Director) that Lessee
has not caused or permitted any release of hazardous substances or contaminants in excess
of quantities or volumes permitted by applicable federal, Texas or local law. Qualified
independent experts, chosen by Lessee, subject to City’s approval, which approval shall not
be unreasonably withheld, shall conduct any such tests and assessments. Lessee shall
provide copies of reports from any such testing or assessments to City upon receipt. Should
Lessee not provide same to City, City may conduct, or cause to be conducted, such tests,
inspections, samplings and assessments, and Lessee shall reimburse City for all costs of
such actions, no later than thirty (30) days following receipt by Lessee of invoices therefor.
City reserves the right to conduct any of the above actions, at the Aviation Director’s
discretion, when in the opinion of same, additional or supplemental assessments are in City’s
best interest.
17.08 Lessee, at City’s request, shall make available for inspection and copying, upon
reasonable notice and at reasonable times, any or all of the non-privileged documents and
materials Lessee has prepared pursuant to any environmental law or regulation, which may
be retained by City or submitted to any governmental regulatory agency; provided, such
documents and materials relate to environmental regulatory compliance and pertain to the
Airport or the Leased Premises. If any environmental law or regulation requires Lessee to file
any notice or report of a release or threatened release of regulated materials on, under or
about the Leased Premises or the Airport, Lessee shall promptly submit such notice or report
to the appropriate governmental agency and simultaneously provide a copy of such report or
notice to City. In the event that any written allegation, claim, demand, action or notice is made
against Lessee regarding Lessee's failure or alleged failure to comply with any environmental
law or regulation, Lessee, as soon as practicable, shall notify City in writing and provide same
with copies of any such written allegations, claims, demands, notices or actions so made.
17.09 The parties to this Lease, including the tenants or sublessees who may enjoy a
future right of occupation through Lessee, acknowledge a right and a duty in City, exercised
by the Aviation Director, to review safety and potential environmental impacts of any proposed
operation, business, maintenance or other activity of the Lessee and its sublessees. To this
end, said Director shall have authority to disapprove an activity of the Lessee and/or any
sublessee not otherwise expressly permitted under this Lease, on the basis of a risk
assessment. The parties understand that Leased Premises are not intended for use involving
refining, processing, manufacturing, maintenance (not already required by the Minimum
Standards), overhaul, or similar heavy industrial activities entailing use, storage, manufacture,
or transport of critical volumes of regulated or hazardous materials or toxic chemicals. For
purposes of this Lease, “critical volumes” are those which pose or may pose an unreasonable
risk to Airport property, its occupants, employees or the traveling public.
ARTICLE 18. SIGNS
Any signs installed on the Leased Premises shall be submitted to the Aviation Director for
approval prior to installation. Lessee shall neither erect signs nor distribute advertising matter
upon Airport Premises, without the prior written consent of the Aviation Director. All
signage must be in compliance with applicable City code standards and restrictions.
ARTICLE 19. REGULATIONS
Lessee's officers, agents, employees, contractors, subcontractors, tenants and subtenants
shall obey all rules and regulations promulgated by City, its authorized agents in charge of the
Airport, or other lawful authority, to insure the safe and orderly conduct of operations and
traffic thereon.
ARTICLE20.QUALITYOFSERVICES
Lessee shall, at all times, furnish good, prompt and efficient commercial aviation services, in
compliance with the applicable Minimum Standards, adequate to meet demand for same at
the Airport, furnish said services on a non-discriminatory basis to all users thereof, and charge
non- discriminatory prices for each unit of sale or service; provided, however, that Lessee will
be allowed to make reasonable and non-discriminatory discounts, rebates or other similar
types of price reductions to volume purchasers.
ARTICLE 21. TIME OF EMERGENCY
During time of war or national emergency, City shall have the right to lease the landing area
or any part thereof to the United States for government use, and, if such lease is executed,
the provisions of this Lease, insofar as they are inconsistent with those of the Government
lease, shall be suspended.
ARTICLE 22. SUBORDINATION OF LEASE & RIGHT OF RECAPTURE
22.01 This Lease shall be subordinate to the provisions of any existing or future
agreement between City and the United States of America and/or the State of Texas
regarding operation or maintenance of the Airport, the execution of which has been or may
be required as a condition precedent to the expenditure of Federal or state funds for the
development of the Airport. Should the effect of such agreement with the United States be to
take any of the property under lease, or substantially alter or destroy the commercial value of
the leasehold interest granted herein, City shall not be held liable therefore, but, in such event,
Lessee may cancel this Lease upon ten (10) days' written notice to City. Notwithstanding the
foregoing, City agrees that, in the event it becomes aware of any such proposed or pending
agreement or taking, City shall utilize its best efforts to give the maximum possible notice
thereof to Lessee. Any portion of the Leased Premises recaptured from Lessee under this
provision shall result in a proportionate abatement of rent as of the date the recapture is
effectuated.
22.02 City shall have the right to recapture any or all of the Leased Premises to the
extent that such are necessary for the City's development, improvement, and or maintenance
of the Airport's runways and taxiways; for protection or enhancement of flight operations; or
for other development in compliance with any current or future Airport Master Plan and
Airport layout plan. In the event of any such recapture, Lessee and City shall execute an
amendment reflecting a corresponding adjustment to the Leased Premises and rent,
according to the then applicable rental rates. In the event Lessee has made an investment
in accordance with an approved Capital Improvement Plan during the Initial Term of this
Agreement or any extension thereof and a portion or all of the Leased Premises are
recaptured, the total Direct Construction Costs for the approved Capital Improvement Plan
during the Term of the Lease shall be amortized on a straight line basis over the Initial Term
or the Renewal Period of the Lease Agreement (whichever is applicable) and a payment
issued by the City to the Lessee for the unamortized amount of the Direct Construction Costs
for the approved Capital Improvements completed by Lessee and accepted by the City for
the remaining balance of the Initial Term or Renewal Period of the Lease Agreement. The
City will make this payment to Lessee within 60 calendar days following delivery by Lessee
to City of all necessary invoices, checks, contracts or other financial or construction
documents necessary for the City to calculate the unamortized amount of Direct Construction
Costs invested by Lessee in the Capital Improvements which has not been amortized.
22.03 City shall have the right to recapture any or all of the Leased Premises to the
extent that such are necessary for the City’s development, improvement, and or maintenance
of the Airport’s runways and taxiways; for protection or enhancement of flight operations; or
for other development in compliance with any current or future Airport Master Plan and Airport
layout plan. In the event of any such recapture, Lessee and City shall execute an Amended
Agreement reflecting a corresponding adjustment to the Leased Premises and rent.
ARTICLE 23. SECURITY
23.01 Lessee shall comply with all rules, regulations, statutes, orders, directives or other
mandates of the United States or State of Texas, regarding Airport security requirements or
measures. Additionally, Lessee shall comply with the Airport Security Program, as may be
amended from time to time, a copy of which will be provided by City to Lessee upon request.
23.02 City reserves the right to require Lessee to install access control system(s) and/or
surveillance cameras at all points of access from public areas to security-restricted areas.
Airport security officials must be able to access, inspect and monitor such access control
system(s) and/or surveillance cameras.
23.03 Lessee shall comply with all current and future mandates of the Transportation
Security Administration, of successor agency, for background investigations of its personnel.
23.02 Lessee shall indemnify and hold harmless City, its officers and employees from
any charges, fines or penalties that may be assessed or levied by any department or
agency of the United States or State of Texas, by reason of Lessee's failure to comply
with any applicable security provision and/or requirement for compliance set forth
herein. Lessee is responsible for payment of all such fines and penalties.
ARTICLE 24. DEFAULT AND REMEDIES
24.01 Each of the following shall constitute an event of default by Lessee or its parent
company, successor company or related company(ies):
(a) Lessee shall fail to pay any rent as provided for in this Lease Agreement and
such failure shall continue for a period of ten (10) days after receipt by Lessee of written
notice thereof.
(b) Lessee shall neglect or fail to perform or observe any of the terms, provisions,
conditions or covenants herein contained, and if such neglect or failure should continue for a
period of thirty (30) days after receipt by Lessee of written notice of same, or if more than
thirty (30) days shall be required because of the nature of the default, if Lessee shall fail within
said thirty (30) day period to commence and thereafter diligently proceed to cure such default.
(c) Lessee shall become insolvent; take the benefit of any present or future
insolvency statute; make a general assignment for the benefit of creditors; file a voluntary
petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of
its indebtedness under the federal bankruptcy laws, or under any other law or statute of the
United States or of any state thereof; or consent to the appointment of a receiver, trustee or
liquidator of all or substantially all of its property.
(d)An Order of Relief shall be entered, at the request of Lessee or any of its
creditors, under federal bankruptcy, reorganization laws or any law or statute of the United
States or any state thereof.
(e) A petition under any part of the federal bankruptcy laws, or an action under
any present or future insolvency law or statute, shall be filed against Lessee and shall not be
dismissed within thirty
(30) days after the filing thereof.
(f) Pursuant to, or under the authority of, any legislative act, resolution, rule, or
any court, governmental, agency or board order or decree or officer, a receiver, trustee, or
liquidator shall take possession or control of all or substantially all of the property of Lessee
and such possession or control shall continue in effect for a period of fifteen (15) days.
(g) Lessee shall become a corporation in dissolution or voluntarily or involuntarily
forfeit its corporate charter.
(h) The rights of Lessee hereunder shall be transferred to, pass to or devolve
upon, by operations of law or otherwise, any other person, firm, corporation or other entity, in
connection with or as a result of any bankruptcy, insolvency, trusteeship, liquidation or other
proceeding or occurrence described in Paragraphs c through g of this Section 24.01.
(i) Lessee shall voluntarily discontinue its operations at the Airport for a period of
ninety (90) consecutive days.
(j) If Lessee sells, transfers or assigns this Lease to or is sold, transferred or
assigned this Lease from any entity or organization that have an interest in any other FBO
operating at the Airport.
24.02 In the event any default shall occur, City then, or at any time thereafter, but prior to
the removal of such condition of default, shall have the right, at its election, either to terminate
this Lease and/or any sublease agreements that Lessee may have, by giving at least five (5)
days written notice to Lessee, at which time Lessee will then quit and surrender the Leased
Premises to City, but Lessee shall remain liable as herein provided, or enter upon and take
possession of the Leased Premises (or any part thereof in the name of the whole), without
demand or notice, and repossess the same as of the City's former estate, expelling Lessee
and those claiming under Lessee, forcibly if necessary, without prejudice to any remedy for
arrears of rent or preceding breach of Lease.
24.03 City's repossession of the Leased Premises shall neither be construed as an election
to terminate this Lease and/or any sublease agreements that Lessee may have nor shall it
cause a forfeiture of rents or other charges remaining to be paid during the balance of the term
hereof, unless a written notice of such intention be given to Lessee, or unless such termination
is decreed by a court of competent jurisdiction.
24.04 Upon repossession, City shall have the right, at its election, whether or not this Lease
and/or any sublease agreements that Lessee may have shall be terminated, to relet the
Leased Premises or any part thereof for such period(s), which may extend beyond the term
hereof, at such rent and upon such other terms and conditions as City may, in good faith,
deem advisable. Notwithstanding any law or anything contained herein to the contrary, to the
full extent permitted under applicable law, Lessee and City agree that City's duty to relet the
Leased Premises or otherwise to mitigate damages hereunder shall be limited to those
requirementssetforthintheTexasPropertyCode,as amended.Cityshallinnoeventbe
liable, and Lessee's and sub lessees’ liability shall not be affected or diminished whatsoever,
for failure to relet the Leased Premises, or in the event the Leased Premises are relet, for
failure to collect any rental under such reletting, so long as the City uses objectively
reasonable efforts to comply with said Property Code. City and Lessee agree that any such
duty shall be satisfied and City shall be deemed to have used objective reasonable efforts to
relet the Leased Premises and mitigate City’s damages by: (a) posting a “For Lease” sign on
the Leased Premises; (b) advising City’s lease agent, if any, of the availability of the Leased
Premises; and (c) advising at least one (1) outside commercial brokerage entity of the
availability of the Premises.
24.05 In the event that City elects to relet the Leased Premises, rentals received by same
from such reletting shall be applied: first, to the payment of any indebtedness, other than rent
due hereunder from Lessee under this Lease; second, to the payment of any cost of such
reletting; third, to the payment of rent due and unpaid hereunder; and finally, the residue, if
any, shall be held by City and applied hereunder. Should that portion of such rentals received
from such reletting during any month, which is applied to the payment of rent hereunder, be
less than the rent payable during that month by Lessee hereunder, then Lessee shall pay
such deficiency to City. Such deficiency shall be calculated and paid monthly. Lessee shall
also pay to City, as soon as ascertained, any costs and expenses incurred by City in such
reletting not covered by the rentals received from such reletting of the Leased Premises.
24.06 If City shall terminate this Lease or take possession of the Leased Premises by
reason of a condition of default, Lessee and those holding under Lessee, shall forthwith
remove their goods and effects from the Leased Premises. If Lessee or any such claimant
shall fail to effect such removal forthwith, City may, without liability to Lessee or those claiming
under Lessee, remove such goods and effects and store same for the account of Lessee or
of the owner thereof at any place selected by City, or, at City's election, and upon giving
fifteen (15) days’ written notice to Lessee of date, time and location of sale, City may sell the
same at public auction or private sale on such terms and conditions as to price, payment and
otherwise, as City in its sole discretion may deem advisable. If, in City's judgment, the cost of
removing and storing, or of removing and selling any such goods and effects, exceeds the
value thereof or the probable sale price thereof, as the case may be, City shall have the right
to dispose of such goods in any manner City may deem advisable.
24.07 Lessee shall be responsible for all costs of removal, storage and sale, and City shall
have the rightto reimburse the Airport from the proceeds of any sale for all such costs paid or
incurred by City. If any surplus sale proceeds remain after such reimbursement, City may
deduct from such surplus any other sum due to City hereunder and shall pay over to Lessee
any remaining balance of such surplus sale proceeds.
24.08 If City shall enter into and repossess the Leased Premises as a result of Lessee’s
default in the performance of any of the terms, covenants or conditions herein contained, then
Lessee hereby covenants and agrees that it will not claim the right to redeem or re-enter the
said Premises to restore the operation of this Lease, and Lessee hereby waives the right, and
the right of any party claiming through or under Lessee, to such redemption and re-entrance
under any present or future law, and does hereby further, for any party claiming through or
under Lessee, expressly waive its right, if any, to make payment of any sum or sums of rent,
or otherwise, of which Lessee shall have made default under any of the covenants of the
Lease and to claim any subrogation of the rights of Lessee under these presents, or any of
the covenants thereof, by reason of such payment.
24.09 All rights and remedies of City herein created or otherwise existing at law are
cumulative, and the exercise of one or more rights or remedies shall not be taken to exclude
or waive the right to the exercise of any other. All such rights and remedies may be exercised
and enforced concurrently, whenever and as often as deemed desirable.
24.10 If proceedings shall, at any time, be commenced for recovery of possession, as
aforesaid, and compromise or settlement shall be effected either before or after judgment whereby
Lessee shall be permitted to retain possession of the Leased Premises, then such proceeding
shall not constitute a waiver of any condition or agreement contained herein or of any subsequent
breach thereof or to this Lease.
24.11 Any amount paid or expense or liability incurred by City for the account of Lessee
may be deemed to be additional rental and the same may, at the option of City, be added to
any rent then due or thereafter falling due hereunder.
ARTICLE 25. HOLDING OVER
It is agreed and understood that any holding over by Lessee or sublessee, with City’s written
consent, at sole discretion of City, after the termination of this Lease, shall not renew and
extend same, but shall operate and be construed as a tenancy from month-to-month, not to
exceed six (6) months, upon all the terms and conditions set forth herein, except that rental
shall be paid to City by Lessee for all buildings on the Leased Premises at one hundred
twenty- five percent (125%) the then current rents, fees and charges in effect as of the end
of the primary term of this Lease or the ground rental rate established through appraisal.
Lessee shall be liable to City for all loss or damage resulting from such holding over against
City's will after the termination of this Lease, whether such loss or damage may be
contemplated at this time or not. It is expressly agreed that acceptance of the foregoing rental
by City, in the event that Lessee fails or refuses to surrender possession, shall not operate to
give Lessee any right to remain in possession beyond the period for which such amount has
been paid nor shall it constitute a waiver by City of its right to immediate possession thereafter.
ARTICLE 26. ASSIGNMENT AND SUBLET
26.01 Lessee shall not transfer or assign this Lease or Lessee's interest in or to the Leased
Premises, or any part thereof, without having first obtained City’s prior written consent, which
may be given only by or pursuant to an ordinance enacted by the City Council of the City of
Corpus Christi, Texas. Lessee may not assign or sublet this Lease to any other FBO operating
at the Airport or to any entity or organization that has any financial, equity or ownership interest
in any other FBO operating at the Airport. Notwithstanding the foregoing and for so long as
any pledge or collateral assignment of Lessee's interest in the Lease shall be by instrument
substantially in such form as shall have previously been approved by the City Council, the
consent of City to such pledge or collateral assignment may be given by City acting by and
through the Aviation Director.
26.02 Lessee shall not sublet the Leased Premises or any part thereof without having first
obtained the Aviation Director’s written consent, which will be granted in the Aviation Director’s
sole discretion, and co-signature to any sublease. Failure either to obtain City's prior written
consent or to comply with the provisions herein contained shall operate to prevent any such
transfer, assignment or subletting from becoming effective. In the event Lessee requests
permission to sublease, the request shall be submitted to the said Director prior to the
effective date of the sublease requested andshallbeaccompaniedbyacopyoftheproposed
sublease agreement(s) and of all agreement(s) collateral thereto. The identity of the
sublessee, the area or space to be subleased, the rental to be charged, the type of business
to be conducted, reasonable financial history and all other relevant information requested by
said Director shall be specified. It is expressly understood and agreed that the storage of
aircraft inside any hangar at the Leased Premises pursuant to what is commonly referred to
as a “use and occupancy agreement” as part of the permitted FBO services offered at the
Airport shall not constitute a sublease which would otherwise be subject to the terms and
conditions of this section 26.02.
26.03 Should the subletting of the Leased Premises be approved by City, however, Lessee
agrees and acknowledges that it shall remain fully and primarily liable under this Lease,
notwithstanding any such sublease and that any such sublessee shall be required to attorn
to City hereunder.
26.04 The receipt by the City of rent from an assignee, subtenant or occupant of the Leased
Premises shall not be deemed a waiver of the covenant in this Lease against assignment and
subletting or an acceptance of the assignee, subtenant or occupant as a tenant or a release
of the Lessee from further observance or performance by Lessee of the covenants contained
in this Lease. No provision of this Lease shall be deemed to have been waived by the City,
unless such waiver is in writing, signed by the Aviation Director.
ARTICLE 27. FIRE AND OTHER DAMAGE
27.01 In the event the Leased Premises shall be partially damaged by fire or other casualty
through no fault of Lessee, Lessee shall give immediate notice thereof to City and the Leased
Premises shall be repaired, at City’s expense, without unreasonable delay, unless City
determines that the damage is so extensive that repair or rebuilding is not feasible. From the
date of such casualty until repair, monthly rents, fees and charges hereunder shall abate
based on the proportion of the Leased Premises destroyed, or rendered unhabitable, bears
to the total Premises; provided, however, that if said Premises shall be so slightly damaged
in any such way so as to be rendered unusable, the rent hereunder shall not cease or be
abated during any repair period. In the event that the damage to the Premises, by fire or other
casualty, is so extensive that the Premises are rendered wholly unusable, and such damage
to the Premises, in the exclusive judgment of City, makes occupancy and use to be
impractical, then at the option of the City, and upon notice to Lessee, this Lease, as it applies
to said Premises, shall cease, and the rent hereunder shall be apportioned and paid up to
date of such damage. If the City elects to restore the Premises, City shall notify Lessee of
such intention within thirty (30) days of the date of the damage, otherwise the Lease, as
applicable to said Premises, shall be deemed canceled and of no further force or effect.
27.02 The City’s obligation to rebuild or repair under this Article shall, in any event, be
limited to restoring said Leased Premises to substantially the condition that existed prior to
the commencement of Lessee’s Capital Improvements, if any, performed by Lessee and shall
further be limited to the extent of the insurance proceeds available to City for such restoration.
Lessee agrees that if the City elects to repair or rebuild as set forth in this Article, then Lessee
will proceed with reasonable diligence, at its sole cost and expense, to rebuild, repair and
restore its Capital Improvements to the Leased Premises, signs, fixtures, furnishings,
equipment and other items provided or installed by Lessee in or about the Leased Premises
in a manner and to a condition at least equal to that which existed prior to the damage or
destruction.
ARTICLE 28. LAWS AND ORDINANCES
Lessee agrees to comply promptly with all laws, ordinances, orders and regulations affecting
the Leased Premises, including, but not limited to, those related to its cleanliness, safety,
operation, security, environmental, use and business operations. Lessee shall comply with
all Federal, State and local regulations concerning its operation on the Airport and shall
indemnify and hold harmless City, its officers and employees, from any charges, fines or
penalties that may be assessed or levied by any department or agency of the United States,
the State of Texas, or any other governmental agencies, or their successor agencies, with
jurisdiction over the Airport by reason of Lessee's failure to comply with the terms of this Article
or with any other terms set forth in this Lease .
ARTICLE 29. TAXES AND LICENSES
Lessee shall, at its sole cost and expense, pay on or before their respective due dates, to the
appropriate collecting authority, all Federal, State and local taxes and fees, which are now or
may hereafter be levied upon the Lessee, Leased Premises, the business conducted thereon
or upon any of Lessee’s property used in connection therewith including, but not limited to,
any possessory interest taxes. Lessee shall also maintain and provide to the City upon
request, in current status, all Federal, State and local licenses and permits required for the
operation of its business.
ARTICLE 30. NONDISCRIMINATION & AFFIRMATIVE ACTION REGULATIONS
30.01 Any discrimination by Lessee, its sublessees, agents or employees, based on race,
color, creed, sex, age, religion, national origin or handicap, in employment practices, use of
or admission to the Leased Premises, is prohibited.
30.02 Lessee for itself, its heirs, representatives, successors and assigns, as a part of the
consideration hereof, does hereby covenant and agree, as a covenant running with the land,
that in the event facilities are constructed, maintained or otherwise operated on the Leased
Premises, for a purpose for which a DOT program or activity is extended or for another
purpose involving the provision of similar services or benefits, Lessee shall maintain and
operate such facilities and services in compliance with all other requirements imposed
pursuant to 49 CFR pt 21, Nondiscrimination in Federally Assisted Programs of the
Department of Transportation, and as said Regulations may be amended.
30.03 Lessee for itself, its representatives, successors and assigns, as a part of the
consideration hereof, does hereby covenant and agree, as a covenant running with the land,
that: (a) no person, on the grounds of race, color, creed, sex, age, religion, national origin or
handicap, shall be excluded from participation in, denied the benefits of, or be otherwise
subjected to discrimination, in the use of said facilities; (b) that in the construction of any
improvements on, over or under such land and the furnishing of services thereon, no person
on the grounds of race, color, creed, sex, age, religion, national origin or handicap shall be
excluded from participation, denied the benefits of, or otherwise be subjected to
discrimination; and (c) that Lessee shall use the Leased Premises in compliance with all other
requirements imposed by or pursuant to 49 CFR pt 21, Nondiscrimination in Federally
AssistedProgramsoftheDepartmentofTransportation,andassaidRegulationsmaybe
amended.
30.04 Lessee agrees that it will comply with applicable statutes, Executive Orders and such
rules as are promulgated by applicable state, federal or municipal agencies to assure that no
person shall be excluded from participating in any activity conducted with or benefiting from
Federal assistance on the basis of race, creed, color, national origin, sex age, or handicap.
Lessee, is successors and assigns, shall be obligated to comply with the provisions of this
Section 30.04 for the period during which Federal assistance is extended to the Airport during
the Term of this Lease, except where Federal assistance is to provide, or is in the form of
personal property or real property or interest therein or structures of improvements thereon.
In these cases, this Section 30.04 shall apply to Lessee, its successors and assigns, through
the later of: (a) the period during which such property is used by City, its successors and
assigns for a purpose for which Federal assistance is extended, or for another purpose
involving the provision of similar services or benefits; or (b) the period during which City, its
successors or assigns, retains ownership or possession of the Leased Premises.
ARTICLE 31. COMPLIANCE WITH STATE & FEDERAL LAWS
31.01 The following provisions are in this Lease Agreement for compliance with state and
federal law, and the City does not opine on their validity or enforceability. Lessee shall bear the
entire sole burden for complying with any of these clauses. Prior to the enforcement of any of
the following clauses, the City will give at least 30 days’ notice of alleged violation thereof and
an opportunity for the Lessee to be heard concerning the alleged violation, effect thereof on the
City, and proposed remedial measures:
(a) Lessee warrants that it is and will continue to be an equal opportunity employer
and hereby covenants that no employee or customer will be discriminated against because of
race, religion, sex, age, disability, creed, color, or national origin.
(b) Lessee shall provide all services and activities required to comply with the Civil
Rights Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section
504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law 101-
336 \[S.933\].
(c) Lessee agrees to comply with Tex. Gov’t Code § 2252.908 and submit Form
1295 to the City with the signed agreement. The Parties agree that the City is not responsible
for the information contained in Form 1295.
(d) In accordance with Tex. Gov’t Code §2252.909, Lessee must include in each
contract for the construction, alteration or repair of an improvement to the Leased Premises a
condition that the contractor execute a payment bond that conforms to Subchapter I, Chapter
53, Property Code and a performance bond equal to the amount of the contract and conditioned
on the faithful performance of the contractor’s work in accordance with the plans, specifications
and contract documents. Lessee must provide the City with a notice of commencement at least
90 days prior to start of construction, alteration or repair that complies with Texas Gov’t Code §
2252.909.
ARTICLE 32. WAGES and EMPLOYMENT
Lessee shall comply with all federal, state and local wage and employment laws, ordinances,
rules and regulations. All employees must be legally employable in the United States.
ARTICLE33.FORCEMAJEURE
If either party shall be delayed or prevented from the performance of any act required
hereunder by reason of acts of God, strikes, lockouts, labor troubles, war, terrorism, inability
to procure materials, restrictive governmental laws or regulations or other cause, without fault
and beyond the control of the party obligated (the financial inability of the party excepted),
performance of such act shall be extended by a period equal to the period of such delay;
provided, however, that nothing in this paragraph shall excuse Lessee from the prompt
payment of any rental except as may be expressly provided otherwise in this Lease; and
further provided that the party relying on this paragraph shall provide written notice to the other
party notifying such other party of the force majeure event promptly after such force majeure
event, and shall proceed with all diligence to complete the performance of the act upon the
cessation of the force majeure event.
ARTICLE 34. ATTORNEYS’ FEES
Excluding an action to enforce the indemnification provisions of this Lease Agreement, in the event
that City or Lessee brings an action under this Lease Agreement to enforce any term, covenant or
obligation of this Lease Agreement, each party shall be responsible for their own attorneys’ fees
incurred in the defense or prosecution thereof.
ARTICLE 35. SEVERABILITY
If any clause or provision of this Lease is illegal, invalid or unenforceable under present or future
laws, it is the parties’ intention that the remainder hereof not be affected. In lieu of each clause or
provision that is illegal, invalid or unenforceable, the parties intend that there be added, as a part
of this Lease, a clause or provision, as similar in terms to such illegal, invalid or unenforceable
clause or provision, as may be possible, yet be legal, valid and enforceable.
ARTICLE 36. AMENDMENT
This Lease, together with its authorizing ordinance, constitutes the entire agreement between the
parties. No amendment, modification or alteration of the terms of this Lease shall be binding,
unless the same is in writing, dated subsequent to the date hereof and duly executed by the
parties hereto.
ARTICLE 37. NOTICES
With the exception of notices to be provided to the City under the hazardous materials/substances
provision of Section 17 and the indemnification provisions of Section 24 of this Lease, all notices
required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail,
return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery,
or delivered in person, and properly addressed as indicated below:
If to City:
Director of Aviation
Corpus Christi International Airport 1000 International Drive
Corpus Christi, Texas 78406
If to Sterling:
Mr. Shawn Morgan, President Sterling Air Services, LLC 514 Hangar Lane
Corpus Christi, Texas 78406
or to such other respective addresses as the parties may designate to each other in writing from
time to time.
ARTICLE 38. RELATIONSHIP OF PARTIES
Nothing contained herein shall be deemed or construed by the parties hereto, or by any third party,
as creating the relationship of principal and agent, partners, joint venturers or any other similar
such relationship, between the parties hereto. It is understood and agreed that neither the method
of computation of rent, nor any other provision contained herein, nor any acts of the parties hereto,
creates a relationship other than one of City and Lessee.
ARTICLE 39. CUMULATIVE REMEDIES NO WAIVER – NO ORAL CHANGE
The specific remedies of the parties under this Lease are cumulative and do not exclude any other
remedies to which they may be lawfully entitled, in the event of a breach or threatened breach
hereof. The failure of either party ever to insist upon the strict performance of any covenant of this
Lease, or to exercise any option herein contained, shall not be construed as its future waiver or
relinquishment thereof. City’s receipt of a rent payment, with knowledge of the breach of any
covenant hereof, shall not be deemed a waiver of such breach. Further, no waiver, change,
modification or discharge by either party of any provision of this Lease shall be deemed to have
been made or be effective, unless in writing and signed by the party to be charged. In addition to
other remedies herein, the parties shall be entitled to an injunction restraining the violation, or
attempted violation, of any of the covenants, conditions or provisions hereof, or to a decree
compelling performance of same; subject, however, to other provisions herein.
ARTICLE 40. CONFLICT OF INTEREST
Lessee warrants and certifies, and this Lease Agreement is made in reliance thereon, that Lessee,
it’s officers, employees, representatives and agents are neither officers nor employees of the City
of Corpus Christi, Texas. Lessee further warrants and certifies that it has tendered to the City a
true and correct Disclosure of Interest Statement in compliance with Section 2-349 of the City’s
Code of Ethics.
ARTICLE 41. GENERAL PROVISIONS
41.01 Incorporation of Required Provisions. City and Lessee incorporate herein by this
reference all provisions lawfully required to be contained herein by any governmental body or
agency.
41.02 Nonexclusive Rights. It is understood and agreed that nothing herein contained shall be
construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of
the Federal Aviation Act, as amended, for the conduct of any activity on the Airport property, except
that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive
possession of the Leased Premises.
41.03 Removal of Disabled Aircraft. Lessee shall promptly remove any disabled aircraft that is
in the care, custody, or control of Lessee from any part of the Airport (other than the Leased
Premises) including, without limitation, runways, taxiways, aprons, and gate positions, and place
any such disabled aircraft in such storage areas as may be designated by the Aviation Director.
Except as to aircraft subject to bailment and/or for which Lessee is owed money from a customer,
Lessee may store such disabled aircraft only for such length of time and on such terms and
conditions as may be established by City. If Lessee fails to remove any of disabled aircraft
promptly, the Aviation Director may, but shall not be obligated to, cause the removal of such
disabled aircraft, provided, however, the obligation to remove or store such disabled aircraft shall
not be inconsistent with federal laws and regulations and Lessee agrees to reimburse City for all
costs of such removal, and Lessee further hereby releases City from any and all claims for
damage to the disabled aircraft or otherwise arising from or in any way connected with such
removal by City unless caused by the negligence or recklessness of City.
41.04 Airport Access License/Permit. City reserves the right to establish a licensing or permit
procedure for vehicles requiring access to the Airport operational areas and to levy directly against
Lessee or its suppliers a reasonable regulatory or administrative charge (to recover the cost of
any such program) for issuance of such Airport access license or permit.
41.05 Compliance with 14 CFR pt 77. Lessee agrees to comply with the notification and review
requirements covered in Part 77, Title 14, Code of Federal Regulations, FAA Regulations, in the
event future construction of a building is planned for the Leased Premises, or in the event of any
planned modification or alteration of any present or future building or structure situated on the
Leased Premises.
41.06 Reservations re: Airspace and Noise. There is hereby reserved to City, its successors,
and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the
airspace above the surface of the Leased Premises.
41.07 Inspection of Books and Records. Each party hereto, at its expense and on
reasonable notice, shall have the right from time to time to inspect and copy the books,
records, and other data of the other party relating to the provisions and requirements hereof,
provided such inspection is made during regular business hours and such is not prohibited
by the U.S. Government.
41.08 Independent Contractor. Lessee is not an employee or agent of City by reason of this
Lease, or otherwise. Lessee shall be solely responsible for its acts and omissions arising from
or relating to its operations or activities at Airport, or lease of property herein. Nothing herein,
shall be construed to imply that this a joint venture between the City and Lessee.
41.09 Authority of Agreement. Lessee warrants and represents that it has the right, power,
and legal capacity to enter into, and perform its obligations under this Lease, and no
approvals or consents of any persons are necessary in connection with it. The execution,
delivery, and performance of this Lease Agreement by the undersigned Lessee
representatives have been duly authorized by all necessary corporate action of Lessee, and
this Lease will constitute a legal, valid, and binding obligation of Lessee, enforceable in
accordance with its terms.
41.10 Authority of the Aviation Director. The Aviation Director shall administer this Lease on
behalf of City. Whenever this Lease calls for approval by City, such approval shall be
evidenced,inwriting, by either the Aviation Director or the City Manager of the City of Corpus
Christi or his designee. In no event shall this language be considered a waiver by Lessee to
object to decisions by the Aviation Director which it considers to be arbitrary, capricious or
inconsistent with any express obligations to act reasonably set forth herein.
41.11 Consent. Unless stipulated otherwise herein, whenever the consent or approval of
either party hereto is required or authorized hereunder, such consent or approval shall not be
unreasonably withheld, unreasonably conditioned, or unreasonably delayed.
41.12 Net Agreement. It is the intent and purpose of the City and Lessee that all rents
payable by Lessee herein shall be absolutely net to the City so that this Lease shall yield to
City the entire rent specified, in each year of this Lease, free of any charges, assessments,
impositions or deductions of any kind or character which may be charged, assessed, or
imposed on or against Lessee or the Leased Premises, without abatement, deduction or set-
off by Lessee.
41.13 Noise Control. Lessee, for itself and each of its officers, representatives, agents,
employees, guests, patrons, contractors, subcontractors, licensees, subtenants, invitees, or
suppliers shall not conduct any operation or activity on the Leased Premises, or elsewhere
at Airport, in which the sound emitting therefrom is of such volume, frequency or intensity at
such time as to constitute a nuisance. The Aviation Director shall have the sole and exclusive
authority to determine what constitutes a nuisance under the provisions of this Lease
Agreement except those operations and activities having noise levels not in violation of
federal, State, or local governmental standards shall not be deemed a nuisance.
41.14 Time is of the Essence. Time shall be of the essence in complying with the terms,
conditions and provisions of this Lease.
41.15 Vehicular Parking. Vehicular parking in the areas included in the Leased Premises
shall be restricted to parking directly related to Lessee’s operations on the Leased Premises
by Lessee, its officers, representatives, agents, employees, guests, patrons, volunteers,
contractors, subcontractors, licensees, and suppliers. Access to vehicular parking areas
within the Leased Premises shall be coordinated through the Airport’s overall parking
management program.
41.16 Incorporation of Exhibits. All exhibits referred to in this Lease Agreement are intended
to be and hereby are specifically made a part of this Lease.
EXHIBIT A: Aerial Map
EXHIBIT B: Leased Premises
EXHIBIT C: Insurance Requirements
EXHIBIT D: Corpus Christi International Airport Schedule of Fees and Charges
EXHIBIT E: Fuel Flowage Fees
EXHIBIT F: Apron Remain Overnight Fees
ARTICLE 42. AUDIT
42.01 Lessee shall keep complete and accurate accounts, records and books pertaining to
the lease of the Leased Premises and FBO services rendered in connection with the permitted
uses under this Lease Agreement, including all expenses, costs and expenditures for the
Leased Premises andother information reasonably necessary or pertinent to determine the
amounts due and payable under this Lease. Such records may be kept by Lessee at its local
office or at the management office for the Leased Premises for seven (7) years after each annual
financial statement has been delivered to City. Such books and records shall be made available
to the City and its agents (or copies shall be furnished at the City's request) at all times, on not
less than five (5) business days' notice, during regular business hours for examination and audit.
If such books and records are located outside the City of Corpus Christi, Lessee shall make
them available to the City within the City of Corpus Christi.
42.02 If the results of such examination or audit by the City establishes a deficiency in Rent,
Fees or Charges payable to the City, Lessee shall within ten (10) days’ pay to the City the
deficiency. In the event that a deficiency in such Rent, Fees or Charges is found in any calendar
year which is five percent (5%) or more, Lessee shall pay the full cost of any audit or examination
requested by the City if Lessee is responsible for such deficiency, and Lessee shall also pay interest
on that deficiency at the rate of 6% per annum for the time that that deficiency was owed to the
City. Under no circumstances, shall said interest rate exceed the maximum non-usurious interest
rate as allowed by law. The inspection on behalf of the City may be made by an officer, employee
or other designee of the City.
42.03 City shall have the right during each calendar or fiscal year to authorize an audit of
Lessee’s records pertaining to its operations at the airport. Such audits shall be undertaken by the
City’s staff or a firm of certified public accountants, satisfactory to City. Except with respect to an
audit of Gross Proceeds as set forth in Section 10.02 of the Lease Agreement, the cost of such
audit shall be paid by City, unless the results of such audit reveal a discrepancy of more than
three percent (3%) between the amounts that should have been paid under this Lease Agreement
and the amounts actually paid during any calendar or fiscal year. In case of such discrepancy, the
full cost of the audit shall be paid by Lessee. Any additional auditing expense resulting from
Lessee’s inability or refusal to provide records as required by the auditor shall be paid by Lessee.
The Lessee shall forthwith pay to the City the full amount of all rents, fees and charges found to
be due and owing based upon the results of the audit if a discrepancy exists plus a $500 late fee.
This amount shall be paid within thirty (30) days of written notice by City.
ARTICLE 43. PARTIES BOUND
This Lease shall be binding upon and inure to the benefit of the parties hereto and their respective
heirs, executors, administrators, legal representatives, successors and assigns, as permitted
hereby.
ARTICLE 44. TEXAS LAW TO APPLY
All obligations under this Lease are performable in Nueces County, Texas, and shall be construed
pursuant to the laws of the State of Texas, except where state law shall be preempted byany rules,
laws or regulations of the United States.
ARTICLE 45. GENDER
Words of either gender used in this Lease shall be held and construed to include the other
gender, and words in the singular number shall be held to include the plural, unless the
context otherwise requires.
ARTICLE46.CAPTIONS
The captions of the provisions contained herein are for convenience in reference and are not
intended to define, extend or limit the scope of any provision of this Lease.
ARTICLE 47. ENTIRE AGREEMENT
This Lease comprises the final and entire agreement, including allterms and conditions
thereof, between the parties hereto, and supersedes all other agreements, oral or otherwise,
regarding the subject matter hereof, none of which shall hereafter be deemed to exist or to
bind the parties hereto. The parties intend that neither shall be bound by any term, condition
or representation not herein written.
Signatures on next page.
EXHIBIT
INSURANCE REQUIREMENTS
Sterling Air Service,LLC
I.LESSEE
A.Lessee(Sterling Air Service, LLC) must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City. Lesseemust not allow any
subcontractorto commence work until all similar insurance required of any subcontractorhas been
obtained.
B.Lesseeand Contract Administer one (1)copyof Certificates of
Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
The City must be listed as an additional
insured on the General Liability and Auto Liability policiesby endorsement, and a waiver of subrogation
is required on all applicable policies.Endorsementsmust be provided with COI. Project name and/or
number must be listed in Description Box of COI.
TYPE OF INSURANCEMINIMUM INSURANCE COVERAGE
Commercial General Liability Including:
$1,000,000Per Occurrence
1.Commercial Broad Form
2.Premises Operations
$10,000,000Per Occurrence
3.Products/ Completed Operations
4.Contractual Liability
$20,000,000Per Occurrence
5.IndependentContractors
6.Personal Injury-Advertising Injury
RequiredNotRequired
AUTO LIABILITY (including)$5,000,000Combined Single Limit
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
RequiredNotRequired
Statutory
$1,000,000 /$1,000,000 /$1,000,000
RequiredNotRequired
HANGARKEEPERS LIABILITY$2,000,000Per Occurrence
Repair, taxiing or towing of aircraft, or in any $2,000,000Per Aircraft
way having care, custody or control of third-
party aircraft.
RequiredNotRequired
AIRCRAFT LIABILITY (including)
$1,000,000Per Occurrence
1.Owned
2.Hired and Non-Owned
$10,000,000Per Occurrence
3.Rented/Leased
$20,000,000Per Occurrence
Bodily Injury and Property DamageIncluding
Passengers, Caused by Operations of Aircraft.
In Air and On Ground.
RequiredNotRequired
Commercial Self-Fueling.
AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence
(FBOs)
Including products and completed operations,
property damage, bodily injury, and owned and
non-owned aircraft coverage.
Required Not Required
CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence
Lessee shall name the City of Corpus Christi,
Texas as Loss Payee
Required Not Required
POLLUTION LEGAL LIABILITY $2,000,000 Per Claim
Including: (Defense costs not included in face value of the
Sudden and Accidental Pollution Coverage. policy)
Cleanup and Remediation. If claims made policy, retro date must be prior to
Fuel Storage Tanks and Fueling or Refueling inception of agreement, have extended reporting
Operations. period provisions and identify any limitations
regarding who is insured.
Required Not Required
UNDERGROUND STORAGE TANK $2,000,000 Per Claim
POLLUTION LIABILITY (Defense costs not included in face value of the
Including: policy)
Coverage for third-party bodily injury and If claims made policy, retro date must be prior to
property damage (on and off-site). The UST inception of agreement, have extended reporting
insurance shall also include clean up, period provisions and identify any limitations
remediation, restoration costs, and other regarding who is insured.
related costs and expenses. If this coverage is
claims-made, the policy retro date shall be set
and maintained not later than the inception date
of this Agreement. This insurance shall be
continuously in place during the full term of
this Agreement, including any extensions or
renewals thereof, and for a period of at least
one year after the final termination of this
Agreement.
Lessee is responsible for maintaining
Required Not Required
underground storage tanks.
PROPERTY INSURANCE
Lessee shall maintain property coverage on an
Insurance limit shall be equal to replacement
cost value for each respective lease space
100% of the value of all improvements leased
included in the Agreement.
from the City. Coverage shall include fire,
Insurance shall be per occurrence basis.
wind, hail, theft, vandalism, and malicious
mischief. Coverage shall be written on a
replacement cost basis.
Lessee shall name the City of Corpus Christi,
Required Not Required
Texas as Loss Payee.
PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for
insuring all owned, leased or rented personal property.
Required Not Required
Subcontractors
Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Lessee shall ensure that City is an additional insured on insurance required from
subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as
broad as CG 20 38 04 13.
Required Not Required
C.In the event of accidents of any kind related to this agreement, Lessee must furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II.ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
ficient
Lessee will be promptly met.
B.Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any
extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C.Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies must provide a waiver of subrogation in favor of
the City; and
Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,
material change or termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
E.Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Lessee
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Lessee's performance should there be a lapse in coverage at any time during this
agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of
this agreement.
F.In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Lesseetoremove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lesseehereunder until Lesseedemonstrates compliance with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to which Lesseemay be
held responsible for payments of damages to persons or propertyresulting from Lessee's or its
subcontractor
H.It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I.It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2023Insurance RequirementsExhibit
AviationFBO/Fixed Base Operator
Contracts for General ServicesPerformed OnsiteSterling AirService, LLC
11/15/2023Risk Management Legal Dept.
SCHEDULE OF
FEES AND CHARGES
Fiscal Year 2024
October 1, 2023 – September 30, 2024
TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................... 3
GENERAL .......................................................................................................................................... 3
METHOD OF CALCULATION ............................................................................................................ 3
DEFINITIONS .................................................................................................................................... 3
WAIVER OF FEES OR CHARGES .................................................................................................... 4
AMENDMENTS AND ADDITIONS ..................................................................................................... 4
AIRCRAFT OPERATIONS .................................................................................................................... 5
RATE CLASSIFICATIONS ................................................................................................................. 5
LANDING FEES ................................................................................................................................. 5
FUEL FLOWAGE FEES ..................................................................................................................... 5
TERMINAL APRON PER USE CHARGES ........................................................................................ 5
TERMINAL APRON REMAIN OVERNIGHT FEES............................................................................. 6
GENERAL AVIATION APRON REMAIN OVERNIGHT FEES ............................................................ 6
AIRCRAFT HANGAR STORAGE ....................................................................................................... 6
AIRPORT TERMINAL BUILDING .......................................................................................................... 6
TERMINAL SPACE RATES ............................................................................................................... 7
COMMON USE CHARGES ................................................................................................................ 7
FEDERAL INSPECTION SERVICES FEES ....................................................................................... 7
INTERNATIONAL WASTE DISPOSAL .............................................................................................. 7
PARKING AND GROUND TRANSPORTATION .................................................................................... 9
PUBLIC PARKING ............................................................................................................................. 9
PARKING EXEMPTIONS AND DISCOUNTS..................................................................................... 9
COMMUTER PERMITS ................................................................................................................... 10
COMMERCIAL GROUND TRANSPORTATION ............................................................................... 10
TRANSPORTATION NETWORK COMPANY FEES ........................................................................ 10
BADGING FEES .................................................................................................................................. 11
BADGING FEES .............................................................................................................................. 11
KEY FEES ....................................................................................................................................... 11
CONFERENCE FACILITY RENTAL FEES .......................................................................................... 12
AVIATION CONFERENCE ROOM ................................................................................................... 12
AVIATION TRAINING ROOM .......................................................................................................... 13
AVIATION BOARD ROOM ............................................................................................................... 14
FY24 Schedule of Fees and Charges Page 2 of 14
INTRODUCTION
GENERAL
The Corpus Christi International Airport (“CCIA”) Schedule of Fees and Charges has been approved by
the CCIA Board Members (“Board”) and/or the Corpus Christi City Council (“City”). The Schedule of Fees
and Charges is updated annually and available on the CCIA website for tenants and other airport users.
The rates, fees, and charges specified herein are effective on October 1, 2023.
Please direct any questions or comments concerning the schedule of fees and charges to the CCIA
Finance Manager at (361) 826-1757.
METHOD OF CALCULATION
Airline Lease and Use Agreements imposed on each Signatory and Non-Signatory airline are an
obligation to pay rentals, fees, and charges for the use and occupancy at the airport. These payments,
together with rentals, fees, and charges paid by airport users will produce annual revenues sufficient to
pay operational and maintenance expenses of the airport, plus payment of principal and interest on the
CCIA debt service and other obligations required to be paid from the revenues of the airport. The Airline
Lease and Use Agreement contains formulas for the calculation of airport rates, fees, and charges.
Copies of the Airline Lease and Use Agreement may be obtained from the Department of Aviation.
DEFINITIONS
Aircraft – shall mean a fixed-wing aircraft, helicopter, and other rotary-wing airships.
Airline Lease and Use Agreement – shall mean an agreement between the City of Corpus Christi and
an airline in which the airline agrees to pay rentals, fees, and charges for its use of and operation (or
right to operate) at the Corpus Christi International Airport (“Airport”), including the use of the terminal
and facilities, and services in which the amount will be sufficient to produce revenues in each fiscal
year as required to satisfy the Airport’s obligations (“Agreement”).
Maximum Approved Landed Weight – shall mean the Federal Aviation Administration certified
approved landed weight of a specific aircraft.
Scheduled Airline – shall mean a carrier having a published arrival and departure schedule in the
“Official Airline Guide”.
Non-Scheduled Airline – shall mean a carrier not having a published arrival and departure schedule in
the “Official Airline Guide”. A Non-Scheduled Airline may operate on an ad-hoc basis or have a
program of operations for a particular travel season.
Signatory Aircraft – shall mean aircraft operated by an entity that has entered and executed an
Agreement with the City.
Non-Signatory Aircraft – shall mean an aircraft operated by an entity which has not executed an
agreement with the City substantially similar to the Agreement.
FY24 Schedule of Fees and Charges Page 3 of 14
Commercial Ground Vehicle – shall mean any ground vehicle operator including the public operator
of a military, church, school bus and/or other vehicle (except those specifically addressed and defined
elsewhere) who utilize the CCIA facilities by entering and exiting via the commercial lane, toll plazas
and/or parking booth.
WAIVER OF FEES OR CHARGES
The CCIA Director of Aviation, or his/her designee, may waive or adjust charges or fees where there is
good cause to support such waiver or adjustment. Requests should be submitted in writing within fifteen
(15) days of the charge or fee to the CCIA Finance Manager. All fees and charges under the rules set
forth in the Schedule of Fees and Charges are due until such time that the request is reviewed and/or
approved. If approved any past due account balances on file with CCIA will be satisfied before a refund
is issued to the requestor. In some cases, a waiver may be kept on file with the Aviation Administrative
Office.
AMENDMENTS AND ADDITIONS
The CCIA Director of Aviation, or his/her designee, has the authority to make interim additions, deletions,
and/or adjustments to any charge set forth in the Schedule of Charges. If new charges or amendments
are implemented, a thirty (30) day advance Notice of Revision will be issued by the CCIA Finance
Department to tenants or other interested parties.
FY24 Schedule of Fees and Charges Page 4 of 14
AIRCRAFT OPERATIONS
RATE CLASSIFICATIONS
The Signatory Rate is calculated pursuant to the formula set forth in the Agreement and is applicable to
those Airlines that execute an Agreement with the City.
The Non-Signatory Rate is 125% of the Signatory Rate and is applicable to those Airlines that have
not executed an Agreement with the City.
Rates may be proportionately adjusted for both Signatory and Non-Signatory classifications.
LANDING FEES
The airport is authorized to collect landing fees for those operations applicable under Section 9-54 of the
City Code of Ordinances.
Signatory Rate $ 2.93 per 1,000 pounds maximum landed weight
Non-Signatory Rate $ 3.66 per 1,000 pounds maximum landed weight
FUEL FLOWAGE FEES
Fuel flowage fees will be paid when fuel first arrives onto airport property for delivery into a fuel tank.
Fixed Based Operator (FBO) $ 0.09 per gallon
Specialized Aviation Service Operator (SASO) $ 0.09 per gallon
Owned Self Fueling Tanks $ 0.09 per gallon
Commercial Self-Fueling Tanks$0.09per gallon
TERMINAL APRON PER USE CHARGES
Per Use Charge is the commensurate facility use charge in lieu of “exclusive” space rent and joint use
charges assessed to Airline for baggage make up, joint use hold room and associated apron and
baggage.
Signatory Rate $ 128.09 per aircraft
Non-Signatory Rate$ 160.11 per aircraft
FY24 Schedule of Fees and Charges Page 5 of 14
TERMINAL APRON REMAIN OVERNIGHT FEES
Terminal remain overnight (RON) fees will be applicable to all aircraft parked on the terminal apron
overnight.
Signatory Rate $ 180.00 per aircraft
Non-Signatory Rate$ 225.00 per aircraft
GENERAL AVIATION APRON REMAIN OVERNIGHT FEES
General Aviation RON fees apply to ramps owned by CCIA and managed by an FBO or SASO. General
Aviation RON fees will be applicable to all aircraft parked on the general aviation aprons overnight. All
fees and charges may be adjusted periodically by the Director of Aviation. An FBO or SASO may not
charge more than the published rate below without written permission from the Director of Aviation.
Up to 12,500 lbs. $ 35.00
Between 12,500 – 60,000 lbs. $ 60.00
Over 60,000 lbs. $ 110.00
Helicopter $ 40.00
Cabin Class Charter $ 275.00
AIRCRAFT HANGAR STORAGE
A monthly fee will be charged for aircraft stored in a hangar owned and/or operated by CCIA or managed
by a third party under a current management agreement. Aircraft must be part of a fully executed CCIA
Hangar Space Agreement and must comply with all insurance requirements. The Director shall provide
the final interpretation of the category of which an aircraft is classified based on total size of aircraft.
Aircraft Type Price per Month
Small Single Engine $ 325.00
Light Twin $ 375.00
Heavy Twin $ 450.00
Turbo Prop $ 475.00
Light Jet $ 500.00
Owned by Aeronautical Non-Profit $ 1.00
AIRPORT TERMINAL BUILDING
FY24 Schedule of Fees and Charges Page 6 of 14
TERMINAL SPACE RATES
Terminal rates are calculated on a per square foot basis and include but are not limited to costs
associated with operations and maintenance, allocated shares of debt service, and overhead expenses,
less any credits or transfers.
Annual Monthly
Class 1 - Ticketing/Gate Lounge* $ 89.69 $ 7.48 per sq ft
Class 2 - Operations Area $ 89.69 $ 7.48 per sq ft
Class 3 - Cargo Facility: Office Space $ 24.00 $ 1.87 per sq ft
Class 4 - Cargo Facility: Storage $ 15.00 $ 0.94 per sq ft
Class 5 –Common Use Ticket
$250.00/Flight
Counter (Flat Rate)
*Class 1 includes Airline Office/Counter, Gate Lounge, Unclaimed Baggage Office
COMMON USE CHARGES
CCIA has approximately 6,003 square feet of common use space identified as Baggage Claim/Terminal
and 3,271 square feet of common use space identified as Security Checkpoint. Rates shall be calculated
based on enplaned passengers.
Common use charges for terminal-based signatory include but are not limited to the following. Non-
signatory rates are 125% the listed signatory rates below.
Annual Monthly
Baggage Claim $ 89.69 $ 7.48 per sq ft
Terminal Security $ 89.69 $ 7.48 per sq ft
FEDERAL INSPECTION SERVICES FEES
Federal Inspection Services (FIS) fees are applicable to all passengers deplaned into the FIS from
commercial airline flights. FIS fees are not applicable to passengers deplaned into the FIS from general
aviation or corporate flights with less than 15 passengers.
Federal Inspection Services Fee $ 2.50 per passenger
INTERNATIONAL WASTE DISPOSAL
FY24 Schedule of Fees and Charges Page 7 of 14
International waste associated with an international flight into the FIS which requires disposal will be
subject to international waste disposal fees.
Signatory Rate $ 20.00 per aircraft
Non-Signatory Rate$ 35.00 per aircraft
FY24 Schedule of Fees and Charges Page 8 of 14
PARKING AND GROUND TRANSPORTATION
PUBLIC PARKING
Public parking rates are set in Section 9-35 of the City Code of Ordinances.
Long Term Parking
Daily Rate $ 9.00 per day
Misplaced or Lost Ticket$ 11.00 per day
Terminal Short Term Parking
First 3 Hours No Charge
Daily Rate after 3 Hours $ 12.00 per day
Misplaced or Lost Ticket $ 14.00 per day
Covered Parking
First 3 Hours No Charge
Daily Rate after 3 Hours $ 12.00 per day
Misplaced or Lost Ticket $ 14.00 per day
PARKING EXEMPTIONS AND DISCOUNTS
The following exemptions and discounts may apply for Terminal Short Term, Long Term, and Covered
parking customers. Commuter program customers are not eligible.
A 10% discount is available when parking thirty days or more with a valid parking entry ticket.
The discount will be applied when exiting the parking lot.
The CCIA Director of Aviation may waive fees for City employees, active airport Board
Members, elected members of the City Council, Texas House, Senate, U.S. Congress,
Disabled Veterans, Purple Heart recipients, and visitors conducting official business at the
airport.
Employees of CCIA may utilize the designated employee parking lot at no cost with a valid
CCIA issued security badge. Access will be activated within 24 hours of issuance.
NO REFUNDS AFTER EXIT
FY24 Schedule of Fees and Charges Page 9 of 14
COMMUTER PERMITS
Commuter Permits are available for airline employees who register at the Parking Plaza.
Commuter Permit Fee $ 45.00 per month
COMMERCIAL GROUND TRANSPORTATION
Commercial vehicles are required to use the CCIA commercial lane and must have either a valid prepaid
monthly AVI tag or pay a per trip charge. Payment for a permit must be made in advance and are due on
st
or before the 1
of each month. All commercial vehicles require a designated permit and may not be used
for multiple vehicles unless otherwise approved by the CCIA Operations Manager.
Permitted Vehicle Non-Permitted Vehicle
Vehicle Type
(per month) (billed monthly)
Taxi Cabs $55.00 $5.00 per gate access
Hotel/Guest Accommodation Vehicles
$55.00 $5.00 per gate access
and Courtesy Shuttles
Delivery Vehicles $55.00 $5.00 per gate access
Charter Vehicles (Under 25 pax) $55.00 $5.00 per gate access
Charter Vehicles (Over 25 pax) $55.00 $25.00 per gate access
TRANSPORTATION NETWORK COMPANY FEES
Transportation network companies (TNCs) must remit TNC fees on a monthly basis. Transportation
Network Companies are not permitted to operate on City property (CCIA) without a valid permit.
TNCs wishing to begin business at CCIA should contact the Finance Manager and Operations
Manager.
Transportation Network Company Fee $ 2.00 pickup
FY24 Schedule of Fees and Charges Page 10 of 14
BADGING FEES
BADGING FEES
New Badge
Level 1 (SIDA) $ 120.00
Level 2 (AOA) $ 70.00
Level 4 (Public Area)$ 70.00
Renewal
Annual Badge Renewal $ 60.00
Reissue and Replacements
Damaged Badge $ 30.00
Lost Badge $ 200.00
Badges must be returned to the Airport Badging Office within thirty days of expiration. Failure to return
an expired badge will result in assessment of a Lost Badge Fee toward the badge holder.
KEY FEES
New Key Issue $ 10.00
Re-Keying of Door, per core $ 25.00
Re-Keying of Door, per key $ 10.00
Additional fees will be applied if multiple core and key replacements are required, based on key type.
FY24 Schedule of Fees and Charges Page 11 of 14
CONFERENCE FACILITY RENTAL FEES
AVIATION CONFERENCE ROOM
The Conference Room is approximately 1,000 square feet and can accommodate up to 65 people.
Rates include tables, chairs, video projection, and WiFi connectivity.
General Public Rates
Deposit (required for reservation) $ 50.00 non-refundable
Hourly Rate$ 35.00
Daily Rate $ 190.00
Room Setup $ 25.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee $ 25.00
Airport Tenant Rates
Deposit Not Required
Hourly Rate $ 17.50
Daily Rate $ 95.00
Room Setup $ 25.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee $ 25.00
FY24 Schedule of Fees and Charges Page 12 of 14
AVIATION TRAINING ROOM
The Training Room is approximately 525 square feet and can accommodate up to 50 people. The room
includes 8 tables, 20 chairs, video projection, and WiFi connectivity.
General Public Rates
Deposit (required for reservation) $ 50.00 non-refundable
Hourly Rate $ 20.00
Daily Rate $ 115.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee$ 25.00
Airport Tenant Rates
Deposit Not Required
Hourly Rate $ 10.00
Daily Rate $ 60.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee $ 25.00
FY24 Schedule of Fees and Charges Page 13 of 14
AVIATION BOARD ROOM
The Board Room is approximately 600 square feet and can accommodate up to 28 people. The room
includes and executive table with 12 executive chairs and additional seating for 16 people. The room
includes a large TV, speaker podium, and WiFi connectivity.
General Public Rates
Deposit (required for reservation)$ 50.00non-refundable
Hourly Rate $ 25.00
Daily Rate $ 150.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee $ 25.00
Airport Tenant Rates
Deposit Not Required
Hourly Rate $ 15.00
Daily Rate $ 75.00
Laptop (per day) $ 35.00
Technician (per hour) (if needed) $ 65.00
Clean Up Fee $ 25.00
Rental fees must be paid in advance. Fees may apply for damages to City property, deposits will be
forfeited and additional costs for damages will be billed.
City Departments and tenant airlines may request, at no charge, the use of CCIA rooms or facilities for
official City business. A waiver of fees may be submitted to the Director of Aviation for any nonprofit
organization. Availability of facilities may vary based on prior room reservations.
FY24 Schedule of Fees and Charges Page 14 of 14
FUEL FLOWAGE FEES
Reporting Period
(MM/DD/YYYY)
Monthly Revenue Report
From:
Effective:
10/1/2023
To:
Company
Location
1000 International Blvd. Corpus Christi, TX 78406
Fuel Description
Gallons PurchasedRateTotal Fees
0.00
Fixed Based Operator (FBO)$ $
0.09
Specialized Aviation Service Operator (SASO)
$ $
0.090.00
Owned Self Fueling Tanks
$ 0.09$
0.00
Commercial Self-Fueling Tanks
$ 0.09$0.00
0
TypeGallons Purchased TOTAL DUE TO CRP
$
0.00
Jet AV
Military Jet AV
Report (including revisions) and backup
Low Lead
are due on the 10th of each month.
AV Gas
0
Signatures
The undersigned hereby certifies that this report is a true, accurate, and complete statement of Company's Gross
Revenue in accordance with the CCIA Schedule of Fees and Charges per fiscal year.
Prepared By
For CCIA Use Only
Signature
Name
Title
Date Signed
(MM/DD/YYYY)
Management
Signature
Name
Title
Date Signed
(MM/DD/YYYY)
Revised: 10/10/2023Form is subject to change as needed; tenant will be notified in advance of any modifications.
APRON REMAIN OVERNIGHT FEES
Reporting Period
Monthly Revenue Report
From:
To:
10/1/2023
Effective:
Company
Location
1000 International Blvd. Corpus Christi, TX 78406
Number of
Aircraft Weight (lbs)
RateTotal Fees
Aircrafts
Up to 12,500$ $
0.090.00
12,500 - 60,000
$ $
0.09
$$
0.00
Over 60,000$
Helicopter
$ $
0.00
$$
Cabin Class Charter0.00
$
$
0
TOTAL DUE TO CRP
$
Report including revisions are due on the 10th of each month.
Signatures
The undersigned hereby certifies that this report is a true, accurate, and complete statement of Company's Gross
Revenue in accordance with the CCIA Schedule of Fees and Charges per fiscal year.
Prepared By
For CCIA Use Only
Signature
Name
Title
Date Signed
Management
Signature
Name
Title
Date Signed
Revised: 9/17/2023
Form is subject to change as needed; tenant will be notified in advance of any modifications.
Sterling Air Service Lease
Agreement
City Council
January 30, 2024
•Offers private charter, cargo, and medical
transport since 1994.
•Manages and operates fleet of Pilatus and Cirrus
aircraft.
•Contracts with Driscoll Children’s Hospital for
fixed wing medical transport services across
Texas and beyond.
•Maintains highest level of safety and efficiency;
one of 500 operators in USA to complete
International Standard for Business Aircraft
Operations audit and Stage 2 certified operator.
2
Sterling Air Service Lease Agreement
•The lease agreement is for multiple locations for hangars, storage, fuel farm,
apron, parking and office facilities on the east side of the airport.
•This lease agreement will help Sterling Air Service meet all the Minimum
Standards required to become a Fixed Based Operator, along with all
privileges and obligations that are associated with operating as this class of
operator.
•Term: 15-years with one option to extend the term for an additional 5-years.
•The lease agreement requires Sterling Air Service to invest a minimum of
$1,100,000 in capital improvements in the first ten years of the term, and an
additional $1,100,000 in the first 3yrs of the renewal period.
Rent Amounts
Monthly$ 17,675.51
Annual$212,106.12
3
Sterling Air Service Lease Agreement
4
AGENDA MEMORANDUM
Action Item for the City Council Meeting of February 27, 2024
DATE: February 27, 2024
TO: Peter Zanoni, City Manager
FROM: Mike Markle, Chief of Police
mikema@cctexas.com
(361) 886-2601
Acceptance of a grant to support activities for the Internet Crimes Against Children
Task Force Program
CAPTION:
Ordinance authorizing the acceptance of a grant from the Office of the Attorney General - Office
of Juvenile Justice and Delinquency Prevention for the Internet Crimes Against Children Task
Force program in the amount of $28,410.00 to purchase forensic computer equipment and
software licenses for the Corpus Christi Police Department; and appropriating the $28,410.00 in
the Police Grants Fund.
SUMMARY:
Funding is available from the Office of the Attorney General - Office of Juvenile Justice and
Delinquency Prevention to purchase equipment and supplies to assist the Internet Crimes Against
Children Task Force with investigations of internet crimes against children.
BACKGROUND AND FINDINGS:
The Office of Juvenile Justice and Delinquency Prevention - Internet Crimes against Children
Task Force program has awarded a grant to the Corpus Christi Police Department to support
activities of the Internet Crimes Against Children Task Force (ICAC) program. The ICAC task
force is continuously engaged in proactive and reactive investigations and prosecutions of
persons involved in child abuse and exploitation involving the Internet.
The Corpus Christi Police Department (CCPD) has been a member of the ICAC since 2003. The
funds are made available to the City by virtue of being a member of the Task Force.
Items/equipment to be purchased are licenses for four forensic software packages, hard drives,
flash drives, storage array, computer monitors, and laptop computers.
There is no match required by the City. Funds are available from January 1, 2024 through August
31, 2024.The City has received this grant since 2003. Last year the City was awarded $10,000.00
from this grant.
ALTERNATIVES:
The alternative is not to accept the grant which means that less funding will be available for the
investigation of internet crimes against children. CCPD relies on this grant to help fund its
operations related to internet crimes against children.
FISCAL IMPACT:
The FY 2024 fiscal impact is the acceptance of the grant funds in the amount of $28,410.00 to
the Police Grants Fund.
Funding Detail:
Fund: 1061 Police Grants
Organization/Activity: 821121F
Project # (CIP Only): N/A
Account: 520090 Minor Tools and Equipment
547010 Training/travel
Amount: $28,410.00
RECOMMENDATION:
Staff recommends accepting the grant and appropriating the funds, as presented.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Grant award document
Ordinance authorizing the acceptance of a grant from the Office of
the Attorney General - Office of Juvenile Justice and Delinquency
Prevention for the Internet Crimes Against Children Task Force
program, in the amount of $28,410 to purchase equipment and
supplies for the Corpus Christi Police Department; and
appropriating the $28,410 in the Police Grants Fund.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City Manager or designee is authorized to execute all documents
necessary to accept a grant in the amount of $28,410 from the Office of the Attorney
General Office of Juvenile Justice and Delinquency Prevention for the Internet Crimes
Against Children (ICAC) Task Force program for the purchase of items/equipment for the
investigations and prosecutors of persons involved in child abuse and exploitation
involving the Internet.
SECTION 2.
authorized official. The authorized official is given the power to apply for, accept, reject,
alter, or terminate the grant on behalf of the applicant agency.
SECTION 3. That $28,410 is appropriated in the No. 1061 Police Grants Fund from the
Attorney General Office of Juvenile Justice and Delinquency Prevention for the program
outlined in Section 1.
SECTION 4. In the event of the loss or misuse of these funds, the City of Corpus Christi
assures that the funds will be returned to the Office of the Attorney General Office of
Juvenile Justice and Delinquency Prevention in full.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
RE: FY 2024 Internet Crimes Against Children (ICAC) Sub-Recipient Grant Contract
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
Contract Number: C-01284
Grantee: Corpus Christi Police Department
Amount: $28,410.00
1/11/2024 | 2:55 PM CST
Executed:
Term: January 1, 2024 August 31, 2024
Budget Coding:
ORG PCA Agy Obj
885 15900 7611
GRANT CONTRACT
OAG Contract No. C-01284
This grant contract is executed between the Office of the Attorney General (OAG) and Corpus
Christi Police Department (GRANTEE) for certain grant funds. The OAG and GRANTEE may
be referred to in this Contract individually as “Party” or collectively as “Parties.”
S ECTION 1. P URPOSE OF THE C ONTRACT
The Internet Crimes Against Children (ICAC) Task Force Program, United States Department of
Justice, Office of Justice Programs (OJP), Office of Juvenile Justice and Delinquency Prevention,
seeks to maintain and expand State and regional ICAC task forces to address technology-facilitated
child exploitation. These task forces work collaboratively as a national network of law
enforcement and prosecutorial agencies that prevent, interdict, and investigate Internet crimes
against children. The program requires existing task forces to develop multi-jurisdictional, multi-
agency responses to such offenses by providing funding and other support to State and local law
enforcement agencies as a means to help them acquire the necessary knowledge, personnel, and
equipment. The OAG, as the regional contact for the task force known as “Texas, Southern ICAC
Task Force”, (hereinafter the “OAG ICAC Task Force”) receives funding from the OJP to provide
grants to local law enforcement agencies that are affiliates of the task force in order to address
technology-facilitated child exploitation. Pursuant to the terms of a Memorandum of
Understanding (MOU) between the parties, the GRANTEE became a member of the OAG ICAC
Task Force. The purpose of this Contract is to provide reasonable contractual controls to ensure
that the public purposes of the grant provided to GRANTEE are achieved.
S ECTION 2 T ERM OF THE C ONTRACT
This contract shall begin on January 1, 2024, and shall terminate August 31, 2024, unless it is
terminated earlier or extended in accordance with another provision of this Contract. The OAG is
not obligated to reimburse expenses that were incurred prior to the commencement or after the
termination of this Contract.
S ECTION 3 GRANTEE’S C ONTRACTUAL S ERVICES
3.1 GRANTEE’s Compliance with the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention, CooperativeAgreement for Award
Number 15PJDP-21-GK-03802-MECP. The GRANTEE will comply with all terms and
conditions asset forth and required in the Cooperative Agreement between the OAG and the
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and Delinquency
Prevention, Award Number 15PJDP-21-GK-03802-MECP, (OAG Award Document)and as
attached hereto as Exhibit C and incorporated by reference, as well as the applicable provisions of
ICAC Subrecipient Grant Contract – FY 2024
Page 1 of 150
the OAG ICAC Grant Application (“Grant Application”) or OAG Award Document as
supplemented, amended or adjusted. Specifically, GRANTEE’s compliance with the applicable
“Special Conditions” identified in the OAG Award Document are a material requirement of the
grant award made hereunder. Failure to comply with any one or more of the Special Conditions,
whether a condition set out in full below, a condition incorporated by reference herein, or a
certification or assurance related to conduct during the award period, may result in the OAG and/or
to the extent federal funds are expended in this grant, the OJP in taking appropriate action which
may include but is not limited to OAG and/or OJP withholding award funds, disallowing costs, or
suspending or terminating the grantaward.Additionally, the GRANTEE shall comply with all
terms and conditions as set forth and required in the MOU between the OAG and GRANTEE,
OAG Contract Number 2214039-01 (the “Task Force MOU”) attached hereto as Exhibit D and
incorporated herein by reference.
3.2 Establishment of Final Project Budget; Grant Project Narrative; Special Conditions.
3.2.1 Final Project Budget. The GRANTEE’s budget is attached as Exhibit A. The OAG, at its
sole discretion, may adjust GRANTEE’s budget, targets, outputs, outcomes and/or any other items
as deemed appropriate by the OAG, at any time, during the term of this Contract.
3.2.2 Grant Project Narrative. The GRANTEE’s Project Narrative is as follows:
To support certain Internet Crimes Against Children (ICAC) travel, supplies, and other direct
operating costs.
GRANTEE hereby certifies that the information provided by GRANTEE in the Grant
Application, including the statements made in the narrative, is true and correct and agrees
to be bound by the representations and commitments contained therein. The OAG, at its
sole discretion, will establish the final project targets, outputs, and outcomes.
3.2.3 Special Conditions. The Special Conditions, including the OAG Award Document, are
attached as Exhibit B. The OAG, at its sole discretion, may supplement, amend or adjust the
Special Conditions attached to this Contract.
S ECTION 4 R EQUIRED R EPORTS
4.1 General Matters
4.1.1 Required Reports; Form of Reports; Filings with the OAG. GRANTEE shall forward
to the OAG the applicable reports on forms as specified by the OAG. GRANTEE shall ensure that
it files each document or form required by the OAG in an accurate and timely manner. Unless
filing dates are given herein, all other reports and other documents that GRANTEE is required to
forward to the OAG shall be promptly forwarded. From time to time, the OAG may require
additional information from GRANTEE.
ICAC Subrecipient Grant Contract – FY 2024
Page 2 of 150
4.1.2 Cooperation; Additional Information; Immediate Notification and Correction and
Inaccuracies. GRANTEE shall cooperate fully with the OAG. In addition to the information
contained in the required reports, other information may be required as requested by the OAG.
GRANTEE will immediately notify the OAG in the event GRANTEE discovers that any
previously submitted information was inaccurate and forward the corrected information to the
OAG.
4.1.3 Notification of Changes in Organization, Changes in Authorized Official or Grant
Contact. GRANTEE shall submit within ten (10) business days, notice to the OAG of any change
of the following: GRANTEE’s name; contact information; key personnel, officer, director or
partner; organizational structure; legal standing; or authority to do business in Texas. GRANTEE
shall promptly notify the OAG, preferably in advance, of a change in address or main telephone
number of GRANTEE. A change in GRANTEE’s name requires an amendment to the Contract.
To change an Authorized Official, GRANTEE must submit a written request on GRANTEE’s
letterhead, with original signature. To change a Grant Contact, GRANTEE must submit a written
request on GRANTEE’s letterhead signed by an Authorized Official.
4.1.4 Standards for Financial and Programmatic Management. GRANTEE and its
governing body shall bear full and sole responsibility for the integrity of the fiscal and
programmatic management of the organization including financial and programmatic policies and
procedures to ensure the integrity of the fiscal and programmatic management of the organization.
Such fiscal and programmatic management shall include accountability for all funds and materials
received from the OAG; compliance with OAG rules, policies and procedures, and applicable
federal and state laws and regulations; and correction of fiscal and program deficiencies identified
through self-evaluation and/or the OAG's monitoring processes. Ignorance of any contract
provisions or other requirements referenced in this Contract shall not constitute a defense or basis
for waiving or failing to comply with such provisions or requirements.
GRANTEE shall develop, implement, and maintain appropriate financial management and control
systems, which include budgets that adequately reflect all functions and resources necessary to
carry out authorized activities and the adequate determination of costs; accurate and complete
payroll, accounting, and financial reporting records; cost source documentation; effective internal
and budgetary controls; allocation of costs; and timely and appropriate audits and resolution of
any findings and applicable annual financial statements.
4.1.5. Security and Confidentiality of Records. GRANTEE shall establish a method to secure
the confidentiality of records required to be kept confidential by applicable federal and state law,
rules and regulations. This provision shall not be construed as limiting the OAG’s access to such
records and other information.
ICAC Subrecipient Grant Contract – FY 2024
Page 3 of 150
4.2 Programmatic Reports
4.2.1 ICAC Semi-Annual Statistical (Performance) Reports, including Outcome Measure
Reports. GRANTEE will support the OAG in its progress reporting requirements, including the
reporting requirements of outcome measures. The OAG is required to report, within 30 days after
the end of the reporting periods, certain outcome measures. The semi-annual reporting periods
end on the last day of June and December each year. The OAG will establish deadlines for the
GRANTEE to meet its requirement to report to the OAG.
4.2.2 Contents of Semi-Annual Statistical Reports. GRANTEE shall report data to the
OAG on the following outcome measures on the reporting deadlines established by OAG:
a. Number of CyberTipLine referrals received and investigated;
b. Number of indictments obtained on CyberTipLine referrals;
c. Number of convictions obtained on CyberTipLine referrals;
d. Number of online solicitation of a minor (or its equivalent) arrests;
e. Number of online solicitation of a minor (or its equivalent) indictments
obtained;
f. Number of online solicitation of a minor (or its equivalent) convictions
obtained;
g. Total number of ICAC-related arrests during reporting period;
h. Number of partner agencies that sign memorandum certifying compliance
with ICAC program guidelines;
i. Number of investigative technical assistance sessions that ICAC task force
provides to non-member law enforcement agencies;
j. Number of computer forensic technical assistance examinations that ICAC
task forces provide to non-member law enforcement agencies;
k. Percent increase in arrests related to technology-facilitated child sexual
exploitation and Internet Crimes Against Children;
l. Percent increase in computer forensic examinations completed by ICAC
task forces; and
m. Percent increase in investigative technical assistance sessions provided by
ICAC task forces to non-member law enforcement agencies.
4.2.3 ICAC Task Force Program Monthly Performance Measures. GRANTEE will support
the OAG in its reporting requirements of the ICAC Task Force Program Monthly Performance
Measures. The OAG will establish the GRANTEE’s monthly reporting deadlines. The
Performance Measures shall contain, at a minimum, the following additional supporting data
elements:
a. Complaints;
b. Case Information;
c. Goals;
d. Court Actions;
e. Technical Assists;
f. Training; and
ICAC Subrecipient Grant Contract – FY 2024
Page 4 of 150
g. Community Outreach Presentations.
4.2.4 ICAC Annual Reports. GRANTEE will support the OAG in its annual reporting
requirements. The OAG will establish the GRANTEE’s annual reporting deadlinesof the
following measures:
a. Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to
investigating and prosecuting Internet Crimes Against Children.
b. Investigation and prosecution performance measures of the task force,
including:
1. the number of investigations initiated related to Internet Crimes
Against Children;
2. the number of arrests related to Internet Crimes Against Children;
and
3. the number of prosecutions for Internet Crimes Against Children,
including-
i. whether the prosecution resulted in a conviction for such
crime; and
ii. the sentence and the statutory maximum for such crime
under State law.
c. The number of referrals made by the task force to the United States
Attorney’s Office, including whether the referral was accepted by the
United States Attorney.
d. Statistics that account for the disposition of investigations that do not result
in arrests or prosecutions, such as referrals to other law enforcement.
e. The number of investigative technical assistance sessions that the task force
provided to non-member law enforcement agencies.
f. The number of computer forensic examinations that the task force
completed.
g. The number of law enforcement agencies participating in Internet Crimes
Against Children program standards established by the task force.
4.2.5 Written Explanation of Variance.GRANTEE is required to provide a written
explanation to the OAG for any variances by GRANTEE from the projected performance required
by this Contractor the Task Force MOU. In addition to the written explanation, GRANTEE shall
promptly answer any questions of the OAG, whether in writing or otherwise, in connection with
the reports presented to the OAG.
4.2.6 Other Program Reports. GRANTEE shall cooperate fully in any social studies, fiscal or
programmatic monitoring, auditing, evaluating, and other reviews pertaining to services rendered
by GRANTEE, which may be conducted by the OAG or its designees.
GRANTEE also shallmake available at reasonable times and for reasonable periods programmatic
or financial records, books, reports, and supporting documents for reviewing and copying by the
OAG or its designees.
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4.3 Financial Matters
4.3.1 Grant Budgets. With regard to the use of funds pursuant to this Contract, GRANTEE will
immediately review the annual budget as established in this Contract.
4.3.2 Monthly Request for Reimbursement and Financial Status Report. Grant funds are
paid on a cost reimbursement basis. GRANTEE will submit, each month, a monthly request for
reimbursement (also referred to as “financial status report”) for the actual and allowable allocable
costs incurred by GRANTEE for project costs to provide services under this Contract. The
payments made to GRANTEE shall not exceed its actual and allowable allocable costs to provide
the services under this Contract.
The request for reimbursement/financial status report will be submitted to the OAG in the form
and manner as approved by the OAG and will specify the detailed and total expenses for the month,
in the following cost categories: (i) personnel and fringe benefits, reported separately, (ii)
professional and consulting services, (iii) travel, (iv) equipment, (v) supplies, and (vi) other direct
operating expenses. The request for reimbursement must be accompanied by supporting
documentation as required by the OAG. The OAG may from time to time require different or
additional supporting documentation.
A request for reimbursement/financial status report is required each month, whether GRANTEE
has paid expenses, or is seeking reimbursement.
4.3.3 Fiscal Year End Required Reports. GRANTEE shall submit the following reports to the
OAG not later than the earlier of (a) twenty (20) calendar days after termination of the contract, or
(b) twenty (20) calendar days after the contract end date. The year-end reports shall include the
following:
a. Record of Reimbursement. GRANTEE will submit a reconciled record of its expenses
for the prior fiscal year in the following cost categories: (i) personnel and fringe benefits,
reported separately, (ii) professional and consulting services, (iii) travel, (iv) equipment,
(v) supplies, and (vi) other direct operating expenses.
b. Equipment Inventory Report. To the extent the purchase of equipment is authorized
under this grant and GRANTEE purchases equipment with grant funds, GRANTEE will
submit an Equipment Inventory Report which provides a record of the current inventory of
items purchased, disposed of, replaced or transferred for any equipment that was purchased
with grant funds.
c. Additional Fiscal Reports. GRANTEE shall submit any other additional fiscal report in
the form and manner as may be requested by OAG.
4.3.4 Annual Independent Financial Audit Report. GRANTEES that are required to undergo
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a Single Audit must complete and submit the Single Audit of the complete program and/or
organization and management letter of the audit findings within nine months of the end of the
fiscal year of the agency. The audit will meet Uniform Administrative Requirements, Cost
Principles, and Audit Requirements for Federal Awards 2 CFR 200 and Texas Grant Management
Standards (TxGMS) requirements. GRANTEES whose expenditures require the completion of a
Single Audit, must submit a Single Audit to the OAG, an Annual Independent Financial Audit will
not satisfy the audit requirement. GRANTEES that are required to undergo an Annual Independent
Financial Audit by statute, regulation, or organizational policy must submit the Annual Financial
Audit of the complete program and/or organization and management letter of the audit findings if
requested by the OAG if requested. GRANTEES who do not meet the expenditure threshold of
the Single Audit and are not required by statute, regulation, or organizational policy to complete
an Annual Audit, are not required to submit an Annual Audit to the OAG.
4.3.5 Timing of Submission of Request for Reimbursement to the OAG; Close Out Invoice.
GRANTEE is responsible for submitting bills in an accurate and timely manner and shall make
every reasonable effort to submit monthly billings to the OAG, which cover the previous month’s
th
expenses, so that they are received by the OAG on or before the twentieth (20) of each month, or
th
if the 20 falls on a weekend or holiday, the next business day. The OAG will make all reasonable
efforts to promptly process and make payments on properly completed billings. GRANTEE may
submit a final invoice to be received by the OAG not later than twenty (20) calendar days after
termination of this Contract.
4.3.6 Reimbursement of Actual and Allowable Costs. The OAG shall only reimburse costs
incurred and paid by GRANTEE during the term of this Contract. The OAG shall only reimburse
GRANTEE for employee costs that are directly related to performing the responsibilities of this
Contract.
4.3.7 Refunds and Deductions. If the OAG determines that GRANTEE has been overpaid grant
funds under this Contract, such as payments made inadvertently or payments made but later
determined to not be actual and allowable allocable costs, GRANTEE shall refund that amount of
the OAG reimbursement identified by the OAG as an overpayment. The OAG may offset and
deduct the amount of the overpayment from any amount owed to GRANTEE, as a reimbursement,
but not yet paid by the OAG to GRANTEE. The OAG may choose to require a payment directly
from GRANTEE rather than offset and deduct a specified amount. GRANTEE shall refund any
overpayment to the OAG within thirty (30) calendar days of the receipt of the notice of the
overpayment from the OAG unless an alternate payment plan is specified by the OAG.
4.3.8 Purchase of Equipment; Maintenance and Repair; Title upon Termination.
GRANTEE shall not give any security interest, lien or otherwise encumber any item of equipment
purchased with contract funds. GRANTEE shall permanently identify all equipment purchased
under this Contract by appropriate tags or labels affixed to the equipment. GRANTEE shall
maintain a current inventory of all equipment which shall be available to the OAG at all times
upon request; however, a title for equipment will remain with GRANTEE.
GRANTEE will maintain, repair, and protect all equipment purchased in whole or in part with
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grant funds so as to ensure the full availability and usefulness of such equipment. In the event
GRANTEE is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of,
or damage to the equipment purchased under this Contract, it shall use the proceeds to repair or
replace said equipment.
To the extent that the OAG reimburses GRANTEE for its purchase of equipment with funds from
this Contract, and to the extent it is allowed by federal or state law, GRANTEE agrees that upon
termination of the Contract, title to or ownership of all such purchased equipment, at the sole
option of the OAG, shall remain with the OAG.
4.3.9 Direct Deposit. GRANTEE may make a written request to the OAG to be placed on Direct
Deposit status by completing and submitting to the OAG the State Comptroller's Direct Deposit
Authorization Form. After the direct deposit request is approved by the OAG and the setup is
completed on the Texas Identification Number System by the State Comptroller's Office, payment
will be remitted by direct deposit and the OAG will discontinue providing GRANTEE with copies
of reimbursement vouchers.
S ECTION 5 O BLIGATIONS OF OAG
5.1 Monitoring. The OAG is responsible for closely monitoring GRANTEE to ensure the
effective and efficient use of grant funds to accomplish the purposes of this Contract.
5.2 Maximum Liability of OAG. The maximum liability of the OAG is contained in the
attached Exhibit A. Any change to the maximum liability must be supported by a written
amendment to this Contract.
5.3 Reimbursement of Grantee Expenses. The OAG shall be obligated to reimburse
GRANTEE for all actual and allowable allocable costs incurred by GRANTEE pursuant to this
Contract. The OAG is not obligated to pay unauthorized costs.
Prior written approval from the OAG is required if GRANTEE anticipates altering the scope of
the grant, adding funds to previously un-awarded budget categories, changing funds in any
awarded budget category by more than 10% of the annual budget and/or adding new line items to
any awarded budget category.
Notwithstanding the foregoing, should GRANTEE wish to alter the scope of the grant or change
the goals of the grant by adding or eliminating goals which were included in the GRANTEE’s final
narrative included in Section 3.2.2 above, such alteration or change may only be achieved by a
written, duly executed amendment to this Contract.
5.4 Contract Not Entitlement or Right. Reimbursement with contract funds is not an
entitlement or right. Reimbursement depends, among other things, upon strict compliance with all
terms, conditions and provisions of this Contract. The OAG and GRANTEE agree that any act,
action or representation by either party, their agents or employees that purports to increase the
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maximum liability of the OAG is void unless a written amendment to this Contract is first
executed. GRANTEE agrees thatnothing in this Contract will be interpreted to create an obligation
or liability of the OAG in excess of the funds delineated in this Contract.
5.5 Funding Limitation. GRANTEE agrees that funding for this Contract is subject to the
actual receipt by the OAG of grant funds (state and/or federal) appropriated to the OAG.
