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HomeMy WebLinkAboutAgenda Packet City Council - 08/13/2024 Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday,August 13, 2024 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Pastor James Miller with Bridge of Life Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Luna Pinon, 3rd grader at Windsor Park Elementary. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 -2) 1. 24-1330 Introduction of Mike Walsh, P.E., TxDOT District Engineer- Corpus Christi 2. 24-1327 Update on City Pools and Splash Pads Season, and Gulf and Bay Beach Lifeguard Schedule City of Corpus Christi Page 1 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 F. PUBLIC COMMENT-APPROXIMATELY 12:00 P.M. To speak during this public comment period on a city-related matter or agenda item, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Communications Department at least 24 hours prior to the Meeting. Please contact Communications at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. CONSIDERATION OF MAX TAX RATE: (ITEM 3) 3. 24-1323 Resolution to consider setting the maximum ad valorem tax rate of no more than $0.599774 per$100 valuation for Fiscal Year (FY) 2025, taking a record vote, and setting the date for the City of Corpus Christi's proposed FY 2025 budget and proposed FY 2025 ad valorem tax rate public hearings and first reading ordinances on September 3, 2024, with adoption of the FY 2025 budget and FY 2025 ad valorem tax rate on September 10, 2024. sponsors: Finance &Procurement H. BOARD &COMMITTEE APPOINTMENTS: (ITEM 4) 4. 24-1311 Arts & Cultural Commission (4 vacancies) Construction Trade Advisory & Appeals Board (1 Vacancy) Ethics Commission (4 vacancies) Parks & Recreation Advisory Committee (5 vacancies) Sister City Committee (3 vacancies) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 5 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining City of Corpus Christi Page 2 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 items will be adopted by one vote. 5. 24-1334 Approval of the July 30, 2024 Regular Meeting Minutes, and August 1, 2024 Special Meeting Minutes and Budget Workshop Minutes Consent-Second Reading Ordinances 6. 24-1211 Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. sponsors: City Secretary's Office 7. 24-1102 Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. sponsors: Health Department 8. 24-1105 Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services Consent- Contracts and Procurement 9. 24-1167 Resolution authorizing the purchase and installation of five new Rockland custom fire cabinets for the Corpus Christi Fire Department's Command Operations Vehicles from C&S Plating and Bumper Recycling, dba C&S Truck and Van Equipment, of Corpus Christi, Texas, in an amount up to $62,375.00, with FY 2024 funding in the amount of$62,375.00 from the Fire Grants Fund. sponsors: Fire Department and Finance & Procurement 10. 24-1109 Resolution authorizing the purchase of one new re-purposed shipping container extensively modified to be used as a firefighter training device for the Corpus Christi Fire Department from Taylor'd Systems, of Spokane Valley, Washington, in the amount of$76,275.00, with FY 2024 funding City of Corpus Christi Page 3 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 from the General Fund. Sponsors: Fire Department and Finance & Procurement 11. 24-1056 Motion authorizing execution of a one-year supply agreement, with a one-year option, with Pencco, Inc., of San Felipe, Texas, in an amount not to exceed $251,100.00, with a potential up to $502,200.00 if the option is exercised, for hydrofluorosilicic acid for fluoride treatment in the water system by Corpus Christi Water, with FY 2024 funding of$41,833.33 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 12. 24-0933 Motion authorizing execution of a 36-month agreement with Samsara Inc., of San Francisco, California, through the Sourcewell Cooperative, for the purchase of licenses, hardware, and accessories for dual-facing dash camera safety system for Corpus Christi Water vehicles in the amount of $591,067.00, with FY 2024 funding of$196,524.00 from the Wastewater and Water Funds. Sponsors: Corpus Christi Water and Finance &Procurement Consent- Capital Projects 13. 24-1250 Motion awarding a Master Services Agreement for Citywide Wastewater IDIQ to Halff Associates, Inc., Corpus Christi, Texas, in an amount up to $200,000.00 for the design of wastewater line that will be rehabilitated or replaced, with a one-year renewal option to be administratively authorized for a total amount not to exceed $400,000.00, with projects located Citywide, with FY 2024 funding available from Wastewater Capital Fund. Sponsors: Contracts and Procurement, Engineering Services and Water Utilities Department General Consent Items 14. 24-1159 Resolution authorizing the City to purchase 25 trash receptacles from Victor Stanley, Inc. in the amount of$76,495.00. Project recommended by the Downtown Management District and approved by the TIRZ #3 board, to be received by the Public Works Department, and installed by a City Public Works Department contractor, with the oversight of the City's Public Works Department. Sponsors: Economic Development Consent-First Reading Ordinances 15. 24-1287 Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the Broadway Wastewater Treatment Facility and the Oso Water City of Corpus Christi Page 4 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 Reclamation Plant, providing for a penalty not to exceed $2,000 and publication. Sponsors: Corpus Christi Water 16. 24-1230 Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. Sponsors: Legal Department 17. 24-1221 Ordinance authorizing acceptance and amendments of Texas Beach Watch (TBW) Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing position to be funded by this grant and appropriating $140,000.00 in the Health Grant Fund. Sponsors: Health Department 18. 24-1324 Ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of Corpus Christi, Texas; dissolving the tax increment fund for the zone; dissolving the board of directors for the zone; providing an effective date; and appropriating and transferring related funds as necessary. Sponsors: Economic Development 19. 24-1216 Ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 Internship program; appropriating $15,000 from the unreserved fund balance of the Type B fund; and amending the budget. Sponsors: Economic Development K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 20 - 26) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 20. 24-1195 Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, consents to staff recommendation.) City of Corpus Christi Page 5 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 Planning Commission and Staff recommend approval. Sponsors: Development Services 21. 24-1241 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). Sponsors: Development Services 22. 24-1316 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). Sponsors: Development Services 23. 24-1317 Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). Sponsors: Development Services 24. 24-1318 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,835.50 to reimburse the developer in accordance with the agreement. (District 3). Sponsors: Development Services 25. 24-1242 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of City of Corpus Christi Page 6 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). sponsors: Development Services 26. 24-1315 Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rats fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5) sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 30) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 27. 24-1229 Motion authorizing the City Manager to execute a four-year collective bargaining agreement, effective October 1, 2024 with the Corpus Christi Professional Firefighters' Association for wages, benefits, and working conditions, as approved by the Corpus Christi Professional Firefighters Association from July 8 through July 10, 2024. sponsors: Fire Department 28. 24-1249 One reading ordinance calling for a special election for the Bond 2024 Program to be held on November 5, 2024, in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $175 million without a City property tax rate increase to fund 38 projects under the following propositions: Streets ($89.5 million), Parks ($37.65 million), Public Safety ($45 million) and Cultural Facilities ($2.85 million). sponsors: Engineering Services 29. 24-1325 One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent for financing the Downtown Seawall Flood Control structures including the maintenance and improvements to the entire seawall structure including the breakwater, salt flat levee, T and L Head land masses, Marina basin, and flood control pumps and other city-wide stormwater, flood control, drainage, and coastal resiliency projects; and allow the City to enter into a joint election agreement with Nueces County. sponsors: City Manager's Office and Economic Development 30. 24-1326 One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to City of Corpus Christi Page 7 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 Type B sales tax funding utilizing an existing 1/8 cent by allocating 50% of the annual sales tax collections to financing infrastructure improvements to City-wide Arterial and Collector street projects and 50% of the annual sales tax collection for improvements to city-owned recreation and community facilities within the Sports, Entertainment, and Arts (SEA) District (The Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena ; and allow the City to enter into a joint election agreement with Nueces County. sponsors: City Manager's Office and Economic Development N. BRIEFINGS: (ITEMS 31 - 32) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. 31. 24-1065 Nueces Center for Mental Health and Intellectual Disabilities Briefing on providing citizens living with mental illnesses with comprehensive psychiatric evaluation and treatment services, medications, and wellness services. 32. 24-0699 Coastal Bend Air Quality Partnership (CBAQP) Overview, presented by Sharon B. Murphy, President of the CBAQP Sponsors: Health Department O. EXECUTIVE SESSION: (ITEMS 33 -35) PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. If the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding officer. The City Council may deliberate and take action in open session on any issue that may be discussed in executive session. The description of an item in "Executive Sessions" constitutes the written interpretation by the City Attorney of Chapter 551 of the Texas Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 33. 24-1256 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and judges of the Municipal Court and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or City of Corpus Christi Page 8 Printed on 811212024 City Council Meeting Agenda-Final-revised August 13, 2024 employee (including the City's appointed Part Time Judge #4). 34. 24-1228 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. 35. 24-1275 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Auditor and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Auditor). P. ADJOURNMENT City of Corpus Christi Page 9 Printed on 811212024 1sL1lI.1� �a..�.IXikRRY�sLYe�L1�Y!.Ri wl1i.u Iw�orYeeaRRsri YeatlwsilwY+M6�Wfi.Rl wf`R�RRRl�er Pa yyC—t�-J R4. A4—L XM ReY�e�y Yf.Rte Li'aPYYd'PR��7w'PPRw.railRieYR�lyd M3oes.GyRP�tw��r-«•-a+nw, RY.traa.w�.�:!.�arrcrs��t»ao.s�BaPrrw�iRotra, e.Rwr.. w wedeien4vee MrEFn RRr wYelw e�oe�ew✓1a■YYW.Ie RRpr�a6Wry'w�q!'rar!��Rotlre a�lew�eamti w•r+i W lorta Y�el,N 9RL eei if Me�aliiwP Rw�f+ ��elPPi l2. �>Q Lk`+4�na tiN a er!!49wn+w R�nn ti1TFM�PaF�I W4�1 115�lw�wn�M crMrw/r wA`RA�'h`ra/wort rM[aF�r'iiM41 w�9d M ne MM ilF4nR#W f��!.4 M� 9`Mvil.wi!.l.t#.4��nwaYl441F'!'P4sWirra+rriYM4 w�rfF�w rs��w b'tl�e Fwa= ti 20.7LM4�nFYPR[ser4�Yl4bsk wYSMRiR6tl�R!'lAR�tiwww 4wPe�.nRlwaewbtL�ay`�b�oAR�'PRti1�11w�Ps��0�4la FMarw nRdR 4nw� 4iR v!v!A{rRw C4�R.iSv��Y4�e�raTl�Rw4\A�lilr P�'R4"P'lnTwtlrRl� !Mle.ea�'a e�rNRl�we�R'4Y�+�Owe�w[Yi�tl R!�/elrti br0lYSiM1'k {pe GMPL YMYk lI mall d G.5[I ga.ew. e�YW VI!Wµi®Y 14ras�ryT^+lP3 d 1 erA.'Y.!'M'ei� DRAFT • CORPUS CHRISTI PARKS& RECREATION End of Summer Parks & Recreation Department Updates City Council Meeting August 13, 2024 *=L DRAFT Important Dates << CORPUS CHRISTI PARKSS. • City Splash pads close September 3, 2024 AE�AEAT,o� • City Pools close August 11, 2024 • Two pools are open year-round, the Natatorium and Collier Pool. • Beach & Gulf Lifeguards maintain full staffing through Labor Day weekend. • Tryouts for Winter/PT Permanent Lifeguards will start shortly after. . - ....tea+. W 'I Am-k Life uaiublic Safety Y r CORPUS CHRISTI PARK56 Lifeguard Staff Totals $250 Incentives Earned Pools & Splashpads 35 56 Pools & Splashpads 25 Beach & Gulf 30 40 Beach & Gulf 22 x Earned by working at least 10 weeks of the season Public Safety Ak AN t Preventative Interactions 13,000 (any interaction with a beach visitor to prevent a safety incident) Safety Incidents 1,077 (� Deaths 0 3 s cr �o � o� fa y9gP00.pE zs52 AGENDA MEMORANDUM Action Item for the City Council Meeting of August 13, 2024 DATE: August 2, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Assistant City Manager Heatherh3@cctexas.com (361) 826-3506 Set the maximum Fiscal Year 2025 Tax Rate at $0.599774 per $100 valuation, take record vote, and schedule a public hearing for FY 2025 Budget and Tax Rate CAPTION: Resolution to consider setting the maximum ad valorem tax rate of no more than $0.599774 per$100 valuation for Fiscal Year (FY) 2025, taking a record vote, and setting the date for the City of Corpus Christi's proposed FY 2025 budget and proposed FY 2025 ad valorem tax rate public hearings and first reading ordinances on September 3, 2024, with adoption of the FY 2025 budget and FY 2025 ad valorem tax rate on September 10, 2024. SUMMARY: The City of Corpus Christi is proposing a maximum tax rate of no more than $0.599774 per $100 valuation for FY 2025. The Texas Tax Code requires that the City Council take a record vote when the proposed property tax rate is anticipated to be above the no-new- revenue tax rate and to approve a resolution to set the date for the public hearing on the proposed tax rate when the tax rate exceeds the lower of the no-new-revenue tax rate or the voter-approval tax rate. BACKGROUND AND FINDINGS: The Texas Constitution requires that local taxing units make taxpayers aware of tax rate proposals and to afford them the opportunity to limit tax increases. This is accomplished through a concept called Truth-in-Taxation (TNT). TNT requires that a record vote be taken by the governing body to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item and hold a public hearing if the proposed maximum property tax rate exceeds the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower. The City is proposing a tax rate of no more than $0.599774 per$100 valuation which is above the estimated no-new-revenue rate of $0.565672 per $100 valuation but below the voter-approval tax rate of $0.621255 per $100 valuation. The Nueces County Tax Office provides the City with the TNT worksheet, which calculates the no-new-revenue tax rate and voter-approval tax rate, during the first week of August. When the proposed FY 2025 tax rate exceeds the lower of the no-new- revenue tax rate or the voter-approval tax rate, the Tax Code requires the governing body to hold one public hearing. The public hearing allows the public an opportunity to speak on the proposed tax rate prior to adoption. The public hearing for the FY 2025 budget and proposed tax rate will be held on September 3, 2024; as well as the first reading of the ordinance for adoption of the FY 2025 budget and the first reading of the ordinance for adoption of the FY 2025 tax rate. The vote for the final adoption of the budget and tax rate is scheduled to be held on September 10, 2024. Additionally, in compliance with the TNT guidelines, the proposed property tax rate, the no-new-revenue tax rate, and the voter-approval tax rate will be published at least seven (7) days before the public hearing. The notice for the City's proposed tax rate is anticipated to be published in the Corpus Christi Caller-Times on August 18, 2024. This record vote sets the maximum tax rate that can be adopted by City Council. City Council can adopt a tax rate that is lower than $0.599774 per $100 valuation but not one than exceeds without having another record vote. Taxes will be levied in October, once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: N/A FISCAL IMPACT: The City proposes setting a tax rate of$0.599774 per$100 valuation which is anticipated to be in excess of the no-new-revenue tax rate. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution to consider a proposed ad valorem tax rate of no more than $0.599774 per $100 valuation for Fiscal Year (FY) 2025 and taking a record vote; setting the date for the City's proposed FY 2025 budget and proposed FY 2025 ad valorem tax rate public hearings and first reading ordinances on September 3, 2024, with adoption of the FY 2025 budget and FY 2025 ad valorem tax rate on September 10, 2024. WHEREAS, Texas Local Government Code Section 102.006 requires the governing body to hold a public hearing on the budget and provides that the governing body shall set the budget public hearing for a date occurring after the 15th day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy; WHEREAS, Texas Tax Code Section 26.04(c) provides that, after the assessor for the taxing unit submits the appraisal roll for the taxing unit to the governing body, an officer or employee designated by the governing body shall calculate the no-new-revenue tax rate and the voter-approval tax rate for the taxing unit; WHEREAS, Texas Tax Code Section 26.05(d) provides that the governing body may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no- new- revenue tax rate until the governing body has held a public hearing on the proposed tax rate; WHEREAS, Texas Tax Code Section 26.05(d-1) provides that the governing body may not hold a public hearing on a proposed tax rate or a public meeting to adopt a tax rate until the fifth day after the date the chief appraiser of each appraisal district in which the taxing unit participates delivers the notices required by Section 26.04(e-2) and complied with Section 26.17(f); and WHEREAS, Texas Tax Code Section 26.06(a) provides that a public hearing may not be held before the fifth day after the date the notice of the public hearing is given; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A proposal to consider an ad valorem tax rate of no more than $0.599774 per $100 valuation for the City's fiscal year (FY) 2024-2025 has been introduced, considered, and voted upon by a record vote. SECTION 2. The public hearing for the budget for the City's FY 2024-2025 will be held on Tuesday September 3, 2024, during the City Council meeting, which meeting begins at 11 .30 a.m. SECTION 3. The first reading of the ordinance to adopt the budget for FY 2024-2025 is set for Tuesday September 3, 2024, during the City Council meeting, which meeting begins at 11 .30 a.m. SECTION 4. The public hearing for the FY 2024-2025 proposed ad valorem tax rate will be held on Tuesday, September 3, 2024, during the City Council meeting, which meeting begins at 11.30 a.m. SECTION 5. The first reading of the ordinance to adopt the FY 2024-2025 ad valorem tax rate is set for Tuesday September 3, 2024, during the City Council meeting, which meeting begins at 11 .30 a.m. SECTION 6. The second and final reading of the ordinance for the adoption of the FY 2024-2025 budget is set for Tuesday, September 10, 2024, during the City Council meeting, which meeting begins at 11.30 a.m. SECTION 7. The second and final reading of the ordinance for the adoption of the FY 2024-2025 ad valorem tax rate is set for Tuesday, September 10, 2024, during the City Council meeting, which meeting begins at 11.30 a.m. PASSED AND APPROVED on the day of ' 2024-. Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor DRAFT Record Vote to Set the Maximum Ad Valorem Tax Rate ( Council Presentation August 13, 2024 RA FT Tru -m Taxation Texas Constitution • Requires local taxing units to make taxpayers aware of tax rate proposals and to afford taxpayers the opportunity to limit tax increases.This is accomplished through a concept called Truth-In-Taxation (TNT). Tax Code Chapter 26 1 • Defines calculation, notices and hearings Defined . • Draft a budget • Calculate the tax rate • Publish notice • Hold a public hearing •Adopt a tax rate • Hold election if necessary DRAFT Truth in axation Definitions No-New-Revenue Tax Rate(NNR) -The rate that effectively produces the same revenue as the prior tax year based on the new appraised value of the same base property. Vote A. . . . . E The maximum rate that can be adopted before triggering an automatic election for approval. No-New-Revenue Maintenance . • . (M&O) Rate .The rate that produces the same revenue for maintenance and operations as prior tax year. This rate is can only increase up to 3.5%or an election is automatically triggered Interest and Sinking(I &S) Rate -The portion of the tax rate for debt service.This portion of the tax rate is based on the required debt service for the year and is not subject to the 3.5%limitation. Unused Increment F-The increment between the adopted tax rate and the voter approval tax rate. This increment can be rolled for up to 3 tax years and applied to the voter approval tax rate total. DRAFT Truth-in- jL axation Actions • TNT requires that a record vote be taken by the governing body to set a maximum tax rate ceiling if the proposed rate is greater than the estimated No-New-Revenue tax rate. • The proposed budget was built with the assumption of a tax rate of .599774 per $100 valuation, or the same tax rate as FY 2024. • The estimated No-New-Revenue tax rate is .565672 per $100 valuation and the estimated Voter-Approval-Tax rate is .644212 per $100 valuation. • Once the maximum tax rate ceiling is approved, City Council can approve a lower tax rate but cannot increase the tax rate above the ceiling without another record vote. DRAFT Recommendation • Set a maximum tax rate ceiling of .599774 per $100 valuation, or the same tax rate as FY 2024 • Call a public hearing on the FY2025 Budget and the FY2025 Tax Rate to be held on September 3, 2024 ARTS&CULTURAL COMMISSION Four(4)vacancies with terms ending 9-1-25 and 9-1-2027,representing the following preferred but not required categories:I-Visual Arts,1-Economic Dev./Tourism,I -Marketing and 1-Public Art/Public Space.(Mayoral appointment subject to confirmation by Council). Duties The Arts&Cultural Commission recommends the use,location,lease or purchase of works of art to be considered a part of the beautification or cultural development of the City;to advise owners of private property in relation to beautification of their properties;to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned;to advise with respect to the design of buildings,bridges or other structures on city property if submitted to the Commission;to study and evaluate the activities in and the uses made of the Bayfront Arts&Science Park,and to plan the Park's development forfuture activities and uses. Composition Nine(9)members appointed by the Mayor subject to confirmation by the Council forthree-year terms to provide advice on beautification and cultural development of the City. Membership in one or more of the following categories is preferred but not required:Marketing representative,Economic Development/Tourism representative,Public Space/Public Art representative,Youth/Education representative,PerformingArts representative,Visual Arts representative,Architecture representative,Higher Education representative,and Business Development Groups/Corporate representative.The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. Creation/Authority Sec.2-100,Code of Ordinances. Ord.No.8288-12-21-66;8894-6-5-68;9758-5-20-70;19663-3-10-87;M89-0239-8-29-89;20294-5-3-88;20674-5-16-89.023432-9-8-98; 028819-10/26/10;Ordinance 032058-3-17-2020 Meets Member size Term Length/Limit Liaison 4th Tuesday of every month 4:00 p.m.,Galvan House- 9 3years/6years Eleanor Miceli Heritage Park,1581 N.Chaparral,Corpus Christi,TX 78401 Name District Term Appt.date End date Appointing Authority Status Category Attendance Mayor with Council Sara Sells Morgan District 2 1 8/10/2021 9/1/2024 Confirmation Seeking reappointment Visual Arts 9/9 meetings-100% Abu N M Mayor with Council Met the six-year service Waheeduzzaman Districts 2 2/26/2019 9/1/2024 Confirmation limitation Economic Dev./Tourism Mayor with Council Exceeded the number of Wallace W Echols District 4 1 7/16/2019 9/1/2024 Confirmation absences allowed Marketing Mayor with Council Exceeded the number of Jody Perkes Hughes District 2 2 8/27/2019 9/1/2025 Confirmation absences allowed iPublicArt/Public Space 8-13-2024 Name District Term Appt.date End date Appointing Authority Status Category Attendance Mayor with Council James Moore District 2 2 8/27/2019 9/1/2025 Confirmation Active/Chair Performing Arts Mayor with Council Emily M Barrera District 5 1 8/9/2022 9/1/2025 Confirmation Active Marketing Mayor with Council Melina M Gosa District 5 1 8/8/2023 9/1/2026 lConfirmation Active Marketing Mayor with Council Simone Sanders District 2 8/18/2020 9/1/2026 Confirmation Active Youth/Education Mayor with Council Business Dev. Ernest De La Garza District 5 1 8/8/2023 9/1/2026 Confirmation Active Groups/Corporate Rep. 8-13-2024 ARTS&CULTURAL COMMISSION Applicant List Name District Status Category Higher Education Oliver Cruz-Milan District4 Applied Economic Development/Tourism Youth/Education Marketing Business Development Groups/Corporate Rep. Alex Garcia District 1 Applied Performing Arts Youth/Education PeggyV. Hatcher District 1 Applied Higher Education Public Art/Public Space Youth/Education Arturo Lima Jr. District 1 Applied Performing Arts Economic Development/Tourism Taylor M. Maas District 4 Applied Marketing Visual Arts Economic Development/Tourism Marketing Mark 1. Marquez II District Applied Performing Arts Seeking Visual Arts Sara Sells Morgan District 2 reappointment Public Art/Public Space Veronica P Ramon District 1 Applied Youth/Education Visual Arts Higher Education Economic Development/Tourism Elena Rodriguez District 2 Applied Marketing Higher Education Rudy Salomon District 2 Applied Business Development Groups/Corporate Rep. Youth/Education Edna Trevino District 3 Applied Higher Education CITY OF CORPUS CHRISTI Submit Date: Jul 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Oliver Cruz-Milan First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 7 Texas A&M University - Corpus Christi Associate Professor Associate Professor Employer Job Title Occupation Work Address - Street Address and Suite Number 6300 Ocean Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78412 Work Phone (361) 825-3256 Oliver Cruz-Milan Work E-mail address Oliver.CruzMilan@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Not applicable Education, Professional and/or Community Activity (Present) Educator at TAMUCC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Not applicable Why are you interested in serving on a City board, commission or committee? I received an invitation through e-mail and I am involved in academic research projects related to arts and culture in Corpus Christi. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes (.- No Oliver Cruz-Milan Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N / A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Oliver Cruz-Milan If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N / A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Higher Education • Economic Development/Tourism Verification Oliver Cruz-Milan City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Oliver Cruz-Milan Dr. Oliver Cruz-Milan Curriculum Vitae Texas A&M University — Corpus Christi Dept. Management& Marketing College of Business O'Connor Building# 386 6300 Ocean Drive, Unit 5808 Office Telephone: (361) 825-3256 Corpus Christi, TX, 78412 E-mail: EDUCATION Ph.D., Marketing, The University of Texas Rio Grande Valley. (2016). M.Sc., Tourism Marketing, Universidad La Salle — Cancun. (2005). B.Sc., Hotel and Restaurant Management, University of Houston. (2002). ACADEMIC APPOINTMENTS Texas A&M University-Corpus Christi,TX. College of Business Associate Professor(Fall 2023- Present) Assistant Professor (Fall 2017- Spring 2023) West Virginia State University,Institute,WV. College of Business and Social Sciences Assistant Professor (Fall 2015- Spring 2017) The University of Texas—Pan American,Edinburg, TX. College of Business Administration Assistant Instructor(Fall 2012- Spring 2015) Universidad TecMilenio, Campus Cancun/Reynosa,Mexico. Graduate Studies Division Adjunct Lecturer (Spring 2010/ Summer 2011) Universidad Aut6noma de Tamaulipas,UAM-RR, Reynosa,Mexico. Adjunct Lecturer (Summer 2011) Universidad del Caribe, Cancun,Mexico. Department of Sustainable Tourism and Hotel Administration Assistant Professor (Spring 2006- Summer 2010) Adjunct Lecturer(Fall 2004-Fall 2005) Universidad Interamericana para el Desarrollo, Cancun,Mexico. Adjunct Lecturer (Fall 2004- Spring 2005) 08121123 Page I of 15 RESEARCH Intellectual Contributions Refereed Journal Articles Cruz-Milan, Oliver(2023). "One Model, One Construct, Different Psychographic Measures: A Comparison of Three Scales of Allocentrism-Psychocentrism," Tourism and Hospitality Research, Vol. 23(4),pp.471-493. (ABDC rating "B") Cruz-Milan, Oliver and Ismael Castillo-Ortiz(2023). "Destination Brand Personality Self- congruity and Crime Perceptions: Effects on Travel Intentions,"Journal of Destination Marketing& Management,Vol. 28, 100781. (ABDC rating "A") Cruz-Milan,Oliver(2023). "Assessing the Role of Venturesomeness in a Destination Consumer- Based Brand Equity Model,"Journal of Hospitality and Tourism Insights,Vol. 6(1),pp. 324-343. (ABDC rating "C") Cruz-Milan, Oliver(2023). "Loyalty in the Time of COVID-19: A Review of the Literature in Tourism Destination Settings,"Frontiers in Psychology,Vol. 14, 1119737 (COB rating "Other") Cruz-Milan, Oliver(2022). "Hotels' Marketing Mix Responses at Insecurity-stricken Destinations: A Study in the US—Mexico Border."International Hospitality Review,Vol. 36 (1),pp. 131-155. (ABDC rating "C") Cruz-Milan, Oliver and Veysel Avsar(2021). "Evaluating the Effects of an Online Marketing Program: The Case of Mexico's National Tourism Promotion Board,"Journal of Global Scholars of Marketing Science, Vol 31 (4),pp. 645-662. (ABDC rating "B") Cruz-Milan, Oliver and Sergio Lagunas-Puls (2021). "Effects of COVID-19 on Variations of Taxpayers in Tourism-Reliant Regions: The Case of the Mexican Caribbean,"Journal of Risk and Financial Management,Vol. 14(12),pp. 578-600. (ABDC rating "B") Cruz-Milan, Oliver(2019). "Integrating Venturesomeness and Consumption Needs: Effects on Destination Choice along the TALC,"Journal of Travel& Tourism Marketing,Vol. 36 (6), pp. 748-768. (ABDC rating "A") Cruz-Milan, Oliver,Joseph J. Simpson,Penny M. Simpson, and Wonseok Choi (2016). "Reassurance or Reason for Concern: Security Forces as a Crisis Management Strategy," Tourism Management, Vol. 56,pp. 114-125. (ABDC rating "A*") Simpson,Joseph J.,Penny M. Simpson, and Oliver Cruz-Milan (2016). "Attitude Towards Immigrants and Security: Effects on Destination-loyal Tourists," Tourism Management,Vol. 57,pp. 373-386. (ABDC rating "A*") Simpson,Penny,Oliver Cruz-Milan and Justin W. Gressel(2014). "Perceived Crime and Violence: Effects on Winter Migrants,"Journal of Travel Research,Vol. 53 (5),pp. 597-609. (ABDC rating "A*") 08121123 Page 2 of 15 Cruz-Milan, Oliver,Ricardo Jimeno-Espadas and Ricardo Sonda-de la Rosa(2014). "Relac16n del Rendimiento de una Empresa,con su Tamaiio,Uso de la Tecnologia,y la Capacitaci6n: Analisis de las PyMEs de Servicios en un Destino Turistico". Teoria y Praxis,Number 15, pp. 36-58.(COB rating "Other") Book Chapters,Encyclopedia Entries, and Book Reviews Cruz-Milan, Oliver(2024). "A Review of Empirical Research on Plog's Psychographics in Tourism."In Mark A. Camilleri (Ed.), Tourism Planning and Destination Marketing, 2nd Edition (pp. 1-32). Leeds,UK: Emerald. (COB rating "Other") Cruz-Milan, Oliver(2022a). "Allocentric". In Dimitrios Buhalis (Ed.), Encyclopedia of Tourism Management and Marketing(pp. 136-139) Cheltenham,UK: Edward Elgar Publishing. (COB rating "Other") Cruz-Milan, Oliver(2022b). "Psychocentric". In Dimitrios Buhalis (Ed.),Encyclopedia of Tourism Management and Marketing(pp. 587-590) Cheltenham,UK: Edward Elgar Publishing. (COB rating "Other") Cruz-Milan, Oliver(2020). "Book Review: Tourism Planning and Development in Latin America",International Journal of Tourism Policy,Vol 10(2),pp.214-215. (COB rating "Other") Cruz-Milan, Oliver(2018). "Plog's Model of Personality-Based Psychographic Traits in Tourism: A Review of Empirical Research." In Mark A. Camilleri (Ed.), Tourism Planning and Destination Marketing(pp.49-74). Bingley,UK: Emerald. (COB rating "Other") Cruz-Milan, Oliver(2017). "Mexico". In Linda L. Lowry (Ed.), The SAGE International Encyclopedia of Travel& Tourism (pp. 824-828)Thousand Oaks, CA: SAGE Publications, Inc. (COB rating "Other") Cruz-Milan, Oliver(2017). "Plog's Model of Typologies of Tourists". In Linda L. Lowry (Ed.), The SAGE International Encyclopedia of Travel& Tourism (pp. 954-956)Thousand Oaks, CA: SAGE Publications,Inc. (COB rating "Other") Cruz-Milan, Oliver(2014). "La Construcc16n Te6rica en la Investigaci6n en Administraci6n y Mercadotecnia Turistica en Mexico."In Juan C.Monterrubio-Cordero and Alvaro L6pez- L6pez(Eds.),De la Dimension Te6rica al Abordaje Empirico del Turismo en Mexico: Perspectivas Multidisciplinarias (pp. 37-50).Mexico: Instituto de Geografia,UNAM, and UAEM.(COB rating "Other") Jimeno-Espadas,Ricardo and Oliver Cruz-Milan (2011). "El Potencial Turistico en el Ejido de Nuevo Xcan, Municipio de Lazaro Cardenas, Quintana Roo."In Jose Pedro Juarez-Sanchez and Benito Ramirez-Valverde (Eds.), Turismo Rural en Mexico: Complemento o Exclusion en el Desarrollo Territorial Rural(pp. 117-148). Puebla,Puebla: Altres Costa-Amic Editores. (COB rating "Other") 08121123 Page 3 of 15 Conference Proceedings and Research Presentations Cruz-Milan, Oliver and Ismael Castillo-Ortiz (2022). "Autocongruencia con Personalidad de la Marca Destino,Percepcion de Riesgo,e Intenciones de Viaje: Estudio en Dos Destinos del Caribe Mexicano."Proceedings of the 2022 annual conference of the Mexican Academy of Tourism Research (AMIT),Tijuana,Mexico. (COB rating "Other") Cruz-Milan, Oliver(2022). "Destination Consumer-Based Brand Equity of Past and Potential Visitors to Corpus Christi, Texas." Presentation at the Research Seminar Series. College of Business, Texas A&M University-Corpus Christi.April 29, Corpus Christi,Texas. (COB rating "Other") Cruz-Milan, Oliver(2021). "The Role of Venturesomeness in Destination Consumer-Based Brand Equity." In Dana E.Harrison (Ed.),Make Em Say "Wow":How Marketers are Wowing Customers. Proceedings of the Society for Marketing Advances (SMA)Annual Conference 2021. (pp. 67-68). Johns Creek,GA: Society for Marketing Advances. (COB rating "Other") Cruz-Milan, Oliver(2020). "Consumer-Based Brand Equity as Predictor of Three Behavioral Intention Outcomes on a Coastal Tourism Destination." In F.Pantoja& S. Wu(Eds.),From Micro to Macro:Dealing with Uncertainties in the Global Marketplace, Developments in Marketing Science. Proceedings of the 2020 Academy of Marketing Science(AMS)Annual Conference. (pp.479-480). Chain, Germany: Springer. (COB rating "Other") Cruz-Milan, Oliver(2019). "Consumer-Based Brand Equity in the Context of an Adventure Tourism Destination: Application of the Brand Resonance Model."Poster presentation at the American Marketing Association 2019 Winter Marketing Educators' Conference, held in Austin, TX(February 22-24). (COB rating "Other") Cruz-Milan, Oliver and Ricardo Jimeno-Espadas (2018). "Antecedents of Tourism Destination Loyalty: The Role of Destination Image, Satisfaction, and Identity Salience." In N. Krey& Patricia Rossi(Ed.),Boundary Blurred:A Seamless Customer Experience in Virtual and Real Spaces. Proceedings of the 2018 Academy of Marketing Science(AMS)Annual Conference. (pp. 37-37). Chain,Germany: Springer(COB rating "Other") Cruz-Milan, Oliver(2018). "Brand Personality Self-Congruity and the Product Life Cycle: Assessment of Behavioral Intentions Toward Tourism Destinations." In N. Krey& Patricia Rossi(Eds.)Back to the Future: Using Marketing Basics to Provide Customer Value. Proceedings of the 2017 Academy of Marketing Science (AMS)Annual Conference (pp. 501- 502).Chain,Germany: Springer(COB rating "Other") Cruz-Milan, Oliver(2014). "Revisiting Tourist Behavior Models in Destination Choice."Poster presentation at the Association for Consumer Research Latin American Conference,held in Guadalajara,Mexico (July 24-26). (COB rating "Other") Cruz-Milan, Oliver(2014). "The Role of Psychographics and Consumption Values/Needs as Predictors of Destination Choice,"Proceedings of the International Council on Hotel, Restaurant, and Institutional Education 2014 Conference held in San Diego,CA(COB rating "Other") 08121123 Page 4 of 15 Cruz-Milan, Oliver(2014). "Spillover Effects from Services to Goods: A Pilot Study of Attitudes and Related Goals."Poster presentation at the American Marketing Association 2014 Winter Marketing Educators' Conference,held in Orlando,FL(February 21-23). (COB rating "Other") Cruz-Milan, Oliver(2014). "How do Consumers Combine/Adapt Culturally Established Discourses of the Body?An Exploratory Study of Hispanic Spa Users." Poster presentation at the American Marketing Association 2014 Winter Marketing Educators' Conference,held in Orlando,FL(February 21-23).(COB rating "Other") Cruz-Milan, Oliver(2013). "Expressing Consumer Dissatisfaction Online: Antecedents and Effects of Negative WOM in Social Media."In Kubacki, Krzysztof(Ed.),Proceedings of the Annual Conference of the Academy of Marketing Science (vol.XXXVI)held in Monterey, CA. (COB rating "Other") Cruz-Milan, Oliver and Ricardo Jimeno-Espadas (2013). "Is Firm Performance related to the Importance of Marketing and Technology Use?An Examination of SMEs in the Sector of Tourism Services."In Kim, Hyun Jeong (Ed.), Proceedings of the 18th Annual Graduate Education and Graduate Student Research Conference in Hospitality and Tourism held in Seattle,WA. (COB rating "Other") Cruz-Milan, Oliver(2012). "From Desire to Necessity: the Role of Emotions,Attitudes, Perception of Loss, and Subjective Norms."In Robinson, Leroy (Ed.),Proceedings of the Annual Conference of the Academy of Marketing Science(vol. XXXII)held in New Orleans, LA. (COB rating "Other") Cruz-Milan, Oliver(2010). "Renovacion de Instalaciones Hoteleras e Indicadores de Desempeno en Cancun, Quintana Roo, Mexico."Memorias de la Convencion Internacional de Estudios Turisticos— Turiciencia 2010 held in Havana, Cuba. (COB rating "Other") Cruz-Milan, Oliver(2009). "Opinion de Empleadores y Representantes de la Industria Turistica en la Zona Norte de Quintana Roo sobre Competencias en Tres Perfiles de Egreso: Planificacion y Desarrollo, Gestion Empresarial y Turismo Alternativo." Congreso Nacional de Educacion Turistica CONAET-AMESTUR held in Tijuana,Mexico. (COB rating "Other") Cruz-Milan, Oliver(2009). "Capacitacion, Inversion y Desempeno en Pequenas y Medianas Empresas de Servicios en Cancun, Quintana Roo." Congreso Internacional sobre Pequenas Empresas 2009 held in Cancun,Mexico. (COB rating "Other") Non-Refereed Publications Cruz-Milan, Oliver(2008). "RevPAR en Cancun por Categorias de 1997-2007". Boletin Turistico de Cancun,Vol. 1,No. 1 (July),pp. 12-14. (COB rating "Other") Research in Progress Bezio,Kelly, James Moore,Andrew Johnson,Tianxing Chu, Lisa Oliver,Michael Starek, Joshua Duttweiler, and Oliver Cruz-Milan. "Achieving Arts and Cultural Equity in South Texas: A Mixed Methods Study."Research Group with Faculty from TAMUCC's College of Liberal 08121123 Page 5 of 15 Arts, College of Business,College of Engineering, and the City of Corpus Christi's Arts & Culture Liaison. Funded by the National Endowment for the Arts(Grant Award# 1909538- 38-23). Cruz-Milan, Oliver. "The Role of Past Visitation on Affective-Cognitive Dimensions of Destination Consumer-Based Brand Equity." Stage: writing draft; Target journal: International Journal of Consumer Studies,ABDC rating "A" Cruz-Milan, Oliver and Ricardo Jimeno-Espadas. "Effects of Identity Salience, Cognitive and Affective Images on Behavioral Intentions towards Two Destination Brands." Stage: writing draft; Target journal:Journal of Relationship Marketing,ABDC rating "B" TEACHING Teaching and Course Design Experience (*hybrid, ^online) Texas A&M University-Corpus Christi(Corpus Christi, TX) Assistant Professor (Fall 2017- Present) Principles of Marketing*^ Advertising and Promotional Strategy *^ Marketing Management(MBA) ^ Marketing in the International Environment(MBA) ^ Marketing Strategy *^ International Marketing Hospitality, Tourism, and Event Marketing^ Branding * Services Marketing Directed Individual Study Internship in Marketing West Virginia State University (Institute,WV) Assistant Professor (Fall 2015- Spring 2017) Principles of Marketing* E-Marketing* Consumer Behavior Branding for Marketing * Services Marketing * Marketing Management * Professional Selling Business Information Skills The University of Texas—Pan American (Edinburg,TX) Assistant Instructor(Fall 2012- Spring 2015) Principles of Marketing Retailing Services Marketing Consumer Behavior 08121123 Page 6 of 15 Universidad Aut6noma de Tamaulipas (Reynosa,Mexico) Adjunct Lecturer (Summer 2011) Marketing Seminar Universidad Tamaulipeca (Reynosa,Mexico) Adjunct Lecturer (Spring 2014) Tourism Promotion Universidad TecMilenio(Reynosa and Cancun,Mexico) Adjunct Lecturer (Spring 2010/ Summer 2011) Strategic Planning(MBA) Marketing(MBA) * Universidad del Caribe (Cancun,Mexico) Assistant Professor (Spring 2006- Summer 2010) Lecturer(Fall 2004-Fall 2005) Tourism Marketing Introduction to Hotel Management Quality in Tourism Services Strategic Hotel Management Advertising and Promotions Universidad Interamericana para el Desarrollo (Cancun,Mexico) Adjunct Lecturer(Fall 2004- Spring 2005) Leadership and Direction Seminar of International Marketing Teaching Assistantship The University of Texas—Pan American, 2014 (Edinburg, TX) Social Media in Business (MBA) Non-Credit Instruction/Guest Lectures Tecnol6gico de Monterrey, 2018 (Queretaro and San Luis Potosi,Mexico) Global Faculty Mobility Program with Texas A&M University-Corpus Christi Marketing and Creativity Product Development and Global Brands Integrated Marketing Communication SERVICE University, College, and Department Service Texas A&M University-Corpus Christi Committee Member, University's International Graduate Scholarship Committee,Texas A&M University-Corpus Christi,(August 2021-August 2024). 08121123 Page 7 of 15 Committee Member,University's Library Committee,Texas A&M University-Corpus Christi, (August 2022-August 2025). Committee Member, Curricula Management and Assessment Committee,College of Business, Texas A&M University-Corpus Christi (August 2018-August 2021;August 2022-August 2026). Committee Member, Strategic Planning Committee, College of Business, Texas A&M University-Corpus Christi (August 2019-August 2021). Committee Member, Research Seminar Steering Committee,College of Business, Texas A&M University-Corpus Christi(August 2018-August 2021). Chair,Marketing Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (July 2024-May 2025). Chair,Marketing Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (September 2023-May 2024). Committee Member,Management Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (January-April 2023). Committee Member,Management Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi(December 2021-April 2022). Committee Member,Marketing Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (January-April 2020). Committee Member,Marketing Faculty Search, Department of Management and Marketing, College of Business,Texas A&M University-Corpus Christi (May-September 2019). Committee Member,Marketing Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (April-May 2018). Committee Member,Marketing Faculty Search,Department of Management and Marketing, College of Business, Texas A&M University-Corpus Christi (September-November 2017). Committee Member,Library Committee, Department of Management and Marketing,College of Business, Texas A&M University-Corpus Christi(August 2017-August 2018;August 2021- August 2024). Committee Member,Web Conferencing Solutions Review Task Force,University, Texas A&M University-Corpus Christi,(December 2020-April 2021). Member, Peer-Observation of Teaching for Promotion&Tenure Task Force, College of Business, Texas A&M University-Corpus Christi (August-September 2022). Member and Chair of Sub-Committee/Working Group 3,Internationalization Task Force, College of Business, Texas A&M University-Corpus Christi (January 2022-May 2022). 08121123 Page 8 of 15 Member,Data Analytics Task Force, College of Business,Texas A&M University-Corpus Christi (January 2022-May 2022). Prior Institutions Committee Member,Faculty Grievance Standing Committee of the Faculty Senate,West Virginia State University,Institute,West Virginia(August 2016-May 2017). Committee Member, Constitution,By-laws, and Faculty Handbook Standing Committee of the Faculty Senate,West Virginia State University, Institute,West Virginia(August 2015-May 2017). Committee Member, Recruitment and Retention Committee in the College of Business and Social Sciences,West Virginia State University, Institute,West Virginia(August 2015-August 2016). Committee Member,Business Summit Committee in the College of Business and Social Sciences,West Virginia State University, Institute,West Virginia(August 2015-August 2016). Panel Participant, "Perfecting your Proposal Defense"Graduate Workshop. Office of Graduate Studies,University of Texas—Pan American,Edinburg,Texas(November 1 lth,2014). Committee Member, College Council Awards Committee. College of Business Administration, University of Texas—Pan American,Edinburg, Texas(February 2013). Committee Member,Annual Tourism Seminar Organizer Committee. Department of Sustainable Tourism, Gastronomy, and Hotel Administration,Universidad del Caribe, Cancun,Mexico (2006 -2010). Coordinator, Academic Curriculum Design and Revision Taskforce. Program of Sustainable Tourism and Hotel Administration,Universidad del Caribe,Cancun,Mexico (2007 -2008). Professional Service Journals,Books,and Conferences Member,Editorial Board, Journal of Relationship Marketing (2024-Present) Member,Editorial Board, Journal of Destination Marketing and Management(2023-Present) Member,Editorial Board,Zincografia(2017-Present) Reviewer,Journal Articles,Journal of Product and Brand Management(2017 to 2021) Reviewer,Journal Articles,Tourism Management(2015 to 2024) Reviewer,Journal Articles,Journal of Tourism and Hospitality Insights(2023) 08121123 Page 9 of 15 Reviewer,Journal Article,Frontiers in Psychology (2023) Reviewer,Journal Article,Tourism and Hospitality (2020) Reviewer,Journal Articles,Theoretical Economics Letters(2017,2019) Reviewer,Journal Article, International Journal of Hospitality Management(2017) Reviewer,Book Chapter,Tourism Planning and Destination Marketing (2018) Reviewers, Book Chapter, Universidad de Quintana Roo's CAEGIT Research Group (2015) Judge, Research Presentations,Association of 1890 Research Directors Symposium (2017) Reviewer,Conference Papers,Mexican Academy of Tourism Research(AMIT) 17t1i Annual Conference,(2023). Reviewer,Conference Paper, Society for Marketing Advances 2021 Annual Conference(2021). Reviewer,Conference Paper, 6t1i International Consumer Brand Relationships Conference (2018). Reviewer,Conference Papers,AMS World Marketing Congress (2018,2019). Reviewer,Conference Papers,Academy of Marketing Science (2014,2017). Reviewer, Conference Papers,American Marketing Association—Winter(2014,2017). Reviewer,Conference Paper,Annual ICHRIE Conference and Marketplace (2015). Reviewer,Conference Paper,American Marketing Association—Summer(2013). Reviewer,Conference Paper,Association for Consumer Research(2013). Grant Proposal Evaluation Committees Reviewer, Post-Doctoral Program Funding (Economics and Business Administration Area), Consejo Nacional de Ciencia y Tecnologia(CONACYT),Mexico (2022) Reviewer, Post-Doctoral Program Funding (Economics and Business Administration Area), Consejo Nacional de Ciencia y Tecnologia(CONACYT),Mexico (2021) Thesis Committees in Other Universities Committee Member,Master of Science in Sustainable Tourism Management(Marketing Concentration). Student: Erick Garcia-Serna,Universidad Aut6noma de Guerrero,Acapulco, Mexico (2024) 08121123 Page 10 of 15 Committee Member,Master of Science in Sustainable Tourism Management(Marketing Concentration). Student: Kory Alexander Collazos-Villarte,Universidad Autonoma de Guerrero,Acapulco,Mexico (2023) Committee Member,Master's in Social Sciences (Regional Studies Concentration). Student: Ana Maria Cuellar-Rodriguez,Universidad de Quintana Roo, Chetumal,Mexico (2023) Committee Co-Chair,Master's in Electronic Business. Student: Mirna Guadalupe Torres-Argaez, Universidad del Caribe, Cancun,Mexico (2022) Committee Member,Master of Science in Sustainable Tourism Management(Marketing Concentration). Student: Brenda Iris Benitez-Vazquez,Universidad Autonoma de Guerrero, Acapulco,Mexico (2021) Committee Member,Master of Science in Sustainable Tourism Management(Marketing Concentration). Student: Emanuel Avalos-Bustos,Universidad Autonoma de Guerrero, Acapulco,Mexico (2021) Professionally-Related Media Contributions WalletHub,Opinion about the best travel credit cards(09-08-23) Island Waves, Interviewed for a story on TAMUCC student newspaper(06-22-22) MoneyGeek,Media inquiry about homeowners insurance cost(05-06-21) K22JA-Telemundo,Interview about consumers' saving and personal finances for 2021 (01-04-21) K22JA-Telemundo,Interview about small businesses,pandemic crisis, and recovery (12-01-20) K22JA-Telemundo,Interview on shopping habits in holidays season(11-25-20) KIII 3 NEWS,Interview on shopping and credit card usage for the holidays season. (09-24-20) AACSB newsletter in which MKTG-3310 students were featured(12-05-19) WalletHub,Opinion about the best business credit cards(08-02-19) KRIS 6 News,Interview about social media and restrictions for tobacco/liquor ads (07-24-19) Community/Public Service Member,Arts and Cultural Equity Assessment Group,Texas A&M University-Corpus Christi and the City of Corpus Christi's Arts &Culture Liaison. (January 2022-Present). Online discussion on theses research projects,Universidad del Caribe, Cancun,Mexico (September 30,2023) 08121123 Page 11 of 15 Online presentation, "Capital de marca desde la perspectiva del turista: Comparativo de visitantes previos y potenciales en un destino costero regional",Mexican Academy of Tourism Research(May 25,2023) Panelist,Tourism &Hospitality Workforce Summit,Visit Corpus Christi (April 13,2023) Instructor, Service-Learning Project,MKTG-3315 Students/Visit Corpus Christi(Summer 2022) Trainer, Factor Analysis and Multivariate Regression with SPSS and SmartPLS, Student in the Master's program at Universidad Autonoma de Guerrero,Acapulco,Mexico (Fall 2021) Interviewee,International Research Project, Students of Queen Mary University of London and Iowa State University (Spring 2021) Interviewee,Dissertation Research. Student of the Polytechnic School of Architecture and Urban Planning of Algiers,Algeria(Spring 2021) Discussant,Research Projects of Students in the Master's Program at Universidad del Caribe, Cancun,Mexico (Fall 2020) Trainer,Factor Analysis and Multivariate Regression with SPSS, Students in the Master's program at Universidad Autonoma de Guerrero,Acapulco,Mexico (Summer 2020) Interviewee/Panel Member,Dissertation, Student of Rutgers Business School(06-12-18) Guest Speaker, Culture and History of Mexico, Colors of Corpus Christi (10-26-18) MEMBERSHIPS Beta Gamma Sigma International Honor Society. (2016-Present). Society for Consumer Psychology. (2022-2023). American Marketing Association. (intermittently since 2011). Academy of Marketing Science.(intermittently since 2012). Red de Investigadores y Centros de Investigacion en Turismo. (2010-Present). Academia Mexicana de Investigacion Turistica. (2022-2023). DISTINCTIONS AND AWARDS 2018-2024, Inducted into the Sistema Nacional de Investigadores(Researchers National System, SNI-1),National Council of Science and Technology (CONACYT),Mexico. 08121123 Page 12 of 15 2018,Research Grant, College Research Enhancement Funds, awarded by the College of Business, Texas A&M University-Corpus Christi. 2018,Collegiate ECHO Marketing Challenge Competition,team of students in the NMTG-3315 Advertising and Promotional Strategy course were placed as semi-finalist(Spring 2018). 2017,Research Grant,Promoting Excellence in Education Through Research and Creative Works (PEER), awarded by Office of Research and Public Service,West Virginia State University. 2010-2015 PhD Scholarship,awarded by the National Council of Science and Technology (CONACYT)/Science and Technology Council of Tamaulipas(COTACYT),Mexico. 2014 Valuing Diversity Scholarship, awarded by the American Marketing Association Foundation. 2012 South Texas Academic Rising Scholars' Scholarship, awarded by the Stars Scholarship Fund. 2008 Grant for Master's Thesis Research Project, awarded by the Science and Technology Council of Quintana Roo (COQCYT),Mexico. FACULTY AND PROFESSIONAL DEVELOPMENT / TRAINING 2024 International Business Pedagogy Workshop, Centers for International Business Education and Research (CIBER),Georgia State University. 2024 Using Turnitin in Canvas Training,Turnitin& Office of Digital Learning &Academic Innovations(DLAI),Texas A&M University-Corpus Christi. 2024 Canvas Training,Instructure Learning Services& Office of Digital Learning and Academic Innovations(DLAI),Texas A&M University-Corpus Christi. 2023 Classroom Management& Conduct Workshop, Center for Faculty Excellence, Texas A&M University-Corpus Christi. 2022 Instructor&Designer Certification,Yellowdig. 2022 Research Skills Workshop, Society for Consumer Psychology Annual Conference 2022 2022 Student Wellbeing Seminar, Student Engagement And Success(SEAS), Texas A&M University-Corpus Christi. 2022 Addressing Mental Health and COVID Seminar,Nueces County Mental Health Programs 2022 Driving Meaningful Impact in the Latino Community Webinar,General Motors x mitu 08121123 Page 13 of 15 2022 Maximize Campaign ROI through Social Media,American Marketing Association. 2021 Best Practices for Virtual Teaching&Learning with Zoom Meeting, Office of Digital Learning and Academic Innovations(DLAI),Texas A&M University-Corpus Christi. 2021 TURF [Total Unduplicated Reach and Frequency] Training,Mexican Association of Market Research(AMAI) and ESOMAR. 2021 Title IX Designated Reporters,Training,TAMUCC and D. Stafford&Associates. 2020,2021 Pedagogy Workshops for Instructors Teaching International Business and Marketing, Centers for International Business Education and Research (GIBER). 2020 Predatory Publishing Awareness Webinar,Institute of Economics&Business, Universidad de Sevilla(Spain) 2020 Pandemic Pedagogy Seminar,Center for Faculty Excellence, Texas A&M University- Corpus Christi. 2020 Market Research Using Secondary Data Training, Mexican Association of Market Research (AMAI). 2020 Blackboard Library Resource Integration,Mary and Jeff Bell Library,Texas A&M University-Corpus Christi. 2020 Preserving Academic Integrity with Respondus Lock Down Browser and Monitor Workshop,Office of Distance Education and Learning Technologies(ODELT),Texas A&M University-Corpus Christi. 2020 Exam Creation with Respondus Workshop, Office of Distance Education and Learning Technologies(ODELT),Texas A&M University-Corpus Christi. 2020 Coping during COVID-19 Workshop, Center for Faculty Excellence,Texas A&M University-Corpus Christi. 2019 Teaching at an HIS,Center for Faculty Excellence, Texas A&M University-Corpus Christi. 2019 Enhancing Public Speaking Skills Seminar,Center for Faculty Excellence,Texas A&M University-Corpus Christi. 2019 Managing Large Lectures Seminar, Center for Faculty Excellence, Texas A&M University- Corpus Christi. 2018 Grant Writing and Funding Workshop,Division of Research, Commercialization and Outreach, Texas A&M University-Corpus Christi. 2018 Faculty Workshop, Office of International Education,Texas A&M University-Corpus Christi,Corpus Christi. 2018 Multiple Methods of Providing Student Feedback Workshop, Office of Distance Education and Learning Technologies(ODELT),Texas A&M University-Corpus Christi. 08121123 Page 14 of 15 2018 Student Connection and Engagement Workshop,Center for Faculty Excellence, Texas A&M University-Corpus Christi. 2018 Teaching Marketing Analytics Workshop, AMS Excellence in Marketing Education Professional Development Series,Academy of Marketing Science,New Orleans,Louisiana. 2018,2019 Digital Strategies Symposium,Office of Distance Education and Learning Technologies(ODELT), Texas A&M University-Corpus Christi. 2017-2018 Certificate of Professional Development in Best Practices for Online Course Design, Office of Distance Education and Learning Technologies(ODELT), Texas A&M University- Corpus Christi. INDUSTRY EXPERIENCE Selected Professional Positions Palace Resorts, Mayan Riviera,Mexico Sales and Marketing(2003—2005) Sales executive for the vacation ownership division of one of the major Mexican hotel and resort corporation in the leisure travel segment. Hilton Houston Plaza,Houston , Texas Rooms Division (2001 —2002) Served as assistant manager to the front office manager,responsible for customer service, monitoring, and supervision of operational aspects of reservations and rooms division. Majesty Hospitality,Houston ,Texas Catering Service (2000—2001) Front-line server in banquet and catering services for high-end contract events,including food and beverage operations and assistant to event managers. 08121123 Page 15 of 15 CITY OF CORPUS CHRISTI Submit Date: Jun 14, 2024 Application for a City Board, Commission, Committee or Corporation Profile Alex Garcia First Name Last Name Email Address Street Address Suite or Apt Corpus Christi TX 78402 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 3 months ArcelorMittal North America Procurement Manager Procurement Employer Job Title Occupation Work Address - Street Address and Suite Number 2800 Kay Bailey Hutchison Rd Work Address - City Portland Work Address - State Texas Work Address - Zip Code 78374 Work Phone 361.389.9514 Alex Garcia Work E-mail address alex.garcia@arcelormittal.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Master's in Business Administration from LeTourneau University Committeeman Assistant Captain for the Houston Livestock Show and Rodeo Rail Road Engineer for Herman Park Conservancy Pastoral Council for St. Anne Community Manager for Ballet Folklorico Herencia Mexicana de Houston If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Regional Transportation Authority. Corpus Christi Convention & Vistors Bureau Art & Cultural Commission. Alex Garcia Why are you interested in serving on a City board, commission or committee? Serving on a City board, commission, or committee offers a unique opportunity to contribute to the community in a meaningful way. My primary interest lies in making a tangible impact on local governance and improving the quality of life for residents. Here are several reasons why I am enthusiastic about this opportunity: Community Engagement: I believe in the power of civic engagement and the importance of being involved in shaping the future of our community. Serving on a board or commission allows me to directly participate in the decision-making process and advocate for the needs and interests of my fellow citizens. Utilizing Expertise: I possess skills and knowledge that I believe can be valuable to the board, commission, or committee. Whether it is expertise in a specific field, problem-solving abilities, or experience in project management, I am eager to apply my capabilities to benefit the community. Addressing Local Issues: I am passionate about addressing specific local issues, such as sustainable development, public safety, education, and social services. Being part of a board or committee provides a platform to propose and implement solutions that can lead to positive change. Collaboration: I enjoy working collaboratively with others to achieve common goals. Serving on a board or commission involves teamwork, and I am excited about the prospect of working with diverse individuals who share a commitment to public service. Personal Growth: This experience will also contribute to my personal and professional growth. It will enhance my understanding of local government operations, develop my leadership skills, and expand my network within the community. Giving Back: I have a deep appreciation for the opportunities and support I have received from the community over the years. Serving on a City board, commission, or committee is a way for me to give back and contribute to the community's continued development and prosperity. Overall, my interest in serving is driven by a desire to make a positive difference, support the community, and participate in the democratic process at a local level. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? (- Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Alex Garcia Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Youth / Education Marketing • Business Development Groups / Corporate Representative • Performing Arts (music, dance, drama, film) Alex Garcia Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? Pr None of the above Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") N/A Verification Alex Garcia City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Alex Garcia Alex Garcia (713) 560-7405 EDUCATION LeTourneau University, Longview,TX Master's Business Administration (MBA) Bachelor of Business Management(BBM) Professional Certifications Basic Supply Chain Management- Robert Gordon University Lean Six Sigma - Green Belt—6sigma ScrumMaster- Scrum Alliance Scuba Diver-NASDA(SSI) EXPERIENCE ARCELORMITTAL PORTLAND, TX 04/2024—PRESENT Procurement Manager Special Projects • Working with the Construction team in engineering design manage all aspects of the procurement strategies in delivering all equipment to for construction. • Created policies, compliance, metrics, and integration with other processes and databases in support of company policies, stakeholder needs, and supplier management functions. • Streamline,transform, and monitor the effectiveness of the overall transition and implementation of the Procurement and drive continuous improvement, automating processes, and implementing change management activities as applicable. • Manage all Procurement deliverables and contracts transactions to ensure purchase order issuance is executed in accordance with the company standards and policies and optimal sourcing strategies. • Support leadership by providing functional expertise,thought leadership, and hands-on work ethic)in building a Procure-To-Pay function with world-class policies, controls,procedures, and policies to ensure adherence to company guidelines. • Provide vendors and internal company personnel with any chronic problem with invoice resolution assistance. • Work with suppliers to ensure full implementation,training, and execution of the PO,invoice, and payment processes. • Drive specific programs and short-term actions to ensure immediate or long-term benefits and transformation in the construction project of categories. CROWE LLP HOUSTON,TX (REMOTE) LAY OFF 03/2023—02/2024 Director of Procurement, Procure to Pay(P2P) • Working with the P2P implementation team, co-Lead and manage all aspects of the P2P implementation including developing strategies in delivering a new ERP system from Ariba to Workday. • Created policies, compliance, metrics, and integration with other processes and databases in support of company policies, stakeholder needs, and supplier management functions. • Streamline,transform, and monitor the effectiveness of the overall transition and implementation of the P2P initiative and drive P2P continuous improvement, automating processes, and implementing change management activities as applicable. • Manage P2P transactions to ensure purchase order issuance is executed in accordance with the company standards and policies and optimal sourcing strategies. • Support leadership 9by providing functional expertise,thought leadership, and hands-on work ethic)in building a Procure-To-Pay function with world-class policies, controls,procedures, and policies to ensure adherence to company guidelines. • Provide vendors and internal company personnel with any chronic problem with invoice resolution assistance. • Work with suppliers to ensure full implementation,training, and execution of the PO,invoice, and payment processes. TPC GROUP HOUSTON,TX 06/2021—04/2023 Sr. Sourcing Manager, Procure to Pay(P2P) • Responsible for proper training of the usage of Coupa and Ariba system. • Implementing and assisted with Chapter 11 bankruptcy and margining software implementation with ERP systems of Epicor,to Ariba/SAP • Sources, negotiates and procures parts, service and/or chemicals in a fast paced, dynamic environment. • Reported directly to the Director, Procure-to-Pay(P2P) responsible for the broader P2P team from end-to- end P2P functions being accountable to lead the bid sourcing process for indirect spend for the company. • Developed and support initiatives towards Supplier Relationship Management and implementation of sourcing strategy to meet and exceed annual saving and avoidance targets. • Responsible for the review and negotiation of redlines to Terms and Conditions Negotiates favorable payment terms and volume discounts with suppliers and discuss contract performance issues,including safety, quality, material defects and delivery problems with suppliers and responsible negotiating refunds and /or settlements. • Supported and perform any necessary SOX controls and provide technical guidance to employees, colleagues and/or customers. • Managed the team of professional employees,including supervision, guidance and development, and delegates work appropriately to ensure satisfactory level of service to the organization and team. USA INDUSTRIES,INC. HOUSTON,TX Purchasing Manager 02/2020—06/2021 • Analyze data and identify areas for driving efficiency Lead the development and implementation of cost savings initiatives in the operations, direct/indirect procurement and establishing corporate procurement policies and procedures and ensures their implementation in the organization. • Managing issuance of all PO in direct/indirect of the Procurement/Purchasing department. • Update and implement organizational procurement strategy and plans. • Creation and management of short, mid, and long-term planning goals for the department. • Work closely with manufacturing management in calculating and communicating lead times and cost saving initiative. • Coordinate with Warehouse to resolve inventory related issues and direct warehouse buy for mid/max purchasing and support establishing inventory and forecasting levels by studying of inventory levels, shrinkage,turns, fill rate, and compliance in the organization. • Build an organization that is best-in-class with lean processes and streamline the requisition-to-pay(R2P) and procure-to pay (P2P processes including legal, compliance, and finance approvals. • Creation and ongoing value creation of a strong supply base for our operations team. • Establishing communication and relationships with vendors. • Analyzing and evaluate the performance of vendors. • Negotiate all contracts with Vendors with a view toward reducing costs while keeping a high quality of purchased goods and services and implement supplier agreements/contracts by working with cross- functional stakeholders and suppliers to reach an agreement on contract terms and conditions. • Accountable for all purchasing of MRO supplies and mentor, coach,train Purchasing Coordinator/Buyers. • Supervises the staff of the Purchasing and Logistics departments. • Participate in the leadership team. SUPERCONDUCTOR TECHNOLOGIES INC. AUSTIN,TX(COMPANY CLOSED ITS DOORS) Supply Chain/Procurement& Operations Manager 08/2017- 01/2020 • Owner of the four key departments: Operations, Manufacturing, Supply Chain&Quality Control. • Analyze data and identify areas for driving efficiency. • Coordinate contacts between our teams and proposed client, forecasting and quality improvement. • Maintain contracts and research the quality of execution; implement necessary adjustments for cost saving ($850,000.00). • Manage and improve the manufacturing Key Performance Indicators &P2P. • Serve as the expert in assembly processes,product requirements and the completion of Orders. • Supervises and trained production associates for growth and development. • Directs production by regulating, coordinating,planning, assigning, resolving problems, disciplinary action, and assuring compliance with company safety, work procedures, housekeeping, and preventive maintenance. • Monitor and Evaluate performance of team members and associates through constructive feedback(incl. written reviews, and corrective counseling, etc.), support to meet expectations, maintain open door communication, and promote conflict free environment. • Make necessary changes to accelerate the completion of Orders. Responsible for manpower adjustments, order status updates,processing of change orders,problem resolution, and assisting the team/department in improving productivity, scrap work, accident reduction, etc. • Generated monthly SOX reports and SOX Audits compliance. • Serves as a liaison to Manufacturing Engineering regarding product changes, required production needs, production processes, future strategic objectives, etc. for Assembly Unit. • Monthly presentation to CEO and Executive team. • Complete, end-to-end ownership of all physical goods from purchasing, forecasting,production, manufacturing, quality, and logistics. • Develop and manage comprehensive inventory management system for finished goods and components. • Coordinate all inbound and outbound logistics for raw materials and finished goods. • Approach every task with a customer-centric mindset. • Manage team data and information for reporting analytic activities with procurement process including SLAB, KPIs, P2P and project data. EMBRAER AIRCRAFT HOLDING,Melbourne, FL Procurement& Supply Chain Management Procurement Lead—North America 08/2016 -07/2017 • Implemented software training and system configuration of SAP to Ariba system. • Managed projects effectively and efficiently. • Managed team data and information for reporting analytic activities with procurement process including SLAB, KPIs and project data. • Prepared, managed, and negotiated RFPs, RFQs and Bidding with negotiate new contract terms for our commercial, construction, IT and government. • Developed and enhance all required functional and technical skills for members of the organization. • Prepared various analyses and works with Company department to assure good customer relations and compliance with contract terms. • Ensured sanctity of procurement process for all matters relating to POs, PRs and invoicing. • Managed all aspects of contract administration,including filing gaining signatures, coordinating exchange and deliver of contract related resources with client. • Developed and managed vendor relationships including contract negotiation, covering all commercial terms, technical services, special programs according to guidelines and requirement. Interfaces other areas/units within the company and/or with customers, discussing legal aspects related, as well as commercial and technical conditions involved. • Enforced Procurement Policy and Guidelines across the U.S. and Brazil. • Drive and lead cost by initiative in supporting business deflation,usage, cost avoidance with proper negotiations and strategy and bringing a$2.1 million IT cost savings to the organization. Amazon.com -Amazon Web Services, Herndon, VA(Washington D.C. Metro) Procurement& Supply Chain Management Sr. Purchasing Specialist—Global Operations. 08/2015-07/2016 • Maintained confidentiality of quotes, data center location(s) and other information and assist with coordination of supplier solicitations (RFIs, RFPs, RFQs)for all of our construction of data center, software and government contracts. • Purchase Order generation, execution, coordination, and management and simplified and automate the current process to drive compliance, standardization and cost out($3.8 million in cost saving). • Developed PR report and manage PRs to completion including troubleshooting for engineers, construction managers, and project managers. • Work directly with internal sourcing clients, compliance leadership, functional owners and IT teams to ensure P2P operational effectiveness within an outsourced environment • Participated in the development and improvement P2P process and tools for our Dublin, India,Asia and South America team to align cost saving and process. • Accurately enter/review purchase requisitions using information provided by business owners and suppliers. • Ensure sanctity of procurement processes for all matters relating to POs, PRs and invoicing. • Audit internal tools and ensure data integrity for systems the team relies on including the team's wiki page, Vendor Management System, SharePoint site, shared drive, etc... • Developed and facilitate training for internal customers and external suppliers on purchasing standards, invoicing requirements and team processes. • Trained team members on new and existing P2P procedures related to purchasing. • Metrics-oriented and can create,track, and report out on metrics. • Ability to prioritize workload and meet tight deadlines. • Creative, critical thinker with advanced analytical skills with the ability to work with technical and non- technical business owners to overcome obstacles and deliver results. Chevron U.S.A., Houston,TX Supply Chain Management eProcurement Specialist—Deepwater Unit 03/2011 — 1OH2015 • Liaison with Chevron Finance Shared Service with our Manila Office with Accounts Payable and suppliers' relations. • Provided eProcurement expertise and support in assisting projects to configure and utilize current technologies,primarily the ARIBA Suite of tools and SAP. • Established metrics to ensure that the Procure to Pay (P2P)process objectives are achieved with a focus on the lowest total cost and on-time service delivery while meeting or exceeding all quality of work product and standards and exceptions in working with Vendors, Stakeholders and our Manila Office. • Lead the process of governing the source to pay(S2P/P2P) digital footprint and business optimization team share services from the United States to Philippines. • Assisted with corporate audit inquires and other information requested. • Generated monthly SOX reports,i.e., SE Creator and OBO, Exceptions Reports and Requisition Receipt report, Purchase/corporate cards and maintain our SOX compliance within the business units and work with our TAX Dept., Global Security and Finance departments. • Ariba, Ketera, SAP usage to coordinate efforts and collaboration with non-PO/SO invoice desk; identified/implementing process &measurements to eliminate the backlog and reduce non-PO/SO invoice payment spend data. • Performed Material Expediting on invoicing,processing Good Receipts as needed. • Monitor on Time Payment performance, Early Paid Discounts, and make recommendations to management for standardization and cost savings of$9.8 million. • Assisted Contracts Team Lead and Category Management manager in the configuration and usage of vendor catalogs and assisted with the processing of vendor invoices as needed. CITY OF CORPUS CHRISTI Submit Date: Aug 19, 2023 Application for a City Board, Commission, Committee or Corporation Profile Peggy V Hatcher First Name Middle Last Name Initial Email Address J Street Address Corpus Christi TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? rJ District 1 Current resident of the city? a: Yes r No If yes, how many years? 47 Environmental Programs Compliance Division Chief Corpus Christi Army Depot and Lead Chemist Employer Job Title Work Address - Street Address and Suite Number 308 Crecy Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78419 Work Phone 3619610176 Peggy V Hatcher Work E-mail address Peggy.v.hatcher.civ@army.miI Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I currently have a Masters in Chemistry. I work for the Department of Army on many projects concerning implementation changing material use to greener sources for the field soldier (Army-wide). This is accomplished through working at the Corpus Christi Army Depot. In addition, my current position as Division Chief has me overseeing all Environmental Programs at the depot including liaison advisor on modernization efforts, technical subject matter expert of special chemical processes, leadership mentor, coach and liaison representative with Naval Air Station Corpus Christi. My love for the community includes Science demonstrations at Kolda Elementary School, Tuloso midway primary, TM intermediate, Robstown Middle school, many science fairs, church lessons and regional coastal bend science fair judge. Live for my community involves operation Christmas Spirit, where my groups hand out personalized gifts to a few nursing homes; coats 4 coats, where we trade coats with Federal Managers Association members with donated coats. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Corpus Christi Commission on Children and Youth 2. Arts & Cultural Commission 3. Corpus Christi Convention and Visitors Bureau Why are you interested in serving on a City board, commission or committee? I have always indirectly served my community by way of participating in organized events. Through the years, my roles have changed from participant, initiating ideas. to organizing events and serving as committee chair, board member and President to several organizations. My journey led me to Leadership Corpus Christi where the program served as a catalyst igniting a greater passion and love for my City, my community. Serving as a board, commission or committee member for Corpus Christi focuses a direct approach for my selfless servant intent. Upload a Resume Peggy V Hatcher Are you an ex-Off icio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r= No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Peggy V Hatcher Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r- Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Youth / Education W Higher Education Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry W None of the above W Regional Transportation Authority Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Education W Adult At-Large Peggy V Hatcher Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth - Name of high school. Tuloso Midway -daughter is applying Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth Current Grade 11 - daughter is applying Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth Date of Birth 03012007 daughter Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Peggy V Hatcher Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Peggy V Hatcher Peggy Valenzuela Hatcher 10301 Beverly Hills Drive Corpus Christi, TX 78410 cell(361)443-4054 Qualifications Federal Service Supervisory Physical Scientist, GS-1301-13,Division Chief,Environmental Programs June 2023 to present Compliance Division, Corpus Christi Army Depot, TX Supervisory Chemist, GS-I320-13 Branch Chief, Chemical Process Branch, January 2019 to June 2023 Corpus Christi Army Depot, TX Interim Supervisory Chemist, GS-1320-13 duties, Corpus Christi Army Depot, TX September/2018 to Present Chemist, GS-1320-12, Corpus Christi Army Depot, TX January/2014 to Present Chemist, GS-1320-11, Corpus Christi Army Depot, TX October/2012 to January/2014 Master of Science in Chemistry - Texas A&M University at Kingsville, TX December,2013 Bachelor of Science in Chemistry- Texas A&M University at Kingsville, TX May,2011 Industrial Experience—Quality Assurance/Quality Control production laboratory November/2000 to January/2011 Experience CORPUS CHRISTI ARMY DEPOT - Corpus Christi, Texas,40-50 hours/week October/2012 to Present Support the mission to overhaul,repair,modify,retrofit,test and modernize rotary wing aircraft,engines, and helicopter components for all services and foreign military customers in an industrial depot maintenance repair environment. • Division Chief, Environmental Programs Compliance Division Materials &Process Engineering Division, Directorate of Facilities and Property Management(Current) Second line management—workforce consists of multiple branch supervisors,program managers, and workforce. Team consists of Environmental Engineers, General Engineers, Environmental Specialists,Water Treatment Specialists, Environmental Services Branch,Hazardous Waste Handler Team, Storm Water Program Manager(PM),Above Ground Fuel Tank Program Manager, Recycling Program Manager, NEPA PM,Air Permit Compliance PM,Hazarous Waste PM,Hazardous Materials PM, and Scrap Metal Yard PM. Team members monitor, control, audit, sustain and implement new technologies generating compliance. Compliance Programs: National Environmental Policy Act(NEPA), Clean Air Act(CAA), Clean Water Act(CWA), Resource Conservation and Recovery Act(RCRA),Hazardous Materials management, Hazardous Waste Management, environmental assessments, environmental planning for construction, and inter-agency liaison for Department of Army—Army Material Command AMCOM G-4 nvironmental and New Technology branches external to CCAD. Highlighted Projects: Waste Management of Non-Destructive Testing rinse waters Army Material Command(AMCOM) directive Developed a waste management process for CCAD. The process was accepted by the Navy,NAS-CC Cost Savings: $1.4 million dollars and accrued$650M annual cost avoidance. • Chief, Chemical Process Branch,Materials Engineering and Process Development Division, Directorate of Quality Management Manage, lead and develop team members consisting of Chemists, Certified Welding Inspector,physical science technicians,material science technicians, and special process program managers encompassing a subject matter group providing technical-oriented customer service support internally(depot) and externally Page 1 of 6 Peggy Valenzuela Hatcher (Army Materials Command G-4 environmental group,NASA,Army Research Lab,military specifications owned by Navy and Air Force). Mentor: October/2012 to present Provide advice in developing skillsets to subordinates(GS-9 technicians, GS-12 Chemists,incoming engineers) with goals to further their career. Engage GS-I I and GS-12 employees to set SMART goals to align with the organizations vision throughout the depot. Encourage and challenge GS-9 Technicians to research and provide findings of their own processes creating a sense of ownership and work throughput pride. Advise colleagues and subordinates on their assigned technical tasks,personal problems and situational issues. Plans and Reviews Individual Development Plans;describes reasoning for goals and objectives towards organization vision. Provide situational advice to shop work leaders, supervisors,AMRDEC engineers,NASA engineers,production shop employees,manufacturing shop employees, Quality Control, Quality Assurance, Safety,Environmental,Air Quality Control, Safety,Industrial engineers, G-4, and several OEM contacts. Leadership Development Civilian Education System(CES)Intermediate Course Graduate—Soldier Deployment Inventory (SDI) awareness,Meyers Briggs evaluation awareness,leadership development course,team building Civilian Education System Foundation Course Graduate—Army Leadership doctrine Defense Acquisition University (DAU) Science and Technology (S&T)Level I certified,Production, Quality and Manufacturing Level I Certified,Test and Evaluation Level I Certified,Engineering Level I Certified,Facilities Engineering Level I Certified,Program Management Level I Certified,Information Technology Level I Certified. CHTRAS—Supervisor Development Course(SDC) Training Completed UPLIFT Upward Leader Investment for Tomorrow six month high intensity leadership program graduate(2016)— provided an opportunity to plan and simulate CCAD setting workforce management,work breakdown structure, Vision development, Goals development,Implementing objectives in the workforce,employee engagement, working with difficult and clashing personalities,managing generation gaps,developing leaders,the art of mentoring,leadership technique,realigning delinquent employees,subordinate engagement,executing praise and recognition for structured personal and professional leadership development. UPLIFT provided in depth shadow opportunities with Corpus Christi Army Depot Chief Operations Officer,Director of Aircraft Production,Director of Accessories and Rotor Blade Production, and several Division Chiefs management exposure. The program provided professional leadership concept training that integrates with Army doctrine,DOD and industry leadership best work practices. Theodore and Humphreys Earned Value Management Graduate(2016) National Federal Managers Training: -Crucial Conversations Workshop—Honolulu,HI -Critical Thinking—Puget Sound Naval Shipyard Chief at Washington D.C. -Improving from the Front—Leading Change at All Levels,Portsmouth Naval Shipyard Chief -Management Training—Gaps Witnessed and How to Address,Marine Corps Air Station Cherry Point Chief -Fierce Leadership: The Art and Science of Leading with Wisdom and Compassion -Managing Budgets and Leveraging Technology -Navigating Regulations by Julie Perkins,Partner, Shaw,Bransford&Roth -Leading People—Making Better Places to Work—by Sondra Kahawaii,Manager, Government Transformation and Agency Partnerships for Public Service -Leading Effectiveness Exchange-Leadership Challenges and how to approach by Department of the Interior (DOI)Federal Consulting Group Highlighted Projects: Heavy Metal Working Group Toxic Metal Reduction Army Material Command directive Implementation of non-chrome material —eradication of 95%of hexavalent chromium based sealants Page 2 of 6 Peggy Valenzuela Hatcher Implementation of New Technologies—Master Brush Tagnite Trainer Non-hexavalent chromium conversion coatings —eradication of bench work hexavalent chromium based chemicals Military specification generation, review and update —Conversion Coatings, Black Oxide Sealants New Material Transition strategic planning for vapor degreasing solvents Cost Avoidance $500K Cost Savings: 50%decrease of supply cost($250K) TEXAS A&M UNIVERSITY -Kingsville, Texas, 19-40 hours/week January/2011 to Present • Graduate Assistant for Dr.Xiaoliu Chi, Chair, Department of Chemistry Support and facilitate faculty by utilizing 10 years of previous industrial experience to maintain: MSDS(material safety data sheets),identify properties for proper waste disposal Identify potential audit findings and immediately resolved findings during audits Maintain inventory,parts and chemicals Order,regulate and manage tests outside of campus with fast 1-2 day turnover Maintain acquired budget for lab consumables Test proposals and synthetic chemical process proposals Data analysis,data interpretation, and report data. Successfully synthesized a molecule, a synthetic,organic thin-film transistor with pi stacking properties,performs chemical,material, and physical tests analyzing for application. • Laboratory Teaching Assistant,Instrumental Chemistry Continuously improve academic laboratory:Plan,develop and implement standardization culture Develop standard operating procedures,methodology,troubleshoot,monitor, service and maintenance of instruments: High pressure liquid chromatographer(HPLC), Gas Chromatographer Mass Spectrometer(GC/MS), MS/GC,Nuclear Magnetic Resonance(NMR-300 MHz),Fourier Transfer Infra-Red(FTIR),Atomic Absorption (AA)and Ultra Violet Spectrometer(UV) CELANESE/TICONA- Bishop Plant, Bishop, Texas,40-72 hours/week Nov/2000 to Jan/2011 • Senior Laboratory Analyst for TICONA, 40-72 hours/week,Mar12001 to Jan12011 Greenbelt Six-sigma statistic data analysis training —Statistic tools(Global MSA and R&R's) Minitab 14—data analysis(ANOVA,box plots,repeatability) — Sample Manager and SAP sample database Collaborative tests and lean sigma events on process analysis — Instrument validations and calibrations GUR materials training project-production and ICP training — Document preparedness for OSHA audits Job analysis—determine needs for improvement — Color matcher—pigment rate process analyst Document Control preparation for ISO-17025,ISO-06949, and ISO-9001 audits Document Control preparation for OSHA, safety, and VPP audits Root Cause Analysis investigations(process problems)problem solving down time or work stoppages • Safety Council Member for BISHOP SITE PLANT, 40-72 hours/week,Jan12007 to July12010 Safety liaison(TICONA, CELANESE&BASF labs) — Maintain Safety documents(MSDS) Safety Facilitator for TICONA/CELANESE labs — Safety work permit auditor(internal audits) Root Cause Analysis(safety incidents)problem solving — Updating operating standards and methods PPE(personal protective equipment)matrix for job analysis — Modify engineering controls Job Safety analysis—determining needs for improvement and Safe Work Practices • Laboratory Analyst for CELANESE (cross-training project),40-72 hours/week April/2005 to Dec/2006 Certified in Wet Analysis and HAZWOPER training — Production tests(HPLC,AA, GC&FTIR) Moisture in formaldehyde production and process samples — Cation/anion identification(line testing) Turbidity tests,color test, and particle size analysis — Determination of ash percent analysis Page 3 of 6 Peggy Valenzuela Hatcher • .Junior Laboratory Analyst for TICONA, (promoted to Senior Analyst)40-72 hours/week, Nov/2000 to Mar/2001 Production/process testing(various instruments) — Meet the customer's needs(operations) Continuously improve processes — Monitor equipment with control product Certified operator of WAYNE polymer extruders — Maintain equipment(lubricate and clean) DEMAGBOY injection molding machines—material tests — INSTRON robotics(physical testing) Percent Carbon,glass,formaldehyde and volatile analysis — Farnsworth-Munsell 100 Hue Test—100% Physical testing of glass filled,natural,impact resistant,carbon fiber filled,carbon and pigmented product Career and Coursework Highlights • Corpus Christi Army Depot, October/2012—present Project Lead for solvent demonstration on base for AMRDEC, G-4 Environmental, TARDEC, and NASA. (June/2018 to present) Supported Master Data Management(MDM) at Corpus Christi Army Depot in computer aided process planning and ensuring the creation of 12,331 routing plans for 19,980 part specific routing plans created for the transition from legacy maintenance execution system to Complex Assembly Manufacturing Solution(CAMS) System. Awarded Achievement Medal for Civilian Service by Department of the Army (2018) Received a Corpus Christi Army Depot Commander's Coin Participated in an integrated process team Pilot group to test the combination of subject matter experts including, chemical process,industrial engineering,master data management, shop floor specialists, quality control and quality assurance specialists to be used to create routing plans to transition from legacy maintenance execution to CAMS system. The successful group initiated the creation of ten other groups specialized in the creation of route plans throughout the depot. Development and AMRDEC approval using chemical spot check kits to test coatings for Nickel and Cadmium due to procurement unavailability. (2017) On the spot proposal to develop work around cleaning process of rotary wing aircraft magnesium components preventing depot production work stoppage and cost avoidance during Environment compliant solvent change: Awarded Achievement Medal for Civilian Service by Department of the Army.(2016) Received a Corpus Christi Army Depot Commander's Coin Cost Avoidance and Environment ISO 14001 compliant by increasing alkaline cleaners and solvent life of parts cleaners, spray booths and tanks through proper work practices and training of shops. Optimized nondestructive testing process preparation and process removal by developing and modifying methods utilizing qualified materials in technical data. Yellow Belt Certification(March/2013) and AS9110B audit certification(November/2013) • Graduate Student, August/2011 to December/2013 Thesis:Synthetic Organic Thin-Film Transistors (Physical Chemistry) Chemical synthesis,physical crystallography characterization, and material testing of newly synthesized molecule Process development by reducing cost of starting materials for mass production 2013 Copyright of Synthesis and Characterization of 6, 13 di-chloropentacene • Inorganic Chemistry Senior Research,August/2009 to May/2011 NMR Analysis (nuclear magnetic resonance) —N-heterocyclic carbenes and Rhenium catalyst research • American Chemical Society, August/2008 to present Knowledge for Einstein's of Tomorrow volunteer Classroom Demonstrations(over 80 students) Performed chemical experiments for local primary school and college night at the university. • Recognition Awards: Federal Managers Association—National Award- Chapter President of the year(2022) Department of the Army Coined for mentoring and leading WestPoint Cadet projects (2021) Department of the Army Recognition, Army Material Command, Commanding General Perna(2020) Department of the Army CCAD on the spot monetary award(2020) Page 4 of 6 Peggy Valenzuela Hatcher Federal Managers Association—Chapter Award Manager of the year(2019) Department of the Army-Achievement Medal for Civilian Service (2018) Department of the Army-Achievement Medal for Civilian Service (2014) Commander's Challenge Coin for Yellow Belt Project(March/2013) Texas A&M University- Chemistry Department StaffAward(May/2011) Texas A&M University- Chemistry Department, Inorganic Chemistry ACS Award(May/2010) —Bishop Plant TICONA West Laboratory- Top Contributor plus monetary award(March12001) Bishop Plant—TICONA West Laboratory-Top Contributor plus monetary award(March/2002) Bishop Plant—TICONA West Laboratory-Top Contributor plus monetary award(March/2003) Activities LEADERSHIP CORPUS CHRISTI(LCC)Class 51 August 2022 to May 2023 Represented Corpus Christi Army Depot in a 10-month intensive leadership program Sponsored by the Corpus Christi Chamber. Completed the program and graduated May 2023. Voted as LCC51 governance committee. FMA-Federal Managers Association Region 3 Director for 12 States September/2014 Manage 16 Chapter Presidents, over 700 members to present National Executive Board Member for 4 years Delegate for Chapter 125 Corpus Christi Army Depot, Chapter 125 President Region 3 Secretary for 5 years Treasurer for 4 years,Budget Proposal Lead—Managed a budget of over$80,000 Golf Tournament Committee Member—Budget of over$8,000 Chapter Activities Committee Member Food Bank volunteer Regional Convention Committee member National FMA membership Committee member National FMA scholarship Committee member Corpus Christi Army Depot FMA/AAAA Christmas Party—proposed shared expenses,ticket sales and expense management to alleviate both organizations budget constraints resulting in less than$2,500 cost per organization for four consecutive years in a row. Managed a budget of over$13,000 Lead for Operation Christmas Spirit Project—Managed a budget of over$4,000 Give out personalized gifts at local Nursing home Kolda Elementary School—Represented Corpus Christi Army Depot November/2018-2019 Science Night-Chemical Demonstration Lead:Plan,Develop and manage a group of chemists,program managers and engineers to demonstrate chemical reactions. Red White and Blue Veteran's Job Fair—Represented Corpus Christi Army Depot December 2018-2019 Shared job opportunities located at the depot,Direct Hiring Authority for potential candidates. AAAA—Army Aviation Association of America,Lifetime member of October/2012 to present Corpus Christi Army Depot Chapter, SCIENCE FAIRS February 2015 to 2023 Coastal Bend Regional Science Fair Judge Tuloso Midway Primary Science Fair Judge Tuloso Midway Intermediate Science Fair Advisor and Judge Robstown Middle Schoold Science Fair Judge AWANA Leader for local church,Annaville Baptist Church August/2012 to 2015 Page 5 of 6 Peggy Valenzuela Hatcher Administrator and Leader for the Truth and Training Program Manage and maintain student records for over 200 students Develop and schedule program activities for children ages 3 to 18 UPWARD BOUND for High School students, Texas A&H university at Kingsville, May/2010 to 2013 Project management of 20 students Task projects to engage potential Chemist Majors and other Science fields Prepare college bound students for the Chemistry departments expectations of college life KEDT TV Auction Volunteer, (Children's Public Broadcasting Network affiliate) April/2001-2008 Bishop Plant representative Recorded bids during live auctions Page 6 of 6 CITY OF CORPUS CHRISTI Submit Date: Jul 16, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr. Arturo N/A Lima Jr. Prefix First Name Middle Last Name Initial Email Address Street Address Suite or Apt Corpus Christi TX 78401 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 4 RAICES Attorney _ Attorney Employer Job Title Occupation Work Address - Street Address and Suite Number 1801 S Alameda St suite 152 Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 Work Phone 361-271-4288 Mr. Arturo N/A Lima Jr. Work E-mail address arturo.lima@raicestexas.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I am writing to apply for a position on the Arts and Culture Committee for the City of Corpus Christi. My extensive experience in community service, nonprofit management, and cultural promotion makes me a strong candidate for this role. EDUCATION May. 2020 Juris Doctor, Thurgood Marshall School of Law (TMSL) Honors: 3.11 GPA Merit Scholarship Recipient Top 25% Scholarship Awardee February 2020 Texas Bar Examination Score: 747 MBE Scaled Score: 145.2 MPRE-105 May 2015 Bachelors of Criminal Justice University of Texas at San Antonio Honors: 3.42 GPA Distinguished Achievement Placement- Graduate Alamo Palms Graduate Scholarship Deans List 2013 Corpus Christi Under 40 (UCC40) MILK Exemplary Award by Islander Cultural Alliance (ICA) Qualifications:Juris Doctorate, Texas State Bar membership in good standing. Fully bilingual in writing and speaking (English/Spanish). Able to pass a Federal Background Check. 4 years' experience practicing immigration law. Works effectively, professionally, and respectfully with colleagues and a diverse client population. Extremely strong organizational and time-management skills. Dedicated to defending and empowering the immigrants. Heavily active in the Corpus Christi community working with Latinos and immigrants from all cultural backgrounds, nationalities, sexual orientations, gender identities, and skin colors. Volunteers with different community organizations that provide outreach and services to immigrants such as South Texas Human Rights Canter, Esperanza de Tejas, Instituto De Cultura Hispanica De Corpus Christi, among others. Work Experience: November 2020 - (Present) RAICES March 2020 - August 2020 Works dynamically with the RAICES - Corpus Christi team to provide excellent legal services to our clients. Centro LATIR - President In 2024, 1 founded my nonprofit, Centro LATIR, where I currently serve as president. Centro LATIR is dedicated to advancing educational opportunities among immigrant youth through art, culture, and services. We organize free bilingual events for the entire community, creating inclusive and educational spaces that celebrate and preserve cultural heritage. Institute of Hispanic Culture of Corpus Christi - Former Director of Public Relations In this role, I made significant strides in advancing the mission and vision of the Institute, which is "Promoting and Preserving Hispanic Culture." Through networking on behalf of the Institute, I strengthened bonds with impactful community-oriented organizations such as the NAACP, LULAC, and the Hispanic Women's Network (HWNT). One notable collaboration was with HWNT. After meeting its president, Irlanda Chavez, at the 2023 Cesar Chavez March, I invited her to an art exhibit hosted by the Institute featuring award-winning muralist Mayra Zamora. Impressed by our work, Chavez became a member and continued to attend our events. She later held a mixer for HWNT at our museum in Heritage Park, further solidifying our partnership. I also helped organize the Mr. Arturo N/A Lima Jr. Institute's annual gala, our largest fundraiser, which raises $20-60k and honors outstanding members of the Hispanic community with our Hispanic Legacy award. Past awardees include Tony Bonilla, Cecilia Garcia Akers, and Judith Talavera. My efforts contributed to the Institute awarding $9,000 in scholarships to Corpus Christi students last year. Additionally, I organized various community events, including golf tournaments, career fairs, art exhibits, workshops, and poetry readings. United Corpus Christi Chamber of Commerce - Former Chamber Champion My tenure as a Chamber Champion with the United Corpus Christi Chamber of Commerce was an amazing learning experience that helped me understand the Corpus Christi community better. I provided critical support for Chamber events, including planning and organizing the 2023 Homecoming Gala. This experience allowed me to network and build friendships with other Corpus Christi leaders based on our mutual interest in helping the community. Leadership Corpus Christi Class 52 "The Chosen Few" - Alum I am proud to be an alum of Leadership Corpus Christi Class 52, known as "The Chosen Few." Leadership Corpus Christi (LCC) is a training program for emerging and existing leaders that builds the needed skills, knowledge, motivation, and vision to develop a stronger community. Established in 1972 by the Chamber of Commerce, the program is the second- longest-standing community leadership program in the state. My experience in LCC provided me with comprehensive training in leadership, community engagement, and strategic planning. The program's focus on building a stronger community through collaboration and vision has significantly prepared me for this position, equipping me with the tools to effectively contribute to the Arts and Culture Committee. Je'Sani Smith Foundation - Volunteer I frequently volunteer with the Je'Sani Smith Foundation, which aims to save lives by providing education, awareness, and water skills training on beach safety and coastal hazards. I participate in tabling events throughout Corpus Christi, distributing literature on beach safety and rip current awareness, conducting beach cleanups, and hosting a 5K race. Downtown Management District - Volunteer As a Downtown Corpus Christi resident, I have been an active volunteer with the Downtown Management District (DMD) since arriving in the city. I assist with the monthly artwalk, providing information and prizes at the info booth. I also help decorate Downtown Corpus Christi during the holidays, coordinating efforts to beautify our neighborhood. Kalpulli Ehekatl Papalotzin - Danzante (Indigenous Dancer) I am a Danzante with Kalpulli Ehekatl Papalotzin, an indigenous dance group in Corpus Christi. We practice traditional indigenous dances and learn about their cultural significance. I have taken on leadership roles, including setting the stage for ceremonies and leading dances as the tempo setter. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. ARTS & CULTURAL COMMISSION 2. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Arts and Culture Committee because I am deeply passionate about fostering community through cultural engagement and education. My extensive background in nonprofit leadership, particularly with Centro LATIR, and my work with the Institute of Hispanic Culture have equipped me with the skills and vision necessary to contribute meaningfully to the committee. I believe in the power of art and culture to unite diverse communities and create opportunities for personal and collective growth. Serving on this committee would allow me to continue promoting inclusivity and cultural preservation in Corpus Christi, ensuring that our city's rich heritage is celebrated and shared with future generations. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes f.' No Mr. Arturo N/A Lima Jr. No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Mr. Arturo N/A Lima Jr. Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Public Art/ Public Space • Youth / Education • Performing Arts (music, dance, drama, film) Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? 17 Resident of the District Mr. Arturo N/A Lima Jr. Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I°J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr. Arturo N/A Lima Jr. Arturo Lima,Jr.,Esq. Phone: 956 475-7126 317 Peoples St. Corpus Christi, TX. 78401 OBJECTIVE To grow as an attorney by increasing my contribution to the RAICES Corpus Christi office. EDUCATION May. 2020 Juris Doctor, Thurgood Marshall School of Law (TMSL) Honors: 3.11 GPA Merit Scholarship Recipient Top 25% Scholarship Awardee February 2020 Texas Bar Examination Score: 747 MBE Scaled Score: 145.2 MPRE-105 May 2015 Bachelors of Criminal Justice University of Texas at San Antonio Honors: 3.42 GPA Distinguished Achievement Placement- Graduate Alamo Palms Graduate Scholarship Deans List 2013 Qualifications: Juris Doctorate, Texas State Bar membership in good standing. Fully bilingual in writing and speaking (English/Spanish). Able to pass a Federal Background Check. 3 years' experience practicing immigration law. Extensive Immigration and State Court Experience. Capable of handling a client's immigration or state court case from beginning to end. Proficient at building rapport with unaccompanied immigrant children and all immigrant clients. Great hybrid workplace administrative and communication skills. Able to work closely, report relevant information, and convey the needs of the unit to Managing Attorneys and Unit Directors. Works effectively, professionally, and respectfully with colleagues and a diverse client population. Extremely strong organizational and time-management skills. Handles caseload independently and efficiently. Exceedingly ethical, always seeking to maintain best practices that are aligned with the mission, vision, and legal strategy of RAICES. Dedicated to defending and empowering the immigrants. Heavily active in the Corpus Christi community working with Latinos and immigrants from all cultural backgrounds, nationalities, sexual orientations, gender identities, and skin colors. Volunteers with different community organizations that provide outreach and services to immigrants such as South Texas Human Rights Canter, Esperanza de Tejas, Instituto De Cultura Hispanica De Corpus Christi, among others. Committed to providing the best legal representation and service to RAICES clients. Well versed in UCLS,Elmmigration, Efile,ECAS,EOIR System, and Paycom. Work Experience: November 2020— (Present) RAICES Works dynamically with the RAICES — Corpus Christi team to provide excellent legal services to our clients. Communicates effectively with attorneys and legal assistants to ensure a successful outcome for our client's immigration case, keeping in line with the mission of defending and empowering the immigrant community. Regularly meets and communicates with supervising, managing, and staff attorneys to review best legal practices. Meets regularly with Supervising Attorney to discuss procedures and allocation of workload for current clients as well as new referrals. Works closely with Legal Assistants to provide feedback and supervise their work. Conducts legal screenings of Unaccompanied Immigrant Children at Bokenkamp Children's Shelter. Identifies and files forms of relief with USCIS and Immigration Court to assist UICs in requesting VD, Asylum, Prosecutorial Discretion,Motions to Reopen, among other duties. Conducts pre-court preparation and appears as Friend of Court to requests continuances on behalf of UICs. Files petitions in state court for Declaratory Judgment and SAPCRs to obtain orders used to Pile for SIDS. Has handled cases dealing with persecution, gang violence, domestic violence, sexual violence, human trafficking, and drug offenses. Has been able to obtain favorable outcomes for the toughest cases. March 2020 - August 2020 Adan Vega and Associates,PLLC Worked as immigration attorney assisting clients in obtaining labor permits such as H-113, and H-213 Visas. Adjusted status to Legal Permanent Resident for clients by filing Form I-485. Also assisted in filing Form I-601A hardship waivers for clients so that they would not have to do counselor process in their home countries through their consulate and could remain in the U.S. with their family and loved ones. Would meet with clients to discuss their case and best options to ensure a successful outcome that they would be satisfied with. Supervised Legal Assistant in preparing immigration packages to be mailed out as well as proofreading their work. August 2019 -December 2019 Torts Tutor for Section 4 at TMSL Worked alongside Professor Deanna Pollard-Sacks to plan tutoring lessons for Section 4 1L Torts Law students. Held weekly tutoring sessions to assist Section 4 1L's master the fundamentals of Torts I. Put together lessons to solidify understanding of torts concepts such as the elements of Negligence. Was available outside session hours to answer questions and help students find resources. Submitted weekly lesson plans and sign in sheets to tutoring coordinator. Held weekly meetings with Professor Deanna Pollard-Sacks regarding lesson planning. May 2019 - August 2019 Intern-Legal Assistant at V Nguyen Law Office &Associates Performed Attorney duties such as: Conferring with clients, orienting them as to their application process Translating and Reading Immigration Forms,filling out and submitting immigration documents on their behalf. Attending Court proceedings at Immigration Court with clients. Assisted in preparing I-589 for married couple Cuban clients seeking Asylum in the United States. Attended Immigration Removal Court proceedings for client with Conditional Legal Permanent Residence. Performed Law Office duties while obtaining legal immigration training. March 2019 - April 2019 Law Clerk—Law Library at United States 14th Court of Appeals Organized, filed, and reviewed certifications for Court Appointed Attorneys. Input attorney credentials and certification date into Excel document. Dealt with Law Library staff and assisted them in other clerical duties. Submitted weekly progress reports along with time sheet to office supervisor. July 2016 - July 2017 Paralegal Assistant Criminal District Attorney's Office— Hidalgo County Coordinated with Mental Health Clinics to file Orders of Protective Custody (OPC's).Worked alongside Hidalgo County Probate Court and County Clerks to arrange OPC hearings. Worked with Victims of Domestic violence in the process of applying for Protective Orders. Interviewed applicants for Protective Orders as part of the process for application. Drafted legal paperwork that would be filed with county clerks and submitted to Probate Court for court proceedings involving both protective orders and involuntary commitments. Attended court hearings and worked alongside District Prosecutors to ensure courts briefs were in order. February 2016 - July 2016 Legal Assistant at V. Gonzales Law Firm Performed client intake and negotiated with insurance adjusters over client settlement.Met with prospective and current clients to discuss payment, recovery, and contract information. Met with clients in their homes and workplace when they were unable to come to our offices. Read, explained, and often translated contracts to clients who didn't read English or lacked legal knowledge of Personal Injury suit process. December 2015 -February 2016 Volunteer with Attorney General's Office — Pharr (Child Support Division) Prepared court Docket for Child Support hearings. Worked alongside state prosecutors and assisted them as court staff. Utilized county software Odyssey to update info on non-custodial. CITY OF CORPUS CHRISTI Submit Date: Mar 22, 2024 Application for a City Board, Commission, Committee or Corporation Profile Taylor M _ Maas First Name Middle Last Name Initial Email Address Street Address corpus christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 29 KCS Public Relations _ Practice Manager _ Practice Manager Employer Job Title Occupation Work Address - Street Address and Suite Number 301 Texan Trail Work Address - City corpus christi Work Address - State TX Work Address - Zip Code 78411 Work E-mail address taylor@kcspublicrelations.com Taylor M Maas Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? (.- Yes r- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I am a member of the local Rotary Club, Association of Builders and Contractors, American advertising Federation, and many more due to my work in Public Relations. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Arts & Cultural Commision, Island Strategic Action Committee, or any others you may think I may be suitable for. Why are you interested in serving on a City board, commission or committee? I enjoy being out in the community. This would provide an opportunity for me to become involved in the community in a meaningful way. Are you an ex-Off icio member of a City Board, commission or committee? f' Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? Yes r. No Taylor M Maas Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Taylor M Maas Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? rJ Economic Development/Tourism J Marketing Question applies to ISLAND STRATEGIC ACTION COMMITTEE ISAC preferred representatives from certain categories. Do you qualify for any of the following categories? * • Residential Property Owner (Who owns property and resides on Mustang or Padre Island) • Person who resides on Mustang Island or who is an employee of a Mustang Island property owner Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 1 I Agree Taylor M Maas City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Taylor M Maas CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr Mark J _ Marquez II Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 17 Darklab Media Owner _ Creative Arts Director Employer Job Title Occupation Work Address - Street Address and Suite Number 10201 SPID Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78418 Work Phone 214-850-0668 Mr Mark J Marquez 11 Page 1 of 5 Work E-mail address mark@darklabmedia.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: NA Education, Professional and/or Community Activity (Present) I own one of the most successful arts and media production companies in south texas. Why are you interested in serving on a City board, commission or committee? To help improve our cities arts culture Are you an ex-Off icio member of a City Board, commission or committee? f' Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Corpus Christi Demographics Mr Mark J Marquez 11 Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Visual Arts (painting, sculpture, arts media) • Economic Development/Tourism • Marketing • Performing Arts (music, dance, drama, film) Mr Mark J Marquez 11 Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I•J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mr Mark J Marquez 11 Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Mark J Marquez 11 CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Sara Sells Morgan First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78412 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r• No If yes, how many years? 34 Art Museum of South Texas Director _ Museum Professional Employer Job Title Occupation Work Address - Street Address and Suite Number 1902 N. Shoreline Blvd. Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78401 Work Phone 361/825-3507 Sara Sells Morgan Work E-mail address sara.morgan@tamucc.edu Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I am currently serving on the Arts and Cultural Commission and am seeking reappointment. Education, Professional and/or Community Activity (Present) Post Graduate Certificate in Museum Leadership, Getty Leadership Institute, Claremont Graduate University, 2016 Bachelor of Arts in Art History, University of California-Santa Barbara, 1986 1 have served on or worked with the following boards: Texans for the Arts, CASA, Kappa Alpha Theta, Church of the Good Shepherd, Ronald McDonald House, Charity League, Trustee of the Art Museum of South Texas, Coastal Bend A.I.D.S. Foundation If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I am requesting a reappointment to the Arts and Cultural Commission. Why are you interested in serving on a City board, commission or committee? I would like to remain on the Arts and Cultural Commission for several reasons. I am committed to seeing several projects through to completion, as continuity in leadership is crucial for the success of ongoing initiatives. Additionally, my background, experience, and skills make me a valuable asset to the commission, and I want to continue using my expertise to benefit the city's cultural landscape. Finally, I have a vision for the future of arts and culture in Corpus Christi and want to help shape and realize that vision. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Sara Sells Morgan No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Sara Sells Morgan Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. No response necessary since I answered "no" to the above questions. Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Visual Arts (painting, sculpture, arts media) • Public Art/ Public Space Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W Attraction Industry Sara Sells Morgan Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I°J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Sara Sells Morgan SARA SELLS MORGAN 361.825.3507 • PROFESSIONAL SUMMARY Experienced museum professional with a demonstrated history of working in the fine art industry. Skilled in non- profit organizations, contemporary art, museums, event planning, and arts administration. Proactive and curious mindset. Prevent issues with creative, hands-on solutions built on deep understanding of successful business practices. Bachelor's degree focused in Art History, Criticism and Conservation from University of California, Santa Barbara with a post-graduate certificate in Museum Leadership from Getty Leadership Institute, Claremont Graduate University, Claremont, California. WORK HISTORY ART MUSEUM OF SOUTH TEXAS - CORPUS CHRISTI, TEXAS Director, December 2020 to current Interim Director,June to December 2019 Assistant Director, August 2013 to June 2019 - Responsible for all operations of Art Museum of South Texas as Interim Director. - Manage day-to-day business operations and make strategic decisions. - Attend events to develop professional network of potential donors. - Cultivate donors and solicit gifts. - Plan and organize special events, solicit private and corporate sponsorships to reach financial targets. - Work with Curatorial Department on temporary exhibitions and Permanent Collection. - Project management for exhibitions and programs. - Served as representative for AMST with professional, business and civic groups, community organizations and individuals. - Oversee financial records -track, monitor, submit and approve documents for departmental budget. - Assist with government and grant reporting. - Train and mentor new employees on industry practices and business operations. - Direct impactful social media presence, offering content relating to fundraising campaigns and organizational objectives. - Coordinate Board of Trustee meetings. - Assist as staff liaison to Board and represent staff on various Board Committees. - Oversee taxes, invoices and donor related reports. - Review and prepare monthly financial reports for management and Board. - Provide information and schedules for audits. - Provide information and financial data for Finance Committee. - Supervise and coordinate general office, facility and gift shop operations. - Assist with project management on various projects. - Serve as staff liaison to TAMU-CC in areas of Finance and Administration, providing reports and information as requesting. - Complete performance evaluations of six direct report staff and maintain personnel records for all staff according to TAMU-CC rules and regulations. TEXAS A&M UNIVERSITY-CORPUS CHRISTI - CORPUS CHRISTI, TEXAS Stewardship Coordinator, 2009-2013 - Planned and executed all donor recognition and stewardship efforts for Institutional Advancement. - Coordinated all aspects of Distinguished Speaker Series, President's Council Art Competition, President's Mardi Gras Ball and other community events. - Prepared department and event budgets. - Prepared and reviewed annual departmental and event reporting. - Prepared and monitored donor appeals. - Supervised Event Coordinating staff. - Advisor for the Student Foundation Association. MORGAN FINANCIAL SERVICES - CORPUS CHRISTI, TEXAS Owner/Manager, 2001-2009 - Maintained high standards of quality through continuous reviews of products and service. - Developed and executed marketing programs and general business solutions resulting in increased company exposure, customer traffic, and sales. ART MUSEUM OF SOUTH TEXAS - CORPUS CHRISTI, TEXAS Event Coordinator, 1990-1992 - Managed administrative logistics of events planning, including contract signing, fee collection, event booking and event promotions. - Evaluated existing plans, processes and events planning services to identify opportunities for improvement. JAMES GALLERY - HOUSTON, TEXAS Art Consultant, 1989-1990 - Served as Art Consultant for U.S.A.A. National Headquarters in San Antonio. Purchased art for the Executive Offices, Executive Dining Room and common areas. - Supervised commissioned purchases and installations for public works. L.A. LOUVER GALLERY - VENICE, CALIFORNIA Gallery Assistant, 1987-1989 - Art Sales and assist with installation of exhibitions. - Coordination of gallery events and openings. ROGOW AND BERNSTEIN - LOS ANGELES, CALIFORNIA Project Manager, 1986-1987 - Worked closely with design staff and museums to coordinate the execution and installation of museum exhibits. EDUCATION Post Graduate Certificate in Museum Leadership, 2016 Getty Leadership Institute - Claremont Graduate University—Claremont, California B.A. Art History, 1986 University of California - Santa Barbara - Santa Barbara, California PROFESSIONAL AFFILIATIONS Texans for the Arts, Board of Directors American Alliance of Museums Association of Academic Museums and Galleries Mountain-Plains Museum Association Texas Association of Museums Downtown Management District Merchants Association CITY OF CORPUS CHRISTI Submit Date: Jul 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Veronica P _ Ramon First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 3 Driscoll Children's Hospital Director _ Director Employer Job Title Occupation Work Address - Street Address and Suite Number 3533 South Alameda Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78411 Work Phone 3614313128 Veronica P Ramon Work E-mail address veronica.ramon@dchstx.org Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently have no other volunteer commitments. Education, Professional and/or Community Activity (Present) I recently completed my masters in organization leadership and development. I previously was a school board member for Driscoll ISD for 18 years. The last 10 years as Board President. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) I have no preference. Why are you interested in serving on a City board, commission or committee? I am interested in serving as a volunteer. My children are now grown and I have a lot of free time on my hands. I feel that serving the community would be the best use of my free time. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Veronica P Ramon Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Veronica P Ramon If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? Pr Youth / Education Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? * PF Adult At-Large Question applies to REINVESTMENT ZONE NO. 5 (BOCO) BOARD Are you 18 year or older? r Yes r No Question applies to REINVESTMENT ZONE NO. 5 (BOCO) BOARD The Reinvestment Zone No. 5 must include a landowners in the Zone or agent of the landowner in the Zone. Do you qualify? Yes (. No Veronica P Ramon Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I•J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Veronica P Ramon Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Veronica P Ramon PROFESSIONAL PROFI LE I strive to achieve the best possible results while leading a strong and VR competent group of people. Mentorship and a positive attitude can achieve results within any type of organization. I am looking forward to being part of an organization that allows me to use my current skills and expand them to benefit staff and the organization for further success. EXPERIENCE CENTRAL PATIENT ACCESS DIRECTOR Driscoll Children's Hospital - Corpus Christi 2022-Present Responsible for the day to day operations of all functions within the Central V E R O N I C A Patient Access Department. This includes management of thirty fourty eight R A M O N staff members and two Supervisors that including: referral creation, authorization procurement, pre-service patient interactions, and insurance review. • Preparation for both short and long term range planning recommendations for all registration processes areas. Central Patient Access Manager • Implement and promote excellent customer service and responds to all customer inquiries in a timely and professional manner to ensure customer satisfaction. 361.446.8781 • Demonstrate knowledge of all aspects of patient accounting, financial 9421 Spanish Oak Dr counseling, registration/admissions, and benefit verification and Corpus Christi, TX 78410 authorization workflows. • Complete in depth management reports including summarization of weekly and monthly performance of department metrics and staff productivity. CENTRAL PATIENT ACCESS MANAGER S K I L L S Driscoll Children's Hospital - Corpus Christi 2018-2022 Responsible for the day to day operations of all functions within the Central Attention to Detail Patient Access Department. This includes management of thirty four staff members and two Supervisors that including: referral creation, authorization Budgeting procurement, pre-service patient interactions, and insurance review. Team Leadership • Conducts annual performance reviews and evaluations for staff, Project Planning including goal setting and counseling where appropriate. • Assists in preparation for both short and long term range planning Improving Efficiency recommendations for all registration processes areas. Management • Implement and promote excellent customer service and responds to all customer inquiries in a timely and professional manner to ensure customer satisfaction. • Interviewing and hiring of staff to fill department needs. • Demonstrate knowledge of all aspects of patient accounting, financial counseling, registration/admissions, and benefit verification and authorization workflows. • Maintain and update Army ROTC webpage and Facebook page. • Complete in depth management reports including summarization of EDUCATION weekly and monthly performance of department metrics and staff productivity. BACHELOR OF ARTS • Communicate appropriate information to staff and provides feedback Sociology to Director. Texas A&M - Corpus Christi • Enforces departmental policies, procedures, practices, procedures 2010 - 2013 and work rules in accordance with approved hospital policies and assists in the development of new policies according to hospital and ASSOCIATES IN ARTS corporate guidelines. General Studies • Assisting in organizing the Battalion Staff Ride, Military Ball, Pinning Coastal Bend College Ceremonies, and Commissioning ceremonies. 2009 - 2013 EXPERIENCE continued VR ADMINISTRATIVE ASSOCIATE III Texas A&M - Kingsville &Army ROTC/2014-2018 Spearheaded a reorganization and rebranding of the Army ROTC on the University campus which included new signage across the campus. This included meeting with several different key leaders across the campus to get approval and support for new marketing and recruiting opportunities to help the program grow and retain cadets. • Maintain department budget for multiple accounts, such as operating VE R O N I C A funds and scholarship accounts. • Reconcile monthly statements and submit reports for Procurement Card and Travel card. R A M O N • Prepare and submit scholarships for students to Financial Aid. Ensure that students meet scholarship guidelines using department Order of Merit List. • Manager of work study employees, includes training, creating work schedules, approval and submittal of timesheets via TimeTraq. TECHNICAL SKILLS PATIENT ACCESS SUPERVISOR Microsoft Office Suite Corpus Christi Medical Center/1997-2008 EPIC Through hard work and a strong management team I was able to start my MediTech career here as a Registrar and end my career as the Patient Access Supervisor. The management team gave me the opportunity to use my Concur/CANOPY customer service skills and willingness to learn to promote me to Financial Social Media Marketing Counselor. Then again, allowed me the chance to move up once again and lead the Bay Area Hospital Admissions department. Banner/FAMIS Supervision of 20 direct employees, including the processing of Adobe payroll via Kronos, scheduling, annual evaluations, verbal/written Laserfiche Kronos REFERENCES FoxitPDF Onbase Multiple insurance websites O O DR. CYNTHIA GARCIA MARK CLARK Superintendent Recruiting Operations Office EXTRA Driscoll I. S. D. Army ROTC 361.387-7349 479.287.8714 VOLUNTEER EXPERIENCE cgarcia@driscollisd.us mark.clark@tamuk.edu Driscoll I.S.D. School Board President 2012 - 2021 Driscoll I.S.D. School Board Trustee 2003 - 2012 Maria Gonzalez Cynthia Lopez Counselor Friend Santa Gertrudis I.S.D. 361-236-0881 361.443.5568 clopez@driscollisd.us lysmatrina@yahoo.com CITY OF CORPUS CHRISTI Submit Date: Jul 15, 2024 Application for a City Board, Commission, Committee or Corporation Profile Elena Rodriguez First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78411 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 8 Manager of Recruitment and Del Mar College Engagement for Art & Drama Recruitment/Outreach Employer Job Title Occupation Work Address - Street Address and Suite Number 101 Baldwin Blvd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 Work Phone 3616982051 Elena Rodriguez Work E-mail address erodriguez298@delmar.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) EMPLOYMENT Manager of Recruitment and Engagement (August 2023-present) Del Mar College, Department of Art & Drama, Corpus Christi, TX VOLUNTEERING & PHILANTHROPY 100 Women of the Coastal Bend, Member (2022 - present) Corpus Christi Art Center, Board Member (2024 - present) VASE youth art competition juror (2024 - present) EDUCATION MFA Painting, New York Academy of Art BFA Painting, Minor Film & Media Studies, Washington University in St. Louis If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Arts & Cultural Commission Why are you interested in serving on a City board, commission or committee? I love Corpus Christi. I was not born here, but I have fallen in love with the culture, the coast, and the art community. Ever since I moved to the Coastal Bend in 2013, 1 have served the Arts community - at the Rockport Center for the Arts, as a member of I<Space Studios, at the Corpus Christi Art Center, and in the Department of Art & Drama at Del Mar College. As a professionally-practicing artist, I maintain relationships with art communities inside and outside of our region and the state. I think Corpus Christi has one of the best creative communities, with a beautifully painted downtown and so many wonderful institutions that support the Arts. I would be honored to serve Corpus Christi on the Arts & Cultural Commission. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Elena Rodriguez No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Elena Rodriguez Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Visual Arts (painting, sculpture, arts media) W Higher Education V Economic Development/Tourism W Marketing Verification Elena Rodriguez City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Elena Rodriguez ELENA RODRIGUEZ 214.727.7921 TEACHING EXPERIENCE Adult Arts Educator(January 2014—December 2021) Rockport Center for the Arts, Rockport, TX • Courses taught:Fundamentals of Drawing, Egg Tempera Painting, Landscape Painting, Portrait Painting, Figure Drawing Port Aransas Art Center, Port Aransas, TX • Course taught: Figure Drawing Teaching Assistant(August 2010—December 2010) New York Academy of Art, New York City, NY • Assisted Lisa Bartolozzi in teaching History of Painting Techniques PROFESSIONAL EXPERIENCE Manager of Recruitment and Engagement(August 2023—present) Del Mar College, Department of Art & Drama, Corpus Christi, TX • Manage the marketing for the events of the Art & Drama Department • Coordinate outreach to potential students • Create content for the websites and social media accounts Curator of Exhibitions (January 2018—August 2023) Rockport Center for the Arts, Rockport, TX • Develop relationships with artists and art patrons; connect artists with patrons to sell exhibition artwork and private commissions • Prepare and execute artist contracts for exhibitions and sales • Create and distribute advertising and promotional content for shows, including filming and editing artist gallery talks to increase attention and sales • Write grants for events and programs, create supplemental materials for grant applications • Manage the annual Artist-in-Residence program, including scheduling youth and adult workshops • Plan and run the annual Rockport Film Festival, including creating a budget, securing sponsorships and grants, curating the films, organizing volunteers, and developing and executing a marketing strategy • Maintain the Art Center's websites and regularly update content Freelance Website Manager(June 2022—present) Gillette Law Firm, Houston, TX (October 2022-present) Director of Membership and Events (April 2013—January 2018) Rockport Center for the Arts, Rockport, TX • Began use of a CRM, improving stewardship of major donors and members • Managed a team of volunteers for daily activities and special events • Managed major fundraising events which collectively net over$250,000 Office Manager/Executive Assistant(June 2011—March 2013) Strawberryfrog, New York Ciry, NY • Planned client-focused events • Managed the office environment • Supervised the Office Assistant Assistant Editor and Dub Room Specialist(July 2007-Apri1 2008) Teatown Communications, New York City, NY • Post production editing, including: color correction, masking, video/sound alignment • Motion graphics • Graphic design VOLUNTEERING & PHILANTHROPY • Alumni Association New York Academy of Art Manage and create content for New York Academy of Art's alumni association website using Wix. Co-manage the Instagram account • 100 Women of the Coastal Bend Contribute annually to support four nonprofit organizations (2022 - present) • Corpus Christi Art Center Board Member (2024 - present) TECHNICAL SKILLS Art Media: Classical trained in drawing and oil painting Microsoft Office: Excel, Word, Powerpoint Adobe Creative Suite: Illustrator, Photoshop, InDesign, Premiere, After Effects, Express Web Design: Squarespace, Wix Wordpress, HTML, CSS Video Editing: Final Cut Pro, Avid EDUCATION MFA Painting, New York Academy of Art BFA Painting, Minor Film & Media Studies, Washington University in St. Louis MEMBERSHIPS • Art Museum of South Texas Collectors Club • Alumni Association, New York Academy of Art ACCOLADES • Corpus Christi 40 Under 40 (2024) • Glasstire Top 5 Art Show for It's Only For a Moment, K Space Contemporary (2021) • Honorable Mention, Oso Bay Biennial Exhibition (2018) • Merit Artist, Rockport Center for the Arts (2016 & 2017) FREELANCE CURATORIAL EXPERIENCE 2017 Through the Fourth Wall, The Bend Magazine, Corpus Christi,TX 2014 Human Brevity, The Art Collective, Asbury Park, NJ 2013 My Art at the Met, Metropolitan Museum of Art, NYC SOLO EXHIBITIONS 2024 As the Sun Goes Down, Wind Way Gallery, Rockport,TX 2022 Dilly Dally, Redbud Gallery, Houston,TX 2021 It's Only For a Moment, K Space Contemporary, Corpus Christi, TX *Solo exhibition was named a "Top 5" by Glasstire Magazine on June 24 2019 Where I've Been, Gallery at Anita Diebel Studio, Rockport, TX SELECT GROUP EXHIBITIONS 2024 Target Texas, Art Museum of South Texas, Corpus Christi, TX New Texas Talent: 31, Craighead Green, Dallas, TX Posies, Fort Works Art, Fort Worth, TX 58th Annual National Drawing&Small Sculpture Show, Del Mar College, Corpus Christi,TX La Merienda,Texas A&M - Corpus Christi, Corpus Christi, TX 2023 10th Annual Juried Exhibition, Artspace 111, Fort Worth,TX Summer Show, New York Academy of Art, New York City, NY 2018 Oso Bay Biennial XX, Islander Art Gallery, Corpus Christi, TX Awarded Honorable Mention 2017 No Net Ensnares Me, Rockport Center for the Arts, Rockport, TX 2016 Standing Out, Rockport Center for the Arts, Rockport, TX Twice Born, Steele Gallery, Seattle, WA 2014 Human Brevity, The Art Collective, Asbury Park, NJ New York Academy of Art Summer Show, Flowers Gallery, New York City, NY 2013 Loteria!, K Space Contemporary, Corpus Christi, TX Small Work, Big Talent, Las Laguna Gallery, Laguna Beach, CA My Art at the Met, Metropolitan Museum of Art, New York City, NY Single Fare 3, New York City, NY CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Rudy Salomon First Name Last Name Email Address 7- Street Address Corpus Christi TX 78404 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 39 Enel Green Power North Renewable Energy America Engineer Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 614 Ohio Avenue Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work Phone 978-7730645 Rudy Salomon Work E-mail address rudy.salomon@enel.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University Corpus Christi Graduate in B.S. Mechanical Engineering Del Mar College Graduate Speech Communication A.A. Graduate If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Arts & Cultural Commission 2. Nueces County Parks & Recreation Advisory Committee 3. Construction Trade Advisory & Appeals Board 4. Tax Appraisal District Why are you interested in serving on a City board, commission or committee? As a lifelong resident of Corpus Christi, I'm deeply invested in the city's success. My extensive experience in the engineering and construction industry, particularly with leading national firms, has provided me with a strong understanding of project management, cost control, and efficient execution across a wide range of project sizes (from $50 million to $5 billion). This experience has also given me valuable insights into the best practices employed by world-class organizations. I'm passionate about leveraging this expertise to contribute to our city's growth and development. Serving on a board, commission, or committee would allow me to directly participate in shaping a thriving future for Corpus Christi and its citizens. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes (.- No Rudy Salomon No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Rudy Salomon Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Higher Education fJ Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? rJ Engineer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? t= Yes r No Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? Fo None of the above Rudy Salomon Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? fJ Resident of the District Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? � Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? CJ Engineer or Architect Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? • Development • Building Industry\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). f- Yes r No Rudy Salomon Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code) to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either = disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties / interest being paid in installment agreement (2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor - Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1) the Appraisal District or (2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification Rudy Salomon City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Rudy Salomon INTERNAL Rudy Salomon 361.446.1511 Professional Summary Highly motivated and results-oriented Contract Development Engineer with 5+ years of experience in: Wind Solar & Battery Energy Storage Systems (BESS) design, development, and implementation. Proven ability to manage all technical aspects of projects from conception to operation, ensuring adherence to Company internal and National guidelines and industry standards. Expertise in lithium-ion battery technologies and a strong commitment to collaborating effectively within a diverse team environment. Education Texas A&M University-Corpus Christi Bachelor of Science in Mechanical Engineering Related Experience Enel Green Power North America 2022 - Present • Current Role: Contract Development engineer • Contract development, execution and management for all North American Region facilities dealing with cross technology lines (Solar/Wind/BESS/Geothermal). Clear understanding of all facets of engineering, procurement, project construction and execution and safety as highest priority. Lead the execution and management of contracts for renewable energy facilities across North America, ensuring compliance with engineering, procurement, and safety standards. • Lead the development and execution of BESS projects for North American renewable energy facilities, utilizing lithium-ion battery technology. Manage all technical aspects from design inception to operation, ensuring successful project delivery within budget and adhering to industry standards (NEC, IEEE) and company guidelines. Collaborate with internal teams and external stakeholders to navigate permitting processes and secure project approvals, designs and costs are met. • Identify and mitigate project risks through comprehensive risk assessments, resulting in a reduction in cost overruns. • Effectively collaborate with diverse stakeholders, including internal teams, contractors, and regulatory agencies, to achieve project milestones on time and within budget. Kiewit Energy Field/Office Engineer 2019 - 2022 • Environment Permitting Research Federal contract permitting requirements for Renewable Energy projects based on client needs. Create condition reports based on client contracts and regulatory committees such as FERC & Army Corps of Engineers and many more organizations based on Federal, State and regional levels. Discipline preplanning with clients for project execution, budget and forecasting. Capture regulatory and permit changes across all disciplines. Review calculated emissions. Plan for all project cycles. • Indirects Estimate lead/Subject Matter Expert for EPC estimates • Mechanical Estimator for static and rotational equipment, lending support to multiple Engineering Procurement Construction job bids from $300 million to $4.5 Billion budget scope of work for Renewable Energy, Oil, Gas & Chemical industries. Create material & equipment lift plans utilizing supplied software programs. Read, revise & interpret client supplied drawings (P&ID's, PFD's etc.) for estimate bidding process. • Mechanical Estimate Lead managing EPC job estimates of up to 50 Million scope of work. • Field Engineer tracking weekly progress, manage craft leads and team man hours, cost, material handling, equipment management & installation for disciplines such as: structural, Supports, E&I & Piping for Offshore fabrication. Plan Project Schedule forecasting & Execution. Current project goals include managing key contractual risks and build a lasting legacy with our clients. Currently on pace to complete the current project on time, under budget and without any safety incidents. INTERNAL • Drone mission planning & execution for evaluating progress through video data, 3D model implementation & plot plan integration Rudy Salomon Page 2 Kiewit Offshore Services Field craft personnel 2018 - 2019 • Welders helper for offshore fabrication, Pipe Fitter helper for Offshore fabrication, Plasma cutting table operator for Offshore fabrication. Cut and fabricate material to Blueprint specifications. Evaluate & build client revisions from specified drawings. Related Academic Projects Texas A&M University-Corpus Christi Spring/Fall 2019 Space Solar Power Development • Media development/integration. • Web design for our group website • Design & Fabrication of our model storage container and mechanical assembly, research solar material , battery cooling & insulation Texas A&M University-Kingsville Summer 2016 Project Title: Simulation & Experimental study of Windfarm Layout optimization. (Published) • NSF IR-SEED REU Summer 2016 Program: Integrating Research in Sustainable Energy and the Environment across Disciplines. Research Experience for Undergraduates. • Research & Utilize Genetic Algorithmic functions to calculate maximum power output through Matlab program for 20 wind turbines on a 500 acre radius • Produce cost & Purchase material, design and fabricate a scale model of Wind turbine (5 ft height) to utilize and prove research to show proper power output. Texas A&M University-Kingsville Summer 2015 Project Title: Chemical Process Flow (published) • Researched proper pipe insulation for deep water drilling exploration Skills Leadership Solid Execution & Presentation Skills Conflict Resolution & Time Management Proven Leadership & Supervisory Experience Plan & Execute in High pace environment Problem Solving & Effective Decision-Making Organization & Collaboration Strategic Planning &Analytical Implementation Strong Interpersonal Skills with Diverse Populations Technology Ineight Estimate tool/Hard Dollar, Bluebeam, Autocad, PowerBI, Tableau , Navisworks, Solidworks, WebEx, Zoom, Microsoft Word, Teams, Excel, PowerPoint, Outlook, Google Docs, Google Slides Leadership OrganizationsNolunteerism Society of Hispanic Professional Engineers 2019-Present American Society of Mechanical Engineers 2019-Present Institute of Electrical & Electronics Engineers 2019-2022 Habitat for Humanity volunteer 2017-Present CITY OF CORPUS CHRISTI Submit Date: Mar 22, 2024 Application for a City Board, Commission, Committee or Corporation Profile Ms. Edna Trevino Prefix First Name Last Name Email Address Street Address Corpus christi TX 78417 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r- No If yes, how many years? 50 Corpus Christ Independent School District ISSC-Instructor Education Employer Job Title Occupation Work Address - Street Address and Suite Number 3502 Greenwood Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78416 Work Phone 361-878-4690 Ms. Edna Trevino Work E-mail address Edtrevino@ccisd.us Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ARTS & CULTURAL COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Asssociate Arts Degree, Bachelor of Fine Arts, President of PTA at Martin Middle currently If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Animal Advisory Care Corpus Christi Children &Youth Convention Visitor Bureau Why are you interested in serving on a City board, commission or committee? Commission and committees Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes c- No Are you a current candidate in an election for a non-city public office? r Yes r No Ms. Edna Trevino Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rj Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Ms. Edna Trevino Board-specific questions (if applicable) Question applies to ANIMAL CARE ADVISORY COMMITTEE The Animal Care Advisory Committee preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? • Youth / Education • Higher Education Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? r1 None of the above Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? W Education Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth - Name of high school. N/A Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth Current Grade N/A Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH Youth Date of Birth 03/09/1968 Ms. Edna Trevino Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Ms. Edna Trevino Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Ms. Edna Trevino CONSTRUCTION TRADE ADVISORY&APPEALS BOARD One(1)vacancy with term ending 3-31-2026,representing the following category:I-General Contractor 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/Authority Meet Member size Term length/limit Staff Liaison Ordinance 032058 3-17-2020. Quarterly,3rd Thursday of the month, 9 3 years/6 years Ruth Bocchino 1:30 p.m.,Council Chambers Name District Term Start date End date Appointing Authority Position Status Category Leah Tiner District 1 6/13/2023 3/31/2026 City Council Resigned General Contractor Mike Dildy District 1 3/8/2022 3/31/2026 City Council Active Master Plumber Tommie A.Lee Sr. District 1 1 6/13/2023 3/31/2026 City Council Active HVAC Contractor Jared Merdes District 1 2 8/11/2020 3/31/2026 City Council Chair Active Engineer/Architect Jose L.Jimenez District 3 2 2/23/2021 3/31/2026 City Council Active Electrical Contractor Pau I S.Cervantes District 2 8/11/2020 3/31/2026 City Council Vice Chair Active Master Electrician Texas Professional Land Ronald E Brister District 2 2/23/2021 3/31/2026 City Council Active Surveyor Ty1.Gentry I District 11 6/13/2023 3/31/2026 CityCouncil I lActive I Plumber Contractor SaulS.Esquivel I District 11 3/19/2024 3/31/2026 1 City Council jActive I HVAC Technician 8-13-2024 CONSTRUCTION TRADE ADVISORY&APPEALS BOARD Applicant List Name District Status Category Marie Guajardo District 5 Applied General Contractor Brandon Harper District 3 Applied General Contractor Rudy Salomon District 2 Applied Engineer or Architect CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Marie Guajardo First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78413 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? Yes �- No If yes, how many years? 38 SWMBE Bonding VP Business Development Bonding Employer Job Title Occupation Work Address - Street Address and Suite Number 1234 Honeysuckle Drive Work Address - City Pflugervi I le Work Address - State Texas Work Address - Zip Code 78660 Work Phone 3612150869 Marie Guajardo Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY & APPEALS BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? Great way to know what is happening in our community Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? c Yes c: No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Marie Guajardo Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. NA Board-specific questions (if applicable) Marie Guajardo Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Marie Guajardo Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Marie Guajardo MARIE T. GUAJARDO Corpus Christi, TX ■ (361) 215-0869 ■ SUMMARY OF QUALIFICATIONS • Highly organized, detail-oriented, and proactive independent/team player with proven ability to handle increasing responsibilities with the capacity to function in diverse working environments. • Proficient with Microsoft, Excel,PowerPoint,Technical Support, Publisher, and Project and familiar with Adobe Systems. • Excellent verbal/written communication skills. • Successful in learning and mastering new systems and tasks with an ability to train others. • Strong Interpersonal Skills. EDUCATION The University of Texas-San Antonio- Bachelors of Business Administration Texas Economic Development Council-Basic Training in Economic Development Member of: MindLinx, San Antonio Landmark Commission Coastal Bend P-16 Council Coastal Bend Literacy Council CAREER EXPERIENCE CarCalmly,San Antonio,TX Vice President Sales November 2016-Present • Introduced CarCalmly to local business owners and built professional relationships with owners to better serve them and their clients through the CarCalmly application. • Listened carefully to the business owners'needs and goals to reach and attain clients. • Collaborated with the CEO and COO to create a two-market business model. • Collaborated with the COO to create a sales plan in support of organization strategy and objectives. • Recommended sales strategies for improvement based on market research and competitor analysis. • Worked to execute sales and service initiatives to promote sales growth and customer satisfaction. Carrillo International Export Management Company,Corpus Christi,TX Global Business &Marketing Director(America&Europe) February 2013-March 2015 • Developed, and maintained domestic and international relationships. • Promoted/Introduced U.S.manufactured goods (small businesses, minority-owned businesses,women- owned businesses)in international markets. • Correlated with U.S.Embassy throughout the world to conduct primary research on behalf of small businesses. • Analyzed reports to understand the needs of the international markets. • Collaborated with U.S. companies that met the demands of the global markets. • Worked with logistics to assure timely, cost-efficient movement of goods. • Collaborated closely with the International Trade Center,U.S. Commercial Service and the U.S. Department of Commerce. Coastal Bend Partners for College and Career Readiness Corpus Christi,TX Director of Marketing- Generation Texas February 2012-December 2012(Grant Funded) • Trained community members in using Gen TX and education materials. • Coordinated training events, assembled material, and provided skilled training. • Communicated professionally with public outreach, volunteers, and program directors. • Gathered, maintained, analyzed, and reported data on Gen TX events and projects. • Assisted with the Gen TX project management, followed-up; maintained, and executed multiple projects on budget and schedule. • Assisted in re-designing the P-16 Council's website to incorporate Gen TX co-branding and kept the P-16 website updated; managed Facebook and Twitter accounts. • Interacted successfully with different groups of people, including students,parents, educators, community members, and business leaders. • Worked with marketing consultants to design and implement a local advertising campaign strategy • Spearheaded the search for the Coastal Compass logo and advertising campaign. • Sought, developed, attained, and maintained partnerships with different organizations to provide information to community members. Corpus Christi Regional Economic Development Corporation(CCREDC) Corpus Christi,TX Research Analyst Manager September 2008-February 2011 • Assisted with the development of the CCREDC business qualification model that defined the creditworthiness and financial capacity of a company moving into the Corpus Christi area. • Collaborated with team members to produce the Portland Profile. • Collaborated with team members to produce the monthly CCREDC newsletter. • Collaborated with team members to create a marketing piece to target specific audiences. • Collaborated closely with team members to produce quarterly ACCRA cost of living. • Worked closely with the Executive Vice President of Marketing and Attraction. • Worked closely with the Vice President of Finance/Compliance to assure all projects were in compliance. • Represented the CCREDC at various luncheons, committees, and community outreach activities. • Utilized strong interpersonal skills in community interaction,working with the general public, government staff,and the board of directors. Dimensions Contracting General Contractors Cost Estimating Assistant, San Antonio,TX March 2006-September 2008 • Worked closely with Chief Estimator to assure accurate, competitive proposals were prepared for clients. • Strong background in bid proposals, RFI, RFP's. • Organized proposal data to present to clients, and prepared cost estimates using in-house estimator software. • Scheduled and coordinated with subcontractors to assure timely delivery of bids. • Assisted with Value Engineering to assure clients received quality work at a reasonable rate. • Executed several proposals simultaneously. • Ensured timely delivery of proposals and executed critical deadlines. • Maintained successful relationships with sub-contractors,building owners, and property managers. • Developed and maintained favorable professional relationships with clients. • Coordinated a new corporate identity to capture local market share. • Developed and implemented the marketing strategy to assure the target market was captured. • Developed marketing tools to market Dimensions specialties and quality of work. • Assisted with new website design and development and utilized it to retain and attain new clients. • Took part on several committees to represent Dimensions. CITY OF CORPUS CHRISTI Submit Date: Jan 02, 2024 Application for a City Board, Commission, Committee or Corporation Profile Brandon Harper First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78411 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? Yes �- No If yes, how many years? 7 Nueces Brewing Co Owner Beer and BBQ maker Employer Job Title Occupation Work Address - Street Address and Suite Number 401 S. Water St Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 Work Phone 3613566404 Brandon Harper Work E-mail address Brandon@Nuecesbrewing.com Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY & APPEALS BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes �- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS Ag Economics Texas A&M University. Minor in finance. Entrepreneur. Why are you interested in serving on a City board, commission or committee? I would like to help in any way possible to the success of the city. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Brandon Harper Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Brandon Harper Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? Yes No Question applies to CORPUS CHRISTI COMMUNITY IMPROVEMENT CORPORATION/LOAN REVIEW COMMITTEE The CCCIC/Loan Review Committee must include representatives from certain categories. Do you qualify for any of the following categories? C1 General Contractor/ Remodeler/ Homebuilder Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r- No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? 17 General Contractor Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? W None of the above\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? q Yes r No Brandon Harper Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. I°J I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. IJ I Agree Brandon Harper Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Brandon Harper 4902 Curtis Clark Dr Brandon Har er Corpus Christi TX78411 p Nueces Brewing Co — Founder/Co-Owner June 2019-Present LANGUAGES Nica Sail and Surf, Nicaragua — Founder/Owner English/Spanish August 2011 -May 2023 Founded and built an operational sailboat charter company in San Juan del Sur, Nicaragua. Sold the business in 2023. www.NicaSail.com Texas Foundations and Paving, Conroe Tx — Founder/ Owner 2008 - 2013 Founded and operated a concrete contracting company. Completed projects range from house foundations and sidewalks to commercial foundations and paving.Sold business in December 2013 EDUCATION Texas A&M University, College Station TX —Ag Economics/ Minor Finance 1997-2001 Studied the economics and financial side of agriculture related businesses. CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Rudy Salomon First Name Last Name Email Address 7- Street Address Corpus Christi TX 78404 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? Yes �- No If yes, how many years? 39 Enel Green Power North Renewable Energy America Engineer Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 614 Ohio Avenue Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work Phone 978-7730645 Rudy Salomon Work E-mail address rudy.salomon@enel.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? CONSTRUCTION TRADE ADVISORY & APPEALS BOARD: Submitted Interests & Experiences Are you a Nueces County registered voter? <.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University Corpus Christi Graduate in B.S. Mechanical Engineering Del Mar College Graduate Speech Communication A.A. Graduate If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Arts & Cultural Commission 2. Nueces County Parks & Recreation Advisory Committee 3. Construction Trade Advisory & Appeals Board 4. Tax Appraisal District Why are you interested in serving on a City board, commission or committee? As a lifelong resident of Corpus Christi, I'm deeply invested in the city's success. My extensive experience in the engineering and construction industry, particularly with leading national firms, has provided me with a strong understanding of project management, cost control, and efficient execution across a wide range of project sizes (from $50 million to $5 billion). This experience has also given me valuable insights into the best practices employed by world-class organizations. I'm passionate about leveraging this expertise to contribute to our city's growth and development. Serving on a board, commission, or committee would allow me to directly participate in shaping a thriving future for Corpus Christi and its citizens. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes (.- No Rudy Salomon No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r• No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r• No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Rudy Salomon Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Higher Education fJ Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? rJ Engineer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? Yes r No Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? Fo None of the above Rudy Salomon Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? fJ Resident of the District Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? � Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? CJ Engineer or Architect Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? • Development • Building Industry\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes t` No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) � Yes e' No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) Yes � No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). - Yes r. No Rudy Salomon Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code) to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either = disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties / interest being paid in installment agreement (2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor - Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1) the Appraisal District or (2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification Rudy Salomon City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Rudy Salomon INTERNAL Rudy Salomon 361.446.1511 Professional Summary Highly motivated and results-oriented Contract Development Engineer with 5+ years of experience in: Wind Solar & Battery Energy Storage Systems (BESS) design, development, and implementation. Proven ability to manage all technical aspects of projects from conception to operation, ensuring adherence to Company internal and National guidelines and industry standards. Expertise in lithium-ion battery technologies and a strong commitment to collaborating effectively within a diverse team environment. Education Texas A&M University-Corpus Christi Bachelor of Science in Mechanical Engineering Related Experience Enel Green Power North America 2022 - Present • Current Role: Contract Development engineer • Contract development, execution and management for all North American Region facilities dealing with cross technology lines (Solar/Wind/BESS/Geothermal). Clear understanding of all facets of engineering, procurement, project construction and execution and safety as highest priority. Lead the execution and management of contracts for renewable energy facilities across North America, ensuring compliance with engineering, procurement, and safety standards. • Lead the development and execution of BESS projects for North American renewable energy facilities, utilizing lithium-ion battery technology. Manage all technical aspects from design inception to operation, ensuring successful project delivery within budget and adhering to industry standards (NEC, IEEE) and company guidelines. Collaborate with internal teams and external stakeholders to navigate permitting processes and secure project approvals, designs and costs are met. • Identify and mitigate project risks through comprehensive risk assessments, resulting in a reduction in cost overruns. • Effectively collaborate with diverse stakeholders, including internal teams, contractors, and regulatory agencies, to achieve project milestones on time and within budget. Kiewit Energy Field/Office Engineer 2019 - 2022 • Environment Permitting Research Federal contract permitting requirements for Renewable Energy projects based on client needs. Create condition reports based on client contracts and regulatory committees such as FERC & Army Corps of Engineers and many more organizations based on Federal, State and regional levels. Discipline preplanning with clients for project execution, budget and forecasting. Capture regulatory and permit changes across all disciplines. Review calculated emissions. Plan for all project cycles. • Indirects Estimate lead/Subject Matter Expert for EPC estimates • Mechanical Estimator for static and rotational equipment, lending support to multiple Engineering Procurement Construction job bids from $300 million to $4.5 Billion budget scope of work for Renewable Energy, Oil, Gas & Chemical industries. Create material & equipment lift plans utilizing supplied software programs. Read, revise & interpret client supplied drawings (P&ID's, PFD's etc.) for estimate bidding process. • Mechanical Estimate Lead managing EPC job estimates of up to 50 Million scope of work. • Field Engineer tracking weekly progress, manage craft leads and team man hours, cost, material handling, equipment management & installation for disciplines such as: structural, Supports, E&I & Piping for Offshore fabrication. Plan Project Schedule forecasting & Execution. Current project goals include managing key contractual risks and build a lasting legacy with our clients. Currently on pace to complete the current project on time, under budget and without any safety incidents. INTERNAL • Drone mission planning & execution for evaluating progress through video data, 3D model implementation & plot plan integration Rudy Salomon Page 2 Kiewit Offshore Services Field craft personnel 2018 - 2019 • Welders helper for offshore fabrication, Pipe Fitter helper for Offshore fabrication, Plasma cutting table operator for Offshore fabrication. Cut and fabricate material to Blueprint specifications. Evaluate & build client revisions from specified drawings. Related Academic Projects Texas A&M University-Corpus Christi Spring/Fall 2019 Space Solar Power Development • Media development/integration. • Web design for our group website • Design & Fabrication of our model storage container and mechanical assembly, research solar material , battery cooling & insulation Texas A&M University-Kingsville Summer 2016 Project Title: Simulation & Experimental study of Windfarm Layout optimization. (Published) • NSF IR-SEED REU Summer 2016 Program: Integrating Research in Sustainable Energy and the Environment across Disciplines. Research Experience for Undergraduates. • Research & Utilize Genetic Algorithmic functions to calculate maximum power output through Matlab program for 20 wind turbines on a 500 acre radius • Produce cost & Purchase material, design and fabricate a scale model of Wind turbine (5 ft height) to utilize and prove research to show proper power output. Texas A&M University-Kingsville Summer 2015 Project Title: Chemical Process Flow (published) • Researched proper pipe insulation for deep water drilling exploration Skills Leadership Solid Execution & Presentation Skills Conflict Resolution & Time Management Proven Leadership & Supervisory Experience Plan & Execute in High pace environment Problem Solving & Effective Decision-Making Organization & Collaboration Strategic Planning &Analytical Implementation Strong Interpersonal Skills with Diverse Populations Technology Ineight Estimate tool/Hard Dollar, Bluebeam, Autocad, PowerBI, Tableau , Navisworks, Solidworks, WebEx, Zoom, Microsoft Word, Teams, Excel, PowerPoint, Outlook, Google Docs, Google Slides Leadership OrganizationsNolunteerism Society of Hispanic Professional Engineers 2019-Present American Society of Mechanical Engineers 2019-Present Institute of Electrical & Electronics Engineers 2019-2022 Habitat for Humanity volunteer 2017-Present ETHICS COMMISSION Four(4)vacancies with term ending 9-30-2026 and 9-30-2027.(Members are appointed by two-thirds vote of the full Council). Duties The Ethics Commission,in addition to having jurisdiction over complaints involving any"city official",are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics;review all statements and reports filed with the city;annually review the code of ethics and make appropriate recommendations to the City Council;review all public opinions related to the code of ethics that are issued by the city attorney;prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each City Council election. The Commission shall have such meetings as maybe necessary to fulfill its responsibilities. The chairperson or any three(3)members may calla meeting provided that reasonable notice is given to each member. The Commission shall meet at least once a year. The date of the annual meeting shall be in September. The Commission shall comply with the Texas Open Meetings Act. Composition Nine members appointed by a two-thirds vote of the full Council.Nominations are to be solicited from a wide variety of professional and community organizations in the City,but interested individuals may also submit their names for consideration.Members shall hold office for three-year terms commencing October 1.No holding over is permitted except as expressly provided in the Code of Ethics.The Commission shall elect a Chairperson and a Vice-Chairperson. Creation/Authority Section 2-320,Code of Ordinances;Ordinance No.20781,9/19/89,Ord. 023460,10-13-98;Ord.No.024614-10/9/01. Meets Member size Term length/limit Liaison 3rd Thur.of the month,5:30 p.m.,City Hall, 9 3 years/6 years Gabriel Rodriguez Fifth Floor-ACM Conf.Rm. Name District Term Start d.te End date Appointing Laura M.Commons District 2 1 9/14/2021 9/30/2024 City Council Not seeking reappointment David J.Bendett District 4 1 1/14/2020 9/30/2024 City Council Not seeking reappointment Kamlesh Bhikha District 1 Partial 5/9/2023 9/30/2024 City Council Resigned Forfeited his position upon Ed Bennett District 5 2 9/15/2020 9/30/2026 City Council election to a non-city public office Dane F.Futter Districts 1 9/13/2022 9/30/2025 City Council Chair Active Trevor H.Mauck District 1 9/13/2022 9/30/2025 City Council Active KentL.Teague District 1 9/13/2022 9/30/2025 City Council Active Rick Barrera District 5 1 9/5/2023 9/30/2026 City Council Active Kimberly K.Ballenger District 5 Partial 2/13/2024 9/30/2026 City Council Active 8-13-2024 ETHICS COMMISSION Applicant List Name District Status Douglas C. Fick District 5 Applied Liz Gillenwater District 4 Applied Nichelle N. Guerrero District 5 Applied Candace S. Hart District 4 Applied KimbertyShick District jApplied Robert M. Simmons District 1 jApplied CITY OF CORPUS CHRISTI Submit Date: Jul 28, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr DOUGLAS C _ FICK Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 13 yrs MRC Global Sr Sales Rep _ Sales engineer Employer Job Title Occupation Work Address - Street Address and Suite Number Q1901 Clarkwood rd Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78409 Work Phone 361-242-0742 Mr DOUGLAS C FICK Work E-mail address Douglas.fick@mrcglobal.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BS Chemical Engineer Elder , leader and Active member of Rock City Church Why are you interested in serving on a City board, commission or committee? I have been brought up with. Hydro-Christian ethos and I believe honest and ethical conduct should be the standard for all citizens in all they do. This standard is all the more critical when it comes to leaders , elected officials or those set in place as stewards of others money. I believe city growth and effectiveness is linked to having leaders who are trusted and trust is built on ethics. It would be an honor to serve my city by helping to apply these standards on this committee. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Mr DOUGLAS C FICK Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Na Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Mr DOUGLAS C FICK If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Na Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes (- No Verification Mr DOUGLAS C FICK Page 4 of 5 City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr DOUGLAS C FICK P Ld7C.Fkk 7313 F.G rllfmDff{;p C AL TX U434 M3-50-3934 EMIR Summory; pvcr2ll} esoCprag;pmsivelyfincttagNocchntc ssE pericnce,a�bltL with prirjottrteae�Qpemerltendbs�>`intsasamsulel�cxperian�Kithfml:�Lsonse�nirL ' the�Idust�l mariietplrce- Fro tovan�nt: Po11a`r A mou311rs9rulagts' (Ei1n -sFore[mpaoF'Ar11ls'r.) 121 W,"fl-i€ II,`-m Qrftitisa.ks{�*Ih+e6o-l�rsa' tx:dry$aaalr�nbu$nslralep�icplgs�irq;.. at workinr.rile Nish;rcW orOip&%ti}prsrehi,1c-hnk-4i mdninu Ind nplul'zra sclling. ? fde a•algy,�n�.i,.ays�e; Nawprcdrstep7 th + FVAwl uppadcvp�cck-i k7 • ST4 4iwnmoundl5,"JKxi vppvrw-+ i# DAY Vi and Fkld*Y,kc omp iwaks * Slanw and cnmmissioaimg pp*Kts. Dow.Imisfa,Fwmos%Immd.AU t.Igukie,Chcmk-.7Skl1 UTC.t A5, EnbEWSC0%y;:Cha:mours117uPocas;l,Ie-.*Wtb.(:elp ,AfR ,Frcederra C•or v ClviAL Irrglraide,Vicsuria,Pon LA-.wA R43V jRi4 Qe*54 Vatkw) b3dZA-'�QU!['4nro;Valves,Rehulecors.Assximtd ovmm kra.,wil *N c6med eguipnscrll.Dmpirhe91i06Wumpf rmcc.€M4l Nimmteftnl€Ipa'k:,Dimgrmmcku 5vluLioilt- L�.4'SQ(j'251i{Ir�rKrrle�r�}L Y 1�eY4 IgRI,SiX4.: i 1 Lime Kinntr.s=WI S�-C-onwm ror Toy&an Selling Pmoo t tomimcntl}-mtz*rexcaeUd*njiglSaks;PM6 i+ CorcisicmL-mccal 5miagk€"li `r Nnr olml Urdu -ilhmsl Valrc Corsdilion kfciiR,&rk4 Lrrsiallmktns(across all FnWMn I nspaq f�anllrtelsl Pick Isidusirial'TediticsISnludorts Owner 3yvft" t0MM11 IResircr bbl.ki > Pm%-Ood 5L•iIcwtd sxlrs W1N%hrt594 MWILin sm-krs roT Dry Rct H�€LbV C urnp3ng 1ovkir*Iogrow. {wwbm&w.rhm*pry`lice.sOcs%`i6tl€.trl9tlliort. ,pdev#bRt)t111-3fudmlul ion gCllkig 'r Do doptd Saks Fro'Fmm includirtc cumernecuicluory iarpt aE:r_aur-bs,value rnt;�-ink m1cs waining,gToich3iratzt*s tsndc2#WYparikipaikm and suppixt, > Lxparrd tlicntsnukp pre( nce inlpa ti luiust 5sl l'.t7u9cttiarckd"LN'Ufilhits,W wtdfins,Bulk _ Disidtcxion.EffimbA Food,Fleaerago,Pfifllir�%XIwv'1?ta*w",A:g P QttS > Cumull m mad wrhe kt%4)SHA Tuft.�-doeum msmxl'lead iF5,cift*nrnlalion arsafily RTVWM.= Accoraelishmrt�rl€ `s larsamscdcll#rl Wks 100%yrarovery—forc-Ao c,-yicldangarrt•tgrn'xthKS:0a 511e4txbrulh'es[ak,�ed-sd ebeirt Int€t'ke i,'r r4urntnvLtl9rkns rStuYlirlg iii is�iiCrcanv 1011�t rm-t Cur711kg:bu€iness 1~ $rxcesfully gainrp elirri aeeMsfi6c as pry -Mcff for rti%or Rcf=1in�Cgnrry,.y �41)w compfoy Saks ptpr4 kLnjasiv4C I I I dam?-19,yp4tg CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Liz Gillenwater First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78418 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 42 Texas A&M University - Admin for the Department Corpus Christi Administrative Associate IV of Music Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Dr., Unit 5720 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78412 Work Phone 3618255523 Liz Gillenwater Work E-mail address liz.gillenwater@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I am working on my BBA in Management at TAMUCC and working full-time there. I also participate in the Flour Bluff Primary/Elementary SBDM as a parent representative and I serve on the Pride Advisory Committee. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Parks & Recreation Advisory Committee 2. Sister City Committee 3. Ethics Commission Why are you interested in serving on a City board, commission or committee? Now that my children are older, I have more time to lend my voice to helping our city in any way I can. I would like to serve on a committee or commission so that I can maybe I can make a positive difference in our community. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Liz Gillenwater Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Liz Gillenwater Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Liz Gillenwater City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Liz Gillenwater CITY OF CORPUS CHRISTI Submit Date: Mar 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Nichelle N _ Guerrero First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 2 STERIS Corporation HR Manager _ Human Resources Employer Job Title Occupation Work Address - Street Address and Suite Number 7834 Hulk Drive Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78414 Work E-mail address nichelle_guerrero@steris.com Nichelle N Guerrero Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? (.- Yes r- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Master's in Human Resource Management, Currently a Doctoral candidate at Capella University, Mentor Volunteer at Thrive Mentorship If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Airport, Youth, Ethics Why are you interested in serving on a City board, commission or committee? I want to be involved in decisions that impact the city I live in. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r- Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? f- Yes �- No Are you a current candidate in an election for a non-city public office? r Yes r. No Nichelle N Guerrero Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/a Demographics Gender rj Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Nichelle N Guerrero Board-specific questions (if applicable) Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? * W Health and Human Services Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Verification Nichelle N Guerrero City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Nichelle N Guerrero NICHELLE GUERRERO 1WHuman Pesources Manager Highly experienced Human Resources Manager with a proven track record of incorporating creative leadership skills to achieve business objectives. Exceptional at prioritizing and executing multiple projects and deadlines simultaneously. Contact Info Employment History 0 Corpus Christi,Tx 78414 Human Resources Manager Apr 2020- Present STERIS Corporation • Mentor,OH 2164033585 • Lead organization design for assigned business lines to optimize structure, roles,and objectives for current and future challenges • Coach managers on employee performance and relations,and implemented people management programs Skills • Implement performance management and engagement initiatives, including training leadership team members Talent Management& • Manage Talent Assessment function,driving action plans and ensuring performance Succession alignment and feedback discussions Employee Engagement • Promote positive company culture to enhance employee engagement and satisfaction Coaching • Oversee full employee lifecycle and provided HR leadership support to team and direct report Hiring & Retention Training and Volunteer, Mentor Jan 2023- Present Development Thrive Scholars • Remote Employee Relations • Provide one-on-one mentorship to first year college students accepted into the program. Mentor • Facilitate relationship building, networking,and professional development opportunities for students. • Guide and support students in building successful careers in leadership. Human Resources Business Partner Sep 2016-Apr 2020 Swagelok Company • Solon,OH • Partnered with the senior HR manager and operations director to implement and manage HR strategies and services to support the workforce. • Advised leaders on organizational policy matters and made recommendations when needed. • Coached and developed leaders and HR team on performance management,employee movement,and engagement. • Worked closely with the Human Resource Site Manager to handle disputes, termination of associates,and administering disciplinary procedures. • Managed the full recruiting life cycle process which included opening job requisitions, interviewing,extending and negotiating offers,and onboarding. Lead Operations Administrator Feb 2010- Mar 2016 BAKER HUGHES INCORPORATED • Louisiana/Texas • Administered human resources and financial support for East Texas and Permian locations, including maintaining and updating employee files and overseeing daily operations • Served as onsite HP liaison to operational leaders on matters such as:workforce planning,employee relation issues, bonus compensation, benefits, policy interpretation, performance management,and EEO compliance and training. • Supervised all Administrators entries in thejob ticketing and revenue processing system. Lead Super-user for the electronic system. • Mentored team members to succeed and advance within department and company by providing action plans for achieving results and enabling moves to higher positions. • Analyzed department location training needs and developed a new hire training program, resulting in new hires becoming productive on first day of work. Education Doctorate Business Administration, Human Resource .Jun 2020- Present Management Capella University Masters Human Resources Management Jun 2017-Feb 2019 Indiana Wesleyan University Bachelors Sociology Sep 2003- May 2008 University of Cincinnati CITY OF CORPUS CHRISTI Submit Date: Nov 22, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ms. Candace S _ Hart Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 8 Retired HS Librarian N/A Employer Job Title Work Address - Street Address and Suite Number N/A Preferred Mailing Address 1 Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Ms. Candace S Hart Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No I do not. Education, Professional and/or Community Activity (Present) BS - Pratt University, Brooklyn NY School Library Certification - Queens College, Charlotte NC MA -UTDallas - Richardson TX New Neighbors League of Corpus Christi, Past President Texas Retired Teachers Association San Antonio Retired Teachers Association, Past Executive Board member Past Library Board member, vice-chair and chair. Why are you interested in serving on a City board, commission or committee? I am a concerned citizen who believes that ethics needs to be enforced in our government. i applaud the service of individuals who are willing to step up and become involved in their community and I have always tried to be one of these people. I consider myself to be a citizen with high moral and ethical values and who believes in the values and promises of our constitution. I vote in every primary and general election because I see this as a requirement to be a good citizen. Are you an ex-Off icio member of a City Board, commission or committee? r Yes f: No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? Yes r No Are you a current candidate in an election for a non-city public office? Yes c No Do you currently serve as an elected official for a non-city public office? Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Ms. Candace S Hart Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Ms. Candace 5 Hart Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Ms. Candace 5 Hart Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ms. Candace 5 Hart CITY OF CORPUS CHRISTI Submit Date: Jul 16, 2024 Application for a City Board, Commission, Committee or Corporation Profile Kimberly Shick First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78409 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 39 Vice-President of Marketing Internet, Security, Access Gtek Communications and Sales Control Employer Job Title Occupation Work Address - Street Address and Suite Number 4811 Wildcat Work Address - City portland Work Address - State texas Work Address - Zip Code 78374 Work Phone 3614005775 Kimberly Shick Work E-mail address kim@gtekcommunications.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: no Education, Professional and/or Community Activity (Present) Big Brothers Big Sisters of South Texas Associated General Contractors Association Builders Contractors Corpus Christi Chamber of Commerce Builders Association Board Sinton Chamber of Commerce Portland Chamber of Commerce If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Ethics Commission Construction Trade Advisory & Appeals Board Business Development Why are you interested in serving on a City board, commission or committee? I feel that the telecommunications industry should be represented on the Construction Trades Advisory and Appeals Board. i am also interested in the Ethic Commission since I have a long history of and understanding of how matters dealing with ethics should be handled from my time on the Tuloso-midway ISD Board of Trustees as well as the Nueces County Appraisal District. I believe that seeing some "new blood" on such committee would satisfy those who believe that certain City decisions are politically motivated or unethical altogether. I have a fair and intellectual demeanor that makes me a good fit for this board. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r- No Kimberly Shick No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A NA Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Kimberly Shick Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r- Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. na Board-specific questions (if applicable) Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Are you a qualified voter* residing in the Authority? (Note: Authority includes the following services areas: Nueces County and the municipalities, Bishop, Corpus Christi, Driscoll, Gregory, Banquete, Agua Dulce, San Patricio, Port Aransas and Robstown) r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY The City Council designates at least one of its appointees to represent the interests of the "transportation disadvantaged". "Transportation disadvantaged" is defined as meaning the elderly, persons with disabilities, and low-income individuals. State law does not mandate that the board member be transportation disadvantaged. Can you represent the interests of the "transportation disadvantaged"? r Yes r No Question applies to CORPUS CHRISTI REGIONAL TRANSPORTATION AUTHORITY Explain how you represent the interests of the transportation disadvantaged. (If No, enter "N/A") NA Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r•° Yes r" No Kimberly Shick Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? r Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? W General Contractor Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Kimberly Shick Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Kimberly Shick Kimberly S h i c k (361) 446-9500 u Christi, TX 78410 Accomplished and visionary individual with passion to lead fundraising, marketing, and communications activities to deliver consistently successful outcomes. Remarkable history in creating fundraising strategies and establishing donor partnerships as well as facilitated in planning fundraisers and events. Solid background in coordinating with large network of legislators on funding several educational issues on State and Federal level. Demonstrated expertise in presenting various public school issues and programs to large audiences. Credible success in planning, organizing, and carrying out successful events, including fundraising and donor. Articulate and refined communicator, focused on building relationship to drive positive change. Capable of delivering high quality promotional material for fundraising events and campaigns. Ability to devise and implement robust strategies/plans to accelerate organizational growth. Areas of Expertise • Donor Development & • Fundraising Planning & • Contract Relations Execution Pre pa ration/Negotiations • Customer Service & • Business Development • Relationship Management Satisfaction • Community Outreach • Recruitment &Training • Grant Writing & • Account Management • Public Relations (PR) Implementation • Microsoft Office Suite • Market Trend Analysis • Team Leadership & Training • Project Management Career Experience Comp-u-dopt - Galveston, TX 2022 - Present Program Manager Deploy STEM programs in schools and youth organizations to promote academic/personal growth of individuals. Establish and sustain community partnerships. Leverage professional expertise in recruiting and hiring staff members as well as conducting performance evaluation. Plan, organize, and carry out fundraisers and donations. • Successfully generated interest and commitments programs in new areas of Texas. Communities in Schools - Corpus Christi, TX 2018 - 2020 Community Liaison Served as community liaison for successful execution of fundraising events. Nurtured and retained donor partnerships within community as well as conducted donor events. Organized and carried out budget events such as concerts, golf tournaments, and clay shoots. My Home Team Media - Corpus Christi, TX 2015 - 2018 Media Account Executive Leverage strong expertise in developing and closing new advertising accounts. Foster and sustain professional relationships with customers. Plan, organize, and carry out wide range of successful events. • Achieved and surpassed monthly quota by showcasing exceptional performance. • Enabled growth in customers' business by establishing close collaboration. Landstar Telecom - McAllen, TX 2017 - 2018 Account Executive Pagel 12 Function as outside sales executive for Coastal Bend market. Participated and acted as Landstar key spokesperson at several networking and community functions. Attained new customers as well as deployed robust telecommunication solutions. Steered professional expertise in generating leads by means of social media, personal contact, and email campaigns to yield successful outcomes. • Rendered significant efforts to install secure telecommunications lines in public schools. REM Consulting Group - Corpus Christi, TX 2012 - 2015 Project Coordinator/Public Relations Conducted thorough Educational Facility Assessment. Facilitated successful execution Public Education Bond Elections. Delivered proactive assistance in RFQ/RFP verification. Crafted relevant and high quality Presentation through utilization of PowerPoint. Ensured organization consistency and resolved community affairs issues. • Played an integral role in steering projects from conception to completion in timely and efficient manner. Don Johnson Cable Service - Corpus Christi, TX 2001 - 2011 Office Manager/Human Resources Led all operations associated with recruitment process, including screening, interviews, and on-boarding employees. Processed payroll and administered employee benefits. Coordinated seamless execution of entire project activates in timely and efficient manner as well as purchased materials. Leveraged strong professional expertise in negotiating and finalizing multiple contracts. Delivered knowledge rich and effective employee safety training. • Achieved high degree of customer satisfaction, while ensuring delivery of quality services. Honors & Awards Honoree for Corpus Christi 40 Under 40 for the class of 2018 Acceptance into Texas Association of School Boards Leadership Institute Affiliations & Memberships Tuloso-Midway ISD Board Trustee (2012 - Present) Executive Director, Big Brothers Big Sisters of South Texas (2017 - Present) Nueces County Appraisal District Executive Director (2013 - 2016) Director, Tuloso-Midway ISD Education Foundation (2012 - 2016) Board of Directors, Northwest Little Miss Kickball (2008 - 2013) Licenses & Certifications AIA Contract Preparation Certified Page2 2 CITY OF CORPUS CHRISTI Submit Date: Jul 10, 2024 Application for a City Board, Commission, Committee or Corporation Profile Robert M _ Simmons First Name Middle Last Name Initial Email Address Street Address Corpus Christ TX 78410 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 24 Annaville Baptist Church Pastor _ Pastor Employer Job Title Occupation Work Address - Street Address and Suite Number 4025 Violet Rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78410 Work Phone 361-241-9557 Robert M Simmons Work E-mail address robert@annaville.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? ETHICS COMMISSION: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Why are you interested in serving on a City board, commission or committee? To be involved in my community Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Robert M Simmons Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Am not serving so have no need to resign Board-specific questions (if applicable) Robert M Simmons Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Robert M Simmons City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Robert M Simmons 4025 Violet Rd. Phone(361)241-9557 Corpus Christi,Texas 78410 Fax(361)241-9559 E-mail Robert Simmons Employment 2000-2002 Annaville Baptist Church Corpus Christi, Texas Pastor 1991-1998 Parmer Lane Baptist Church Austin, Texas Pastor 1984-1991 Timber Crest Baptist Church Waco, Texas Pastor 1980-1984 First Baptist Church Evant, Texas Pastor 1978-1980 Weir Baptist Church Weir, Texas Pastor 1976-1978 Levita Baptist Church Levita, Texas Pastor Education 1984 Southwestern Baptist Theological Seminary Fort Worth, Texas M-Div./Theology 1979 University of Mary-Hardin Baylor Belton, Texas B.A./Religion Accreditations Licensed in 1976 by the Lometa Baptist Church of Lometa, Texas. Ordained in 1977 by the Levita Baptist Church of Levita,Texas. PARKS AND RECREATION ADVISORY COMMITTEE Five(5)vacancies with terms ending 8-22-2026. Duties The Parks and Recreation Advisory Committee shall advise the City Council as to all City parks and the buildings therein,public outdoor recreation areas and centers and any other grounds placed under its purview by the City Manager. Composition Eleven(11)members appointed by City Council,who are residents of the City and serve without compensation for a two-year term beginning August 23,or until their successor is appointed.The Board elects its Chairman. Creation/Authority Section 2-70,Code of Ordinances. Ord.No. 11046,8/23/72;16511,9/2/81;19831,7/2/87;20294,5/3/88. Meets Member size Term Length/Limit Liaison 2nd Wed.monthly,5:30 p.m.,City Hall, 11 2 years/6 years Catherine Garza 6th Floor Conference Room. Appointing Name District Term Start d.te End date Authority Position Status Attendance Seeking Joan A.Adams-Wolfe District Partial 9/5/2023 8/22/2024 City Council reappointment 11/11 meetings-100% Seeking Joe De La Paz District 1 Partial 2/13/2024 8/22/2024 City Council reappointment 12/12 meetings-100% Seeking Linda Lindsey District 5 1 2/8/2022 8/22/2024 City Council Chair reappointment 5/6 meetings-83% Not seeking Kellie Summers District 1 8/9/2022 8/22/2024 City Council reappointment Met the six-year Twi[a Steve ns District 3 8/21/2018 8/22/2024 City Council Vice-Chair service limitation George W.Woods III District 4 Partial 4/16/2024 8/22/2025 City Council Active Shawn C.Flanagan District 1 8/8/2023 8/22/2025 City Council Active James M.Lehnert District 1 8/8/2023 8/22/2025 City Council Active Howard L.Schauer District 3 4/24/2019 8/22/2025 City Council Active Adam Rios Districts 1 4/11/2023 8/22/2025 City Council Active ThomasCronnon I District 11 1/11/2022 8/22/2025 1 City Council Active 8-13-2024 PARKS&RECREATION ADVISORY COMMITTEE Applicant List Name District Status Joan A.Adams-Wolfe District 2 Seeking reappointment Mark Borgeson Sr. District 5 Applied Joe De La Paz District 1 Seeking reappointment Jay Gardner District 4 Applied Liz Gillenwater District 4 Applied Jackson W. Gray District 5 Applied Alison Johnson District 3 Applied Linda Lindsey District 5 Seeking reappointment Elaine Longoria-Carter District 5 Applied Audrey L. Parmar District 2 Applied Noe A. Perez District 5 Applied Timothy W. Rawls District 4 Applied Michael L. Rittgers District 5 Applied Gabrielle R.Salcido District 5 Applied Rudy Salomon District 2 Applied Robert Voorheis District 5 Applied CITY OF CORPUS CHRISTI Submit Date: Jul 19, 2024 Application for a City Board, Commission, Committee or Corporation Profile Joan A _ Adams-Wolfe First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78404 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 4 Postural Alignment Self Movement Director _ Instructor Employer Job Title Occupation Work Address - Street Address and Suite Number 215 Louisiana Ave Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work Phone 512-517-3214 Joan A Adams-Wolfe Work E-mail address missjoanw@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) - BA in Dance Education - Movement & Balance Educator for Seniors - All Saints' Episcopal Church - Active volunteer member of TX Master Naturalist - South Texas Chapter - Active member of the Audubon Outdoor Club - Active member of the Corpus Christi Pan American Round Table - Secretary of the Coastal Bend Chapter of Surfrider Foundation Why are you interested in serving on a City board, commission or committee? As a Corpus Christi native and resident I am passionate about our unique designation as an international migratory bird hotspot, and I would like to offer my energy and expertise by applying for a position on the City Parks & Recreation committee. Birds depend on trees and green space for survival, and our parks system can provide the curated habitat that migratory birds need to thrive. In addition, Eco-tourism is an untapped resource in our city, deemed 'The Birdiest City in Texas.' Through habitat preservation and enhancement, planting of 'bird and pollinator attracting' native plants, trees and grasses, and tapping into the wealth of volunteers and bird-friendly and naturalist organizations in Corpus Christi (for example, the working relationship at Blucher Park between the Audubon Outdoor Club & Texas Master Naturalist and the Parks Department) we could help reverse declining bird populations AND increase eco-tourism in Corpus Christi. Thank you for considering me for this important position. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Joan A Adams-Wolfe No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender fJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Joan A Adams-Wolfe Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification Joan A Adams-Wolfe City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Joan A Adams-Wolfe Joan Adams-Wolfe Movement Therapist for Seniors Early Childhood Dance Educator/Curriculum Director Employment History 2022 - present Director of Body Balance for Seniors 2001 - 2020 Owner/Director of Kidstar Performing Arts Camp, Austin TX 1996 - 2020 Curriculum Leader, Young Children's Division, Ballet Austin Academy, Austin, TX 1993 - 1996 Membership Director, Dance Umbrella, Austin, TX 1990 - 1993 Creative Movement instructor, Discovery School, Austin, TX Education and Training BA in Dance, University of Colorado Boulder, CO SDIT, Creative Dance Center, Seattle WA Dance Education Laboratory (DEL) NY, NY Organization Affiliations Member of TX Master Naturalist - South Texas Chapter Member of the Audubon Outdoor Club Member of the Corpus Christi Pan American Round Table Secretary of the Coastal Bend Chapter of Surfrider Foundation References Bibi Dalrymple bibidalrymple@gmail.com Martha Blair Groner mbg1960@gmail.com Contact Joan Adams-Wolfe 215 Louisiana Ave CC, TX 78404 (512) 517-3214 CITY OF CORPUS CHRISTI Submit Date: Jan 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr. Mark Borgeson Sr Prefix First Name Last Name _.. Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 1 Los Angeles County (Retired) Deputy Probation Officer II Probation Officer Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Mr. Mark Borgeson Sr Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Business Degree from Azusa Pacific Univ., Played College Basketball, as well as Professional in Europe; College PE Instructor (2 years), High School Teacher (2 years), Substitute Teacher (4 years), College Basketball Coach (12 seasons), Professional Basketball Coach (3 seasons), Small Business owner (Sports Management Company), Special Olympics Advisory Board (2 years), juvenile Probation Officer for Los Angeles County (25 years); while with LA Co., I was Staff Training Coordinator (7 years), teaching many courses (7 years); Was the Coordinator for the ART (Aggression Replacement Therapy) Program, as well as the DBT (Dialectical Behavior Therapy) Program. I was liaison with LA Co. Dept of Mental Health for both these programs, as well as the liaison with LA Co. Fire Department in charge of coordinating the Camp 17 Fire Program for the juveniles who were being trained by the LA Co. Fire Dept; Why are you interested in serving on a City board, commission or committee? Yes Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes r. No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes ?-. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Mr. Mark Borgeson Sr Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r- Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Mr. Mark Borgeson Sr Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Mr. Mark Borgeson Sr Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. fJ I Agree Mr. Mark Borgeson Sr MARK H. BORGESON, SR. 7713 Fred's Folly Dr. Corpus Christi, TX 78414 (909) 257-6539 Objective To obtain a position with the City of Corpus Christi Parks and Recreation Advisory Committee Education Azusa Pacific University, BA in Business Administration Sports Management • International Scout/Manager with DBI Sports Management • Securing contracts for professional basketball players in international markets • Training and development of players during the offseason • Scouting and recruiting of potential professional players Law Enforcement, Retired (25 years) • Deputy Probation Officer II, Los Angeles County Probation Dept. STC (Standards & Training for Corrections) Coordinator & Instructor Dialectical Behavior Therapy (DBT) Program Coordinator (In conjunction with Department of Mental Health) for youth • Liaison to the LA Co. Fire Department for Fire Academy Program • Direct supervision, counseling, and court reporting of LA County incarcerated youth • Mentoring and Training of fellow DPO's and GSN • Responsible of completing State and Federal audits • Responsible for the creation, development, maintenance and distribution of numerous administrative reports, staff orientation manuals, intervention tracking logs, STC tracking logs, staff monthly schedules, and other administrative forms and documents. Participated with Human Resources in many LA Co. Probation recruiting events at various college campuses and military bases. • Part-Time Adjunct Professor, East Los Angeles College Basketball Experience Head Coach • Winling Basketball Club, Hong Kong, China (Professional Club, 3 seasons) Won a Championship & named Coach of the Year • Advanced to Championship Finals twice • Responsible for recruiting foreign professionals; All practice & game prep • Atlantic Shores High School, Virginia Beach, VA Served as Director of Athletics as well as Head Coach • Azusa Pacific Univ, Azusa, CA Served as Head JV Coach, as well as Varsity Assistant MARK H. BORGESON, SR. 7713 Fred's Folly Dr. Corpus Christi, TX 78414 (909) 257-6539 Assistant Coach • Central Connecticut State University (NCAA DI), New Britain, CT • Chaffey College, Rancho Cucamonga, CA (Jr. College) During five seasons, advanced to California Community College State Final 4 on 3 occasions, advancing to the State Championship in 2013 Helped move on 33 of players to four-year school and basketball programs. • Pasadena City College, Pasadena, CA (Jr. College) • Azusa Pacific Univ, CA (NCAA DII), Azusa, CA In all my experience as a collegiate assistant coach, my responsibilities included, but not limited to, the recruiting of student/athletes, player development, academic guidance, monitoring of team study hall & academic attendance; game scheduling; summer camp organization. Playing Experience • Columbia Basin College; Named Team Captain, Scholar/Athlete of Year & Conference MVP • Azusa Pacific Univ.; Named All-Conference HM • Played professionally and with various touring teams in over 10 European countries. Additional Educational/Teaching Experience • Azusa Pacific Univ.; Phys. Ed. Instructor of Activity courses such as volleyball, pickleball, basketball • Gladstone High School (Azusa Unified School Dist.); Taught Physical Education and Math CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Joe "Coach Joe" De La Paz First Name Last Name Email Address Street Address Corpus Christi TX 78410 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 1 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 46 Managed IT, Sales Manager for the Copier/Printers, Business Knight Office Solutions Coastal Bend Phones and smart boards Employer Job Title Occupation Work Address - Street Address and Suite Number 6980 Leopard Street Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78409 Work Phone 361-906-7876 Joe "Coach Joe" De La Paz Work E-mail address josed@knightoffice.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: I currently serve as a Advisory Board member for Parks and Recreations. Education, Professional and/or Community Activity (Present) N/A If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Parks and Recreations Why are you interested in serving on a City board, commission or committee? I went through Leadership Corpus Christi Class #51 Program and want to be involved in the City's improvement and quality of life in my hometown. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes c No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? (.- Yes C No Joe "Coach Joe" De La Paz Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Joe "Coach Joe" De La Paz If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Pr I Agree Joe "Coach Joe" De La Paz City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Joe "Coach Joe" De La Paz Joe De La Paz Employment History �\ Sales Manager for the Coastal Bend (Feb 2024 - Present) Knight Office Solutions As the Sales Manager of The Coastal Bend, my team and I provide top- tier IT services, copiers/printers, business phones, and smart boards to help businesses operate with the latest technology. We consult with 2038 BeckWorth Trail business owners, CEO, and CIO to ensure all their needs are met. Corpus Christi,TX 78410 Area Sales Manager (June 2021- Feb 2024) Gemaire Distributors 361-906-7876 ASM serves as a liaison between Gemaire Distributors Territory Account Managers and licensed HVAC contractors with purchasing equipment, 0\ P&S, programs and benefits and help with marketing. We build strong relationships with owners and purchasing managers by understanding their business goals, their vision and how we can help them achieve success. Store /Conversion Manager (June 1998 — June 2021) Tlh Enterprises Manage day to day operations from payroll, logistics, inventory, training, recruiting, sales, B2B, marketing, collections and achieve profitability each month with 33 locations in Texas. I am a part of a conversion team which deals with buyouts of other rent to own companies that are sold to the company and verify all assets before purchase. 1 Page Experience \ Director/Coach/Public Relations Manager (December 2018 - August 2023) Duke It Out Boxing Non-profit Leadership Corpus Christi Class #5: LCC Alumni Corpus Christi, Parks and Recreation Advisory Committee (2024 - Current) Education Registered Nurse/Psychology (Del Mar College) • Dean's List 2004-2005 (Not completed) High School Diploma (Foy H. Moody High School) • President of Kiwanis Club (May 1995) References • Efrain Franco Jr. 361-816-3022 8 Years Josh Cantu 361-542-7881 12 Years John Sanchez 361-389-9777 5 Years 2 1 P a g e CITY OF CORPUS CHRISTI Submit Date: May 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Jay Gardner First Name Last Name Email Address 7- Street Address Corpus Christi TX 78418 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 43 Environmental LJA Environmental Services, Consultant/Business LLC Project Manager Developmnet Employer Job Title Occupation Work Address - Street Address and Suite Number 5350 S. Staples, Ste 425 Work Address - City corpus christi Work Address - State texas Work Address - Zip Code 78411 Work Phone 3613602138 Jay Gardner Work E-mail address jgardner@LJA.com Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: previous chair of WBAC, and recently termed off of ISAC Education, Professional and/or Community Activity (Present) TAMU-CC degree, and previous WBAC and ISAC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? to continue the momentum of projects getting done in the city Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? i- Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? � Yes t- No Are you a current candidate in an election for a non-city public office? x Yes r No Jay Gardner Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rJ Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? f- Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. LJA Engineering, Inc, my parent company, currently has several contracts, and pending proposals/ SOQ's filed with the city mainly regarding street projects Jay Gardner Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Jay Gardner City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jay Gardner JAY GARDNER `AA ft ENV. PROJECT MANAGER/REGULATORY&PERMITTING LJA ENVIR6NMENTAL SIMILAR DESIGN EXPERIENCE Jay has extensive background and experience with USACE permitting (Sec's 404 and 10), environmental assessments and regulatory compliance, wetland delineation, beach and dune permitting, restoration, mitigation, NEPA compliance, and a variety of other environmental monitoring and reporting. Projects and clients have ranged from private individuals to cities, counties,the federal government, and other entities. Projects have included permitting for infrastructure, private/commercial development, boat ramps, mitigation, shoreline protection, bulkheads, roads, and many other projects.Jay has close working YEARS OF relationships with a variety County Commissioners,City Councils,the TGLO, 22 EXPERIENCE USACE, USFWS, private homeowner associations, landowners, and NGO's. He has completed many successful projects for the City of Corpus Christi and has always remained "on call"for staff whenever they have questions or issues. He w, EDUCATION successfully leverages city funds to add additional value to projects, 2000, BS, Biology,Texas A&M and his knowledge of the permitting process typically results in reduced permitting University - Corpus Christi timeframes." Qr CERTIFICATIONS/ RELEVANT PROJECT EXPERIENCE MEMBERSHIPS OSHA NEPA Compliance HAZWOPER • Categorical Exclusion Document (CE) — Williams Drive Phase III — researched and Certified Wetland Delineator, drafted CE document for TxDOT and FHA. Coordinated with multiple partners (City Wetland Training Institute of Corpus Christi and sub-consultants. MOCC Boat Certification • Environmental Assessment(EA)—SH 200 Ingleside Industrial Corridor—researched USFWS/DOI and drafted EA document for TxDOT and FHA. Work also included coordination Vice President, Coastal with the Texas Historical Commission. • NEPA compliance required for all USACE Individual Permits. Conservation Association, Environmental Assessments and Other Regulatory Experience Corpus Christi Chapter . Project support associated with Phase I Environmental Site Assessments for San Chair, Habitat Today/Fish for Patricio County, City of Ingleside, and Baffin Bay Water Supply Company. Tomorrow Committee,Coastal 0 Development and submittal of Texas General Land Office (GLO) land lease Conservation Association applications for City of Corpus Christi, City of Port Aransas, many private (CCA) State Board landowners(piers and docks) and the oil and gas industry. Past Chair, Island Strategic • Have completed and approved several Environmental Reports for USDA — State Action Committee for the Revolving Fund and EDAP Programs. Corpus Christi City Council Permitting and Regulatory • Provided project and permitting support for civil and coastal engineering projects Previous Co-Chair,Watershore including roadways, drainage improvements, wastewater treatment plants, oil and and Beach Advisory gas pipelines, beach maintenance and nourishment, and private developments. • ESA formal and informal ESA Section 7 endangered species act consultation for Cameron County, Nueces County, City of Port Aransas, Texas General Land Office and private developments LA14 Parks and Recreation AdvisoryCommittee We seek solutions. A CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Liz Gillenwater First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78418 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 42 Texas A&M University - Admin for the Department Corpus Christi Administrative Associate IV of Music Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Dr., Unit 5720 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78412 Work Phone 3618255523 Liz Gillenwater Work E-mail address liz.gillenwater@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I am working on my BBA in Management at TAMUCC and working full-time there. I also participate in the Flour Bluff Primary/Elementary SBDM as a parent representative and I serve on the Pride Advisory Committee. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Parks & Recreation Advisory Committee 2. Sister City Committee 3. Ethics Commission Why are you interested in serving on a City board, commission or committee? Now that my children are older, I have more time to lend my voice to helping our city in any way I can. I would like to serve on a committee or commission so that I can maybe I can make a positive difference in our community. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Liz Gillenwater Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Liz Gillenwater Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Liz Gillenwater City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Liz Gillenwater CITY OF CORPUS CHRISTI Submit Date: Aug 08, 2023 Application for a City Board, Commission, Committee or Corporation Profile Jackson W _ Gray First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the city? 0 Yes r No If yes, how many years? 6 Gray and Associates CPA Firm _ Project Manager Employer Job Title Work Address - Street Address and Suite Number 4205 Ridge View Drive Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78413 Work E-mail address jackson@gray.cpa Jackson W Gray Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA in philosophy and pre-law, current MBA candidate, US Army veteran, certified Texas Master Naturalist, VFW volunteer Why are you interested in serving on a City board, commission or committee? I care about Corpus Christi and believe in preserving and uplifting natural spaces for it's citizens Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes (- No Are you a current candidate in an election for a non-city public office? r Yes ?-. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Jackson W Gray Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Jackson W Gray Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. ,W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Jackson W Gray Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jackson W Gray CITY OF CORPUS CHRISTI Submit Date: Jul 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Alison Johnson First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78415 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 10 Coastal Bend Wellness Director of Community Foundation Health Outreach Health Employer Job Title Occupation Work Address - Street Address and Suite Number 2882 Holly Road Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78415 Work Phone 3618142001 Alison Johnson Work E-mail address alisonj@cbwellness.org Preferred Mailing Address 9 Work Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Master of Science I December 2013 1 Texas A&M University - Corpus Christi • Major: Counseling, Emphasis in Addictions Bachelor of science I May 20111 University of Texas - San Antonio • Major: Community Health • Minor: Non-Profit Management If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) N/A Why are you interested in serving on a City board, commission or committee? I am interested in serving on the Parks & Recreation Advisory Committee because I have a passion for community well-being. I want to be a part of enhancing my community's quality of life. Parks and recreation facilities contribute significantly to community health, leisure, and social interactions. Serving on such a committee allows me to directly impact decisions related to park development, programming, and maintenance. It offers a chance to shape the environment people live in. I hope to have a voice in promoting physical activities and mental well-being. I am interesting in fostering healthier lifestyles within my community. It's an opportunity to engage with fellow community members, collaborate with local government officials, and work towards common goals that benefit everyone. Serving on an advisory committee can provide valuable experience in governance, leadership, and public service, which can be personally fulfilling and professionally beneficial. By joining this advisory committee, I aim to ensure that future generations have access to well-maintained facilities and spaces where they spend time outdoors, making memories, staying physically active. Upload a Resume Alison Johnson Are you an ex-Off icio member of a City Board, commission or committee? Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r= No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Alison Johnson Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r. No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r- Yes r. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification Alison Johnson City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Alison Johnson ALISON JOHNSON Corpus Christi,TX 78415 1 361-522-0076 Overview Innovative leader with strong background in clinical programs, social services,policy,and public health administration. Strong working knowledge of core public service programs. Passionate and committed to public service,public health,and the community. Education Master of Science I December 2013 1 Texas A&M University- Corpus Christi • Major: Counseling, Emphasis in Addictions Bachelor of science I May 20111 University of Texas - San Antonio • Major: Community Health • Minor: Non-Profit Management Licenses & Certifications • Certified Health Education Specialist(20592) - National Commission for Health Education Credentialing • Community Health Worker (14499) -Texas Department of State Health Services • Licensed Chemical Dependency Counselor (12875) -Texas Department of State Health Services Experience Director of Community Health Outreach I Coastal Bend Wellness Foundation February 2012 - Present • Plan, organize,and oversee the daily administration and operation of public health programs and services including the management of budget,finances,information,infrastructure, and personnel. • Directs and oversees public health activities in communicable, chronic,and infectious disease control to develop policy,programmatic, and continuous quality improvement • Led the engagement of stakeholders to conduct needs assessment and evaluate current and possible health issues impacting the community and issue recommendations and reports for consideration • Develop strategies for health-related social marketing/communications projects and public health campaigns to promote and obtain cooperation of the community • Direct research, analysis,and assistance in identifying funding resources and oversee preparation and submission of grant proposals which resulted in awards of more than$10 million in local, state, and federal awards. • Oversee and implement grant funded program to enforce contractual agreements and compliance. • Supervises changes to department in staffing,work processing and management of information systems to increase effectiveness,efficiency and reduce administrative costs. • Responsible for the coordination with internal and external stakeholders to build community partner capacity in the provision of culturally competent,evidence-based programming/interventions for high- risk populations and collaborate to facilitate the integration of services. • Oversee research, data collection, analysis,and compilation relative to local case finding and disease investigations to monitor statistics and provide real-time data for effective assessment,analysis, and control initiatives. • Identify opportunities for service improvement to boost operations, efficacy,and service to the community to enhance public health's and reduce health disparities. • Develop and execute work plan and associated timeline for health preventions initiative for all high- risk populations,and coordinate/facilitate community events. • Ensure compliance in a clinic operation setting with all applicable legal and regulatory requirements. • Oversee safety issues for the department including reviewing incident and accident reports and make recommendations • Serves as a principal advisor in developing and formulating short and long-range goals, objectives, and policies for community health programs and services. • Prepare correspondence regarding department operations, policies,and procedures. Represent the department and organization in a professional manner. • Prepare and present a variety of reports regarding department activities,accomplishments and goals to inform stakeholders and the public of health program changes and enhancements and to seek support for the department's initiatives,projects, and programs. 2 CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Linda Lindsey First Name Last Name Email Address 7- 1 Street Address CORPUS CHRISTI TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 18 Supervisor of Student A&M Teaching Teacher/Coach Employer Job Title Occupation Work Address - Street Address and Suite Number A&M Kingsville Work Address - City Corpus Christi area Work Address - State Texas Work Phone 8302794772 Work E-mail address Linda.lindsey@houstonisd.org Linda Lindsey Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? (.- Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: Yes parks and rec Education, Professional and/or Community Activity (Present) RETIRED TEACHER/COACH (33 YEARS) - UNDERGRADUATE FROM TEXAS TECH UNIVERSITY 1985 UNDERGRADUATE PHYSICAL EDUCATION TEXAS A&M UNIVERSITY-CORPUS CHRISTI 1998 MASTER'S DEGREE IN EDUCATIONAL ADMINISTRATION 24 GRADUATE HOURS IN SPECIAL EDUCAITON - MY PASSION IS FACILITATING STUDENTS AND SPECIAL NEEDS PERSONS TO BE "THE BEST THEY CAN BE" THROUGH EDUCATION, SPORTS, RECREATION AND COMMUNITY INVOLVEMENT. HUSBAND IS RETIRED MILITARY CURRENTLY WORKING OVERSEAS. INVOLVED WITH 2ND BAPTIST CHURCH CC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks and Rec Island Stategic Action CC Visitor/Tourism Why are you interested in serving on a City board, commission or committee? As a Ling time educator/ coach , I have seen first hand the importance of a positive, vibrant community. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Linda Lindsey Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Eth- 9 Caucasian/Non-Hispanic Gender fW Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes (- No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r- Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? f- Yes r. No Linda Lindsey If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. I do not have any of these connections. Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree Linda Lindsey City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Linda Lindsey CITY OF CORPUS CHRISTI Submit Date: Jan 30, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mrs. Elaine Longoria-Carter Prefix First Name Last Name Email Address Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? At least 60 years. Retired/CCISD School Administrator Elementary Principal Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Work Phone N/A Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Mrs. Elaine Longoria-Carter Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) Graduate of IWA BA Our Lady of the Lake University MS TAMCC LEADERSHIP XII Graduate Recently finished 8 year-service on the Tejas Management Advisory Council. Why are you interested in serving on a City board, commission or committee? As a senior woman, I am interested in studying the present activities offered to seniors to enhance and possibly expand upon them. I believe in the quality of life for seniors is not only important but shows the city's interest and value in attracting and maintaining this age group in our city. I'd love to see programs that will enhance the life and safety of my age group. In addition, I feel inclusion of more seniors is an important factor for the advisory committee to study. I hope I am considered to be a member as I have the time, energy, and interest to serve on this particular committee. Sincerely, Elaine Longoria-Carter Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Mrs. Elaine Longoria-Carter Do you currently serve as an elected official for a non-city public office? Yes r. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender rj Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r. No Does your employer or your spouse's employer have a City contract? f- Yes r= No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r= No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r= No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Mrs. Elaine Longoria-Carter Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Mrs. Elaine Longoria-Carter City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mrs. Elaine Longoria-Carter EIairke LO Qria•Cartet §22t usr-l&IAV*n{q.u1 coqm Ctrft%TX 78414 361-.215.4m hiRpox TV*DAT.svr Ithm k E8 hr UWM-6 asd&&A-Nmkl lPr Nat 4WOW OVWtVkL F 4 r n pdpepre cmWale 1 fi PR a.vo-A coom•II rnr N-oekA-1-d E-ow w I.Mgr P#N+�L,,j in+we PO+Xbk IN Il rwy Yela�i he��akl�drt trErslfrYtl5l+r��MCI�ti Lir1,,dNLtrh k41r1 IL,M 4'�r 4�r u*I�EFr+hf l"'!�"'`� ti4Y'R V mWt&Y WPM 4 0 IhM ii LffihhVL 64�ffl tW*Fi.WW4FMw0*M ii tlVrilrwx4j{9#1aY'H dbd O E t sd"IM COrptrq 47wmh!crl r UnFANYft,hd LOW UKFIEHCI OU4D VOUMN5 +i+Srlrw W 7tv womn%mwd*d IV4 Fw4SKxwr-mt Wrrk a Lm4k wrt".a VOM Inpm 2�1 bvvr%wnk Lair a&w 5 OwIn[I[64-ssxd SKrXW4 W*O,LwPft T&AMW Vlt kft SC+W.G7'wr[7r", TA,wow bW4 Xh w Ir�Jtai 4a+.:�w�-n;r�+r.T woy 4me-Awd FKiw mah an f.vm civv+n. TL,kvff AM, I WMW tl4$ChCHA Sc�Pfe"r',rn MeV.-W ho&wMk s I wJ6Qrt SrwdeM QW0 rr r-.yx&MWCL L&pAort ldrrrrrr,Loft"~P4494M 404 gr '�4+4G�Wn C]rrrm F,rAi�Nri`1++1 i�dr4ol����Y�4I�+�plirl°F��4 41R 4f Rar►EMrrr.rCrry rr php:.C&W Wk i WFrAPd h 3nCW r WA illr.wd En W%wol dlnUM e&oww I� ,k w4 a rruh pr W mn IfM rlidff r4 .,w *is irr Liio+re p nmpw rLv*k3G-r547d op%,dm EgE&.(lf'f+WftKp kr IIyFeMwk CFOmlh Uweo& i.rr m S r41{ge t-W pwrt,fL mwv dmffwnUryw w4ww "'1 Wig i6 i .IYP Fti'iI{4(�I rl 6'k1!L»•vwY'';�Kr��{FYp'S �� ICr IhIM yRW'�+E S.:arE Lk F,Wr WL&,,`Serrrrl FQ+Ift"VWL�"L+rCWMpWe4 iye I+Q-r hiN ote*W r4m mLm-ml'�r uwn 7 >i ,AkN+rvww *,.I r hmirNbr IL&4@ hW-P m Bw Lar prrlN-N-KTOOL f]i ftt&MYXS IW PWC4'rw% 1"w- arAwr'+r+4 fir+WHE210b AC dri hX4 Lmbgwpbe kr Fm ywmb n�*Ord-%Ll im 04%1*0 r}K14L�F GwW 'Cb.r Lt ewr,r+,I a�Ll1G�rlFr�fS�I.+r Roiw.°r+d rr.ur°khwi L�Ilr�1/irfiafl5�idY AYL iildi�faY�it IlYilii di Ls rmi,i 00i A&uwr,"A,+ p 1tiW yhSrt ire -.wLry,91P11h WrYbii fJ1 rl�kFtw d`iraidLoYii rim-°4e*r4- IN"*ft-nr/P mmhW*LW Vl* votijbil lr1%VG" '*irA fhhPY=O A M tadb4M i*iirOiif;w Lflf U&%nd Wrp bw'FtrFL '`trot L%rdi IMA&Wks i Lnif.65FW rr1/IL `I FA iir4f few A&fatrriratr+rl 44 iidwpmwi.ewu year■ `1'rrl A bYd R•A r-hk jo IWU+M kEd LpY L Yw MOW% Ilmmm •i•�re r errr�4r�1 Tm FIDE M*F{�:�+��'P I prRp,ys�IirFF tJYi to M*Wrri iiirl]4L7 MII . yrn�ir rl datao-rn Frri. 174rr yrpr� CITY OF CORPUS CHRISTI Submit Date: Aug 01, 2023 Application for a City Board, Commission, Committee or Corporation Profile Dr Audrey L Parmar Prefix First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78411 City State Postal Code What district do you live in? W District 2 Current resident of the city? r Yes (- No If yes, how many years? 41 Primary Phone Alternate Phone ABC pediatrics Pediatrician Employer Job Title Work Address - Street Address and Suite Number 3533 S alameda Work Address - City Corpus christi Work Address - State Texas Work Address - Zip Code 78411 Work Phone 361853322 Dr Audrey L Parmar Work E-mail address Aparmar@abcpeds.net Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) MD physician Why are you interested in serving on a City board, commission or committee? Improving city parks for improved access for all children. To help promote safe environments for increased outdoor physical activity to encourage healthier living in our youth and families. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes (.- No Do you currently serve as an elected official for a non-city public office? r Yes r No Dr Audrey L Parmar Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Not applicable Board-specific questions (if applicable) Dr Audrey L Parmar Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Dr Audrey L Parmar Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Dr Audrey L Parmar CITY OF CORPUS CHRISTI Submit Date: Apr 01, 2024 Application for a City Board, Commission, Committee or Corporation Profile Noe A _ Perez First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 36 Retired from PetroChem Retired from PetroChem Industry Corporate/Safety Retired industry _ VPP Director Employer Job Title Occupation Work Address - Street Address and Suite Number N/A Work Address - City N/A Work Address - State N/A Work Address - Zip Code N/A Work Phone N/A Noe A Perez Work E-mail address N/A Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: N/A Education, Professional and/or Community Activity (Present) Associate Degree (Del Mar College) Minor In Applied Science. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks & Recreation Advisory Comittee Why are you interested in serving on a City board, commission or committee? My wife and I raised 3 children over the last 34 years here in Corpus Christi. We now have a grandson living in the city. I coached my son and his teammates in baseball during Pony baseball until they reached high school. We practiced at many City Parks throughout those years. Then I coached and supported my daughter in basketball during club-ball and City Park & Rec Leagues. I clearly understand the importance of having quality city parks and quality facilities for Park & Recreation Programs. I would like to give back to our community by serving on one of your boards or committees. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes r No Noe A Perez No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r' No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Noe A Perez Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. The question above asked if I am appointed to any board or commission by the mayor and I have not been appointed to any. It continues to ask if I will withdraw my name if I am an appointed member so I indicated yes that I would withdraw my name if I were appointed. There was no place to put N/A for that question. Board-specific questions (if applicable) Question applies to CORPUS CHRISTI COMMISSION ON CHILDREN&YOUTH The Commission on Children & Youth preferred representatives for adult membership from certain categories. High school students must be a Junior or Senior at time of appointment. Do you qualify for any of the following categories? * V Adult At-Large Question applies to HOUSING AUTHORITY Are you a Housing Authority Resident? r Yes �- No Noe A Perez Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Noe A Perez RESUME: NOEY PEREZ 361-834-7590 POSITION: Safety Director OBJECTIVE: Career&Technical Education (CTE) WORK EXPIERENCE: July 2022-November 2022-ESC2 Interim Facility&Maintenance Manager March 2017—2022 PAT Tank-V.P.Business Development. April 1993 to 2017—All Tech Inspection-- QUALSPEC Corporate Safety/VPP Lead Director. Responsible for entire Gulf Coast East Region,overseeing company-wide safety program,including training,testing, all OSHA compliance and OSHA 300 record keeping. Corporate Safety/VPP (Voluntary Protection Program)Director with over Thirty Years experience in company safety&security program,including necessary work and various government entities. Computer technician with over twenty years'experience with mechanical inspection drawings (AUTOCAD)within the refining and petrochemical industry, some training in non-destructive testing. Word,Excel,ACT Programs. EDUCATION: Del Mar College, Corpus Christi TX, (OHST Associates Degree) First-Aid CPR trained. OSHA 500&501 Risk Assessment Damage Control Train the Trainer Radiation Safety Officer SAFETY TRAINING CERTIFICATIONS: United States Department of Labor OSHA Course 501,Trainer Course in Occupational Safety and Health Standards for General Industry Texas Safety Association's Southwest Annual Conference,Houston,TX Texas Safety Association Corpus Christi Safety Seminar,Corpus Christi,TX National Center for Safety&Environmental Training Course, OSHA: The 2 Day Compliance update Boart Longyear Radiation Safety and Use of Nuclear Gauges Course,Corpus Christi,TX 3M Respirator Training Instructor Comprehensive Training Program,Corpus Christi,TX. International Haz-Mat and Safety Consultants Personal Protective Equipment Course, Corpus Christi TX International Haz-Mat and Safety Consultants Supervisors Safety Training Course, Corpus Christi,TX International Haz-Mat and Safety Consultants Train the Trainer Course,Corpus Christi,TX Texas Safety Association's Introduction to Workplace Ergonomics, Corpus Christi,TX Texas Safety Association's Safety&Health Committee Empowerment, Corpus Christi,TX Texas Safety Association's Accident Investigation Techniques Course, Corpus Christi,TX International Haz-Mat and Safety Consultants OSHA/RCRA Hazardous Materials Refresher Course, Corpus Christi,TX RESUME: NOEY PEREZ (cont.) Texas Safety Association's Introduction to Workplace Ergonomics, Corpus Christi,TX Texas Safety Association's Safety&Health Committee Empowerment, Corpus Christi,TX Texas Safety Association's Accident Investigation Techniques Course, Corpus Christi,TX International Haz-Mat and Safety Consultants OSHA/RCRA Hazardous Materials Refresher Course, Corpus Christi,TX. Trenching&Shoring Competent Person. Cause Mapping Certificate (Root Cause Investigation) Smith Driving Instructor Fall Protection Competent Person RADIATION SAFETY OFFICER CERTIFICATE (RSO) Ulm Sharp Radiation Safety Consultants) CURRENT TWIC CARD HOLDER TWIC Card Approved RESOURCES: ASSE American Society of Safety Engineers NSC National Safety Council Member of various Contractor Safety Councils along the Gulf Coast OSHA Occupational Safety&Health Administration COMPLIANCE: NCMS National Compliance Management Services ISNetworld PEC Premier Compliance AVETA formerly PIC's Compliance BROWNZ Compliance VERIFORCE Compliance REFERENCES: Helen Soliz (OSHA Occupational Safety&Health Administration) 361-232-3039 Ralph Melendez (AMERAPEX NDE Region Manager) 512-788-1542 CITY OF CORPUS CHRISTI Submit Date: Feb 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Timothy w _ Rawls First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 5 Rawls Homes /Tejas Countertops Owner _ Builder/ Contractor Employer Job Title Occupation Work Address - Street Address and Suite Number 3609 wow rd Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78413 Work Phone 3617277484 Timothy W Rawls Work E-mail address Rawlshomes@yahoo.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: None Why are you interested in serving on a City board, commission or committee? I would like to be apart if the change of Corpus Christi. Are you an ex-Off icio member of a City Board, commission or committee? r' Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r' Yes r No Are you a current candidate in an election for a non-city public office? r° Yes �- No Do you currently serve as an elected official for a non-city public office? r` Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/a Timothy W Rawls Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? f- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Timothy W Rawls Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Timothy W Rawls Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Timothy W Rawls CITY OF CORPUS CHRISTI Submit Date: Jan 12, 2024 Application for a City Board, Commission, Committee or Corporation Profile Michael L. _ Rittgers First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78414 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 70 Retired Fire Captain _ Firefighter Employer Job Title Occupation Work Address - Street Address and Suite Number Retired Work Address - City Corpus Christi Work Address - State Texas Preferred Mailing Address W Home/Primary Address Michael L. Rittgers Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) King High School Graduate - 1971 48 hrs toward a Fire Science Degree - Del Mar If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Parks & Rec Why are you interested in serving on a City board, commission or committee? Interested in Community involvement Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r° Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Michael L. Rittgers Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Michael L. Rittgers Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. ,W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. V I Agree Michael L. Rittgers Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Michael L. Rittgers CITY OF CORPUS CHRISTI Submit Date: Jul 03, 2024 Application for a City Board, Commission, Committee or Corporation Profile Gabrielle R _ Salcido First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 34 Prosperity Bank Assistant Vice President Commercial Lender Employer Job Title Occupation Work Address - Street Address and Suite Number 921 N Water Street Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78401 Work Phone 361-887-8771 Gabrielle R Salcido Work E-mail address gabrielle.salcido@prosperitybankusa.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) ORGANIZATIONS: Leadership Corpus Christi Class 52 Alumni EDUCATION: #1: College/University/Institution Location: Texas A&M University- Corpus Christi Texas Degree/ Certification awarded: Bachelor of Business Administration - Finance Year Awarded: 2017 #2: College/University/Institution: Location: Del Mar College Degree/ Certification awarded: Associated of Arts - Criminal Justice Year Awarded: 2011 EMPLOYMENT 2017 - CURRENT LENDING ASSISTANT, PROSPERITY BANK Responsible for assisting a high volume loan officer in gathering documents needed to create a loan package, and processing loan package through life cycle from origination to close. Maintain exception reports to ensure all loans with banking center are in compliance. Assist customer with their bank needs. Maintained knowledge and skills in Integrated teller, Precision, Director, Architect, Treasury Management, and Business Process Manager. 2012 - 2014 TAX PREPARER/ BOOK KEEPER, IMBOC INCOME TAX SERVICE Responsible with helping customers complete personal tax returns, create business financial statements, submitting annual reports such as sales tax to the state of Texas helping business maintain their franchise tax status, organize receipts and bank statements to assist in creating business tax returns. Gained knowledge and skills in TaxSlayer and QuickBooks. 2009 - 2017 BANK TELLER, PROSPERITY BANK Responsible with keeping a cash drawer and balancing it daily, assisting customers with their bank needs, balancing vault and ATM, completing daily logs, and ensuring necessary reports are completed. Gained knowledge and skills in Integrated teller, Precision, Director, Architect, Treasury Management, and Business Process Manager. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Corpus Christi Community Improvement Corporation /Loan Review Committee board position Why are you interested in serving on a City board, commission or committee? I was born and raised in Corpus Christi, and I am passionate about where I live and serving my community. As a leader in the banking industry, I am interested in helping our local community in my developed skills and experience. As a parent of small children I am raising in our local community I am personally interested in local parks and youth centers. Gabrielle R Salcido Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? rr Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r•° No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Gabrielle R Salcido Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Gabrielle R Salcido Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. IJ I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. I°J I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. V I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Gabrielle R Salcido GABRIELLE SALCIDO Corpus Christi TX 78413 • 361-673-2713 To further my community involvement in my local community. EXPERIENCE 2020 - CURRENT COMMERCIAL LENDER, PROSPERITY BANK As a Commercial Banker, my primary role is to grow and retain profitable relationships.This is accomplished by focusing on the delivery of VALUE-ADDED solutions to our clients and prospects that will help them reach their goals and maximize our revenues over the life of the relationship. Fully experienced, qualified relationship manager capable of independent activity. Proven client relationship skills, as well as extensive product knowledge, technical expertise, and strong transaction execution skills. Credit process management is a critical component of my job. Performance is measured by my effectiveness in many marketing areas, including but not limited to calling activity, proposal generation, revenue generation, risk mitigation, ability to build successful relationships, and propensity to help build the franchise for the long term. I also seek opportunities to cross sell into every relationship and anticipate the future needs of the client. 2017 - CURRENT LENDING ASSISTANT, PROSPERITY BANK Responsible for assisting a high volume loan officer in gathering documents needed to create a loan package, and processing loan package through life cycle from origination to close. Maintain exception reports to ensure all loans with banking center are in compliance.Assist customer with their bank needs. Maintained knowledge and skills in Integrated teller, Precision, Director,Architect,Treasury Management, and Business Process Manager. 2012 - 2014 TAX PREPARER/ BOOK KEEPER, IMBOC INCOME TAX SERVICE Responsible with helping customers complete personal tax returns, create business financial statements, submitting annual reports such as sales tax to the state of Texas helping business maintain their franchise tax status, organize receipts and bank statements to assist in creating business tax returns. Gained knowledge and skills in TaxSlayer and QuickBooks. 2009 - 2017 BANK TELLER, PROSPERITY BANK Responsible with keeping a cash drawer and balancing it daily, assisting customers with their bank needs, balancing vault and ATM, completing daily logs, and ensuring necessary reports are completed. Gained knowledge and skills in Integrated teller, Precision, Director,Architect,Treasury Management, and Business Process Manager. EDUCATION MAY 2017 BACHELORS OF BUSINESS ADMINSTRATION - FINANCE, TEXAS A&M UNIVERSITY CORPUS CHRISTI Student Finance Organization: Fall 2016 -Spring 2017 Completed 30 hours in finance courses and 9 hours in Accounting Courses (Please see attached for list of successful course completions.) MAY 2012 ASSOCIATES OF ARTS - CRIMINAL JUSTICE, DEL MAR COLLEGE Criminal Justice Club: Secretary Fall 2009 -Spring 2010 SPECIALIZED SKILLS • Advance knowledge in Microsoft programs Strong ability to multitask • Advance knowledge in Prosperity Bank systems, Intermediate knowledge of tax system software policies and procedures Notary Public certified • Extensive experience in banking industry Strong verbal and written communication skills LEADERSHIP SKILLS • Leadership Corpus Christi -Class of 52 • First Ladies First Gentlemen's Travel Club Area Coordinator • Current Bank Officer • Money Smart Program Leader for banking center • Missionary for homeless and orphanage in Mexico. • Cheer Coach 2 GABRIELLE SALCIDO Corpus Christi Texas 78413 361-673-2713 FINANCE HRS ACCOUNTING HRS 3.00 PERSONAL FINANCE 3.000 FINANCE ACCOUTNING 0 3.00 FINANCIAL MANAGEMENT 3.000 MANAGERIAL ACCOUNTING 0 3.00 INTERNATIONAL FINANCE 3.000 COST ACCOUNTING 0 9.00 INVESTMENTS 3.000 TOTAL 0 INTRO TO DERIVATIVE SECURITIES 3.000 INTERMEDIATE CORPORATE FINANCE 3.000 SECURITY ANALYSIS PORTFOLIO 3.000 INSURANCE PRINCIPLES 3.000 ADVANCED FINANCIAL MANAGEMENT 3.000 ENTREPRENEURIAL FINANCE 3.000 30.0 TOTAL 00 CITY OF CORPUS CHRISTI Submit Date: Jul 08, 2024 Application for a City Board, Commission, Committee or Corporation Profile Rudy Salomon First Name Last Name Email Address 7- Street Address Corpus Christi TX 78404 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 39 Enel Green Power North Renewable Energy America Engineer Engineer Employer Job Title Occupation Work Address - Street Address and Suite Number 614 Ohio Avenue Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78404 Work Phone 978-7730645 Rudy Salomon Work E-mail address rudy.salomon@enel.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Texas A&M University Corpus Christi Graduate in B.S. Mechanical Engineering Del Mar College Graduate Speech Communication A.A. Graduate If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Arts & Cultural Commission 2. Nueces County Parks & Recreation Advisory Committee 3. Construction Trade Advisory & Appeals Board 4. Tax Appraisal District Why are you interested in serving on a City board, commission or committee? As a lifelong resident of Corpus Christi, I'm deeply invested in the city's success. My extensive experience in the engineering and construction industry, particularly with leading national firms, has provided me with a strong understanding of project management, cost control, and efficient execution across a wide range of project sizes (from $50 million to $5 billion). This experience has also given me valuable insights into the best practices employed by world-class organizations. I'm passionate about leveraging this expertise to contribute to our city's growth and development. Serving on a board, commission, or committee would allow me to directly participate in shaping a thriving future for Corpus Christi and its citizens. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? Yes (.- No Rudy Salomon No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender V Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Rudy Salomon Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Question applies to ARTS&CULTURAL COMMISSION The Arts & Cultural Commission preferred representatives from certain categories. Do you qualify for any of the following categories? W Higher Education fJ Business Development Groups / Corporate Representative Question applies to BUILDING STANDARDS BOARD The Building Standards Board preferred representatives from certain categories. Do you qualify for any of the following categories? rJ Engineer Question applies to BUILDING STANDARDS BOARD Are you a Homeowner in the City of Corpus Christi? t= Yes r No Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? Fo None of the above Rudy Salomon Question applies to CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT The Corpus Christi Downtown Management District must include representatives from certain categories. Do you qualify for any of the following categories? fJ Resident of the District Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? � Yes r No Question applies to CONSTRUCTION TRADE ADVISORY&APPEALS BOARD The Construction Trade Advisory & Appeals Board must include representatives from certain categories. Do you qualify for any of the following categories? CJ Engineer or Architect Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE The Capital Improvement Advisory Committee must include representatives from certain industries. Do you qualify for any of the following industries? • Development • Building Industry\, Question applies to CAPITAL IMPROVEMENTS ADVISORY COMMITTEE One member shall be a representative of the City's extraterritorial jurisdiction if impact fees are proposed. Do you qualify? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a resident and will have resided in the County Appraisal District for at least 2 years before assuming office on January 1st? (Mandatory: Must meet both criteria) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you currently serve on any District Taxing Unit's governing board? (Yes or no remain eligible) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you an employee of any of the District's Taxing Units? (Mandatory: If just employee, then ineligible. If employee and also on governing board or elected official of a taxing unit, then remains eligible). f- Yes r No Rudy Salomon Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you related within 2nd degree by consanguinity or affinity (per Chapter 573 Government Code) to an appraiser of Property for Compensation for use in proceedings at the District or represent any property owner(s) in such proceedings? (Yes to either = disqualified) r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Do you own any property on which taxes are delinquent more than 60 days after the date you know or should have known? Exceptions are: (1) Delinquent taxes + penalties / interest being paid in installment agreement (2) Suit to collect is deferred or abated under 33.06 or 33.065 r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Have you served on the District's board for all or part of 5 terms? Exception are: (1) Was Tax Assessor - Collector at the time r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of appraising property for compensation for use in any District proceedings at any time in the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you engaged in the business of representing property owners for compensation in proceedings at the District at any time during the preceding 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Were you an employee of the District at any time in the last 3 years? r Yes r No Question applies to NUECES COUNTY TAX APPRAISAL DISTRICT Are you a business in which you have a substantial interest a party to a contract with either (1) the Appraisal District or (2) a taxing unit that participates in the District if the contract relates to the performance of an activity governed by the Texas Property Tax Code? r Yes r No Verification Rudy Salomon City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Rudy Salomon INTERNAL Rudy Salomon 361.446.1511 Professional Summary Highly motivated and results-oriented Contract Development Engineer with 5+ years of experience in: Wind Solar & Battery Energy Storage Systems (BESS) design, development, and implementation. Proven ability to manage all technical aspects of projects from conception to operation, ensuring adherence to Company internal and National guidelines and industry standards. Expertise in lithium-ion battery technologies and a strong commitment to collaborating effectively within a diverse team environment. Education Texas A&M University-Corpus Christi Bachelor of Science in Mechanical Engineering Related Experience Enel Green Power North America 2022 - Present • Current Role: Contract Development engineer • Contract development, execution and management for all North American Region facilities dealing with cross technology lines (Solar/Wind/BESS/Geothermal). Clear understanding of all facets of engineering, procurement, project construction and execution and safety as highest priority. Lead the execution and management of contracts for renewable energy facilities across North America, ensuring compliance with engineering, procurement, and safety standards. • Lead the development and execution of BESS projects for North American renewable energy facilities, utilizing lithium-ion battery technology. Manage all technical aspects from design inception to operation, ensuring successful project delivery within budget and adhering to industry standards (NEC, IEEE) and company guidelines. Collaborate with internal teams and external stakeholders to navigate permitting processes and secure project approvals, designs and costs are met. • Identify and mitigate project risks through comprehensive risk assessments, resulting in a reduction in cost overruns. • Effectively collaborate with diverse stakeholders, including internal teams, contractors, and regulatory agencies, to achieve project milestones on time and within budget. Kiewit Energy Field/Office Engineer 2019 - 2022 • Environment Permitting Research Federal contract permitting requirements for Renewable Energy projects based on client needs. Create condition reports based on client contracts and regulatory committees such as FERC & Army Corps of Engineers and many more organizations based on Federal, State and regional levels. Discipline preplanning with clients for project execution, budget and forecasting. Capture regulatory and permit changes across all disciplines. Review calculated emissions. Plan for all project cycles. • Indirects Estimate lead/Subject Matter Expert for EPC estimates • Mechanical Estimator for static and rotational equipment, lending support to multiple Engineering Procurement Construction job bids from $300 million to $4.5 Billion budget scope of work for Renewable Energy, Oil, Gas & Chemical industries. Create material & equipment lift plans utilizing supplied software programs. Read, revise & interpret client supplied drawings (P&ID's, PFD's etc.) for estimate bidding process. • Mechanical Estimate Lead managing EPC job estimates of up to 50 Million scope of work. • Field Engineer tracking weekly progress, manage craft leads and team man hours, cost, material handling, equipment management & installation for disciplines such as: structural, Supports, E&I & Piping for Offshore fabrication. Plan Project Schedule forecasting & Execution. Current project goals include managing key contractual risks and build a lasting legacy with our clients. Currently on pace to complete the current project on time, under budget and without any safety incidents. INTERNAL • Drone mission planning & execution for evaluating progress through video data, 3D model implementation & plot plan integration Rudy Salomon Page 2 Kiewit Offshore Services Field craft personnel 2018 - 2019 • Welders helper for offshore fabrication, Pipe Fitter helper for Offshore fabrication, Plasma cutting table operator for Offshore fabrication. Cut and fabricate material to Blueprint specifications. Evaluate & build client revisions from specified drawings. Related Academic Projects Texas A&M University-Corpus Christi Spring/Fall 2019 Space Solar Power Development • Media development/integration. • Web design for our group website • Design & Fabrication of our model storage container and mechanical assembly, research solar material , battery cooling & insulation Texas A&M University-Kingsville Summer 2016 Project Title: Simulation & Experimental study of Windfarm Layout optimization. (Published) • NSF IR-SEED REU Summer 2016 Program: Integrating Research in Sustainable Energy and the Environment across Disciplines. Research Experience for Undergraduates. • Research & Utilize Genetic Algorithmic functions to calculate maximum power output through Matlab program for 20 wind turbines on a 500 acre radius • Produce cost & Purchase material, design and fabricate a scale model of Wind turbine (5 ft height) to utilize and prove research to show proper power output. Texas A&M University-Kingsville Summer 2015 Project Title: Chemical Process Flow (published) • Researched proper pipe insulation for deep water drilling exploration Skills Leadership Solid Execution & Presentation Skills Conflict Resolution & Time Management Proven Leadership & Supervisory Experience Plan & Execute in High pace environment Problem Solving & Effective Decision-Making Organization & Collaboration Strategic Planning &Analytical Implementation Strong Interpersonal Skills with Diverse Populations Technology Ineight Estimate tool/Hard Dollar, Bluebeam, Autocad, PowerBI, Tableau , Navisworks, Solidworks, WebEx, Zoom, Microsoft Word, Teams, Excel, PowerPoint, Outlook, Google Docs, Google Slides Leadership OrganizationsNolunteerism Society of Hispanic Professional Engineers 2019-Present American Society of Mechanical Engineers 2019-Present Institute of Electrical & Electronics Engineers 2019-2022 Habitat for Humanity volunteer 2017-Present CITY OF CORPUS CHRISTI Submit Date: Jul 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Robert Voorheis First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 2 AEP Reliability Coordinator Transmission Operator Employer Job Title Occupation Work Address - Street Address and Suite Number 12730 Hearn rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78410 Robert Voorheis Which Boards would you like to apply for? PARKS AND RECREATION ADVISORY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Working towards electrical engineering B.S. Work for the electric grid as a transmission line operator. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Sister city Library Parks and rec Why are you interested in serving on a City board, commission or committee? I have been interested in ways to support and take pride in my city and people. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r•` Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r- Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Robert Voorheis Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? f- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Robert Voorheis Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Robert Voorheis Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Robert Voorheis SISTER CITY COMMITTEE Three(3)vacancies with terms ending 9-1-2027. Duties The Sister City Committee studies ways and means of improving relations with the Corpus Christi Sister Cities and to advise and consult with and assist the Mayor, the City Council,the City Manager and all other City agencies,boards and officials in accomplishing the purposes of the Sister City Program. Composition The Committee shall consist of nine(9)members who shall be appointed by the City Council and shall serve three-year terms.In addition,representatives from the following City departments shall serve as ex-officio,non-voting members of the steering committee:Mayor's Office,Corpus Christi International Airport and Parks and Recreation.The officers of the steering committee shall consist of a General Chair and Vice-Chair.The Chair and Vice-Chair shall be elected by majority vote of the Sister City Committee annually. If the General Chair is absent,the Vice-Chair shall serve as General Chair during his/her absence.The steering committee may appoint any other subcommittee as,in its judgment,will aid it in carrying out its duties.The steering committee shall determine the membership of each said subcommittee,its duties and chairman.The membership of each said subcommittee shall consist of members of the steering committee and,at the option of the steering committee,members from the community at-large. Creation/Authority Section 2-150,Code of Ordinances.Ord.Nos.10195,14291,18961,M86-0043-1/28/86;19474-9/16/86;19635-2/17/87;21045-12/11/90;021236-9/10/91; 023424-8-25-98;029687-11-20-12;030913-8/9/16;031963-12/17/19 Meets Member Size Term Length/Limit Liaison Second Thursday of the month at 12:00 p.m.at the 9 3 years/6 years ReVae Crenshaw City Hall3rd floor Engineering Smartboard Room Appointing Name District Term Start d.te End date Authority Position Status Attendance Seeking Adria P.Vasquez District 1 8/10/2021 9/1/2024 City Council reappointment 9/9 meetings-100% Seeking 7/9 meetings-78% Mourad Hasbaoui District 3 Partial 7/18/2023 9/1/2024 City Council reappointment (1 excused absence) Met the six-year Melody H.Cooper District 2 11/7/2017 9/1/2024 City Council Chair service limitaion Susane"\Westi"Horn District 2 8/27/2019 9/1/2025 City Council Active Valerie Harbolovic District 1 4/13/2021 9/1/2025 City Council Active Luis F.Cabrera District 2 8/27/2019 9/1/2025 City Council Active Joe Benavides District 2 Partial 4/16/2024 9/1/2026 City Council Active 8-13-2024 Appointing Name District Term Start date End date Authority Position Status Attendance Charles Harris District 1 8/8/2023 9/1/2026 City Council Active Heather Moretzsohn Districts 1 8/8/2023 9/1/2026 City Council Vice-Chair Active Ex-Officio, Parks and Recreation Rep. N/A N/A N/A Non-voting Active Ex-Officio, C.C.International Airport Rep. N/A N/A N/A Non-voting Active Ex-Officio, FMIyocsffice Rep. N/A N/A N/A I Non-voting Active 8-13-2024 SISTER CITY COMMITTEE Applicant List Name District Status lessuip A.Avalos District 5 Applied Liz Gillenwater District 4 Applied Wally Gonzalez Jr. District 5 Applied Mourad Hasbaoui District 3 Seeking Reappointment Ana T. Rivera-Soto District 4 Applied Adria P.Vasquez District 2 Seeking Reappointment Robert Voorheis District 5 Applied CITY OF CORPUS CHRISTI Submit Date: Feb 16, 2024 Application for a City Board, Commission, Committee or Corporation Profile Jessuip A _ Avalos First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78413 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 29 TAMUCC Student _ Graduate Student Employer Job Title Occupation Work Address - Street Address and Suite Number 6300 Ocean Drive Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? a Yes o No Jessuip A Avalos Page 1 of 5 Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) I am a graduate student at Texas A&M- University- Corpus Christi where I plan to receive my MBA in 2025. 1 have been involved professionally with the greater South Texas community as a car salesman and a resident monitor for Dismas Charities. Why are you interested in serving on a City board, commission or committee? I am a proud member of the Corpus Christi community. As someone who is born and raised in South Texas, I want to enrich our community. My belief is that only education and diplomacy can reinvigorate our city to become a shining jewel on the Gulf Coast. The Sister City program is a wonderful way to enrich our community. The involvement with area youths allows locals to expand their mindset to a global level. It also ensures that our city may receive new perspectives, via relationships with sister cities like Yokosuka. I want to be a part of that. I also want to lend my education and expertise in marketing to refresh some of the community outreach on this subject. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? r- Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Jessuip A Avalos Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes f: No Do you, your spouse, your business or your spouse's business have a City contract? r Yes �- No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? Yes c No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes ?-. No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Jessuip A Avalos Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Jessuip A Avalos Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Jessuip A Avalos Jessui Avalos (361) 402-0046 1 www.linkedin.com/in/jessuip-avalos Professional Experience Contract HR Assistant Corpus Christi, Texas Corpus Christi Polymers June 2023 —Present • Advised leadership on how to conduct successful geofencing recruitment campaign • Analyzed data conducive to LinkedIn bullion searches • Reported recruitment data to HR Manager(demographics, interview,hiring, etc.) • Assisted in policy writing • Conducted New Hire Orientation • Created material for internal distribution(announcements,newsletters,policy updates. etc.) • Assisted in recruitment process; from application, assessment,and interview,to offer and onboarding • Created up-to-date reports for labor statics at both the national and local levels Sales Associate Corpus Christi, Texas AutoNation Hyundai March 2018 —March 2021 • Set and met/exceeded sales goals • Innovated E-Mail Marketing practices • Introduced Agile thinking to sales process • Became second highest grossing Sales associate in the first year • Customized correspondences with potential customers • Analyzed sales data to project team goals and future objectives • Converted generated ecommerce leads to completed sales • Built and maintained relationships with lenders ResidentMonitor Corpus Christi, Texas Dismas Charities January 2017—February 2018 • Managed high stress/high risk situations with composure • Handled Federal Documents with utmost secrecy • Report incidents to the Federal Bureau of Prisons • Assisted in rehabilitation of prisoners • Monitored activity both internally and externally to maintain security • Helped prisoners maintain employment and sobriety by connecting them with necessary resources and skills Skills Professional Skills: Bilingual (Spanish/English), Goal Oriented, Excellent Communicator, and Innovative Licensing and certifications: Hootsuite- Social Marketing,HubSpot- SEO,HubSpot- Content Marketing,HubSpot- Digital Marketing,HubSpot- Social Media Marketing Business Skills: Agile Minded,Marketing, Leadership, Data Analysis, Inside and E-Commerce Sales, Social Media Marketing, Data Analysis, Statistical Analysis and Trend Projection Technological Skills: Microsoft Excel, Microsoft PowerPoint, Microsoft Word,Adobe Creative suite Education Texas A&M University— Corpus Christi Bachelor of University Studies, Concentration in Business Marketing/Management Completed: Spring 2023 Texas A&M University— Corpus Christi Master of Business Administration Expected Completion: Summer 2024 CITY OF CORPUS CHRISTI Submit Date: Jul 09, 2024 Application for a City Board, Commission, Committee or Corporation Profile Liz Gillenwater First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78418 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 42 Texas A&M University - Admin for the Department Corpus Christi Administrative Associate IV of Music Employer Job Title Work Address - Street Address and Suite Number 6300 Ocean Dr., Unit 5720 Work Address - City Corpus Christi Work Address - State Tx Work Address - Zip Code 78412 Work Phone 3618255523 Liz Gillenwater Work E-mail address liz.gillenwater@tamucc.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No. Education, Professional and/or Community Activity (Present) I am working on my BBA in Management at TAMUCC and working full-time there. I also participate in the Flour Bluff Primary/Elementary SBDM as a parent representative and I serve on the Pride Advisory Committee. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) 1. Parks & Recreation Advisory Committee 2. Sister City Committee 3. Ethics Commission Why are you interested in serving on a City board, commission or committee? Now that my children are older, I have more time to lend my voice to helping our city in any way I can. I would like to serve on a committee or commission so that I can maybe I can make a positive difference in our community. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r Yes r No Liz Gillenwater Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r= No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r= No Does your employer or your spouse's employer have a City contract? r Yes r. No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Liz Gillenwater Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? r Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree Liz Gillenwater City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Liz Gillenwater CITY OF CORPUS CHRISTI Submit Date: Mar 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mr Wally Gonzalez Jr. Prefix First Name Last Name _.. Email Address Street Address Corpus Christi TX 78413 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r- No If yes, how many years? 22 Retired Self Employed Author Author Employer Job Title Occupation Work Address - Street Address and Suite Number 4206 Boros Drive Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78413 Work Phone 361-443-8596 Mr Wally Gonzalez Jr. Page 1 of 5 Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? (.- Yes r- No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) BA Business MA Management Why are you interested in serving on a City board, commission or committee? Corpus Christi Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No Are you a current candidate in an election for a non-city public office? (- Yes r No Do you currently serve as an elected official for a non-city public office? Yes c. No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A Corpus Christi Demographics Gender W Male Mr Wally Gonzalez Jr. Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. Corpus Christi Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? fJ None of the above Mr Wally Gonzalez Jr. Question applies to multiple boards Are you willing to provide an Annual Report of Financial Information as required by the Code of Ethics? Yes r No Question applies to CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION,CORPUS CHRISTI B CORPORATION,PLANNING COMMISSION Are you a Nueces County registered voter? f- Yes r No Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Mr Wally Gonzalez Jr. Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mr Wally Gonzalez Jr. CITY OF CORPUS CHRISTI Submit Date: Jul 20, 2024 Application for a City Board, Commission, Committee or Corporation Profile Mourad Hasbaoui First Name Last Name Email Address 7- Street Address Corpus Christi TX 78416 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 3 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 15 HTF Consulting, LLC President Consulting Employer Job Title Occupation Work Address - Street Address and Suite Number 4642 Ramona dr Work Address - City Corpus Christi Work Address - State Texas Work Address - Zip Code 78416 Work Phone 361-429-3170 Mourad Hasbaoui Work E-mail address mhasbaoui29@gmail.com Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) World Affairs Council of South Texas . A Delmar College graduate . University of Houston- Victoria Sam Houston State University President of HTF Consulting , LLC If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Sister City Committee. Corpus Christi Convention & Visitors Bureau Why are you interested in serving on a City board, commission or committee? Corpus Christ has been my home for the last 15 years. This is where I have became an American citizen and pursued my American dream. I love this city because I know its potential and opportunities for growth and progress. My love for the city is embedded in my personal and professional experiences of living here. By serving on the Sister City Committee, I can contribute to the expansion of our city, build bridges between Corpus Christi and other cities around the world, and promote the idea of citizen diplomacy. Are you an ex-Off icio member of a City Board, commission or committee? r Yes f- No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Mourad Hasbaoui Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Mourad Hasbaoui If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. 17 I Agree Mourad Hasbaoui City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Mourad Hasbaoui CITY OF CORPUS CHRISTI Submit Date: Sep 26, 2023 Application for a City Board, Commission, Committee or Corporation Profile Ana T _ Rivera-Soto First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78418 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 4 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 4 KIII TV CH 3- TEGNA MEDIA DIRECTOR OF SALES Employer Job Title Work Address - Street Address and Suite Number 5002 SOUTH PADRE ISLAND DR Work Address - City CORPUS CHRISTI Work Address - State TX Work Address - Zip Code 78411 Work Phone 361-986-8508 Ana T Rivera-Soto Work E-mail address ARIVERASOTO@KI I ITV.COM Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Leadership Corpus Christi Alumni Leadership Corpus Christi Class 50 Corpus Christi Crime Stoppers Journey To Demascus #210 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) -Corpus Christi Convention and Visitors Bureau -Sister Cities Committee -Corpus Christi Business and Job Development Board Why are you interested in serving on a City board, commission or committee? I have lived my life modeling many great mentors in service above self; beginning with my Father, may he rest in peace. He served our God, family, our community and our great nation (25 years Retired and decorated Army). I prescribe to the belief that we all have a responsibility to invest our time, talent and treasure into our community. I have alot of experience in service to my previous home and have been discerning for the best way to invest my energy and gifts in our beautiful city. I fell in love with Corpus Christi 22 years ago and my husband I moved here, for that reason, 4 years ago. I am loyal and I wear our cities pride and serve as an ambassador everywhere I go. It is time for me to roll up my sleeves and be a greater asset to her. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r Yes r. No Ana T Rivera-Soto No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r Yes r No Are you a current candidate in an election for a non-city public office? Yes r No Do you currently serve as an elected official for a non-city public office? r Yes (- No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A n/a Demographics Gender rJ Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? Yes f No Do you, your spouse, your business or your spouse's business have a City contract? r Yes r No Does your employer or your spouse's employer have a City contract? r Yes (- No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes f: No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes � No Ana T Rivera-Soto Do you or your spouse have a pending claim, lawsuit or proceeding against the City? Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. n/a Board-specific questions (if applicable) Question applies to CORPUS CHRISTI CONVENTION&VISITORS BUREAU The Convention & Visitors Bureau Board must include representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification Ana T Rivera-Soto City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. row I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Ana T Rivera-Soto 1 Ana Rivera-Soto 2126 Shadi St. Corpus Christi, Tx 78418 (956) 220-1441 home / 361-438-0857 cellular E-mail: Ariverasot@KIIITV.com ne In:LiwwWine in.com/in/anariverasoto Twitter: @anariverasoto Facebook: Ana Rivera-Soto Work History: 08/2022- Present KIII TV, Corpus Christi, Texas Director of Sales/General Sales Manager KIII TV, Corpus Christi, Texas 09/2019- 07/2022 KIII TV, Corpus Christi, Texas Local Sales Manager/ Digital Sales Manager Responsible for growth and retention of customer base management and implementation of sales/ marketing strategies for a sales team consisting of nine Account Executives, three Account Managers and several support personnel. Responsible for driving sales and marketing behavior to insure the attainment of monthly, quarterly media/ advertising sales and marketing results by sales team. Development and training of sales teams on a bi-weekly basis to assure confidence and accuracy in product set and market needs, including but not limited to digital and social media products and services. Daily infusion of positive, innovative and creative energy in order to foster empowerment. Daily Sales Meetings Agenda planning and execution. Streamlines sales support and implementation for efficiency and accuracy. OTT, digital, social and CORE integrated sales training and packaging. Sales Event and Promotion cross platform development, sales and implementation. Negotiation of priority rate levels with local and regional agencies in order to maintain rate integrity. 2 Recruitment, training and development of sales staff specifically in customer needs assessments and digital/ OTT products. Spearheaded the KIII TV- Racial Diversity and Inclusion Group and monthly meetings (Sept 2020 to date). Assisted General Manager in drafting and implementing RD&I strategies and foundations for KIII TV. TEGNA Racial Diversity & Inclusion Working Group- selected as 1 of 15 members representing all TEGNA- since 2019 Selected to participate in Leadership Corpus Christi; out of over 150 applicants in blind application process; graduation April 2022. Selected to participate in TEGNA Leadership in Action commencing in March of 2022. Consistently engaging and leading the sales team (including sales support) in surpassing CORE, ENTERPRISE, OTT and Digital sales goals; and contributing to integrated selling techniques to assure dominance in the marketplace. Successful training and implementation of digital, event and integrated-cross platform sales consultant methods and strategies. 08/2018- 09/2019 KGNS-GRAY TV, Laredo, Texas Local Sales Manager/ Digital Sales Manager Responsible for growth and retention of customer base by aggressive management and implementation of sales/ marketing strategies for a sales team consisting of eight account executives, two Sales Assistants, one Promotions Coordinator and three Creative Services Producers in Laredo, Texas. Responsible for driving sales and marketing behavior to insure the attainment of aggressive monthly, quarterly media/ advertising sales and marketing results by sales team. Development and training of sales teams on a bi-weekly basis to assure confidence and accuracy in product set and market needs, including but not limited to digital and social media products and services. Sales Meetings and Department Head Meeting Agenda planning and execution. Sales Event and Promotion cross platform development, sales and implementation. Recruitment, training and development of sales staff. Monthly, quarterly and annual budget forecasting for local and regional sales revenues. Maintenance of budget to achieve positive net contribution to local affiliate. 3 Community and public relations representation. Production, planning and execution of complex non standard advertising and standard television advertisement campaigns. Consistently surpassing sales goals. Successful training and implementation of digital, event and integrated-cross platform sales consultant methods and strategies. 03/2016-08/2018 KGNS-GRAY TV, Laredo, Tx-Director Marketing & Digital Sales Manager/ Creative Services Director As the Digital Sales Manager for the group I am responsible for training, sales and implementation of all digital products in our offerings; including but not limited to proximity marketing, pay per click, display, search engine optimization, OTT, acquisition email marketing and the list goes on. My other responsibilities included direction and management of multi-network brands and the local level for NBC, CBS, ABC, CW and Telemundo Laredo; including on air local promotional spots, network taggables, promercials, tune-ins, topicals and PSAs. Responsible for all on and offsite station promotions and events. Oversight of client spot production and creative services staff. Script and copywriting. Social media generation for non-news content, ie entertainment, current events, etc Integration with local sales team for digital offerings as well as integrated packages and promotions. Media buying: Digital display, retargeting, geo fencing, video pre & post roll, mobile messaging, Facebook advertising, broadcast television, broadcast radio, cable, print, billboards. Campaign development, design coordination and execution. Media communications and crisis management. Event and business development marketing and implementation; including staff of 3 creative services videographers/producers. Responsible for building, launch and marketing of Telemundo Laredo app resulting in over 36k downloads in under 12 month period (small market/ big numbers). Digital Sales Management resulted in an over205% increase in digital sales year over year 2016-2017 and surpassed annual quota in 2017-2018. 02/2015-03/2016 4 Unitrade Stadium/ Laredo Baseball Investors General Manager-Director of Marketing & Bus. Dev. Responsible for reenergizing baseball team brand. Oversight of sponsorship sales, season ticket sales and event /venue rentals. Managed day to day operations of stadium operations staff. Coordinated with Baseball Manager and staff for game day needs at home and away. Media buying: Digital display, retargeting, geo fencing, video pre & post roll, mobile messaging, Facebook advertising, broadcast television, broadcast radio, cable, print, billboards. Advertising campaign development, design coordination and execution. Media communications and crisis management. Event and business development marketing and implementation; including sales management of 5 qty. Account Executives, Box Office Manager/Ticketing Agent, Event & Marketing Coordinator, Game Day Production Director, Web Master. Won 2015 American Independent Baseball Association Championship. Named People's Choice Sports Team of the Year 2015 and 2016 by Laredo Morning Times. Successful implementation and execution of brand management for #somethingtodoinLaredo 10/2012-03/2015 Sames Auto Group Director of Marketing- Integrated Digital,Advertising, Events and Promotions Director/ Brand Manager Main objective is to generate sales results and build brand equity for multibrand multimake auto dealership in multiregional geography. Internal /external marketing and business development strategies in integrated marketing delivery and manage ROI including traditional media planning and buying, social media marketing, online marketing, direct response, publicity, grassroots - community events, sales promotions. Digital, mobile, traditional and grassroots integration including social media marketing across varying platforms. Brand management & marketing for 8 stores, advertising, events and integration portfolio and customer experience personnel. Media buying: broadcast television, broadcast radio, cable, print, billboards, online, non-traditional. Coordinate Tier 1, Tier 2, Tier 3 advertising and promotions for four manufacturers (Ford, KIA, Honda, Mazda) Event and business development marketing and implementation; including training, event planning and execution. Responsible for implementation of Social Media policy and implementation. Monthly, quarterly and annual budget forecasting. Maintenance of budget to achieve positive net contribution and expense management. 5 Video, audio and digital campaign production: oversight, planning and execution of integrated marketing/ advertisement/ promotions campaigns. Increased Sales/Showroom and Web Traffic Year over Year for all new car stores and established various local partnerships for brand equity positioning (KIA N THE KLASSROOM; SAMES DRIVE 4 EDUCATION). #drivelocaldriveSames 09/2007- 08/2012 Border Media, Inc./ Laredo, Texas Director of Sales - Event and Interactive Marketing and Bus. Dev. Director Responsible for all aspects of marketing and sales including managing national, regional and local sales and account management functions including development, training and implementation for new product and service offerings including integrated services (mobile messaging, streaming and web consulting). Total staff includes eight Account Executives, one Community Relations Manager, two Sales Managers and Promotions Department personnel. Event and business development marketing and implementation including sales training, event planning and execution. Responsible for implementation and growth of all mobile messaging clubs and database and social media. Monthly, quarterly and annual budget forecasting for sales revenues. Maintenance of budget to achieve positive net contribution and expense management. Community and public relations representation. Production, planning and execution of complex marketing/ advertisement/ promotions campaigns. Grew top line revenues year over year in double digits in 2008. Top mobile messaging deployment and retention in company. Selected as model market for integrated marketing and sales including sales and promotions. 09/2005- 09/2007 Entravision, Inc./ Univision-KLDO 27, Laredo, Texas LOCAL SALES MANAGER Responsible for growth and retention of customer base by aggressive management and implementation of sales/ marketing strategies for a sales team consisting of six account executives in Laredo, Texas. Drive sales and marketing behavior to insure the attainment of very aggressive monthly, quarterly media/ advertising sales and marketing results by sales team. Development and training of sales teams to assure confidence and accuracy in product set and market needs. 6 Recruitment, training and development of sales staff. Monthly, quarterly and annual budget forecasting for local and regional sales revenues. Maintenance of budget to achieve positive net contribution to local affiliate. Community and public relations representation. Production, planning and execution of complex non standard advertising and standard television advertisement campaigns. Consistently surpassing sales goals. Consistently used as a product sample for locally developed campaigns that have been nationalized. 4/2004-9/2005 Community Health Systems/ Laredo Medical Center, Laredo, Texas DIRECTOR OF MARKETING/& BUSINESS DEVELOPMENT Public Information Officer Responsible for strategic marketing and business development for the purpose increasing market share through various marketing and community relations initiatives in an effort to improve community image and ultimately grow business and footprint of hospital services. Responsible for promoting physician relations in an effort to increase patient referrals and attract other physicians. Responsible for all advertising and marketing budget for the local market and worked with the national office in order to leverage buying. Spearheaded employee customer service trainings and implementation of hospitality initiatives inclusive of health fairs, non-profit event participation and educational initiatives through speaker's bureaus at local schools. Responsible for crisis communications, media and public relations inclusive of the development and implementation of a communications plan for local facility. Promotion of weekly patient education updates via local broadcast and media venues on various health issues. Responsible for all special events planning and coordination. Media buying: broadcast television, broadcast radio, cable, print, billboards, online, non-traditional. Recruitment and business / marketing liaison Reported directly to CEO and financial management of fiscal reporting to CFO. Implemented Outpatient task Force, Hospitality task force. Selected as Best of Best Marketing Directors company-wide amongst 72 hospitals to serve on 8 person Community Health Systems Marketing Advisory Council. Successful Marketing and PR plan resulting in exponential increase for inpatient and outpatient census and ROI. 7 04/1996-4/2004 AT&T formerly SBC Communications Inc., Laredo, Texas AREA MANAGER-SALES & MARKETING Responsible for growth and retention of customer base by aggressive management and implementation of sales/ marketing strategies for a sales team consisting of eight account managers in the South Texas market consisting of Laredo, Rio Grande Valley and Corpus Christi Texas. Drive sales and marketing behavior to insure the attainment of very aggressive monthly, quarterly, and annual sales and marketing results by sales team. Development and training of sales teams to assure confidence and accuracy in product set and market needs. Consistently spearheading of marketing initiatives to address the need for diversity in products to meet the demand of the ever evolving international/ domestic markets that are home to South Texas. Assist in the development of products sets to test and implement in the "border cities" and South Texas markets. Facilitation of technology updates and demonstrations through a varied means of market coverage inclusive of customer technology seminars in each of the markets I am responsible for. Daily management of administrative requirements, human resource issues, productivity and measurement reports. Reporting of financial, statistical and market data to leadership team through various reporting mechanisms. Successful management of more territory than any other Area Manager in my channel. Awarded SBC Pinnacle Award in 1999 for top 1% of sales and marketing performance in all of SBC nationwide. Awarded SBC Presidents Club the same year. Consistently top 10 performer in region during years on the job. Education: University of Phoenix Online, Phoenix Arizona; BSA-Marketing 2009 PROFESSIONAL LICENSES, ACCREDITATIONS: IAB Certified Digital Executive- pursuing certification Certified Digital Marketing Consultant Radio Advertising Bureau- 2009-2012 SBC Southwestern Bell Center for Learning, Irving, Texas; Cisco Sales Executive Certification- 2002 SBC Southwestern Bell Center for Learning, Irving, Texas; Data Certified Sales Executive- 1999 Junior Achievement National, Colorado Springs, Colorado; Executive Director Certification- 1993 8 Dale Carnegie Public Speaking Certification- How to Win Friends and Influence People- 12 Week Certification-1994 SKILLS: ComScore, Nielsen literate. Non-traditional Media Buying (digital display, retargeting, geo-fencing, mobile/desktop, pre-roll/mid-roll/post-roll, social media, digital outdoor) Media Buying: Traditional (Broadcast television, cable, broadcast radio, print, outdoor legacy, direct mail) Media Relations; Crisis Communication; Strong Public Speaking Skills Copy writing- Strong Training and Presentation Skills- Strong Social Media Content Management and Metrics Analysis COMMUNITY SERVICE LEADERSHIP AND MEMBERSHIPS: TEGNA Racial Diversity & Inclusion Working Group- selected as 1 of 15 members representing all of TEGNA- since 2019 Leadership Corpus Christi- 2021-2022- currently enrolled - selected amongst over 150 applicants United Chamber of Commerce, 2017-2019 Laredo Chamber of Commerce Business Dev Committee Chairperson & BDC Series Presenter, since 2015 2017 Laredo Chamber of Commerce- Committee Chairperson of the Year ACTS Mission Laredo Chapter/Diocese of Laredo Board Member- Communications Chair, 2017-2019 2016 Laredo Chamber of Commerce -Jim Parish Media Award- Publicist of the Year Our Lady of Guadalupe Guadalupana Society, President 2015-2018 Our Lady of Guadalupe Church, Finance Council since 2015 Casa Micericordia, Sisters of Mercy, Board Member 2010-2014 Lado a Lado Diabetes Gateway Community Health Center Board Member 2008-2012 Laredo Chamber of Commerce 2006 & 2007 Membership Drive Chairperson 9 American Heart Association Go Red For Women Sponsorship Vice Chair 2004-2005 American Cancer Society Chairperson Relay For Life 2004 Laredo Chamber of Commerce- Board Member 1994-1996 Laredo Chamber of Commerce- Education Chairman- 1995 to 1998 Junior Achievement of Laredo Vice Chairman Fund raising -- 1999 to 2001 Junior Achievement National Bronze Board of Directors Leadership award- 1995 Leadership Laredo Alumni- 1993 Rotary Int. - Laredo Gateway Rotary--Community Service Lane Chair- 1994 to 1995 Rotary Int. - Laredo Gateway Rotary-Membership Service Lane Chair- 1995 to 1996 LANGUAGES: Spanish= Fluent in written and oral communication REFERENCES: Available upon request CITY OF CORPUS CHRISTI Submit Date: Jul 19, 2024 Application for a City Board, Commission, Committee or Corporation Profile Adria P _ Vasquez First Name Middle Last Name Initial Email Address Street Address Corpus Christi TX 78404 City State Postal Code Primary Phone Alternate Phone What district do you live in? W District 2 Current resident of the City of Corpus Christi? 0 Yes r No If yes, how many years? 47 Del Mar College/Palacios & Assistant Professor- Palacios PC Accounting/CPA-Partner Certified Public Accountant Employer Job Title Occupation Work Address - Street Address and Suite Number 1121 Morgan Ave Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78404 Work Phone 361-884-8322 Adria P Vasquez Work E-mail address avasquez184@delmar.edu Preferred Mailing Address W Home/Primary Address Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Bachelor of Business Administration/Master in Professional Accounting from University of Texas at Austin Certified Public Accountant since 1999 If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Sister City Why are you interested in serving on a City board, commission or committee? I would like to serve the community. Since I participated in the Sister City program in high school in 1993 1 would like to serve on this committee. Upload a Resume Are you an ex-Off icio member of a City Board, commission or committee? r°° Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r° Yes r No Adria P Vasquez Are you a current candidate in an election for a non-city public office? Yes r. No Do you currently serve as an elected official for a non-city public office? r Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Demographics Gender W Female Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? r Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r. No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes r No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes (- No Adria P Vasquez If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. Pr I Agree Adria P Vasquez City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Adria P Vasquez Adria Palacios Vasquez, CPA 625 Del Mar Blvd. Corpus Christi, TX 78404 Education University of Texas Austin,TX May 1998 Professional Program in Accounting(Track:Tax) Master in Professional Accounting Bachelor of Business Administration • Completed Master&Bachelor in 4 Years • CPA License ID:077024 Since December 1999 Experience 1/19— Del Mar College Present Assistant Professor of Accounting/Accounting Program Coordinator • Teach 5 or more accounting courses per semester • Advising for students • College committee participant • Create new accounting courses 5/00- Palacios&Palacios,P.C. Present Certified Public Accountant-Partner • Prepare&review tax returns for various entities and individuals • Consult&research tax issues for clients • Prepare financial statements for clients 6/22— City of Lake City,TX Present Treasurer • Prepare monthly financial statements • Make payments for city bills 8/00— Del Mar College/University of Incarnate Word/A&M Corpus Christi 12/18 Adjunct Instructor • Taught various accounting courses at the undergraduate and graduate level • Taught tennis courses for Del Mar College • Develop hybrid classes 8/09— Texas A&M University-Kingsville 1/17 Senior Lecturer Accounting • Taught various accounting courses at the undergraduate level • Accounting society faculty advisor • VITA coordinator • Develop online accounting courses using learning management systems 9/98— 5100 KPMG LLP Tax Specialist • Prepared various tax returns for U.S.and foreign corporations • Researched U.S.&international tax issues • Participated in recruiting campus students 8/97—5/98 University of Texas at Austin Teaching Assistant Taught classes for freshman business students 2/97—5/97 Exxon Company,U.S.A. Tax Intern Professional Texas Society of CPA's member(2010—Present) Activities Textbook Reviewer of Income Tax Book(2011) Texas A&M-Kingsville Accounting Society Advisor(2011-2016) Texas Society of CPA's Corpus Christi Chapter Board Member(2011 -2013) Texas Society of CPA's State Committee Board Member on Educational Relations(2011 —2015) Texas Society of CPA's Featured Member Spotlight on Educators on TSCPA website (January—March 2013) Texas Society of CPA's Panelist for the Meet the CPA's event for local college students (Fall 2010) Texas Society of CPA's Expert Speaker for Radio Segment on KEDT(Spring 2012& Spring 2013) Texas Society of CPA's Expert Phone Bank Panelist for Channel 3 Segment(Spring 2012) Ph.D Project Conference attendee(2013) Texas A&M-Kingsville Assurance of Learning committee member(2013—2016) The JOB program QuickBooks seminar presenter(2014) davelina Today article feature regarding taxes(2014) The JOB program Small Business Conference speaker on taxes(2015) Texas Community College Teachers Association Member(2019—Present) Teachers of Accounting at Two-Year Colleges Member(2020—Present) Wiley Advisory Panel(2020—2021) Alpha Beta Gamma Faculty Advisor(2020—2022) Texas Society of CPA's Faculty Ambassador(2023—Present) Community Corpus Christi Tennis Association Board Member(2002-2008) Activities Diocese of Corpus Christi Pre-Cana Speaker(2009-2015) Del Mar College Marketing Club—Co-Advisor(2004) Volunteer Income Tax Assistance Faculty Coordinator(2010-2016) City of Corpus Christi Radio Commission Board Member(2003) Diocese of Corpus Christi School Board Officer—Secretary(2012—2017) Diocese of Corpus Christi Strategic Finance Chair(2012-2015) Diocese of Corpus Christi Chair for Teacher Excellence(2016-2017) Love Tennis&Education Board Officer-Treasurer(2017-2019) Volunteer Income Tax Assistance Advisor(2019—Present) City of Corpus Christi-Sister City Committee(2021 —Present) Honors& Feria De Las Flores Honorary Recipient(2010) Awards Texas A&M System Teaching Excellence Award(Fall 2009/Fall 2010/Spring 2011/Fall 2011) Texas A&M-Kingsville Teaching Excellence Award from the Center for Teaching Effectiveness(Spring 2011) Nominated for Piper Professor Award(Fall 2011) Texas Society of CPA's Rising Star Award(2013) Texas A&M-Kingsville College of Business Administration Outstanding Lecturer Teaching Award"The Students' Choice"(2013) Texas Society of CPA's Outstanding Accounting Educator Award(2013) Texas A&M-Kingsville College of Business Administration Distinguished Educator of the Year Award(2014) Texas Society of CPA's Distinguished Public Service Award(2014) Corpus Christi 40 Under 40"Person of the Year"(2015) Featured in TSCPA Business&Industry Month(2016) CITY OF CORPUS CHRISTI Submit Date: Jul 23, 2024 Application for a City Board, Commission, Committee or Corporation Profile Robert Voorheis First Name Last Name Email Address 7- 1 Street Address Corpus Christi TX 78414 City State Postal Code J Primary Phone Alternate Phone What district do you live in? W District 5 Current resident of the City of Corpus Christi? r Yes r No If yes, how many years? 2 AEP Reliability Coordinator Transmission Operator Employer Job Title Occupation Work Address - Street Address and Suite Number 12730 Hearn rd Work Address - City Corpus Christi Work Address - State TX Work Address - Zip Code 78410 Robert Voorheis Which Boards would you like to apply for? SISTER CITY COMMITTEE: Submitted Interests & Experiences Are you a Nueces County registered voter? r Yes r No Do you currently serve on any other City board, commission or committee at this time? If so, please list: No Education, Professional and/or Community Activity (Present) Working towards electrical engineering B.S. Work for the electric grid as a transmission line operator. If you applied for multiple boards, which boards are you most interested in serving on, in order of preference? (Limit to top three) Sister city Library Parks and rec Why are you interested in serving on a City board, commission or committee? I have been interested in ways to support and take pride in my city and people. Are you an ex-Off icio member of a City Board, commission or committee? r Yes r No No person shall be appointed by the Mayor or Council Members to serve on more than one board, commission, committee or corporation at the same time. If you currently serve as a voting member for a board, commission, committee or corporation are you willing to resign your current seat to serve on another board, commission, committee or corporation? r•` Yes r No Are you a current candidate in an election for a non-city public office? r Yes r No Do you currently serve as an elected official for a non-city public office? r- Yes r No Will you seek re-election to the non-city public office? If not in a non- city public office, please enter N/A N/A Robert Voorheis Demographics Gender W Male Code of Ethics - Rules of Conduct/Conflicts of Interest Do you represent any person or organization in any claim or lawsuit or proceeding involving the City? f- Yes r No Do you, your spouse, your business or your spouse's business have a City contract? Yes r No Does your employer or your spouse's employer have a City contract? r Yes r No Are you involved with any activities or employment that would conflict with the official duties on the City boards for which you are applying? r Yes r. No Are you, your spouse, your business or your spouse's business involved in any pending bid, proposal or negotiation in connection with a contract with the City? r Yes (- No Do you or your spouse have a pending claim, lawsuit or proceeding against the City? r Yes r No If you answer "Yes" to any of the questions above, please explain or ask to speak with the City's Legal Department. If you answer "NO" to all questions above, please enter N/A. N/A Board-specific questions (if applicable) Robert Voorheis Question applies to LIBRARY BOARD The Library Board preferred representatives from certain categories. Do you qualify for any of the following categories? W None of the above Verification City Code Requirement - Residency As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-65, which states that all members of City boards and commissions, including ad hoc committees, appointed by the City, must be residents of the city. A move outside the city limits of the city by any member shall constitute automatic resignation from the particular board or commission on which such member served. W I Agree City Code Requirement - Attendance As a board, commission, or committee member, you will be asked to adhere to City Code of Ordinances, Section 2-61, which provides that absences from more than 25% of regularly scheduled meetings during a term year on the part of any board, commission, or committee member shall result in an automatic termination. An absence shall be deemed unexcused unless excused by the board, commission or committee for good cause no later than its next meeting after the absence. W I Agree Robert Voorheis Consent for Release of Information I understand that if any member of the public makes a request for information included in this application or in any attachment (e.g. resume or supporting documentation) for appointment it is subject to and must be disclosed under the Texas Public Information Act. I understand that under the Texas Public Information Act, my home address and home telephone number is subject to public disclosure unless I am elected or appointed to the position which I seek. I hereby consent to the release of my home address and home telephone number should it be requested under the Texas Public Information Act prior to my possible appointment or election. I hereby release the City of Corpus Christi, and its agents, employees and officers, from any and all liability whatsoever if the information must be released pursuant to the Texas Public Information Act. W I Agree Oath I swear that all of the statements included in my application and attached documents, if any, are true and correct. W I Agree Robert Voorheis City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes City Council Tuesday,July 30,2024 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Pastor Rob Bailey with Southside Community Church. Pastor Rob Bailey with Southside Community Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Michael Fan, 4th grader at Windsor Park Elementary. Michael Fan, fourth grader at Windsor Park Elementary, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 1) 1. 24-1248 Recap of Operation Safe Return: Back-to-School Health and Safety Fair and Back to School Awareness City Manager Peter Zanoni gave a recap of Operation Safe Return. Lieutenant with the Crime Reduction Unit Kody Harrison and Crime Prevention Advisor Melissa Castro presented information on Operation Safe Return: Back to School Health and Safety Fair and Back to School Awareness. Council Members commended the police department for being proactive. City of Corpus Christi Page 1 Printed on 81812024 City Council Meeting Minutes July 30,2024 F. PUBLIC COMMENT Mayor Guajardo opened public comment. John Weber, 609 Naples St., presented a drought information statement for South Texas. David Loeb, 4771 Ocean Dr., spoke in support of the sales tax reauthorization plan. Ron Graban, 202 Surfside Blvd., commended Council Members and Parks and Recreation staff for their efforts at Surfside Park. Rachel Caballero, 522 Hancock Ave., expressed concern about the City Manager's pay increase. Susie Saldana, 4710 Hake] Dr., commended Council for the City Manager's pay raise and expressed concern about negative comments regarding Diversity, Equity and Inclusion. John Hendricks, 622 Texas Ave., spoke about the percentage of suicide and overdose deaths in the City. Adam Rios, 7301 Tangled Ridge Court, commended Council for attending the Surfside Park ribbon cutting ceremony and spoke in opposition to Texas Windstorm rate hikes. Lamont Taylor, 522 Hancock Ave., expressed concern about no fencing around the Bayview Cemetery and that Industrial District Agreements should be discussed in open forum. Maggie Peacock, 4407 SE 28th Ave., expressed concern about Industrial District Agreements in that they should be discussed in open forum. The following citizens spoke against banning Diversity, Equity and Inclusion (DEI) books from public libraries: Tom Tagliabue, 6025 Ocean Dr., Augustin De La Garza, 4006 Saloumeh Way, Bill Jeron Hoelscher, 525 Texas Ave., Meredith Grantham, 3605 Swiss Dr., Cassandra Champion, 634 Sorrell St., and Kelly Bezio, 418 Troy Dr. The following citizen submitted a written public comment which is attached to the minutes: Joshua Whitaker, 6342 SPID. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 2 - 9) City of Corpus Christi Page 2 Printed on 81812024 City Council Meeting Minutes July 30,2024 Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Item 4 was pulled for individual consideration Council Member Barrera moved to approve the consent agenda with the exception of Item 4, seconded by Council Member Suckley. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 2. 24-1245 Approval of the July 23, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 3. 24-1168 Ordinance approving the districting of annexed areas to City Council District 3 and District 5. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033419 4. 24-1072 Zoning Case No. ZN8120, Mustang Island LLC (District 4). Ordinance rezoning a property at or near 7213 State Highway 361 (SH-361) from the "RM-AT" Multi-Family Apartment Tourist District to the "RV" Recreational Vehicle Park District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). 3/4 favorable vote required due to protest by surrounding owners. Mayor Guajardo referred to Item 4. Council Members and Assistant Director of Development Services Michael Dice discussed the following topics: a concern about the impact that this development could have on the dunes at the beach; and a dune protection permit is required before construction begins. Council Member Suckley moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on second reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 1 - Council Member Klein City of Corpus Christi Page 3 Printed on 81812024 City Council Meeting Minutes July 30,2024 Abstained: 0 Enactment No: 033420 5. 24-1073 Zoning Case No. ZN8281, Oliver& Saeideh Ommani, and Valiollah Ommani, (District 5). Ordinance rezoning a property at or near 6004 Yorktown from the "RS-6 Single-Family District to the "CN-2" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033421 6. 24-1074 Ordinance approving the Corpus Christi Crime Control and Prevention District Budget for FY 2025 with revenues of$9,441,101.00 and fund balance of $2,429,984.00 totaling $11,871,085.00 and expenditures of$11,871,085.00 to fund 78 authorized Police sworn personnel and eight replacement vehicles, and equipment to support both; and appropriating $11,871,085.00 in the Crime Control and Prevention District Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033422 Consent- Contracts and Procurement 7. 24-1034 Motion authorizing execution of a one-year service agreement, with two one-year options, with CSI Consolidated, LLC, dba AIMS Companies, of Houston, in an amount not to exceed $723,785.00, with a potential amount up to $2,171,355.00 if options are exercised, for closed circuit televised inspection and cleaning of large diameter wastewater lines for Corpus Christi Water, with FY 2024 funding of$120,631.00 from the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2024-117 Consent-First Reading Ordinances 8. 24-1211 Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. City of Corpus Christi Page 4 Printed on 81812024 City Council Meeting Minutes July 30,2024 This Ordinance was passed on first reading on the consent agenda. 9. 24-1102 Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. This Ordinance was passed on first reading on the consent agenda. J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:33 p.m. Executive Session Items 21 and 22 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 2:44 p.m. K. PUBLIC HEARINGS: (ITEMS 10 - 12) 10. 24-1208 Public Hearing of the Proposed Bond 2024 Program Mayor Guajardo referred to Item 10. Assistant City Manager Neiman Young presented information on the following topics: Bond 2024 program summary; and Bond 2024-project adjustments. Council Members, City Manager Peter Zanoni, and Assistant City Manager Young discussed the following topics: the additional funding for Labonte Park would include walking trails, landscaping, furnishing, and ball fields; a desire to postpone repairs to Alameda Street and reallocate that bond money for sidewalks; and a concern about the increasing debt service in the general fund. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. 11. 