GRANTEE agrees that the grant funds if any, received from the OAG are limited by the term of
each state biennium and by specific appropriation authority to and the spending authority of the
OAG for the purpose of this Contract. GRANTEE agrees that, notwithstanding any other
provision of this Contract, if the OAG is not appropriated the funds or if the OAG does not
receive the appropriated funds for this grant program, or if the funds appropriated to the
OAG for this grant program are required by the state to be reallocated to fund other state
programs or purposes, the OAG is not liable to pay the GRANTEE any remaining balance
on this Contract.
S ECTION 6 T ERMINATION
6.1 Termination for Convenience. Either Party may, at its sole discretion, terminate this
Contract without recourse, liability or penalty, upon written notice to the other party at least thirty
(30) calendar days before the effective date of such termination.
6.2 Termination for Cause. In the event that GRANTEE fails to perform or comply with an
obligation of the terms, conditions, and provisions of this contract, or if the OAG receives financial
reporting which indicates high financial risk, the OAG may, upon written notice of the breach to
GRANTEE, immediately terminate all or any part of this contract.
6.3 Termination Not Exclusive Remedy; Survival of Terms and Conditions. Termination
is not an exclusive remedy but will be in addition to any other rights and remedies provided in
equity, by law, or under this Contract.
Termination of this Contract for any reason or expiration of this Contract shall not release the
Parties from any liability or obligation set forth in this Contract that is expressly stated to survive
any such termination or by its nature would be intended to be applicable following any such
termination. The following terms and conditions, (in addition to any others that could reasonably
be interpreted to survive but are not specifically identified), survive the termination or expiration
of this Contract: Sections 4, 5, 7; 11; and 12.
S ECTION 7 A UDIT RIGHTS; R ECORDS R ETENTION
7.1 Duty to Maintain Records. GRANTEE shall maintain adequate records that enable the
OAG to verify all reporting measures and requests for reimbursements related to this Contract.
GRANTEE also shall maintain such records as are deemed necessary by the OAG, OAG’s auditor,
the State Auditor’s Office or other auditors of the State of Texas, the federal government or such
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other persons or entities designated by the OAG, to ensure proper accounting for all costs and
performances related to this Contract.
7.2 Audit Trails. GRANTEE shall maintain appropriate audit trails to provide accountability
for all reporting measures and requests for reimbursements. Audit trails maintained by GRANTEE
will, at a minimum, identify the supporting documentation prepared by GRANTEE to permit an
audit of its systems. GRANTEE’s automated systems, if any, must provide the means whereby
authorized personnel have the ability to audit and to verify contractually required performances
and to establish individual accountability for any action that can potentially cause access to,
generation of, or modification of confidential information.
7.3 Access and Audit. At the request of the OAG, GRANTEE shall grant access to and make
available all paper and electronic records, books, documents, accounting procedures, practices,
and any other items relevant to the performance of this Contract, compliance with the applicable
state or federal laws and regulations, and the operation and management of GRANTEE to the OAG
or its designees for the purposes of inspecting, auditing, or copying such items. GRANTEE will
direct any other entity, person, or contractor receiving fund directly under this Contract or through
a subcontract under this Contract to likewise permit access to, inspection of, and reproduction of
all books, records and other relevant information of the entity, person or contractor that pertain to
this Contract. All records, books, documents, accounting procedures, practices, and any other
items, in whatever form, relevant to the performance of this Contract shall be subject to
examination or audit. Whenever practical as determined at the sole discretion of the OAG, the
OAG shall provide GRANTEE with up to five (5) business days advance notice of any such
examination or audit.
7.4 State Auditor. In addition to and without limitation on the other audit provisions of this
Contract, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor’s Office
may conduct an audit or investigation of GRANTEE or any other entity or person receiving funds
from the State directly under this Contract or indirectly through a subcontract under this Contract.
The acceptance of funds by GRANTEE or any other entity or person directly under this Contract
or indirectly through a subcontract under this Contract acts as acceptance of the authority of the
State Auditor’s Office, under the direction of the Legislative Audit Committee, to conduct an audit
or investigation in connection with those funds. Under the direction of the Legislative Audit
Committee, GRANTEE or another entity that is the subject of an audit or investigation by the State
Auditor’s Office must provide the State Auditor’s Office with access to any information the State
Auditor’s Office considers relevant to the investigation or audit. GRANTEE further agrees to
cooperate fully with the State Auditor’s Office in the conduct of the audit or investigation,
including providing all records requested. GRANTEE shall ensure that this paragraph concerning
the authority to audit funds received indirectly by subcontractors through GRANTEE and the
requirement to cooperate is included in any subcontract it awards. The State Auditor’s Office shall
at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent
books, documents, working papers, and records of GRANTEE related to this Contract. GRANTEE
also represents and warrants that it will comply with Section 321.022 of the Texas Government
Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor’s
Office.
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7.5 Location. Any audit of records shall be conducted at GRANTEE’s principal place of
business and/or the location(s) of GRANTEE's operations during GRANTEE's normal business
hours. GRANTEE shall provide to OAG or its designees, on GRANTEE's premises (or if the audit
is being performed of a subcontractor, the subcontractor's premises if necessary) private space,
office furnishings (including lockable cabinets), telephone and facsimile services, utilities and
office-related equipment and duplicating services as OAG or its designees may reasonably require
to perform the audits described in this Contract.
S ECTION 8 S UBMISSION OF I NFORMATION TO THE OAG
The OAG will designate methods for submission of information to the OAG by GRANTEE. The
OAG generally requires submission of information via email or hard copy format. Some reporting
requirements must occur via the internet and/or a web-based data collection method.
8.1 Programmatic Reports and Information (excluding Financial Reports). All statistical
reports, annual performance reports, correspondence, reports or notices, except financial reports
specified below, must be submitted in the manner directed by the OAG. OAG will provide the
required manner of delivery after the grant is awarded. The manner of delivery may be subject to
change during the term of the Contract, in the sole discretion of the OAG.
8.2 Financial Reports (excluding Programmatic Reports and Information). All financial
status reports, requests for reimbursement and inventory reports, must be submitted in the manner
directed by the OAG. OAG will provide the required manner of delivery after the grant is awarded.
The manner of delivery may be subject to change during the term of the Contract, in the sole
discretion of the OAG.
S ECTION 9 C ORRECTIVE A CTION P LANS A ND S ANCTIONS
The Parties agree to make a good faith effort to identify, communicate and resolve problems found
by either the OAG or GRANTEE.
9.1 Corrective Action Plans. If the OAG finds deficiencies with GRANTEE’s performance
under this Contract, the OAG, at its sole discretion, may impose one or more of the following
remedies as part of a corrective action plan: increase monitoring visits; require that additional or
more detailed financial and/or programmatic reports be submitted; require prior approval for
expenditures; require additional technical or management assistance and/or make modifications in
business practices; reduce the Contract amount; and/or terminate this Contract. The foregoing are
not exclusive remedies, and the OAG may impose other requirements that the OAG determines
will be in the best interest of the State.
9.2 Financial Hold. Failure to comply with submission deadlines for required reports,
invoices, or other requested information, indicators of financial risk, or reports of conflict of
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interest or potential/actual fraud, waste, and abuse, may result in the OAG, at its sole discretion,
placing GRANTEE on immediate financial hold without further notice to GRANTEE and without
first requiring a corrective action plan. No reimbursements will be processed until the requested
information is submitted. If GRANTEE is placed on financial hold, the OAG, at its sole discretion,
may deny reimbursement requests associated with expenses incurred during the time GRANTEE
was placed on financial hold.
9.3 Sanctions. In addition to financial hold, the OAG, at its sole discretion, may impose other
sanctions without first requiring a corrective action plan. The OAG, at its sole discretion, may
impose sanctions, including, but not limited to, withholding or suspending funding, offsetting
previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing
funding, terminating this Contract and/or any other appropriate sanction.
9.4 No Waiver. Notwithstanding the imposition of corrective actions, financial hold and/or
sanctions, GRANTEE remains responsible for complying with the Contract terms and conditions.
Corrective action plans, financial hold and/or sanctions do not excuse or operate as awaiver of
prior failure to comply with this Contract.
S ECTION 10 G ENERAL T ERMS AND C ONDITIONS
10.1 Uniform Grant Management Act, TxGMS and Applicable Standard Federal and
State Certifications and Assurances. GRANTEE agrees to comply with applicable laws,
executive orders, regulations and policies as well as Texas Government Code, Chapter 783, and
the Texas Grant Management Standards (TxGMS), and any other applicable federal or state grant
management standards or requirements. Further, GRANTEE agrees to comply with the applicable
OAG Certifications and Assurances, as contained in the Application Kit, which are incorporated
herein by reference, including, but not limited to, the equal employment opportunity program
certification, disclosure and certification regarding lobbying, non-procurement debarment
certification, drug-free workplace certification, annual single audit certification, compliance with
annual independent financial audit filing requirement, compliance with TxGMS and the applicable
2 CFR Part 200, return of grant funds in the event of loss or misuse, and conflict of interest.
10.2 Generally Accepted Accounting Principles or Other Recognized Accounting
Principles. GRANTEE shall adhere to Generally Accepted Accounting Principles (GAAP)
promulgated by the American Institute of Certified Public Accountants, unless other recognized
accounting principles are required by GRANTEE. GRANTEE shall also follow OAG fiscal
management policies and procedures in processing and submitting requests for reimbursement and
maintaining financial records related to this Contract.
10.3 Conflicts of Interest; Disclosure of Conflicts. GRANTEE represents and warrants that
performance under the Contract or grant will not constitute an actual or potential conflict of interest
or reasonably create an appearance of impropriety. GRANTEE has not given, or offered to give,
nor does GRANTEE intend to give at any time hereafter, any economic opportunity, future
employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant or
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employee of the OAG, at any time during the negotiation of this Contract or in connection with
this Contract, except as allowed under relevant state or federal law. Further, GRANTEE represents
and warrants that in the administration of the grant, it will comply with all conflict of interest
prohibitions and disclosure requirements required by applicable law, rules, and policies, including
Chapter 176 of the Texas Local Government Code. If circumstances change during the course of
the Contract or grant, GRANTEE shall promptly notify the OAG. GRANTEE will establish
safeguards to prohibit its employees from using their positions for a purpose that constitutes or
presents the appearance of a personal or organizational conflict of interest or personal gain.
GRANTEE will operate with complete independence and objectivity without an actual, potential
or apparent conflict of interest with respect to its performance under this Contract. GRANTEE
must disclose, in writing, within fifteen (15) calendar days of discovery, any existing or potential
conflicts of interest relative to its performance under this Contract.
10.4 Compliance with Regulatory and Licensing Bodies. GRANTEE agrees that it has
obtained all licenses, certifications, permits and authorizations necessary to perform the
responsibilities of this Contract and currently is, and will remain, in good standing with all
regulatory agencies that regulate any or all aspects of GRANTEE’s business or operations.
GRANTEE agrees to remain in good standing with the Texas Secretary of State, the Texas
Comptroller of Public Accounts and related federal governmental bodies related to GRANTEE’s
right to conduct its business in Texas. GRANTEE agrees to comply with all applicable licenses,
legal certifications, inspections, and any other applicable local ordinance or state or federal laws.
10.5 Does Not Boycott Israel. To the extent required by Texas Government Code, section
2271.002, GRANTEE represents and warrants that neither GRANTEE, nor any subcontractor,
assignee, or sub-recipient of GRANTEE, currently boycotts Israel, or will boycott Israel during
the term of this Contract. GRANTEE agrees to take all necessary steps to ensure this certification
remains true for any future subcontractor or assignee. For purposes of this provision, “Boycott
Israel” shall have the meaning assigned by Texas Government Code, Sec. 808.001(1).
10.6 Law Enforcement Agency Grant Restriction. If GRANTEE is a law enforcement
agency regulated by Chapter 1701 of the Texas Occupations Code, GRANTEE represents and
warrants that under article IX, section 4.01 of the General Appropriations Act, GRANTEE will
not use appropriated money unless the law enforcement agency is in compliance with all rules
developed by the Commission on Law Enforcement (TCOLE), or TCOLE certifies that
GRANTEE is in the process of achieving compliance.
10.7 Restriction on Abortion Funding. GRANTEE acknowledges that, under article IX,
section 6.24 of the General Appropriations Act for the term covered by this Contract, and except
as provided by that Act, funds may not be distributed under this Contract to any individual or entity
that: (1) performs an abortion procedure that is not reimbursable under the State’s Medicaid
program; (2) is commonly owned, managed, or controlled by an entity that performs an abortion
procedure that is not reimbursable under the State’s Medicaid program; or (3) is a franchise or
affiliate of an entity that performs an abortion procedure that is not reimbursable under the State’s
Medicaid program.
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10.8 Reporting Compliance. GRANTEE represents and warrants that it will submit timely,
complete, and accurate reports in accordance with the grant and maintain appropriate backup
documentation to support the reports.
S ECTION 11 S PECIAL T ERMS AND C ONDITIONS
11.1 Independent Contractor Status; Indemnity and Hold Harmless Agreement.
GRANTEE expressly agrees that it is an independent contractor and under no circumstances shall
any owner, incorporator, officer, director, employee, or volunteer of GRANTEE be considered a
state employee, agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State
of Texas. GRANTEE agrees to take such steps as may be necessary to ensure that each contractor
of GRANTEE will be deemed to be an independent contractor and will not be considered or
permitted to be an agent, servant, joint venturer, joint enterpriser or partner of the OAG or the State
of Texas.
All persons furnished, used, retained, or hired by or on behalf of GRANTEE or any of
GRANTEE’s contractors shall be considered to be solely the employees or agents of GRANTEE
or GRANTEE’s contractors. GRANTEE or GRANTEE’s contractors shall be responsible for
ensuring that any and all appropriate payments are made, such as unemployment, workers
compensation, social security, any benefit available to a state employee as a state employee, and
other payroll taxes for such persons, including any related assessments or contributions required
by law.
GRANTEE or contractors are responsible for all types of claims whatsoever due to actions
or performance under this Contract, including, but not limited to, the use of automobiles or
other transportation by its owners, incorporators, officers, directors, employees, volunteers
or any third parties. TO THE EXTENT PERMISSIBLE UNDER THE TEXAS
CONSTITUTION AND LAWS PROMULGATED THEREUNDER, GRANTEE SHALL
DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND OAG,
AND/OR THEIR OFFICERS, AGENTS, EMPLOYEES, REPRESENTATIVES,
CONTRACTORS, ASSIGNEES, AND/OR DESIGNEES FROM ANY AND ALL
LIABILITY, ACTIONS, CLAIMS, DEMANDS, OR SUITS, AND ALL RELATED COSTS,
ATTORNEY FEES, AND EXPENSES ARISING OUT OF, OR RESULTING FROM ANY
ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES,
SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF
SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE
CONTRACT AND ANY PURCHASE ORDERS ISSUED UNDER THE CONTRACT. THE
DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OAG WHEN TEXAS
STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE
MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE
CONCURRENCE FROM THE OAG. OAG AND GRANTEE AGREE TO FURNISH
TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.
11.2 Publicity. GRANTEE shall not use the OAG's name or refer to the OAG directly or
indirectly in any media release, public service announcement or public service disclosure relating
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to this Contract or any acquisition pursuant hereto, including in any promotional or marketing
materials, without first obtaining written consent from the OAG. This section is not intended to
and does not limit GRANTEE’s ability to comply with its obligations and duties under the Texas
Open Meetings Act and/or the Texas Public Information Act.
11.3 Intellectual Property. GRANTEE understands and agrees that where funds obtained
under this Contract may be used to produce original books, manuals, films, or other original
material and intellectual property developed or produced out of funs obtained under this Contract,
GRANTEE may copyright such material subject to the royalty-free, non-exclusive, and irrevocable
license which is hereby reserved by the OAG and granted by GRANTEE to the OAG or the state
(or federal government, if federal funds are expended in this grant) government GRANTEE hereby
grants the OAG an unrestricted, royalty-free, non-exclusive, and irrevocable license to use, copy,
modify, reproduce, publish, or otherwise use, and authorize others to use (in whole or in part,
including in connection with derivative works), at no additional cost to the OAG, in any manner
the OAG deems appropriate at its sole discretion, any component of such intellectual property.
GRANTEE shall obtain from subrecipients, contractors, and subcontractors (if any) all rights and
data necessary to fulfill the GRANTEE’s obligations to the OAG under this Contract. If a
proposed subrecipient, contractor, or subcontractor refuses to accept terms affording the OAG such
rights, GRANTEE shall promptly bring such refusal to the attention of the OAG Program Manager
for the Contract and not proceed with the agreement in question without further authorization from
the OAG.
11.4 Program Income. Gross income directly generated from the grant funds through a project
or activity performed under this Contract is considered program income. Unless otherwise required
under the terms of this Contract, any program income shall be used by GRANTEE to further the
program objectives of the project or activity funded by this grant, and the program income shall
be spent on the same project or activity in which it was generated. GRANTEE shall identify and
report this income in accordance with the OAG’s reporting instructions. GRANTEE shall expend
program income during this Contract term; program income not expended in this Contract term
shall be refunded to the OAG.
11.5 No Supplanting. GRANTEE shall not supplant or otherwise use funds from this Contract
to replace or substitute existing funding from other sources that also support the activities that are
the subject of this Contract.
11.6 No Solicitation or Receipt of Funds on Behalf of OAG. It is expressly agreed that any
solicitation for or receipt of funds of any type by GRANTEE is for the sole benefit of GRANTEE
and is not a solicitation for or receipt of funds on behalf of the OAG or the Attorney General of
the State of Texas.
11.7 No Subcontracting, Assignment, or Delegation Without Prior Written Approval of
OAG. GRANTEE may not subcontract, delegate, or assign any of its rights or duties under this
Contract without the prior written approval of the OAG. OAG shall maintain the complete and
sole discretion to approve or deny any request to subcontract, assign any right, or delegate any
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duty under this Contract, and the OAG may withhold its approval for any reason or no reason. In
the event the OAG approves subcontracting, assignment, or delegation by GRANTEE, GRANTEE
will ensure that its contracts with others shall require compliance with the provisions of this
Contract to the extent necessary to support GRANTEE’s compliance with this Contract.
GRANTEE, in subcontracting for any performances specified herein, expressly understands and
agrees that it is not relieved of its responsibilities for ensuring that all performance is in compliance
with this Contract and that the OAG shall not be liable in any manner to GRANTEE’s
subcontractor(s). GRANTEE represents and warrants that it will maintain oversight to ensure that
contractors perform in accordance with the terms, conditions, and specifications of their contracts
or purchase orders.
11.8 No Grants to Certain Organizations. GRANTEE confirms by executing this Contract
that it does not make contributions to campaigns for elective office or endorse candidates.
11.9 Merging Entities. If GRANTEE merges with an organization that is currently
receiving ICAC grant funds for the same purpose, directly from the OAG, and the merger is
completed during the current the Contract term, the standing organization may seek reimbursement
for the remaining OAG funding of the dissolving organization in addition to the standing
organization’s current funding.
If GRANTEE merges or is absorbed by a non-OAG funded organization, GRANTEE’s Contract
will be terminated. The non-OAG funded organization cannot seek the funding of the dissolving
organization for the current grant period.
11.10 No Waiver of Sovereign Immunity. The Parties agree that no provision of this Contract
is in any way intended to constitute a waiver by the OAG or the State of Texas of any immunities
from suit or from liability that the OAG or the State of Texas may have by operation of law.
11.11 Governing Law; Venue.
This agreement shall be governed by and construed in accordance with the laws of the State of
Texas, without regard to the conflicts of law provisions. The venue of any suit arising under this
agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the
specific venue is otherwise identified in a statute that directly names or otherwise identifies its
applicability to the OAG.
GRANTEE hereby waives and agrees not to assert by way of motion, as a defense, or otherwise,
in any suit, action or proceeding, any claim that GRANTEE is not personally subject to the
jurisdiction; the suit, action or proceeding is brought in an inconvenient forum; and/or the venue
is improper.
11.12 U.S. Department of Homeland Security’s E-Verify System. GRANTEE will ensure that
it utilizes the U.S. Department of Homeland Security’s E-Verify system to determine the eligibility
of any new employee hired after the effective date of this agreement who will be working on any
matter covered by this agreement.
ICAC Subrecipient Grant Contract – FY 2024
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11.13 Business with Iran, Sudan, or Terrorist Organizations. GRANTEE hereby represents
and warrants that it does not, and shall not for the duration of this Contract, engage in any business
operations, including but not limited to acquiring, developing, maintaining, owning, selling,
possessing, leasing, or operating equipment, facilities, personnel, products, services, personal
property, real property, or any other apparatus of business or commerce with Iran, Sudan or a
foreign terrorist organization, oras otherwise prohibited by Section 2252.152 of the Texas
Government Code.
11.14 No Use of Grant Money for Lobbying. GRANTEE shall not use any grant funds provided
by OAG to GRANTEE to influence the passage or defeat of any legislative measure or election of
any candidate for public office. GRANTEE represents and warrants that OAG’s payments to
GRANTEE and GRANTEE’S receipt of appropriated or other funds under the Contract or grant
are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code which restrict
lobbying expenditures.
11.15 Child Support Obligation Affirmation. Under Section 231.006 of the Texas Family
Code, GRANTEE certifies that the individual or business entity named in this Contract is not
ineligible to receive the specified grant, and acknowledges that this Contract may be terminated
and payment may be withheld if this certification is inaccurate.
GRANTEE represents and warrants that it will include the following clause in the award
documents for every subaward and subcontract and will require subrecipients and contractors to
certify accordingly: “Under Section 231.006 of the Family Code, the vendor or applicant certifies
that the individual or business entity named in this Contract, bid or application is not ineligible to
receive the specified grant, loan, or payment and acknowledges that this Contract may be
terminated and payment may be withheld if this certification is inaccurate. A bid or an application
for a contract, grant, or loan paid from state funds must include the name and social security
number of the individual or sole proprietor and each partner, shareholder, or owner with an
ownership interest of at least 25 percent of the business entity submitting the bid or application.”
11.16 Limitations on Grants to Units of Local Government. GRANTEE acknowledges and
agrees that appropriated funds may not be expended in the form of a grant to, or contract with, a
unit of local government unless the terms of the grant or contract require that the funds received
under the grant or contract will be expended subject to the limitations and reporting requirements
similar to those provided by the following:
a. Parts 2 and 3 of the Texas General Appropriations Act, Art. IX, except there is no
requirement for increased salaries for local government employees;
b. Sections 556.004, 556.005, and 556.006 of the Texas Government Code; and
c. Sections 2113.012 and 2113.101 of the Texas Government Code.
11.17 Dispute Resolution Process. The dispute resolution process provided for in Chapter 2009
of Texas Government Code shall be used by GRANTEE to resolve any dispute arising under this
Contract including specifically any alleged breach of the Contract by OAG.
11.18 Excluded Parties. GRANTEE certifies that it is not listed in the prohibited vendors list
ICAC Subrecipient Grant Contract – FY 2024
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authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions with
Persons Who Commit, Threaten to Commit, or Support Terrorism”, published by the United States
Department of the Treasury, Office of Foreign Assets Control.
11.19 Executive Head of a State Agency Affirmation. In accordance with Section 669.003 of
the Texas Government Code, relating to contracting with an executive head of a state agency,
GRANTEE certifies that it is not (1) the executive head of the OAG, (2) a person who at any time
during the four years before the date of the Contract or grant was the executive head of the OAG,
or (3) a person who employs a current or former executive head of the OAG.
11.20 Political Polling Prohibition. GRANTEE represents and warrants that it does not perform
political polling and acknowledges that appropriated funds may not be granted to, or expended by,
any entity which performs political polling.
11.21 Financial Participation Prohibited Affirmation. Under Section 2155.004(b) of the
Texas Government Code, GRANTEE certifies that the individual or business entity named in this
Contract is not ineligible to receive the specified Contract or grant funding and acknowledges that
the Contract may be terminated and all payments withheld if this certification is inaccurate.
11.22 Human Trafficking Prohibition. Under Section 2155.0061 of the Texas Government
Code, the GRANTEE certifies that the individual or business entity named in this Contract is not
ineligible to receive the specified Contract or grant funding and acknowledges that this Contract
may be terminated and all payments withheld if this certification is inaccurate.
11.23 Prior Disaster Relief Contract Violation. Under Sections 2155.006 and 2261.053 of the
Texas Government Code, GRANTEE certifies that the individual or business entity named in this
Contract is not ineligible to receive the specified Contract or grant funding and acknowledges that
this Contract may be terminated and all payments withheld if this certification is inaccurate.
11.24 Cybersecurity Training Programs. GRANTEE represents and warrants its compliance
with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training
program for local government employees who have access to a local government computer system
or database. If GRANTEE has access to any state computer system or database, GRANTEE shall
complete cybersecurity training and verify completion of the training program to the Agency
pursuant to and in accordance with Section 2054.5192 of the Government Code.
11.26 Debarment and Suspension. GRANTEE certifies that it and its principals are not
suspended or debarred from doing business with the state or federal government as listed on the
State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and
the System for Award Management (SAM) maintained by the General Services or Administration.
11.26 Disclosure Protections for Certain Charitable Organizations, Charitable Trusts, and
Private Foundations.GRANTEE represents and warrants that it will comply with Section
2252.906 of the Texas Government Code relating to disclosure protections for certain charitable
organizations, charitable trusts, and private foundations.
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11.27 Legal Authority. GRANTEE represents that it possesses legal authority to apply for the
grant. A resolution, motion or similar action has been duly adopted or passed as an official act of
the GRANTEE’s governing body, authorizing the filing of the Response or Grant Application,
including all understandings and assurances contained therein, and directing and authorizing the
person identified as the official representative, or the designee of GRANTEE to act in connection
with the Contract and to provide such additional information as may be required.
11.28 Open Meetings. If the GRANTEE is a governmental entity, GRANTEE represents and
warrants its compliance with Chapter 551 of the Texas Government Code which requires all
regular, special or called meeting of a governmental body to be open to the public, except as
otherwise provided by law.
11.29 COVID-19 Documentation. Pursuant to Texas Health and Safety Code, Section
161.0085(c), a business in this state may not require a customer to provide any documentation
certifying the customer’s COVID-19 vaccination or post-transmission recovery on entry to, to gain
access to, or to receive service from the business. To the extent applicable, GRANTEE represents
and warrants that it is in compliance with Texas Health and Safety Code, Section 161.0085 and is
eligible, pursuant to that section, to receive a grant or otherwise enter into a contract payable with
state funds.
11.30 Restrictions and Certifications Regarding Non-Disclosure Agreements and Related
Matters. In accepting this grant, the GRANTEE:
a. represents and warrants that GRANTEE neither requires nor has required internal
confidentiality agreements or statements from employees or contractors that currently prohibit or
otherwise currently restrict (or purport to prohibit or restrict) employees or contractors from
reporting waste, fraud, or abuse as described above; and
b. certifies that, if GRANTEE learns or GRANTEE is notified that it is or has been
requiring its employees or contractors to execute agreements or statements that prohibit or
otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse as described
above, it will immediately stop any further obligations of award funds, will provide prompt written
notification to the OAG and will resume (or permit resumption of) such obligations only if
expressly authorized to do so by the OAG.
11.31 Public Camping Ban. GRANTEE certifies that it has not received a final judicial
determination finding it intentionally adopted or enforced a policy that prohibited or discouraged
the enforcement of a public camping ban in an action brought by the Attorney General under Local
Government Code § 364.003. If GRANTEE is currently being sued under the provisions of Local
Government Code § 364.003, or is sued under this section at any point during the duration of this
grant, GRANTEE must immediately disclose the lawsuit and its current posture to the OAG.
11.32 Disaster Recovery Plan. Upon request of OAG, GRANTEE shall provide the descriptions
of its business continuity and disaster recovery plans.
11.33 Discrimination Prohibited. To the extent applicable, in accordance with Section
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2105.004 of the Texas Government Code, GRANTEE represents and warrants that it will not use
block grant funds in a manner that discriminates on the basis of race, color, national origin, sex, or
religion.
11.34 Force Majeure. Neither GRANTEE nor OAG shall be liable to the other for any delay in,
or failure of performance, of any requirement included in the Grant Contract caused by force
majeure. The existence of such causes of delay or failure shall extend the period of performance
until after the causes of delay or failure have been removed provided the non-performing Party
exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war,
fires, explosions, hurricanes, floods, failure of transportation, epidemics or pandemics, or other
causes that are beyond the reasonable control of either Party and that by exercise of due foresight
such Party could not reasonably have been expected to avoid, and which, by the exercise of all
reasonable due diligence, such Party is unable to overcome.
11.35 Texas Public Information Act. Information, documentation, and other material in
connection with this Contract may be subject to public disclosure pursuant to Chapter 552 of the
Texas Government Code (the “Public Information Act”). In accordance with section 2252.907 of
the Texas Government Code, GRANTEE is required to make any information created or
exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure
under the Texas Public Information Act, available in a format that is accessible by the public at no
additional charge to the State.
11.36 MOU between OAG and GRANTEE. The OAG and GRANTEE will have in place a
MOU that outlines the duties and responsibilities of GRANTEE as a member of the ICAC Task
Force. GRANTEE agrees to comply with the approved Department of Justice, OJP, Office of
Juvenile Justice and Delinquency Prevention ICAC Task Force Operational and Investigative
Standards.
SECTION 12 FEDERAL FUNDING TERMS AND CONDITIONS
12.1 Federal and State Laws, Rules and Regulations, Directives, Guidelines, Code of
Federal Regulations (CFR) and Other Relevant Authorities. GRANTEE agrees to comply with
all applicable federal and state laws, rules and regulations, directives, guidelines, including 2 CFR
Part 200, and any other authorities relevant to the performance of GRANTEE under this contract.
In instances where multiple requirements apply to GRANTEE, the more restrictive requirement
applies.
12.2 Catalog of Federal Domestic Assistance Number. The Catalog of Federal Domestic
Assistance Number (CFDA) number for the Department of Justice, Office of Justice Programs,
Office of Juvenile Justice and Delinquency Prevention program is 16.543, titled “Missing
Children’s Assistance.”
12.3 Byrd Anti-Lobbying Amendment. To the extent applicable, GRANTEE certifies that no
federal appropriated funds have been paid or will be paid to any person or organization for
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Page 20 of 150
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, an officer or employee of Congress, or an employee of a member of Congress on its
behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by
GRANTEE to conduct such lobbying activities, GRANTEE shall promptly file the prescribed
disclosure form. In accordance with 31 U.S.C. § 1352(b)(5), GRANTEE acknowledges and agrees
that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance
with the expenditure prohibition and the declaration requirement.
12.4 Clean Air Act and Federal Water Pollution Control Act. GRANTEE represents and
warrants that it will comply with all applicable standards, orders or regulations issued pursuant to
the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as
amended (33 U.S.C. 1251-1387).
12.5 Compliance with Laws, Rules, and Requirements. GRANTEE represents and warrants
that it will comply, and assure the compliance of all its subrecipients and contractors, with all
applicable federal and state laws, rules, regulations, and policies in effect or hereafter established.
In addition, GRANTEE represents and warrants that it will comply with all requirements imposed
by the OAG concerning special requirements of law, program requirements, and other
administrative requirements. In instances where multiple requirements apply to GRANTEE, the
more restrictive requirement applies.
12.6 Disclosure of Violations of Federal Criminal Law. GRANTEE represents and warrants
its compliance with 2 CFR § 200.113 which requires the disclosure in writing of violations of
federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil,
criminal, or administrative proceedings to SAM.
12.7 Federal Solid Waste Disposal Ac t. GRANTEE represents and warrants that it will comply
with the requirements of Section 6002 of the Solid Waste Disposal Act, as amended by the
Resource Conservation and Recovery Act.
12.8 No Conflicts of Interest (Federal). GRANTEE represents and warrants its compliance
with the OJP’s conflict of interest policies in accordance 2 CFR § 200.112.
12.9 Records Retention (Federal). GRANTEE represents and warrants its compliance with the
records retention requirements of 2 CFR § 200.333. OAG reserves the right to direct a GRANTEE
to retain documents for a longer period of time or transfer certain records to OAG custody when
it is determined the records possess longer term retention value. GRANTEE must include the
substance of this clause in all subawards and subcontracts.
12.10 Special Provisions Due to Federal Funding.
12.10.1 Source of Federal Funds. The source of funds for this Contract are federal funds,
specifically, the ICAC Task Forces, conducted in accordance with Federal grant programs
funded under the CFDA No. 16.543 Missing Children’s Assistance.
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12.10.2 Applicable Certifications and Assurances and other Provisions Due to Federal
Funding. GRANTEE agrees to comply with all relevant federal requirements under the
applicable federal grant program. GRANTEE agrees to comply with terms of the “Super
Circular” (2 CFR Chapters I and II) in the event they are applicable to this award funded with
federal funds.
SECTION 13 C ONSTRUCTION OF C ONTRACT AND A MENDMENTS
13.1 Construction of Contract. The provisions of Section 1 are intended to be a general
introduction to this Contract. To the extent the terms and conditions of this Contract do not address
a particular circumstance or are otherwise unclear or ambiguous, such terms and conditions are to
be construed consistent with the general objectives, expectations and purposes of this Contract.
13.2 Entire Agreement, including All Exhibits. This Contract, including all exhibits, reflects
the entire agreement between the Parties with respect to the subject matter therein described, and
there are no other representations (verbal or written), directives, guidance, assistance,
understandings or agreements between the Parties related to such subject matter. By executing this
Contract, GRANTEE agrees to strictly comply with the requirements and obligations of this
Contract, including all exhibits.
13.3 Amendment. This Contract shall not be modified or amended except in writing, signed
by both parties. Any properly executed amendment of this Contract shall be binding upon the
Parties and presumed to be supported by adequate consideration.
13.4 Partial Invalidity. If any term or provision of this Grant Contract is found to be illegal or
unenforceable, such construction shall not affect the legality or validity of any of its other
provisions. It is the intent and agreement of the Parties to this Grant Contract that the resulting
Grant Contract shall be deemed amended by modifying such provision to the extent necessary to
render it valid, legal and enforceable while preserving its intent or, if such modification is not
possible, by substituting another provision that is valid, legal and enforceable and that achieves
the same objective. All other provisions of the Grant Contract will continue in full force and effect.
13.5 Non-waiver. The failure of any Party to insist upon strict performance of any of the terms
or conditions herein, irrespective of the length of time of such failure, shall not be a waiver of that
party's right to demand strict compliance in the future. No consent or waiver, express or implied,
to or of any breach or default in the performance of any obligation under this Contract shall
constitute a consent or waiver to or of any breach or default in the performance of the same or any
other obligation of this Contract.
13.6 Official Capacity. The Parties stipulate and agree that the signatories hereto are signing,
executing and performing this Contract only in their official capacity.
13.7 Signature Authority. The undersigned Parties represent and warrant that the individuals
submitting this document are authorized to sign such documents on behalf of the respective parties.
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13.8 False Statements. GRANTEE agrees and acknowledges that if GRANTEE signs the
Grant Contract with a false statement or it is subsequently determined that GRANTEE has
violated any of the representations, warranties, guarantees, certifications, or affirmations
included in the Grant Contract, or any documents submitted in connection with the Grant
Contract, then GRANTEE will be in default under the Grant Contract and OAG may terminate
or void the Grant Contract.
IN WITNESS HEREOF, THE PARTIES HAVE SIGNED AND EXECUTED THIS
CONTRACT.
OFFICE OF THE ATTORNEY Corpus Christi Police Department
GENERAL OF TEXAS
____________________________ ________________________________
Josh RenoCaptain Trenade Paddock-Roberts
Printed Name: _________________ Printed Name: _____________________
Office of the Attorney General Authorized Official
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GRANT CONTRACT
OAG Contract No. C-01284
EXHIBIT A
Maximum Liability of the OAG. The OAG and GRANTEE agree that the total liability of the
OAG to GRANTEE, directly or indirectly, arising out of this Contract for reimbursement of all
expenses, shall not exceed:
$28,410.00.
Subject to the limitations within this Contract, the OAG will reimburse GRANTEE for actual
allowable and allocable costs paid according to the following amounts and budget categories:
Budget Category Amount
Travel $2,685.00
Equipment $ 0.00
Supplies $14,192.00
Other Direct Operating Expenses $11,533.00
Total $28,410.00
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GRANT CONTRACT
OAG Contract No. C-01284
EXHIBIT B
SPECIAL CONDITIONS
Special Conditions are imposed by the OAG at its sole discretion. In addition to the ones identified
in this exhibit to this Contract, the OAG may, at its sole discretion, impose additional special
conditions, with or without notice, without amending this Contract.
GRANTEE’s signature on this contact will be treated as a signature agreement for each of the
sixty-five (65) pages of the Special Conditions, as attached.
The Special Conditions that apply to this Contract are:
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Special Conditions of the Cooperative Agreement (OAG
Award Document), 15PJDP-21-GK-03802-MECP, and any subsequent award
document.
Forty-five (45) pages.
Department of Justice, Office of Justice Programs, Office of Juvenile Justice and
Delinquency Prevention, Project Summary (OAG Award Document), 15PJDP-21-
GK-03802-MECP.
Four (4) pages.
Compliance with the Department of Justice, Office of Justice Programs, Office of
Civil Rights, as provided in the letter to Texas Office of the Attorney General and any
subsequent award document.
Six (6) pages.
Department of Justice, Office of Justice Programs, Assurances – Standard
Assurances.
Three (3) pages.
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EXHIBIT B DOCUMENTS
Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Terms And Conditions
1
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements
regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a
religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and
requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to
an equal employment opportunity program.
3
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as
adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply
to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or
before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award
number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental
award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final
expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any
subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in
addition to the financial records, supporting documents, statistical records, and other pertinent records indicated
6/20
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at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by
OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
4
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the
recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200
Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with
audits, investigations, or reviews of DOJ awards.
5
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance
also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that
it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such
exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or
will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled
"Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-
AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official,
all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period --
may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the
OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may
take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C.
1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law.
Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed
severable from this award.
6
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in
whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of
the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr7/20
12/7/22, 9:22 AMActive Funded Award
B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities
under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition in
accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and
trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated
for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this
condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be
involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award
funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the
proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation")
to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in
whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier,
or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination
law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
7
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OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and
Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-
subgrantees.
8
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost
rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total
direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carried out under the award
(whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals
may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may
interact with participating minors), and are incorporated by reference here.
10
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the
use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or
might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
11
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
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12
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high-risk" for purposes of the DOJ high-risk grantee list.
13
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an
"OJP financial management and grant administration training" by 120 days after the date of the recipient's
acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this
condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the
period of performance, the new Grant Award Administrator or Financial Manager must have successfully
completed an "OJP financial management and grant administration training" by 120 calendar days after the date
the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in
JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this
condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
14
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination
against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of
a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
15
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of
an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes,
stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1)
within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information
system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or
imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
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Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings,
and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by
DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such
conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the
DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants
Financial Guide").
17
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other
applicable laws.
18
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of
DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,
high risk includes any status under which a federal awarding agency provides additional oversight due to the
recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's
disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high
risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding
agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the
federal awarding agency.
19
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP
website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm),
including any updated version that may be posted during the period of performance. The recipient agrees to
comply with the DOJ Grants Financial Guide.
20
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.
Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and
enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
21
Restrictions and certifications regarding non-disclosure agreements and related matters
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No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the
reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative
of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates
to sensitive compartmented information), or any other form issued by a federal department or agency governing
the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste,
fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide
prompt written notification to the federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract)
either requires or has required internal confidentiality agreements or statements from employees or contractors
that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors
from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation;
and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives
funds under this award is or has been requiring its employees or contractors to execute agreements or
statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse
as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide
prompt written notification to the federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
22
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that
is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S.
Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as
reclassified to Title 34. This rule of construction specifically includes references set out in award conditions,
references set out in material incorporated by reference through award conditions, and references set out in other
award requirements.
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Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to
obtain specific advance approval to use a noncompetitive approach in any procurement contract that would
exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore
does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract
under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval
required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and
are incorporated by reference here.
24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements
and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,
whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this
condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted
on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)), and are incorporated by reference here.
25
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of
federal funds during the period of performance for this award, the recipient promptly must determine whether
funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one
or more of the identical cost items for which funds are provided under this award. If so, the recipient must
promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication,
and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope
Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
26
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates
the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to
the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-
grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the
Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington,
DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at
(202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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27
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must
have specific federal authorization), and are incorporated by reference here.
28
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with
SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web
site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and
Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant
or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or
might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed
without the express prior written approval of OJP.
30
The recipient agrees to submit a final report at the end of this award documenting all relevant project activities
during the entire period of support under this award. This report will include detailed information about the
project(s) funded, including, but not limited to, information about how the funds were actually used for each
purpose area, data to support statements of progress, and data concerning individual results and outcomes of
funded projects reflecting project successes and impacts. The final report is due no later than 120 days following
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the close of this award period or the expiration of any extension periods. This report will be submitted to the Office
of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov/
31
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of
such funds.
32
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief
Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or
site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring
tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with
OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for
audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
33
Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member
of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance
Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the
amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
34
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The
details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of
2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-
profit organization that he or she may own or operate in his or her name).
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35
The Project Director and/or any other key program personnel designated in the application shall be replaced only
for compelling reasons. Successors to key personnel must be approved by OJP, and such approval is contingent
upon submission of appropriate information, including, but not limited to, a resume. Changes in program
personnel, other than key personnel, require only notification to OJP and submission of resumes, unless
otherwise designated in the award document.
36
Statement of Federal Involvement:
Due to the substantial Federal involvement contemplated in completion of this project, the Office of Juvenile
Justice and Delinquency Prevention (OJJDP) has elected to enter into a cooperative agreement rather than a
grant. This decision is based on OJP and OJJDP's ongoing responsibility to assist and coordinate projects that
relate to the funded activities. OJP and OJJDP will provide input and re-direction to the project, as needed, in
consultation with the recipient, and will actively monitor the project by methods including, but not limited to,
ongoing contact with the recipient. In meeting programmatic responsibilities, OJP, OJJDP, and the recipient will be
guided by the following principles: responsibility for the day-to-day operations of this project rests with the
recipient in implementation of the recipient's approved proposal, the recipient's approved budget, and the terms
and conditions specified in this award. Responsibility for general oversight and redirection of the project, if
necessary, rests with OJJDP. In addition to its programmatic reporting requirements, the recipient agrees to
provide necessary information as requested by OJP and OJJDP. Information requests may include, but are not
limited to, specific submissions related to: performance, including measurement of project outputs/outcomes;
meeting performance specifications; developmental decision points; changes in project scope or personnel;
budget modifications; and/or coordination of related projects.
37
Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity,
or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the
recipient must provide the program manager with the following information and itemized costs:
1) name of event;
2) event dates;
3) location of event;
4) number of federal attendees;
5) number of non-federal attendees;
6) costs of event space, including rooms for break-out sessions;
7) costs of audio visual services;
8) other equipment costs (e.g., computer fees, telephone fees);
9) costs of printing and distribution;
10) costs of meals provided during the event;
11) costs of refreshments provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14) any other costs associated with the event.
The recipient must also itemize and report any of the following attendee (including participants, presenters,
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speakers) costs that are paid or reimbursed with cooperative agreement funds:
1) meals and incidental expenses (M&IE portion of per diem);
2) lodging;
3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) local transportation (e.g., rental car, POV) at event location.
Note that if any item is paid for with registration fees, or any other non-award funding, then that portion of the
expense does not need to be reported.
Further instructions regarding the submission of this data, and how to determine costs, are available in the DOJ
Financial Guide Conference Cost Chapter.
38
Confidential Funds
Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification that
the recipient (or the subrecipient, as applicable) has read, understands, and agrees to abide by all of the
conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide.
39
Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with
derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward
(at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership
with Federal support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data
first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or
otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation
(FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the
provisions of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights
and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed
subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the
recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not
proceed with the agreement in question without further authorization from the OJP program office.
40
OJJDP - Web Site Notice of Federal Funding and Disclaimer
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the
user to interior content), and on any pages from which a visitor may access or use a Web-based service,
including any pages that provide results or outputs from the service:
"This Web site is funded in whole or in part through a grant from the Office of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor
any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,
without limitation, its content, technical infrastructure, and policies, and any services or tools provided)."
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr17/20
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The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement
may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the
statement.
41
ICAC Task Force Standards. The recipient agrees to comply with the OJJDP approved ICAC Task Force
Operational and Investigative Standards
42
ICAC Task Force Representation. The recipient agrees to designate one individual from its task force to attend
the ICAC Task Force commander meetings during the 12-month project period.
43
ICAC Annual Reports
The recipient agrees to submit annual reports to OJP that set forth the following:
(A) The number of law enforcement agencies participating in Internet crimes against children program standards
established by the task force. (B) Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet
crimes against children.
44
The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the
OJJDP-designated site.
45
Conditional Clearance
The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO)
has approved the budget and budget narrative and an Award Condition Modification (ACM) has been issued to
remove this award condition.
46
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP
award or any other grant, cooperative agreement, or procurement contract from the federal government. Under
certain circumstances, recipients of OJP awards are required to report information about such proceedings,
through the federal System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
47
All electronic and information technology materials developed or maintained under this award must be compliant
with Section 508 of the Rehabilitation Act of 1973. Please refer to www.section508.gov for more detail.
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr18/20
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48
OJJDP- OJJDP-Funded Webinars
The award recipient must comply with OJJDP's Webinar Guidelines, as described in the OJJDPTraining and
Technical Assistance (TTA) Standards at
https://www.ojjdp.gov/programs/Core_Performance_Standards_updated%20May%202012_508c.pdf. At a
minimum, OJJDP training and technical assistance providers shall submit to the OJJDP NTTAC information (i.e.
title, description of the webinar, intended audience, panelists, etc.) 30 days in advance of all webinar events for
the OJJDP NTTAC online calendar, use the approved OJJDP presentation template, and record events and send
a copy of the files to OJJDP.
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A.Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority
to make this declaration and certification on behalf of the applicant.
B.Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my
knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have
available to me) a diligent review of all terms and conditions of, and all supporting materials
submitted in connection with, this award, including any assurances and certifications (including
anything submitted in connection therewith by a person on behalf of the applicant before, after, or at
the time of the application submission and any materials that accompany this acceptance and
certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C.Accept this award on behalf of the applicant.
D.Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1)
I understand that, in taking (or not taking) any action pursuant to this declaration and certification,
DOJ will rely upon this declaration and certification as a material representation; and (2) I understand
that any materially false, fictitious, or fraudulent information or statement in this declaration and
certification (or concealment or omission of a material fact as to either) may be the subject of criminal
prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273),
and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or
otherwise.
Agency Approval
Title of Approving OfficialName of Approving OfficialSigned Date And Time
Deputy Assistant AttorneyMaureen Henneberg11/1/22 1:19 PM
General
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr19/20
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Project Title
FY22 Southern Texas ICAC Task Force Program
Performance Period StartPerformance Period End
DateDate
10/01/202109/30/2023
Budget Period Start DateBudget Period End Date
10/01/202109/30/2023
Project Description
TheTexasOceof theAorneyGeneral(TXOAG)ICACTaskForcewillconnuetomaintain,expand,and
improvetheSouthernTexasICACtaskforce'seecvenessinprevenng,interdicng,invesgang,and
prosecungInternetcrimesagainstchildrenandtechnology-facilitatedchildexploitaon.TheSouthern
TexasICACtaskforceconsistsof 134couneswithintheSouthernTexasICACRegion,whichstretchesalong
theTexascoastlineandeasttowardLouisiana.ICACgrant-fundedpersonnelarecricalinaddressingthe
increasedcaseloadandprovidinginvesgaveandforensicassistancetolawenforcementinareaswhere
experseisrequired.TheTexasOAGwillconnuetrainingICACandnon-ICACpersonnel.Emphasiswill
connuetobeoncollaborangwithlawenforcementandlocalandfederalprosecutorstosupportthe
invesgaonandprosecuonof childpredators.Addionally,mentalwellnesstrainingof invesgators,
supervisors,andsupportstaremainsaprioritytoensurepersonnelaresucientlyequippedtoprevent
andmigatethenegaveeectsassociatedwithconducnginvesgaonsinvolvingchildpornography.
Progresswillbemeasuredthroughmonthlyandsemi-annualreportsasrequiredbytheOceof Jusce
Programs,Oceof JuvenileJusceandDelinquencyPrevenon(OJJDP).
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
I have read and understand the information presented in this section of the Federal Award Instrument.
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr5/20
12/7/22, 9:22 AMActive Funded Award
Award InitialSupplement 01
Supplement Award Status :
Pending-VerifyAuthorizeRep
Award Letter
November 3, 2022
Dear Alisha Jackson,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform youthe Office of Justice Programs
(OJP)has approved the application submitted byATTORNEY GENERAL OF TEXAS for an award under the
funding opportunity entitled.The approved award amount is $711,852.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance.For COPS Office and OVW funding the
Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other
important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award
conditions, the assurances and certifications, and the application as approved byOJP,so that they understand the
award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of
the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay award
funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award
Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity
Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority
to accept awards and bind the entity to the award terms and conditions.To accept the award, the Authorized
Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by
executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system,
received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ)
has been delegated the responsibility for ensuring that recipients of federal financial assistance from the
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr1/20
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OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against
Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such
as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require
recipients of federal financial assistance to give assurances that they will comply with those laws. Taken
together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from
discriminating in services and employment because of race, color, national origin, religion, disability, sex,
and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete review of
these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients
from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits
based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of
financial assistance from the Department are providing services in a nondiscriminatory manner to their
service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the
Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system,
there are two additional obligations that may apply in connection with the awards: (1) complying with the
regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of
discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see 28
C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's
civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not
hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
NEPA Letter
NEPA Coordinator
First NameMiddle NameLast Name
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr2/20
12/7/22, 9:22 AMActive Funded Award
Recipient Name
ATTORNEY GENERAL, TEXAS
DUNS NumberUEI
806780789GHNGAZ1C6LT7
Street 1Street 2
300 W 15TH ST
CityState/U.S. Territory
AUSTINTexas
Zip/Postal CodeCountry
78701United States
County/ParishProvince
Award Details
Assistance
Federal Award Date
Assistance Listing NumberListings
11/3/22
Program Title
Award Type
Missing Children's
Continuation
16.543
Assistance
Award Number
15PJDP-21-GK-03802-MECP
Supplement Number
Statutory Authority
01
Pub. L. No. 117-103, 136 Stat. 49, 129
Federal Award Amount
$711,852.00
Funding Instrument Type
CA
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr3/20
U.S. DEPARTMENT OF JUSTICE
CERTIFIED STANDARD ASSURANCES
On behalf of the Applicant, and in support of this application for a grant
or cooperative agreement, I certify under penalty of perjury to the U.S.
Department of Justice ("Department"), that all of the following are true
and correct:
(1) I have the authority to make the following representations on behalf
of myself and the Applicant. I understand that these representations will
be relied upon as material in any Department decision to make an award to
the Applicant based on its application.
(2) I certify that the Applicant has the legal authority to apply for the
federal assistance sought by the application, and that it has the
institutional, managerial, and financial capability (including funds
sufficient to pay any required non-federal share of project costs) to plan,
manage, and complete the project described in the application properly.
(3) I assure that, throughout the period of performance for the award (if
any) made by the Department based on the application--
a. the Applicant will comply with all award requirements and
all federal statutes and regulations applicable to the
award;
b. the Applicant will require all subrecipients to comply
with all applicable award requirements and all
applicable federal statutes and regulations; and
c. the Applicant will maintain safeguards to address and prevent any
organizational conflict of interest, and also to prohibit
employees from using their positions in any manner that poses, or
appears to pose, a personal or financial conflict of interest.
(4) The Applicant understands that the federal statutes and regulations
applicable to the award (if any) made by the Department based on the
application specifically include statutes and regulations pertaining to
civil rights and nondiscrimination, and, in addition--
a. the Applicant understands that the applicable statutes
pertaining to civil rights will include section 601 of the Civil
Rights Act of 1964 (42 U.S.C. § 2000d); section 504 of the
Rehabilitation Act of 1973 (29 U.S.C. § 794); section 901 of the
Education Amendments of 1972 (20 U.S.C. § 1681); and section 303
of the Age Discrimination Act of 1975 (42 U.S.C. § 6102);
b. the Applicant understands that the applicable statutes
pertaining to nondiscrimination may include section 809(c) of
Title I of the Omnibus Crime Control and Safe Streets Act of
1968 (34 U.S.C. § 10228(c)); section 1407(e) of the Victims of
Crime Act of 1984 (34 U.S.C. § 20110(e)); section 299A(b) of the
Juvenile Justice and Delinquency Prevention Act of 2002 (34
U.S.C. § 11182(b)); and that the grant condition set out at
section 40002(b)(13) of the Violence Against Women Act (34
U.S.C. § 12291(b)(13)), which will apply to all awards made by
the Office on Violence Against Women, also may apply to an award
made otherwise;
c. the Applicant understands that it must require any subrecipient
to comply with all such applicable statutes (and associated
regulations); and
d. on behalf of the Applicant, I make the specific assurances set
out in 28 C.F.R. §§ 42.105 and 42.204.
(5) The Applicant also understands that (in addition to any applicable
program-specific regulations and to applicable federal regulations that
pertain to civil rights and nondiscrimination) the federal regulations
applicable to the award (if any) made by the Department based on the
application may include, but are not limited to, 2 C.F.R. Part 2800 (the DOJ
"Part 200 Uniform Requirements") and 28 C.F.R. Parts 22 (confidentiality -
research and statistical information), 23 (criminal intelligence systems), 38
(regarding faith-based or religious organizations participating in federal
financial assistance programs), and 46 (human subjects protection).
(6) I assure that the Applicant will assist the Department as necessary
(and will require subrecipients and contractors to assist as necessary)
with the Department's compliance with section 106 of the National Historic
Preservation Act of 1966 (54 U.S.C. § 306108), the Archeological and
Historical Preservation Act of 1974 (54 U.S.C. §§ 312501-312508), and the
National Environmental Policy Act of 1969 (42 U.S.C. §§ 4321-4335), and 28
C.F.R. Parts 61 (NEPA) and 63 (floodplains and wetlands).
(7) I assure that the Applicant will give the Department and the
Government Accountability Office, through any authorized representative,
access to, and opportunity to examine, all paper or electronic records
related to the award (if any) made by the Department based on the
application.
(8) If this application is for an award from the National Institute of
Justice or the Bureau of Justice Statistics pursuant to which award funds
may be made available (whether by the award directly or by any subaward
at any tier) to an institution of higher education (as defined at 34
U.S.C. § 10251(a)(17)), I assure that, if any award funds actually are
made available to such an institution, the Applicant will require that,
throughout the period of performance--
a. each such institution comply with any requirements that are
imposed on it by the First Amendment to the Constitution of
the United States; and
b. subject to par. a, each such institution comply with its own
representations, if any, concerning academic freedom, freedom
of inquiry and debate, research independence, and research
integrity, at the institution, that are included in
promotional materials, in official statements, in formal
policies, in applications for grants (including this award
application), for accreditation, or for licensing, or in
submissions relating to such grants, accreditation, or
licensing, or that otherwise are made or disseminated to
students, to faculty, or to the general public.
(9) I assure that, if the Applicant is a governmental entity, with respect
to the award (if any) made by the Department based on the application--
a. it will comply with the requirements of the Uniform Relocation
Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655), which govern the treatment of persons displaced as
a result of federal and federally-assisted programs; and
b. it will comply with requirements of 5 U.S.C. §§ 1501-1508 and
7324-7328, which limit certain political activities of State
or local government employees whose principal employment is in
connection with an activity financed in whole or in part by
federal assistance.
(10) If the Applicant applies for and receives an award from the Office of
Community Oriented Policing Services (COPS Office), I assure that as
required by 34 U.S.C. § 10382(c)(11), it will, to the extent practicable and
consistent with applicable law--including, but not limited to, the Indian
Self-Determination and Education Assistance Act--seek, recruit, and hire
qualified members of racial and ethnic minority groups and qualified women
in order to further effective law enforcement by increasing their ranks
within the sworn positions, as provided under 34 U.S.C. § 10382(c)(11).
(11) If the Applicant applies for and receives a DOJ award under the STOP
School Violence Act program, I assure as required by 34 U.S.C. § 10552(a)(3),
that it will maintain and report such data, records, and information
(programmatic and financial) as DOJ may reasonably require.
I acknowledge that a materially false, fictitious, or fraudulent statement
(or concealment or omission of a material fact) in this certification, or in
the application that it supports, may be the subject of criminal prosecution
(including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-
10273), and also may subject me and the Applicant to civil penalties and
administrative remedies for false claims or otherwise (including under 31
U.S.C. §§ 3729-3730 and 3801-3812). I also acknowledge that
awards, including certifications provided in connection with such awards,
are subject to review by the Department, including by its Office of the
Inspector General.
Exhibit C
12/7/22, 9:22 AMActive Funded Award
Award InitialSupplement 01
Supplement Award Status :
Pending-VerifyAuthorizeRep
Award Letter
November 3, 2022
Dear Alisha Jackson,
On behalf of Attorney General Merrick B. Garland, it is my pleasure to inform youthe Office of Justice Programs
(OJP)has approved the application submitted byATTORNEY GENERAL OF TEXAS for an award under the
funding opportunity entitled.The approved award amount is $711,852.
Review the Award Instrument below carefully and familiarize yourself with all conditions and requirements before
accepting your award. The Award Instrument includes the Award Offer (Award Information, Project Information,
Financial Information, and Award Conditions) and Award Acceptance.For COPS Office and OVW funding the
Award Offer also includes any Other Award Documents.
Please note that award requirements include not only the conditions and limitations set forth in the Award Offer, but
also compliance with assurances and certifications that relate to conduct during the period of performance for the
award. These requirements encompass financial, administrative, and programmatic matters, as well as other
important matters (e.g., specific restrictions on use of funds). Therefore, all key staff should receive the award
conditions, the assurances and certifications, and the application as approved byOJP,so that they understand the
award requirements. Information on all pertinent award requirements also must be provided to any subrecipient of
the award.
Should you accept the award and then fail to comply with an award requirement, DOJ will pursue appropriate
remedies for non-compliance, which may include termination of the award and/or a requirement to repay award
funds.
Prior to accepting the award, your Entity Administrator must assign a Financial Manager, Grant Award
Administrator, and Authorized Representative(s) in the Justice Grants System (JustGrants). The Entity
Administrator will need to ensure the assigned Authorized Representative(s) is current and has the legal authority
to accept awards and bind the entity to the award terms and conditions.To accept the award, the Authorized
Representative(s) must accept all parts of the Award Offer in the Justice Grants System (JustGrants), including by
executing the required declaration and certification, within 45 days from the award date.
To access your funds, you will need to enroll in the Automated Standard Application for Payments (ASAP) system,
received an email from ASAP to initiate this process.
Congratulations, and we look forward to working with you.
Maureen Henneberg
Deputy Assistant Attorney General
Office for Civil Rights Notice for All Recipients
The Office for Civil Rights (OCR), Office of Justice Programs (OJP), U.S. Department of Justice (DOJ)
has been delegated the responsibility for ensuring that recipients of federal financial assistance from the
1/20
12/7/22, 9:22 AMActive Funded Award
OJP, the Office of Community Oriented Policing Services (COPS), and the Office on Violence Against
Women (OVW) are not engaged in discrimination prohibited by law. Several federal civil rights laws, such
as Title VI of the Civil Rights Act of 1964 and Section 504 of the Rehabilitation Act of 1973, require
recipients of federal financial assistance to give assurances that they will comply with those laws. Taken
together, these civil rights laws prohibit recipients of federal financial assistance from DOJ from
discriminating in services and employment because of race, color, national origin, religion, disability, sex,
and, for grants authorized under the Violence Against Women Act, sexual orientation and gender identity.
Recipients are also prohibited from discriminating in services because of age. For a complete review of
these civil rights laws and nondiscrimination requirements, in connection with DOJ awards, see
https://ojp.gov/funding/Explore/LegalOverview/CivilRightsRequirements.htm.
Under the delegation of authority, the OCR investigates allegations of discrimination against recipients
from individuals, entities, or groups. In addition, the OCR conducts limited compliance reviews and audits
based on regulatory criteria. These reviews and audits permit the OCR to evaluate whether recipients of
financial assistance from the Department are providing services in a nondiscriminatory manner to their
service population or have employment practices that meet equal-opportunity standards.
If you are a recipient of grant awards under the Omnibus Crime Control and Safe Streets Act or the
Juvenile Justice and Delinquency Prevention Act and your agency is part of a criminal justice system,
there are two additional obligations that may apply in connection with the awards: (1) complying with the
regulation relating to Equal Employment Opportunity Programs (EEOPs); and (2) submitting findings of
discrimination to OCR. For additional information regarding the EEOP requirement, see 28 CFR Part 42,
subpart E, and for additional information regarding requirements when there is an adverse finding, see 28
C.F.R. §§ 42.204(c), .205(c)(5).
The OCR is available to help you and your organization meet the civil rights requirements that are
associated with DOJ grant funding. If you would like the OCR to assist you in fulfilling your organization's
civil rights or nondiscrimination responsibilities as a recipient of federal financial assistance, please do not
hesitate to contact the OCR at askOCR@ojp.usdoj.gov.
Memorandum Regarding NEPA
NEPA Letter Type
NEPA Letter
NEPA Coordinator
First NameMiddle NameLast Name
Award Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Recipient Information
https://justgrants.usdoj.gov/prweb/PRAuth/app/JGITS_/3yZ6Bxxi_lpDExTOT4XnAjzjAXmVNevW*/!TABTHREAD2?pyActivity=%40baseclass.pzPr2/20
12/7/22, 9:22 AMActive Funded Award
Recipient Name
ATTORNEY GENERAL, TEXAS
DUNS NumberUEI
806780789GHNGAZ1C6LT7
Street 1Street 2
300 W 15TH ST
CityState/U.S. Territory
AUSTINTexas
Zip/Postal CodeCountry
78701United States
County/ParishProvince
Award Details
Assistance
Federal Award Date
Assistance Listing NumberListings
11/3/22
Program Title
Award Type
Missing Children's
Continuation
16.543
Assistance
Award Number
15PJDP-21-GK-03802-MECP
Supplement Number
Statutory Authority
01
Pub. L. No. 117-103, 136 Stat. 49, 129
Federal Award Amount
$711,852.00
Funding Instrument Type
CA
I have read and understand the information presented in this section of the Federal Award Instrument.
Project Information
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This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Solicitation Title Awarding Agency
OJP
Program Office
Application Number
OJJDP
GRANT13716052
Grant Manager NamePhone Number
Lou Ann Holland202-598-0546
E-mail Address
lou.ann.holland@ojp.usdoj.gov
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Project Title
FY22 Southern Texas ICAC Task Force Program
Performance Period StartPerformance Period End
DateDate
10/01/202109/30/2023
Budget Period Start DateBudget Period End Date
10/01/202109/30/2023
Project Description
TheTexasOceof theAorneyGeneral(TXOAG)ICACTaskForcewillconnuetomaintain,expand,and
improvetheSouthernTexasICACtaskforce'seecvenessinprevenng,interdicng,invesgang,and
prosecungInternetcrimesagainstchildrenandtechnology-facilitatedchildexploitaon.TheSouthern
TexasICACtaskforceconsistsof 134couneswithintheSouthernTexasICACRegion,whichstretchesalong
theTexascoastlineandeasttowardLouisiana.ICACgrant-fundedpersonnelarecricalinaddressingthe
increasedcaseloadandprovidinginvesgaveandforensicassistancetolawenforcementinareaswhere
experseisrequired.TheTexasOAGwillconnuetrainingICACandnon-ICACpersonnel.Emphasiswill
connuetobeoncollaborangwithlawenforcementandlocalandfederalprosecutorstosupportthe
invesgaonandprosecuonof childpredators.Addionally,mentalwellnesstrainingof invesgators,
supervisors,andsupportstaremainsaprioritytoensurepersonnelaresucientlyequippedtoprevent
andmigatethenegaveeectsassociatedwithconducnginvesgaonsinvolvingchildpornography.
Progresswillbemeasuredthroughmonthlyandsemi-annualreportsasrequiredbytheOceof Jusce
Programs,Oceof JuvenileJusceandDelinquencyPrevenon(OJJDP).
I have read and understand the information presented in this section of the Federal Award Instrument.
Financial Information
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
The recipient budget is currently under review.
I have read and understand the information presented in this section of the Federal Award Instrument.
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Award Conditions
This award is offered subject to the conditions or limitations set forth in the Award Information, Project
Information, Financial Information, and Award Conditions.
Terms And Conditions
1
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 38
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 38 (as may be applicable from time to time), specifically including any applicable requirements
regarding written notice to program beneficiaries and prospective program beneficiaries.
Currently, among other things, 28 C.F.R. Part 38 includes rules that prohibit specific forms of discrimination on the
basis of religion, a religious belief, a refusal to hold a religious belief, or refusal to attend or participate in a
religious practice. Part 38, currently, also sets out rules and requirements that pertain to recipient and subrecipient
("subgrantee") organizations that engage in or conduct explicitly religious activities, as well as rules and
requirements that pertain to recipients and subrecipients that are faith-based or religious organizations.
The text of 28 C.F.R. Part 38 is available via the Electronic Code of Federal Regulations (currently accessible at
https://www.ecfr.gov/cgi-bin/ECFR?page=browse), by browsing to Title 28-Judicial Administration, Chapter 1, Part
38, under e-CFR "current" data.
2
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 42
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 42, specifically including any applicable requirements in Subpart E of 28 C.F.R. Part 42 that relate to
an equal employment opportunity program.
3
Applicability of Part 200 Uniform Requirements
The Uniform Administrative Requirements, Cost Principles, and Audit Requirements in 2 C.F.R. Part 200, as
adopted and supplemented by DOJ in 2 C.F.R. Part 2800 (together, the "Part 200 Uniform Requirements") apply
to this FY 2022 award from OJP.
The Part 200 Uniform Requirements were first adopted by DOJ on December 26, 2014. If this FY 2022 award
supplements funds previously awarded by OJP under the same award number (e.g., funds awarded during or
before December 2014), the Part 200 Uniform Requirements apply with respect to all funds under that award
number (regardless of the award date, and regardless of whether derived from the initial award or a supplemental
award) that are obligated on or after the acceptance date of this FY 2022 award.
For more information and resources on the Part 200 Uniform Requirements as they relate to OJP awards and
subawards ("subgrants"), see the OJP website at https://ojp.gov/funding/Part200UniformRequirements.htm.
Record retention and access: Records pertinent to the award that the recipient (and any subrecipient
("subgrantee") at any tier) must retain -- typically for a period of 3 years from the date of submission of the final
expenditure report (SF 425), unless a different retention period applies -- and to which the recipient (and any
subrecipient ("subgrantee") at any tier) must provide access, include performance measurement information, in
addition to the financial records, supporting documents, statistical records, and other pertinent records indicated
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at 2 C.F.R. 200.334.
In the event that an award-related question arises from documents or other materials prepared or distributed by
OJP that may appear to conflict with, or differ in some way from, the provisions of the Part 200 Uniform
Requirements, the recipient is to contact OJP promptly for clarification.
4
Effect of failure to address audit issues
The recipient understands and agrees that the DOJ awarding agency (OJP or OVW, as appropriate) may withhold
award funds, or may impose other related requirements, if (as determined by the DOJ awarding agency) the
recipient does not satisfactorily and promptly address outstanding issues from audits required by the Part 200
Uniform Requirements (or by the terms of this award), or other outstanding issues that arise in connection with
audits, investigations, or reviews of DOJ awards.
5
Requirements of the award; remedies for non-compliance or for materially false statements
The conditions of this award are material requirements of the award. Compliance with any assurances or
certifications submitted by or on behalf of the recipient that relate to conduct during the period of performance
also is a material requirement of this award.
Limited Exceptions. In certain special circumstances, the U.S. Department of Justice ("DOJ") may determine that
it will not enforce, or enforce only in part, one or more requirements otherwise applicable to the award. Any such
exceptions regarding enforcement, including any such exceptions made during the period of performance, are (or
will be during the period of performance) set out through the Office of Justice Programs ("OJP") webpage entitled
"Legal Notices: Special circumstances as to particular award conditions" (ojp.gov/funding/Explore/LegalNotices-
AwardReqts.htm), and incorporated by reference into the award.
By signing and accepting this award on behalf of the recipient, the authorized recipient official accepts all material
requirements of the award, and specifically adopts, as if personally executed by the authorized recipient official,
all assurances or certifications submitted by or on behalf of the recipient that relate to conduct during the period of
performance.
Failure to comply with one or more award requirements -- whether a condition set out in full below, a condition
incorporated by reference below, or an assurance or certification related to conduct during the award period --
may result in OJP taking appropriate action with respect to the recipient and the award. Among other things, the
OJP may withhold award funds, disallow costs, or suspend or terminate the award. DOJ, including OJP, also may
take other legal action as appropriate.
Any materially false, fictitious, or fraudulent statement to the federal government related to this award (or
concealment or omission of a material fact) may be the subject of criminal prosecution (including under 18 U.S.C.
1001 and/or 1621, and/or 34 U.S.C. 10271-10273), and also may lead to imposition of civil penalties and
administrative remedies for false claims or otherwise (including under 31 U.S.C. 3729-3730 and 3801-3812).
Should any provision of a requirement of this award be held to be invalid or unenforceable by its terms, that
provision shall first be applied with a limited construction so as to give it the maximum effect permitted by law.
Should it be held, instead, that the provision is utterly invalid or -unenforceable, such provision shall be deemed
severable from this award.
6
Employment eligibility verification for hiring under the award
1. The recipient (and any subrecipient at any tier) must--
A. Ensure that, as part of the hiring process for any position within the United States that is or will be funded (in
whole or in part) with award funds, the recipient (or any subrecipient) properly verifies the employment eligibility of
the individual who is being hired, consistent with the provisions of 8 U.S.C. 1324a(a)(1).
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B. Notify all persons associated with the recipient (or any subrecipient) who are or will be involved in activities
under this award of both--
(1) this award requirement for verification of employment eligibility, and
(2) the associated provisions in 8 U.S.C. 1324a(a)(1) that, generally speaking, make it unlawful, in the United
States, to hire (or recruit for employment) certain aliens.
C. Provide training (to the extent necessary) to those persons required by this condition to be notified of the
award requirement for employment eligibility verification and of the associated provisions of 8 U.S.C. 1324a(a)(1).
D. As part of the recordkeeping for the award (including pursuant to the Part 200 Uniform Requirements),
maintain records of all employment eligibility verifications pertinent to compliance with this award condition in
accordance with Form I-9 record retention requirements, as well as records of all pertinent notifications and
trainings.
2. Monitoring
The recipient's monitoring responsibilities include monitoring of subrecipient compliance with this condition.
3. Allowable costs
To the extent that such costs are not reimbursed under any other federal program, award funds may be obligated
for the reasonable, necessary, and allocable costs (if any) of actions designed to ensure compliance with this
condition.
4. Rules of construction
A. Staff involved in the hiring process
For purposes of this condition, persons "who are or will be involved in activities under this award" specifically
includes (without limitation) any and all recipient (or any subrecipient) officials or other staff who are or will be
involved in the hiring process with respect to a position that is or will be funded (in whole or in part) with award
funds.
B. Employment eligibility confirmation with E-Verify
For purposes of satisfying the requirement of this condition regarding verification of employment eligibility, the
recipient (or any subrecipient) may choose to participate in, and use, E-Verify (www.e-verify.gov), provided an
appropriate person authorized to act on behalf of the recipient (or subrecipient) uses E-Verify (and follows the
proper E-Verify procedures, including in the event of a "Tentative Nonconfirmation" or a "Final Nonconfirmation")
to confirm employment eligibility for each hiring for a position in the United States that is or will be funded (in
whole or in part) with award funds.
C. "United States" specifically includes the District of Columbia, Puerto Rico, Guam, the Virgin Islands of the
United States, and the Commonwealth of the Northern Mariana Islands.
D. Nothing in this condition shall be understood to authorize or require any recipient, any subrecipient at any tier,
or any person or other entity, to violate any federal law, including any applicable civil rights or nondiscrimination
law.
E. Nothing in this condition, including in paragraph 4.B., shall be understood to relieve any recipient, any
subrecipient at any tier, or any person or other entity, of any obligation otherwise imposed by law, including 8
U.S.C. 1324a(a)(1).
Questions about E-Verify should be directed to DHS. For more information about E-Verify visit the E-Verify
website (https://www.e-verify.gov/) or email E-Verify at E-Verify@dhs.gov. E-Verify employer agents can email E-
Verify at E-VerifyEmployerAgent@dhs.gov.
Questions about the meaning or scope of this condition should be directed to OJP, before award acceptance.
7
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OJP Training Guiding Principles
Any training or training materials that the recipient -- or any subrecipient ("subgrantee") at any tier -- develops or
delivers with OJP award funds must adhere to the OJP Training Guiding Principles for Grantees and
Subgrantees, available at https://www.ojp.gov/funding/implement/training-guiding-principles-grantees-and-
subgrantees.
8
Requirements related to "de minimis" indirect cost rate
A recipient that is eligible under the Part 200 Uniform Requirements and other applicable law to use the "de
minimis" indirect cost rate described in 2 C.F.R. 200.414(f), and that elects to use the "de minimis" indirect cost
rate, must advise OJP in writing of both its eligibility and its election, and must comply with all associated
requirements in the Part 200 Uniform Requirements. The "de minimis" rate may be applied only to modified total
direct costs (MTDC) as defined by the Part 200 Uniform Requirements.
9
Determination of suitability to interact with participating minors
SCOPE. This condition applies to this award if it is indicated -- in the application for the award (as approved by
DOJ)(or in the application for any subaward, at any tier), the DOJ funding announcement (solicitation), or an
associated federal statute -- that a purpose of some or all of the activities to be carried out under the award
(whether by the recipient, or a subrecipient at any tier) is to benefit a set of individuals under 18 years of age.
The recipient, and any subrecipient at any tier, must make determinations of suitability before certain individuals
may interact with participating minors. This requirement applies regardless of an individual's employment status.
The details of this requirement are posted on the OJP web site at https://ojp.gov/funding/Explore/Interact-
Minors.htm (Award condition: Determination of suitability required, in advance, for certain individuals who may
interact with participating minors), and are incorporated by reference here.
10
Compliance with general appropriations-law restrictions on the use of federal funds (FY 2022)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable restrictions on the
use of federal funds set out in federal appropriations statutes. Pertinent restrictions, including from various
"general provisions" in the Consolidated Appropriations Act, 2022, are set out at
https://www.ojp.gov/funding/Explore/FY22AppropriationsRestrictions.htm, and are incorporated by reference here.
Should a question arise as to whether a particular use of federal funds by a recipient (or a subrecipient) would or
might fall within the scope of an appropriations-law restriction, the recipient is to contact OJP for guidance, and
may not proceed without the express prior written approval of OJP.
11
Compliance with DOJ regulations pertaining to civil rights and nondiscrimination - 28 C.F.R. Part 54
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements of 28
C.F.R. Part 54, which relates to nondiscrimination on the basis of sex in certain "education programs."
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12
Potential imposition of additional requirements
The recipient agrees to comply with any additional requirements that may be imposed by the DOJ awarding
agency (OJP or OVW, as appropriate) during the period of performance for this award, if the recipient is
designated as "high-risk" for purposes of the DOJ high-risk grantee list.
13
Required training for Grant Award Administrator and Financial Manager
The Grant Award Administrator and all Financial Managers for this award must have successfully completed an
"OJP financial management and grant administration training" by 120 days after the date of the recipient's
acceptance of the award. Successful completion of such a training on or after October 15, 2020, will satisfy this
condition.
In the event that either the Grant Award Administrator or a Financial Manager for this award changes during the
period of performance, the new Grant Award Administrator or Financial Manager must have successfully
completed an "OJP financial management and grant administration training" by 120 calendar days after the date
the Entity Administrator enters updated Grant Award Administrator or Financial Manager information in
JustGrants. Successful completion of such a training on or after October 15, 2020, will satisfy this condition.
A list of OJP trainings that OJP will consider "OJP financial management and grant administration training" for
purposes of this condition is available at https://www.ojp.gov/training/fmts.htm. All trainings that satisfy this
condition include a session on grant fraud prevention and detection.
The recipient should anticipate that OJP will immediately withhold ("freeze") award funds if the recipient fails to
comply with this condition. The recipient's failure to comply also may lead OJP to impose additional appropriate
conditions on this award.
14
Compliance with 41 U.S.C. 4712 (including prohibitions on reprisal; notice to employees)
The recipient (and any subrecipient at any tier) must comply with, and is subject to, all applicable provisions of 41
U.S.C. 4712, including all applicable provisions that prohibit, under specified circumstances, discrimination
against an employee as reprisal for the employee's disclosure of information related to gross mismanagement of
a federal grant, a gross waste of federal funds, an abuse of authority relating to a federal grant, a substantial and
specific danger to public health or safety, or a violation of law, rule, or regulation related to a federal grant.
The recipient also must inform its employees, in writing (and in the predominant native language of the
workforce), of employee rights and remedies under 41 U.S.C. 4712.
Should a question arise as to the applicability of the provisions of 41 U.S.C. 4712 to this award, the recipient is to
contact the DOJ awarding agency (OJP or OVW, as appropriate) for guidance.
15
Requirement to report actual or imminent breach of personally identifiable information (PII)
The recipient (and any "subrecipient" at any tier) must have written procedures in place to respond in the event of
an actual or imminent "breach" (OMB M-17-12) if it (or a subrecipient) -- (1) creates, collects, uses, processes,
stores, maintains, disseminates, discloses, or disposes of "Personally Identifiable Information (PII)" (2 CFR 200.1)
within the scope of an OJP grant-funded program or activity, or (2) uses or operates a "Federal information
system" (OMB Circular A-130). The recipient's breach procedures must include a requirement to report actual or
imminent breach of PII to an OJP Program Manager no later than 24 hours after an occurrence of an actual
breach, or the detection of an imminent breach.
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Compliance with applicable rules regarding approval, planning, and reporting of conferences, meetings, trainings,
and other events
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable laws, regulations,
policies, and official DOJ guidance (including specific cost limits, prior approval and reporting requirements, where
applicable) governing the use of federal funds for expenses related to conferences (as that term is defined by
DOJ), including the provision of food and/or beverages at such conferences, and costs of attendance at such
conferences.
Information on the pertinent DOJ definition of conferences and the rules applicable to this award appears in the
DOJ Grants Financial Guide (currently, as section 3.10 of "Postaward Requirements" in the "DOJ Grants
Financial Guide").
17
Requirement for data on performance and effectiveness under the award
The recipient must collect and maintain data that measure the performance and effectiveness of work under this
award. The data must be provided to OJP in the manner (including within the timeframes) specified by OJP in the
program solicitation or other applicable written guidance. Data collection supports compliance with the
Government Performance and Results Act (GPRA) and the GPRA Modernization Act of 2010, and other
applicable laws.
18
Requirement to disclose whether recipient is designated "high risk" by a federal grant-making agency outside of
DOJ
If the recipient is designated "high risk" by a federal grant-making agency outside of DOJ, currently or at any time
during the course of the period of performance under this award, the recipient must disclose that fact and certain
related information to OJP by email at OJP.ComplianceReporting@ojp.usdoj.gov. For purposes of this disclosure,
high risk includes any status under which a federal awarding agency provides additional oversight due to the
recipient's past performance, or other programmatic or financial concerns with the recipient. The recipient's
disclosure must include the following: 1. The federal awarding agency that currently designates the recipient high
risk, 2. The date the recipient was designated high risk, 3. The high-risk point of contact at that federal awarding
agency (name, phone number, and email address), and 4. The reasons for the high-risk status, as set out by the
federal awarding agency.
19
Compliance with DOJ Grants Financial Guide
References to the DOJ Grants Financial Guide are to the DOJ Grants Financial Guide as posted on the OJP
website (currently, the "DOJ Grants Financial Guide" available at https://ojp.gov/financialguide/DOJ/index.htm),
including any updated version that may be posted during the period of performance. The recipient agrees to
comply with the DOJ Grants Financial Guide.
20
Encouragement of policies to ban text messaging while driving
Pursuant to Executive Order 13513, "Federal Leadership on Reducing Text Messaging While Driving," 74 Fed.
Reg. 51225 (October 1, 2009), DOJ encourages recipients and subrecipients ("subgrantees") to adopt and
enforce policies banning employees from text messaging while driving any vehicle during the course of
performing work funded by this award, and to establish workplace safety policies and conduct education,
awareness, and other outreach to decrease crashes caused by distracted drivers.
21
Restrictions and certifications regarding non-disclosure agreements and related matters
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No recipient or subrecipient ("subgrantee") under this award, or entity that receives a procurement contract or
subcontract with any funds under this award, may require any employee or contractor to sign an internal
confidentiality agreement or statement that prohibits or otherwise restricts, or purports to prohibit or restrict, the
reporting (in accordance with law) of waste, fraud, or abuse to an investigative or law enforcement representative
of a federal department or agency authorized to receive such information.
The foregoing is not intended, and shall not be understood by the agency making this award, to contravene
requirements applicable to Standard Form 312 (which relates to classified information), Form 4414 (which relates
to sensitive compartmented information), or any other form issued by a federal department or agency governing
the nondisclosure of classified information.
1. In accepting this award, the recipient--
a. represents that it neither requires nor has required internal confidentiality agreements or statements from
employees or contractors that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict)
employees or contractors from reporting waste, fraud, or abuse as described above; and
b. certifies that, if it learns or is notified that it is or has been requiring its employees or contractors to execute
agreements or statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste,
fraud, or abuse as described above, it will immediately stop any further obligations of award funds, will provide
prompt written notification to the federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
2. If the recipient does or is authorized under this award to make subawards ("subgrants"), procurement
contracts, or both--
a. it represents that--
(1) it has determined that no other entity that the recipient's application proposes may or will receive award funds
(whether through a subaward ("subgrant"), procurement contract, or subcontract under a procurement contract)
either requires or has required internal confidentiality agreements or statements from employees or contractors
that currently prohibit or otherwise currently restrict (or purport to prohibit or restrict) employees or contractors
from reporting waste, fraud, or abuse as described above; and
(2) it has made appropriate inquiry, or otherwise has an adequate factual basis, to support this representation;
and
b. it certifies that, if it learns or is notified that any subrecipient, contractor, or subcontractor entity that receives
funds under this award is or has been requiring its employees or contractors to execute agreements or
statements that prohibit or otherwise restrict (or purport to prohibit or restrict), reporting of waste, fraud, or abuse
as described above, it will immediately stop any further obligations of award funds to or by that entity, will provide
prompt written notification to the federal agency making this award, and will resume (or permit resumption of)
such obligations only if expressly authorized to do so by that agency.
22
Reclassification of various statutory provisions to a new Title 34 of the United States Code
On September 1, 2017, various statutory provisions previously codified elsewhere in the U.S. Code were
editorially reclassified (that is, moved and renumbered) to a new Title 34, entitled "Crime Control and Law
Enforcement." The reclassification encompassed a number of statutory provisions pertinent to OJP awards (that
is, OJP grants and cooperative agreements), including many provisions previously codified in Title 42 of the U.S.
Code.
Effective as of September 1, 2017, any reference in this award document to a statutory provision that has been
reclassified to the new Title 34 of the U.S. Code is to be read as a reference to that statutory provision as
reclassified to Title 34. This rule of construction specifically includes references set out in award conditions,
references set out in material incorporated by reference through award conditions, and references set out in other
award requirements.
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Specific post-award approval required to use a noncompetitive approach in any procurement contract that would
exceed $250,000
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements to
obtain specific advance approval to use a noncompetitive approach in any procurement contract that would
exceed the Simplified Acquisition Threshold (currently, $250,000). This condition applies to agreements that -- for
purposes of federal grants administrative requirements -- OJP considers a procurement "contract" (and therefore
does not consider a subaward).
The details of the requirement for advance approval to use a noncompetitive approach in a procurement contract
under an OJP award are posted on the OJP web site at
https://ojp.gov/funding/Explore/NoncompetitiveProcurement.htm (Award condition: Specific post-award approval
required to use a noncompetitive approach in a procurement contract (if contract would exceed $250,000)), and
are incorporated by reference here.
24
Requirements pertaining to prohibited conduct related to trafficking in persons (including reporting requirements
and OJP authority to terminate award)
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements
(including requirements to report allegations) pertaining to prohibited conduct related to the trafficking of persons,
whether on the part of recipients, subrecipients ("subgrantees"), or individuals defined (for purposes of this
condition) as "employees" of the recipient or of any subrecipient.
The details of the recipient's obligations related to prohibited conduct related to trafficking in persons are posted
on the OJP web site at https://ojp.gov/funding/Explore/ProhibitedConduct-Trafficking.htm (Award condition:
Prohibited conduct by recipients and subrecipients related to trafficking in persons (including reporting
requirements and OJP authority to terminate award)), and are incorporated by reference here.
25
Requirement to report potentially duplicative funding
If the recipient currently has other active awards of federal funds, or if the recipient receives any other award of
federal funds during the period of performance for this award, the recipient promptly must determine whether
funds from any of those other federal awards have been, are being, or are to be used (in whole or in part) for one
or more of the identical cost items for which funds are provided under this award. If so, the recipient must
promptly notify the DOJ awarding agency (OJP or OVW, as appropriate) in writing of the potential duplication,
and, if so requested by the DOJ awarding agency, must seek a budget-modification or change-of-project-scope
Grant Award Modification (GAM) to eliminate any inappropriate duplication of funding.
26
Reporting potential fraud, waste, and abuse, and similar misconduct
The recipient, and any subrecipients ("subgrantees") at any tier, must promptly refer to the DOJ Office of the
Inspector General (OIG) any credible evidence that a principal, employee, agent, subrecipient, contractor,
subcontractor, or other person has, in connection with funds under this award-- (1) submitted a claim that violates
the False Claims Act; or (2) committed a criminal or civil violation of laws pertaining to fraud, conflict of interest,
bribery, gratuity, or similar misconduct.