24-1209 Public Hearing of the Proposed Sales Tax Reauthorization Plan Mayor Guajardo referred to Item 11. Assistant City Manager Heather Hurlbert presented information on the following topics: proposed uses for each 1/8 cent; other considerations; and calendar and next steps. Council Members, City Manager Peter Zanoni, and Assistant City Manager Hurlbert discussed the following topics: a recommendation that all proposed projects be City of Corpus Christi Page 5 Printed on 81812024 City Council Meeting Minutes July 30,2024 reauthorized under Type B because it is purpose specific; the 25-year term allows the City to disperse projects over time; Chapter 327 would be managed by City Council and can be used on any existing city owned streets; and Chapter 327 would not affect the City's general fund credit rating and needs reauthorization every four years. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. 12. 24-1105 Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). Mayor Guajardo referred to Item 12. Council Members and Assistant Director of Development Services Michael Dice discussed the following topics: a concern about the setback from the residential neighborhood; and this development would have to meet the Unified Development Code requirements. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Hunter. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 13 - 19) 13. 24-1172 Motion authorizing a professional services contract with NITEC, LLC, of Denver, Colorado in the amount of$4,571,582 for the identification of a reservoir location and design of the Underground Natural Gas Storage project with FY 2024 funding available from the Gas Capital Fund. Mayor Guajardo referred to Item 13. Director of Gas Operations Bill Mahaffey presented information on the following topics: City of Corpus Christi Page 6 Printed on 81812024 City Council Meeting Minutes July 30,2024 underground natural gas storage scope of work; underground storage basics; Gulf Coast gas demand; first facility in South Texas; LNG facilities and local industries need storage; commercialization goals; and illustrative financial scenarios for three storage facility sizes. Council Members and Director Mahaffey discussed the following topics: the Railroad Commission regulates storage facilities and provides permits; the goal of this project is to save customers money on the annual base rate; and there are no local firms with experience in underground storage facility. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hernandez moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2024-118 14. 24-1171 Motion awarding a construction contract to SR Trident, Inc., of Gregory, Texas, to construct the new Peoples Street Boardwalk, located in Council District 1, in an amount not to exceed $5,999,753.60, with FY 2024 funding available from Seawall Capital Improvement Fund. Mayor Guajardo referred to Item 14. Director of Engineering Services Jeff Edmonds stated this is for a construction contract for Peoples Street Boardwalk and is an approved Capital Improvement Program project. Council Members and Director Edmonds discussed the following topic: the construction of this project will be similar to Cole Park Pier with a timeline of 180 days. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the motion, seconded by Council Member Suckley. This Motion was passed and approved with the following vote: City of Corpus Christi Page 7 Printed on 81812024 City Council Meeting Minutes July 30,2024 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2024-119 15. 24-1151 Resolution to authorize amendments to the Professional Services Agreements with Lloyd Gosselink for attorney services, and NewGen Strategies & Solutions LLC for expert witness services in a cumulative maximum of$523,000 related to the case of Petition by Outside City Ratepayers appealing the Water Rates of the City of Corpus Christi to the Texas Public Utility Commission (PUC Docket No. 56427). Mayor Guajardo referred to Item 15. City Attorney Miles Risley presented information on the following topics: appeal of Outside City Limits (OCL) water rates to Texas Public Utility Commission (PUC); timeline of events; 2024 water rate PUC appeal; residential water rate adjustments effective January 1, 2024; water rate adjustments; and timeline forward. Council Members, City Attorney Risley, and City Manager Zanoni discussed the following topics: the consultant provided the cost of services that was attributed to determine the OCL rates; and the City cannot charge the petitioners for legal services. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the resolution, seconded by Council Member Klein. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033423 16. 24-1212 Written presentment of citizen initiative for future Council Action if requested by City Council. Mayor Guajardo referred to Item 16. City Secretary Rebecca Huerta said that the City Charter states in the case of an initiative, the City Attorney shall draft an ordinance in legal form, consistent with the laws City of Corpus Christi Page 8 Printed on 81812024 City Council Meeting Minutes July 30,2024 of the State and the United States. Council Members, City Secretary Huerta, City Manager Peter Zanoni, City Attorney Miles Risley, Assistant City Manager Sony Peronel, and Director of Public Health Fauzia Khan discussed the following topics: the citizen initiative petition is requesting that all potential risks of the mRNA injection be added to the Centers for Disease Control and Prevention (CDC) list; all COVID vaccines are federally and state funded; and the City does not have authority to alter the CDC list, which is a federal document. Council Member Hunter moved to table this item to August 13, seconded by Council Member Hernandez. The Motion failed with the following vote: Aye: 4- Council Member Hernandez, Council Member Hunter, Council Member Pusley and Council Member Suckley Nay: 5- Mayor Guajardo, Council Member Barrera, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 17. 24-1150 City Manager Presentation of FY 2025 Proposed Operating and Capital Budget Presentation City Manager Peter Zanoni presented information on the FY 2025 proposed annual operating and capital budget as follows: FY 2025 proposed budget summary; budget communication; FY 2025 proposed budget community input sessions; FY 2025 proposed city council workshops; budget development process; FY 2025 proposed city budget; general fund FY 2025 proposed budget; FY 2025 general fund budget: $343.8 million; general fund revenue; taxable property value and rate; city property tax rate; city property tax relief; sample tax bill for City of Corpus Christi-general homestead exemption increased from 10% to 20%; sample tax bill for City of Corpus Christi-increase of over-65/disabled and homestead exemption; general fund reserves and financial rating; FY 25 general fund overview; police officer positions; firefighter positions; re-org of fire department-current; re-org of fire department-proposed; streets; street maintenance and reconstruction; Parks and Recreation; Library; Animal Care Services; Health Department; Solid Waste; Code Enforcement/Planning and Community Development; Municipal Court; Economic Development; Mayor, City Council, City Secretary, and City Auditor; City Manager's Office; FY 2025 proposed tax notes; tourism; water; wastewater; storm water fee; storm water program; sample utility bill for large volume, wholesale, and commercial customers; sample utility bill for residential customer; city rates for residential customers; projected fund balance comparison; FY 2025 capital budget$1,008.7 million; employee compensation in FY 2025; employee health benefits FY 2025; one-time HSA payments to employees in FY 2025; five year position analysis; FY 2025 budgeted positions; and next steps. Council Members, City Manager Zanoni, City Attorney Miles Risley, Fire Chief Brandon Wade, and Director of Intergovernmental Relations Ryan Skrobarczyk discussed the following topics: the purpose of the fire department applying for the grant was to help increase four person staffing; staff recommends paving residential streets through City of Corpus Christi Page 9 Printed on 81812024 City Council Meeting Minutes July 30,2024 Certificates of Obligation; a request for an updated list of potholes and the number of linear miles that have been completed by Public Works; concerns about reducing positions and outsourcing the Zavala and Greenwood Senior Centers; concerns with closing the Garcia Library; the City's goal is to make small reductions while maintaining high quality services; the importance of salvaging the health department with the County and to assess all services provided by the health department; concerns about reducing code enforcement officers and homeless program positions; a recommendation to combine parking enforcement personnel with code enforcement; a request to transfer Sister City funding to the Chamber of Commerce; a recommendation to postpone filling the vacant Assistant City Manager position; a request to reduce the amount of travel budgeted for Council Members; and the City has a ten percent employee vacancy rate. 18. 24-1246 Resolution amending the Debt Management Policy adopted by Resolution 029321 on December 13, 2011. This Item was postponed. 19. 24-1098 Resolution amending Financial Budgetary Policies adopted by Resolution 033143 and providing financial policy direction on preparation of the FY 2025 operating and capital budgets. This Item was postponed. M. BRIEFINGS: (ITEM 20) 20. 24-1204 Bond 2024 Program Financial Capacity Briefing, Presented by the City's Financial Advisor Victor Quiroga, Specialized Public Finance, Inc. Mayor Guajardo referred to Item 20. Financial Advisor with Specialized Public Finance, Inc. Victor Quiroga presented information on the following topics: future bond issuance assumptions; historical and projected taxable value growth; and summary of I&S Bond capacity analysis. Council Members, City Manager Peter Zanoni, and Mr. Quiroga discussed the following topics: the $175 million bond capacity cannot be decreased this year due to debt service; and a request for a presentation for the revenue bond debt. N. EXECUTIVE SESSION: (ITEMS 21 -23) Mayor Guajardo referred to Executive Session Items 21 and 22. The Council went into Executive Session at 1:33 p.m. The Council returned from Executive Session at 2:44 p.m. Mayor Guajardo referred to Executive Session Item 23. The Council went into Executive Session at 7:08 p.m. The Council returned from Executive Session at 7:51 p.m. 21. 24-1152 Executive session pursuant to Texas Government Code § 551.071 and City of Corpus Christi Page 10 Printed on 81812024 City Council Meeting Minutes July 30,2024 Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to industries, infrastructure, utilities, and property in the City's extraterritorial jurisdiction, services thereto, annexation, Texas Local Gov't Code service plans, industrial district agreements (IDA's), and Chapters 42, 43 and 212 of the Texas Local Government Code § 43.0116, et. seq., rates for utilities, actions for limitation of rates, Texas Water Code § 13.043 and associated statutes and regulations, and Texas Government Code § 551.087 to discuss and deliberate regarding potential financial or other incentive(s) to business prospects(s) that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City will be conducting economic development negotiations, authorizing preparation of service plans for areas to be considered for annexation, and authorizing professional services agreements and amendments thereto with attorneys, engineers, and other consultants involved in the aforementioned actions. This E-Session Item was discussed in executive session. 22. 24-1100 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the cases of Sylvia Wilson v. City of Corpus Christi and Martin Ramos v. City of Corpus Christi including potential consideration of settlement offers and/or fees for attorneys, engineers, other expert witnesses assisting in this case, deposition fees, and court costs, and updates on litigation in other cases. This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to settle the case of Sylvia Wilson v. City of Corpus Christi in an amount not to exceed $125,000. Council Member Hunter moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: M2024-120 This E-Session Item was passed after executive session. The following motion was considered: Motion to authorize the City Manager or designee to execute all documents necessary to City of Corpus Christi Page 11 Printed on 81812024 City Council Meeting Minutes July 30,2024 settle the case of Martin Ramos v. City of Corpus Christi in an amount not to exceed $222,500. Council Member Barrera moved to approve the motion, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Pusley Abstained: 0 Enactment No: M2024-121 23. 24-1217 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to personnel matters and the City Auditor and Texas Gov't Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, discipline or dismissal of a public officer or employee (including, but not limited to, the City Auditor). This E-Session was passed after executive session. The following motion was considered: Motion to place the City Auditor on paid administrative leave from July 30, 2024, through August 13, 2024. Council Member Barrera moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: M2024-122 O. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 7:52 p.m. City of Corpus Christi Page 12 Printed on 81812024 From: Norma Duran To: Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 07-30-2024-Joshua Whitaker Date: Tuesday,July 30,2024 8:46:30 AM Attachments: 5981166182428583036.odf One written public comment From: City of Corpus Christi <noreply@formresponse.com> Sent: Monday,July 29, 2024 9:44 PM To: City Secretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 07-30-2024-Joshua Whitaker [ [WARNING: External a-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesk at 826-3766. u Public Comment& Input Form Date of Meeting 07-30-2024 Name Joshua Whitaker Address Street Address: 6342 S. Padre Island Dr. Apt. F City: Corpus Christi State/ Province: TX Postal/Zip Code: 78412 Are you a resident of Yes Corpus Christi? What district do you District 4 reside in? Topic Library Censorship Agenda Item Number N/A Describe Feedback: In a civilized society that values free enterprise of ideas through our first amendment rights, it is unconscionable that the voices of historically marginalized people be silenced. The anti-LGBTQ+ rhetoric driving the call for our library's censorship is founded in privilege of an increasingly shrinking number of fundamentalists who clutch their proverbial pearls at the notion of losing their privilege. To quote constitutional lawyer Andrew L. Seidel, "parity is not oppression. Equality, even when it means the erosion of privilege, is not discrimination." (American Crusade, p. 13). Silencing the voices of the LGBTQ+ community is the first step in the crusade to eradicate their rights entirely; strip away their humanity and what is left is easily disposable. True education does not shy away from truths, nor does it seek to censor voices. This, as history has shown us time and again, is the method of authoritarians, of totalitarians, of fascists. I formally oppose literary censorship. Provide an email to receive a copy of your jwhital<ertl<d@gmail.com submission. Cityof Corpus Christi 1201 Leopard Street F' Corpus Christi,TX 78401 rGr' cctexas.com Meeting Minutes Special City Council Meeting Thursday,August 1, 2024 9:00 AM City Council Chambers A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:10 a.m. B. City Secretary Rebecca Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Note: Council Member Barrera attended by video conference. Present 9- Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Michael Hunter, Council Member Everett Roy, Mayor Paulette Guajardo, Council Member Mike Pusley, Council Member Dan Suckley, Council Member Jim Klein, and Council Member Sylvia Campos C. PUBLIC COMMENT Mayor Guajardo opened public comment. David Loeb, 4771 Ocean Dr., spoke in support of prioritizing streets and storm protection. Johnny Philipello, spoke in support of reauthorizing the sales tax for the arena and infrastructure downtown. D. INDIVIDUAL CONSIDERATION: 1. 24-1145 Motion approving a list of 38 streets, parks and recreation, public safety, and public facilities projects for the 2024 Bond Program totaling $175 million to be considered by the voters on November 5, 2024, with no property tax rate increase. Mayor Guajardo referred to Item 1. Assistant City Manager Neiman Young presented information on the Bond 2024 Program-project lists as follows: our progress (Bond 2004-Bond 2022); recent G.O. bond programs; Bond 2024 program summary; street projects-citywide; street City of Corpus Christi Page 1 Printed on 8/9/2024 Special City Council Meeting Meeting Minutes August 1,2024 projects-Council District 1; street projects-Council District 2; street projects-Council District 3; street projects-Council District 4; street projects-Council District 5; parks and recreation projects-citywide; parks and recreation projects-Council District 1; parks and recreation projects-Council District 2; parks and recreation projects-Council District 3; parks and recreation projects-Council District 4; parks and recreation projects-Council District 5; public safety-fire projects; public safety-police projects; cultural facilities projects; ballot language proposition A (streets); ballot language proposition B (parks and recreation); ballot language proposition C (public safety); ballot language proposition D (cultural facilities); and calendar and next steps. Council Members, City Manager Peter Zanoni, and Assistant City Manger Young discussed the following topics: no significant changes to the progress of projects would occur by removing arterial/collector streets; the redline projects would be moved to a different funding source; the properties that would be included in the cultural facilities ballot language; a request for a list of the worst streets in the City; and a request for a grant writer to assist with obtaining grants for the historical homes. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the proposed Bond 2024 project list (option 2), seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Roy, Mayor Guajardo, Council Member Pusley, Council Member Suckley, and Council Member Klein Nay: 2- Council Member Hunter, and Council Member Campos Abstained: 0 Enactment No: M2024-123 2. 24-1146 Motion approving a one-eighth of one percent Sales and Use Tax reauthorizing Type A sales tax funding to Type B Sales tax funding for a 20-year term to be considered by the voters on November 5, 2024, for the renovation of City facilities in the Sports, Entertainment, and Arts (SEA) District including the American Bank Center, Corpus Christi Museum of Science and History, Art Museum of South Texas, Texas State Museum of Asian Cultures and Education Center, Harbor Playhouse, and the Water Garden; or, the renovation of the City facilities in the Sports, Entertainment, and Arts (SEA) District including the American Bank Center, Corpus Christi Museum of Science and History, Art Museum of South Texas, Texas State Museum of Asian Cultures and Education Center, Harbor Playhouse, and the Water Garden, and construction and maintenance of industrial streets. Mayor Guajardo referred to Item 2. City of Corpus Christi Page 2 Printed on 8/9/2024 Special City Council Meeting Meeting Minutes August 1,2024 Assistant City Manager Heather Hurlbert presented information on the following topics: local sales tax; additional items for consideration; term; allowable uses of Type A/B sales tax; proposed uses for each 1/8 cent; ballot language for proposed project#2; possible capital projects: FM 624; Turkey Creek; Clarkwood Ditch/Oso Tributary; North Beach linear canal phase 2; Corpus Christi Bay; Williams Ditch; Oso Creek; office of economic development survey results; survey results; and calendar and next steps. Council Members, City Manager Zanoni, Assistant City Manager Hurlbert, and Assistant City Manager Young discussed the following topics: the proposed project #2 for the Downtown Seawall Flood Control can be reauthorized under Type B; a council member spoke in favor of Proposed Project#1 D, which effectively moved projects funded from other sources and added residential streets to Bond 2024 for a total of 38 projects; two cents of the Hotel Occupancy Tax is currently used for maintenance of the American Bank Center; a concern that no projects are identified for Flour Bluff or Padre Island; OVG360 is responsible for the naming rights of American Bank Center; a concern that the top three programs citizens prioritized in their surveys are not included in staffs recommended projects; the proposed project #1 D project would generate more revenue in one year than Chapter 327 would generate in four years; the American Bank Center and the SEA District deliver economic growth to the downtown area; the importance of fixing potholes; a concern that none of the proposed projects offer permanent funding for residential streets; and to consider reauthorizing the 1/8 cent sales tax to Chapter 327. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Pusley moved to approve the Proposed Project#1 D for a 20-year term, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Roy, Mayor Guajardo, Council Member Pusley, Council Member Suckley, and Council Member Klein Nay: 3- Council Member Hernandez, Council Member Hunter, and Council Member Campos Abstained: 0 Enactment No: M2024-124 3. 24-1244 Motion approving a one-eighth of one percent Sales and Use Tax reauthorizing Type A sales funding to Type B Sales tax funding for a 20-year term to be considered by the voters on November 5, 2024, for Downtown Seawall and City-Wide Flood Control and coastal resiliency projects. Mayor Guajardo referred to Item 3. Council Members and Assistant City Manager Heather Hurlbert discussed the City of Corpus Christi Page 3 Printed on 8/9/2024 Special City Council Meeting Meeting Minutes August 1,2024 following topics: to ensure citywide stormwater improvements is mentioned on the ballot; and a recommendation to reauthorize this project under Type B. Council Member Hernandez moved to approve the proposed project#2 reauthorizing Type A sales funding to Type B Sales tax funding for a 20-year term, seconded by Council Member Hunter. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Roy, Mayor Guajardo, Council Member Pusley, Council Member Suckley, Council Member Klein, and Council Member Campos Abstained: 0 Enactment No: M2024-125 E. Adjournment There being no further business, Mayor Guajardo adjourned this meeting at 12:00 p.m. City of Corpus Christi Page 4 Printed on 8/9/2024 City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Workshop Thursday,August 1, 2024 10:00 AM Council Chambers FY 2025 Budget Workshop: Including Water and Wastewater *This meeting will begin following the conclusion of the Special City Council Meeting. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 12:35 p.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: Deputy City Manager Michael Rodriguez, City Attorney Miles Risley and City Secretary Rebecca Huerta Note: Council Member Barrera attended by video conference. City Manager Peter Zanoni arrived at 12:40 p.m. Present 9- Paulette Guajardo, Roland Barrera, Gil Hernandez, Michael Hunter, Sylvia Campos, Dan Suckley, Everett Roy, Mike Pusley, and Jim Klein BRIEFINGS: 1. 24-1243 FY 2025 Budget Workshop: Water and Wastewater Proposed Operating and Capital Budgets, and Proposed Utility Rates for FY 2025 Chief Operating Officer of Corpus Christi Water (CCW) Drew Molly presented information on the following topics: FY 2024-2025 proposed budget table of contents; Corpus Christi Water; mission statement; organizational structure; surface water sources; Inner Harbor Seawater Desalination Treatment Plant; about Corpus Christi Water; FY 2024 achievements-wastewater; consent decree; FY 2025 proposed budget wastewater fund: $113.5M; year-over-year costs; wastewater services; wastewater FY 2024 CIP progress; FY 2025 wastewater proposed CIP: $182.7M; wastewater FY 2025 proposed CIP; FY25 proposed water and wastewater rates; stakeholder engagement; FY 2024 achievements-water; FY 2025 proposed budget water fund: $175.5M; year-over-year costs; water services; FY 2025 drought surcharge exemption fund; water FY 2024 CIP progress; water FY 2024 CIP progress-delays; water FY 2025 proposed CIP: $517.2M; water FY 2025 proposed CIP; water FY 2023 annual billed usage; estimated FY 2023 raw water allocation; and large volume customers. City of Corpus Christi Page 1 Printed on 81712024 City Council Workshop Meeting Minutes August 1,2024 Principal Consultant of NewGen Strategies & Solutions Andy McCartney presented information on the following topics: agenda; 2025 project team; current clients; approach to FY 2025 rates; FY 2025 proposed rates-wastewater rate structure; FY 2025 proposed wastewater rates; FY 2025 results for total wastewater system; FY 2025 proposed rates-inside city limits-residential; FY 2025 proposed rates-inside city limit-commercial; FY 2025 proposed rates-outside city limit-residential; FY 2025 proposed rates-outside city limit-commercial; FY 2025 proposed rates-water rate structure; water system functionalization; starting point last year for retail water-FY 2024 analysis; starting point last year for retail water-FY24 COS vs. revenues from 2023 rates; FY 2025 results for retail water system-FY 2025 analysis; FY 2025 results for retail water system-water-COS vs. revenues; FY 2025 proposed water rates; FY 2025 proposed retail rates-inside city limit minimum charge; FY 2025 proposed retail rates-outside city limit minimum charge; FY 2025 proposed retail rates-inside and outside city limit volume charges; FY 2025 proposed rates-public agency (wholesale) treated water; FY 2025 proposed rates-wholesale raw water only; FY 2025 proposed rates-municipal (wholesale) raw water only; FY 2025 proposed rates-residential; FY 2025 proposed rates-commercial (typical restaurant); FY 2025 proposed rates-irrigation; FY 2025 proposed rates-large volume; and FY 2025 proposed rates-wholesale treated. Council Members, City Manager Peter Zanoni, COO Molly, Mr. McCartney, Assistant Director of Support Services for Utilities Reba George, and Assistant Director of CCW-Finance & Administration Kamil Taras discussed the following topics: the size of the water meters are based on the flow capacity of the meter; approximately 2,400 residents have one-inch meters; the amount of water loss tracked by CCW as water line repairs are improved; for CCW to consider incentivizing more established industries to decrease their water consumption; a concern about the percentage of operating budget for water and wastewater that goes to debt service; the purpose of the tier levels is to bring all water users to their cost of service; and a request for a cost analysis that shows cost versus usage of water for both treated and raw water. C. Adjournment There being no further business, Mayor Guajardo adjourned this meeting at 2:56 p.m. City of Corpus Christi Page 2 Printed on 81712024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of July 30, 2024 1852 Second Reading for the City Council Meeting of August 13, 2024 DATE: July 19, 2024 TO: Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Ordering a General Election to elect Mayor and eight Council Members November 5, 2024 CAPTION: Ordinance ordering a general election to be held on November 5, 2024, in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County, and a runoff election, if one is necessary, on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. SUMMARY: This ordinance will allow for a general election to be held on November 5, 2024, to elect a Mayor and eight Council Members; and allow the City to enter into a joint election agreement and election services contract with Nueces County. BACKGROUND AND FINDINGS: Per the City Charter, the regular election of the Mayor and eight Council Members shall be held on the November uniform election date of even-numbered years as authorized by State law. In the past, the City has conducted a joint election with Nueces County. ALTERNATIVES: None. FISCAL IMPACT: Based on the most recent final actuals for the 2022 general election and 2022 runoff election, in FY 2025, staff has budgeted a conservative amount of $300,000 combined for the general and runoff election, if necessary. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Mission Element: 714 Project # (CIP Only): N/A Account: 530000 Professional Services Note: Will be paid in FY 2025. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement— Nueces County Ordinance ordering a general election to be held on November 5,2024,in the City of Corpus Christi for the election of Mayor and eight Council Members; providing for procedures for holding such election; providing for notice of election and publication thereof; providing for establishment of branch early voting polling places; designating polling place locations; authorizing a joint election with Nueces County,and a runoff election,if one is necessary,on December 14, 2024; authorizing execution of a Joint Election Agreement and Election Services Contract with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance. WHEREAS, the City Charter provides for the holding of a regular City election for Mayor and Council Members in the City of Corpus Christi, on the November Uniform Election Date in even- numbered years as authorized by State law, the same being November 5, 2024; with a runoff election, if one is necessary; and WHEREAS, it is provided in Section 3.004 of the Texas Election Code that the governing body shall order elections pertaining to municipal affairs, and other provisions of the Election Code provide for notice, appointment of election officers to hold the election; and other matters related to the holding of the election; and WHEREAS,Nueces County will also be conducting an election on November 5, 2024. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS,THAT: SECTION 1.A regular City election(hereinafter the"Election")for a Mayor,District One Council Member, District Two Council Member, District Three Council Member, District Four Council Member, District Five Council Member, and three At-large Council Members shall be held in the City of Corpus Christi, Texas on Tuesday, November 5, 2024. A runoff election shall be held, if one is necessary, on December 14, 2024. SECTION 2. At the Election, all the qualified voters of the City of Corpus Christi shall be permitted to vote. SECTION 3. The names of candidates for the office of Mayor and the names of candidates for the office of the City Council members shall be placed on said ballot in manner and form prescribed by law. SECTION 4. Nueces County will select the voting equipment to be used in the Election in accordance with the Texas Election Code. The Election shall be held at the polling places in the regularly prescribed precincts of the City of Corpus Christi, as determined by the Nueces County Clerk (a list of which will be approved and attached hereto as Attachment A, and incorporated herein, when such polling places are determined by Nueces County). The Election shall be held in accordance with the Election Laws of the State of Texas. The polls shall be open from 7:00 a.m. to 7:00 p.m. on the date of the Election. Nueces County will ensure that its voting equipment complies with State law. SECTION 5. The City Secretary, or her designee, in coordination with the Nueces County Clerk (the Election Official)or the designee thereof, as necessary or desirable,will identify and formally 1 approve the appointment of the Presiding Judges, Alternative Presiding Judges, Election Clerks, and all other election officials, together with any necessary changes to election practices and procedures and can correct, modify, or change the Attachments to this Ordinance based upon the final locations and times agreed upon by the Election Official and the City to the extent permitted by applicable law. SECTION 6. The City Secretary shall conduct the Election as directed by ordinance of the City Council and by law in accordance with the joint election agreement to be entered into with Nueces County. The City Secretary is directed to provide such demographic data and information as required by law. SECTION 7. Early voting in person at each of the temporary branch polling places shall be conducted as follows: Such early voting in person may be conducted at the main early voting polling place located in the first-floor lobby of the Nueces County Courthouse, 901 Leopard, and at the temporary branch polling places as determined by the Nueces County Clerk (a list of which will be approved and attached hereto as Attachment B, and incorporated herein, when such temporary branch polling places are determined by Nueces County). Each branch polling place and the main early voting polling place shall serve all Election precincts. SECTION 8. The City Secretary is directed to post and publish such election notices as are required by the election laws of the State of Texas. The City Secretary is further appointed as the authority and officer responsible for the conduct of said Election and is hereby authorized and directed to make all necessary arrangements for the holding of said Election in accordance with and subject to the laws of this State including but not limited to coordinating the election process, including use of tabulation equipment, supplies and printing of ballots, in accordance with the joint election agreement to be executed with Nueces County. SECTION 9. The Election is expected to be conducted in accordance with an agreement between Nueces County and the City of Corpus Christi to hold a joint election on November 5,2024(which shall be approved and attached hereto as Attachment C and incorporated herein). The City Manager or designee is authorized to execute a Joint Election Agreement with Nueces County for the conduct of the election in accordance with this ordinance. The terms of the Agreement will be consistent with the terms of the 2022 Joint Election Agreement. The City Secretary is authorized to approve all lawful changes and additions to the procedures provided herein in order to implement such agreement, including but not limited to provisions for substations. SECTION 10. The City Manager or designee is authorized to execute a Contract for Election Services with Nueces County for conduct of the Election in accordance with this ordinance. The terms of the contract will be consistent with the terms of the 2022 Contract for Election Services. SECTION 11. By approving and signing this ordinance, the Mayor officially confirms and orders as the Mayor's actions all matters recited in this ordinance which by law come within the Mayor's jurisdiction. SECTION 12. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance or the ballot herein shall be held invalid or unconstitutional by final 2 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 of its purpose. Introduced and voted on the day of 52024. PASSED and APPROVED on the day of 72024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 3 ATTACHMENT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday, November 5, 2024 Election Day Polling Locations open from 7:00 a.m. to 7:00 p.m. Nueces County participates in the Countywide Polling program under Section 43.007 as amended, Texas Election Code. Registered voters will be able to case their Election Day ballots at any of the vote centers identified below. (Aransas County, Kleberg County, and San Patricio County also participate in Countywide Polling Place programs). [TO BE INSERTED —POLLING PLACES IN THE REGULARLY PRESCRIBED PRECINCTS OF THE CITY OF CORPUS CHRISTI] [The remainder of this page intentionally left blank] 4 ATTACHMENT B MAIN AND TEMPORARY BRANCH POLLING PLACES,DATES,AND TIMES Early voting begins Monday, October 21,2024 and ends on Friday,November 1, 2024 Early Voting Clerk: Kara Sands,Nueces County Clerk Early Voting Clerk's Street Address: 901 Leopard Street Corpus Christi,TX 78401 Presiding Judge of Early Voting Ballot Board: TBA Locations,Dates,and Hours of Main Early Voting Polling Location Nueces County Courthouse 901 Leopard Street Corpus Christi,TX 78401 Dates Times Monday, Oct. 21-Saturday, Oct. 26, 2024 8:00 a.m. — 5:00 p.m. Sunday, October 27, 2024 Noon— 6:00 p.m. Monday, Oct. 28 —Friday,Nov. 1, 2024 7:00 a.m. — 7:00 p.m. Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. [The remainder of this page intentionally left blank] 5 Location,Dates, and Hours of Temporary Branch Polling Places [TO BE INSERTED—TEMPORARY BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] EARLY VOTING BY MAIL Applications for Ballot by Mail for the General Election must be received(not postmarked)no later than the close of business (5:00 p.m.)on Friday, October 25,2024. Applications should be mailed to: Kara Sands,Nueces County Clerk Attn: Elections Department P.O.BOX 2627 Corpus Christi,TX 78403 Applications may be emailed to: votebymailknuecesco.com *Note: if emailing an application,the original must also be mailed to the County Clerk Nueces County Clerk Website: hiips://www.nuecesco.com/county-services/county-clerk/e lections-department [The remainder of this page intentionally left blank] 6 Attachment C Joint Election Agreement [TO BE INSERTED] [The remainder of this page intentionally left blank] 7 AGREEMENT TO CONDUCT JOINT ELECTION BETWEEN THE CITY OF CORPUS CHRISTI AND NUECES COUNTY FOR THE NOVEMBER 5,2024 ELECTION THE STATE OF TEXAS § COUNTY OF NUECES § This Agreement to Conduct Joint Election (this "Contract")is entered into by and among the City of Corpus Christi, a political subdivision of the State of Texas (the "CITY"), and Nueces County, a political subdivision of the State of Texas, (the "COUNTY"), each individually, a "Party" or, collectively,the "Parties," pursuant to Chapter 271 of the Texas Election Code. RECITALS WHEREAS, the CITY and the COUNTY each expect to call an election to be held on November 5, 2024 ("Election Day"); and WHEREAS, the CITY and the COUNTY desire to conduct such elections jointly pursuant to Chapter 271 of the Texas Election Code, and WHEREAS, the CITY and the COUNTY desire to enter into a contract setting out the respective responsibilities of the Parties; NOW, THEREFORE, the Parties agree as follows: ARTICLE I PURPOSE 1.01 The Parties have entered into this Contract to conduct a joint election on November 5, 2024. The purpose of this agreement is to maintain consistency and accessibility in voting practices, polling places, and election procedures in order to best assist the voters of the Parties. ARTICLE II JOINT ELECTION 2.01 The Parties agree to conduct their respective November 5, 2024, elections jointly pursuant to Chapter 271 of the Texas Election Code. The parties agree that early voting and regular Election Day voting shall be conducted jointly. The Parties agree to the use of common polling places for both early voting and Election Day, specifically the polling locations established by the Nueces County Commissioners Court. The Parties agree to use the Election Judges and Clerks appointed in accordance with Sections 32.002, 32.034, 85.009, 87.002 and 127.005 of the Texas Election Code. The Parties agree that Kara Sands, Nueces County Election Officer shall serve as the Election Officer and Early Voting Clerk for the election held jointly. The Parties agree to use a single ballot where appropriate and that common equipment and ballot boxes may be used for both elections for all relevant purposes as provided in Chapter 271. 1 ARTICLE III. TERM 3.01 Except as hereinafter set out,the term of this Contract shall be from the time of last execution until all items with respect to this Contract have been completed. ARTICLE IV CONTRACT FOR ELECTION SERVICES 4.01 The City acknowledges that they have contracted for election services to be provided by Kara Sands,Nueces County Election Officer for the elections. The Nueces County Election Officer will serve as the Election Officer and the Early Voting Clerk for each Party for the joint election. ARTICLE V EACH PARTY RESPONSIBLE FOR ITS PRO RATA COST OF SERVICE AS BILLED 5.01 All costs incurred by the Parties attributable to the coordination, supervision, and runningof the election and incurred on behalf of the Parties, including expenses for supplies in connection with the election worker training, election supplies, wages paid for election workers, any paper ballots to be used for the election, and any other expenses reasonably and directly related to the election, including, without limitation, rental and programming of direct recording electronic voting devices and audio ballots shall be borne by the Parties based on the Election Services Agreement with the County Election Officer, and each Party will be responsible for their pro rata portion. ARTICLE VI GENERAL PROVISIONS 5.1 This Contract shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. 5.2 In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal or unenforceable in any respect, the invalidity, illegality, or unenforceability shall not affect any other provision, and this Contract shall be construed as if the invalid, illegal, or unenforceable provision had never been a part of the Contract. 5.3 This Contract constitutes the only agreement of the Parties hereto and supersedes any prior understanding or written or oral agreement between the parties respecting the written subject matter. 5.4 No amendment,modification, or alteration of this Contract shall be binding unless it is in writing, dated subsequent to the date of the Contract and duly executed by all of the Parties. 5.5 Any notice to be given hereunder by any party to the other shall be in writing and may 2 be affected by personal delivery, by certified mail, or by common carrier. Notice to a party shall be addressed as follows: CITY: Peter Zanoni City Manager 1201 Leopard St. Corpus Christi, TX 78401 COUNTY: Connie Scott County Judge 901 Leopard Street Corpus Christi, TX 78401 Notice by hand-delivery is deemed effective immediately, notice by certified mail is deemed effective three days after deposit with a U.S. Postal Office or in a U.S. Mail Box, and notice by a common carrier, is deemed effective upon receipt. Each party may change the address for notice to it by giving notice of such change in accordance with the provisions of this Section. 5.6 Rebecca Huerta is hereby designated the primary representative of the CITY to coordinate with the County Election Officer in the conduct of the joint election. Remainder ofpage intentionally left blank;signature page to follow. 3 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on the dates identified below, with the effective date being the date of execution by last signatory. CITY OF CORPUS CHRISTI: BY: Peter Zanoni, Date City Manager Attest: Rebecca Huerta City Secretary Approved as to form: Lisa Aguilar, Assistant City Attorney For City Attorney NUECES COUNTY: BY: Connie Scott Date County Judge Attest: Kara Sands County Clerk 4 CONTRACT FOR ELECTION SERVICES THE STATE OF TEXAS COUNTY OF NUECES Pursuant to Texas Election Code Section 31.092 this Contract for Election Services is made by and between Nueces County Clerk Kara Sands, County Election Officer of Nueces County, Texas, hereinafter referred to as "Election Officer" and the City of Corpus Christi, hereinafter referred to as "the City," located entirely or partially inside the boundaries of Nueces County. NOW, THEREFORE, in consideration of the mutual covenants, agreements, and benefits to the parties, IT IS AGREED as follows: GENERAL PROVISIONS The City, enters into agreement with the Election Officer to conduct its General Election on November 5,2024,held for the purpose of the election of candidates and/or measures. The Election Officer agrees to conduct turnkey election services for the City, for the purpose of voting on the election of candidates and/or measures. Nueces County owns an electronic voting system, the Hart InterCivic Verity DuoVoting System (Version 2.5), which has been duly approved by the Texas Secretary of State pursuant to Texas Election Code Chapter 122 as amended and is compliant with the accessibility requirements for persons with disabilities set forth by Texas Election Code Section 61.012.The City hereby contracts to use the County's electronic voting system in tandem with the County's elections services, and to compensate the County for such use and other expenses connected with administering the election in accordance with the applicable provisions of Chapter 31 of the Texas Election Code. The City agrees to appoint the County Election Officer to serve as the City's Election Officer and the Early Voting Clerk as authorized by Chapter 31 of the Texas Election Code. I. DUTIES AND SERVICES OF ELECTION OFFICER As the City's Election Officer and Early Voting Clerk, the County Election Officer shall coordinate, supervise, and handle all aspects of administering the Election and Early Voting as provided in this agreement and Chapter 31 of the Texas Election Code in compliance with all applicable state and federal laws, unless specifically stated otherwise in this agreement. The County Election Officer may employ other personnel necessary for the proper administration of the election, including such part-time help as is necessary to prepare for the election, to ensure the timely delivery of supplies and performance of duties during early voting and on Election Day, and for the efficient tabulation of ballots at the Central Counting Station. II. DUTIES AND RESPONSIBILITIES OF POLITICAL SUBDIVISION 1 The City shall be responsible for the preparation and publication of all required election orders, notices, and any other pertinent documents required by the Texas Election Code. The City shall provide a list of candidates and/or measures showing the order and the exact manner in which the candidates and/or measures are to appear on the official ballot in both English and Spanish. The City shall complete the ballot order form provided and submit it to the Elections Department by Friday, August 23, 2024, at 5:00 p.m. Failure to meet the deadline may result in the City not joining Nueces County for the General Election. The City understands they are responsible for providing, proofing and attesting to the accuracy of all ballot language and format information programmed by the County and/or vendor. This includes any information programmed for use with the audio feature of the equipment. The City must provide approval by signature in person. III. VOTING The Hart InterCivic Verity Duo equipment shall be employed at the election in accordance with the Texas Election Code. The number and location of vote centers for early voting and election day shall be determined by the County Election Officer from the list of established Nueces County vote centers established by vote of the Nueces County Commissioners Court. Voting by personal appearance shall be conducted exclusively on Hart InterCivic Verity Duo voting system. The County Election Officer will prepare the unofficial canvass reports that are necessary for compliance with Election Code Section 67.004 after all districts and precincts have been counted and will deliver a copy of these unofficial canvas reports to each political subdivision as soon as possible after all returns have been tabulated. Each participating political subdivision shall be responsible for the official canvass of its respective election(s). The County Election Officer will prepare the electronic precinct-by-precinct results report for uploading to the Secretary of State as required by Section 67.017 of the Election Code. The County Election Officer agrees to upload these reports for each political subdivision unless requested otherwise. IV.ELECTION EXPENSES AND ALLOCATION COSTS The City agrees to fully reimburse the County for all expenses incurred in the performance of this agreement plus a ten percent(10%) administrative fee. In the event that a joint election is held, each parry will pay the costs associated with the entity's portion of the cost of administering the election. The County Election Officer will submit a detailed bill to participating Political Subdivision no later than 120 days after the Election. 2 V. RUNOFF ELECTION The City shall have the option of extending the terms of this agreement through its Runoff Election, if applicable. In the event of such Runoff Election, the terms of this agreement shall automatically extend unless the City notifies the County Election Officer in writing within three (3)business days of the original election. Each participating political subdivision shall reserve the right to reduce the number of early voting locations and/or election day voting locations in a runoff election. VI. RECOUNTS By approval and execution of this agreement, the presiding officer of the contracting political subdivision agrees that any recount shall take place at the Office of the County Clerk, and that the County Clerk shall serve as the Recount Supervisor. VIL RECORDS OF THE ELECTION The County Election Officer is hereby appointed General Custodian of the voted ballots and all records of the November 5, 2024, Election as authorized by the Texas Election Code. Records of the election shall be retained and disposed of in accordance with the provisions of Texas Election Code Section 66.058. VIIL NHSCELLANEOUS PROVISIONS It is understood that the County may enter into contracts for elections services with other political subdivisions. In the event that a joint election is held, each parry will pay the costs associated with the entity's portion of the cost of administering the election. The participating parties shall share a mutual ballot in those precincts where jurisdictions overlap. However, in no instance shall a voter be permitted to receive a ballot containing an office or proposition stating a measure on which the voter is ineligible to vote. This agreement shall be construed under and in accord with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Nueces County, Texas. In the event that one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect,such invalidity,illegality,or unenforceability shall not affect any other provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. All parties shall comply with all applicable laws, ordinances, and codes of the State of Texas, all local governments, and any other entities with local jurisdiction. The County Clerk shall file copies of this document with the Nueces County Judge and the Nueces County Auditor in accordance with Section 31.099 of the Texas Election Code. Remainder ofpage intentionally left blank; signature page to follow. 3 IN TESTIMONY WHEREOF, the parties hereto have executed this Agreement on the dates identified below, with the effective date being the date of execution by last signatory. NUECES COUNTY Kara Sands Date Nueces County Clerk CITY OF CORPUS CHRISTI Peter Zanoni Date City Manager Approved as to form: Lisa Aguilar, Assistant City Attorney for City Attorney 4 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of July 30, 2024 1852 Second Reading for the City Council Meeting August 13, 2024 DATE: July 30, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(o-)-cctexas.com 361-826-7202 Acceptance of the Women, Infant and Children's Nutrition Program (WIC) grant for the Corpus Christi — Nueces County Public Health District in the amount of$1,233,166 to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and the appropriation of the funds for the contract period. CAPTION: Ordinance authorizing the acceptance of an increase in the grant from the Texas Department of State Health Services (DSHS) for the Women, Infants, and Children's Nutrition Program (WIC) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and authorizing 14 existing FTEs that are funded by this grant and appropriating the $1,233,166.00 in the Health Grant Fund. SUMMARY: The Texas Health and Human Services Commission has awarded the Corpus Christi—Nueces County Public Health District (CCNCPHD) WIC program $1,233,166.00 to provide WIC services. These services include the issuance of supplemental WIC benefits, nutrition education, one-on- one counseling with nutritionists, nutrition classes, breastfeeding education, and support, and the distribution of breastfeeding pumps with supplies. The primary purpose of the grant is to serve as a nutrition program for pregnant women, breastfeeding women, and families with children younger than five. Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women. BACKGROUND AND FINDINGS: The CCNCPHD has been awarded this grant for more than 20 years, and the WIC grant can support a maximum of 21 grant-funded staff. The Texas Health and Human Services Commission is the funding agency for this grant and has awarded a budget of$1,233,166.00 for FY25. In FY 24, the WIC program increased its client participation rate. Additionally, the program was awarded the Star Customer Service Award from the Texas Health and Human Services Commission, which is only given to the top 15% of WIC programs in Texas. ALTERNATIVES: Refuse the grant and discontinue offering WIC services. FISCAL IMPACT: There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. The award includes an indirect cost allocation of 22.39% of direct salaries and wages to the City of Corpus Christi. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 831325F WIC FY24-25 Department Number: 15 Health Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Ordinance Certification of Funds Ordinance appropriating $1,233,166.00 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Department of State Health Services (DSHS) to provide funding for the WIC program for the period of October 1, 2024, through September 30, 2025. Whereas, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and Whereas, the Texas Health and Human Services Commission has awarded $1 ,233,166.00 for contract HHS #HHS000802100001 for personnel costs, supplies, and other expenses for the Women, Infants, and Children's (WIC) Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of $1,233,166.00 are appropriated from the grant to the Health Grants Fund No. 1066 for personnel costs, supplies, and other expenses for the WIC Program. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 TEXAS Texas Health and Human Services Commission `.V Health and Human Services Cecile Erwin Young June 27, 2024 Executive Commissioner Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA#38 RE: Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001. This is a notification of your organization's FY 2025 (October 1, 2024 to September 30, 2025) WIC Local Agency funding. Your organization will be receiving the funding listed below: Type of Allocation Project Admin Nutrition Breast- Project Project Contact Total $ Education feeding Estimated General Elsa Rodriguez $1,040 166 X X X Admin Funding* elsa.rodriauez2C&hhs.texas.aov Peer Counselor Asia Sartor $85,000 X asia.sartor(ahhs.texas.00v Registered Dietitian Stephanie Holland $15,000 X X X stephanie.holland 1Cahhs.texas.aov Lactation Services Zoe Adams $2,500 X zoe.adams(&hhs.texas.gov Lactation Support Betzabel Botello Center betzabel.botelloCabhhs.texas.gov $0 X Dietetic Internship Melissa Mouton $0 X melissa.moutonCcbhhs.texas.gov SNAP-Ed Christine Least $40,000 X Nutrition Education christine.leastCcbhhs.texas.gov SNAP-Ed Anna Garcia Breastfeeding anna.garciaCabhhs.texas.gov $15,000 X Extra Funding Marissa Gregurek $0 X Summer Meal Program marissa.gregurek(a)hhs.texas.gov Extra Funding Tammye Farmer-Holloman $5,500 X TXIN Internet tammve.farmerhollomanOhhs.texas.gov Extra Funding Amber Oltmann Improving Participant amber.oltmann(&hhs.texas.gov $0 X Experience P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov June 27, 2024 Page 2 Type of Allocation Project Admin Nutrition Breast- Project I Project Contact 1 Total $ Education feeding Extra Funding Akata Sanghani $10,000 x Nutrition Education akata.sanghani(d)hhs.texas.aov Extra Funding Tammye Farmer-Holloman $20,000 x Other tammye.farmerholloman@hhs.texas.gov Miscellaneous Projects Tammye Farmer-Holloman $0 x tammye.farmerholloman@hhs.texas.gov Total $1,233,166 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR)$16.14: per participant plus any earned incentives. The Dietetic Internship funding is added based on application only, this funding will be reduced if a selection is not made for your local agency. This notice does not relieve the aclency from seekincl additional approvals as reauired by WIC Policy. For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual allowable costs associated with each project. If the reimbursement requested amount is exceeded, the invoice will be returned to the Local Agency for correction and resubmission. For questions regarding purchase requests, please contact WICLARequests(a)hhs.texas.gov. For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tam mye.farmerholloman(a)hhs.texas.gov. Sincerely, 6�;� C44�- Edgar Curtis, Texas WIC Director Health and Human Services Commission cc: Fauzia Khan, Public Health Director P.O. Box 13247 • Austin, Texas 78711-3247 • 512-424-6500 • hhs.texas.gov Women, Infants, and Children's Nutrition Program (WIC) Grant Ordinance Ordinance appropriating $1 ,233,166.00 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Department of State Health Services (DSHS) to provide funding for the WIC program for the period of October 1 , 2024, through September 30, 2025. City Council July 30, 2024 Background and Summary Women, Infant and Children's Nutrition Program (WIC) • The primary purpose of the grant is to: o The primary purpose of the grant is to serve as a nutrition program for pregnant women, breastfeeding women, and families with children younger than 5. o Texas WIC helps improve the diets of infants and children as well as pregnant, postpartum, and breastfeeding women by providing monthly healthy food packages, nutrition counseling, education and breastfeeding support. • Grant period is October 1 , 2024, through September 30, 2025 City Council July 30, 2024 Fiscal Impact and Staff Recommendation Fiscal Impact: • There is no fiscal impact. • The grant requires no match. All positions are 100% grant fund • The grant provides funding for 14 FTE's Total Operating budget is $1 ,233,166.00 • Staff Recommendation: Approval of the two reading ordinance. City Council July 30, 2024 s cr� (,o ow aORARPPTEO xs52 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of July 30, 2024 Second Reading for the City Council Meeting of August 13, 2024 DATE: July 8, 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 7702 Starry Road CAPTION: Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-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 multifamily residential use. BACKGROUND AND FINDINGS: The subject, vacant and undeveloped, property is out of the southside area, a quarter mile south of Yorktown Boulevard, an A3 class arterial road, along the east side of Starry Road, a local residential road closed by Ordinance 0330279 on January 30t" 2024, one-third of a mile northwest of the Oso Creek, directly across a public/semi-public -educational facility- use under construction, and along the realigned Oso Parkway, a parkway collector right-of-way underway. The properties to the north are zoned "RS-4.5" Single-Family and "CN-1" Neighborhood Commercial District, with the low-density Starlight Estates Unit 1 subdivision, and a vacant property. To the south properties are zoned "FR" Farm Rural District and "RS-4.5" Single- Family District, with some properties that are vacant, and the Creekside Middle School and the Southeast Elementary School. To the east properties are zoned "CG-2" General Commercial District and "RS-4.5" Single-Family, with vacant parcels, and the previously mentioned public/semi-public use. To the west, properties are zoned "FR" Farm Rural "RS-4.5" Single- Family. The area between Rodd Field Road, Yorktown Boulevard, and Oso Creek, was annexed in the mid-1990s and since, has subsequently been subject to multiple re-zonings since the early 2000s for the densest single-family zoned development. It is home to the Rancho Vista, Riverbend, and Starline Estates subdivisions, primarily zoned "RS-4.5" Single-Family. A similar pattern can be found north of Yorktown Boulevard, with limited general commercial districts, and the prevalent neighborhood commercial districts. The applicant is requesting an amendment from the current "FR" Farm Rural district to the "RM-2" Multi-Family District to accommodate a multi-family development. The "RM-2" Multi- Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. The proposed amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). Public Input Process: Twenty-three (23) notices were mailed within the 200-foot notification area, and 2 outside the notification area. As of July 26, 2024: [In Favor In Opposition inside notification area 1 inside notification area outside notification area 0 outside notification area A total of 1 .17% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION(June 12, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "RM-2" Multi-Family District. Vote Results For: 7 Against: 0 Absent: 2 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8254, Azali Investments LLC (District 5). Ordinance rezoning a property at or near 7702 Starry Road from the "FR" Farm Rural District to the "RM-2" Multi-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission, during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to appear and be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas are amended by changing the zoning on the subject property being 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract, as described and shown in Exhibit "A" and "B", from: the "FR" Farm Rural District to the "RM-2" Multi-Family District. The subject property is located at or near 7702 Starry Road. Exhibit A, a metes and bounds description, and Exhibit B, a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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. SECTION 7. This ordinance shall become effective upon publication. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 6 Exhibit A Project No.20240301 March 15,2024 7.141 Acre Zoning Tract STATE OF TEXAS§ COUNTY OF NUECES§ FIELDNOTES, for a 7.141 Acre, Zoning Tract, situated in the Rincon Del Oso — Enrique Villareal Grant,Abstract 1,being out of Lot 15,Section 34,of the Flour Bluff&Encinal Farm& Garden Tract as shown by plat recorded in Volume A,Pages 41-43,of the Map Records of Nueces County,Texas,comprising of a 6.00 Acre Tract of Land and a 1.140 Acre Tract of Land referenced as Tract 11, described in a Warranty Deed form Corpus Christi Island Apartment Management Group,LLC to Azah Investment, LLC, recorded in Document No. 2023025921, of the Official Public Records,Nueces County,Texas;said 7.141 Acre Tract being more fully described by metes and bounds as follows: Beginning,at a 518 Inch Iron Rod Found,for the East corner of the said 6.00 Acre Tract and this Tract; Thence,South 28°44'30"West,with the Southeast boundary of the said 6.00 Acre Tract, at 395.78 Feet,pass a 5/8 Inch Iron Rod Found 0.90 Feet to the Left,being the East corner of the said 1.140 Acre Tract,for the South corner of the said 6.00 Acre Tract,in all 471.41 Feet,to the South corner of the said 1.140 Acre Tract and this Tract; Thence,North 61°17'46"West,with the Southwest boundary of the said 1.140 Acre Tract, 659.84 Feet,to a Cotton Spindle Found,for the West corner of the said 1.140 Acre Tract and this Tract; Thence,North 28°44'30"West,with the Northwest boundary of the said 1.140 Acre Tract, at 59.55 Feet pass a Mag Nail Found,at 75.50 Feet pass a Cotton Spindle Found,being the West corner of the said 6.00 Acre Tract,for the North corner of the said 1.140 Tract,in all 471.41 Feet, to a 5/8 Inch Iron Rod Found with plastic cap,for the North corner of the said 6.00 Acre Tract and this Tract; TBPELS FIRM NO.10194750 ,.�LCARR W W W.CARRLAN DSU RV EY.COM HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US H WY 281 5TE.H#193 CORPUS CHRISTI,TX 78413 MARBLE FALLS,TX 78654 361.248.1850 830.321,4569 Page 3 of 6 0 Thence, South 61°17'46"East,with the Northeast boundary of the said 6.00 Acre Tract, 659.84 Feet,to the Point of Beginning,containing 7.141 Acres(311,057 SgFt)of Land,more or less,of which 0,216 Acres more or less lies within the Right-of-Way of Starry Road,leaving a Net Acreage of 6.925 Acres,more or less. Grid bearings herein are referenced to the Texas Coordinate System of 1983,Texas Central Zone 4203,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless the fieldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying Zoning Exhibit of Tract described herein. PRE OF TF� co DAMES DAV1D CARR 14VC7 ,47Y1 1 ..................... A 6458 v= <9,�F�ss+&?Y. ` James D.Carr,RPLS SUR�r` TX License No.6458 March 15,2024 TBPELS FIRM NO.10194750 J EAeRR W W W.CARRLAN DSU RV EY.COM HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US H WY 281 STE.H#193 CORPUS CHRISTI,TX 78413 MARBLL FALLS,TX 78654 361.248.1850 830.321,4569 Page 4 of 6 a$ a o"6 r/1 o a i 11 c wZ w E am w 076 a a 2" �0 C, m \ �4 L b• LL, °w�Fz oN a � x .. 'tn'L< 7 �mcEa uo mp Nc`o r L a1 a m. 0 m o 'c cw L4 J I NO E �( _ C7 NQN V1n ���N '+ �. cc I L7)< cv C eO 3 T z 0 �20 x 3a m ymZ cNp': o:n ro mryaf p *•Y o -'y Sri c a 50 Of a o e .'gyp'4 eg v w c Q�v4 -a cl) � ' �. COs 9�°4 � g1 � a• W if U :2 g LLJ • ® Q S r vmarnv� ON {O d� \� o 7 a��n p z}LL zo LLI z EL U v c \ m • W ~ c N J N O 4 O N -O N Z _m m 101, c U c' -A 'I wx m E fa c cn'i 4 Jyco o Page 5 of 6 Exhibit B Qom , o� CN- 9 R Sim''4. 5 r' CG-2 svarEcr f � PROPERTY FR RS-4. 5 CASE: ZN8254 SUBJECT PROPERTY WITH ZONING t ® S Subject Property A-1 Apa Mouse Disz— 4l Limited Industrial DIS/rlLs A-sA Apardrwnl House Dis— F2 LW.Indu,Y D.— A-2 Apanmenl IN m Disvct 43 Heavy lnduWlaf D,S AS Prolessisnal Offim Distr 1 WD Pla U.'Devebpmms pa AT Arbrrenr-Twaist O�mic2 RAA Oneam Fily Dwe6mp D-ia B-1 N-i 11 Arood BusinessD— R.IB One Family Dre¢my DiSdia 8-IA NepnbaAfood Business D'soic! R-IC Or•�e Family Dreltnig Disvled 3-2 Bayfmnl Busmwss Dl R_2 Qn. Drelfine.N 0 B-2A Bartier lMand Buyness Distnet NA One family DrHNing Dislna 1 B-3 BuvnessDsma RE Res,de—lEstateDisvicl Ts..J.CT 84 general Bps -Di— R-rH PROPERTY B-S Primary&ssmess Dsm i SP Bpeeul 3-d Primary Busatess Core Dispi., TAA Travel T..I r Park nfsiriol BD C�Cnn:a Bean Design Disc. T-tB tisan�.na—H—Pan D—d City of Esri,HERE - F-R FamtRuraIDsma T-1C ManulaaureCH—Ge bdii— C<ll us LOCATION MAP HC Hisbncal-culafral Landman Dl—t Christi Preservadar Page 6 of 6 ZONING REPORT Case # ZN8254 Applicant & Subject Property District: 5 Owner: Azali Investments LLC Applicant: Azali Investments LLC Address: 7702 Starry Road, located along the east side of Starry Road, south of Yorktown Boulevard, and north of Oso Creek. Legal Description: 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract. Acreage of Subject Property: 7.14 acre(s). See Attachment A. Pre-Submission Meeting: April 23, 2024 Zoning Request From: "FR" Farm Rural District To: "RM-2" Multi-Family District Purpose of Request: To allow for a Multi-Family residential use. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Vacant Medium-Density Residential Low-Density Residential, "RS-4.5" Single-Family, Transportation (Starry Medium-Density Residential, North "CN-1" Neighborhood Road), Commercial (Starlight Estates Unit 1) Transportation (Starry Vacant Road) Public/Semi Public Use "RS-4.5" Single-Family, (Under Construction- South "FR" Farm Rural Southeast ES & Creekside MS) Vacant Medium-Density "CG-2" General Vacant, Residential East Commercial, Agricultural, "RS-4.5" Single-Family Public/Semi-Public "FR" Farm Rural, Vacant, West "RS-4.5" Single-Family Low-Density Residential Plat Status: The subject property is not platted Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. Transportation and Circulation Designation Section Proposed Section Existing Starry Road "Local," 1 Lane, 1 Lane, Residential On-Street Parking, On-Street Parking, 50-foot ROW 40-foot ROW Oso Parkway Designation Section Proposed Section (Unbuilt) (Under "Pill 2 Lanes, 2 Lanes, Construction Parkway Collector 80- 60-Foot ROW, foot ROW Along site frontage Transit: The Corpus Christi RTA does not provide service to or near the subject property. Bicycle Mobility Plan: The subject property is approximately a quarter mile south of planned one-way cycle tracks along each side of Yorktown Boulevard. Utilities Gas: None exists. Stormwater: none exists. Wastewater: A 12-inch PVC (public main) line is under construction along the re-aligned Oso Parkway. Water: An 8-inch PVC (public distribution) line is under construction along the re-aligned Oso Parkway. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: No improvements are needed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 23 within a 200-foot notification area 2 outside 200-foot notification area In Opposition 1 inside the notification area 0 outside the notification area 1.17% in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: June 12, 2024 City Council 1st Reading/Public Hearing Date: July 30, 2024 City Council 2►,d Reading Date: August 13, 2024 Background: The subject, vacant and undeveloped, property is out of the southside area, a quarter mile south of Yorktown Boulevard, an A3 class arterial road, along the east side of Starry Road, a local residential road closed by Ordinance 0330279 on January 30th 2024, one-third of a mile northwest of the Oso Creek, directly across a public/semi-public -educational facility- use under construction, and along the realigned Oso Parkway, a parkway collector right-of-way underway. The properties to the north are zoned "RS-4.5" Single-Family and "CN-1" Neighborhood Commercial District, with the low-density Starlight Estates Unit 1 subdivision, and a vacant property. To the south properties are zoned "FR" Farm Rural District and "RS-4.5" Single- Family District, with some properties that are vacant, and the Creekside Middle School and the Southeast Elementary School. To the east properties are zoned "CG-2" General Commercial District and "RS-4.5" Single-Family, with vacant parcels, and the previously mentioned public/semi-public use. To the west, properties are zoned "FR" Farm Rural "RS-4.5" Single- Family. The area between Rodd Field Road, Yorktown Boulevard, and Oso Creek, was annexed in the mid-1990s and since, has subsequently been subject to multiple re-zonings since the early 2000s for the densest single-family zoned development. It is home to the Rancho Vista, Riverbend, and Starline Estates subdivisions, primarily zoned "RS-4.5" Single-Family. A similar pattern can be found north of Yorktown Boulevard, with limited general commercial districts, and the prevalent neighborhood commercial districts. The applicant is requesting an amendment from the current "FR" Farm Rural district to the "RM-2" Multi-Family District to accommodate a multi-family development. The "RM-2" Multi- Family District permits apartments, single-family and two-family houses, townhomes, cottage housing developments, group homes, educational facilities, parks and open areas, and places of worship. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. ■ Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing type-rental and ownership, market-rate and assisted- to meet community needs. o New and redeveloped housing is resource efficient. ■ Promote resource efficiency in all new housing through financial or financial incentives, such as permit streamlining. • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, Iocational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. ■ Encourage direct arterial access for high-density apartments or interior access from a street designed specifically to collect the apartment traffic and distribute it directly to an arterial without passing through a lower density residential area. Southside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is generally consistent with the Southside ADP; however, It is inconsistent with the future land use designation of medium-density residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). • The subject property is out of one of the remaining "FR" Farm Rural District pockets, south of Yorktown Boulevard, along the east side of Starry Road, interior to the upcoming Oso Creek Corner mixed use development boundaries, to its northeast and southeast. o The Oso Creek Corner mixed use development is located along the east side of Starry Road to the Oso Creek, and south of Yorktown Boulevard. Insofar, the master preliminary plat was approved by Planning Commission on October 5, 2022, as well as the Phase I Preliminary Plat, conditionally on October 19, 2022, and currently under construction are the Creekside Middle School and the Southeast Elementary School facilities with their associated public improvements, including the re-aligned Oso Parkway. Zoning amendments from the "FR" Farm Rural District, subsequently followed, to the "CN-1" Neighborhood Commercial District along Yorktown Boulevard, to a "CG-2" General Commercial District, and back to a "CN-1" District to Oso Creek, immediately east of Starry Road, with the "RS-4.5" District south of these districts. ■ The approximate net 220-acre mixed-use development is to tentatively contain approximately 10 acres of retail pads, 30 acres of multi-family developments with a maximum density of 37 units per acre, of which, 14 acres is to be immediately adjacent to the subject parcel, a 40-acre site to educational facilities, and approximately 51 acres devoted to the densest single-family district. • The area between the Oso Creek, Yorktown Boulevard, and Rodd Field Road, annexed in 1995, has been subject to several land use amendments since the early 2000s, with properties east of Starry Road and south of Yorktown Boulevard remaining undeveloped and clear of any land use decisions until recently. The area has been heavily developed with single-family uses, with no multi-family uses present, and limited commercial uses. With the adjacency of the site to the Oso creek Corner development, an opportunity to diversify the housing stock to meet a variety of incomes and stages of life cycle is presented. • The property is deemed suitable to be developed per the applicant's request. While closure of Starry Road will result into a common boundary with single-family residential zoned lots, the UDC ensures compatibility through several means, including the provision of a buffer yard. o The City-retained 15-foot utility easement, through the ordinance closing Starry Road, to the lift station (south of the property), wider than the UDC's prescribed buffer yard (10-foot setback and 6-foot solid fence), will act as a buffer to the single-family uses to the west. Planning Commission and Staff Recommendation (June 12, 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 zoning from the "FR" Farm Rural District to the "RM-2" Multi-Family District. • Southside is characterized by a large age bracket of 35-64, followed by the 15-34 group, with one of its vision themes being that it is a safe family-oriented place that continues to attract families, and various infrastructure, especially in the vicinity; the area is suitable for this type of development, as it can sustain a high quality of life also for a wider spectrum of residents; such as outdoor enthusiasts, or young families. The proposed development support the goals of Plan CC and the ADP. • The requested zoning amendment is compatible with the present zoning of nearby properties; and is an appropriate land use, especially adjacent to the Oso Creek Corner development underway. o The Oso Creek mixed use development is proposing multi-family uses adjacent to the subject property. The "CN-1" Neighborhood Commercial District immediately to the northeast of the subject parcel allows densities of 37 units per acre, while the "RM-2" Multi-Family District is limited to 30 units per acre. The "CG-2" General Commercial District to the east, is proposed to include multi- family uses on the interior, adjacent to the educational facilities, and the district also allows 37 units per acre. • The proposed rezoning will not have a negative impact upon the surrounding neighborhood and properties, if approved. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (C) Returned Notice (s) (A) Metes & Bounds Description and Exhibit Project No.20240301 March 15,2024 7.141 Acre Zoning Tract STATE OF TEXAS§ COUNTY OF NUECES§ FiELDNOTES, for a 7.141 Acre, Zoning Tract, situated in the Rincon Del Oso — Enrique Villareal Grant,Abstract 1,being out of Lot 15,Section 34,of the Flour Bluff&Encinal Farm& Garden Tract as shown by plat recorded in Volume A,Pages 41-43,of the Map Records of Nueces County,Texas,comprising of a 6.00 Acre Tract of Land and a I.140 Acre Tract of Land referenced as Tract 11, described in a Warranty Deed form Corpus Christi Island Apartment Management Group, LLC to Azali Investment, LLC, recorded.in Document No. 2023025921, of the Official Public Records,Nueces County,Texas;said 7.141 Acre Tract being more fully described by metes and bounds as follows: Beginning, at a 5/8 Inch Iron Rod Found, for the East corner of the said 6.00 Acre Tract and this Tract; Thence,South 28044'30"West,with the Southeast boundary of the said 6.00 Acre Tract, at 395.78 Feet,pass a 5/8 Inch Iron Rod Found 0.90 Feet to the Left,being the East corner of the said 1.140 Acre Tract, for the South corner of the said 6.00 Acre Tract,in all 471.41 Feet,to the South corner of the said 1.140 Acre Tract and this Tract; Thence,North 61°17'46"West,with the Southwest boundary of the said 1.140 Acre Tract, 659.84 Feet,to a Cotton Spindle Found,for the West corner of the said 1.140 Acre Tract and this Tract; Thence,North 28°44'30"West,with the Northwest boundary of the said 1.140 Acre Tract, at 59.55 Feet pass a Mag Nail Found, at 75.50 Feet pass a Cotton Spindle Found,being the West corner of the said 6.00 Acre Tract,for the North corner of the said 1.140 Tract,in all 471.41 Feet, to a 518 Inch Iron Rod Found with plastic cap,for the North corner of the said 6.00 Acre Tract and this Tract; TBPELS FIRM NO.10194750 JOCA R WWW.CARRLANDSURVEY.COM LAND SURVEVFNG HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US HWY 281 STE.H#193 CORPUS CHRISTI,TX 79413 MARBLE FALLS,TX 78654 361.24R.1850 a30.321.4569 Thence, South 61°17'46"East,with the Northeast boundary of the said 6.00 Acre Tract, 659.84 Feet,to the Point of Beginning,containing 7.141 Acres(311,057 SgFt)of Land,more or less,of which 0.216 Acres more or less lies within the Right-of-Way of Starry Road,leaving a Net Acreage of 6.925 Acres,more or less. Grid bearings herein are referenced to the Texas Coordinate System of 1983,Texas Central Zone 4203,and are based on the North American Datum of 1983(2011)Epoch 2010.00. Unless the fieldnote description,including preamble,seal and signature,appears in its entirety,in its original form,surveyor assumes no responsibility for its accuracy. Also reference accompanying Zoning Exhibit of Tract described herein. �E OF TF DAMES DAMD C AIR R IYUC1 , <'. 6458 p James D.Carr,RPLS suR��� TX License No.6458 March 15,2024 TBPELS FIRM NO.10194750 JOCA R WWW.CARRLANDSURVEY.COM LAND SURVEYING HEADQUARTERS BRANCH OFFICE 6537 S.STAPLES ST.STE.125#357 701 N.US HWY 281 STE.H#193 CORPUS CHRISTI,TX 79413 MARBLE FALLS,TX 79654 361.248.1850 930.321.4569 °ooUr� aaa2 E~ � Q r c o c2,Mi, � o N o 0) c 3 c < i l 0 � =e1 V 0 4 to N w O _ LLJ a" £~ d a•o �• _ o m v E m w Q c,ly- "a' o O y c o- ) F. LLJO NON C w O O N� no °ao N��o L 0 p1'm p d o oEo o °No cl) Ci V1 N 4 N ar H T C� M N p J r9s! 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(o O 00LLJ p 8F `a Sr s� �rn�my N Oo .oe96 g ge L(a CC' �d Ll7S F �rxM�, U -o v z w a� diS ��n d� Cr7 3 p C m -� o ���y(\ \ LL�I q P� x 7 Co U J o ti O X �a F p .� H z r < W c p 0 i Z F _ ¢ Z ~ v J O Z N F C N � ¢ o � E a) �� N m vam i Z us , ca � c c ZZ 664 O Q a m (B) Existing Zoning and Notice Area Map. r 1 e r 19 2 =a� lg 17 16 CN- 1 15 e 14 4 Is- ,.15 13 12 11 1 3 G—2 r to SUBJE,C.,T 9 PROPERTY A 23 22 2 ,1 FR 8 S 6 I f 7 RS-4. 5 r CASE: ZN8254 Zoning and notice Area S RM-1 Multrfamily 1 IL Light Intl ustrial RM-2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 PUD Planned Unit be,Oyerlay ON Professional OMoe RS-10 Single-Family 10 RM.4T Multifamily AT RS-6 Single-Family S CN-1 Neighborhood Comm erelal RS-0.5 Single-Family,,.E CN-2 Neighborhood Commercial RS-TF Two-Family CR-1 Reson Commercial RS-15 Single-Family 15 CR-2 R-on Commereial RE Reaidemial Estate CG-1 Ganeral Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Comm"'ial RV Recraat'wnal Vehicle Park CBO Downtown Commercial RMH Manufactured Home CRa Resort Commercial /---� FIR Farm Rural / H Historic Overlap SUBJECT BP Business Park PROPERTY 0 Subs P,p-y 9wrwrs weh2ao a ,v O, tawr �:owr rsaae�z0�'a»edra V_ owners Ci[Y Uf ES is HERE _ a an owaa�n�tana A aim C' PLIS LOCATION MAP Christi (C) Returned Notice (s) PUBLIC HEARING NOVICE CITY PLANNING COMMISSION Rezoning Case No. ZN8254 Azali Investments LLC has petitioned the City of Corpus Christi to consider a change of zoning from thr "FR" Farm Rural District to the"RM-2" Multi-Family District resulting in a change to the Future Land Use Map.The property to be rezoned is described as: A property located at or near 7702 Starry Road and described as 7.14 Acres out of Lot 15, Section 34, Flour Bluff Encinal Farm and Garden Tract, located along the east side of Starry Road, south of Yorktown Boulevard,and north of Oso Creek. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be ■ held on Wednesday, June 12 2024 during one of the Planning Commission's regular meetings, which begins at 5.30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this 4 public hearing to eMess your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special • Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta pars ayudarle. Para mas information, favor de Ilamar al Departamento de Servicios de Desarrolic (361) 826- 3240. NOTE., In accordance with the Planning Commission Sy-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal,either at home or office,or in person,by telephone call or by letter. 7 Tex.Admin.Code§211.006(d), Corpus Christi Unified Dev.Code§3.3.4 To be on the record,this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return ddress on this notice or via email to zoningocctexas.com. Property Owner(s)Name: ' f { Address: � Phone Na; ( ) IN FAVOR A IN OPPOSITION WOrN: t ` =, nnerAssigne I f�� arad]aRegistr� <�� Email:Sarad'aR cctexas 574 (} Phonase No:ZN82 4 INFOR Case No:ZN825 1 + Property Owner 4D:13 ox . Zoning Case ZN8254 r 9* Azali Investments LLC a �y F •` District 5 Rezoning for a property at or near w �� , �' �•'� r" 7702 Starry Road *A ��•`.���y«. <,�,� °��„ �.;-. From the "FR" Farm Rural District To the "RM-2" Multi-Family District s f. r i re SUBJECT 6W PROPERTY City 0t Es.HERE 3 + Corpus LOCATION MAP Chrilli ■ City Council July 30, 2024 Zoning and Land Use Proposed Use: To allow for a multi-family use. aet ADP (Area Development Plan): / CN-, Southside, Adopted on March 17, 2020 �/ 09-03-2023 S:='4 FLUM (Future Land Use Map): 10-28-2015 Medium-Density Residential CG-2 su�dEc�r 09-03-2023 f PROP RTy Existing Zoning District: TR" Farm Rural District Adjacent Land Uses: North: Low-Density Residential, Vacant; Zoned: "CN-1", "RS- 4.5 RS-4.5 South: Public/Semi-Public Use, Vacant; Zoned: "FR", "RS-4.5" j' 03-01/82024 N / East: Public/Semi-Public, Vacant,Agricultural; Zoned: CG-2", "RS-4.5" West: Low-Density Residential, Vacant; Zoned: "FR", "RS-4.5" Public Notification 23 Notices mailed inside the 200' buffer 2 Notices mailed outside the 200' buffer a� = 18 17 16 CN-1 15 Notification Area 14 4 5 3 12 Opposed: 1 (1.17%) 11 3 G_z 10 SUBJEC,T Separate Opposed Owners: (1) PR P'RTr X Z In Favor: 0 (0.00%) FR 8 6 6 0 7 R 4.5 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 amendment to the current zoning district is consistent with many elements and goals of the City of Corpus Christi Comprehensive Plan (Plan CC); however, it is inconsistent with the future land use designation of medium-density residential, warranting an amendment to the Future Land Use Map (FLUM). • The property is deemed suitable to be developed per the applicant's request. While the closure of Starry Road will result into a common boundary with single-family residential zoned lots, the UDC ensures compatibility through several means, including the provision of a buffer yard. Right-of-way closures are also typically converted into easements. • The requested zoning amendment is compatible with the present zoning of nearby properties; and is an appropriate land use, especially adjacent to the Oso Creek Corner development underway. • The proposed rezoning will not have a negative impact upon the surrounding neighborhood and properties, if approved. • The City-retained 15-foot utility easement to the lift station (south of the property), wider than the UDC's prescribed buffer yard (10 feet + 6-foot solid fence), will act as a buffer to the single-family uses to the west. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RM-2" MULTI-FAMILY DISTRICT CASE;ZN8254 � S cl �o 0 � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 13, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief Bra ndonW(a-)-cctexas.com (361) 826-3935 Josh Chronley, Assistant Director of Finance & Procurement JoshC2a-cctexas.com (361) 826-3169 Purchase and Installation of Five Rockland Custom Fire Cabinets for the Corpus Christi Fire Department CAPTION: Resolution authorizing the purchase and installation of five new Rockland custom fire cabinets for the Corpus Christi Fire Department's Command Operations Vehicles from C&S Plating and Bumper Recycling, dba C&S Truck and Van Equipment, of Corpus Christi, Texas, in an amount up to $62,375.00, with FY 2024 funding in the amount of$62,375.00 from the Fire Grants Fund. SUMMARY: This resolution will authorize the purchase and installation of five new Rockland custom fire cabinets by C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment. The five new Rockland Custom fire cabinets will be installed in the Corpus Christi Fire Department's Command Operations Vehicles. BACKGROUND AND FINDINGS: As part of an FY 2024 Budget Initiative, CCFD purchased five replacement Ford F-150 Command Operations vehicles. The five replacement Ford F-150 Command Operations vehicles were received in June 2024. The five new Rockland custom fire cabinets will be installed into the five replacement Ford F-150 Command Operations vehicles. Once the Rockland custom fire cabinets are installed into the five replacement Ford F-150 Command Operations vehicles, the vehicles will be assigned to the four Battalion Chiefs that are on shift each day as well as the Assistant Chief of Operations. The purpose of the five new Rockland custom fire cabinets is to provide the on-duty Battalion Chiefs and the Assistant Chief of Operations with the tools and equipment needed to adequately command an emergency scene. The Rockland custom fire cabinets will provide an organized set up for equipment and tools needed during emergencies to help with faster response times. Additionally, the Rockland custom fire cabinets will allow Battalion Chiefs and the Assistant Chief of Operations to safely store contaminated Personal Protective Equipment (PPE) so that they are not exposed to carcinogens as they deliver the PPE to be cleaned after use. The five new Rockland custom fire cabinets will house a parts drawer for equipment such radios, monitors, flashlights, thermal imaging cameras, and other equipment. The fire cabinets will also include a radio panel, Self-Contained Breathing Apparatus (SCBA) brackets, and a Go Power 3000W Modified Sine Wave Inverter that will run the radios and charge the battery-operated tools used on-scene by firefighters. The Rockland custom fire cabinets will meet the National Fire Protection Association's 1851 standard requirements. C&S Truck and Van Equipment is an authorized distributor and installer of Rockland Custom's products. The proprietary equipment and features from Rockland Custom Products will be installed per specifications and authorizations made by the Corpus Christi Fire Department. Once the upfitting kits are received by C&S Truck and Van Equipment, the five F-150 Command Ops vehicles will be delivered to their location in Corpus Christi for the upfitting services to be completed. The timeframe to install the five new Rockland custom fire cabinets into the five command vehicles is estimated to take approximately six weeks. Once the services are completed, the vehicles will be delivered back to CCFD and placed into service. Once the vehicles are placed into service, the vehicles currently used by the on-duty Battalion Chiefs and the Assistant Chief of Operations will be re-assigned for other use as needed by CCFD personnel. This item will use FY 2024 grant funds from the Assistance to Firefighters Grant from the Federal Emergency Management Agency. The granting agency has approved the use of these grant funds for the purchase and installation of the five new Rockland custom fire cabinets as they will provide a stationary incident command post platform for communications, resource tracking, drone feed viewing, and proper storage of emergency equipment. PROCUREMENT DETAIL: This is a sole source procurement of Rockland Custom Products with its authorized distributor, C&S Truck and Van Equipment. The statutory exception for this procurement falls under Local Government Code, Section 252.022. (2) (a) for a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. The proprietary equipment and features from Rockland Custom Products will be installed per specifications and authorizations made by the Corpus Christi Fire Department. ALTERNATIVES: The alternative is not to spend the grant funds and instead try to find available funding within the General Fund. However, this would cause CCFD to lose out on grant funding that would purchase the needed upfitting equipment for these vehicles. FISCAL IMPACT: The fiscal impact for CCFD in FY 2024 is an amount of$62,375.00 from the Fire Grants Fund. The grant funds being used from this item come from the Assistance to Firefighters Grant Program. This item will use FY 2024 grant funds from the Assistance to Firefighters Grant from the Federal Emergency Management Agency. The granting agency has approved the use of these grant funds for the purchase and installation of the five new Rockland custom fire cabinets as they will provide a stationary incident command post platform for communications, resource tracking, drone feed viewing, and proper storage of emergency equipment. FUNDING DETAIL: Fund: 1062 Fire Grants Fund Organization/Activity: 821270F Assistance to Firefighters Grant Department#: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $62,375.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing the purchase and installation of five additional Rockland custom fire cabinets for the Corpus Christi Fire Department, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Service Agreement Resolution authorizing a two-month service agreement with C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment, of Corpus Christi for $62,375.00 to purchase and install five custom Rockland fire cabinets and camper shells in the Corpus Christi Fire Department's command ops vehicles, with FY 2024 funding of$62,375.00 from the Fire Grants Fund. WHEREAS, C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment of Corpus Christi, will provide and install custom fire cabinets and camper shells in command ops vehicles used by the Corpus Christi Fire Department (CCFD), such cabinets and shells being deemed necessary in sustaining the reliability and dependability of services provided by CCFD; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement 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 and protect the public health or safety of the residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents 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 his designee, is authorized to execute a service agreement with C&S Plating and Bumper Recycling, Inc., dba C&S Truck and Van Equipment, for $62,375.00 to purchase and install five custom Rockland fire cabinets and camper shells in the CCFD's command ops vehicles, with FY 2024 funding of $62,375.00 from the Fire Grants Fund. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F ,bus cr 0 04 �, SERVICE AGREEMENT NO. 158953 EPurchase and Install of five custom camper shells and fire U cabinets NO RPON Af 1852 THIS Purchase and Install of five custom camper shells and fire cabinets Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and C&S Plating and Bumper Recycling, Inc. dba C&S Truck and Van Equipment ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Purchase and Install of Five custom camper shells and fire cabinets in response to Request for Bid/Proposal No. 158953 ("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 Purchase and Install of five custom camper shells and fire cabinets ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is two months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F 3. Compensation and Payment. This Agreement is for an amount not to exceed $62,375.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tracey Escalante Department: Fire Department Phone: 361-826-3994 Email: TraceyECcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tracey Escalante Title: Contract Funds Administrator Address: 2406 Leopard St., Suite 300, Lepard St., Corpus Christi, Texas 78417 Phone: 361-826-3994 Fax: N/A IF TO CONTRACTOR: C&S Plating and Bumper Recycling, Inc. dba C&S Truck and Van Equipment Attn: Clifford J. Dehnert Title: General Manager Address: 2022 Saratoga Blvd., Corpus Christi, Texas 78417 Phone: 361-854-0630 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments, C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97F04D2B3F 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F CONTRACTOR DocuSigned�(by�: Signature: �� E E... Clifford Printed Name: Title: GENERAL MANAGER Date: 7/18/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 158953 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97F04D2B3F o �� ATTACHMENT A: SCOPE OF WORK MOPeoA 3852f 1.1 General Requirements/Background Information The Contractor shall provide and install five - Rockland custom fire cabinets for the Fire Department of the City of Corpus Christi. 1.2 Scope of Work A. The Contractor shall perform installations on (5): Ford F-150 SuperCrew 1/2 Ton trucks: 1 . Truck Bed - Standard 67.0" 2. `Custom Fire Cabinets - SCBA Command: a. 3 rail slide outs b. 2000# capacity c. 100% extension B. The City shall deliver the five Ford F-150 super crew pick-up trucks be fitted with fire cabinets to the Contractors place of business where installation will take place. C. The Contractor will coordinate with CCFD point of contact for all information related to installation and delivery of trucks to be fitted with equipment. 1 . The City will be notified when vehicles are ready for City staff to pick up trucks when completed. 2. Contact: Brian Moody - 361-826-3924 or BrianM2@cctexas.com Contracts/Funds Administrator contact: Tracy Escalante - 361-826-3995 or TraceyECcctexas.com Page 1 of 1 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F`v, ..SENT B - PRICE Address: Remit Payment to: Quote 2022 Saratoga Blvd. C&S Plating and Bumper Corpus Christi,TX 781417 2022 Saratoga Blvd X r- Phone:(361)854 0630 Corpus Christi.TX 78417 TRACK — +—� Sales cands Latin .eom Phone:(361)854-0630 ACCESSORIES BUMPERS BE NERS OFFR04D L1GNmNG @ p g Alma@candsplating.com II a 0 www.candstruckandvan.com Q28740 7/17/2024 lNet 30 Contact 1: Brian Moody REP :Clifford J. City of Corpus Christi Phone 1:(361)826-3924 Dehnert City of Corpus Christi Email 1:brianm2@cctexas.com Apt Start: VENDOR NUMBER:38977 Accounts Payable Division-4th FI. Contact 2:City of Corpus Christi :TRACEY E P.O. Box 9277 Phone 2: Apt Finish: Corpus Christi,TX 78469 Email 2:traceye@cctexas.com Make : Ford VIN : STK#: Model: F-150 Odometer: Year:2024 Attributes:CREW CAB RO#: Color: 5.8 BED CCFD PO#: �__7 I - uantity eCost WPSFC-F15024- ROCKLAND CUSTOM FIRE CABINET 5 11,000.00 55,000.00 B-4762-X-WO160 -3 RAIL SLIDE OUT, 100% EXTENSION, 2000# 8 CAPACITY GPW80178REVA GO POWER 3000W MODIFIED SINE WAVE INVERTER 5 650.00 3,250.00 (INSTALL KIT FOR UNDER REAR SEAT IS SHOP SUPPLIES FOR$530, USES 4/0 CABLE,400 AMP BUS BAR, 6X COPPER LUG 4/0, INCLUDES 2 SPARE FUSES,STRAIN 2XRELEIF PASS THRU) SHOP SUPPLIES 40X 1/0 COPPER CABLE RUNNING 5 275.00 1,375.00 COPPERLUGS GANG BOX OUTLET ON SLIDE I INS-INVERTER INSTALL INVERTER UNDER REAR SEAT AND RUN 5 250.00 1,250.00 GANG BOX TO SLIDE OUT INS-Equipment INSTALL SLIDE OUT IN REAR OF BED UNDER 5 300.00 1,500.00 CAMPER -.. I. AN 62,375.00 62,375,000.00 ' . 62,375.00 Q28740 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97F04D2B3F ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $250,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury GARAGE KEEPERS PHYSICAL DAMAGE $350,000 COVERAGE including: Actual Cash Value of Vehicles While in Physical Damage on a Direct Primary Care, Custody or Control Basis C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. Page 1 of 3 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97F04D2B3F B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City, and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97F04D2B3F G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for this Agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-D Contracts for General Services - Services Performed Offsite 01/01 /2023 Risk Management - Legal Dept. Page 3 of 3 Docusign Envelope ID:6B663690-8987-4F2F-AE54-OB97FO4D2B3F ATTACHMENT D: WARRANTY REQUIREMENTS Installation: Standard industry warranty shall be included. Cabinets: THREE (3) YEAR UNLIMITED WARRANTY Products manufactured by Rockland Custom Products (RCP) are warranted to be free of defects in materials and workmanship for the original purchaser for a period of Three (3) years from date of purchase. RCP will replace or repair (at its option) any part or component covered by the warranty during that period. For all other products and components supplied and/or distributed by RCP, RCP will pass through all applicable warranties directly to Customer whenever the manufacturer of such components permits. RCP provides no direct Warranty with respect to components. This warranty excludes damage due to accidents, misuse, alterations, improper installation, or lack of proper care and maintenance. All repairs shall be performed at RCP or any authorized RCP Representative or Authorized Distributor (with RCP approval). RCP does not authorize any person to create on its behalf, any obligation with respect to the RCP warranty. Page 1 of 1 City of Corpus Christi Rockland Custom Fire Cabinets for CCFD Contracts and Procurement C&S Truck and Van Equipment of Corpus Christi Sr. Buyer: Marco Lozano Item DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST ROCKLAND CUSTOM FIRE CABINET 1 -3 RAIL SLIDE OUT, 100% EXTENSION, 2000# EA 5 $ 11,000.00 $ 55,000.00 CAPACITY 2 GO POWER 3000W MODIFIED SINE WAVE EA 5 $ 650.00 $ 3,250.00 INVERTER (INSTALL KIT FOR UNDER REAR SEAT IS SHOP SUPPLIES FOR $530, USES 4/0 CABLE,400 3 AMP BUS BAR, 6X COPPER LUG 4/0, EA 5 $ 275.00 $ 1 ,375.00 INCLUDES 2 SPARE FUSES.STRAIN 2XRELEIF PASS THRU) GANG BOX OUTLET ON SLIDE 4 INSTALL INVERTER UNDER REAR SEAT AND EA 5 $ 250.00 $ 1 ,250.00 RUN GANG BOX TO SLIDE OUT 5 INSTALL SLIDE OUT IN REAR OF BED UNDER EA 5 $ 300.00 $ 1 ,500.00 CAMPER TOTAL $ 62,375.00 160MANDI CUSTnM PRC7DUCTS May 22,2024 C&S Truck Equipment 2022 Saratoga Blvd Corpus Christi,TX 78417 Re: Authorized Distributor To Whom it May Concern, This letter certifies that C&S Truck Equipment is an Authorized Distributor of Rockland Custom Products. Rockland Custom Products is the sole provider/manufacturer of Rockland Custom Fire Cabinets as per the specs and requirements provided by the City of Corpus Christi,TX,Fire Department. Rockland Custom Products are manufactured exclusively in our Marion, SC facility and are made from the highest quality and most durable materials available. Please let us know if any additional information is required. Thank you, M. Ingerman DO mingerman@mobilefleet.com ROCKLAND CUSTOM PRODUCTS PO BOX 70958,MYRTLE BEACH,SC 29572 2215 WISE CHAPEL CT,MARION,SC 29571 631-391-6007/855-808-2597 ROCKLANDCUSTOMPRODUCTS.COM Cl)m )/» mGo n ` � § \% m § ) y AA« m @ . aqm . z ` k ^ / /§§ 9 . c c« / f M/7 , S ] \ - : b , oe= rr \ 2 i§\ c \ km r.jq % q \ ) j m0 � i § R2$ / om � 0 k\§ / 2 ° 2 ) {@ b 7 / k ! @ � � _ . ( / _ I 2 \ ) m | o k m � 'o \ T o � ) . \ q � O . \ - 7 -4 \f 0 N » � k\ O rn 00 m �/r - �O _ - ��\ §\ � � \ o \\G - - � � \\4 _ $ / .mor- _ .$fO. {\ , \ ((k\( a>§ /�\ r )90O»e ;§§m myg 2;;;E; \p$ 2m/ `zr // � Dr ;u 7 § 6® .Gm omn _ , CD % 9 \/ $\ \ Q /¢§ �®° ^ ( / \$ < ! § | )k§( 2 �\ w $ r 4 �Y FIRE 1 Ei1+15 PRODUCTS 'CUSTOM � S cl �o 0 � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 13, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief Bra ndonW(a-)-cctexas.com (361) 826-3935 Josh Chronley, Assistant Director of Finance & Procurement JoshC2a-cctexas.com (361) 826-3169 Purchase of Taylor'd Prop Series 12 training container for the Corpus Christi Fire Department CAPTION: Resolution authorizing the purchase of one new re-purposed shipping container extensively modified to be used as a firefighter training device for the Corpus Christi Fire Department from Taylor'd Systems, of Spokane Valley, Washington, in the amount of$76,275.00, with FY 2024 funding from the General Fund. SUMMARY: This resolution authorizes the purchase of one new re-purposed shipping container used as props for firefighter training from Taylor'd Systems in the amount of $76,275.00 for the Corpus Christi Fire Department. BACKGROUND AND FINDINGS: The re-purposed shipping container is a modular, multifunctional repurposed shipping container made of steel that is designed for use by fire departments to train firefighters for real-life situations. The re- purposed shipping container is pre-designed and engineered to allow for immediate on-site firefighting training for multiple scenarios. The container comes pre-assembled and will be delivered on-site by Taylor'd Systems. The re-purposed shipping container includes the following firefighting training apparatuses: forcible entry of doors, ground level rebar cutting, second story ladder work and high point rescue, roof hatch ingress/egress, confined spaces, hose management, garage door simulation, wall breaching, and several other exercises. Importantly, the re-purposed shipping container is portable and can be moved to different stations and territories so that firefighting units can conduct training on-site. CCFD currently utilizes a similar training system located at Del Mar College's training facility. This requires CCFD's firefighting units to go out of service to travel outside of their designated territories to conduct the training. This results in a reduced amount of time on the training ground, wear and tear on CCFD's fleet, and it negatively impacts available fire coverage for Corpus Christi residents. Additionally, the Del Mar training facility is shared by Del Mar College's Regional Fire Academy, Del Mar's Corporate Training Program, and CCFD's Fire Cadet Academy. As a result, CCFD has to reserve the training facility in order to conduct this training. The re-purposed shipping container will give CCFD an additional container training prop at the Del Mar Training Facility but will also give CCFD the ability to train its firefighters and cadets on-site throughout the year since the unit can be delivered to any fire station or other location. Furthermore, the re-purposed shipping container from Taylor'd Systems uses universal training parts which will allow CCFD to continually change and improve its firefighting training. The availability of on-site training and features offered from Taylor'd Systems' re-purposed shipping container will provide CCFD firefighters with better preparedness to help reduce the number of injuries and deaths of firefighters and civilians during firefighting activities. The training features available from Taylor'd Systems' re-purposed shipping container will also help firefighters train to reduce property damage that can occur during firefighting activities. PROCUREMENT DETAIL: This is a sole source procurement from Taylor'd Systems for their re-purposed shipping container. The Taylor'd Systems re-purposed shipping container is proprietary equipment and therefore a sole source purchase as it is manufactured, sold, and distributed exclusively by Taylor'd Systems. No other company makes a similar product, and there are no other agents or dealers authorized to represent this product. The Taylor'd Systems re-purposed shipping container is a one-of-a-kind training device that allows fire stations to have compact and mobile training device on-site. Additionally, competition is precluded by the existence of a pending patent. The statutory exemption for this purchase falls under Local Government Code, Section 252.022. (2) (a) for a procurement necessary to preserve or protect the public health or safety of the municipality's residents; and Local Government Code 252.022. (7) (A), as this purchase is available from only one source due to special processes or patents. The proprietary equipment and features from Taylor'd Systems, LLC. will be installed per specifications and authorizations by the Corpus Christi Fire Department. ALTERNATIVES: The alternative is not to approve the purchase of the re-purposed shipping container for the Corpus Christi Fire Department Training Division and to continue conducting this training through Del Mar College's Training Facility. FISCAL IMPACT: The fiscal impact for CCFD in FY 2024 is $76,275.00, which will be paid through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12030 Training Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $76,275.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing purchase of one new re-purposed shipping container for CCFD with Taylor'd Systems, LLC., as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of a Prop Series 12 pre-designed and engineered shipping container from Taylor'd Systems, LLC, of Spokane Valley, Washington, for $76,275.00 to be used for training purposes by the Corpus Christi Fire Department, with FY 2024 funding of$76,275.00 from the General Fund. WHEREAS, Taylor'd Systems, LLC, will provide a pre-designed and engineered shipping container, for use by the Corpus Christi Fire Department (CCFD) as a training device, such container being deemed necessary in sustaining the reliability and dependability of services provided by CCFD; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement 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 and protect the public health or safety of the residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to special processes or patents 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 his designee, is authorized to purchase a container from Taylor'd Systems, LLC, for$76,275.00 for use by CCFD as a training device, with FY 2024 funding from the General Fund. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary City of Corpus Christi Taylor'd Prop training device for CCFD Contracts and Procurement Taylor'd Systems, LLC, Spokane Valley, Washington Sr. Buyer: Marco Lozano Sole Source Item DESCRIPTION UNIT QTY UNIT PRICE TOTAL COST 1 Taylor'd Prop—Series 12 EA 1 $57,800.00 $57,800.00 2 12' wide roof set upgrade from 8' EA 1 $975.00 $975.00 3 Staircase with 90 degree turn that interchanges with roof prop JEA 1 1 $13,500.00 $13,500.00 4 1 Delivery JEA 1 1 $4,000.00 $4,000.00 TOTAL $76,275.00 March 8, 2024 To Whom It May Concern: This letter is to confirm that the Taylor'd Prop is a sole source product, manufactured, sold and distributed exclusively by Taylor'd Systems LLC. No other company makes a similar product. This product must be purchased directly by institutions from Taylor'd Systems LLC at the address listed below. There are no agents or dealers authorized to represent this product. There is no other product available for purchase that would serve the same purpose as a compact all-in- one training prop. It is a one-of-a-kind training device that allows fire stations to have compact and mobile training device onsite with a total footprint of 12' x 8'x 816". Additionally, competition is precluded by the existence of a pending patent. Taylor'd Systems is the sole source producer of the Taylor'd Prop. If you require additional information, don't hesitate to contact us at 509-919-2527 at any time or visit our website at www.taVlord.com.Thank you for your interest in our product. Taylor Rowan -Owner taylor@taylord.com Office: (509) 919-2527 Mailing: Sales@Taylord.com Taylor'd Systems, LLC 12802 E Indiana Avenue 509.919.2527 DBA Taylor'd Containers Spokane Valley, WA 99216 WA Contractors#TAYLOSL795CS ID Contactors#058453-CC-4 '` S _ � y ,� -� � 1 -1: �� —�._ ._ � � o, , .� _ � r � � i � _ .� �, �:a-� � �� � � �� � .�� .� - . -�. 1 a '" L_ �■ �� .y .. - - .�% - ...-.�■� ,.��_ ';, - ` a :r t �, � �� "�� � ., l r 1 r 'r �tlp '_-i�°� I YID veL-.•J � �1 ���- i _. r a _ SC 0 0 � U NCOBPOHP1 E0 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of August 13, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E, Director of Water Systems and Support Services NickW(a)cctexas.com (361) 826-1796 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Supply Agreement for Hydrofluorosilicic Acid to Fluoridate Water CAPTION: Motion authorizing execution of a one-year supply agreement, with a one-year option, with Pencco, Inc., of San Felipe, Texas, in an amount not to exceed $251 ,100.00, with a potential up to $502,200.00 if the option is exercised, for hydrofluorosilicic acid for fluoride treatment in the water system by Corpus Christi Water, with FY 2024 funding of $41,833.33 from the Water Fund. SUMMARY Water fluoridation is the controlled adjustment of fluoride to a public water supply for dental health. Hydrofluorosilicic acid is the most common additive for water fluoridation in the United States. The Centers for Disease Control and Prevention, World Health Organization, U.S. Public Health Service, American Medical Association, American Dental Association, Corpus Christi-Nueces County Local Health Authority, and local dentists and pediatricians recommend the addition of fluoride to drinking water. BACKGROUND AND FINDINGS: Hydrofluorosilicic acid is added in the treatment of potable (drinking) water through a controlled liquid feed system to reduce the incidence of dental cavities and tooth decay. The City of Corpus Christi has been adding fluoride since 1950. Fluoride is naturally present in the City's raw water sources from Lake Corpus Christi, Choke Canyon Reservoir, Lake Texana, and Colorado River. The naturally occurring fluoride level in the Corpus Christi Water system due to its water sources averages 0.2 mg/I. The targeted concentration for Fluoride in a public drinking water system is 0.7 mg/I. The Environmental Protection Agency (EPA) has set levels of fluoride in a drinking water system with a maximum contaminant level of 4.0 mg/I and a secondary contaminant level of 1.4 mg/I. Public water systems are required to meet these standards by ensuring fluoride levels are less than these requirements. PROCUREMENT DETAIL: Finance & Procurement has conducted a Request for Bid process to obtain competitive submissions from suppliers. The City received three responsive, responsible bids and one non-responsive bid. Staff recommends awarding the contract to Pencco, Inc., as they are the lowest responsive and responsible bidder. Pencco, Inc. has also previously held the contract for hydrofluorosilicic acid. The table below depicts the current contract pricing with Univar Solutions, Inc., as compared to the proposed new contract with Pencco, Inc. Hydrofluorosilicic Acid 2023 Pricing 2024 Pricing Variance Variance Univar Solutions, Inc. Pencco, Inc. Decrease % $600.00 per wet ton $558.00 per wet ton ($42.00) per wet ton (7%) If the option years are exercised, the pricing will remain consistent with the established bid and contractual amount. ALTERNATIVES: An alternative to accepting the lowest, responsive, responsible bidder, Pencco, Inc., would be to reject all bids and discontinue the practice of adding hydrofluorosilicic acid to the water supply. FISCAL IMPACT: The fiscal impact for the Water Fund in FY 2024 is $251,100.00. FUNDING DETAIL: Fund: 4010 Water Organization/Activity: 31010 O. N. Stevens Filter Plant Department: 45 Water Project # (CIP Only): N/A Account: 520010 Purification Chemicals RECOMMENDATION: Staff recommends that this motion authorizing a one-year supply agreement with a one-year option with Pencco, Inc., as presented, be approved. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Supply Agreement bUs c.� G� A SUPPLY AGREEMENT NO. 5822 U Hydrofluorosilicic Acid for Water Treatment yCaeaoRp 1852 THIS Hydrofluorosilicic Acid for Water Treatment Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Pencco, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Hydrofluorosilicic Acid for Water Treatment in response to Request for Bid No. 5822 ("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 Hydrofluorosilicic Acid for Water Treatment in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to 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 $251 ,100.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form Page 1 of 7 Approved as to Legal Form October 29, 2021 for goods delivered and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Diana Zertuche-Garza Department: Corpus Christi Water Phone: (361 ) 826-1627 Email: DianaZ@cctexas.com 5. Insurance. Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form Page 2 of 7 Approved as to Legal Form October 29, 2021 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form Page 3 of 7 Approved as to Legal Form October 29, 2021 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Diana Zertuche-Garza Title: Contracts/Funds Administrator Address: 13101 Leopard Street, Corpus Christi, Texas 78410 Phone: (361) 826-1627 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Pencco, Inc. Attn: Sarah Duffy Title: Bid Director Address: P.O. Box 600 San Felipe, Texas 77473 Phone: (979) 885-0005 Fax: (979) 885-3208 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES') FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form Page 5 of 7 Approved as to Legal Form October 29, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Supply Agreement Standard Form Page 6 of 7 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: :5a4-ea Lzc� Printed Name: Sarah Duffy Title: Bid Director Date. 6/21/2024 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. 5822 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1 General Requirements/Background Information The Contractor shall provide hydrofluorosilicic acid as outlined in this Scope of Work. Hydrofluorosilicic acid is used in the treatment of potable drinking water to reduce the incidence of dental tooth decay. Hydrofluorosilicic acid is fed by means of a liquid feeding system. Commercial strength hydrofluorosilicic acid has a typical strength of 25 percent acid content. This item will be purchased in wet tons. 1.2 Scope of Work The Contractor shall supply hydrofluorosilicic acid as specified: 1. Hydrofluorosilicic Acid shall contain between 20 and 25 percent hydrofluorosilicic acid by weight. 2. The Contractor shall comply with the American National Standards Institute/American Water Works Association Standard for Hydrofluorosilicic Acid, ANSI/AWWA B703-19. 3. The Contractor shall comply with the American National Standards Institute/National Sanitation Foundation Institute Standard for Drinking Water Treatment Chemicals - Health Effects, ANSI/NSF 60. 4. The Contractor shall provide proof that they are complying with ANSI/NSF 60 standards by supplying a list from NSF Products listing the website for their manufacturer. The agency must be recognized by the Texas Commission on Environmental Quality. 1.3 Deliver,C and Weighing Requirements 1. Each shipment shall be in approximately 4,000-gallon tank truck lots.Tank trucks shall be of appropriate design to handle this material safely and the shipping thereof shall meet all applicable U.S. Department of Transportation and State of Texas regulations. This statement shall be on each truck load lot paperwork, "Notice: This material meets the requirements of AWWA B703-19 Standard for Hydrofluorosilicic Acid". 2. Each chemical shipment must be weighed by local certified weighers before delivery to and after unloading at the O.N. Stevens Water Treatment Plant. The truck driver must promptly deliver chemical shipment weight "ticket" or legible copies to the City of Corpus Christi, Contract Administrator, 13101 Leopard St., Corpus Christi, Texas 78469-9277. Revised 11.30.20 3. Deliveries will be made Monday through Friday, 8 A. M. to 5 P. M. only, unless an emergency arises, then the Contract Administrator may approve after hour deliveries. 4. An affidavit of compliance, by the manufacturer, stating that at the time of loading, the Hydrofluorosilicic Acid, furnished, complies with all applicable requirements of ANSI/AWWA B703-19 and a Certified Analysis of each load shall be provided to the City of Corpus Christi, Plant Supervisor, 13101 Leopard St., Corpus Christi, Texas 78410. This analysis shall include, but is not limited to, 1) hydrofluorosilicic acid content, 2) free acid content, other than hydrofluorosilicic acid, 3) specific gravity, and 4) heavy metals. 1.4 OSHA and Training 1 . The Contractor must comply with all requirements and standards of the Occupational Safety and Health Act. All appropriate marking shall be in place before delivery. Items not meeting OSHA specifications will be refused. 2. The Contractor shall provide training to City employees in the safe handling, storage, and use of the material on a semiannual basis at the convenience of the City. This training shall include a presentation of sufficient length to visually portray the proper procedures of handling, storage, and use. Also, all information contained on the Safety Data Sheets shall be thoroughly covered. 1.5 Contractor (Quality Control and Superintendence The Contractorshall 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. 1.6 Ownership City's ownership of the Hydrofluorosilicic Acid shall begin, and Contractor's ownership shall cease, upon the unloading of the chemical at the O.N. Stevens Water Treatment Plant. 1.7 Bil. ling The Contractor must base billing and pay quantity for each chemical shipment on "local" certified weight tickets for delivery of Hydrofluorosilicic Acid. Revised 11.30.20 1.8 Invoicing A. The Contractor shall submit an itemized invoice for payment, which shall include the following: 1. Service Agreement No. and/or PO No. 2. Name and Address of the service location 3. Description of service work or product 4. List itemized parts or products if needed Revised 11.30.20 Attachment B - Bid Pricing Schedule G°.�u � CITY OF CORPUS CHRISTI ° IA CONTRACTS AND PROCUREMENT BID FORM h 0 POK 1852 RFB No. 5822 Hydrofluorosilicic Acid PAGE 1 OF 1 Date: 5121/24 Authorized Bidder: Pencco, Inc. Signature: arah Duffy, BVd Dir c oVJ 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit I- Yr. Unit Price Total Price Q 1. Hydrofluorosilicic Acid Wet Tons 450 $558.00/ton $251,100.00 1 Year Total $251,100.00 Attachment C - Insurance Requirements CONTRACTOR'S LIABILITY INSURANCE 1 . Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. 2. Contractor must furnish to the City's Risk Manager and Contract Administrator one (1 ) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on GL, AL and WC if applicable. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability $1 ,000,000 Per Occurrence including: $1,000,000 Aggregate 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTOMOBILE LIABILITY (including) $1,000,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory and complies with Part II of (All States Endorsement if Company is this Exhibit. not domiciled in Texas) Employer's Liability $500,000 / $500,000 / $500,000 POLLUTION LIABILITY $1,000,000 Per Occurrence Revised 1 1.30.20 3. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. Additional Requirements - 1 . Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. 2. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. 3. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 4. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; Revised 1 1.30.20 ■ 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 ten calendar days advance written notice for nonpayment of premium. 5. Within five calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. 6. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 8. It is agreed that Contractor's insurance shall be deemed primary and non- contributory with respect to any insurance or self-insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Ins. Req. Exhibit 1 -B Purchase Contracts - Supply Agreements - Equipment Leases Hazardous Chemicals Delivered to City 01/01 /2023 Risk Management - Legal Dept Revised 1 1.30.20 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." City of Corpus Christi Bid Tabulation Finance&Procurement RFB#5822 Senior Buyer:Cynthia Perez Hydrofluorosilicic Acid Bid Opening 5/29/2024 Pencco,Inc. Univar Solutions USA Inc. *Archie Supply LLC. **Tarazi LLC San Felipe,TX Kent,WA Greensboro,NC Hilliard,OH ITEM Description Unit QTY Unit Price Total Price Unit Price Total Price Unit Price Unit Price Total Price 1 Hydrofluorosilicic Acid Wet 450 $ 558.00 $ 251,100.00 $ 590.00 $ 265,500.00 $ 938.50 �'�,�'� $ - Tons Total $ 251,100.00 $ 265,500.00 Non-Responsive $422,325.00 * math error correct price 450 x 938.50=$422,325.00 ** changed bid form unit of measure 0 0 o AGENDA MEMORANDUM MoaPo�p,Eo Action Item for the City Council Meeting August 13, 2024 1852 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E, Director of Water Systems and Support Services NickW(o)cctexas.com (361) 826-1796 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Hardware, Accessories and Licenses for Dual-Facing Dash Cameras and Vehicle Gateway Systems for Corpus Christi Water CAPTION: Motion authorizing execution of a 36-month agreement with Samsara Inc., of San Francisco, California, through the Sourcewell Cooperative, for the purchase of licenses, hardware, and accessories for dual-facing dash camera safety system for Corpus Christi Water vehicles in the amount of $591 ,067.00, with FY 2024 funding of $196,524.00 from the Wastewater and Water Funds. SUMMARY: This motion authorizes a 36-month service agreement for the purchase of licenses, hardware, and accessories for dual-facing dash camera safety and asset tracking system for the vehicles operated by Corpus Christi Water (CCW). This system will provide real-time visibility into the safety and operational practices of the drivers and equipment. This data will assist in documenting unsafe driving behavior and will help CCW staff correct and potentially stop preventable vehicle accidents. BACKGROUND AND FINDINGS: CCW has approximately 600 motor vehicular assets in the fleet, including both light equipment and heavy equipment. The type of equipment ranges from service trucks to vactor trucks and tractors. Of the approximately 600 assets, 318 are commonly utilized for roadway transportation. These 318 units will be equipped with video-based safety systems to monitor driver patterns and potential safety risks. The program provides both safety and operational benefits that would include a reduction in vehicle incidents, increase in productivity, decrease in vehicle maintenance costs, and improved proactive vehicle maintenance. The video-based safety system and equipment monitoring will provide real-time visibility into the operation of CCW's vehicular fleet. The system will detect driver risk, empower drivers to build safe habits, coach drivers with custom training, and limit risk and exposure. In addition to the video-based safety system, the platform includes vehicle telematics, equipment operation, and maintenance monitoring. Vehicle telematics will optimize fleet operations, assist with maintenance scheduling, and the use of vehicular assets. Supervisors are notified by the Samsara system when specific events are observed. This system allows supervisors to address the behavior in a timely manner. The data collected indicated that observable risk factors were reduced more quickly when vehicle operators receive prompt coaching from their supervisors. Additionally, this video-based system will identify concerning driving practices, decrease preventable/at-fault accidents, protect and exonerate the driver and department when not at fault, and allow supervise to provide more individualized training for employees. A pilot program was conducted at CCW from January 2024 to April 2024 in which 12 vehicles were equipped with the video-based safety system. The units in the pilot were identified and selected to provide a full representation of vehicle types and uses within CCW. The users of this equipment in the pilot test included first responders, water quality teams, and meter maintenance teams. All operators were informed of the equipment installed in their assigned department vehicle. During the pilot program a total of 27,803 miles were driven with a total time of 1 ,237 hours logged. Harsh driving events such as sudden turning, braking, and accelerating rates decreased by 68% during the pilot. Additionally, collision risks primarily characterized by following distance decreased by 91%. Distracted driving also decreased by a percentage of 32%. Many Texas Municipalities also utilize the Samsara system to improve their operations. Some of the entities and their number of units installed are listed in the table below. Entity Number of Units City of Corpus Christi — Solid Waste Department 120 Port of Corpus Christi 140 San Antonio — Solid Waste Department 550 City of Austin — Resource Recovery 250 City of Grand Prairie 1,200 City of Arlington 500 City of Garland 140 City of Lewisville 250 City of Frisco 400 City of Abilene 550 City of El Paso 800 El Paso Water 250 CCW has reached out to a number of these entities (City of El Paso, El Paso Water, the Port of Corpus Christi, City of Corpus Christi — Solid Waste Department, etc.) and they are all pleased with the results and the addition of this system to their operations. CCW currently utilizes GPS (global positioning system) equipment in 297 vehicles. This system allows supervisors to track and monitor vehicle location only. It does not have the capability to provide information and resources to correct poor driver habits or assist with maintenance monitoring/tracking. PROCUREMENT DETAIL: This procurement is through the Sourcewell Cooperative. Contracts awarded through the cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. Finance & Procurement researched other cooperative contracts and service offerings to find the most cost-effective option for the City. Competitive cost comparisons with other distributors for the same units show Sourcewell gives the City a savings of 6.4% for the purchase of these items for the dashcam systems. Item Sourcewell -Samsara Inc. Omnia-Carahsoft Licenses for Dual Facing $591 ,067.00 $628,702.30 Cameras and Vehicle Gateways for 36 months ALTERNATIVES: An alternative to establishing this service agreement would be not to enter into an agreement. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 24 is $196,524.00 from the Wastewater and Water Funds. Funding Detail: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $2,848.00 Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $3,987.00 Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $1 ,709.00 Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $2,848.00 Fund: 4200 Wastewater Organization/Activity: 33140 Laguna Madre Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $2,848.00 Fund: 4200 Wastewater Organization/Activity: 33150 Whitecap Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $3,987.00 Fund: 4200 Wastewater Organization/Activity: 33170 WWTP Vactor Maintenance Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $2,279.00 Fund: 4200 Wastewater Organization/Activity: 33210 Lift Station Operation & Maint Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $17,089.00 Fund: 4200 Wastewater Organization/Activity: 33300 Wastewater Pretreatment Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $6,266.00 Fund: 4200 Wastewater Organization/Activity: 33400 Wastewater Collections System Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $28,482.00 Fund: 4200 Wastewater Organization/Activity: 33600 WW Collections Ops & Maintenance Department: 46 Wastewater Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $19,937.00 Fund: 4010 Water Organization/Activity: 30000 Water administration Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $1,139.00 Fund: 4010 Water Organization/Activity: 30001 Utility Planning Group Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $1,139.00 Fund: 4010 Water Organization/Activity: 30005 Utility Administration Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $570.00 Fund: 4010 Water Organization/Activity: 30200 Wesley Seale Dam Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $4,557.00 Fund: 4010 Water Organization/Activity: 30210 Choke Canyon Dam Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $3,418.00 Fund: 4010 Water Organization/Activity: 30250 Lake Texana Pipeline Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $2,848.00 Fund: 4010 Water Organization/Activity: 31010 Stevens Filter Plant Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $18,228.00 Fund: 4010 Water Organization/Activity: 31501 Water Quality Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $7,975.00 Fund: 4010 Water Organization/Activity: 31510 Maintenance of water meters Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $23,925.00 Fund: 4010 Water Organization/Activity: 31515 Backflow prevention Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $1 ,139.00 Fund: 4010 Water Organization/Activity: 31520 Treated Water Delivery System Department: 45 Water Project # (CIP Only): N/A Account: 520090 Minor tools & equipment Amount: $39,305.00 RECOMMENDATION: Staff recommend approval of this motion with Samsara Inc., as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet City of Corpus Christi Price Sheet Finance & Procurement Samsara Inc. Agreement for CCW Senior Buyer: Cynthia Perez 6/13/2024 Samsara, Inc. San Francisco, CA ITEM DESCRIPTION Qty. Unit Unit Price Total 1 First Year 318 EACH $420.00 $133,560.00 Purchase of hardware, accessories and licenses for dual facing cameras 2 License for Vehicle Gateways 1 3181 EACH 1 $198.00 1 $62,964.00 3 IShipping and Handling 11 Each $1,495.00 $1,495.00 Subtotal $198,019.00 Recurring Cost year 2 4 Hardware, accessories, licenses 318 Each $420.00 $133,560.00 5 Vehicle gateways, licenses 318 Each $198.00 $62,964.00 Subtotal $196,524.00 Recurring Cost year 3 6 Hardware, accessories, licenses 318 Each $420.00 $133,560.00 7 Vehicle gateways licenses 318 Each $198.00 $62,964.00 Subtotal $196,524.00 TOTAL $591,067.00 bUs c.� G� A CO-OPERATIVE PURCHASE AGREEMENT NO. 5935 U Dashboard Camera Systems for CCW yCaeaoRp�� 1852 THIS Dashboard Camera Systems Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Samsara, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide hardware, accessories and software licenses for Dashboard Camera Systems for Corpus Christi Water in accordance with its agreement with Sourcewell Contract #020221-SAM (the "Co-operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide hardware, accessories and software licenses for Dashboard Camera Systems 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. 3. Term. (A) The term of this Agreement is 36 months beginning on the date provided in the Notice to Proceed provided by the Procurement Division or the Contract Administrator. (B) Following the initial three-year term, the parties may mutually agree to auto- renew this Agreement for continuing one-year periods provided: (i) the Cooperative Agreement either continues in full force and effect or, alternately, has been replaced by a successor co-op agreement with Contractor providing the same software licenses and such replacement co-op agreement is valid on the beginning date of each new one-year term; (ii) the same software product continues in active use by the City and has not been replaced by a different product; (iii) the pricing for each new one-year term conforms to the language in section 4 of this Agreement; (iv) sufficient current funding has been appropriated by the City to provide for the continuation of a one-year renewal period of this Agreement; and (v) neither party has terminated this Agreement. (C) The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to appropriation 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 to fund this Agreement. The City does not represent that a Co-operative Purchase Agreement-Samsara (CCW) Page 1 of 3 budget item providing for this Agreement will be adopted, as said determination is within the City Council's sole discretion when adopting each annual budget. 4. Compensation and Payment. This Agreement is for $591 ,067.00, subject to execution of one or more written amendments executed by the parties. All pricing for the initial term must be in accordance with the attached Pricing Quotation, 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. The pricing for each one-year auto-renewal term must conform to the amounts shown in Attachment B, or the amounts stated in an eligible renewal of the Co-operative Agreement, or the amounts stated in a successor co-op agreement, whichever amount is lowest, and is further subject to sufficient appropriation by the City of the necessary renewal amount. Invoices must be mailed to the following address: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277 5. Notice. Any notice required under this Agreement, or the Co-operative 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 Corpus Christi Water Attn: Amanda Howard, Contracts/Funds Administrator 2726 Holly Road, Corpus Christi, TX 78415 Phone: (361) 826-1894 Fax: (361) 826-4495 IF TO CONTRACTOR: Samsara, Inc. Attn: Austin Smith, Public Sector Major Account Executive 1 De Haro Street, San Francisco, CA 94107 Phone: (978) 758-4690 Fax: N/A 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement-Samsara (CCW) Page 2 of 3 CONTRACTOR a. Signature: Printed Name: Adam Eltoukhy Title: Executive Vice President, Chief Legal Officer Date: June 18, 2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance — Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Quote/Pricing Schedule/Bid Form Incorporated by Reference Only: Co-operative Agreement: 5935 Page 3 of 3 Co-operative Purchase Agreement Standard Form Attachment A - Scope of Work 1. General Requirements A. The Contractor shall be responsible for providing dash cameras for approximately three-hundred eighteen (318) Corpus Christi Water (CCW) vehicles. B. The Contractor shall provide the appropriate software and licensing to CCW. 2. Scope of Work A. Location and Hours of Operation a. The location for the delivery will be the CCW administrative building. i. 2726 Holly Road, Corpus Christi, TX 78415 b. The Contractor will be required to notify (CCW) staff of coordination of delivery, beforehand. B. Specifications a. The Contractor shall provide the following hardware and accessories. i. Dual-facing dash camera, series 3 HW-CM32 ii. Enhanced VG Series OBDII J1962 L-mount cable CBL-VG- COBDII-Yl iii. Vehicle IoT Gateway, model VG54 HW-VG54-NA iv. Vehicle IoT Gateway, model VG54, for Heavy Duty Vehicles HW-VG54-NAH v. Enhanced VG Series J 1939 or J 1708 (9-pin) CBL-VG-CJ 1939 vi. VG54 Aux Cable CBL-VG-CRUX vii. Enhanced VG series 1226 cable CBL-VG-CRP1226 viii. Enhanced VG Series Isuzu cable CBL-VG-CIZU b. The Contractor shall provide the following licenses. i. License for Dual-Facing Camera LIC-CM2-ENT F. License for Vehicle Gateways - Public Sector Only, No WiFi, No ELD LIC-VG-PS c. The licenses shall be up to date and valid for 36 months. 3. Points of Contact: A. David Ruckstuhl Safety & Security Program Coordinator Phone: 361-826-4214 Email: DavidR9@cctexas.com ATTACHMENT B: QUOTE, PRICING SCHEDULE, AND BID FORM �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected Operations— www.samsara.com QUOTE #Q-1162184 Prepared For: City of Corpus Christi TX Attn:Accounts Payable P.O. Box 9277 Issued 06-18-2024 Corpus Christi, Texas 78469 Expires 06-28-2024 Prepared By: Austin Smith Sourcewell Contract#: 020221-SAM austin.smith@samsara.com Quote Summary Subtotal Hardware and Accessories USD$0.00 Licenses License Term—36 Months Shipping and Handling USD$1,495.00 Upfront Hardware Sales Tax USD$0.00 Annual License Sales Tax USD$0.00 If shipping is"Pending"-Amount is pending due to size of order;Shipping and Handling subject to change. If Sales tax is'Pending'—Final amount will be provided prior to pay.ant First Year Payment USD$198,019.00 '3%processing fee charged on credit card transactions(fee waived for ACH(credit or debit),check,or wire) "Sales tax subject to change Payments Beginning Year USD $196,524.00 Two samsara.com 1 �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected OperationSTM www.samsara.com SHIP TO David Ruckstuhl 2726 Holly Rd Corpus Christi Water Corpus Christi,Texas,78415-4112 United States Hardware and Accessories Quantity Net Unit Price Total Price Dual-facing dash-camera, series 3. 318 $0.00 $0.00 H W-C M32 Enhanced VG Series OBDII J1962 L-mount cable 250 $0.00 $0.00 CBL-VG-00BDII-Y1 Vehicle IoT Gateway, model VG54 248 $0.00 $0.00 H W-VG54-NA Vehicle IoT Gateway, model VG54,for Heavy Duty Vehicles 70 $0.00 $0.00 H W-VG54-NAH Enhanced VG Series J1939 or J1708 (9-pin) 60 $0.00 $0.00 CBL-VG-CJ 1939 VG54 Aux Cable 50 $0.00 $0.00 CBL-VG-CAUX Enhanced VG series 1226 cabe 10 $0.00 $0.00 CBL-VG-CRP 1226 Enhanced VG Series Isuzu cable 3 $0.00 $0.00 CBL-VG-CIZU Hardware Due USD$0.00 Licenses Quantity Annual Unit Total Annual Price Price License for Dual-Facing Camera 318 $420.00 $133,560.00 LIC-CM2-ENT License for Vehicle Gateways- Public Sector Only, No WiFi, No ELD 318 $198.00 $62,964.00 LIC-VG-PS Annual License USD Due $196,524.00 samsara.com 2 �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected OperationSTM www.samsara.com Thank you for considering Samsara for your fleet. Samsara provides real-time visibility, business-relevant tools, and powerful analytics that enable customers to increase the productivity of their fleets and reduce operating costs. A solution for your fleet is proposed below. What is included? Samsara's fleet tracking solution includes hardware accessories and a per- gateway license. Gateway licenses provide all ongoing elements of the service, including: - Real-time location and vehicle telematics - Dashboard access with unlimited administrator accounts - Driver App for iOS and Android devices with unlimited driver accounts - Over-the-air software feature upgrades - API access as it relates to features for integration with 3rd party systems - Maintenance and phone support Samsara does not include hidden costs in its licenses. If you want access to Samsara's full set of fleet features--including but not limited to WiFi hotspot and ELD capabilities--you will need to upgrade your license. Samsara reserves the right to audit usage of features unrelated to the solution as well as remove them from the Samsara Dashboard. Payment Terms This order form includes a license fee for the Samsara Software associated with the Hardware to be paid annually beginning on the License Start Date and, if applicable, a one-time Hardware cost to be paid upfront as of the License Start Date (Net-30). The annual fees are payable by recurring transfer. All transfers made by credit card are subject to a processing fee up to 3%, subject to applicable law. Late payments are subject to a 1.5%per month late fee. If license payments are delinquent by 30 days, Samsara may suspend the Service until late payments are remitted. samsara.com 5 �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected OperationSTM www.samsara.com Terms Unless otherwise set forth herein, your use and access of the Hardware, Products, and Services specified herein are governed by Samsara's standard terms of service found at https://www.samsara.com/terms-of-service, unless the Parties have entered into a separate terms of service agreement and/or a separate terms of service agreement is attached to the Order Form, in which case such separate terms of service agreement shall govern(the 'Terms of Service') provided that notwithstanding anything stated in the Terms of Service to the contrary, Customer agrees the following sections from Samsara's standard terms of service found at https://www.samsara.com/legal/public-sector-customers-platform-terms-of-service/shall apply: License (Section 4), Product Updates(Section 7), Data Protection Addendum (Section 10.3), Non- Samsara Products(Section 14), and Hardware Warranty(Section 17). You agree to be bound by the Terms of Service, and any capitalized terms not defined herein shall have the meaning set forth in the Terms of Service. The terms and conditions of the Terms of Service and this Order Form are the exclusive agreement of the parties with respect to the subject matter hereof and no other terms or conditions, including those associated with any Customer payment portal or onboarding of Samsara as a Customer vendor, shall be binding upon Samsara or otherwise have any force or effect. To the extent Samsara allows you to make subsequent purchases of Products via Purchase Order without a corresponding Quote, you agree that(i)such Purchase Order shall be subject to the terms and conditions of this Order Form, including with respect to payment and license terms, as well as the applicable Terms of Service;and (ii)to the extent there is a conflict between such Purchase Order and this Order Form, including with respect to payment and license terms, as well as the applicable Terms of Service, the terms of this Order Form shall prevail, and no additional terms included in such Purchase Order that are not included in this Order Form shall apply. You acknowledge and agree that any reference to a Purchase Order in this Order Form is solely for your convenience in record keeping, and the existence of a Purchase Order or any delivery of Products to you following receipt of any Purchase Order shall not be deemed an acknowledgement of or agreement to any terms or conditions associated with any such Purchase Order or in any way be deemed to modify, alter, supersede or supplement the Terms of Service or this Order Form. The continuation of this Order Form one(1)year after the license start date and annually thereafter is contingent upon the appropriation of sufficient funds by Customer. If sufficient funds fail to be appropriated by Customer to provide for the continuation of the Order Form for Customer's then-subsequent fiscal year, Customer may terminate this Order Form with prior written notice effective as of the later of the date of the beginning of such subsequent fiscal year and the end of the then-current annual license period. If Customer so terminates this Order Form, Samsara shall be entitled to payment of and for:all amounts due as of the date of termination; deliverables in progress; liabilities, fees, or costs caused by such termination including for obligations that extend beyond the date of termination;and reasonable Order Form close-out costs. samsara.com 7 �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected OperationSTM www.samsara.com License Term The license term for the Samsara Software licenses purchased under this Order Form begins on the day Samsara activates the applicable Samsara Software license by providing you a claim number and access to the Hosted Software ("License Start Date"). If Hardware associated with a then-unactivated Samsara Software license will be shipped to you under this Order Form, such Samsara Software license will be activated on the day the Samsara Hardware ships. Notwithstanding the foregoing, if you are renewing the license term for a previously-activated Samsara Software license under this Order Form, the License Start Date for the renewal license term shall be the day that Samsara extends your access to the Hosted Software for the renewal license term. Samsara Hardware requires a valid license to function. Samsara may ship Hardware under this Order Form subject to a schedule as mutually agreed between the Parties or as determined by Samsara. By signing this Order Form, you confirm that each"Ship To"delivery address set forth herein is accurate and that any individual accepting delivery at that address is authorized to do so on your behalf. To the extent such Hardware is associated with then-unactivated Samsara Software licenses, the Samsara Software license term for each such Hardware device will start on the day that device ships regardless of the shipment schedule for the other such Hardware devices. If all such Hardware is shipped in one shipment, the license term for all such Hardware will be the full license term under this Order Form. If such Hardware is shipped in multiple shipments, only the license term of such Hardware in the initial shipment will be such full license term. The license term of the remaining such Hardware shipped after the initial shipment will be set to match the then-remaining license term of the initial shipment, so that the license term for all such Hardware under this Order Form expires on the same date. The total cost of the licenses for such Hardware shipped after the initial shipment will be pro-rated based on their actual license term, rounded up to the nearest month, as compared to the full license term under this Order Form. Certain payment amounts under this Order Form assume that the entire order is fulfilled at the same time and are subject to potential reduction based on the actual schedule of order fulfillment. You agree that you will only use the features included with the Samsara Software licenses purchased under this Order Form ("Licensed Scope"). Samsara reserves the right to audit usage of Samsara Software and to remove your access to such features beyond the Licensed Scope (for example, the licensed feature scope or licensed user count, as applicable)at any time. If you would like to use features beyond the Licensed Scope, you are required to purchase the applicable Samsara Software licenses and if applicable install the applicable Hardware that include such scope. If Samsara becomes aware that you are using features beyond the Licensed Scope, Samsara reserves the right to charge you for the applicable Samsara Software licenses that include such Licensed Scope at list price, and you agree to immediately pay such amounts. Samsara further reserves the right to change, discontinue, or remove features included in a Samsara Software license at any time. You acknowledge and agree that, during your license term, you may not downgrade your Samsara Software license plan to a lower Samsara Software license plan(e.g., downgrading your "Enterprise" license to a"Premier"license). Support and Warranty Samsara stands behind its Products. During the applicable warranty period, defective Hardware will be remedied pursuant to our Hardware Warranty Policy at www.samsara.com/support/hardware-warranty. Additional support information can be found at www.samsara.com/support. samsara.com 6 �y Samsara Inc S a m S a ra 1 De Haro Street San Francisco, CA 94107 Connected OperationSTM www.samsara.com Notification of Confidentiality You agree that the pricing and payment terms specified in this Order Form shall (i) be held in strict confidence; (ii) not be disclosed to any Samsara competitor or other entity, except as pre- approved in writing by Samsara; and (iii) not be used except to evaluate the suitability of the Samsara Products for your business. You will immediately notify Samsara in the event of any unauthorized use or disclosure under these terms.Violation of these obligations will cause irreparable harm to Samsara for which Samsara may obtain compensatory and timely injunctive relief from a court, as well as any other remedies that may be available, including recovery of all reasonable attorney's fees and costs incurred in seeking such remedies.Your obligations specified herein shall last until the pricing and payment terms herein are,through no fault or action by you, public. This Order Form is a legally binding agreement between you ("Customer") and Samsara Inc. ("Samsara"). IN WITNESS WHEREOF, Customer has caused this Order Form to be executed by its duly authorized representative. I confirm acceptance of this Order Form on behalf of the Customer identified herein and represent and warrant that I have full and complete authority to bind the Customer to this Order Form, including all terms and conditions herein." "Please confirm acceptance of this Order Form by signing below: Signature: Print Name: Date: Title: samsara.com 7 Attachment C - EXHIBIT 1-A NO INSURANCE REQUIREMENTS The City's Legal Department has recommended there be no insurance requirements for this particular scope of work, Purchase Contracts— Supply Agreements—Equipment Leases - Goods or Equipment Delivered to City Other Than Hazardous Chemicals. 2023 Insurance Requirements Ins. Req. Exhibit 1-A Purchase Contracts— Supply Agreements—Equipment Leases Goods or Equipment Delivered to City Other Than Hazardous Chemicals 01/01/2023 Risk Management—Legal Dept. Attachment D: Warranty Requirements Hardware products that require a valid license to function will have a warranty that lasts for as long as CCW maintains a valid license for such hardware. All other hardware (e.g., accessories and cables) comes with a one-year warranty as of the date of shipment. During the warranty period,hardware exhibiting material defects will be replaced. Page 1 of 1 Video Based Vehicular Safety and Asset Management System for ® 3318 Corpus Christi CCw' _- - WaterF Nicholas Winkelmann, P.E., Director Water Systems and Support Services August 13, 2024 Video Based Safety System • Video-based safety and vehicle tracking system for 318 vehicles operated by Corpus Christi Water (CCW) commonly used on the road System provides real-time visibility into safety and operational practices of drivers and equipment 303' �- - Corpus I Data assists in documenting unsafe - _ ChnstiWater „1. driving behavior and will help CCW CCW' Bd supervisors correct unsafe driving - W,�,.�ctexas�om habits 1 Samsara is already being used by the Corpus Christi Solid Waste Department and other Texas municipalities CCW In Use Across Texas =a 6=.M Number of Units City of Corpus Christi —Solid Waste Department 120 Port of Corpus Christi 140 San Antonio — Solid Waste Department 550 City of Austin 250 City of Grand Prairie 1,200 City of Arlington 500 City of Garland 140 City of Lewisville 250 City of Frisco 400 City of Abilene 550 City of El Paso 800 El Paso Water 250 How Does It Work? • Cameras facing forward towards the road and in-cab cameras facing staff record drivers • A.I. technology senses unsafe driving practices • Correction is audibly given to driver • Incidents / events are reported to supervisors within minutes for review and improvement coaching CCW" Pilot Program • January 2024 to April 2024 i • 27,803 miles driven, 1 ,237 hours logged f • 12 vehicles selected, providing full representation of vehicle y ®C(W types and uses within CCW 1 zooiw y • Users included first responders, i. water quality teams, and meter maintenance teams 1 � • All operators were informed of the equipment installed in their assigned vehicle Findings Categories included Safety events included % Total Distracted Driving Inattentive driving 63% (use of mobile device) Violations No seatbelt 27% Collision Risk Following distance 9% Traffic Signs & Signals Rolling stop 1% Harsh Driving Harsh brake, harsh turn, crash <1% • After incident coaching by supervisors: • Harsh driving events such as sudden turning, braking, and accelerating rates decreased by 68% • Collision risks primarily characterized by following distance decreased by 91% • Distracted driving decreased by 32% CCW Program Benefits • SAFETY • For drivers — improvements through correction and supervisor coaching • For community — safer drivers improve safety for the public • For City — protection against insurance scams • ASSET PROTECTION • System can alert not only to driver issues but vehicle issues as well, resulting in improved proactive vehicle maintenance • INFORMATION • A.I. technology, data, and visual record of drivers • Other data gathered includes idling time and utilization time allowing the most efficient use of vehicles 3oaz� CCW- Thank you ! COCorpus Christi Water- Serving the Coastal Bend a .bus cr 0 h U 'NCORPOPPE AGENDA MEMORANDUM Action Item for the City Council Meeting of August 13, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services a effreye(a)cctexas.com (361) 826-3851 Nicholas Winkelmann, P.E., Director of Water Systems, CCW NickW(a)cctexas.com 361-826-1796 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a)-cctexas.com (361) 826-3169 Master Services Agreement Citywide Wastewater IDIQ CAPTION: Motion awarding a Master Services Agreement for Citywide Wastewater IDIQ to Halff Associates, Inc., Corpus Christi, Texas, in an amount up to $200,000.00, with a one-year renewal option to be administratively authorized for a total amount not to exceed $400,000.00, with projects located Citywide, with FY 2024 funding available from Wastewater Capital Fund. SUMMARY: This motion approves a Master Services Agreement to provide professional services to design wastewater lines that will be rehabilitated or replaced under the wastewater IDIQ construction contract. BACKGROUND AND PURPOSE: A Master Services Agreement (MSA) is a type of contract where work is accomplished through multiple Task Orders (TOs) under a blanket set of terms and conditions. These MSAs will issue TOs with Lump Sum (LS) fees or Not-to-Exceed (NTE) time and materials amounts based on an approved hourly rate schedule. MSAs are an efficient method to expedite smaller and more immediate engineering assignments. MSA TOs are typically used for projects ranging in size from $10,000 to $100,000. Larger assignments are procured individually through the routine process. Currently, Engineering Services does not have a wastewater IDIQ MSA. Corpus Christi Water (CCW) designs and prepares delivery order documentation for the majority of the work conducted under the IDIQ contracts. However, there are projects that require additional engineering and in- depth design. CCW utilizes support through this MSA to provide additional engineering and design resources. The proposed MSA will support City-Wide Wastewater IDIQ with project numbers: 22110/ 23082 / 23148 and will help expedite repair work. Individual task orders will be issued for the development of construction documents (delivery orders). PROJECT TIMELINE: 2024 20251 • A S O N D J F M A M J J A S O N D FJ ]F M A M J J A Services Projected schedule reflects City Council award in August 2024, with anticipated completion in October 2026. COMPETITIVE SOLICITATION PROCESS: Halff Associates, Inc. was selected in May 2024 under RFQ 5036 for the Citywide Wastewater IDIQ project, which was one of three projects announced under the Wastewater CIP Projects category of the RFQ. The final evaluation ranked Halff Associates, Inc. as one of the highest ranked firms based on eight factors: 1) experience on projects of similar scope and complexity, 2) demonstrated capability & capacity on comparable projects, 3) past performance, 4) team members with experience and qualifications, 5) team members experience with work of similar scope and complexity, 6) availability of resources to accomplish the work, 7) demonstrated understanding of scope of services, 8) demonstrated understanding and experience with similar services with a public agency. Halff Associates, Inc., has provided professional services for several City projects. Some of these projects include Wildcat Drive Reconstruction Project and Gollihar Road, both with wastewater replacement. Halff Associates, Inc., has also provided professional services for other municipalities, to include Laguna Madre Water District, San Antonion Water System, and McAllen Public Utility. ALTERNATIVES: Not awarding the contract for professional services to Halff Associates, Inc. will delay necessary improvements and may affect the ability to meet the operation and regulatory requirements. FISCAL IMPACT: The fiscal impact for FY 2024 is an amount not to exceed $200,000.00 with funding available through the Wastewater Capital Fund. FUNDING DETAIL: Funding will be allocated from appropriate fund sources as the various projects are identified. RECOMMENDATION: Staff recommends approval of the MSA with Halff Associates, Inc., in the amount not to exceed $200,000.00 for the Citywide Wastewater IDIQ. LIST OF SUPPORTING DOCUMENTS: Location & Vicinity Maps Evaluation Matrix CIP Page Contract Presentation RFQ No. 5036 Professional Engineering Services FY2024 Wastewater Projects Only Proposal Evaluation Score UA Halff Associates Urban Engineering Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years i References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 4.9 5.3 4.9 Demonstrated capability&capacity on comparable projects 7.0 4.2 5.3 4.6 Past Performance 7.0 6.7 5.3 4.2 Team members with experience and qualifications 7.0 5.6 4.6 3.5 Team members experience with work of similar scope and complexity 7.0 5.3 5.3 4.2 Availability of resources to accomplish the work 7.0 4.2 4.9 3.5 Demonstrated understanding of the scope of services 14.0 11.2 11.2 11.2 Demonstrated understanding and experience with a public agency 14.0 12.6 11.2 10.5 Subtotal Technical Proposal 70.0 54.6 52.9 46.6 Interview Experience on projects of similar scope and complexity 4.0 3.8 4.0 3.8 Demonstrated capability&capacity on comparable projects 4.0 3.6 3.6 3.8 Past Performance 2.0 1.9 1.6 1.9 Team members with experience and qualifications 4.0 3.8 3.8 4.0 Team members experience with work of similar scope and complexity 4.0 3.8 3.6 3.8 Availability of resources to accomplish the work 2.0 1.8 1.9 1.9 Demonstrated understanding of the scope of services 5.0 5.0 4.5 4.8 Demonstrated understanding and experience with a public agency 5.0 1 5.0 4.8 4.8 Subtotal Interview 30.0 28.7 27.8 28.7 Total Score 100.0 83.3 80.6 1 75.3 Projects Selected 23018-Blucher Park Citywide Wastewater IDIQ 24106-Northwest Blvd. Wastewater Improvements I Wastewater Infrastructure RFQ No. 5036 Professional Engineering Services FY2024 Wastewater Projects Only Proposal Evaluation Score Garver Ardurra Plummer Houston Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years No Material Regulatory Issues Past 5 Years ' References Provided for Firm Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 5.3 4.9 5.3 Demonstrated capability&capacity on comparable projects 7.0 6.0 4.6 4.6 Past Performance 7.0 3.9 2.1 4.9 Team members with experience and qualifications 7.0 6.0 4.2 4.9 Team members experience with work of similar scope and complexity 7.0 6.0 3.9 4.2 Availability of resources to accomplish the work 7.0 5.6 4.6 4.2 Demonstrated understanding of the scope of services 14.0 9.8 9.8 7.7 Demonstrated understanding and experience with a public agency 14.0 10.5 12.6 11.2 Subtotal Technical Proposal 70.0 52.9 46.6 46.9 Interview Experience on projects of similar scope and complexity 4.0 3.0 3.0 2.6 Demonstrated capability&capacity on comparable projects 4.0 2.4 2.8 2.2 Past Performance 2.0 1.2 1.2 1.3 Team members with experience and qualifications 4.0 3.0 2.8 2.8 Team members experience with work of similar scope and complexity 4.0 2.8 2.8 2.4 Availability of resources to accomplish the work 2.0 1.3 1.2 1.2 Demonstrated understanding of the scope of services 5.0 3.5 3.8 2.8 Demonstrated understanding and experience with a public agency 5.0 1 3.5 4.3 3.3 Subtotal Interview 30.0 20.7 21.8 1 18.5 Total Score 100.0 68.4 65.4 Projects Selected RFQ No. 5036 Professional Engineering Services FY2024 Wastewater Projects Only Proposal Evaluation Score Jacobs Engineering Hanson J.Schwarz Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification w, No Material Lawsuits Past 5 Years t No Material Regulatory Issues Past 5 Years 4f References Provided for Firm qrf Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 3.5 3.9 3.5 Demonstrated capability&capacity on comparable projects 7.0 3.9 3.9 3.5 Past Performance 7.0 3.5 3.2 4.2 Team members with experience and qualifications 7.0 5.3 4.2 3.9 Team members experience with work of similar scope and complexity 7.0 4.2 4.6 3.9 Availability of resources to accomplish the work 7.0 5.3 3.2 3.2 Demonstrated understanding of the scope of services 14.0 7.7 7.7 7.7 Demonstrated understanding and experience with a public agency 14.0 9.8 10.5 11.2 Subtotal Technical Proposal 70.0 43.1 41.0 41.0 Interview Experience on projects of similar scope and complexity 4.0 0.0 0.0 0.0 Demonstrated capability&capacity on comparable projects 4.0 0.0 0.0 0.0 Past Performance 2.0 0.0 0.0 0.0 Team members with experience and qualifications 4.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 1 0.0 0.0 0.0 Subtotal Interview 30.0 0.0 0.0 1 0.0 Total Score 100.0 431 41.0 41.0 Projects Selected RFQ No. 5036 Professional Engineering Services FY2024 Wastewater Projects Only Lockwood Andrews and Proposal Evaluation Score Pape Dawson Mendez Newnam Corpus Christi Corpus Christi Corpus Christi Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years t No Material Regulatory Issues Past 5 Years c References Provided for Firm of Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 4.6 4.9 3.2 Demonstrated capability&capacity on comparable projects 7.0 3.5 4.2 2.8 Past Performance 7.0 2.1 2.5 3.5 Team members with experience and qualifications 7.0 4.9 3.9 3.2 Team members experience with work of similar scope and complexity 7.0 4.9 3.9 2.8 Availability of resources to accomplish the work 7.0 3.9 3.2 3.9 Demonstrated understanding of the scope of services 14.0 9.1 7.7 7.7 Demonstrated understanding and experience with a public agency 14.0 7.7 8.4 8.4 Subtotal Technical Proposal 70.0 40.6 38.5 35.4 Interview Experience on projects of similar scope and complexity 4.0 0.0 0.0 0.0 Demonstrated capability&capacity on comparable projects 4.0 0.0 0.0 0.0 Past Performance 2.0 0.0 0.0 0.0 Team members with experience and qualifications 4.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 1 0.0 0.0 0.0 Subtotal Interview 30.0 0.0 0.0 1 0.0 Total Score 100.0 40.6 38.5 35.4 Projects Selected RFQ No. 5036 Professional Engineering Services FY2024 Wastewater Projects Only Civil&Environmental Proposal Evaluation Score Consultants Lefevre SAMES Corpus Christi Port Mansfield McAllen Minimum Qualifications Pass/Fail Pass Pass Pass Licensing/Certification No Material Lawsuits Past 5 Years t No Material Regulatory Issues Past 5 Years References Provided for Firm " Minimum Qualifications Pass/Fail Pass Pass Pass Technical Proposal Experience on projects of similar scope and complexity 7.0 2.8 2.8 2.1 Demonstrated capability&capacity on comparable projects 7.0 2.5 2.1 2.5 Past Performance 7.0 2.8 3.2 3.2 Team members with experience and qualifications 7.0 2.5 3.5 2.5 Team members experience with work of similar scope and complexity 7.0 2.5 3.2 2.1 Availability of resources to accomplish the work 7.0 3.2 2.1 3.9 Demonstrated understanding of the scope of services 14.0 7.7 6.3 3.5 Demonstrated understanding and experience with a public agency 14.0 7.7 6.3 4.9 Subtotal Technical Proposal 70.0 31.5 29A 24.5 Interview Experience on projects of similar scope and complexity 4.0 0.0 0.0 0.0 Demonstrated capability&capacity on comparable projects 4.0 0.0 0.0 0.0 Past Performance 2.0 0.0 0.0 0.0 Team members with experience and qualifications 4.0 0.0 0.0 0.0 Team members experience with work of similar scope and complexity 4.0 0.0 0.0 0.0 Availability of resources to accomplish the work 2.0 0.0 0.0 0.0 Demonstrated understanding of the scope of services 5.0 0.0 0.0 0.0 Demonstrated understanding and experience with a public agency 5.0 1 0.0 0.0 0.0 Subtotal Interview 30.0 0.0 0.0 1 0.0 Total Score 100.0 3 .S 29.4 24.5 Projects Selected s a �g o _ CITYWIDE LOCATION = a CORPUS CHRISTI BAY a nM n N � aaixa aOno S '�9DaF � xns - yyc 3 � �' � Elie, �+ •/•f�.. - + VICINITY MAP s NOT TO SCALE - \�� � CITYWIDE PROJECT CITY LIMITS Y F •n AERIAL MAP _ NOT TO SCALE CITY COUNCIL EXHIBIT `\y CITYWIDE WASTEWATER I D I Q CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2024 thru 2026 City of Corpus Christi, Texas Project# 22110/23082/23148 Project Name City-Wide Wastewater ID/IQ Type Asset Longevity Department Wastewater Useful Life 25 years Contact Director of Water Utilities , Category Wastewater Priority Critical-Condition\longevity Council District City-Wide Status Active y Description The city-wide Indefinite Delivery/Indefinite Quantity program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City. It is a key component of the life cycle program component to address collection system conveyance and manhole infrastructure requirements within the City.The program will identify,prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life,improve flows,improve water quality,reduce overflows and cave-ins and reduce long-term maintenance costs. The scope of work includes,but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting,cured-in-place pipe,and/or open-cut method for lines up to 36-inches in diameter,gravity line point repairs,dewatering through well pointing,control of wastewater flows through bypass ,pumping,clearrmg and televised inspection of conduits,etc. Justification This project is needed to meet operational and regulatory requirements. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 30,800,000 19,100,000 19,100,000 19,100,000 88,100,000 Design 700,000 200,000 200,000 200,000 1,300,000 Eng,Admin Reimbursements 779,941 350,000 350,000 350,000 1,829,941 Total 32,279,941 19,650,000 19,650,000 19,650,000 91,229,941 Funding Sources Prior Years 2024 2025 2026 Total Revenue Bonds 32,279,941 19,650,000 19,650,000 19,650,000 91,229,941 Total 32,279,941 19,650,000 19,650,000 19,650,000 91,229,941 Budget Impact/Other Normal flow to the City's wastewater treatment plants is about 30 million gallons of daily(MGD).When it rains,damaged pipe allow the infiltration of rainwater to flow into the treatment plants and be treated along normal wastewater flows,and consequently result in additional increase in operational costs.In addition,damaged lines are prone to overflows of the system and subject to cave-ins.The implementation of this program will reduce overflows,decrease operational costs and protect the environment. 333 so o N U NC°RPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of August 13, 2024 DATE: July 11, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager, City of Corpus Christi Heatherh3@ccexas.com (361) 826-3506 Alyssa Barrera Mason, Executive Director, CCDMD Alyssa@cctexasdmd.com (361) 882-2363 Approval of TIRZ #3 Expenditure for 25 Downtown Trash Receptacles CAPTION: Resolution authorizing the City to purchase 25 trash receptacles from Victor Stanley, Inc. in the amount of $76,495.00. Project recommended by the Downtown Management District and approved by the TIRZ#3 board, to be received by the Public Works Department, and installed by a City Public Works Department contractor, with the oversight of the City's Public Works Department. SUMMARY: This resolution authorizes a TIRZ #3 expenditure for the purchase of 25 new trash receptacles from Victor Stanley for the Downtown Marina Arts District in the amount of $76,495. These receptacles will match the receptacles currently in place and will be strategically placed throughout the district to accommodate for the observed increase of waste and debris. BACKGROUND AND FINDINGS: In 2023, the DMD performed an audit of the Downtown Marina Arts District to determine the need for additional blue trash receptacles to match the existing receptacles that were originally procured through a City Bond 2014 Streetscape Project. The 2023 audit comprised of noting which bus stops had a receptacle nearby, as well as observing areas with high volumes of waste, such as during and after Downtown events. Based on these parameters, the DMD recognized 25 locations in need of a trash receptacle and made the request to the TIRZ #3 board. The DMD proposed this sole source project in 2023 for the FY 2024 TIRZ#3 budget in the amount of $89,320. The TIRZ #3 Board approved this project with the budget, but due to the contract amount exceeding $50,000, the item also requires City Council approval. This purchase includes the production and shipment of 25 trash receptacles from Victor Stanley in the amount of$76,495. City staff will manage the installation of the receptacles. ALTERNATIVES: City Council could not approve this expenditure. FINANCIAL IMPACT: The funding source for this project is from the TIRZ #3 One Time Special Projects fund. The FY 2024 budget for this program is $76,495. Funding Detail: Fund: 1112 —TIF #3 Organization/Activity: 10292 —One Time Special Projects Mission Element: 707 — Economic Development Project # (CIP Only): N/A Account: 530000— Professional Services RECOMMENDATION: Staff recommends approving this expenditure for additional trash receptacles in the Downtown Marina Arts District. This will aid greatly in waste management and contribute to a clean and a pleasant experience for all those who live, work, and visit Downtown. LIST OF SUPPORTING DOCUMENTS: Resolution Quote City Council Presentation — Downtown Trash Receptacles Resolution authorizing the Downtown Management District to purchase on behalf of the City of Corpus Christi 25 trash receptacles from Victor Stanley, Inc. in the amount of$76,495.00. WHEREAS, the City of Corpus Christi (City) has entered into an interlocal agreement with the Downtown Management District for certain cleaning services, including trash collection, as part of a beautification initiative for downtown Corpus Christi; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement 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 and protect the public health or safety of the City's residents; and WHEREAS, there is a statutory exception for this procurement in Local Government Code, Section 252.022(a)(7)(A), as these items are only available from one source because of patents, copyrights, secret processes, or natural monopolies. Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. 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, authorizes the Downtown Management District expenditure of $76,495.00 of Tax Increment Investment Zone 3 funds for the purchase, production, and shipment of 25 trash receptables from Victor Stanley, Inc. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary V' ICT © R STANLEY@ SALES QUOTE 2103 Brickhouse Road,Dunkirk,MD 20754 USA Sales Quote No: SQ120394 1,800,368.2573(USA+Canada) TEL 301.855,8300 FAX 410,257,7579 Revision Number: 5 V I C T O R S TA N I.E Y.C O M Sales Quote Date: 06/27/24 Sell To: Corpus Christi Downtown Customer No: CO23032 Management District Phone No: 361-882-2363 Kristen Acock Contact Name: 223 North Chaparral Street Contact Phone No: Corpus Christi, TX 78401 Terms: Pending Associate: Kristen Bevard Project Name: CORPUS CHRISTI STREETSCAPE Project Location State: TX Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid Management District Shipping Method: FOB Factory to be determined Corpus Christi, TX 78401 This Quote is valid for 30 days. Estimated Lead Allow 10 to 12 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. Comments: •Orders are released into production upon receipt of signed sales/purchase order,credit determination and(where applicable)deposit,payment bond,etc. •All products must be permanently affixed to the ground.Consult your local codes for regulations.Anchor bolts NOT provided. •Common Carrier unloading is the responsibility of the receiver. •While the vast majority of our components satisfy Buy America requirements,we must know if there are Buy America requirements before the order is placed. It is the buyer's sole responsibility to inspect shipments at the time of delivery;any damage, loss,or shortage must be noted on the signed Proof of Delivery and reported to Victor Stanley within seven(7)days. •This quote is valid for shipment within normal production time. No deferred shipping dates are accepted without prior written approval. •Hot-Dip Galvanizing is performed for us by an experienced qualified firm to which we ship our products for galvanizing. Hot-Dip Galvanizing includes an aggressive pre-treatment and immersion in a tank of charged liquid zinc at or around 860 of(460°C).The resulting surface is resistant to rust but has some unevenness resulting from the bonding of the zinc to the steel surface.As a result,the powder-coating surface finish over that galvanized surface may exhibit bumps, unevenness,and not be as smooth as our standard finish;this uneven finish is normal for Hot Dip Galvanizing. By signing, you confirm that you have read and understand the"Powder Coated Hot-Dip Galvanized Steel-Full Disclaimer"information sheet-Contact Customer Service for more information. •Benches,other seating and tables ship partially unassembled unless otherwise stated by Victor Stanley, Inc. •Victor Stanley uses common carriers.Any additional service or re-consignment charges added during shipment will be the sole responsibility of the Buyer. 'These comments are intended to be part of the terms and conditions of this sales quote. QTY Model No. Description Unit Cost Total Price 25 SD-42 Ironsites Series 36-Gallon Side-Opening Litter Receptacle 2,916.00 72,900.00 SD-42 Components Black Plastic Liner Many Victor Stanley,Inc.products are covered by patents including but not limited to the following: USA Patents D458,431 S;D441,932 S:D452,760 S;3450,166 S;D445,982 S;D483,538 S; D487,177 S;D487,537 S;D487,538 S;D454,238 S;D476,455 S;3476,454 S;D417,053; 6,339,944 B1;D385,231;5,660,907;5,791,047;D386,012:D376.937;D383,615;D376,271; D384,512;D523,263 S;D532,620 S;D526,805 S:D585,793 S;D582,169 S;D578,792 S; D579,694 S;D585,220 S;D573766 S;D573,769 S;D553,821 S;D585,209 S;D586,1443; D579,684 S:D578,783 S;D581,173 S;D581188 S;D563689 S D579,227 S;3579,685 S; D542,993 5:D561,967 5;D595,915 S;D595:916 S;D599:570 5.D601,770 S;D602,221 S; D606,271 S;D595,973 S;D601.823 S;D607,229 S;D609,933 S;D586,062 S;D621.295 S. Canada(p)98101;96040;96159;98103;96108;110953;110954;117181;126714;126322, 126323,130714,130717,126317;126318;126319,126320,126321,130652,130653, 130715;130716.Canada Patent 2,184,348.Mexico Reg.Des.001871;28182. EC Reg.Des.000475579-0001;0 0050 3297-0001;000762638-0001;000961404. Other Patent(s):Pending. Page. 1 V I C T O R S T A N L E Y ® SALES QUOTE 2103 $rickhouse Road, Dunkirk, Nil) 20754 USA Sales Quote NO: SQ120394 1.800.3(58.2573 J,SA+ Clarlada) '[LL 301 855.8300 YAX 410.257,7579 Revision Number: 5 v 1 C'r 0 R S'r A X 1,F Y.C c)N1 Sales Quote Date: 06/27/24 Sell To: Corpus Christi Downtown Customer No: CO23032 Management District Phone No: 361-882-2363 Kristen Acock Contact Name: 223 North Chaparral Street Contact Phone No: Corpus Christi, TX 78401 Terms: Pending Associate: Kristen Bevard Project Name: CORPUS CHRISTI STREETSCAPE Project Location State: TX Ship To: Ship Via: Contract Carrier Please advise Ship Freight: Prepaid Management District Shipping Method: FOB Factory to be determined Corpus Christi, TX 78401 This Quote is valid for 30 days. Estimated Lead Allow 10 to 12 (weeks) Time: for Production of your order. All credit determinations are made by our Credit Department. QTY Model No. Description Unit Cost Total Price Blue DSS-2A Rain Bonnet Lid Lid-Blue Latch Plaque, 14x14 Plaque Decal per Approved Layout# Hot Dip Galvanizing Plaque-Blue 1 Freight 3,595.00 3,595.00 Many Victor Stanley,Inc.products are covered by patents including but not limited to the following: USA Patents D458,431 S;D441,932 S:D452,760 S;3450,166 S;D445,982 S;D483,538 S; Sub-Total: 76,495.00 D487,177 S;D487,537 S;D487,538 S;D454,238 S;D476,455 S;3476,454 S;D417,053; D384,944 2;D52332 3 S;ID532620 S;D526,05 S D585,793DS;D582,69 S;6D5 8,792 S;1 Total Sales Tax: 0.00 D579,694 S;D585,220 S;D573766 S;D573,769 S;D553,821 S;D585,209 S;D586,144 3; D579,684 S:D578,783 S;D581,173 S;D581188 S;D563689 S D579,227 S;3579,685 S; D542,993 S:D561,967 S;D595,915 S;D595:916 S;D599:570 S.D601,770 S;D602,221 S; Total: 76,495.00 D606,271 S;D595,973 S;D601.823 S;D07,229 S;D609,933 S;D586,062 S;D621.295 S. Canada(p)98101;96040;96159;98103;96108;110953;110954;117181;126714;126322, 126323,130714,130717,126317;126318;126319,126320,126321,130652,130653, All figures are In US Dollars 130715;130716.Canada Patent 2,184,348.Mexico Reg.Des.001871;28182. EC Reg.Des.000475579-0001;0 0050 3297-0001;000762638-0001;000961404. Other Patent(s):Pending. Page. 2 Please review our Standard Terms of Production on proceeding pages STANDARD TERMS OF PRODUCTION TAXES LIMITED WARRANTY Prices on the specified products are exclusive of all city,state and We warrant to the original purchaser the goods manufactured by us to federal excise taxes,including,without limitation,taxes on manufacture, be free from defects in material and workmanship for one year under sales, receipts,gross income,occupation,use and similar taxes. It is normal use and service. Our obligation under this warranty shall be the responsibility of the purchaser to remit to the appropriate state or limited to the repair or exchange of any part or parts which may thus local authority all state sales tax not herein designated as well as the prove defective under normal use and service within one year from date applicable use taxes,local taxes,permits and fees of any kind. of delivery,and which our examination shall disclose to our satisfaction to be defective.This warranty expressly excludes acts of misuse, REGULAR PAYMENT TERMS vandalism or freight damage. Ductile Iron castings include a 10-year All payment terms are determined by the credit department. No order limited warranty against breakage. THIS WARRANTY IS EXPRESSLY will be processed or placed into production until credit has been IN LIEU OF ALL OTHER WARRANTIES EXPRESSED OR IMPLIED determined and a deposit has been received(if required). Purchaser is INCLUDING THE WARRANTIES OF MERCHANTABILITY AND responsible for the timely payment of Victor Stanley, LLC's invoices FITNESS FOR USE AND OF ALL OTHER OBLIGATIONS OR within Victor Stanley, LLC's payment terms. In the unlikely event that LIABILITIES ON OUR PART. collection activity is necessary due to the non-payment of past due invoices, Purchaser agrees that all collection charges, legal fees and CONDITIONS interest incurred in such collection activity will be the sole All orders or contracts are accepted with the understanding that they responsibility of the Purchaser. are subject to Victor Stanley, LLC's ability to obtain the necessary raw materials,and all orders or contracts as well as shipments applicable CANCELLATION FEE thereto are subject to Victor Stanley, LLC's current manufacturing Victor Stanley, LLC manufactures all products to specific orders,and schedules,and government regulations,orders,directives,and therefore reserves the right to charge a 30%cancellation fee if this restrictions that may be in effect from time to time. order is canceled by the Buyer while goods are in production. DELIVERY CONTROLLING PROVISIONS These terms and conditions shall supersede all provisions,terms and All prices are FOB Factory unless otherwise stated by Victor Stanley, conditions contained on any confirmation order,or other prior or future LLC in writing. writing by or to Buyer,and the rights of the parties shall be governed exclusively by the provisions,terms and conditions in this Sales Order. INTEREST Victor Stanley, LLC makes no representations or warranties concerning If Buyer fails to pay in accordance with the terms of this agreement, this order except such as are expressly contained herein,and this Sales an interest charge of 1.5%per month may be added to the unpaid Order or its terms may not be changed or modified without the signed balance. written agreement of an authorized representative of Victor Stanley, LLC. ATTORNEYS'FEES CONTROLLING LAW AND VENUE In the event that the Buyer fails to timely pay for the goods in This Agreement shall be governed by and construed according to the accordance with the terms of this agreement or is otherwise in breach laws of Maryland,without giving effect to its choice of law principles. of its obligations to Victor Stanley, LLC, Buyer agrees to pay to Victor The parties agree that all actions and proceedings arising out of or Stanley, LLC the cost of collection,including its reasonable attorney's relating directly or indirectly to this Sales Order or any ancillary fees and suit costs. agreement or any other related obligation, including any action on any DELAYS bond,shall be litigated solely and exclusively in the state or federal courts located in Maryland,and that such courts are convenient Our lead time is an estimate only and Victor Stanley, LLC is not forums. Each party hereby submits to the personal jurisdiction of such responsible for any delays in our previously quoted or estimated courts for purposes of any such actions or proceedings. shipping time.Victor Stanley, LLC will not be liable for any damages, whether direct,indirect or consequential,associated with any delay in the performance of orders or contracts,or in the delivery or shipment SHIPPING CLAIMS of goods,or for any damages suffered by Buyer by reason of such It is the sole responsibility of the Buyer to inspect all shipments at the delay.This also applies to any such delay,directly or indirectly,caused time of receipt, both by comparing the number of packages received to by,or in any manner arises from, production delays,fires,floods, the number outlined on the Bill of Lading,and by inspecting the accidents,civil unrest,acts of God,war,governmental interference or packaging for damage. Damage, loss,or shortage must be noted on embargoes,strikes,labor difficulties,shortage of labor,fuel, power, the signed Proof of Delivery prior to the departure of the delivery driver, materials,or supplies,transportation delays,or any other cause or and must be reported to Victor Stanley, LLC within seven(7)days. causes(whether or not similar in nature to any of these herein before Replacement cannot be guaranteed for damage, loss,or shortage not specified). clearly noted on delivery paperwork and promptly reported to Victor Stanley, LLC.This includes damage to materials that will be stored for NONCONFORMITY later use. All products made by Victor Stanley, LLC are inspected before shipment,and should any of such materials prove defective due to faults in manufacture,or fail to meet the written specifications accepted by Victor Stanley, LLC, Buyer shall not return the goods,but notify Victor Stanley, LLC immediately,stating full particulars in support of claim,and Victor Stanley, LLC will either replace goods upon return of the defective or unsatisfactory material or adjust the matter fairly and promptly,but under no circumstances shall Victor Stanley, LLC be liable for consequential or other damages, losses,or expenses in connection with or by reason of the use of or inability to use materials purchased for any reason. V' ICT © R STANLEY@ SALES QUOTE 2103 Brickhouse Road,Dunkirk,MD 20754 USA Sales Quote No: SQ120394 1,800,368.2573(USA+Canada) TEL 301.855,8300 FAX 410,257,7579 Revision Number: 5 V I C T O R S TA N I.E Y.C O M Sales Quote Date: 06/27/24 Powder Coated Hot-Dip Galvanized Steel -Full Disclaimer Hot-Dip Galvanizing is performed for us by an experienced qualified firm to which we ship our products for galvanizing. Hot-Dip Galvanizing includes an aggressive pre-treatment and immersion in a tank of charged liquid zinc at about 860 deg. F(460 deg. C). The resulting surface is resistant to rust but has some unevenness resulting from the bonding of the zinc to the steel surface. As a result,the powder-coat surface finish over that galvanized surface may exhibit bumps, unevenness, and not be as smooth as our standard finish; this uneven finish is normal and unavoidable for Hot Dip Galvanizing. In addition, the Zinc coating exhibits a phenomenon known as"Outgassing"when an organic coating is applied on top of it. This outgassing results in localized bumps between the powder-coat layer and the zinc. The images below visually illustrate some of these expected inconsistencies and imperfections at varying distances from the product's surface. Finally, any organic coating (including powder-coating)may require periodic maintenance for chipping due to expansion and contraction over the zinc substrate. This can be random and may not occur, but it is sometimes a factor. Hot Dip Galvanizing is a superb rust-inhibiting process used worldwide, but it can create interference for any paint or powder-coating applied on top of it as a finish-coat. We take steps to minimize these effects but they cannot be completely prevented. i r e J , I Please sign below acknowledging that you have read and understand all of the information contained in the above paragraphs. Signature Printed Name Date Downtown Trash Receptacles August 13, 2024 Downtown Trash Receptacles • DMD audited Marina Arts District to f i determine the need for additional w en st � Q water IH-37 trash receptacles in 2023 • Audit noted bus stops in need of a 9 water @ Twigg FS receptacle nearby&areas with high volumes of waste 19 Peoples T Heard • Identified 25 locations in need of a 9 % trash receptacle water C Schatzel • —12k bags of trash emptied annually 019 shoreline@ Lawrence from receptacles in District Water @Jahn Sartain • DMD acquired quote from Victor Water @Cooper's Alley Stanley for 25 blue trash receptacles in the amount of$76,495 2 Recommendation PeriodFunding Source Total • Traffic Pattern Analysis&Streetscape $76,495 FY 24 Total $76,495 - • Motion to Approve Expenditure 3 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of August 13, 2024 ss52 Second Reading for the City Council Meeting of August 20, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Drew Molly, Chief Operating Officer, CCW DrewMa-cctexas.com (361) 826-1853 Nicholas Winkelmann, P.E., Director of Water Systems, CCW NickW(u-)cctexas.com 361-826-1796 Ordinance to correct the omission of cyanide in Ordinance 033281, Section 55- 141(d)(3), as a pollutant limited in permits issued to significant industrial users discharging to Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility, as required by Texas Commission on Environmental Quality. CAPTION: Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the Broadway Wastewater Treatment Facility and the Oso Water Reclamation Plant, providing for a penalty not to exceed $2,000 and publication. SUMMARY: The amendment to the Ordinance Section 55-141 General Sewer Use Requirements will update the ordinance to more accurately reflect the pollutants regulated by the Technically Based Local Limits (TBLLs) of the City's wastewater treatment program to include total cyanide. The TBLLs are required by the TCEQ as part of the City's Texas Pollutant Discharge Elimination System (TPDES) permits. Total cyanide was unintentionally excluded from the list of pollutants in Ordinance 032381 and must be corrected. BACKGROUND AND FINDINGS: Ordinance 033281 was passed and approved on January 30, 2024. This ordinance approved updates to the TBLLs, which are pollutant limitations placed on significant industrial users that discharge to the City's wastewater collection system. These restrictions ensure industrial facilities do not discharge wastewater that contains levels of pollutants that may cause damage to the City's collection system, wastewater treatment plants, or the environment. Due to a typographical error, ordinance 033281 inadvertently omitted total cyanide as a listed pollutant that may be limited for significant industrial facilities requesting to discharge to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility. The Texas Commission on Environmental Quality requires the City to update the ordinance to include this pollutant. These limits are identified in Section 55-141 and referenced in Section 55-163 of the City Code, which applies to pollutant generators and transporters. Pollutants of concern are determined during TBLL development based on historical influent wastewater data, receiving water bodies, and other regulatory requirements. Cyanide is a pollutant identified by the U.S. Environmental Protection Agency as a potential pollutant of concern and is required to be evaluated. Following data collection, data review, and evaluation of potential criteria, it was determined that cyanide should be a pollutant of concern in the City's TBLL development. During the subsequent TBLL development, allowable limits for all pollutants of concern, including cyanide, were developed and approved by the Texas Commission on Environmental Quality. Technically Based Local Limits are applied to the wastewater of all industrial users. Industrial users are also required to self-monitor their wastewater and report the results to CCW in addition to independent wastewater monitoring conducted by CCW. The omission of cyanide occurs in Section 55-141(d)(3) of the City Code, which only applies to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility and discusses industrial users that may want to connect to those facilities in the future. There are currently no significant industrial users discharging to the Oso Water Reclamation Plant and Broadway Wastewater Treatment Facility, and therefore this update will not affect any current industrial facilities that discharge to the City's wastewater collection system. TCEQ has requested that the Ordinance approval be completed by September 16, 2024. This process will be complete once proof of the approved Ordinance amendment is submitted to TCEQ. ALTERNATIVES: The alternative is to not approve the proposed Ordinance amendment. However, this would violate TCEQ requirements, putting the TCEQ-approved pretreatment program and the City's Wastewater Discharge permits at risk of enforcement proceedings. FISCAL IMPACT: N/A Funding Detail: N/A RECOMMENDATION: Staff recommends amending the Ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance to amend Ordinance 033281 as required by Texas Commission on Environmental Quality regulations by amending Section 55-141(d)(3) of the City Code to update the list of pollutants for which limits may be established in an industrial discharge wastewater permit utilizing the New Broadway Wastewater Treatment Facility or the Oso Water Reclamation Plant; providing for a penalty not to exceed $2,000 and publication. WHEREAS,the City working with a technical consultant proposed updates to its technically based local limits for discharge of wastewater into the City's wastewater system and submitted proposed changes approved by City Council Ordinance 033281 to the Texas Commission on Environmental Quality for review; WHEREAS, Ordinance 033281 inadvertently omitted cyanide from list of pollutants identified in City Code Section 55-141(d)(3) for which limits may be established for purposes of any requested industrial discharge wastewater permits utilizing the Oso Water Reclamation Plant or New Broadway Wastewater Treatment Facility; NOW THEREAFORE BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 . That the Corpus Christi City Code, Chapter 55, Sec. 55-141 — General sewer use requirements, subsection (d) Specific local pollutant limitations, is amended by adding the following language that is underlined (added) as delineated below: (3) Significant industrial users desiring to discharge to the Oso Water Reclamation Plant or New Broadway Wastewater Treatment Facility shall submit a permit application prior to discharge. Limits for the following pollutants may be found in a wastewater discharge permit: Arsenic,total Cadmium,total Chromium,total Copper,total Cyanide,total Lead,total Mercury,total Phenols,total Nickel,total Silver,total Zinc,total No user shall discharge pollutants in excess of the limits in a wastewater discharge permit. 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. SECTION 4. Penalties are as provided in Section 1-6 of the Corpus Christi City Code. SECTION 5. This ordinance takes effect after 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 se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ 1st Reading item for City Council Meeting of August 13, 2024 ss52 2nd Reading item for City Council Meeting of August 20, 2024 DATE: July 25, 2024 TO: Peter Zanoni, City Manager FROM: Gabriel A. Rodriguez gabrielroa-cctexas.com 361-826-3379 Briefing on Requested Changes to the Ethics Code CAPTION Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. BACKGROUND AND FINDINGS: A Council member recently was the subject of a non-sustained allegation at the City Ethics Commission. The member utilized an attorney, at their own expense, to defend themselves against the allegation. They indicated a desire for the City pay for the defense of City Officials who are the subjects of non-sustained allegations at the Ethics Commission. Several members of City Council have identified with their concerns and requested such coverage. The City currently indemnifies officers and employees for their cost of defending against "claims or damages arising out of the course and scope of employment" as long as they were "were done in good faith and without malicious or felonious intent". See Corpus Christi City Code § 39-14(b). Such indemnity does not apply to ethics allegations because they are merely advisory in nature, without monetary sanction. City provision of indemnity for internal ethics allegations would require a change to the City Code. Some cities provide for reimbursement of defense costs against ethics allegations and therefore provide a roadmap to potential indemnity procedures. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Ordinance Amending Corpus Christi City Code 2-330 Ordinance amending Section 2-330 of the Code of Ordinances of the City of Corpus Christi, Texas to provide for outside representation of City Officials for alleged violations before the Ethics Commission. WHEREAS, Corpus Christi City Code § 2-326(a)(1) requires the Ethics Commission to review all proposed changes to the City's Code of Ethics and make recommendations to City Council before being placed on a city council agenda for action. WHEREAS, the Ethics Commission has recommended the following changes to the City's Code of Ethics. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. Subsection 2-330(e) of the City Code is amended to read as follows: Sec. 2-330. - Complaints. (e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. The city will Pay reasonable fees for legal representation of the respondent through conclusion of a commission hearing from an approved list provided by the City Attorney, subject to the city's right to repayment through salary and/or stipend deductions of the respondent in the event the commission finds a violation has occurred. Section 2. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. Section 3. Should any sentence, paragraph, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. Section 4. This ordinance shall become effective October 1, 2024. 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. Introduced and voted on the day of 2024. PASSED and APPROVED on the day of 2024. Paulette M. Guajardo, Mayor Rebecca L. Huerta, City Secretary 2 Briefing — City Council request for Representation when wrongfully accused of violating Ethics Code: A Council member recently was the subject of a non-sustained allegation at the City Ethics Commission. The member utilized an attorney at their own expense to defend themselves against the allegation. They indicated a desire for the City pay for the defense of City Officials who are the subjects of non-sustained allegations at the Ethics Commission. Several members of City Council have identified with their concerns and requested such coverage. The City currently indemnifies officers and employees for their cost of defending against "claims or damages arising out of the course and scope of employment" as long as they were "were done in good faith and without malicious or felonious intent". See Corpus Christi City Code § 39-14(b). Such indemnity does not apply to ethics allegations because they are merely advisory in nature, without monetary sanction. City provision of indemnity for internal ethics allegations would require a change to the City Code. Some cities provide for reimbursement of defense costs against ethics allegations. San Antonio — The City of San Antonio has a similar provision to Corpus Christi in its Code of Ordinances, which provides reimbursement of attorney's fees by complainants for frivolous complaints. However, it also have an extended process for determining what is considered frivolous, including a show cause hearing involving the complainant. See San Antonio City Code Sec. 2-83(f) and (g). Dallas - The City of Dallas allows for city officials or employees charged in a complaint to employ independent outside counsel so long as they are approved by the city attorney. The City will pay the reasonable and necessary fees incurred after review by the ethics commission. If the Ethics Commission finds that a violation occurred, the city official or employee will reimburse the City for the fees and expenses. See Dallas City Code Chapter 12A, Art. VII Sec. 12A-48(b). Austin - The City of Austin, generally, does not have a legal defense for city officials in relation to Ethics Complaints. If, however, a city official reasonably believed the conduct charged was not prohibited by the City's Code of Ethics and acted in reasonable reliance upon a public opinion rendered by the city attorney, the city attorney shall be authorized to represent the official or employee before the commission, or to employ and pay private counsel to represent the official or employee before the commission. See Austin City Code Sec. 2-3-42. Arlington - The City of Arlington's Code of Ordinances contains a provision related to reimbursement of reasonable legal fees and expenses in defending an Ethics complaint upon a finding by the City Council that the public interest will be served. The City Attorney is charged with determining what constitutes reasonable fees and expenses for the representation of the complaint. See Arlington City Code Art. XII, Sec. 12.08(H)(2). Fort Worth - The City of Fort Worth does provide the respondent with legal counsel of their choosing for Ethics complaints provided that fee arrangements are first approved by City Council. See Fort Worth City Code Sec. 2-248. The Cities of Houston and El Paso do not contain similar cost provisions within their code of ordinances. The Cities of Arlington and El Paso do provide for a review by the City Attorney prior to forwarding on to the Ethics Commission. City Code requires Ethics Commission to review proposed changes to the Code of Ethics. Therefore, the Ethics Commission was provided with proposed changes to Corpus Christi City Code Sec. 2-330. • Provision for representation of a City Official by an outside attorney provided by City. • Provisions for cost-control of attorneys provided by City: • approved list provided by the City Attorney. • repayment obligation for sustained allegations • an initial review for legal sufficiency and form by the City Attorney's office of Ethics Complaints, prior to forwarding to the Ethics Commission. Recommendation of Ethics Commission : 2-330(e) If the commission determines such party's complaint or defense was groundless, legal fees incurred by the complainants, the commission, and the party complained against, in an amount determined reasonable by the commission may be awarded against the unsuccessful party. "Groundless" means: (1 ) without basis or fact; or (2) not warranted by law or reasonably arguable interpretation thereof. The complainants shall not be liable for such fees if the commission has determined grounds exist for a hearing. The city will pay reasonable fees for legal of the respondent through conclusion of a commission hearing provided by the City Attorney, subject to the city' s right to and/or stipend deductions of the respondent in the event the violation has occurred . Ethics Commission did not recommend following added language : (e) (1) The city attorney shall conduct a preliminary review of the complaint within 7 business days after receipt and issue determination whether the complaint (i) is sufficient as to form and (ii) alleges sufficient facts which, if true, could constitute a prima facie violation of the Rules of Conduct . The city attorney shall provide the commission, the city secretary, the complainant and the respondent with written notice of such determination . (e) (2) The complaint will be dismissed upon determination that the complaint does not comply with (e) (1) (i) and (e) (1) (ii) , subject to complainant' s right to appeal such dismissal to the commission within 10 business days of dismissal . This appeal must be in writing, sworn, and state the grounds for the appeal . The complainant shall provide the appeal to the city secretary, who will then forward a copy to the commission, the city attorney and the respondent within 3 business days of receipt . (e) (3) The respondent shall have at least 10 business days to submit a written response to the commission after a preliminary determination of the city attorney that the complaint complies with (e) (1) (i) and (e) (1) (ii) , or so w 0 H AGENDA MEMORANDUM koaPoap4 First Reading for the City Council Meeting of August 13, 2024 1852 Second Reading for the City Council Meeting of August 20, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK@cctexas.com 361-826-7202 Acceptance of the Texas Beach Watch Grant for the Corpus Christi — Nueces County Public Health District CAPTION: Ordinance authorizing acceptance and amendments of Texas Beach Watch (TBW) Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing position to be funded by this grant and appropriating $140,000.00 in the Health Grant Fund. SUMMARY: The Corpus Christi-Nueces County Public Health District (CCNCPHD) received Contract No. 25- 018-000-E709 from the GLO to provide financial assistance for expenses to support the collection of$140,000.00. The CCNCPHD, in conjunction with the TBW, collects and analyzes recreational beach water samples from designated sampling stations and reports results to the GLO. This grant allows for one position Public Health Technician which is 100% grant funded. BACKGROUND AND FINDINGS: The GLO has awarded a contract amendment to CCNCPHD to collect and analyze recreational beach water samples to provide water health and safety for biological materials. This contract is effective September 1, 2024, through August 31, 2025. Every year, the GLO awards the Texas Beach Watch Program financial support, which provides for salary, benefits, and expenses. The TBW collects specimens throughout designated sampling stations in Aransas, Nueces, and San Patricio Counties and monitors waterways. The program monitors these recreational beaches and when Enterococcus bacteria levels in the water exceed the acceptable standards established by the U.S. Environmental Protection Agency (EPA), the GLO works with local governments to issue advisories warnings to the public. This award has been appropriated to the CCNCPHD since 2015. Water samples are collected and tested throughout the year. During the peak beach season, which runs from May through September, water samples are collected weekly. During the rest of the year, samples are collected every two weeks. The one exception occurs in March when weekly sampling is conducted at Gulf of Mexico beaches to coincide with spring break. The water quality information on the Texas Beach Watch site is updated each time sample results are entered into the database. Local governments post advisory signs provided by the GLO at beach access points where the water quality exceeds acceptable bacterial levels. Once collected base water samples are submitted and analyzed, a repeat sample may be required. Reimbursement for each base sample submitted is $55.00 and $70.00 for each repeat sample required. Texas Beach Watch is a program funded by the EPA and the GLO, which administers the program. This contract is not to exceed $140,000.00. ALTERNATIVES: To deny the Texas Beach Watch Grant; however, this would not be the preferred alternative as this service provides an essential real-time report on recreational beach water samples for the community who utilizes these resources. FISCAL IMPACT: All services conducted such as collection, testing, and reporting are 100% compensated by the awarded contract. FUNDING DETAIL: Fund: 1066 Health Grant Fund Organization/Activity: 831831 F /Texas General Land Office (GLO) Mission Element: 15 Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance GLO Contract No. 21-043-001 Presentation Ordinance authorizing acceptance and future amendments of Texas Beach Watch Program Grant for $140,000.00 from the Texas General Land Office (GLO) to provide beach water sampling in Nueces, Aransas, and San Patricio County under the Texas Beach Watch Program for the period of September 1, 2024, through August 31, 2025; and authorizing one existing FTE that is funded by this grant and appropriating $140,000.00 in the Health Grant Fund. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to enter into GLO Contract No. 25-018-000-E709 with the Texas General Land Office (GLO) for an amount not to exceed $140,000 to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program for the period September 1, 2024, through August 31, 2025, with two one-year options. SECTION 2. Funds in the amount of $140,000.00 are appropriated from the grant to the Health Grants Fund No. 1066 to provide beach water sampling in Nueces, Aransas, and San Patricio counties under the Texas Beach Watch Program for the period September 1, 2024, through August 31 , 2025; and authorizing one existing FTE. SECTION 3. The City Manager or designee is authorized to execute any future options or amendments to the Contract that extend the contract period or increase or decrease the amount of compensation. SECTION 4. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 LAND t a INTERLOCAL CONTRACT GLO Contract No. 25-018-000-E709 THE GENERAL LAND OFFICE ("the GLO") and CITY OF CORPUS CHRISTI, Texas Identification Number (TIN) 17460005741 ("Provider"), each a "Party" and collectively "the Parties," enter into the following contract for services (the "Contract")pursuant to the Cooperation Act, Chapter 791 of the Texas Government Code. I.DEFINITIONS/INTERPRETIVE PROVISIONS/PROJECT DESCRIPTION 1.01 DEFINITIONS "Administrative and Audit Regulations" means all applicable statutes, regulations, and other laws governing administration or audit of this Contract, which may include Title 2, Part 200, Code of Federal Regulations and Chapters 321 and 791 for interlocal of the Texas Government Code. "Attachment" means documents, terms, conditions, or additional information attached to this Contract following the execution page or expressly incorporated by reference within the body of this Contract. "Contract" means this entire document, along with any Attachments. "Deliverable" means a unit or increment of work to include, any item, report, data, document, photograph, or other submission required to be delivered under the terms of this Contract, in whatever form. "Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "Federal Assurances and Certifications" means Standard Form 424B (Rev. 7-97) (non- construction projects) or Standard Form 424D (Rev. 7-97) (construction projects), and U.S. Department of Commerce Form CD-512 (12-04), "Certifications Regarding Lobbying — Lower Tier Covered Transactions," attached hereto as Attachment B and incorporated herein for all purposes. "GAAP" means "generally accepted accounting principles." "GASB" means the Governmental Accounting Standards Board. "General Affirmations" means the statements, terms, and conditions attached hereto as Attachment C. To the extent they apply, Provider agrees to and affirms the General Affirmations. "Intellectual Property" means patents, rights to apply for patents, trademarks, trade names, service marks, domain names, copyrights, schematics, industrial models, inventions, know-how, trade secrets, computer software programs, other intangible GLO Contract No.25-018-000-E709 Page 1 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 proprietary information, and all federal, state, or international registrations or applications for any of the foregoing. "Project" means the services described in SECTION 1.03 of this Contract. "Public Information Act" means Chapter 552 of the Texas Government Code. "Subcontractor" means an individual or business that signs a contract, or enters into an agreement with Provider, to perform part or all of the obligations of Provider under this Contract. "Travel Regulations" means all applicable statutes, regulations, laws, and Comptroller guidance related to reimbursement for Provider's travel expenses, including: Title 34, Section 5.22, of the Texas Administrative Code; Chapter 660 of the Texas Government Code; the General Appropriations Act; and Textravel, the Comptroller's travel regulation guidance available on the Comptroller's website. "Work" means services to be performed or goods to be delivered, and any appurtenant actions performed and items produced, conceived, or developed,including but not limited to Deliverables,in the performance of the Project. 1.02 INTERPRETIVE PROVISIONS a) The meanings of defined terms apply to the singular and plural forms of the defined terms; b) The words "hereof," "herein," "hereunder," and similar words refer to this Contract as a whole and not to any particular provision, section, Attachment, work order, or schedule of this Contract unless otherwise specified; c) The term "including" means "including, without limitation." d) Unless otherwise expressly provided, references to contracts include subsequent amendments and other modifications thereto, to the extent such amendments and modifications are not prohibited by the terms of this Contract, and a reference to a statute or regulation includes statutory or regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation; e) The captions and headings of this Contract are for convenience of reference only and shall not affect the interpretation of this Contract; f) All Attachments to this Contract, including those incorporated by reference, and any amendments are considered part of the terms of this Contract; g) This Contract may use several limitations, regulations, or policies to regulate the same or similar matters and each such limitation, regulation, and policy is cumulative and shall be performed in accordance with its terms; h) Unless otherwise expressly provided, reference to any action of or by the GLO by way of consent, approval, or waiver is deemed modified by the phrase "in its/their sole discretion," however, the GLO shall not unreasonably withhold or delay any approval, consent, or waiver required or requested of it; i) Time is of the essence in this Contract; GLO Contract No.25-018-000-E709 Page 2 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 j) If this Contract and its Attachments conflict, such conflicts shall be resolved in the following order of precedence: first, the Contract; then attachments to the Contract in this order: Attachment A, Attachment B, and Attachment C. 1.04 PROJECT Provider shall perform or cause to be performed: collection and analysis of water samples from designated sampling stations in Aransas County, Nueces County, and San Patricio County, Texas, in accordance with the Quality Assurance Project Plan (QAPP), incorporated herein by reference in its entirety for all purposes, as if physically attached; and notification of the public of water quality advisories (the "Project"). Provider shall perform the Project in accordance with the Contract, Attachments, including the Work Plan, attached hereto as Attachment A, and the QAPP. 1.05 REPORTING REQUIREMENTS Provider must perform all tasks and submit all deliverables in accordance with the due dates and schedule in Attachment A. If Attachment A does not list a due date or schedule for a given task or deliverable, Provider must perform that task or submit that deliverable on or before the date specified by the GLO's Project Manager. 11.TERM 2.01 DURATION This Contract shall be effective as of September 1, 2024 and shall terminate on August 31, 2025. The Parties may renew the term of this Contract for up to two optional periods of one year each, by mutual written agreement. 2.02 EARLY TERMINATION FOR CONVENIENCE The GLO may terminate this Contract for convenience by giving written notice specifying a termination date at least 30 days subsequent to the date of the notice. Upon receipt of any such notice, Provider shall cease work, terminate all subcontracts, and incur no further expense related to this Contract. Such early termination shall be subject to the equitable settlement of the respective interests of the Parties, accrued up to the date of termination. 2.03 ABANDONMENT OR DEFAULT If Provider abandons work or defaults on the Contract and fails to cure the default within 30 days after receiving written notice of default, the GLO may terminate the Contract without notice. III.CONSIDERATION 3.01 CONTRACT LIMIT,FEES,AND EXPENSES The total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. Provider will be reimbursed $55.00 for each base sample submitted and $70.00 for each repeat sample required, if any, which includes pre-approved travel, pre-approved supplies, and all other pre- approved expenses related to the performance of the Project. 3.02 TRAVEL EXPENSES a) The GLO will not reimburse Provider for travel expenses of any kind without prior written GLO approval. The GLO will only reimburse travel expenses GLO Contract No.25-018-000-E709 Page 3 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 directly attributable to Provider's performance of this Contract at the rates established or adopted by the Comptroller of the State of Texas, as outlined in the Travel Regulations. b) Subject to the maximum Contract amount authorized herein and upon specific, prior, written approval by the GLO, lodging, travel, and other incidental direct expenses may be reimbursed under this Contract for professional or technical personnel who are working away from the cities in which they are permanently assigned and conducting business specifically authorized in the Work Plan in Attachment A. c) The limits for reimbursements are the rates established or adopted by the Comptroller, as outlined in the Travel Regulations. Provider understands and acknowledges that any travel-expense reimbursement by the GLO is not a per diem. The GLO will only reimburse actual, allowable expenses in accordance with the Travel Regulations. Provider must submit itemized receipts to support any request for travel-expense reimbursement. 3.03 INVOICES Invoices must: a) be submitted to vendorinvoices2glo.texas.gov; b) be supported by documentation (including, but not limited to, itemized receipts)that, in the judgment of the GLO, allows for full substantiation of the costs incurred; and c) prominently display GLO Contract Number 25-018-000-E709. 3.04 PAYMENT If Provider does not submit invoices in strict accordance with the instructions in this Contract, payment of invoices may be significantly delayed. The GLO shall not pay interest, fees, or other penalties for late payments resulting from Provider's failure to submit invoices in strict accordance with the instructions in this section. IV.AUTHORITY,AFFIRMATIONS,ASSURANCES,AND CERTIFICATIONS 4.01 REPRESENTATION OF AUTHORITY Provider, warrants that: (1) it has authority to perform the services described herein; and (2) the representative executing this Contract on its behalf is authorized by its governing body to do so. The GLO, warrants that: (1)it has the authority to contract for the services described herein; and (2) the representative executing this Contract on its behalf is authorized to do so. 4.02 GENERAL AFFIRMATIONS To the extent they apply, Provider certifies it has reviewed the General Affirmations in Attachment C, and that Provider is in compliance with all the requirements contained therein. 4.03 FEDERAL ASSURANCES AND CERTIFICATIONS To the extent they apply, Provider certifies it has reviewed the Federal Assurances and Certifications in Attachment B, and that Provider is in compliance with all the requirements GLO Contract No.25-018-000-E709 Page 4 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 contained therein. Provider certifies it is in compliance with all other applicable federal laws,rules,and regulations. 4.04 CERTIFICATIONS FOR INTERLOCAL CONTRACT Each Party certifies that this Contract is authorized by its respective governing body, as applicable, or is otherwise authorized under procedures for entering into interlocal contracts that do not require the approval of its governing body. Each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party. The Parties agree any contractual payment described in this Contract is in an amount that fairly compensates the performing Party for the services or functions performed under this Contract. V.STATE AND FEDERAL FUNDING 5.01 STATE FUNDING a) This Contract shall not be construed as creating any debt on behalf of the State of Texas and/or the GLO in violation of Article III, Section 49, of the Texas Constitution. In compliance with Article VIII, Section 6 of the Texas Constitution, all obligations of the GLO hereunder are subject to the availability of state funds. If such funds are not appropriated or become unavailable, this Contract may be terminated. In that event, the Parties shall be discharged from further obligations, subject to the equitable settlement of their respective interests, accrued up to the date of termination. b) Any claim by Provider for damages under this Contract may not exceed the amount of funds due and owing Provider or the amount of funds appropriated for payment, but not yet paid to Provider, under the annual budget in effect at the time of the breach. Nothing in this Contract shall be construed as a waiver of sovereign immunity. 5.02 RECAPTURE OF FUNDS The GLO may terminate the Contract and recapture and be reimbursed by Provider for any payments the GLO makes that: (i) exceed maximum allowable rates; (ii) are not allowed under applicable laws, rules, or regulations; or (iii) are otherwise inconsistent with this Contract, including any unapproved expenditures. 5.03 OVERPAYMENT Provider shall be liable to the GLO for any costs disallowed pursuant to financial or compliance audit(s) of funds Provider received under this Contract. Provider shall reimburse such disallowed costs from funds other than those Provider receives pursuant to this Contract. VI.OWNERSHIP AND INTELLECTUAL PROPERTY 6.01 OWNERSHIP AND INTELLECTUAL PROPERTY a) The GLO shall own, and Provider hereby irrevocably assigns to the GLO, all ownership rights, title, and interest in and to all Intellectual Property acquired or developed by Provider pursuant to this Contract, including, without limitation, all Intellectual Property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed by Provider under this Contract. The GLO may obtain and hold in its GLO Contract No.25-018-000-E709 Page 5 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 name any and all patents, copyrights, trademarks, service marks, registrations, or such other protections, including extensions and renewals thereof, as may be appropriate to the subject matter. Provider agrees and acknowledges that all expressive content subject to copyright protection, including, without limitation, all reports, drafts of reports, drawings, artwork, photographs, video, computer programs and codes, and/or any other expressive content acquired or developed by Provider pursuant to this Contract is a "work made for hire" under the United States Copyright Act of 1976. If, for any reason, any expressive content subject to copyright protection or any portion of such expressive content is not a work made for hire, Provider hereby irrevocably assigns to the GLO ownership of all rights, title and interest in and to such expressive content or such portion of such expressive content. Such rights, title, and interest include, without limitation, the entire and exclusive copyright in the expressive content and all rights associated with the copyright, including reproduction rights, distribution rights, the right to prepare translations and other derivative works, and the right to display the expressive content in all formats and media now known or developed in the future. b) Provider must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance and execute documents required to perfect the rights granted to the GLO herein, without any charge or expense beyond the stated amount payable to Provider for the services authorized under this Contract. VII.RECORDS,AUDIT,RETENTION,AND DISCLOSURE 7.01 BOOKS AND RECORDS Provider shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records sufficient to allow the GLO, the Texas State Auditor's Office, the United States Government, and/or their authorized representatives to determine Provider's compliance with this Contract and all applicable laws,rules, and regulations. 7.02 INSPECTION AND AUDIT a) All records related to this Contract, including records of Provider and its Subcontractors, shall be subject to the Administrative and Audit Regulations. b) The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. Acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. The Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, or any authorized representative of the U.S. Government shall also have this right of inspection. Provider shall ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Provider and the requirement to cooperate is included in any subcontract it awards. GLO Contract No.25-018-000-E709 Page 6 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 c) State agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include the GLO, the GLO's contracted examiners, the State Auditor's Office, the Texas Attorney General's Office, the Texas Comptroller of Public Accounts, and their authorized designees. With regard to any federal funding, federal agencies authorized to audit and inspect Provider, its records, subcontractors, and subcontractors' records include: the relevant federal agency(ies), the Office of the Comptroller General of the United States, the Government Accountability Office, the Office of Inspector General, and their authorized designees. 7.03 PERIOD OF RETENTION Each Party shall retain in its records this Contract and all documents related to this Contract. Unless a longer retention period is specified by applicable federal law or regulation, the Parties may destroy the Contract and related documents only after the seventh anniversary of the date: the Contract is completed or expires; or all issues that arise from any litigation, claim, negotiation, audit, open records request, administrative review, or other action involving the Contract or related documents are resolved. 7.04 CONFIDENTIALITY To the extent permitted by law, Provider and the GLO shall keep all information, in whatever form produced, prepared, observed, or received by Provider or the GLO, confidential to the extent that such information is: (a) confidential by law; (b) marked or designated "confidential" (or words to that effect) by Provider or the GLO; or (c) information that Provider or the GLO is otherwise required to keep confidential by this Contract. Provider must not advertise that it is doing business with the GLO, use this Contract as a marketing or sales tool, or make any communications or announcements relating to this Contract through press releases, social media, or other public relations efforts without the prior written consent of the GLO. 7.05 PUBLIC REcoRDs The GLO may post this Contract to the GLO's website. Provider understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Provider is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Provider believes to be excepted from disclosure as "confidential" or a "trade secret," Provider waives any and all claims it may make against the GLO for releasing such information without prior notice to Provider. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Provider shall notify the GLO's Office of General Counsel within twenty-four (24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegalkglo.texas.gov. If a request for information was not written, GLO Contract No.25-018-000-E709 Page 7 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Provider shall forward the third party's contact information to the above-designated e- mail address. VIII.MISCELLANEOUS PROVISIONS 8.01 INSURANCE Pursuant to Chapter 2259 of the Texas Government Code entitled, "Self-Insurance by Governmental Units," Provider is self-insured and, therefore, is not required to purchase insurance to perform its obligations under this Contract. 8.02 LEGAL OBLIGATIONS Provider shall procure and maintain for the duration of this Contract any license, authorization, insurance, waiver, permit, qualification, or certification required by federal, state, county, or city statute, ordinance, law, or regulation to be held by Provider to provide the goods or services required by this Contract. Provider shall pay all taxes, assessments, fees, premiums, permits, and licenses required by law. Provider shall pay any such government obligations not paid by its subcontractors during performance of this Contract. In its performance of the Contract, Provider shall not infringe the intellectual property rights of third parties. 8.03 ASSIGNMENT AND SUBCONTRACTS a) Provider shall not assign, transfer, or delegate any rights, obligations, or duties under this Contract without the prior written consent of the GLO. Any purported assignment executed in violation of the foregoing is void and without effect. Notwithstanding this provision, Provider may subcontract with others for some or all of the services to be performed. In any approved subcontracts, Provider shall legally bind such subcontractor to perform and make such subcontractor subject to all the duties, requirements, and obligations of Provider as specified in this Contract. Nothing in this Contract shall be construed to relieve Provider of the responsibility for ensuring that the goods delivered and/or the services rendered by Provider and/or any of its subcontractors comply with all the terms and provisions of this Contract. b) Provider will provide written notification to the GLO of any such subcontractor performing fifteen percent (15%) or more of the work under this Contract, including the name and taxpayer identification number of subcontractor, the task(s) being performed, and the number of subcontractor employees expected to work on the task. 8.04 RELATIONSHIP OF THE PARTIES Provider is associated with the GLO only for the purposes and to the extent specified in this Contract. Provider is and shall be an independent contractor and, subject only to the terms of this Contract, shall have the sole right to supervise, manage, operate, control, and direct performance of the details incident to its duties under this Contract. Nothing contained in this Contract creates a partnership or joint venture, employer-employee or principal-agent relationships, or any liability whatsoever with respect to the indebtedness, liabilities, or obligations of Provider or any other Party. Provider shall be solely responsible for, and the GLO shall have no obligation with respect to: withholding of income taxes, FICA, or any other taxes or fees; industrial or workers' compensation insurance coverage; participation in any group insurance plans available to employees of the State of Texas; participation or GLO Contract No.25-018-000-E709 Page 8 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 contributions by the State to the State Employees Retirement System; accumulation of vacation leave or sick leave; or unemployment compensation coverage provided by the State. 8.05 COMPLIANCE WITH OTHER LAWS In its performance of this Contract, Provider shall comply with all applicable federal, state, county, and city laws, statutes, ordinances, and regulations. Provider is deemed to know of and understand all applicable laws, statutes, ordinances, and regulations. 8.06 NOTICES Any notices required under this Contract shall be deemed delivered when deposited either in the United States mail, postage paid, certified, return receipt requested; or with a common carrier, overnight, signature required,to the appropriate address below: GLO Texas General Land Office 1700 N. Congress Avenue,Mail Code 158 Austin, TX 78701 Attention: Contract Management Division Provider City of Corpus Christi 1201 Leopard Corpus Christi, TX 78401 Attention: Laboratory Manager Notice given in any other manner shall be deemed effective only if and when received by the Party to be notified. Either Party may change its address for notice by written notice to the other Party as herein provided. 8.07 GOVERNING LAW AND VENUE This Contract and the rights and obligations of the Parties hereto shall be governed by, and construed according to, the laws of the State of Texas, exclusive of conflicts of law provisions. Venue of any suit brought under this Contract shall be in a court of competent jurisdiction in Travis County, Texas. Provider irrevocably waives any objection, including any objection to personal jurisdiction, the laying of venue, or based on forum non conveniens, it has or may have to the bringing of any action or proceeding in such jurisdiction in respect of this Contract or any related document. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR THE STATE OF TEXAS. 8.08 SEVERABILITY If a court of competent jurisdiction determines any provision of this Contract is invalid, void, or unenforceable, the remaining terms, provisions, covenants, and conditions of this Contract shall remain in full force and effect, and shall in no way be affected, impaired, or invalidated. 8.09 FORCE MAJEURE Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; GLO Contract No.25-018-000-E709 Page 9 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 any valid order, rule, or regulation of governmental authority; or similar events that are beyond the control of the affected Parry (collectively referred to as a "Force Majeure"), then,while so prevented,the affected Party's obligation to comply with such covenant shall be suspended, and the affected Party shall not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure shall promptly notify the other Party of the Force Majeure event in writing and, if possible, such notice shall set forth the extent and duration thereof. The Parry claiming Force Majeure shall exercise due diligence to prevent, eliminate, or overcome such Force Majeure event where it is possible to do so and shall resume performance at the earliest possible date. However, if non-performance continues for more than thirty (30) days, the GLO may terminate this Contract immediately upon written notification to Provider. 8.10 ENTIRE CONTRACT AND AMENDMENT This Contract, its Attachments, and any Work Order issued under this Contract constitute the entire agreement of the Parties and are intended as a complete and exclusive statement of the promises, representations, negotiations, discussions, and other agreements made in connection with the subject matter hereof. Additional or conflicting terms in Attachments or Work Orders shall be harmonized with this Contract to the extent possible. Unless such integrated Attachment or Work Order specifically displays a mutual intent to amend part of this Contract, conflicts shall be construed consistently with the terms of this Contract. This Contract, its Attachments, and any Work Orders issued under this Contract may only be amended by a mutual, written agreement executed by authorized representatives of the Parties. 8.11 COUNTERPARTS This Contract may be executed in any number of counterparts, each of which shall be an original, and all such counterparts shall together constitute one and the same Contract. 8.12 PROPER AUTHORITY Each Parry represents and warrants that the person executing this Contract on its behalf has the authority to enter into this Contract. This Contract is effective for the term specified herein. Any services Provider performs before this Contract's effective date or after its termination or expiration are performed at Provider's sole risk. 8.13 TAXES,WORKERS' COMPENSATION,UNEMPLOYMENT INSURANCE Provider shall be solely liable and responsible for payment of Provider's and Provider's employees' taxes of whatever kind, arising out of the execution or performance of the Contract. Provider shall comply with all state and federal laws applicable to any such persons, including laws regarding wages, taxes, insurance, and workers' compensation. The GLO and the State of Texas, by entering into this Contract, shall not be liable to Provider or its officers, agents, employees, representatives, contractors, assignees, designees, or others for the payment of taxes, or the provision of unemployment insurance, workers' compensation, or any benefit available to a state employee or employee of another governmental entity. 8.14 INDEMNIFICATION As required under the Constitution and laws of the State of Texas, each Parry understands that it is solely liable for any liability resulting from its acts or omissions.No act or omission GLO Contract No.25-018-000-E709 Page 10 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 of a Party shall be imputed to the other Parry. Neither Party shall indemnify or defend the other Party. 8.15 INFRINGEMENT If Provider becomes aware of an actual or potential claim of infringement of any United States patent, copyright, trade or service mark, or any other intellectual or intangible property right that occurs in the execution or performance of the Contract, or the GLO provides Provider with notice of such claim, Provider may (or in the case of an injunction against the GLO, shall), at Provider's sole expense either: (i) procure for the GLO the right to continue to use the affected portion of the product or service, or (ii) modify or replace the affected portion of the product or service with a functionally equivalent or superior product or service so that the GLO's use is non-infringing. 8.16 DISPUTE RESOLUTION Except as otherwise provided by statute, rule or regulation, Provider shall use the dispute resolution process established in Chapter 2260 of the Texas Government Code and related rules to attempt to resolve any dispute under this Contract, including a claim for breach of contract by the GLO, that the Parties cannot resolve in the ordinary course of business. Neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of such a claim constitutes grounds for Provider to suspend performance of this Contract. Notwithstanding this provision, the GLO reserves all legal and equitable rights and remedies available to it. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO. 8.17 SURVIVAL OF TERMS AND PROVISIONS The terms and conditions of this Contract related to the following subjects shall survive the termination of this Contract: definitions; interpretation; warranties; affirmations; prohibition on debts created on behalf of the State of Texas and/or the GLO; limitation of any Provider claim for damages to the amount of funds appropriated for payment but not yet paid to Provider; ownership; intellectual property; books and records; inspection and audit; records retention period; confidentiality; public records; insurance; taxes; workers' compensation; unemployment insurance; Provider's obligation to procure and maintain, at its sole expense, all government licenses, authorizations, insurance, waivers, permits, and/or qualifications necessary for Provider or any subcontractors to provide the goods or services described in this Contract; indemnity; assignment and subcontracting; relationship of the Parties; compliance with laws; notices; governing law and venue; severability; dispute resolution; merger and integration; invoice and fee verification; property rights; default; and amendment. SIGNATURE PAGE FOLLOWS GLO Contract No.25-018-000-E709 Page 11 of 11 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 SIGNATURE PAGE FOR GLO CONTRACT No.25-018-000-E709 GENERAL LAND OFFICE CITY OF CORPUS CHRISTI Jennifer G.Jones Name: Chief Clerk and Deputy Land Commissioner Title: Date of execution: Date of execution: OGC PM MGR DIE DD SDD DGC h115 GC 9� ATTACHMENTS TO THIS CONTRACT: ATTACHMENT A-WORK PLAN ATTACHMENT B-FEDERAL ASSURANCES ATTACHMENT C-GENERAL AFFIRMATIONS ATTACHMENTS FOLLOW Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 1 of 7 BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with City of Corpus Christi (Provider) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P. O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this Work Plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com. II. SAMPLING STATIONS AND SCHEDULE. All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, for Aransas County, Nueces County, and San Patricio County shall be collected by Corpus Christi-Nueces County Public Health District over 42 sampling weeks between September 1, 2024 and August 31, 2025. Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two feet (-2 ft.) or knee depth. The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet. If this occurs samples may be collected at the location of greatest swimmer activity; or • The two-foot sampling depth occurs more than 50 meters from shore. If the two-foot sampling depth occurs more than 50 meters from the shore,samples may be collected at 50 meters from shore or at the location of greatest swimmer activity. The distance shall be measured from the approximate water line at the time of sampling. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 2 of 7 Sampling Schedule. Exhibit 1 lists the weeks when sampling will be conducted. Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample collection days. This schedule allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period; however, prior approval from the Beach Watch Coordinator is required. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using membrane-Enterococcus Indoxyl-$-D-Glucoside Agar (mEI) Dec 2009 (https://www.epa.gov/sites/default/files/2015-08/documents/method 1600 2009.pdf or the IDEXX EnterolertT"°system. The local contractor or designated laboratory shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract, the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. If the Provider is tasked with preparing water samples collected for QPCR analysis,the Provider will follow the following steps. PRE-PROCESSING OF WATER SAMPLES FOR QUANTITATIVE PCR* 1.0 Laboratory Organization, Equipment, and Supplies 1.1 Disposable membrane filtration units (filter base, polycarbonate filter [0.4 [tm] with 47 mm diameter, and 100 mL capacity funnel), individually bagged, and gamma-irradiated (Pall MicroFunnelsTM filter funnels FMFNL1050 or equivalent) 1.2 Line vacuum, electric vacuum pump, or aspirator for use as a vacuum source. In an emergency or in the field, a hand pump or a syringe equipped with a check valve to prevent the return flow of air can be used. 1.3 Flask, filter, vacuum, usually 1 L,with appropriate tubing 1.4 Filter manifold to hold a number of filter bases 1.5 Flask for safety trap placed between the filter flask and the vacuum source 1.6 Polycarbonate membrane filters, white, 47 mm diameter, with 0.45 µm pore size (Millipore HTTP04700 or equivalent).Note:These filters will not be needed if Pall MicroFunnelsTm filter funnels FMFNL1050 (See 1.1) are used because polycarbonate membrane filters are supplied with funnel assembly. 1.7 Stainless steel forceps, straight or curved, with smooth tips to handle filters without damage, 2 pairs 1.8 Permanent ink marking pen for labeling tubes 1.9 Optional:Glass filter assembly to be used in conjunction with item 1.6 or use item 1.1 to replace both of these. Assembly consists of filter base that connects to item 1.4, glass funnel and locking clamp to hold the two together. 1.10 Sterile transfer pipette. 1.11 Sterile, DNA-and DNase-free 5 mL plastic tubes (Qiagen 30122348 or equivalent) 1.12 Freezer, -20°C or-80°C(storage of filters); if-20°C freezer used, make sure it is a manual defrost freezer. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 3 of 7 2.0 Reagents and Standards 2.1 PCR-grade water (OmniPur water [VWR EM-9610 or equivalent]). Water must be DNA/DNase free. 3.0 Procedure 3.1 Environmental water sample filtration and method blank(MB) preparation Note:100 mL of each environmental water sample is the preferred amount to be filtered, minimum of 50 mL is acceptable. One MB sample should also be filtered with every batch of environmental watersamples. The MB should be processed after environmental watersamples for each of the steps described below. 3.1.1 Place a fresh membrane filtration funnel assembly (Section 1.1) on the filter base or a clean filter assembly (Section 1.9). Note: If using a disposable filtration unit, confirm that the unit contains the correct filter type—replace if necessary. (Section 1.6) 3.1.2 Shake the environmental water sample bottle vigorously 25 times to distribute the bacteria uniformly, and measure 100 mL of the environmental water sample using the graduated markings on the funnel or a sterile transfer pipette. Filter sample.Note:If less than 100 mL of sample is available or if filter clogs, record actual volume filtered on sample form. 3.1.3 After filtering the sample, turn off the vacuum. 3.1.4 Label a storage tube (Section 1.11) to identify environmental water sample. Remove the funnel from the filter base. Using sterile forceps, fold filter into a cylinder with the sample side facing inward, being careful to handle the filter only on the edges, where the filter has not been exposed to the environmental water sample. Insert the rolled filter into the labeled storage tube. Note: If using a reusable glass filter assembly, it will need to be sterilized between samples. To do this, place the glass funnel upside down on a ceramic tile and apply a generous amount of isopropyl alcohol or ethanol to the funnel and the filtration base. Allow the a few seconds of contact time and then light the alcohol with a flame and using metal tongs or forceps lift the funnel to ensure all the surface area has contact with the flame and is sterilized. Once the flame has extinguished and the assembly has cooled it, is ready for use. 3.1.5 Filter the remaining environmental water samples and place filters in labeled storage tubes (Section 3.1.4). Filter MB samples (100 mL PCR-grade water, Section 2.1) and place filters in labeled storage tubes (Section 3.1.4). 3.1.6 Store tubes containing folded filters at -80°C (-20°C manual defrost freezer okay) until shipment to lab for DNA extraction and purification. *Procedures adapted from: USEPA (2019) Method 1696: Characterization of Human Fecal Pollution in Water by HF183/BacR287 TagMan°Quantitative Polymerase Chain Reaction (gPCR) Assay. EPA 821-R19- 002. Washington, DC. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 4 of 7 • Sample bottles —The bacteriological samples will be collected in polypropylene bottles at least 125 milliliters(ml) but no more than 1000 ml to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice to keep samples cool • Labels for sample bottles(Use waterproof adhesive labels.) • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator. Sample Collection Training. Trained individuals shall perform the collection of samples. A brief description of the training of the individuals must be provided to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the CAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required, or on the bottle label and on a field log sheet. 2. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 3. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 4. The first sample to be prepared is the trip blank(at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 5. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 6. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 5 of 7 be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 7. Remove the bottle from the water body. 8. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 9. Tightly close the stopper. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. Field Split Sampling:A field split is a single sample subdivided by field staff immediately following collection and submitted to the laboratory as two separate, identified samples.Split samples are preserved, handled, shipped, and analyzed identically and are used to assess variability or related to special project sampling.When collecting water samples for a field split,collect water samples in a sterile, unused 1000ml container. • Using the 1000ml container, follow the above sample collection procedure using steps 4- 8. • Prepare pre-labeled 125ml bottles from the above step 1 by placing them on a stable, flat surface. Ensure the bottle caps are not contaminated by placing them with the threads facing up. • While keeping the 1000ml lid affixed, vigorously shake the bottle for 10 seconds, ensuring any particulates are suspended in the sample. • In rapid succession, remove the lid and pour contents into the two separately prepared 125ml containers,then immediately place the caps on. Depending on technique and timing, additional swirling of the 1000ml during this process may be needed to ensure particulates remain suspended. • Follow steps 11-12 in the above procedure. 14. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 6 of 7 • Sample letters and station number as identified in Appendix C of the CAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice may be added during the sampling day. Sampling Documentation. A FOF must be completed for each station. Multiple stations may be included on a single FOF if all the data is the same. A copy of a completed FOF must be provided to the designated laboratory(if different than the Provider). The Provider shall retain all FOFs. Data from the FOFs must be submitted electronically, once a month, in a spreadsheet format supplied by the Beach Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(sargassum, dead fish, flood debris, etc.) • Debris on beach (sargassum, algae, flood debris, trash, tar balls.) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the CAPP for CA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. Public Advisory. If the Provider is a local government,the local government will be responsible for issuing a public advisory and advisory signs must be posted. Failure to post the signs will result in immediate termination of the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. VI. DATA ENTRY The Provider through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm) must submit sampling results. Data must be entered into the website within one hour of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment A GLO Contract No.25-018-000-E709 Page 7 of 7 occur that preclude entering the data within one hour, the Provider shall notify the Beach Watch Coordinator by any means possible. The Provider will complete a QA/QC weekly data check report and submit it to the TBW Project Manager through email by 10 am the day after results are submitted. TBW QA/QC weekly data check Date sample collection date Number of samples collected total use the email that does not have Number of samples in highlighted colors to account for field notification email dupes. List of results not entered into database. Include Date, Site ID, result, and time Missing Data collected List of results that need to be deleted. Duplicate data Include Site ID and Date VII. DELIVERABLES 1. Budget breakdown by category Due Date: 09/30/2024 2. Review Sign and Return QAPP Due Date: 10/31/2024 3. Inventory of signs. Include location and photos Due Date: 11/31/2024 4. Reimbursement requests Due Date: Monthly 5. Field Observation Forms Due Date: Monthly Vill. SPECIAL CONDITIONS 1. This project must be completed as described in this Work Plan. 2. The GLO must approve any changes in the Work Plan. 3. The GLO must approve any budget category revisions per Exhibit 3. 4. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 5. The contractor must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in any media related communications for this project Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 1 GLO Contract No.25-018-000-E709 Page 1 of 2 EXHIBIT 1 Sampling Schedule Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 1 GLO Contract No.25-018-000-E709 Page 2 of 2 Sampling Schedule September 1,2024 through August 31,2025 Sample Week Sample Event # Sample Week Sample Event # 09/02/2024 Yes 1 03/03/2025 Yes 18 09/9/2024 Yes 2 03/10/2025 Yes 19 09/16/2024 Yes 3 03/17/2025 Yes 20 09/23/2024 Yes 4 03/24/2025 Yes 21 09/30/2024 Yes 5 03/31/2025 Yes 22 10/07/2024 Yes 6 04/07/2025 No 10/14/2024 Yes 7 04/14/2025 Yes 23 10/21/2024 Yes 8 04/21/2025 No 10/28/2024 Yes 9 04/28/2025 Yes 24 11/04/2024 Yes 10 05/05/2025 Yes 25 11/11/2024 No 05/12/2025 Yes 26 11/18/2024 Yes 11 05/19/2025 Yes 27 11/25/2024 No 05/26/2025 Yes 28 12/02/2024 Yes 12 06/02/2025 Yes 29 12/09/2024 No 06/09/2025 Yes 30 12/16/2024 Yes 13 06/16/2025 Yes 31 12/23/2024 No 06/23/2025 Yes 32 12/30/2025 No 06/30/2025 Yes 33 01/06/2025 Yes 14 07/07/2025 Yes 34 01/13/2025 No 07/14/2025 Yes 35 01/20/2025 Yes 15 07/21/2025 Yes 36 01/27/2025 No 07/28/2025 Yes 37 02/03/2025 No 08/04/2025 Yes 38 02/10/2025 Yes 16 08/11/2025 Yes 39 02/17/2025 No 08/18/2025 Yes 40 02/24/2025 Yes 17 08/26/2025 Yes 41 08/30/2025 Yes 42 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 1 of 3 EXHIBIT 2 Field Observation Form Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 2 of 3 G�N,RAL j. ryry-' ;;r m BEACH WATCH FIELD OBSERVATION . 7 .com TEXAS GENERAL LAND OFFICE e'g Date: { f Field Technician: Laboratory Recipient: Start Time Time Delivered End Time DeliveryTemperatUre Water Surface: 1-Calm 2-Ripples 3-Chop 4-Swells 5-Other Clarity: 1-Clear 2-Cloudy 3-Turbid Water Color: 1-Md. Brown 2-Dk Brown 3-Red Brown 4-Green Brown 5-Yellow Brown 6-Blue Green 7-Blue Tide: 1-High 2-Low 3-Ebb 4-Flood 5-Other Trash: 1-Light 2-Medium 3-Heavy 0-None Smell: 1-Sewage 2-Oily 3-Fishy 4-Rotten Egg 5-Other 0-None Debris: 1- Shells 2-Dead Fish 3-Dead Crabs 4-Other(See Comments) 0-None Sargassum: 1-Light 2-Medium 3-Heavy 0-None Algae/Seaweed: 1-Light 2-Medium 3-Heavy 0-None Rip Current: 1-Advisory 0- No Advisory (See Lifeguard Flags) Docusign Envelope ID:964A771 B-8452-43C3-97OB-C105F81339486 Exhibit 2 GLO Contract No.25-018-000-E709 Page 3 of 3 Field Observation r ® Water Surface: O Calm 0 Ripples 11 Chop O Swells 0 Other Smell: 0 Sewage OOily @ Fishy O Rotten Egg 0Other 0 None Clarity: 0 Clear 0 Cloudy O Tuibid Debris: 0 Shells 0 Dead Fish 0 Dead Crabs 0 other(See comments) 0 None Water Colon O Md.Brown 0 D.Brawn O Red Brown 0 Green Brown D Yellow Brown sargassurrr: 0 Light 0 Medium 0 Heavy 0 None 0 Blue Green 7.Other Rip Current: 0 Advisory 0 No Advisory(See Life guard flags) Tide. 0 High 0 Low 0 Ebb O Flood 0 Other Algae/Seaweed: 0 Light O Medium @ Heavy 0 None Trash: 0 Light B Medium 0 Heavy 0 None SAMPLE SITE BEACH SEGMENT ID 'OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY ppt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY TIME Chi CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL IaonL 0 TIME FISH 0 SMELL 0 14ATER SURF 24 HRS ❑ ft5qM& ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP -F ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY ppt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME Cfu1 CRAB 0 JELLYFISH 0 WIND SPD RAINFALL 100nL TIME FISH 0 SMELL 0 14ATER SURF 24 HRS ❑ &q5N3Pj% ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGF CORRECT El NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY put START ENTERO RESULTS SARGASSUM 0 BIRDS WIND DIR TURBIDITY 0 TIME &I I CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL 140nL TIME FISH 0 SMELL 0 l4ATER SURF 24 HRS ❑ ft5qM& ❑ DUP TRASH 0 RIPCUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 1 of 10 EXHIBIT 3 TBW Administrative and Financial Guidance Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 2 of 10 TEXAS BEACH WATCH ADMINISTRATIVE &FINANCIAL GUIDANCE EPA-FUNDED PROJECTS TABLE OF CONTENTS: Pre-Contract Execution ..............................................................................................................3 WorkPlan Development............................................................................................................3 Contracting.................................................................................................................................3 Kick-Off Call .............................................................................................................................3 Post-Contract Execution.............................................................................................................4 Subrecipient Grant Agreement ..................................................................................................4 Reporting....................................................................................................................................4 ContractAmendments ...............................................................................................................4 Acknowledgement of TBW Funds............................................................................................5 Performance Monitoring, Evaluations and Risk Assessment....................................................5 SiteVisits...................................................................................................................................5 Geographic Information Systems Data Products.......................................................................5 IntellectualProperty...................................................................................................................6 AuditCompliance......................................................................................................................6 Periodof Retention....................................................................................................................6 EPA-FUNDED PROJECTS -FINANCIAL REQUIREMENTS...............................................7 GeneralRequirements.................................................................................................................7 Financial Assistance Standard Terms and Conditions...............................................................7 Invoices and Reimbursements ...................................................................................................7 Unallowablecosts......................................................................................................................8 Withholding...............................................................................................................................8 TBWBudget Categories .............................................................................................................8 Salary.........................................................................................................................................8 Fringe.........................................................................................................................................8 Travel.........................................................................................................................................8 Supplies......................................................................................................................................9 Equipment..................................................................................................................................9 Contractual-------------------------------------------------------------------------------- ---------------- ---------------.................9 Other---------------------------------------------------------------------------------------------------------------------------------------- 10 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 3 of 10 TEXAS BEACH WATCH EPA-FUNDED PROJECT ADMINISTRATIVE EXPECTATIONS Pre-Contract Execution Work Plan Development Upon notification of contract continuation in June 2024,the Texas General Land Office Texas Beach Watch program(TBW)project manager will begin working with City of Corpus to develop the work plan and budget. TBW will help ensure the project produces deliverables consistent with the BEACH Act of 2000. As part of the work plan development,the TBW project manager will work with applicants to create a detailed budget narrative.The budget narrative is a breakdown of how the project intends to spend TBW funds under each budget category. City of Corpus will only be authorized to use project funds on items included in the budget narrative. If City of Corpus would like to use project funds on an item not included in the mutually agreed upon budget narrative once the project begins,the applicant will need to first request approval from the TBW project manager. Please note, funding is not guaranteed for a TBW project until City of Corpus and TBW staff come to a mutually agreed upon work plan, budget narrative, all required supporting documentation is submitted, and a final contract is executed. If a project work plan cannot be agreed upon or if eligibility issues are uncovered during TBW staff review of the supporting documentation,the funding invitation will be withdrawn. The agreed upon work plan and budget narrative should not be altered or amended after receipt of the final funding notification to ensure timely execution of the grant award. Contracting TBW funds are available for use starting September 1,2024.However,subrecipients cannot start work on their project until the GLO contract is fully executed,meaning all GLO and subrecipient signatures are secured.The GLO will not reimburse any work that occurs prior to the contract effective date. The GLO strives to maintain uniformity and fairness in its treatment of all subrecipients. Using standard and unvarying language in contracts ensures each subrecipient is treated equitably and allows management of contracts to be streamlined and consistent. The GLO will not accept revisions to the contract or its attachments, except as necessary to correct errors or accurately reflect legal requirements and limitations. Kick-Off Call The GLO will host a kick-off call with the subrecipient in August 2024 to go over the project work plan,budget, deliverables, due dates, and project expectations prior to contract execution. Subrecipients are highly encouraged to ask questions and bring up concerns,as needed. Subrecipient kick-off call attendees should include the project manager,the financial reporter and anyone else pertinent to the success of the project. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 4 of 10 Post-Contract Execution The GLO expects the subrecipient project manager to maintain clear and open communication with the TBW project management staff throughout the grant award period.Adhering to the project's timeframe(12-months) is paramount. Subrecipient Grant Agreement TBW grant funding is provided through the issuance of a binding and enforceable contract between the subrecipient and the GLO. This contract, called a subrecipient grant agreement, sets forth the terms and conditions of the grant to the subrecipient,and includes other contract documents governing the grant,such as the approved project work plan and budget. The subrecipient is legally responsible for successfully completing each task and producing each project deliverable as specified in the approved work plan.If the funding amount approved for a task is underestimated, the subrecipient is responsible for providing any additional funding needed to complete the project as approved. Reporting TBW sample summary reports and reimbursement requests are due on or before the tenth day of the month following the reporting period. TBW sample summary reports should be completed on the provided standard template form, which includes a description of each task's status, major accomplishments for the reporting period, deliverable/milestone completion/submission dates, obstacles encountered, a description of plans for the next reporting period,and a list of personnel that worked on the grant activities during the reporting period. If a task has not started,this should be noted in the progress report. Reimbursement request requirements are detailed below in the financial requirements. Subrecipients will submit TBW sample summary reports,deliverables,and reimbursement requests to the GLO via the vendorinvoiceskglo.texas.gov and lucy.flores&glo.texas.gov monthly. Reporting frequency is determined by project and entity type.Reporting frequency requirements are denoted in the project work plan, which will be contained in Attachment A of the subrecipient grant agreement. Reimbursement requests must be submitted with progress reports every month or quarter,even if they contain a$0 request. Progress reports,deliverables and reimbursement requests should be submitted on or ahead of the date specified in the work plan. If a delay is anticipated,the subrecipient should email the TBW project manager notifying them of the impending delay. Contract Amendments Informal contract amendments are amendments that do not substantively change the project scope or outcome (e.g.,changes to deliverable and task due dates within the 12-month contract period and budget revisions that do not increase or decrease the project budget). Subrecipients must submit a written request for an informal contract amendment to the GLO independent of routine progress reports. For budget revisions that do not change the overall budget, subrecipients must submit a completed Budget Amendment form. The form is available upon request. Formal contract amendments include changes to the project scope,increases or decreases to the project budget, and extensions to the project duration beyond the 12-month contract period.For Subrecipients must submit a Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 5 of 10 written request with acceptable justification to the GLO for consideration at least 90 days prior to the expiration of the contract. Subrecipients may request a contract extension provided additional time is required for the successful completion of the project and the term of the contract does not extend beyond the Federal Award period.Note,requests will be considered on a case-by-case basis and can potentially impact future funding considerations. Subrecipients must fulfill tasks as described in the subrecipient grant agreement as projects are awarded based on the information provided in the original application. Substantive modifications to the contract tasks,budget,or deliverables may require EPA review and approval. Acknowledgement of TBW Funds Publications, materials, and permanent signage produced with grant funding must include the required acknowledgement statements as well as the EPA, GLO and TBW logos. Acknowledgement language is provided in the subrecipient grant agreement.Reports,papers,requests for proposals,and bid solicitations must provide the acknowledgement statement and the EPA,GLO and TBW logos on the front cover or title page of the document. Performance Monitoring,Evaluations and Risk Assessment To ensure compliance with expectations, GLO staff will provide the subrecipient with a "Project Monitoring and Review Timeline"at the beginning of the grant contract.The timeline will detail how TBW staff will review, audit, and assess a project's compliance during the grant and provide information on the consequences of non-compliance. Please note, adherence to this schedule can play a role in securing future grant funding. The GLO will perform quarterly project evaluations and annual risk assessments. These mechanisms will be used by GLO staff to identify contracts that may need additional monitoring and/or oversight and identify areas of risk. Additional monitoring activities may include telephone calls, meetings, desk reviews and site visits. Subrecipients will be notified in writing if non-compliance issues are identified during either the quarterly or annual reviews. Site Visits The GLO will conduct at least one site visit during the grant period for TBW projects. Subrecipients must provide the GLO or other agencies of the state or federal government reasonable access to the site for project monitoring. Geographic Information Systems Data Products Data,databases,and products associated with electronic Geographic Information Systems(GIS)that have been collected,manipulated,or purchased with TBW grant funds will be subject to all applicable terms of the Texas Administrative Code(TAC)Rule §205.10, State Agency Geographic Information Standards (texreg.sos.state.tx.us/public/readtac$sub.ListRe isg ter?p_reg_id=288527). Any GIS data to be transferred or exchanged that is collected,manipulated,or purchased with funds from this contract must be documented as specified in the Federal Geographic Data Committee's (FGDC) Content Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 6 of 10 Standard for Digital Geospatial Metadata (CSDGM). The federal metadata standard is available online at www.fadc.gov/metadata/csdgm. Any electronic spatial data collected, manipulated, or purchased with TBW grant funds and/or local match funds shall be transferred in a mutually acceptable GIS format, along with appropriate documentation. Non- spatial data deliverables (textual, spreadsheet, database, etc.) must be delivered in standard text, image, or database formats,and on mutually acceptable delivery media.All applicants are expected to comply with these guidelines.An applicant who cannot comply with these guidelines must provide a written justification detailing why an exception is warranted. Intellectual Property Subject to the rights of the federal government,the GLO will own,and the subrecipient must irrevocably assign to the GLO,all ownership right,title, and interest in and to all intellectual property acquired or developed by the subrecipient in connection with the TBW grant,including without limitation all intellectual property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed by the subrecipient in connection with the TBW grant. The GLO will have the right to obtain and to hold in its name all patents, copyrights,trademarks, service marks,registrations, or such other protection as may be appropriate to the subject matter, including extensions and renewals. Subrecipients must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas,all assistance and execute such documents,as required to perfect the intellectual property rights granted to the GLO without any additional charge or expense. Audit Compliance Subrecipients who expend$750,000 or more in federal awards during a fiscal year must obtain an annual audit and comply with audit requirements set forth in 2 C.F.R.Part 200, Subpart F. Subrecipients who are under this threshold must submit a completed Audit Reporting Form within 60 days of the end of their fiscal year. The Audit Reporting Form can be found attached to your contract. Entities, such as state agencies and institutions of higher education,subject to the statewide single audit are not required to submit the Audit Reporting Form. All Subrecipients are subject to audit.Subrecipients selected for audit must provide the GLO and other agencies of the state and federal government reasonable access to the project site and to project records.Project records and deliverables are subject to the state and federal administrative and audit regulations,including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200). Period of Retention Unless applicable federal laws or regulations specify a longer retention period, Subrecipients are required by state law to retain project files for a seven-year period following the official grant award closeout date or until final audit resolution is reached.Following closeout,subrecipients will receive a letter from the GLO specifying the period of retention for the grant award. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 7 of 10 EPA-FUNDED PROJECTS-FINANCIAL REQUIREMENTS General Requirements Financial Assistance Standard Terms and Conditions Subrecipients must comply with the Department of Commerce Financial Assistance Standard Terms and Conditions, including the Office of Management and Budget(OMB)Uniform Guidance (2 C.F.R. Part 200) and all associated Terms and Conditions. Subrecipients should refer to 2 C.F.R. § 200.101(b)(1)to determine the applicability of 2 C.F.R.Part 200 and 2 C.F.R. § 200.330 (Subrecipient and contractor determinations) through § 200.332, (Subrecipient monitoring and management).The Standard Terms and Conditions is available on the GLO website. Subrecipients should review and understand the Subrecipient grant agreement requirements and all applicable state and/or federal assurances, certifications, OMB rules,Uniform Management Grant Standards and travel rules and guidelines,including the following: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200) • Assurances for Non-construction(SF424B)/Construction Projects (SF-424D) • Certifications regarding Debarment, Suspension, and other Responsibility Matters; Drug Free Workplace Requirements and Lobbying(CD-511) • Certifications regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion — Lower Tier Transactions(CD-512) • State of Texas Travel Guidelines (TexTravel) - https://finx.cpa.state.tx.us/fmx/travel/textravel/index.php Invoices and Reimbursements TBW is a reimbursement-based grant program.The Subrecipient is expected to make the initial outlays for the project. The GLO will only reimburse the Subrecipient for allowable,budgeted expenses. Any costs incurred prior to the effective date or after the termination or expiration of the Subrecipient grant agreement are not eligible for reimbursement unless agreed upon by the GLO and City of Corpus. Payments are directly linked to grant performance and may be withheld if project schedules are not met and/or deliverables are not submitted. Subrecipients are required to submit reimbursement requests and documentation for local and third-party match with the corresponding progress report on or before the 10th day of the month following the reporting period. Reimbursement requests should be submitted to Vendorinvoiceskglo.texas.gov, Gloria.mgMardkRlo.texas.gov and Lucy.Floreskglo.texas.gov. _If a subrecipient does not incur expenses during the reporting period, a $0 invoice should still be submitted. For the final invoice, documentation for reimbursement requests must be submitted within 60 days from the date the expense is incurred. Invoices must be submitted on the approved GLO forms. Subrecipients must include documentation that adequately supports the expenses.Documentation of direct costs must be acceptable to the GLO.Subrecipients should be set up for direct deposit for reimbursements. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 8 of 10 Unallowable costs Unallowable costs, as defined in 2 C.F.R. Part 200, Subpart E — Cost Principles, are ineligible for reimbursement Unallowable costs include, but are not limited to, costs related to alcohol, contingency, entertainment,fundraising, sponsorship,tips,and any staff or program not directly related to TBW activities. The reimbursement of administrative costs is prohibited. Withholding To ensure completion of the project in accordance with the subrecipient grant agreement, the GLO may withhold an amount equal to five percent (5%) of the budget. Final disbursement will occur upon project completion and submission of final deliverables. End of year balance If at the end of the contract there is a surplus of funds in the City of Corpus designated TBW account. All funds must be used on TBW related expenses with GLO approval in preparation for the new year.The use of surplus funds may be used for the purchase of a TBW program vehicle,TBW vehicle maintenance,scientific equipment,supplies,etc. TBW Budget Categories Salary Salary includes the wages of the subrecipient's personnel working directly on the project.For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request.Documentation must be acceptable to the GLO. Fringe Fringe benefits include allowances and services provided to employees by the subrecipient as compensation in addition to regular salaries and wages. Fringe benefits should be limited to no more than 35% of individual salaries and wages. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request.Documentation must be acceptable to the GLO. Travel Travel costs include expenses for transportation,lodging,subsistence, and related items incurred by employees traveling for project-related purposes. Subrecipients must claim actual expenses for travel not to exceed the maximum allowable rates. Reimbursement of per diem rates is not permitted. Itemized receipts and proof of payment must be submitted for reimbursement documentation upon GLO request. Reimbursement for lodging,travel,and other incidental direct expenses must be limited to the rates established in the Texas Administrative Code and the State of Texas travel guidelines, Textravel.Additional information is available at htt2s:Hfinx.0a.state.tx.us/finx/travel/textraveF. Lodging and meal reimbursement must not exceed the allowable U.S.General Services Administration per diem rates at https://www.gsa.gov/travel/plan- Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 9 of 10 book/per-diem-rates. Mileage rates must not exceed the allowable State rate at htips:Hfinx.cpa.state.tx.us/finx/travel/textraveFrates/current.phn. Travel-related expenses to attend specific meetings, conferences or events must be included in the subrecipient's mutually agreed upon budget narrative. If not included in the original budget narrative, the subrecipient must submit an acceptable justification and receive the TBW project manager's written approval prior to the travel. Grant funds should only be spent on travel necessary to complete the goals and deliverables delineated in the project work plan.Travel should occur within Texas.Grant funds may be used to travel to one(1)out-of-state conference,meeting, or workshop. Out-of-state travel is limited to the contiguous United States and must be strongly justified and approved by the TBW project manager. Supplies Supplies include all personal property with an acquisition cost of less than $5,000 per unit. Supplies must be purchased during the contract period for the purpose of implementing the project unless prior GLO approval was attained. Subrecipients must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement o be Followed when procuring supplies. Itemized receipts and proof of payment are required as reimbursement documentation. Equipment Equipment includes tangible,non-expendable personal property with a useful life of more than one year and an acquisition cost of more than$5,000 per unit. Subrecipients must comply with 2 C.F.R.,Part 200,Sec. 320 Methods of Procurement to be Followed when procuring equipment. Subrecipients are prohibited from purchasing equipment not included as a reimbursable item in the subrecipient grant agreement. Subrecipients must perform a lease versus purchase analysis to ensure it's more cost efficient to purchase the equipment rather than lease. Written approval must be received from TBW staff before an equipment purchase can be initiated.Itemized receipts and proof of payment are required as reimbursement documentation. Subrecipients must retain title to, and possession of equipment purchased with grant funding unless the equipment is transferred to the GLO,upon written request by the GLO. The final request for reimbursement must include a list of all equipment purchased as part of the project,including the name of the manufacturer, the model number, and the serial number. Disposition of equipment must follow state and federal audit regulations. Contractual The contractual category includes all subrecipient subcontracts required,as determined by the subrecipient,to implement the project. This budget category would include "professional services" as defined in Texas Government Code Chapter 2254 (i.e., architects, landscape architects, land surveying, land appraisers), engineering contracts, construction contracts and university subawards. Per the TBW subrecipient grant agreement, these subrecipient subcontracts must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed when procuring contractual services. Competitive bidding procedures must be followed as required and in all other cases when possible.Per State law,architectural and engineering services cannot be competitively bid and must be acquired using a Request for Qualifications. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Exhibit 3 GLO Contract No.25-018-000-E709 Page 10 of 10 Subrecipients must provide the GLO with a copy of each subcontract agreement and any subsequent amendments, including agreements with third-parry contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. A competitive bid process is required to establish a subcontract under the following circumstances: • <$50,000: no Request for Proposals/Qualifications required • >$50,000: Competitive Request for Proposals/Qualifications must be obtained from a minimum of 3 bidders for state agencies and state universities,state procurement rules apply,even when using federal funds(2 CFR 200.317).Applicable thresholds include: • <$10,000-no Request for Proposals/Qualifications required-Can issue purchase order directly to vendor. • <$25,000-informal Request for Proposals/Qualifications process required • >$25,000- formal Request for Proposals/Qualifications process required Other Costs include any anticipated purchases excluded from all other budget categories, including printing, registration fees,equipment rental, student tuition,fleet vehicle use and volunteer time. Subrecipients must include itemized receipts or invoices for budgeted expenses and documentation (e.g., canceled checks or copies of bank statements)verifying the subrecipient has paid all invoices submitted for reimbursement or as match. Vendor/Service Contracts: Vendors or goods and service contracts should be budgeted under the Other category.While not required per the TBW subrecipient grant agreement,these contractors should attempt to comply with 2 C.F.R.,Part 200,Sec.320 Methods of Procurement to be Followed,when possible,and adhere to the thresholds list in the Contractual section above. Subrecipients must provide the GLO with a copy of each vendor/service contract agreement and any subsequent amendments, including agreements with third-parry contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. Computers and Computer Software: Subrecipients are prohibited from purchasing computer software not included as a reimbursable item in the subrecipient grant agreement. Computers, accessories, and computer software cannot be purchased within the final three(3)months of a grant award. Salary and Tuition: Subrecipients may request reimbursement for both salary and/or wages and tuition costs earned by the same student working directly on the project. Indirect and Allocated Direct Costs Indirect and Allocated Direct costs include the costs of continuing operation as established by the Negotiated Indirect Cost Rate Agreement(NICRA)and the Cost Allocation Plan(CAP). Reimbursement of these costs is prohibited. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 1 of 6 ASSURANCES—NON-CONSTRUCTION PROGRAMS OMB Approval No.4040-0007 Expiration Date: 02/28/2025 Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance, prohibits discrimination on the basis of handicaps; (d) the and the institutional, managerial and financial capability Age Discrimination Act of 1975, as amended (42 U.S.C.§§6101-6107), which prohibits discrimination on the basis (including funds sufficient to pay the non-Federal share of age; (e) the Drug Abuse Office and Treatment Act of of project cost) to ensure proper planning, management 1972 (P.L. 92-255), as amended, relating to and completion of the project described in this application. nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism 2. Will give the awarding agency, the Comptroller General Prevention, Treatment and Rehabilitation Act of 1970 of the United States and, if appropriate, the State, (P.L. 91-616), as amended, relating to nondiscrimination through any authorized representative, access to and on the basis of alcohol abuse or alcoholism; (g) §§523 the right to examine all records, books, papers, or and 527 of the Public Health Service Act of 1912 (42 documents related to the award; and will establish a U.S.C. §§290 dd-3 and 290 ee-3), as amended, relating proper accounting system in accordance with generally to confidentiality of alcohol and drug abuse patient accepted accounting standards or agency directives. records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as amended, relating to 3. Will establish safeguards to prohibit employees from nondiscrimination in the sale, rental or financing of using their positions for a purpose that constitutes or housing; (i) any other nondiscrimination provisions in the presents the appearance of personal or organizational specific statute(s) under which application for Federal conflict of interest,or personal gain. assistance is being made; and, (j) the requirements of any other nondiscrimination statute(s)which may apply to 4. Will initiate and complete the work within the applicable the application. time frame after receipt of approval of the awarding agency. 7. Will comply, or has already complied, with the requirements of Titles II and III of the Uniform Relocation 5. Will comply with the Intergovernmental Personnel Act of Assistance and Real Property Acquisition Policies Act of 1970 (42 U.S.C. §§4728-4763) relating to prescribed 1970 (P.L. 91-646) which provide for fair and equitable standards for merit systems for programs funded under treatment of persons displaced or whose property is one of the 19 statutes or regulations specified in acquired as a result of Federal or federally-assisted Appendix A of OPM's Standards for a Merit System of programs. These requirements apply to all interests in Personnel Administration (5 C.F.R. 900, Subpart F). real property acquired for project purposes regardless of Federal participation in purchases. 6. Will comply with all Federal statutes relating to nondiscrimination. These include but are not limited to: 8. Will comply, as applicable, with provisions of the Hatch (a) Title VI of the Civil Rights Act of 1964 (P.L. 88-352) Act (5 U.S.C. §§1501-1508 and 7324-7328) which limit which prohibits discrimination on the basis of race, color the political activities of employees whose principal or national origin; (b) Title IX of the Education employment activities are funded in whole or in part with Amendments of 1972, as amended (20 U.S.C. §§1681- Federal funds. 1683, and 1685-1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C.§794), which Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB CircularA-102 Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 2 of 6 9. Will comply, as applicable, with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act (40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act (40 U.S.C. (identification and protection of historic properties), and §§327-333) regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10.Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234) which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order (EO) 11514; (b) notification of violating Prevention Act (42 U.S.C. §§4801 et seq.) which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of project consistency with the approved State management 17. Will cause to be performed the required financial and program developed under the Coastal Zone Management compliance audits in accordance with the Single Audit Act of 1972 (16 U.S.C. §§1451 et seq.); (f) conformity of Act Amendments of 1996 and OMB Circular No. A-133, Federal actions to State (Clean Air) Implementation Plans "Audits of States, Local Governments, and Non-Profit under Section 176(c) of the Clean Air Act of 1955, as Organizations." amended (42 U.S.C. §§7401 et seq.); (g) protection of underground sources of drinking water under the Safe 18. Will comply with all applicable requirements of all other Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act (TVPA) of 2000, as amended (22 U.S.C. 7104) which prohibits grant 12. Will comply with the Wild and Scenic Rivers Act of 1968 (16 award recipients or a sub-recipient from (1) Engaging in U.S.C. §§1271 et seq.) related to protecting components or severe forms of trafficking in persons during the period potential components of the national wild and scenic rivers of time that the award is in effect (2) Procuring a system. commercial sex act during the period of time that the award is in effect or (3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED City of Corpus Christi SF-424B(Rev.7-97)Back Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 3 of 6 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants,Loans, and Cooperative Agreements: The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31,U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance: The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. As the duly authorized representative of the applicant,I hereby certify that the applicant will comply with the above applicable certification. NAME OF APPLICANT AWARD NUMBER AND/OR PROJECT NAME City of Corpus Christi 25-018-000-E709 PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE SIGNATURE DATE Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment B GLO Contract No.25-018-000-E709 Page 4 of 6 Disclosure of Lobbying Activities OMB Number:4040-0013 Complete this form to disclose lobbying activities pursuant to 31 U.S.C_ 1352 Expiration Date:02/28/2025 (See reverse for public burden disclosure) 1. *Type of Federal Action: 2. *Status of Federal Action: 3. *Report Type: a.contract a.bid/offer/application a.initial filing b.grant b_initial award b.material change c.cooperative agreement c_post-award d.loan e.loan guarantee f.loan insurance 4. Name and Address of Reporting Entity: Prime Subawardee *Name: *Street 1: Street 2: *City: State: Zip: 5. If Reporting Entity in No.4 is Subawardee,Enter Name and Address of Prime: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, ifapplicable: 8. Federal Action Number,ifknown: 9. Award Amount, ifknown: 10. a.Name and Address of Lobbying Registrant Prefix *First Name Middle Name *Last Name Suffix *Street 1: Street 2: *City: State: Zip: b.Individuals Performing Services(including address if different from No. IOa) Prefix *First Name Middle Name *Last Name Suffix *Street 1: Street 2: *City: State: Zip: 11.Information requested through this form is authorized by title 31 U.S.C.section 1352.This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into.This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually and will be available for public inspection.Any person who fails to file the required disclosure shall be subject to a civil penalty of not lessthan$10,000 and not more than$100,000 for each such failure. *Signature: *Name: Prefix *First Name Middle Name *Last Name Suffix Title: Telephone No.: Date: Authorized for Local Reproduction Federal Use Orily: Standard Form-LLL(Rev.7-97) Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F8B39486 Attachment B GLO Contract No.25-018-000-E709 Page 5 of 6 INSTRUCTIONS FOR COMPLETION OF SF-LLL,DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity,whether subawardee or prime Federal recipient,at the initiation or receipt of a covered Federal action, or a material change to a previous filing,pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with a covered Federal action.Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. Federal Agency Form Instructions Form Identifiers Information Agency Owner Grants.gov Form Name Disclosure of Lobbying Activities(SF-LLL) Form Version Number 2.0 OMB Number 4040-0013 OMB Expiration Date 02/28/2025 Field Field Name Required or Information Number Optional 1. *Type of Federal Required Identify the type of covered Federal action for which lobbying activity is and/or has been Action: secured to influence the outcome of a covered Federal action.This field is required. 2. *Status of Federal Required Identify the status of the covered Federal action.This field is required. Action 2-a. a.Bid/Offer/ Check if Click if the Status of Federal Action is a bid,an offer or an application. Application applicable 2-b. b. Initial Award Check if Click if the Status of Federal Action is an initial award. applicable 2-c. c.Post-Award Check if Click if the Status of Federal Action is a post-award. applicable 3.0 *Report Type Required Identify the appropriate classification of this report. 3-a. a.Initial filing Check if Check if Initial filing. applicable 3-b. b. Material change Check if If this is a follow up report caused by a material change to the information previously reported, applicable enter the year and quarter in which the change occurred.Enter the date of the previously submitted report by this reporting entity for this covered Federal action.This field is required. Material Change Conditionally If this is a follow up report caused by a material change to the information previously Year Required reported,enter the year in which the change occurred. Material Change Conditionally If this is a follow up report caused by a material change to the information previously Quarter Required reported,enter the quarter in which the change occurred. Material Change Conditionally Enter the date of the previously submitted report by this reporting entity for this covered Date of Last Required Federal action. Report 4. Name and Address Required Provide the information for Name and Address of Reporting Entity. of Reporting Entity Prime Check if Click to designate the organization filing the report as the Prime Federal recipient. applicable Subawardee Check if Click to designate the organization filing the report as the SubAwardee Federal recipient.Sub- applicable awards include but are not limited to subcontracts,subgrants and contract awards under grants. Tier if known: Optional Identify the tier of the subawardee,e.g.,the first subawardee of the prime is the 1st tier. Name Required Enter the name of reporting entity.This field is required Street 1 Required Enter Street 1 of the reporting entity.This field is required. Street 2 Optional Enter Street 2 of the reporting entity. City Required Enter City of the reporting entity This field is required. State Required Enter the state of the reporting entity.This field is required ZIP Required Enter the ZIP of the reporting entity.This field is required Congressional Optional Enter the primary Congressional District of the reporting entity.Enter in the following format: District,if known 2 character state abbreviation—3 characters district number,e.g.,CA-005 for California 5th district,CA-012 for California 12th district,NC-103 for North Carolina's 103rd district. 5. If Reporting Entity in Conditionally If Reporting Entity in No.4 is Subawardee,provide the information for the Name and Address No.4 is Subawardee, Required of Prime Enter Name and Address of Prime Name Required If the organization filing the report in item 4,checks"Subawardee",enter the full name of the prime Federal recipient. Street 1 Required If the organization filing the report in item 4,checks"Subawardee",enter the address of the prime Federal recipient. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F8B39486 Attachment B GLO Contract No.25-018-000-E709 Page 6 of 6 Street 2 Optional If the organization filing the report in item 4,checks"Subawardee",enter the address of the prime Federal recipient. City Required If the organization filing the report in item 4,checks"Subawardee",enter the city of the prime Federal recipient. State Required If the organization filing the report in item 4,checks"Subawardee",select the appropriate state from this pull down menu. ZIP Required Enter the ZIP of Prime.This field is required Congressional Optional Enter the Congressional District of Prime.Enter in the following format:2 character state District,if known abbreviation—3 characters district number,e.g.,CA-005 for California 5th district,CA-012 for California 12th district,NC-103 for North Carolina's 103rd district. 6. Federal Department Required Enter the name of the Federal Department or Agency making the award or loan commitment. /Agency This field is required. 7. CFDA Number: Required Enter the full Catalog of Federal Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments.Pre-populated from SF-424 if using Grants.gov. CFDA Title: Required Enter the Federal program name or description for the covered Federal action.Pre-populated from SF-424 if using Grants.gov. 8. Federal Action Optional Enter the most appropriate Federal identifying number available for the Federal action, Number identified in item 1(e.g.,Request for Proposal(RFP)number,invitation for Bid(IFB)number, grant announcement number,the contract,grant,or loan award number,the application/ proposal control number assigned by the Federal agency).Include prefixes,e.g.,"RFP-DE-90- 001". 9. Award Amount Optional For a covered Federal action where there has been an award or loan commitment by the Federal agency,enter the Federal amount of the award/loan commitment of the prime entity identified in item 4 or 5. 10.a. Name And Address Required Provide the information for the Name and Address of Lobbying Registrant. of Lobbying Registrant Prefix Optional Enter the prefix(e.g.,Mr.,Mrs., Miss),if appropriate,for the Lobbying Registrant. First Name Required Enter the first name of Lobbying Registrant.This field is required. Middle Name Optional Enter the middle name of Lobbying Registrant. Last Name Required Enter the last name of Lobbying Registrant.This field is required. Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,for the Lobbying Registrant. Street 1 Required Enter the first line of street address for the Lobbying Registrant. Street 2 Optional Enter the second line of street address for the Lobbying Registrant. City Required Enter the city of the Lobbying Registrant. State Required Select the appropriate state of the Lobbying Registrant. ZIP Code Required Enter the Zip Code(or ZIP+4)of the Lobbying Registrant. 10.b. Individual Required Provide the information for Individual Performing Services Performing Services Prefix Optional Enter the prefix(e.g.,Mr.,Mrs., Miss),if appropriate,for the Individual Performing Services. First Name Required Enter the first name of the Individual Performing Services.This field is required. Middle Name Optional Enter the middle name of the Individual Performing Services. Last Name Required Enter the last name of the Individual Performing Services.This field is required. Suffix Optional Enter the suffix(e.g.,Jr.Sr.,PhD),if appropriate,for the Individual Performing Services. Street 1 Required Enter the first line of street address for the Individual Performing Services. Street 2 Optional Enter the second line of street address for the Individual Performing Services. City Required Enter the city of the Individual Performing Services. State Required Select the state for the address of the Individual Performing Services from this pull down menu. ZIP Code Required Enter the Zip Code(or ZIP+4)of the Individual Performing Services. According to the Paperwork Reduction Act,as amended,no persons are required to respond to a collection of information unless it displays a valid OMB control Number. The valid OMB control number for this information collection is OMB No. 4040-0013. Public reporting burden for this collection of information is estimated to average 10 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project,Washington,DC 20503. Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 1 of 10 GENERAL AFFIRMATIONS TO THE EXTENT APPLICABLE, Performing Agency affirms and agrees to the following, without exception: 1. Performing Agency represents and warrants that, in accordance with Section 2155.005 of the Texas Government Code, neither Performing Agency nor the firm, corporation, partnership, or institution represented by Performing Agency, or anyone acting for such a firm, corporation, partnership, or institution has (1) violated any provision of the Texas Free Enterprise and Antitrust Act of 1983, Chapter 15 of the Texas Business and Commerce Code, or the federal antitrust laws, or (2) communicated directly or indirectly the contents of this Contract or any solicitation response upon which this Contract is based to any competitor or any other person engaged in the same line of business as Performing Agency.* 2. Performing Agency shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from the GLO. Any attempted assignment or delegation in violation of this provision is void and without effect. This provision does not apply to subcontracting. 3. If the Contract is for services, Performing Agency shall comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts, but for contracts subject to 2 CFR 200, only to the extent such compliance is consistent with 2 CFR 200.319. 4. Under Section 231.006 of the Family Code, the vendor or applicant [Performing Agency] 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, in addition to other remedies set out in Section 231.006(f) of the Family Code.* 5. 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. Performing Agency certifies it has submitted this information to the GLO.* 6. If the Contract is for a "cloud computing service" as defined by Texas Government Code Section 2157.007, then pursuant to Section 2054.0593(d)-(f) of the Texas Government Code, relating to cloud computing state risk and authorization management program, Performing Agency represents and warrants that it complies with the requirements of the state risk and authorization management program and Performing Agency agrees that throughout the term of the Contract it shall maintain its certifications and comply with the program requirements in the performance of the Contract. 7. If the Contract is for the purchase or lease of computer equipment, as defined by Texas Health and Safety Code Section 361.952(2), Performing Agency certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code, related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in Title 30 Texas Administrative Code Chapter 328. 8. If the Contract authorizes Performing Agency to access, transmit, use, or store data for the GLO, then in accordance with Section 2054.138 of the Texas Government Code, *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 2 of 10 Performing Agency certifies that it will comply with the security controls required under this Contract and will maintain records and make them available to the GLO as evidence of Performing Agency's compliance with the required controls. 9. Performing Agency represents and warrants that it has not given, offered to give, nor intends to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the Contract. 10. Performing Agency agrees that any payments due under the Contract shall be applied towards any debt or delinquency that is owed by Performing Agency to the State of Texas. 11. Upon request of the GLO, Performing Agency shall provide copies of its most recent business continuity and disaster recovery plans. 12. If the Contract is for consulting services governed by Texas Government Code Chapter 2254, Subchapter B, in accordance with Section 2254.033 of the Texas Government Code, relating to consulting services, Performing Agency certifies that it does not employ an individual who has been employed by the GLO or another agency at any time during the two years preceding the Performing Agency's submission of its offer to provide consulting services to the GLO or, in the alternative Performing Agency, in its offer to provide consulting services to the GLO, disclosed the following: (i) the nature of the previous employment with the GLO or other state agency; (ii) the date the employment was terminated; and (iii) the annual rate of compensation for the employment at the time of its termination.` 13. If the Contract is not for architecture, engineering, or construction services, then except as otherwise provided by statute, rule, or regulation, Performing Agency must use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve any dispute arising under the Contract. NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. 14. If the Contract is for architecture, engineering, or construction services, then subject to Texas Government Code Section 2260.002 and Texas Civil Practice and Remedies Code Chapter 114, and except as otherwise provided by statute, rule, or regulation, Performing Agency shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code to attempt to resolve all disputes arising under this Contract. Except as otherwise provided by statute, rule, or regulation, in accordance with the Texas Civil Practice and Remedies Code, Section 114.005, claims encompassed by Texas Government Code, Section 2260.002(3) and Texas Civil Practice and Remedies Code Section 114.002 shall be governed by the dispute resolution process set forth below in subsections (a)-(d). NOTHING IN THIS SECTION SHALL BE CONSTRUED AS A WAIVER OF SOVEREIGN IMMUNITY BY THE GLO OR, IF APPLICABLE, OF GOVERNMENTAL IMMUNITY BY PERFORMING AGENCY. a. Notwithstanding Texas Government Code, Chapter 2260.002(3) and Chapter 114.012 and any other statute or applicable law, if Performing Agency's claim for breach of contract cannot be resolved by the Parties in the ordinary course of business, Performing Agency may make a claim against the GLO for breach of contract and the GLO may assert a counterclaim against Performing Agency as is contemplated by Texas *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 3 of 10 Government Code, Chapter 2260, Subchapter B. In such event, Performing Agency must provide written notice to the GLO of a claim for breach of the Contract not later than the 180th day after the date of the event giving rise to the claim. The notice must state with particularity: (1) the nature of the alleged breach; (2) the amount Performing Agency seeks as damages; and (3) the legal theory of recovery. b. The chief administrative officer, or if designated in the Contract, another officer of the GLO, shall examine the claim and any counterclaim and negotiate with Performing Agency in an effort to resolve them. The negotiation must begin no later than the 120th day after the date the claim is received, as is contemplated by Texas Government Code, Chapter 2260, Section 2260.052. c. If the negotiation under paragraph (b) above results in the resolution of some disputed issues by agreement or in a settlement, the Parties shall reduce the agreement or settlement to writing and each Party shall sign the agreement or settlement. A partial settlement or resolution of a claim does not waive a Party's rights under this Contract as to the parts of the claim that are not resolved. d. If a claim is not entirely resolved under paragraph (b) above, on or before the 270th day after the date the claim is filed with the GLO, unless the Parties agree in writing to an extension of time, the Parties may agree to mediate a claim made under this dispute resolution procedure. This dispute resolution procedure is Performing Agency's sole and exclusive process for seeking a remedy for an alleged breach of contract by the GLO if the Parties are unable to resolve their disputes as described in this section. e. Nothing in the Contract shall be construed as a waiver of the state's or the GLO's sovereign immunity, or, if applicable, the governmental immunity of Performing Agency. This Contract shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the State of Texas or Performing Agency. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the State of Texas or, if applicable, of Performing Agency under this Contract or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies or immunities or be considered as a basis for estoppel. The GLO does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. Performing Agency does not waive any privileges, rights, defenses, or immunities available to it by entering into this Contract or by its conduct, or by the conduct of any representative of the GLO, prior to or subsequent to entering into this Contract. f. Except as otherwise provided by statute, rule, or regulation, compliance with the dispute resolution process provided for in Texas Government Code, Chapter 2260, subchapter B and incorporated by reference in subsection (a)-(d) above is a condition precedent to the Performing Agency: (1) filing suit pursuant to Chapter 114 of the Civil Practices and Remedies Code; or (2) initiating a contested case hearing pursuant to Subchapter C of Chapter 2260 of the Texas Government Code. *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 4 of 10 15. If Chapter 2271 of the Texas Government Code applies to this Contract, Performing Agency verifies that it does not boycott Israel and will not boycott Israel during the term of the Contract.* 16. This Contract is contingent upon the continued availability of lawful appropriations by the Texas Legislature. Performing Agency understands that all obligations of the GLO under this Contract are subject to the availability of funds. If such funds are not appropriated or become unavailable, the GLO may terminate the Contract. The Contract shall not be construed as creating a debt on behalf of the GLO in violation of Article III, Section 49a of the Texas Constitution. 17. Performing Agency certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the United States Department of the Treasury, Office of Foreign Assets Control. 18. In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Performing Agency certifies that it is not (1) the executive head of the GLO, (2) a person who at any time during the four years before the effective date of the Contract was the executive head of the GLO, or (3) a person who employs a current or former executive head of the GLO. 19. Performing Agency represents and warrants that all statements and information prepared and submitted in connection with this Contract are current, complete, true, and accurate. Submitting a false statement or making a material misrepresentation during the performance of this Contract is a material breach of contract and may void the Contract or be grounds for its termination. 20. Pursuant to Section 2155.004(a) of the Texas Government Code, Performing Agency certifies that neither Performing Agency nor any person or entity represented by Performing Agency has received compensation from the GLO to participate in the preparation of the specifications or solicitation on which this Contract is based. Under Section 2155.004(b) of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that the Contract may be terminated and payment withheld if this certification is inaccurate. This Section does not prohibit Performing Agency from providing free technical assistance.* 21. Performing Agency represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code.* 22. In accordance with Section 2252.901 of the Texas Government Code, for the categories of contracts listed in that section, Performing Agency represents and warrants that none of its employees including, but not limited to, those authorized to provide services under the contract, were employees of the GLO during the twelve (12) month period immediately prior to the date of execution of the contract. Solely for professional services contracts as described by Chapter 2254 of the Texas Government Code, Performing Agency further represents and warrants that if a former employee of the GLO was employed by Performing Agency within one year of the employee's leaving the GLO, then such employee will not *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 5 of 10 perform services on projects with Performing Agency that the employee worked on while employed by the GLO.* 23. The Contract shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Contract is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to any Party. 24. IF THE CONTRACT IS NOT FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE EXTENT ALLOWED BY LAW, SHALL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, 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 PERFORMING AGENCY 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 PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 25. IF THE CONTRACT IS FOR ARCHITECTURE OR ENGINEERING SERVICES GOVERNED BY TEXAS GOVERNMENT CODE CHAPTER 2254, PERFORMING AGENCY, TO THE EXTENT ALLOWED BY LAW, SHALL INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND THE GLO, 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 DAMAGES, COSTS, ATTORNEY FEES, AND EXPENSES TO THE EXTENT CAUSED BY, ARISING OUT OF, OR RESULTING FROM ANY ACTS OF NEGLIGENCE, INTENTIONAL TORTS, WILLFUL MISCONDUCT, PERSONAL INJURY OR DAMAGE TO PROPERTY, AND/OR OTHERWISE RELATED TO PERFORMING AGENCY'S PERFORMANCE, AND/OR FAILURES TO PAY A SUBCONTRACTOR OR SUPPLIER BY THE PERFORMING AGENCY OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, CONSULTANTS UNDER CONTRACT TO PERFORMING AGENCY, OR ANY OTHER ENTITY OVER WHICH PERFORMING AGENCY EXERCISES CONTROL, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE CONTRACT. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 6 of 10 LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM.* 26. TO THE EXTENT ALLOWED BY LAW, PERFORMING AGENCY SHALL DEFEND, INDEMNIFY,AND HOLD HARMLESS THE GLO AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS, VIOLATIONS, MISAPPROPRIATIONS OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF PERFORMING AGENCY PURSUANT TO THIS CONTRACT; (2) ANY DELIVERABLE, WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR (3) THE GLO'S AND/OR PERFORMING AGENCY'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE GLO BY PERFORMING AGENCY OR OTHERWISE TO WHICH THE GLO HAS ACCESS AS A RESULT OF PERFORMING AGENCY'S PERFORMANCE UNDER THE CONTRACT. PERFORMING AGENCY AND THE GLO SHALL FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. PERFORMING AGENCY SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY PERFORMING AGENCY WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL (OAG) WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND PERFORMING AGENCY MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM OAG. IN ADDITION, PERFORMING AGENCY WILL REIMBURSE THE GLO AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS, ARISING FROM ANY SUCH CLAIM. IF THE GLO DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF PERFORMING AGENCY OR IF THE GLO IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE GLO WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND PERFORMING AGENCY WILL PAY ALL REASONABLE COSTS OF THE GLO'S COUNSEL.* 27. Performing Agency has disclosed in writing to the GLO all existing or known potential conflicts of interest relative to the performance of the Contract. 