Potential fraud, waste, abuse, or misconduct involving or relating to funds under this award should be reported to
the OIG by--(1) online submission accessible via the OIG webpage at https://oig.justice.gov/hotline/contact-
grants.htm (select "Submit Report Online"); (2) mail directed to: U.S. Department of Justice, Office of the
Inspector General, Investigations Division, ATTN: Grantee Reporting, 950 Pennsylvania Ave., NW, Washington,
DC 20530; and/or (3) by facsimile directed to the DOJ OIG Investigations Division (Attn: Grantee Reporting) at
(202) 616-9881 (fax).
Additional information is available from the DOJ OIG website at https://oig.justice.gov/hotline.
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27
All subawards ("subgrants") must have specific federal authorization
The recipient, and any subrecipient ("subgrantee") at any tier, must comply with all applicable requirements for
authorization of any subaward. This condition applies to agreements that -- for purposes of federal grants
administrative requirements -- OJP considers a "subaward" (and therefore does not consider a procurement
"contract").
The details of the requirement for authorization of any subaward are posted on the OJP web site at
https://ojp.gov/funding/Explore/SubawardAuthorization.htm (Award condition: All subawards ("subgrants") must
have specific federal authorization), and are incorporated by reference here.
28
Requirements related to System for Award Management and Universal Identifier Requirements
The recipient must comply with applicable requirements regarding the System for Award Management (SAM),
currently accessible at https://www.sam.gov/. This includes applicable requirements regarding registration with
SAM, as well as maintaining the currency of information in SAM.
The recipient also must comply with applicable restrictions on subawards ("subgrants") to first-tier subrecipients
(first-tier "subgrantees"), including restrictions on subawards to entities that do not acquire and provide (to the
recipient) the unique entity identifier required for SAM registration.
The details of the recipient's obligations related to SAM and to unique entity identifiers are posted on the OJP web
site at https://ojp.gov/funding/Explore/SAM.htm (Award condition: System for Award Management (SAM) and
Universal Identifier Requirements), and are incorporated by reference here.
This condition does not apply to an award to an individual who received the award as a natural person (i.e.,
unrelated to any business or non-profit organization that he or she may own or operate in his or her name).
29
Restrictions on "lobbying"
In general, as a matter of federal law, federal funds awarded by OJP may not be used by the recipient, or any
subrecipient ("subgrantee") at any tier, either directly or indirectly, to support or oppose the enactment, repeal,
modification, or adoption of any law, regulation, or policy, at any level of government. See 18 U.S.C. 1913. (There
may be exceptions if an applicable federal statute specifically authorizes certain activities that otherwise would be
barred by law.)
Another federal law generally prohibits federal funds awarded by OJP from being used by the recipient, or any
subrecipient at any tier, to pay any person to influence (or attempt to influence) a federal agency, a Member of
Congress, or Congress (or an official or employee of any of them) with respect to the awarding of a federal grant
or cooperative agreement, subgrant, contract, subcontract, or loan, or with respect to actions such as renewing,
extending, or modifying any such award. See 31 U.S.C. 1352. Certain exceptions to this law apply, including an
exception that applies to Indian tribes and tribal organizations.
Should any question arise as to whether a particular use of federal funds by a recipient (or subrecipient) would or
might fall within the scope of these prohibitions, the recipient is to contact OJP for guidance, and may not proceed
without the express prior written approval of OJP.
30
The recipient agrees to submit a final report at the end of this award documenting all relevant project activities
during the entire period of support under this award. This report will include detailed information about the
project(s) funded, including, but not limited to, information about how the funds were actually used for each
purpose area, data to support statements of progress, and data concerning individual results and outcomes of
funded projects reflecting project successes and impacts. The final report is due no later than 120 days following
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the close of this award period or the expiration of any extension periods. This report will be submitted to the Office
of Justice Programs, on-line through the Internet at https://justgrants.usdoj.gov/
31
Justification of consultant rate
Approval of this award does not indicate approval of any consultant rate in excess of $650 per day. A detailed
justification must be submitted to and approved by the OJP program office prior to obligation or expenditure of
such funds.
32
Cooperating with OJP Monitoring
The recipient agrees to cooperate with OJP monitoring of this award pursuant to OJP's guidelines, protocols, and
procedures, and to cooperate with OJP (including the grant manager for this award and the Office of Chief
Financial Officer (OCFO)) requests related to such monitoring, including requests related to desk reviews and/or
site visits. The recipient agrees to provide to OJP all documentation necessary for OJP to complete its monitoring
tasks, including documentation related to any subawards made under this award. Further, the recipient agrees to
abide by reasonable deadlines set by OJP for providing the requested documents. Failure to cooperate with
OJP's monitoring activities may result in actions that affect the recipient's DOJ awards, including, but not limited
to: withholdings and/or other restrictions on the recipient's access to award funds; referral to the DOJ OIG for
audit review; designation of the recipient as a DOJ High Risk grantee; or termination of an award(s).
33
Limit on use of grant funds for grantees' employees' salaries
With respect to this award, federal funds may not be used to pay cash compensation (salary plus bonuses) to any
employee of the award recipient at a rate that exceeds 110% of the maximum annual salary payable to a member
of the federal government's Senior Executive Service (SES) at an agency with a Certified SES Performance
Appraisal System for that year. (An award recipient may compensate an employee at a higher rate, provided the
amount in excess of this compensation limitation is paid with non-federal funds.)
This limitation on compensation rates allowable under this award may be waived on an individual basis at the
discretion of the OJP official indicated in the program announcement under which this award is made.
34
FFATA reporting: Subawards and executive compensation
The recipient must comply with applicable requirements to report first-tier subawards ("subgrants") of $30,000 or
more and, in certain circumstances, to report the names and total compensation of the five most highly
compensated executives of the recipient and first-tier subrecipients (first-tier "subgrantees") of award funds. The
details of recipient obligations, which derive from the Federal Funding Accountability and Transparency Act of
2006 (FFATA), are posted on the OJP web site at https://ojp.gov/funding/Explore/FFATA.htm (Award condition:
Reporting Subawards and Executive Compensation), and are incorporated by reference here.
This condition, including its reporting requirement, does not apply to-- (1) an award of less than $30,000, or (2) an
award made to an individual who received the award as a natural person (i.e., unrelated to any business or non-
profit organization that he or she may own or operate in his or her name).
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35
The Project Director and/or any other key program personnel designated in the application shall be replaced only
for compelling reasons. Successors to key personnel must be approved by OJP, and such approval is contingent
upon submission of appropriate information, including, but not limited to, a resume. Changes in program
personnel, other than key personnel, require only notification to OJP and submission of resumes, unless
otherwise designated in the award document.
36
Statement of Federal Involvement:
Due to the substantial Federal involvement contemplated in completion of this project, the Office of Juvenile
Justice and Delinquency Prevention (OJJDP) has elected to enter into a cooperative agreement rather than a
grant. This decision is based on OJP and OJJDP's ongoing responsibility to assist and coordinate projects that
relate to the funded activities. OJP and OJJDP will provide input and re-direction to the project, as needed, in
consultation with the recipient, and will actively monitor the project by methods including, but not limited to,
ongoing contact with the recipient. In meeting programmatic responsibilities, OJP, OJJDP, and the recipient will be
guided by the following principles: responsibility for the day-to-day operations of this project rests with the
recipient in implementation of the recipient's approved proposal, the recipient's approved budget, and the terms
and conditions specified in this award. Responsibility for general oversight and redirection of the project, if
necessary, rests with OJJDP. In addition to its programmatic reporting requirements, the recipient agrees to
provide necessary information as requested by OJP and OJJDP. Information requests may include, but are not
limited to, specific submissions related to: performance, including measurement of project outputs/outcomes;
meeting performance specifications; developmental decision points; changes in project scope or personnel;
budget modifications; and/or coordination of related projects.
37
Within 45 calendar days after the end of any conference, meeting, retreat, seminar, symposium, training activity,
or similar event funded under this award, and the total cost of which exceeds $20,000 in award funds, the
recipient must provide the program manager with the following information and itemized costs:
1) name of event;
2) event dates;
3) location of event;
4) number of federal attendees;
5) number of non-federal attendees;
6) costs of event space, including rooms for break-out sessions;
7) costs of audio visual services;
8) other equipment costs (e.g., computer fees, telephone fees);
9) costs of printing and distribution;
10) costs of meals provided during the event;
11) costs of refreshments provided during the event;
12) costs of event planner;
13) costs of event facilitators; and
14) any other costs associated with the event.
The recipient must also itemize and report any of the following attendee (including participants, presenters,
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speakers) costs that are paid or reimbursed with cooperative agreement funds:
1) meals and incidental expenses (M&IE portion of per diem);
2) lodging;
3) transportation to/from event location (e.g., common carrier, Privately Owned Vehicle (POV)); and,
4) local transportation (e.g., rental car, POV) at event location.
Note that if any item is paid for with registration fees, or any other non-award funding, then that portion of the
expense does not need to be reported.
Further instructions regarding the submission of this data, and how to determine costs, are available in the DOJ
Financial Guide Conference Cost Chapter.
38
Confidential Funds
Prior to the expenditure of confidential funds, the recipient and any subrecipients agree to sign a certification that
the recipient (or the subrecipient, as applicable) has read, understands, and agrees to abide by all of the
conditions pertaining to confidential fund expenditures set forth in the DOJ Grants Financial Guide.
39
Copyright; Data rights
The recipient acknowledges that OJP reserves a royalty-free, non-exclusive, and irrevocable license to
reproduce, publish, or otherwise use, and authorize others to use (in whole or in part, including in connection with
derivative works), for Federal purposes: (1) any work subject to copyright developed under an award or subaward
(at any tier); and (2) any rights of copyright to which a recipient or subrecipient (at any tier) purchases ownership
with Federal support.
The recipient acknowledges that OJP has the right to (1) obtain, reproduce, publish, or otherwise use the data
first produced under any such award or subaward; and (2) authorize others to receive, reproduce, publish, or
otherwise use such data for Federal purposes. "Data" includes data as defined in Federal Acquisition Regulation
(FAR) provision 52.227-14 (Rights in Data - General).
It is the responsibility of the recipient (and of each subrecipient (at any tier), if applicable) to ensure that the
provisions of this condition are included in any subaward (at any tier) under this award.
The recipient has the responsibility to obtain from subrecipients, contractors, and subcontractors (if any) all rights
and data necessary to fulfill the recipient's obligations to the Government under this award. If a proposed
subrecipient, contractor, or subcontractor refuses to accept terms affording the Government such rights, the
recipient shall promptly bring such refusal to the attention of the OJP program manager for the award and not
proceed with the agreement in question without further authorization from the OJP program office.
40
OJJDP - Web Site Notice of Federal Funding and Disclaimer
Any Web site that is funded in whole or in part under this award must include the following statement on the home
page, on all major entry pages (i.e., pages (exclusive of documents) whose primary purpose is to navigate the
user to interior content), and on any pages from which a visitor may access or use a Web-based service,
including any pages that provide results or outputs from the service:
"This Web site is funded in whole or in part through a grant from the Office of Juvenile Justice and Delinquency
Prevention, Office of Justice Programs, U.S. Department of Justice. Neither the U.S. Department of Justice nor
any of its components operate, control, are responsible for, or necessarily endorse, this Web site (including,
without limitation, its content, technical infrastructure, and policies, and any services or tools provided)."
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The full text of the foregoing statement must be clearly visible on the home page. On other pages, the statement
may be included through a link, entitled "Notice of Federal Funding and Federal Disclaimer," to the full text of the
statement.
41
ICAC Task Force Standards. The recipient agrees to comply with the OJJDP approved ICAC Task Force
Operational and Investigative Standards
42
ICAC Task Force Representation. The recipient agrees to designate one individual from its task force to attend
the ICAC Task Force commander meetings during the 12-month project period.
43
ICAC Annual Reports
The recipient agrees to submit annual reports to OJP that set forth the following:
(A) The number of law enforcement agencies participating in Internet crimes against children program standards
established by the task force. (B) Staffing levels of the task force, including the number of investigators,
prosecutors, education specialists, and forensic specialists dedicated to investigating and prosecuting Internet
crimes against children.
44
The recipient agrees to forward reports of ICAC Task Force Program Monthly Performance Measures to the
OJJDP-designated site.
45
Conditional Clearance
The recipient may not obligate, expend or draw down funds until the Office of the Chief Financial Officer (OCFO)
has approved the budget and budget narrative and an Award Condition Modification (ACM) has been issued to
remove this award condition.
46
Recipient integrity and performance matters: Requirement to report information on certain civil, criminal, and
administrative proceedings to SAM and FAPIIS
The recipient must comply with any and all applicable requirements regarding reporting of information on civil,
criminal, and administrative proceedings connected with (or connected to the performance of) either this OJP
award or any other grant, cooperative agreement, or procurement contract from the federal government. Under
certain circumstances, recipients of OJP awards are required to report information about such proceedings,
through the federal System for Award Management (known as "SAM"), to the designated federal integrity and
performance system (currently, "FAPIIS").
The details of recipient obligations regarding the required reporting (and updating) of information on certain civil,
criminal, and administrative proceedings to the federal designated integrity and performance system (currently,
"FAPIIS") within SAM are posted on the OJP web site at https://ojp.gov/funding/FAPIIS.htm (Award condition:
Recipient Integrity and Performance Matters, including Recipient Reporting to FAPIIS), and are incorporated by
reference here.
47
All electronic and information technology materials developed or maintained under this award must be compliant
with Section 508 of the Rehabilitation Act of 1973. Please refer to www.section508.gov for more detail.
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48
OJJDP- OJJDP-Funded Webinars
The award recipient must comply with OJJDP's Webinar Guidelines, as described in the OJJDPTraining and
Technical Assistance (TTA) Standards at
https://www.ojjdp.gov/programs/Core_Performance_Standards_updated%20May%202012_508c.pdf. At a
minimum, OJJDP training and technical assistance providers shall submit to the OJJDP NTTAC information (i.e.
title, description of the webinar, intended audience, panelists, etc.) 30 days in advance of all webinar events for
the OJJDP NTTAC online calendar, use the approved OJJDP presentation template, and record events and send
a copy of the files to OJJDP.
I have read and understand the information presented in this section of the Federal Award Instrument.
Award Acceptance
Declaration and Certification to the U.S. Department of Justice as to Acceptance
By checking the declaration and certification box below, I--
A.Declare to the U.S. Department of Justice (DOJ), under penalty of perjury, that I have authority
to make this declaration and certification on behalf of the applicant.
B.Certify to DOJ, under penalty of perjury, on behalf of myself and the applicant, to the best of my
knowledge and belief, that the following are true as of the date of this award acceptance: (1) I have
available to me) a diligent review of all terms and conditions of, and all supporting materials
submitted in connection with, this award, including any assurances and certifications (including
anything submitted in connection therewith by a person on behalf of the applicant before, after, or at
the time of the application submission and any materials that accompany this acceptance and
certification); and (2) I have the legal authority to accept this award on behalf of the applicant.
C.Accept this award on behalf of the applicant.
D.Declare the following to DOJ, under penalty of perjury, on behalf of myself and the applicant: (1)
I understand that, in taking (or not taking) any action pursuant to this declaration and certification,
DOJ will rely upon this declaration and certification as a material representation; and (2) I understand
that any materially false, fictitious, or fraudulent information or statement in this declaration and
certification (or concealment or omission of a material fact as to either) may be the subject of criminal
prosecution (including under 18 U.S.C. §§ 1001 and/or 1621, and/or 34 U.S.C. §§ 10271-10273),
and also may subject me and the applicant to civil penalties and administrative remedies under the
federal False Claims Act (including under 31 U.S.C. §§ 3729-3730 and/or §§ 3801-3812) or
otherwise.
Agency Approval
Title of Approving OfficialName of Approving OfficialSigned Date And Time
Deputy Assistant AttorneyMaureen Henneberg11/1/22 1:19 PM
General
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Authorized Representative
Declaration and Certification
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Memorandum of Understanding
OAG Contract No. _____________
This Memorandum of Understanding (MOU) is executed between the Parties identified below,
for certain Internet Crimes Against Children Task Force activities. The Parties may be
referred to in this contract individuall
Section 1 Parties
________________________________________________________________
The Office of the Attorney General of Texas )
Section 2 Mission of the OAG
The ICAC Task Force Program, created by the United States Department of Justice, Office of
Justice Programs, Office of Juvenile Justice and Delinquency Prevention, (OJJDP), is a
national network of state and local law enforcement cybercrime units tasked with combating
technology-facilitated child exploitation. These task forces work collaboratively as a national
network of law enforcement and prosecutorial agencies that prevent, interdict, investigate and
prosecute ICAC activities. The ICAC program requires existing task forces to develop multi-
jurisdictional, multi-agency responses to such offenses by providing funding and other support to
state and local law enforcement agencies as a means to help them acquire the necessary
knowledge, personnel, and equipment. This help encompasses investigative and forensic
components, training and technical assistance, victim services, and community education.
The OAG is designated by the OJJDP as the Regi
Task Force.AC grant. The OAG utilizes the ICAC
grant funds to administer and operate an ICAC ICAC
Task Force is to: (1) properly investigate and prosecute those who sexually exploit children
through the use of the Internet and/or computers; (2) provide training and equipment to those
involved in investigating and prosecuting Internet crimes against children, and (3) provide
community education regarding the prevention of Internet crimes against children.
Section 3 Term of MOU
This MOU shall be effective on __________________________ and will continue in effect until
__________________________.
Section 4 Purpose of the MOU
The purpose of this MOU is to formalize the working relationship between the OAG and the
Department. This MOU delineates the responsibilities and expectations of the Parties. By
signing this MOU, the Department agrees to join the OAG ICAC Task Force for the primary
ICAC MOU
Page 1 of 4
purpose of vigorously and properly performing ICAC investigations. By joining the OAG ICAC
Task Force, the Department will benefit from joint operations and extensive training
opportunities.
By entering into this MOU, the OAG will benefit from the investigative support by the
Department.
This MOU cancels and replaces any prior existing ICAC Task Force MOU between the Parties.
Section 5 Investigations
All ICAC investigations will be conducted only by sworn law enforcement investigators and in a
spirit of cooperation with other OAG ICAC Task Force members. Investigations will follow
guidelines established by each Plines. However, ICAC
investigations shall also be governed by th
Investigative Standards. Violation of the ICAC operational standards is cause for termination of
this MOU. This MOU is not intended to infringe on the ongoing investigations of any other
agency. It is agreed that unilateral acts on the part of employees involved in ICAC Task Force
investigations are not in the best interest of the Task Force.
Section 6 DepartmentÓs Duties and Responsibilities
The Department will ensure the following activities:
A. Only sworn Department law enforcement personnel will conduct undercover ICAC
investigations. Each investigator involved with undercover operations must receive
ICAC training prior to initiating proactive investigations and shall submit reports of all
undercover activity to the OAG.
B. Conduct reactive investigations where subjects are associated with the Department
jurisdiction, including investigations of child pornography, CYBERTIP referrals from the
National Center for Missing and Exploited Children, Internet Service Provider and law
enforcement referrals, and other ICAC-related investigations. Additional case initiations
may develop from subject interviews, documented public sources, direct observations of
suspicious behavior, public complaints, or other appropriate sources.
C. Record and document all undercover online activity. Any deviations from this policy due
to unusual circumstances shall be documented in the relevant case file and reviewed by
the ICAC Task Force Program Manager.
D. Provide agents assigned to the ICAC Task Force access to all ICAC investigative files
including, without limitation, computer records, in order to ensure compliance with all
national ICAC standards.
E. Locate its ICAC investigators in secured space provided by the Department with
controlled access to all equipment, software, and investigative files. At a minimum,
ICAC MOU
Page 2 of 4
information should be maintained in locked cabinets and under control of the Department
ICAC Task Force personnel, with restricted access to authorized personnel only.
F. Conduct education and prevention programs to foster awareness and provide practical,
relevant guidance to children, parents, educators, librarians, the business and law
enforcement communities, and other individuals concerned about Internet child safety
issues. Presenters shall not discuss ongoing investigative techniques and undercover
operations utilized by the ICAC Task Force.
Section 7 Supervision; Compliance with Regulatory and Licensing Bodies
The Department will be responsible for the day-to-day operational supervision, administrative
control, and personal and professional conduct of its officers and agents assigned to the Task
Force. ICAC investigations are a cooperative effort and investigative decisions will be a joint
process guided by ICAC standards.
The Department agrees that it has obtained all licenses, certifications, permits and authorizations
necessary to perform the responsibilities of this MOU. The Department agrees to comply with all
applicable licenses, legal certifications, inspections, and any other applicable local ordinance,
state, or federal laws.
Section 8 No Employment Relationship with the OAG; Liability
The Department expressly agrees that there is no employment relationship between the
Department and the OAG. Under no circumstances shall any owners, incorporators, officers,
directors, employees, or volunteers of the Department be considered an employee, agent, servant,
or partner of, or part of any joint venture or joint enterprise with, the OAG.
To the extent allowed by law, the Department is responsible for all types of claims whatsoever
due to their own actions or performance under this MOU, including, but not limited to, the use of
automobiles (or other transportation), taken by its owners, incorporators, officers, directors,
employees, volunteers or any third parties.
Section 9 Reporting Statistics
Using the reporting form provided by the OAG, the Department shall submit monthly statistics
to the OAG on all ICAC investigations or other investigative work pertaining to the sexual
exploitation of children via the Internet. These statistics shall be submitted in the appropriate
format by the tenth (10th) calendar day of each month, and shall include data on all related
investigations opened or closed during the month, as well as forensic examinations,
technical/investigative assistance provided to other agencies, subpoenas and court orders issued,
training hours attended and taught, and community outreach provided.
In addition, the Department shall provide detail reporting on the basic case data for each sexual
exploitation of a minor (child pornography) case, and/or criminal solicitation of a minor
(enticement/traveler) case investigated by the Department. The OAG will then be responsible for
all required reporting to OJJDP.
ICAC MOU
Page 3 of 4
Section 10 Training
The Department shall make investigators designated as ICAC Task Force members available for
applicable specialized training provided through the national ICAC program and other
appropriate training programs. The Department will support the on-going training needs of its
investigators to maintain their competency and currency.
Section 11 Confidentiality
It is understood that any confidential information pertaining to ICAC investigations will be held
in the strictest confidence, and will only be shared with participating OAG ICAC Task Force
members or other law enforcement agencies where necessary or as otherwise permitted by
federal and/or state law.
Section 12 Termination of MOU
Either Party, at its sole discretion, may terminate this MOU for convenience upon written notice
to the other Party at least thirty (30) calendar days in advance of the effective date of such
termination. The OAG may terminate this MOU for cause for the following reasons that include,
but are not limited to, failure of Department to accept and/or investigate cyber tips, failure of
Department to report statistics to the OAG, failure of Department to adhere to national ICAC
Department to exercise
reasonable efforts to support the on-going training needs of its investigators to maintain their
competency and currency.
Section 13 Signatures
The Parties stipulate and agree that the signatories hereto are signing, executing and performing
this MOU only in their official capacity.
Office of the Attorney General
_______________________________ ______________________________
Attorney General or designee
Authorized Official
Chief Mike Markle
ICAC MOU
Page 4 of 4
To: Brent Dupre, Director of Law Enforcement
Jason Anderson, Division Chief, Criminal Investigations Division
Rustin Haby, Major, CEU, Criminal Investigations Division
From: Cody Smirl, Captain / ICAC Commander, Criminal Investigations Division
Date: July 15, 2021
Subject: ICAC Affiliate Requests
In an effort to maintain the affiliate base of the Southern Texas Internet Crimes Against Children
(ICAC) Task Force administered by the Office of the Texas Attorney General (OAG), I am
requesting approval for agreements in the form of Memorandums of Understanding (MOU)
between the Texas OAG and 60 separate municipal, county, and federal agencies. Many of the
agencies are existing members of the task force with current agreements set to expire soon. As
ICAC affiliates, the agencies will have access to additional resources and training, which will
enhance their proactive and reactive investigative efforts. I am confident each agency, whether an
existing or new member, will be an asset to the Texas OAG and the ICAC mission.
For the purpose of the requested agreements, I have provided an attachment with each agencyÓs
name, point of contact (if applicable) and authorized official. The term dates for the MOUÓs will
be October 1, 2021 to September 30, 2024
X
__________ APPROVED __________ DISAPPROVED
7/15/2021 | 10:22 AM CDT
_________________________________________ _____________
Rustin Haby, Major, CEU, Criminal Investigations Division Date
X
__________ APPROVED __________ DISAPPROVED
7/15/2021 | 10:33 AM CDT
________________________________________ _____________
Jason Anderson, Chief, Criminal Investigations Division Date
X
__________ APPROVED __________ DISAPPROVED
7/15/2021 | 11:43 AM CDT
________________________________________ _____________
Brent Dupre, Director of Law Enforcement Date
Attachment: 2021 ICAC MOU Contacts
Certificate Of Completion
Envelope Id: 20AEA35860BD423391061E112B54AAADStatus: Completed
Subject: Complete with DocuSign: FY 2024 ICAC Sub-Award Grant Contract
Template ID:
Template ID Usage Tracking:
Division Designed Templates:
Template ID Usage Tracking - List 2:
Division Designed Templates - List 2:
Source Envelope:
Document Pages: 75Signatures: 2Envelope Originator:
Certificate Pages: 7Initials: 0Lauren Sellers
AutoNav: EnabledPO Box 12548
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AGENDA MEMORANDUM
Public Hearing & Ordinance for the Planning Commission Meeting 1/24/2024
st
1/Public Hearing & Ordinance for the City Council Meeting 2/27/2024
DATE: February 27, 2024
TO: Peter Zanoni, City Manager
FROM: Al Raymond, AIA, Director
Development Services Department
AlRaymond@cctexas.com
(361) 826-3575
Text amendments to the Unified Development Code (UDC) to conform to bills
th
passed by the 88 Texas Legislature for platting regulations regarding land
subdivision applications and public notifications.
CAPTION:
Ordinance of the City of Corpus Christi, Texas adopting text amendments to the Unified
th
Development Code (UDC) to conform to bills passed by the 88 Texas Legislature to adjust
requirements for platting regulations regarding land subdivision applications and public
notifications.
SUMMARY:
th
As part of the 88 Texas Legislature, bills were passed into laws that became effective on
September 1, 2023. Such new laws are related to municipalities establishing platting regulations
regarding land subdivision applications and public notifications due to changes to the Texas Local
Government Code, the following amendments to the UDC are recommended.
BACKGROUND:
Senate Bill 929: Amendment to Chapter 211 of the Texas Local Government Code relating to the
notice and compensation by municipality required before revoking right to use property for a use
that was allowed before the adoption of or change to a zoning regulation or boundary. Additionally,
if a municipality imposes a requirement to stop a non-conforming use that includes the action by
governing body, board or commission, or official, or determines that the non-conforming use has
an adverse effect, the owner is entitled to compensation based on market value, or continued
nonconforming use of the property until the owner recovers the amount determined through
business activities.
Proposed amendment to UDC Section 3.7.3: Will establish the conditions of mailed public notices
including public notifications in the case of the creation of a nonconforming use via either a
rezoning or change to the UDC to property owners and tenants.
House Bill 3699: Amendment to Chapter 212 of the Texas Local Government Code relating to the
establishment of requirements by a municipality for the application for land subdivision (platting)
and the criteria for determining completeness of a land subdivision application.Additionally, each
municipality shall adopt and make available to the public a complete, written list of all
documentation and other information that the municipality requires to be submitted with a plat
th
application. Municipality shall continuously maintain the list on the Internet not later than the 30
day after the date the municipality adopts or amends the list.
Proposed amendment to UDC Section 3.1.6: Will establish the requirements for submittal of land
subdivision applications (platting). Additionally, this subsection will incorporate into the UDC a
formalized list of application requirements to determine the completeness of a land subdivision
(platting) application.
ANALYSIS AND FINDINGS:
Per §3.2.3 of the UDC, in determining whether to approve, approve with modifications, or deny a
proposed Unified Development Code text amendment, the applicable review bodies shall
consider the following criteria:
1. The amendment promotes the purpose of this Unified Development Code as established
in Section 1.2.
goal to improve and protect public health, safety and welfare.
2. The amendment is consistent with the Comprehensive Plan.
3. The amendments are consistent with other codes and ordinances adopted by the City and
are otherwise internally consistent with other provisions of this Unified Development Code,
or that any provisions with which the amendments are or may be inconsistent also are
proposed to be modified. The effects of all such modifications shall meet the above criteria,
promote the public health, safety, and welfare, and be consistent with any applicable federal
and state requirements.
4. The fiscal impact on the City and the effect on taxpayers and ratepayers of the proposed
amendment.
The proposed text amendments do not conflict with existing language in the UDC nor the
Municipal Code. Additionally, the adoption of new state statues is directly linked to the third
condition of the review criteria listed above.
ALTERNATIVES:
Denial of an Ordinance of the City of Corpus Christi, Texas adopting text amendments to the
Unified Development Code (UDC).
FISCAL IMPACT:
There are no fiscal impacts associated with this item.
RECOMMENDATION:
Planning Commission and Staff recommend Approval of the text amendments to the UDC.
LIST OF SUPPORTING DOCUMENTS:
Draft Ordinance
Presentation
Ordinance amendingthe Unified Development Code(UDC)§3.1.6 to adopt
required application materials for plat applications and designating the
Development Service Director to oversee the platting process and §3.1.7 to
require notification to owners of nonconforming uses created by rezoning;
and providing for publication
WHEREAS, the Planning Commission has forwarded to the City Council its final report
and recommendation regarding this amendment of the City's Unified Development Code (" UDC");
WHEREAS, a public hearing was held during a meeting of the Planning Commission when
said Commission recommended approval of the proposed UDC amendments, and with proper
notice to the public, an additional public hearing was conducted during a meeting of the City
Council, during which all interested persons were allowed to appear and be heard;
WHEREAS, amendments are to comply with the latest statutes passed by the State
Legislature; and
WHEREAS, the City Council has determined that this amendment to the UDC would best
serve the public's health, necessity, convenience, and the general welfare of the City and its
citizens.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS,
THAT:
SECTION 1. The recitals contained in the preamble of this Ordinance are determined to true and
correct and are hereby adopted as a part of this Ordinance.
SECTION 2. UDC Article 3 Development Review Procedures3.1.6 Application
Requirements is amended by adding table 3.1.6.B.2.A and by adding the following language
that is underlined (added) and deleting the language that is stricken (deleted) as delineated
below:
3.1.6. Application Requirements
3.1.6.B Forms
1. Development applications required under this Unified Development Code shall be
submitted on forms and in such numbers as required by the Director Assistant City
Manager of Development Services and in compliance with Local Government Code
21 2.0081.
2. This subsection shall establish the required list of documents to determine land
subdivision application completeness per plat type.
A.
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Items submitted with Plat Type (Using the submittal portal, the &
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following items are required for a complete Plat Type submittal)
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I. APPLICATION- https://dsforms.cctexas.com/ Form 4010 or
Form 4010A
x x x x x
a) A completed and signed application form must be submitted.
Plats, Storm Water Quality Management Plans and Utility Plans
shall be submitted in pdf format. See plat template for scale. x x x x x
b) For OCL plats, in addition to a) above, provide hard copies of
Plat, Utility Plan, Storm Water Quality Management Plan delivered
to Development Services for Nueces County Public Works review
along with submittal through portal. Plats are to be one original
reproducible 18" x 24", scale 1":100' minimum, complete with all
required certificates, volume and page information. x x x x x
c) Pre-application meeting is required prior to submission of OCL
plat. If owner plans or has petitioned for annexation, the plat will be
reviewed based on city street standards. x x x x
II. OWNER AUTHORIZATION x x x x x
a) All items on the application must be filled out and application
signed by owners. (See Authorization on Application). A letter or
form acceptable for owner's signature is required for corporations
and partnerships. x x x x x
b) Provide owner name, acreage, legal description, and tax
account number. x x x x x
c) All ownership of the property must be listed on the application x x x x x
and matching Deed.
x x x x x
III. DEED- Provide the latest recorded Deed(s) to the property.
x x x x x
.
x x x x x
description.
x x x x x
IV. ADDITIONAL ITEMS
a) Tax Certificate(s) showing all taxes are paid up to the current tax
x x x
year for all jurisdictions.
x x x x
b) Peak Hour Traffic Form
c) 100% Public/private improvement plans and specifications
submitted through Development Services Portal noting Infor
Number (if public or private improvements are deemed necessary).
x
For OCL, hard copy of private/public improvement plans delivered
to Development Services for Nueces County Public Works review
along with submittal through portal. 18 x 24 inches ANSID size.
d) For OCL plats, certificate of title or title insurance on the
x
subdivision must be furnished showing ownership or property and
all liens against sale.
e) Letter from water utility provider affirming ability to provide
x x x x
service (if other than Corpus Christi Water).
f) Utility Plan showing street addresses or assigning street
x x
addresses.
g) Copy of plat to be vacated or plat with lots to be vacated (For
x
Vacating Plats only)
V. PLAT- Submittals shall conform to the prescribed Plat
templates and Signature Blocks and shall adhere to "File
Standards and Naming Conventions" (See Development
x x x x x
Services website). Plat shall be drawn to scale that is legible
when printed on sheets measuring 18 x 24 inches. (See I b) for
OCL Plats.) Plats shall identify/depict the following items:
Page 2 of 8
a) Outline of boundary denoted by bold line with principle
dimensions with proposed subdivision name, acreage, north point,
scale (see templates), date and direction of prevailing breeze.
Boundary survey with bearings and distances; point of beginning
labeled on plat and described in field notes. Field notes tie to x x x x x
corner of original survey; survey tie across adjacent streets to
determine right-of-way width. Monumentation. Benchmark
description and elevation. Location map with scale not more than
800 feet to the inch with street names.
b) Proposed boundary of Phased subdivision, showing Zoning and
proposed Zoning boundaries with streets, parks, open space, etc.,
with principle dimensions with a Legend providing description for
the development for each Phase with the approximate time frame to x
be completed. Show general location of proposed land uses and
provide a table showing proposed land uses and corresponding
acreage.
c) Location, width, description, and names of existing or recorded
x x x x x
streets, right-of-way lines, easements, water courses, or drainage
structures with principle dimensions within 200 ft. of plat boundary.
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following items are required for a complete Plat Type submittal)
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d) Proposed plan of subdivision, showing streets with names, right-
of-way lines, blocks, lots, alleys, easements, building lines, and
water courses with principle dimensions. Lots and Blocks to be
x x x
numbered. Show acreage/square footage of individual lots. Show
dimensions of front lot line. Angular dimensions shown by bearing.
Lot sizes to comply with City or County regulations.
e) Location and size of existing and proposed infrastructure in
x
adherence with the latest applicable Master Plans
f) Proposed general plan of storm water drainage indicating
x
location, direction of flow, and receiving waters.
x x x x x
g) Location of FEMA Floodway Boundaries and FEMA Flood Zone
Boundaries that encroach on the site (using current classifications).
h) Contours at 5-foot intervals or less in identified FEMA Flood
x x x x
Zones.
x x x x x
i) Any Air Installation Compatible Use Zones (AICUZ).
x x x
j) Future Park dedication, greenbelts, or other open spaces.
k) Any existing or previous sanitary landfill, shooting range, or other
x x x x x
environmentally sensitive areas.
l) Location of body of water including an intermittent or perennial
x x x x x
stream.
m) Any area identified as providing Endangered/Protected Species
x x x x x
Habitat.
n) Preliminary description of any area of the site that may be
x x
jurisdictional wetland. Contact US Army Corps of Engineers District
Regulatory Office for assistance.
x x x
o) Limits of any current jurisdictional wetland.
p) Preliminary determination of the location of any critical Dune
x x
Areas.
Page 3 of 8
q) Preliminary boundary line of any submerged lands belonging to
xx
the State of Texas.
r) Boundary line of any submerged lands belonging to the State of
Texas that adjoins the tract, based on a State-owned determination
x x x
of the boundary between the State-owned lands and privately-
owned property.
x x x
s) Location of any Critical Dune Areas as determined by the Land
Commissioner under Texas Natural Resources Code 63.121.
x x
t) All contiguous land under the same ownership.
x
x x x x
u) Receiving Waters with a plat note.
v) Name of property owner and engineer or surveyor, and proof of
x x x x x
current registration.
w) Typical cross section of proposed streets and/or Mobility Plan
facilities consistent with latest UDC and Infrastructure Design
x x
Manual (On Preliminary Plat and Final if not provided on a previous
Preliminary plat).
x) All appropriate standard plat notes (See "Most Common
Technical Review Committee Comments" on Development Services
website). For OCL preliminary and final plats, plat note for existing
and proposed covenants, and plat note stating building setback will
be in accordance with the Nueces County Subdivision Regulations
and Platting Requirements. x x x x x
y) Certification bearing the name, signature, seal, and date of
signature of a public surveyor or engineer with active registration in
the State of Texas attesting that all survey related items or
engineering related items on the plat/plan are correct x x x x x
z) OSSF notes and signature block (if septic is planned). If located
in an area not served by a sanitary sewer system and septic tanks
x x x
are to be used, a certificate of approval from the City-County Health
Dept. is required.
VI. SWQMP (Storm Water Quality Management Plan)- For
x x x x
Greater than 1 Acre of contiguous Property. Plan shall be sealed
and identify/depict the following items:
a) Acknowledgment/note that increase in impervious surface or
change in land condition makeup at site development will require
further drainage review and mitigation may affect buildable area in
x x x x
site development OR is Titled "Preliminary Storm Water Quality
Management Plan" if public/private improvements needed, or if
impervious cover and/or land condition makeup may be modified.
b) Titled "Storm Water Quality Management Plan" if public/private
improvement plans are approved and released for construction by x x
the City of Corpus Christi DS Engineer.
c) Legend with applicable symbols used. x x x x
x x x x
d) Acreage, location, nearby drainage.
x x x x
e) Identify any FEMA Flood Zones (using current classifications).
x x x x
f) Existing and proposed drainage appurtenances.
x x x x
g) Maps showing route of the area covered to ultimate outfall(s).
Page 4 of 8
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h) Ultimate outfall(s) listed. x x x x
i) Existing land use, soil type and conditions (shading for pervious
x x x x
and impervious areas).
j) Land survey, topography, contours of land clearly shown to exhibit
x x x x
current and proposed drainage direction (arrows delineating
direction).
k) Pre-developed runoff determination for entire platted area,
including appropriate determination and reference of rainfall
intensity, runoff coefficient(s) (per existing land conditions, soil type
and slope degree, showing contours if slopes change from pre to x x x x
post development), drainage area(s), time of concentration (based
on visual exit pathway of most remote location in drainage
area/basin).
l) Proposed layout of development with functioning hydraulics
x x x x
(shading for pervious and impervious areas).
m) Post-developed runoff determination, including appropriate
determination and reference of rainfall intensity, runoff coefficient
(per proposed land conditions, soil type and slope, showing
contours if necessary. If unknown, appropriate proposed zoning x x x x
may be used to determine runoff coefficient), drainage area, time of
concentration (based on visual exit pathway of most remote location
in drainage area/basin).
n) Proposed and existing comparison of flow and runoff rates for
x x x x
required storm events.
o) If estimated post developed flows appear to exceed
x x x x
predeveloped flows (via calculation or increase in impervious area),
mitigation to be addressed prior to final plat or site development.
p) Confirm compliance with Drainage Master Plan and/or the need
x x x x
for a Master Plan Amendment.
x x x x
q) On-site storm water management facility, if applicable.
r) Submit copy of TxDOT approval letter of SWQMP if adjacent to
x x x x
state designated ROW.
s) Permanent measures to reduce pollution from runoff that relate to
x x x x
drainage.
x x x x
t) Wetlands, AICUZ, or other areas sensitive to drainage or flooding.
VII. UTILITY PLAN- A separate labeled Utility Plan required. Plans
x x x x
shall identify/depict the following items:
a) Titled "Preliminary Utility Plan" if public/private improvements
x x x x
needed.
b) Titled "Utility Plan" if public/private improvement plans are
approved and released for construction by the City of Corpus Christi x x x x
DS Engineer.
c) Legend with applicable symbols used. x x x x
Page 5 of 8
d) Location and size of existing and proposed infrastructure in
adherence with the latest Master Plans. (including but not limited to
x x x x
Urban Transportation Plan, Water, Wastewater, Stormwater, Parks,
ADA, etc.)
e) Confirm and provide note that each lot has separately billed
x x x x
utilities and access to utilities.
f) Proposed design properly connects property to utilities, and water
x x x x
lines are looped.
g) Estimated water and waste water usage in gpd. x x x x
h) Fire hydrant (existing and proposed) spacing. x x x x
i) Service lines that are not connected to manholes. x x x x
j) Easements match plat and are appropriately placed. x x x x
k) Show proposed street addresses as per Addressing Policy
x x x x
available on DSD website.
l) Proposed lighting plan per requirements set forth in the IDM. x x x
m) Deviations to include Waiver Request application. x x
x x
VIII. WAIVER APPLICATION-
a) The completed waiver application, available on the DSD website,
along with requested documentation shall be submitted for Plats for
x x
which a variance or deviation to the public improvement standard is
proposed.
B. The required list of documents in this subsection shall be published on the
website in compliance with Section 212.0081 of the Texas Local Government
Code.
3.1.6.E Application Completeness Review
1. A determination of whether a development application is complete shall be made by
the Director Assistant City Manager of Development Services no more than
five business days after submittal of the application.
2. An application that contains all of the information necessary to decide whether or not
the development as proposed will comply with all of the requirements of this Unified
Development Code shall be deemed complete.
3. If an application is determined not to be complete, the Director Assistant City Manager
of Development Services shall notify the applicant in writing within ten business days of
the initial application. The notification shall list all missing or incomplete items and
provide at least ten business days for the applicant to resubmit the material. The
applicant may request an additional meeting for explanation of the missing or
incomplete items. If the application is not resubmitted within the period specified, the
application shall be deemed rejected and shall not be accepted for filing. After an
application has been rejected, a new application and fee shall be required.
4. A determination of completeness does not preclude any negative final action and does
not include any implied determination that the application successfully meets any review
criteria or that during review additional clarification or information will not be needed.
Page 6 of 8
5. Any time an incomplete application is erroneously deemed complete and later
determined to be incomplete, the application shall be rejected
and subparagraph 3.1.6.E.3 above shall apply.
SECTION 3. UDC Article 3 Development Review ProceduresSection 3.1.7 Public Notice
Requirementsis amended by adding the following language that is underlined (added) and
deleting the language that is stricken (deleted) as delineated below:
3.1.7 Public Notice Requirements
3. Mailed Notice
A. For review procedures requiring mailed notice, a notice of public hearing shall
be sent by United States mail to owners of record of property within 200 feet of
the property under consideration, as determined by the most recent tax roll
information from the appropriate Appraisal District. The notice shall be deposited
in the mail before the 10th day before the public hearing date. For Zoning Map
Amendments (Rezoning), a notice of Public Hearing shall be provided in
compliance with Local Government Code 211.007.
B. For Zoning Map Amendments (Rezoning) where the adoption of or change to a
zoning regulation or boundary creates a nonconforming use, a notice of public
hearing shall be mailed by United States mail to each owner of real or business
personal property where the proposed nonconforming use is located as
indicated by the most recently approved municipal tax roll and each occupant of
the property not later than the 10th day before the hearing date. A notice of
Public Hearing shall be provided in compliance with Local Government Code
211.006.
4. Content of Notice
a. Published or Mailed Notice
Published or mailed notices shall contain at least the following information:
i. The general location of land that is the subject of the application. A
location map shall be included in the mailed notice but not in the
published notice. (Ordinance 029770, 03/19/2013)
ii. The legal description or street address;
iii. A description of the action requested including, where applicable, a
general description of the proposed
development including the size of each element of the proposed
development;
iv. The time, date and location of the public hearing;
v. A phone number to contact the Development Services office; and
vi. A statement that interested parties may appear at the public
hearing.
vii. Mailed notices for the purpose of notifying a nonconforming use
must be done in compliance with Section 211.006 of the Texas
Local Government Code.
Page 7 of 8
SECTION 4.If for any reason, any section, paragraph, subdivision, clause, phrase, word, or
provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of
competent jurisdiction, it may 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.
SECTION 5. 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 6. 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 8 of 8
State Legislature Text Amendments
Unified Development Code (UDC)
City Council: Public Hearing
City Council
February 27, 2024
Senate Bill 929
•Notice and compensation by municipality required before revoking
right to use property for a use that was allowed before the
adoption of or change to a zoning regulation or boundary
•If rezoning or zoning regulation change creates a
nonconforming use:
•Notice must be mailed to each owner and each occupant
th
no later than the 10day before each hearing date
•Include following in 14-point type:
"THE \[MUNICIPALITY NAME\] IS HOLDING A HEARING
THAT WILL DETERMINE WHETHER YOU MAY LOSE THE
RIGHT TO CONTINUE USING YOUR PROPERTY FOR
ITS CURRENT USE. PLEASE READ THIS NOTICE
CAREFULLY.“
•May continue to use property as non-conforming use
2
UDC Amendment: Public Notices
3.1.7.3Mailed Notice
A.Forreviewproceduresrequiringmailednotice,anoticeofpublichearing
shallbesentbyUnitedStatesmailtopropertyownersofrecordofproperty
within200feetofthepropertyunderconsideration,asdeterminedbythe
mostrecenttaxrollinformationfromtheappropriateAppraisalDistrict.The
noticeshallbedepositedinthemailbeforethe10thdaybeforethepublic
hearingdate.AnoticeofPublicHearingshallbeprovidedtoeachparty
requiredincompliancewithLocalGovernmentCode211.007.
B.Forreviewproceduresrequiringmailednotice,anoticeofpublichearing
shallbesentbyUnitedStatesmailedbyUnitedStatesmailtoeachowner
ofrealorbusinesspersonalpropertywheretheproposednonconforming
useislocatedasindicatedbythemostrecentlyapprovedmunicipaltaxroll
andeachoccupantofthepropertynotlaterthanthe10thdaybeforethe
hearingdate.AnoticeofPublicHearingshallbeprovidedtoeachparty
requiredprovidedincompliancewithLocalGovernmentCode211.006.
3
UDC Amendment: Public Notices
3.1.7.4Content of Notice
a.PublishedorMailedNotice:Publishedormailednoticesshallcontainatleastthe
followinginformation:
i.Thegenerallocationoflandthatisthesubjectoftheapplication.Alocationmap
shallbeincludedinthemailednoticebutnotinthepublishednotice.(Ordinance
029770,03/19/2013)
ii.Thelegaldescriptionorstreetaddress;
iii.Adescriptionoftheactionrequestedincluding,whereapplicable,ageneral
descriptionoftheproposed
developmentincludingthesizeofeachelementoftheproposed
development;
i.Thetime,dateandlocationofthepublichearing;
ii.AphonenumbertocontacttheDevelopmentServicesoffice;and
iii.Astatementthatinterestedpartiesmayappearatthepublichearing.
iv.Mailednoticesforthepurposeofnotifyinganonconformingusemustbedonein
compliancewithSection211.006oftheTexasLocalGovernmentCode.
4
House Bill 3699
•Plat is considered filed on the date the applicant submits the plat, with completed
plat application, application fees and other requirements prescribed by the city or
municipal authority for approving plats
•The governing body of a municipality or the municipal authority responsible
for approving plats may not require an analysis, study, document,
agreement, or similar requirement to be included in or as part of an
application for a plat, development permit, or subdivision of land that is not
explicitly allowed by state law.
•Each municipality shall adopt and make available to the public a complete,
written list of all documentation and other information that the municipality
requires to be submitted with a plat application. Municipality shall continuously
th
maintain the list on the Internet not later than the 30day after the date the
municipality adopts or amends the list.
•Each municipality shall adopt and make available to the public a complete,
written list of all documentation and other information that the municipality
requires to be submitted with a plat application. Municipality shall continuously
th
maintain the list on the Internet not later than the 30day after the date the
municipality adopts or amends the list.
5
UDC Amendment: Application Requirements
3.1.6.BForms
A.DevelopmentapplicationsrequiredunderthisUnifiedDevelopment
Codeshallbesubmittedonformsandinsuchnumbersasrequiredby
theDirectorAssistantCityManagerofDevelopmentServicesandin
compliancewithLocalGovernmentCode212.0081.
B.Thissubsectionshallestablishtherequiredlistofdocumentsto
determinelandsubdivisionapplicationcompletenessperplattype.
A.Listonseparatespreadsheet.
B.OtherinformationanddetailsaspublishedontheCity’swebsite
andincompliancewithSection212.0081oftheTexasLocal
GovernmentCode.
6
UDC Amendment: Application Requirements
3.1.6.EApplication Completeness Review
1.AdeterminationofwhetheradevelopmentapplicationiscompleteshallbemadebytheDirectorAssistant
CityManagerofDevelopmentServicesnomorethanfivebusinessdaysaftersubmittaloftheapplication.
2.Anapplicationthatcontainsalloftheinformationnecessarytodecidewhetherornotthedevelopmentas
proposedwillcomplywithalloftherequirementsofthisUnifiedDevelopmentCodeshallbedeemed
complete.
3.Ifanapplicationisdeterminednottobecomplete,theDirectorAssistantCityManagerofDevelopment
Servicesshallnotifytheapplicantinwritingwithintenbusinessdaysoftheinitialapplication.The
notificationshalllistallmissingorincompleteitemsandprovideatleasttenbusinessdaysfor
theapplicanttoresubmitthematerial.Theapplicantmayrequestanadditionalmeetingforexplanationof
themissingorincompleteitems.Iftheapplicationisnotresubmittedwithintheperiodspecified,the
applicationshallbedeemedrejectedandshallnotbeacceptedforfiling.Afteranapplicationhasbeen
rejected,anewapplicationandfeeshallberequired.
4.Adeterminationofcompletenessdoesnotprecludeanynegativefinalactionanddoesnotincludeany
implieddeterminationthattheapplicationsuccessfullymeetsanyreviewcriteriaorthatduringreview
additionalclarificationorinformationwillnotbeneeded.
5.Anytimeanincompleteapplicationiserroneouslydeemedcompleteandlaterdeterminedtobe
incomplete,theapplicationshallberejectedandsubparagraph3.1.6.E.3aboveshallapply.
6.RequiredapplicationmaterialsshallbelistedandincompliancewithLocalGovernmentCode212.0081.
7
Planning Commission and Staff Recommendation
Approvalof the proposed text
amendments to the UDC
8
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting February 27, 2024
Second Reading Ordinance for the City Council Meeting March 19, 2024
DATE: February 27, 2024
TO: Peter Zanoni, City Manager
FROM: Ernesto De La Garza, Director of Public Works
ErnestoD2@cctexas.com
(361) 826-1677
Ordinance abandoning, vacating, and closing 0.337 acres of improved public right-
of-way identified as Figueroa Street
CAPTION:
Ordinance abandoning, vacating, and closing 0.337 acres of improved public right-of-way for the
Fair Market Value of $700.00, identified as Figueroa Street, on the east side of the intersection of
Figueroa Street and Lindgreen Street, conditioned on Petitioner, Mateo Luera, meeting specified
conditions.
SUMMARY:
The purpose of this ordinance is to abandon, vacate, and close a 0.337 acres tract (14,700 square
feet) of improved portion of public right-of-way identified as Figueroa Street, as shown on the
metes and bounds, being a 210-foot-long portion of Figueroa Street (a 70-foot-wide public right-
of-way) on the east side of the intersection of said Figueroa Street and Lindgreen Street (a 60-
foot-wide public right-of-way).
BACKGROUND AND FINDINGS:
Section 49-12 of the City Municipal Code provides the procedures for City Council to establish or
close public streets, alleys, or other public ways. A request shall be filed with the City containing
the description of the street, or portion thereof, that is to be opened, closed, or altered.
Mateo Luera and the owner of adjacent property filed a request on October 13, 2023, to abandon,
vacate, and close a 0.337-acre portion of Figueroa Street, which is located on the east side of the
intersection of Figueroa Street and Lindgreen Street. A review of the request was conducted by
City Departments and external Public Utility Companies. A 60-foot utility easement was identified
for drainage and will be retained by the City of Corpus Christi.
The closing, abandonment, and vacation of a section of the improved street will be conditioned
upon the o
Payment to the City of $700.00 for the Fair Market Value (FMV) of the improved and
unimproved right-of-way pursuant to Corpus Christi Code 49-12.
A 60-foot utility easement is retained in favor of the City.
Upon approval by the City Council and issuance of the ordinance, all grants of the public
street right-of-way closures will be recorded at the o
Official Deed and Map Records of Nueces County, Texas, within 180 calendar days.
ALTERNATIVES:
The alternative is to deny the closure, abandonment, and vacation of the requested portion of
Figueroa Street.
FISCAL IMPACT:
If the City agrees to release this portion of public right-of-way, Mateo Luera, petitioner, is
responsible for paying the City the Fair Market Value (FMV) of $700.00 for the acquired property.
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Department: N/A
Project # (CIP Only): N/A
Account: N/A
RECOMMENDATION:
City staff recommend approval of the ordinance to abandon, vacate and close a 0.337 acres
tract (14,700 square feet) of improved public right-of-way identified as Figueroa Street.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Exhibit
Appraisal
PowerPoint Presentation
Ordinance abandoning, vacating and closing 0.337 acres of improved public
right-of-way identified as Figueroa Street, on the east side of the intersection of
Figueroa Street and Lindgreen Street, conditioned on petitioner, Mateo Luera,
meeting specified conditions
WHEREAS, Mateo Luera (Owner of adjacent property) is requesting the closure,
abandonment and vacation of a portion of Public Improved and Unimproved Right
of Way known as Figueroa Street, being the 210 foot portion on the east side of the
intersection of Figueroa Street and Lindgreen Street ending at Nueces River;
WHEREAS, with proper notice to the public, a public hearing was held during a
meeting of the City Council, during which all interested parties and citizens were allowed
to appear and be heard;
WHEREAS, it has been determined that it is feasible and advantageous to the
City of Corpus Christi to close, abandon and vacate improved and unimproved public
right-of-way identified as Figueroa Street, being the 210 foot portion on the east side of
the intersection of Figueroa Street and Lindgreen Street, as shown in Exhibit A, subject
to compliance by the Owner with the conditions specified in this ordinance.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. The City hereby closes, abandons and vacates the 210 foot portion of
Figueroa Street, on the east side of the intersection of Figueroa Street and Lindgreen
Street, being approximately 0.337 acre, expressly
conditioned on compliance with the conditions specified in Section 2 of this
ordinance.
SECTION 2. The closing, abandonment and vacation of a section of the improved
street described in Section 1 of this ordinance is expressly conditioned upon the
compliance with the following requirements:
a. Payment to the City of $700.00 for the fair market value of the improved and
unimproved right of way pursuant to Corpus Christi Code 49-12.
b. A 60 Utility Easement is retained in favor of the City.
c. Upon approval by the City Council and issuance of the ordinance, all grants of
public street right-of-
the real property Official Deed and Map Records of Nueces County, Texas, in
which the affected property is located, with a copy of the recording provided to
the City. Failure to record as required by this Ordinance within 180 calendar days
will hereby make this Ordinance null and void.
d. Failure to comply with all the conditions outlined in this Ordinance will hereby
make the Ordinance null and void.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
Figueroa Street
Street Closure Request
City Council Presentation
February 27, 2024
1
Ordinance
Section. 49-12. –Petition to Council to Close, Abandon,
Vacate, or Alter Streets, Alleys, Etc.
•City Municipal Code provides procedures for an applicant
to file a written application request to the Director of Public
Works requesting that public right-of-way, or portion be
closed, abandoned, vacated, or altered.
•Right-of-Way shall be only abandoned if the right-of-way is
not currently utilized or no longer needed for public use.
2
Process
1.A pre-application meeting with the Department of Public Works and
designated representatives.
2.An official application request shall be filed with the Department of Public
Works with supporting documents.
3.An application fee for $1,000 shall be required for each applicant to process
and coordinate further a request.
4.An applicant must provide an appraisal by a MAI Certified Appraiser.
5.Internal/External Agencies are provided an opportunity to comment on the
site plan requested for closure.
6.Present request to City Council for final approval.
3
Figueroa Street
Applicant: Mateo Luera
Official Application Submitted on 10/13/2023:
•Abandon, vacate, and close a 0.337-acre portion of Figueroa
Street
•Application Fee was included
•Internal/External Agencies provided comments including,
Corpus Christi Water, AEP, and the Planning Department.
•The market appraisal value (MAV): $700.00
4
Proposed Street Closure(s)
Street Closure
Request:
Portion of
Figueroa St.
5
Consideration
1.In Consideration of the 0.377-acre street closure, the applicant will pay the City of Corpus
Christi the Fair Market Value of $700.00.
2.Condition upon Petitioner to comply with the following:
•Payment to the City of $700.00 for improved and unimproved right-of-way pursuant to
Corpus Christi Code 49-12
•A 60’ Utility Easement retained in favor of the City
3. Upon approval by the City Council and issuance of the ordinance, the Owners’ will have to
comply with the conditions listed above within 180 calendar days.
There shall be no closure, abandonment, or vacation of right-of-way for Figueroa Road if the
Petitioner fails to comply with all the conditions outlined.
6
Recommendation
City Staff recommends the approval of the abandoning,
vacating, and closing 0.337 -acres of improved and
unimproved public right-of-way identified as Figueroa Street
under the conditions outlined to the petitioner, in lieu of a
payment in the amount of $700 which is recommended as the
fair market value.
7
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Wesley Nebgen, Director of Water System Infrastructure
WesleyN@cctexas.com
(361) 826-3111
Josh Chronley, Assistant Director of Finance-Procurement
JoshC2@cctexas.com
(361) 826-3169
Centrifuge Preventative Maintenance and Repairs for Corpus Christi Water
CAPTION:
Resolution authorizing a three-year service agreement with Andritz Separation Inc. of Arlington,
in an amount not to exceed $211,776.33, for centrifuge preventative maintenance and repairs
for Corpus Christi Water, with FY 2024 funding of $47,061.41 from the Wastewater Fund.
SUMMARY:
The Contractor shall provide annual preventative maintenance service and repairs for three (3)
centrifuges at the Broadway Wastewater Treatment Plant. The Contractor shall provide labor,
materials, parts, and transportation necessary to perform services.
BACKGROUND AND FINDINGS:
The Wastewater division operates three centrifuge dewatering units to manage biosolids at the
Broadway Wastewater Treatment Plant. The same three units have been in service for over ten
years. The units are electronically controlled, hydraulically driven, and operate at extremely high
speeds. The professional maintenance and repairs provided by the contract is vital for attaining
the life expectancy of over twenty years for the machines, and helps reduce preventable damage
to the units, surrounding City property, and injury to Corpus Christi Water personnel.
PROCUREMENT DETAIL:
Andritz Separation Inc. is the authorized service provider of the centrifuge units located at the
Broadway Wastewater Treatment Plant. All work must be in accordance with the Texas
Commission on Environmental Quality (TCEQ) and the Federal EPA regulations. At present there
is no contract in place to provide this service.
ALTERNATIVES:
An alternative is to not enter into a service agreement, which would require separate
procurements on an as-needed basis.
FISCAL IMPACT:
The fiscal impact for FY 2024 is $47,061.41.
FUNDING DETAIL:
Fund: 4200 Wastewater
Organization/Activity: 33100 Broadway Wastewater Treatment Plant
Department: 46 Wastewater
Project # (CIP Only): N/A
Account: 530215 Maintenance & repairs-contracted
RECOMMENDATION:
Staff recommends approval of this resolution authorizing a three-year service agreement with
Andritz Separation Inc. for preventative maintenance and repairs for the Corpus Christi Water as
presented.
LIST OF SUPPORTING DOCUMENTS:
Price Sheet
Resolution
Service Agreement
Price Sheet
City of Corpus Christi
Centrifuge Preventative Maintenance and Repairs
Department - Finance - Procurement
Senior Buyer: Cynthia Perez
for Corpus Christi Water
Andritz Separation Inc.
Arlington, Texas
ITEMDESCRIPTIONUnit Unit PriceTotal
EA $ 70,592.11
$ 70,592.11
1
Preventative Maintenance and Repairs Year 1
EA $ 70,592.11
$ 70,592.11
2
Preventative Maintenance and Repairs Year 2
EA $ 70,592.11
$ 70,592.11
3Preventative Maintenance and Repairs Year 3
Page 1 of 1
Resolution authorizing a three-year service agreement with Andritz
Separation Inc. of Arlington, in an amount not to exceed $211,776.33,
for centrifuge preventative maintenance and repairs for Corpus Christi
Water, with FY 2024 funding of $47,061.41 from the Wastewater Fund.
WHEREAS, these services will be used by Corpus Christi Water;
WHEREAS, Andritz Separation Inc., will provide preventative maintenance and
repairs at the Broadway Wastewater Treatment Plant, which is critical in sustaining the
WHEREAS, State law generally requires that procurements are subject to
statutory requirements, including competitive bids, unless an exception applies;
WHEREAS, there is a statutory exception for this procurement in Local
Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or
; and
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or designee, is authorized to execute a three-year service
agreement with Andritz Separation Inc., , in an amount not to exceed
$211,776.33 with FY 2024 funding of $47,061.41 from the Water fund.
For Resolutions:
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
Page 1 of 1
Article 6. Contract Renewal
At the expiration of the Agreement, the Owner and Supplier can mutually agree in writing to
renew said Agreement.
Article 7. Terms and Conditions of Sale
The attached (Exhibit 4), Andritz Separation Inc. Terms and Conditions of Sale, shall apply to this
Agreement.
Article 8. Sales and Use Tax
All applicable sales and use taxes are to be paid by the Owner direct to the applicable state tax
authority, unless a Tax Exemption Certificate is provided to the Supplier.
Article 9. Agreement Offering
Supplier offers this Agreement for a lump sum price of $211,776.33 to be paid in three (3) yearly
installments of $70,592.11. Payment is due prior to first visit and will initiate contract start date; annual
payment is due 30 calendar days from invoice date.
Article 10. Entire Agreement
This Agreement contains the entire and only agreement between the parties with respect to the subject
matter hereof and supersedes all prior oral and written understandings between Owner and Supplier
concerning the parts and/or services specified herein, and any prior course of dealings or usage of the
trade not expressly incorporated herein.
Article 11. Representations
Each, the Supplier and Owner, represent and warrant that it has duly authorized the execution and
delivery of this agreement; that this agreement as has been executed and delivered by it and that this
agreement constitutes its legal, valid and binding obligation enforceable against it in accordance with its
terms.
IN WITNESS WHEREOF, the parties hereto have duly executed this Service Agreement on the date
first above written.
Supplier: Andritz Separation Inc. Owner:
By By
Name: Name:
Robert King
VP Operations
Title: Title:
Date: Date:
12/21/2023
ANDRITZ SEPARATION INC. Page 2 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 1
OWNER SUPPLIED GUIDELINES
(3) D6LXC30CHP Centrifuge
Operating xx hours/day, weekly as needed or the period of the Agreement based on the originally
specified process parameters. The centrifuges current approximate hours are listed below, and
this agreement will provide maintenance until 6,000 hours. Operating hours of this agreement
are based on the earlier to occur of 1,000 hours of operation per machine, or one year.
Serial 131964023 3,200 Hours
Serial 131964025 3,100 Hours
Serial 131964024 1,516 Hours
Process Parameters Per Proposal
o Sludge Type: Waste Activated Sludge
o Feed Solids: Unknown
o Cake Dryness: 20% +/- 2% T.S.
o
o Capture 95% TSS
Maintenance Manual
Owner is responsible for providing the following during services:
o Removal of the rotating assembly, and or centrate casing, for service when required.
o Bowl cart, or pallet, to place the bowl on during 24,000 hour interval.
o Scroll cart, or pallet, to place the scroll upon once removed from the bowl during the
24,000 hour interval.
o The necessary overhead lifting device for service when required.
o Specialty tools for specified machine.
ANDRITZ SEPARATION INC. Page 3 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 2
SCOPE OF WORK BY SUPPLIER AND OWNER
SUPPLIER
Supplier agrees to provide a Factory Technician to conduct service and preventative maintenance on
the supplied Centrifuges. Preventative maintenance is based upon an established level of operating
hours and includes scheduled inspections as well as replacement of wear components. This
Agreement includes wear parts, lubricants and service for the period specified per the Maintenance
Schedule (Exhibit 3).
Replacement parts other than the specific wear components listed in the Maintenance Schedule
(Exhibit 3) of this Agreement are not included.
In addition to the service specified, the Factory Technician will inspect the operation, train operators,
adjust programming and provide system quality control.
OWNER
Owner to provide basic/routine preventive maintenance. Owner to conduct and document at a
minimum:
Daily Performance Optimization
Hours of operation
Inspections and checking for leaks
Daily Operator Checks
1) Centrifuge operation, vibration, abnormal noise.
2) Greasing of main bearings every 200 hours.
3) Bearing temperature and noise.
4) Current consumption of drive motor.
5) Check torque readings.
6) Check for grease leaks at cyclo unit.
7) Check product leakage at pillow block.
Note: City staff will operate overhead crane if needed, with prior approval, to provide a
powered overhead crane for disassembly of the machine. Minimum load is 5 tons.
ANDRITZ is responsible for proper cleaning and gathering of all trash, replacement parts, used oil and grease
as it pertains to the work being performed by ANDRITZ personnel and placing it in a customer designated area
or dumpster. Customer is responsible for coordinating all disposal. All exceptions must be in writing and
confirmed by ANDRITZ prior to the start of a service.
ANDRITZ SEPARATION INC. Page 4 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 3
MAINTENANCE SCHDULE
3,000 HOURS QTY (3)
Control / Intervention Consumables / Parts
General Inspection None
Scroll thrust bearing grease change Bearing grease
Cyclo gearbox oil renewal and plug seal replacement Oil and 2 plug seals
Oil filter replacement 1 oil filter
6,000 HOURS QTY (3)
Control / Intervention Consumables / Parts
General inspection
Crack check Replace if needed. (Additional charges apply)
Corrosion check Replace if needed. (Additional charges apply)
Scroll thrust bearing grease change Bearing grease
Cyclo gearbox oil renewal and plug seal replacement Oil and 2 plug seals
Oil filter replacement 1 oil filter
Oil return bellows replacement 2 oil return bellows
Lubrication unit oil renewal Oil
Replace belts 1 set belts
Control parts subjected to abrasion: For tile protected conveyor screws, if tiles
Scroll conveyor wear control are worn 5 to 7 mm, repair scroll before
flight becomes worn
Scraper blade wear (option) Scraper blades and fixing screws (if worn)
Solid output nozzle wear control (option) Turn ¼ turn if wear exceeds 2 mm
Watertight disks wear control (option) Disks, two parts (replace before support
Sediment casing wear control (projection zone) wear)
Protection plate (if wear exceeds 0.25 in,
Sedimentation control in canals (for co-current models). plan for weld repairs)
Sedimentation generally occurs on the inside of the canals up to If sedimentation hinders evacuation of the
the weir plate openings on the bowl plate. This sedimentation clarified liquid, clean or modify the weir
does not usually hinder evacuation of the clarified liquid. plate level to decrease sediment levels.
ANDRITZ SEPARATION INC. Page 5 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 3
MAINTENANCE SCHDULE
CITY OF CORPUS CHRISTI, BROADWAY WWTP SERVICE QUANTITIES
Duration: 3 years
Centrifuge
3k Service (hours)Quantity
131964023
*3,200 1
131964025
*3,100 1
131964024
*1,516 1
Total 3
6k Service (hours)
131964023
6,000 1
131964025
6,000 1
131964024
6,000 1
Total 3
* Approximate start hours
ANDRITZ SEPARATION INC. Page 6 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 3
MAINTENANCE SCHEDULE
Exclusions:
Replacement parts other than the specific wear components listed in the Maintenance Schedule (Exhibit 3) of
this Agreement are not included.
Electrical components replacement cost is not included as part of the service agreement. Andritz technicians will
assist in establishing required replacement components, installation and programming as
required.
ANDRITZ SEPARATION INC. Page 7 of 9
1010 Commercial Blvd. South
Arlington,Texas 76001
EXHIBIT 4
TERMS AND CONDITIONS OF SALE AND/OR SERVICE
1. TERMS APPLICABLE
(a) These Terms and Conditions of Sale and/or Service are the only terms which govern the sale of the products, equipment, or parts and/or the provision of serv
pursuant to the quotation or acknowledgement ther written document issued by Buyer. These Terms and
Conditions of Sale and/or Service control, supersede and replace any and all other additional and/or different terms and conditions of Buyer, and Seller hereby objects to and rejects
all such
terms and conditions of Buyer without further notification, except to the extent Seller expressly agrees to such conditions in
of or payment for any Products or Services covered by this Agreement, in whole or i
ed herein means (1) these Terms and Conditions of Sale and/or Serv acknowledgment together with
any attachment thereto and any documents expressly incorporated by reference, and (3) Buor other written document issued by Buyer, together with any attachment thereto
and any documents expressly incorporated by reference (but excluding any Buyer terms and conditions attached thereto or incorporated therein by reference).In the event of a conflict
between
any documents forming the Agreement, such documents shall be construed in the above-listed order of precedence.
(b)these Terms and Conditions of Sale and/or Service are incorporated, in the event that the introduction of new tariffs, levies, duties,
taxes, regulation, or any type of legislation by a domestic or foreign government has the effect of increasing the price of the quoted Products and/or Services, Seller reserves its right
to adjust its
quoted price in order to reflect these increases in cost. Nothing in this document, or any of the applicable contractual documentation shall be construed as a waiver of this right.
2. DELIVERY OR PERFORMANCE; RISK OF LOSS AND TITLE
(a) Delivery or performance dates are good faith estimates and do not mptly make advance or interim payments, supply technical
information, drawings and approvals will result in a commensurate delay in delivery or performance.
(b) Upon and after delivery, risk of loss or damDelivery of the Products hereunder will be made on the terms agreed to by the parties as set forth in this
Agreement, according to INCOTERMS 2020. If no delivery term is agreed elsewhere in the Agreement, delivery of the Products will be made FOB destination.. Title to the Products shall
transfer
to Buyer upon final payment therefor.
3. WARRANTY
(a) Product Warranty. Seller warrants to Buyer that the Products manufactured by it will be delivered free from defects in material and workmanship. This warranty shall commence upon
delivery of the Products and shall expire on the earlier to occur of 12 months from initial operation of the Products and 18 months from delivery thereof (the "Warranty Period"). If
during the
Warranty Period Buyer discovers a defect in material or workmanship of a Product and gives Seller written notice thereof within 10 days of such discovery, Seller will, at its option,
either deliver
to Buyer, on the same terms as the original delivery was made, according to INCOTERMS 2020, a replacement part or repair the defect in place. Any repair or replacement part furnished
pursuant to this warranty are warranted against defects in material and workmanship for one period of 12 months from completion of such repair or replacement, with no further extension.
Seller
will have no warranty obligations for the Products under this Paragraph 3(a): (i) if the Products have not been stored, installed, operated and maintained in accordance with generally
approved
industry practice and with Seller's specific written instructions; (ii) if the Products are used in connection with any mixture or substance or operating condition other than that for
which they were
designed; (iii) if Buyer fails to give Seller such written 10 day notice; (iv) if the Products are repaired by someone other than Seller or have been intentionally or accidentally damaged;
(v) for
corrosion, erosion, ordinary wear and tear or in respect of any parts which by their nature are exposed to severe wear and tear or are considered expendable; or (vi) for expenses incurred
for
work in connection with the removal of the defective articles and reinstallation following repair or replacement.
b) Services Warranty. Seller warrants to Buyer that the Services performed will be free from defects in workmanship and will conform to any mutually agreed upon specifications. If
any
failure to meet this warranty appears within 12 months from the date of completion of the Services, on the condition that Seller be promptly notified in writing thereof, Seller as its
sole obligation
for breach of this warranty will correct the failure by re-performing any defective portion of the Services furnished. Seller does not warrant the accuracy of, or performance results
of, any
conclusions or recommendations provided, nor that any desired objective will result from the Services provided and Seller shall not be liable for any loss of use or any production losses
whatsoever.
(c) THE EXPRESS WARRANTIES SELLER MAKES IN THIS PARAGRAPH 3 ARE THE ONLY WARRANTIES IT WILL MAKE. THERE ARE NO OTHER WARRANTIES, WHETHER
STATUTORY, ORAL, EXPRESS OR IMPLIED. IN PARTICULAR, THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
(d) The remedies provided in Paragraphs 3(a) and 3(b) are Buyer's exclusive remedy for breach of warranty.
(e) With respect to any Product or part thereof not manufactured by Seller, Seller shall pass on to Buyer only those warranties made to Seller by the manufacturer of such Product or
part
which are capable of being so passed on.
4. LIMITATION OF LIABILITY
Notwithstanding any other provision in this Agreement, the following limitations of liability shall apply:
(a) In no event, whether based on contract, tort (including negligence), strict liability or otherwise, shall Seller, its officers, directors, employees, subcontractors, suppliers or
affiliated companies
be liable for loss of profits, revenue or business opportunity, loss by reason of shutdown of facilities or inability to operate any facility at full capacity, or cost of obtaining other
means for performing
the functions performed by the Products or Software, loss of future contracts, claims of customers, cost of money or loss of use of capital, in each case whether or not foreseeable,
or for any
indirect, special, incidental or consequential damages of any nature resulting from, arising out of or connected with the Products, Services, Software or this Agreement or from the performance
or breach hereof.
(b) The aggregate liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, for all claims of any kind for any loss, damage, or expense
resulting
from, arising out of or connected with the Products, Services, Software or this Agreement or from the performance or breach hereof, together with the cost of performing make good obligations
to pass performance tests, if applicable, shall in no event exceed the Agreement price.
(c) The limitations and exclusions of liability set forth in this Paragraph 4 shall take precedence over any other provision of this Agreement and shall apply whether the claim of
liability is based
on contract, warranty, tort (including negligence), strict liability, indemnity, or otherwise. The remedies provided in this Ag
(d) All liability of Seller, its officers, directors, employees, subcontractors, suppliers or affiliated companies, resulting from, arising out of or connected with the Products, Services
or this
Agreement or from the performance or breach hereof shall terminate on the third anniversary of the date of this Agreement.
(e) In no event shall Seller be liable for any loss or damage whatsoever arising from its failure to discover or repair latent defects or defects inherent in the design of goods serviced
(unless
such discovery or repair is normally discoverable by tests expressly specified in the scope of work under this Agreement) or caused by the use of goods by the Buyer against the advice
of Seller.
If Seller furnishes Buyer with advice or assistance concerning any products or systems that is not required pursuant to this Agreement, the furnishing of such advice or assistance will
not subject
Seller to any liability whether in contract, indemnity, warranty, tort (including negligence), strict liability or otherwise.
5. CHANGES, DELETIONS AND EXTRA WORK.
Seller will not be required to make changes in the Products or Services unless Buyer and Seller have executed a written change order for such change. Any such change order will include
an
appropriate adjustment to the Agreement prigations to Buyer, the change order will include appropriate modifications
to this Agreement. Seller shall be entitled to a change order adjusting the Agreement price, schedule and/or any affected obligations of Seller if after the effective date of this Agreement
(a) a
change in applicable law, tariffs, levies, duties, taxes, regulations or ordinances or (b) any act or omission of Buyer or any other party for whom Buyer is responsible, or any error
or change in
Buyer-provided information should require a change in the Products or Services or cause an increase in the cost or change in the schedule to supply the Products or Services.
6. TAXES
excise or other taxes. In addition to the price specified herein, the amount of any present or future sales, use, excise or other tax applicable to the
sale or use of the Products, Software or Services shall be billed to and paid by Buyer unless Buyer provides to Seller a tax-exemption certificate acceptable to the relevant taxing authorities.
7.
8. SET OFF
Neither Buyer nor any of its affiliates shall have any right to set off claims against Seller or any of its affiliates for amounts owed under this Agreement or otherwise.
9. PATENTS
Unless the Products or any part thereof are structions and provided the Product or any part thereof is not used in any manner other than as specified or
approved by Seller in writing or modified by Buyer without the written consent of Seller, (i) Seller shall defend against claims made in a suit or proceeding brought against Buyer by
an unaffiliated
third party that any Product infringes a device claim of a patent issued as of the effective date of this Agreement in the country in which the Product will be operated, and limited
to the field of the
specific Products provided under this Agreement; provided Seller is notified promptly in writing and given the necessary authority, information and assistance for the defense of such
claims; (ii)
Seller shall satisfy any judgment (after all appeals) for damages entered against Buyer
on such claims so long as such damages are not attributable to willful conduct or sanctioned litigation
conduct; and (iii) if such judgment enjoins Buyer from using any Product or a part thereof, then Seller will, at its option: (a) obtain for Buyer the right to continue using such Product
or part; (b)
eliminate the infringement by replacing or modifying all or part of the Products; or (c) take back such Product or part and refund to Buyer all payments on the Agreement price that Seller
has
received for such Product or part.s entire liability for patent infringement by any Product or part thereof.
10. SOFTWARE LICENSE, WARRANTY, FEES
If Buyer and Seller have not entered into a separate license agreement, the following Software Terms and Conditions apply to any embedded software produced by Seller and furnished by
Seller
hereunder:
(a)all written materials or graphic files that are fixed in any tangible medium and that relate to and support the Software
ghts, trademarks, trade secrets, patents, patent applications, mask work rights, moral rights, contract rights, and other proprietary
rights recognized by the laws of any country inherent therein, including all changes and improvements requested or suggested by Buyer in the support and maintenance of the Software are
the
and to the Software not expressly granted to Buyer in the Agreement are reserved by Seller. Nothing in this
Agreement will be deemed to grant, by implication, estoppel, or otherwise, a license under any of atents. Software will not include any upgrades, new versions, releases,
enhancements, or updates to the Software, unless agreed to by Seller in writing and at its sole discretion. To the extent any upgrades, new versions, releases, enhancements, or updates
to the
Software are provided by Seller, the termch upgrades, new versions or releases, enhancements or updates. To the extent any ownership right arises
in Buyer with respect to the above, Buyer hereby assigns all of its right, title, and interest in and to any intellectual propeectual Property Rights, including
enforcement rights, to Seller without the payment of any additional consideration thereof either to Buyer, or its employees, agents, or customers and agrees to execute any documents
Seller
deems necessary to effect such assignment.
(b) Seller hereby grants to Buyer a non-exclusive, non-transferable, non-sub-licensable, revocable license to install, run, and use the Software, and any modifications made by Seller
thereto
only in connection with configuration of the Products and operating system for which the Software is ordered hereunder, and for the end-use purpose stated in the Documentation. Buyer
agrees
that neither it nor any third party shall modify, reverse engineer, decompile or reproduce the Software, except Buyer may create a single copy for backup or archival purposes in accordance
with
are and the Copy of such Software shall terminate upon any breach of this Agreement by Buyer. All copies of the Software,
including the Copy, are the property of Seller, and all copies for which the license is terminated shall be returned to Seller,
after termination.
(c) Seller warrants that, on the date of shipment of the Software or the Products containing the Software to Buyer: (1) the Software media contain a true and correct copy of the Software
and
are free from material defects; (2) Seller has the right to grant the license hereunder; and (3) the Software will function substantially in accordance with the related Seller operating
documentation.
In no event does Seller warrant that the Software is error free or that Buyer will be able to operate the Software without impairments or interruptions. In addition, due to the continual
development
of new techniques for intruding upon and attacking networks, Seller does not warrant that the Software or any equipment, system, or network on which the Software is used will be free
of
vulnerability to intrusion or attack.
(d) If within 12 months from the date of delivery of the Products containing the Software, Buyer discovers that the Software is not as warranted above and notifies Seller in writing
prior to the
end of such 12 month period, and if Seller determines that it cannot or will not correct the
are: (1) replacement of the nonconforming Software; or (2) termination of this license and a refund of a pro rata share of the Agreement price or license fee paid.
(e) If any infringement claims of the Software in a manner specified by Seller, Seller shall: (i) defend against any claim in a suit or proceeding
brought by an unaffiliated third party against Buyer that the Software violates a registered copyright or a confidentiality agreement to which Seller was a party, provided that Seller
is notified
promptly in writing and given the necessary authority, information and assistance for the defense and settlement of such claims (including the sole authority to select counsel and remove
the
Software or stop accused infringing usage); (ii) Seller shall satisfy a final judgment (after all appeals) for damages entered against Buyer for such claims, so long as such damages
are not
attributable to willful conduct or sanctioned litigation conduct; and (iii) if such judgment enjoins Buyer from using the Software, Seller may at its option: (a) obtain for Buyer the
right to continue
using such Software; (b) eliminate the infringement by modifying the Software or replacing it with a functional equivalent (in which case, Buyer shall immediately stop use of the allegedly
infringing
Software), or (c) take back such Software and refund to Buyer all payments on the Agreement price that Seller has received. Ho
apply to the extent that the claim or adved to discontinue; (2) non-Seller software, products, data or processes;
of the Software to, or its use for the benefit of, any third party not approved in writing by Seller; or
information (a) through improper means; (b) under circumstances giving rise to a duty to maintain its secrecy or limit its use; or (c) from a third party who owed to the party asserting
the claim a
duty to maintain the secrecy or limit the use of the confidential information. Buyer will reimburse Seller for any costs or damages that result from actions 1 to 5. THE FOREGOING
PROVISIONS
OF THIS SECTION 10(e) STATE THE ENTIRE LIABILITY AND OBLIGATIONS OF SELLER AND THE EXCLUSIVE REMEDY OF BUYER, WITH RESPECT TO ANY VIOLATION OR
INFRINGEMENT OF ANY PROPRIETARY RIGHTS UNDER SECTION 10, INCLUDING BUT NOT LIMITED TO PATENTS AND COPYRIGHTS, BY THE SOFTWARE OR ANY PART
THEREOF.
(f) This warranty set forth in subparagraph (c) above shall only apply when: (1) the Software is not modified by anyone other than Seller or its agents authorized in writing; (2) there
is no
modification in the Products in which the Software is installed by anyone other than Seller or its agents authorized in writing; (3) the Products are in good operating order and installed
in a
suitable operating environment; (4) the nonconformity is not caused by Buyer or a third party; (5) Buyer promptly notifies Seller in writing, within the period of time set forth in subparagraph
(c)
above, of the nonconformity; and (6) all fees for the Software due to Seller have been timely paid. SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, WITH
REGARD TO THE SOFTWARE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COURSE OF DEALING
AND USAGE OF TRADE.
(g) Buyer and its successors are limited to the remedies specified in this Paragraph 10.
(h) Any subsequent modifications or enhancements to the Software
11. SITE RISKS
(a) Site Conditions. The parties acknowledge and agree that as to conditions at the project site, Seller is relying upon information provided by Buyer. If Seller becomes aware of any
subsurface,
concealed, or differing condition, environmental hazard or violation of any environmental law or regulation, Seller will immediately suspend performance of the work in the affected area
and notify
Buyer. Buyer acknowledges that it will assume the risk of any increased costs and changes to the schedule that may result from such conditions. If Buyer does not immediately remediate
such
conditions, Seller may either suspend performance of all work or terminate this Agreement.
(b) Environmental Remediation. Buyer acknowledges that Seller is not an expert in environmental remediation and shall not be directed by change order or otherwise to perform any
environmental remediation as part of the Services, including but not limited to asbestos and lead paint removal. If any environmental remediation becomes necessary, Buyer will contract
directly
with a qualified third party to perform such work.
12. TERMINATION
(a) Buyer may terminate this Agreement upon breach by Seller of to commence a cure of, such breach within a reasonable period
of time (but not less than 30 days) following written receipt of notice of the same from Buyer.
(b)onvenience upon written notice to Seller and upon payment to Seller of
and shall take into account among other things expenses (direct and indirect) incurred and commitments already made by Seller, overhead, and an appropriate profit. In case of such termination,
the licenses granted in Paragraphs 10 and 13 hereof shall terminate.
(c) Seller shall have the right to suspend and/or terminate its obligations under this Agreement if payment is not received within 30 days of due date. In the event of the bankruptcy
or insolvency
of Buyer or in the event of any bankruptcy or insolvency proceeding brought by or against Buyer, Seller shall be entitled to terminate any order outstanding at any time during the period
allowed
for filing claims against the estate and shall receive reimbursement for its cancellation charges.
13. INTELLECTUAL PROPERTY; CONFIDENTIALITY
(a) All intellectual property embodied in the Products, Services and Software provided to Buyer is the property of Seller, and any intellectual property developed, at least in part,
by Seller under
this Agreement is and remains the sole and exclusive property of Seller. Further, Seller shall have the right to collect and use data generated by the Products, Software or Services
supplied
hereunder.
(b) Buyer acknowledges that the information that Seller submits to Buyer in connection with this Agreement and the performance herproprietary information.
Buyer agrees not to disclose such informatr written consent. Seller grants to Buyer a non-exclusive, royalty-free, non-tr
confidential and proprietary information for the purpose of the installation, operation, maintenance and repair of the Products that are the subject of this Agreement only; provided,
however, that
Buyer further agrees not to, and not to permit any third party to, analyze, measure the properties of, or otherwise reverse engineer the Products or any parts thereof, fabricate the
Products or
to use the drawings other than in connection with this Agreement. All copies of
property and may be reclaimed by Seller at any time in the event Buyer is in breach of its obligations under this Paragraph 13,ion pursuant to Paragraph 12(b). The
parties acknowledge that the City is a Texas governmental entityld City receive a request for disclosure of Confidential Information
pursuant to the Act, City will promptly provide Contractor notice of such request in accordance with Section 552.305 of the Texas Government Code so that Contractor may avail itself
of any
opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions
to disclosure
of Confidential Information under the Act resides with Contractor. Should Contractor be unable to establish a valid exception from disclosure or exclusion from the Act or protective
order, then
City may release the information, solely to the extent necessary to comply with the Act.
14. END USER
If Buyer is not the end user of the Products sold heruse its best efforts to obtain th
hereof. .
15. FORCE MAJEURE
(a) whether or not foreseeable, beyond the reasonable control of either party which affect the
performance of this Agreement, including, without limitation, acts of God, acts or advisories of governmental or quasi-governmental authorities, laws or regulations, strikes, lockouts
or other
industrial disturbances, acts of public enemy, wars, insurrections, riots, epidemics, pandemics, outbreaks of infectious disease or other threats to public health, lightning, earthquakes,
fires,
storms, severe weather, floods, sabotage, delays in transportation, rejection of main forgings and castings, lack of available shipping by land, sea or air, lack of dock lighterage or
loading or
unloading facilities, inability to obtain labor or materials from usual sources, serious accidents involving the work of suppliers or sub-suppliers, thefts and explosions.
(b) Suspension of Obligations. If either Buyer or Seller is unable to carry out its obligations under this Agreement due to Force Majeure, other than the obligation to make payments
due
hereunder, and the party affected promptly notifies the other of such delay, then all obligations that are affected by Force Majeure will be suspended or reduced for the period of Force
Majeure
and for such additional time as is required to resume the performance of its obligations, and the delivery schedule will be adjusted to account for the delay.
(c) Strikes On-Site. Notwithstanding anything herein to the contrary, in the event a strike, lockout, blockage, slowdown, labor, union or other indust
ent, Seller shall be entitled to a change order containing an appropriate adjustment in the Agreement price and delivery schedule.
16. INDEMNIFICATION AND INSURANCE
(a) Indemnification. Seller agrees to defend and indemnify Buyer from and against any third-party claim for bodily injury or da) arising in connection with the
Products or the Services provided by Seller hereunder, but only to the extent such Loss has been caused by the negligence, will
promptly tender the defense of any such third-party claim to Seller. Seller shall be entitled to control the defense and resolution of such claim, provided that Buyer shall be entitled
to be
le expense. Where such Loss results from the Fault of both S
obligation shall be limited to the proportion of the
(b) Insurance. Seller shall maintain commercial general liability insurance with limits of $2,000,000 per occurrence and in the aggregate covering claims for bodily injury (including
death) and
physical property damage arising out of the Products or Services. Seller shall also the like as required by the laws of the jurisdiction where the
Services will be performed, and owned and non-owned auto liability insurance with limits of $1,000,000 combined single limit. Seller will provide a Certificate of Insurance certifying
the existence
of such coverages prior to providing services pursuant to the Agreement and, otherwise, upon request.
17. EXPORT CONTROL AND ECONOMIC SANCTIONS COMPLIANCE
(a) Buyer recognizes that any Products and Software that are the subject of this Agreement and originate in the U.S. remain subject to U.S. export control and economic sanctions laws
and regulations even after such Products are exported from the U.S. (if applicable), and even though such Products and Software have been purchased in and, if applicable, exported from
Canada. Buyer certifies that such Products and Software will not be diverted, transshipped, re-exported, or otherwise transferred in contravention of any applicable export control
and economic
sanctions laws and regulations, nor will it allow the Products or Software to be incorporated into other products or used to make direct products thereof that are exported, re-exported,
used, or
transferred in violation of U.S. export control and economic sanctions laws and regulations. Buyer further affirms that such Products and Software will not be used, directly or indirectly,
in any
application involving missile technology, nuclear proliferation, or chemical and biological weapons proliferation. Without limiting the foregoing, Buyer will not, nor will it allow
third parties to,
export, re-export, or transfer any Products or Software to any person or entity that is the target of U.S. sanctions or is in Crimea, Cuba, Iran, North Korea, or Syria, or any other
country or territory
in violation of U.S. sanctions.
(b) Buyer shall be responsible for any breach of this provision by it, and its successors and permitted assigns, as well as its parents, affiliates, employees, officers, directors, partners,
members, shareholders, customers, agents, distributors, resell
(c) Buyer shall, upon request of Seller, promptly provide all information necessary for Seller to ensure compliance with U.S. export control and economic sanctions laws and regulations,
including but not limited to information related to end-users, end-uses, and destination countries.
18. SPECIAL CONDITIONS FOR PRESSURE VESSELS
For installation, repair, or maintenance Services on existing pressure vessels, piping and equipment, the following shall apply:
(a) Unless otherwise agreed and stated in the Agreement, Buyer shall be responsible for: (i) physically disconnecting and isolating vessels and equipment being repaired from existing
piping
and electrical power before Seller or any of its subcontractors start the Services, and take adequate precautions that re-connection and resumption of use does not take place until the
Services
are completed, and (ii) emptying the vessels and piping and freeing them from any toxic or harmful substances before the Services begin so that the vessels and piping are safe for Services
to
begin. Buyer shall maintain the area entirely free of combustible, toxic and asphyxiant substances and provide fire protection service until the Services are completed;
(b) If the Services are on an existing vessel or existing piping, the Buyer is responsible for determining the prior condition of the portion of the vessel or piping not involved in
the Services, and
its ability to withstand the Services and any tests that may be necessary;
(c) Buyer shall also be responsible for evaluating the effects of prior use of the vessel or piping upon structural adequacy, and the suitability of the vessel or piping for the service
intended
when the Services are completed;
(d) Seller has no obligation to provide any inspections or tests, and Buyer takes full responsibility for all necessary inspections and tests, including but not limited to, selection
of testing
personnel, type, location, frequency, and severity of any inspections and tests and all test results at any stage of the Services;
(e) Upon request of Seller, Buyer shall provide Seller with the history of the vessel, a statement of the tests to be performed and a statement of the proposed use of the vessel after
completion
of the Services, and
(f) If repairs are required: (i) Buyer will provide an Authorized Inspector be done; (ii) Seller will provide Buyer with a proposed Quality
Seller will follow in performing the Services specified by the Buyer; (iii) the proposed QC package is subject to approval by
the Buyer, and such approval must be provided before Services commence; (iv) after approval of the QC package, the Services shall be done in accordance with the QC package. At the option
of the AI, hold points may be established for inspection during the course of the Services; and (v) upon completion of the Services, the AI shall inspect the Services and provide a signed
acceptance that they have been completed in accordance with the QC package. Such acceptance by the AI shall establish completion of the Services.
19. GENERAL
(a) Seller represents that any Products or parts thereof manufactured by Seller will be produced in compliance with all applicable federal, state and local laws applicable to their manufacture
be liable for failure of the Products to comply with any other specifications, standards, laws or regulations.
(b) This Agreement shall inure only to the benefit of Buyer and Seller and their respective successors and assigns. Any assignment of this Agreement or any of the rights or obligations
hereunder, by either party without the written consent of the other party shall be void.
(c) This Agreement contains the entire and only agreement between the parties with respect to the subject matter hereof and supersedes all prior oral and written understandings between
Buyer and Seller concerning the Products and/or Services and any prior course of dealings or usage of the trade not expressly incorporated herein.
(d) This Agreement may be modified, supplemented or amended only by a writing signed by an authorized
s waiver of any breach by Buyer of any terms of this Agreement must also be in writing and any waiver by Seller or failure by Seller to enforce any of the terms
and conditions of this Agreement at any time, shall not affect, strict compliance with every term and condition hereof.
(e) All terms of this Agreement which by their nature should apply after the cancellation, completion or termination of
this Agreement, including, but not limited to, Paragraphs 4, 13, 17 and 19, shall survive and remain fully enforceable after any cancellation, completion or termination hereof.
(f)this Agreement and the performance hereof will be governed by and construed according to the laws of the State of Texas, where thie
services pursuant to this Agreement will be provided.
eement and the performance hereof will be governed by and construed according to the laws of the Province of New Brunswick...
(g) (i) In the circumstances of f(i) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided
pursuant hereto,
shall be definitively settled by arbitration, to the exclusion of courts of law, administered by the American Arbitration Assos Construction Industry Arbitration
Rules in force at the time this Agreement is signed and to which the parties declare they will adherdgment on the award rendered by the arbitrator(s) may be entered
in any court having jurisdiction over the party against whom enforcement is sought or having jurisdiction over any of such partation shall be conducted in Atlanta, Georgia
by a panel of three members, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the panel and will be appointed by mutual agreement
of
the two party appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents of either party. In the event of failure of the two
party appointed
arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator, the third arbitrator will be appointed by the AAA in
accordance with
the AAA Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission of the dispute to arbitration, such arbitrator, as well as
the third arbitrator,
will be appointed by the AAA in accordance with the AAA Rules.
(ii) In the circumstances of f(ii) above, any controversy or claim arising out of or relating to this Agreement, or the breach hereof, or to the Products or the Services provided pursuant
hereto,
shall be definitively settled under the auspices of the Canadian Commen and to the exclusion of courts of law, in accordance with its
General Commercial Arbitration Rules in force at the time the Agreement is signed and to which the parties declare they will adudgment on the award rendered by
the arbitrator(s) may be entered in any court having jurisdiction over the party against whom enforcement is sought or having j assets. The arbitration shall be
conducted in Saint John, New Brunswick by a panel of three arbitrators, one of whom will be appointed by each of Buyer and Seller and the third of whom will be the chairman of the arbitral
tribunal and will be appointed by mutual agreement of the two party-appointed arbitrators. All arbitrators must be persons who are not employees, agents, or former employees or agents
of either
party. In the event of failure of the two party-appointed arbitrators to agree within 45 days after submission of the dispute to arbitration upon the appointment of the third arbitrator,
the third
arbitrator will be appointed by the CCAC in accordance with the CCAC Rules. In the event that either of Buyer or Seller fails to appoint an arbitrator within 30 days after submission
of the dispute
to arbitration, such arbitrator, as well as the third arbitrator, will be appointed by the CCAC in accordance with the CCAC Rules.
(h) In the event this Agreement pertains to the sale of any goods outside the United States or Canada, the parties agree that the United Nations Convention for the International Sale
of Goods
shall not apply to this Agreement.
(i)The parties hereto have required that this Agreement be drawn up in English. Les parties aux présentes ont exigé que la présente convention soit rédigée en anglais.
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Wesley Nebgen, Director of Water System Infrastructure
WesleyN@cctexas.com
(361) 826-3111
Josh Chronley, Assistant Director of Finance & Procurement
JoshC2@cctexas.com
(361) 826-3169
Supply Agreement for Backfill Materials
CAPTION:
Motion authorizing execution of a three-year supply agreement with Aaron Materials, Inc.,
of Austin, with an office in Aransas Pass, in an amount not to exceed $2,177,537.50 to
purchase bedding and backfill materials for water and wastewater line repairs for Corpus
Christi Water, with FY2024 funding of $423,410.07 from the Water Fund.
SUMMARY:
Aaron Materials Inc., Aransas Pass, Texas will provide Corpus Christi Water (CCW) with
backfill materials for water and wastewater pipe repairs. Backfill materials are used to
cushion the pipe from external forces, bring the excavation to grade, and provide necessary
support for asphalt repairs. These materials are required to maintain and properly repair the
BACKGROUND AND FINDINGS:
CCW maintains over 1,600 miles of water mains, 35,000 valves,1,400 miles of wastewater
mains, and 20,000 manholes. In FY2023, the department completed more than 2,500 work
orders related to the repair or replacement of water and wastewater infrastructure. This
work resulted in 2,215 requests for backfill in streets and easements. The contract will
provide the required materials to provide proper bedding for pipes, prevent future damage
due to soil movement, and stabilize soil to reinforce asphalt repairs. Additionally, the
materials are critical for the longevity of street and asphalt repairs.
The use of these materials follows best practices and ensures a solid base and uniform
support for the infrastructure and roadways. Aaron Materials Inc. held the previous contract
and provided a timely, reliable service. The increased contract value is a result of the
increased quantities of each item. This is a direct result of budget initiatives driving an
increase in the infrastructurerepair and replacement by CCW in-house crews. The contract
provides for supply 17,092 tons of cement stabilized sand, 19,500 tons of cushion sand,
1-
PROCUREMENT DETAIL:
Finance & Procurement completed the RFB process to obtain competitive bids. The City
received one responsible bid.
The previous contract was also won by Aaron Materials, Inc. and had a value of
$1,177,365.30 for a three-year period. The increased overall quantity in the contract of
34,870 tons and material price escalation has resulted in a larger contract value.
Staff is recommending the award to Aaron Materials, Inc., Aransas Pass, Texas. In FY2024.
ALTERNATIVES:
The alternative to not awarding this supply agreement for materials would require CCW to
purchase backfill materials on an as needed basis for individual repairs, which would result
in delayed repairs and increased costs.
FISCAL IMPACT:
The fiscal impact for FY 2024 is $423,410.07 in the Water Fund.
FUNDING DETAIL:
Fund: 4010 Water
Organization/Activity: 31520 Treated Water Delivery System
Department: 45 Water
Project # (CIP Only): N/A
Account: 520130 Maint & repairs
RECOMMENDATION:
Staff recommends approval of this motion to authorize the execution of a three-year supply
agreement with Aaron Materials, Inc. as presented.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabulation
Supply Agreement
City of Corpus Christi
Bid Tabulation
Finance- Procurement Department
RFB # 5571
Sr. Buyer : Cynthia Perez
Backfill Materials for CCW
Aaron Materials, Inc. Aransas
Pass, Texas
ITEMUnitTotal Price
Description3-Year Qty
1Cement Stabilizing SandTons17,092$ 61.00$ 1,042,612.00
2 Cushion Sand Tons19,500$ 37.00$ 721,500.00
3Tons4,500$ 43.50$ 195,750.00
Sandy Loam
4Tons3,291$ 50.50$ 166,195.50
5/8 Rock
5Tons650$ 79.20$ 51,480.00
1-1 1/2" White Rock
$ 2,177,537.50
SUPPLY AGREEMENT NO. 5571
Backfill Materials for Corpus Christi Water
THIS Backfill Materials for Corpus Christi Water Supply Agreement ("Agreement") is
entered into by and between the City of Corpus Christi, a Texas home-rule municipal
corporation (“City”) and Aaron Materials, Inc. (“Contractor"), effective upon
execution by the City Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractor has bid to provide Backfill Materials for Corpus Christi Water
in response to Request for Bid No. 5571 (“RFB”), which RFB includes the required scope
of work and all specifications and which RFB and the Contractor’s bid response are
incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each
were fully set out here in its entirety.
NOW, THEREFORE, City and Contractor agree as follows:
1. Scope. Contractor will provide Backfill Materials for Corpus Christi Water in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety. “Goods,” “products”, and “supplies”, as used in this
Agreement, refer to and have the same meaning.
2. Term.
(A) The Term of this Agreement is three years beginning on the date provided
in the Notice to Proceed from the Contract Administrator or the City’s
Procurement Division. The parties may mutually extend the term of this Agreement
for up to zero additional zero-year periods (“Option Period(s)”), provided, the
parties do so in writing prior to the expiration of the original term or the then-current
Option Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$2,177,537.50, subject to approved extensions and changes. Payment will be
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made for goods delivered and accepted by the City within 30 days of
acceptance, subject to receipt of an acceptable invoice. All pricing must be in
accordance with the attached Bid/Pricing Schedule, as shown in Attachment B,
the content of which is incorporated by reference into this Agreement as if fully
set out here in its entirety. Any amount not expended during the initial term or any
option period may, at the City’s discretion, be allocated for use in the next Option
Period.
Invoices must be mailed to the following address with a copy provided to the
Contract Administrator:
City of Corpus Christi
Attn: Accounts Payable
P.O. Box 9277
Corpus Christi, Texas 78469-9277
4. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement, including deductions for non-performance and authorizations for
payment. The City’s Contract Administrator for this Agreement is as follows:
Name: Amanda Howard
Department: Corpus Christi Water
Phone: 361-826-1894
Email: AmandaC@cctexas.com
5. Insurance. Before performance can begin under this Agreement, the Contractor
must deliver a certificate of insurance(“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
6. Purchase Release Order. For multiple-release purchases of products to be
provided by the Contractor over a period of time, the City will exercise its right to
specify time, place and quantity of products to be delivered in the following
manner: any City department or division may send to Contractor a purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and products will remain with
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the Contractor until such time as the products are delivered and accepted by
the City.
7.Inspection and Acceptance. City may inspect all products supplied before
acceptance. Any productsthat are delivered but not accepted by the City must
be corrected or replaced immediately at no charge to the City. If immediate
correction or replacement at no charge cannot be made by the Contractor, a
replacement product may be bought by the City on the open market and any
costs incurred, including additional costs over the item’s bid price, must be paid
by the Contractor within 30 days of receipt of City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractorwarrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator
10. Non-Appropriation. The continuation of this Agreement after the close of any
th
annually, is subject
fiscal year of the City, which fiscal year ends on September 30
to appropriations and budget approval specifically covering this Agreement as
an expenditure in said budget, and it is within the sole discretion of the City’s City
Council to determine whether or not to fund this Agreement. The City does not
represent that this budget item will be adopted, as said determination is within the
City Council's sole discretion when adopting each budget.
11. Independent Contractor. Contractor will perform the work required by this
Agreement as an independent contractor and will furnish such products in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
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12. Subcontractors. In providing the Goods, 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 ofboth 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 dayafter postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Amanda Howard
Title: Contracts Funds Administrator
Address: 2726 Holly Rd., Corpus Christi, Texas 78415
Phone: 361-826-1894
Fax: 361-826-4495
IF TO CONTRACTOR:
Aaron Materials Inc.
Attn: Clayton Walker
Title: General Manager
Address: 3274 Hwy 35 Bypass, Aransas Pass, Texas 78336
Phone: (361) 489-7198
Fax: N/A
17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
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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 Contractorwritten
notice of the breach and set out a reasonable opportunity to cure. If the
Contractorhas 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 24hours written notice to the Contractor for failure to pay or
provide proof of payment of taxes as set out in this Agreement.
19. Owner’s Manual and Preventative Maintenance. Contractor agrees to provide a
copy of the owner’s manual and/or preventative maintenance guidelines or
instructions if available for any equipment purchased by the City pursuant to this
Agreement. Contractor must provide such documentation upon delivery of such
equipment and prior to receipt of the final payment by the City.
20. Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
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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 tobe
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement if required
by said statute.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
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CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_________________________________________________
Josh Chronley
Assistant Director of Finance – Procurement
Date:
Attached and Incorporated by Reference:
Attachment A: Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance Requirements
Attachment D: Warranty Requirements
Incorporated by Reference Only:
Exhibit 1: RFB No. 5571
Exhibit 2:Contractor’s Bid Response
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t - Scope of Work
.1 General Requirements/Background Information
The Contractor shall provide and deliver various types of materials as outlined in the
Scope of Work. These materials will be used for backfilling around water line repairs
by Corpus Christi Water (CCW).
.2 Scope of Work
A.The Contractor shall supply CCW with various types of materials. The materials
to be supplied and delivered under this agreement are as follows:
1.Cement Stabilizing Sand
2.Cushion Sand
3.Sandy Loam
4.5/8 Rock
5.1 – 1 ½” White Rock
B.CCW will place orders by telephone, cellular phone, text, or email.
C.The Contractor shall deliver and unload the material(s) ordered within
twenty-four (24) hours of placement.
D.The Contractor shall deliver the material(s) ordered to the following location:
2726 Holly Road
Building 6
Corpus Christi, TX 78415
E.Deliveries shall be scheduled between 6:30 AM and 5:00 PM, Monday
through Friday, excluding City holidays.
F.The Contractor shall provide a shipping/delivery ticket listing a description of
items and quantities delivered.
.3 Contractor Quality Control and Superintendence
The Contractor shall establish and maintain a complete Quality Control Program that
is acceptable to the Contract Administrator to assure that the requirements of the
Contract are provided as specified. The Contractor will also provide supervision of
the work to insure it complies with the contract requirements.
Revised 11.30.20
Insurance Requirements
A.Contractor must not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractor must not allow any subcontractor Agency to commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B.Contractor must furnish to the City’s Risk Manager and Contract Administer one (1)
copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. The City must be listed as an additional
insured on the General liability and Auto Liability policies by endorsement, and a
waiver of subrogation is required on all applicable policies. Endorsements must be
provided with COI. Project name and or number must be listed in Description Box
of COI.
TYPE OF INSURANCEMINIMUM INSURANCE COVERAGE
Commercial General Liability Including:$1,000,000 Per Occurrence
1.Commercial Broad Form
2.Premises – Operations
3.Products/ Completed Operations
4.Contractual Liability
5.Independent Contractors
6.Personal Injury- Advertising Injury
AUTO LIABILITY (including) $500,000 Combined Single Limit
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
WORKERS’ COMPENSATION Statutory
EMPLOYER’S LIABILITY $500,000 /$500,000 /$500,000
Revised 11.30.20
C.In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II.ADDITIONAL REQUIREMENTS
A.Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers’ compensation coverage provided must be in an amount sufficient to
assure that all workers’ compensation obligations incurred by the Contractor will
be promptly met.
B.Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance
coverage written on an occurrence basis, by companies authorized and admitted
to do business in the State of Texas and with an A.M. Best's rating of no less than A-
VII.
C.Contractor shall be required to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Contractor shall pay any costs incurred resulting from said changes. All
notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D.Contractor agrees that with respect to the above required insurance, all insurance
policies are to contain or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
Revised 11.30.20
Provide 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not
less than 10 calendar days advance written notice for nonpayment of premium.
E.Within 5 calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any
time during this contract. Failure to provide and to maintain the required insurance
shall constitute a material breach of this contract.
F.In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance
with the requirements hereof.
G.Nothing herein contained shall be construed as limiting in any way the extent to
which Contractor may be held responsible for payments of damages to persons or
property resulting from Contractor's or its subcontractor’s performance of the work
covered under this agreement.
H.It is agreed that Contractor's insurance shall be deemed primary and non-
contributory with respect to any insurance or self insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
I.It is understood and agreed that the insurance required is in addition to and
separate from any other obligation contained in this agreement.
2023 Insurance Requirements
Ins. Req. Exhibit 4-B
Contracts for General Services – Services Performed Onsite
01/01/2023 Risk Management – Legal Dept.
Revised 11.30.20
Attachment D - Warranty Requirements
“No manufacturer’s warranty required for this Agreement.”
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
kevins4@cctexas.com
(361) 826-1292
Josh Chronley, Assistant Director of Finance & Procurement
JoshC2@cctexas.com
(361) 826-3169
Digital Marketing Campaign for CCIA
CAPTION:
Motion authorizing execution of a one-year service agreement, with a one-year option, with Pavlov
Advertising, LLC, of Fort Worth, in an amount not to exceed $150,000.00, with a potential of
$300,000.00 if the option is exercised, for a digital marketing campaign for the Corpus Christi
International Airport (CCIA), with FY 2024 funding of $75,000.00 from the Airport Operating Fund.
SUMMARY:
Motion authorizing a one-year service agreement with Pavlov Advertising, LLC to provide a
comprehensive Marketing Campaign targeted to prospective Corpus Christi visitors and Corpus
Christi residents to choose CCIA for their travel, therefore reducing leakage to other airports,
increasing enplanements, and raising load factors at CCIA.
BACKGROUND AND FINDINGS:
Approximately 68% of air travelers in the Coastal Bend region are choosing to drive to larger
airports, such as San Antonio, Austin, and Houston, for cheaper fares and non-stop flights. This
to add or increase service at
CCIA.
A targeted marketing campaign will showcase the convenience and benefits of using a local
airport, ultimately encouraging residents to choose CCIA for their travel needs. A part of the
marketing campaign will focus on targeting prospective travelers from surrounding cities to
increase tourism and drive more traffic to the airport.
PROCUREMENT DETAIL:
Finance & Procurement conducted a competitive Request for Proposal (RFP) to obtain qualified
firms that provide a digital marketing campaign. Nine responsive, responsible proposals were
receivedTwo firms were interviewed
according to technical and evaluation criteria on the RFP.
The evaluation committee was comprised of members from Airport Department. Proposals were
evaluated against the published criteria in the RFP. The evaluation committee rated each
proposer and was scored according to 1) creative process for building campaign, 2)
experience, 3) team experience, 4) understanding of project scope, and 5) price. Final scores
were tabulated for each firm to determine the highest-ranking firm offering the best value to the
City. Staff is recommending award to Pavlov Advertising, LLC.
ALTERNATIVES:
Alternatives include using Airport staff to create the marketing campaign, but staff do not have
access to resources that a marketing firm may have such as first-party data, market segmentation,
and a reporting dashboard on marketing campaign success. Alternatives also include entering a
service agreement with another responding firm, who are capable of such services but at a higher
cost to the City.
FISCAL IMPACT:
The financial impact of the service agreement in FY24 is not to exceed the one-year contract
amount of $150,000.00.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000 - Airport
Department: 53
Project # (CIP Only): N/A
Account: 530500
RECOMMENDATION:
City staff recommend approving this motion as presented.
LIST OF SUPPORTING DOCUMENTS:
Service Agreement
Evaluation Matrix
SERVICE AGREEMENT NO. 5447
Digital Marketing Campaign for CCIA
THIS Digital Marketing Campaign Agreement ("Agreement") is entered into by and
between the City of Corpus Christi, a Texas home-rule municipal corporation (“City”)
and PAVLOV Advertising, LLC (“Contractor"), effective upon execution by the City
Manager or the City Manager’s designee (“City Manager”).
WHEREAS, Contractorhas bid to provide Digital Marketing Campaignin response
to Request for Bid/Proposal No. 5447 (“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 Digital Marketing Campaign (“Services”) in
accordance with the attached Scope of Work, as shown in Attachment A, the
content of which is incorporated by reference into this Agreement as if fully set
out here in its entirety, and in accordance with Exhibit 2.
2. Term.
(A) The Term of this Agreement is one yearbeginning 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 Agreementfor up to
one additional one-year periods(“Option Period(s)”),provided, the parties do so
in writing prior to the expiration of the original term or the then-current Option
Period.
(B) At the end of the Term of this Agreement or the final Option Period, the
Agreement may, at the request of the City prior to expiration of the Term or final
Option Period, continue on a month-to-month basis for up to six months with
compensation set based on the amount listed in Attachment B for the Term or the
final Option Period. The Contractor may opt out of this continuing term by
providing notice to the City at least 30 days prior to the expiration of the Term or
final Option Period. During the month-to-month term, either Party may terminate
the Agreement upon 30 days’ written notice to the other Party.
3. Compensation and Payment. This Agreement is for an amount not to exceed
$150,000.00, subject to approved extensions and changes. Payment will be made
for Services performed and accepted by the City within 30 days of acceptance,
Service Agreement Standard Form – Airport Page 1 of 8
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:
Lacey P. Guzman
Airport Department
Phone: 361-826-1290
Email: laceyg@cctexas.com
5. Insurance; Bonds.
(A) Before performance can begin under this Agreement, the Contractormust
deliver a certificate of insurance (“COI”), as proof of the required insurance
coverages, to the City’s Risk Manager and the Contract Administrator.
Additionally, the COI must state that the City will be given at least 30 days’
advance written notice of cancellation, material change in coverage, or intent
not to renew any of the policies. The City must be named as an additional insured.
The City Attorney must be given copies of all insurance policies within 10 days of
the City Manager's written request. Insurance requirements are as stated in
Attachment C, the content of which is incorporated by reference into this
Agreement as if fully set out here in its entirety.
(B) In the event a payment bond, a performance bond, or both, are required of
the Contractor to be provided to the City under this Agreement before
performance can commence, the terms, conditions, and amounts required in the
bonds and appropriate surety information are as included in the RFB/RFP or as
may be added to Attachment C, and such content is incorporated here in this
Agreement by reference as if each bond’s terms, conditions, and amounts were
fully set out here in its entirety.
Service Agreement Standard Form – Airport Page 2 of 8
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 Contractora purchase
release order signed by an authorized agent of the department or division. The
purchase release order must refer to this Agreement, and Services will not be
rendered until the Contractor receives the signed purchase release order.
7. Inspection and Acceptance. Any Services that are provided but not accepted by
the City must be corrected or re-worked immediately at no charge to the City. If
immediate correction or re-working at no charge cannot be made by the
Contractor, a replacement service may be procured by the City on the open
market and any costs incurred, including additional costs over the item’s
bid/proposal price, must be paid by the Contractor within 30 days of receipt of
City’s invoice.
8. Warranty.
(A) The Contractor warrants that all products supplied under this Agreement
are new, quality items that are free from defects, fit for their intended purpose,
and of good material and workmanship. The Contractor warrants that it has clear
title to the products and that the products are free of liens or encumbrances.
(B) In addition, the products purchased under this Agreement shall be
warranted by the Contractor or, if indicated in Attachment D by the
manufacturer, for the period stated in Attachment D. Attachment D is attached
to this Agreement and is incorporated by reference into this Agreement as if fully
set out here in its entirety.
(C) Contractor warrants that all Services will be performed in accordance
with the standard of care used by similarly situated contractors performing similar
services.
9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing
Schedule are estimates only and do not obligate the City to order or accept more
than the City’s actual requirements nor do the estimates restrict the City from
ordering less than its actual needs during the term of the Agreement and including
any Option Period. Substitutions and deviations from the City’s product
requirements or specifications are prohibited without the prior written approval of
the Contract Administrator.
10. Non-Appropriation. The continuation of this Agreement after the close of any
th
fiscal year of the City, which fiscal year ends on September 30 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
Service Agreement Standard Form – Airport Page 3 of 8
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.Contractorwill perform the work required by this
Agreement as an independent contractor and will furnish such Services in its own
manner and method, and under no circumstances or conditions will any agent,
servant or employee of the Contractor be considered an employee of the City.
12. Subcontractors. In performing the Services, Contractor will not enter into
subcontracts or utilize the services of subcontractors.
13. Amendments and Changes. This Agreement may be amended or modified only
by written change order signed by both parties. Change orders may be used to
modify quantities as deemed necessary by the City. Any changes that alter the
method, price, or schedule of work must be allowable, allocable, within the scope
of any federal grant or cooperative agreement, and reasonable for the
completion of the project scope.
14. Waiver. No waiver by either party of any breach of any term or condition of this
Agreementwaives any subsequent breach of the same.
15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA
taxes, unemployment taxes and all other related taxes. Upon request, the City
Manager shall be provided proof of payment of these taxes within 15 days of such
request.
16. Notice. Any notice required under this Agreement must be given by fax, hand
delivery, or certified mail, postage prepaid, and is deemed received on the day
faxed or hand-delivered or on the third day after postmark if sent by certified mail.
Notice must be sent as follows:
IF TO CITY:
City of Corpus Christi
Attn: Lacey P. Guzman
Marketing Manager
1000 International Drive, Corpus Christi, TX 78406
Phone: 361-826-1290
Fax: n/a
IF TO CONTRACTOR:
PAVLOV Advertising, LLC
Attn: Katie Betik
Director of Logistics
5049 Edwards Ranch Road, Suite 400, Fort Worth, Tx 76109
Phone: 817-546-8363
Fax: n/a
Service Agreement Standard Form – Airport Page 4 of 8
17.CONTRACTORSHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND
THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND
AGENTS (“INDEMNITEES”) FROM AND AGAINST ANY AND ALL LIABILITY,
LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF
WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF
PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND
OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF
LITIGATION, COURT COSTS, ATTORNEYS’ FEES AND EXPERT WITNESS FEES,
WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION
WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS
AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT
ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS
EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE,
INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT
OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH
COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL
CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF
ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE,
LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION
OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE
THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT.
18. Termination.
(A) Termination for Cause. The City may terminate this Agreement for
Contractor’s failure to comply with any of the termsof this Agreement. The City
must give the Contractorwritten notice of the breach and set out a reasonable
opportunity to cure. If the Contractor has not cured within the cure period, the
City may terminate this Agreement immediately thereafter.
(B) Termination for Convenience. Alternatively, the City may terminate this
Agreement for convenience upon 30 days advance written notice to the
Contractor. The Citymay also terminate this Agreement upon 24hours written
notice to the Contractorfor failure to pay or provide proof of payment of taxes as
set out in this Agreement.In the event of termination for convenience, the
Contractor will be compensated for all Services performed prior to the date of
termination. The City shall have no further obligations to the Contractor.
19. Effect of Breach. In addition to the remedy of termination, if the Contractor violates
or breaches any provision of the Agreement,the City may pursue any other claims
Service Agreement Standard Form – Airport Page 5 of 8
or causes of action available under the law. No specific sanctions or penalties
apply to this Agreement except those that are otherwise available under the law.
20.Limitation of Liability. The City’s maximum liability under this Agreement is limited
to the total amount of compensation listed in Section 3 of this Agreement. In no
event shall the City be liable for incidental, consequential or special damages.
21. Assignment. No assignment of this Agreement by the Contractor, or of any right
or interest contained herein, is effective unless the City Manager first gives written
consent to such assignment. The performance of this Agreement by the
Contractor is of the essence of this Agreement, and the City Manager's right to
withhold consent to such assignment is within the sole discretion of the City
Manager on any ground whatsoever.
22. Severability. Each provision of this Agreement is considered to be severable and,
if, for any reason, any provision or part of this Agreement is determined to be
invalid and contrary to applicable law, such invalidity shall not impair the
operation of nor affect those portions of this Agreement that are valid, but this
Agreement shall be construed and enforced in all respects as if the invalid or
unenforceable provision or part had been omitted.
23. Order of Precedence. In the event of any conflicts or inconsistencies between this
Agreement, its attachments, and exhibits, such conflicts and inconsistencies will
be resolved by reference to the documents in the following order of priority:
A. this Agreement (excluding attachments and exhibits);
B. its attachments;
C. the bid solicitation document including any addenda (Exhibit 1); then,
D. the Contractor’s bid response (Exhibit 2).
24. Certificate of Interested Parties. Contractor agrees to comply with Texas
Government Code Section 2252.908, as it may be amended, and to complete
Form 1295 “Certificate of Interested Parties” as part of this Agreement.
25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws
in the performance of this Agreement. The applicable law for any legal disputes
arising out of this Agreement is the law of the State of Texas, and such form and
venue for such disputes is the appropriate district, county, or justice court in and
for Nueces County, Texas.
26. Public Information Act Requirements. This paragraph applies only to agreements
that have a stated expenditure of at least $1,000,000 or that result in the
expenditure of at least $1,000,000 by the City. The requirements of Subchapter J,
Chapter 552, Government Code, may apply to this contract and the Contractor
agrees that the contract can be terminated if the Contractor knowingly or
intentionally fails to comply with a requirement of that subchapter.
Service Agreement Standard Form – Airport Page 6 of 8
27. Entire Agreement. This Agreement constitutes the entire agreement between the
parties concerning the subject matter of this Agreement and supersedes all prior
negotiations, arrangements, agreements and understandings, either oral or
written, between the parties.
28. Federal Funding Requirements. This project is subject to requirements provided for
the Federal Aviation Administration (FAA)and/or other federal agencies. A set of
Federal Requirements has been attached as Attachment E, the content of which
is incorporated by reference into this Agreement as if fully set out here in its
entirety.The Contractor must complywith Attachment E while performing the
Services. The Contractor will insert in any subcontracts all Federal
Provisions/Requirements contained in the Agreement, such other clauses as the
FAA, or its designee may by appropriate instructions require and a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The
prime Contractor shall be responsible for the compliance by any subcontractor
or lower tier subcontractor with all the contract clauses.
\[Signature Page Follows\]
Service Agreement Standard Form – Airport Page 7 of 8
CONTRACTOR
Signature:
Printed Name:
Title:
Date:
CITY OF CORPUS CHRISTI
_____
Josh Chronley
Assistant Director of Finance – Procurement
Date:
APPROVED AS TO LEGAL FORM
_________________________________________________
Assistant City AttorneyDate
Attached and Incorporated by Reference:
Attachment A:Scope of Work
Attachment B: Bid/Pricing Schedule
Attachment C: Insurance and Bond Requirements
Attachment D: Warranty Requirements
Attachment E: Federal Requirements
Incorporated by Reference Only:
Exhibit 1:RFB/RFPNo. 5447
Exhibit 2: Contractor’s Bid/Proposal Response
Service Agreement Standard Form – Airport Page 8 of 8
Attachment A: Scope of Work
1.1 General Requirements
Corpus Christi International Airport (CCIA) is seeking a firm to design a turn-
key marketing strategy and campaign designed to reduced leakage.
Strategies and campaigns should be focused on the benefits and
attractiveness of CCIA to Corpus Christi residents. Additional work, such as
a campaign for a new airline, may be assigned.
1.2 Scope of Work
A. Market Segmentation. Identifying CCIA’s target audiences, including
demographic and geographic data, guest personas, targeting
segments for growth within the greater Corpus Christi area.
B. Marketing Strategy. Develop a marketing plan focused on CCIA’s
existing “Fly Smarter, Not Harder” campaign, targeted to the local
community and local businesses. Work closely with Airport Marketing
Manager and Directors in developing creative materials for brand
awareness and promotion of the “Fly Local” pledge. Additional work,
suck as a campaign for a new airline or route, may be assigned.
C. Content Creation. Provide creative services including concept
development, design, and production of advertisements for digital
advertising, including social and display, and traditional print.
D. Reporting. Contractor shall execute the campaign with constant
monitoring and tracking analytics, reporting to the airport and making
changes when campaign performs lower than projected. This data shall
include, but is not limited to, clicks, click-through-rate (CTR’s), conversion,
number of relevant searches, and impressions.
E. Ad Trafficking. Manage the trafficking of advertisements, including, but
not limited to search engine marketing (SEM) through Google Ads,
display advertising on high-traffic websites that are visited by CCIA target
markets , remarketing, etc.
F. Media Placement. Advise and place media in radio, TV, streaming, print,
or digital media.
G. Collaboration. Contractor shall collaborate with the Airport Marketing
Manager during the design, creation, execution, and management of
campaigns. The Marketing Manager must be the primary contact for the
entire duration of the campaigns.
Page 1 of 1
Attachment C: Insurance and Bond Requirements
No insurance or bonds are required for this service agreement.
Page 1 of 1
ATTACHMENT E:
FEDERAL REQUIREMENTS
E.1GENERAL CIVIL RIGHTS PROVISIONS
The Contractor agrees tocomply with pertinent statutes, Executive Orders and such rules as are
promulgated to ensure that no person shall, on the grounds of race, creed, color, national origin, sex,
age, or disabilitybe excluded from participating in any activity conducted withor benefiting from
Federal assistance.
This provision binds the Contractorand subcontractorsfrom the bid solicitation period through the
completion of the contract. This provision is in addition to that required byTitle VI of the Civil Rights
Act of 1964.
E.2Compliance with Nondiscrimination Requirements:
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “Contractor”),agrees as follows:
1.Compliance with Regulations:The Contractor (hereinafter includes consultants) will
comply with the Title VI List of Pertinent Nondiscrimination Acts andAuthorities, as they
may be amended from time to time, which are herein incorporated by reference and made a
part of this contract.
2.Nondiscrimination: The Contractor, with regard to the work performed by it during the
contract, will not discriminate on the grounds of race, color, or national origin in the selection
and retention of subcontractors, including procurementsof materials and leases of equipment.
The Contractor will not participate directly or indirectly in the discrimination prohibited by
the Nondiscrimination Acts andAuthorities, including employment practices when the
contract covers any activity, project, or program set forth in Appendix B of 49 CFR part 21.
3.Solicitations for Subcontracts, including Procurements of Materials and Equipment: In
all solicitations, either by competitive bidding or negotiation made by the Contractor for work
to be performed under a subcontract, including procurements of materials, or leases of
equipment, each potential subcontractor or supplier will be notified by the Contractor of the
contractor’s obligations under this contract and the Nondiscrimination Acts andAuthorities
on the grounds of race, color, or national origin.
4.Information and Reports: The Contractor will provide all information and reports required
by the Acts, the Regulations, and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information, and its facilities as may be
determined by the sponsor or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Nondiscrimination Acts andAuthorities and instructions. Where any
information required of a contractor is in the exclusive possession of another who fails or
refuses to furnish the information, the Contractor will so certify to the sponsor or the Federal
Aviation Administration, as appropriate, and will set forth what efforts it has made to obtain
the information.
5.Sanctions for Noncompliance: In the event of a Contractor’s noncompliance with the non-
discrimination provisions of this contract, the sponsor will impose such contract sanctions as
it or the Federal Aviation Administration may determine to be appropriate, including, but not
limited to:
a.Withholding payments to the Contractor under the contract until the Contractor
complies; and/or
b.Cancelling, terminating, or suspending a contract, in whole or in part.
6.Incorporation of Provisions: The Contractor will include the provisions of paragraphs one
through six in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations,and directives issued pursuant
thereto. TheContractor will take action with respect to any subcontract or procurement as
the sponsor or the Federal Aviation Administration may direct as a means of enforcing such
provisions including sanctions for noncompliance. Provided, that if the Contractor becomes
involved in, or is threatened with litigation by a subcontractor, or supplier because of such
direction, the Contractor may request the sponsor to enter into any litigation to protect the
interests of the sponsor. In addition, the Contractor may request the United States to enter
into the litigation to protect the interests of the United States.
E.3Title VI List of Pertinent Nondiscrimination Acts and Authorities
During the performance of this contract, the Contractor, for itself, its assignees, and successors in
interest (hereinafter referred to as the “Contractor”) agrees to comply with the following non-
discrimination statutes and authorities; including but not limited to:
Title VI of the Civil Rights Act of 1964 (42 USC § 2000d et seq., 78 stat. 252) (prohibits
discrimination on the basis of race, color, national origin);
49 CFR part 21 (Non-discrimination in Federally-assisted programs of the Department of
Transportation—Effectuation of Title VI of the Civil Rights Act of 1964);
The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 USC §
4601) (prohibits unfair treatment of persons displaced or whose property has been acquired
because of Federal or Federal-aid programs and projects);
Section 504 of the Rehabilitation Act of 1973 (29 USC § 794 et seq.), as amended (prohibits
discrimination on the basis of disability); and 49 CFR part 27;
The Age Discrimination Act of 1975, as amended (42 USC § 6101 et seq.) (prohibits discrimination
onthe basis of age);
Airport and Airway Improvement Act of 1982 (49 USC § 471, Section 47123), as amended (prohibits
discrimination based on race, creed, color, national origin, or sex);
The Civil Rights Restoration Act of 1987 (PL 100-209) (broadened the scope, coverage and
applicability of Title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975 and
Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms “programs
or activities” to include all of the programs or activities of the Federal-aid recipients, sub-
recipients and contractors, whether such programs or activities are Federally funded or not);
Titles II and III of the Americans with Disabilities Act of 1990, which prohibit discrimination on the
basis of disability in the operation of public entities, public and private transportation systems,
places of public accommodation, and certain testing entities (42 USC §§ 12131 –12189) as
implemented by U.S. Department of Transportation regulations at 49 CFRparts 37 and 38;
The Federal Aviation Administration’s Nondiscrimination statute (49 USC § 47123) (prohibits
discrimination on the basis of race, color, national origin, and sex);
Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations
and Low-Income Populations, which ensures nondiscrimination against minority populations by
discouraging programs, policies, and activities with disproportionately high and adverse human
health or environmental effects on minority and low-income populations;
Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency,
and resulting agency guidance, national origin discrimination includes discrimination because of
limited English proficiency (LEP). To ensure compliance with Title VI, you must take
reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed.
Reg. at 74087 to 74100);
Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating
because of sex in education programs or activities (20 USC 1681 et seq).
Digital Marketing Campaign for CCIA
RFP 5447
Sr. Buyer: Minerva Alvarado
BQR
Charter Bell Media, LLC dba Advertising Heart
Pavlov Advertising, Tintero Creative Romph & Pou We Us Them, ThynkFuel
Communications High Level and Public Newspapers,
Proposal Evaluation
LLCIncAgency, Inc.Inc.Operatins, LLC
Operating, LLCMarketing LLCRelations, LLC
Inc.
Nova Scotia,
Fort Worth, TXCorpus Christi, TXMontgomery, ALFranktown, COShreveport, LAHouston, TXSt. Augustine, FLDes Moines, IA
Canado
Minimum Qualifications (PASS/FAIL)
Required five years in business
No material lawsiuts during last 5 years
PassPassPassPassPassPassPassPassPass
No material regulatory issues last 5 years
Reference Provided for firm
40.037.336.738.338.735.035.736.7
Technical Proposal (50 PTS)44.7
Creative Process for Building Campaign (15 points)12.311.010.311.3 9.710.710.711.710.0
Firms' Experience (10 points)9.77.08.37.0 8.78.77.75.38.0
Team Experience (10 points)9.39.39.39.3 8.78.78.38.38.3
Understanding of Project Scope (15 points)13.312.79.39.0 11.310.78.310.310.3
16.7
27.4
Interview (30 PTS)
Creative Process for Building Campaign (10 points)95.7
Team Identification (10 points)9.76.0
Understanding of Project Scope (10 points)8.75.0
19.9920.0
Price (20 PTS)
Total92.176.7
Digital Marketing Services
Council Presentation
March 19, 2024
1
Digital Marketing Services
•One-yearserviceagreement,withaone-yearoption,withPavlovAdvertising,LLC,foradigital
marketingcampaignfortheCorpusChristiInternationalAirport,inanamountnottoexceed
$150,000.00,withapotentialof$300,000.00iftheoptionisexercised,withFY2024fundingof
$75,000.00fromtheAirportOperatingFund.
•PavlovAdvertisingwillserveasCCIA'smarketing&advertisingagency,providingtargeted
marketingcampaignstoshowcasetheconvenienceandbenefitsofusingalocalairport,
ultimatelyencouragingresidentstochooseCCIAfortheirtravelneeds.
•Apartofthemarketingcampaignswillfocusontargetingprospectivetravelersfrom
surroundingcitiestoincreasetourismanddrivemoretraffictotheairport.
•Thefirmwillalsodesigncampaignsforpotentialnewroutes/airlines.
•CityStaffrecommendsapprovaloftheone-yearserviceagreement.
•TheAirportBoardrecommendedapprovaloftheserviceagreementattheirregularscheduled
meeting.
2
AGENDA MEMORANDUM
Action Item for the City Council Meeting of March 19, 2024
____________________________________________________________________________
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Nick Winkelmann, P.E., Interim Director of Water Systems and Support Services
nickw@cctexas.com
(361) 826-1796
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
joschc2@cctexas.com
(361) 826-3169
Construction Contract Award and Professional Services Contract Amendment
O. N. Stevens Water Treatment Plant Pre-Sedimentation Basin Dredging
CAPTION:
Motion awarding a construction contract to GFL Environmental Services USA, Inc., of Raleigh,
North Carolina to dredge, dewater, haul, and dispose of settled sediments and water treatment
plant residuals from the pre-sedimentation basin at the O.N. Stevens Water Treatment Plant in
an amount of $8,757,565.00 and authorize a professional services contract amendment No. 6 to
Hazen and Sawyer, Corpus Christi, Texas, to provide construction phase services in an amount
of $164,032.00, for a total contract value not to exceed $1,147,012.00, located in Council District
1, with funding available from the Water CIP Fund.
SUMMARY:
This motion approves a construction contract with GFL Environmental Services USA, Inc., of
Raleigh, North Carolina to dredge, dewater, haul and dispose of approximately 28,000 - 44,000
dry tons (DT) of settled sediments and water treatment plant residuals, as well as remove, haul,
and dispose of cattails and other aquatic vegetation from the pre-sedimentation basin at the O.N.
Stevens Water Treatment Plant (ONSWTP) and a professional services contract amendment No.
6 to provide construction phase services.
BACKGROUND AND FINDINGS:
The pre-sedimentation basin located at ONSWTP serves as a preliminary settling location for raw
water suspended solids and is also used for emergency water storage. Built in 1988, the pre-
sedimentation basin has been dredged twice since construction, with the most recent attempt in
2021-2022 resulting in partial solids removal. Results from a 2022 survey determined over 40%
of the basins volume consists of solids from water treatment plant residuals and settled
sediments. In addition to limiting water storage capacity in the basin, the accumulated solids also
hinder the usage of critical basin equipment during emergency events. Dredging the pre
sedimentation basin is required to maximize emergency water storage capacity, provide optimal
pretreatment solids settling, and allow for operational flexibility at ONSWTP.
This project consists of dredging, dewatering, hauling and disposing of 28,000-44,000 DT of
settled sediments and water treatment plant residuals, as well as removal, hauling and disposal
of cattails and other vegetation from the pre-sedimentation basin. Removed material will be
transported to the Cefe Valenzuela landfill. The Contractor will be responsible for conducting and
providing documentation of trip tickets and paint filter tests (as applicable), moisture content test
for daily composite samples, and all other required regulatory tests for each truckload sent to the
landfill.
PROJECT TIMELINE:
Projected Schedule reflects City Council award in March 2024 with anticipated construction
completion by September 2025.
COMPETITIVE SOLICITATION PROCESS:
The Contracts and Procurement Department issued a new Request for Bids (RFB 5204) in
November 2023. The solicitation contained two base bids and required the contractor to select a
disposal method. On November 29, 2023, the City received four bids. City analyzed the bids in
accordance with the contract documents and determined that GFL Environmental Services USA,
Inc., is the lowest responsive and responsible bidder. An administrative hearing was held on
January 04, 2024,
BID SUMMARY
Base Bid 1 Base Bid 2
Contractor
(Disposal to Cefe (Disposal by Land
Valenzuela Landfill) Application)
GFL Environmental
$8,757,565.00 No Bid
Services USA
American Process Group
$10,379,783.00 No Bid
Renda Environmental
$12,500,000.00 $11,170,000.00
Denali Water Solutions $22,475,280.00 $18,912,000.00
Probable Construction $15,090,000.00 $15,090,000.00
Cost
GFL Environmental Services USA dba Terrapure Environmental has previously worked for the
City on ONSWTP Dredging of Lagoons #5 and #6 project from 2019 to 2020. GFL Environmental
Services USA, Inc. has significant experience working on dredging projects and serves a wide
range of industries including municipalities.
ALTERNATIVES:
City Council could choose not to award the construction contract to the low bidder, GFL
Environmental Services USA, Inc. This would delay needed improvements to the ONSWTP.
FISCAL IMPACT:
The fiscal impact for FY 2024 is an amount of $164,032 for the professional services contract
amendment and $6,000,000 for the construction contract with funding available from the Water
Capital Fund. The remaining construction costs will be incurred in FY 2025 in the amount of
$2,757,565 for a total construction cost of $8,757,565.
FUNDING DETAIL:
GFL Environmental Services USA, Inc.
Fund: WTRCP RR 032950 2023 (Fund 4487)
Department: Water (45)
Organization: Grants & Capital Projects Funds (89)
Project: ONSWTP Sedimentation Basin Improvements (Project No. 18130A)
Account: Demolition/Cleanup (530220)
Activity: 18130-A-4487-EXP
Amount: $8,757,565
Year 1 (FY2024): $6,000,000
Year 2 (FY2025): $2,757,565
Total: $8,757,565
Hazen and Sawyer
Fund: WTRCP RR 032950 2023 (Fund 4487)
Department: Water (45)
Organization: Grants & Capital Projects Funds (89)
Project: ONSWTP Sedimentation Basin Improvements (Project No. 18130A)
Account: Outside Consultants (550950)
Activity: 18130-A-4487-EXP
Amount: $164,032
RECOMMENDATION:
Staff recommends awarding a construction to contract to GFL Environmental Services USA, Inc.,
of Raleigh, North Carolina for the ONSWTP Pre-Sedimentation Basin Dredging project in the
amount of $8,757,565.00, with construction duration planned for 17 months from issuance of the
Notice to Proceed and authorize a professional services contract amendment No. 6 to Hazen and
Sawyer, Corpus Christi, Texas, to provide construction phase services in an amount of
$164,032.00, for a total contract value not to exceed $1,147,012.00.
LIST OF SUPPORTING DOCUMENTS:
Bid Tabs
Location and Vicinity Maps
CIP Page
PowerPoint Presentation
TABULATION OF BIDS
City Project No. 18130A (RFB 5204)
Base Bid 1: Disposal to Cefe Valenzuela Landfill
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
BID OPENING DATE: Wednesday, November 29, 2023 at 2PM
GFL Environmental Services USA, Inc.American Process Group, LLCRenda Environmental, Inc.Denali Water Solutions LLC
3301 Benson Dr.1201 Pacific Ave. 522 Benson Ln3308 Bernice Ave
O.N. Stevens Water Treatment Plant Pre-Sedimentation Basin Dredging
Suite 601#600Roanoke, TX 76262Russellville, AR 72801
Raleigh, NC 27609Tacoma, WA 98402
ItemDescriptionUnit QuantityUnit Price AmountUnit Price AmountUnit Price AmountUnit Price Amount
Part A - General
Mobilization (Maximum of 5% of Total Bid,
A1LS1$299,000.00$ 299,000.00 $433,160.00$ 433,160.00 $620,000.00$ 620,000.00 $700,000.00$ 700,000.00
Complete in Place per Lump Sum)
Bonds and Insurance (Maximum Allowance of 2%
A2AL1$47,850.00$ 47,850.00 $73,888.00$ 73,888.00 $244,400.00$ 244,400.00 $279,000.00$ 279,000.00
of Total Bid)
Removal, hauling, and disposal of cattails and
other aquatic vegetation from Pre-sedimentation
A3Basin, covering up to 50% of pre-sedimentation LS1$222,555.00$ 222,555.00 $156,202.00$ 156,202.00 $75,000.00$ 75,000.00 $175,000.00$
175,000.00
basin and side slope area, per section 4676 11,
Complete in Place per Lump Sum
Removal, hauling, and disposal of cattails and
other aquatic vegetation from Pre-sedimentation
Basin, covering the remaining 50% of pre-
A4LS1$0.00$ - $52,067.00$ 52,067.00 $25,000.00$ 25,000.00 $175,000.00$ 175,000.00
sedimentation basin and side slope area, per
section 46 76 11, Complete in Place per Lump
Sum
Owner Directed Pre-Sedimentation Basin
A5Weeks4$11,440.00$ 45,760.00 $16,989.00$ 67,956.00 $20,000.00$ 80,000.00 $84,000.00$ 336,000.00
Shutdown
A6LF1$46,400.00$ 46,400.00 $6,310.00$ 6,310.00 $50,000.00$ 50,000.00 $15,000.00$ 15,000.00
Traffic Control Plan & Implementation
Subtotal Part A - General (Items A1 thru A6)
$ 661,565.00 $ 789,583.00 $ 1,094,400.00 $ 1,680,000.00
Part B - Dredging, Dewatering, and Hauling
Dredging, Dewater, and Haul settled sediments
from surface water sources and treatment
residuals from Pre-Sedimentatin Basin to Cefe
B1DT28000$184.00$ 5,152,000.00 $232.81$ 6,518,680.00 $335.00$ 9,380,000.00 $472.62$ 13,233,360.00
Valenzuela Landfill including all work, tipping fees
per wet tons received at the landfill and materials
considered subsidiary to this bid item as per
specifications, Complete in Place per Dry Ton.
Dredge, Dewater, and Haul additional settled
sediments from surface water sourcves and
treatment residuals over quantity specified in
Item B1 (over 28,000 DT) from Pre-Sedimentatin
B2DT16000$184.00$ 2,944,000.00 $191.97$ 3,071,520.00 $126.60$ 2,025,600.00 $472.62$ 7,561,920.00
basin to Cefe Valensuela Landfill including all
work, tipping fees, per wet tons received at the
landfill and materials considered subsidiary to
this bid item as per specifications, Complete in
Place per Dry Ton.
Subtotal Part B - Dredging, Dewatering, and Hauling (Items B1 thru B2)
$ 8,096,000.00 $ 9,590,200.00 $ 11,405,600.00 $ 20,795,280.00
Grand Total
$ 8,757,565.00 $ 10,379,783.00 $ 12,500,000.00 $ 22,475,280.00
TABULATION OF BIDS
City Project No. 18130A (RFB 5204)
Base Bid 2: Disposal by Land Application
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
BID OPENING DATE: Wednesday, November 29, 2023 at 2PM
GFL Environmental Services USA, Inc.American Process Group, LLCRenda Environmental, Inc.Denali Water Solutions LLC
3301 Benson Dr.1201 Pacific Ave. 522 Benson Ln3308 Bernice Ave
O.N. Stevens Water Treatment Plant Pre-Sedimentation Basin Dredging
Suite 601#600Roanoke, TX 76262Russellville, AR 72801
Raleigh, NC 27609Tacoma, WA 98402
DescriptionUnit QuantityUnit Price AmountUnit Price AmountUnit Price AmountUnit Price Amount
Item
Part A - General
Mobilization (Maximum of 5% of Total Bid,
A1LS1$555,440.00$ 555,440.00 $700,000.00$ 700,000.00
Complete in Place per Lump Sum)
Bonds and Insurance (Maximum Allowance of
A2AL1$219,000.00$ 219,000.00 $279,000.00$ 279,000.00
2% of Total Bid)
Removal, hauling, and disposal of cattails and
other aquatic vegetation from Pre-
sedimentation Basin, covering up to 50% of pre-
A3LS1$75,000.00$ 75,000.00 $175,000.00$ 175,000.00
dd
sedimentation basin and side slope area, per
ii
BB
section 4676 11, Complete in Place per Lump
oo
NN
Sum
Removal, hauling, and disposal of cattails and
other aquatic vegetation from Pre-
sedimentation Basin, covering the remaining
A4LS1$25,000.00$ 25,000.00 $175,000.00$ 175,000.00
50% of pre-sedimentation basin and side slope
area, per section 46 76 11, Complete in Place
per Lump Sum
Owner Directed Pre-Sedimentation Basin
A5Weeks4$20,000.00$ 80,000.00 $25,000.00$ 100,000.00
Shutdown
A6Traffic Control Plan & ImplementationLF1$50,000.00$ 50,000.00 $15,000.00$ 15,000.00
Subtotal Part A - General (Items A1 thru A6)
$ 1,004,440.00 $ 1,444,000.00
Part B - Dredging, Dewatering, and Hauling
Dredge residuals from Pre-Sedimentation
Basin, Dewater (as applicable), Haul, and
properly dispose of residuals at TCEQ
B1DT28000$296.77$ 8,309,560.00 $397.00$ 11,116,000.00
registered land application sites including all
work and materials considered subsidiary to
this bid item as per specifications, Complete in
Place per Dry Ton.
dd
ii
BB
oo
NN
Dredge residuals from Pre-Sedimentation Basin,
Dewater (as applicable), Haul, and properly dispose
of additional settled sediments and residuals over
quantity specified in Item B1 (over 28,000 DT) at
B2DT16000$116.00$ 1,856,000.00 $397.00$ 6,352,000.00
TCEQ registered land application sites including all
work and materials considered subsidiary to this bid
item as per specifications, Complete in Place per
Dry Ton.
Subtotal Part B - Dredging, Dewatering, and Hauling (Items B1 thru B2)
$ 10,165,560.00 $ 17,468,000.00
Grand Total
$ 11,170,000.00 $ 18,912,000.00
thru
20242026
CapitalImprovementPlan
Cit
yofCorpusChristi,Texas
Project #
18130
Project Name
ONSWTP Sedimentation Basin Improvements
Water Department
Department
Improvement/Additions
Type
40 yearsDirector of Water Utilities
Useful LifeContact
Water Treatment
Category
Critical-Health & Safety
Priority
1
Council District
Status Active
Description
Justification
ExpendituresPrior Years202420252026Total
Construction/Rehab
Testing
Design
Eng, Admin Reimbursements
Total
Funding SourcesPrior Years202420252026Total
Revenue Bonds
Total
BudgetImpact/Other
A assessmentwillbe done upon completion ofprojectto determine maintenance costs.
371
O.N. Stevens Water Treatment Plant
Pre-Sedimentation Basin Dredging
Council Presentation
March 19, 2024
1
Project Location
2
Project Scope
Constructionofthisprojectwillinclude:
•Dredging,dewatering,removal,haulinganddisposalofapproximately28,000
-44,000drytonsofsettledsedimentsandvegetationfromthepre-
sedimentationbasinattheO.N.StevensWaterTreatmentPlant(ONSWTP)
3
Project Schedule
2020-20232023-20242024-2025
May - August Sep-MarApril - September
DesignBid/AwardConstruction
Projected schedule reflects City Council award in March 2024 with
anticipated completion by September 2025.
4
AGENDAMEMORANDUM
ActionItemfortheCityCouncilMeetingMarch19,2024
DATE:March1,2024
TO:PeterZanoni,CityManager
FROM:AlmaI.Casas,InterimDirectorofFinanceandProcurement
almac@cctexas.com
361-826-3610
NoticeofIntentiontoIssueCertificatesofObligationforConstructionofand
Capital Improvements to City Facilities, Parks, and Solid Waste Infrastructure
CAPTION:
Resolution by the City Council of the City of Corpus Christi,Texas, authorizing and
approving publication of Notice of Intention to issue not more than $50,005,000 of
Certificates of Obligation, inoneormoreseries,forcertainfacilityconstructionand
capitalimprovements,as includedandapprovedbyCityCouncilintheFiscalYear2024
CapitalBudget;complyingwith the requirements contained in Securities and Exchange
Commission Rule 15c2-12; and providing an effective date.
SUMMARY:
The City Council will consider a resolution approving a Notice of Intention to issue
CertificatesofObligation inanamountnottoexceed $50,005,000,theproceedsof
which will be used for various facility capital improvements, public safety facility
construction, and solid waste and landfill facility capital repairs and improvements. This
item is consistent with the City Council’s budgeting actions approved in the FY 2024
Capital Budget on September 5, 2023.
BACKGROUNDANDFINDINGS:
Includedintheadoptedandapproved FY2024CapitalBudgetareprojectstobefunded
throughtheissuanceofCertificates of Obligation.Thisagendaitemistofundprojectsfor
which reimbursement resolutions were previously approved by the City Council on
December 20, 2022 and June 27, 2023 totaling $65,300,000. The first tranche of
CertificatesofObligationtofundtheseprojectswasissuedonJuly11,2023inthe
amount of$15,000,000.Thisitemisforthesecondtranchetocompletefundingforthese
projects.
This item is required by Texas Local Government Code 271.049.
ThetotalamountsofCertificatesofObligationtobeissuedwillbeanamountnotto
exceed$50,005,000andwillbeusedtofundthefollowingprojects:
Parks:
SouthBayPark$815,000
SolidWaste:
C.ValenzuelaGasCollectionSystem–3C1,300,000
C.ValenzuelaLandfillExpansion250,000
C.ValenzuelaLandfillRoadImprovements3,500,000
C.ValenzuelaLandfillSector2ACellsdevelopment651,892
J.C.ElliottLandfillRoadImprovements4,900,000
Streets:
Alameda(TexanTrailtoChamberlain)2,017,404
Everhart(AlamedatoStaples)2,080,797
Everhart(SPIDtoMcArdle)637,730
Everhart(StaplestoMcArdle)848,176
LeopardSt(CrosstownExpresswaytoPalmDr)1,000,000
McArdle(KostoryztoCarrollLane)3,102,418
NorthLexington(LeopardtoHopkins)2,731,613
Facilities:
CityHallCouncilChambersRenovationsPh.1/Ph.2625,540
CityHallFencingandGates608,180
CityHallLightingImprovements217,904
CityHallParkingLot830,887
CityHallRoof480,000
FacilitiesAdministrativeOffices495,975
FleetAdministrative&PartsFacility556,062
FleetVehicleWashFacility186,682
Fire:
FireDeptHQ-DevServicesFoundationRepair53,338
FireStation#36,680,000
Police:
PoliceHeadquarters400,000
PoliceTrainingAcademy12,207,536
PublicHealth:
PublicHealthDepartmentBuildingImprovements2,825,140
$50,002,274
The total amount recommended to be funded with Certificatesof Obligation isan
amount nottoexceed$50,005,000.StatelawrequiresthattheCitypublishanoticeofits
intention toissuethecertificatesofobligationonceaweekfortwoconsecutiveweeks,
th
withthefirst publicationbeingbeforethe45daybeforethedatetentativelysetforthe
passageofthe ordinance authorizing the issuance of the Certificates of Obligation. The
notice must also be posted on the City’s website continuouslyforthesametimeperiod.
Thisnotice isfor the maximum amountof Certificatesof Obligation that the City intends
to issue, including issuance costs.The Citycan issue less thanthe amountnoticed but
cannot exceed the noticed amount.
The City is planning to publish the notice of intention in the
Corpus Christi Caller-Times
on Sunday, March 24, 2024, and Sunday, March 31, 2024.The ordinance authorizing
the delegation of the issuance of the Certificates of Obligation is scheduled as a first
readingonApril23,2024,withasecondandfinalreadingonMay14,2024,incompliance
with State law.
ALTERNATIVES:
The City Council could choose not to approve the notice of intention, and the City would
not be able to issue Certificates of Obligation to fund the projects.
FISCALIMPACT:
Thereisnofiscalimpactasaresultofthenoticeofintention.TheCityCouncilmaychoose
not to issue the Certificates of Obligation after the notice period.
RECOMMENDATION:
Staff recommends approval of the resolution authorizing and approving the notice of
intentiontoissuenotmorethan$50,005,000inCertificatesofObligationforcertain
facility construction and capital improvements.
LISTOFSUPPORTINGDOCUMENTS:
Resolution
Presentation
RESOLUTION
RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS AUTHORIZING AND APPROVING PUBLICATION OF
NOTICE OF INTENTION TO ISSUE NOT MORE THAN $50,005,000 OF
CERTIFICATES OF OBLIGATION, IN ONE OR MORE SERIES, FOR
CERTAIN FACILITY CONSTRUCTION AND CAPTIAL
IMPROVEMENTS, AS INCLUDED AND APPROVED IN THE FISCAL
YEAR 2024 CAPITAL BUDGET; COMPLYING WITH THE
REQUIREMENTS CONTAINED IN SECURITIES AND EXCHANGE
COMMISSION RULE 15c2-12; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council (the City Council) of the City of Corpus Christi, Texas (the
City) has determined that it is advisable and necessary to issue and sell one or more series of
certificates of obligation (the Certificates) as taxable or tax-exempt obligations and in an aggregate
amount not to exceed $50,005,000 as provided pursuant to the provisions of the Certificate of
Obligation Act of 1971, as amended, Texas Local Government Code, Section 271.041 through
Section 271.064, for the purpose of paying contractual obligations of the City to be incurred for
making permanent public improvements and for other public purposes, to-wit: (1) (a) constructing,
acquiring, purchasing, renovating, enlarging, and improving City administrative facilities and
signage, including renovations and improvements to City Hall and a new public works department
facility for City vehicles, (b) constructing, acquiring, purchasing, renovating, enlarging, and
improving City public health facilities and signage, including renovations and improvements to
enlarging, and improving City public safety facilities and signage, including a Training Academy
and a new fire station, (d) designing, demolishing, constructing, renovating, improving,
reconstructing, restructuring and extending streets and thoroughfares and related land and right-
of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and
rights-of-way necessary thereto or incidental therewith, (e) constructing, acquiring, purchasing,
renovating, enlarging, and improving City solid waste facilities, including landfill site
development, a gas collection and control system, and related road improvements, and (f)
constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities,
including South Bay Park and City golf courses; (2) the purchase of materials, supplies, equipment,
machinery, landscaping, land, and rights-of-way for authorized needs and purposes; and (3) the
payment of professional services related to the design, construction, management and financing of
the aforementioned projects; and
WHEREAS, prior to the offering, sale, and issuance of the Certificates, the appropriate
official statement (the Official Statement) in order to comply with the requirements contained in
17 C.F.R. §240.15c2-12 (the Securities and Exchange Commission Rule); and
WHEREAS, based upon their review of the Official Statement, the appropriate officials of
the City must find to the best of their knowledge and belief, after reasonable investigation, that the
representations of facts pertaining to the City contained in the Official Statement are true and
correct and that, except as disclosed in the Official Statement, there are no facts pertaining to the
136348018.5
City that would adversely affect the issuance of the Certif
service requirements on the Certificates when due; and
WHEREAS, the City Council will comply with the requirements contained in the
Securities and Exchange Commission Rule concerning the creation of a contractual obligation
between the City and the proposed purchaser(s) of the Certificates (the Purchasers) to provide the
Purchasers with an Official Statement in a time and manner that will enable the Purchasers to
comply with the distribution requirements and continuing disclosure requirements contained in the
Securities and Exchange Commission Rule; and
WHEREAS, the City Council authorizes the City Manager, any Assistant City Manager,
the Chief Financial Officer, the Director of Finance and Procurement, and the City Attorney, as
appropriate, or their designees, to review, approve, and execute any document or certificate in
order to allow the City to comply with the requirements contained in the Securities and Exchange
Commission Rule; and
WHEREAS, prior to the issuance of the Certificates, the City Council is required to publish
notice of its intention to issue the Certificates in a newspaper of general circulation in the City,
s internet
website, such notice stating (i) the time and place the City Council tentatively proposes to pass the
ordinance authorizing the issuance of the Certificates, (ii) the purposes for which the Certificates
are to be issued, (iii) the manner in which the City Council proposes to pay the Certificates; (iv) the
then-current principal amount of all outstanding ad valorem debt obligations of the City; (v) the
then-current combined principal and interest required to pay all outstanding ad valorem debt
obl
to the interest due on any variable rate ad valorem debt obligations; (vi) the maximum principal
amount of the Certificates to be authorized; (vii) the estimated interest rate for the Certificates to
be authorized or that the maximum interest rate for the Certificates may not exceed the maximum
legal interest rate; and (viii) the maximum maturity date of the Certificates to be authorized; and
WHEREAS, the City Council hereby finds and determines that such documents pertaining
to the sale of the Certificates should be approved, and the City should proceed with the giving of
notice of intention to issue the Certificates in the time, form, and manner provided by law; and
WHEREAS, the City Council hereby finds and determines that the adoption of this
Resolution is in the best interests of the residents of the City; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1: The City Secretary is hereby authorized and directed to cause notice to be
$50,005,000 for the purpose of paying contractual obligations of the City to be incurred for making
permanent public improvements and for other public purposes, to-wit: (1) (a) constructing,
acquiring, purchasing, renovating, enlarging, and improving City administrative facilities and
signage, including renovations and improvements to City Hall and a new public works department
facility for City vehicles, (b) constructing, acquiring, purchasing, renovating, enlarging, and
136348018.5 -2-
improving City public health facilities and signage, including renovations and improvements to
department building, (c) constructing, acquiring, purchasing, renovating,
enlarging, and improving City public safety facilities and signage, including a Training Academy
and a new fire station, (d) designing, demolishing, constructing, renovating, improving,
reconstructing, restructuring and extending streets and thoroughfares and related land and right-
of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and
rights-of-way necessary thereto or incidental therewith, (e) constructing, acquiring, purchasing,
renovating, enlarging, and improving City solid waste facilities, including landfill site
development, a gas collection and control system, and related road improvements, and (f)
constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities,
including South Bay Park and City golf courses; (2) the purchase of materials, supplies, equipment,
machinery, landscaping, land, and rights-of-way for authorized needs and purposes; and (3) the
payment of professional services related to the design, construction, management and financing of
the aforementioned projects. The Certificates will be payable from the levy of an annual ad
valorem tax, within the limitations prescribed by law, upon all taxable property within the City
and additionally from a pledge of and lien on certain revenues derived from the operation of the
published shall read substantially in the form and content of Exhibit A attached hereto, which
notice is incorporated herein by reference as a part of this Resolution for all purposes.
SECTION 2: The City Secretary shall cause the notice described in Section 1 to be
published in a newspaper of general circulation in the City, once a week for two consecutive weeks,
the date of the first publication shall be at least forty-six (46) days prior to the date stated therein
for passage of the ordinance authorizing the issuance of the Certificates. Additionally, the City
Secretary shall cause the notice described in Section 1 to be posted continuously on the Ci
website for at least forty-five (45) days prior to the date stated therein for passage of the ordinance
authorizing the issuance of the Certificates.
SECTION 3: The City Manager, any Assistant City Manager, the Chief Financial Officer,
the Director of Finance and Procurement, and the City Attorney, as appropriate, or their designees,
are authorized to review and approve the Official Statement pertaining to the offering, sale, and
issuance of the Certificates and to execute any document or certificate in order to comply with the
requirements contained in the Securities and Exchange Commission Rule.
SECTION 4. The recitals contained in the preamble hereof are hereby found to be true,
and such recitals are hereby made a part of this Resolution for all purposes and are adopted as a
part of the judgment and findings of the City Council.
SECTION 5: All ordinances and resolutions, or parts thereof, which are in conflict or
inconsistent with any provision of this Resolution are hereby repealed to the extent of such conflict,
and the provisions of this Resolution shall be and remain controlling as to the matters resolved
herein.
SECTION 6: This Resolution shall be construed and enforced in accordance with the laws
of the State of Texas and the United States of America.
136348018.5 -3-
SECTION 7: If any provision of this Resolution or the application thereof to any person
or circumstance shall be held to be invalid, the remainder of this Resolution and the application of
such provision to other persons and circumstances shall nevertheless be valid, and the City Council
hereby declares that this Resolution would have been enacted without such invalid provision.
SECTION 8: It is officially found, determined, and declared that the meeting at which
this Resolution is adopted was open to the public and public notice of the time, place, and subject
matter of the public business to be considered at such meeting, including this Resolution, was
given, all as required by Chapter 551, as amended, Texas Government Code.
SECTION 9: This Resolution shall be in force and effect from and after the date of its
adoption, and it is so resolved.
\[The remainder of this page intentionally left blank.\]
136348018.5 -4-
PASSED AND APPROVED, this the ____ day of _______, 2024.
CITY OF CORPUS CHRISTI, TEXAS
____________________________________
Mayor
ATTEST:
____________________________________
City Secretary
(CITY SEAL)
APPROVED THIS ____DAY OF ________, 2024:
_____________________________________
Miles Risley, City Attorney
136348018.5 S-1
Exhibit A
NOTICE OF INTENTION TO ISSUE
CITY OF CORPUS CHRISTI, TEXAS
CERTIFICATES OF OBLIGATION
NOTICE IS HEREBY GIVEN that the City Council of the City of Corpus Christi, Texas
will convene at its regular meeting place in the City Hall in Corpus Christi, Texas, beginning at
11:30 A.M., Corpus Christi, Texas time on Tuesday, April 23, 2024, to consider at its first reading,
and beginning at 11:30 A.M., Corpus Christi, Texas time on Tuesday, May 14, 2024, to consider
at its second and final reading the passage of an ordinance or ordinances and take such other actions
as may be deemed necessary to authorize the issuance of one or more series of certificates of
obligation, as taxable or tax-exempt obligations, in an aggregate principal amount not to exceed
$50,005,000 for the purpose or purposes of paying contractual obligations of the City to be
incurred for making permanent public improvements and for other public purposes, to-wit: (1) (a)
constructing, acquiring, purchasing, renovating, enlarging, and improving City administrative
facilities and signage, including renovations and improvements to City Hall and a new public
works department facility for City vehicles, (b) constructing, acquiring, purchasing, renovating,
enlarging, and improving City public health facilities and signage, including renovations and
g,
purchasing, renovating, enlarging, and improving City public safety facilities and signage,
including a Training Academy and a new fire station, (d) designing, demolishing, constructing,
renovating, improving, reconstructing, restructuring and extending streets and thoroughfares and
related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage,
acquiring lands and rights-of-way necessary thereto or incidental therewith, (e) constructing,
acquiring, purchasing, renovating, enlarging, and improving City solid waste facilities, including
landfill site development, a gas collection and control system, and related road improvements, and
(f) constructing, acquiring, purchasing, renovating, enlarging, and improving City park facilities,
including South Bay Park and City golf courses; (2) the purchase of materials, supplies, equipment,
machinery, landscaping, land, and rights-of-way for authorized needs and purposes; and (3) the
payment of professional services related to the design, construction, management and financing of
the aforementioned projects. The certificates of obligation (the Certificates) will be payable from
the levy of an annual ad valorem tax, within the limitations prescribed by law, upon all taxable
property within the City and from a lien on and pledge of certain revenues derived by the City
271.049, as amended, Texas Local Government Code, (i) the current principal amount of all of the
by and payable from ad valorem taxes is
$461,175,000.00
outstanding public securities secured by and payable from ad valorem taxes on time and in full is
$603,546,320.68; (iii) the estimated combined principal and interest required to pay the
Certificates to be authorized on time and in full is $73,514,803.75; (iv) the maximum interest rate
for the Certificates may not exceed the maximum legal interest rate; and (v) the maximum maturity
date of the Certificates to be authorized is March 1, 2044. The Certificates are to be issued, and
this notice is given, under and pursuant to the provisions of the Certificate of Obligation Act of
1971, as amended, Texas Local Government Code Section 271.041 through Section 271.064,
136348018.5 A-1
Rule Charter.
/s/ Rebecca Huerta
City Secretary,
City of Corpus Christi, Texas
136348018.5 A-2
NoticeofIntentiontoIssue
CertificatesofObligation
CityCouncil Meeting
March 19, 2023
FinancingCapitalProjects
•ProjectshavebeenapprovedbytheCity
CouncilintheCapitalBudgetandarein
progress
•Thisactionisthefirststepintheissuanceof
$50,005,000ofCertificatesofObligation
neededtocompletetheseprojects
2
Today’s Action
•CityCouncilisconsideringanauthorizationto
publishaNoticeofIntentionasrequiredbyState
lawtoissueCertificatesofObligation(CO’s)for
previouslyCityCouncilapprovedprojects
•TheNoticeofIntentionsetsthelimitonthe
amountofCO’sthatcanbeissued.
3
StepsforIssuance
SpecificstepsmustbefollowedperStatelawforthe
issuanceofCertificatesofObligation(COs)
•March 19, 2024 -AuthorizationandapprovaltopublishNoticeof
Intention(NOI)
•Noticemustbepublishedtwiceatleast45dayspriortoCity Council action
to issue COs togivenoticetothepublicoftheintentiontoissueCOdebt
thst
•March 24andMarch 31–PublishNOI intheCorpusChristiCaller-Times
•April23,2024-Firstreadingofordinancetoauthorize
delegationofauthorityfortheissuanceoftheCOs
•May14,2024-Secondreadingandadoptionofordinance
authorizingdelegationofauthority.Mustbeatleast45daysafter
firstNOIispublishedinthenewspaper
•June25,2024-CloseonCOfinancingsandreceiveproceeds
4
ProjectsFundedwith
CertificatesofObligation
Approvedin the FY 2024 Capital Budget -$50,002,274
Parks:
SouthBayPark $815,000
SolidWaste: *
C.ValenzuelaGasCollectionSystem–3C$1,300,000
C.ValenzuelaLandfillExpansion250,000
C.ValenzuelaLandfillRoadImprovements3,500,000
C.ValenzuelaLandfillSector2ACellsdevelopment651,892
J.C.ElliottLandfillRoadImprovements4,900,000
$10,601,892
Streets:
Alameda(TexanTrailtoChamberlain)$2,017,404
Everhart(AlamedatoStaples)2,080,797
Everhart(SPIDtoMcArdle)637,730
Everhart(StaplestoMcArdle)848,176
LeopardSt(CrosstownExpresswaytoPalmDr)1,000,000
McArdle(KostoryztoCarrollLane)3,102,418
NorthLexington(LeopardtoHopkins)2,731,613
$12,418,138
(continued on next slide)
*Selfsupportedproject
5
ProjectsFundedwith
CertificatesofObligation
Approvedin the FY 2024 Capital Budget -$50,002,274
(continued from previous slide)
Facilities:
CityHallCouncilChambersRenovationsPh.1/Ph.2$625,540
CityHallFencingandGates608,180
CityHallLightingImprovements217,904
CityHallParkingLot830,887
CityHallRoof480,000
FacilitiesAdministrativeOffices495,975
FleetAdministrative&PartsFacility556,062
FleetVehicleWashFacility186,682
$4,001,230
Fire:
FireDeptHQ-DevServicesFoundationRepair$53,338
FireStation#36,680,000
$6,733,338
Police:
PoliceHeadquarters$400,000
PoliceTrainingAcademy12,207,536
$12,607,536
PublicHealth:
PublicHealthDepartmentBuildingImprovements$2,825,140
6
QUESTIONS?
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 13, 2024
TO: Mayor & Council
FROM: Rebecca L. Huerta, City Secretary
RebeccaH@cctexas.com
(361) 826-3105
Resolution authorizing the naming of the City Council Chambers to the Mayor Betty
Turner Council Chambers.
CAPTION:
Resolution of the Corpus Christi City Council naming and dedicating the City Council Chambers
first female Mayor, and naming the City
Council Chambers in her honor to recognize and commemorate Mayor Betty Turner for her
extraordinary civic contributions to the City of Corpus Christi and her extraordinary devotion to
serving its people.
SUMMARY:
Mayor Paulette M. Guajardo initiated a request to name the recently renovated City Council
Chambers in honor of the late Mayor Betty Turner. Mayor Turner passed away on January 26,
2024.
BACKGROUND AND FINDINGS:
respected and dedicated advocate for the community. Her accomplishments include the
following: assisted in preventing the closure of Naval Air Station Corpus Christi, advocated for
the preservation of the naval base hospital, and co-chaired the effort to establish the Regional
Transportation Authority. As President and CEO of the Corpus Christi Chamber of Commerce,
she played a critical role in promoting collaboration between the city and the military.
FISCAL IMPACT:
The fiscal impact will be minimal. The lettering above the Council Chambers doors will be
modified to include the late
installed on the wall at the entrance of the Council Chambers.
Funding Detail:N/A
Fund:
Organization/Activity:
Department:
Project # (CIP Only):
Account:
RECOMMENDATION:
Approval of the resolution.
SUPPORTING DOCUMENTS:
Resolution
PASSED and APPROVED on the _____ day of March, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Brandon Wade, Fire Chief
brandonw@cctexas.com
(361) 826-3900
Authorization to submit six grant applications to the Office of the Governor, Public
Safety Office Homeland Security Grant Division by the Corpus Christi Fire
Department
CAPTION:
Resolution authorizing the submission of six grant applications to the Public Safety Office
Homeland Security Grants Division for the State Homeland Security Program for equipment to
help prevent terrorism and other catastrophic events for public safety such as Hazmat Response
Team equipment, bomb squad, Special Weapons and Tactics team equipment, and the Corpus
Christi Fire Department in an amount of $841,256.97.
SUMMARY:
This resolution authorizes the submission of six grant applications to the Public Safety Office
Homeland Security Grants Division for the State Homeland Security Program in the amount of
$841,256.97. If awarded, the grant funds will support both Corpus Christi Fire Department and
Corpus Christi Police functions, including equipment for the AMBUS,
Hazmat Response Team, bomb squad, and Special Weapons and Tactics (SWAT) team.
BACKGROUND AND FINDINGS:
The State Homeland Security Program issues grants on an annual basis in order to improve state
and local efforts in responding to potential acts of terrorism and catastrophic events. Qualifying
uses of the grant funds include purchasing advanced equipment and training. Since 2002, the
United States Department of Homeland Security has issued grants to the State of Texas, who in
turn awards the grants to municipalities through its State Homeland Security Program.
For FY 2024, the Corpus Christ Fire Department (CCFD) is applying for six grants to fund the
following projects: 1) SWAT Protective Equipment; 2) Bomb Squad X-ray Equipment; 3) CCPD
Bomb Squad Detection Equipment; 4) Bomb Squad Response Vehicle; 5) CCFD Hazmat
equipment, which will enhance chemical agent detection capabilities; 6) CCFD AMBUS
Equipment, which will provide equipment to increase large scale response capabilities.
The SWAT protective equipment consists of night vision goggles for all SWAT Team members.
The Bomb Squad X-ray equipment will consist of four replacement X-ray kits to replace the current
equipment which has reached the end of its useful life. The CCPD bomb detection equipment will
consist of one replacement robot that serves as an alternative to personnel when approaching
explosive devices. The Bomb Squad response vehicle is an additional response vehicle that will
be used to transport Bomb Squad equipmentthat is used to screen, detect, and dispose of
explosive devices. The CCFD HAZMAT equipment will consists of an additional chemical detector
and an additional particulate meter that provides airborne particulate concentrations for lead, coal,
dry chemicals, fumes, smoke, paint spray, and other matter. The CCFD AMBUS equipment will
consist of one additional LifePak defibrillator.
Listed in the table below are the six projects and the funding amounts for each of the grant
applications that CCFD is submitting for.
Project Title Amount Requested
SWAT Protective Equipment $ 165,225.00
Bomb Squad X-ray Equipment $ 195,567.11
CCPD Bomb Detection Equipment $ 261,826.00
Bomb Squad Response Vehicle $ 109,507.75
CCFD Hazmat Equipment $ 58,831.23
CCFD AMBUS Equipment $ 50,299.88
TOTAL REQUESTED $ 841,256.97
The City has received funds from this grant for the past 22 years. Last year, the City received
$181,346.31.
ALTERNATIVES:
The alternative is not to submit the six grant applications and find other funding sources for the
critical equipment for the various City departments. This funding is not included in the FY 2024
General Fund budget. If the funding is not awarded through this grant, the City will need to identify
alternate funding in order to purchase the equipment.
FISCAL IMPACT:
If awarded, grant monies will be appropriated in FY 2025 Fire Grants Fund.
RECOMMENDATION:
Staff recommends authorizing the Corpus Christi Fire Department to submit the six grant
applications, as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
Resolution authorizing the submission of six grant applications to the Public
Safety Office - Homeland Security Grants Division for the State Homeland
Security Program for equipment to help prevent terrorism and other
catastrophic events for various functions of public safety such as equipment
for Hazmat Response Team, bomb squad, Special Weapons and Tactics
team, and the Corpus Christi Fire Department in an amount of $841,256.97.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS THAT:
SECTION 1. The City Council authorizes the City Manager or designee to submit six grant
applications to the Public Safety Office Homeland Security Grants Division for the State
Homeland Security Program for a total of $841,256.97.
SECTION 2. There is no City cash match or in-kind services for these grants.
SECTION 3. The City Manager or designee may apply for, accept, reject, alter, or
terminate the grant.
SECTION 4. The City of Corpus Christi designates the Fire Chief and the Chief of Police
as s. The authorized officials are given the power to apply for,
accept, reject, alter, or terminate the funding on behalf of the applicant agency.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
AGENDA MEMORANDUM
Action Item for the City Council Meeting of March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Utility Relocation Reimbursement Agreement
Rodd Field (Yorktown Boulevard to Adler Drive)
(Bond 2020, Proposition A)
AEP Agreement
CAPTION:
Motion authorizing a Utility Relocation Reimbursement Agreement with AEP Texas Inc., with
payment by the City in the amount of $396,717.00 for AEP to modify/relocate a guy wire located
on the Rodd Field Road Construction Project, located in City Council District 5 with FY 2024
funding available from the Bond 2020 program.
SUMMARY:
This motion authorizes a utility relocation reimbursement agreement with AEP Texas to
modify/relocate AEP guy wire holding transmission line tower for Rodd Field Road Construction
Project.