28. Sections 2155.006 and 2261.053 of the Texas Government Code prohibit state agencies from accepting a solicitation response or awarding a contract that includes proposed financial participation by a person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code, occurring after September 24, 2005. Under Sections 2155.006 and 2261.053 of the Texas Government Code, Performing Agency certifies that the individual or business entity named in this Contract is not ineligible to receive the specified Contract and *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 7 of 10 acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 29. The person executing this Contract certifies that he/she is duly authorized to execute this Contract on his/her own behalf or on behalf of Performing Agency and legally empowered to contractually bind Performing Agency to the terms and conditions of the Contract and related documents. 30. If the Contract is for architectural or engineering services, pursuant to Section 2254.0031 of the Texas Government Code, which incorporates by reference Section 271.904(d) of the Texas Local Government Code, Performing Agency shall perform services (1) with professional skill and care ordinarily provided by competent engineers or architects practicing under the same or similar circumstances and professional license, and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer or architect.* 31. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Contract or indirectly through a subcontract under the Contract. The acceptance of funds directly under the Contract or indirectly through a subcontract under the Contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. Performing Agency shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through the Contract and the requirement to cooperate is included in any subcontract it awards. The GLO may unilaterally amend the Contract to comply with any rules and procedures of the state auditor in the implementation and enforcement of Section 2262.154 of the Texas Government Code. 32. Performing Agency certifies that neither it nor its principals are debarred, suspended, proposed for debarment, declared ineligible, or otherwise excluded from participation in the Contract by any state or federal agency. 33. If the Contract is for the purchase or lease of covered television equipment, as defined by Section 361.971(3) of the Texas Health and Safety Code, Performing Agency certifies its compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code, related to the Television Equipment Recycling Program. 34. Pursuant to Section 572.069 of the Texas Government Code, Performing Agency certifies it has not employed and will not employ a former state officer or employee who participated in a procurement or contract negotiations for the GLO involving Performing Agency within two (2) years after the date that the contract is signed or the procurement is terminated or withdrawn. This certification only applies to former state officers or employees whose state service or employment ceased on or after September 1, 2015. 35. The GLO shall post this Contract to the GLO's website. Performing Agency understands that the GLO will comply with the Texas Public Information Act (Texas Government Code Chapter 552, the "PIA"), as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas (the "Attorney General"). Information, documentation, and *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 8 of 10 other material in connection with this Contract may be subject to public disclosure pursuant to the PIA. In accordance with Section 2252.907 of the Texas Government Code, Performing Agency is required to make any information created or exchanged with the GLO or the State of Texas pursuant to the Contract, and not otherwise excepted from disclosure under the PIA, available to the GLO in portable document file (".pdf') format or any other format agreed upon between the Parties that is accessible by the public at no additional charge to the GLO or the State of Texas. By failing to mark any information that Performing Agency believes to be excepted from disclosure as "confidential" or a "trade secret," Performing Agency waives any and all claims it may make against the GLO for releasing such information without prior notice to Performing Agency. The Attorney General will ultimately determine whether any information may be withheld from release under the PIA. Performing Agency shall notify the GLO's Office of General Counsel within twenty-four(24) hours of receipt of any third-party written requests for information and forward a copy of said written requests to PIALegalkglo.texas.gov. If a request for information was not written, Performing Agency shall forward the third party's contact information to the above-designated e-mail address. 36. The GLO does not tolerate any type of fraud. GLO policy promotes consistent, legal, and ethical organizational behavior by assigning responsibilities and providing guidelines to enforce controls. Any violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Performing Agency must report any possible fraud, waste, or abuse that occurs in connection with the Contract to the GLO in the manner prescribed by the GLO's website, http:Hglo.texas.gov. 37. If Performing Agency, in its performance of the Contract, has access to a state computer system or database, Performing Agency must complete a cybersecurity training program certified under Texas Government Code Section 2054.519, as selected by the GLO. Performing Agency must complete the cybersecurity training program during the initial term of the Contract and during any renewal period. Performing Agency must verify in writing to the GLO its completion of the cybersecurity training program. 38. Under Section 2155.0061, Texas Government Code, Performing Agency certifies that the entity named in this Contract is not ineligible to receive the specified Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate.* 39. Performing Agency certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from Performing Agency's business. Performing Agency acknowledges that such a vaccine or recovery requirement would make Performing Agency ineligible for a state-funded contract. 40. Pursuant to Government Code Section 2275.0102, Performing Agency certifies that neither it nor its parent company, nor any affiliate of Performing Agency or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2275.0103, or(2)headquartered in any of those countries.* 41. If Performing Agency is required to make a verification pursuant to Section 2276.002 of the Texas Government Code, Performing Agency verifies that Performing Agency does not boycott energy companies and will not boycott energy companies during the term of the *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 9 of 10 Contract. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 42. If Performing Agency is required to make a verification pursuant to Section 2274.002 of the Texas Government Code, Performing Agency verifies that it (1) does not have a practice, policy, guidance, or directive that discriminates against a "firearm entity" or "firearm trade association" as those terms are defined in Texas Government Code section 2274.001 and (2) will not discriminate during the term of the Contract against a firearm entity or firearm trade association. If Performing Agency does not make that verification, Performing Agency must notify the GLO and state why the verification is not required.* 43. If Performing Agency is a "professional sports team" as defined by Texas Occupations Code Section 2004.002, Performing Agency will play the United States national anthem at the beginning of each team sporting event held at Performing Agency's home venue or other venue controlled by Performing Agency for the event. Failure to comply with this obligation constitutes a default of this Contract, and immediately subjects Performing Agency to the penalties for default, such as repayment of money received or ineligibility for additional money. In addition, Performing Agency may be debarred from contracting with the State. The GLO or the Attorney General may strictly enforce this provision.* 44. To the extent Section 552.371 of the Texas Government Code applies to Performing Agency and the Contract, in accordance with Section 552.372 of the Texas Government Code, Performing Agency must (a) preserve all contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO for the duration of the Contract, (b) no later than the tenth business day after the date of the GLO's request, provide to the GLO any contracting information related to the Contract that is in Performing Agency's custody or possession, and (c) on termination or expiration of the Contract, either (i)provide to the GLO at no cost all contracting information related to the Contract that is in Performing Agency's custody or possession or (ii) preserve the contracting information related to the Contract in accordance with the records retention requirements applicable to the GLO. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J, Chapter 552, Government Code, may apply to the Contract and Performing Agency agrees that the Contract may be terminated if Performing Agency knowingly or intentionally fails to comply with a requirement of that subchapter.* 45. If the Contract is for consulting services governed by Chapter 2254 of the Texas Government Code, Performing Agency, upon completion of the Contract, must give the GLO a compilation, in a digital medium agreed to by the Parties, of all documents, films, recordings, or reports Performing Agency compiled in connection with its performance under the Contract.* 46. If subject to 2 CFR 200.216, Performing Agency shall not obligate or expend funding provided under this Contract to: (a) procure or obtain; (b) extend or renew a contract to procure or obtain; or (c) enter into a contract to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services, as defined in Public Law 115-232, Section 889, as a substantial or essential component of any system, or as critical technology as part of any system. 47. To the extent Texas Government Code Chapter 2252, Subchapter G applies to the Contract, any iron or steel product Performing Agency uses in its performance of the Contract that is *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB Docusign Envelope ID:964A771 B-8452-43C3-970B-C105F81339486 Attachment C GLO Contract No.25-018-000-E709 Page 10 of 10 produced through a manufacturing process, as defined in Section 2252.201(2) of the Texas Government Code, must be produced in the United States. *This section does not apply to a contract with a"governmental entity"as defined in Texas Government Code Chapter 2251. 01092024AD:MB DocuSign Certificate Of Completion Envelope Id: 964A771 B845243C3970BC105F81339486 Status: Sent Subject: RUSH$140k New Contract:25-018-000-E709 City of Corpus Christi(Texas GLO) Source Envelope: Document Pages:56 Signatures: 0 Envelope Originator: Certificate Pages:3 Initials: 8 Clay Sebek AutoNav: Enabled 1700 Congress Ave Envelopeld Stamping: Enabled Austin,TX 78701 Time Zone: (UTC-06:00)Central Time(US&Canada) Clay.Sebek@glo.texas.gov IP Address: 99.190.128.57 Record Tracking Status: Original Holder: Clay Sebek Location: DocuSign 7/22/2024 1:14:25 PM Clay.Sebek@glo.texas.gov Signer Events Signature Timestamp Andres Dura Sent:7/23/2024 11:37:40 AM Andres.Dura@GLO.Texas.gov Viewed: 7/23/2024 11:40:18 AM Attorney Signed:7/23/2024 11:42:16 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IPAddress:204.65.210.201 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lucy Flores �—DS Sent:7/23/2024 11:42:19 AM Iucy.flores@glo.texas.gov Viewed: 7/23/2024 11:46:20 AM Texas General Land Office Signed:7/23/2024 11:46:34 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IPAddress:204.65.210.236 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jason Pinchback Els Sent:7/23/2024 11:46:37 AM jason.pinchback@glo.texas.gov Viewed: 7/23/2024 11:47:06 AM Texas General Land Office Signed:7/23/2024 11:50:32 AM Security Level: Email,Account Authentication (None) Signature Adoption: Pre-selected Style Using IPAddress:204.65.210.243 Electronic Record and Signature Disclosure: Not Offered via DocuSign Natalie Bell DS Sent:7/23/2024 11:50:37 AM Natalie.Bell@glo.texas.gov Viewed: 7/23/2024 11:54:34 AM Texas General Land Office Signed:7/23/2024 11:54:41 AM Security Level: Email,Account Authentication (None) Signature Adoption: Drawn on Device Using IPAddress:204.65.210.250 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Angela Sunley °S Sent:7/23/2024 11:54:43 AM angela.sunley@glo.texas.gov Viewed: 7/23/2024 11:55:13 AM Sr. Director Signed:7/23/2024 11:55:19 AM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Drawn on Device (None) Using IP Address:204.65.210.245 Electronic Record and Signature Disclosure: Not Offered via DocuSign David Green DS Sent:7/23/2024 11:55:22 AM david.green@glo.texas.gov Viewed: 7/23/2024 11:56:49 AM Legal Services Signed:7/23/2024 11:56:59 AM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption:Uploaded Signature Image (None) Using IPAddress:204.65.210.65 Electronic Record and Signature Disclosure: Not Offered via DocuSign Marc Barenblat EDS Sent:7/23/2024 11:57:03 AM marc.barenblat@glo.texas.gov Viewed: 7/23/2024 12:42:37 PM Deputy General Counsel Signed:7/23/2024 3:09:49 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IPAddress:204.65.210.205 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jeff Gordon E�DS Sent:7/23/2024 3:09:52 PM jeff.gordon@glo.texas.gov Viewed: 7/23/2024 4:34:41 PM General Counsel Signed:7/23/2024 4:34:46 PM Texas General Land Office Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IPAddress:204.65.210.195 Electronic Record and Signature Disclosure: Not Offered via DocuSign Dr. Fauzia Khan Sent:7/23/2024 4:34:50 PM Fauziak@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer G.Jones Jennifer.Jones@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Clay Sebek � Sent:7/23/2024 11:37:38 AM clay.sebek@glo.texas.gov ED Team Lead,General Contracts Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMD Drafting Request Sent:7/23/2024 11:37:38 AM draftingrequests@GLO.TEXAS.GOV COPIED Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelly McBride Sent:7/23/2024 11:37:39 AM kelly.mcbride@glo.texas.gov Director of CMD Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lance White Sent:7/23/2024 11:37:39 AM lance.white@glo.texas.gov ED Manager,Contracts Management Division Texas General Land Office Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Denzel Otokunrin � Sent:7/23/2024 4:34:49 PM denzel@cctexas.com ED Viewed: 7/23/2024 4:38:02 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Payton Ray payton.ray@glo.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/23/2024 11:37:39 AM Payment Events Status Timestamps BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Introduction As the lead state agency charged with implementing the Beaches Environmental Assessment and Coastal Health Act of 2000 (BEACH Act), the Texas General Land Office (GLO) will contract with City of Corpus Christi (Provider) to collect and analyze water samples, notify the public of beach water quality and to recommend and/or issue, water quality advisories when warranted. Beach Watch Coordinator Lucy Flores Texas General Land Office P. O. Box 12873 Austin,Texas 78711-2873 (512)463-5134 lucy.flores@glo.texas.gov I. QUALITY ASSURANCE PROJECT PLAN All monitoring data must be collected according to the EPA approved Quality Assurance Project Plan (QAPP). Provider must adhere to the QAPP. The Project Manager is required to download and read the document and return the signature page (Appendix D of the QAPP) to the GLO Beach Watch Coordinator. If any conflicts arise between this work plan and the QAPP, the requirements of the QAPP shall take precedence. The QAPP can be downloaded at www.texasbeachwatch.com. II. SAMPLING STATIONS AND SCHEDULE. All samples shall be collected in accordance with the Procedures for Providers set forth below and in the QAPP. Sampling Stations. The Provider shall collect water samples from fixed sampling stations, depicted on the maps and station lists in Appendix C of the QAPP for Aransas County, Nueces County, and San Patricio County. The Provider shall follow the attached Sampling Schedule (Exhibit 1 of this Work Plan) and shall conduct additional sampling as required in Section V of this Work Plan. Based upon the contract amount, for Aransas County, Nueces County, and San Patricio County shall be collected by Corpus Christi-Nueces County Public Health District over 42 sampling weeks between September 1, 2024 and August 31, 2025. Sampling Depth. The Texas Beach Watch Program will sample at a depth of approximately two feet(-2 ft.) or knee depth. The two-foot sampling depth will apply unless: • The majority of recreational activity occurs at a depth significantly different than two feet. If this occurs samples may be collected at the location of greatest swimmer activity; or • The two-foot sampling depth occurs more than 50 meters from shore. If the two-foot sampling depth occurs more than 50 meters from the shore,samples may be collected at 50 meters from shore or at the location of greatest swimmer activity. The distance shall be measured from the approximate water line at the time of sampling. Sampling Schedule. Exhibit 1 lists the weeks when sampling will be conducted. Tuesday is the preferred sample collection day. Monday and Wednesday are alternate sample collection days. This schedule BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 allows time for re-sampling to occur, before the next regular sampling period, when elevated bacteria levels are detected. Depending on the number of beaches and stations, local contractors may require several days to collect samples. Collection may occur over a three-day period; however, prior approval from the Beach Watch Coordinator is required. III. LABORATORY TESTING The Provider will analyze water samples for Enterococci bacteria using Method 1600: Enterococci in Water by Membrane Filtration Using mem bra ne-Enterococcus Indoxyl-$-D-Glucoside Agar (mEl) Dec 2009 (https://www.epa.Kov/sites/default/files/2015-08/documents/method 1600 2009.pdf or the IDEXX EnterolertT"°system. The local contractor or designated laboratory shall have a Quality Assurance/Quality Control (QA/QC) Plan. Plans approved by other entities (state/federal/commercial) and adopted by the Provider may be considered. Upon execution of this Contract, the Provider shall provide the GLO Beach Watch Coordinator with the name, address, phone and fax numbers, and point of contact (with e-mail) for the laboratory, if separate from the Provider. If the Provider is tasked with preparing water samples collected for QPCR analysis,the Provider will follow the following steps. PRE-PROCESSING OF WATER SAMPLES FOR QUANTITATIVE PCR* 1.0 Laboratory Organization, Equipment, and Supplies 1.1 Disposable membrane filtration units (filter base, polycarbonate filter [0.4 [tm] with 47 mm diameter, and 100 mL capacity funnel), individually bagged, and gamma-irradiated (Pall MicroFunnelsTM filter funnels FMFNL1050 or equivalent) 1.2 Line vacuum, electric vacuum pump, or aspirator for use as a vacuum source. In an emergency or in the field, a hand pump or a syringe equipped with a check valve to prevent the return flow of air can be used. 1.3 Flask, filter, vacuum, usually 1 L, with appropriate tubing 1.4 Filter manifold to hold a number of filter bases 1.5 Flask for safety trap placed between the filter flask and the vacuum source 1.6 Polycarbonate membrane filters,white,47 mm diameter,with 0.45 µm pore size (Millipore HTTP04700 or equivalent). Note: These filters will not be needed if Pall MicroFunnelsTm filter funnels FMFNL1050(See 1.1) are used because polycarbon ate membrane filters are supplied with funnel assembly. 1.7 Stainless steel forceps, straight or curved, with smooth tips to handle filters without damage, 2 pairs 1.8 Permanent ink marking pen for labeling tubes 1.9 Optional:Glass filter assembly to be used in conjunction with item 1.6 or use item 1.1 to replace both of these. Assembly consists of filter base that connects to item 1.4, glass funnel and locking clamp to hold the two together. 1.10 Sterile transfer pipette. 1.11 Sterile, DNA-and DNase-free 5 mL plastic tubes (Qiagen 30122348 or equivalent) 1.12 Freezer, -20°C or-80°C (storage of filters); if-20°C freezer used, make sure it is a manual defrost freezer. 2.0 Reagents and Standards BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1,2024 to August 31,2025 2.1 PCR-grade water(OmniPur water [VWR EM-9610 or equivalent]). Water must be DNA/DNase free. 3.0 Procedure 3.1 Environmental water sample filtration and method blank(MB) preparation Note:100 mL of each environmental water sample is the preferred amount to be filtered, minimum of 50 mL is acceptable. One MB sample should also be filtered with every batch of environmental water samples. The MB should be processed after environmental water samples for each of the steps described below. 3.1.1 Place a fresh membrane filtration funnel assembly(Section 1.1) on the filter base or a clean filter assembly (Section 1.9). Note:If using a disposable filtration unit, confirm that the unit contains the correct filter type—replace if necessary. (Section 1.6) 3.1.2 Shake the environmental water sample bottle vigorously 25 times to distribute the bacteria uniformly, and measure 100 mL of the environmental water sample using the graduated markings on the funnel or a sterile transfer pipette. Filter sample. Note:If less than 100 mL of sample is available or if filter clogs, record actual volume filtered on sample form. 3.1.3 After filtering the sample, turn off the vacuum. 3.1.4 Label a storage tube (Section 1.11)to identify environmental water sample. Remove the funnel from the filter base. Using sterile forceps,fold filter into a cylinder with the sample side facing inward, being careful to handle the filter only on the edges,where the filter has not been exposed to the environmental water sample. Insert the rolled filter into the labeled storage tube. Note: If using a reusable glass filter assembly, it will need to be sterilized between samples. To do this, place the glass funnel upside down on a ceramic tile and apply a generous amount of isopropyl alcohol or ethanol to the funnel and the filtration base. Allow the a few seconds of contact time and then light the alcohol with a flame and using metal tongs or forceps lift the funnel to ensure all the surface area has contact with the flame and is sterilized. Once the flame has extinguished and the assembly has cooled it, is ready for use. 3.1.5 Filter the remaining environmental water samples and place filters in labeled storage tubes (Section 3.1.4). Filter MB samples (100 mL PCR-grade water, Section 2.1) and place filters in labeled storage tubes (Section 3.1.4). 3.1.6 Store tubes containing folded filters at-80°C(-20°C manual defrost freezer okay) until shipment to lab for DNA extraction and purification. *Procedures adapted from: USEPA(2019) Method 1696: Characterization of Human Fecal Pollution in Water by HF183/BacR287 TagMan° Quantitative Polymerase Chain Reaction (gPCR) Assay. EPA 821- R19-002. Washington, DC. IV. SAMPLING PROCEDURES Equipment and Supplies. The following equipment and supplies will be necessary for the collection of water samples by the Provider: BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 • Insulated cooler for storage and transportation of the samples to the laboratory • Thermometer • Sample bottles—The bacteriological samples will be collected in polypropylene bottles at least 125 milliliters (ml) but no more than 1000 ml to allow for adequate sample mixing. Polypropylene bottles are recommended as they may be autoclaved and will keep sample costs down. • Ice to keep samples cool • Labels for sample bottles (Use waterproof adhesive labels.) • Black indelible marker to label samples • All paperwork including but not limited to Chain of Custody forms and Field Observation Forms (FOF) (Exhibit 2). Information collected on the FOF must be submitted electronically, once a month in a spreadsheet format supplied by the Beach Watch Coordinator. Sample Collection Training. Trained individuals shall perform the collection of samples. A brief description of the training of the individuals must be provided to the Beach Watch Coordinator. Sample Collection. One sample will be collected at each station. For every 10 stations sampled on any given day, a second sample must be collected at one of the stations as required by the QAPP. Samples shall be collected within arm's length of each other. Sample collection may be done side-by-side or concurrently. All water samples shall be collected as follows: Step-by-Step Procedures for Local Contractors. The following procedures for sampling are based upon text taken from Part II, Section A, of the EPA publication "Microbiological Methods for Monitoring the Environment: Water and Wastes" EPA-600/8-78-017, December 1978. 1. Identify the sampling site on a chain of custody tag, if required,or on the bottle label and on a field log sheet. 2. Enter specific details to identify the sample on a permanent label. Take care in transcribing sampling information to the label. The label should be clean,waterproof, non-smearing,and large enough for the necessary information. The label must be securely attached to the sample bottle but removable when necessary. Preprinting standard information on the label can save time in the field. The marking pen or other device must be non-smearing and maintain a permanent legible mark. 3. Remove the bottle covering and closure just before obtaining each sample and protect them from contamination. Be careful not to touch the inside of the bottle itself or the inside of the cover. 4. The first sample to be prepared is the trip blank (at least one per sampling day for routine sampling is recommended). Open the sampling bottle and fill it with 100 ml of sterile buffered dilution solution when collecting freshwater, estuarine, or marine water samples. Cap the bottle and place it in a cooler. The trip blank will be used to verify samples have been maintained at the correct temperature for transportation. 5. To collect the water samples, carefully move to the first sampling location. If wading in the water, try to avoid kicking up bottom material at the sampling station. The sampler should be positioned downstream of any water current to take the sample from the incoming flow. Samples shall be collected in approximately two feet of water. 6. Open a sampling bottle,grasp it at the base with one hand, and plunge the bottle mouth downward at 90 degrees into the water to avoid introducing surface scum. Position the mouth of the bottle into the current away from the hand of the sampler. The sampling depth should be 15 to 30 centimeters BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 (6 to 12 inches) below the water surface, depending on the depth from which the sample must be taken. Samples collected in less than the two-foot standing depth will collect the sample at the 15- centimeter (six inch) sampling depth to avoid the collection of sedimentation. Allow time for sediment settling prior to collecting the sample. If the water body is static, an artificial current can be created by moving the bottle horizontally with the direction of the bottle pointed away from the sampler. Tip the bottle slightly upward to allow air to exit and the bottle to fill. 7. Remove the bottle from the water body. 8. Pour out a small portion of the sample to allow an air space of 2.5 centimeters (1 to 2 inches)above each sample for proper mixing of the sample before analysis. [NOTE:If the bottle contains any debris, contaminants, or excessive sediment/sand, a new bottle must be used. Do not discard the water sample and refill the bottle.] 9. Tightly close the stopper. 10. Complete a Field Observation Form (FOF) for each beach to record the full details on sampling and other pertinent remarks, such as flooding, rain, or extreme temperature, that are relevant to interpretation of the results. This record also provides a back-up record of sample identification. 11. Place the samples in a suitable container and transport them to the laboratory as soon as possible. Adhering to sample preservation and holding time limits is critical to the production of valid data. Bacteriological samples should be iced or refrigerated at<10°C during transit to the laboratory. Use insulated containers such as plastic or Styrofoam coolers, if possible,to ensure proper maintenance of storage temperature. Take care to ensure sample bottles are not totally immersed in water during transit or storage. Process samples as soon as possible after collection. Do not hold samples longer than six hours between collection and initiation of analysis (US Environmental Protection Agency, 2000). Do not analyze samples that exceed holding time limits. 12. Collect water samples for analyses of other parameters in separate appropriate containers at the same time and perform analyses as specified in the methods. 13. Field Split Sampling:A field split is a single sample subdivided by field staff immediately following collection and submitted to the laboratory as two separate, identified samples. Split samples are preserved, handled, shipped, and analyzed identically and are used to assess variability or related to special project sampling. When collecting water samples for a field split,collect water samples in a sterile, unused 1000ml container. • Using the 1000ml container, follow the above sample collection procedure using steps 4-8. • Prepare pre-labeled 125ml bottles from the above step 1 by placing them on a stable, flat surface. Ensure the bottle caps are not contaminated by placing them with the threads facing up. • While keeping the 1000ml lid affixed, vigorously shake the bottle for 10 seconds, ensuring any particulates are suspended in the sample. • In rapid succession, remove the lid and pour contents into the two separately prepared 125ml containers, then immediately place the caps on. Depending on technique and timing, additional swirling of the 1000ml during this process may be needed to ensure particulates remain suspended. • Follow steps 11-12 in the above procedure. 14. After collecting samples from a station, wash hands and arms with alcohol wipes, a disinfectant lotion, or soap and water, and dry to reduce exposure to potentially harmful bacteria or other microorganisms. BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 Labeling the Samples. Each sample bottle shall be labeled with the following information: • Date and time of sample collection • Sampler's name • Sample letters and station number as identified in Appendix C of the QAPP (identify the first sample with the letter "A" after the station number, the second sample with the letter "B" and so forth) Delivery of Samples to the Laboratory. Upon completion of sample collection, the samples must be delivered to the designated laboratory for testing within 6 (six) hours of collection. During transport to the laboratory, all samples must remain in a cooler packed in ice. If necessary, additional ice may be added during the sampling day. Sampling Documentation. A FOF must be completed for each station. Multiple stations may be included on a single FOF if all the data is the same. A copy of a completed FOF must be provided to the designated laboratory(if different than the Provider). The Provider shall retain all FOFs. Data from the FOFs must be submitted electronically, once a month, in a spreadsheet format supplied by the Beach Watch Coordinator. Other indicators to be noted on the FOF shall include: • Dead fish, birds, or other animals on beach • Number of people at the site • Submerged debris in water(sargassum, dead fish, flood debris, etc.) • Debris on beach (sargassum, algae, flood debris, trash, tar balls.) • Water color and water odor • Longshore current (speed and direction) V. PUBLIC NOTICE/ISSUING ADVISORIES Determining Bacteria Levels. One sample will be collected at each station and will be used to determine when an advisory shall be recommended. Where two samples are collected at a station as required in the QAPP for QA/QC purposes, the average of the two samples shall be used. Recommending/Issuing Advisories. If the average of the one(or two)samples exceeds the Single Sample Maximum Density value of 104 cfu/100ml, an advisory shall be recommended to the local government contact(s). Sampling shall continue daily until the values are back below the standard. This includes weekends and summer holidays. Public Advisory. If the Provider is a local government,the local government will be responsible for issuing a public advisory and advisory signs must be posted. Failure to post the signs will result in immediate termination of the contract. If the Provider is not a local government,the GLO will notify the local government. The Provider may post the advisories signs if authorized by the local government. BEACH WATCH WORK PLAN Aransas County, Nueces County, and San Patricio County September 1, 2024 to August 31, 2025 VI. DATA ENTERY The Provider through the Beach Watch Program's data entry website (https://s3.glo.texas.gov/beaches2009/login.cfm) must submit sampling results. Data must be entered into the website within one hour of receiving the results. Only extenuating circumstances such as power outage or Internet connectivity problems will preclude this requirement. If extenuating circumstances occur that preclude entering the data within one hour, the Provider shall notify the Beach Watch Coordinator by any means possible. The Provider will complete a QA/QC weekly data check report and submit it to the TBW Project Manager through email by 10 am the day after results are submitted. TBW QA/QC weekly data check Date sample collection date Number of samples collected total use the email that does not have highlighted Number of samples in notification email colors to account for field dupes. List of results not entered into database. Include Missing Data Date, Site ID, result, and time collected List of results that need to be deleted. Include Duplicate data Site ID and Date VII. DELIVERABLES 1. Budget breakdown by category Due Date: 09/30/2024 2. Review Sign and Return QAPP Due Date: 10/31/2024 3. Inventory of signs. Include location and photos Due Date: 11/31/2024 4. Reimbursement requests Due Date: Monthly 5. Field Observation Forms Due Date: Monthly Vill. SPECIAL CONDITIONS 1. This project must be completed as described in this work plan. 2. The GLO must approve any changes in the scope of work. 3. The GLO must approve any budget category revisions per Exhibit 3. 3. GLO and Texas Beach Watch logos, must be printed on education/outreach materials, signs, and clothing when referencing information from the Texas Beach Watch program. 4. The contractor must coordinate with the GLO prior to issuing press releases, conducting media events, or otherwise engaging in any media related communications for this project. EXHIBIT 1 Sampling Schedule Sampling Schedule September 1,2024 through August 31,2025 Sample Week Sample Event # Sample Week Sample Event # 09/02/2024 Yes 1 03/03/2025 Yes 18 09/9/2024 Yes 2 03/10/2025 Yes 19 09/16/2024 Yes 3 03/17/2025 Yes 20 09/23/2024 Yes 4 j 03/24/2025 Yes 21 09/30/2024 Yes 5 03/31/2025 Yes 22 10/07/2024 Yes 6 04/07/2025 No 10/14/2024 Yes 7 04/14/2025 Yes 23 10/21/2024 Yes 8 04/21/2025 No 10/28/2024 Yes 9 04/28/2025 Yes 24 11/04/2024 Yes 10 05/05/2025 Yes 25 11/11/2024 No 05/12/2025 Yes 26 11/18/2024 Yes 11 05/19/2025 Yes 27 11/25/2024 No 05/26/2025 Yes 28 12/02/2024 Yes 12 06/02/2025 Yes 29 12/09/2024 No 06/09/2025 Yes 30 12/16/2024 Yes 13 06/16/2025 Yes 31 12/23/2024 No 06/23/2025 Yes 32 12/30/2025 No 06/30/2025 Yes 33 01/06/2025 Yes 14 07/07/2025 Yes 34 01/13/2025 No 07/14/2025 Yes 35 01/20/2025 Yes 15 07/21/2025 Yes 36 01/27/2025 No 07/28/2025 Yes 37 02/03/2025 No 08/04/2025 Yes 38 02/10/2025 Yes 16 08/11/2025 Yes 39 02/17/2025 No 08/18/2025 Yes 40 02/24/2025 Yes 17 08/26/2025 Yes 41 08/30/2025 Yes 42 EXHIBIT 2 Field Observation Form J xa& X - p BEACH WATCH FIELD OBSERVATION FORM.com TEXAS GENERAL LAND OFFICE Date: Field Technician: Laboratory Recipient: Start Time Time Delivered End Time DehveryTemperaWre Water Surface: 1-Calm 2-Ripples 3-Chop 4-Swells 5-Other Clarity: 1-Clear 2-Cloudy 3-Turbid Water Color: 1-Md. Brown 2-Dk Brown 3-Red Brown 4-Green Brown 5-Yellow Brown 6-Blue Green 7-Blue Tide: 1-High 2-Low 3-Ebb 4-Flood 5-Other Trash: 1-Light 2-Medium 3-Heavy 0-None Smell: 1-Sewage 2-Oily 3-Fishy 4-Rotten Egg 5-Other 0-None Debris: 1- Shells 2-Dead Fish 3-Dead Crabs 4-Other(See Comments) 0-None Sargassum: 1-Light 2-Medium 3-Heavy 0-None Algae/Seaweed: 1-Light 2-Medium 3-Heavy 0-None Rip Current: 1-Advisory 0- No Advisory (See Lifeguard Flags) Field Observation Form ® Water Surface: O Calm ®Ripples ®Chop 0 Swells O Other Smell; O Sewage O Oily O Fishy O Rotten Egg O Other 4D None Clarity: O Clear ®Cloudy ®Turbid Debris: 4 Shells 0 Dead Fish O Dead Crabs 0 Other{See comments) O None Water Color. 0 Md.Brown ®D.Brown O Red Brawn O Green Brown A Yellow Brown Sargassum: O Light ®Medium O Heavy O None ® Blue Green 7.0ther Rip Current: O Advisory O No Advisory(See Life guardflags) Tide; O High O Low ®Ebb O Flood A Other Algae/Seaweed: O Light O Medium O Heavy ®None Trash: O Light ®Medium O Heavy 0 None SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO ❑YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY put START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME caul CRAB r JELLYFISH WIND SPD RA WALL. 1Q�iLLl TIME FISH 0 SMELL 0 WATER SUtF 24 HRS ❑ �J ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑ND ❑YES ❑ND ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP -F ALGISWD 0 DOGS 0 AIR TEMP 0 SALINITY upt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME cful CRAB 0 JELLYFISH 0 WIND SPD 0 RAINFALL 10)mL TEND IME FISH 0 SMELL 0 WATER SURF 24 HRS ❑ U59M& ❑ DUP TRASH 0 RIP CUR 0 TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY 0 COMMENTS SAMPLE SITE BEACH SEGMENT ID OBSERVATIONS SIGNAGE PRESENT SIGNAGE CORRECT ❑NO []YES ❑NO ❑YES TIME COLLECTED COLLECTION DEPTH BEACH DEBRIS 0 PEOPLE 0 WEATHER WATER TEMP 0 ALGISWD 0 DOGS AIR TEMP 0 SALINITY Apt START ENTERO RESULTS SARGASSUM 0 BIRDS 0 WIND DIR TURBIDITY 0 TIME cfu] CRAB JELLYFISH 0 WIND SPD RAINFALL TEND IME 100mL FISH SMELL 0 WATER SURF 24 HRS ❑ ❑ DUP TRASH 0 RIP CUR TIDE 3 DAYS WATER COLOR 7 DAYS CLARITY COMMENTS EXHIBIT 3 TBW Administrative and Financial Guidance TEXAS BEACH WATCH ADMINISTRATIVE& FINANCIAL GUIDANCE EPA-FUNDED PROJECTS TABLE OF CONTENTS: Pre-Contract Execution ..............................................................................................................2 WorkPlan Development............................................................................................................2 Contracting.................................................................................................................................2 Kick-Off Call .............................................................................................................................3 Post-Contract Execution.............................................................................................................3 SubrecipientGrant Agreement ..................................................................................................3 Reporting....................................................................................................................................3 ContractAmendments ...............................................................................................................4 Acknowledgement of TBW Funds ............................................................................................4 Performance Monitoring, Evaluations and Risk Assessment....................................................4 SiteVisits...................................................................................................................................5 Geographic Information Systems Data Products.......................................................................5 IntellectualProperty...................................................................................................................5 AuditCompliance......................................................................................................................6 Periodof Retention....................................................................................................................6 EPA-FUNDED PROJECTS -FINANCIAL REQUIREMENTS...............................................6 GeneralRequirements.................................................................................................................6 Financial Assistance Standard Terms and Conditions...............................................................6 Invoices and Reimbursements ...................................................................................................7 Unallowablecosts......................................................................................................................7 Withholding...............................................................................................................................7 Endof Year Balance ..................................................................................................................7 TBWBudget Categories .............................................................................................................8 Salary.........................................................................................................................................8 Fringe.........................................................................................................................................8 Travel.........................................................................................................................................8 Supplies......................................................................................................................................9 Equipment................................................................................................................................ 10 TEXAS BEACH WATCH EPA-FUNDED PROJECT ADMINISTRATIVE EXPECTATIONS Pre-Contract Execution Work Plan Development Upon notification of contract continuation in June 2024,the Texas General Land Office Texas Beach Watch program (TBW) project manager will begin working with City of Corpus to develop the work plan and budget.TBW will help ensure the project produces deliverables consistent with the BEACH Act of 2000. As part of the work plan development, the TBW project manager will work with applicants to create a detailed budget narrative. The budget narrative is a breakdown of how the project intends to spend TBW funds under each budget category. City of Corpus will only be authorized to use project funds on items included in the budget narrative. If City of Corpus would like to use project funds on an item not included in the mutually agreed upon budget narrative once the project begins, the applicant will need to first request approval from the TBW project manager. Please note,funding is not guaranteed for a TBW project until City of Corpus and TBW staff come to a mutually agreed upon work plan, budget narrative, all required supporting documentation is submitted, and a final contract is executed. If a project work plan cannot be agreed upon or if eligibility issues are uncovered during TBW staff review of the supporting documentation, the funding invitation will be withdrawn. The agreed upon work plan and budget narrative should not be altered or amended after receipt of the final funding notification to ensure timely execution of the grant award. Contracting TBW funds are available for use starting September 1, 2024. However, subrecipients cannot start work on their project until the GLO contract is fully executed, meaning all GLO and subrecipient signatures are secured.The GLO will not reimburse any work that occurs prior to the contract effective date. The GLO strives to maintain uniformity and fairness in its treatment of all subrecipients. Using standard and unvarying language in contracts ensures each subrecipient is treated equitably and allows management of contracts to be streamlined and consistent. The GLO will not accept revisions to the contract or its attachments, except as necessary to correct errors or accurately reflect legal requirements and limitations. Kick-Off Call The GLO will host a kick-off call with the subrecipient in August 2024 to go over the project work plan, budget, deliverables, due dates, and project expectations prior to contract execution. Subrecipients are highly encouraged to ask questions and bring up concerns,as needed. Subrecipient kick-off call attendees should include the project manager,the financial reporter and anyone else pertinent to the success of the project. Post-Contract Execution The GLO expects the subrecipient project manager to maintain clear and open communication with the TBW project management staff throughout the grant award period. Adhering to the project's timeframe (12-months) is paramount. Subrecipient Grant Agreement TBW grant funding is provided through the issuance of a binding and enforceable contract between the subrecipient and the GLO. This contract, called a subrecipient grant agreement, sets forth the terms and conditions of the grant to the subrecipient, and includes other contract documents governing the grant, such as the approved project work plan and budget. The subrecipient is legally responsible for successfully completing each task and producing each project deliverable as specified in the approved work plan. If the funding amount approved for a task is underestimated, the subrecipient is responsible for providing any additional funding needed to complete the project as approved. Reporting TBW sample summary reports and reimbursement requests are due on or before the tenth day of the month following the reporting period.TBW sample summary reports should be completed on the provided standard template form, which includes a description of each task's status, major accomplishments for the reporting period, deliverable/milestone completion/submission dates, obstacles encountered, a description of plans for the next reporting period,and a list of personnel that worked on the grant activities during the reporting period. If a task has not started, this should be noted in the progress report. Reimbursement request requirements are detailed below in the financial requirements. Subrecipients will submit TBW sample summary reports, deliverables, and reimbursement requests to the GLO via the vendorinvoices@glo.texas.gov and lucy.flores@glo.texas.gov monthly. Reporting frequency is determined by project and entity type. Reporting frequency requirements are denoted in the project work plan, which will be contained in Attachment A of the subrecipient grant agreement. Reimbursement requests must be submitted with progress reports every month or quarter, even if they contain a $0 request. Progress reports,deliverables and reimbursement requests should be submitted on or ahead of the date specified in the work plan. If a delay is anticipated, the subrecipient should email the TBW project manager notifying them of the impending delay. Contract Amendments Informal contract amendments are amendments that do not substantively change the project scope or outcome(e.g.,changes to deliverable and task due dates within the 12-month contract period and budget revisions that do not increase or decrease the project budget). Subrecipients must submit a written request for an informal contract amendment to the GLO independent of routine progress reports. For budget revisions that do not change the overall budget, subrecipients must submit a completed Budget Amendment form.The form is available upon request. Formal contract amendments include changes to the project scope, increases or decreases to the project budget,and extensions to the project duration beyond the 12-month contract period. For Subrecipients must submit a written request with acceptable justification to the GLO for consideration at least 90 days prior to the expiration of the contract. Subrecipients may request a contract extension provided additional time is required for the successful completion of the project and the term of the contract does not extend beyond the Federal Award period. Note, requests will be considered on a case-by-case basis and can potentially impact future funding considerations. Subrecipients must fulfill tasks as described in the subrecipient grant agreement as projects are awarded based on the information provided in the original application. Substantive modifications to the contract tasks, budget, or deliverables may require EPA review and approval. Acknowledgement of TBW Funds Publications, materials, and permanent signage produced with grant funding must include the required acknowledgement statements as well as the EPA, GLO and TBW logos. Acknowledgement language is provided in the subrecipient grant agreement. Reports, papers, requests for proposals,and bid solicitations must provide the acknowledgement statement and the EPA, GLO and TBW logos on the front cover or title page of the document. Performance Monitoring, Evaluations and Risk Assessment To ensure compliance with expectations, GLO staff will provide the subrecipient with a "Project Monitoring and Review Timeline" at the beginning of the grant contract.The timeline will detail how TBW staff will review, audit, and assess a project's compliance during the grant and provide information on the consequences of non-compliance. Please note, adherence to this schedule can play a role in securing future grant funding. The GLO will perform quarterly project evaluations and annual risk assessments.These mechanisms will be used by GLO staff to identify contracts that may need additional monitoring and/or oversight and identify areas of risk. Additional monitoring activities may include telephone calls, meetings, desk reviews and site visits. Subrecipients will be notified in writing if non-compliance issues are identified during either the quarterly or annual reviews. Site visits The GLO will conduct at least one site visit during the grant period for TBW projects. Subrecipients must provide the GLO or other agencies of the state or federal government reasonable access to the site for project monitoring. Geographic Information Systems Data Products Data, databases, and products associated with electronic Geographic Information Systems (GIS) that have been collected, manipulated,or purchased with TBW grant funds will be subject to all applicable terms of the Texas Administrative Code(TAC) Rule §205.10, State Agency Geographic Information Standards (texreg.sos.state.tx.us/public/readtac$sub.ListRegister?p reg id=288527). Any GIS data to be transferred or exchanged that is collected,manipulated,or purchased with funds from this contract must be documented as specified in the Federal Geographic Data Committee's (FGDC) Content Standard for Digital Geospatial Metadata (CSDGM). The federal metadata standard is available online at www.fgdc.gov/metadata/csdgm. Any electronic spatial data collected, manipulated, or purchased with TBW grant funds and/or local match funds shall be transferred in a mutually acceptable GIS format,along with appropriate documentation. Non- spatial data deliverables(textual,spreadsheet, database,etc.)must be delivered in standard text, image,or database formats, and on mutually acceptable delivery media. All applicants are expected to comply with these guidelines.An applicant who cannot comply with these guidelines must provide a written justification detailing why an exception is warranted. Intellectual Property Subject to the rights of the federal government, the GLO will own, and the subrecipient must irrevocably assign to the GLO, all ownership right, title, and interest in and to all intellectual property acquired or developed bythe subrecipient in connection with the TBW grant,including without limitation all intellectual property in and to reports, drafts of reports, data, drawings, computer programs and codes, and/or any other information or materials acquired or developed bythe subrecipient in connection with the TBW grant. The GLO will have the right to obtain and to hold in its name all patents, copyrights, trademarks, service marks, registrations, or such other protection as may be appropriate to the subject matter, including extensions and renewals. Subrecipients must give the GLO and the State of Texas, as well as any person designated by the GLO or the State of Texas, all assistance and execute such documents, as required to perfect the intellectual property rights granted to the GLO without any additional charge or expense. Audit Compliance Subrecipients who expend $750,000 or more in federal awards during a fiscal year must obtain an annual audit and comply with audit requirements set forth in 2 C.F.R. Part 200, Subpart F. Subrecipients who are under this threshold must submit a completed Audit Reporting Form within 60 days of the end of their fiscal year. The Audit Reporting Form can be found attached to your contract. Entities, such as state agencies and institutions of higher education, subject to the statewide single audit are not required to submit the Audit Reporting Form. All subrecipients are subject to audit. Subrecipients selected for audit must provide the GLO and other agencies of the state and federal government reasonable access to the project site and to project records. Project records and deliverables are subject to the state and federal administrative and audit regulations, including the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards(2 C.F.R. Part 200). Period of Retention Unless applicable federal laws or regulations specify a longer retention period, subrecipients are required by state law to retain project files for a seven-year period following the official grant award closeout date or until final audit resolution is reached. Following closeout,subrecipients will receive a letter from the GLO specifying the period of retention for the grant award. EPA-FUNDED PROJECTS- FINANCIAL REQUIREMENTS General Requirements Financial Assistance Standard Terms and Conditions Subrecipients must comply with the Department of Commerce Financial Assistance Standard Terms and Conditions, including the Office of Management and Budget (OMB) Uniform Guidance (2 C.F.R. Part 200) and all associated Terms and Conditions.Subrecipients should refer to 2 C.F.R.§200.101(b)(1)to determine the applicability of 2 C.F.R. Part 200 and 2 C.F.R. § 200.330 (Subrecipient and contractor determinations) through § 200.332, (Subrecipient monitoring and management).The Standard Terms and Conditions is available on the GLO website. Subrecipients should review and understand the subrecipient grant agreement requirements and all applicable state and/or federal assurances, certifications, OMB rules, Uniform Management Grant Standards and travel rules and guidelines, including the following: • Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards (2 C.F.R. Part 200) • Assurances for Non-construction (SF-424B)/Construction Projects (SF-424D) • Certifications regarding Debarment, Suspension, and other Responsibility Matters; Drug Free Workplace Requirements and Lobbying (CD-511) • Certifications regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion— Lower Tier Transactions (CD-512) • State of Texas Travel Guidelines (TexTravel) - https://fmx.cpa.state.tx.us/fmx/travel/textravel/index.php Invoices and Reimbursements TBW is a reimbursement-based grant program. The subrecipient is expected to make the initial outlays for the project. The GLO will only reimburse the subrecipient for allowable, budgeted expenses. Any costs incurred prior to the effective date or after the termination or expiration of the subrecipient grant agreement are not eligible for reimbursement unless agreed upon by the GLO and City of Corpus. Payments are directly linked to grant performance and may be withheld if project schedules are not met and/or deliverables are not submitted. Subrecipients are required to submit reimbursement requests and documentation for local and third-party match with the corresponding progress report on or before the 10th day of the month following the reporting period. Reimbursement requests should be submitted to Vendorinvoices@glo.texas.gov, Gloria.maynard@glo.texas.gov and Lucy.Flores@glo.texas.gov. If a subrecipient does not incur expenses during the reporting period,a$0 invoice should still be submitted. For the final invoice,documentation for reimbursement requests must be submitted within 60 days from the date the expense is incurred. Invoices must be submitted on the approved GLO forms. Subrecipients must include documentation that adequately supports the expenses. Documentation of direct costs must be acceptable to the GLO. Subrecipients should be set up for direct deposit for reimbursements. Unallowable costs Unallowable costs, as defined in 2 C.F.R. Part 200, Subpart E — Cost Principles, are ineligible for reimbursement Unallowable costs include, but are not limited to, costs related to alcohol, contingency, entertainment,fundraising,sponsorship,tips,and any staff or program not directly related to TBW activities. The reimbursement of administrative costs is prohibited. Withholding To ensure completion of the project in accordance with the subrecipient grant agreement, the GLO may withhold an amount equal to five percent (5%) of the budget. Final disbursement will occur upon project completion and submission of final deliverables. End of year balance If at the end of the contract there is a surplus of funds in the City of Corpus designated TBW account. All funds must be used on TBW related expenses with GLO approval in preparation for the new year. The use of surplus funds may be used for the purchase of a TBW program vehicle, TBW vehicle maintenance, scientific equipment, supplies, etc. TBW Budget Categories Salary Salary includes the wages of the subrecipient's personnel working directly on the project. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request. Documentation must be acceptable to the GLO. Fringe Fringe benefits include allowances and services provided to employees by the subrecipient as compensation in addition to regular salaries and wages.Fringe benefits should be limited to no more than 35%of individual salaries and wages. For reimbursement documentation, subrecipients are required to submit time sheets or another form of documentation from the payroll system for all subrecipient staff paid by the grant upon GLO request. Documentation must be acceptable to the GLO. Travel Travel costs include expenses for transportation, lodging, subsistence, and related items incurred by employees traveling for project-related purposes. Subrecipients must claim actual expenses for travel not to exceed the maximum allowable rates. Reimbursement of per diem rates is not permitted. Itemized receipts and proof of payment must be submitted for reimbursement documentation upon GLO request. Reimbursement for lodging, travel, and other incidental direct expenses must be limited to the rates established in the Texas Administrative Code and the State of Texas travel guidelines, Textrovel. Additional information is available at https://fmx.cpa.state.tx.us/fmx/travel/textravel/. Lodging and meal reimbursement must not exceed the allowable U.S. General Services Administration per diem rates at https://www.gsa.gov/travel/plan-book/per-diem-rates. Mileage rates must not exceed the allowable State rate at https://fmx.cpa.state.tx.us/fmx/travel/textravel/rates/current.php. Travel-related expenses to attend specific meetings, conferences or events must be included in the subrecipient's mutually agreed upon budget narrative. If not included in the original budget narrative,the subrecipient must submit an acceptable justification and receive the TBW project manager's written approval prior to the travel. Grant funds should only be spent on travel necessary to complete the goals and deliverables delineated in the project work plan. Travel should occur within Texas. Grant funds may be used to travel to one (1)out- of-state conference, meeting, or workshop. Out-of-state travel is limited to the contiguous United States and must be strongly justified and approved by the TBW project manager. Supplies Supplies include all personal property with an acquisition cost of less than$5,000 per unit.Supplies must be purchased during the contract period for the purpose of implementing the project unless prior GLO approval was attained. Subrecipients must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement o be Followed when procuring supplies. Itemized receipts and proof of payment are required as reimbursement documentation. Equipment Equipment includes tangible, non-expendable personal property with a useful life of more than one year and an acquisition cost of more than $5,000 per unit. Subrecipients must comply with 2 C.F.R., Part 200,Sec.320 Methods of Procurement to be Followed when procuring equipment. Subrecipients are prohibited from purchasing equipment not included as a reimbursable item in the subrecipient grant agreement. Subrecipients must perform a lease versus purchase analysis to ensure it's more cost efficient to purchase the equipment rather than lease. Written approval must be received from TBW staff before an equipment purchase can be initiated. Itemized receipts and proof of payment are required as reimbursement documentation. Subrecipients must retain title to, and possession of equipment purchased with grant funding unless the equipment is transferred to the GLO, upon written request by the GLO.The final request for reimbursement must include a list of all equipment purchased as part of the project, including the name of the manufacturer, the model number, and the serial number. Disposition of equipment must follow state and federal audit regulations. Contractual The contractual category includes all subrecipient subcontracts required,as determined by the subrecipient, to implement the project. This budget category would include "professional services" as defined in Texas Government Code Chapter 2254 (i.e., architects, landscape architects, land surveying, land appraisers), engineering contracts, construction contracts and university subawards. Per the TBW subrecipient grant agreement, these subrecipient subcontracts must comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed when procuring contractual services. Competitive bidding procedures must be followed as required and in all other cases when possible. Per State law, architectural and engineering services cannot be competitively bid and must be acquired using a Request for Qualifications. Subrecipients must provide the GLO with a copy of each subcontract agreement and any subsequent amendments, including agreements with third-party contributors, within 10 business days after execution. Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements) as reimbursement and match documentation. A competitive bid process is required to establish a subcontract under the following circumstances: • <$50,000: no Request for Proposals/Qualifications required • >$50,000: Competitive Request for Proposals/Qualifications must be obtained from a minimum of 3 biddersFor state agencies and state universities, state procurement rules apply, even when using federal funds (2 CFR 200.317). Applicable thresholds include: • < $10,000 - no Request for Proposals/Qualifications required-Can issue purchase order directly to vendor. • < $25,000 -informal Request for Proposals/Qualifications process required • >$25,000 -formal Request for Proposals/Qualifications process required Other Costs include any anticipated purchases excluded from all other budget categories, including printing, registration fees, equipment rental, student tuition, fleet vehicle use and volunteer time. Subrecipients must include itemized receipts or invoices for budgeted expenses and documentation(e.g.,canceled checks or copies of bank statements)verifying the subrecipient has paid all invoices submitted for reimbursement or as match. Vendor/Service Contracts: Vendors or goods and service contracts should be budgeted under the Other category.While not required per the TBW subrecipient grant agreement,these contractors should attempt to comply with 2 C.F.R., Part 200, Sec. 320 Methods of Procurement to be Followed, when possible, and adhere to the thresholds list in the Contractual section above. Subrecipients must provide the GLO with a copy of each vendor/service contract agreement and any subsequent amendments, including agreements with third-party contributors, within 10 business days after execution.Subrecipients must submit invoices and proof of payment(e.g.,canceled checks or copies of bank statements)as reimbursement and match documentation. Computers and Computer Software:Subrecipients are prohibited from purchasing computer software not included as a reimbursable item in the subrecipient grant agreement.Computers,accessories,and computer software cannot be purchased within the final three (3) months of a grant award. Salary and Tuition:Subrecipients may request reimbursement for both salary and/or wages and tuition costs earned by the same student working directly on the project. Indirect and Allocated Direct Costs Indirect and Allocated Direct costs include the costs of continuing operation as established by the Negotiated Indirect Cost Rate Agreement(NICRA)and the Cost Allocation Plan (CAP). Reimbursement of these costs is prohibited. Ordinance Ordinance authorizing execution of Texas Beach Watch (TBW) grant contract with General Land Office (GLO) to perform collection and analysis of water samples from designated sampling stations and notification of the public water quality advisories to the public. For the contract period September 1 , 2023, through August 31, 2024("Fiscal Year 2024" or "FY2024"). City Council August 13, 2024 Background and Summary General Land Office (GLO) Texas Beach Watch (TBW) Grant • To be used for collection and analysis of water samples from designated sampling stations in Aransas, Nueces, and San Patricio Counties, Texas; all procedures required by, and in accordance with, the QAPP. Provider shall perform project tasks in accordance with this Contract and the details in any Work Order(s) issued under this Contract. • Contract shall be effective as of the earlier of September 1, 2020, and shall terminate on August 31, 2025 City Council August 13, 2024 Background and Summary GLO Work Order Work Order is effective on September 1, 2024, and shall terminate or August 31, 2025 • Total compensation due to Provider for services performed and costs incurred pursuant to this Work Order is not to exceed $140,000.00. • Provider will be reimbursed $55.00 for each base sample submitted • Provider will be reimbursed $70.00 for each repeat sample required. City Council August 13, 2024 Fiscal Impact and Staff Recommendation Fiscal impact No fiscal impact for FY2025. • All positions are 100% grant funded. o 1 FTE position Staff Recommendation: Approval of the two-reading ordinance. City Council August 13, 2024 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of August 13, 2024 ss52 Second Reading for the City Council Meeting of August 20, 2024 DATE: August 2, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO, Assistant City Manager HeatherH3(o-)-cctexas.com 361-826-3506 Ordinance Terminating Tax Increment Reinvestment Zone (TIRZ) #5 CAPTION: An ordinance terminating Tax Increment Reinvestment Zone (TIRZ) #5, City of Corpus Christi, Texas; dissolving the tax increment fund for the zone; dissolving the board of directors for the zone; providing an effective date; and appropriating and transferring related funds as necessary. SUMMARY: This item is an ordinance to terminate the Tax Increment Refinancing Zone (TIRZ) #5. On January 31, 2023, the City Council approved a motion to cancel the developer reimbursement agreement with South Padre Investment, Inc. due to the sale of one third of the property to a different developer for use in a different project. BACKGROUND AND FINDINGS: On July 14, 2020, the City Council was presented with an overview of a developer-petitioned Tax Increment Reinvestment Zone (TIRZ) called Bohemian Colony (BOCO) for developer reimbursement of street, sewer, stormwater, water infrastructure, and maintenance of a proposed 10-acre park. The proposed 258.9-acre development was located on the southwest corner of South Padre Island Drive (SPID) and Crosstown Expressway and is currently used primarily for agricultural purposes. The proposed development was to have 999 multifamily units, 777 townhomes, and 450,000 square feet of commercial space. The TIRZ was finalized and a development agreement was approved in late 2020. In October 2022, staff were made aware that the landowner for the property located in the TIRZ sold approximately one-third of the land to another developer who is proposing a different type of development. The new developer indicated that they had the option to purchase more of the land for future development. Staff reached out to the original developer in November 2022. The developer indicated that despite his best efforts, the development as proposed would not be moving forward. The developer had no objection to canceling the existing development agreement. In December 2022, a memo went out to City Council regarding the situation and in January 2023, an identical memo was sent to the TIRZ #5 Board. The TIRZ#5 Board is not required to approve the cancellation of the developer agreement prior to it being presented to council so at the City Council meeting on January 31, 2023, cancellation was approved by the council. Since the cancellation of the development agreement in early 2023 there have been no new development proposals for the site. Due to this, staff is recommending to terminate the zone. ALTERNATIVES: City Council could choose to not terminate the zone FISCAL IMPACT: There is no fiscal impact. RECOMMENDATION: City staff recommend termination of TIRZ #5 since the project as proposed will not be moving forward and all required documentation has been closed and/or finalized and no additional development proposals have been submitted for consideration. LIST OF SUPPORTING DOCUMENTS: Ordinance—TIRZ #5 (BOCO) Termination Presentation ORDINANCE NO. AN ORDINANCE TERMINATING TAX INCREMENT REINVESTMENT ZONE NUMBER FIVE, CITY OF CORPUS CHRISTI, TEXAS; DISSOLVING THE TAX INCREMENT FUND FOR THE ZONE; DISSOLVING THE BOARD OF DIRECTORS FOR THE ZONE; PROVIDING AN EFFECTIVE DATE; AND APPROPRATING AND TRANSFERRING RELATED FUNDS AS NECESSARY. WHEREAS, on August 18, 2020, the City Council of the City of Corpus Christi, Texas ("City Council") adopted Ordinance No. 032183, designating Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas, (the 'Zone") pursuant to Chapter 311 , Tax Increment Financing Act, Texas Tax Code; and WHEREAS, Ordinance No. 032183, Section 4 provides that the Zone will terminate on the earlier of (i) December 31 , 2040; (ii) the date on whjch all project costs are complete and financing is no longer needed; or (iii) at an earlier or later time designated by subsequent ordinance of the City council; and WHEREAS, on October 27, 2020, the Corpus Christi City Council approved a Project and Financing Plan for TIRZ No. 5; and WHEREAS, on October 27, 2020, the Corpus Christi City Council approved a Development Reimbursement Agreement for TIRZ No. 5 entered into by the City of Corpus Christi, ("the City") and South Padre Investment, LP, a Texas limited partnership ("the Developer'); and WHEREAS in December 2023, the City received notice from Developer that he had sold portions of land for the Development and could not move forward with the project as agreed to; and thus, failed to perform obligations as set out in the Development Reimbursement Agreement and pursuant to the TIRZ No. 5 Project and Financing Plan; and WHEREAS, the Development Reimbursement Agreement between the City and the Developer has been terminated, the termination has been agreed to by all parties, and it is the desire of the City Council to terminate this TI RZ No. 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: A. That Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas is hereby terminated. B. That the Tax Increment Fund for Tax Increment Reinvestment Zone Number Five, City of Corpus Christi Texas is hereby dissolved and terminated. C. That the Board of Directors for Tax Increment Reinvestment Zone Number Five, City of Corpus Christi, Texas is hereby dissolved and terminated. D. That this Ordinance shall take effect and be in full force and effect from and after the date of its adoption by the City Council. ADOPTED this day of August, 2024. se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council Meeting of August 13, 2024 DATE: July 17, 2024 TO: Peter Zanoni, City Manager FROM: Randy Almaguer, Compliance Officer, CCREDC ralmaguer(a)-ccredc.com (361) 882-7448 Del Mar College Internship Program CAPTION: Ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 Internship program; appropriating $15,000 from the unreserved fund balance of the Type B fund; and amending the budget. SUMMARY: This ordinance allocates additional funds of$15,000.00 for the Del Mar College (DMC) Internship Program. The program is having great success with the $7.25 match with participating small businesses and anticipates an increase in participation for the summer and fall semester, 2024. BACKGROUND AND FINDINGS: During the June 17, 2024, meeting, the Type B board unanimously passed an amendment with the DMC Internship program to increase the FY2024 budget by $15,000.00 for a total amount not to exceed of$130,000.00. Del Mar College is requesting a funding increase of$15,000.00 for FY24, this request is necessary to maximize program reach and effectiveness. The program for calendar year, 2024 has had 32 intern placements and anticipates an additional 30-40 interns for the fall semester. The program is working to target efforts to increase the diversity of industries and student majors participating in the program. For the January— May report, 4 interns have been offered full time positions with the respective companies the student was interning at and were converted to FTE's. The program is forecasted to be over the original internship funding request of$115,000.00 by the end of December and has used $61,227.86 through June of 2024. Del Mar College has a program where students can work for a local company as an intern. The local company will pay minimum wage while the Type B grant will match the wage up to $7.25 per hour plus FICA. This encourages companies to hire interns, it allows the student to get real work experience, and has a goal to create new jobs. The Type B Board has funded this program since 2007. By using their program, small business owners can pay minimum wage and get a solid intern working in their major area of study. There are many things that interns can do for small businesses such as: • social media posts for the business's marketing plan • write copy for marketing, product descriptions for online listings • capture and collect analytics for marketing and websites. • put information into more digestible formats for business owners, using databases or other technology tools. • data entry for bookkeeping or record keeping • photograph, capture, and log products for online use. Load them to online stores. • capture customer information and maintain customer relations management systems. • customers follow up and communication. • other"field specific" tasks. ALTERNATIVES: The City Council may choose not to increase the additional funding or choose a lesser amount. FINANCIAL IMPACT: This item will add $15,000.00 from the Type B Economic Development Fund for a total amount not to exceed of$130,000.00 for the FY 2024 Internship program. FUNDING DETAIL: Fund: 1146 Type B Economic Development Organization/Activity: 15020 Small Business Projects Mission Element: 707 Project # (CIP Only): Account: 530000 Professional Services RECOMMENDATION: Staff recommend approving the funding increase. LIST OF SUPPORTING DOCUMENTS: Letter Requesting Type B Funding Increase Amended Agreement One-reading ordinance authorizing an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 internship program; appropriating $15,000.00 from the unreserved fund balance of the Type B fund; and amending the budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of $15,000.00, for a total not to exceed $130,000.00, are appropriated from the Type B Fund No. 1146-15020-57-530000 for the Del Mar College 2024 Internship Program. Section 2. The FY2023-24 Operating Budget is amended to increase expenditures by $15,000.00 for the Del Mar College 2024 Internship Program. Section 3. That the City Manager or designee is authorized to execute an amendment to a Small Business Incentives Agreement between the Corpus Christi B Corporation and Del Mar College, which increases the funding by $15,000.00 for a total amount not to exceed $130,000.00 for the 2024 internship program. Section 4. This section constitutes a written request by the mayor or majority of the members of the Council for this ordinance to be passed finally on the date of introduction due to emergency. The City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs; and suspends the City Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 1 of 1 Sn--k4c BIP DEL MAR COLLEGE Del Mar College SBIP- Corpus Christi DEL MAR COLLEGE SMALL BUS I NESS Job Development Internship Program 2024 Annual INTERNSHIP PROGRAM Report Jan-May June-Aug Sep-Dec Totals YTD End of Year Projection Employer Participation(Spots filled) 30 New Employer Participation 12 Student Participation 32 Part-Time Jobs Created Full-Time Jobs Created NEW:Intern-To-Full-time Converted 4 Grant Funding Spent in Dollars $61,227.86 Grant Funding Spent by Semester 2024 2023 21,439.54 2022 19,271.29 2021 - 8,502.88 2020 8,680.05 2019 14,457.00 2018 22,628.25 0.00 20,000.00 40,000.00 60,000.00 80,000.00 100,000.00 120,000.00 ■Spring Summer ■Fall Number of Interns 2024 2023 2022 2021 2020 2019 2018 0 10 20 30 40 50 60 70 80 90 ■Spring ■Summer ■Fall Business Partners Industries All Temps Personnel Accounting/Bookkeeping ANS Accounting Services,LLC Retail/Sales Atelier Salon*** Advertising,PR&Marketing Beacon Chiropractic Clinic Human Resource/Payroll Beauty&the Bistro Catering*** Real Estate Bub+Beck by Madison Taylor LLC Office Administration De Colores Childcare Coaching&Mentoring DMC-SBIP Cosmetology DMC-SBDC Culinary Arts Duke Controls Early Childhood/Childcare Elite Bookkeepping Medical Endless Styles Salon&Boutique GIS Fierce Advertising Hospitality Jakab Accounting Firm Audiovisual(media installation) Juarez Financial+Tax Business Services(recruitment/staffing) Lolly's Learn&Grow Center Oil Field&Gas Lunceford Tax Holdings(dba Jackson Hewitt Tax Service) Auto Repair Made in Corpus Christi Mi Mundo(childcare) N-Zone Sports Oceana Luxe MedSpa Palacios&Palacios*** Ray of Sunshine Salon South Texas Retina Texas Realty Exchange Texas Tech Audio Visuals Thomas Exxon Mobile Tranbarger&Company LLC SCCI Payroll Services Redbrix Property Group,LLC Near Future Business Partner Participation Justice Incorporated My Preschool&Child Development Center ***Currently have TWO interns Com an Name Industry Student Name Student Major Intern Position All Temps Temp Agency Anai Austin Business Administrative Personnel Administration Assistant ANS Accounting CPA Firm Yulivy Easley Accounting Accountant Services Atelier Salon Hair Salon Maria Suarez Cosmetology Hair Apprentice Atelier Salon Hair Salon Valeria Quezada Cosmetology Hair Apprentice Beacon Chiropractic Hannah Fry Nursing Assistant Chiropractic Clinic Clinic Beauty&the Catering Alexander Kuhn Culinary Arts Catering Bistro Attendant Beauty&The Catering Christopher Tyler Hospitality Catering Bistro Tichacek Attendant Bram Partners Childcare Cassandra Ortiz Early Childhood Teacher Inc Development Bub + Beck by Retail Store Mark Perez Journalism Social Media Madison Taylor Management De Colores Childcare Sarai Olivares Early Childhood Classroom Childcare Education teacher DMC-SBDC Business Noah Cantu GIS GIS Intern Development DMC-SBIP Internship Arianna Rios Communications Marketing and Program Operations DMC-SBIP Internship Yulivy Easley Accounting Data Entry Program Duke Controls Industrial Thomas Garcia Industrial Management Management Elite CPA Firm Michael Castillo Accounting Accountant Bookkeeping Endless Styles Hair Salon Alexus Campos Cosmetology Hair Apprentice Salon &Boutique Fierce Advertising Khalid Alabi Marketing Salesmen Advertising Agency Jakab CPA Firm Savannah Accounting Accountant Accounting Firm Spanutius Juarez Financial CPA Firm Amanda Accounting Accountant +Tax Wojciechowsl<i Justice Inc HVAC Services Albert Gonzales HVAC Maintenance Justice Inc HVAC Services Dexter Jackson HVAC Maintenance Lolly's learning Childcare Estefania Aguayo Business Office and growing Administration Administration center Lunceford Tax CPA Firm Rebecca Peralez Accounting Accountant Holdings(DBA Jackson Hewitt Tax Service) Made In CC Retail-Printing Karina Benitez Business Sales and Order Creations Administration Creation *** Highlighted Businesses and Student-Interns are pending through the hire process*** Included in June-August numbers. Mi Mundo Childcare Cassandra Ortiz Early Childhood Teacher Development N Zone Sports Youth Sports Esteban Kinesiology Coach/Mentor Gonzalez Oceana Luxe Medical Spa Marilyn Jones Nursing Medical Med Spa Aesthetician Palacios & CPA Firm Elizabeth L Accounting Office Palacios Gomez Administration Palacios & CPA Firm Yaneli Diaz Accounting Accountant Palacios CPA Phoenix Rising Reality Rebecca Peralez Accounting Accountant Apartments DBA Ray of Sunshine Hair Salon Mariah Cantu Cosmetology Hair Apprentice Salon South Texas Retina Luis Deleon Nursing Front Retina Consultants Administration Consultants SSCI Payroll CPA Firm Bianca Aguilar Accounting Accountant Services Texas Realty Reality Firm Alma Martinez Accounting Accountant Exchange Texas Tech Audio Technology Jorge Jared Informational Tech Visuals Services Medina Torres Technology(IT) Representative Thomas Exxon Automobile Kristen Holland Disel Applied Mechanic Mobile shop/gas station Technology Tranbarger CPA Firm Erica Valdez Business Office Company& LLC Administration Administration Tranbarger CPA Firm Ariel Perez Business Office Company& LLC Administration Administration AMENDMENT TO THE AGREEMENT BETWEEN CORPUS CHRISTI B CORPORATION AND DEL MAR COLLEGE DISTRICT FOR INTERN PROGRAM TO SUPPORT SMALL BUSINESSES The CORPUS CHRISTI B CORPORATION, hereinafter referred to as the Corporation and DEL MAR COLLEGE DISTRICT hereinafter referred to as Del Mar, do hereby make and enter into this amendment (the "Amendment") which, together with the Agreement for the Intern Program, which was approved by the Board of Directors of the Corporation (the "Agreement") and all other duly executed amendments, constitutes the entire agreement between the Corporation and Del Mar. I. Subsection (a) of Section 3, Grant, is hereby amended to add $15,000.00 to the maximum grant amount by deleting the subsection in its entirety and replacing it as follows: a. The Corporation will grant Del Mar an additional incentive of $15,000.00 for a total amount not to exceed of $130,000.00, which must be used to fund up to $7.25 per hour the salary for the interns during the Spring Semester of 2024, Summer Session in 2024, and the Fall Semester 2024. The Corporation and the Del Mar agree to and shall abide by all terms and conditions of the original Agreement and any amendments to that Agreement, to the extent they are not in conflict with the terms of this Amendment. APPROVED AS TO LEGAL FORM: Leah Olivarri Date President Corpus Christi B Corporation Jacqueline S. Bazan Assistant City Attorney Lys- I 7, (�Ocg y Lenora Keas Date Executive Vice-President and Chief Operating Officer Del Mar College District SC �o o� � AGENDA MEMORANDUM NeggPqftAY E Public Hearing and First Reading for the City Council Meeting of August 13, 2024 is 52 Second Reading for the City Council Meeting of August 20, 2024 DATE: July 15, 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 3909 Laguna Shores Drive CAPTION: Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, and consents to staff recommendation.) Planning Commission and Staff recommend approval. SUMMARY: To bring the property into conformity as a recreational vehicle park use with the additional use of boat storage. BACKGROUND AND FINDINGS: The subject property is a nonconforming recreational vehicle park use. The property owner expressed the desire to come into conformity via rezoning but also requested additional uses including boat storage a recreational vehicle park use, not permitted in the requested "CR-1" Resort Commercial District. Given the subject property's location within the Accidental Potential Zone II (APZ-II), the applicant reached out to the Community Planning Liaison Office from Naval Air Station Corpus Christi (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure the protection of the NASCC mission and prevent further encroachment into the APZ-II. To the north, properties are zoned "CG-2" and vacant. To the south, properties are zoned "RS-4.5" and "CR-1", and include water, vacant, and low-density residential uses. To the east is the Laguna Madre and to the west are properties zoned "RS-TF" and "CN-1" and include medium-density residential uses, as well as, vacant properties. The"CR-1" District allows commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The "CR-1" District does not permit recreational vehicle park use. The proposed rezoning is consistent with many broader elements and goals of Plan CC and consistent with the Future Land Use Map designation of commercial. Public Input Process Number of Notices Mailed: 25 notices were mailed within the 200-foot notification area and 3 outside the notification area. As of June 27, 2024: In Favor In Opposition 1 inside notification area 3 inside notification area 0 outside notification area 0 outside notification area A total of 2.91% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: The Planning Commission and staff recommend approval of the "CR-1/SP" Resort Commercial District with a Special Permit and the following conditions: 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-II) in the Air Installation Compatibility Use Zone (AICUZ) of the MCAOD. 4. Lighting- Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Vote Results For: 7 Against: 0 Absent: 1 Abstained: 1 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Zoning Case No. ZN8186, Toreros Investment VI, LLC. (District 4): Ordinance rezoning a property at or near 3909 Laguna Shores Drive from the "RS-4.5" Single- Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District to the "CR-1" Resort Commercial District with a Special Permit; providing for a penalty not to exceed $2,000 and publication. (Applicant originally requested a zoning change to the "CR-1" Resort Commercial District, consents to staff recommendation.) Planning Commission and Staff recommend approval. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the Zoning Map of the City of Corpus Christi, Texas; 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, THAT: SECTION 1. The Unified Development Code ("UDC') and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property identified as Lot 10, Block 8, Tyler Subdivision, as shown in Exhibit A, from: the "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG- 2" General Commercial District to the "CR-1/SP" Resort Commercial District with a Special Permit. The subject property is located at or near 3909 Laguna Shores Drive. Exhibit A, a map, is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan (Exhibit B). 3. Military Compatibility Area Overlay District(MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-2) in the Air Installation Compatibility Use Zone (AICUZ) of the Military Compatibility Area Overlay District (MCAOD). 4. Lighting: Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 4 Exhibit A FRS-6 �RMH R o u N CN- 1 RS-6 CG-2 i o� ti �wC") RS- TF ��o SUBJECT Jz� PROPERT4Y RS-6 CIR, RS-4. 5 .ate RS-6 •S-4 5 SUBJECT ROPERTYsWITH ZONING Subject Property A-1 Apa—,Hauu Duct -1 LwnnedlrMusWlD.— A-1A Apavtmen,H—Di— 12 Light IMusmal D— *2 ApnM1mem House Dls 0 Heavy Indusrtvl D— An ^ '1' •a AB Pm/es—1 0l Di-me P11D Planned—Development AT Aya—Tounst Dlsu 1 R-lA One Famiy U,lllW D—M E-1 Nerghbmhpod 8—.,s Distr Y R-M One Family Dr 11,l D D— B-1A Neg bo hppd Baynes,D.— R-1G One Family Dwell Frp D-0 8-2 eayh ,Business PstrMl R-2 Mukipw Pweling uessntt 1 L Gamer Is,nne B--.D,—. RA die Family deeli.rg n— \ 8-J Business D— RE Reslde W Esu,e Dish,- TsU,.5CT B Busroess D.— R-TE Dw ,,D.— PROPER7y Bb PI'undn Busivreis amtt Sp ipL Permd B-0 Pmnary evsnr-ss-0 0-1 T-,A navel Trailer Part dservs ED eppuschnsts8eachf—qpD- T.:a Manures—H -P.tDI.— City of Fsri.HERE ' F-R Fain,R—D— r-c Ma.�oda�,rea wane sr,hams©r, Co IIputi LOCATION MAP HC HrSbrkalLwGnal Lane.Man D-1 C11,iSLi PreservalMn Page 3 of 4 Exhibit B CM <s oW - ? <�e= =a a - � Wt W 8= a W He = Ns - W �S =O Ln mW r Z z '® -J W < a _58, 6✓�m W Z x W s< LLJ _ ¢ gags i_z— IN � a < � a \ o m Tow z 30aiJ ' eels L -- — —— — — — — — — — — — —— — — — — Page 4 of 4 ZONING REPORT Case # ZN8186 Applicant & Subject Property District: 4 Owner: Toreros Group Applicant: Toreros Investment VI LLC Address: 3909 Laguna Shores Drive, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and abutting the Laguna Madre to the east. Legal Description: Lot 10, Block 8, Tyler Subdivision Acreage of Subject Property: 8.15 acres Pre-Submission Meeting: March 30, 2023 Zoning Request From: "RS-4.5" Single-Family 4.5 District, "CR-1" Resort Commercial District, and "CG-2" General Commercial District. To: "CR-1" Resort Commercial District with a Special Permit Purpose of Request: To bring the property into conformity as a recreational vehicle park with the additional use of boat storage. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use "RS-4.5" Single-Family 4.5 Water Water Site "CR-1" Resort Commercial Vacant Low-Density Residential "CG-2" General Commercial Commercial Commercial North "CG-2" General Commercial Vacant Commercial "RS-4.5" Single-Family 4.5 Water Water South Vacant Low and Medium-Density "CR-1" Resort Commercial Low-Density Residential Residential East Water (Laguna Madre) "RS-TF" Two-Family Vacant West "CN-1" Neighborhood Medium-Density Low, Medium, and High- Commercial Residential Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 67 Page 169. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is within the Accident Potential Zone II (APZ-II) (Attachment B). Code Violations: None Transportation and Circulation Designation Section Proposed Section Existing Laguna Shores "P1" Parkway 2 Lanes, 2 Lanes, Road Collector 80 feet ROW 65 feet ROW (Scenic Corridor) 40 feet paved 35 feet paved Transit: The Corpus Christi RTA provides service to the subject property via Route 4 Flour Bluff with a stop at Laguna Shores @ Yorktown Boulevard. Bicycle Mobility Plan: The subject property is adjacent to a proposed One-Way Cycle Track starting at the corner of Laguna Shores Road and Yorktown Boulevard, and along Yorktown to Cimarron Boulevard. Utilities Gas: 2" WS line exists along Laguna Shores Road. Stormwater: Minor roadside ditch along Laguna Shores Road. Wastewater: 10" CIPP line along Laguna Shores Road. Water: 8" PVC along Laguna Shores Road. Corpus Christi Comprehensive Plan (Plan CC) Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. ADP (Area Development Plan): According to Plan CC the subject property is located within the Flour Bluff Area Development Plan (Adopted on June 22, 2021). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 25 within a 200-foot notification area 3 outside 200-foot notification area In Opposition 3 inside the notification area 4 outside the notification area 2.91% in opposition within the 200-foot notification area (3 individual property owners) In Favor 1 inside the notification area (2.91%) Public Hearing Schedule Planning Commission Hearing Date: May 15, 2024 — Tabled, June 12, 2024 — Tabled, June 26, 2024. City Council 1st Reading/Public Hearing Date: June 25, 2024 City Council 2►,d Reading Date: August 13, 2024 Background: The subject property is a nonconforming recreational vehicle park use. The property owner expressed the desire to come into conformity via rezoning but also requested additional uses including boat storage a recreational vehicle park use, not permitted in the requested "CR-1" Resort Commercial District. Given the subject property's location within the Accidental Potential Zone II (APZ-II), the applicant reached out to the Community Planning Liaison Office from Naval Air Station Corpus Christi (NASCC). The rezoning request has been discussed with NASCC and reviewed by the Technical Review Committee to ensure the protection of the NASCC mission and prevent further encroachment into the APZ-II. To the north, properties are zoned "CG-2" and vacant. To the south, properties are zoned "RS- 4.5" and "CR-1", and include water, vacant, and low-density residential uses. To the east is the Laguna Madre and to the west are properties zoned "RS-TF" and "CN-1" and include medium- density residential uses, as well as, vacant properties. The "CR-1" District allows commercial parking, indoor and outdoor recreation, office uses, overnight accommodations, restaurants, retail sales, auto rental, water-oriented uses, multifamily dwellings, community service uses, educational facilities, government facilities, medical facilities, and places of worship. The "CR-1" District does not permit recreational vehicle park use. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with the following Elements, Goals, and Strategies for Decision Makers: • Natural Systems, Parks & Recreation: Natural Systems, Parks & Recreation focuses on the protection and enhancement of natural areas and parks with goals to enhance water quality, preserve natural areas, maintain green corridors, improve green infrastructure, and expand public access to diverse, high-quality recreation opportunities. o Goal: Important natural areas are preserved and protected as usable habitat networks with ecological integrity ■ Strategy: Support ecotourism as a way to encourage and fund the preservation of the natural environment and wildlife habitat. • Economic Development o Goal: The tourist and convention industry has become an important part of the local economy, and the City has encouraged the development of this industry by protecting natural amenities and by promoting, where appropriate, man-made developments that will attract and serve the tourist/ conventioneer. ■ Strategies: Support the marketing of the tourist business through the continued implementation of strategic planning for promoting natural and man-made amenities to potential and existing tourists. • Future Land Use, Zoning, and Urban Design o Encourage orderly growth of new residential, commercial, and industrial areas. o Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. Flour Bluff Area Development Plan (ADP) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the ADP and FLUM designation of use commercial. According to the ADP, there are two factors to consider when designating land use, how land is currently being used and potentially could be used in the future. The UDC categorizes a recreational vehicle park as overnight accommodation in the commercial use category and FLUM designation for the subject property is commercial. However, Recreational Vehicle Parks are only permitted in the "RV" Recreational Park District. The use is consistent with the following from the ADP: • Support expanded and additional recreation vehicle areas to serve tourists. • Rezoning of the proposed commercial and/or multi-family land use near TX-358 (South Padre Island Drive) and adjacent to the Laguna Madre for recreational vehicle usage should be encouraged. • Zoning this area for recreation vehicles (RV) would take advantage of the natural resources of the Laguna Madre, excellent access to SPID, and would meet community objectives to minimize the potential for property losses in flood-prone areas. UDC § 6.5 Military Compatibility Area Overlay Districts (MCAOD) The areas in the MCAOD are designated as departure and approach paths and are exposed to measurable risk of aircraft accidents and the influence of increased noise. • Therefore, limiting the density of development and intensity of uses in such areas is necessary. • The subject property is located within the Accident Potential-II Zone (APZ-II). The APZ- II is within the Safety Subzone of the MCAOD and consists of an area that has a measurable potential for aircraft accidents relative to Accidental Potential Zone-1 or the clear zone. • Using the Standard Land Use Coding Manual, U.S. Department of Transportation, overnight accommodations can best be categorized as 15 Transient Lodgings. Transient lodging is not permitted in the APZ-II. UDC Table 6.5.3 Land Use Compatibility in Military Compatibility Area Overlay District Land Use and Density SLUCM Land Land Use Clear Zone APZ-I APZ-II Maximum Use Name NO. Name Density 15 Transient N N N Lodgings Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with many broader elements and goals of Plan CC and the FLUM's designation of commercial use. • While the site complies with the Unified Development Code's development standards with an available 3.78 acres of land out of 7.74 acres, more than half of the subject property lies within the APZ-II; reducing the density capability of the site. Within the APZ- II, recreational vehicle parks are categorized as transient uses and are prohibited in the APZ-II. • In determining an appropriate recommendation to allow the expansion of the existing recreational vehicle park, staff weighed the proposed re-development which is a 40-stall re-development to include amenities, support spaces, and an additional principal self- service boat storage use against the following: o Appropriateness of the request in proximity to Waldron Naval Outlying Landing Field (NOLF) o The associated APZ-II in the northeastern portion of the site and possible future enlargement of the AICUZ's current footprint o The vision that has been formulated for Flour Bluff o The compatibility of the proposed use with the surrounding properties and the zoning pattern along the Laguna Madre. • The "CR-1" provides for a variety of tourist and water-oriented commercial activities, retail commercial, and indoor or outdoor amusement uses, that reflect the character of a resort area with emphasis on establishing scenic and/or pedestrian corridors, walking and bike paths, amenities, and public open spaces. • The "CR-1" does not permit recreational vehicle use. • The "CR-1" is a recurring zoning district along the Laguna Madre, with most originating from the 1983 area-wide Flour Bluff rezoning, resulting from the 1977 AICUZ studies for NAS-CC, Cabaniss NOLF, and Waldron NOLF. • While the "RV" District is also fitting along the Laguna Madre, staff considered future revisions of the AICUZ footprint, and scale of the regulation (whole site versus individual stall) and observed that a commercial district would be more appropriate. • The site is appropriate, and the use is compatible with the surrounding properties. The subject parcel abuts the Laguna Madre, a Flour Bluff ADP-designated eco-tourism and water-based recreation destination. The Laguna Madre is where recreational vehicle developments are also being encouraged, and proposed mobility infrastructure has been planned to connect similar destinations. • To the north of the property, an existing non-conforming RV park development and Laguna Shores Road provide a physical buffer to the residential uses to the west. • Where immediately adjacent to residential use, staff considered that the park has been in existence for the past 20 years. • Transient lodging is not permitted in the APZ-II. • As with any zoning case, applicants are encouraged to engage with staff early in the rezoning process. After the Technical Review Committee review and discussion with the NASCC about the rezoning request and site plan, the applicant revised the site plan with no recreational vehicle pad sites in the APZ-II (See Attachment A— Site Plan). Planning Commission and Staff Recommendation (May 26, 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. The Planning Commission and staff recommend approval of the "CR-1/SP" Resort Commercial District with a Special Permit and the following conditions. 1. Uses: The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: a. Recreational Vehicle Park (UDC §6.1 Recreational Vehicle Park District) i. No more than 41 RV pad sites may be placed on the property 2. Master Site Plan: The owners shall develop the property in accordance with the attached Site Plan. 3. Military Compatibility Area Overlay District (MCAOD): a. None of the Recreational Vehicle pad sites may be located in the Accident Potential Zone 2 (APZ-2) in the Air Installation Compatibility Use Zone (AICUZ) of the MCAOD. 4. Lighting: Lighting must be compliant with the MCAOD overlay. 5. Time Limit: Per the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted. This Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachment(s): (A) Site Plan (2nd Revision: May 21, 2024) (B) Existing Zoning and Notice Area Map (C) Correspondence: Community Planning Liaison Officer, NASCC (Updated: June 18, 2024) (D) AICUZ Map (E) Notice in Opposition (A) Site Plan Wd Revision as of 5/21/24 - ----------------I- I II , AICOZ BOUNDARY APZ-2 i I II k II � � 1 LAGUNA SHORES RD z oa a,m O NOTES:1. LAYOUT INCLUDES 40 TOTAL RV SPACES. SCHEMATIC SITE LAYOUT 2. THIS PROPOSED PROJECT IS A RE-DEVELOPMENT OF AN EXISTING RV PARK. FOR 3. THIS SITE IS SCHEMATIC.PRECISE LOCATION OF LAGUNA SHORES RV PARK RV SPACES,BOAT PARKING,OFFICE,AND ANY SITE AMENITIES SHALL BE DETERMINED DURING 7.6 ACRES TOTAL AREA THE DEVELOPMENT PHASE.IT IS THE INTENT OF THIS PLAN TO ILLUSTRATE GENERAL YQ R K ENGINEERING LOCATION OF PROPOSED RV SPACES. C CIVIL • PLANNING • CONSULTING 361-245-9100 I YOR%£NGCOM TEXAS ENGINEERING FIRH F-72063 PRUJECT NO.1D23-22-DI iD M23 BY YORK ENGINEERING.WL (B) Existing Zoning and Notice Area Map - 6 '-�,RMH �R 0 V 11 16 /f 15 14 CN- 13 S- 6 z C p 12 3 17 4 4 Gam $I16t1�fC�T sF J=Q PFtOPERfiTY 6 -67 22 $ 25 23 41 2€l 1 2 19 21 1r8 10 R 4. 5 9 RS- 6 V CASE. ZN8?8 6 tea, A wL Zoning and notice Area 5 RM-1 Multifamily 1 IL Llghl lnduslrlal .tr RN-2 Muldtamgy 2 IH Heavy lnduslrlal RM-3 Multifamily 3 PUO Plannad Unit Oev.Overlay ON Prolesaional Offl. RS-10 SinginFamiy 10 RN-AT Multifamily AT RSA Single-family 5 CN-t Neighborhood Commercial RS-45 SinglsFamlly 4.5 CN-2 Neighborhood Commercial RS-TF Two-Famlly CR-1 Resort CamrnDmlal RS-15 Single-family 15 CR-2 Resort Commercial RE Reside nbal Eslate CG-1 Gerreral Cammo-rdal RB-TH Townhouse CG-2 General Gommerdal Sp Speclal Permit CI Intensive Commercal RV Recreational Yoh kle Park CBO Downtown Commercial RMH Manafaclured Home CR-3 Resort Commercial -- FR Farm Rural H HistnrlcOverlay SUBJECT BP a-1i.ssPark PROPERTY sutyad Pmperey era MM 200'b ff 0 irr Faanr 4 oamer tw,200,kb don 0— C�itV f1[ tsii,HER-_ aria.doww,d plabor xmeaa�,ea+ Curpl.Iti CATION' -MAF3. �l1 lti[1 (C) Correspondance: Community Planning Liaison Officer, NASCC From: PaLi�,Beni®mrn L ffir]CN L94 NAVF C SE]A€fC ftlS�4] To: And-ewbrus [be�a l cc; wr,xtl r74,2:;nro ael-lt„e�EJ--Id ra_w.