BACKGROUND AND FINDINGS:
Rodd Field Road from Yorktown Boulevard to Adler Drive is currently under construction. The
construction contract was authorized by the Council on June 27, 2023. There is an existing AEP
guy wire holding transmission line tower in the existing AEP easement that conflicts with the
proposed road alignment. The existing guy wire is located in a private easement owned by AEP
AEP has submitted a sworn affidavit
and supporting documentation shows AEP
requires the City to compensate AEP for relocation expenses. The guy wire must be relocated
by AEP to complete the road construction. Per state law, the City must pay for the relocation of
the guy wire. The City has reviewed all documentation and the estimated costs to relocate the
guy wire.
This item will require AEP to modify/relocate the guy wire, and the City agrees to compensate
AEP in the amount of $396,717.00.
PROJECT TIMELINE:
AEP Texas will start work in mid-March and complete work by the end of the month.
ALTERNATIVES:
An alternative is to not proceed with the agreement which will be a safety hazard to traffic travelling
on the new construction of Rodd Field Road from Yorktown to Adler.
FISCAL IMPACT:
This fiscal impact for FY 2024 is an amount of $396,717.00 to modify/relocate AEP facility for
Rodd Field Road Construction Project, with funding available from Bond 2020 Proposition A.
FUNDING DETAIL:
This project is listed in the Bond 2020 Proposition A.
Fund: Street - ST2021 Bd 20 A (Fund 3558)
Dept: Streets (33)
Project No.: 21064 Rodd Field (Yorktown to Adler)
Account: Construction Contract (550910)
Activity: 21064-3558-EXP
Amount $396,717.00
RECOMMENDATION:
Staff recommends authorizing a construction services agreement with AEP Texas in the amount
of $396,717.00 to modify/relocate guy wires holding transmission line tower.
LIST OF SUPPORTING DOCUMENTS:
City-AEP Relocation Agreement
Location Map
CIP Page
Presentation
UTILITY RELOCATION REIMBURSEMENTAGREEMENT
This Utility Relocation Reimbursement Agreement is entered into between
the City of Corpus Christi, Texas ("City") and AEP Texas, Inc., a Delaware corporation
(the "Utility").
WHEREAS, voters approved the Rodd Field Road, from Yorktown Boulevard to Adler,
improvement project (Project) in Bond 2020, Proposition A;
WHEREAS, the Utilityperform certain facility
;
WHEREAS, Utility is the owner of certain facilities located within the proposed right of
way for the Project;
WHEREAS, Utility has submitted a sworn affidavit and supporting documentation
attached as Exhibit A that shows Utility has a property inte
that requires the City to compensate Utility for reasonable relocation expenses; and
WHEREAS, Utility has completed the design of the Work. The plans, specifications and
detailed construction estimate is attached as Exhibit B; and
WHEREAS, this Agreement sets forth the terms and conditions by which Utility will be
reimbursed for qualifying relocation costs.
NOW, THEREFORE, the City and Utility agree as follows:
1. Utility agrees to promptly commence the Work upon approval and execution of this
Agreement.
2. The estimate for the Work to be performed as shown in Exhibit B is $396,717.00
) which City acknowledges is reasonable. City agrees to compensate Utility
for 100% of the actual final costs that Utility incurs in its performance of the Work
. Such actual
final costs may be more or less than the Estimate. Exhibit B is only an estimate of the
scope of the Work and the costs of performing the Work. City understands and agrees
that the actual scope and cost of performing the Work may deviate from that shown in
Exhibit B.
3. Upon completion of the Work, Utility shall submit an invoice to the City that reflects
the final actual costs that Utility has incurred in performing the Work. Utility will provide
the City, upon request, with receipts and records reasonably required to verify
determination of the final actual costs incurred in performing the Work.
Page 1 of 4
4.City shall pay Utility within 30 days of receipt of such invoice, and support
documentation if requested.
5. General Terms and Conditions:
A. Entire Agreement. This Agreement contains the entire agreement of the Parties
and there are no other agreements or promises, oral or written between the Parties
regarding the subject matter of this Agreement. This Agreement can be amended
only by written agreement signed by the Parties. This Agreement supersedes all
other agreements between the Parties concerning the subject matter hereof.
B. Notice. Any notice given under this Agreement must be in writing and may be
given: (i) by depositing it in the United States mail, certified, with return receipt
requested, addressed to the party to be notified and with all charges prepaid; (ii)
personally delivering it to the party, or any agent of the party listed in this
Agreement; or (iv) by email. Notice by United States mail will be effective on the
earlier of the date of receipt or 3 days after the date of mailing. Notice given in any
other manner will be effective only when received. For purposes of notice, the
addresses of the Parties will, until changed as provided below, be as follows:
City: City of Corpus Christi
Attn: Jeff H. Edmonds, P.E.
Director of Engineering Services
rd
1201 Leopard Street, 3 Floor
Corpus Christi TX 78401
Email:
With Copy to: City of Corpus Christi
Attn: City Attorney
th
1201 Leopard Street, 5 Floor
Corpus Christi TX 78401
Email:
Utility: AEP Texas, Inc.
Attn: Nick Curiel
AEP Transmission Right of Way Supervisor
AEP Texas
539 Carancahua Street
Corpus Christi, Texas 78401
Email: ncuriel@aep.com
The Parties may change their respective addresses to any other address
within the United States of America by giving at least 5 day
Page 2 of 4
other party. The Utility
designate additional parties to receive copies of notices under this Agreement.
C. Severability; Waiver. If any provision of this Agreement is illegal, invalid, or
unenforceable, under present or future laws, it is the intention of the Parties that
the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid,
or unenforceable provision, that a provision be added to this Agreement which is
legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or
enforceable provision as is possible. Each of the rights and obligations of the
Parties hereto are separate covenants. Any failure by a party to insist upon strict
performance by the other party of any provision of this Agreement will not be
deemed a waiver of such provision or of any other provision, and such party may
at any time thereafter insist upon strict performance of any and all of the provisions
of this Agreement.
D. Applicable Law and Venue. The laws of the State of Texas govern the
interpretation, performance, enforcement and validity of this Agreement. Venue
will be in a court of appropriate jurisdiction in Nueces County, Texas.
E. Exhibits, Headings. All schedules and exhibits referred to in or attached to this
Agreement are incorporated into and made a part of this Agreement for all
purposes. The section headings contained in this Agreement are for convenience
only and do not enlarge or limit the scope or meaning of the sections.
F. Authority for Execution. The City certifies, represents and warrants that the
execution of this Agreement is duly authorized and adopted in conformity with City
ordinances. The Utility hereby certifies, represents and warrants that the execution
of this Agreement is duly authorized and adopted in conformity with the certificate
of formation and organizational documents.
G. Relationship of Parties. In performing this Agreement, both the City and Utility will
act in an individual capacity, and not as agents, representatives, employees,
employers, partners, joint-venturers, or associates of one another. The employees
or agents of either party may not be, nor be construed to be, the employees or
agents of the other party for any purpose.
H. Survival of Terms. All representations, warranties, covenants and agreements of
the Parties, as well as any rights and benefits of the Parties pertaining to the
transaction contemplated hereby, will survive the original execution date of this
agreement.
I. Disclosure of Interests. The Utility further agrees to complete and file all statements
and disclosures necessary for Utility to comply with the provisions of City
Ordinance No. 17112 (codified as Section 2-349 of the City Code) as part of this
Agreement.
Page 3 of 4
This Agreement becomes effective on the date that the last party signs and shall remain
in effect until payment has been made.
CITY OF CORPUS CHRISTI AEP TEXAS, INC.
____________________________________ _____________________________________
J.H. Edmonds, P. E. Date Date
Director of Engineering Services
____________________________________
Assistant City Attorney Date
ATTEST
____________________________________
City Secretary Date
Page 4 of 4
Exhibit A
Form ROW-U-1A
Rev. 5/2016
Page 1 of 2
AFFIDAVIT
(for Utility Owner)
Project No. 21064 Rodd Field Road (Bond 2020)
THE STATE OF TEXAS §
§
COUNTY OF NUECES §
BEFORE ME, THE UNDERSIGNED AUTHORITY, on this day personally appeared Nick Curiel, Transmission Right
of Way Supervisor for AEP TEXAS INC. AEP Texas
and says as follows:
"I, Nick Curiel, am over the age of 18 years and am fully competent to testify to the matters set forth in this
Affidavit. I have personal knowledge of all facts and swear that such facts are true and correct.
1. The property at issue is a portion of Lots 1 and 16 in Section 24 of the Flour Bluff and Encinal Farm and
Garden Tracts, and a portion of Lots 17 and 32 in Section 25 of the Flour Bluff and Encinal Farm and Garden
Tracts, Corpus Christi, Nueces County Texas. The property is located at the intersection of Rodd Field Road
and Saratoga Blvd. in Corpus Christi, Texas;
2. I am the Transmission Right of Way Supervisor for AEP Texas, and in that capacity, I am responsible for
transmission rights of way in the AEP Texas service area, including specifically transmission rights of way in
the Corpus Christi area. I am familiar with the AEP Texas 138 kV transmission line installed on the above-
referenced property, including the transmission facilities installed at the intersection of Rodd Field Road and
Saratoga Blvd, in Corpus Christi, Texas. I have recently personally inspected these transmission facilities, and
can attest to their current condition and state of operation;
3. AEP Texas originally installed, and currently owns, maintains and operates, the above-referenced 138 kV
transmission line facilities pursuant to a transmission Right of Way and Easement from Ray E. Peterson and
wife, Christiana Peterson, dated February 25, 1974, and recorded in Volume 1495, Page 758 of the Deed
Records of Nueces County, Texas;
4. AEP Texas has continuously maintained and operated its 138 kV transmission line facilities at their current
location along Saratoga Blvd., including facilities at the intersection of Rodd Field Road and Saratoga Blvd.
pursuant to the terms of the above-referenced easement;
5. line facilities along Saratoga Blvd., including facilities at the intersection
of Rodd Field Road and Saratoga Blvd., are currently energized and operating as an integral part of
transmission grid;
6. AEP Texas has continuously maintained and operated its 138 kV transmission line facilities at their current
location along Saratoga Blvd., including facilities at the intersection of Rodd Field Road and Saratoga Blvd.,
since their original construction in 1974 pursuant to the terms of the above-referenced easement.
Nick Curiel,
Transmission Right of Way Supervisor
AEP Texas Inc.
Form ROW-U-1A
Rev. 5/2016
Page 2 of 2
Corporate Acknowledgment
State of Texas
County of Nueces
This instrument was acknowledged before me on __________________, 2024 by Nick Curiel, Transmission Right
of Way Supervisor for AEP Texas Inc., a Delaware corporation, on behalf of said corporation.
________________________________________
Notary Public's Signature
Exhibit B - Page 1 of 2
Exhibit B - Page 2 of 2
Project Location
Location Map
Text
LEGEND
NEW RODD FIELD ROAD
AEP GUY WIRE
PROJECT NO. 21064
1
CITY COUNCIL EXHIBIT
RODD FIELD -
CITY OF CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
YORKTOWN TO ADLER
thru
20242026
Capital Improvement Plan
City of Corpus Christi, Texas
Project #
21064
Project Name
Rodd Field (Yorktown to Adler)
Public Works
Department
Improvement/Additions
Type
25 yearsDirector of Public Works
Useful LifeContact
Street-Rehabilitation
Category
Critical- Condition\\longevity
Priority
5
Council District
Status Active
Description
This project includes construction of a new 2-lane roadway, new curb and gutter, sidewalks, ADA ramps, signage, pavement markings and street
lighting. Project reconfiguration of Rodd Field/Yorktown Intersection. Utility improvements include water, wastewater, storm water,
and gas. This project is currently construction
Justification
This project will
ExpendituresPrior Years202420252026Total
Construction/Rehab
Design
Storm Water-St.
Wasteater-St
Water-St.
Gas-St.
Eng, Admin Reimbursements
Total
Funding SourcesPrior Years202420252026Total
G.O.Bond 2020
Revenue Bonds
Total
Budget Impact/Other
There is no projected operational impact with this project, at this time. Once the project is completed it will be added to the Street Preventative
Maintenance Program.
263
Rodd Field (Yorktown Boulevard to Adler Drive)
(Bond 2020, Proposition A)
AEP Agreement
Council Presentation
March 19, 2024
1
Project Location
2
Project Scope
ThismotionauthorizesaconstructionservicesagreementwithAEPTexas
tomodify/relocateAEPguywireholdingtransmissionlinetowerforRodd
FieldRoadConstructionProject.
3
AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Miles Risley
milesr@cctexas.com
(361) 826-3873
Resolution suspending the April 4, 2024
requested rate change
CAPTION:
other cities served by AEP Texas, authorizing participation in the PUC rate proceedings, hiring
consultants, and requiring reimbursement of City rate case expenses.
SUMMARY:
On February 29, 2024, AEP Texas filed a request to change the rates it charges for the use of its
transmission and distribution lines and related service with the Texas PUC. Once a rate case is
filed, City must act within 35 days to adopt a Resolution to Suspend the Effective Date to allow
more time to review the filing. This resolution will also authorize the City to intervene and hire
consultants.
BACKGROUND AND FINDINGS:
Transmission and Distribution (T&D) costs are still provided via regulated monopolies. Electric
companies use City rights-of-way to distribute electricity; therefore, Cities are the traditional check
on unlimited power of monopoly utilities to pass unlimited T&D costs to ratepayers in their
jurisdictions. Cities intervene in rate cases to make utilities prove their claimed expenses are
properly chargeable to ratepayers & limit their rates of return.
AEP Texas Inc filed an application on February 29, 2024, with cities retaining original jurisdiction
seeking to increase system-wide distribution rates by $110.4 million per year (an increase of
13.1%) and increase system-wide transmission rates by $63.1 million (an increase of 9.29%).
According to AEP Texas, the impact of this approval on an average residential customer would
be an increase of about $4.59 per month.
The law provides that a rate request made by an electric utility cannot become effective until at
least 35 days following the filing of the application to change rates. The law permits the City to
C:\\Users\\ufc-prod\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 8\\@BCL@98140B86\\@BCL@98140B86.docx
suspend the rate change for 90 days after the date the rate change would otherwise be effective.
PROCUREMENT DETAIL: .
ALTERNATIVES: If the City fails to take some action regarding the filing before the effective date,
FISCAL IMPACT:
FUNDING DETAIL: N/A
RECOMMENDATION: Staff recommends approval of this resolution.
LIST OF SUPPORTING DOCUMENTS: Resolution
C:\\Users\\ufc-prod\\AppData\\Local\\Temp\\BCL Technologies\\easyPDF 8\\@BCL@98140B86\\@BCL@98140B86.docx
Resolution No. ____________________
Resolution of the City of Corpus Christi suspending the April 4, 2024 effective date of
requested rate change to permit the City time to study the request and
establish reasonable rates; approving cooperation with the Cities served by AEP Texas
and authorizing intervention i
before the Public Utility Commission; hiring Lloyd Gosselink attorneys and consulting
services to negotiate with the Company and direct any necessary litigation and appeals;
rfinding that the Meeting at
which this Resolution is passed is open to the public as required by law; requiring notice
of this resolution to the Company and Legal Counsel
WHEREAS, on or about February 29, 2024, AEP Texas Inc. AEP Texas,
pursuant to PURA §§ 33.001 and 36.001 filed with the City of Corpus
Christi electric delivery rates in all municipalities exercising
original jurisdiction within its service area, effective April 4, 2024 and
WHEREAS, the City is an electric utility customer of AEP Texas and a regulatory authority with
an interest in the rates and charges of AEP Texas; and
WHEREAS, the City is a member of the Cities Served by AEP Texas
similarly situated cities served by AEP that have joined together to efficiently and cost effectively review
WHEREAS, PURA § 36.108 grants local regulatory authorities the right to suspend the effective
date of proposed rate changes for 90 days after the date the rate change would otherwise be effective; and
WHEREAS, the City retains its rights as a city with original jurisdiction including the right to
suspend the application; and
WHEREAS, PURA § 33.023 provides that costs incurred by Cities in ratemaking activities are to
be reimbursed by the regulated utility; and
WHEREAS
for further review.
Therefore, be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. That the April 4, 2024 effective date of the rate request submitted by AEP Texas on or about
February 29, 2024, be suspended for the maximum period allowed by law to permit adequate time to
review the proposed changes and to establish reasonable rates.
Section 2. That the City joins other Cities Served by AEP Texas in this proceeding and, subject to the
right to terminate employment at any time, hereby authorizes the hiring of Thomas Brocato of Lloyd
the Company, make recommendations regarding reasonable rates and to direct any necessary
administrative proceedings or court litigation associated with an appeal of city action.
Section 3. That the City shall work with Cities Served by AEP Texas in the review and evaluation of
whether the proposed rates are appropriate, fair, just, and reasonable; and, intervene as a necessary party
in Docket No. 56165
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Section 4. onable rate case expenses shall be reimbursed by AEP Texas.
Section 5. That it is hereby officially found and determined that the meeting at which this Resolution is
passed is open to the public as required by law and the public notice of the time, place, and purpose of
said meeting was given as required.
Section 6. A copy of this Resolution shall be sent to AEP Texas, care of Jennifer Frederick, American
Electric Power Company, 400 West 15th Street, Suite 1520, Austin, Texas 78701
(aepaustintx@aep.com), and to Thomas Brocato at Lloyd Gosselink Rochelle & Townsend, P.C., 816
Congress Avenue, Suite 1900, Austin, Texas 78701 (tbrocato@lglawfirm.com).
PASSED AND APPROVED this __________ day of ___________________, 2024.
ATTEST:
_________________________________ __________________________________
MAYOR City Secretary
APPROVED AS TO FORM:
___________________________________
City Attorney
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AGENDA MEMORANDUM
Action Item for the City Council Meeting March 19, 2023
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Fauzia Khan, Director of Public Health
FauziaK@cctexas.com
361-826-7202
Amendment to the Agreement for the City-Operated
Corpus Christi-Nueces County Public Health District
Identifying Nueces County Membership Contributions for FY 23-24
CAPTION:
Motion authorizing an amendment to the Agreement for City-Operated Corpus Christi-Nueces
County Public Health District (CCNCPHD) for FY23-
$1,765,296.00 for Public Health Services renewed annually with an option for additional
negotiated contributions, with the County's remaining balance of $1,029,756.00 of the total
contribution being due by September 30, 2024.
SUMMARY:
As part of the City-Operated Corpus Christi-Nueces County Public Health District cooperative
service agreement between the City of Corpus Christi and Nueces County effective March 1,
2022, Nueces County membership contributions were negotiated for FY 23-24 in the amount of
$1,765,296.00. membership contributions will renew annually, providing annual
negotiation for additional contributions by July 1. In previous FY24 negotiations, Nueces County
opted to withdraw from the Health District but has now opted to remain a member of the Public
Health District until September 30, 2024.
BACKGROUND AND FINDINGS:
On February 15, 2022, the City-Operated Corpus Christi-Nueces County Public Health District
(CCNCPHD) Cooperative Agreement was executed by the City of Corpus Christi and Nueces
County. As part of said agreement, the City of Corpus Christi became the sole operator of the
CCNCPHD effective March 1, 2022. As part of the agreement, the City and the County must
mutually agree to a fiscal financial membership contribution to be part of the Health District.
After several meetings with the County, the FY24 financial contribution was set at $1,765,296.
Additionally, the amendment to the Agreement includes the following changes:
1)
contribution at $1,765,296.
2) Allows for negotiation of additional contributions from the County each year, to be reached
by July 1. Such additional contributions are included in the base for the following fiscal
year and require the County to notify the City if they propose to provide funding less than
the previous fiscal year.
3) Specifies that any funds received by the County on behalf of the Health District must be
transferred in 30 days.
4) If the County proposes, adopts, or amends a budget to provide less funding than the
previous fiscal year or as agreed, the County will immediately notify the City of such
proposal, adoption, or amendment. Budgeted services within Nueces County will be
adjusted accordingly.
5) Lastly, any grant funds, State or Federal program reimbursements, or fees for service
programs received by the County on behalf of the Health District or intended for the Health
District will be transferred to the City within 30 days of receipt.
For FY24 Nueces County gave notice to the City of Corpus Christi on November 29, 2023, that
Nueces County intended to withdraw from the CCNCPHD effective end date on Tuesday, April 2,
2024. However, on March 6, 2024, Nueces County Judge and commissioners voted unanimously
to extend the withdrawal date from the City-Operated Corpus Christi Public Health District to
September 30, 2024. As such, additional service to Nueces County will continue until September
30, 2024.
The following services will be provided:
Calderon Satellite Clinic services two days a week.
Mobile Health Clinic services two days a month.
Continuation of these services in future fiscal years is subject to funding and sufficient facilities in
the Calderon building to house the services.
During each withdrawal notice, the City-Operated Corpus Christi Nueces County Public Health
District has held meetings and has kept constant communication with Regional and State
representatives.
ALTERNATIVES:
Although it is not recommended, the City Council can refuse the amendment which will result in
reduced additional funding to be utilized for services provided by the Corpus Christi-Nueces
County Public Health District.
FISCAL IMPACT:
Per the agreement, Nueces County
services for FY24. The County is current in its payments ($735,540.00) to the City, with a
remaining balance of $1,029,756.00 due by September 30, 2024. Corpus Christi-Nueces County
Public Health District funding from the County will be negotiated annually as payments for
services and operations will be budgeted per fiscal year.
FUNDING DETAIL:
Fund: N/A
Organization/Activity:
Mission Element:
Project # (CIP Only):
Account:
RECOMMENDATION:
Staff recommends approval of the Motion.
LIST OF SUPPORTING DOCUMENTS:
st
1Amendment to the Amended Cooperative Agreement
Presentation
st
1 Amendment to the Amended Cooperative Agreement for
City-Operated Corpus Christi-Nueces County Public Health District
This is an amendment to the Amended Cooperative Agreement for City-Operated Corpus Christi-Nueces County
Public Health District, attached hereto as EXHIBIT A and made a part hereof, originally dated February 15th,
2022, by and between Nueces County and the City of Corpus Christi.
NOW, THEREFORE, in consideration of the mutual covenants herein, the Parties agree to amend the Amended
Cooperative Agreement for City-Operated Corpus Christi-Nueces County Public Health District with the
following amendments as follows:
Section 4. Financial Administration.
a. City Payment for Health District. Subject to receipt of funds from the County, other entities paying for services of
the health district, and other entities that have agreed to provide grants and other payments for operation of the
health district, the City will pay for administration of the Health District pursuant to Tex. Health & Safety Code§
121.047.
b. County Payments for Health District.
(1) The County's membership contribution for each Fiscal Year is $1,765,296 2021-2022 from County
Dep't 3091 City/Co Health Unit. will be $943,000 (remaining budgeted amount in that County fund) and
for County Dep't 1377-1115 Waiver Funds will be $837,400 (remaining budgeted amount in that County
fund minus unfilled employee positions without job descriptions). The County's membership
contributions for Fiscal Year 2021-2022 will be due in equal monthly installments of $147,108 $134,714
and $119,629 for each of the two aforementioned funds for the remainder of Fiscal Year 2021-2022 no
later than the first day of each month. These amounts shall be in addition to the transferred grant
amounts described in subsection c.(2) below. In addition, payments owed on the Effective Date for
past services of the Health District (currently estimated at $320,426) will be brought current within 30
days after the Effective Date of this Agreement. (This number will be identified at the time of signing, and may) be
different from the number listed today 2/ 4/ 22)
(2) To account for inflation and service levels, T the City and the County agree to negotiate additional
County membership contributions payments for future fiscal years before or concurrent with the
budgeting process for the Parties and before adopting future budgets. Agreement on such additional
County membership contributions payment amounts shall be reached by July 1st prior to each fiscal year,
and in the absence of Agreement, the County agrees to the last County-approved amount of additional
membership contribution. the City may terminate and/ or suspend services where payment has not been
st
agreed upon on the October 1 beginning the fiscal year for which the Health District budget is being
negotiated.
(3) If the County proposes, adopts, or amends a budget to provide less funding than the previous fiscal
year or as agreed, County will immediately notify the City of such proposal, adoption, or amendment.
Budgeted services within Nueces County will be adjusted accordingly.
(4 3) Each party acknowledges that services or costs for services in future years may change depending on
the available funding from grants, general funds available from each party, and other funding sources.
(5 4) If the County is in arrears on payments more than 90 days to the City, the Health District may
suspend all or some of the services provided to areas outside the City limits and/ or require payment for
services provided to non-City residents and/ or suspend the operation of County-requested programs
and/ or programs established to benefit the County or Hospital District. Such suspension may be for the
period of arrearage or other period as necessary to ensure the Health District is operated with its budget.
@BCL@D0162362 1
Both sides acknowledge that some programs may not be suspended in order to comply with grant
conditions or laws, but such failure to suspend shall not waive the City's rights pursuant to this paragraph.
(6 5) The following contracts of the Health District that were approved by the County will be adopted by
the City, and the City will be responsible for compliance with the terms therein:
Contract Period of Performance Amount
MOU with Health District - HHS001031800022 09/01/2021 - 08/31/2023 No Cost
treat and control the spread of infectious disease
MOU with Health District 09/08/2020 - 08/25/2020 No Cost
Confidential Data
Vital Statistics Agreement with Health District 09/01/2018 - 08/31/2023 $1.83 per printed
(City) record
Access to DSHS Online Database
Service Agreement with City 12/28/2020 - 12/28/2023 $29,500
Drinking water testing
Additional contracts of Health District that were approved by the County may be adopted by the City so
long as the funding source associated with the Contract is also transferred to the City. Adoption will be
determined by the City Manager.
c. Grants and Income of the Health District.
by the City. Existing grant funds will be transferred to the control and administration of the City. The
County will provide for the assignment, reassignment, transfer, and/or regrant of Health District grants
managed by the County to the City in a manner that ensures that funding for functions being provided by
the Health District is provided to the City for the payment of employee positions shifted to City
employment. If grants are delayed, restricted, or slowed, the City will not consider the County responsible
therefor, but the County agrees to use its best efforts to provide for transfer of grant control to the City.
(2) The County acknowledges that the City is currently relying on the following grants for operation of the
Health District, and will take all steps necessary to ensure that the City may administer funds from for all
grants for the benefit of the Health District including but not limited to the following grants:
Name of Grant (County Administered) Time Period Grant Amount Match
HHS000812700015, Amendment No. 1 9/10/2020 7/31/2023 $3,550,004
IDCU/COVID
HHS001077800001 09/09/2021 - 06/30/2023 $900,000
COVID - Public Health Crisis Response
Cooperative Agreement
CONTRACT NO. HHS001057600014 9/01/2021 -5/31/2023 $500,000
COVID-19 Health Disparities Grant
@BCL@D0162362 2
HHS000288900003 01/01/2019 - 08/31/2022 $1,011,806
STD/HIV contract
CONTRACT NO. 537-18-0368-00001, 9/01/2021 -8/31/2022 $209,694
Amendment No. 4
HIV surveillance
537-18-0172-00001, Amendment No. 5 07/01/2017 - 06/30/2022 $1,306,072 $24,000 for
FY 2022
Public Health Emergency Preparedness
Contract
HHS000812700015 8/01/2020 4/30/2022 $1,410,636
IDCU/COVID
$127,000
TX Beach Water 2632 21-043-001 Work
Order #C992
$_________
Retention Grant if not distributed by
March 1st
Name of Grant (City Administered) Time Period Amount Match
10/01/2020 - 09/20/2025 $1,005,493
HHS000802100001
for FY22
Women, Infants and Children's Nutrition
funding year
Grant Program
HHS001019500010, Amendment No. 1 5/14/2021 - 06/30/2024 $22,800,779
COVID-19 Vaccination Capacity Contract
HHS001021100001 09/01/2021 - 08/31/2023 $328,736.00
Preventive Health and Health Services Block
Grant
HHS000442100001 09/01/2021 - 08/31/2023 $10,000
Laboratory response network influenza
surveillance and epidemiology grant contract
HHS001076700001 11/02/2021 - 06/30/2023 $1,550,000
CPS-PH-Workforce
HHS001096400011 12/16/2021 - 12/31/2022 $58,014 $9,669
@BCL@D0162362 3
TUBERCULOSIS PREVENTION AND
CONTROL FEDERAL GRANT
PROGRAM
HHS000114000001, Amendment No. 3 9/01/2018 8/31/2022 $1,058,988
IMM/LOCALS
HHS000436300009, AMENDMENT NO. 9/01/2021 8/31/2022 $409,711
2
TEXAS EPIDEMIOLOGY CAPACITY
EXPANSION GRANT PROGRAM
HHS000112500001, AMENDMENT NO. 9/01/2021 8/31/2022 $112,000
2
laboratory services for the analysis of bay
water samples
HHS000461700001, AMENDMENT NO. 9/01/2021 8/31/2022 $61,645 $12,329
2
DSHS TB Prevention and Control
537-18-0147-00001, Amendment No. 5 07/01/2017 - 06/30/2022 $1,120,781 $20,555 for
FY2022
Laboratory Response Network (LRN-PHEP)
Contract
HHS000904900001, AMENDMENT NO. 05/15/2020 - 03/15/2022 $578,850
2
Coronavirus 2019 (COVID-19) response
(3) County Grants for Health Services to be performed by Health District. The County reserves the right to seek
grants for the approval and acceptance of the City to perform public health functions, acknowledging that
the City will be the signor on the grant and the administrator of the funds. To the extent certain grants are
only available to a County, those grants would be awarded to the County, and those funds collected by
the County shall be paid to the City as the qualifying grant work is performed and documented. The City
reserves the discretion to refuse any grant obtained by the County or others.
(4) County Grants for Health Services to be performed by County outside of Health District. It is the intent of this
Agreement that the Health District will perform the health services of the City and County to avoid
duplication of services for City and County taxpayers. The City and Health District will have the first right
to apply for grants to perform health services. If the County identifies a grant for which (1) neither the
City nor the Health District is eligible to receive and (2) the grant prohibits the transfer of funds to the
City, then the County, after approval by the County Commissioners Court at a meeting, may, apply for
and perform that grant.
(5) The City acknowledges that any reimbursement the County may receive as reimbursement for a portion
of its expenditures from the 1115 Waiver program are to be negotiated between the County and the
administrators of the program, independent of this Agreement, and do not impact the financial obligation
@BCL@D0162362 4
of the County to the District. This amount will not be used to increase the amount paid by the County for
the Services of the Health District. Health District expenditures for documenting the 1115 waiver
program will be charged to the County.
(6) Income, including f
administration of Health Department programs will inure to the Health District to be used for
administration of the Health District, including but not limited to:
fees and/or charges for the laboratory,
fees and/or charges for any clinic operated by the Health District, and
fees and/or charges for food establishments.
(7) Vital records fees previously paid to the Health District will inure to the City Secretary pursuant to
contract with the State Department of State Health Services, Contract Number, HHSREV100000815.
(8) Any grant funds, State or Federal program reimbursements, or fees for service programs received by
the County on behalf of the Health District or intended for the Health District will be transferred to the
City within 30 days of receipt.
Section 13. Additional Services provided to County.
a. Calderon Clinic. For FY 23-24 21-22, the City or Health District will provide health personnel (employees or
contractors) to operate a two-day per week health clinic in the Calderon Building in Robstown in exchange for the
County's funding the cost of the services offered. The clinic will be a satellite office of services currently provided
by the Health District. . Continuation of these services in future fiscal years is subject to funding and sufficient
facilities in the Calderon building to house the services. These services will begin on or before August 1, 2022,
subject to agreement on funding by July 1, 2022 and sufficient facilities in the Calderon building to house the
services. The days of operation will be chosen by the County, with the understanding that days may need to be
changed to account for occasional absences of personnel.
b. Mobile Health Clinic Bus. For FY 23-24, T the City or Health District will provide health personnel ( employees or
contractors for the operation of a two-day per month mobile health clinic in exchange for the County provision
of funds for such function. The clinic will be a satellite office of services currently provided by the Health District.
The County will provide the bus, maintenance, and fuel for the said function. These services will begin by August
1, 2022, subject to bus availability and agreement on funding by July 1, 2022. The County will provide the driver
and motor vehicle liability insurance for operation of the bus. Continuation of these services in future fiscal years
is subject to funding and bus availability. For Fiscal Year 2022-2023, the City will consider an expansion of the
health clinic bus to 4 days per month, conditioned on the County agreement to payment for such additional
expense.
All other items and conditions of the original agreement remain effective and in full force.
@BCL@D0162362 5
EXECUTED on the ___ day of _______________________, 2024.
On behalf of Nueces County, Texas:
___________________________
Connie Scott
Nueces County Judge
___________________________ __________________________
Robert Hernandez John Marez
Commissioner, Precinct 1 Commissioner, Precinct 3
____________________________ __________________________
Joe A. Gonzalez Brent Chesney
Commissioner, Precinct 2 Commissioner, Precinct 4
Attest: Approved as to Form:
_______________________ __________________________
Kara Sands, County Clerk Jenny Dorsey, County Attorney
On behalf of City of Corpus Christi, Texas:
__________________________
Peter Zanoni
City Manager
Attest: Approved as to Form:
__________________________ __________________________
Rebecca Huerta, City Secretary Miles Risley, City Attorney
@BCL@D0162362 6
Motion
MotionauthorizinganamendmenttotheAgreementforCity-
OperatedCorpusChristi-NuecesCountyPublicHealthDistrict
(CCNCPHD)forFY23-24,NuecesCounty’scontributionof
$1,765,296.00forPublicHealthServicesrenewedannuallywith
anoptionforadditionalnegotiatedcontributions,withtheCounty's
remainingbalanceof$1,029,756.00ofthetotalcontributionbeing
duebySeptember30,2024.
City Council
March 19, 2023
Summary & Background
Agreement with Nueces County for City-Operated Corpus
Christi-Nueces County Public Health District for FY24
NegotiatedTerms:
•AspartofthenegotiatedcooperativeserviceagreementbetweentheCityof
CorpusChristiandNuecesCounty,membershipcontributionswerenegotiatedfor
FY23-24intheamountof$1,765,296.00
•ItallowsfornegotiationofadditionalcontributionsfromtheCountyeachyear,to
bereachedbyJuly1.Suchadditionalcontributionsareincludedinthebasefor
thefollowingfiscalyearandrequiretheCountytonotifytheCityiftheyproposeto
providefundinglessthanthepreviousfiscalyear.
•Anygrantfunds,StateorFederalprogramreimbursements,orfeesforservice
programsreceivedbytheCountyonbehalfoftheHealthDistrictorintendedfor
theHealthDistrictwillbetransferredtotheCitywithin30daysofreceipt.
2
Summary & Background
Agreement with Nueces County for City-Operated Corpus
Christi-Nueces County Public Health District for FY24
NegotiatedTermsContinued:
IftheCountyproposes,adopts,oramendsabudgettoprovidelessfundingthanthe
previousfiscalyearorasagreed,CountywillimmediatelynotifytheCityofsuch
proposal,adoption,oramendment.BudgetedserviceswithinNuecesCountywillbe
adjustedaccordingly.
Thefollowingserviceswillbeprovided:
CalderonSatelliteClinicservicestwodaysaweek.
MobileHealthClinicservicestwodaysamonth.
Continuationoftheseservicesinfuturefiscalyearsissubjecttofundingandsufficient
facilitiesintheCalderonbuildingtohousetheservices.
3
Fiscal Impactand Staff Recommendation
FiscalImpact
•Pertheagreement,NuecesCounty’stotalcontributionis
$1,765,296.00forPublicHealthDistrictservicesforFY24.The
Countyiscurrentinitspayments($735,540.00)totheCity,witha
remainingbalanceof$1,029,756.00duebySeptember30,2024.
CorpusChristi-NuecesCountyPublicHealthDistrictfundingfromthe
Countywillbenegotiatedannuallyaspaymentsforservicesand
operationswillbebudgetedperfiscalyear.
Staff Recommends Approval
City Council
March 19, 2023
AGENDA MEMORANDUM
First Reading for the City Council Meeting of March 19, 2024
Second Reading Ordinance for the City Council Meeting of March 26, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Ernesto De La Garza, P.E., Director of Public Works
ernestod2@cctexas.com
(361) 826-1677
ORDINANCE AMENDING CHAPTER 14, ARTICLE V OF THE CODE OF ORDINANCES
CAPTION:
Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus Christi Code to update
certain provisions including Federal Emergency Management Agency (FEMA) compliance
requirements and nonstructural fill on North Beach; providing for a penalty; and publication.
SUMMARY:
The purpose of this item is to revise the adopted Flood Hazard Prevention Code according to a
recent Community Rating System (CRS) evaluation that was completed by FEMA.
BACKGROUND AND FINDINGS:
Under the Flood Disaster Protection Act of 1973, as amended, flood insurance must be purchased
by property owners asking for any Federal financial assistance for construction or acquisition of
buildings in Special Flood Hazard Areas (SFHAs). This financial assistance includes certain
federally guaranteed mortgages and direct loans, federal disaster relief loans and grants, as well
as other similarly described assistance from FEMA and other agencies.
The City of Corpus Christi must adopt floodplain management measures, such as a floodplain
management ordinance, that meet or exceed the minimum National Flood Insurance Program
(NFIP) requirements to avoid suspension from the NFIP.
This ordinance update will keep the City in compliance with NFIP requirements and increase our
CRS rating, which impacts all flood insurance policy holders.
ALTERNATIVES:
FEMA could keep our CRS rating the same if updates are not adopted.
FISCAL IMPACT:
N/A
Funding Detail:
Fund: N/A
Organization/Activity: N/A
Mission Element: N/A
Project # (CIP Only): N/A
Account: N/A
Amount: N/A
RECOMMENDATION:
Staff recommends approval of the amendment.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Council Presentation
Ordinance amending Section 14-544, 14-552 and 14-556 of the Corpus
Christi Code to update certain provisions to comply with Federal
Emergency Management Agency (FEMA) requirements; providing for a
penalty; and publication.
WHEREAS, by adopting
Prevention Code the City will minimize public and private losses due to changing flood
conditions in areas of special flood hazard and improve the public health, safety and welfare
of its citizens.
WHEREAS, the City is a participant in a voluntary program of the National Flood
Insurance Program called the Community Rating System. This program awards points
for going above and beyond the minimum standards of a participating community.
WHEREAS, adopting higher flood hazard prevention standards provides additional points
to the City that can help reduce flood insurance premiums for flood insurance policies in
Special Flood Hazard Areas in the City.
THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS, THAT:
SECTION 1. The Corpus Christi Code, Section 14-544 is amended by adding the
following language that is underlined (added) and deleting the language that is stricken
(deleted) as delineated below:
Sec. 14-544. - Variance procedures.
(a) The construction trade advisory & appeals board hears and renders judgment on
requests for variances from the requirements of this article code.
(b) The construction trade advisory & appeals board hears and renders judgment on an
appeal only when it is alleged there is an error in any requirement, decision, or
determination made by the floodplain administrator in the enforcement or
administration of this article code.
(c) Any person or persons aggrieved by the decision of the construction trade advisory &
appeals board may appeal such decision to a court of competent jurisdiction.
(d) The floodplain administrator maintains a record of all actions involving an appeal and
shall report variances to the Federal Emergency Management Agency upon request.
(e) Variances may be issued for the reconstruction, rehabilitation, or restoration of
structures listed on the National Register of Historic Places or the state inventory of
historic places, without regard to the procedures set forth in the remainder of this
article code.
(f) Variances may be issued for new construction and substantial improvements to be
erected on a lot of one-half acre or less in size contiguous to and surrounded by lots
with existing structures constructed below the base flood level, providing the relevant
factors in subsection 14-541(1) have been fully considered. As the lot size increases
beyond the one-half acre, the technical justification required for issuing the variance
increases.
1
(g) Upon consideration of the factors noted above and the intent of this division, the
appeal board may attach such conditions to the granting of variances as it deems
necessary to further the purpose and objectives of this chapter, section 14-502.
(h) Variances may not be issued within any designated floodway if any increase in flood
levels during the base flood discharge would result.
(i) Variances may be issued for the repair or rehabilitation of historic structures upon a
continued designation as a historic structure and the variance is the minimum
necessary to preserve the historic character of design of the structure.
(j) Prerequisites for granting variances:
(1) Variances may only be issued upon a determination that the variance is the
minimum necessary, considering the flood hazard, to afford relief.
(2) Variances may only be issued upon:
a. Showing a good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
c. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety,
extraordinary public expense, create nuisances, cause fraud on or
victimization of the public, or conflict with existing local laws or
ordinances.
(3) Any applicant, to whom a variance is granted, may be given written notice
that the structure will be permitted to be built with the lowest floor elevation
below the base flood elevation, and that the cost of flood insurance will be
commensurate with the increased risk resulting from the reduced lowest
floor elevation.
(k) Variances may be issued for new construction and substantial improvements and for
other development necessary for the conduct of a functionally dependent use provided
that:
(1) The criteria outlined in subsections 14-534 544(a) through (i) are met; and
(2) The structure or other development is protected by methods that minimize
flood damages during the base flood and create no additional threats to
public safety.
2
Sec. 14-552. - Specific standards.
In all areas of special flood hazards where base flood elevation data has been provided
as set forth in section 14-522, subsection 14-532(8) section 14-521, subsection 14-
542(8), or subsection 14-543(c), the following provisions are required:
(1) Residential construction. New construction of any residential structure must have the
lowest floor (including basement) and machinery or equipment, elevated to one (1)
foot above the base flood elevation. Substantial damage and substantial improvement
must have the lowest floor (including basement) and machinery or equipment,
elevated to one (1) foot above the base flood elevation. Attached garages and
enclosures below elevated buildings must meet the minimum NFIP requirements
(elevated to the base flood elevation or have proper openings). A registered
professional engineer, architect, or land surveyor shall submit a certification to the
floodplain administrator that the standard of this subsection as proposed in subsection
14-533(b)(1), is satisfied.
(2) Nonresidential construction. New construction of any commercial, industrial, or other
nonresidential structure must either have the lowest floor (including basement)
elevated to one (1) foot above the base flood level or together with attendant utility
and sanitary facilities, be designed so that below the base flood level the structure is
watertight with walls substantially impermeable to the passage of water and with
structural components having the capability of resisting hydrostatic and hydrodynamic
loads and effects of buoyancy. Substantial damage and substantial improvement must
have the lowest floor (including basement), elevated to at or above the base flood
elevation or together with attendant utility and sanitary facilities, be designed so that
below the base flood level the structure is watertight with walls substantially
impermeable to the passage of water and with structural components having the
capability of resisting hydrostatic and hydrodynamic loads and effects of buoyancy. A
registered professional engineer or architect shall develop and/or review structural
design, specifications and plans for the construction, and shall certify that the design
and methods of construction are in accordance with accepted standards of practice
as outlined in this subsection. A record of such certification which includes the specific
elevation (in relation to mean sea level) to which such structures are floodproofed shall
be maintained by the floodplain administrator.
(3) Enclosures. New construction and substantial improvements, with fully enclosed
areas below the lowest floor that are usable solely for parking of vehicles, building
access, or storage in an area other than a basement and which are subject to flooding
must be designed to automatically equalize hydrostatic flood forces on exterior walls
by allowing for the entry and exit of floodwaters. Designs for meeting this requirement
must either be certified by a registered professional engineer or architect or meet or
exceed the following minimum criteria:
a. A minimum of two (2) openings having a total net area of not less than one (1)
square inch for every square foot of enclosed area subject to flooding must be
provided.
b. The bottom of all openings must be no higher than one (1) foot above grade.
3
c. Openings may be equipped with screens, louvers, valves, or other coverings
or devices provided that they permit the automatic entry and exit of floodwaters.
(4) Manufactured homes.
a. All manufactured homes to be placed within zone A on a city's FHBM or FIRM
must be installed using methods and practices which minimize flood damage.
1. For the purposes of this requirement, a manufactured home must be
elevated and anchored to resist flotation, collapse or lateral movement.
2. Methods of anchoring may include, but are not limited to, use of over-
the-top or frame ties to ground anchors.
3. This requirement is in addition to applicable state and local anchoring
requirements for resisting wind forces.
b. Manufactured homes that are placed or substantially improved within zones
A1-30, AH, and AE on the city's FIRM must be on sites:
1. Outside of a manufactured home park or subdivision.
2. In a new manufactured home park or subdivision.
3. In an expansion to an existing manufactured home park or subdivision
on which a manufactured home has incurred substantial damage as a
result of a flood, be elevated on a permanent foundation such that the
lowest floor of the manufactured home is elevated to one (1) foot above
the base flood elevation and be securely anchored to an adequately
anchored foundation system to resist flotation, collapse and lateral
movement.
c. Manufactured homes must be placed on substantially improved on sites in an
existing manufactured home park or subdivision with zones A1-30, AH, and AE
on the city's FIRM that are not subject to the provisions of subsection (4) of this
section must be elevated so that either and the more stringent of the two is
required:
1. The lowest floor of the manufactured home is one (1) foot above the
base flood elevation, or
2. The manufactured home chassis is supported by reinforced piers or
other foundation elements of at least equivalent strength that are no
less than thirty-six (36) inches in height above grade and be securely
anchored to an adequately anchored foundation system to resist
flotation, collapse and lateral movement.
(5) Recreational vehicles. Recreational vehicles placed on sites within zones A1-30, AH,
and AE on the city's FIRM either:
a. Must be on the site for fewer than one hundred eighty (180) consecutive days,
b. Must be fully licensed and ready for highway use, or
c. Must meet the permit requirements of subsection 14-545(a), and the elevation
and anchoring requirements for manufactured homes in subsection (4) of this
section.
4
(6) A recreational vehicle is ready for highway use if it is on its wheels or jacking system,
is attached to the site only by quick-disconnect type utilities and security devices and
has no permanently attached additions.
Sec. 14-556. Coastal high hazard areas.
(a) Areas that are subject to possible high-energy wave action, and which are identified
as areas of special flood hazard established in section 14-522, are areas designated
as coastal high hazard areas (zones V1-30, VE, and/or V).
(b) These areas have special flood hazards associated with high-velocity waters from tidal
surges and hurricane wave wash; therefore, in addition to meeting all provisions
outlined in this article code, the following provisions also apply:
(1) Obtain the elevation (in relation to mean sea level) of the bottom of the lowest
structural member of the lowest floor (excluding pilings and columns) of all new
and substantially improved structures, and whether or not such structures contain
a basement. The floodplain administrator maintains a record of all this information.
(2) All new construction must be located landward of the reach of mean high tide.
(3) All new construction and substantial damage must be elevated on pilings and
columns so that:
a. The bottom of the lowest horizontal structural member of the lowest floor
(excluding the pilings or columns) is elevated to one (1) foot above the base
flood elevation.
b. Substantial improvements must have the bottom of the lowest horizontal
structural member of the lowest floor (excluding the pilings or columns)
elevated to at or above the base flood elevation.
c. The pile or column foundation and structure attached to the foundation is
anchored to resist flotation, collapse and lateral movement due to the effects
of wind and water loads acting simultaneously on all building components.
1. Water loading values used must be those associated with the base flood.
2. Wind loading values used shall be those required by applicable state or
local building standards.
(4) A registered professional engineer or architect shall develop or review the
structural design, specifications and plans for the construction, and shall certify
that the design and methods of construction to be used are in accordance with
accepted standards of practice for meeting the provisions of subsections (3)a. and
(3)b. of this section.
(5) All new construction and substantial improvements must have the space below
the lowest floor either free of obstruction or constructed with non-supporting
breakaway walls, open wood lattice-work, or insect screening intended to collapse
under wind and water loads without causing collapse, displacement, or other
structural damage to the elevated portion of the building or supporting foundation
system.
(6) For the purpose of this section, a breakaway wall shall have a design safe loading
resistance of not less than ten (10), and not more than twenty (20) pounds per
square foot.
5
(7) Use of breakaway walls, which exceed a design safe loading resistance of twenty
(20) pounds per square foot (either by design or when so required by local or state
codes), may be permitted only if a registered professional engineer or architect
certifies that the designs proposed meet the following conditions:
a. Breakaway wall collapse must result from a water load less than that which
would occur during the base flood; and
b. The elevated portion of the building and supporting foundation system may
not be subject to collapse, displacement, or other structural damage due to
the effects of wind and water loads acting simultaneously on all building
components (structural and nonstructural).
1. Water loading values used shall be those associated with the base flood.
2. Wind loading values used shall be those required by applicable state or
local building standards.
(8) Enclosed space below the lowest floor may be useable solely for parking of
vehicles, building access or storage. The enclosed space below the lowest floor
may not be used for human habitation.
a. All enclosed areas below base flood elevation that are greater than five (5)
feet in height will be required to sign a non-conversion agreement that will be
filed with the deed.
(9) The use of fill for structural support of buildings is prohibited.
(10) The use of manmade alteration of sand dunes and mangrove stands, which
would increase potential flood damage, is prohibited.
(11) Manufactured homes, which have incurred substantial damage as the result
of a flood, must meet the standards of subsections (b)(1) through (b)(10) of
this section, if they are placed or substantially improved within zones V1-30,
V, and VE on the city's FIRM on sites:
a. Outside of a manufactured home park or subdivision,
b. In a new manufactured home park or subdivision,
c. In an expansion to an existing manufactured home park or subdivision.
(12) Manufactured homes placed or substantially improved on other sites in an
existing manufactured home park or subdivision within zones V1-30, V, and
VE on the city's FIRM meet the requirements of subsection 14-542(4) of this
Code.
(13) Recreational vehicles, which are placed on sites within zones V1-30, V, and
VE on the city's FIRM, must either:
a. Be on the site for fewer than one hundred eighty (180) consecutive days,
b. Be fully licensed and ready for highway use, or
c. Meet the requirements in section 14-522 of this article code and subsections
(b)(1) through (b)(10) of this section.
(14) A recreational vehicle is ready for highway use if it is on its wheels or jacking
system, is attached to the site only by quick-disconnect type utilities and
security devices, and has no permanently attached additions.
(15) For properties within the boundaries of the North Beach Development Plan,
minor grading and the placement of minor quantities of nonstructural fill are
allowed in Zone V only for landscaping, drainage under and around buildings,
and support of parking slabs, pool decks, patios, walkways, and similar site
6
elements. Nonstructural fill shall not prevent the free passage of floodwater
and waves beneath elevated buildings, divert floodwater or waves such that
building damage is exacerbated, or lead to damaging flood and wave
conditions on a site or adjacent sites. Nonstructural fill is assumed to wash
away and shall not be used in foundation design calculations.
a. Nonstructural fill placed on Zone V sites shall should be similar to natural
soils in the area. In many coastal areas, natural soils are clean sand or
sandy soils free of large quantities of clay, silt, and organic material.
Nonstructural fill shall not contain large rocks and debris. The
developer/owner shall submit test results providing the classification of the
existing and proposed soil using the Unified Soil Classification System
(American Society for Testing and Materials (ASTM) Standard D2487) to
prior to fill being placed on
Zone V sites.
b. Placement of up to 2 feet of nonstructural fill under or around an elevated
building is allowed without engineering analysis or certification, provided
basic site drainage principles are not violated and provided there are no
other site-specific conditions or characteristics that would render the
placement of the fill damaging to nearby buildings. Placement of fill under
or around an elevated building that exceeds 2 feet or that does not abide
by basic site drainage principles requires an engineering analysis
showing no diversion of floodwaters or waves that building damage is
exacerbated or lead to damaging flood and wave conditions on the site or
adjacent sites. In cases where site development involves removing a
layer of soil and fill is added to the site later, the fill thickness should be
evaluated relative to the pre-removal soil elevation, not the removed soil
elevation.
c. Minimum slopes for building sites to facilitate drainage away from
buildings shall be shallower than 1 unit vertical to 5 units horizontal
(regardless of fill height).
d. Parks, dDunes, and dune vegetation will be conserved and remain in their
natural state and not elevated. Placement of nonstructural fill in parks,
dunes, and dune vegetation is prohibited.
SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word,
or provision of this ordinance shall be held invalid or unconstitutional by final judgment of
a court of competent jurisdiction, it shall not affect any other section, paragraph,
subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent
of this City Council that every section, paragraph, subdivision, clause, phrase, word or
provision hereof be given full force and effect for its purpose.
SECTION 3. 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.
7
SECTION 4. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section 1 - 6 and Section 14 -557 of
the Corpus Christi Code.
SECTION 5. This ordinance takes effect after official 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
8
Public Works Department
Flood Hazard Prevention Code Updates
Public Works –Storm Water
City Council Presentation
March 19, 2024
What is NFIP
Code Updates
1.Section 14-552.d.3 Manufactured Homes
•Replacedeitherwithmore stringent
2.Minor Changes to the Non-Structural Fill Section
•Replacedshouldwithshall
•RemovedParksfrom Policy
Recommendation
Staff recommends approval of these updates as presented.
AGENDA MEMORANDUM
First Reading for the City Council Meeting of March 19, 2024
Second Reading for the City Council Meeting of March 26, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Dr. Fauzia Khan, Director of Public Health
Fauziak@cctexas.com
361-826-7202
Acceptance of the third amendment to the Air Quality Monitoring (Rider 7) Grant and
renewing a partnership with the Department of Physical and Environmental Sciences at
Texas A&M University - Corpus Christi
CAPTION:
Ordinance accepting $424,212.00 for an increase in the Air Quality Planning Grant from the Texas
Commission on Environmental Quality to provide air quality planning activities for fiscal year
24/25; appropriating $424,212.00 in the Health Grant Fund; and authorizing an amendment to an
interlocal cooperation agreement with Texas A & M University-Corpus Christi to add $381,791.00
for air quality monitoring services through December 31, 2025.
SUMMARY:
The Texas Commission on Environmental Quality (TCEQ) provides funding to monitor Air Quality
in Texas through the Rider 7 State and Local Air Quality Planning Program. TCEQ extended the
existing Rider 7 grant for two additional years through FY24/25. TCEQ allocated $424,212 for
FY2024/2025 to conduct air quality monitoring of the local airshed. Acceptance of the Air Quality
st
Monitoring Grant amendment extends the contract starting January 1, 2024 through December
31, 2025.
The Air Quality grant was first accepted by the City in FY21 with an initial allocation of $281,250.
Amendment 1 for FY22/23 allocated $417,658. Amendment 2 was a 90-day extension to allow
the contracts to be finalized by TCEQ. Amendment 3 is the current amendment for $424,212 for
FY24/25. In total grant funding allocated to Corpus Christi since the grant acceptance in is
$1,123,120 in total funds provided for the monitoring of Air Quality through TCEQ.
The City of Corpus Christi subcontracts with the Department of Physical and Environmental
Sciences at the Texas A&M University - Corpus Christi (TAMU-CC) for the completion of the
grant. Air quality data is gathered, reviewed, analyzed, and reported to the Public Health District
by TAMU-CC monthly.
BACKGROUND AND FINDINGS:
The Rider 7 program began in 1995 to support local efforts to improve air quality and attaining
Federal Ozone National Ambient Air Quality Standards. The goal of the Rider 7 program is to
ensure airsheds in Texas do not enter status. Nonattainment occurs when an
airshed does not meet the national primary or secondary ambient air quality standards as
established by the National Ambient Air Quality Standards. Entering nonattainment can have
significant regulatory and fiscal consequences for businesses within the airshed. Corpus Christi
has maintained attainment status since 2004. The current National Ambient Air Quality Standard
(NAAQS) is set by the EPA at 70 parts per billion (ppb) averaged over 3 years. The current 3
year, rolling average is 64ppb.
The City of Corpus Christi has contracted with TAMU-CC since 2021 to proactively monitor the
local air shed for the Rider 7 program. The contract ensures that the following tasks for the Air
Quality Monitoring (Rider 7) Program are achieved:
1. Create a Quality Assurance Project Plan for the monitoring of air quality
2. Operating 6 air monitoring sub-stations throughout the local airshed
a. Holly Road, Aransas Pass, Odem, Annaville, TAMU-CC Campus, Health District
3. Creation of a new air monitoring station within zip code 78416 in a central location at the
Public Health District
4. Implement a mobile air monitoring campaign in Corpus Christi
5. Conduct a detailed analysis of ambient air quality monitoring including:
a. Evaluation of wind speeds, wind directions, relative humidity and temperature
associated with background and high ozone events to determine the local
conditions and sources associated with high/low ozone levels
b. Determine trends associated with background and high ozone levels
c. Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to
determine source regions likely to affect local area ozone.
d. Perform weekday vs. weekend analysis to evaluate the potential effectiveness of
reduced levels of local industrial and mobile source activity
e.
document, Guidance on the Use of Models and Other Analyses to Demonstrating
Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze.
f. Investigate ozone trends and determine the annual frequency of high ozone days
g. Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NOx at all
five sites and VOC (CAMS1024) concentration data to determine NOx vs. VOC
limited scenarios in the Corpus Christi airshed.
6. Conduct a detailed analysis of soil biogenic NOX flux characterization
a. A study that determines the gas exchange in living organisms (plants)
7. Complete and deliver quarterly progress reports and financial status reports to TCEQ
8. All other contractual obligations as described by TCEQ statement of work
Continued participation in the Air Quality Monitoring (Rider 7) program and the TAMU-CC
partnership is in accordance with historical and best practices for air quality monitoring.
ALTERNATIVES:
The City declines to participate in the Rider 7 program. Thereby losing funding associated with
air quality monitoring and ceases the Air Quality Monitoring partnership with the TAMU-CC.
FISCAL IMPACT:
TCEQ Contract No. 582-20-11981 has a total value for FY24/25 of $424,212.
No match is required for this contract.
FUNDING DETAIL:
Fund: 1066 Health Grants
Organization/Activity: 832001S
Department#: 15
Project # (CIP Only): N/A
Account:
RECOMMENDATION:
Staff recommends approval of the Ordinance.
LIST OF SUPPORTING DOCUMENTS:
Contract No. TCEQ 582-20-11981 Amendment 3
COF
Ordinance
Statement of Work
Presentation
This amends the lnterlocal Cooperation Agreement between the CITY OF CORPUS
CHRISTI (City) and the TEXAS A&M UNIVERSITY - CORPUS CHRISTI (TAMU-CC),
authorized by the Corpus Christi City Council by Resolution No.032230 on September 29,
2020 ("the Agreement"), incorporated by reference and attached.
WHEREAS, the parties desire to amend the Agreement under authority of Section 15,
which provides that the representatives who were authorized to sign this agreement are
authorized to execute minor amendments to this agreement, such as changes in deadlines
and minor changes in budget and scope of work;
NOW, THEREFORE, the parties hereto agree to amend the Agreement as follows:
1. AMENDMENT TO SECTION 2. Section 2 of the Agreement is amended as follows:
2. AMENDMENT TO SECTION 4. Section 4 of the Agreement is amended as follows:
4. PERIOD OF PERFORMANCE. The program shall be conducted from the
execution date of the contract through December 31, 2025.
3. AMENDMENT TO SECTION 5. Section 5 of the Agreement is amended as follows:
5. PRICE AND PAYMENT. As compensation for the performance of the
agreement, the City agrees to reimburse TAMU-CC up to $953,01830
for expenses authorized under the Grant.
a. This agreement is funded exclusively from funds made available to
the City by the Grant. The City's obligation is limited by the
provisions of the Grant. The City is not liable to make payment to
TAMU-CC, if funding is not available from TCEQ through the Grant.
Payments may not exceed $953,018.30 for expenses authorized
under the Grant.
4. MAXIMUM AUTHORIZED REIMBURSEMENT. The City agrees to increase the
Maximum Authorized Reimbursement shown on the Contract Signature Page by
an additional $387,791.00 The original Maximum Authorized Reimbursement, the
amount of the increase, and the amended Maximum Authorized Reimbursement
are as follows:
$150,499.58
Original Maximum Authorized Reimbursement
$420,727.72
Amendment #1
$381,791.00
Amendment #2
Revised Maximum Authorized Reimbursement $953,018.30
GRANT ACTIVITIES
The Performing Party will implement all grant activities in order to monitor ozone and
inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality,
th
Article VI of the General Appropriations Act of the 86 Legislature.
Task 1.2: Ambient Air Monitoring Network
Project Task 1.2 will be to continue to monitor ambient ozone concentrations at the five city air monitoring sites.
Relative humidity, temperature, and wind speed/direction will also be measured at each site and NO
x
concentrations will be measured at all three current sites. This includes increasing the spatial resolution of NO
x
measurements with the purchase and deployment of (2) additional NO analyzers. The monthly data will be
x
available to the public by hosting summary data figures on the Co
(cbairquality.org). This task will directly support air monitoring requirements outlined in the State Implementation
Plan (SIP) and demonstrate NAAQS compliance. For instance, CAIR SIP consists of reducing NOemissions
x
and the reduction evaluation depends on NO monitoring. Up until our recent monitoring efforts, NO monitors
xx
were not present in the region.
NO and VOCs are primary ozone precursors but the relationship between these precursors and ozone formation
x
is not linear. Despite these direct impacts on ozone formation, the Corpus Christi airshed did not have a NO
x
monitoring station until we developed one this year. It does however have five centrally located VOC monitoring
stations (1 AutoGC, 1 TNMOC, 4 canister). Depending on atmospheric conditions, ozone formation can be almost
exclusively controlled by NO and mostly independent of VOCs. However, there are also conditions where ozone
x
formation can increase with VOC concentrations while not increasing or even decreasing with increasing NO.
x
Due to this nonlinear chemistry between precursors and product, determining whether ozone formation in an air
shed or VOC levels) has proven difficult. NO data
xxx
limited but continuous NO
xx
monitoring is necessary to determine if th data provided
xx
by this task along with currently available VOC data will help determine if stakeholders should focus resources
on future NO or VOC controls to mitigate ozone increases.
x
Deliverables and Dates 1.2
Deliverables 1.2 Date
Ambient monitoring data collected at monitoring
Continuous April 2024 Nov 2025
Reports to the City and Data to TCEQ Monthly Apr 2024 Dec 2025
Table 1: Ambient Air Monitoring Sites to be Operated by the Performing Party
Location Instrumentation Instrumentation
status
Holly Road site Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
(CAMS 660) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W -
5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor,
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction
Smart Sensor
Aransas Pass Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
site RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W -
Teledyne N500
5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor,
(CAMS 659) at company for fix
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction under warranty
Smart Sensor
Odem site Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
(CAMS 686) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W -
Teledyne N500
5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor,
at company for fix
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction under warranty
Smart Sensor
Annaville site Teledyne API T400 ozone analyzer, Ecotech NO Sirinus analyzer, RX3004-Working
x
00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W - 5W Solar
Panel, S-THB-M002 - Temperature/RH Smart Sensor, S-WSB-M003 - Wind
Speed Smart Sensor, S-WDA-M003 - Wind Direction Smart Sensor
TAMUCC *Teledyne API T400 ozone analyzer, Ecotech NO Sirinus analyzer, *Currently being
x
campus site *RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, *SOLAR-5W developed
- 5W Solar Panel, *S-THB-M002 - Temperature/RH Smart Sensor, S-WSB-
M003 - Wind Speed Smart Sensor, *S-WDA-M003 - Wind Direction Smart
Sensor
Health Will be developed in task 1.3 Will be
Department site developed in task
1.3
Task 1.3: Create New Air Monitoring Site at City Health Department
Deliverables and Dates 1.3
Deliverables 1.3 Date
Ordering of air monitoring site shelter and instrumentation March 2023
Lab quality check of instrumentation and field deployment June 2023
Deliverables 14 Date
QAPP/Mobile campaign planning Summer 2025
Mobile/Stationary measurements Fall 2025
Data report November/December 2025
Deliverable Summary Task 1
Deliverables and Dates:
QAPP for Stationary Monitoring Network: April 2024
Air Monitoring and data delivered to TCEQ: Continuous May 2024 to Nov 2025
Develop Health Department Air Monitoring Site: June 2023
Monthly/Final Report: First week of each month and December 2025
QAPP for Mobile Air Monitoring Campaign: Summer 2025
Mobile Air Monitoring Campaign: Fall 2025
Mobile Air Monitoring Data Delivery: December 2025
Task 1 Total Direct Deliverable Cost $280,341.00
Task 2: Detailed Analysis of Ambient Monitoring
Task 2 will report atmospheric conditions and chemical precursor concentrations associated with high or
standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric conditions (i.e., wind
direction, wind speed, relative humidity, temperature) will be obtained directly at each site while precursor data
(i.e., NO and VOC) will be obtained from the nearest monitoring site. The report will be developed through
x
the below investigations and analyses: task will support the State Implementation Plan by demonstrating NAAQS
compliance and reporting conditions that may lead to nonattainment.
Evaluate wind speeds, wind directions, relative humidity and temperature associated with
background and high ozone events to determine the local conditions and sources associated with
high/low ozone levels
Determine diurnal and seasonal trends associated with background and high ozone levels
Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to determine source
regions likely to affect local area ozone.
Perform weekday vs. weekend analysis to evaluate the potential effectiveness of reduced levels of
local industrial and mobile source activity
Investigate ozone and precursor trends and determine the annual frequency of high ozone days
Figure 2. General isopleth depicting the relationship between ozone concentrations and its precursors,
VOC, and NO. Isopleths can be used to determine if an airshed is VOC or NOlimited in relation to potential
xx
for increased ozone levels (NRC 1991).
Deliverables and Dates 2.
Deliverables Task 2 Date
th
Quarterly by the 30of
Preliminary analysis and updates with quarterly reports December, March, June, &
September
Final analysis report December 2025
Deliverables Task 3 Date
Monthly for duration
Monthly soil NO measurements one continuous year of
x
the project
Model NO flux in airshed according to land use type In final report 12/2025
x
Task 4 Deliverables Date
Air quality presentations TBD
TASK 1 to 4 Budget Breakdown
Task 1 Budget 280,341
Task 2 Budget 0
Task 3 Budget 22,000
Task 4 Budget 0
TAMUCC Indirect Cost 79,450
TAMUCC Total Budget 381,791
Ordinance accepting $424,212.00 for an increase in the Air Quality Planning
Grant from the Texas Commission on Environmental Quality to provide air
quality planning activities for fiscal year 24/25; appropriating $424,212.00 in
the Health Grant Fund; and authorizing an amendment to an interlocal
cooperation agreement with Texas A & M University-Corpus Christi to add
$381,791.00 for air quality monitoring service through December 31, 2025.
WHEREAS, the Texas Commission on Environmental Quality has awarded an
additional $424,212.00 for Contract No. 582-20-11981 to provide air quality planning
activities for fiscal year 24/25.
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 Air Quality Planning Grant Contract Number 582-20-11981,
Amendment Number 3, in the amount of $424,212.00 from the Texas Commission on
Environmental Quality for air quality planning activities.
SECTION 2. 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 3. Funds in the amount of $424,212.00 are appropriated in the No. 1066 Health
Grant Fund to provide air quality planning activities for fiscal year 24/25.
SECTION 4. The City Manager or designee is authorized to execute all documents
necessary to amend an Interlocal Cooperation Agreement Texas A& M University
Corpus Christi to increase the reimbursement by $381,791.00 for air quality monitoring
service and extend the period of performance to December 31, 2025, with funding
available in the No. 1066 Health Grant Fund.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
STATEMENT OF WORK
CITY OF CORPUS CHRISTI (Performing Party/Grantee)
CONTRACT (GRANT) NUMBER: 582-20-11981
STATEMENT OF WORK ACTIVITIES NO: 832001S
SUBGRANTEES TO BE USED UNDER THIS CONTRACT:
TEXAS A&M UNIVERSITY- CORPUS CHRISTI
Rider 7 Statement of Work
TIME LINE
The activities shall begin upon issuance of this executed Statement of Work and must be completed
no later than December 31, 2025.
TOTAL AMOUNT OF THIS STATEMENT OF WORK ACTIVITIES: $424,212
The total amount to be reimbursed by TCEQ for activities performed under this Statement of Work
shall not exceed the amount shown above unless the amount is changed by an amendment.
GRANT ACTIVITIES
The Performing Party will implement all grant activities in order to monitor ozone and
inventorying emissions, as required in Rider 7, Texas Commission on Environmental Quality,
th
Article VI of the General Appropriations Act of the 86 Legislature.
Task 1 (Monitoring of Pollution Levels)
1.1: A Category III QAPP for the Ambient Air Quality Monitoring Activities
Deliverable 1.1: A Category III QAPP for the Ambient Air Quality Monitoring Activities
delivered to the TCEQ in Microsoft Office Word
Deliverable Date 1.1: Draft QAPP within 30 calendar days after Task 1.2 is approved. The
QAPP must be accepted by the TCEQ prior to the start of technical activities.
Deliverable Cost 1.1: Included in personnel costs.
Task 1.2: Ambient Air Monitoring Network
Project Task 1.2 will be to continue to monitor ambient ozone concentrations at the five city air
monitoring sites. Relative humidity, temperature, and wind speed/direction will also be measured
at each site and NO concentrations will be measured at all three current sites. This includes
x
increasing the spatial resolution of NO measurements with the purchase and deployment of (2)
x
Њ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
additional NO analyzers. The monthly data will be available to the public by hosting summary
x
(cbairquality.org). This task
will directly support air monitoring requirements outlined in the State Implementation Plan (SIP)
and demonstrate NAAQS compliance. For instance, CAIR SIP consists of reducing NOemissions
x
and the reduction evaluation depends on NO monitoring. Up until our recent monitoring efforts,
x
NO monitors were not present in the region.
x
NO and VOCs are primary ozone precursors but the relationship between these precursors and
x
ozone formation is not linear. Despite these direct impacts on ozone formation, the Corpus Christi
airshed did not have a NO monitoring station until we developed one this year. It does however
x
have five centrally located VOC monitoring stations (1 AutoGC, 1 TNMOC, 4 canister).
Depending on atmospheric conditions, ozone formation can be almost exclusively controlled by
NO and mostly independent of VOCs. However, there are also conditions where ozone formation
x
can increase with VOC concentrations while not increasing or even decreasing with increasing
NO. Due to this nonlinear chemistry between precursors and product, determining whether ozone
x
formation in an air shed or VOC
xx
levels) has proven difficult. NO
x
Christi airshed is NO limited but continuous NO monitoring is necessary to determine if the
xx
data provided by this task along with
xx
currently available VOC data will help determine if stakeholders should focus resources on future
NO or VOC controls to mitigate ozone increases.
x
Deliverables and Dates 1.2
Deliverables 1.2 Date
Ambient monitoring data collected at monitoring
Continuous April 2024 Nov 2025
Reports to the City and Data to TCEQ Monthly Apr 2024 Dec 2025
Salary and Fringe (Total $104,668, $55,750 year 1, 48,918 year 2): (PI 1 months year 1 and 1
months year 2, 1 PhD student 12 months year 1 and 9 months year 2, Undergraduate student 560
hours both years).
Tuition (Total $18,190, $10,176 year 1, $8,014 year 2): Tuition for one graduate student over
the 2-year period.
Travel (Total $11,583): PI and student travel to sites for calibration, maintenance, data recover,
passive sampler deployment and collection. Vehicle/truck rental for instrument maintenance and
flux measurements. Travel to conference/meetings to disseminate Corpus air quality data/issues
and be exposed to new air pollution technologies. Includes $1000 in conference fees.
Maintenance Costs (Total $21,000, $12,000 per year): Replacement parts, wireless
subscriptions, calibration gases, flow calibrator, shipping to manufacturer if needed.
Ћ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Laptop and rugged laptop ($5,500): Regular laptop for instrument calibration and reporting in
lab. Rugged field laptop for field instrumentation maintenance, calibration and data collection.
Outside Calibration and Audits (Total $25,000): An outside company (AECOM) will provide
calibration and audit services as an additional quality control and assurance check of the
monitoring equipment. This will occur quarterly.
Total Deliverable Costs for Task 1.2: $185,941 (Includes Salary, Fringe and Tuition Costs
for personnel that also cover personnel for Tasks 1 through 4)
Table 1: Ambient Air Monitoring Sites to be Operated by the Performing Party
Location Instrumentation Instrumentation
status
Holly Road site Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
(CAMS 660) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W -
5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor,
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction
Smart Sensor
Aransas Pass Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
site RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W - Teledyne N500
(CAMS 659) 5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor, at company for fix
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction under warranty
Smart Sensor
Odem site Teledyne API T400 ozone analyzer, Teledyne API N500 NO analyzer, Working
x
(CAMS 686) RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W - Teledyne N500
5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor, at company for fix
S-WSB-M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction under warranty
Smart Sensor
Annaville site Teledyne API T400 ozone analyzer, Ecotech NO Sirinus analyzer, RX3004-Working
x
00-01 RX3000 Cellular Data Logger with 10 Inputs, SOLAR-5W - 5W Solar
Panel, S-THB-M002 - Temperature/RH Smart Sensor, S-WSB-M003 - Wind
Speed Smart Sensor, S-WDA-M003 - Wind Direction Smart Sensor
TAMUCC Ϋ Teledyne API T400 ozone analyzer, Ecotech NO Sirinus analyzer, *Currently being
x
campus site Ϋ RX3004-00-01 RX3000 Cellular Data Logger with 10 Inputs, *SOLAR-developed
5W - 5W Solar Panel, *S-THB-M002 - Temperature/RH Smart Sensor, S-
WSB-M003 - Wind Speed Smart Sensor, *S-WDA-M003 - Wind Direction
Smart Sensor
Health Will be developed in task 1.3 Will be
Department site developed in task
1.3
Ќ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Figure 1. Green circles are current sites and the green cirle with red dot is proposed Health Department
site. For reference to other air quality sites, yellow crosses are TCEQ sites and blue triangles are low-cost
citizen science sites operated by IOBCWA and CAPE.
Task 1.3: Create New Air Monitoring Site at City Health Department
The goal of task 1.3 will be to establish an air quality site on the grounds of the City of Corpus
Christi Health Department. This will include the installation of an aluminum plate shelter and
deployment of meteorological instrumentation, an ozone analyzer and a NO analyzer. This
x
additional monitoring site will directly support air monitoring requirements outlined in the State
Implementation Plan (SIP) and demonstrate NAAQS compliance.
Deliverables and Dates 1.3
Deliverables 1.3 Date
Ordering of air monitoring site shelter and instrumentation March 2023
Ѝ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Lab quality check of instrumentation and field deployment June 2023
Aluminum plate shelter ($19,900): The same Ambilab air conditioned aluminum plate enclosure
installed at the other air monitoring sites.
NO analyzers (Total $20,000): Ecotech Sirinus NO analyzer to be deployed at new site
x
x
Ozone analyzer ($15,000): Teledyne API T400 Ozone analyzer to be deployed at new site.
Meteorological Instrumentation ($2,500): RX3004-00-01 RX3000 Cellular Data Logger with
10 Inputs, SOLAR-5W - 5W Solar Panel, S-THB-M002 - Temperature/RH Smart Sensor, S-WSB-
M003 - Wind Speed Smart Sensor, S-WDA-M003 - Wind Direction Smart Sensor
Total Deliverable Costs for Task 1.3 ($57,400)
Task 1.4. University of Houston Mobile Air Monitoring Campaign Corpus Christi Airshed
A University of Houston team lead by Dr. Jimmy Flynn will perform mobile air monitoring in the
Corpus Christi airshed over a four-day period in early November. The campaign will be focused
on determining ozone and ozone precursor levels in areas of the airshed not currently covered by
stationary monitoring with specific attention to the growing industrial footprint and shipping lanes.
The mobile monitoring will tentatively cover urban areas along the full perimeter of Corpus Christi
Bay (i.e. from Port Aransas moving south and looping around the bay to Aransas Pass). Specific
measurements will include O, NO, NO, NO, CO, SO, HCHO, CH, unspeciated sum of reactive
3xy24
alkenes, bulk and specific VOCs via AROMA-VOC, 3-wavelength PM scattering and
2.5
absorption, PMsize distribution (0.13-2.5 µm), ceilometer, jNO, T/P/RH/WS/WD, GPS, total
2.5 2
sky camera. In addition, while not performing mobile measurements, stationary measurements
directly adjacent to the Gulf of Mexico will allow characterization of the chemical composition of
air being transported into Corpus Christi from the Gulf. The campaign will also allow for
comparison to similar data provided by a previous similar air monitoring project, AQRP 20-003:
Characterization of Corpus Christi and San Antonio Air Quality During the 2020 Ozone Season
and the mobile monitoring done as part of 2022-2023 Rider 7 funding. The primary deliverable
will be the data measured during the stationary and mobile campaigns. This additional monitoring
will directly support air monitoring requirements outlined in the State Implementation Plan (SIP)
and demonstrate NAAQS compliance.
Deliverables and Dates 1.4
Deliverables 14 Date
QAPP/Mobile campaign planning Summer 2025
Mobile/Stationary measurements Fall 2025
Data report November/December 2025
Deliverable Cost 1.4 (This amended task cost will be encumbered by task 1.2 funds)
The University of Houston provides mobile and stationary monitoring at ~$9,000 per day or
$36,000 for the full four-day campaign. Scheduled payment breakdown will be as follows:
Ў
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
QAPP/Planning 60%
Monitoring 20%
Data 20%
Total Deliverable Costs for Task 1.4: $36,000
Deliverable Summary Task 1
Deliverables and Dates:
QAPP for Stationary Monitoring Network: April 2024
Air Monitoring and data delivered to TCEQ: Continuous May 2024 to Nov 2025
Develop Health Department Air Monitoring Site: June 2023
Monthly/Final Report: First week of each month and December 2025
QAPP for Mobile Air Monitoring Campaign: Summer 2025
Mobile Air Monitoring Campaign: Fall 2025
Mobile Air Monitoring Data Delivery: December 2025
Task 1 Total Deliverable Cost $280,341.00
Task 2: Detailed Analysis of Ambient Monitoring
Task 2 will report atmospheric conditions and chemical precursor concentrations associated with
high or standard exceeding ozone measurements in the Corpus Christi airshed. Atmospheric
conditions (i.e., wind direction, wind speed, relative humidity, temperature) will be obtained
directly at each site while precursor data (i.e., NO and VOC) will be obtained from the nearest
x
monitoring site. The report will be developed through the below investigations and analyses: task
will support the State Implementation Plan by demonstrating NAAQS compliance and reporting
conditions that may lead to nonattainment.
Evaluate wind speeds, wind directions, relative humidity and temperature associated
with background and high ozone events to determine the local conditions and sources
associated with high/low ozone levels
Determine diurnal and seasonal trends associated with background and high ozone
levels
Determine 24-hour air mass back trajectories using NOAA HYSPLIT software to
determine source regions likely to affect local area ozone.
Perform weekday vs. weekend analysis to evaluate the potential effectiveness of
reduced levels of local industrial and mobile source activity
Address additional relevant questions listed in Section 11.1.1 of ozone
modeling guidance document, Guidance on the Use of Models and Other Analyses to
Demonstrating Attainment of Air Quality goals for Ozone, PM2.5, and Regional Haze.
Џ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Investigate ozone and precursor trends and determine the annual frequency of high
ozone days
Create ozone isopleth (Figure 3) by plotting ozone concentrations vs. NOat all five
x
sites and VOC (CAMS1024) concentration data in order to determine NO vs. VOC
x
limited scenarios in the Corpus Christi airshed.
Figure 2. General isopleth depicting the relationship between ozone concentrations and its precursors, VOC, and NO.
x
Isopleths can be used to determine if an airshed is VOC or NOlimited in relation to potential for increased ozone
x
levels (NRC 1991).
Deliverables and Dates 2.
Deliverables Task 2 Date
th
Quarterly by the 30of
Preliminary analysis and updates with quarterly reports December, March, June, &
September
Final analysis report December 2025
Task 2 costs are included under Task 1.
Task 3: Soil biogenic NO flux characterization
x
A primary purpose of Rider 7 funds is to enhance ozone precursor emission inventory accuracy.
While stationary NO sources and vehicle emissions are relatively straightforward to measure,
x
complexity arises with sources such as biogenic emissions. SNO, a byproduct of denitrification
x
and nitrification in soils, is influenced by various factors such as soil moisture, soil/air temperature,
soil type, and available nitrogen. This emission can spike significantly following fertilization and
rain events, leading to ozone formation and exacerbating air quality challenges (Romer et al., 2018;
А
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Tong et al., 2021). Current numerical models, particularly the widely used Model of Emissions of
Gases and Aerosols from Nature (MEGAN), tend to underestimate soil biogenic NO (SNO)
xx
emissions. For instance, Oikawa et al., 2015 found that the numerical models when compared to
direct chamber flux studies can underestimate SNO by a factor of ten. The limitations of these
x
models underscore the need for direct flux measurements from diverse land types under varying
soil temperature and moisture conditions.
To address this gap in understanding, we propose a comprehensive approach in South Texas. Over
the course of one year, we will conduct monthly SNO soil chamber flux measurements across
x
different land use types, including crops, forested areas, flooded vegetation, urban grasses, and
bare soil ground. These direct flux measurements will be accompanied by soil temperature, air
temperature and soil moisture measurements to serve as valuable inputs to improve the accuracy
of numerical models. Furthermore, we will leverage the National Land Cover Database to model
SNO emissions in Nueces and San Patricio Counties according to land cover type. This integrated
x
approach aims to provide a more robust foundation for emission inventories and, consequently,
enhance our ability to develop effective NO mitigation strategies. The SIP requires areas of
x
nonattainment to provide emission inventories, and while the region is currently in attainment, this
task falls in line with these SIP requirements as a means of understanding where NO emissions
x
can be reduced to stay in attainment.
Deliverables and Dates Task 3
Deliverables Task 3 Date
Monthly for duration
Monthly soil NO measurements one continuous year of
x
the project
Model NO flux in airshed according to land use type In final report 12/2025
x
Soil moisture and temperature probes ($2000): Soil moisture and temperature are directly
related to soil NO production and must be monitored for future modeling.
x
Chamber ($10,000): Automated dynamic soil flux chamber is needed to mimic natural conditions
in the field and measure soil NO flux
x
Small trailer (Total $10,000): A small portable air-conditioned trailer is need to run the real-time
NO analyzers in the field to make the flux measurements. Truck rental covered in Task 1 travel.
x
Task 3 Total Deliverable Cost: $22,000
Task 4: Dissemination of air quality introduction material and status to city employees and
community
Dr. Felix and/or technicians will be available to disseminate air quality introduction material and
city air quality status to city employees and community.
Б
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Deliverables and Dates Task 4
Task 4 Deliverables Date
Air quality presentations TBD
Task 4 costs are included under personnel costs in task 1.
TASK 1 to 4 COVERED UNDER CONTRACTUAL COSTS
Task 5 - Project Management Activities (Program Administration)
The Performing Party shall perform all support necessary to ensure all grant requirements are met
and the activities are completed in a timely manner. This may include, but is not limited to,
providing general and fiscal supervision for grant activities, administering sub-contracts,
submitting reports and invoices. The Performing Party shall summarize its activities in quarterly
progress reports and quarterly financial status reports described below. City of Corpus Christi
staff monitoring activities will charge no more than 10% salary and fringe benefits under this Task.
The progress report and quarterly invoices shall document, the accomplishments, expenditures,
and milestones achieved during the prior ninety (90) days. Specifically, the quarterly progress
report shall:
I. Summarize all activities performed with respect to each task and subtask of this statement of
work for the previous quarter;
2. Establish performance goals for each task and subtask for the quarter in which the report is
delivered;
3. Compare accomplishments on every task and subtask to performance goals established the
previous quarter;
4. Summarize any reasons why performance goals were not met, when applicable; and
5. Provide a preliminary estimate of costs by task and subtask for the reporting period.
ipients shall channel the funds to those projects most useful for the State
Deliverables and Dates Task 5:
Quarterly progress reports (QPR) and Financial Status Reports (FSR) will be emailed to TCEQ
summarizing project active and status of each relevant deliverable including cost incurred during
the quarter.
Deliverable Task 5 Deliverable Date
В
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Task 5: Project Management Activities
Deliverable 5.1: Quarterly progress and Reports and Financial Status reports Quarterly
Financial Status Reports Progress Reports indicated in the Grant; 30th of
December, March, June and September
All reasonable times during communication will
Deliverable 5.2: Contract Communications will be available the performance of work and at
be available between both parties between both parties least one month after the
contract is completed. A minimum of 30 days
before public meetings / events, or major task
activities or development.
Task 5 Total Costs ($42,421)
TASK 1 to 5 Budget Breakdown
Task 1 Budget 280,341
Task 2 Budget 0
Task 3 Budget 22,000
Task 4 Budget 0
TAMUCC Indirect Cost 79,450
TAMUCC Total Budget 381,791
City Total (10%)(Task 5 Budget) 42,421
Total Budget 424,212
ЊЉ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Budget. Authorized budgeted expenditures for work performed are as follows:
Portion that is
Total Cost for Work Administrative Costs
Budget Category
to be Performed (must be 10% or less
of Total)
$42,421 $42,421
Salary / Wages
Fringe Benefits
Travel
Supplies
Equipment
$381,791 $0
Contractual
Construction
Other
Indirect Costs
Total $424,212 $42,421
ЊЊ
TCEQ Contract Name: City of Corpus TCEQ Contract# 582-20-11981
Rider 7 Local Air Quality Planning Grant
Performing Party/Grantee:
City of Corpus Christi
By (Authorized Signature)
__________________
Dr. Fauzia Khan Date
References
Oikawa, P.Y., Ge, C., Wang, J., Eberwein, J.R., Liang, L.L., Allsman, L.A., Grantz, D.A. and
Jenerette, G.D., 2015. Unusually high soil nitrogen oxide emissions influence air quality in a high-
temperature agricultural region. Nature communications, 6(1), p.8753.
Romer, P.S., Duffey, K.C., Wooldridge, P.J., Edgerton, E., Baumann, K., Feiner, P.A., Miller,
D.O., Brune, W.H., Koss, A.R., De Gouw, J.A. and Misztal, P.K., 2018. Effects of temperature-
dependent NO x emissions on continental ozone production. Atmospheric Chemistry and
Physics, 18(4), pp.2601-2614.
Sha, T., Ma, X., Zhang, H., Janechek, N., Wang, Y., Wang, Y., Castro García, L., Jenerette, G.D.
and Wang, J., 2021. Impacts of Soil NO x Emission on O3 Air Quality in Rural California.
Environmental science & technology, 55(10), pp.7113-7122.
ЊЋ
Contract Number: 582-20-11981
Contract Amendment No. 3
CONTRACT AMENDMENT BETWEEN
TEXAS COMMISSION ON ENVIRONMENTAL QUALITY AND
CITY OF CORPUS CHRISTI
Amendment No. 3
Pursuant to Article 1 Section 1.2, Amendments and Minor Changes, of the Special
Terms and Conditions, the Texas Commission on Environmental Quality (TCEQ) and
City of Corpus Christi agree to amend Contract No. 582-20-11981 as follows:
1. In accordance with Article 2.2, Maximum Authorized Reimbursement, of the
General Terms and Conditions, the Maximum Authorized Reimbursement
Amount is increased by $424,212.00. The Maximum Authorized Reimbursement
Amount on the Contract Signature Page now reads $1,123,120.38.
OriginalAmount of GrantObligation $ 281,250.00
Amendment No. 1(FY22/23)$ 417,658.38
Amendment No. 2 (90 Day Extension) $ 0.00
Amendment No. 3 (FY24/25) $ 424,212.00
Revised Maximum Total TCEQ Obligation $1,123,120.38
2. In accordance with Article 1.3, Extensions, of the General Terms and Conditions, the
Expiration Period of Contract Number 582-20-11981 is extended to December 31,
2025.
3. Special Terms and Conditions now reads:
These conditions add to, or in the case of conflicts, supersede and take
precedence over the general conditions set forth in this agreement.
1. Article 1, Section 1.2, Amendments, in the General Terms and Conditions is
replaced with the following:
1.2. Amendments and Minor Changes
1.2.1. A formal Amendment to the contract signed by authorized officials
of both Parties is required for changes to the substantive obligations of
the Performing Party and/or TCEQ, including the following:
1.2.1.1. Changes in the total amount of funds in the Cost Budget
or the Contract
1.2.1.2. Changes to the Contract's Expiration Date
1.2.1.3. Changes to the Scope of Work that affect TCEQ obligations to
the Texas Legislature, and
1.2.1.4. Changes that affect the material obligations of the
Performing Party in this Contract.
Page 1 of 18
Contract Number: 582-20-11981
Contract Amendment No. 3
1.2.2. The TCEQ Contract Manager and/or the TCEQ Project Manager has
the authority, without a formal amendment, to make written Contract
interpretations and agree in writing to minor, non-material changes to
requirements in the Scope of Work or Performing Party's Statement of Work
including:
1.2.2.1. Changes to the schedule in the Contract including an
extension of a deliverable due date, not to exceed the expiration date
of the Contract;
1.2.2.2. Changes to the individual tasks in the Scope of Work or
Performing Party's Statement of Work that do not substantially
change the obligations of the parties relative to those tasks, and
1.2.2.3. Transfers between the authorized amounts of expenditures
in the Cost Budget, not to exceed 10% of the total amount.
1.2.3. To be effective, the contract changes agreed to by TCEQ must be in
writing and must also be agreed to by an authorized Representative of the
Performing Party. An email containing the change and an approving
response from the other Party is sufficient. A copy of the agreed change
must be retained in the appropriate file of both the Performing Party and
TCEQ.
1.2.4. It is the responsibility of the Performing Party to request extensions
to the deliverable schedule and the other changes that are within the
authority of
2. The following is added to Article 4, REIMBURSEMENT, in the General Terms and
Conditions:
4.9 Advance Requests. The TCEQ will advance payments to the Performing Party
up to 50% of the amount the Maximum Authorized Reimbursement on the
Contract Signature Page is increased by this Amendment. This advance payment is
for work to be performed in accordance with the Scope of Work and Rider 7 in the
TCEQ FY24-25 appropriation (HB 1, 88th Legislature). This advance must be
requested in writing by the Performing Party after this Amendment is fully
executed and once funds are available.
4.9.1 Conditional Advance. Funds are advanced on the condition of the Scope of
Work being performed in compliance with the Contract. Performing Party shall
return payment to TCEQ for either funds unspent or activities undertaken that are
not compliant with the Scope of Work. This does not limit or waive any other
TCEQ remedy. Any money that has not been spent in accordance with this
Contract by December 31, 2025 must be immediately refunded to TCEQ in
accordance with TXGMS Closeout procedures. Performing Party agrees to return
unspent or unauthorized funds within 90 days of the Contract Expiration Date.
4.10 Financial Status Report. The Performing Party will submit a quarterly report
on the Financial Status Report (FSR, Attachment D to original contract),
documenting the allowable expenditures, and administrative costs incurred in the
previous quarter for performing the Scope of Work and the remaining balance of
funds. The Performing Party's FSRs shall be complete and conform to all
reimbursement or invoice requirements specified by TCEQ. The Performing Party
must include documentation with the FSR demonstrating expenses incurred. All
Page 2 of 18
Contract Number: 582-20-11981
Contract Amendment No. 3
administrative costs are capped by Rider 7 in the TCEQ FY24-25 appropriation (HB
1, 88th Legislature) at 10%, and this limit must be demonstrated on each FSR.
4.11 Reporting by Subcontractors. Performing Party shall require, by contract, its
subcontractors to invoice it monthly. Costs relating to subcontractors shall be
invoiced to TCEQ quarterly.
3. ADMINISTRATIVE COSTS
3.1. In accordance with Rider 7 in the TCEQ FY24-25 appropriation (HB l, 88th
Legislature), no more than 10 percent of the allocation can be used for
administrative purposes.
3.2. Administrative Costs are costs incurred by the Performing Party that can be
identified separately and assigned to a specific project, used in order to properly
administer and manage the contract funds. Administrative costs may include, but
are not limited to, providing general supervision for grant activities, administering
sub-contracts, and submitting reports and invoices.
4. SPECIFIC INFORMATION REQUIREMENTS FOR INVOICES.
4.1 Invoices must include the following, as applicable, on the face of the invoice:
Invoice date
Service dates
TCEQ Contract No.
Performing Party Vendor Identification No.
Performing Party mailing address, Fax No. and Telephone No.
Name(s) of Performing Party Project Representative
Item/service description
Amount invoiced
Name and telephone number of individuals designated by Performing Party to
answer questions regarding the invoice (if other than Performing Party's Project
Representative for Contractual Matters)
Invoice total
Backup documentation for Performing Party and subcontractor costs. A Financial
Status Report (may also be referred to as FSR, Form 269a, or TCEQ Form 20248)
4.2 Whenever a cost is to be determined under a Cost Budget, Performing Party
will establish and maintain records of costs in accordance with TXGMS and
generally accepted accounting principles and practices and submit, in a format
acceptable to TCEQ, an itemized price breakdown together with supporting
documentation. All service dates on invoices must match supporting
documentation dates.
5. RELATIONSHIP OF CERTAIN PROVISIONS
5.1. Unless there is a clear conflict between the requirements in the General Terms
and Conditions and the Scope of Work (SOW), the requirements should be read in
harmony. The SOW may waive or modify General Terms and Conditions regarding:
intellectual property, lab accreditation, technical data, and Quality Assurance
Page 3 of 18
Contract Number: 582-20-11981
Contract Amendment No. 3
Project Plans. The waiver or modification in the SOW must explicitly refer to the
provision in the General Terms and Conditions that it waives or modifies.
6. GRANTEE PERFORMANCE EVALUATION
6.1. Performance evaluations are a part of the TCEQ review of the Performing
Party and may be a factor in the selection of future grants. The TCEQ may provide
this information to state agencies and others. The Performing Party consents to
the disclosure of any information or opinion in the evaluations.
7. PERSONNEL ELIGIBILITY UST (PEL)
7.1. All individuals charged as direct costs under the contract must be included on
the PEL (Attachment B to the original Contract). To make substitutions to
individuals listed on the PEL or to add individuals to the PEL, the Performing Party
must submit an updated PEL to the TCEQ Contract Manager. The Performing Party
shall not use the individuals substituted or added to the PEL prior to receiving an
electronic mail from the TCEQ Contract Manager stating that TCEQ has no
objection to the updated PEL, unless failure to immediately proceed with the
substitution or addition will jeopardize the successful performance of the grant
activities. If prior notification of the substitution or addition will jeopardize the
successful performance of the Grant Activities, the Performing Party must
immediately notify TCEQ by providing the updated PEL.
8. AUTHORIZATION
8.1. A Notice to Proceed document will not be required for this Contract. The last
date of signature by the parties shown on the Contract SignaturePageshall make
the agreement effective and allow the Performing Party to proceed with the
Contract Activities.
9. LIMITATION ON GRANTS TO UNITS OF LOCAL GOVERNMENT
9.1. The Performing Party will ensure that any expenditure of funds received
under this grant complies with the Limitation on Grants to Units of Local
Government under Article IX, Part 4, Section 4.04 of the General Appropriations
Act (HB l, 88th Legislature).
4. General Terms and Conditions now reads as follows. These terms are modified
by the above Special Terms and Conditions. The Special Terms and Conditions
take precedence over the General Terms and Conditions as here amended.
1. CONTRACT PERIOD
1.1.Contract Period. The Contract begins on the Effective Date and ends on
the Expiration Date as provided on the Contract Signature Page. If no
Effective Date is provided, the Effective Date of the Contract is the date of
last signature. If no Expiration Date is provided, the Expiration Date is
August 31 of the same Fiscal Year in which the Contract is signed.
1.2.Amendments. This Contract is not subject to competitive selection
requirements and may be amended by mutual agreement. Except as
specifically allowed by the Contract, all changes to the Contract require a
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Contract Amendment No. 3
written amendment that is signed by both parties.
1.2.1.Material Changes. Material changes to the Contract require a written
amendment signed by both parties. These amendments take effect
when signed by the Performing Party and TCEQ, unless otherwise
designated in the amendment. Material changes include the following:
1.2.1.1. Changes in the total amount of funds in the Budget or the
Contract;
1.2.1.2. Changes to the Contract’s Expiration Date;
1.2.1.3.Changes to the Scope of Work that affect TCEQ’s obligations to
the entity providing funding, such as the United States
Environmental Protection Agency (EPA), another state or federal
agency, or the Texas Legislature; and
1.2.1.4. Changes that affect the material obligations of the Performing
Party in this Contract.
1.2.2.Unilateral Amendments. As specifically allowed by the Contract, TCEQ
may issue unilateral amendments. Unilateral amendments take effect
when issued by TCEQ.
1.2.3.Minor Changes. The TCEQ Contract Manager and/or the TCEQ Project
Manager has the authority, without a written amendment, to correct
typographical errors; make written Contract interpretations; and make
minor, non-material changes to the requirements in the Scope of Work,
the Procedures for Work Orders, or the Work Orders (including
Proposals for Grant Activities); or as agreed to elsewhere in the
Contract. Performing Party must provide TCEQ with a written objection
to any Minor Change no later than five (5) business days from the
effective date of the Minor Change. A copy of the agreed change shall
be retained in the appropriate file by both the Performing Party and
TCEQ.
1.2.3.1.Minor,non-materialchangesinclude:
1.2.3.1.1. Changes to the schedule in the Scope of Work including
an extension of a deliverable due date, not to exceed the
expiration date of the Contract;
1.2.3.1.2. Changes to the schedule in the Work Order including an
extension of a deliverable due date, not to exceed the
expiration date of the Work Order;
1.2.3.1.3. Changes to the individual tasks/activities in the Scope
of Work or Work Order, if applicable, that do not
substantially change the obligations of the Parties
relative to those tasks/activities;
1.2.4.It is the Performing Party’s responsibility to request extensions to the
deliverable schedule and other changes that are within the authority of
TCEQ.
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Contract Amendment No. 3
1.3.Extensions. TCEQ may by unilateral written amendment extend the
Expiration Date for a period of up to 90 days. Unless otherwise indicated
in the applicable contract amendment, an extension does not extend any
other deadlines or due dates other than the expiration of the Contract
Period.
2. FUNDS
2.1 Availability of Funds. This Contract and all claims, suits or obligations
arising under or related to this Contract are subject to the receipt and
availability of funds appropriated by the Texas Legislature for the
purposes of this Contract or the respective claim, suit or obligation, as
applicable. Performing Party will ensure that this article is included in any
subcontract it awards.
2.2 Maximum Authorized Reimbursement. The total amount of funds
provided by TCEQ for the Contract will not exceed the amount of the
Maximum Authorized Reimbursement, as amended.
2.3 Fiscal Year Restrictions. In order to be reimbursed under this Contract,
costs must be incurred during the Contract Period and within the time
limits applicable to the funds from which the Contract is being paid. TCEQ
deadlines to match the maximum period
is not obligated to extend
of the funding.
2.4 Grants. If this Contract was entered under the TCEQ’s authority to award
grants, TCEQ is providing financial assistance to the recipient to
undertake its own project.
2.5 No Debt against the State. This Contract is contingent on the continuing
appropriation of funds. This Contract shall not be construed to create
debt against the State of Texas.
2.6 Abortion Funding Limitation. Performing Party represents and warrants
that payments made by TCEQ to Performing Party and Performing Party’s
receipt of appropriated funds under the Contract are not prohibited by
Article IX, Section 6 of the General Appropriations Act, nor by Texas
Government Code Chapter 2273 Prohibited Transactions.
2.7 Excluded Parties. Performing Party represents and warrants that it is not
listed in the prohibited vendors lists authorized by Executive Order No.
13224, “Blocking Property and Prohibiting Transactions with Persons Who
Commit, Threaten to Commit, or Support Terrorism,” published by the
United States Department of the Treasury, Office of Foreign Assets
Control. Performing Party will notify TCEQ if it can no longer make this
representation.
2.8 COVID-19 Vaccine Passport Prohibition. Under § 161.0085 of the Texas
Health and Safety Code, Performing Party certifies that it is not ineligible
to receive the Contract and will maintain this certific ation throughout the
term of the Contract.
3. ALLOWABLE COSTS
3.1 Conforming Activities. TCEQ will reimburse the Performing Party for
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Contract Amendment No. 3
necessary and reasonable Allowable Costs that are incurred and paid by
the Performing Party in performance of the Scope of Work as authorized
by this Contract in the Cost Budget or Fixed Payment Amounts.
3.2 TxGMS. Allowable Costs are restricted to costs that comply with the
Texas Grant Management Standards (TxGMS) and applicable state and
federal rules and law. The parties agree that all the requirements of
TxGMS apply to this Contract, including the criteria for Allowable Costs.
Additional federal requirements apply if this Contract is funded, in whole
or in part, with federal funds.
4. REIMBURSEMENT
4.1.ReimbursementRequests.PerformingPartyshallinvoiceTCEQto
request reimbursement for its Allowable Costs incurred in
performing the Scope of Work. Performing Party’s invoice shall
conform to all reimbursement requirements specified by TCEQ.
4.2.Personnel Eligibility List (PEL). If TCEQ will be reimbursing salary or
wages, Performing Party must submit a completed Personnel Eligibility
List (PEL) prior to starting activities under this Contract and an
updated PEL with any invoice following changes to the information
provided in the most recent PEL. If a Contract amendment is necessary
due to changes reflected on the PEL, Performing Party must
immediately submit an updated PEL with a request to amend the
Contract.
4.3.Level-of-Effort Reporting. Performing Party must submit records to
support reimbursement requests for exempt employee salaries, where
costs are determined based on percentage of the employee’s time
performing activities. These records must meet the Standards for
Documentation of Personnel Expenses in TxGMS or 2 CFR § 200.430, as
applicable based on whether state or federal money is used by TCEQ to
fund the grant activities.
If TCEQ determines that the records do not comply with the
requirements of TxGMS or 2 CFR § 200.430, the Performing Party will
work with TCEQ to bring the level of certification into compliance. TCEQ
may require the Performing Party to complete the attached Level-of Effort
Certification form The LEC form must be completed and submitted with
each invoice, unless otherwise approved by TCEQ in writing.
4.4.Timesheets. The performing Party must retain records of timesheets
supporting reimbursement requests for nonexempt employees, which are
maintained as part of Performing Party’s timekeeping system. Timesheets
are not required to be submitted with each request for reimbursement;
however, the Performing Party must make timesheets available upon
request by TCEQ, as necessary for TCEQ to perform its monitoring
requirements and audit purposes.
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Contract Amendment No. 3
4.5.Conditional Payments. Reimbursements are conditioned on the Scope
of Work being performed in compliance with the Contract. Performing
Party shall return payment to TCEQ for either overpayment or activities
undertaken that are not compliant with the Scope of Work. This does
not limit or waive any other TCEQ remedy.
4.6.No Interest for Delayed Payment.Since the Performing Party is not a
vendor of goods and services within the meaning of Texas Government
Code Chapter 2251, no interest is applicable for any late payments.
4.7. Release of Claims. As a condition to final payment or settlement, or
both, the Performing Party shall execute and deliver to the TCEQ a
release of all claims against the TCEQ for payment under this Contract.
4.8.State Agencies/Institutions of Higher Education. If the Performing Party
is a state agency or institution of higher education, payments must be
made via interagency transaction voucher (ITV); please provide a
Recurring Transaction Index (RTI) number on the face of the invoice. For
payments that are to be deposited into a local bank account, the
following statement must be placed on the face of the invoice: “Funds to
be deposited into local bank account.” For additional information, please
refer to the Texas Comptroller’s Accounting Policy Statement (APS) 014.
5. FINANCIAL RECORDS, ACCESS, AND AUDITS
5.1 Audit of Funds. The Performing Party understands that acceptance of
funds under this Contract acts as acceptance of the authority of the
State Auditor’s Office, or any successor agency, to conduct an audit or
investigation in connection with those funds. Performing Party further
agrees to fully cooperate with the State Auditor’s Office or its successor
during any audit or investigation, including providing all records
requested. Performing Party shall ensure that this clause concerning the
audit of funds accepted under this Contract is included in any
subcontract it awards.
5.2 Financial Records. Performing Party shall establish and maintain
financial records including records of costs of the Scope of Work in
accordance with generally accepted accounting practices. Upon request
Performing Party shall submit records in support of reimbursement
requests. Performing Party shall allow access during business hours to
its financial records by TCEQ and other state agencies for the purpose of
inspection and audit. Financial records regarding this contract shall be
retained for a period of three (3) years after date of submission of the
final reimbursement request.
6. PERFORMING PARTY’S RESPONSIBILITIES
6.1 Performing Party’s Responsibility for the Scope of Work. Performing
Party undertakes performance of the Scope of Work as its own project
and does not act in any capacity on behalf of the TCEQ nor as a TCEQ
agent or employee. Performing Party agrees that the Scope of Work is
performed at Performing Party’s sole risk as to the means, methods,
design, processes, procedures, and performance.
6.2 Identification and Flow Down Requirements. Any subaward from this
Contract by the Performing Party to a subgrantee must be clearly
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Contract Amendment No. 3
identified as a subaward. The Performing Party must flow down
applicable Contract requirements to subgrantees and subcontractors.
6.3 Independent Contractor. The parties agree that the Performing Party
is an independent contractor. Nothing in this Contract shall create an
employee- employer relationship between Performing Party and
TCEQ. Nothing in this Contract shall create a joint venture between
TCEQ and the Performing Party.
6.4 Performing Party’s Responsibilities for Subcontractors.All acts and
omissions of subcontractors, suppliers, and other persons and
organizations performing or furnishing any of the Scope of Work under a
direct or indirect contract with Performing Party shall be considered to
be the acts and omissions of Performing Party.
6.5 No Third Party Beneficiary. TCEQ does not exercise any of its rights
and powers under the Contract for the benefit of third parties. Nothing
in this Contract shall create a contractual relationship between TCEQ
and any of the Performing Party’s subcontractors, suppliers, or other
persons or organizations with a contractual relationship with the
Performing Party.
6.6 Security Requirements. If Performing Party accesses, transmits, uses,
or stores TCEQ data:
1) Performing Party shall meet the security controls specified by TCEQ;
and
2) Performing Party must annually provide TCEQ documentation
demonstrating that it meets the specified TCEQ security
requirements.
6.7 Cybersecurity Training. Performing Party shall ensure that any
Performing Party representative (employee, officer, or subcontractor
personnel) who has Access to a TCEQ Computer System or Database
completes a cybersecurity training program certified by the Texas
Department of Information Resources (DIR) under § 2054.519 of the
Texas Government Code, when the Contract is executed and annually as
applicable.
6.7.1 “Access to TCEQ Computer System or Database” means having a
TCEQ network user account or the authorization to maintain, modify,
or allow access control to any TCEQ web page, TCEQ computer
system, or TCEQ database.
6.7.2 Within seven (7) days after the execution of the Contract, the Performing
shall provide a list of persons requiring training to the TCEQ Contract
Manager, and thereafter provide an updated list by the first workday of
any additional person who becomes subject to the cybersecurity training
requirements. For applicable umbrella contracts, Performing Party shall
provide a list of any persons requiring training within seven (7) days of
issuance of Notice to Proceed/Commence for any Work Order that
requires Access to a TCEQ Computer System or Database.
6.7.3 If a Performing Party representative has previously completed a DIR-
certified cybersecurity training during a State of Texas fiscal year in
which the Contract is effective, Performing Party shall provide evidence
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Contract Amendment No. 3
that the Performing Party representative completed the required training
to the TCEQ Contract Manager within seven (7) days after the execution
of the Contract or as applicable, the issuance of a Notice to
Proceed/Commence for any Work Order that requires Access to a TCEQ
Computer System or Database.
6.7.4 For Contracts that have contract periods that exceed a year (extend
beyond August 31 of the year in which they are entered), all persons
performing Work under the Contract shall take cybersecurity training
renewal each fiscal year after the year in which the contract becomes
st
effective. By August1each year, the Performing Party must provide to
the TCEQ Contract Manager either: (1) a list of persons that must
complete cybersecurity training during the upcoming State of Texas
Fiscal Year; or (2) provide evidence that the Performing Party
representative completed the required training. Performing Party shall
retain in their records, and upon request, provide the TCEQ Contract
Manager evidence that the training was successfully completed.
6.7.5 TCEQ will provide access to the cybersecurity training program.
Performing Party is responsible for all other costs associated with
their representatives completing the training, including time spent
completing the training.
6.7.6 Performing Party shall notify the TCEQ Contract Manager within two (2)
business days when a person with Access to a TCEQ Computer System
or Database no longer needs Access to such Computer System or
Database.
6.7.7 TCEQ may terminate the Contract for Cause if Performing Party fails to
adhere to any of the above terms, including completing the required
certified cybersecurity training or notifying the TCEQ Contract Manager
when access is no longer needed.
6.7.8 TCEQ may terminate the Contract for Cause if a Performing Party
representative misuses a TCEQ Computer System or Database, including
allowing multiple individuals to utilize a single individual’s TCEQ
network user account.
6.8 Prohibited Technologies. Performing Party certifies that Prohibited
Technologies will not be used on any of Performing Party’s or its
employees’, contractors’, and subcontractors’ devices including
personally-owned devices, if those devices are used to access state-
owned data or information systems. These devices include cell phones,
tablets, desktop and laptop computers, and other internet-capable
devices. “Prohibited Technologies” refers to software, applications,
technologies, hardware, and equipment, and any of the aforementioned
items made by the developers or manufacturers on the Prohibited
Technologies list located on the Texas Department of Information
Resources’ website at: https://dir.texas.gov/information-
security/prohibited-technologies. In addition to the DIR list, TCEQ in its
sole discretion may designate additional prohibited technologies.
7. TIME AND FORCE MAJEURE
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Contract Amendment No. 3
7.1 Time is ofthe Essence. Performing Party’s timely performance is a
material term of this Contract.
7.2 Delays. Where Performing Party’s performance is delayed, except by
Force Majeure or act of the TCEQ, TCEQ may withhold or suspend
reimbursement, terminate the Contract for cause, or enforce any of its
other rights (termination for convenience may be effected even in case
of Force Majeure or act of TCEQ).
7.3 Force Majeure. Force majeure is defined as acts of God, war, fires,
explosions, hurricanes, floods, or other causes that are beyond the
reasonable control of either party, could not reasonably be foreseen, and
by the exercise of all reasonable due diligence, is unable to be overcome
by either party. Neither party shall be liable to the other for any failure
or delay of performance of any requirement included in the contract
caused by force majeure. Upon timely notice by the non-performing
party, the time for performance shall be extended for a reasonable
period after the causes of delay or failure have been removed provided
the non-performing party exercises all reasonable due diligence to
perform. The non-performing party must provide evidence of any failure
resulting in impossibility to perform.
8. CONFLICT OF INTEREST
8.1 Performing Party shall have a policy governing disclosure of actual and
potential conflicts of interests. Specifically, for work performed under
this Contract by Performing Party or any related entity or individual,
Performing Party shall promptly disclose in writing to TCEQ any actual,
apparent, or potential conflicts of interest, including but not limited to
disclosure of:
a. Any consulting fees or other compensation paid to employees,
officers, agents of Performing Party, or members of their immediate
families, or paid by subcontractor or subrecipients; or
b. Any organizational conflicts of interest between Performing Party
and its subcontractors or subrecipients under a subaward.
8.2 No entity or individualwith any actual, apparent, or potential conflict of
interest will take part in the performance of any portion of the Scope of
Work, nor have access to information regarding any portion of the Scope
of Work, without TCEQ’s written consent in the form of a unilateral
amendment. Performing Party agrees that TCEQ has sole discretion to
determine whether a conflict exists, and that a conflict of interest is
grounds for termination of this Contract.
9. DATA AND QUALITY
9.1 Quality and Acceptance. All work performed under this Contract must
be complete and satisfactory in the reasonable judgment of the TCEQ. All
materials and equipment shall be handled in accordance with
instructions of the applicable supplier, except as otherwise provided in
the Contract.
9.2 Quality Assurance. All work performed under this Contract that
involves the acquisition of environmental data will be performed in
accordance with a TCEQ- approved Quality Assurance Project Plan (QAPP)
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Contract Amendment No. 3
meeting all applicable TCEQ and EPA requirements. Environmental data
includes any measurements or information that describe environmental
processes, location, or conditions, and ecological or health effects and
consequences. Environmental data includes information collected
directly from measurements, produced from models, and compiled from
other sources such as databases or literature. No data collection or other
work covered by this requirement will be implemented prior to
Performing Party’s receipt of the QAPP signed by TCEQ and, if necessary,
the EPA. Without prejudice to any other remedies available to TCEQ,
TCEQ may refuse reimbursement for any environmental data acquisition
performed prior to approval of a QAPP by TCEQ and, if necessary, the
EPA. Also, without prejudice to any other remedies available to TCEQ,
Performing Party’s failure to meet the terms of the QAPP may result in
TCEQ’s suspension of associated activities and non-reimbursement of
expenses related to the associated activities.
9.3 Laboratory Accreditation. Any laboratory data or analyses provided
under this Contract must be prepared by a laboratory that is accredited
by TCEQ according to 30 Texas Administrative Code Chapter 25,
subchapters A and B, unless TCEQ agrees in writing to allow one of the
regulatory exceptions specified in 30 Texas Administrative Code § 25.6.
10. INTELLECTUAL PROPERTY
10.1. Third Party Intellectual Property. Unless specifically modified in an
amendment or waived in a unilateral amendment, Performing Party must
obtain all intellectual property licenses expressly required in the Scope of
Work, or incident to the use or possession of any deliverable under the
Contract. Performing Party shall obtain and furnish to TCEQ:
documentation on the use of such intellectual property, and a perpetual,
irrevocable, enterprise-wide license to reproduce, publish, otherwise use,
or modify such intellectual property and associated user documentation,
and to authorize others to reproduce, publish, otherwise use, or modify
such intellectual property for TCEQ non-commercial purposes, and other
purposes of the State of Texas.
10.2.Grant of License.Performing Party grants to TCEQ a nonexclusive,
perpetual, irrevocable, enterprise-wide license to reproduce, publish,
modify, or otherwise use for any non-commercial TCEQ purpose any
preexisting intellectual property belonging to the Performing Party that
is incorporated into any new works created as part of the Scope of
Work, intellectual property created under this Contract, and associated
user documentation.
11. INSURANCE AND INDEMNIFICATION
11.1 Insurance. Unless prohibited by law, the Performing Party shall require
its contractors to obtain and maintain during the Contract Period
adequate insurance coverage sufficient to protect the Performing Party
and the TCEQ from all claims and liability for injury to persons and for
damage to property arising from the Contract. Unless specifically waived
by the TCEQ, sufficient coverage shall include Workers Compensation
and Employer’s Liability Insurance, Commercial Automobile Liability
Insurance, and Commercial General Liability Insurance. Before any
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Contract Amendment No. 3
Performing Party contractor performs any work at a TCEQ facility,
Performing Party shall provide TCEQ a Certificate of Insurance for the
Contractor’s Workers Compensation and Employer’s Liability Insurance.
11.2 Indemnification. TO THE EXTENT AUTHORIZED BY LAW, THE
PERFORMING PARTY SHALL REQUIRE ALL CONTRACTORS PERFORMING
CONTRACT ACTIVITIES ON BEHALF OF PERFORMING PARTY TO
INDEMNIFY, DEFEND, AND HOLD HARMLESS THE TCEQ AND
PERFORMING PARTY AND THEIR OFFICERS, AND EMPLOYEES, FROM AND
AGAINST ALL LOSSES, LIABILITIES, DAMAGES, AND OTHER CLAIMS OF
ANY TYPE ARISING FROM THE PERFORMANCE OF CONTRACT ACTIVITIES
BY THE CONTRACTOR OR ITS SUBCONTRACTORS, SUPPLIERS AND
AGENTS, INCLUDING THOSE ARISING FROM DEFECT IN DESIGN,
WORKMANSHIP, MATERIALS, OR FROM INFRINGEMENT OF ANY PATENT,
TRADEMARK, OR COPYRIGHT; OR FROM A BREACH OF APPLICABLE
LAWS, REGULATIONS, SAFETY STANDARDS, OR DIRECTIVES. THE
DEFENSE OF TCEQ SHALL BE SUBJECT TO THE AUTHORITY OF THE
OFFICE OF THE ATTORNEY GENERAL OF TEXAS TO REPRESENT TCEQ.
THIS CONVENANT SURVIVES THE TERMINATION OF THE CONTRACT.
12. TERMINATION
12.1 Termination for Cause. TCEQ may, upon providing 10 days’ written
notice and the opportunity to cure to the Performing Party, terminate
this Contract for cause if Performing Party materially fails to comply
with the Contract including any one or more of the following acts or
omissions: nonconforming work, or existence of a conflict of interest.
Termination for cause does not prejudice TCEQ’s other remedies
authorized by this Contract or by law.
12.2 Termination for Convenience. TCEQ may, upon providing 10 days’
written notice to the Performing Party, terminate this Contract for
convenience. Termination shall not prejudice any other right or
remedy of TCEQ or the Performing Party. Performing Party may
request reimbursement for: conforming work and timely, reasonable
costs directly attributable to
termination. Performing Party shall not be paid for: work not performed,
loss of anticipated profits or revenue, consequential damages, or other
economic loss arising out of or resulting from the termination.
12.3 If, after termination for cause by TCEQ, it is determined that the
Performing Party had not materially failed to comply with the Contract,
the termination shall be deemed to have been for the convenience of
TCEQ.
13. DISPUTES, CLAIMS AND REMEDIES
13.1 Payment as a Release. Neither payment by TCEQ nor any other act or
omission other than an explicit written release, in the form of a
unilateral amendment, constitutes a release of Performing Party from
liability under this Contract.
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Contract Amendment No. 3
13.2 Schedule of Remedies availableto the TCEQ. In accordance with Texas
Government Code Chapter 2261 the following Schedule of Remedies
applies to this Contract. In the event of Performing Party’s
nonconformance, TCEQ may do one or more of the following:
13.2.1.Issue notice of nonconforming performance;
13.2.2.Rejectnonconformingperformanceandrequestcorrectionswithout
charge to the TCEQ;
13.2.3.Reject a reimbursement request or suspend further payments,
or both, pending accepted revision of the nonconformity;
13.2.4.Suspend all or part of the Contract Activities or payments, or both,
pending accepted revision of the nonconformity;
13.2.5.Demand restitution and recover previous payments where
performance is subsequently determined nonconforming;
13.2.6.Terminate the contract without further obligation for pending or
further payment by the TCEQ and receive restitution of previous
payments.
13.3 Opportunity to Cure. The Performing Party will have a reasonable
opportunity to cure its nonconforming performance, if possible under
the circumstances.
13.4 Cumulative Remedies. Remedies are cumulative; the exercise of any
remedy under this Contract or applicable law does not preclude or limit
the exercise of any other remedy available under this Contract or
applicable law.
14. SOVEREIGN IMMUNITY
The parties agree that this Contract does not waive any sovereign immunity to
which either party is entitled by law.
15. SURVIVAL OF OBLIGATIONS
Except where a different period is specified in this Contract or applicable law, all
representations, indemnifications, and warranties made in, required by or given in
accordance with the Contract, as well as all continuing obligations indicated in the
Contract, survive for four (4) years beyond the termination or completion of the
Contract, or until four (4) years after the end of a related proceeding. A related
proceeding includes any litigation, legal proceeding, permit application, or State
Office of Administrative Hearings proceeding, which is brought in relation to the
Contract or which in TCEQ’s opinion is related to the subject matter of the
Contract. Either party shall notify the other of any related proceeding if notice of
the proceeding has not been provided directly to that other party.
16. UNIFORM ASSURANCES
16.1 Uniform Assurances. Performing Party assures compliance with the
following uniform assurances from TxGMS, as applicable to this
Contract. Other assurances from TxGMS may be included elsewhere in
this Contract.
16.1.1 Performing Party represents and warrants its compliance with
Texas Government Code Section 2054.5191 relating to the
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Contract Amendment No. 3
cybersecurity training program for local government employees
who have access to a local government computer system or
database.
16.1.2 Performing Party certifies that it and its principals are not
suspended or debarred from doing business with the state or federal
government as listed on the State of Texas Debarred Vendor List
maintained by the Texas Comptroller of Public Accounts and the
System for Award Management (SAM) maintained by the General
Services Administration.
16.1.3 Performing Party agrees that any payments due under the Contract
shall be applied towards any debt or delinquency that is owed to the
State of Texas.
16.1.4 Performing Party represents and warrants that it will comply with
Texas Government Code Section 2252.906 relating to disclosure
protections for certain charitable organizations, charitable trusts,
and private foundations.
16.1.5 In accordance with Texas Government Code Section 669.003, relating
to contracting with the executive head of a state agency, Performing
Party certifies that it is not (1) the executive head of the TCEQ, (2) a
person who at any time during the four years before the date of the
Contract was the executive head of the TCEQ, or (3) a person who
employs a current or former executive head of the TCEQ affected by
this section.
16.1.6 Performing Party acknowledges and agrees that appropriated funds
may not be expended in the form of a grant to, or contract with, a
unit of local government unless the terms of the grant or contract
require that the funds received under the grant or contract will be
expended subject to the limitations and reporting requirements
similar to those provided by the following:
•Parts 2 and 3 of the Texas General Appropriations Act, Art. IX,
except there is no requirement for increased salaries for local
government employees;
•Sections 556.004, 556.005, and 556.006 of the Texas Government
Code; and
•Sections 2113.012 and 2113.101 of the Texas Government Code.
16.1.7 Performing Party represents and warrants that TCEQ’s payments
to Performing Party and Performing Party’s receipt of
appropriated or other funds under the Contract are not
prohibited by Texas Government Code Section 556.0055 which
restricts lobbying expenditures.
16.1.8 Performing Party represents and warrants that in the
administration of the Contract, it will comply with all conflict of
interest prohibitions and disclosure requirements required by
applicable law, rules, and policies, including Texas Local
Government Code Chapter 176. If circumstances change during the
course of the contract or grant, Performing Party shall promptly
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Contract Amendment No. 3
notify TCEQ.
16.1.9 Performing Party represents and warrants its compliance with
Chapter 551 of the Texas Government Code which requires all
regular, special or called meeting of a governmental body to be
open to the public, except as otherwise provided by law.
16.1.10 Performing Party represents and warrants that it does not perform
political polling and acknowledges that appropriated funds may not
be granted to, or expended by, any entity which performs political
polling.
16.1.11 Performing Party certifies that it has not received a final judicial
determination finding it intentionally adopted or enforced a
policy that prohibited or discouraged the enforcement of a public
camping ban in an action brought by the Attorney General under
Local Government Code
§364.003. If Performing Party is currently being sued under the
provisions of Local Government Code §364.003, or is sued under this
section at any point during the duration of this grant, Performing
Party must immediately disclose the lawsuit and its current posture
to the TCEQ.
16.1.12 Performing Party represents and warrants that it will comply with
Texas Government Code Section 321.022, which requires that
suspected fraud and unlawful conduct be reported to the State
Auditor’s Office.
17. CONTRACT INTERPRETATION
17.1 Definitions. The word “include” and all forms such as “including”
mean “including but not limited to” in the Contract and in
documents issued in accordance with the Contract, such as Work
Orders or Proposals for Grant Activities (PGAs).
17.2 Headings. The headings of the sections contained in this Contract are
for convenience only and do not control or affect the meaning or
construction of any provision of this Contract.
17.3 Delivery of Notice. Notices are deemed to be delivered three (3) working
days after postmarked if sent by U.S. Postal Service certified or registered
mail, return receipt requested. Notices delivered by other means are
deemed delivered upon receipt by the addressee. Routine
communications may be made by first class mail, email, or other
commercially accepted means.
17.4 Interpretation of Time. All days are calendar days unless stated
otherwise. Days are counted to exclude the first and include the last day
of a period. If the last day of the period is a Saturday or Sunday or a
state or federal holiday, it is omitted from the computation.
17.5 State, Federal Law. This Contract is governed by, and interpreted under
the laws of the State of Texas, as well as applicable federal law.
17.6 Severability. If any provision of this Contract is found by any court,
tribunal, or administrative body of competent jurisdiction to be wholly or
partly illegal, invalid, void or unenforceable, it shall be deemed severable
Page 16 of 18
Contract Number: 582-20-11981
Contract Amendment No. 3
(to the extent of such illegality, invalidity, or unenforceability) and the
remaining part of the provision and the rest of the provisions of this
Contract shall continue in full force and effect. If possible, the severed
provision shall be deemed to have been replaced by a valid provision
having as near an effect to that intended by the severed provision as will
be legal and enforceable.
17.7 Assignment. No delegation of the obligations, rights, or interests in the
Contract, and no assignment of payments by Performing Party will be
binding on TCEQ without its written consent, except as restricted by law.
No assignment will release or discharge the Performing Party from any
duty or responsibility under the Contract.
17.8 Venue. Performing Party agrees that the Contract is being performed in
Travis County, Texas, because this Contract has been performed or
administered, or both, in Travis County, Texas. The Performing Party
agrees that any cause of action involving this Contract arises solely in
Travis County, Texas.
17.9 Publication. Performing Party agrees to notify TCEQ five (5) days prior to
the publication or advertisement of information related to this Contract.
Performing Party agrees not to use the TCEQ logo or the TCEQ graphic as
an advertisement or endorsement without written permission signed by
the appropriate TCEQ authority.
17.10 Waiver. With the exception of an express, written waiver in the form
of a unilateral amendment signed by TCEQ, no act or omission will
constitute a waiver or release of Performing Party’s obligation to
perform conforming Contract Activities. No waiver on one occasion,
whether expressed or implied, shall be construed as a waiver on any
other occasion.
17.11 Compliance with Laws. TCEQ relies on Performing Party to perform all
Contract Activities in conformity with all applicable laws, regulations,
and rules and obtain all necessary permits and licenses.
17.12 Counterparts.This Contract may be signed in any number of copies.
Each copy when signed is deemed an original and each copy constitutes
one and the same Contract.
17.13 Accessibility.All electronic content and documents created as
deliverables under this Contract must meet the accessibility standards
prescribed in 1 Texas AdministrativeCode §§ 206.50 and 213 for state
agency web pages, web content, software, and hardware, unless TCEQ
agrees that exceptions or exemptions apply.
Page 17 of 18
Contract Number: 582-20-11981
Contract Amendment No. 3
The Effective Date of this Amendment is the date of last signature. All other terms,
conditions and requirements remain unchanged and shall apply to all modifications
made through this Amendment.
TCEQ: Grantee:
Texas Commission on Environmental Quality City of Corpus Christi
By: By:
(Signature) (Signature)
Steven Schar Steven Viera
(Printed Name)(Printed Name)
Deputy Executive Director Assistant City Manager
(Title) (Title)
Date: Date:
Page 18 of 18
Ordinance
Ordinanceaccepting$424,212.00foranincreaseintheAir
QualityPlanningGrantfromtheTexasCommissionon
EnvironmentalQualitytoprovideairqualityplanningactivitiesfor
fiscalyear24/25;appropriating$424,212.00intheHealthGrant
Fund;andauthorizinganamendmenttoaninterlocalcooperation
agreementwithTexasA&MUniversity-CorpusChristitoadd
$381,791.00forairqualitymonitoringservicesthroughDecember
31,2025.
City Council
March 19, 2024
Summary & Background
Nueces County Public Health District in partnership with
TAMU-CC continued Air Quality Monitoring.
•TheTexasCommissiononEnvironmentalQuality(TCEQ)providesfundingto
monitoringAirQualityinTexasthroughtheRider7StateandLocalAirQuality
PlanningProgram.
•TheRider7programbeganin1995tosupportlocaleffortstoimproveairquality
andattainingFederalOzoneNationalAmbientAirQualityStandards.
•ThegoaloftheRider7programistoensureairshedsinTexasdonotenter
“nonattainment”status.Nonattainmentoccurswhenanairsheddoesnotmeet
thenationalprimaryorsecondaryambientairqualitystandardsasestablished
bytheNationalAmbientAirQualityStandards.
•Enteringnonattainmentcanhavesignificantregulatoryandfiscalconsequences
forbusinesseswithintheairshed
City Council
March 19, 2024
Summary & Background Continued
•TCEQextendedtheexistingRider7grantfortwoadditionalyears
throughDecember31,2025(FY2024/2025).
•TCEQallocated$424,212forFY2024/2025toconductairquality
monitoringofthelocalairshed.
•ThegrantrequiredAirQualitymonitoringisconductedbythe
DepartmentofPhysicalandEnvironmentalSciencesattheTexas
A&MUniversity-CorpusChristi(TAMU-CC
•Airqualitydataisgathered,reviewed,analyzed,byateamof
environmentalscientistsandreportedtothePublicHealthDistrictand
TCEQmonthly
City Council
March 19, 2024
Corpus Christi Urban Airshed 3-year rolling
average for ozone trending
City Council
March 19, 2024
Findings
TAMU-CCcompletesthefollowingtasksfortheAirQualityMonitoring(Rider7)Program:
1.CreateaQualityAssuranceProjectPlanforthemonitoringofairquality
2.Operating6airmonitoringsub-stationsthroughoutthelocalairshed
a.HollyRoad,AransasPass,Odem,Annaville,TAMU-CCCampus,HealthDistrict
3.CreationofanewairmonitoringstationatthePublicHealthDistrict
4.ImplementamobileairmonitoringcampaigninCorpusChristi
5.Conductadetailedanalysisofambientairqualitymonitoringincluding:
a.Evaluationofwindspeeds,winddirections,relativehumidityandtemperatureassociatedwithbackgroundandhigh
ozoneeventstodeterminethelocalconditionsandsourcesassociatedwithhigh/lowozonelevels
b.Determinetrendsassociatedwithbackgroundandhighozonelevels
c.Determine24-hourairmassbacktrajectoriesusingNOAAHYSPLITsoftwaretodeterminesourceregionslikelyto
affectlocalareaozone.
d.Performweekdayvs.weekendanalysistoevaluatethepotentialeffectivenessofreducedlevelsoflocalindustrialand
mobilesourceactivity
e.AddressquestionslistedinSection11.1.1ofEPA’sozonemodelingguidancedocument,GuidanceontheUseof
ModelsandOtherAnalysestoDemonstratingAttainmentofAirQualitygoalsforOzone,PM2.5,andRegionalHaze.
f.Investigateozonetrendsanddeterminetheannualfrequencyofhighozonedays
g.Createozoneisopleth(Figure3)byplottingozoneconcentrationsvs.NOxatallfivesitesandVOC(CAMS1024)
concentrationdatainordertodetermineNOxvs.VOClimitedscenariosintheCorpusChristiairshed.
6.ConductadetailedanalysisofsoilbiogenicNOXfluxcharacterization
7.CompleteanddeliverquarterlyprogressreportsandfinancialstatusreportstoTCEQ
8.AllothercontractualobligationsasdescribedbyTCEQstatementofwork
ContinuedparticipationintheAirQualityMonitoring(Rider7)programandtheTAMU-CCpartnershipisinaccordancewithhistorical
andbestpracticesforairqualitymonitoring.
City Council
March 19, 2024
Fiscal Impactand Staff Recommendation
Fiscalimpact
•TCEQ Contract No. 582-20-11981 has a total value for FY24/25 of
$424,212.
•Appropriates the $424,212.00 in the Health Grant Fund.
•No match is required for this contract.
Staff Recommends Approval
City Council
March 19, 2024
AGENDA MEMORANDUM
First Reading for the City Council Meeting of March 19, 2024
Second Reading for the City Council Meeting of March 26, 2024
DATE: February 23, 2024
TO: Peter Zanoni, City Manager
FROM: Heather Hurlbert, CPA CGFO, Assistant City Manager
HeatherH3@cctexas.com
(361) 826-3506
Ordinance Amending Tax Increment Reinvestment Zone #3 Fiscal Year 2023-24
Operating Budget for Payout to Agnes Water, LLC at 401 Water Street
CAPTION:
Ordinance amending the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone
#3 (TIRZ #3) budget, to increase expenditures by a total of $3,690.60.
SUMMARY:
This Ordinance authorizes an amendment to the FY 2023-24 TIRZ #3 budget for Payout to
Agnes Water, LLC in the amounts of $723.47 for tax year 2020 and $2,967.13 for tax year 2021,
from the TIRZ #3 Project Specific Development Program.
BACKGROUND AND FINDINGS:
After the successful renovation of a building that had been vacant for 30+ years, Stonewater
Properties, LLC submitted the completion of improvements made to the property located at 401
Water Street in 2019, making them eligible for a 5-year reimbursement. In 2020, Agnes Water,
LLC bought out Stonewater Properties, LLC, thereby transferring all future reimbursement
payments to Agnes Water, LLC. They did not submit a request for reimbursement at that time.
In 2021, the appraised value of the property increased significantly, prompting Agnes Water,
LLC to submit a property tax appeal. Because of the tax appeal, Agnes Water, LLC was
ineligible for reimbursement for tax years 2020 and 2021 at that time. In October 2023, Agnes
Water, LLC submitted a request for reimbursement and staff paid out a reimbursement amount
of $11,722.58 for tax year 2022 but could not issue payment for tax years 2020 and 2021
without a motion of approval from the TIRZ #3 Board.
At the February 20, 2024 meeting, the board authorized a resolution authorizing an amendment
to the FY 2023-24 Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget,
which increases expenditures by a total of $3,690.60, for the increased funding for the
Downtown Development Reimbursement Agreement payout to Agnes Water, LLC, for $723.47
for tax year 2020 and $2,967.13 for tax year 2021.
ALTERNATIVES:
The City Councilcan choose to not approve this ordinance or choose to make changes.
FISCAL IMPACT:
The fiscal impact is in the amount of $3,690.60 from the TIRZ #3 unreserved fund balance.
Funding Detail:
Fund: 1112 TIF #3
Organization/Activity: 10279 Project Specific Development Program
Department: 57 Economic Development
Project # (CIP Only): N/A
Account: 540450 Reimbursement to Developers
RECOMMENDATION:
Staff recommends approving the TIRZ #3 FY 2023-24 operating budget amendment for payout
to Agness Water, LLC at 401 Water Street.
LIST OF SUPPORTING DOCUMENTS:
N/A
Ordinance amending the FY 2023-24 Corpus Christi Tax Increment
Reinvestment Zone #3 (TIRZ #3) budget, to increase expenditures by
a total of $3,690.60.
WHEREAS, the budget for Corpus Christi Tax Increment Reinvestment Zone No.
FY 2023-24 operating budget in Ordinance
No. 033151;
WHEREAS, the TIRZ #3 Board has approved an amendment to the FY 2023-24
Corpus Christi Tax Increment Reinvestment Zone #3 (TIRZ #3) budget, which increases
expenditures by $3,690.60 for the increased funding for the Corpus Christi Downtown
Management District's (DMD) Downtown Development Reimbursement Agreement
payout to Agnes Water, LLC, for $723.47 for tax year 2020 and $2,967.13 for tax year
2021; and
WHEREAS, the funds to reimburse Agnes Water, LLC for tax years 2020 and 2021
were not appropriated or included in the approved budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS:
SECTION 1. That funds in the amount of $3,690.60 are appropriated from the unreserved
balance of Downtown TIF #3 Fund No. 1112.
SECTION 2. That the FY 2023-24 operating budget adopted by Ordinance No. 033151 is
amended by increasing expenditures by $3,690.60.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting March 19, 2024
Second Reading Ordinance for the City Council Meeting March 26, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4@cctexas.com
(361) 826-1292
Ordinance authorizing a one-year lease agreement with Turo, Inc. for Peer-to-Peer
Vehicle Sharing Services at Corpus Christi International Airport.
CAPTION:
Ordinance authorizing the City Manager to execute a one-year lease agreement with
Turo, Inc. for peer-to-peer vehicle sharing service at Corpus Christi International Airport,
with two one-year options to renew, in consideration of monthly lease payments based
on 10% of gross revenue.
SUMMARY:
The operating agreement gives Turo the ability to operate in designated paid parking lots
of the Corpus Christi International Airport for a percentage of gross revenue. The term of
the operating agreement is for one year, with two one-year options for renewal.
BACKGROUND AND FINDINGS:
Turo is a peer-to-peer carsharing company based in San Francisco, California. The
company does not own nor maintain any vehicles, but allows private vehicle owners to
rent their vehicles to others via a phone app. The company launched in 2012 and its
usage skyrocketed during the COVID pandemic. Since then, the company has continued
to grow in communities across the country.
Turo operates in the Corpus Christi community, and many vehicle owners offer the ability
to pick up their vehicle at Corpus Christi International Airport. Today, these vehicles are
parked in Short Term and exchanged with renters without any revenue of this transaction
being captured by the City.
Airport staff and Turo began discussions in 2023 to enter an operating agreement. The
terms of the agreement include a concessionaire fee equal to ten percent of gross
revenues. Turo users will be authorized to operate in the Short Term parking lot but must
pay the daily rate for the parking lot. No parking spaces are expressly reserved for Turo
vehicles.
ALTERNATIVES:
Alternatives include allowing Turo to continue to operate without an operating agreement,
which relieves them of remitting any revenue to the City.
FISCAL IMPACT:
The airport will receive a use fee equal to 10% of the gross revenue related to any
transaction in which a shared vehicle driver selects the airport for delivery of a shared
vehicle. Parking lot fees are applicable for all vehicles parked longer than 3 hours.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000
Department: 53
Project # (CIP Only): n/a
Account: 320650
RECOMMENDATION:
City staff recommends approval of this action item.
The Airport Board recommended approval of this action item at their regularly scheduled
Board meeting.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Peer to Peer Car Sharing Agreement
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
Monthly Revenue Report
Peer to Peer Vehicle Sharing Service
Revised: 1/12/2024
EXHIBIT B
COMPANY :
PERIOD :
(Month/Year)
DAY OF DAY OF
TOTAL DROP TOTAL TOTAL DROP TOTAL
THE TOTAL PICK UPSGROSS SALESTHE TOTAL PICK UPSGROSS SALES
OFFSTRANSACTIONSOFFSTRANSACTIONS
MONTHMONTH
1ST16TH
2ND17TH
3RD18TH
4TH19TH
5TH20TH
6TH21ST
7TH22ND
8TH23RD
9TH24TH
10TH25TH
11TH26TH
12TH27TH
13TH28TH
14TH29TH
15TH30TH
31ST
TOTALSTOTALS
000$ -000$ -
Total Pickups: 0 Total Gross Revenue: $ -
Total Drop-Offs: 0 Rate: 10%
Total Transactions: 0
Grand Total: 0 Total Due to CRP: $ -
Report (including revisions) and fees are due on or before the 20th of each month.
Must also include a detailed daily sales transaction report by owner.
SIGNATURES
The undersigned hereby certifies that this report is a true, accurate, and complete statement of Company's Gross Revenue in accordance with the
Lease Agreement for the month reported.
Prepared By
For CCIA Use Only
Signature
Name
Title
Date Signed
M/D/YYYY
Management
Signature
Name
Title
Date Signed
M/D/YYYY
Form is subject to change as needed, tenant will be notified in advance of any modifications.
EXHIBIT
INSURANCE REQUIREMENTS
I.LESSEE
A.Lesseemust not commence work under this agreement until all insurance required has been obtained and
such insurance has been approved by the City. Lesseemust not allow any subcontractorto commence
work until all similar insurance required of any subcontractorhas been obtained.
B.Lesseeand Contract Administer one (1)copyof Certificates of
Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an
The City must be listed as an additional
insured on the General Liability and Auto Liability policiesby endorsement, and a waiver of subrogation
is required on all applicable policies.Endorsementsmust be provided with COI. Project name and/or
number must be listed in Description Box of COI.
TYPE OF INSURANCEMINIMUM INSURANCE COVERAGE
Commercial General Liability Including:
$1,000,000Per Occurrence
1.Commercial Broad Form
$2,000,000 Aggregate
2.Premises Operations
3.Products/ Completed Operations
$5,000,000Per Occurrence
4.Contractual Liability
5.IndependentContractors
$10,000,000Per Occurrence
6.Personal Injury-Advertising Injury
RequiredNotRequired
AUTO LIABILITY (including)$1,000,000Combined Single Limit
1.Owned
2.Hired and Non-Owned
3.Rented/Leased
Required Not Required
CRIME/EMPLOYEE DISHONESTY$50,000 Per Occurrence
Lesseeshall name the City of Corpus Christi,
Texas as Loss Payee
(Insurance Limit Subject to Change Based on Risk
RequiredNotRequired
ManagementAnnual Review of Actual Receipts)
PERSONAL PROPERTY INSURANCELessee, at their own expense, shall be responsible for
insuring all owned, leased or rented personal property.
Required Not Required
Subcontractors
Lesseeshall require and verify that all subcontractors maintain insurance meeting all the requirements
stated herein, and Lesseeshall ensure thatCity is an additional insured on insurance required from
subcontractors.For CGL coverage subcontractors shall provide coverage with a format at least as
broad as CG 20 38 04 13.
RequiredNotRequired
C.In the event of accidents of any kindrelated to this agreement, Lesseemust furnish the Risk Manager with
copies of all reports of any accidents within 10 days of the accident.
II.ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Lessee
insurance company. The coverage must be written on a policy and endorsements approved by the Texas
ficient
Lessee will be promptly met.
B.Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any
extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by
companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of
no less than A- VII.
C.Lessee shall be required to submit a copy of the replacement certificate of insurance to City at the address
provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from
said changes. All notices under this Article shall be given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Lessee agrees that with respect to the above required insurance, all insurance policies are to contain
or be endorsed to contain the following required provisions:
List the City and its officers, officials, employees, volunteers, and elected representatives as additional
insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the
named insured performed under contract with the City, with the exception of the workers' compensation
policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi
where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies must provide a waiver of subrogation in favor of
the City; and
Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,
material change or termination in coverage and not less than 10 calendar days advance written notice for
nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Lessee
shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have
the option to suspend Lessee's performance should there be a lapse in coverage at any time during this
agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of
this agreement.
F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any
insurance or policy endorsements to the extent and within the time herein required, the City shall have the
right to order Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof.
G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be
held responsible for payments of damages to persons or property resulting from Lessee's or its
subcontractor
H. It is agreed that Lessee's insurance shall be deemed primary and non-contributory with respect to any
insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations
under this agreement.
I. It is understood and agreed that the insurance required is in addition to and separate from any other
obligation contained in this agreement.
2023 Insurance Requirements Exhibit
CCIA - Lease Agreement for TURO Inc. Peer to Peer Car Sharing
10/26/2023 Risk Management Legal Dept.
Version 1; Exhibit subject to revision by Risk Management upon finalized lease agreement, and any modifications
to the original scope of work.
Note: This Exhibit applies to the lease agreement only, and does not apply to any construction or project funding.
A separate review of insurance requirements and separate Exhibit will be required for construction operations or
funding, if applicable.
Turo, Inc. Operating Agreement
Council Presentation
March 19, 2024
1
Proposed Operating
Agreement
•Turo is a peer-to-peer carsharing company based in San
Francisco, California.
•The company launched in 2012. Usage skyrocketed
during COVID and it has grown since.
•Turo operates in the Corpus Christi community today,
and many vehicle owners offer the ability to pick up their
vehicle at Corpus Christi International Airport.
•Today, these vehicles are parked in Short Term and
exchanged with renters without any revenue of this
transaction being captured by the City.
2
Proposed Operating
Agreement
•The operating agreement gives Turo the ability to operate in the paid parking
lots of CCIA for a percentage of gross revenue.
•The term of the operating agreement is for one year, with two one-year
options for renewal.
•City Staff recommends approval of the five-year lease agreement.
•The Airport Board recommended approval of the lease agreement at their
special called meeting on January 29, 2024.
3
Proposed Operating
Agreement
4
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting March 19, 2024
Second Reading Ordinance for the City Council Meeting March 26, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4@cctexas.com
(361) 826-3232
Ordinance authorizing a five-year lease amendment with the General Services
Administration to extend the Transportation Security Administration lease
agreement at the Corpus Christi International Airport.
CAPTION:
Ordinance authorizing Lease Amendment No. 8 to the lease agreement between the City
of Corpus Christi and the U.S. General Services Administration for office, terminal, and
counter space at the Corpus Christi International Airport by the Transportation Security
Administration from March 1, 2024, through February 28, 2029, for minimum annual rent
of $622,923.87.
SUMMARY:
The Transportation Security Administration (TSA) leases land inside the terminal building
to support their staff. Space includes a training room, break room, restrooms and locker
rooms,
spaces for other uses.
BACKGROUND AND FINDINGS:
Since beginning operations at the Corpus Christi International Airport, the TSA has leased
large amounts of terminal space to support their staff. The most recent lease was drafted
and executed on behalf of the TSA by the General Services Administration (GSA) and
expires in March 2024. Airport staff communicated with the GSA in early 2024 and both
parties have agreed to extend the lease agreement without modifying the spaces that are
being leased.
The new lease agreement consists of 6,663 square feet that is located on the first and
second floor of the terminal building. Space also includes space on the terminal roof for
antennas and transmitters and surface parking spaces. Total annual rent amounts to
$622,923.87.
ALTERNATIVES:
Alternatives include allowing the current lease to enter a holdover status or continue to
allow TSA to occupy these spaces without a lease agreement.
FISCAL IMPACT:
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000
Department: 53
Project # (CIP Only): n/a
Account: 320460
RECOMMENDATION:
City staff recommend approval of this action item.
The Airport Board recommended approval of this action item at their regularly scheduled
Airport Board meeting.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Amendment
Ordinance authorizing Lease Amendment No. 8 to the lease agreement
between the City of Corpus Christi and the U.S. General Services
Administration for office, terminal, and counter space at the Corpus
Christi International Airport by the Transportation Security
Administration from March 1, 2024, through February 28, 2029, for
minimum annual rent of $622,923.87.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
The City Manager or designee is authorized to execute Lease Amendment No. 8 to Lease
No. GS-07P-LTX15384 between the City of Corpus Christi and the U.S. General Services
Administration for the use of office, terminal, and counter space at the Corpus Christi
International Airport by the Transportation Security Administration from March 1, 2024,
through February 28, 2029, for minimum annual rent of $622,923.87.
Introduced and voted on the _____ day of ________________, 2024.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
TSA Lease Agreement Extension
Council Presentation
March 19, 2024
1
Proposed Lease Agreement
•The Transportation Security Administration (TSA) leases space inside the
terminal building. Space includes a training room, break room, restrooms and
locker rooms, staff offices, a supervisor’s office at the checkpoint, supplies and
storage, and spaces for other uses.
•This lease amendment is to extend the current lease for additional five-year
term.
•City Staff recommends approval of the five-year lease extension.
2
Proposed Lease Agreement
3
Proposed Lease Agreement
4
AGENDA MEMORANDUM
First Reading Ordinance for the City Council Meeting March 19, 2024
Second Reading Ordinance for the City Council Meeting March 26, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Kevin Smith, Director of Aviation
KevinS4@cctexas.com
(361) 826-1292
Ordinance authorizing a five-year farm lease agreement
with Danysh Farm, Inc. on Airport Property
CAPTION:
Ordinance authorizing a five-year farm lease agreement with Danysh Farms, Inc.
to lease approximately 68.93 acres of farmland at Corpus Christi International
Airport, with one three-year renewal option, in consideration for $7,295.56 annually
with 3% annual increases.
SUMMARY:
The proposed farm lease agreement between the City of Corpus Christi and Danysh
Farms, Inc. to include 68.93 acres recently purchased by the Corpus Christi International
Airport. This agreement is for farming rights for an initial term of five years with one (1)
three-year renewal option. The annual rent is $7,295.56. During the initial term of the
lease and renewal periods, the annual rent will increase by 3% each year beginning
October 1, 2024.
BACKGROUND AND FINDINGS:
The Corpus Christi International Airport recently purchased 68.93 acres adjacent to
airport property as part of the Airport Master Plan. Danysh Farms, Inc. is currently farming
on the property and will continue to farm under this new farm lease agreement. The
property is located adjacent to the current airport property on the Southwest side of
Runway 13-31, at Kosar Road (CR 34), Corpus Christi, TX 78406. The property is located
outside of the Airport Operations Area fence line. The purpose of this lease is to enable
Lessee to utilize the Premises for the farming of crops and for no other purpose. The use
of the premises shall be limited as specified in the lease.
The lease includes terms to allow the City to terminate the lease should a higher use be
identified and developed. While there are no immediate plans to use this land for
aeronautical or other non-aeronautical purposes, future uses may be developed before
the expiration of the lease and it is important to preserve alternative uses should the need
arise.
ALTERNATIVES:
The alternative is to not lease the farmland to the current farmer and forfeit any revenue
opportunity until the land is needed for airport use. Staff does not have any immediate
use of the land for aeronautical purposes.
FISCAL IMPACT:
The proposed new lease agreement will provide CCIA with additional rent revenue of
$7,295.56 per year.
FUNDING DETAIL:
Fund: 4610
Organization/Activity: 35000 Airport Administration
Department: 53
Project # (CIP Only): N/A
Account: 320200
RECOMMENDATION:
Staff recommend approval of this action item to authorize the farm lease agreement to
Danysh Farms, Inc. The Airport Board recommended approval at their regularly
scheduled Board meeting.
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Lease Agreement and Exhibits
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
FARM LEASE AGREEMENT WITH
DANYSH FARMS, INC.
STATE OF TEXAS §
KNOW ALL BY THESE PRESENTS:
COUNTY OF NUECES §
This farm lease agreement (“Lease”) is entered into this by and between the City of Corpus Christi,
a Texas home-rule municipal corporation (“City”), and Danysh Farms, Inc. (“Lessee”), a Texas
for-profit corporation, in consideration of the mutual covenants contained in this Lease.
PREMISES. The City leases to Lessee 68.93 acres (the “Premises”), more particularly
described as portions of property outside the airport perimeter fence, near adjacent to the
central and western edges of the fence and runway 13-31, excluding a 10-foot area along
the perimeter fence and Airport Perimeter Road, as shown as Parcel No. 4 in the map
referenced as "Exhibit A", which is attached to this Lease and incorporated herein by
reference. The Premises is limited to the description provided in and the restrictions shown
in “Exhibit B,” which is attached to this Lease and incorporated herein by reference.
PURPOSE. The purpose of this Lease, between City and Lessee, is to enable Lessee to
utilize the Premises for the farming of crops and for no other purpose. The use of the
Premises shall be limited as laid out in this Lease and as shown in Exhibit A. The Lessee
shall use the Premises in accordance with “Exhibit A,” attached to this Lease and
incorporated herein by reference.
LEASE TERM. The term of this Lease is for five years and commences upon final
approval of this Lease by the Corpus Christi City Council and execution of this instrument
by the City Manager or his designee ("Effective Date" and “Initial Term”). The Lease may
be renewed for one additional three-year term upon agreement of the Parties. he Lease
Payment, as defined below, will be adjusted upward by 3% annuallyon October 1st of
each year beginning on October 1, 2024.
LEASE PAYMENT.
Upon Lessee’s execution of this Lease and the City Council’s approval, Lessee
must pay the City an annual lease payment of $7,295.56 which is based on
$105.84 per acre x 68.93 acres (“Lease Payment”). Any one-time bonus payment
that was included in a bid by Lessee and accepted as consideration for this Lease
must also be remitted with the initial Lease Payment. The Lease Payment is due
st
at the beginning of the Lease and thereafter on or before October 1 of each year.
The Lease Payment must be remitted to:
City of Corpus Christi
P.O. Box 9257
Corpus Christi, TX 78469-9257
Payment of $7,295.56 received from Lessee shall be applied to the first annual
lease payment. All succeeding annual lease payments shall be made in
accordance with this section herein.
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d.LeasePaymentsarenotrefundableifthisLeaseisterminatedpriortocompletion
of its full five-year term.
5. In the event Lessee holds over beyond the expiration of the term herein provided with the
consent, express or implied, of the City, any such holdover is a tenancy at sufferance and
such holdover period will only be from month-to-month and subject to the conditions of
this Lease. Lessee acknowledges and agrees in advance that any such holdover does not
constitute a renewal of this Lease, and any holdover period is subject to Lessee’s payment
of a monthly rental amount equal to 1/12 of the last annual Lease Payment.
6. ACCEPTANCE OF PREMISES DISCLAIMER.
a. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH
ALL FAULTS AS MAY EXIST ON THE PREMISES AND THAT NEITHER
LESSOR, NOR ANY EMPLOYEE OR AGENT OF LESSOR, HAS MADE ANY
REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH
PREMISES. LESSEE HEREBY WAIVES ANY AND ALL CAUSES OF ACTION,
CLAIMS, DEMANDS, AND DAMAGES BASED ON ANY WARRANTY, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF
SUITABILITY FOR A PARTICULAR PURPOSE, ANY AND ALL WARRANTIES OF
HABITABILITY, AND ANY OTHER IMPLIED WARRANTIES NOT EXPRESSLY
SET FORTH IN THIS LEASE.
b. LESSEE ACKNOWLEDGES AND AGREES THAT, UPON LESSEE’S REQUEST
PRIOR TO THE EXECUTION OF THIS LEASE, LESSEE HAS BEEN PROVIDED,
TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES
FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE
PURPOSE TO WHICH LESSEE INTENDS TO USE THE PREMISES AND IS
RELYING ON ITS OWN INSPECTION.
c. LESSEE ACKNOWLEDGES THAT ANY AND ALL STRUCTURES AND
IMPROVEMENTS, IF ANY, EXISTING ON THE PREMISES ON THE
COMMENCEMENT DATE OF THIS LEASE ARE ACCEPTED "AS IS" WITH ANY
AND ALL LATENT AND PATENT DEFECTS AND THAT THERE ARE NO
WARRANTIES, EXPRESS OR IMPLIED, BY LESSOR WITH RESPECT TO SUCH
STRUCTURES AND IMPROVEMENTS. LESSEE ACKNOWLEDGES THAT IT IS
NOT RELYING UPON ANY REPRESENTATION, STATEMENT, OR OTHER
ASSERTION BY LESSOR WITH RESPECT TO ANY EXISTING STRUCTURES
OR IMPROVEMENTS BUT IS RELYING ON LESSEE’S EXAMINATION OF THE
SAME.
d. THE CITY, HAVING FEE SIMPLE RIGHTS TO THIS LAND, DOES NOT
WARRANT ITS TITLE TO THE PREMISES AND DOES NOT GUARANTEE
LESSEE’S QUIET POSSESSION OF SAME. LESSEE ACKNOWLEDGES AND IS
AWARE THAT THE PREMISES IS CONTAINED WITHIN A LARGER AREA OF
LAND OWNED BY THE CITY AND CURRENTLY USED FOR ACTIVE AIRPORT
OPERATIONS AND RELATED PURPOSES. THIS LEASE AND THE RIGHTS
AND PRIVILEGES GRANTED LESSEE IN AND TO THE PREMISES ARE
SUBJECT TO ALL COVENANTS, CONDITIONS, RESTRICTIONS, AND
EXCEPTIONS OF RECORD OR APPARENT. LESSEE ACKNOWLEDGES THAT
LESSOR DOES NOT OWN ALL MINERAL AND GAS RIGHTS TO THE
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PREMISES, AND LESSEE IS SUBJECT TO ANY EXPLORATORY AND
PRODUCTION RIGHTS OF THE MINERAL OWNERS AND WHICH COULD
PRODUCE DAMAGES TO LESSEE’S LEASEHOLD. NOTHING CONTAINED IN
THIS LEASE MAY BE CONSTRUED TO IMPLY THE CONVEYANCE TO LESSEE
OF RIGHTS IN THE PREMISES THAT EXCEED THOSE OWNED BY THE CITY.
e. THE PROVISIONS OF THIS SECTION 5 SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS LEASE.
7. USE AND MAINTENANCE.
a. Lessee shall use the Premises for agricultural purposes only and cannot make any
other use of the Premises without the prior written consent of the City. Lessee
shall take good care of the Premises and its appurtenances and suffer no waste.
Lessee shall keep the Premises in good repair at Lessee's own expense. Lessee
shall observe and obey all applicable federal, state, and local laws, rules, and
regulations and all rules set out by the City for the operation of the Premises. At
the expiration of this Lease, Lessee shall surrender the Premises in as good
condition as the same are now in, natural wear and tear and damage from the
elements only accepted. Lessee will not permit any alcoholic beverages on the
Premises. Lessee agrees to conduct all of Lessee’s operations on the leased
premises in a reasonable, efficient and prudent manner.
b. In compliance with the Federal Aviation Administration (“FAA”) restriction on the
types of crops grown on the Airport and pursuant to Section 18 herein, except as
provided in Exhibit A, Lessee shall not plant sunflower, seeded crops or cereal
grain crops on the Premises. Lessee may not construct any improvements on the
Premises. Lessee may not use the Premises for storage of equipment or supplies.
c. Without limiting the foregoing, Lessee specifically agrees:
i. Chemical Notification. The use of all agricultural chemicals, fertilizers,
and pesticides will be in a lawful, safe, and a prudent manner. The City’s
Director of Aviation or designee (“Aviation Director”) will determine and
approve the time and place any aerial or ground chemicals, fertilizers, and
pesticides will be used due to the proximity of the airport and its employees
and the public. Under normal circumstances, the notice of intent to use
agricultural chemicals, fertilizers and pesticides must be provided in writing
no less than five business days prior to use and addressed to:
City of Corpus Christi
Attn: Director of Aviation
1000 International Drive
Corpus Christi, TX 78406
In the event of crop destruction due to midge insects and under an
emergency situation only, Lessee will be allowed to, instead, give a 24-
hour notice of crop spraying to the Aviation Director by calling (361) 289-
0171.
ii. Lessee is prohibited from obstructing, redirecting, damming, or otherwise
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interfering with stormwater intakes, manholes, pipes, ditches, stormwater
retention or detention basins, or pump stations.
d. Growth Control. Lessee will prevent the growth of and keep the Premises (including
cultivated fields, turn rows, ditches, fence rows, and lands adjacent to the Premises) free
from Johnson grass, Bermuda grass, cockleburs, burdock plants, and other noxious
weeds and undesirable vegetation, and keep the cultivated portion of the Premises free
from all sprouts and stumps.
8. REQUIRED MODIFICATION OR AMENDMENT OF LEASE. If the FAA or its successor
requires modifications or amendments to this Lease as a condition precedent to granting
funds for Airport improvements, Lessee agrees to consent to the modifications or
amendments to this Lease as may be reasonably required for the City to obtain the funds;
provided, however, that Lessee will not be required to pay increased Lease Payments,
change the use of the Premises, or accept a relocation or reduction in size of the Premises
until Lessee and the City have fully executed an amendment to this Lease that is mutually
satisfactory to all parties regarding any terms or conditions of this Lease affected by
said required actions.
9. FEES, TAXES, & UTILITIES. Lessee shall pay, if applicable to Lessee’s leasehold interest
and Lessee’s use and business operations at the Premises, all ad valorem taxes, personal
property taxes, licenses, utility fees and charges, and all other fees and taxes required to
be paid during this Lease. Lessee shall pay, at its sole cost and expense, all taxes, fees,
utilities, and charges on or prior to the due date. Within three business days of approval
of this Lease and remittance of the initial Lease Payment, Lessee shall ensure that the
water utility account and any electrical account, if electricity is available and connected at
the Premises, and all other utility account(s) for the Premises are transferred and/or set
up in the Lessee’s name and all required deposits paid. Payment by Lessee of all utility
charges must be timely paid when such charges become due and are not permitted to
become delinquent at any time during the term of the Lease.
10. SUBORDINATION TO U.S. AND FAA REQUIREMENTS. This Lease is subordinate to
the provisions of any existing or future agreement between the City and the government
of the United States relating to the operation or maintenance of the Airport, where the
execution of said agreement(s) is required as a condition to the expenditure of federal
funds for the development of the Airport. If the effect of said agreement(s) with the United
States, either under this Section 9 or under Section 7 above, is to remove any or all of the
Premises from the control of Airport or to substantially destroy the value of the Premises,
then this Lease shall terminate immediately without any further obligation on part of City
to Lessee.
11. RECORDKEEPING. Lessee will keep an accurate book of accounts regarding all
business matters pertaining to the cultivation of the Premises, and these account books
must be open to inspection by the Aviation Director upon reasonable demand during the
City's normal business hours.
12. INSURANCE.
a. Coverages. Lessee must obtain and keep in force during the term of this Lease
insurance policy or policies in the amounts and with the types of insurance
coverages set out in the attached "Exhibit C," which exhibit is incorporated by
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reference as if fully set out here in its entirety.
b. Failure of Lessee. Failure of Lessee to procure and maintain in force the required
insurance coverages constitutes a material breach of the Lease upon which the
City may immediately terminate this Lease if Lessee does not furnish proof of the
required insurance coverages to the City within 10 days of written notice to Lessee.
c. Insurance Coverage Adjustments. The types and amounts of insurance coverage
specified in the Lease is subject to adjustment by the City’s Risk Manager on the
Anniversary Date of the Lease. Notice of any such required adjustment(s) will be
provided to Lessee not less than 30 days prior to the Anniversary Date.
13. FINANCING. The City recognizes that Lessee may borrow funds for agricultural purposes,
or for other purposes, secured by a first lien security interest in Lessee’s leasehold estate
in the Premises. The fee simple estate of City in the surface estate, burdened by Lessee’s
leasehold estate, must not be subject to any liens, and any security lien instrument to
which Lessee is a party must contain the following language, or other similar language
approved in advance by the City Attorney:
“Lender agrees that the lien created by this instrument is effective only as
to the leasehold estate of Lessee created under that certain Lease by and
between the City of Corpus Christi and Lessee, and that this instrument
does not affect the fee simple interest in the Premises owned by the City
of Corpus Christi. In the event of any foreclosure by any lender of a lien or
liens on the Lessee’s leasehold estate in the Premises or Lessee’s
improvements, if any, such lender or other purchaser at foreclosure, its
successors and assigns, will succeed to all rights, privileges, and duties of
Lessee including, without limitation, the duty to pay rent.”
14. DAMAGE TO CITY OR FRANCHISEE IMPROVEMENTS. Lessee must pay for all
damages to any City or franchisee utility lines and equipment located on the Premises
caused by Lessee’s farming and agricultural operations and must replace all lines or
equipment injured or destroyed because of Lessee's farming and agricultural operations.
If damage occurs to any gas, storm, wastewater, or water line (“City Improvements”), or to
any City equipment located on the Premises, the City’s representative will determine the
extent of damage and amount of repairs and/or replacement needed to the City
Improvements, and, as determined by the City’s representative, a City gas, storm,
wastewater, or water division crew will be brought in and immediately allowed to make all
necessary repairs and/or replacements. An additional fee will be due for the cost of a City
inspector for any portion of a day spent inspecting construction, maintenance, repair,
replacement, or relocation of said utility lines and equipment pursuant to this paragraph.
A franchisee whose franchisee improvements are damaged will follow the same process
as set out for damage to City Improvements. All costs incurred by City (including labor
and materials) associated with the repairs and/or replacement of the lines and equipment
must be paid by Lessee.
15. ASSIGNMENT AND SUBLEASING. Lessee shall not at any time, without the express
prior written consent of the City Manager, assign, sublease, or transfer, or permit or
participate in any assignment, sublease, or transfer, of this Lease or any of the rights,
powers, or privileges granted under this Lease. Consent to an assignment or sublease
shall not be unreasonably withheld by City. In the event of an approved assignment or
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sublease, Lessee shall notify any assignee or sublessee that they shall be liable under all
terms, conditions, and obligations of this Lease. Lessee further acknowledges and agrees
that, notwithstanding any approved assignment or sublease, Lessee shall also remain
liable under all terms, conditions, and obligations of the Lease unless released in writing
by the City Manager.
16. HUNTING. This Lease does not grant Lessee any rights to hunt on the Premises, and
Lessee may not hunt nor allow any other party to hunt on the Premises without the express
written consent of the City Manager.
17. SECURITY.
a. Lessee, its officers, employees, agents, contractors, and invitees must comply with
all applicable federal and local security regulations, as the same may be amended.
Lessee covenants to indemnify and hold harmless City, its
officers, and employees from any charges, fines, or penalties that
may be assessed or levied by the FAA or Transportation Security
Administration by reason of the negligent or intentional failure of
Lessee, its officers, employees, agents, contractors, or invitees
to comply with security regulations, regardless of whether the
fine, charge, or penalty is levied against the City or the Lessee.
b. Each of Lessee’s employees needing access to a restricted area (must wear a
security badge while in any restricted area. Lessee will pay an issuance fee for
each badge and a replacement fee for each lost security badge. The Aviation
Director may also require the payment of a reasonable deposit fee for each
security badge issued consistent with fees charged to other tenants at the Airport.
Lessee must notify the Aviation Director immediately after any employee of
Lessee who was issued a security badge is terminated or loses a badge.Lessee
and Lessee’s employees must comply with all City and federal security
regulations and requirements.
18. FEDERAL CODE REQUIREMENTS FOR EQUIPMENT USE. Lessee covenants to
comply with the notification and review requirements set out in the FAR, Part 77, as
amended \[14 CFR Part 77, as amended\], if Lessee plans to use equipment in its operation
that requires notification as outlined in this regulation.
19. CONTROL OF STRUCTURES AND EQUIPMENT. Lessee shall not erect nor permit the
erection of any structure, antenna, or building, nor permit the growth of any tree on the
Premises, which has its highest point above a mean sea level elevation established by
FAA and the City as a height limitation on said structure, antenna, building, or object.
The City may enter the Premises and remove the encroaching structure, antenna,
building, or object without notice and at Lessee's expense plus an additional
administrative charge of 15%.
20. AERIAL APPROACHES. The Aviation Director may take any action necessary to protect
the Airport's aerial approaches against obstruction, including the right to prevent Lessee
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from erecting or permitting to be erected any building or structure on or adjacent to the
Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport
or constitute a hazard to aircraft.
21. RIGHT OF OVERFLIGHT. The City hereby reserves, for the use and benefit of the public,
a right of flight for the passage of aircraft above the surface of the Premises together with
the right to cause in the airspace noise as may be inherent in the operation of aircraft now
known or hereafter used for navigation thereof or flight in the air, and using the airspace
for landing at or taking off from, or operating on, the Airport.
22. HAZARDOUS SUBSTANCES.
a. For the purposes of this Lease, "hazardous substance or material" means and
refers to one or more of the following:
i. Asbestos;
ii. Any substance, material or waste defined as a "hazardous waste" pursuant
to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C.
Section 6901, et. seq.);
iii. Any substance, material or waste defined as a "hazardous substance"
pursuant to Section 101 of the Comprehensive Environmental Response,
Compensation and Liability Act (42 U.S.C. Section 9601, et. seq.);
iv. Any substance, material or waste defined as a "regulated substance"
pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C.
Section 6991, et. seq.); or
v. Any substance, material or waste which is reasonably considered by the
City to pose an actual or potential threat to persons or property in, around,
or on the Premises.
b. Lessee shall comply with all environmental laws, rules, regulations, orders and
permits applicable to the use of the Premises and improvements including, but not
limited to, required National Pollutant Discharge Elimination System Permits and
all applicable laws relating to the use, storage, generation, treatment,
transportation, or disposal of hazardous or regulated substances. Except for the
hazardous substances governed by and transported in full compliance with the
transportation laws of the state or federal government, Lessee must not knowingly
use, store, generate, treat, transport, or dispose of any hazardous or regulated
substances, materials, or waste on or near the Premises without the Aviation
Director's prior written approval and without first obtaining all required permits and
approvals from all authorities having jurisdiction over the operations conducted on
the Premises.
c. If Lessee determines that a threat to the environment including, but not limited to,
a release, discharge, spill, or deposit of a hazardous substance or regulated
substance has occurred or is occurring which affects or threatens to affect the
Premises or the persons, structures, equipment, or other property upon the
Premises or the Airport, Lessee must immediately notify the Aviation Director as
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required by law or regulation by verbalreport in person or by telephone, to be
promptly confirmed in writing. Lessee must cooperate fully with the Aviation
Director in promptly responding to, reporting, and remedying a threat to the
environment including, without limitation, a release or threat of release of a
hazardous or regulated substance into the drainage system, soil, ground, or
surface water, waters, or atmosphere in accordance with applicable law or as
authorized or approved by any federal, state, or local agency having authority over
environmental matters.
d. Lessee shall keep a readily accessible file of Materials Safety Data Sheets
(“MSDS”) for each hazardous material or substance on the Premises or
transported, in accordance with federal and state transportation laws, which file
must be posted and immediately available to any Airport employee who responds
to a report of a discharge of a hazardous substance or material on the Premises.
Lessee will require any operator of the facilities on the Premises to make best
efforts to determine which hazardous substance or material was accidentally
discharged and ensure that the MSDS sheet is available for the first responders to
the Premises.
e. Lessee will cause prompt remediation and the payment of all costs associated with
any action or inaction of Lessee that directly or indirectly prevents the City, acting
through the Airport, from materially conforming to all then applicable environmental
laws, rules, regulations, orders, or permits relating to the Premises. The rights and
obligations set forth in this section shall survive the expiration or earlier termination
of this Lease.
f. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee,
copies of any and all notices or correspondence directed to Lessee or any other
party at the Premises from any governmental entity, other entity, or person
indicating a violation or possible violation of any laws, rules, or regulations
including, without limitation, any law, rule, or regulation regarding hazardous
materials or substances (as such term is defined in this Lease).
23. NO DEBTS. Lessee shall not incur any debts or obligations on the credit of the City
during the term of this Lease.
24. COMPLIANCE WITH STATE AND FEDERAL LAWS. The following provisions are in this
contract for compliance with state and federal law, and the City does not opine on their
validity or enforceability. Lessee shall bear the entire sole burden for complying with any
of these clauses. Prior to the enforcement of any of the following clauses, the City will give
at least 30 days notice of alleged violation thereof and an opportunity for the Lessee to be
heard concerning the alleged violation, effect thereof on the City, and proposed remedial
measures:
Lessee warrants that it is and will continue to be an equal opportunity employer and
hereby covenants that no employee or customer will be discriminated against because
of race, religion, sex, age, disability, creed, color, or national origin.
Lessee shall provide all services and activities required to comply with the Civil Rights
Act of 1964, as amended, the Rehabilitation Act of 1973, Public Law 93-1122, Section
504, and with the provisions of the Americans with Disabilities Act of 1990, Public Law
101-336 \[S.933\].
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Lessee agrees to comply with Tex. Gov’t Code § 2252.908 and submit Form 1295 to
the City with the signed agreement. The Parties agree that the City is not responsible
for the information contained in Form 1295.
In accordance with Tex. Gov’t Code §2252.909, Lessee must include in each contract
for the construction, alteration or repair of an improvement to this leased property a
condition that the contractor execute a payment bond that conforms to Subchapter I,
Chapter 53, Property Code and a performance bond equal to the amount of the
contract and conditioned on the faithful performance of the contractor’s work in
accordance with the plans, specifications and contract documents. Lessee must
provide the City with a notice of commencement at least 90 days prior to start of
construction, alteration or repair that complies with Texas Gov’t Code § 2252.909.
25. NOTICES.
a. All notices, demands, requests or replies provided for or permitted by this Lease
must be in writing and delivered by any one of the following methods: (1) by
personal delivery; (2) by deposit with the U.S. Postal Service as certified mail,
return receipt requested, postage prepaid; or (3) by deposit with an overnight
express delivery service, and sent to the following address:
If to City:
City of Corpus Christi
Attn: Aviation Director
1000 International Drive
Corpus Christi, TX 78406
Phone: (361) 826-1292
If to Lessee:
Danysh Farms, Inc.
Attn: Matt Danysh
2578 County Rd. 36
Robstown, TX 78380
Phone: (361) 946-5200
b. Notice deposited with the U.S. Postal Service in the manner described above will
be deemed effective two business days after deposit, postage prepaid. Notice by
overnight express delivery service will be deemed effective one business day after
delivery to the overnight express carrier, with proof of receipt.
c. Either party may notify the other, in the manner described above, of a change of
address. Any such change of address must be sent within 10 days of the effective
date of the change.
26. INDEMNITY. LESSEE WILL FULLY INDEMNIFY, HOLD HARMLESS,
AND DEFEND THE CITY, ITS OFFICERS, EMPLOYEES, AND
AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL
LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS
OF ANY NATURE WHATSOEVER ON ACCOUNT OF PERSONAL
INJURIES (INCLUDING, WITHOUT LIMITATION ON THE
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FOREGOING, WORKERS' COMPENSATION AND DEATH CLAIMS),
OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER
WHICH MAY ARISE OUT OF OR IN ANY MANNER BE CONNECTED
WITH, OR IS CLAIMED TO ARISE OUT OF OR BE IN ANY WAY
CONNECTED WITH, THE PERFORMANCE OF THIS LEASE BY
LESSEE. LESSEE SHALL, AT LESSEE'S OWN COST AND
EXPENSE, INVESTIGATE ALL SUCH CLAIMS AND DEMANDS,
ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION,
DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL
SATISFACTORY TO THE CITY ATTORNEY, PAY ALL CHARGES OF
ATTORNEYS, AND PAY ALL OTHER COSTS AND EXPENSES OF
ANY KIND, INCLUDING EXPERT WITNESS FEES, ARISING FROM
ANY SUCH LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND
ACTIONS.
27. DEFAULT AND TERMINATION.
a. If Lessee defaults in performance of any of the promises or covenants contained
herein, City may terminate this Lease following written notice to Lessee of the
default and a reasonable opportunity to cure. Upon the occurrence of any uncured
event of default, the City may, at its option, in addition to any other remedy or right
given hereunder or by law, give notice to Lessee that this Lease terminates upon
the date specified in the notice. Once terminated, the City has the right, without
further notice to Lessee, to re-enter the Premises and remove all persons
therefrom without being deemed guilty in any manner of trespass and also without
prejudice to any remedies against Lessee for arrears of rent or breach of covenant.
b. In the event that any rent is due and unpaid under the Lease, the City may resume
possession of the Premises and relet the same for the remainder of this Lease
term at the best rent the City may obtain, for the account of the Lessee, who must
pay any resulting deficiency; and the City will have a lien as security upon all crops,
goods, wares, chattels, implements, fixtures, furniture, tools, and other personal
property which are located or were placed on the Premises, which lien is
cumulative of and in addition to any statutory landlord’s lien created by law.
c. In the event Lessee has paid the full cash rent at the start of the Lease or any
applicable annual Anniversary Date, Lessee shall have the right to harvest any
existing crops that have been planted prior to the termination of the Lease.
d. The failure of City or Lessee to insist on strict performance of any of the terms,
covenants, or conditions of this Lease is not a waiver of any right or remedy that
City or Lessee may have and is not a waiver of the right to require strict
performance of all the terms, covenants and conditions of the Lease thereafter nor
is deemed to be a waiver of any remedy for the subsequent breach or default of
any term, covenant or condition of the Lease.
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28.REMOVAL OF PERSONAL PROPERTY.It is Lessee’s responsibility to remove its
personal property of every kind and type from the Premises prior to termination or
expiration of the Lease. Lessee agrees that any personal property remaining on the
Premises after the termination or expiration of the Lease automatically becomes the City’s
property without any further notice, action, or process of law for disposition by the City as
the City deems appropriate in the City Manager’s sole discretion, without compensation
to Lessee. Lessee shall also be invoiced for the City’s costs to remove Lessee’s personal
property from the Premises after termination or expiration of the Lease, and Lessee shall
pay the invoice within 30 days of receipt.
29. CONDITION OF PROPERTY UPON EXPIRATION OR TERMINATION. Lessee
covenants and agrees that, upon expiration or any earlier termination of this Lease,
however caused, Lessee shall quit and surrender the Premises and perform all repairs
reasonably necessary to restore the Premises to the same condition it was in at the time
this Lease was entered into, reasonable wear and tear, acts of God, fire and flood damage
or destruction where Lessee is without fault, excepted.
30. RIGHTS OF THE CITY.
a. The City reserves the right to sell, use, or lease for a governmental or public use
different from the present use all or any part of the Premises at any time during the
term of this Lease. Should the Premises be sold, used, or leased before expiration
of this Lease and the purchaser or lessee is not willing to take the property subject
to this Lease and demands immediate possession, then the Lessee agrees to
vacate within 30 days following receipt of the notice to vacate. Should it become
necessary for Lessee to vacate in case of a sale or lease, then, the City will pay
Lessee, for the Premises or portion thereof vacated, the following amounts, to-wit:
a proportionate share of the then-applicable annual Lease Payment paid, which
share is determined by dividing (i) the number of days of the term remaining after
vacation by Lessee by (ii) the total number of days in the term, and multiplying the
resulting percentage by the annual Lease Payment amount paid by Lessee.
b. The City reserves and excepts from this Lease those easements reasonably
necessary for the purpose of assigning, exploring, prospecting, mining, drilling,
developing, producing, saving, transporting, storing, treating, removing, and
owning the reserved minerals and oil and gas in the Premises to the extent such
easements are implied under Texas common law to allow access to severed
estates.
c. 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.
d. It is understood and agreed by Lessee that the City retains sole authority to
negotiate settlement of any and all claims for damage by reason of activities in
connection with the operation, development, and exploration for oil, gas, and other
Page 11 of 19
minerals on the Premises.Lessee shall promptly notify the City of any and all
damages to the Premises and/or crops growing thereon that may be occasioned
by operation, development, or exploration for oil, gas, or other minerals, or that
may be occasioned by any other activity during the Lease term, which Lessee
observes, learns of, or has reason to be made aware of any such damage.
e. The City, by and through its officials, officers, employees, and agents, has the right
at all times during the Lease term to ingress and egress to the Premises for the
purpose of conducting any business incident to the activities of the City and for
purposes of inspection, repair, fire or police action, and enforcement of the terms
of this Lease, and includes the regular and necessary operation of vehicles and
equipment on the shared roadways bisecting and crossing the Premises.
31. CONDEMNATION. If the whole or a substantial part of the Premises are taken or
condemned by the City, or any entity with legal authority to exercise eminent domain
rights, for any public use or purpose, then and in that event, the term of this Lease shall
cease and terminate from the date when possession of the part or whole so taken or
condemned is required for such use or purpose. If less than a substantial part of the
Premises are taken or condemned by the City and, as a result thereof, Lessee believes
the ability to continue the purpose of this Lease has been eliminated, the question of a
possible partial Lease Payment refund, if any, may be submitted in writing by Lessee to
the City for consideration.
32. DISCLOSURE OF INTERESTS AND STATE OF TEXAS FORMS. Lessee agrees to
comply with City of Corpus Christi Ordinance No. 17112 and complete the Disclosure of
Interests form as part of this Lease contract. Lessee agrees to comply with Texas
Government Code Section 2252.908 and complete Form 1295 Certificate of Interested
Parties as part of this Lease contract. For more information, please review the information
on the Texas Ethics Commission’s website at https://www.ethics.state.tx.us. Lessee also
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, as Lessee, 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.
33. MODIFICATIONS. No changes or modifications to this Lease may be made, nor any
provision waived, unless in writing and signed by a person authorized to sign lease
agreements on behalf of each respective party.
34. COMPLIANCE WITH LAWS.
a. General. Lessee covenants to promptly observe, comply with and execute, and
shall cause any sublessee to promptly observe, comply with and execute, the
provisions of any and all present and future governmental laws, ordinances, rules,
regulations, requirements, orders and directions applicable to the use and
occupancy of the Premises. A material breach of this covenant, which is not
remedied within any permitted cure period, may be cause for City’s exercising its
rights under the Lease. During any period of Lessee’s good faith challenge to any
such laws, ordinances, rules, regulations, requirements, orders and directions in a
Page 12 of 19
court of competent jurisdiction, Lessee’s inaction shall not be deemed a breach of
this Lease.
b. Federal. Lessee shall comply and shall require any sublessee to comply with all
applicable federal laws, rules, and regulations including, without limitation, the
Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with
Disabilities Act, and any other acts the U.S. Congress passes that apply to the
uses and operations at the Premises.
c. State. Lessee shall comply with all applicable laws, rules, and regulations of the
State of Texas.
d. Local. Lessee shall comply with all applicable City ordinances, and rules and
regulations promulgated by the Aviation Director.
35. RELATIONSHIP OF THE PARTIES. This Lease establishes a landlord/tenant
relationship, and none other, and this Lease must be construed conclusively in favor of
that relationship. In performing this Lease, both City and Lessee will act in an individual
capacity and not as agents, representatives, employees, employers, partners, joint
venturers, or associates of one another. The employees or agents of either party shall not
be, nor be construed to be, the employees or agents of the other party for any purpose
whatsoever.
36. GENERAL PROVISIONS.
a. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights
in and under the soil beneath the Premises in which it holds an interest and
reserves the right to conduct or provide for testing and removal of any such City-
owned water, gas, oil, or minerals from the Premises.
b. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to
declare a forfeiture of this Lease for any breach or default whatsoever hereunder
does not waive City's or Lessee’s right thereafter to declare a forfeiture for like or
other or succeeding breach or default.
c. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this
Lease if either is prevented from performing any of its obligations under this Lease
by reason of force majeure. “Force Majeure” for the purposes of this Lease means
any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of
God to include severe inclement weather and sustained periods of rain or snow,
civil commotion, fire or other casualty, and other causes beyond the reasonable
control of the party obligated to perform and claiming the force majeure. All of the
foregoing events excuse the performance by either party for a period equal to any
prevention, delay, or stoppage, including the obligations imposed with regard to
commencement or payment of rental and other charges to be paid by Lessee
pursuant to this Lease and the obligation of City to deliver the Premises.
d. Rules and Regulations. Lessor has adopted minimum operational standards
Page 13 of 19
(“Minimum Standards”)andrulesandregulations(“RulesandRegulations”),which
shall govern Lessee in the use of the Premises and all common facilities, a copy
of each of which has been furnished to the Lessee and are incorporated herein by
reference. Lessee agrees to comply fully at all times with these governing
documents. Lessor, in its sole discretion, shall have the right to amend, modify,
and alter these Minimum Standards and Rules and Regulations from time to time
in a reasonable manner and may introduce other regulations as deemed
necessary for the purpose of assuring the safety, welfare, convenience, and
protection of property of Lessor, Lessee, and all other tenants and customers of
the Airport; provided, however, that Lessor shall give Lessee reasonable advance
notice of any such amendments, modifications, or alternations of the Minimum
Standards and Rules and Regulations.
e. Venue. Venue for any action brought under this Lease lies in Nueces County,
Texas, where the Lease was executed and will be performed.
f. No Third-Party Benefit. No provision of this Lease creates a third party claim
against the City or the Lessee beyond that which may legally exist in the absence
of any such provision.
g. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay
all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare
taxes, FICA taxes, unemployment taxes, and all other related taxes according to
Internal Revenue Circular E “Employer’s Tax Guide,” Publication 15, as it may be
amended, and give all notices and respond to all communications that are
necessary and incident to the due and lawful conduct of business at and
occupancy of the Premises by Lessee. Lessee must provide proof of payment of
any tax within 10 days after the City Manager’s written request for the same.
h. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of
all trash and other refuse resulting from operations on the Premises; must provide
and use suitable, sealed fireproof receptacles approved by the Aviation Director
for all trash and other refuse generated by the use of the Premises; must prohibit
the piling of boxes, barrels, or other similar items in or within view from a public
area; and must pay, or cause to be paid, the costs associated with trash removal
and disposal.
i. Delegation. Any obligations of the Lessee required by this Lease may be
delegated to any approved sublessee by the terms of the sublease agreement
between the parties, provided, however, that any such delegation shall not relieve
Lessee of its liability, responsibilities, and obligations under this Lease.
j. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease
as required by the City Charter.
37. SEVERABILITY. If, for any reason, any section, paragraph, subdivision, clause, provision,
phrase, or word of this Lease or the application hereof to any person or circumstance is,
to any extent, held illegal, invalid, or unenforceable under present or future law or by a
final judgment of a court of competent jurisdiction, then the remainder of this Lease, or the
Page 14 of 19
application of said term or provision to persons or circumstances other than those as to
which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the
definite intent of the parties to this Lease that every section, paragraph, subdivision,
clause, provision, phrase or word hereof be given full force and effect for its purpose. To
the extent that any clause or provision is held illegal, invalid, or unenforceable under
present or future law effective during the term of this Lease, then the remainder of this
Lease is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable
clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or
unenforceable clause or provision as may be possible and be legal, valid, and enforceable,
will be added to this Lease automatically.
38. BINDING AGREEMENT. It is mutually understood and agreed that the covenants,
conditions, and provisions contained in this Lease to be performed by the respective
parties are binding on the parties and their respective successors, assigns, and heirs.
39. ENTIRETY CLAUSE.This Lease and the exhibits incorporated and attached hereto
constitute the entire agreement between the City and Lessee for the use granted. All other
agreements, promises and representations with respect thereto, unless contained in this
Lease, are expressly revoked, as it is the intention of the parties to provide for a complete
understanding within the provisions of this document, and the exhibits incorporated and
attached hereto, the terms, conditions, promises, and covenants relating to Lessee’s use
of the Premises.
Signatures on next page.
Page 15 of 19
EXHIBIT C
INSURANCE REQUIREMENTS
I.CONTRACTOR’S LIABILITY INSURANCE
A. Contractormust not commence work under this agreement until all insurance
required has been obtained and such insurance has been approved by the City.
Contractormust not allow any subcontractor Agencyto commence work until all
similar insurance required of any subcontractor Agency has been obtained.
B. Contractormust furnish to the City’s Risk Manager and Contract Administer one
(1) copy of Certificates of Insurance (COI) with applicable policy endorsements
showing the following minimum coverage by an insurance company(s) acceptable
to the City’s Risk Manager. The City must be listed as an additional insured on the
General liability and Auto Liability policies by endorsement, and a waiver of
subrogation is required on all applicable policies. Endorsements must be provided
with COI. Project name and or number must be listed in Description Box of COI.
TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE
Commercial General Liability Including:$1,000,000 Per Occurrence
1. Commercial Broad Form
2. Premises – Operations
3. Products/ Completed Operations
4. Contractual Liability
5. Independent Contractors
6. Personal Injury- Advertising Injury
C.In the event of accidents of any kind related to this agreement, Contractor must
furnish the Risk Manager with copies of all reports of any accidents within 10 days
of the accident.
II. ADDITIONAL REQUIREMENTS
A. Applicable for paid employees, Contractor must obtain workers’ compensation
coverage through a licensed insurance company. The coverage must be written
on a policy and endorsements approved by the Texas Department of Insurance.
The workers’ compensation coverage provided must be in an amount sufficient to
assure that all workers’ compensation obligations incurred by the Contractor will
be promptly met.
B. Contractor shall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Contractor's sole expense, insurance coverage
written on an occurrence basis, by companies authorized and admitted to do business in
the State of Texas and with an A.M. Best's rating of no less than A- VII.
C.Contractor shall be required to submit a copy of the replacement certificate of insurance to
City at the address provided below within 10 days of the requested change. Contractor shall
pay any costs incurred resulting from said changes. All notices under this Article shall be
given to City at the following address:
City of Corpus Christi
Attn: Risk Manager
P.O. Box 9277
Corpus Christi, TX 78469-9277
D. Contractor agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following
required provisions:
List the City and its officers, officials, employees, volunteers, and elected
representatives as additional insured by endorsement, as respects operations,
completed operation and activities of, or on behalf of, the named insured
performed under contract with the City, with the exception of the workers'
compensation policy;
Provide for an endorsement that the "other insurance" clause shall not apply to the
City of Corpus Christi where the City is an additional insured shown on the policy;
Workers' compensation and employers' liability policies will provide a waiver of
subrogation in favor of the City; and
Provide 30 calendar days advance written notice directly to City of any,
cancellation, non-renewal, material change or termination in coverage and not less
than 10 calendar days advance written notice for nonpayment of premium.
E. Within 5 calendar days of a cancellation, non-renewal, material change or
termination of coverage, Contractor shall provide a replacement Certificate of
Insurance and applicable endorsements to City. City shall have the option to
suspend Contractor's performance should there be a lapse in coverage at any time
during this contract. Failure to provide and to maintain the required insurance shall
constitute a material breach of this contract.
F. In addition to any other remedies the City may have upon Contractor's failure to
provide and maintain any insurance or policy endorsements to the extent and
within the time herein required, the City shall have the right to order Contractor to
remove the exhibit hereunder, and/or withhold any payment(s) if any, which
become due to Contractor hereunder until Contractor demonstrates compliance
with the requirements hereof.
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
propertyresulting 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.
2024 Insurance Requirements
Ins. Req. Exhibit 5-A
Leases of City Property – Leases of City Real Property
01/01/2024 Risk Management –Legal Dept.
Danysh Farms, Inc. Lease Agreement
Council Presentation
March 19, 2024
1
Proposed Lease Agreement
•The proposed farm lease with Danysh Farms, Inc. includes 68.93 acres recently
purchased by the Corpus Christi International Airport.
•The lease agreement is for a five-year term with one (1) three-year renewal
option and annual rent of $7,295.56.
•The lease payment will be adjusted upward by 3% annually on October 1st of
each year beginning on October 1, 2024.
•City Staff recommends approval of the five-year lease agreement.
•The Airport Board recommended approval of the lease agreement at their
regular scheduled meeting.
2
Proposed Lease Agreement
3
AGENDA MEMORANDUM
Public Hearing and First Reading for the City Council Meeting of Feb. 27,2024
Second Reading for the City Council Meeting of March 19, 2024
DATE: February 2, 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
6202 Yorktown Boulevard
CAPTION:
Zoning Case No. 0124-05, Corpus Christi Corridor LLC (District 5). Ordinance rezoning a
property at or near 6202 Yorktown Boulevard from -
-; Providing for a penalty not to exceed
$2,000 and publication. (Planning Commission and Staff recommend approval).
SUMMARY:
This item is to rezone the property to allow for a bar/tavern use.
BACKGROUND AND FINDINGS:
The subject property, approximately 2.7 acres in size, -
-
(Ordinance No. 031857) to allow a business center. The property was developed into a
single-story, neighborhood business center with a multi-tenant building including
boutiques, restaurants, and office uses at the western half. The 1.5-acre eastern half of
the property is currently vacant and undeveloped.
-
and overnight accommodation uses, educational facilities, medical facilities, commercial
parking offices, retail sales and service, and bar/taverns.
The proposed rezoning is consistent with the many broader elements of the
Comprehensive Plan (Plan CC) and
commercial; therefore, will not warrant an amendment to the FLUM.
Public Input Process
Number of Notices Mailed: 36 notices were mailed within the 200-foot notification area,
and 6 outside the notification area.
As of February 23, 2024:
In Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
A total of 0.00% 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 recommend approval of the change of zoning from the
CN-1 Neighborhood Commercial District to the CG-2General Commercial District on
January 10, 2024.
Vote Results
For: 6
Against: 0
Absent: 2
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0124-05, Corpus Christi Corridor, LLC (District 5).
-
Neighborhood -
for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff
recommended approval).
WHEREAS, with proper notice to the public, a public hearing was held during a meeting
of the Planning Commission during which all interested persons were allowed to appear and be
heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final report and
recommendation regarding the application for an a
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 UDC and corresponding UDC Zoning Map of
the City of Corpus Christi, Texas is amended by changing the zoning on the subject property
being Lots 1 and 2, Block 2, Kings Point Unit 2, as shown in Exhibit A, from:
the - to the -
District.
The subject property is located at or near 6202 Yorktown Boulevard. 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
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
Page 3 of 3
Zoning Case No. 0124-05, Corpus Christi Corridor, LLC (District 5).
-
Neighborhood N-1/SPNeighborhood Commercial District
with a Special Permit; Providing for a penalty not to exceed $2,000 and publication.
(Planning Commission and Staff recommended approval).
WHEREAS, with proper notice to the public, a public hearing was held during a meeting
of the Planning Commission during which all interested persons were allowed to appear and be
heard;
WHEREAS, the Planning Commission has forwarded to the City Council its final report and
recommendation regardin
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 UDC and corresponding UDC Zoning Map of
the City of Corpus Christi, Texas is amended by changing the zoning on the subject property
being Lots 1 and 2, Block 2, Kings Point Unit 2, as shown in Exhibit A, from:
the - to the -
District.
The subject property is located at or near 6202 Yorktown Boulevard. Exhibit A, a map, is
attached to and incorporated in this ordinance.
This Special Permit granted in this Section of this ordinance is subject to the following conditions:
1. Use: The only use allowed other than uses allowed in the base zoning district is a
bar/tavern.
2. Buffer Yard: A 40-foot buffer is required between the residential lots to the north of the
property and any proposed structures.
3. Screening: An 8-foot masonry fence must be erected abutting single-family residential
uses.
4. Noise Generators: Dumpster service may only occur between the hours of 8 am-5 pm
5. Time Limit: This special permit will expire within 12 months if a building permit is not
submitted or if the use allowed in this permit is discontinued for more than 6 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
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
Page 3 of 3
Case # 0124-05
Applicant & Subject Property
City Council District: 5
Owner: Corpus Christi Corridor LLC
Applicant: Golden Real Estate & Construction Consulting
Address: 6202 Yorktown Boulevard, located along the north side of Yorktown Boulevard, east
of Staples Street, and west of Cimarron Boulevard.
Legal Description: Lots 1 and 2, Block 2, Kings Point Unit 2
Acreage of Subject Property: 2.7 acres
Pre-Submission Meeting: November 10, 2023
Zoning Request
From: CN- District
To: CG-
Purpose of Request: To allow for a bar/tavern use.
Land Development & Surrounding Land Uses
Zoning District Existing Land Use Future Land Use
-
Site Commercial Commercial
Commercial
North
--Family 6 Low-Density Residential Medium-Density Residential
South
-
East Vacant
Commercial
Commercial
--Family 6 Low-Density Residential
West
Plat Status: The subject property is platted (Volume 69, Page 374-375).
Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The
subject property is not located within a MCAOD.
Code Violations: There are no violations.
Transportation and Circulation
Designation Section Proposed Section Existing
Yorktown
Arterial 6 Lanes, 4 Lanes,
Boulevard
Divided 130 feet 100 feet, Divided
Transit: The Corpus Christi RTA provides service to the subject property via Route 24
Airline/Yorktown Connector.
Bicycle Mobility Plan: The subject property is approximately ¼ mile to 1-Way Cycle Tracks
(Both sides) on both Loire Boulevard and Cimarron Boulevard.
Utilities
Gas:An line along the along Yorktown Boulevard.
Stormwater: A .
Wastewater: An 1g Yorktown Boulevard.
Water: An
Corpus Christi Comprehensive Plan
Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future
development and redevelopment within the corporate limits and extraterritorial jurisdiction
(ETJ) was adopted in 2016.
Area Development Plan (ADP): According to Plan CC the subject property is located within
the Southside Area Development Plan (Adopted on March 17, 2020).
Water Master Plan: A 12Yorktown Boulevard is proposed.
Wastewater Master Plan: No improvements have been proposed.
Stormwater Master Plan: No improvements have been proposed.
Public Notification
Number of Notices Mailed 36 within a 200-foot notification area
6 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 owners)
Public Hearing Schedule
Planning Commission Hearing Date: January 10, 2024
st
City Council 1 Reading/Public Hearing Date: February 27, 2024
nd
City Council 2 Reading Date: March 19, 2024
Background:
The subject property, approximately 2.7 acres in size, -
-
031857) to allow a business center. The property was developed into a single-story,
neighborhood business center with a multi-tenant building including boutiques, restaurants,
and office uses at the western half. The 1.5-acre eastern half of the property is currently vacant
and undeveloped.
-and
overnight accommodation uses, educational facilities, medical facilities, commercial parking
offices, retail sales and service, and bar/taverns.
Comprehensive Plan Consistency:
Plan CC: The proposed rezoning is consistent with the following Goals and Strategies
for Decision Makers:
o Future Land Use, Zoning, and Urban Design
Encourage orderly growth of new residential, commercial, and industrial
areas.
Zoning Report
Page 3
Promote a balanced mix of land uses to accommodate continuous growth
and promote the proper location of land uses based on computability,
locational needs, and characteristics of each.
Encourage the design of commercial centers in a manner that minimizes
the impacts of automobile intrusion, noise, and visual blight on
surrounding areas.
Promote interconnected neighborhoods with appropriate transitions
between lower-intensity and higher-intensity land uses.
Screening fences, open space, or landscaping can provide an essential
buffer between shopping and residential areas.
o Future Land Use Map (FLUM): The proposed rezoning is consistent with the
commercial.
Staff Analysis:
for
the rezoning request and conducted research into the land development history to
include platting, zoning, existing surrounding land uses, and potential code violations. Staff
the
comprehensive plan. As a result of the above analysis, staff notes the following:
The proposed rezoning is consistent with many broader elements of the Comprehensive Plan
(Plan CC) (Future Land Use Map) designation of commercial; therefore, will
not warrant an amendment to the Future Land Use Map.
The proposed rezoning is compatible with neighboring properties and with the general
character of the surrounding area. This rezoning will not have a negative impact on the
surrounding neighborhood regarding noise.
G-2
General Commercial District that fronts Yorktown Boulevard -
Commercial District to increase the marketability of uses within the existing and proposed
shopping centers.
The nature of the Yorktown corridor from South Staples to Cimarron Boulevard,
approximately 1 mile in length, is developing as commercial in nature.
A Type C Buffer Yard will be required consisting of a minimum 15-foot-wide buffer yard plus
at least 15 points as defined in Section 4.9.5. A. of the Unified Development Code. (UDC).
Planning Commission and Staff Recommendation (January 10, 2024):
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 zonin-
-.
Attachment: Existing Zoning and Notice Area Map.
ATTACHMENT A: EXISTING ZONING AND NOTICE AREA
Zoning Case 0124-05
Corpus Christi Corridor LLC
DISTRICT 5
Rezoning for a property at
6202 Yorktown Boulevard
From “CN-1” to “CG-2”
N
City Council
February 27, 2024
1
Zoning and Land Use
Proposed Use:
CG-2/SP
Expanded Commercial Uses to include Bar/Tavern.
10-10-2022
Area Development Plan:
Southside (Adopted on March 17, 2020)
Future Land Use Map:
Commercial
Ord. 031857 Existing Zoning:
09/05/19
“CN-1” Neighborhood Commercial
Adjacent Land Uses:
•North: Medium-Density Residential, Zoned “RS-6”
•South: Medium-Density Residential, Zoned “RS-6”
N
•East: Commercial, Zoned “CN-1”
•West: Vacant, Zoned “RS-6”
2
Public Notification
36 Notices mailed inside the 200’ buffer
6 Notices mailed outside the 200’ buffer
Notification Area
Opposed: 0 (0.00%)
Separate Opposed Owners: 0
In Favor: 0 (0.00%)
Note: Notified property owner’s land in square feet
divided by the footage of all property in the notification
area equals the percentage of public opposition.
3
Commercial Nature of Yorktown
Boulevard
Ord. 018506
10/08/84
Ord. 031284
10/30/17
Ord. 025999
10/1/04
Ord. 025999
10/18/04
Ord. 031498
08/13/18
Ord. 025278
04/28/03
Ord. 031857
09/05/19
Ord. 026733
04/10/06
4
Buffering Incompatible Uses
UDC§7.3.10
Requirements for Buffering Incompatible Uses
•For commercial uses adjacent to a parcel zoned for or
occupied by residential uses, construction of a solid
screening fence 6 feet in height is required.
UDC§7.9.8
View facing the front of
View facing the front subject property –
Use of Walls Within Required Zoning District Buffer
undeveloped west
of subject property -
Yard (Noise Generators)
developed east parcelparcel
•For a dumpster or loading zone located adjacent to a
single-family district, a minimum 7-foot wall shall be
required.
•For visual continuity, the height, materials, and
appearance of a wall or fence, must match the existing
wall or fence located along the same block face and/or
sides.
UDC§7.9.5 Required Zoning District Buffer Yard (New
Development) CG to RS:
View facing the Zoomed-in view facing
•Type C Buffer Yard will be required consisting of a
western boundary of the western boundary
the subject propertyof the subject property
minimum 15-foot-wide buffer yard and 15 points.
•15 points is accomplished by an 8-foot solid masonry
wall
5
Staff Analysis And Recommendation
TheproposedrezoningisconsistentwithmanybroaderelementsoftheComprehensive
Plan(PlanCC)andtheFLUM’s(FutureLandUseMap)designationofcommercial;
therefore,willnotwarrantanamendmenttotheFutureLandUseMap.
Theproposedrezoningiscompatiblewithneighboringpropertiesandwiththegeneral
characterofthesurroundingarea.Thisrezoningwillnothaveanegativeimpactonthe
surroundingneighborhoodregardingnoise.
Themarketabilityofthesubjectpropertywouldbeincreasedwiththe“CG-2”General
CommercialDistrictthatfrontsYorktownBoulevardratherthanthe“CN-1”Neighborhood
CommercialDistrict.
ATypeCBufferYardwillberequiredconsistingofaminimum15-foot-widebufferyardplus
atleast15pointsabuttingthe“RS-6”Single-Family6Districttothenorthofthesubject
property,asdefinedinSection4.9.5.A.oftheUnifiedDevelopmentCode.(UDC).
PLANNING COMMISSION AND STAFF RECOMMENDATION: Approval of the rezoning
from the “CN-1” Neighborhood Commercial District to the “CG-2” General Commercial
District.
6
AGENDA MEMORANDUM
Public Hearing and First Reading for the City Council Meeting of March 19, 2024
Second Reading for the City Council Meeting of March 26, 2024
DATE: March 19, 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
922 W Lakeside Drive
CAPTION:
Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4). Ordinance rezoning
--Family 6 District
----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 a multi-family development.
BACKGROUND AND FINDINGS:
The subject property, with a 1.53 acreage, is within the Flour Bluff area, north of NAS
(Naval Air Station) Drive and South Padre Island Drive (SH-358), and west of Waldron
Road and NAS Drive. The site formerly hosted a non-conforming use (manufactured
home park) with a 5-unit multi-family structure remaining at the northeast corner of the
site. Approximately 0.6 mile north, is the southern boundary of the nearly 2,067-acre
TRUAXX naval field. The site is within the MCAOD (Military Area Compatibility Overlay
District) of the TRUAXX base, outside any of its CZ (Clear Zone), APZ (Accident
Potential Zone) I and II zones; however, within its light and vertical obstruction safety
subzones.
The subject property is surrounded by vacant properties to the north, west, and south.
-
Commercial zoned properties that are vacant inner-block, with commercial uses, along
NAS Drive. The properties to the north, abutting the northern and western boundaries of
---Family 6, and are vacant. South of the
-
not imme-
parcel, contains several small enclaves of non-conforming uses; including a self-storage
facility, and multi-family uses.
The applicant is requesting an amendment to the existing zoning district to
accommodate a multi-family development targeting the senior population; for seniors;
expanding the existing 5-unit apartments into a total of 35, with 30 new units out of steel
shipping containers. The proposed development will offer affordable housing to senior
citizens on fixed income with options for veterans in the Flour Bluff community. The
applicant revealed that similar communities in their portfolio are characterized by a large
group of their residents having little to no vehicular access; relying on bicycles, public
transportation, or ride shares. The development will also include support and
recreational facilities.
-
types may take the form of single-family detached, zero lot line, traditional semi-
attached, two-family, townhouse or apartment units. These zoning districts are used in
areas having convenient access to collector and arterial streets, and nearby civic and
commercial uses, as well as employment opportunities. Apart from the variety of
housing types permitted, group homes, educational facilities, parks and open areas, and
places of worship are also permitted.
The proposed rezoning is consistent with many elements and goals of Plan CC (City of
(Future Land Use Map) designation of Transition Aviation Special District, warranting an
amendment to the FLUM.
Public Input Process
Number of Notices Mailed: 14 notices were mailed within the 200-foot notification area,
and 2 outside the notification area.
As of March 15, 2024:
In Favor In Opposition
0 inside notification area 0 inside notification area
0 outside notification area 0 outside notification area
A total of 0.00% 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 recommend approval of the change of zoning from the
----Family 6 District with a Special
--Family District on January 24, 2024.
Vote Results
For: 8
Against: 0
Absent: 0
LIST OF SUPPORTING DOCUMENTS:
Ordinance
Presentation - Aerial Map
Planning Commission Final Report
Zoning Case No. 0124-06 (ZN8171), Sunriser Park LLC (District 4).
-
Single--Single-Family 6 District with a Special
--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
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 UDC and corresponding UDC Zoning Map of
the City of Corpus Christi, Texas is amended by changing the zoning on the subject property
being 1.528 Acres Out of Lots 8, 9, 10, and 26 Feet of Lot 11, Block C, Flour Bluff Estates, as
described in Exhibit A, and shown in Exhibit B, from:
the ----Family 6 District with a
Special Permit to the --Family District.
The subject property is located at or near 922 W Lakeside Drive. Exhibit A, a metes and bounds
description, and Exhibit B, a map, are attached to and incorporated in this ordinance.
SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1,
2011 and as amended from time to time, except as changed by this ordinance, both remain in full
force and effect including the penalties for violations as made and provided for in Article 10 of the
UDC.
SECTION 3. To the extent this amendment to the UDC represents a deviation from the
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 conflict with this ordinance are hereby expressly superseded except for the
Military Compatibility Area Overlay Districts. This ordinance does not amend or supersede any
Military Compatibility Area Overlay Districts, which, as adopted by Ordinance #032829, remain in
full force and effect.
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
Page 3 of 5
Page 4 of 5
Exhibit B
Page 5 of 5
Zoning Case 0124-06
Sunriser Park, LLC.
District 4
Rezoning for a property at or near
922 W. Lakeside Drive
From the “RS-6” Single-Family 6 District and “RS-6/SP”
Single-Family 6 District with a Special Permit
To the “RM-2” Multi-Family
N
City Council
March 19, 2024
Zoning and Land Use
Proposed Use:
To allow a multi-family development.
ADP (Area Development Plan):
10-07-1985
Flour Bluff, Adopted on June 22, 2021
03-01-1983
FLUM (Future Land Use Map):
Transition Aviation Special District
Existing Zoning District:
“RS-6” Single-Family 6 District, and “RS-6/SP”
03-01-1983
Single-Family 6 District with a Special Permit
03-01-1983
Adjacent Land Uses:
North:Vacant; Zoned: CG-1, RS-6
03-01-1983
South:Vacant, ROW; Zoned: CG-1
N
East:ROW, Vacant, Commercial; Zoned: CG-1
West:Vacant; Zoned: CG-1
Public Notification
14 Notices mailed inside the 200’ buffer
2 Notices mailed outside the 200’ buffer
Notification Area
Opposed: 0 (0.00%)
Separate Opposed Owners: (0)
In Favor: 0 (0.00%)
N
*Notified property owner’s land in SQF/ Total SQF of all properties in
the notification area = Percentage of public in opposition and/or favor.
Staff Analysis and Recommendation
The proposed rezoning is consistent with many elements and goals of PlanCC; however, it is inconsistent withthe
FLUM’s designation of Transition Aviation Special District, warranting an amendment to the FLUM.
Although inconsistent with the designated future land use, staff’s opinion is that the proposed development would
be beneficial to the community.
Staff noted that while the FLUM has designated the area north of NAS Drive and South Padre Island Drive, and
south of the TRUAXX base as Transition Aviation Special District District; its main purpose is to regulate vertical
obstructions. Accident potential risk is largely diminished; a one-story development is being proposed.
The proposed development addresses the provision of housing as recommended by the City’s guiding documents
for different income levels and stages of life. Staff finds the proposed means acceptable to provide quality housing
for the moderate senior population of Flour Bluff and beyond.
The rezoning is compatible with the present zoning and conforming uses of nearby property and to the character
of the surrounding area.
PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL
TO THE “RM-2” MULTI-FAMILY DISTRICT
AGENDA MEMORANDUM
Action Item for the City Council Meeting of March 19, 2024
DATE: March 19, 2023
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
joshc2@cctexas.com
(361) 826-3169
Master Services Agreement Amendment 1
Staff Augmentation Services
CAPTION:
Motion authorizing Amendment No. 1 to a Master Services Agreement for Staff Augmentation
Services to AG|CM of Corpus Christi in an amount not to exceed $1,500,000.00, for a total
contract value not to exceed $3,000,000.00 with a two year extension supporting projects located
Citywide with funding available from the Capital Improvements Program.
SUMMARY:
This motion approves Amendment No. 1 to a Master Services Agreement to perform as-needed
Staff Augmentation Services addressing critical staffing needs experienced in Engineering
Services to support delivery of the Capital Improvements Program.
BACKGROUND AND FINDINGS:
Engineering Services is charged with
Program. Successful implementation of these programs requires a properly staffed and trained
team of program and construction professionals. The department has historically used a blend of
in-house and contracted staff resources to accomplish its mission of delivercapital
improvement program.
The Engineering Services active construction portfolio currently has nearly 100 contracts with a
total current contract value of approximately $650 Million with over $350 Million of unbilled value.
Actions on the current agenda will increase those amounts by nearly $200 Million and that backlog
is expected to continue increasing rapidly and will probably exceed $650 Million in unbilled value
before the end of the fiscal year. It is difficult to staff up as quickly as the construction backlog is
growing. A contract like the AG|CM MSA provides an alternative to rapidly respond to urgent
staffing needs.
We are working to adjust our staffing levels and recruitment efforts in response to the increasing
workload. It is difficult, however, to make those adjustments as quickly as our backlog is growing.
The Engineering Services Department has historically used a blend of in-house and contracted
staff resources to respond to spikes in activity. The contract staff are managed in a very similar
fashion to City Employees. The contracted personnel are expected to maintain regular business
hours on their assigned days of work and to complete required deliverables in the same fashion
as a City Employee performing in the same capacity. They are simply paid through the vendor
rather than City payroll.
The MSA will be a task order driven contract. The funding will come from projects that are
supported by contract employees in the same way that Engineering Services charges for our in-
The task orders will be based on the hourly T&M rates listed in the contract
rate schedule.
By retaining the services of AG|CM, staff can ensure that major CIP projects have a dedicated
staff member. Some major construction projects that may be covered with staffing from this
contract totals over $300 million and include:
Oso WRP Process Upgrades and Breakpoint Chlorination Facility Decommissioning--
$110 million
O.N. Stevens Water Treatment Plant (ONSWTP) Raw Water Influent and Chemical
Facilities -- $86 million
ONSWTP Pre-Sedimentation Basin Dredging--$8.7 million
Police Training Academy--$21 million
Fire Station #3--$9.5 million
Bill Witt Aquatic Center--$10 million
Yorktown Boulevard--$20 million
Flour Bluff Drive--$14 million
2023 Residential Street Rebuild Program - $24 million
COMPETITIVE SOLICITATION PROCESS
This professional services contract falls under statutory exemption and does not require a
competitive solicitation. AG|CM specializes in helping organizations manage and staff large
capital construction programs. They do not design or build projects but
Representatives.
Organizations often have internal Project Management departments, such as Engineering
Services, to oversee construction. Sometimes schedules and staffing deficiencies cause the
entities to look externally for additional support. In these situations where workloads exceed
internal capacity, AG|CM offers Staff Augmentation services to clients. They have frequently
supported the City with staff augmentation services in the past.
AG|CM is a locally headquartered firm that has been a valued partner of the City since 1996.
AG|CM provides a unique service offering in the local marketplace. This contract is being solely
sourced to AG|CM in the interest of expediting access to these time-sensitive services and
because of their specialized local service offering. A competitive solicitation would take several
months to complete and AG|CM is currently providing these services in a cost-effective manner
to the City.
ALTERNATIVES:
City Council could choose not to authorize amendment to the MSA but this will result in delays
and increased costs for both design and construction.
FISCAL IMPACT:
The fiscal impact is an amount of $1,500,000.00 to be funded through the Capital Program and
Bond Program Funds.
FUNDING DETAIL:
Funding will be available within the budgets of the supported capital projects.
RECOMMENDATION:
Staff recommends approval of this motion to award Amendment No.1 to the current AG|CM MSA
contract.
LIST OF SUPPORTING DOCUMENTS:
AE Contract Template
SERVICE AGREEMENT NO. ______
MASTER SERVICE AGREEMENT FOR PROFESSIONAL SERVICES
This Agreement is between the City of Corpus Christi, a Texas home rule municipal corporation, P.O.
Box 9277, Corpus Christi, Nueces County, Texas 78469-9277 (City) acting through its duly authorized
City Manager or designee and ____________, an ____________ Corporation,
_____________________, Corpus Christi, Texas (Consultant).
TABLE OF CONTENTS
ARTICLE NO.TITLE PAGE
ARTICLE I –PROJECT TASK ORDER ................................................................................................ 2
ARTICLE II –COMPENSATION ........................................................................................................... 3
ARTICLE III –QUALITY CONTROL PLAN ........................................................................................... 4
ARTICLE IV – OPINIONS OF COST .................................................................................................... 4
ARTICLE V – INSURANCE REQUIREMENTS ..................................................................................... 4
ARTICLE VI -INDEMNIFICATION ....................................................................................................... 4
ARTICLE VII – TERM; RENEWALS; TIMES FOR RENDERING SERVICE ......................................... 5
ARTICLE VIII -TERMINATION OF AGREEMENT............................................................................... 5
ARTICLE IX – RIGHT OF REVIEW AND AUDIT .................................................................................. 6
ARTICLE X – OWNER REMEDIES ...................................................................................................... 7
ARTICLE XI – CONSULTANT REMEDIES........................................................................................... 7
ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION ....................................................................... 8
ARTICLE XIII –MISCELLANEOUS PROVISIONS ............................................................................... 9
EXHIBITS
Page 1 Rev. 21-3
ARTICLE I – PROJECT TASK ORDER
1.1 This Agreement shall apply to as many tasks as City and Consultant agree will be performed under the
terms and conditions of this Agreement. Each task Consultant performs for City hereunder shall be
designated a Task Order. No Task Order shall be binding or enforceable unless and until it has been
properly executed by both City and Consultant. The general scope for these Task Orders is outlined in
Exhibit A. More specific scopes of work will be issued for pricing when a task order is needed.
Task Orders shall become a supplemental agreement to this Agreement.
1.2 The Consultant shall provide its Scope of Services, to be included in each Task Order. The Scope of
Services shall include all associated services required for Consultant to provide such Services, pursuant
to this Agreement, and any and all Services which would normally be required by law or common due
diligence in accordance with the standard of care defined in Article XII of this Agreement. Consultant will
perform the Services in accordance with the approved Scope of Services and with Consultant’s response
to the Request for Qualifications related to this project, which response is incorporated by reference into
this Agreement as if set out here in its entirety.
1.3 Under this Agreement, Consultant will provide services on a Task Order basis for a range of services
related to assisting Engineering Services with professional engineering, architecture and construction
services related to execution of Capital Improvements Programs. All work will be subject to authorization
from City. A detailed Scope of Services and fee estimate will be developed for each task prior to
execution of work.
1.4 Consultant shall follow City Codes and Standards effective at the time of the execution of individual Task
Orders. At review milestones, the Consultant and City will review the progress of the plans to ensure
that City Codes and Standards are followed unless specifically and explicitly excluded from doing so in
the approved Task Order. A request made by either party to deviate from City standards after the contract
is executed must be in writing.
1.5 Consultant must perform tasks and submit deliverables as detailed in each approved Task Order.
1.6 Consultant must provide all labor, equipment and transportation necessary to complete all services
agreed to in a timely manner throughout the term of the Agreement. Persons retained by Consultant to
perform work pursuant to this Agreement shall be employees or subconsultants of Consultant.
Consultant must provide City with a list of all subconsultants that includes the services performed by the
subconsultant and the percentage of work performed by the subconsultant. Changes in Consultant’s
team that provides services under this Agreement must be agreed to by the City in writing.
1.7 Consultant must not begin work on any Task Order authorized under this Agreement until they are briefed
on the scope of the Project and are issued the fully executed Task Order to proceed.
1.8 For design services, Consultant agrees to render the professional services necessary for the
advancement of the Project through Final Completion of the Construction Contract. Consultant
acknowledges and accepts its responsibilities, as defined and described in the City’s General Conditions
for Construction Contracts, an excerpt of which is attached as Exhibit D to this Agreement.
1.9 For projects that require subsurface utility investigation:
1.9.1 The Consultant agrees to prepare and submit to the City a signed and sealed report identifying
all utilities within the project area at the Quality Level specified in the Task Order. It is assumed
that all utilities will be identified using Quality Level A exploratory excavation unless stated
otherwise.
Page 2 Rev. 21-3
1.9.2 Utilities that should be identified include, but are not limited to, City-owned utilities, local
rd
franchises, electric companies, communication companies, private pipeline companies and 3
party owners/operators.
1.10 For project with potential utility conflicts:
1.10.1 The Consultant agrees to coordinate the verification and resolution of all potential utility conflicts.
1.10.2 The Consultant agrees to prepare and submit a monthly Utility Coordination Matrix to the City.
1.11 The Consultant agrees to conduct all communication through and perform all project-related functions
utilizing the City’s project management system known as e-Builder. This includes all correspondence,
submittals, payment requests and processing, contract amendments and construction phase activities.
ARTICLE II – COMPENSATION
2.1 The Compensation for all services included in this Agreement by Task Orders shall not exceed
$__________________.
2.2 The Consultant’s fee for each Task Order will be on a lump sum or time and materials (T&M) basis with
a negotiated not-to-exceed amount. The fees will not exceed those identified and will be full and total
compensation for all services outlined in each Task Order, and for all expenses incurred in performing
these services.
2.3 Consultant shall price Task Orders in accordance with Exhibit B, Rate Schedule, subject to approval by
the City.
2.4 Monthly invoices will be submitted in accordance with the Payment Request as shown in Exhibit C. Each
invoice will include the Consultant’s estimate of the proportion of the contracted services completed at
the time of billing. For work performed on a T&M Basis, the invoice shall include documentation that
shows who worked on the Project, the number of hours that each individual worked, the applicable rates
from the Rate Schedule and any reimbursable expenses associated with the work. City will make prompt
monthly payments in response to Consultant’s monthly invoices in compliance with the Texas Prompt
Payment Act.
2.4.1 Principals may only bill at the hourly rate of Principals when acting in that capacity. Principals
acting in the capacity of staff must bill at staff rates. The Consultant shall provide documentation with
each payment request that clearly indicates how that individual’s time is allocated and the justification for
that allocation.
2.5 In the event of any dispute(s) between the Parties regarding the amount properly compensable for any
Task Order or as final compensation or regarding any amount that may be withheld by City, Consultant
shall be required to make a claim pursuant to and in accordance with the terms of this Agreement and
follow the procedures provided herein for the resolution of such dispute. In the event Consultant does
not initiate and follow the claims procedures provided in this Agreement in a timely manner and as
required by the terms thereof, any such claim shall be waived.
2.6 Request of final compensation by Consultant shall constitute a waiver of claims except those previously
made in writing and identified by Consultant as unsettled at the time of final Payment Request.
Page 3 Rev. 21-3
2.7 Any fee payable under this Agreement is subject to the availability of funds. The Consultant may be
directed to suspend work pending receipt and appropriation of funds. The right to suspend work under
this provision does not relieve the City of its obligation to make payments in accordance with section 2.5
above for services provided up to the date of suspension.
ARTICLE III – QUALITY CONTROL PLAN
3.1 The Consultant agrees to perform quality assurance-quality control/constructability reviews (QCP
Review). The City reserves the right to retain a separate consultant to perform additional QCP services
for the City.
3.2 The Consultant will perform QCP Reviews at intervals during the project to ensure deliverables satisfy
applicable industry quality standards and meet the requirements of the project scope. Based on the
findings of the QCP Review, the Consultant must reconcile the project scope and Opinion of Probable
Cost (OPC) as needed.
3.3 Documents that do not meet City standards in effect at the time of the execution of a related Task Order
may be rejected. If documents are found not to be in compliance with this Agreement, Consultant will not
be compensated for having to resubmit documents.
ARTICLE IV – OPINIONS OF COST
4.1 The Opinion of Probable Cost (OPC) is computed by the Consultant and includes the total cost for
construction of the Project.
4.2 The OPC does not include the cost of the land, rights-of-way or other costs which are the responsibility
of the City.
4.3 Since Consultant has no control over a construction contractor’s cost of labor, materials or equipment, or
over the contractor’s methods of determining prices, or over competitive bidding or market conditions,
Consultant’s opinions of probable Project Cost or Construction Cost provided herein are to be made on
the basis of Consultant’s experience and qualifications and represent Consultant’s best judgment as a
design professional familiar with the construction industry, but Consultant cannot and does not guarantee
proposals, bids or the construction cost shall not vary from the OPC prepared by Consultant.
ARTICLE V – INSURANCE REQUIREMENTS
5.1 Consultant must not commence work under this Agreement until all required insurance has been
obtained, and such insurance has been approved by the City. Consultant must not allow any
subcontractor to commence work until all similar insurance required of any subcontractor has been
obtained.
5.2 Insurance Requirements are shown in EXHIBIT D.
ARTICLE VI - INDEMNIFICATION
Consultant shall fully indemnify and hold harmless the City of Corpus Christi and its officials,
officers, agents, employees, excluding the engineer or architect or that person’s agent,
Page 4 Rev. 21-3
employee or subconsultant, over which the City exercises control (“Indemnitee”) from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
courtcosts, to the extent that the damage is caused by or results from an act of negligence,
intentional tort, intellectual property infringement or failure to pay a subcontractor or supplier
committed by Consultant or its agent, Consultant under contract or another entity over which
Consultant exercises control while in the exercise of rights or performance of the duties under
this agreement. This indemnification does not apply to any liability resulting from the negligent
acts or omissions of the City or its employees, to the extent of such negligence.
Consultant shall defend Indemnitee, with counsel satisfactory to the City Attorney, from and
against any and all claims, damages, liabilities or costs, including reasonable attorney fees and
court costs, included in the indemnification above if the claim is not based wholly or partly on
the negligence of, fault of or breach of contract by Indemnitee. If a claim is based wholly or
partly on the negligence of, fault of or breach of contract by Indemnitee, the Consultantshall
reimburse the City’s reasonable attorney’s fees in proportion to the Consultant’s liability.
Consultant must advise City in writing within 24 hours of any claim or demand against City or
Consultant known to Consultant related to or arising out of Consultant’s activities under this
Agreement.
ARTICLE VII – TERM; RENEWALS; TIMES FOR RENDERING SERVICE
7.1 This Agreement shall be effective upon the signature of the City Manager or designee (Effective Date).
7.2 This Agreement shall be applicable to Task Orders issued hereunder from the Effective Date of the
Agreement until Task Orders are complete.
7.3 The term of this Agreement shall be for a period of ___ years beginning on the Effective Date, unless
extended by authority of the City Manager or designee. The Agreement may be renewed for up to ___
renewal options upon mutual agreement of the parties to be evidenced in writing prior to the expiration
of the prior term. Any renewals shall be at the same terms and conditions, plus any approved changes.
7.4 The times for performing services or providing deliverables will be stated in each Task Order. If no times
are so stated, Consultant will perform services and provide deliverables within a reasonable time.
ARTICLE VIII - TERMINATION OF AGREEMENT
8.1 By Consultant:
8.1.1 The City reserves the right to suspend this Agreement at the end of any phase for the convenience
of the City by issuing a written and signed Notice of Suspension. The Consultant may terminate this
Agreement for convenience in the event such suspension extends for a period beyond 120 calendar days
by delivering a Notice of Termination to the City.
8.1.2 The Consultant must follow the Termination Procedure outlined in this Agreement.
8.2 By City:
Page 5 Rev. 21-3
8.2.1The City mayterminate this agreementfor convenience upon seven days written notice to the
Consultant at the address of record.
8.2.2 The City may terminate this agreement for cause upon ten days written notice to the Consultant.
If Consultant begins, within three days of receipt of such notice, to correct its failure and proceeds to
diligently cure such failure within the ten days, the agreement will not terminate. If the Consultant again
fails to perform under this agreement, the City may terminate the agreement for cause upon seven days
written notice to the Consultant with no additional cure period. If the City terminates for cause, the City
may reject any and all proposals submitted by Consultant for up to two years.
8.3 Termination Procedure
8.3.1 Upon receipt of a Notice of Termination and prior to the effective date of termination, unless the
notice otherwise directs or Consultant takes action to cure a failure to perform under the cure period,
Consultant shall immediately begin the phase-out and discontinuance of all services in connection with
the performance of this Agreement. Within 30 calendar days after receipt of the Notice of Termination,
unless Consultant has successfully cured a failure to perform, Consultant shall submit a statement
showing in detail the services performed under this Agreement prior to the effective date of termination.
City retains the option to grant an extension to the time period for submittal of such statement.
8.3.2 Consultant shall submit all completed and/or partially completed work under this Agreement,
including but not limited to specifications, designs, plans and exhibits. Consultant shall mark partially
completed work as “Draft” and does not guarantee the accuracy or reliability of partially completed work
submitted in accordance with this Article.
8.3.3 Upon receipt of documents described in the Termination Procedure and absent any reason why
City may be compelled to withhold fees, Consultant will be compensated for its services based upon a
Time & Materials calculation or Consultant and City's estimate of the proportion of the total services
actually completed at the time of termination. There will be no compensation for anticipated profits on
services not completed.
8.3.4 Consultant acknowledges that City is a public entity and has a duty to document the expenditure
of public funds. The failure of Consultant to comply with the submittal of the statement and documents,
as required above, shall constitute a waiver by Consultant of any and all rights or claims to payment for
services performed under this Agreement.
ARTICLE IX – RIGHT OF REVIEW AND AUDIT
9.1 Consultant grants City, or its designees, the right to audit, examine or inspect, at City’s election, all of
Consultant’s records relating to the performance of the Work under this Agreement, during the term of
this Agreement and retention period herein. The audit, examination or inspection may be performed by
a City designee, which may include its internal auditors or an outside representative engaged by City.
Consultant agrees to retain its records for a minimum of four years following termination of the
Agreement, unless there is an ongoing dispute under this Agreement, then such retention period shall
extend until final resolution of the dispute.
9.2 “Consultant’s records” include any and all information, materials and data of every kind and character
generated as a result of the Work under this Agreement. Examples include billings, books, general
ledger, cost ledgers, invoices, production sheets, documents, correspondence, meeting notes,
subscriptions, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily
diaries, reports, drawings, receipts, vouchers, memoranda, time sheets, payroll records, policies,
procedures, federal and state tax filings for issue in questions and any and all other agreements, sources
Page 6 Rev. 21-3
of information and matters that may, in City’s judgment, have any bearing on or pertain to any matters,
rights, duties or obligations under or covered by any Agreement Documents.
9.3 City agrees that it shall exercise the right to audit, examine or inspect Consultant’s records only during
City’s regular business hours. Upon reasonable prior notice, Consultant agrees to allow City’s designee
access to all of Consultant’s records, Consultant’s facilities and Consultant’s current or former
employees, deemed necessary by City or its designee(s), to perform such audit, inspection or
examination. Consultant also agrees to provide adequate and appropriate work space necessary to City
or its designees to conduct such audits, inspections or examinations.
9.4 Consultant shall include this audit clause in any subcontractor, supplier or vendor contract.
ARTICLE X – OWNER REMEDIES
10.1 The City and Consultant agree that in the event the City suffers actual damages, the City may elect to
pursue its actual damages and any other remedy allowed by law. This includes but is not limited to:
10.1.1 Failure of the Consultant to make adequate progress and endanger timely and successful
completion of the Project, which includes failure of subconsultants to meet contractual obligations;
10.1.2 Failure of the Consultant to design in compliance with the laws of the City, State and/or federal
governments, such that subsequent compliance costs exceed expenditures that would have been
involved had services been properly executed by the Consultant.
10.1.3 Losses are incurred because of defects, errors and omissions in the design, working drawings,
specifications or other documents prepared by the Consultant to the extent that the financial losses are
greater than the City would have originally paid had there not been defects, errors and omissions in the
documents.
10.2 When the City incurs non-value added work costs for change orders due to design errors or omissions,
the City will send the Consultant a letter that includes:
(1) Summary of facts with supporting documentation;
(2) Instructions for Consultant to revise design documents, if appropriate, at Consultant’s expense;
(3) Calculation of non-value added work costs incurred by the City; and
(4) Deadline for Consultant’s response.
10.3 The Consultant may be required to revise bid documents and re-advertise the Project at the Consultant’s
sole cost if, in the City’s judgment, the Consultant generates excessive addenda, either in terms of the
nature of the revision or the actual number of changes due to the Consultant’s errors or omissions.
10.4 The City may withhold or nullify the whole or part of any payment as detailed in Article II.
ARTICLE XI – CONSULTANT REMEDIES
11.1 If Consultant is delayed due to uncontrollable circumstances, such as strikes, riots, acts of God, national
emergency, epidemics, acts of the public enemy, governmental restrictions, laws or regulations or any
other causes beyond Consultant’s and City’s reasonable control, an extension of the Project schedule in
an amount equal to the time lost due to such delay shall be Consultant’s sole and exclusive remedy. The
revised schedule should be approved in writing with a documented reason for granting the extension.
Page 7 Rev. 21-3
11.2 If Consultant requests a remedy for a condition not specified above, Consultant must file a Claim as
provided in this Agreement.
ARTICLE XII – CLAIMS AND DISPUTE RESOLUTION
12.1 Filing of Claims
12.1.1 Claims arising from the circumstances identified in this Agreement or other occurrences or events,
shall be made by Written Notice delivered by the party making the Claim to the other party within 21
calendar days after the start of the occurrence or event giving rise to the Claim and stating the general
nature of the Claim.
12.1.2 Every Claim of Consultant, whether for additional compensation, additional time or other relief,
shall be signed and sworn to by a person authorized to bind the Consultant by his/her signature, verifying
the truth and accuracy of the Claim.
12.1.3 The responsibility to substantiate a claim rests with the party making the Claim.
12.1.4 Within 30 calendar days of receipt of notice and supporting documentation, City will meet to
discuss the request, after which an offer of settlement or a notification of no settlement offer will be sent
to Consultant. If Consultant is not satisfied with the proposal presented, Consultant will have 30 calendar
days in which to (i) submit additional supporting data requested by the City, (ii) modify the initial request
for remedy or (iii) request Alternative Dispute Resolution.
12.1.5 Pending final resolution of a claim, except as otherwise agreed in writing, Consultant shall
proceed diligently with performance of the Agreement and City shall continue to make payments in
accordance with this Agreement.
12.2 Alternative Dispute Resolution
12.2.1 All negotiations pursuant to this clause are confidential and shall be treated as compromise and
settlement negotiations for purposes of applicable rules of evidence.
12.2.2 Before invoking mediation, the Parties agree that they shall first try to resolve any dispute arising
out of or related to this Agreement through discussions directly between those senior management
representatives within their respective organizations who have overall managerial responsibility for
similar projects. This step shall be a condition precedent to the use of mediation. If the parties’ senior
management representatives cannot resolve the dispute within 30 calendar days after a Party delivers a
written notice of such dispute, then the Parties shall proceed with the mediation process contained herein.
12.2.3 Mediation
12.2.3.1 In the event that City or Consultant shall contend that the other has committed a material
breach of this Agreement, the Party alleging such breach shall, as a condition precedent to filing
any lawsuit, request mediation of the dispute.
12.2.3.2 Request for mediation shall be in writing, and shall request that the mediation commence
no less than 30 or more than 90 calendar days following the date of the request, except upon
agreement of both parties.
Page 8 Rev. 21-3
12.2.3.3 In the event City and Consultantare unable to agree to a date for the mediationor to
the identity of the mediator or mediators within 30 calendar days of the request for mediation, all
conditions precedent in this Article shall be deemed to have occurred.
12.2.3.4 The parties shall share the mediator’s fee. Venue for any mediation or lawsuit arising
under this Agreement shall be Nueces County, Texas. Any agreement reached in mediation shall
be enforceable as a settlement agreement in any court having jurisdiction thereof. No provision
of this Agreement shall waive any immunity or defense. No provision of this Agreement is a
consent to suit.
12.3 In case of litigation between the parties, Consultant and City agree that neither party shall be responsible
for payment of attorney’s fees pursuant to any law or other provision for payment of attorneys’ fees. Both
Parties expressly waive any claim to attorney’s fees should litigation result from any dispute in this
Agreement.
12.4 In case of litigation between the parties, Consultant and City agree that they have knowingly waived and
do hereby waive the right to trial by jury and have instead agreed, in the event of any litigation arising out
of or connected to this Agreement, to proceed with a trial before the court, unless both parties
subsequently agree otherwise in writing.
12.5 No Waiver of Governmental Immunity. This Agreement is to perform a governmental function
solely for the public benefit. Nothing in this Agreement shall be construed to waive City’s
governmental immunity from lawsuit, which immunity is expressly retained to the extent
it is not clearly and unambiguously waived by state law.
ARTICLE XIII – MISCELLANEOUS PROVISIONS
13.1 Assignability. Neither party will assign, transfer or delegate any of its obligations or duties under this
Agreement to any other person and/or party without the prior written consent of the other party, except
for routine duties delegated to personnel of the Consultant staff. This includes subcontracts entered into
for services under this Agreement. If the Consultant is a partnership or joint venture, then in the event of
the termination of the partnership or joint venture, this contract will inure to the individual benefit of such
partner or partners as the City may designate. No part of the Consultant fee may be assigned in advance
of receipt by the Consultant without written consent of the City.
The City will not pay the fees of expert or technical assistance and consultants unless such employment,
including the rate of compensation, has been approved in writing by the City.
13.2 Ownership of Documents. Consultant agrees that upon payment, City shall exclusively own any and all
information in whatsoever form and character produced and/or maintained in accordance with, pursuant
to or as a result of this Agreement, including contract documents (plans and specifications), drawings
and submittal data. Consultant may make a copy for its files. Any reuse, without specific written
verification or adaptation by Consultant, shall be a City’s sole risk and without liability or legal exposure
to Consultant. The City agrees that any modification of the plans will be evidenced on the plans and be
signed and sealed by a professional engineer prior to re-use of modified plans.
13.3 Standard of Care. Services provided by Consultant under this Agreement shall be performed with the
professional skill and care ordinarily provided by competent engineers or architects practicing under the
same or similar circumstances and professional license; and performed as expeditiously as is prudent
considering the ordinary professional skill and care of a competent engineer or architect.
13.4 Licensing. Consultant shall be represented by personnel with appropriate licensure, registration and/or
Page 9 Rev. 21-3
certification(s) at meetings of any official nature concerning the Project, including scope meetings, review
meetings, pre-bid meetings and preconstruction meetings.
13.5 Independent Contractor. The relationship between the City and Consultant under this Agreement shall
be that of independent contractor. City may explain to Consultant the City’s goals and objectives in
regard to the services to be performed by Consultant, but the City shall not direct Consultant on how or
in what manner these goals and objectives are to be met.
13.6 Entire Agreement. This Agreement, including Task Orders, represents the entire and integrated
Agreement between City and Consultant and supersedes all prior negotiations, representations or
agreements, either oral or written. This Agreement may be amended only by written instrument signed
by both the City and Consultant.
13.7No Third Party Beneficiaries. Nothing in this Agreement can be construed to create rights in any entity
other than the City and Consultant. Neither the City nor Consultant intends to create third party
beneficiaries by entering into this Agreement.
13.8 Disclosure of Interest. Consultant agrees to comply with City of Corpus Christi Ordinance No. 17112 and
complete the Disclosure of Interests form as part of this contract.
13.9 Certificate of Interested Parties. Consultant 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
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 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.
13.10 Conflict of Interest. Consultant 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
13.11 Provisions Required by Law. Each applicable provision and clause required by law to be inserted into
the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as
though each were physically included herein.
13.12 Public Information. The requirements of Subchapter J, Chapter 552, Government Code, may apply to
this contract and the Consultant agrees that the contract can be terminated if the Consultant knowingly
or intentionally fails to comply with a requirement of that subchapter.
13.13 Controlling Law. This Agreement is governed by the laws of the State of Texas without regard to its
conflicts of laws. Venue for legal proceedings lies exclusively in Nueces County, Texas.
13.14 Severability. If, for any reason, any one or more Articles and/or paragraphs of this Agreement are held
invalid or unenforceable, such invalidity or unenforceability shall not affect, impair or invalidate the
remaining Articles and/or paragraphs of this Agreement but shall be confined in its effect to the specific
Article, sentences, clauses or parts of this Agreement held invalid or unenforceable, and the invalidity or
unenforceability of any Article, sentence, clause or parts of this Agreement, in any one or more instance,
shall not affect or prejudice in any way the validity of this Agreement in any other instance.
13.15 Conflict Resolution Between Documents. Consultant hereby agrees and acknowledges if anything
contained in any documents prepared by Consultant and included herein is in conflict with Articles I - XII
of this Agreement (Articles) and/or an approved Task Order, the Articles and/or the Task Order shall take
Page 10 Rev. 21-3
precedence and control to resolve said conflict.
13.16 Title VI Assurance. The Consultant shall prohibit discrimination in employment based upon race, color,
religion, national origin, gender, disability or age.
Page 11 Rev. 21-3
CITY OF CORPUS CHRISTIENGINEERING, INC.
________________________________ ________________________________
Michael Rodriguez (Date) Name (Date)
Chief of Staff Title
Address
City, State, ZIP
(361) xxx-xxxx Office
email@company.com
APPROVED AS TO LEGAL FORM
________________________________
Assistant City Attorney (Date)
for City Attorney
ATTEST
_______________________________
Rebecca Huerta, City Secretary
Page 12 Rev. 21-3
EXHIBIT A
SCOPE OF SERVICES
Master Services Agreement
Consultan
Exhibit
Page 1 of 1
TBDTBDTBD
0.0%0.0%0.0%
0.0%
50.0%30.3%25.0%10.5%30.3%10.5%23.1%
100.0%
Percent
Complete
AE Contract
TBDTBDTBD
Sample form for:
Revised 02/01/17
$0.00
Payment Request
$750.00
$1,500.00$3,500.00$5,750.00$1,500.00$1,120.00$1,627.00$4,247.00$5,750.00$4,247.00$9,997.00
RemainingBalance
TBDTBDTBD
$0.00$0.00$0.00
$0.00
$500.00$500.00
$500.00
Total
Invoice
$2,500.00
$1,000.00$1,500.00$2,500.00$3,000.00
TBDTBDTBD
$0.00$0.00$0.00$0.00$0.00$0.00$0.00
$500.00
$1,000.00$1,500.00$1,500.00$1,500.00
Invoice
Previous
TBDTBDTBD
T&M).
$0.00$0.00$0.00$0.00$0.00
(
$500.00$500.00$500.00
Invoice
Current
$1,000.00$1,000.00$1,000.00$1,500.00
TBDTBDTBD
$750.00
Total
$3,500.00$8,250.00$2,000.00$1,120.00$1,627.00$4,747.00
$1,000.00$3,000.00$8,250.00$4,747.00
Contract
$12,997.00
ith time and materials
Project No. XXXX
Invoice No. 12345 w
TBDTBDTBD
$0.00$0.00$0.00$0.00
Invoice Date 01/01/2017
$250.00
COMPLETE PROJECT NAME
nclude
$1,000.00$1,250.00$1,627.00$1,627.00$1,250.00$1,627.00$2,877.00
i
equirements.
o
Amd No. 2
r
t
TBDTBDTBD
$0.00$0.00
$0.00$0.00$0.00
ontract
c
$1,000.00$1,120.00$1,120.00
$1,000.00$1,000.00$1,120.00$2,120.00
he
Amd No. 1
on t
TBDTBDTBD
$0.00$0.00
nformation on what
ased
i
$500.00
b
or
$1,000.00$2,000.00$2,500.00$6,000.00$2,000.00$2,000.00$6,000.00$2,000.00$8,000.00
f
Contract
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ample form
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Subtotal Basic ServicesAdditional Services:PermittingWarranty PhaseInspectionPlatting SurveyO & M ManualsSCADASubtotal Additional Services
Basic Services:Preliminary PhaseDesign PhaseBid PhaseConstruction PhaseSummary of Fees:Basic Services Fees Additional Services FeesTotal of Fees
Notes:IfIf
EXHIBIT
Insurance Requirements
Pre-Design,Design and General Consulting Contract
s
1.1 Consultantmust not commence work under this agreement until all required
insurance has been obtained and such insurance has been approved by the City.
Consultantmust not allow any subcontractor to commence work until all similar
insurance required of any subcontractor has been obtained.
1.2Consultantmust furnish to the Director of Engineering Services with the signed
agreementa copy of Certificates of Insurance (COI) with applicable policy
endorsements showing the following minimum coverage by an insurance company(s)
acceptable to the City’s Risk Manager. Awaiver 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 INSURANCEMINIMUM 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
PROFESSIONAL LIABILITY$1,000,000 Per Claim
(Errors and Omissions)
If claims made policy, retro date must
be prior to inception of agreement,
have 3-yearreporting period provisions
or be maintained for 3 years after
project completion.
1.3In the event of accidents of any kind related to this agreement, Consultantmust
furnish the City with copies of all reports of any accidents within 10 days of the accident.
1.4 Consultantshall obtain and maintain in full force and effect for the duration of this
Contract, and any extension hereof, at Consultant's sole expense, insurance coverage
written on an occurrence basis,with the exception of professional liability, which may be
on a per claims made 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. Consultantis
required to provide City with renewal Certificates.
1Rev 12/20
1.5Consultant isrequired to submit a copy of the replacement certificate of
insurance to City at the address provided below within 10 days of the requested
change. Consultant shall pay any costs incurred resulting from said changes. All notices
under this Article shall be given to City at the following address:
y of Corpus Christi
Cit
Attn: Engineering Services
P.O. Box 9277
Corpus Christi, TX 78469-9277
1.6Consultant agrees that with respect to the above required insurance, all
insurance policies are to contain or be endorsed to contain the following required
provisions:
1.6.1Provide thirty (30) calendar days advance written notice directly to City of
any suspension, cancellation or non-renewal of coverage, and not less
than ten (10) calendar days advance written notice for nonpayment of
premium.
1.7Within five (5) calendar days of a suspension, cancellation or non-renewal of
coverage, Consultant shall provide a replacement Certificate of Insurance and
applicable endorsements to City. City shall have the option to suspend Consultant'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.
1.8In addition to any other remedies the City may have upon Consultant'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 Consultant to remove the
exhibit hereunder, and/or withhold any payment(s) if any,which become due to
Consultant hereunder until Consultant demonstrates compliance with the requirements
hereof.
1
.9Nothing herein contained shall be construed as limiting in any way the extent to
which Consultant may be held responsible for payments of damages to persons or
property resulting from Consultant's or its subcontractor’s performance of the work
covered under this agreement.
1.10 It is agreed that Consultant's insurance shall be deemed primary and non-
contributory with respect toany insurance or self-insurance carried by the City of
Corpus Christi for liability arising out of operations under this agreement.
1.11It is understood and agreed that the insurance required is in addition to and
separate from any other obligation containedin this agreement.
2Rev 12/20
SUPPLIER NUMBER __________
TO BE ASSIGNED BY CITY
PURCHASING DIVISION
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTEREST
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”. See reverse side for Filing Requirements, Certifications and
definitions.
COMPANY NAME:
P. O. BOX:
STREET ADDRESS:CITY:ZIP:
FIRM IS:1.Corporation2.Partnership3.Sole Owner
4.Association5.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)
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
3.State the names of each “board member” of the City of Corpus Christihaving an “ownership interest”
constituting 3% or more of the ownership in the above named “firm.”
Name Board, Commission or Committee
N/A
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
EXHIBIT “”
Page 1 of 2
FILING REQUIREMENTS
If a person who requests official action on a matter knows that the requested action will confer an
economic benefit on any Cityofficial or employee that is distinguishable from the effect that the action
will have on members of the public in general or a substantial segment thereof, you shall disclose that fact
in a signed writing to the City official, employee or body that has been requested to act in the matter,
unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be
made in a signed writing filed with the City Secretary. \[Ethics Ordinance Section 2-349 (d)\]
CERTIFICATION
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:Title:
(Type or Print)
Signature of Certifying Date:
Person:
DEFINITIONS
a.“Board member.” A member of any board, commission, or committee appointed by the City
Council of the City of Corpus Christi, Texas.
b.“Economic benefit”. An action that is likely to affect an economic interest if it is likely to have an
effect on that interest that is distinguishable from its effect on members of the public in general or a
substantial segment thereof.
c.“Employee.” Any person employed by theCity of Corpus Christi, Texas either on a full or part-
time basis, but not as an independent contractor.
d.“Firm.”Any entity operated for economic gain, whether professional, industrial or commercial, and
whether established to produce or deal with a product or service, including but not limited to, entities
operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint
stock company, joint venture, receivership or trust, and entities which for purposes of taxation are
treated as non-profit organizations.
e.“Official.”The Mayor, members of the City Council, City Manager, Deputy City Manager,
Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of
Corpus Christi, Texas.
f.“Ownership Interest.”Legal or equitable interest, whether actually or constructively held, in a
firm, including when such interest is held through an agent, trust, estate, or holding entity.
“Constructively held” refers to holdings or control established through voting trusts, proxies, or
special terms of venture or partnership agreements.”
g.“Consultant.” Any person or firm, such as engineers and architects, hired by the City of Corpus
Christi for the purpose of professional consultation and recommendation.
EXHIBIT “”
Page 2 of 2
Excerpt fromFORM 00 72 00 GENERAL CONDITIONS for Construction Projects related to
design services
Table of Contents
Page
Article 1 – Definitions and Terminology ....................................................................................................... 2
Article 2 – Preliminary Matters ..................................................................................................................... 8
Article 3 – Contract Documents: Intent, Requirements, Reuse ................................................................... 8
Article 4 – Commencement and Progress of the Work ................................................................................ 9
Article 5 – Availability of Lands; Subsurface, Physical and Hazardous Environmental Conditions .............. 9
Article 6 – Bonds and Insurance ................................................................................................................. 10
Article 7 – Contractor’s Responsibilities ..................................................................................................... 10
Article 8 – Other Work at the Site ............................................................................................................... 10
Article 9 – Owner’s and OPT’s Responsibilities ........................................................................................... 10
Article 10 – OAR’s and Designer’s Status During Construction .................................................................. 11
Article 11 – Amending the Contract Documents; Changes in the Work .................................................... 13
Article 12 – Change Management .............................................................................................................. 13
Article 13 – Claims ....................................................................................................................................... 14
Article 14 – Prevailing Wage Rate Requirements ....................................................................................... 16
Article 15 – Cost of the Work; Allowances; Unit Price Work ...................................................................... 16
Article 16 – Tests and Inspections; Correction, Removal, or Acceptance of Defective Work .................... 16
Article 17 – Payments to Contractor; Set-Offs; Completion; Correction Period ........................................ 16
Article 18 – Suspension of Work and Termination ..................................................................................... 16
Article 19 – Project Management ............................................................................................................... 16
Article 20 – Project Coordination ................................................................................................................ 16
Article 21 – Quality Management ............................................................................................................... 17
Article 22 – Final Resolution of Disputes .................................................................................................... 17
Article 23 – Minority/MBE/DBE Participation Policy .................................................................................. 17
Article 24 – Document Management .......................................................................................................... 17
Article 25 – Shop Drawings ......................................................................................................................... 17
Article 26 – Record Data ............................................................................................................................. 20
Article 27 – Construction Progress Schedule .............................................................................................. 21
Article 28 – Video and Photographic documentation ................................................................................ 21
Article 29 – Execution and Closeout ........................................................................................................... 21
Article 30 – Miscellaneous .......................................................................................................................... 22
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ARTICLE 1 – DEFINITIONS AND TERMINOLOGY
1.01Defined Terms
A.Terms with initial capital letters, including the term’s singular and plural forms, have the
meanings indicated in this paragraph wherever used in the Bidding Requirements or Contract
Documents. In addition to the terms specifically defined, terms with initial capital letters in
the Contract Documents may include references to identified articles and paragraphs, and
the titles of other documents or forms.
1.Addenda - Documents issued prior to the receipt of Bids which clarify or modify the
Bidding Requirements or the proposed Contract Documents.
2.Agreement - The document executed between Owner and Contractor covering the
Work.
3.Alternative Dispute Resolution - The process by which a disputed Claim may be settled
as an alternative to litigation, if Owner and Contractor cannot reach an agreement
between themselves.
4.Application for Payment - The forms used by Contractor to request payments from
Owner and the supporting documentation required by the Contract Documents.
5.Award Date – The date the City Council of the City of Corpus Christi (City) authorizes the
City Manager or designee to execute the Contract on behalf of the City.
6.Bid - The documents submitted by a Bidder to establish the proposed Contract Price and
Contract Times and provide other information and certifications as required by the
Bidding Requirements.
7.Bidding Documents - The Bidding Requirements, the proposed Contract Documents,
and Addenda.
8.Bidder - An individual or entity that submits a Bid to Owner.
9.Bidding Requirements - The Invitation for Bids, Instructions to Bidders, Bid Security, Bid
Form and attachments, and required certifications.
10.Bid Security - The financial security in the form of a bid bond provided by Bidder at the
time the Bid is submitted and held by Owner until the Agreement is executed and the
evidence of insurance and Bonds required by the Contract Documents are provided. A
cashier’s check, certified check, money order or bank draft from any State or National
Bank will also be acceptable.
11.Bonds - Performance Bond, Payment Bond, Maintenance Bond, and other Surety
instruments executed by Surety. When in singular form, refers to individual instrument.
12.Change Order - A document issued on or after the Effective Date of the Contract and
signed by Owner and Contractor which modifies the Work, Contract Price, Contract
Times, or terms and conditions of the Contract.
13.Change Proposal - A document submitted by Contractor in accordance with the
requirements of the Contract Documents:
a.Requesting an adjustment in Contract Price or Contract Times;
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b.Contesting an initial decision concerning the requirements of the Contract
Documents or the acceptability of Work under the Contract Documents;
c.Challenging a set-off against payment due; or
d.Seeking a Modification with respect to the terms of the Contract.
14.City Engineer - The Corpus Christi City Engineer and/or his designated representative as
identified at the preconstruction conference or in the Notice to Proceed.
15.Claim - A demand or assertion by Owner or Contractor submitted in accordance with
the requirements of the Contract Documents. A demand for money or services by an
entity other than the Owner or Contractor is not a Claim.
16.Constituent of Concern - Asbestos, petroleum, radioactive materials, polychlorinated
biphenyls (PCBs), hazardous wastes, and substances, products, wastes, or other
materials that are or become listed, regulated, or addressed pursuant to:
a.The Comprehensive Environmental Response, Compensation and Liability Act, 42
U.S.C. §§9601 et seq. (“CERCLA”);
b.The Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.;
c.The Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”);
d.The Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.;
e.The Clean Water Act, 33 U.S.C. §§1251 et seq.;
f.The Clean Air Act, 42 U.S.C. §§7401 et seq.; or
g.Any other Laws or Regulations regulating, relating to, or imposing liability or
standards of conduct concerning hazardous, toxic, or dangerous waste, substance,
or material.
17.Contract - The entire integrated set of documents concerning the Work and describing
the relationship between the Owner and Contractor.
18.Contract Amendment - A document issued on or after the Effective Date of the Contract
and signed by Owner and Contractor which:
a.Authorizes new phases of the Work and establishes the Contract Price, Contract
Times, or terms and conditions of the Contract for the new phase of Work; or
b.Modifies the terms and conditions of the Contract, but does not make changes in
the Work.
19.Contract Documents - Those items designated as Contract Documents in the
Agreement.
20.Contract Price - The monetary amount stated in the Agreement and as adjusted by
Modifications, and increases or decreases in unit price quantities, if any, that Owner has
agreed to pay Contractor for completion of the Work in accordance with the Contract
Documents.
21.Contract Times - The number of days or the dates by which Contractor must:
a.Achieve specified Milestones;
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b.Achieve Substantial Completion; and
c.Complete the Work.
22.Contractor - The individual or entity with which Owner has contracted for performance
of the Work.
23.Contractor’s Team - Contractor and Subcontractors, Suppliers, individuals, or entities
directly or indirectly employed or retained by them to perform part of the Work or
anyone for whose acts they may be liable.
24.Cost of the Work - The sum of costs incurred for the proper performance of the Work
as allowed by Article 15.
25.Defective - When applied to Work, refers to Work that is unsatisfactory, faulty, or
deficient in that it:
a.Does not conform to the Contract Documents;
b.Does not meet the requirements of applicable inspections, reference standards,
tests, or approvals referred to in the Contract Documents; or
c.Has been damaged or stolen prior to OAR’s recommendation of final payment
unless responsibility for the protection of the Work has been assumed by Owner
at Substantial Completion in accordance with Paragraphs 17.12 or 17.13.
26.Designer - The individuals or entity named as Designer in the Agreement and the
subconsultants, individuals, or entities directly or indirectly employed or retained by
Designer to provide design or other technical services to the Owner. Designer has
responsibility for engineering or architectural design and technical issues related to the
Contract Documents. Designers are Licensed Professional Engineers, Registered
Architects or Registered Landscape Architects qualified to practice their profession in
the State of Texas.
27.Drawings - The part of the Contract that graphically shows the scope, extent, and
character of the Work. Shop Drawings and other Contractor documents are not
Drawings.
28.Effective Date of the Contract - The date indicated in the Agreement on which the City
Manager or designee has signed the Contract.
29.Field Order - A document issued by OAR or Designer requiring changes in the Work that
do not change the Contract Price or the Contract Times.
30.Hazardous Environmental Condition - The presence of Constituents of Concern at the
Site in quantities or circumstances that may present a danger to persons or property
exposed to Constituents of Concern. The presence of Constituents of Concern at the
Site necessary for the execution of the Work or to be incorporated in the Work is not a
Hazardous Environmental Condition provided these Constituents of Concern are
controlled and contained pursuant to industry practices, Laws and Regulations, and the
requirements of the Contract.
31.Indemnified Costs - All costs, losses, damages, and legal or other dispute resolution costs
resulting from claims or demands against Owner’s Indemnitees. These costs include
fees for engineers, architects, attorneys, and other professionals.
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32.Laws and Regulations; Laws or Regulations - Applicable laws, statutes, rules, regulations,
ordinances, codes, and orders of governmental bodies, agencies, authorities, and courts
having jurisdiction over the Project.
33.Liens - Charges, security interests, or encumbrances upon Contract related funds, real
property, or personal property.
34.Milestone - A principal event in the performance of the Work that Contractor is required
by Contract to complete by a specified date or within a specified period of time.
35.Modification - Change made to the Contract Documents by one of the following
methods:
a.Contract Amendment;
b.Change Order;
c.Field Order; or
d.Work Change Directive.
36.Notice of Award - The notice of Owner’s intent to enter into a contract with the Selected
Bidder.
37.Notice to Proceed - A notice to Contractor of the Contract Times and the date Work is
to begin.
38.Owner - The City of Corpus Christi (City), a Texas home-rule municipal corporation and
political subdivision organized under the laws of the State of Texas, acting by and
through its duly authorized City Manager and his designee, the City Engineer (the
Director of Engineering Services), and the City’s officers, employees, agents, or
representatives, authorized to administer design and construction of the Project.
39.Owner’s Authorized Representative or OAR - The individual or entity named as OAR in
the Agreement and the consultants, subconsultants, individuals, or entities directly or
indirectly employed or retained by them to provide construction management services
to the Owner. The OAR may be an employee of the Owner.
40.Owner’s Indemnitees - Each member of the OPT and their officers, directors, members,
partners, employees, agents, consultants, and subcontractors.
41.Owner’s Project Team or OPT - The Owner, Owner’s Authorized Representative,
Resident Project Representative, Designer, and the consultants, subconsultants,
individuals, or entities directly or indirectly employed or retained by them to provide
services to the Owner.
42.Partial Occupancy or Use - Use by Owner of a substantially completed part of the Work
for the purpose for which it is intended (or a related purpose) prior to Substantial
Completion of all the Work.
43.Progress Schedule - A schedule prepared and maintained by Contractor, describing the
sequence and duration of the activities comprising the Contractor’s plan to accomplish
the Work within the Contract Times. The Progress Schedule must be a Critical Path
Method (CPM) Schedule.
44.Project - The total undertaking to be accomplished for Owner under the Contract
Documents.
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45.Resident Project Representative or RPR - The authorized representative of OPT assigned
to assist OAR at the Site. As used herein, the term Resident Project Representative
includes assistants and field staff of the OAR.
46.Samples - Physical examples of materials, equipment, or workmanship representing
some portion of the Work that are used to establish the standards for that portion of
the Work.
47.Schedule of Documents - A schedule of required documents, prepared, and maintained
by Contractor.
48.Schedule of Values - A schedule, prepared and maintained by Contractor, allocating
portions of the Contract Price to various portions of the Work and used as the basis for
Contractor’s Applications for Payment.
49.Selected Bidder - The Bidder to which Owner intends to award the Contract.
50.Shop Drawings - All drawings, diagrams, illustrations, schedules, and other data or
information that are specifically prepared or assembled and submitted by Contractor to
illustrate some portion of the Work. Shop Drawings, whether approved or not, are not
Drawings and are not Contract Documents.
51.Site - Lands or areas indicated in the Contract Documents as being furnished by Owner
upon which the Work is to be performed. The Site includes rights-of-way, easements,
and other lands furnished by Owner which are designated for use by the Contractor.
52.Specifications - The part of the Contract that describes the requirements for materials,
equipment, systems, standards, and workmanship as applied to the Work, and certain
administrative requirements and procedural matters applicable to the Work.
53.Subcontractor - An individual or entity having a direct contract with Contractor or with
other Subcontractors or Suppliers for the performance of a part of the Work.
54.Substantial Completion - The point where the Work or a specified part of the Work is
sufficiently complete to be used for its intended purpose in accordance with the
Contract Documents.
55.Supplementary Conditions - The part of the Contract that amends or supplements the
General Conditions.
56.Supplier - A manufacturer, fabricator, supplier, distributor, materialman, or vendor
having a direct contract with Contractor or with Subcontractors or other Suppliers to
furnish materials or equipment to be incorporated in the Work.
57.Technical Data - Those items expressly identified as Technical Data in the Supplementary
Conditions with respect to either:
a.Subsurface conditions at the Site;
b.Physical conditions relating to existing surface or subsurface structures at the Site,
except Underground Facilities; or
c.Hazardous Environmental Conditions at the Site.
58.Underground Facilities - All underground pipelines, conduits, ducts, cables, wires,
manholes, vaults, tanks, tunnels, other similar facilities or appurtenances, and
encasements containing these facilities which are used to convey electricity, gases,
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steam, liquid petroleum products, telephone or other communications, fiber optic
transmissions, cable television, water, wastewater, storm water, other liquids or
chemicals, or traffic or other control systems.
59.Unit Price Work - Work to be paid for on the basis of unit prices.
60.Work - The construction of the Project or its component parts as required by the
Contract Documents.
61.Work Change Directive - A directive issued to Contractor on or after the Effective Date
of the Contract ordering an addition, deletion, or revision in the Work. The Work
Change Directive serves as a memorandum of understanding regarding the directive
until a Change Order can be issued.
1.02Terminology
A.The words and terms discussed in this Paragraph 1.02 are not defined, but when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B.It is understood that the cost for performing Work is included in the Contract Price and no
additional compensation is to be paid by Owner unless specifically stated otherwise in the
Contract Documents. Expressions including or similar to “at no additional cost to Owner,”
“at Contractor’s expense,” or similar words mean that the Contractor is to perform or provide
specified operation of Work without an increase in the Contract Price.
C.The terms “day” or “calendar day” mean a calendar day of 24 hours measured from midnight
to the next midnight.
D.The meaning and intent of certain terms or adjectives are described as follows:
1.The terms “as allowed,” “as approved,” “as ordered,” “as directed,” or similar terms in
the Contract Documents indicate an exercise of professional judgment by the OPT.
2.Adjectives including or similar to “reasonable,” “suitable,” “acceptable,” “proper,”
“satisfactory,” or similar adjectives are used to describe a determination of OPT
regarding the Work.
3.Any exercise of professional judgment by the OPT will be made solely to evaluate the
Work for general compliance with the Contract Documents unless there is a specific
statement in the Contract Documents indicating otherwise.
4.The use of these or similar terms or adjectives does not assign a duty or give OPT
authority to supervise or direct the performance of the Work, or assign a duty or give
authority to the OPT to undertake responsibilities contrary to the provisions of Articles
9 or 10 or other provisions of the Contract Documents.
E.The use of the words “furnish,” “install,” “perform,” and “provide” have the following
meanings when used in connection with services, materials, or equipment:
1.Furnish means to supply and deliver the specified services, materials, or equipment to
the Site or other specified location ready for use or installation.
2.Install means to complete construction or assembly of the specified services, materials,
or equipment so they are ready for their intended use.
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3.Perform or provide means to furnish and install specified services, materials, or
equipment, complete and ready for their intended use.
4.Perform or provide the specified services, materials, or equipment complete and ready
for intended use if the Contract Documents require specific services, materials, or
equipment, but do not expressly use the words “furnish,” “install,” “perform,” or
“provide.”
F.Contract Documents are written in modified brief style:
1.Requirements apply to all Work of the same kind, class, and type even though the word
“all” is not stated.
2.Simple imperative sentence structure is used which places a verb as the first word in the
sentence. It is understood that the words “furnish,” “install,” “perform,” “provide,” or
similar words include the meaning of the phrase “The Contractor shall...” before these
words.
3.Unless specifically stated that action is to be taken by the OPT or others, it is understood
that the action described is a requirement of the Contractor.
G.Words or phrases that have a well-known technical or construction industry or trade
meaning are used in the Contract Documents in accordance with this recognized meaning
unless stated otherwise in the Contract Documents.
H.Written documents are required where reference is made to notices, reports, approvals,
consents, documents, statements, instructions, opinions or other types of communications
required by the Contract Documents. Approval and consent documents must be received by
Contractor prior to the action or decision for which approval or consent is given. These may
be made in printed or electronic format through the OPT’s project management information
system or other electronic media as required by the Contract Documents or approved by the
OAR.
I.Giving notice as required by the Contract Documents may be by printed or electronic media
using a method that requires acknowledgment of the receipt of that notice.
ARTICLE 2 – PRELIMINARY MATTERS
ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE
3.01Intent
B.Provide equipment that is functionally complete as described in the Contract Documents.
The Drawings and Specifications do not indicate or describe all of the Work required to
complete the installation of products purchased by the Owner or Contractor. Additional
details required for the correct installation of selected products are to be provided by the
Contractor and coordinated with the Designer through the OAR.
3.02Reference Standards
Comply with applicable construction industry standards, whether referenced or not.
1.Standards referenced in the Contract Documents govern over standards not referenced
but recognized as applicable in the construction industry.
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2.Comply with the requirements of the Contract Documents if they produce a higher
quality of Work than the applicable construction industry standards.
3.Designer determines whether a code or standard is applicable, which of several are
applicable, or if the Contract Documents produce a higher quality of Work.
3.03Reporting and Resolving Discrepancies
3.04Interpretation of the Contract Documents
Submit questions regarding the design of the Project described in the Contract Documents
to the OAR immediately after those questions arise. OAR is to request an interpretation of
the Contract Documents from the Designer. Designer is to respond to these questions by
providing an interpretation of the Contract Documents. OARwill coordinate the response of
the OPT to Contractor.
C.OPT may initiate a Modification to the Contract Documents through the OAR if a response to
the question indicates that a change in the Contract Documents is required. Contractor may
appeal Designer’s or OAR’s interpretation by submitting a Change Proposal.
ARTICLE 4 – COMMENCEMENT AND PROGRESS OF THE WORK
ARTICLE 5 – AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS
5.01Availability of Lands
5.02Use of Site and Other Areas
5.03Subsurface and Physical Conditions
5.04Differing Subsurface or Physical Conditions
OAR is to notify the OPT after receiving notice of a differing subsurface or physical condition
from the Contractor. Designer is to:
1.Promptly review the subsurface or physical condition;
2.Determine the necessity of OPT’s obtaining additional exploration or tests with respect
the subsurface or physical condition;
3.Determine if the subsurface or physical condition falls within one or more of the
differing Site condition categories in Paragraph 5.04.A;
4.Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with the subsurface or physical condition in question;
5.Determine the need for changes in the Drawings or Specifications; and
6.Advise OPT of Designer’s findings, conclusions, and recommendations.
C.OAR is to issue a statement to Contractor regarding the subsurface or physical condition in
question and recommend action as appropriate after review of Designer’s findings,
conclusions, and recommendations.
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5.05Underground Facilities
The Designer is to take the following action after receiving notice from the OAR:
1.Promptly review the Underground Facility and conclude whether the Underground
Facility was not shown or indicated in the Contract Documents, or was not shown or
indicated with reasonable accuracy;
2.Prepare recommendations to OPT regarding the Contractor’s resumption of Work in
connection with this Underground Facility;
3.Determine the extent to which a change is required in the Drawings or Specifications to
document the consequences of the existence or location of the Underground Facility;
and
4.Advise OAR of Designer’s findings, conclusions, and recommendations and provide
revised Drawings and Specifications if required.
D.OAR is to issue a statement to Contractor regarding the Underground Facility in question and
recommend action as appropriate after review of Designer’s findings, conclusions, and
recommendations.
ARTICLE 6 – BONDS AND INSURANCE
ARTICLE 7 – CONTRACTOR’S RESPONSIBILITIES
ARTICLE 8 – OTHER WORK AT THE SITE
ARTICLE 9 – OWNER’S AND OPT’S RESPONSIBILITIES
9.01Communications to Contractor
A.OPT issues communications to Contractor through OAR except as otherwise provided in the
Contract Documents.
9.02Replacement of Owner’s Project Team Members
A.Owner may replace members of the OPT at its discretion.
9.03Furnish Data
A.OPT is to furnish the data required of OPT under the Contract Documents.
9.04Pay When Due
9.05Lands and Easements; Reports and Tests
A.Owner’s duties with respect to providing lands and easements are described in Paragraph
5.01. OPT will make copies of reports of explorations and tests of subsurface conditions and
drawings of physical conditions relating to existing surface or subsurface structures at the
Site available to Contractor in accordance with Paragraph 5.03.
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9.06Insurance
9.07Modifications
9.08Inspections, Tests, and Approvals
A.OPT’s responsibility with respect to certain inspections, tests, and approvals are described in
Paragraph 16.02.
9.09Limitations on OPT’s Responsibilities
A.The OPT does not supervise, direct, or have control or authority over, and is not responsible
for Contractor’s means, methods, techniques, sequences, or procedures of construction, or
related safety precautions and programs, or for failure of Contractor to comply with Laws
and Regulations applicable to the performance of the Work. OPT is not responsible for
Contractor’s failure to perform the Work in accordance with the Contract Documents.
9.10Undisclosed Hazardous Environmental Condition
A.OPT’s responsibility for undisclosed Hazardous Environmental Conditions is described in
Paragraph 5.06.
9.11Compliance with Safety Program
A.Contractor is to inform the OPT of its safety programs and OPT is to comply with the specific
applicable requirements of this program.
ARTICLE 10 – OAR’S AND DESIGNER’S STATUS DURING CONSTRUCTION
10.01Owner’s Representative
A.OAR is Owner’s representative. The duties and responsibilities and the limitations of
authority of OAR as Owner’s representative are described in the Contract Documents.
10.02Visits to Site
A.Designer is to make periodic visits to the Site to observe the progress and quality of the Work.
Designer is to determine, in general, if the Work is proceeding in accordance with the
Contract Documents based on observations made during these visits. Designer is not
required to make exhaustive or continuous inspections to check the quality or quantity of
the Work. Designer is to inform the OPT of issues or concerns and OAR is to work with
Contractor to address these issues or concerns. Designer’s visits and observations are
subject to the limitations on Designer’s authority and responsibility described in Paragraphs
9.09 and 10.07.
B.OAR is to observe the Work to check the quality and quantity of Work, implement Owner’s
quality assurance program, and administer the Contract as Owner’s representative as
described in the Contract Documents. OAR’s visits and observations are subject to the
limitations on OAR’s authority and responsibility described in Paragraphs 9.09 and 10.07.
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10.03Resident Project Representatives
A.Resident Project Representatives assist OAR in observing the progress and quality of the
Work at the Site. The limitations on Resident Project Representatives’ authority and
responsibility are described in Paragraphs 9.09 and 10.07.
10.04Rejecting Defective Work
A.OPT has the authority to reject Work in accordance with Article 16. OAR is to issue a
Defective Work Notice to Contractor and document when Defective Work has been
corrected or accepted in accordance with Article 16.
10.05Shop Drawings, Modifications and Payments
A.Designer’s authority related to Shop Drawings and Samples are described in the Contract
Documents.
B.Designer’s authority related to design calculations and design drawings submitted in
response to a delegation of professional design services are described in Paragraph 7.15.
C.OAR and Designer’s authority related to Modifications is described in Article 11.
D.OAR’s authority related to Applications for Payment is described in Articles 15 and 17.
10.06Decisions on Requirements of Contract Documents and Acceptability of Work
A.OAR is to render decisions regarding non-technical or contractual / administrative
requirements of the Contract Documents and will coordinate the response of the OPT to
Contractor.
B.Designer is to render decisions regarding the conformance of the Work to the requirements
of the Contract Documents. Designer will render a decision to either correct the Defective
Work, or accept the Work under the provisions of Paragraph 16.04, if Work does not conform
to the Contract Documents. OAR will coordinate the response of the OPT to Contractor.
C.OAR will issue a Request for a Change Proposal if a Modification is required. OAR will provide
documentation for changes related to the non-technical or contractual / administrative
requirements of the Contract Documents. Designer will provide documentation if design
related changes are required.
D.Contractor may appeal Designer’s decision by submitting a Change Proposal if Contractor
does not agree with the Designer’s decision.
10.07Limitations on OAR’s and Designer’s Authority and Responsibilities
A.OPT is not responsible for the acts or omissions of Contractor’s Team. No actions or failure
to act, or decisions made in good faith to exercise or not exercise the authority or
responsibility available under the Contract Documents creates a duty in contract, tort, or
otherwise of the OPT to the Contractor or members of the Contractor’s Team.
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ARTICLE 11 – AMENDING THE CONTRACT DOCUMENTS; CHANGES IN THE WORK
ARTICLE 12 – CHANGE MANAGEMENT
12.01Requests for Change Proposal
A.Designer will initiate Modifications by issuing a Request for a Change Proposal (RCP).
1.Designer will prepare a description of proposed Modifications.
2.Designer will issue the Request for a Change Proposal form to Contractor. A number
will be assigned to the Request for a Change Proposal when issued.
3.Return a Change Proposal in accordance with Paragraph 12.02 to the Designer for
evaluation by the OPT.
12.02Change Proposals
A.Submit a Change Proposal (CP) to the Designer for Contractor initiated changes in the
Contract Documents or in response to a Request for Change Proposal.
1.Use the Change Proposal form provided.
2.Assign a number to the Change Proposal when issued.
3.Include with the Change Proposal:
a.A complete description of the proposed Modification if Contractor initiated or
proposed changes to the OPT’s description of the proposed Modification.
b.The reason the Modification is requested, if not in response to a Request for a
Change Proposal.
c.A detailed breakdown of the cost of the change if the Modification requires a
change in Contract Price. The itemized breakdown is to include:
1)List of materials and equipment to be installed;
2)Man hours for labor by classification;
3)Equipment used in construction;
4)Consumable supplies, fuels, and materials;
5)Royalties and patent fees;
6)Bonds and insurance;
7)Overhead and profit;
8)Field office costs;
9)Home office cost; and
10)Other items of cost.
d.Provide the level of detail outlined in the paragraph above for each Subcontractor
or Supplier actually performing the Work if Work is to be provided by a
Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work
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provided through Subcontractors and Suppliers. Provide the level of detail outline
in the paragraph above for self-performed Work.
e.Submit Change Proposals that comply with Article 15 for Cost of Work.
f.Provide a revised schedule. Show the effect of the change on the Project Schedule
and the Contract Times.
B.Submit a Change Proposal to the Designer to request a Field Order.
C.A Change Proposal is required for all substitutions or deviations from the Contract
Documents.
D.Request changes to products in accordance with Article 25.
12.03 Designer Will Evaluate Request for Modification
A.Designer will issue a Modification per Article 11 if the Change Proposal is acceptable to the
Owner. Designer will issue a Change Order or Contract Amendment for any changes in
Contract Price or Contract Times.
1.Change Orders and Contract Amendments will be sent to the Contractor for execution
with a copy to the Owner recommending approval. A Work Change Directive may be
issued if Work needs to progress before the Change Order or Contract Amendment can
be authorized by the Owner.
2.Work Change Directives, Change Orders, and Contract Amendments can only be
approved by the Owner.
a.Work performed on the Change Proposal prior to receiving a Work Change
Directive or approval of the Change Order or Contract Amendment is performed at
the Contractor’s risk.
b.No payment will be made for Work on Change Orders or Contract Amendments
until approved by the Owner.
B.The Contractor may be informed that the Request for a Change Proposal is not approved and
construction is to proceed in accordance with the Contract Documents.
ARTICLE 13 – CLAIMS
13.01Claims
13.02Claims Process
A.Claims must be initiated by written notice. Notice must conspicuously state that it is a notice
of a Claim in the subject line or first sentence. Notice must also list the date of first occurrence
of the claimed event.
B.Claims by Contractor must be in writing and delivered to the Owner, Designer and the OAR
within 7 days:
1.After the start of the event giving rise to the Claim; or
2.After a final decision on a Change Proposal has been made.
EXHIBIT F
Page 14 of 22
C.Claims by Contractor that are not received within the time period provided by section
13.02(B) are waived. Owner may choose to deny such Claims without a formal review. Any
Claims by Contractor that are not brought within 90 days following the termination of the
Contract are waived and shall be automatically deemed denied.
D.Claims by Owner must be submitted by written notice to Contractor.
E.The responsibility to substantiate a Claim rests with the entity making the Claim. Claims must
contain sufficient detail to allow the other party to fully review the Claim.
1.Claims seeking an adjustment of Contract Price must include the Contractor’s job cost
report. Provide additional documentation as requested by OAR.
2.Claims seeking an adjustment of Contract Time must include native schedule files in
Primavera or MS Project digital format. Provide additional documentation as
requested by OAR.
F.Contractor must certify that the Claim is made in good faith, that the supporting data is
accurate and complete, and that to the best of Contractor’s knowledge and belief, the relief
requested accurately reflects the full compensation to which Contractor is entitled.
G.Claims by Contractor against Owner and Claims by Owner against Contractor, including those
alleging an error or omission by Designer but excluding those arising under Section 7.12, shall
be referred initially to Designer for consideration and recommendation to Owner.
H.Designer may review a Claim by Contractor within 30 days of receipt of the Claim and take
one or more of the following actions:
1.Request additional supporting data from the party who made the Claim;
2.Issue a recommendation;
3.Suggest a compromise; or
4.Advise the parties that Designer is not able to make a recommendation due to
insufficient information or a conflict of interest.
I.If the Designer does not take any action, the claim shall be deemed denied.
J.The Contractor and the Owner shall seek to resolve the Claim through the exchange of
information and direct negotiations. If no agreement is reached within 90 days, the Claim
shall be deemed denied. The Owner and Contractor may extend the time for resolving the
Claim by mutual agreement. Notify OAR of any actions taken on a Claim.
K.Owner and Contractor may mutually agree to mediate the underlying dispute at any time
after a recommendation is issued by the Designer.
EXHIBIT F
Page 15 of 22
ARTICLE 14 – PREVAILING WAGE RATE REQUIREMENTS
ARTICLE 15 – COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK
ARTICLE 16 – TESTS AND INSPECTIONS; CORRECTION, REMOVAL, OR ACCEPTANCE OF DEFECTIVE WORK
ARTICLE 17 – PAYMENTS TO CONTRACTOR; SET-OFFS; COMPLETION; CORRECTION PERIOD
ARTICLE 18 – SUSPENSION OF WORK AND TERMINATION
ARTICLE 19 – PROJECT MANAGEMENT
ARTICLE 20 – PROJECT COORDINATION
20.01Work Included
20.02Document Submittal
20.03Communication During Project
A.The OAR is to be the first point of contact for all parties on matters concerning this Project.
B.The Designer will coordinate correspondence concerning:
1.Documents, including Applications for Payment.
2.Clarification and interpretation of the Contract Documents.
3.Contract Modifications.
4.Observation of Work and testing.
5.Claims.
20.04Requests for Information
A.Submit Request for Information (RFI) to the Designer to obtain additional information or
clarification of the Contract Documents.
1.Submit a separate RFI for each item on the form provided.
2.Attach adequate information to permit a written response without further clarification.
Designer will return requests that do not have adequate information to the Contractor
for additional information. Contractor is responsible for all delays resulting from
multiple document submittals due to inadequate information.
3.A response will be made when adequate information is provided. Response will be
made on the RFI form or in attached information.
B.Response to an RFI is given to provide additional information, interpretation, or clarification
of the requirements of the Contract Documents, and does not modify the Contract
Documents.
C.Designer will initiate a Request for a Change Proposal (RCP) per Article 12 if the RFI indicates
that a Contract Modification is required.
EXHIBIT F
Page 16 of 22
ARTICLE 21 – QUALITY MANAGEMENT
ARTICLE 22 – FINAL RESOLUTION OF DISPUTES
ARTICLE 23 – MINORITY/MBE/DBE PARTICIPATION POLICY
ARTICLE 24 – DOCUMENT MANAGEMENT
ARTICLE 25 – SHOP DRAWINGS
25.01Work Included
A.Shop Drawings are required for those products that cannot adequately be described in the
Contract Documents to allow fabrication, erection, or installation of the product without
additional detailed information from the Supplier.
B.Submit Shop Drawings as required by the Contract Documents and as reasonably requested
by the OPT to:
1.Record the products incorporated into the Project for the Owner;
2.Provide detailed information for the products proposed for the Project regarding their
fabrication, installation, commissioning, and testing; and
3.Allow the Designer to advise the Owner if products proposed for the Project by the
Contractor conform, in general, to the design concepts of the Contract Documents.
25.02Quality Assurance
25.03Contractor’s Responsibilities
25.04Shop Drawing Requirements
A.Provide adequate information in Shop Drawings and Samples so Designer can:
1.Assist the Owner in selecting colors, textures, or other aesthetic features.
2.Compare the proposed features of the product with the specified features and advise
Owner that the product does, in general, conform to the Contract Documents.
3.Compare the performance features of the proposed product with those specified and
advise the Owner that the product does, in general, conform to the performance criteria
specified in the Contract Documents.
4.Review required certifications, guarantees, warranties, and service agreements for
compliance with the Contract Documents.
EXHIBIT F
Page 17 of 22
25.05Special Certifications and Reports
25.06Warranties and Guarantees
25.07Shop Drawing Submittal Procedures
25.08Sample and Mockup Submittal Procedures
25.09Requests for Deviation
25.10 Designer Responsibilities
A.Shop Drawings will be received by the Designer. Designer will log the documents and review
per thisArticlefor general conformance with the Contract Documents.
1.Designer’s review and approval will be only to determine if the products described in
the Shop Drawing or Sample will, after installation or incorporation into the Work,
conform to the information given in the Contract Documents and be compatible with
the design concept of the completed Project as a functioning whole as indicated by the
Contract Documents.
2.Designer’s review and approval will not extend to means, methods, techniques,
sequences, or procedures of construction or to safety precautions or programs incident
thereto.
3.Designer’s review and approval of a separate item as such will not indicate approval of
the assembly in which the item functions.
B.Comments will be made on items called to the attention of the Designer for review and
comment. Any marks made by the Designer do not constitute a blanket review of the
document submittal or relieve the Contractor from responsibility for errors or deviations
from the Contract requirements.
1.Designer will respond to Contractor’s markups by either making markups directly in the
Shop Drawings file using the color green or by attaching a Document Review Comments
form with review comments.
2.Shop Drawings that are reviewed will be returned with one or more of the following
status designations:
a.Approved: Shop Drawing is found to be acceptable as submitted.
b.Approved as Noted: Shop Drawing is Approved so long as corrections or notations
made by Designer are incorporated into the Show Drawing.
c.Not Approved: Shop Drawing or products described are not acceptable.
3.Shop Drawing will also be designated for one of the following actions:
a.Final distribution: Shop Drawing is acceptable without further action and has been
filed as a record document.
b.Shop Drawing not required: A Shop Drawing was not required by the Contract
Documents. Resubmit the document per Article 26.
EXHIBIT F
Page 18 of 22
c.Cancelled: This action indicates that for some reason, the Shop Drawing is to be
removed from consideration and all efforts regarding the processing of that
document are to cease.
d.Revise and resubmit: Shop Drawing has deviations from the Contract Documents,
significant errors, or is inadequate and must be revised and resubmitted for
subsequent review.
e.Resubmit with corrections made: Shop Drawing is “Approved as Noted,” but has
significant markups. Make correction and notations to provide a revised document
with markup incorporated into the original document so that no markups are
required.
f.Returned without review due to excessive deficiencies: Document does not meet
the requirement of the Specifications for presentation or content to the point
where continuing to review the document would be counterproductive to the
review process or clearly does not meet the requirements of the Contract
Documents. Revise the Shop Drawing to comply with the requirements of this
Section and resubmit.
g.Actions a through c will close out the Shop Drawing review process and no further
action is required as a Shop Drawing. Actions d through f require follow up action
to close out the review process.
4.Drawings with a significant or substantial number of markings by the Contractor may be
marked “Approved as Noted” and “Resubmit with corrections made.” These drawings
are to be revised to provide a clean record of the Shop Drawing. Proceed with ordering
products as the documents are revised.
5.Dimensions or other data that does not appear to conform to the Contract Documents
will be marked as “At Variance With” (AVW) the Contract Documents or other
information provided. The Contractor is to make revisions as appropriate to comply
with the Contract Documents.
C.Bring deviations to the Shop Drawings to the attention of the Designer for approval by using
the Shop Drawing Deviation Request form. Use a single line for each requested deviation so
the Status and Action for each deviation can be determined for that requested deviation. If
approval or rejection of a requested deviation will impact other requested deviations, then
all related deviations should be included in that requested deviation line so the status and
action can be determined on the requested deviation as a whole.
D.Requested deviations will be reviewed as possible Modification to the Contract Documents.
1.A Requested deviation will be rejected as “Not Approved” if the requested deviation is
unacceptable. Contractor is to revise and resubmit the Shop Drawing with corrections
for approval.
2.A Field Order will be issued by the Designer for deviations approved by the Designer if
the requested deviation is acceptable and if the requested deviation will not result in a
change in Contract Price or Contract Times. Requested deviations from the Contract
Documents may only be approved by Field Order.
3.A requested deviation will be rejected if the requested deviation is acceptable but the
requested deviation will or should result in a change in Contract Price or Contract Times.
EXHIBIT F
Page 19 of 22
Submit any requested deviation that requires a change in Contract Price or Contract
Times as a Change Proposal for approval prior to resubmitting the Shop Drawing.
E.Contractor is to resubmit the Shop Drawing until it is acceptable and marked Approved or
Approved as Noted and is assigned an action per Paragraph 25.10.B that indicates that the
Shop Drawing process is closed.
F.Information that is submitted as a Shop Drawings that should be submitted as Record Data
or other type of document, or is not required may be returned without review, or may be
deleted. No further action is required and the Shop Drawing process for this document will
be closed.
ARTICLE 26 – RECORD DATA
26.01Work Included
26.02Quality Assurance
26.03Contractor’s Responsibilities
26.04Record Data Requirements
26.05Special Certifications and Reports
26.06Warranties and Guarantees
26.07Record Data Submittal Procedures
26.08 Designer’s Responsibilities
A.Record Data will be received by the Designer, logged, and provided to Owner as the Project
record.
1.Record Data may be reviewed to see that the information provided is adequate for the
purpose intended. Record Data not meeting the requirements of Paragraph 26.02 may
be rejected as unacceptable.
2.Record Data is not reviewed for compliance with the Contract Documents. Comments
may be returned if deviations from the Contract Documents are noted during the
cursory review performed to see that the information is adequate.
3.Contractor’s responsibility for full compliance with the Contract Documents is not
relieved by the review of Record Data. Contract modifications can only be approved by
a Modification.
B.Designer may take the following action in processing Record Data:
1.File Record Data as received if the cursory review indicates that the document meets
the requirements of Paragraph 26.02. Document will be given the status of “Filed as
Received” and no further action is required on that Record Data.
2.Reject the Record Data for one of the following reasons:
a.The document submittal requirements of the Contract Documents indicate that the
document submitted as Record Data should have been submitted as a Shop
EXHIBIT F
Page 20 of 22
Drawing. The Record Data will be marked “Rejected” and “Submit Shop Drawing.”
No further action is required on this document as Record Data and the Record Data
process will be closed. Resubmit the document as a Shop Drawing per Article 25.
b.The cursory review indicates that the document does not meet the requirements
of Paragraph 26.02. The Record Data will be marked “Rejected” and “Revise and
Resubmit.” Contractor is to resubmit the Record Data until it is acceptable and
marked “Filed as Received.” When Record Data is filed, no further action is
required and the Record Data process will be closed.
c.The Record Data is not required by the Contract Documents nor is the Record Data
applicable to the Project. The Record Data will be marked “Rejected” and “Cancel
-Not Required.” No further action is required and the Record Data process will be
closed.
C.Contractor is to resubmit the Record Data until it is acceptable and marked “Filed as
Received.”
ARTICLE 27 – CONSTRUCTION PROGRESS SCHEDULE
ARTICLE 28 – VIDEO AND PHOTOGRAPHIC DOCUMENTATION
ARTICLE 29 – EXECUTION AND CLOSEOUT
29.01Substantial Completion
A.Notify the Designer that the Work or a designated portion of the Work is substantially
complete per the General Conditions. Include a list of the items remaining to be completed
or corrected before the Project will be considered to be complete.
B.OPT will visit the Site to observe the Work within a reasonable time after notification is
received to determine the status of the Project.
C.Designer will notify the Contractor that the Work is either substantially complete or that
additional Work must be performed before the Project will be considered substantially
complete.
1.Designer will notify the Contractor of items that must be completed before the Project
will be considered substantially complete.
2.Correct the noted deficiencies in the Work.
3.Notify the Designer when the items of Work in the Designer’s notice have been
completed.
4.OPT will revisit the Site and repeat the process.
5.Designer will issue a Certificate of Substantial Completion to the Contractor when the
OPT considers the Project to be substantially complete. The Certificate will include a
tentative list of items to be corrected before Final Payment will be recommended.
6.Review the list and notify the Designer of any objections to items on the list within 10
days after receiving the Certificate of Substantial Completion.
EXHIBIT F
Page 21 of 22
29.02Final Inspections
A.Notify the Designer when:
1.Work has been completed in compliance with the Contract Documents;
2.Equipment and systems have been tested per Contract Documents and are fully
operational;
3.Final Operations and Maintenance Manuals have been provided to the Owner and all
operator training has been completed;
4.Specified spare parts and special tools have been provided; and
5.Work is complete and ready for final inspection.
B.OPT will visit the Site to determine if the Project is complete and ready for Final Payment
within a reasonable time after the notice is received.
C.Designer will notify the Contractor that the Project is complete or will notify the Contractor
that Work is Defective.
D.Take immediate steps to correct Defective Work. Notify the Designer when Defective Work
has corrected. OPT will visit the Site to determine if the Project is complete and the Work is
acceptable. Designer will notify the Contractor that the Project is complete or will notify the
Contractor that Work is Defective.
E.Submit the Request for Final Payment with the closeout documents described in Paragraph
29.06 if notified that the Project is complete and the Work is acceptable.
ARTICLE 30 – MISCELLANEOUS
END OF SECTION
EXHIBIT F
Page 22 of 22
AGENDA MEMORANDUM
City Council Meeting of March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P. E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Ernesto De La Garza, Director of Public Works
ErnestoD2@cctexas.com
(361) 826-1677
Resolution approving Bond 2022 Street Projects Pavement Design
Recommendations
CAPTION:
Resolution approving pavement design recommendations for the Bond 2022 Streets projects
following City Council Policy 28 which outlines the guidelines for awarding arterial and collector
street construction contracts using concrete pavement or asphalt pavement.
PURPOSE:
This resolution item approves pavement recommendations for the Bond 2022 Streets projects.
Following City Council Policy 28 Award Guidelines for Arterial and Collector Streets with
Concrete pavement (PCC) or Asphalt pavement (HMAC), City staff is making recommendations
for the 13 streets projects, excluding 2 construction only projects (Yorktown Boulevard and Beach
Access Road #3), that were approved by voters on November 8, 2022.
BACKGROUND:
On October 27, 2020, City Council approved a resolution amending City Council Policy 28 that
outlines the guidelines for awarding arterial and collector street construction contracts using
concrete pavement or asphalt pavement. The policy includes an emphasis on the evaluation of
existing geotechnical soil conditions. The policy has been reviewed by City staff and the
guidelines for awarding arterial and collector street construction contracts using concrete
pavement or asphalt pavement are still accurate.
Below is a summary of the approved City Council Policy 28guidelines for developing
recommendations for surface types for City road projects:
1. When the project contains a majority subgrade with a Plasticity Index (PI) greater than
30 or deemed as a moderate to highly expansive soil by the design Geotechnical
Engineer, the City should recommend HMAC.
2. When the cost difference of PCC is below $125,000/lane mile, the City should
recommend PCC.
3. For residential projects, the City should recommend HMAC.
4. Other criteria to consider is if the adjacent pavement section is PCC, consideration
should be given to providing a uniform surface type, at the discretion of the City Public
Works staff.
On April 25, 2023, City Council approved the mass selection of professional engineering services
for the design of the thirteen Bond 2022 street projects. Following City Council approval for the
design contracts, City staff requested geotechnical investigations of the Bond 2022 streets
projects.
City Council Policy 28 calls for pavement design recommendations that provide clear direction to
staff on which projects will be designed for asphalt pavement only, concrete pavement only, and
projects that should be bid for both asphalt and concrete. The policy prefers for staff to identify
projects that can be bid with both surfaces. However, the geotechnical investigation and other
considerations (i.e. continuation of previous construction work) revealed no streets in Bond 2022
that should be bid with both concrete and asphalt options.
Below is a summary of the results:
Proposed Pavement Design Number of Streets
Recommendations
Asphalt and Concrete 0
Asphalt Only 9
Concrete Only 4
Total 13
Attached to this memo is a table that lists the 13 street
pavement design recommendations.
ALTERNATIVES:
The alternative is to reject staff recommendations and evaluate pavement recommendations at
the time of construction contract award.
FISCAL IMPACT:
There is no fiscal impact for this item.
RECOMMENDATION:
Staff recommends approval of the resolution as presented.
LIST OF SUPPORTING DOCUMENTS:
Resolution
HMAC/PCC Design Recommendations
City Council Policy 28
Resolution approving pavement design recommendations for the Bond 2022
Streets projects following City Council Policy 28 which outlines the
guidelines for awarding arterial and collector street construction contracts
using concrete pavement or asphalt pavement.
WHEREAS, the geotechnical investigations for the Bond 2022 street projects have
been completed.
WHEREAS, Council Policy 28 has been reviewed and updates are not
recommended.
Now, therefore, be it resolved by the City Council of the City of Corpus Christi,
Texas:
SECTION 1. The City Manager or designee is authorized to proceed with designing and
bidding the street projects with asphalt and/or concrete as shown in Exhibit A.
PASSED and APPROVED on the _____ day of ________________, 2024.
ATTEST:
Paulette Guajardo, Mayor Rebecca Huerta, City Secretary
AGENDA MEMORANDUM
Action Item for the City Council Meeting of October 27, 2020
DATE: September 30, 2020
TO: Peter Zanoni, City Manager
FROM: Richard Martinez, Director of Public Works
RichardM5@cctexas.com
(361) 826-3419
Resolution Amending City Council Policy 28 Award Guidelines for Arterial and
Collector Streets with Concrete or Asphalt Pavement
CAPTION:
Resolution amending City Council Policy 28 that outlines the guidelines for awarding
arterial and collector street construction contracts using concrete pavement or asphalt
pavement.
SUMMARY:
This resolution amends City Council Policy 28 which outlines the guidelines for awarding
arterial and collector street construction contracts using concrete pavement (PCC) or
asphalt pavement (HMAC). This policy must be updated annually. The policy updates
include an emphasis on including the evaluation of the geotechnical soil conditions and
recommending the removal of the residential streets from this policy.
BACKGROUND AND FINDINGS:
Prior to Bond 2008 the City would typically design arterial road reconstruction projects
with HMAC pavement. With Bond 2008, the City began to bid some of the arterial streets
with both HMAC and PCC pavement designs, resulting in multiple bid awards for the PCC
pavement alternative.
In 2013, the City upgraded the pavement design standards to a 30-year design life using
the Association of State Highway Transportation Officials Guide for Design of Pavement
Structures. The change in design criteria, combined with market forces, created an
environment where PCC became much more competitive with HMAC. In 2016, the City
began designing and bidding all arterial Bond projects with both HMAC and PCC
pavement alternatives.
In 2016, the practice was to design both HMAC and PCC using a 30-year design life and
award the bid to the lower cost pavement alternative. Bidding projects utilizing both PCC
and HMAC designs enhanced competition among contractors and reduced costs.
Several projects received lower bids for the PCC pavement alternative.
In early 2017, at council request, Engineering Services staff performed a life cycle cost
maintenance plan. The results of that cost analysis validated the belief that PCC offered
reduced maintenance costs over HMAC. The analysis indicated that the City should be
willing to pay an additional $100,000 per lane mile for PCC pavement based on
maintenance savings. Staff adopted a policy recommending award of the PCC alternative
if it was within $100,000 per lane mile of the HMAC alternative. That policy was
communicated to City Council in a memo dated June 2, 2017 and was applied to all bids.
In April 2019, an updated memo addressed a question raised at the September 18, 2018
City Council meeting during discussions about the Rodd Field Road Improvement Project
award. That project was bid with both HMAC and PCC pavement alternatives. The HMAC
alternative was awarded; however, council had a question as to whether the $100,000
per lane mile adequately reflected the value of maintenance savings from PCC pavement.
This policy was last updated on July 16, 2019 as a result.
Freese and Nichols, Inc. was tasked with re-evaluating the life cycle cost analysis
between HMAC and PCC pavements and providing a letter report with recommendations
resulting in three cost range options for bid award recommendations. Upon the review of
the recommendations, Engineering Services concluded the analysis warranted
increasing the previous cost per lane mile from $100,000 to $125,000 .
For the FY 2021 policy update, Public Works contracted with Roadway Asset Services
(RAS) to re-evaluate the life cycle cost analysis between HMAC and PCC pavements.
RAS has the required experience for evaluating pavement networks and general
performance. Scott Gordon, Principal Engineer and President, has over 30 years of
experience in pavement evaluation, including providing similar services for 4 out of the 5
major cities in Texas.
This policy update includes an emphasis on the evaluation of existing geotechnical soil
conditions. Public Works proposes incorporating geotechnical testing in the design phase
of the project to determine the plasticity index (PI) of the existing soil. The plasticity index
is the size of the range of water contents where the soil exhibits plastic properties. As
indicated in the recommendations from RAS, soils with a PI greater than 30 are
characterized as an expansive soil. The expansiveness of clay soils will have a major
impact on the performance of pavement structures. Pavements on clays soils must be
designed with an additional stabilized layer, which should be accounted for in the initial
design and capital expenses. Expansive soils will also require more frequent maintenance
due to the higher percentage of cracking and differential movement anticipated and, in
some cases, with different types of maintenance. HMAC pavements will likely require
additional mill and overlay activities to correct differential movement and PCC pavements
will likely require grinding and additional panel replacements due to the differential
movements.
To determine an updated life cycle cost analysis, RAS has used maintenance actives,
assigned costs to the activities, applied discount and inflation rates using a 40- year
analysis timeline. The details of this life cycle costanalysiscan be found in Attachment
A.
The results from the RAS cost analysis indicated that the City should not use concrete
pavement for arterial and collector streets on soils with a PI greater than 30. If the PI is
less than 30 then this policy will be used to determine the selection of asphalt or concrete.
Therefore, if the initial construction bid is within $128,000 per lane mile between HMAC
and PCC, then PCC should be chosen. If the difference in initial construction bid is
greater than $128,000, then HMAC should be chosen. With a minimal differential in price,
Public Works recommends utilizing the existing $125,000 per lane mile for construction
bids on arterial and collector roadway projects. An additional item for consideration in the
selection of pavement surfaces should be the adjacent pavement types. In areas of PCC,
prioritization should be given to PCC, similarly on areas with HMAC. For example, if a
proposed project is adjacent to an existing PCC section, additional consideration will be
given to PCC as the pavement selection for continuity.
Additionally, this policy update reinforces previous recommendations of the elimination of
residential streets from the evaluation of PCC. This is due to the general location of
utilities in residential areas and lower traffic loads on residential streets. Typically, utilities
are in the street. Street cuts needed to repair utility lines would result in costly repairs. At
this time, it is not deemed financially advantageous to bid residential streets in PCC.
Below is a summary of the recommendations from Public Works:
1. When the project contains a majority subgrade with a PI greater than 30 or
deemed as a moderate to highly expansive soil by the design Geotechnical
Engineer, the City should recommend HMAC.
2. When the cost difference of PCC is below $125,000/lane mile, the City should
recommend PCC.
3. For residential projects, the City should recommend HMAC.
4. Other criteria to consider is if the adjacent pavement section is PCC, consideration
should be given to providing a uniform surface type, at the discretion of the City
Public Works staff.
ALTERNATIVES:
Do not approve this policy update and defer to the existing policy.
FISCAL IMPACT:
N/A
RECOMMENDATION:
Staff recommends approval of this policy update.
LIST OF SUPPORTING DOCUMENTS:
Presentation
Roadway Asset Services, LLC (RAS) Letter Report
Bond 2022
HMAC –PCC PAVEMENT RECOMMENDATION
Council Presentation
March 19, 2024
1
Project Scope
OnOctober27,2020,CityCouncilapprovedaresolutionamendingCityCouncilPolicy28thatoutlines
theguidelinesforawardingarterialandcollectorstreetconstructioncontractsusingconcretepavementor
asphaltpavement.Thepolicyincludesanemphasisontheevaluationofexistinggeotechnicalsoil
conditions.ThepolicyhasbeenreviewedbyCitystaffandtheguidelinesforawardingarterialand
collectorstreetconstructioncontractsusingconcretepavementorasphaltpavementarestillaccurate.
BelowisasummaryoftheapprovedrecommendationsbasedontheCityCouncilPolicy28:
1.When the project contains a majority subgrade with a Plasticity Index (PI) greater than 30 or
deemed as a moderate to highly expansive soil by the design Geotechnical Engineer, the City
should recommend HMAC.
2.When the cost difference of PCC is below $125,000/lane mile, the City should recommend PCC.
3.For residential projects, the City should recommend HMAC.
4.Other criteria to consider is if the adjacent pavement section is PCC, consideration should be given
to providing a uniform surface type, at the discretion of the City Public Works staff.
2
HMAC –PCCP Pavement
Recommendations
3
HMAC –PCCP Pavement
Recommendations
BasedontheresultsofthegeotechnicalinvestigationandCityCouncilPolicy28policy,
belowarethepavementdesignrecommendationsforprojects.
Thepavementdesignrecommendationprovidescleardirectiontostaffonwhichprojects
willbedesignedforasphaltpavement,concretepavementandasphaltorconcrete
pavementwithcostsavingsbynotdesigningallthestreetprojectsforasphaltand
concretepavement.
EventhroughCouncilwouldlikestafftodesignandbidtheprojectswithasphaltand
concretepavementtherearenostreetsthatfallinthatcategory.
4
AGENDA MEMORANDUM
Action Item for the City Council Meeting of March 19, 2024
____________________________________________________________________________
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Wesley Nebgen, Director of Water System Infrastructure
wesleyN@cctexas.com
(361) 826-3111
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
joshc2@cctexas.com
(361) 826-3169
Construction Contract Award and Professional Services Amendment
Oso Water Reclamation Plant Process Upgrade &
Breakpoint Chlorination Facility Decommissioning
CAPTION:
Motion authorizing a construction contract to CSA Construction, Inc., Houston, Texas, for the Oso
Water Reclamation Plant (WRP) Process Upgrade & Breakpoint Chlorination (BPC) Facility
Decommissioning project to replace the existing Breakpoint Chlorination (BPC) facility with
biological ammonia removal treatment process, provides a third treatment basin and modifies the
existing two treatment basins to increase the treatment capacity in an amount of $109,890,200.00
and an Amendment No. 10 to the Professional Services Contract with Ardurra Group Inc., Corpus
Christi, Texas in an amount not to exceed $1,000,000.00 for a total amount of $11,048,529.00 for
construction phase services, located in Council District 4, with FY 2024 funding available from the
Wastewater Capital Fund.
SUMMARY:
This authorizes an amendment for construction phase services with Ardurra Group Inc and a
construction contract with CSA Construction, Inc., for the Oso WRP Process Upgrade & BPC
Facility Decommissioning project. The project replaces the existing Breakpoint Chlorination (BPC)
facility with biological ammonia removal treatment process, provides a third treatment basin and
modifies the existing two treatment basins to increase the treatment capacity from the existing
16.2 MGD to 18.0 MGD, and rehabilitates/upgrades/replaces the aging and deteriorated
treatment infrastructures including blower system, clarification units, disinfection system, solids
dewatering and disposal system, plant electrical and instrumentation system, plant yard piping
and miscellaneous improvements.
BACKGROUND AND FINDINGS:
constructed in
1941 with several expansion projects that have occurred over the years. The plant has a rated
treatment capacity for average daily flows (ADF) of 16.2 million gallons per day (MGD) and peak
2hour flows up to 98.0 MGD. Current daily treatment flows are approximately 12.75 MGD which
represents approximately 78
On April 29, 2011, the Texas Commission on Environmental Quality (TCEQ) issued a renewal of
(TPDES) permit, including a new
monthly effluent ammonia limit. Prior to this renewal, the Oso WRP permit did not contain an
ammonia limitation. To meet the TCEQ compliance date on October 29, 2013, the City
constructed a BPC facility to oxidize the ammonia chemically and a step feed modification to
reduce BPC chemical usage. This construction, completed in August 2013, was not intended to
be a long-term solution, but rather a temporary, short-term, low capital cost solution to meet the
uent ammonia requirements while planning and implementing a permanent long-
term CIP project to replace the BPC facility with biological nutrient removal (BNR) treatment
process within five years.
From 2013 to 2017, the City contemplated decommissioning
is period major
. Moreover, an eight-year negotiation
between the City and EPA regarding adoption of new water quality standards in the Oso Bay
which was critical to the Oso WRP discharge permit renewal was settled in January 2020. With
the approval of new Water Quality Standards in the Oso Bay from both TCEQ and EPA, the City
renewed the TCEQ discharge permit and was able to implement the Oso WRP CIP project without
regulatory risks.
With the above conditions, the permanent long-term CIP project for the Oso WRP was divided
into two Phases: Phase I Oso WRP Headworks and Lift Station, and Phase II Oso WRP Process
Upgrade & Breakpoint Chlorination Facility Decommissioning. The construction of Phase I project
was completed in March 2022.
Phase II of the project is intended to replace the existing BPC facility with biological ammonia
removal treatment process, provide a third treatment basin and modify the existing two treatment
basins to increase the treatment capacity from 16.2 MGD to 18.0 MGD. Additionally, upgrades to
existing infrastructure will consist of installation of new blower system, replacement of the
clarification units, modification of the disinfection system, replacement of the solids dewatering
and disposal system, improvements on the plant electrical and instrumentation system, plant yard
piping and other miscellaneous items. The detailed project scope includes the listed items and all
associated construction work.
Site demolition and partial removal of fencing, existing equipment, and infrastructure.
Demolition and removal of blower house 3 and chemical storage canopy.
Headworks splitter box weir gates improvements.
Construction of new bioreactor and mixed liquor suspended solids (MLSS) flow splitter
structure. Installation of associated mechanical equipment, including fine bubble diffuser
aeration system, gates, and access walkways.
Rehabilitation of two aeration basins and the conversion to bioreactors consisting of the
removal of existing air drops, and installation of new mechanical equipment, fine bubble
diffuser aeration system, and access walkways.
Construction of new return activated sludge (RAS) booster and waste activated sludge
(WAS) pump stations.
Construction of new blower house 1, including the installation of six new blowers, new
process air loop, HVAC and electrical systems and components.
Installation of a pre-engineered electrical control building (ECR) #6, new cable trays and
electrical systems.
Replacement of secondary clarifiers 1 - 8 sludge removal system and structure
rehabilitation.
Installation of clarifiers 1-8 effluent channel diffuser system and valves, piping, and
supports.
Upgrades to scum system, including the construction of new rotary drum screens, pumps,
and miscellaneous equipment, including platforms and handrails.
Sodium hypochlorite and sodium bisulfite system upgrades which include tanks, piping,
and pumps.
Modifications to aerated solids holding tank 1.
Rehabilitation solids dewatering facility including installation of new volute dewatering
presses, volute thickening units, canopy, and miscellaneous equipment.
Outfall structure modifications and stilling well/flow metering replacements.
Replacement of four existing chlorine contact chamber sludge pumps and valve system.
Installation of various yard piping and utility lines (potable and non-potable water)
Temporary facilities and utilities.
Site work, pavement, and drainage improvements
Installation of new underground electrical power line to replace existing AEP overhead
electrical power line. Includes demolition of lines, power poles, and tie-ins to AEP new
metering poles.
Instrumentation and SCADA upgrades.
Installation of new plant-wide fiber optic loop and associated appurtenances.
Start-up and Commissioning
Training of plant personnel.
PROJECT TIMELINE:
Project schedule reflects City Council award in March 2024 with anticipated completion in
February 2028.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued a Request for Bids. On January 24, 2024,
the City received a submission from one bidder. The bid was reviewed and found to be in
accordance with the contract documents. CSA Construction, Inc. is the lowest responsive and
responsible bidder.
A summary of the bids is provided below:
BID SUMMARY
BASE BID PLUS
ADD. ALT. NO. ADD. ALT. NO. ADD. ALT. NO. 1
CONTRACTOR BASE BID
C4 D2 PLUS ADD.ALT.
NO. 2
CSA Construction,
$109,550,000 $105,000 $235,200 $109,890,200.00
Inc.
of Probable $109,578,000 N/A N/A $109,578,000.00
Construction Cost
CSA Construction, Inc., has significant experience working on wastewater projects. CSA is
currently working on the Oso WRP Coase Bubble Aeration and the Whitecap WWTP Process
Improvements projects and has successfully completed projects for the City of Corpus Christi
including the Oso WRP BPC Facility project completed in 2013 and the Phase I Oso WRP
Headworks and Lift Station Improvements completed in 2022.
ALTERNATIVES:
The alternative is to not award the construction contract to the low bidder, CSA Construction, Inc.
This would delay improvements to the wastewater treatment plant and impact the ability
to reliably treat wastewater from this service basin. Maintenance costs would continue to increase
as the current process relies on high chemical usage and is inefficient due to substandard
aeration. Re-bidding this project would certainly result in increased construction costs. The City
would have increased exposure to TCEQ permit violations and fees if the contract is not awarded.
FISCAL IMPACT:
The fiscal impact for the FY 2024 is an amount of $1,000,000.00 for the amendment and
$14,200,000.00 for construction with funding available from the Wastewater Capital Fund. The
remaining funds will be incurred in FY 2025, FY 2026, FY 2027, and FY 2028 in the amount of
$95,690,200. Budgetary adjustments will be made in FY 2025, FY 2026, FY 2027, and FY 2028
to reflect the new contract costs.
FUNDING DETAIL:
Fund: WW 2023 CIP (Fund 4260)
Department: Wastewater (46)
Organization: Grants & Capital Projects Funds (89)
Project: Oso WRP Process Upgrade & BPC Facility Decommissioning (Project No.
20084A)
Account: Construction (550910)
Activity: 20084-A-4260-EXP
Amount: $14,200,000.00
Fund: WW 2023 CIP (Fund 4260)
Department: Wastewater Treatment (46)
Organization: Grants & Capital Projects Funds (89)
Project: Oso WRP Process Upgrade & BPC Facility Decommissioning (Project No.
20084A)
Account: Outside Consultants (550950)
Activity: 20084-A-4260-EXP
Amount: $1,000,000.00
Year 1 (FY 2024): $15,200,000
Year 2 (FY 2025): $29,230,000
Year 3 (FY 2026): $29,230,000
Year 4 (FY 2027): $29,230,200
Year 5 (FY 2028): $8,000,000
Total: $110,890,200
RECOMMENDATION:
Staff recommends awarding the Professional Services Contract Amendment No. 10 to Ardurra
Group Inc., and the construction contract for the Oso WRP Process Upgrade & BPC Facility
Decommissioning project to CSA Construction, Inc., in the amount of $109,890,200.00. The
construction duration is planned for 46 months from issuance of the Notice to Proceed to begin
construction in April 2024.
LIST OF SUPPORTING DOCUMENTS:
Location and Vicinity Map
Bid Tab
CIP Page
PowerPoint Presentation
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
ENGINEER'S ESTIMATE:
TABULATED BY: Kate Nartey-Quaye, P.E. $ 109,578,000.00
COMPLETION:
DESIGN ENGINEER: Ardurra Group, Inc.1465 Cal. Days
BID DATE: Wednesday, January 24, 2023
CSA Construction, Inc.
CITY PROJECT NO. 20084A
2314 McAllister Rd.
RFB 5467 OSO WRP PROCESS UPGRADES AND BREAKPOINT CHLORINATION FACILITY DECOMMISSIONING
Houston, TX 77092
DESCRIPTIONUNITQUANTITYUNIT PRICEAMOUNT
ITEM
Part A - General
A1MOBILIZATION (MAX 5%)LS1
$2,000,000.00$ 2,000,000.00
BONDS AND INSURANCE (MAX 2%)
A2AL1$1,000,000.00$ 1,000,000.00
ALLOWANCE FOR PREPARATION AND REPAIR OF CRACKS AT VARIOUS LOCATIONS - CLARIFIERS 1-8, BIOREACTORS 1&2, AND AERATED SLUDGE HOLDING
A3AL1$260,000.00$ 260,000.00
ALLOWANCE FOR UNANTICIPATED WORK
A4AL1$1,000,000.00$ 1,000,000.00
ALLOWANCE FOR EXISTING HEADWORKS MAIN ELECTRICAL CONTROL PANELS RELOCATION
A5AL1$2,600,000.00$ 2,600,000.00
EXPLORATORY EXCAVATION, COMPLETE IN PLACE PER LUMP SUM. REFER TO HYDROEXCAVATION REQUIREMENTS ON SHEET 8.
A6LS1$25,000.00$ 25,000.00
STORM WATER POLLUTION PREVENTION PLAN
LS1$30,000.00$ 30,000.00
A7
SUBTOTAL PART A - GENERAL (ITEMS A1 THRU A7)$ 6,915,000.00
PART B - WASTEWATER IMPROVEMENTS
WASTEWATER TREATMENT PLANT UPGRADES ( ALL WORK SPECIFIED AND/OR SHOWN ON THE CONTRACT DOCUMENTS THAT ARE NOT SPECIFICALLY
B1
INCLUDED IN OTHER BID ITEMS)
LS1$83,096,640.00$ 83,096,640.00
GRIT/DEBRIS REMOVAL AND DISPOSAL
WT3,700$365.00$ 1,350,500.00
B2
CLARIFIER TRAVELING BRIDGE SLUDGE COLLECTOR EQUIPMENT: (PRE-NEGOTIATED PRICE PER SECTION 46 43 14
AL1$11,307,343.00$ 11,307,343.00
B3
SUBMERGED EFFLUENT LAUNDER SYSTEM: (PRE-NEGOTIATED PRICE PER SECTION 46 43 14.11
AL1$2,560,700.00$ 2,560,700.00
B4
SUBMERGED EFFLUENT LAUNDER SYSTEM: INSTALLATION ONLY
LS1$60,000.00$ 60,000.00
B5
VOLUTE THICKENER EQUIPMENT: (PRE-NEGOTIATED PRICE FROM EQUIP VENDOR) EQUIPMENT PER SECTION 44 46 26.02
LS1$1,154,000.00$ 1,154,000.00
B6
VOLUTE DEWATERING PRESS EQUIPMENT: (PRE-NEGOTIATED PRICE ) EQUIPMENT PER SECTION 44 46 26.03
LS1$2,883,000.00$ 2,883,000.00
B7
ROTARY DRUM SCREEN: (PRE-NEGOTIATED PRICE FROM EQUIP VENDOR) EQUIPMENT PER SECTION 46 21 23
LS1$198,817.00$ 198,817.00
B8
PRE-REHABILITATION CLEANING AND CCTV INSPECTIONS OF CLARIFIERS #1-8 DRAIN LINE
LF600$40.00$ 24,000.00
B9
SUBTOTAL PART B - WASTEWATER IMPROVEMENTS (ITEMS B1 THRU B9)
$ 102,635,000.00
PART C- ADDITIVE/DEDUCTIVE ALTERNATES
REPLACEMENT OF EXISTING CLARIFIER EFFLUENT TROUGHS IN KIND IN LIEU OF SUBMERGED EFFLUENT LAUNDERS (BID ITEMS B4 AND B5)
C1EA8$35,000.00$ 280,000.00
STAINLESS STEEL OVERHEAD COILING DOORS IN LIEU OF GALVANIZED STEEL OVERHEAD COILING DOORS IN BASE BID (BID ITEM B1)
C2
LS1$140,000.00$ 140,000.00
GUMMI-JAEGER AERATION LLC OXYSTRIP IN LIEU OF OVIVO AEROSTRIP® IN BASE BID (BID ITEM B1) MEETING THE REQUIREMENTS OF 44 45 16.02
C3
EXCEPT FOR SPECIFIC REQUIREMENTS THAT ARE INHERENTLY ONLY APPLICABLE TO THE OVIVO AEROSTRIP® DESIGN LS1($1,083,000.00)$ (1,083,000.00)
FURNISH AND INSTALL PRESSURE MONITORING SYSTEM FOR FLEX/RELAX CYCLE ON EACH DROP LEG, AN ELECTRIC ACTUATOR ON EACH ISOLATION
C4
VALVE IN LIEU OF MANUAL PRESSURE GAUGES AND MANUAL VALVES AT EACH DROP LEG IN BASE BID (BID ITEM B1)
LS1$105,000.00$ 105,000.00
SUBTOTAL PART C - ADDITIVE/DEDUCTIVE ALTERNATES
$ (558,000.00)
PART D- ADDITIVE ALTERNATES
CIPP LINING OF CLARIFIERS #1-8 DRAIN LINE, INCLUDING TESTING AND POST LINING INSPECTION
D1LF500$1,500.00$ 750,000.00
REMOVE AND REPLACE CLARIFIERS #1-8 DRAIN 8" DI (PC 350) FROM THE REDUCER TO THE EDGE OF TANK (APPROXIMATELY 15 FT)
LF240$980.00$ 235,200.00
D2
SUBTOTAL PART D- ADDITIVE ALTERNATES
$ 985,200.00
BID SUMMARY
PART A - GENERAL$ 6,915,000.00
PART B - WASTEWATER TREATMENT PLANT UPGRADES
$ 102,635,000.00
TOTAL BASE BID
$ 109,550,000.00
PART C - ADDITIVE/DEDUCTIVE ALTERNATES
$ (558,000.00)
PART D - ADDITIVE ALTERNATES
$ 985,200.00
TOTAL BID AMOUNT (BASE BID PLUS ALTERNATE BID ITEMS)
$ 109,977,200.00
Bid Tab - 1 of 1
thru
20242026
Capital Improvement Plan
City of Corpus Christi, Texas
Project #
20084A
Project Name
O WRP Process Upgrade & BPC Fac Decom
Wastewater
Department
Improvement/Additions
Type
35 years
Useful Life Director of Water Utilities
Contact
Wastewater
Category
Priority Critical- Condition\\longevity
Council District
Status Active
Description
Construction of new headworks and lift station at Oso Water Reclamation Plant (WRP) started in FY18. The next phase of work involves
secondary treatment improvements and a process conversion to Biological Nutrient Removal (BNR). This will allow the City to decommission
current breakpoint chlorination (BPC) system which is currently achieving ammonia removal by chemical addition and will allow plant to
maintain permit compliance by removing ammonia more efficiently and safely through biological processes. In addition, equipment associated
with secondary treatment units have exceeded original design life and have become maintenance intensive and a hindrance to operations. Scope
of improvements include constructing a new 6 MGD train, retrofitting existing aeration basins with fine bubble aeration equipment, construction
of new blower building, replacement or rehabilitation of existing scum and sludge removal components on secondary clarifiers, improvements to
chlorine contact chambers to address short circuiting, demolition/decommissioning of breakpoint chlorination system, upgrades in the existing
belt press building, and other miscellaneous enhancements associated with administrative building, digesters and access roads.
Justification
This project needed to meet operational and regulatory requirements.
ExpendituresPrior Years202420252026Total
Construction/Rehab
Inspection
Design
Eng, Admin Reimbursements
Total
Funding SourcesPrior Years202420252026Total
Revenue Bonds
Total
Budget Impact/Other
This project will enable the Oso WRP to run in a more economical and efficient manner. Operational impact is adversely affected when plant is
not working at optimal levels.
321
WASTEWATER FISCAL YEAR 2024 CIP PROGRAM LONG-RANGE
Funding Funding Funding Funding Funding Funding Funding
Long-Range
WASTEWATER LONG-RANGE CIP
Needed for Needed for Needed for Needed for Needed for Needed for Needed for
FY 2027-2033
FY 2027FY 2028FY 2029FY 2030FY 2031FY 2032FY 2033
SEQProject NameYear 4Year 5Year 6Year 7Year 8Year 9Year 10TOTALS
WASTEWATER TREATMENT PLANTS
Allison WWTP Lift Station Upgrade and Process
LR 1
1,000,000 2,000,000 2,000,000 5,000,000
Improvements
Continuation of short range project E10043
LR 2 Greenwood WWTP Flood Mitigation
4,500,000 4,500,000
Continuation of short range project 18070
LR 3 Greenwood WWTP Expansion
8,000,000 3,000,000 12,500,000 20,000,000 20,000,000 63,500,000
Continuation of short range project 25016
LR 4LR 4 Oso WRP Process Upgrade & BPC Facility DecommissionOso WRP Process Upgrade & BPC Facility Decommission
Continuation of short range project 20084AContinuation of short range project 20084A
Laguna Madre WWTP Rehab
LR 5
1,000,000 2,000,000 2,000,000
5,000,000
Continuation of short range project 18086
Wastewater FOG Treatment Facility
LR 6
200,000 2,000,000 2,000,000
4,200,000
This project is to provide a Fats, Oil and Grease (FOG) separation facility to serve the City of Corpus Christi and owned/operated by the City.
Whitecap WWTP Improvements
LR 7
1,000,000 2,000,000 2,000,000
5,000,000
Continuation of short range project 18087
WASTEWATER TREATMENT PLANTS
LONG-RANGE CIP TOTAL:
12,700, 000 22,000,000 25,000,000 6,000,000 6,000,000
WASTEWATER LIFT STATIONS
Allison Basin New Lift Station and Force Main
LR 8
3,500,000 6,500,000 5,000,000
15,000,000
Continuation of short range project 22009
City-Wide Lift Station Repair
LR 9
12,500,000
3,000,000 2,000,000 1,500,000 1,500,000 1,500,000 1,500,000 1,500,000
Continuation of short range project. This project provides for implementation of a strategic lifecycle program for future lift station projects with funding requirements and cost benefit
analysis for the City’s 103 Lift
Stations.
WASTEWATER LIFT STATIONS
LONG-RANGE CIP TOTAL:
6,500,000 8,500,000 6,500,000 1,500,000 1,500,000 1,500,000 1,500,000 27,500,000
WASTEWATER SYSTEM MAINTENANCE
Allison Basin Trunk Main Replacement
LR 10
1,000,000 10,000,000
11,000,000
This project will replace the trunk main at Allison basin that reached its useful life.
Capacity Improvement and Collection System Upgrade Group
LR 11
1 10,000,000 15,000,000 20,000,000 45,000,000
This project will provide city-wide capacity improvements and collection system upgrades
Capacity Improvement and Collection System Upgrade Group
LR 12
10,000,000 15,000,000 20,000,000 45,000,000
2
This project will provide city-wide capacity improvements and collection system upgrades
Capacity Improvement and Collection System Upgrade Group
LR 13
15,000,000 20,000,000 20,000,000
55,000,000
3
This project will provide city-wide capacity improvements and collection system upgrades
City-Wide Collection Capacity Remediation
LR 14
5,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000 16,000,000
101,000,000
Continuation of short range project 22125
City-Wide Wastewater IDIQ
LR 15
15,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000 20,000,000
135,000,000
Continuation of short range project 22110
Hewitt / Santa Fe Street WW Line Upsizing
LR 16
5,000,000 5,000,000 5,000,000
15,000,000
Continuation of short range project 23007
345
Oso Water Reclamation Plant Process
Upgrade & Breakpoint Chlorination
Facility Decommissioning
Council Presentation
March 19, 2024
1
Project Location
2
Project Scope
A summary of proposed improvements is as follows:
Sitedemolitionandpartialremovaloffencing,existingequipment,and
infrastructure.
Demolitionandremovalofblowerhouse3andchemicalstoragecanopy.
Headworkssplitterboxweirgatesimprovements.
ConstructionofnewbioreactorandMLSSflowsplitterstructure.
Installationofassociatedmechanicalequipment,includingfinebubble
diffuseraerationsystem,gates,andaccesswalkways.
Rehabilitationoftwoaerationbasinsandtheconversiontobioreactors
consistingoftheremovalofexistingairdrops,andinstallationofnew
mechanicalequipment,finebubblediffuseraerationsystem,andaccess
walkways.
3
Project Scope
ConstructionofnewRASboosterandWASpumpstations.
Constructionofnewblowerhouse1,includingtheinstallationofsixnew
blowers,newprocessairloop,HVACandelectricalsystemsand
components.
Installationofapre-engineeredelectricalcontrolbuilding(ECR)#6,new
cabletraysandelectricalsystems.
Replacementofsecondaryclarifiers1-8sludgeremovalsystemand
structurerehabilitation.
Installationofclarifiers1-8effluentchanneldiffusersystemandvalves,
piping,andsupports.
Upgradestoscumsystem,includingtheconstructionofnewrotarydrum
screens,pumps,andmiscellaneousequipment,includingplatformsand
handrails.
4
Project Scope
Sodiumhypochloriteandsodiumbisulfitesystemupgradeswhichinclude
tanks,piping,andpumps.
Modificationstoaeratedsolidsholdingtank1.
Rehabilitationsolidsdewateringfacilityincludinginstallationofnew
volutedewateringpresses,volutethickeningunits,canopy,and
miscellaneousequipment.
Outfallstructuremodificationsandstillingwell/flowmetering
replacements.
Replacementoffourexistingchlorinecontractchambersludgepumpsand
valvesystem.
Installationofvariousyardpipingandutilitylines(potableandnon-
potablewater)
Temporaryfacilitiesandutilities.
5
Project Scope
Sitework,pavement,anddrainageimprovements
Installationofnewundergroundelectricalpowerlinetoreplaceexisting
AEPoverheadelectricalpowerline.Includesdemolitionoflines,power
poles,andtie-instoAEPnewmeteringpoles.
InstrumentationandSCADAupgrades.
Installationofnewplant-widefiberopticloopandassociated
appurtenances.
Start-upandCommissioning
Trainingofplantpersonnel.
6
Project Schedule
2020 - 20232023 20242024 - 2028
January - OctoberNDJFMApril - February
DesignBid/AwardConstruction
Projected Schedule reflects City Council award in March 2024
with anticipated completion in February 2028.
7
AGENDA MEMORANDUM
Action Item for the City Council Meeting of March 19, 2024
DATE: March 19, 2024
TO: Peter Zanoni, City Manager
FROM: Jeff H. Edmonds, P.E., Director of Engineering Services
jeffreye@cctexas.com
(361) 826-3851
Nick Winkelmann, P.E., Interim Director of Water Systems and Support Services
nickw@cctexas.com
(361) 826-1796
Josh Chronley, CTCD, Assistant Director of Finance & Procurement
joshc2@cctexas.com
(361) 826-3169
Construction Contract Award and Professional Services Contract Amendment
ONSWTP Raw Water Influent and Chemical Facilities Improvements
CAPTION:
Motion authorizing a construction contract to Reytec Construction Resources, Inc., of Houston,
Texas, for the construction of Raw Water Influent and Chemical Facilities Improvements at O.N.
Stevens Water Treatment Plant (ONSWTP) in an amount of $86,679,500.00 for Total Base Bid
plus selected Alternates 1 and 2; professional services contract amendment No. 3 to Ardurra
Group, Inc. of Corpus Christi to provide construction phase services in an amount of $734,472.00
for a total contract value not to exceed $1,924,384.00; and professional services contract
amendment No. 7 to Freese and Nichols Inc. of Corpus Christi to provide construction phase
services in an amount of $987,466.00 for a total contract value not to exceed $3,627,015.00, with
FY 2024 funding from the Water CIP Fund.
SUMMARY:
This item authorizes a construction contract for new raw water infrastructure, raw water piping,
chemical feed systems, and chemical storage facilities. In addition to the construction contract,
two professional services contract amendments would be authorized to provide construction
phase services in support of this project. This project will increase water treatment capacity and
operational resiliency, by specifically improving hydraulic constraints, source water mixing, and
chemical application.
BACKGROUND AND FINDINGS:
The O.N. Stevens WTP was originally constructed in 1954, with the most recent plant expansion
constructed in 1981. The objective of this project is to alleviate hydraulic restrictions in the raw
water processes as well as provide new infrastructure capable of adequate source water mixing,
chemical application, operational flexibility, and the ability to further increase the water plant
capacity. Completion of this project will increase the treatment capacity of the O.N. Stevens WTP
to 115 MGD and will make it possible to achieve a future capacity of 160 MGD with the completion
of the other projects identified in CCWs upgrade plan. The projects included in the upgrade plan
are Sedimentation Basin Improvements (Project No. 18130), Flocculation Upgrades (Project No.
22407), Solids Handling (23059) which are detailed in the current Capital Improvement Plan.
The scope of this project includes the demolition of existing raw water infrastructure, construction
of new raw water infrastructure including a metering structure, chemical feed and storage
structures, raw water piping, splitter structure, and yard piping. Instrumentation and electrical
improvements for the raw water infrastructure and chemical facilities are also a significant portion
of the work. A plant process water booster pump station will also be provided for the effective
feed of the chemical and process water. Chemical feed improvements will optimize the treatment
process and improve mixing.
The piping improvements will consist of the installation of 2,700 linear feet of 54-inch, 350 linear
feet of 72-inch, 160 linear feet of 84-inch, and 370 linear feet of 108-inch new site piping. The
new infrastructure will consist specifically of raw water metering station, raw water junction, mix
and splitter, and pump diffusion structures. The selected bid alternatives include upgrades to the
East Chemical Facilities and the Inlet Channel and baffling improvements.
The project was originally bid in November 2021 but only one bid was received. The decision
was made by Engineering, Finance & Procurement, and CCW to re-bid the project and make
modifications to the original plan documents. These modifications included updating the design
of the receiving unit to improve operational resiliency, modifying the originally proposed
construction schedule, modifying the recycle wash water process, and other design modifications.
The revised construction schedule for the project will ensure that the plant can continue to operate
effectively during the project.
PROJECT TIMELINE:
Project schedule reflects City Council award in March 2024 with anticipated completion in June
2027.
COMPETITIVE SOLICITATION PROCESS
The Contracts and Procurement Department issued the first Request for Bids (RFB 3857) on
November 10, 2021, and received a single bid above the OPCC. A second Request
for Bids (RFB 4681) was issued on November 29, 2023.
The City receivedaproposal from one(1) bidder as follows:
Bid Summary
Contractor Base Bid including Alt 1 and Alt 2
Reytec Construction Resources, Inc. $86,679,500.00
Opinion of Probable
$75,000,000.00
Construction Cost
Reytec Construction Resources, Inc., has successfully completed numerous City projects
including Six Points Intersection, Everhart Road Holly Road to SPID, and Staples Street
Kostoryz Road to Brawner Parkway all featuring large diameter replacement.
ALTERNATIVES:
City Council could choose not to award the construction contract to the only bidder, Reytec
Construction Resources, Inc. Re-bidding the project would almost certainly result in increased
costs. This would also delay needed improvements and hinder the operational resiliency at the
ONSWTP.
FISCAL IMPACT:
The fiscal impact in FY 2024 is an amount of $25,400,000 with funding available from the Water
Capital Fund. The remaining funds will be incurred in FY 2025 and FY 2026 in an amount of
$63,001,438. Budgetary adjustments will be made in FY 2025 and FY 2026 to reflect the new
contract costs.
FUNDING DETAIL:
Fund: Water 2024 CIP (Fund 4487)
Department: Water (45)
Organization: Grants & Capital Projects Funds (89)
Project: ONSWTP Raw Water Influent and Chemical Facilities Improvement
(Project No. E17047)
Account: Outside Consultants (550910)
Activity: E17047014487EXP
Amount: $23,678,062
Fund: Water 2024 CIP (Fund 4487)
Department: Water (45)
Organization: Grants & Capital Projects Funds (89)
Project: ONSWTP Raw Water Influent and Chemical Facilities Improvement
(Project No. E17047)
Account: Outside Consultants (550950)
Activity: E17047014487EXP
Amount: $1,721,938
Year 1 (FY 2024): $25,400,000
Year 2 (FY 2025): $36,279,500
Year 3 (FY 2026): $26,721,938
Total: $88,401,438.00
RECOMMENDATION:
Staff recommends awarding the construction contract to Reytec Construction Resources, Inc., of
Houston, Texas for the ONSWTP Raw Water Influent and Chemical Feed Improvements project
in the amount of $86,679,500.00 for Total Base Bid plus selected Alternates 1 and 2, and
authorize a professional services contract amendment No. 3 to Ardurra Group, Inc., of Corpus
Christi, Texas, to provide construction phase services in an amount of $734,472.00 for a total
contract value not to exceed $1,924,384.00, and a professional services contract amendment No.
7 to Freese and Nichols Inc., of Corpus Christi, Texas, to provide construction phase services in
an amount of $987,466.00 for a total contract value not to exceed $3,627,015.00. The
construction duration is planned for 38 months from issuance of the Notice to Proceed to begin
construction in April 2024.
LIST OF SUPPORTING DOCUMENTS:
Bid tabs
CIP Page
Location and Vicinity Maps
Presentation
TABULATION OF BIDS
PROCUREMENT - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Jason Cocklin, PE, BCEE
DESIGN ENGINEER: Freese and Nichols, Inc.
BID DATE: Wednesday, November 29, 2023
RFB 4681Reytec Construction Resources, Inc.
PROJECT NO. E17047 O.N. Stevens Raw Water Influent Improvements 1901 Hollister St.
Houston, Tx, 77080
BASE BID
ITEMDESCRIPTIONUNITQTYUNIT PRICEAMOUNT
Part A - GENERAL
Raw Water Influent: Demolition
A1LS1 $ 660,000.00660,000.00$
Raw Water Influent: Analyzer Building
A2LS1 $ 587,000.00587,000.00$
Raw Water Influent: 54 Inch Site Piping
A3LF2,700 $ 10,030,500.003,715.00$
Raw Water Influent: 72 Inch Site Piping
A4LF350 $ 1,785,000.005,100.00$
Raw Water Influent: 84 Inch Site Piping
A5LF160 $ 1,584,000.009,900.00$
Raw Water Influent: 108 Inch Site Piping
A6LF370 $ 3,885,000.0010,500.00$
Raw Water Influent Structures: RW Metering Station
A7LS1 $ 2,900,000.002,900,000.00$
Raw Water Influent Structures: RW Junction Structure
A8LS1 $ 5,445,000.005,445,000.00$
RawWaterInfluentStructures:Cl2&LASPumpedDiffusionFlashMixandSplitter
Structure
A9LS1 $ 11,659,000.0011,659,000.00$
Raw Water Influent Structures: Plant 1 Pump Diffusion Flash Mix & Metering Vault
A10LS1 $ 2,891,000.002,891,000.00$
Raw Water Influent Structures: Plant 2 Pump Diffusion Flash Mix & Metering Vault
A11LS1 $ 2,891,000.002,891,000.00$
Raw Water Influent: E&IC
A12LS1 $ 4,392,000.004,392,000.00$
West Chemical Facilities: Sitework and Demolition
A13LS1 $ 2,623,000.002,623,000.00$
West Chemical Facilities: Structural
A14LS1 $ 2,898,000.002,898,000.00$
West Chemical Facilities: E&IC
A15LS1 $ 3,998,000.003,998,000.00$
West Chemical Facilities: Chemical Process Mechanical & Feed Improvements
A16LS1 $ 7,864,000.007,864,000.00$
Sodium Permanganate : Sitework and Demolition
A17LS1 $ 98,125.0098,125.00$
Sodium Permanganate: Structural
A18LS1 $ 1,250,000.001,250,000.00$
Sodium Permanganate: E&IC
A19LS1 $ 1,170,000.001,170,000.00$
Sodium Permanganate: Chemical Process Mechanical & Feed Improvements
A20LS1 $ 1,504,000.001,504,000.00$
Inlet Channel Coating & Resurfacing
A21SF5,500 $ 467,500.0085.00$
Misc. Sitework, Chem. feed piping, and Yard Piping
A22LS1 $ 3,584,235.003,584,235.00$
Ozone Days
A23Days8 $ 80,000.0010,000.00$
Storm Water Pollution Prevention
A24LS1 $ 67,000.0067,000.00$
Factory Built Plant Water Pump Station and Waterline Improvements
A25LS1 $ 2,964,000.002,964,000.00$
SUBTOTAL PART A - GENERAL (Items A1 thru A25)$ 77,277,360.00
Part C - ALLOWANCES
Contingency Allowance for Required Line Stops and Unforeseen Equipment Condition
C1AL1 $ 2,700,000.002,700,000.00$
Mobilization (Not to Exceed 5% of A1 to A25)
C2AL1 $ 787,140.00787,140.00$
Bonds and Insurance (Maximum Allowance of 2% of A1 to A25)
C3AL1 $ 650,000.00650,000.00$
Allowance for Building Permits
C4AL1 $ 120,000.00120,000.00$
Electrical Demolition associated with Item A25
C5AL1 $ 15,000.0015,000.00$
Lighting associated with Item A25
C6AL1 $ 10,000.0010,000.00$
Cable Trays associated with Item A25
C7AL1 $ 30,000.0030,000.00$
Electrical, Instrumentation and Controls Integration associated with Item A25
C8AL1 $ 20,000.0020,000.00$
Linestops associated with Item A25
C9 AL1 $ 60,000.0060,000.00$
SUBTOTAL PART C - ALLOWANCES (Items C1 thru C9)$ 4,392,140.00
Part I - ADDITIVE ALTERNATIVE No.1
I1East Chemical Facilities: Sitework and DemolitionLS1$ 361,000.00361,000.00$
I2East Chemical Facilities: StructuralLS1$ 661,000.00661,000.00$
I3East Chemical Facilities: E&ICLS1$ 330,000.00330,000.00$
I4East Chemical Facilities: Chemical Process Mechanical & Feed ImprovementsLS1$ 1,258,000.001,258,000.00$
Part J - ADDITIVE ALTERNATIVE No.2
Inlet Channel Modifications and Cast-in place Concrete Ported Baffle Improvements
J1LS1 $ 2,971,000.002,971,000.00$
Inlet Channel Modifications and Steel Baffle Improvements
J2LS1 $ 2,486,000.002,486,000.00$
Inlet Channel Modifications and Precast Concrete Ported Baffle Improvements
J3LS1 $ 2,400,000.002,400,000.00$
TOTAL BASE BID 81,669,500.00$
**** Notes regarding any bidder deemed Non-Responsive or Non-Responsible*****
Page1of1
thru
20242026
Capital Improvement Plan
Cit
y of Corpus Christi, Texas
Project #
E17047
Project Name
ONSWTP Raw Water Influx/Chem Facilities Imp
Water Department
Department
Improvement/Additions
Type
40 yearsDirector of Water Utilities
Useful LifeContact
Water Treatment
Category
Critical-Health & Safety
Priority
Council District 1
Status Active
Description
Justification
This project will allow the Plant to meet upcoming demand as projected by the Texas Water Development Board, increase treatment capacity and
improve treatment efficiency.
ExpendituresPrior Years202420252026Total
Construction/Rehab 25,000,00025,000,00015,000,00065,000,000
Design 2,144,9482,144,948
Contingency 00,00000,000500,0001,00,000
Eng, Admin Reimbursements 244,1741,000,0001,000,0001,000,0003,244,174
Total
Funding SourcesPrior Years202420252026Total
PAYGO 57,59357,593
Revenue Bonds
2,331,52971,31,529
2,389,122
Total
Budget Impact/Other
A assessment will be done upon completion of project to determinemaintenance costs. The cost to treat water should be reduced due to
increased plant efficiencies.
368
thru
20242026
Capital Improvement Plan
City of Corpus Christi, Texas
Project #
E17047
Project Name
ONSWTP Raw Water Influx/Chem Facilities Imp
Water Department
Department
Improvement/Additions
Type
40 yearsDirector of Water Utilities
Useful LifeContact
Water Treatment
Category
Critical-Health & Safety
Priority
Council District 1
Status Active
Description
Justification
This project will allow the Plant to meet upcoming demand as projected by the Texas Water Development Board, increase treatment capacity and
improve treatment efficiency.
ExpendituresPrior Years202420252026Total
Construction/Rehab
Design 2,144,948
Contingency
00,000
Eng, Admin Reimbursements 244,1741,000,0001,000,0001,000,0003,244,174
Total
Funding SourcesPrior Years202420252026Total
PAYGO 57,59357,593
Revenue Bonds
2,331,529
2,389,122
Total
Budget Impact/Other
A assessment will be done upon completion of project to determinemaintenance costs. The cost to treat water should be reduced due to
increased plant efficiencies.
O.N. Stevens Water Treatment Plant
Raw Water influent and Chemical
Facilities Improvements
Council Presentation
March 19, 2024
1
Project Location
2
Project Scope
Constructionofthisprojectwillinclude:
•Installationof2,700linearfeetof54-inch,350linearfeetof72-inch,160
linearfeetof84-inch,and370linearfeetof108-inchnewsitepiping
•Newinfrastructureconsistingofrawwatermeteringstation,rawwater
junction,flashmixandsplitter,andpumpdiffusionstructures
•UpgradestotheEastChemicalfacilities,InletChannelmodificationsand
bafflingimprovements
3
Project Schedule
2008- 20232023-20242024-2027
May - NovemberNov - MarchApril - June
DesignBid/AwardConstruction
Projected schedule reflects City Council award in March 2024 with
anticipated completion in June 2027.
4
AGENDA MEMORANDUM
City Council Meeting of March 19, 2024
DATE: January 30, 2024
TO: Peter Zanoni, City Manager
FROM: Robert Dodd, Director of Parks and Recreation Department
RobertD4@cctexas.com
(361) 826-3133
Briefing from the Parks & Recreation Department Regarding the 10-Year Parks &
Recreation Master Plan
STAFF PRESENTER(S):
Name Title/Position Department
1. Robert Dodd Director Parks & Recreation
BACKGROUND:
On July 19, 2022, City Council passed an ordinance adopting the 10-Year Parks and Recreation
Master Plan, -
The 10-Yr Master Plan, defined four goals and recommended 63 implementation strategies to
assist in completing each of the goals. The Master Plan Goals are:
1. Parks System Growth and Access
2. Parks System Investments
3. Recreational Programming
4. Administration and Operations
LIST OF SUPPORTING DOCUMENTS:
Presentation PARD Briefing
ParksandRecreation
10-YearStrategic
MasterPlanBriefing
City Council Meeting
March 19, 2024
The 10-Year Parks and Recreation Master Plan defines four goals and the implementation
strategies to assist in completing each goal. Approved by City Council on July 19, 2022,
the plan is also used to assist with annual budget initiatives and long-term CIP project
w
identification.
e
i
v
Master Plan Goals
r
e
1. Parks System Growth & Access
v
2. Parks System Investments
3. Recreational Programming
O
4. Administration & Operations
n
a
l
P
s
s
1.1.3. Trail Network Level of Service
e
c
Expand the city-wide trails network & increase the percentage of
c
A
residential areas that are within a ½ mile of a trail.
&
h
t
:
PROGRESS
1
w
o
L
Holly Roadto Carroll Lane Trail
r
TheParks & Recreation Department (PARD)
A
G
will continue to work with developers,
O
consultants & other City departments to
m
G
introduce additional trail networks.
e
t
s
Train Trestle Bridge Project
y
The City has secured a $13 million dollar
S
grant from TXDOT for construction of a 15-
s
foot-wide shared-use path & a new pedestrian
k
bridge across Oso Bay which will connect
r
Holly Road and Flour Bluff.
a
3
P
2.1.2. Asset Management Plan
Schedule parks system asset management
s
t
via a digital asset management system.
n
e
PROGRESS
m
t
PARD is now utilizing Maximo to
s
schedule/manage park assets.
e
:
v
2
n
I
L
2.1.5. Branding Program
A
m Prepare a system-wide branding/signage
O
e
plan and guidelines.
t
G
s
y
PROGRESS
S
PARD has completed a system-wide
s
branding/signage plan and is in the process of
k
r
replacing deteriorated/outdated signage at
a
recreation facilities as part of a FY24 Budget
P
Initiative.
4
s
t
2.1.12. Conceptual
n
Development Plans
e
Prepare illustrative master
m
t
plans for the development
s
e
:
and/or redevelopment of
v
2
municipal parks.
n
I
L
A
PROGRESS
m
O
e
t
Master plan for Sherrill Veterans
G
s
Memorial Park has been completed.
y
S
PARD continues to work on the
s
Labonte Park, Cole Park, and
k
r
Commodore Park Master Plans.
a
P
s
t
n
2.2.2. Athletic Fields
e
Upgrade regional and
m
community park athletic
t
s
fields for organized play.
e
:
v
2
n
I
L
PROGRESS
A
m
Greenwood Sports Complex
O
e
improvements funded by Bond 2022.
t
G
s
y
Athletic Field Maintenance Program
S
Crews have been hired to maintain
s
athletic ball fields to competitive
k
standards.
r
a
P
6
s
2.2.5. Shade Structures
t
Provide additional shade
n
in municipal parks
e
through the selective
m
t
placement of structures
s
and targeted plantings.
e
:
v
2
n
I
L
PROGRESS
A
m
New shade structures have been installed at Labonte
O
e
t
Park.
G
s
y
PARD will continue to install shade structures for
S
playground units and general picnic/seating areas
s
throughout City parks.
k
r
a Over 200 trees have been planted throughout the
P City and another 240 are expected to be planted
before the end of the year.
7
3.1.4. Recreational Program Additions
3.2.3 Online Parks Mapping Tool
g
Diversify recreational program portfolio to
Prepare and activate online tools that improve
n
i
maximize utilization of recreational amenities; to
public knowledge of system-wide facility
m maintain appropriate program life cycle balances.
offerings.
m
a
PROGRESSPROGRESS
r
:
g
3
Adult sports league programming is being piloted An interactive mapping tool is live on the Parks and
o
this spring. Current leagues include Adult Softball, Recreation home page in which users can scroll
r
L
Competitive and Recreational Adult Volleyball, through a catalog of City parks and amenities.
P
A
Men’s Recreational and Competitive Basketball, and
l
O
a
adult drop-in leagues for both volleyball and
n
basketball.
G
o
i
t
a
e
r
c
e
R
3.2.4. Community Events
g
Continue to promote/expand
n
i
family-oriented programming,
m
special events, festivals/concerts
to enhance community identity,
m
activity, and education.
a
r
:
g
3
PROGRESS
o
r
L
Oogie Boogie Bash
P
A
l
Halloween outdoor event which will be a
O
a
reoccurring community event due to a successful
n
G
turnout.
o
i
t
Our Special Events Coordinator has been working
a
to bring more interactive events to our area such
e
r
as the K-POP Bash, tentatively scheduled for
c
th
February 25.
e
R
9
s
4.1.4. Parks & Recreation Advisory Committee (PRAC) Strategic Plan
n
Prepare a strategic action plan for PRAC that clearly defines their role and priorities for plan
o
i
implementation.
t
a
r
PROGRESS
e
p
PRAC created a subcommittee to work towards completing this goal and in January 2023,they
:
O
passed a Resolution approving their Strategic Action Plan (SAP). The SAP is a living document
4
stating clear objectives and prioritizesspecific strategies to enhance engagement with facility users.
&
L
n
Accomplishments to date:
A
o
•Communication: Informational/QR Code Signage throughout parks regarding
i
O
t
Improvements/Adopt-A-Park.
a
G
•Improvements to PARD homepage/website: Webpage created to aggregate the Committee's
r
t
information in one place to promote awareness of PRAC.
s
•Promotion of Adopt-A-Park Program: Subcommittee created to increase effectiveness of the
i
program.
n
i
The PRAC Strategic Action subcommittee will reconvene this year to discuss further
m
initiatives to prioritize.
d
A
10
The Parks & Recreation Department continues to
maintain strategic partnerships with various
organizations throughout the City to enhance the
s
overall quality of life experience for both residents
p
i
and visitors.
h
s
r
Community Partners include but are
e
n
not limited to:
t
r
•V Fit
a
•Buccaneer Commission
P
•Beach to Bay
c
•Downtown Management District
i
•Visit Corpus Christi
g
e
•Friends of Old Bayview Cemetery
t
a
r
t
S
11
Questions?
12