*,k MrJ',Nd Mlle subjr of REr Zoning Cem 2hMig 4 T&Te m 1nYni F!r ti kw Park at 38M Lnyme 9mre,&x1evard OULE: Tmndn,3u a 18,202A 8:A3:-q1 AM Attar meffm rugg-aC l.ar g rs r�,,.7+w.l urlrre.0% .4TT WOl.w... AMCCCO21tir [ [NVARNP G: External a-mail.Avoid clicking on lies or attachments_We will Yf VER ask for a password,useraame,payment or to take action from an email. 'When in doubt_please forw.and to SecurityAlert@cctexas.com. ]] Audrew. Received! I cor«viith no RV pads in the APZ and the removal of the four in the attachment. Also,I Crave a meeting today at 3:00 to discuss this property uiththe investor and builder. Ben From:Andrew Dimas[DevSvcs]<andrewd2@cctexas_com> Sent:TuesdaV,.une 18,2024 8:39 AM To.Po aw.3er amin L�Ben)CIV USN NAVFAC SEJAX FL(USA} cenyam in..pclak.civ us.navy.mil> Ca Michae Dice{michaeld3@cctexas.rorn>;Bria Whitmire<hriaw@cctex.as_corn>;Elena 3Lente I <:ElenaB@crGexasecom>;5aradja Registre<SaradjaR@cctexas_com>;Michael Miller ,:-ril er@tealcan.rom> Subject, [h,-;r-DoD Source] Re:Zoning Case ZN8186 Torreros Inve!;tments RV Park at 3809 Laguna `mores Boulevard Good Morning Sir, Just following up that you received the atta ch ment and confirming the hlavyistatf reconimendadon of no RV pad sites in the APZ- If I may be of further assistance. please let me know. Thanks, Andrew K. Dimas, Planning Manager Development Services Department(DSD) 2406 Leopard Street, Corpus Christi,TX 784D8 Main Line: (361)826-3240 (D) AICUZ Map y© J ROPE TY � SCE f CASE. ZN8186 � wn �3i N W r AICUZ 5 0 APZ-1 0 APZ-2 CZ �_. S UBJECT PROPERTY Cityof Corus Esri,HERE LOCATION MAP Christi ' (E) Returned Notices PUBLIC HEARING NOTICE CITY PLANNING COMMISSION REZONING CA No. ZN81W Toreros Investments VI LLC has petitioned the City of Gdrpus Christi to consider a change of zoning from the CG-2" General Commercial District and "CR-1" Resort Commercial District to the"CR-1" Resort Commercial District and not resulting in a change to the Future Land Use Map. Note: A portion of the subject property is within the Accident Potential Zone-2.The property to be rezoned is described as: A property located at or near 3909 Laguna Shores Road and described as Lot 10, Block 8, Tyler Subdivision, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and adjacent to the Laguna Madre to the east. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 15, 2024, during one of the Planning f Commission's regular meetings, which begins at 5:30 p.m. at City Hall, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special p Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting,who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingl6s es limitado, habrA un interprete en la junta pars ayudarle. Para rn6s informacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: in accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person,by telephone call or by letter. 7 Tex.Admin.Code§211.006(d),Carpus Christi Unihed Dev. Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoninaCcr7.cctexas.com. Property Owner(s)Name: C�rr trcL 7syfs -�s y Address: d�� G ]ylOr � .�or Y,S � �t � Phone No: 3(,r-q(,3 ( ) IN FAVOR �G70 ( APPOSITION / A�K 1 500le-Aik%q sint �` a�4t1N oil }SEASONZ14/01 L� �j 1 N�dr���%a/�, LG/�?kri le /J 1 �ttls Na¢ice? [�lha da m t h-�ms --a bq Id, Signature S5 5 like- ,/ ,5 well loc,)er +Ku'd &+ oalties Planner Assign Fle aBuen Ilo (3(" e Gti✓ Email: EIenaB(@rctexas.co Phone-361-826-3598 INFOR Case No:ZN818 Prope7 PUBLIC HEARING NOTICE CITY PLANNING COMMISSION REZONING CASE No. ZN8186 Toreros Investments Vl LLC has petitioned the City of Corpus Christi to consider a change of zoning from the CG-2"General Commercial District and "CR-1" Resort Commercial District to the"CR-1" Resort Commercial District and not resulting in a Chan a to the Future Land Use MaL Note: A portion of the subject property is within the Accident Potential Zone-2. The property to be rezoned is described as: A property located at or near 3909 Laguna Shores Road and described as Lot 10, Block 8, Tyler Subdivision, located along the east side of Laguna Shores Road, south of Yorktown Boulevard, and adjacent to the Laguna Madre to the east. Please see the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 15, 2024, during one of the Planning Commission's regular meetings, which begins at 5:30 P.m. at City Nail, in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarie. Para mas informaci6n, favor de llamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant conceming an application or appeal, either at home or office,or in person, by telephone call or by letter. 7 Tex.Admin. Code§211-006(d), Corpus Christi Unified Dev. Code§3.3.4 To be on the record, this form must be filled out, signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning Cd)cctexas.com. Property Owner(s)Name: !Lu t Y\ 1K 1 i` \�� Address:_ V� 1 �•1 M � ��_ l� ^� 1 Phone NG:_ ( ) IN FAVOR (V1`OPPOSITION REASON: C- nature Planner Assigned.Elena Jiuenteilo Email:ElenaB Dcctexag.Com Phone:361-826-3598 INFOR Case Nc.ZN8186 Property owner lD: 18 PUBLIC FILARING NOTICE CITY PLANNING C:C7".1 ION REZt]NINC,CASE No EN8186 To�rrroe rn"strmots Yl LLC has t7lt wr.--j tre 0tY of Co+Pus has A ch tram Vie GCr-Y GarM[ 4 !DistHc #n�'CR-t'Resort tv+i ir!r r_ .a [1 pe r W Et C� ! ! 1 i re U ousLii _#choroa 2 the Future UDUA� UZ 140% A P 011111 tiLCt^:'•C+''! '�.'k"J"n H'±heT!ehe a�rr_� r`iI!-''�lFr.] ZrK�- Thrh prop-otty ti'3'l]C r4zu-r1�IS deser.PAt)S1'A 7 A plop-M poca!ad a1 ar naar 3909 Laglur*Shade Road arse! dose ribad as Lot 10 Mock 8, Tyler 5UWjvi1,Igai,1"4ted along the vast.aide of Laguna Shores ROMd, south of Yofktnwn lluk.Iavard.and adjacent to the Lap una Madro tO the aas r Please lkot the mapF on the te'f@fie side. 7hc Piannic.; Cornmasion trill cor&ct a 1p,&4 "avn 10 dist uSs Hnd .5�` �� for`,JI3te a '@GCt"e"*rvalto"I yo the C+t1r EC�ounpl.The p&;t 8h(v will be L.:7 r Yf •[9 - 7f :«net Gha+rWer-. 17-1 Le .1.3rc3:'at(ett.YSru er[s rr..r&A o anent r ^�ea'wv:O express Ywc rv€or)k*d this ret4;—Min l roCNov, :- ai The P..annim;Cornrrnaion fnuy recomfnernd to the City Coundl,&"(DVar►1 or Oontal. or awov*of an ntermediale zoning dasa)Scat°rs n ardtof S;A 6al ���•'}+�, Permit AprfCival 0? a CNrge of Zoning, if incon3intent wM!r tf'r0 C;.y's lJi �"�r-eta COMPeehenvie Flan, will also, have t1w ellect of am*ftng the Cornplvhensivr Par to fef1w the aprroverd zoning. For rnor**#Wfaa!,on' please cal(364)826-3240_ Pe sans Witt+dim. britses planning to r'er4 this r`fr`ctnq.who f-ay fequire 4 l saryr_es'sro regUeslM to owdact the City St?Cr, ry's Office 31 least 46 boons rn advaiw e.36J.826-3240, Si us?ed desea ding:^se 3l Conselo de Alwe y su ing*s i s limilado, haW un interpfete en Ia junta Para ayudarle Para mars intormacion, favor de llwna:a'De-partarmento dG ServiCaos die Desarrcallo (361) 026- 3246. fh }F15' 1m 40WOBNOt GGfriIMr4 a r t:-# f<1 SSz143a0n 3'a"ti1 he hd9 by A afFi'R1Gef r,r ftWljbOM of lb S at.M1"or ci&A,orb pence.by takes 7n+o Ca5'xb,� Jr Taaa61 To tit+on the reed,vft brm rrlust he 1tltiM C efrSrely via mait r,Q 1hv re�,af�l addren on th,.no'.4ce or via entail to zcafr ft Cdl s t.+arn, .,,:F�.-•�,+�u+raer;sj ttarrmc � "r�*I.11'�. �!�1 - - %F;. DR IN laAFa��iT.w —y5� •u., r�: — - -ter, A rasAI t'r'�:lrs1 irapQ¢t teas RG:Llr! Zoning Case ZN8186 The Toreros Group JW District 4 Rezoning for a property at or near z - 3909 Laguna Shores From the RS-4.5, CR-1 and CG-2 Districts(APZ- '� 'f To the CR-1 District with a Special Permit r .S SUBJECT PROPERTY A coy of CogxL Il.00ATION MAP ChrIA City Council August 13, 2024 Zoning and Land Use s Proposed Use: �RMM To bring the property into conformity as an RV Park °wa RV Ord 017506 use with the additional use of boat storage 1983 ADP (Area Development Plan): `N-' cc-z Flour Bluff, Adopted on June 22, 2021 Ord 017506 1983 �o FLUM (Future Land Use Map): s-r SUBJECT Commercial PROO PEUM s Existing Zoning District: Rs-s RS-4.5, CR-1, CG-2 (APZ-II) Ord 017506 Adjacent Land Uses: 1983 North: Vacant; Zoned: CG-2 R -4.5 South: Water, Vacant, LDR; Zoned: RS-4.5, CR-1 Ord 017506 Rs-s N East: Water 1983 t West: Vacant, MDR; Zoned: RF-TF, CN-1 P NOLF Waldron MCAOD Overlay Zones AICUZ YORkr Air Installation Compatible Use Zone 0 "�euo CZ Clear Zone APZ-1 Accident Potential Zone I APZ-11 syeJE, Accident Potential Zone 11 ��' PROPERTY s N �Q, t NOLF Naval Outlying Landing Field; MCAOD Military Compatibility Area Overlay District Public Notification S_s 25 Notices mailed inside the 200' buffer MH 3 Notices mailed outside the 200' buffer y°R ° V 16 15 14 CN- 13 Notification Area RS-s 2 Y 12 3 O ^ 17 Opposed: 3 (2.91%) 4 s�� SUBJEC T Separate Opposed Owners: (3) 5F �� PROPERTY 6 s -67 zz In Favor: 1 (2.92%) �3 25 20 1 19 zl 10 R -4.5 9 RS-6 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 CR-1 provides for a variety of tourist and water-oriented commercial activities, retail commercial, and indoor or outdoor amusement uses, that reflect the character of a resort area with emphasis on establishing scenic and/or pedestrian corridors, walking and bike paths, amenities, and public open spaces. • The RV use is fitting along the Laguna Madre. • Staff considered future revisions of the AICUZ footprint. • The site is appropriate, and the use is compatible surrounding properties. • Subject property abuts the Laguna Madre which is a Flour Bluff ADP designated eco-tourism and water-based recreation destination • However, in concurrence with NASCC, staff cannot support encroachment into the APZ-II — Protection of the military mission is an imperative. STAFF RECOMMENDATION: APPROVAL of the "CRA" District with a Special Permit. Site Plan with SP Conditions 1. Uses:The only uses authorized by this Special Permit other than those permitted in the base zoning district are as follows: so a. Recreational Vehicle Park(UDC§6.1 Recreational Vehicle w � CRAPHIC SCAL iiiii� Park District) i / i. No more than 41 RV pad sites may be placed on the / property. 2. Master Site Plan:The owners shall develop the property by the attached Site Plan,Exhibit B. �} ! 3. Military Compatibility Area Overlay District(MCAOD): a. None of the Recreational Vehicle pad sites may be located in / the Accident Potential Zone 2(APZ-2)in the Air Installation Compatibility Use Zone(AICUZ)of the MCAOD. 4. Lighting: Lighting must be compliant with the MCAOD overlay. I - / 5. Time Limit: Per the UDC,this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted.This Special Permit APZ-II shall expire if the allowed use is discontinued for more than six consecutive months. g d �� �� `J�� PI•?OPERTY` f •''fie f � CASE: ZN8186 N WE Aerial View S Subject 12 Property SUBJECT 6 PROPERTY Cityof Esri, HERE Corpus LOCATION MAP Christi so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for Starlight Estates Unit 8 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: MPM Development, LP is developing 16.54 acres of single-family residential homes with approximately 50 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $393,888.30. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 16.54 acres subdivision named Starlight Estates Unit 8, located south of Yorktown Boulevard and west of Krypton Drive. The final plat was approved by the Planning Commission on February 22, 2023. The water improvements consist of 1 ,862 linear feet of 12" PVC pipe. The allowable reimbursement amount is $393,888.30. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Starlight Estates Unit 8 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $393,888.30. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on February 22, 2023, to develop a tract of land, to wit: approximately 16.54 acres known as Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement shall only be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with MPM Development, LP ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Starlight Estates Unit 8, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $393,888.30 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $393,888.30 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on February 22, 2023 to develop a tract of land, to wit: approximately 16.54 acres known as Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $120.00 $223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $1,250.00 $2,500.00 3 12" TEE 6 EA $1,850.00 $11 ,100.00 4 12" GATE VALVE W/BOX 6 EA $6,600.00 $39,600.00 5 12" EL, ANY ANGLE 4 EA $1,500.00 $6,000.00 6 6" PVC PIPE 39 LF $80.00 $3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $9,200.00 $27,600.00 8 6" GATE VALVE W/ BOX 3 EA $2,000.00 $6,000.00 9 DOUBLE OR SINGLE 21 EA $800.00 $16,800.00 WATER SERVICE 10 6" DIA X 30" PVC PIPE 9 EA $775.00 $6,975.00 NIPPLE TOTAL $ 343,135.00 7% CONTINGENCIES $ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $37,744.85 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 LESS WATER ACREAGE FEE $ 11 ,011 .00 TOTAL AMOUNT REIMBURSABLE $ 393,888.30 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements less $11,011.00 lot/acreage fee credit is $393,888.30. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $393,888.30 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: PMP Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 13 must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 13 contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citV- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 Remainder of page intentionally left blank, signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 PLAT OF STATE OF TEXAS $ STARLIGHT ESTATES UNIT 8 FINAL PLAT OF A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF FLOUR BWFF COUNTY OF NUmES $ AND ENCINAL FARM AND GARDEN TRACTS,SECTION 24,LOTS 6 MRU 11.A MAP OF WHICH IS RECORDED IN 1LUME'A',PAGES 41-43,MAP RECORDS,NIECES CO.,TX WE,MPM DEVEAPM LP,HEREBY CERTIFY THAT PRE THE OWNERS OF THE LAND CORPUS CHRISTI, NUECES COUNTY, TEXAS EMBRACED WITHIN TIREE BOUNDARIES OF THE FOREGOININ G PLAT,SUBJECT i0 A LIEN IN FAVOR OF THAT WE HAVE HAD SAID HAW BEEN HERETOFORE AND pgiE PLOTTEp:OI/10/23 SUBDMDED AS SHOWN.THAT STREETS AND EASEMENTS HEREBY SHOWN HAVE BEEN PUBLIC BASS & WELSH ENGINEERING COMP.NO.:PLgi-SH2 MR ER 0,OR IF NOT PREVIOUSLY DEDICATED,M PRE HEREBY ES OF D➢i0 THE PUBLIC USE JOB NO:22004 FOREVER AND iNAi iN15 PLAT WAS MADE FOR THE PURPOSES OF DESCRIPTION AND TX SURbEY REG.NO 100027-00,TX ENGINEERING �+ SCALE!I'=50' Dmlcgnorv. REG.N0.F-52,3054 S.PIAMEDA STREET, PLOT SCALE:SANE �2, gff Qq,pT CORPDS CHRISTI,TEXAS 78404 SHEET t OF 3 LY THIS ME_DAY OF 20- �4�001 CJ,,ff���vy O� 0 750' 1500' 3000' MOSSA MOSTACHASI,GENERAL PARTNER OZ f(Q N�f OF y b. T SCALE: 1'= 1500' STATE OF TEXAS COUNTY OF NUECES R65 INS T RUMENT WAS ACKNOWLEDGED BEFORE ME BY M0554 MOSTPGHASI,GENERAL PPRTNEFR ? OF MPM DEVELOPMENT,LP. 4 y THIS THE DAY OF 20 STARLIGHT ESTATES R N O UNIT 6(NOT YET DEVELOPED) STARLIGHT ESTATES NOTARY PUBLIC. [N AND FOR THE T 7(NOT u STATE OF TEXAS "SITE YET DEVELOPED) (UNIT 8) OSO CREp LOCATION MAP 1=1soa STATE OF TEXAS $ COUNTY OF NIECES $ STATE OF TEXAS $ WE, (NAME),HEREBY CERTIFY THAT WE PRE ME HOLDERS OF COUNTY OF NUECES $ A uEry ON THE LAND EMBRACED WITHIN THE BOUNDARIES OF ME FOREGOING MAP AND MAT THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERLY WAS APPROVED BY THE WE REPROVE THE SUBDMSION AND DEOIGTIDN FOR ME PURPOSES AND CONSIDERATIONS DEPARTMENT OF DEVELOPMENT SERWCES OF THE CITY OF CORPUS CHRISTI.TEXAS THEREIN EXPRESSED. LEGEND: BY: EPA A.WHITMIRE,P.E.,CM,CPM OE DRAINAGE EASEMENT TIRE: DEVELOPMENT SERVICES ENGINEER D.R. DEED RECORDS,NUECES CO.,TX DATE M.R. MAP RECORDS,NUECES CO..TX STATE OF TEXAS $ O.R. OFFICIAL RECORDS,NUECES CO.,TX STATE OF TEXAS $ COUNTY OF NUECES $ UE UTIUTY EASEMENT COUNTY OF NUECES $ THE FINAL PLAT OF THE HEREIN DESCRIBED PROPERTY WAS APPROVED ON THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME BY (NAME), BEHALF OF ME CITY OF CORPUS CHRISTI,TEXAS BY ME PLANNING COMMISSION. BOLES (TIRE),OF THIS ME DAY OF 20— 1. ENE RECEIVING WATER FOR ME STORM WATER RUNOFF FROM THIS PROPERTY IS ME OSO CREIX.ME TCEO HAS NOT CLASSIFIED THE AOUATIC UM USE FOR ME OSO CREIX,BUT THIS ME DAY OF 20� IT IS RECOGNIZED AS AN ENVIRD-04TALLY SENSITIVE AREA.THE OSO CREEk FLOWS HPMRAN ZARGHOUNI AL RAYMOND,III,NA DIRECTLY INTO ME OSO BAY.ME TCEO HAS CLASSIFIED THE AAUATIC DFE USE FOR ME CHAIRMAN SECRETARY OSO BAY AS'EXCEPTIONAL'AND'OYSTER WATERS"AND CATEGORIZED THE RECEIVING WATER AS"CONTACT RECREATION"USE. NOTARY PUBLIC, IN AND FOR Plat approved.2/22/23 2. TIE BASIS OF BEARINGS IS THE STATE OF TEXAS LAMBERT GRID,SOUTH ZONE,HAD 1983. THE STATE TE OF TE RNS STATE OF TEXAS $ 3. FEMA INFORMATION AS SHOWN OR NOTED HEREON IS FROM FEAR MAP,COMMUNITY PANEL 48355C0540G,REVISED PREUMINARY MAY 30,2018.ALL OF ME SUBJECT SITE IS IN FEMA COUNTY OF NUECES $ ZONE X OTHER FLOOD AREAS AND FEW ZONE X OTHER AREAS EXCEPT A PORTION OF ME SITE IS IN FELLA ZONE AE(EL II)AS INDICATED. I,KARA SANDS,CLERK OF THE COUNTY COURT IN AND FOR SAID COUNTY, 4. STATE OF TEXAS $ ♦. LAICAL IN A 16.777 ACRE TRACT OF LAND,MORE OR LESS,A PORTION OF TH DO HEREBY CERTIFY AT ME FOREGOING INSTRUMENT GATED MEFLOUR BLUFF AND ENCINAL FARM AND CAREEN TRACTS,SECTION 24,LOTS 6 THRU 11,A COUNTY OF NUECES DAY OF 20_WITH ITS CERTIFICATE OF $ MAP OF WHICH IS RECORDED IN V."A,P.41 -43,MAP RECORDS,NUECES CO..TX. I,NIXON M.WELSH,REGISTERED PROFESSIONAL LAND SURVEYOR OF BASS h WELSH 5. THE TOTAL PUTTED AREA CONTAINS 16.777 ACRES OF LAND INCLUDING STREET ENGINEERING,HEREBY CERTIFY THAT TIRE FOREGOING PLAT WAS PREPARED FROM A SURVEY AUTHENTICATION,WAS FILED FOR RECORD IN NY OFFICE THE DAY DEDICATIONS. MADE ON THE GROUND UNDER MY DIRECTION,IS TRUE AND CORRECT AND THAT WE HAVE OF 20_AT O'CLOCK�M., 6. THE YARD REQUIREMENT.AS DEPICTED,IS A REOUIREMENT OF THE UNIFIED DEVELOPMENT BEEN ENGAGED TO SET ALL LOT CORNERS UPON COMPLETION OF SUBDIVISION CODE AND IS SUBJECT i0 CHANCE AS THE ZONING MAY CHANCE. CONSTRUCTION IMPROVEMENTS WITHOUT DELAY. AND DULY RECORDED ME DAY OF 20_AT 7. ALL DRIVEWAYS SHALL CONFORM TO ACCESS MANAGEMENT STANDARDS OUTLINED IN ARTICLE THIS THE DAY OF 20 O'CWCK-M.IN THE MAP RECORDS OF SAID COUNTY IN 7 OF THE UDC. VOLUME_PAGE�NSTRUMENT NUMBER 8. SET 5/8-IRON RODS AT ALL LOT CORNERS WHEREVER POSSIBLE OTHERWISE SET CHISEL WITNESS MY HAND AND SEAL OF THE COUNTY COURT IN AND FOR SAID MARKS IN CONCRETE OR NALS AT LOT CORNERS.ALL IRON RODS SET CONTAN CAPS NIXON N. MELSH, R.P.L.S. COUNTY AT OFFICE IN CORPUS CHRISTI,NUECES COUNTY,TEXAS,THE DAY LABELED BASS AND WELSH ENGINEERING. AND YEAR LAST WRITTEN. BY: DEPUTY KMiA SANDS.CLERK COUNTY COURT NUECES COUNTY,TEXAS STARLIGHT ESTATES UNIT J, V.%X,P.%X,M.R. a3- 561°17'42"E 1499.14' sruV GHT ESTATES UNIT 7aq , !T1 10 V.%%,P.%%,M.R. 561.27'02"E I,a y GO 170.00' OG tt �z 1 z N Z 1 2 5 4 5 6 I 2 8 9 10 � I _J L -- -- =2, ----- --- ---------- --- --- --- ------- - ---- ---- ---------- ---- ---- ---- Z + 120.00' S'UE 30 30. J9.98' S'UE J5.00' J5.00' 80.00' 5'UE 80.00' J5.00' J5.00' J5.00' S'UE 80.01' 20 20 m mI OI O 9157 IF a 21 19 18 17 i6 15 4 11518 IF 'a m ]B00 IF 999fi IF 9312 IF 101}J IF 10]49 IF 989a SF 10080 SF 10285 SF m = m m� m -- -2J'02"E ',Wn jlm m p N 24 IN 14407 IF n 23 Ei S I 6120.02'S r m N m 25� Y m 25'R O __m 44.29' m�6 f if 10222 5� acc�n 82.99 -- 30.74' 80.05' 25'y= O p tlpm Vln ©�--O - - - 80.05-- w z J5.05_5'EE ]J.OJ' ]B.OJ' ]].88' D.c4 n?� I J N59'24't t'W 45].OB �J.00' ]5'YR w :o E Y a S RS O'�Ygd O S30'30'28" 16.41'80.22' V1 t�.15L__�--__ ___ OSO PARKWAY- _ _ ' E F ro q C' ---5 EE .65 Z 559'24't t'E 453,08' ---- 990'R °ry'^� O ayy' / N5T55.1I-W JOq.85 3 �lS 41�'� 25R o .JS�- 16'R 19 O ��W bb Oi 9j� _ - .JJ s --------- a 49 _ -- w 85 J2.]g' n� 0 o S50'S0'28 %.r m J 56.60' 2].46' J5.00' S'EE 15 S59'24'11•E 45].OB' 118. ER O ntl� t� c 5b �7fi.00' J5.00' --j5.00�-- - - © FEN0pD.AREAS-S8'f1E J52.98' Z ����pp00 _ J5.00' 5'EE 54.60' 25.42' S30'30'28 -FEMq ZONE AE(EL 11) O y Sb"-bp=4g``pi _1 25'YR ]9.]5'41.]i 118.49' b n n �T9 I NE%O1HER r HO e 9„usi w b Eb OAREAS_. _ _.-._ _._._._. 25'rZR NE xn 7�� JJ.lB'� N e S8b0 3 FAQ F9MA ZONE AE(EL 11) �. 6 _ FEN FL00D A �E� 1) L -5.16' 5T55'11 59 .65.00' -- ssis•----- z N1 ,bg3 3 4 3 12137 IF ; 144J IF ' n 10884 IF 8 9 3 FE� PI 1955 Z EO 12J90 IF N 1]116 SF a 5 22 10125 IF a 10177 IF 'm 11592 IF m 1 mI 25'YR O Z 25 11904 IF _ m 9i II}810 SF r eI Ib,nl 12054 IF 1J 14 f m I 22 N 11257 IF s g n 12636 IF _ ---- 37.25 J24 aB.eB'26.81' m I ---- -- - 75.se' 00'24 1 1 123.68 so.9a - _ 72'00'03"W ---' - -i5.29' J4.55'' §'a� '50.28ks.es J _ 2.13'10'UEJ5.z9 3'50°W 41351' 8.96' N50 5 259.60' J64 - 1O UE M9ae s J O v.1x,v 1' 2 36 fRNNnOEA OF 121 igEe.-1`. Nay 08 ma.s, N57'55'11"W 941.13' §§ mEIR LE1RR wt1R11li IF I ii7iii OSO CREEK tHBR 1Erm1 DATED 1P/7/i1 LEGEND: CURVE DATA DE DRAINAGE EASEMENT D.R. DEED RECORDS,NUECES CO.,T% Do-565.0' n=16520' ©0-270.00 n=0]'S00 n=26'44'2fi" T=3B.200 R=585.00 R-17.2S R=120.00' R-485.00' M.R. BIPP RECORDS,NUECES CO.,TX T=30.26' T=53.80' T-I J.23' i=9.22' T=115.28' L-]8.40' L=10].28' =]4.42' =-1' -22fi.35' O.R. OFFICIAL RECORDS,NUECES CO.,T% p 25' Sp' In,CB=14-16'12'. C-14-S0'34*W CB-S32'21'26'W CB=N54'00'06'1Y CB=S72'46'24"E CH-76.34' CH=107.12' CH=34.40' C11=16.40' CH-224.30' UE UPIJTY EASEMENT OA-73'03'16' �E G=0E33'4]• HO p=08'OJ'30• �K d-O]'04'44" N�A=9]'22'S9" SCALE!1•=50' R=15.00' R=480.00 R=}]0.00' R=200.00 R-15.00' T=11.11' r=35.93' T-23.44' T-12.37' T=15.91' L=19.11' L=JI.J3' L=48.80' =24.J1' L-24.45' CB=S65'04'36'W CB=rv55'OJ't9•W CB-N32'4fi'03•E CB-S54'' '50"E CB=S]5'2}'20'W CH=1].Bfi' CH=JI.88' CH=48.J8' CH=2a.69' CH-21.83' R--SI 5.0054 OF R 95'08�58• 0 R--8150050• ©4=08'3}'43" R=85.00.0}• T-R51' T=15.85 T=14.21' R=400.00 i=14.14' P LAT O F =25.87' -24.39' L=22.J5' T=29.94' =22.fi8' =59 5' STARLIGHT ESTATES UNIT 8 CB-N20'S1'59'W CB=IS 735'Ol'W CB=NOB']J'36'w CB=S55'0]'19'E CB=NI V36'W)N CH=22.J8' CH-ZI.J9' CH=20.63' CH=59.J2' CH=20 19' CORPUS CHRISTI, NUECES COUNTY, TEXAS BASS & WELSH ENGINEERING - T TX SURY REG.NO 100027-00'TX ENGINEERING - REG.NO.F-52,3054 S.ALPAIEDA STREET, CORPUS CHRISTI,TEXAS 78404 v 0 0 N STARUGHT ESTATES UNIT 7, S61°17'42"E 1499.14' 3 V.XX,P.XX,M.R. p N S61'18'10"E I 2 } 4 s 8 J O B 9 10 II 12 N 185.00' 21 5'UE 5_UE ---- -MEW- ---- ---- ------- 85.00' ]8.00' S'uE 78.00' J8.00' JO' g 5'UE 1 2.00'--$ 8 m 6250 SF ,mn o ry o o 24 ry^ 23 m 22 N81'IB'tOV! e w S61-18.10"E --'aryTQ+-- 135a8 SF d 13907 SF m m 14288 SF m R0 m 19 m 109.33' n 125.00' N n� r na �m 14624 SF fP 14983 SF m„ 18 `"� n n n�$ u§ -�-- N n ry m it 15342 SF tJ �m J228 SF o f f $ Y 8250 SF �o l n�' 16489 SF \\III O m ry m Iry S61'18'10'E �N ut f -r W 3'63'18'10'E n N m Q 25.00' II d 25'YR FEW ZONE% tOB.30' m z N 29 8250 SF w m _ 5'EE 78.ta OTH AREAS N N fi J981 SF\ m ry S81't6'10'E K ------ -J8.14' _ 78.14' 25'YR c n Iz n 125.00' _78_14' -I 2y e NST55'111Y J8.14'// _ 82.07' S'EEJ L-10VE ¢¢``" 30 30. Try 5692 SF = p 93.55�Y -I O - 5'EE f z Z Fpp�ZON�E X _ _ _ W H 9THER FLOOD _ _ _ R�m NO -- - SST55'I I'E J52.98' !'PP N5T55'11 111.08' f� FEMA ZONE - _ _�_DSO PARKWAY Q � 1 - - SST55'11'E 15 V v __FE_NA ZONE%OTHER FL000_ PAS_RE _ - - 55.48' -)5.00 S'EE - - FENA ZONE PE(EL I I) J _5�Z- )5.00 - _�-- _ _ 85T55'11 9'1= 10.81' ^ VI 5.00' 25'YR 85.00'------ 5'EE - - _ ` z 85.00' 75.0a'- ]5.00 - ]5'YR 75.00'- --75.Op• 1J a$ 14 ig 15 ag 18 m• 17 ]5'YR- J ,� 11250 SF ut 11250 SF P N 11250 SF r a II250 SF e$ 12711 SF 'a 19 O1 a 20 125' nN 12750 SF $g 11250 SF <6' 21 ?$ 22 11250 SF H13435 ISO m 11250 23 24 SF H,� 11250 SF ` I JaJS SF J5.00' 2� J5.40' 1_LE-- - - m J5.00' 75.00' -- J5.00' 10'uE - N57°55 1 1"W 941.13' 10'u� � "" J5.00' 10 E 94.00'- 59 I JI 5 CURVE DATA 0 A=93'22,59" R-1s.00 T=15.91' PORTION LOTS 9,10&11.SECT 24, UMIT OF WETIANDS ALONG NE L-14.45' LEGEND. FB&EF&Gi,V.'A',P.41-a}, BANK OF OSO CREEK PLOTTED CB=575'2l'20'W M.R.,MPM DEVELOPMENT.LP., FRO N C OF E COORDINATES yU CH-21.83' DE DRAINAGE EASEMENT REMNNDER OF 126.079 ACRE TRACT THEIR LETTER DATED II/17/21 OO 4=8637'03" DOC.NO.2017045883.O.R., R-15.00' D.R. DEED RECORDS,NUECES CO.,TX APPROXINENTLY 19 ACRES T=14.1V =22.BB' M.R. MPP RECORDS,NUECES CO.,TX CB=N14'36'41'W Cn=20.58' O.R. OMCIA-RECORDS,NUECES CO.,TX UE UTILITY EASEMENT OSO CREEK PLAT OF STARLIGHT ESTATES UNIT 8 25�' CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE!I-50' DATE PLOTTED:0-11/23 BASS & WELSH ENGINEERING PLAT-SH3 AS PLAT JOB MG:22004 VEY TX SUR REG.NO 100027-00,TX ENGINEERING SCALE t'=50' REG.NO.F-52.W54 S.ALAMEOA STREET, PLOT SCALES SAME CORPUS CHRISTI,TEX 78404 SHEET 3 OF 3 EXHIBIT 2 t QQC Agreement A11312lication Date of Application: 1-16-24 Type of Agreement Requested: Deferment [ ] Reimbursement [A Participation [ ] Approved Plat Name: Starlight Estates Unit 8 Public Improvement Type: Water Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $390,509.67 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [4 Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applica ignature & Title Submit Application Electronically to: contra ctsandaareements(a)cctexas com Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 N ^ o 0 z w -c a r z m =z k2 Q is Ind Ind u O � s.. 4 S b L/V yyf tt � G � i 'i w Ind � � � - at d E E ? fi5 tl €J G u h a � ❑❑ G o 296 P 4- a x 5 Ow- 4 % Go L 3 U N P—TN s ,a how w G � 3 � 5 k GSA 9 " Arc .$ z " g - oo a ':v coc000a000 a o.o rvarvaoaoaoa aa000 a0000 z o Narv.urvairvrva8a «N .�., 0 -5, -4 LiqW-13 I 2�4 _33H5CNIM-,_IOA NH aArN_Nr)O Gq+L,'IS 0 9NJMCJJ, Nil 03f1NLINC,', vl- 7-1 1 HL W 4 11H II 7 1 II ti 'TII 21 III SI II z 77' --- --- ----- 3,,tZ,ll.PZN Z6 0- 11 ` yeeaay. s _ ^k yv�3 3 a Fi3 — I (a3NN_L�)£MDa ob]a AadYLS J� _ � — r _ +n; �f La3s ♦c vx ins az 173� a� —_ _ _ _ _ _ _ _ xcd 3nervrcaa�i..3a�M,kzi l 3 �+ N z i o ca I I w r 5 } z 1 1 v _ 1 ^�lo71, — 1G II + � x _ of I I �A I ti` 1 ' - - - 1 I �I _ I !� I : c I �I r JJ l� I Ord �six r II 1 Lo a ,a _ r I 1 1 9+L. 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Box 6397 1/15/20241 Corpus Christi, TX 78466-6397 STARLIGHT ESTATES UNIT 8 GRID MAIN WATER REIMBURSEMENT ESTIMATE WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $ 120.00 $ 223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $ 1,250.00 $ 2,500.00 3 12"TEE 6 EA $ 1,850.00 $ 11,100.00 4 12" GATE VALVE W/BOX 6 EA $ 6,600.00 $ 39,600.00 5 12" EL, ANY ANGLE 4 EA $ 1,500.00 $ 6,000.00 6 6" PVC PIPE 39 LF $ 80.00 $ 3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $ 9,200.00 $ 27,600.00 8 6"GATE VALVE W/ BOX 3 EA $ 2,000.00 $ 6,000.00 9 DOUBLE OR SINGLE WATER SERVICE 21 EA $ 800.00 $ 16,800.00 10 6" DIA X 30" PVC PIPE NIPPLE 9 EA $ 775.00 $ 6,975.00 TOTAL $ 343,135.00 7% CONTINGENCIES $ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $ 37,744.85 LESS WATER ACREAGE FEE $ 11,011.00 TOTAL AMOUNT REIMBURSABLE $ 393,888.30 EXHIBIT 5 I Exhibit 5 Pixy ofCorp.4s Cbristi,m TexaK } D-pw cnt or Devwlopmenl Services City of P.O.Box 9277 C'nrpns Christi,Texas 73469.9277 Corpus at: 2 06 Le 40 _ •7 Located at:2�tOG Leopard Street R'Now ='C h ri st1 `Conrer of].caparti St,and l ax Ave.) «� '1 DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA"_ NAME: MPM DEVELOPMENT, LP STREET; P.O. BOX 331308 CITY- CORPUS CHRISTI ,p: 78463 FIRM is: ®Corporation A Partnership ❑Sole Owner ❑Association A 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 N/A 2. State the names of each "official" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named"firm", Name Title N/A N/A 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board,Commission,or Committee Mossa Mostaghasi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest"constituting 3% or more of the ownership in the above named"firm". Name Consultant NIA N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement,that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi,Texas/ads changes occur. � Certifying Person: MOSSA MOSTAGHASI Title: GENERAL PARNTER (Print) Signature of Certifying Person: T f Date: 8-18-23 IG'`97F;VELOPl1EA'i"SVCS1SN.gR{'.f)'+I-4:dD DEVLLOPMENT,ORDINANCL AWNUNIST AI-10N:APPI.ICA710T FORM&PORNIS AS PER LEGAL,2011131SCLOSURE OF INN EKESTS 3TATE1,1ENTi.27.)2.1JOC Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $393,888.30 with MPM Development, LP to construct a water arterial transmission grid main related to Starlight Estates Unit 8 located south of Yorktown Boulevard and west of Krypton Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $393,888.30 to reimburse the developer in accordance with the agreement. (District 5). City Council August 13, 2024 Location Map ti. 0 s00 bOKwi Location Map Starlight Estates Unit 08 ft*o,ea a-wmer Imp--ni hft suuaure _ i sugraewea.ry �C.10NnU!a'U�vda4r�tl Sep ' � w 2 Total Reimbursement Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12" PVC PIPE 1862 LF $120.00 $223,440.00 2 12" CAP TAPPED FOR 2" 2 EA $1,250.00 $2,500.00 3 12" TEE 6 EA $1,850.00 $11,100.00 4 12" GATE VALVE W/BOX 6 EA $6,600.00 $39,600.00 5 12" EL, ANY ANGLE 4 EA $1,500.00 $6,000.00 6 6" PVC PIPE 39 LF $80.00 $3,120.00 7 FIRE HYDRANT ASSEMBLY 3 EA $9,200.00 $27,600.00 8 6" GATE VALVE W/ BOX 3 EA $2,000.00 $6,000.00 9 DOUBLE OR SINGLE WATER SERVICE 21 EA $800.00 $16,800.00 10 6" DIA X 30" PVC PIPE NIPPLE 9 EA $775.00 $6,975.00 TOTAL$ 343,135.00 7%CONTINGENCIES$ 24,019.45 11% ENGINEERING, SURVEYING, TESTING $37,744.85 LESS WATER ACREAGE FEE $ 11,011.00 TOTAL AMOUNT REIMBURSABLE$ 393,888.30 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. r a Approximate Limits of ,J Starlight Estates Unit 08 0 200 400 Feet I i I I I Location Map Starlight Estates Unit 08 i F IA 43 LL Proposed 12" Water Improvement Infrastructure LIMITS Subject Property -he City of Corpus Christi makes no warranty.express or implied,including warranties of merchantability and Project Number: 15487 --itness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user. The material comes from a variety of sources.We do not control or guarantee the accuracy,relevance, Date: 2f8I2Q24 timeliness or completeness of any information. While we endeavor to provide timely and accurate information, we make no guarantees. Department of Development Services By use of this data user understands and agrees to information above. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for Royal Oak South CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141 ,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). SUMMARY: MPM Development is developing 20.261 acres of single-family residential homes with approximately 115 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $141,108.94. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 20.261 acres subdivision named Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection. The plat was approved by the Planning Commission on November 1, 2023. The water improvements consist of 365 linear feet of 16" PVC pipe. The allowable reimbursement amount is $141,108.94. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Royal Oak South subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $141 ,108.94. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $141 ,108.94 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141,108.94 to reimburse the developer in accordance with the agreement. (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on October 19, 2022, to develop a tract of land, approximately 20.26 acres known as Royal Oak South Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 16-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $141,108.94 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $141 ,108.94 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023 to develop a tract of land, to wit: approximately 20.26 acres known as Royal Oak South Subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $220.00 $80,300.00 2 16" CAPPED TEE FOR 2" 1 EA $500.00 $500.00 3 16" EL,ANY ANGLE 4 EA $3,500.00 $14,000.00 4 16" x 8"TEE 1 EA $3,500.00 $3,500.00 $98,300.00 11% ENGINEERING, SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2% BOND $4,962.14 TOTAL REIMBURSEMENT 1 $141,108.94 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 12 d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements is $141,108.94. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $141,108.94 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 12 that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 12 b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at 1ttp://www.cctexas.com/government/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 PLAT OF III Tq INIJ F TEINS STATE GMIXEO wNUEC THE IDD 2.PAIE ROYAL OAKDLESSOUTH F Al e COUNTY OF NGECE2 AITIGJI I G11HE 11FE 1NAAD A°MA11 FLw...P. o..RFDLoNNDL, �I2R DR AT ME' N—El IIINT Do E. OF THAT ADTNOHATT w2 AI I T PPG sO IEnI IO NDDEDI�,TION.A,SHOWN HAVE BEEN ZIE'12VIPICBER, CORPUS CHRISTI, NUECES COUNTY, TEXAS N THIS THE DAY OF ,2G . LEA TRAIL MHANA GS GH sI.PRESIDENTo SATE IF TE,s DOINTY OF NIEIEN D SITE" I'A INSTRUMENT WAR AM GI PROPERTIES Ye RNOwLEIceD eEFOIE ME ev Massa MOSacunsl.PRESIDENT aF 0 250' 500, 1000, THIS,F. PAY CD scaLE.r=soo LDCATION MAP AND FIR THE 1"=50ol SITE OF TEIAS § COUNTY OF NUECES § THIS THE DAY OF .20 SATE of TExas N DN„ AELSH, RPLs. CIINTIOFNUECEF Q BASS & WELSH ENGINEERING HT PE THE FNALFLATIF THE IT AIN BE..RED PONPEITY WAS TX SURVEY REG. NO 100027-00.TX ENGINEERING DEPARTMENT IF DEVFLa.ME NT sE RVICEA OF THE CITY IF c.RPus APPOAPED,11 THE TE REG. NO. F-52, 3054 S. ALAMEDA STREET, E CORPUS CHRISTI, TEXAS 78404 NIIET T IF L 1-1 IF TE AS DATE LEGEND YNINTY IF NIED11 s (NAME).HF DE DRANACE EASEMENT YF APPROVE THE—DIVISION AND DEDIceTION EON THE PuRPosES AND CONSDERATIDNs TFAH STATE IF TExas § D.R. DEED RECORDS, NUECES Co..TX THEREIN EIPRESSED. MINTY IF NIEOEC sf br. BEHALF M.R. MAP RECORDS, NUECES CO.,TX OF THE cItt of co RPus cHRISTL TEAS BY THE PLANNI NO CDMMI"NN. D.R. OFFICIAL RECORDS,NUECES CO..TX TILE. THIS TIE Dav of zI CE UTILITY EASEMENT STATE OF TExgS 4 ER III,AIM COUNTY OF NIECES 4 cuaRMAN s[cRETARY No Es THIS INSTRUMENT WAS ACUNOWLEDGED BEFORE ME B (NAME), 1 IRON Raos HER POLIT CIRNE11.WHERE NIT T s/e'WIRONE RO (TITLE),of Ras'AND wFLSHIIBL ENO INEFRINc_ DDS SET CONTAIN PLASTIC CAPS INDEED THE STATE IFLATF TEzns BND FIR STATE OF TEIAS § GTECD RIZED THE RECEMNc RECREAT ER AS CONTA COUNTY OF NUECES § WATCT ION ISE. 1,EARN IANCI ILEMK IF TIE CIINTI CIIAT IN AND EPA ARE CIINTI, IONEARNAID"J'ARINNA IS THE STAFTE OF 1—LAMBERT GRID.SOUTH DO HEREBY CERTIFY THAT THE FOREGOING INSTRUMENT RATED THE I E Z ENT IF S11JECT ITE A IN TEMA ZONE x,ITHER AREAS,MAP NO. TI AND DI TY REIORUEO THE DAY OF AT Ap�rwed by ih Planning SURE ET DA LE EDIYanolRs. A cl NTarls zD.zeT ACRES IF vwD INcwomc o STOCK�M.IN THE MAP REcoaos of SaD courlTv m Co iulon on November 1, VOLUME FORE INATRUMENT NUMEEP WITNESS 2023 T CODE AND Is I—EAT TO C HAND E As THE zININA MAv S s CHRIST,NUECES CIUN ,TEA,;FTHE SAY AND YEAR 'HANCF. 8"J.R WISH LAKE LE➢ iHWeESP C n 68, 2 6 85 URBAN EN6]NEER]N6 V. 851 3,M.E8, IFELINE Fx 11C I*E 0 85 O9 34 AI o All 34 33 32. 3] 30 29 28 2F 26 2s 2a 23 22 21 20 -19 - IB s'uE _s____ __ N 89°7 2' 8"E ]7 40_ _SUE--um �L---- - - - - - --5'UE 50.00' 50 0 50.Oo So.00' 50.00' 50.00' 50.00' S0.00' S'UE 50.00' So.00' S0.UO' s' ss.oo so.oo' so.00 so.oo' so.a0' s0.oo `L Is 1E.101 No. N omooa29i. re. o �� I� IF o s 9 10 11 0 16 n Coda RISFI Z F133 SF- 6sOn SF� 6503 SF- 6503 SF-9 6503 SF 6503 SF- 502 SF-9 6503 S 6502 SF-9 15.S 6502 SF 6s02 S 6so2 SF a 650]a IF - 6501 SF u 6501 SF m W m 20- C 2 �L4s.00' S0.00 50.00'S FED on sa.oo' so.oo ao'__so_oo' o.oo' W so.oa's'EF so.oo so.oo' sa.oo so,oo' so_ao' 0 se9'11'33'W Bsz.Ie' W ti ECO Do, N YENNEFER DRIVE - - - - -� No.a R. m - - - - - 1-12'33 E 110.01 - - - o 15'IF LINE ti N. 12'33'E 890.00 IF 9R°PER.. � _ __ _ IILL O ca9s�aaEL a T as.o0 so.o0' so.00 s0.oo so.oa= sa.oo so-ao' sa.oo' so oa so.oo' so oo- sa.ao so.oo so.ao so.0o' rN84"� 2s 2 2o'vR o'vR _ uesAN EN6I NEERI Ne ' s' N so oo' fi N - o o 6s e -o o s 00' oR > J o a - 6 7R 5 9-ES LLSF S d - 3�28 SF 9 6500 SF 6500 SF 6500 SF 6500 SF� 6500 SF 500 SF 6s00 S 6500 SF o c 6500 S ,6500 SF 6500 S ,6500 SF o c 6506500 SF 6500 SF90 reow,� s'E 1lo ao' - -- - FI 12 - ---- -- -- --a n noc o.re. c No' 2z.s of LosueF _ u 2Lss oo_ so.oo' so s uF 0.oo' so.oo' o.oo' so. o so.oo' so.oo' so.oo' so.0a' so.oo' so.00's uE so.oo' so.oo s0.oo' so.oo_ ssoo 3 r - - --- -- - 55 UE- -- s, n�N Z 0 F o o 0 o I - O N89 E '12'33' o� o 550 SF N "' o -0 0 n% m '� 36 -0 35 3a 33 32 _0 31 30 29 18 _0 2F 26 0 000 23 22 2J a J N o ao IF A F128 IF u c 6500 IF '6500 IF 6500 SF '6500 IF c 6500 SF '6500 SF 6500 SF 6500 IF o c 1500 IF 6s00 IF 6500 IF 65 0 IF 9 6500 SF 6500 SF '6so0 SFo?i a n 0 5500 SF W 0 N89']2'00'E to o 1011 YR Z oN omo ^�O otic� -`"�m 0 �a i �m5 ip I10. zs zs Las.00 s0.08' s0_0__50.00_5'EE 50.U0' 50.00' _50.0a' s0.00' s8.00' S89'12'33'W 890.00'N -- o 55005 IF 60' ti 6ERAL1 DRIVE NB 9T]213" 960.0 20as 95 N89°12'333 E 390.00' Z A� o fo'°[ ° �0 - N - - LET 12'33'1 5C0.00 N89 12 33 E ' - 0 Io'°E N O N N89'12'33 E 500.00' 5 9Y82'3' 114a.9 '$ o 6 �0 au y0 NB ssoo SF u o so.00' so.00' s'EE so.00 So.00' so.00' so0-0p Io 0�L 45.oo so.oa' 12 a0'3 sa o0 0 0 o Ni°, . o've 0 2'89I133E o WIDSNVARIE ll0.oo' - a o o s 6 00 SF 000 SF 001 2 3 FNJ50 as6o6 sF ,',soon 3F soa0 sF _soon 3 ooa sF _so0o S 0sse1 sF - -- - --- swe sF^3'W 16 89so.oo' so.00' I o'uE s0.oo' sa.0' . ' . s. 071 ss.oo' so.00' I o'uF so.oo' s0.oo' sa.00' S89°]2'33°W 1730,29'� IURV UURVE DATA 2 a05, Al 56Z Ev 0 25 50 I00' ©1- On=90°00�10' L R=10.00' _ =10.00' SCALE.1'-so' L-15.71 = a E = s E. DE-N05"a]'1F'W roved the Plennln CH=20 72 CH=a2 04 GH=Ia 1a' av by e PLAT OF Commlsslon on November 1, O o=2a'3s's8" On 90*00 00' sosa ROYAL OAK SOUTH R=21 00' CORPUS CHRISTI, NUECES COUNTY, TEXAS =21.80' L=a2.9a' LB=N13'05'26'W = 2 E. B,4$S & I�IOLSH EN CiNE ERN G -8R2 LH=a2.61' CH=]a.]a SE _ E E NO 1-11 IIN 11 IF 1T of o 111T N➢RTNWE ST LRDSSIN6-T A > I V 60, P. B52 b 853,M.2. 4 ION,a/c wuk � N ]9 ]8 1 16IGl4 13 IFC N PIC NAIL Div(6oTu 4 vn11 It/c wuk N89-1 '48"EI." __ 110 E).1 INCII woks(TIP) a/c aEaoEa c ---- (eo*n smEs or sRaEG sn.oa'-so-aa- -T3➢. -sz.vz= ter. a'_=l 0 / EA AFlEESW BEH a a�/svTy11 eE 11 9 wc1 ae 7593 SF TIN I-IN111 eENIII 16 6so1 SF o 9 sash s 10 CIA_Ta e "NO caa 1944 SF s04 �� TYPICAL STREET SECTION av A50' POW eI a g ➢Nv CURVE DATA rn1 eo�R i- s e���,a 05 GF R D--9a-oo'00' re-a/.o0 1 0 so.0a's EE sa.oo' 11.1e_i �A> s O - 'IC o.oo' -s 1r-1s.00' T-10.00' 1=130.11' T=]s.01' S89°12'33'W a12.10' O 21 B640 SF J CC A'5-�11'33'E LD-N45844'12'W CD�N45,46'45'W OF YENNE FER➢R1 VE 1m - CH-14.14' CN-09.83' CH=21.22' N69-12'33"E 960 oo o sag°1r 33'w - DI D-9o°00'00'" eas 9aae^ N89.18'33'E ROD.0o' 1 R=1 o.ao' sa.oo' sa.oo's EE as.o��25 221 s.P6' =1 00 '=13,E3' 0/ - CB�N45 4T'27 W CDS19 50'21"W 20'Y6 6333SF 00 CH=]4.14' CH=24.82' 15' (ro q� O y i09'12'33"W O D-41°2s'11' O D=a9'Sa'31' FY 1a O 130.00' R=3 99' R=14.99' 16 11 6500 SF o a 1128 SF�N to - 23 --of -- L=2s.30' CN�2152] 5 W ABAN00NE0 ACCORDING i0 i%RR E _III 6500 SF CB�68'29'S4'W - ENTERPRISE PRDDUCTS PIPELINE APPROX _ --- - 20 CN=24.16' ON TH E m Sa9°12 33"W COUNCIL,OPP NO 01 aoc No. y w 0N50.0 50.00's'UE Ss.00'� �� 6500 SF -Coo o.a. LOT k b 6, NDR T AC oln o FD 5/B'I.R. N CCOS CHUR so o' Sa9 1z 33'w suc, S�o Sa9"12-33^w ��f N N89'12'33'E A 660.00' 4 N FD a/a'1.e. 0 _ �p N 130.000 00' -5�0- 50 00' S0,119'--5f1y00_ 50 QD' 50`0'--50 00_ 50.0 45�g0' 21 21 6soo SF o�1128 SF o 0 O� � o 630000 S of o 29 31 ..� 33 35 -� 0 31 493 0 0 'UP 99 1 � o u 0 28 0 0 32 34 0 50 950 SE 5500 SF >5500 SF a 5500 SF >55001 SEo p 5-S( 15.0 a ssoa SE s500 SEo ci4'3 SE a 49s0 SE 4 ➢o o cT v 1 N �594o S R2 � � oW o� m o 8 e251 sF D F �_ z0'vR z so.00 sa.ao's EE 4s.00'� es zs 10'vR/uE s0.oo' s EE sa oo' so.oa_ so. - so.00 sa oo_ so.00' so.oo's EE as.00' 10as.oo' as,00'o a9.sa _ 0 O 120.00' S9°J2'33'W 890.00 D E Sa9°12'33'W 154.96 8 _ _ _ _ _ _ _ _ _ Cl N 89°11'33'E 960.00 6ERALT DRIVE N09°1233E 81 a.95' OF -- - N89°12'33'E 1204.95 N - - 3 _ N09°12 33"E 1144.93 _ -- N O O Z Sa.00' S0.00'S'EE 50.00' S0.00' S5.00' S0.00 50.00' S0.0 50.00's'EE 50.00 0.00 s0.00' S0.00' s0.00 50.00'S'EE 50.00' S0.0 50.00' 40.93 ml 20 o O - YR 4 5400 SF_ 5000 SF 10 o 13 is 500105F o 00106 S 011 19 SF s00P SF 50 020 1 SF C J2 0 IF 0 SF 5000 SF p 5000 0 5000 A o~ rn O � �ssa_sFJ'➢ aa -0-0 5e-0a- s0.o0 0.oo so.oo so.oo so.oo- so.a0 so.oo so.oo'ia'a so oa so.ao ss.es sa.00 so 0o so.oa i o uE sa.00 oo' �s No. 189'12'33°W 1730,29' o.R. P1111IN Is W F SURVEY ENTERPRISE PIIDUC71 PIPELINE AD POW 405, - 567 r1PProve1 by the PI-Ing ROUTE AS TRACED tNOT SURVEYED IN THE C._m.lononNovember1, PLAT SE 61OUNDI FROM Tx RRC WEDEITE, 2023 ADANDONED ACCORDING TO TO DOE ROYAL OAK SOUTH CORPUS CHRISTI, NUECES COUNTY, TEXAS 0 25' 50' IDD' Lma BASS & WEEFSH ENV GIN EERING -"T3 SCALE 1'-50' gE - ET. - E EXHIBIT 2 UDC greement Am3 ication Date of Application: 7-9-24 Type of Agreement Requested: Deferment [ ] Reimbursement N Participation [ ] Approved Plat Name: Royal Oak South Public Improvement Type: Water and Sewer Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $506,137.87 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [X Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature&Title Submit Application Electronically to: contracts a nd ao teem ents()cctexa s.COm Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 [PM o UIC MPIROOMEMEHM "T'O mxxx q a LBI o� N 00AL OAK ZOO UVHl /� � C�OIRpMZ C�HIRMV09 HUEC E3 C�OUHTVV VEKAB �. w awti..n.re e� u�eo F- L OCATIONx MAP �x .� ,x 0 o.a«<o om.o�i....mw M.ow s xs<wwa SHEET 1 COVER SHEET AND MISCELPNEOUS INFORMATION �u�xt nw`mmwrrn m"` s m.rwe�ax.�urwury xoiuon arnxoi rtxe� SHEET 2 PAVING, GRA➢ING AN➢➢PA]NAGI PLAN b FEEL— SV➢MP PLAN AGO POOL]I SHE A NITAPI SEWER AND WEI PLAIN AND 11OPILE az�o - w,Pw .a Quux�uoa „000 .ia so xs+w wim.ms rir� ,s,; ,aoaronrw. SHEET 5 SANDAPI SEWER AND WATER PLAN PAID PROFILE u�9.o�.xo rwx�x� p x�xmxem rwnwioea�nexexe� ss n�µ`µoMeOV Y��' w �xWpPox SHEET 8 STREET,SIDEWALK AND DRAINAGE DETAILS SHEET 9 PCOP JOINTING PLAN oss.�o a.wF.o..,F.wax®.xo aHar SHEET 11 STORM WATER POLLUTION PREVENTION PION,SHEET 1 OF 3 ENT:ON PLAN EET'A OF'A CALL BEFORE YOU DIG! SHEET 14 TNXJDOT ANOSCITv SIGN PAID PAVEMENT MARKING REQUIREMENTS - mm SHEET 15 CIDTVDSTORM WATER STANDARD DETAILS SHEET I6 CIT,WASTE WATER STAN➢AR➢➢ETAILS H-o.wa�w�o.9xxa.xo 0 �..r..�o.��o:ar..�.a io�x•...mo ar�,..�w.pow.�o:aw<w. ..��w«.s w«a<<or.�o o«.o rwH�:w:�o�wa.x�.xutios ox wr �,.a:�wK�waw..�a��o�::u���.an.x�a�.:ax�aax x..rn�o w ax�oxx x:awax:. :.ax�o.x r�xw� �woar ruxs aau xu vuv�s.xo x osux i�xm s sr�nr�o. �^/ ��wear un.mw m,..:,ms,eo w�..r....r =o w wm ruexc wxxs coxnaun�ax�xm.. on nezuwrr:eo m�.e r�+eao�w aw„o a.M rc�:rnow..e w.e w nranrrKe a:�.e �� 0/ ..o.w:,.x,w a��.rwao w..r�w.�o w..�.��.�.raw or e�ownw ��,W✓N• Tow.nz..r-e. w or oeraorwern sm+az ox�wwe.e swa�z wun ee renronweo ix wn n wn.�.e runwses ��2p�2q wxw �o rmw:�o ss wx�:w�:.om aw��xwx,�.w ,ra.�w:ao�w a�e:rw�a sxrw»ar w«N�ow raV�x•�ow mom'mn BASS AND WELSH ENGINEERING 00 N S21k 55 55 50 50 ROE LE RUM g RgIL F iaPi °G 0 o �aa ro0 e. 0 00 15 65 60 c n x ff IG D nmvc Ewa c 55 55 once o„51 ENiIouCALCULATIONS o 10 0 0 l xs z�u s9 0a � I " + � � PROF LE EGGgI g nRI UE .as PBS 56' v S89'12'33'W "IN z9 —P 55 55 01 50 n .i. 50 0 PRBE E YEN PETER DR PF y ,� a n n co n ai. B t 65�rm 60 -- — -- — -- — -- _— — — TH e EawGE T'/zo/zd 55 B re os< a Ss o O vaoa a e P 55= eRrvsreuc�iOry ore aioowo vureaos<s. 17 7 Fill I'll IT, sra is BASS&WELSH ENGINEERING 0 0 y PROFILE—GERPL ➢RIVE P MP O RBYgL BAD SBUTN ✓— ..e sus I a I + r 0 v w� 2LOHU I N° 0 _��01 o 00 ��h— --- -- --- --� — I -- �noRoaNRRPEI, -4- y. s3'w 1 3O.z9 ¢\ S89'I 2 s.00 1o.oa NLp a. 11INNON�N O owP O,, �w 6O 6O �L,aN,ea3 s r os 55 £ 55 5O 50 PROFILE— ENNEFER➢RIVE PROFILE—JASK]ER DRIVE suLc i=so .o ]3s80 15s08 OR corvs111lN ry ore ei42 Aoly—es65 ,NG s� °°� . — 60 ROVEMENTC TO DO_PUBLIC 04 CORPUS CHRISTI,NUECEC CO.. TP i C 16 s°v is 50 POVI NGPLAN ANnOPROF]LE4 I NODE _ 65 1 5 Do zwo 3 00 awo swo Jill � o PoPaPI re N OF FEE, F vx - — ———— — ss IF � P §e 9— �owu 15 0 PROFILE _=L NFE A 'RHUMBA FAIL — — - - - - - - iPRNI V0-1� m� — —0 00 1 »x 10oP .« :,, P" ED` 11 o �P°oPaap P wo � w x�. LINE I �F eP ,=F �I — nF ESN1B, 1I S89' — 1 '11 ON z n 56 ]2 3 F3 -'vrc.¢.rz si.n exo Pws voa5 o00 V,Fo 7,00 B4OO 1,00 o .os ecoxu uav<re<L435 n.�l 12P — — ———— -iy PreoP s Pvc W Pv a.n ~° oz s s<s zc. 50 cPROFILE-SS LINE C IIENNEF ED DFIVE y YitA!rj4 ss�^I,`ry me as 650 65 {j WOW[I 60 °oav evfivc 061 1 -- DI 1 Pe L ---, 17 Drerv.F 4p\o ,�" N o L R P11, F 0 carvITNIIINN oa aiooiNI v11va111 P oP e Pvc w .oP ao as.rL so ss PreoP a'Pvc vvre v ov a vvc n� Fezro of eus uxo"ED OR rvc ll 1 PReP�NW. Sf.n is Nm*o BE VS[D FOR 55 — — -- -- — 55LUJ� 0 so PROFILE-SS L]NE E l6ERALT ORIVE) P 0 GOP AT OR,SOUTH CORPUS CHG N PROFILE 0 ao -- --.�-- -- IN A rere�.o.ago re,ITT -- — oP e Pw . eee�ere�reecc�rere�N�,e„ 0,� zrea 00 0 m p d dreOP� o 0 =re,re na,e�zre �I d �.0 a Ow -srr �,re,re� r d — =o= — �� w,o �» -- —_ -- — — _---- — — ORGAN a o_ ad N J730 29 «rrere.,.K.oGP es.00 i.o0 es ear oGm Q 6C-1 ree-rP cI'TC:L I0 �o rr m 50 so so s0 � Pane - rvo.F sco�F.�'so NE FER➢R]VE �JASK]ERS ORIVEE 0 1E`00 IU—Z T are O`NE10 IFII o—[s i 1-1 IEI zN¢10 Pao kc, _________________ _________________ ____"0—, e—nizn-rePeo.�'< ��'eviio.e'i i i e�. ____________ __________ __ Vzr nn is.ea vm ssxx 55 MR ROYPL OPK SOEFH so11 so saN„a Ere P�aN PROF F- NF F rrFa.o F DRIVE) 4 0 n v �L z. � v� v= �zz ze 26 N89?]z 8s�EP� zz z�ze z0 — E i Waif nnaav ol� a — o re�o re.re m� sres.z..a gyres.oe- Oa,�e �rere rere�� >res. 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PRE9[RVA*ioN of NA*uRPL 1E9ouRCEs o(i[IAPORPRiLv oR reens[o LEE'„ �� �x M 1priia�arvsaoc orv}5 NNX(usoDl\ STRUCTURAL PRUCTILYS SAC, A ry ISTDrern�v crv�)oc uE cPE-ETiorvs Es SPNnpRY W0.5IE. SEDIMENT`ASNS RA NI A El TOE—IN METu 2l II qAL`n„SV^R`T \y wnu REINEORCEMENL ` \ Y wood vc11 E• \.� En °N,=�a'R�°�SR°�Td l'LAN D"A P IND H� � � � � DR DIDDIND PDRPDTES E°D�NnDDR�DN ELEAATIGN PLACEMENT FOR BALED HAY \� FILTER DAMS eukElu ' wi%t`ta ", 0,gym) LOCATION MAPPOULTRY NEL�ING Tx reE RASS AND WELSH ENGINEERING ALVEDnrem s SECTION A—A NT SEDIMENT CONTROL FENCE Mn.cPoL RCHRIIUEECORPUS ST.NCS CO.TX TRIANGDEAR SlIPGASE INSTAEEATIGN GENERAE REWIR ENTs 91 T—`r Name �':s'D,9Y4e:'Db�6r.�D'I { I 1 'E¢SiF ^ems „.rwas,a°a'Nt°,�US �} ^. ...-«..-.e.,n......-«.•�n ®w max.,. IA.��E�'�. ww.a..-.... it .g CONCRETE ANCxGR m w°"ww«."n—X1waaxz- e':e °.n u`rvr m`.mS.e m,«q« RNDUI T'lP. S vSTEL I. Ret�"W"EE°•°•°� f°" -'ha.°r"`w�"n'^ E an, REWIREtENTS FOR RED DACNWIpFID REWIRDENTS F011 FNITE BAG.—D gEGLLATOgv SIGNS REGULATgW STOP — T" � ba® END END I °LP SPEED WRDNG JJ - .... D°Da-smeeT None slGN n ➢ a g� WAY DEnD EN ....°. �`""-`- --q— •«—�•«— D OR NO ONP-SIONAGE 9'D3 W/ REW IRENENis FOR EARNING SIGNS W gfIRE GH EENTS ftq SCxODL SINS r'! _ m 0 O 20 xo,x axxox,,.rvxax a—1 XISION TO_eD,E NSrali..noN ww,.°.o °:sM ..w x,w.,•xwi, xww.e .,° .....xi., TYRI CRL SIGN .xo uu uuu _ e REW IREEEXTS a wx°rt �r...m....w GIB ...._ nw cacox a w.mw..°e w n. niu. m,.w,re.c enexwxouxo .pwA. °m"`s "" ry ..NT. SRI 1 IS TYPICPL GROUND MWNIED SIGN PtACEMFNT EASS PND WELSH ENGINEERING UBDOLIC YALPTD OAK SOUTH mxsxu�iox ax aiooma auxaas6.x 7XaU&CITY SIGN PANEMEN7 P.g _ M a�mq � ..r� r eb wa=<'�•..l _� �� , rp__ "`.`L s. L e.a ....w .` 4 Y ®..C.J,. .......ram.. .......«-., .eC.» ULF C0 -=I A,! — -Az-, r m c RCRYOI pElAlt r 'nk P r RCI(YM CETN 4-n R 11 �` _�_ m" g Q CARPUS COYALSTOAK SEOCUETSH Co CITY STCFM —NDAPID DETAILS r. PLBLICSIMPROVEMENTS TOGA i..« •rrnmmn um Mm % o € 5 k € Q- 1 EASS PND WELSH ENGINEERING —gym ..a,...< ...av w.o-®m.wvrcwv-.�.. ..�-.,,.a .......> .... (wows ir- p9 ggg I—IIJ0.4Jl \ —••• la— .. H, F- BASS AN[WELS'ENGINEERING PUBLIC IMPROVEMENTS i0 r o ..m 5, - 4 � o v w IL AULT CTE 1 o�LZR��4 BASS ARE WELSH ENGINEERING EXHIBIT 4 BASS WELSH ENGINEERING NIXON M.WELSH, P.E., TX Registration No. F-52 Survey Registration No. 1 R.P.L.S. P.O. Box 6397 Email: NixMW@aol.com Corpus Christi, TX 78466-6397 Royal Oak South -Cost Estimate WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT 1 16" PVC PIPE 365 LF 2 16" CAPPED TEE FOR 2" 1 EA 3 16" EL, ANY ANGLE 4 EA 4 16" x 8" TEE 1 EA 11% ENGINEERING, T 3054 S. Alameda 100027-00 St. 4/3/2024 COST TOTAL $ 220.00 $80,300.00 $ 500.00 $500.00 $ 3,500.00 $14,000.00 $ 3,500.00 $3,500.00 $98,300.00 SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2% BOND $4,962.14 OTAL REIMBURSEMENT $141,108.94 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 4/3/2024 Royal Oak South - Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF 675.00 278,100.00 2 MANHOLE 1 EA 40,000.00 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF 10.00 4,120.00 SANITARY SEWER ITEMS $322,220.00 WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $ 220.00 $ 80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $ 500.00 $ 500.00 3 16"EL,ANY ANGLE 4 EA $ 3,500.00 $ 14,000.00 4 16"x 8"TEE 1 EA $ 3,500.00 $ 3,500.00 $ 98,300.00 11%ENGINEERING,SURVEYING,&TESTING 46,257.20 7%CONTINGENCY 29,436.40 SUB-TOTAL 496,213.60 2%BOND 9,924.27 TOTAL REIMBURSEMENT 506,137.87 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78463 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal 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) NIA NIA 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 NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER (Print) Signature of Certifying Person: date: 12-18-2023 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORMS1FORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "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. d. "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. e. '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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Water Arterial Transmission & Grid Main Line Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $141 ,108.94 with MPM Development, LP to construct a water arterial transmission grid main related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $141 ,108.94 to reimburse the developer in accordance with the agreement. (District 1 ). City Council August 13, 2024 Location Map 4m3HIG"_LCly 4 TRAIL z w„RIO�k Da, A f N � � p r � n WISOLM TRAIL a SEWLIA TRAIL 4 b -nWral "BAD SITE' 0 P50' 500' 1000' SCALES I'= 5C.' L❑CATI❑N MAP 1'�00' Total Reimbursement Estimate WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $220.00 $80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $500.00 $500.00 3 16"EL,ANY ANGLE 4 EA $3,500.00 $14,000.00 4 16"x 8"TEE 1 EA $3,500.00 $3,500.00 $98,300.00 11%ENGINEERING,SURVEYING,&TESTING $23,128.60 7%CONTINGENCY $14,718.20 SUB-TOTAL $136,146.80 2%BOND $4,962.14 TOTAL REIMBURSEMENT $141,108.94 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) SC G� 0 AGENDA MEMORANDUM �OgP00.P�'0 Public Hearing and First Reading Ordinance for the 08/13/24 � 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a-)cctexas.com (361) 826-3575 Wastewater Trunk Line Construction and Reimbursement Agreement with MPM Development for wastewater improvements for Royal Oak South Subdivision. CAPTION: Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). SUMMARY: MPM Development is developing 20.26 acres for various homes and is requesting funds to construct the wastewater trunk line improvements associated with the development. The estimated one-time cost of the improvements is $365,028.94. BACKGROUND AND FINDINGS: The Developer, MPM Development has requested reimbursement through a reimbursement agreement for the 20.26-acres subdivision named Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection Royal Oak South subdivision plat was approved by the Planning Commission on November 1, 2023. The development, located south of the Chisolm Trail and Rand Morgan Rd intersection, plans on 20.26 acres including street dedications. The wastewater trunk line improvements consist of 412 linear feet of 18" PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Trunk Line Construction Standards. The project is eligible for reimbursement from the Sanitary Sewer Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Oso Creek Corner Subdivision. An alternative to utilizing trust funds to construct the wastewater trunk line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Sanitary Sewer Trunk System improvements is $365,028.94. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 40300 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023, to develop a tract of land, approximately 20.26 acres known as Royal Oak South Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the 15-inch Wastewater Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. 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 Sanitary Sewer Trunk Line Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development ("Developer"), for the extension of a 18-inch wastewater line, including all related appurtenances, for the development of Royal Oak South Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Water Distribution Main Trust Fund, and Wastewater Collection Line Trust Fund to the No.4220-21800-777 Wastewater Trunk System Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $365,028.94 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate $365,028.94 from the No.4220-21800-777 Wastewater Trunk System Trust Fund as funds become available to reimburse the Developer for the wastewater trunk system construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WASTEWATER TRUNK LINE SYSTEM CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Wastewater Trunk Line Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on November 1, 2023 to develop a tract of land, to wit approximately 20.26 acres known as Royal Oak South Subdivision located south of the Chisolm Trail and Rand Morgan Rd Intersection as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 1 of 12 a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18" PVC PIPE 412 LF $675.00 $278,100.00 2 MANHOLE 1 EA $40,000.00 $40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $10.00 $4,120.00 SANITARY SEWER ITEMS $ 322,220.00 11% ENGINEERING, SURVEYING, &TESTING $23,128.60 7% CONTINGENCY $14,718.20 SUB-TOTAL $360,066.80 2% BOND $4,962.14 TOTAL REIMBURSEMENT $365,028.94 b. The plan must be in compliance with the City's master plans. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 2 of 12 c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements is $365,028.94. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $365,028.94 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 3 of 12 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 4 of 12 City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 5 of 12 d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 7 of 12 damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78401 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, LP, a General Partner, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form 1313 4.2.21 Page 12 of 12 EXHIBIT 1 PLAT OF III Tq INIJ F TEINS STATE GMIXEO wNUEC THE IDD 2.PAIE ROYAL OAKDLESSOUTH F Al e COUNTY OF NGECE2 AITIGJI I G11HE 11FE 1NAAD A°MA11 FLw...P. o..RFDLoNNDL, �I2R DR AT ME' N—El IIINT Do E. OF THAT ADTNOHATT w2 AI I T PPG sO IEnI IO NDDEDI�,TION.A,SHOWN HAVE BEEN ZIE'12VIPICBER, CORPUS CHRISTI, NUECES COUNTY, TEXAS N THIS THE DAY OF ,2G . LEA TRAIL MHANA GS GH sI.PRESIDENTo SATE IF TE,s DOINTY OF NIEIEN D SITE" I'A INSTRUMENT WAR AM GI PROPERTIES Ye RNOwLEIceD eEFOIE ME ev Massa MOSacunsl.PRESIDENT aF 0 250' 500, 1000, THIS,F. PAY CD scaLE.r=soo LDCATION MAP AND FIR THE 1"=50ol SITE OF TEIAS § COUNTY OF NUECES § THIS THE DAY OF .20 SATE of TExas N DN„ AELSH, RPLs. CIINTIOFNUECEF Q BASS & WELSH ENGINEERING HT PE THE FNALFLATIF THE IT AIN BE..RED PONPEITY WAS TX SURVEY REG. NO 100027-00.TX ENGINEERING DEPARTMENT IF DEVFLa.ME NT sE RVICEA OF THE CITY IF c.RPus APPOAPED,11 THE TE REG. NO. F-52, 3054 S. ALAMEDA STREET, E CORPUS CHRISTI, TEXAS 78404 NIIET T IF L 1-1 IF TE AS DATE LEGEND YNINTY IF NIED11 s (NAME).HF DE DRANACE EASEMENT YF APPROVE THE—DIVISION AND DEDIceTION EON THE PuRPosES AND CONSDERATIDNs TFAH STATE IF TExas § D.R. DEED RECORDS, NUECES Co..TX THEREIN EIPRESSED. MINTY IF NIEOEC sf br. BEHALF M.R. MAP RECORDS, NUECES CO.,TX OF THE cItt of co RPus cHRISTL TEAS BY THE PLANNI NO CDMMI"NN. D.R. OFFICIAL RECORDS,NUECES CO..TX TILE. 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' . s. 071 ss.oo' so.00' I o'uF so.oo' s0.oo' sa.00' S89°]2'33°W 1730,29'� IURV UURVE DATA 2 a05, Al 56Z Ev 0 25 50 I00' ©1- On=90°00�10' L R=10.00' _ =10.00' SCALE.1'-so' L-15.71 = a E = s E. DE-N05"a]'1F'W roved the Plennln CH=20 72 CH=a2 04 GH=Ia 1a' av by e PLAT OF Commlsslon on November 1, O o=2a'3s's8" On 90*00 00' sosa ROYAL OAK SOUTH R=21 00' CORPUS CHRISTI, NUECES COUNTY, TEXAS =21.80' L=a2.9a' LB=N13'05'26'W = 2 E. B,4$S & I�IOLSH EN CiNE ERN G -8R2 LH=a2.61' CH=]a.]a SE _ E E NO 1-11 IIN 11 IF 1T of o 111T N➢RTNWE ST LRDSSIN6-T A > I V 60, P. B52 b 853,M.2. 4 ION,a/c wuk � N ]9 ]8 1 16IGl4 13 IFC N PIC NAIL Div(6oTu 4 vn11 It/c wuk N89-1 '48"EI." __ 110 E).1 INCII woks(TIP) a/c aEaoEa c ---- (eo*n smEs or sRaEG sn.oa'-so-aa- -T3➢. -sz.vz= ter. a'_=l 0 / EA AFlEESW BEH a a�/svTy11 eE 11 9 wc1 ae 7593 SF TIN I-IN111 eENIII 16 6so1 SF o 9 sash s 10 CIA_Ta e "NO caa 1944 SF s04 �� TYPICAL STREET SECTION av A50' POW eI a g ➢Nv CURVE DATA rn1 eo�R i- s e���,a 05 GF R D--9a-oo'00' re-a/.o0 1 0 so.0a's EE sa.oo' 11.1e_i �A> s O - 'IC o.oo' -s 1r-1s.00' T-10.00' 1=130.11' T=]s.01' S89°12'33'W a12.10' O 21 B640 SF J CC A'5-�11'33'E LD-N45844'12'W CD�N45,46'45'W OF YENNE FER➢R1 VE 1m - CH-14.14' CN-09.83' CH=21.22' N69-12'33"E 960 oo o sag°1r 33'w - DI D-9o°00'00'" eas 9aae^ N89.18'33'E ROD.0o' 1 R=1 o.ao' sa.oo' sa.oo's EE as.o��25 221 s.P6' =1 00 '=13,E3' 0/ - CB�N45 4T'27 W CDS19 50'21"W 20'Y6 6333SF 00 CH=]4.14' CH=24.82' 15' (ro q� O y i09'12'33"W O D-41°2s'11' O D=a9'Sa'31' FY 1a O 130.00' R=3 99' R=14.99' 16 11 6500 SF o a 1128 SF�N to - 23 --of -- L=2s.30' CN�2152] 5 W ABAN00NE0 ACCORDING i0 i%RR E _III 6500 SF CB�68'29'S4'W - ENTERPRISE PRDDUCTS PIPELINE APPROX _ --- - 20 CN=24.16' ON TH E m Sa9°12 33"W COUNCIL,OPP NO 01 aoc No. y w 0N50.0 50.00's'UE Ss.00'� �� 6500 SF -Coo o.a. LOT k b 6, NDR T AC oln o FD 5/B'I.R. N CCOS CHUR so o' Sa9 1z 33'w suc, S�o Sa9"12-33^w ��f N N89'12'33'E A 660.00' 4 N FD a/a'1.e. 0 _ �p N 130.000 00' -5�0- 50 00' S0,119'--5f1y00_ 50 QD' 50`0'--50 00_ 50.0 45�g0' 21 21 6soo SF o�1128 SF o 0 O� � o 630000 S of o 29 31 ..� 33 35 -� 0 31 493 0 0 'UP 99 1 � o u 0 28 0 0 32 34 0 50 950 SE 5500 SF >5500 SF a 5500 SF >55001 SEo p 5-S( 15.0 a ssoa SE s500 SEo ci4'3 SE a 49s0 SE 4 ➢o o cT v 1 N �594o S R2 � � oW o� m o 8 e251 sF D F �_ z0'vR z so.00 sa.ao's EE 4s.00'� es zs 10'vR/uE s0.oo' s EE sa oo' so.oa_ so. - so.00 sa oo_ so.00' so.oo's EE as.00' 10as.oo' as,00'o a9.sa _ 0 O 120.00' S9°J2'33'W 890.00 D E Sa9°12'33'W 154.96 8 _ _ _ _ _ _ _ _ _ Cl N 89°11'33'E 960.00 6ERALT DRIVE N09°1233E 81 a.95' OF -- - N89°12'33'E 1204.95 N - - 3 _ N09°12 33"E 1144.93 _ -- N O O Z Sa.00' S0.00'S'EE 50.00' S0.00' S5.00' S0.00 50.00' S0.0 50.00's'EE 50.00 0.00 s0.00' S0.00' s0.00 50.00'S'EE 50.00' S0.0 50.00' 40.93 ml 20 o O - YR 4 5400 SF_ 5000 SF 10 o 13 is 500105F o 00106 S 011 19 SF s00P SF 50 020 1 SF C J2 0 IF 0 SF 5000 SF p 5000 0 5000 A o~ rn O � �ssa_sFJ'➢ aa -0-0 5e-0a- s0.o0 0.oo so.oo so.oo so.oo- so.a0 so.oo so.oo'ia'a so oa so.ao ss.es sa.00 so 0o so.oa i o uE sa.00 oo' �s No. 189'12'33°W 1730,29' o.R. P1111IN Is W F SURVEY ENTERPRISE PIIDUC71 PIPELINE AD POW 405, - 567 r1PProve1 by the PI-Ing ROUTE AS TRACED tNOT SURVEYED IN THE C._m.lononNovember1, PLAT SE 61OUNDI FROM Tx RRC WEDEITE, 2023 ADANDONED ACCORDING TO TO DOE ROYAL OAK SOUTH CORPUS CHRISTI, NUECES COUNTY, TEXAS 0 25' 50' IDD' Lma BASS & WEEFSH ENV GIN EERING -"T3 SCALE 1'-50' gE - ET. - E EXHIBIT 2 UDC greement Am3 ication Date of Application: 7-9-24 Type of Agreement Requested: Deferment [ ] Reimbursement N Participation [ ] Approved Plat Name: Royal Oak South Public Improvement Type: Water and Sewer Reimbursement Approved Public Improvement Plans: Y [ ] N [ ] Cost Estimate for Public Improvements: $506,137.87 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email [X Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Signature&Title Submit Application Electronically to: contracts a nd ao teem ents()cctexa s.COm Mail to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 [PM o UIC MPIROOMEMEHM "T'O mxxx q a LBI o� N 00AL OAK ZOO UVHl /� � C�OIRpMZ C�HIRMV09 HUEC E3 C�OUHTVV VEKAB �. w awti..n.re e� u�eo F- L OCATIONx MAP �x .� ,x 0 o.a«<o om.o�i....mw M.ow s xs<wwa SHEET 1 COVER SHEET AND MISCELPNEOUS INFORMATION �u�xt nw`mmwrrn m"` s m.rwe�ax.�urwury xoiuon arnxoi rtxe� SHEET 2 PAVING, GRA➢ING AN➢➢PA]NAGI PLAN b FEEL— SV➢MP PLAN AGO POOL]I SHE A NITAPI SEWER AND WEI PLAIN AND 11OPILE az�o - w,Pw .a Quux�uoa „000 .ia so xs+w wim.ms rir� ,s,; ,aoaronrw. SHEET 5 SANDAPI SEWER AND WATER PLAN PAID PROFILE u�9.o�.xo rwx�x� p x�xmxem rwnwioea�nexexe� ss n�µ`µoMeOV Y��' w �xWpPox SHEET 8 STREET,SIDEWALK AND DRAINAGE DETAILS SHEET 9 PCOP JOINTING PLAN oss.�o a.wF.o..,F.wax®.xo aHar SHEET 11 STORM WATER POLLUTION PREVENTION PION,SHEET 1 OF 3 ENT:ON PLAN EET'A OF'A CALL BEFORE YOU DIG! SHEET 14 TNXJDOT ANOSCITv SIGN PAID PAVEMENT MARKING REQUIREMENTS - mm SHEET 15 CIDTVDSTORM WATER STANDARD DETAILS SHEET I6 CIT,WASTE WATER STAN➢AR➢➢ETAILS H-o.wa�w�o.9xxa.xo 0 �..r..�o.��o:ar..�.a io�x•...mo ar�,..�w.pow.�o:aw<w. ..��w«.s w«a<<or.�o o«.o rwH�:w:�o�wa.x�.xutios ox wr �,.a:�wK�waw..�a��o�::u���.an.x�a�.:ax�aax x..rn�o w ax�oxx x:awax:. :.ax�o.x r�xw� �woar ruxs aau xu vuv�s.xo x osux i�xm s sr�nr�o. �^/ ��wear un.mw m,..:,ms,eo w�..r....r =o w wm ruexc wxxs coxnaun�ax�xm.. on nezuwrr:eo m�.e r�+eao�w aw„o a.M rc�:rnow..e w.e w nranrrKe a:�.e �� 0/ ..o.w:,.x,w a��.rwao w..r�w.�o w..�.��.�.raw or e�ownw ��,W✓N• Tow.nz..r-e. w or oeraorwern sm+az ox�wwe.e swa�z wun ee renronweo ix wn n wn.�.e runwses ��2p�2q wxw �o rmw:�o ss wx�:w�:.om aw��xwx,�.w ,ra.�w:ao�w a�e:rw�a sxrw»ar w«N�ow raV�x•�ow mom'mn BASS AND WELSH ENGINEERING 00 N S21k 55 55 50 50 ROE LE RUM g RgIL F iaPi °G 0 o �aa ro0 e. 0 00 15 65 60 c n x ff IG D nmvc Ewa c 55 55 once o„51 ENiIouCALCULATIONS o 10 0 0 l xs z�u s9 0a � I " + � � PROF LE EGGgI g nRI UE .as PBS 56' v S89'12'33'W "IN z9 —P 55 55 01 50 n .i. 50 0 PRBE E YEN PETER DR PF y ,� a n n co n ai. B t 65�rm 60 -- — -- — -- — -- _— — — TH e EawGE T'/zo/zd 55 B re os< a Ss o O vaoa a e P 55= eRrvsreuc�iOry ore aioowo vureaos<s. 17 7 Fill I'll IT, sra is BASS&WELSH ENGINEERING 0 0 y PROFILE—GERPL ➢RIVE P MP O RBYgL BAD SBUTN ✓— ..e sus I a I + r 0 v w� 2LOHU I N° 0 _��01 o 00 ��h— --- -- --- --� — I -- �noRoaNRRPEI, -4- y. s3'w 1 3O.z9 ¢\ S89'I 2 s.00 1o.oa NLp a. 11INNON�N O owP O,, �w 6O 6O �L,aN,ea3 s r os 55 £ 55 5O 50 PROFILE— ENNEFER➢RIVE PROFILE—JASK]ER DRIVE suLc i=so .o ]3s80 15s08 OR corvs111lN ry ore ei42 Aoly—es65 ,NG s� °°� . — 60 ROVEMENTC TO DO_PUBLIC 04 CORPUS CHRISTI,NUECEC CO.. TP i C 16 s°v is 50 POVI NGPLAN ANnOPROF]LE4 I NODE _ 65 1 5 Do zwo 3 00 awo swo Jill � o PoPaPI re N OF FEE, F vx - — ———— — ss IF � P §e 9— �owu 15 0 PROFILE _=L NFE A 'RHUMBA FAIL — — - - - - - - iPRNI V0-1� m� — —0 00 1 »x 10oP .« :,, P" ED` 11 o �P°oPaap P wo � w x�. LINE I �F eP ,=F �I — nF ESN1B, 1I S89' — 1 '11 ON z n 56 ]2 3 F3 -'vrc.¢.rz si.n exo Pws voa5 o00 V,Fo 7,00 B4OO 1,00 o .os ecoxu uav<re<L435 n.�l 12P — — ———— -iy PreoP s Pvc W Pv a.n ~° oz s s<s zc. 50 cPROFILE-SS LINE C IIENNEF ED DFIVE y YitA!rj4 ss�^I,`ry me as 650 65 {j WOW[I 60 °oav evfivc 061 1 -- DI 1 Pe L ---, 17 Drerv.F 4p\o ,�" N o L R P11, F 0 carvITNIIINN oa aiooiNI v11va111 P oP e Pvc w .oP ao as.rL so ss PreoP a'Pvc vvre v ov a vvc n� Fezro of eus uxo"ED OR rvc ll 1 PReP�NW. Sf.n is Nm*o BE VS[D FOR 55 — — -- -- — 55LUJ� 0 so PROFILE-SS L]NE E l6ERALT ORIVE) P 0 GOP AT OR,SOUTH CORPUS CHG N PROFILE 0 ao -- --.�-- -- IN A rere�.o.ago re,ITT -- — oP e Pw . eee�ere�reecc�rere�N�,e„ 0,� zrea 00 0 m p d dreOP� o 0 =re,re na,e�zre �I d �.0 a Ow -srr �,re,re� r d — =o= — �� w,o �» -- —_ -- — — _---- — — ORGAN a o_ ad N J730 29 «rrere.,.K.oGP es.00 i.o0 es ear oGm Q 6C-1 ree-rP cI'TC:L I0 �o rr m 50 so so s0 � Pane - rvo.F sco�F.�'so NE FER➢R]VE �JASK]ERS ORIVEE 0 1E`00 IU—Z T are O`NE10 IFII o—[s i 1-1 IEI zN¢10 Pao kc, _________________ _________________ ____"0—, e—nizn-rePeo.�'< ��'eviio.e'i i i e�. ____________ __________ __ Vzr nn is.ea vm ssxx 55 MR ROYPL OPK SOEFH so11 so saN„a Ere P�aN PROF F- NF F rrFa.o F DRIVE) 4 0 n v �L z. � v� v= �zz ze 26 N89?]z 8s�EP� zz z�ze z0 — E i Waif nnaav ol� a — o re�o re.re m� sres.z..a gyres.oe- Oa,�e �rere rere�� >res. I' I. ss.. n.o�z9 Ere�No.r `v oii 1111011111TI TO �oNnrereo,�ore ore a�oo�No.rere.osEs � a. a.a...ss..�.,.w....ao...... sraEEr SIGN AND LIGHT POLE PLAN N a pp, a O f � o NB;a J,° 3•3E ON rycx O. ca wurc�c.wad®°.svx. = vmo aou umcu s o.. — aac i w°xo�.ono x°res�s rvoatxx ru " zs" u U � e a� -- — — — -- — — -- ------ -- --------- ------ E L Noa'IAN" alPG u o s ---- �,, °a x° se3•��-33�w „3Oz3 �NPBoa o Bova oau sou3r+ I. ................... . ........... roue ao..si Ms ....... mi PCCP CONTRACTION SAUVN)TOINT I LET,11 ND Quwurusuxzas PROPOSEDI K AT 1UNCTIENN OF "INSTALITATION E(OBJECT UlM00A.A.'­1 ,ERR'A F��7n7iE 11 N Pomwrnw mmD CEMENT CONCRETE P ING)NOTES a PP T111—SECTION PROPOSED LINING�NDITCFHAT END OF PROPOSED,T—E El TYPICAL STREET SECTION 60 ASSS ANO­SH ENGIUNEEPNG PUBLIC IMPROVEMENTS TO R FLAT CAU MTH CORPUS CHRST,NUECES GO_TY llPIC4F STREET SECTION 50- CTREET,CIDEWALK AND DRAINAGE DETAILS 0"G_ WV, 21 X., --0 --9— ro.P:a"i -- -- — -- — -- —5 -- -- -- --- -- -- ----- — ao.,�m — ------ -- --- -- -- —ryas---- -- --- -- -- —�---- — IIPPOIIIIITI TO Pccp li z-33� "ryryPo�. ory ry�ryo�ry�s�.ry � BPSS&WELSH ENGINEERING o rv. is NM Npa Pz aaouuc.z aM rv�oaaem oo Yo s.w.ore ro - sso 1 6 IrEG,Gp� NG Ire es w IIAGzs oorvsaa—N oa�o�H R plO S', ¢N892'l 2 8'xE4re 11-- — -- -- N 09 ­N«<a ore o o,re m� o - -111 rea 10,re -- �Vv;m� s u ,sz.oe Q S89']2'33'W ]�30 c29' A [Nore , W l.N,T ue,iNN oa-DINc a011a111 68 �a PO T ON PRTUTNT ITN NOTT —9---- _—] --- -- _—__—� — oCONTROLS a — — o xwe xw w o.xere nevn:a rreox axe..wr.reue.s e: :o w.o 0 N , SEE NSCREEN NG FENCOE oR rv�,Ea � IF -- — — -- ——— ——————— o cx _— -- --� N89'� ra.E AGE 00 „Ii fry zs Q lA � �^ � �a ss z no mno.oxc rve:u ox urrsuna U zoo zo, -- -- LI — -- -- — --- — -- --- -- -- -- -- -- --pNa �o� 111ILL EE , 0 ,3.33'1 IC3o z9 INIIIIIIII 52 STORM WATER POLLUTION PREVENTION PLAN SITE DESCRIPTION EROSION AND SEDIMENT CONTROLS ION INGLE11 T SOIL 1111 CENA PRACTICES oru utcn To ec oisHureacD. PRE9[RVA*ioN of NA*uRPL 1E9ouRCEs o(i[IAPORPRiLv oR reens[o LEE'„ �� �x M 1priia�arvsaoc orv}5 NNX(usoDl\ STRUCTURAL PRUCTILYS SAC, A ry ISTDrern�v crv�)oc uE cPE-ETiorvs Es SPNnpRY W0.5IE. SEDIMENT`ASNS RA NI A El TOE—IN METu 2l II qAL`n„SV^R`T \y wnu REINEORCEMENL ` \ Y wood vc11 E• \.� En °N,=�a'R�°�SR°�Td l'LAN D"A P IND H� � � � � DR DIDDIND PDRPDTES E°D�NnDDR�DN ELEAATIGN PLACEMENT FOR BALED HAY \� FILTER DAMS eukElu ' wi%t`ta ", 0,gym) LOCATION MAPPOULTRY NEL�ING Tx reE RASS AND WELSH ENGINEERING ALVEDnrem s SECTION A—A NT SEDIMENT CONTROL FENCE Mn.cPoL RCHRIIUEECORPUS ST.NCS CO.TX TRIANGDEAR SlIPGASE INSTAEEATIGN GENERAE REWIR ENTs 91 T—`r Name �':s'D,9Y4e:'Db�6r.�D'I { I 1 'E¢SiF ^ems „.rwas,a°a'Nt°,�US �} ^. ...-«..-.e.,n......-«.•�n ®w max.,. IA.��E�'�. ww.a..-.... it .g CONCRETE ANCxGR m w°"ww«."n—X1waaxz- e':e °.n u`rvr m`.mS.e m,«q« RNDUI T'lP. S vSTEL I. Ret�"W"EE°•°•°� f°" -'ha.°r"`w�"n'^ E an, REWIREtENTS FOR RED DACNWIpFID REWIRDENTS F011 FNITE BAG.—D gEGLLATOgv SIGNS REGULATgW STOP — T" � ba® END END I °LP SPEED WRDNG JJ - .... D°Da-smeeT None slGN n ➢ a g� WAY DEnD EN ....°. �`""-`- --q— •«—�•«— D OR NO ONP-SIONAGE 9'D3 W/ REW IRENENis FOR EARNING SIGNS W gfIRE GH EENTS ftq SCxODL SINS r'! _ m 0 O 20 xo,x axxox,,.rvxax a—1 XISION TO_eD,E NSrali..noN ww,.°.o °:sM ..w x,w.,•xwi, xww.e .,° .....xi., TYRI CRL SIGN .xo uu uuu _ e REW IREEEXTS a wx°rt �r...m....w GIB ...._ nw cacox a w.mw..°e w n. niu. m,.w,re.c enexwxouxo .pwA. °m"`s "" ry ..NT. SRI 1 IS TYPICPL GROUND MWNIED SIGN PtACEMFNT EASS PND WELSH ENGINEERING UBDOLIC YALPTD OAK SOUTH mxsxu�iox ax aiooma auxaas6.x 7XaU&CITY SIGN PANEMEN7 P.g _ M a�mq � ..r� r eb wa=<'�•..l _� �� , rp__ "`.`L s. L e.a ....w .` 4 Y ®..C.J,. .......ram.. .......«-., .eC.» ULF C0 -=I A,! — -Az-, r m c RCRYOI pElAlt r 'nk P r RCI(YM CETN 4-n R 11 �` _�_ m" g Q CARPUS COYALSTOAK SEOCUETSH Co CITY STCFM —NDAPID DETAILS r. PLBLICSIMPROVEMENTS TOGA i..« •rrnmmn um Mm % o € 5 k € Q- 1 EASS PND WELSH ENGINEERING —gym ..a,...< ...av w.o-®m.wvrcwv-.�.. ..�-.,,.a .......> .... (wows ir- p9 ggg I—IIJ0.4Jl \ —••• la— .. H, F- BASS AN[WELS'ENGINEERING PUBLIC IMPROVEMENTS i0 r o ..m 5, - 4 � o v w IL AULT CTE 1 o�LZR��4 BASS ARE WELSH ENGINEERING EXHIBIT 4 NIXON M. BASS WELSH ENGINEERING WELSH, P.E., TX Registration No. F-52 Survey Registration No. 100027-00 R.P.L.S. P.O. Box 6397 Email: NixMW@aol.co Corpus Christi, TX 78466-6397 m Royal Oak South -Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST 1 18" PVC PIPE 412 LF $ 675.00 2 MANHOLE 1 EA $ 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $ 10.00 SANITARY SEWER ITEMS 11% ENGINEERING, SURVEYING, &TESTING 7% CONTINGENCY SUB-TOTAL 2% BOND TOTAL REIMBURSEMENT 3054 S. Alameda St. 4/3/2024 TOTAL $278,100.00 $40,000.00 $4,120.00 $ 322,220.00 $23,128.60 $14,718.20 $360,066.80 $4,962.14 $365,028.94 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 4/3/2024 Royal Oak South - Cost Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF 675.00 278,100.00 2 MANHOLE 1 EA 40,000.00 40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF 10.00 4,120.00 SANITARY SEWER ITEMS $322,220.00 WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 16" PVC PIPE 365 LF $ 220.00 $ 80,300.00 2 16"CAPPED TEE FOR 2" 1 EA $ 500.00 $ 500.00 3 16"EL,ANY ANGLE 4 EA $ 3,500.00 $ 14,000.00 4 16"x 8"TEE 1 EA $ 3,500.00 $ 3,500.00 $ 98,300.00 11%ENGINEERING,SURVEYING,&TESTING 46,257.20 7%CONTINGENCY 29,436.40 SUB-TOTAL 496,213.60 2%BOND 9,924.27 TOTAL REIMBURSEMENT 506,137.87 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78463 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal 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) NIA NIA 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 NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER (Print) Signature of Certifying Person: date: 12-18-2023 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORMS1FORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "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. d. "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. e. '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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Wastewater Trunk Line Construction & Reimbursement Agreement Ordinance authorizing a Wastewater Trunk Line Construction and Reimbursement Agreement up to $365,028.94 with MPM Development to construct a required wastewater trunk line for the proposed residential development related to Royal Oak South subdivision located south of the Chisolm Trail and Rand Morgan Rd intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $365,028.94 to reimburse the developer in accordance with the agreement. (District 1 ). City Council August 13, 2024 Location Map 4m3HIG"_LCly 4 TRAIL z w„RIO�k Da, A f N � � p r � n WISOLM TRAIL a SEWLIA TRAIL 4 b -nWral "BAD SITE' 0 P50' 500' 1000' SCALES I'= 5C.' L❑CATI❑N MAP 1'�00' Total Reimbursement Estimate SANITARY SEWER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 18"PVC PIPE 412 LF $675.00 $278,100.00 2 MANHOLE 1 EA $40,000.00 $40,000.00 3 TRENCH SAFETY FOR EXCAVATIONS 412 LF $10.00 $4,120.00 SANITARY SEWER ITEMS $ 322,220.00 11%ENGINEERING,SURVEYING,&TESTING $23,128.60 7%CONTINGENCY $14,718.20 SUB-TOTAL $360,066.80 2%BOND $4,962.14 TOTAL REIMBURSEMENT $365,028.94 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MPM Development, LP for water improvements for King's Landing Unit 9 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131 ,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 3). SUMMARY: MPM Development is developing 24.86 acres of single-family residential homes with approximately 104 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $131,835.50. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 24.86 acres subdivision named King's Landing Unit 9 subdivision located north of Lady Claudia Street and west of London Pirate Road. The plat was approved by the Planning Commission on September 20, 2023. The water improvements consist of 590 linear feet of 12" PVC pipe. The allowable reimbursement amount is $131,835.50. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission and Grid Main Construction Standards. The project is eligible for reimbursement from the Water Arterial and Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new King's Landing Unit 9 subdivision development. An alternative to utilizing trust funds to construct the water arterial transmission & grid main line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $131 ,835.50. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131,835.50 to reimburse the developer in accordance with the agreement. (District 3). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023, to develop a tract of land, approximately 24.86 acres known as King's Landing Unit 9 Subdivision; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission & Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Water Arterial Transmission & Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission & Grid Main Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement"), attached hereto, with MPM Development, LP ("Developer"), for the installation of a 12-inch water line, including all related appurtenances, for the development of Oso Creek Corner Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $131,835.50 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $131 ,835.50 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MPM Development, LP, ("Developer/Owner"), a Texas Limited Partnership. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on September 20, 2023 to develop a tract of land, to wit: approximately 24.86 acres known as King's Landing Unit 9 subdivision located north of Lady Claudia Street and west of London Pirate Road. as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvement is $131,835.50 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $131,835.50 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 12 the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 3 of 12 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city- secretary/conflict-disclosure/index Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MPM Development, LP P.O. Box 331308 Corpus Christi, Texas 78463 By: Moses Mostaghasi General Partner STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Moses Mostaghasi, General Partner of MPM Development, on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 12 EXHIBIT 1 AND SuxvEYS ix,xPx xEVELOPxExr.LP v'xcrES 5'UE, DOC. NO. %%, 0.R. 5'UE, Doc. 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N89°04.28-E 102o.33' I R=I5.00 N\ B N89.04'22'E 279.11• A Q T" 753"7'--sF =23!16' m s\ / J5.00' 6J.00' S•EE 63.00' 6000' 3].50"^ 3J.50' �00' S5.00' 60.00' S' 60.00'CB=N45.55'32'V Cn=21.21' 1O120 SF 14.11 25YR© 00'00'00' m � 41. 25•YR a _R=IS 00' _ -ai=15.00' �w/29 a0. 32 3l 30 �' 29 34 33 32 29 28 L=23.56' - 2 9188 SF 8208 SF J]IB SF N 9139 SF J992 SF?N J3Jo SF 8040 SF 8040 SFC=N44'04'26-E m H1.21 34 33 9BJ8 SF 9130 SF _145.60' So E 90.44' -- 75.00• -- 6]O0_ -63_00'-5'UE J5.00•J a3J.50' 3].50• A -- -- - L60.O0'- 55_00_ 60.00_ 60.DC, S•UE 55.�0' -60_00'- r�� --5'UE------589°04' 8"W 591. 04-- --sUc- -- o __ __ -- --- -- - 23 24 25O 26 2] 22 �p r 5•uE S89°O '28"wf 1110. 33 suE 22 4 3 l 2 3 4 5 6 J K ING'S LANDING UNIT 5 Im m KING'S LANDIRG UNIT M. V.%, P. %%iHRU%%, M.R. V.%. P. %%iHRU%%, M.R. N00°55'32"W 1 1.50' PLAT OF KING'S LANDING UNIT 9 0 25• 50• too, CORPUS CHRISTI, NUECES COUNTY, TEXAS � ED, SCALE:I'=50' BASS& W%LSHD ENGINE ERINR c �&Pxao.'�Mfg fe 21 RE US3t R SHEET 2 P.rESGLE:SANE AB- T 577. IFICATE E.3 NANEp HABRILLA,f,T:,T(GN CpNPANY.NUECES I,HPH a_ T.LP --3'------ 5' UE, DOC. - SOO°55'32"E 20. 37' N89°04'28'E 1110. 33' No. xx, o.R. --------- N89604128'E __ ---- ----------- 30' 30' 120.00' 34 50.00• 50.00' 50.00'S'UE 50.00' 50.00' 50.00 50-' S0.00• 50.00'S'UE 50.00' S0.00• 50.00• 50.00'E5.4t N 000 SF 33 IS ^e l6 t] 18 19 20 6] ^a 9 9 l0tt ^o° 12 l3 l4 `5950 SF 5950 SFgl SB50 SF 5850 SF 5850 SF 5950 SF�95850 SF 5650 SF 5850 SF 5850 SF�H5850 SF 5850 SF 5650 SFao 120.00'n ,^ mc N a3225•Y o 30' 30' 6000 SF_ 50_00_ 50.00' S0.�0'S'EE 50.0�' S0.00_ 5000' 50a0' Sa 00• 50_00' S000'S'EE 50.00' S0.00' C S89'04.28'V 1020.33• m iARGARYEN ST- - _ - - - - N IP I i 3l N89.04'29'E lllJ.83' 6000 IF O to ---- N89'04.28'E 1020.33• q S89°04.28'H _ -- -- - 120.00' i 50.00' 50.00'S' E 50.00' S0.00• 50.00' S0.000' S0.00' 50.00' S0.00 5• E 50.00' 50.00' 50.00' 50.00' 35.33� 30, 30' a y- 25'Y 25•VR a 6000 IF 30 Na ^a =o la /i a I 19 ry �� -9 �N 33 a 32 3l 30 29 ul 28 2] 26 25 N 2a 23 22 2l 20 19 - PI 29 a N SJ50 SF ` SJ50 IF SJ50 SF 5]29 SF=m SJ50 SF 5750 IF 5]5D IF 5J50 SF"n 5J50 SF 5750 SF 5]50 SF 5]50 IF `5]50 IF'^:5]40 S I`" C' 600a SF NOf O -Jo zo I= I 569.04'26'v of I� _ e N o IN 28 i 60.00• 55.00• 60.00• 60.00 5'UE 55.00' 60.00• 60.00• 55.00 60.00' 60.00' 95.00' 60.33.1 ry N a N to I 6000 IF I N W ^ A NI I . H of C, Iu 6 c J 8 9 10 ^� tl 12 l3 ^� l4 15 l6 1J ^� l8 m m a 8 00 I�27&S N ]800 SF ]l50 SF J800 SF ]600 SF ]t50 SF ]800 SF J800 IF N]150 SF ]600 SF J800 IF ]150 IF o✓:J]95 IF lQ °!la 6000 IF o ' ory aW S89-04'28'V O Clom m m 25'YR m 120.00 fi m I O Z- C' o 30' 30' IC2 IN 60.9.IF of I Z ~__ 60.00' 55.00• 60.�0'--60_00' 55.00_5•EE 60.0�' 60.�0'--55_00_ 60.00_ 60.00' S5.�0' 45.33• E C S89'04'28'v 1020.33' CONLETH Si - - - - - - S69.04'28'Y H- p A - - - - - rve9°04'29'E 11 t].87 6000 IF al I 25 N89'O4'28-E Mao.33' A I= O CURVE DATA of A D=90.00'00' 2 60.00' 55.00' 60.00' 60.00' S5.00• 60.00' 60.00' S' E IS 00 60.00 60.00' S5.00' 45.33'� 30'1 30' N 120.Oa• R=15.00' =15.00' El =23.Sfi' 25•YR 25'YR to 11 of I 24 c CB=S45.55'32'E y- e I 6000 IF a CH=21.2l' 29�, 29 27 2fi 25 24 23 22 21 20 19 16 a 1J I ul to I I R=15.00' 8040 IF )3]0 IF 8040 IF ^u:]3]0 IF k 8040 IF k 8040 SF ?u]3]0 SF k 9040 IF k 8040 IF k 73]0 IF?�`",:8036 SF i=15 00• 12 O e I 23 L=23.56' 6000 SF CB=S44.04'28'H NI rF 28'V m m a 60.00' S5.00' 60.�0' _60_00' Cs 55.00' 60.00' S'uE 60.�0'--55_00_-60.00' 60.00' 55.�0' -60_33 30' 30•- __ _---- 60.0--- _ ya --- --- -- 5'uE - -- S89°O4' 8"W 111 33 I 6 ] 8 9 l0 1l l2 l3 l4 IS l6 1a S 9°04'28"W NING'S LANDING UNIT 5 NOT 55'32'W m 24. 37' I 120.00' 1 1 2l I9 V.X, P. XX THRU XX, N.R. 14 PLAT OF a 25' Sa' to KING'S LANDING UNIT 9 CORPUS CHRISTI, NUECES COUNTY, TEXAS SCALE:1'=50' BASSS 'LILIo-ENGINEEERIN c &;PAT.'NO1 ftAT-HT3 SCALES I'2�51 S H u51Ia1R5 T' oil I Oil NX ZE - � ' � � �III�EI 13�11�EI 11�11 � ��IEIIEI I1I�� .,�. Elul 1111 fly EI f l I f l li 11 l I II I I 61 OW l� kl■�E� I�I��' ' I� it lal� ,+ ��tw FI I��i➢CFI la�lr��l I�JII�E�i I� �I € ��� US ul� Et�Bf l�l I�IV�I� I�JI�EI 13�II�EI 3mh�r 131�9� _ ICY 11 III1E�FI E1�11EI I _ AEI 1��113�FI 19111 III �I� h�E EI ��II!�I. I��I ° t�R�1hBq q�� I�1, ° I�EI ICI f��1�ia q��l OEM's 03" imam MINIMUM M I�IJI oil AEI NOUN —, U .. , EXHIBIT 2 rv' UDC Agreement Application Date of Application: 7-10-24 Type of Agreement Requested: Deferment [ ] Reimbursement [x] Participation [ ] Approved Plat Name: Kings Landing Unit 9 (PL7943) Public Improvement Type: Water Reimbursement Approved Public Improvement Plans: Y[ ] N [ ] Cost Estimate for Public Improvements: $131,835.50 Ownership and authorized signatories to enter into the agreement: MPM Development, LP Mossa (Moses) Mostaghasi Contact Information Name: Mossa (Moses) Mostaghasi E-mail address: mothepro99@aol.com Phone Number: 361-774-3832 Preferred Method of Contact: Email LA Phone[ ] Other[ ] If other, provide detail: Company Name entering into the agreement: MPM Development, LP Company Address: PO Box 331308 Corpus Christi, TX 78463 General Partner Applicant's Gimp &Title Submit Application Electronically to: contractsand agreements(obcctexas.com Mall to: Development Services Attn:Business Manager 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 EXHIBIT 3 MPM DEVELOPMENT ALP PO Box 331308 Corpus Christi,TX 78463 361-774-3832 August 1, 2024 To Whom It May Concern, The water line reimbursement amount for Kings Landing Unit 9 was calculated using the final plat. We measured the length of Lady Alexa Dr within Kings Landing Unit 9, as the water line runs parallel to this road.This section of Lady Alexa Dr connects to the existing line in Kings Landing Units 2 and 5, located to the south. Construction plans were not necessary for these calculations since only the length of the line was required, not its depth.The quantity list was created using the same calculation method as in Kings Landing Unit 5. For reference,the plat for Kings Landing Unit 9 and the overall neighborhood plat are attached. Thank you for your time. Mossa Mostaghasi MPM Development, LP General Partner EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 7/9/2024 Kings Landing Unit 9- Cost Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12 INCH PVC PIPE 590 LF $ 112.00 $ 66,080.00 2 12 INCH CAPPED TEE FOR 2 INCH 1 EA $ 1,120.00 $ 1,120.00 4 12 INCH GATE VALVE WITH BOX 2 EA $ 5,300.00 $ 10,600.00 5 12 INCH CROSS 2 EA $ 2,500.00 $ 5,000.00 6 FIRE HYDRANTASSEMBLY 2 EA $ 10,200.00 $ 20,400.00 7 6 INCH 90 DEGREE ELBOW 2 EA $ 1,100.00 $ 2,200.00 8 6 INCH DIAMETER BY 30INCH PVC PIPE NIPPLE 3 EA $ 775.00 $ 2,325.00 9 6 INCH GATE VALVE WITH BOX 2 EA $ 2,000.00 $ 4,000.00 SUBTOTAL $ 111,725.00 ENGINEERING,SURVEYING,&TESTING(11%) $ 12,289.75 CONTINGENCY(7%) 7,820.75 TOTAL $ 131,835.50 Page 1 of 1 EXHIBIT 5 City of Corpus Christi,Texas - ity Department of Development Services P.O.Box 9277 Corpus Christi,Texas 78469-9277 Corpus (361)826-3240 Located at: 2406 L e and Street �+Christi (C'omor of Leopard St.and Port Ave.) DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with"NA". NAME: MPM DEVELOPMENT, LP STREET: P.O. BOX 331308 CITY: CORPUS CHRISTI ZIP: 78 FIRM is: 0 Corporation A Partnership ❑Sole Owner []Association Fal 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) NIA NIA 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 NIA NIA 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named"firm". Name Board, Commission, or Committee Mossa MostaghaSi Capital Improvement Advisory Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Consultant N/A NIA CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: M OSSA M OSTAG HAS I Title: GENERAL PARNTER {Print} Signature of Certifying Person: date: 11-14-23 K:IDEVELOPMENTSVCSISHAREDILAND DEVELOPMENTI 1NANCE ADMINIMAT]WAPPIKATION FORNISTORMS AS PER 1,EGAL120121DISCLOSURE OF INTERESTS STATEMENT 1.27.12.DOC 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. "Employee". Any person employed by the City of Corpus Christi, Texas, either on a full or part time basis, but not as an independent contractor. c. "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. d. "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. e. '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 holding or control established through voting trusts, proxies or special terms of venture or partnership agreements. f. "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. KADEVELOPMENTSVCSISHAREMLAND DEVELOPMENrOMNANCE ADMINISTRATIOMAPPLICATION FORMSTORMS AS PER LEGAL2OI21DISCLOSURE OF INTERESTS STATEMENT1.27.12.DOC Water Arterial Transmission & Grid Main Construction Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $131 ,835.50 with MPM Development, LP to construct a water arterial transmission grid main related to King's Landing Unit 9 subdivision located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $131 ,835.50 to reimburse the developer in accordance with the agreement. (District 3). City Council August 13, 2024 Location Map Location Map King's Landing Unit 5 vmp� W-1rnquvnw n 2 Total Reimbursement Estimate WATER ITEMS ITEM DESCRIPTION QUANTITY UNIT COST TOTAL 1 12 INCH PVC PIPE 590 LF $112.00 $66,080.00 2 12 INCH CAPPED TEE FOR 2 INCH 1 EA $1,120.00 $1,120.00 4 12 INCH GATE VALVE WITH BOX 2 EA $5,300.00 $10,600.00 5 12 INCH CROSS 2 EA $2,500.00 $5,000.00 6 FIRE HYDRANT ASSEMBLY 2 EA $10,200.00 $20,400.00 7 6 INCH 90 DEGREE ELBOW 2 EA $1,100.00 $2,200.00 8 6 INCH DIAMETER BY 30INCH PVC 3 EA $775.00 $2,325.00 PIPE NIPPLE 9 6 INCH GATE VALVE WITH BOX 2 EA $2,000.00 $4,000.00 SUBTOTAL$111,725.00 ENGINEERING,SURVEYING,&TESTING(11%)$12,289.75 CONTINGENCY(7%)$7,820.75 TOTAL$131,835.50 Trust Fund Balance as of July 31 , 2023 Available Combined Trust balance as of 07/31/2023 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g� 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with LSK Development, LLC for water improvements for Azali Estates Unit 3 CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). SUMMARY: LSK Developments, LLC is developing 13.87 acres of single-family residential homes with approximately 61 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $136,870.31 BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 13.87 acres subdivision named Azali Estates Unit 3, located north of Yorktown Boulevard and east of Azali Drive. The final plat was approved by the Planning Commission on December 13, 2023. The water improvements consist of 1 ,289 linear feet of 16" PVC pipe. The allowable reimbursement amount is $136,870.31 . The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The current trust fund balance is negative and will continue to be negative for the foreseeable future. Therefore, funding for this agreement is slated to come from future revenue sources. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Azali Estates Unit 3 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $136,870.31. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastwater lot and acreage fees and additional fee from Water and Wastwater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on December 13, 2023, to develop a tract of land, to wit: approximately 13.87 acres known as Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement shall only be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with LSK Development, LLC ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Azali Estates Unit 3, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 12 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $136,870.31 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $136,870.31 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of 12024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT STATE OF TEXAS § COUNTY OF NUECES § This Water Arterial Transmission and Grid Main Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and LSK Development, LLC, ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 13, 2023 to develop a tract of land, to wit: approximately 13.87 acres known as Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 13 becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 12" GRID MAIN WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12" PVC PIPE 1289 LF $66.00 $85,074.00 2 12" CAP TAPPED FOR 2" 2 EA $1,500.00 $3,000.00 3 12" TEE 6 EA $2,200.00 $13,200.00 4 12" GATE VALVE W/BOX 8 EA $1 ,500.00 $12,000.00 5 12" EL, ANY ANGLE 4 EA $2,000.00 $8,000.00 6 6" GATE VALVE W/BOX 6 EA $800.00 $4,800.00 SUBTOTAL $126,074.00 10% CONTINGINCIES $12,607.40 SUBTOTAL $138,681 .40 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 2 of 13 7.5% ENGINEERING, SURVEYING, & TESTING $10,401 .11 SUBTOTAL $149,082.51 LESS WATER LOT FEE $12,212.20 TOTAL AMOUNT REIMBURSABLE 1 $136,870.31JI b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements less $12,212.20 lot/acreage fee credit is $136,870.31. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $136,870.31 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 13 e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. c. If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.1. C. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Water Arterial Transmission and Grid Main Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the water line for which the credit was given, and an extension of the line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: LSK Development, LLC P.O. Box 8155 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 13 Corpus Christi, Texas 78468 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 5 of 13 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 13 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 7 of 13 of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 8 of 13 maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 13 This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/Iegal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/citV- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 13 This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 11 of 13 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Deputy City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 12 of 13 DEVELOPER/OWNER: LSK Development, LLC P.O. Box 8155 Corpus Christi, Texas By: Ata O. Azali Governing Person STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Ata O. Azali, Governing Person of LSK Development, LLC, a Limited Liability Company, on behalf of said corporation. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 13 of 13 EXHIBIT 1 PLAT OF FRESSFOLLYJ- AZALI ESTATES UNIT 3 ATATE OF TEHAE OF n T FDL Li wHicH Ts RDcorenEn TD wwNE'a.Pnr,D aT Cl.DAP REcoRTs.NUErFs cD..Tx 0 400' 800' 1600' IDINTA IF NIECEE CORPUS CHRISTI, NUECES COUNTY, TEXAS WE DORSAL DAPPLOPMENT LLC F Ell IEI1 I'T14T WE ARE TIE OWNERS OF SCALE-1-SOD' cED WITHIN THD eou BASS & WELSH ENGINEERING -w C —ET nR. AS SIOWN THAT STREETS ANN ERIC M ENDS AS S I OWN HAVE SEEN 11CH32RESEE'DIAREED. FIRM ND. F-52, 3D54 S. ALAME➢A ST. IIIL _ {� AND THAT NOTThis PUT SA,RARE MADE FOR THE PURPOSES of DESCRIPTION AND DEDICATION CORPUS CHRISTI, TE%AS T8404 E �/ DE Tuffs THE IS'OF zD SHEET ore RaDCH vT Ew n NOREAN INa a CIA o.AAALI.PRESIDENT nR� lul KRVP,IN 11.l KARO nR 'SITE' STATE OF TExAs § COUNTY OF NIECES 4 THE NDEIPELO MDNT.LTC AIINOSTEDDED BEFORE ME RA ATA AEI PRESIDENT OF.DORM ocAT 1[IN MAP S' =000' NOTIRI SUITE OF,ETAS SATE OF TEKPA § RAINUF IF NIECES § IF 7 HATE OF TE _ § DEPANTMON DF DD�LDPMONT A EDS DF TID Er DF RARPIS RI,I TE S COLD'OF NIECES g LEGENDSEHDEIA OF A LIEN ON THE LAND ' ENA RNA'" =EEOP*H TMMEM sERNDes AT DE DE DRANACE EASEMENT FARE 00 N 0 MAP AND I HAT WE A=N THEPIIACIDAON AND DEDGECURN FOR THE A I DEED RECORDS,PIECES CO.TP MCI MAP RMIORDA NHEIE1 CC_TV R SATE IF TExAs ® DATE Al. OFFI EST RECORDS,DUECEA 10_TP TILE_ RAINY OF NIECES § UE. InLor EASEMENT FUAH E'N `ED SATE of TIED. g ,N s THE oRARf RAr OFRisTL TExAs.Rv THE PwaNi�MMirnoNG ON IEETALF IF COUNTY OF NIECES § THIS INSTRUMENT was ACINOwLEDOED EFORE ME EF (NAME). M(HERE MILLER Ac RAIMOND oI.AM (TITLE).OF FROM THS E DEC EKING WALEI Al CONTACT RECREA oN USE MONUEN`AT`N I"HOT"RNER'S sTe-... Ro . SPATE of TECAR § INIEL Ell AINTAN PLASTIC APPS THE sn,E IF TExAs COUNTY OF NIECES § ueELED PESI AND 11 IF INcmDORINc. CIE" THE FIT N AND PLATE OF Toxas g HERERv c[RTISFv THAT THE FoRDcomc INSTRIMENT DATED RHsaD couNTDar of zooD.NAD TaeA. Al ALL IF THE CUP FIT ATE FDA IN GONE I 1ITH EAWI COUNTY OF NIECES ® zo WITH DS CERTIFICATE of AUTHENTICATION. MAP was FILED FOR RECORD IN My OFFICE THE DAI OF 'ONE E,tFu AIRN THE NORTH P AI 11 OF THE E,TE as CHowN. 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ALAMEUA IF CORPUS CHRISTI, TEXAS 73404 EXHIBIT 2 Reimbursement Agreement Application Date of Application: 1/19/2024 Type of Agreement Requested: Deferment [ ] Reimbursement j x ] Participation [ ] Approved Plat Name: Azali Estates Unit 3 Public Improvement Type: Approved Public Improvement Plans: Y [ ] IN [ ] Cost Estimate for Public Improvements: Ownership and authorized signatories to enter into the agreement: Contact Information Name: Mona Serna E-mail address: office@ataliving.com Phone Number: 361-994-2850 Preferred Method of Contact: Email [x ] Phone [ ] Other[ ] If other, provide detail: Company Name entering into the agreement: LSK Development Company Address: P.O. 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oil �� sWO HL Qm - A — _ � °sod _ l AN g �-0cs _��allo sndac.,� � ���� usrarro sndao� In / � lit! - 1110 % %�hgt 1 � H Ho . -1 HIM r I fa%ss3 ji Ow r �I ,ems r� , EXHIBIT 4 NIXON M.WELSH, P.E., R.P.L.S. BASS WELSH ENGINEERING 3054 S.Alameda St. Email: NixMW@aol.com TX Registration No. F-52 361 882-5521- FAX361 882-1265 Survey Registration No. 100027-00 P.O. Box 6397 Corpus Christi,TX 78466-6397 AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 12"GRID MAIN WATER ITEMS REIMBURSABLE BY CITY 1 12"PVC PIPE 1289 LF 66.00 85,074.00 2 12"CAP TAPPED FOR 2" 2 EA 1,500.00 3,000.00 3 12"TEE 6 EA 2,200.00 13,200.00 4 12"GATE VALVE W/BOX 8 EA 1,500.00 12,000.00 5 12"EL,ANY ANGLE 4 EA 2,000.00 8,000.00 6 6"GATE VALVE W/BOX 6 EA 800.00 4,800.00 SUBTOTAL $126,074.00 10%CONTINGINCIES $12,607.40 SUBTOTAL $138,681.40 7.5%ENGINEERING,SURVEYING,&TESTING $10,401.11 SUBTOTAL $149,082.51 LESS WATER LOT FEE -12,212.20 TOTAL AMOUNT REIMBURSABLE $136,870.31 Page 1 of 1 EXHIBIT 5 Exhibit 5 1 ' DISCLOSURE OF INTERESTS \ Development Services Department p p ent 2406 Leopard St.Corpus Christi,TX 78408 i Phone:361.826.3240 i platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: LSK Development LLC STREET: P.O. BOX 8155 CITY: Corpus Christi ZIP: 78468 FIRM is: ❑ Corporation ❑ Partnership ❑ Sole Owner ❑Association ❑ OtherLLC 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 ownershilp in the above named "firm". Name Job Title and City Department(if known) NA 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 NA 3. State the names of each "board member" of the City of Corpus � y p s Christi having an ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission, or Committee NA 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 NA CERTIFICATE (To Be Notarized) 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: �,1 Title: i�l'fSiG� (Print) Signature of Certifying Person: Date: I I S 1 �- Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $136,870.31 with LSK Development, LLC to construct a water arterial transmission grid main related to Azali Estates Unit 3 located north of Yorktown Boulevard and east of Azali Drive; and authorizing future transfer and appropriation of Water and Wastewater Trust Fund revenue up to $136,870.31 to reimburse the developer in accordance with the agreement. (District 5). City Council August 13, 2024 Location Map AN � r, R �r 0 100 300 F..1 Location Map CITY Azali Estates Unit 03 -' LIMITS Proposed WaW Improvement A9 iNunbar 151i9 DNB:b 24 OeperMenl N 0.uabpnwl5ervbs Total Reimbursement Estimate AZALI ESTATES UNIT 3 GRID MAIN WATER REIMBURSEMENT ESTIMATE 06/30/23 12"GRID MAIN WATER ITEMS REIMBURSABLE BY CITY ITEM DESCRIPTION QUANTITY UNIT UNIT PRICE AMOUNT 1 12"PVC PIPE 1289 LF $66.00 $85,074.00 2 12"CAP TAPPED FOR 2" 2 EA $1,500.00 $3,000.00 3 12"TEE 6 EA $2,200.00 $13,200.00 4 12"GATE VALVE W/BOX 8 EA $1,500.00 $12,000.00 5 12"EL,ANY ANGLE 4 EA $2,000.00 $8,000.00 6 6"GATE VALVE W/BOX 6 EA $800.00 $4,800.00 SUBTOTAL$126,074.00 10%CONTINGINCIES$12,607.40 SUBTOTAL$138,681.40 7.5%ENGINEERING,SURVEYING,&TESTING $10,401.11 SUBTOTAL$149,082.51 LESS WATER LOT FEE $12,212.20 TOTAL AMOUNT REIMBURSABLE $136,870.31 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. Approximate Limits of Azali Estates Unit 03 t= Kare ur Proposed 12" PVC Water Line 1 r , ' r 0 100 200 Feet l I I l l Location Map CPU�T'Y M Aza I i Estates Unit 03 I%TS Proposed Water Improvement Subject Property g N.T 5 The City of Corpus Christi makes no warranty,express or implied,including warranties of merchantability and Project Number: 15479 fitness for a particular purpose for the enclosed data.Use of the information is the sole responsibility of the user- The material comes from a variety of sources-We do not control or guarantee the accuracy,relevance, timeliness or completeness of any information. Date: 219/2024 tion. Mile we endeavor to provide timely and accurate information, we make no guarantees- Department of Development Services By use of this data user understands and agrees to information above. Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) so o AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 08/13/24 N�ORP00.p�g 1852 Second Reading Ordinance for 08/20/24 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Water Arterial Transmission & Grid Main Line Construction and Reimbursement Agreement with MTS, LLC for water improvements for Kaspian Subdivision CAPTION: Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1 ,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5). SUMMARY: MST, LLC is developing 19.49 acres of single-family residential homes with approximately 64 lots to be built and is requesting funds to construct the water distribution line improvements associated with the development. The estimated one-time reimbursable cost of the improvements is $1 ,245,538.00. BACKGROUND AND FINDINGS: The Developer, has requested reimbursement through a reimbursement agreement for the 19.49 acres subdivision named Kaspian Subdivision Unit 1 , located south of FM 43 and east of CR 43. The final plat was approved by the Planning Commission on December 13, 2023. The water improvements consist of 3,990 linear feet of 16" PVC pipe. The allowable reimbursement amount is $1 ,245,538.00. The term of the agreement is 24 months. The project is consistent with the City's Water Arterial Transmission & Grid Main Line Construction Standards. The project is eligible for reimbursement from the Water Arterial Transmission & Grid Main Line Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Kaspian Subdivision Unit 1 development. An alternative to utilizing trust funds to construct the water line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the water improvements is $1,245,538.00. Agreement requires authorizing appropriation and transferring of future revenue from Water and Wastewater lot and acreage fees and additional fee from Water and Wastewater Utilities fund as presented by the City Manager with the Proposed FY2025 budget up to $1,245,538.00 to reimburse the developer in accordance with the agreement. (District 5). FUNDING DETAIL: Fund: 4030 Water Arterial Transmission & Grid Main Trust Fund Organization/Activity: 21805 Water Arterial Transmission and Grid Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4030 Water Distribution Main Trust Fund Organization/Activity: 21806 Water Distribution Main Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21800 Sewer Trunk System Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers Fund: 4220 Sewer Trunk System Trust Fund Organization/Activity: 21801 Sewer Collection Line Trust Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement. (District 5). WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a preliminary plat, approved by the Planning Commission on December 13, 2023, to develop a tract of land, to wit: approximately 19.49 acres known Kaspian Subdivision Unit 1 located south of FM 43 and east of CR 43; WHEREAS, under the UDC, the Developer/Owner is responsible for the construction of the 16-inch Water Arterial Transmission & Grid Main ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement shall only be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the order of the reimbursement will be determined according to the date the construction and reimbursement agreement is approved by the City Council; and WHEREAS, If the developer is owed funds from the Water Arterial Transmission and Grid Main Trust Fund, reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement ("Agreement") with MST, LLC ("Developer") for the installation of Water Improvement, including all related appurtenances, for the development of Kaspian Subdivision Unit 1 , Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. The City Manager or designee is authorized to transfer future revenue of the Water Distribution Main Trust Fund, Wastewater Trunk System Trust Fund and Wastewater Collection Line Trust Fund to the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund, in accordance with the priority established by UDC 8.5.1.C.1.d, 8.5.1.C.2.d, 8.5.2.E.1.d, and 8.5.2.E.2.d, until $1,245,538.00 is appropriated in accordance with this ordinance. SECTION 4. The City Manager or designee is authorized to appropriate up to $1,245,538.00 from the No.4030-21805-777 Water Arterial Transmission & Grid Main Trust Fund as funds become available to reimburse the Developer for the water transmission line construction and improvements in accordance with the Agreement, this ordinance, and the UDC. SECTION 5. This ordinance takes effect upon passage. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary WATER ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Water Arterial Transmission and Grid Main Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and MST, LLC, ("Developer/Owner"), a Domestic Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on December 13, 2023 to develop a tract of land, to wit: approximately 19.49 acres known as Kaspian Subdivision located south of FM 43 and east of CR 43 as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Arterial Transmission and Grid main extension ("Water Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Water Improvements; WHEREAS, it is in the best interests of the City to have the Water Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.1.C. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when certain funds become fully available in the Arterial Transmission and Grid Main Line Trust Fund and are appropriated by the City Council; and WHEREAS, Developer/Owner has submitted an application for reimbursement of the costs of extending Water Improvements as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement. WHEREAS, the Water Arterial Transmission and Grid Main Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Water Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Water Arterial Transmission and Grid Main Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.1. C. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Water Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 1 of 12 judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Water Arterial Transmission and Grid Main Trust Fund was established by Ordinance No. 17092 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Water Arterial Transmission and Grid Main Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Water Arterial Transmission and Grid Main Trust Fund. The City is not liable for modification or termination of the Water Arterial Transmission and Grid Main Trust Fund. The Developer/Owner agrees that any modification or termination of the Water Arterial Transmission and Grid Main Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Water Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: Water Arterial Grid Main Construction Item Quantity Unit Unit Cost Item Cost 1 16"PVC water line 3,990.00 L.F. $190 $ 758,100 2 16"Bevelled gear valve&valve box 9.00 Ea. $20,500 $ 184,500 3 16" x 16" x 16"M.J.tee 5.00 L.F. $1,800 $ 9,000 4 16"x 16" Tapping sadple,valve,&valve 1.00 Ea. $22,000 $ 22,000 box 5 16"in line M.J. joint r;!straints 10.00 Ea. $500 $ 5,000 6 16"x 12" M.J. reducer 1.00 Ea. $1,200 $ 1,200 7 16"x 8" M.J. reducer 1.00 Ea. $800 $ 800 8 16"x 6" M.J. reducer 3 Ea. $800 $ 2,400 9 16"M.J.cap 1.00 Ea. $800 $ 800 10 12"M.J.valve 1.00 Ea. $2,400 $ 2,400 11 811 M.J.valve 1.00 Ea. $1,200 $ 1,200 12 6" M.J.valve 3.00 Ea. $1,000 $ 3,000 13 Fire h drant assembly 3.00 Ea. $6,500 $ 19,500 14 Trench protection 3,990.00 L.F. $3 $ 11,970 15 Stormwater Pollution Prevention 1.00 LS. $7,500 $ 7,500 Sub-Total Construction Costs $ 1,029,370 +PEE OF �F*�I r5�:••" 9sh1 .� Engineering 8% $ 82,350 .JUAN 666 PER LES,JR. 52 Construction Staking Supervision 2% $ 20,587 S SIB• G 10NAL TOTAL $ 1,132,307 jZoz3 Conti enc 10% $ 113,231 Total Construction Cost $ 1,245,538 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 2 of 12 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with City Water Distribution Standards and Standard Specifications. d. Before the Developer/Owner starts construction the plans and specifications must be approved by the City's Development Services Engineer. 3. REIMBURSEMENT a. The cost for the Water Improvements is $1,245,538.00 Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Water Improvements up to an amount not to exceed $1,245,538.00 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Water Arterial Transmission and Grid Main Trust Fund per the UDC, this agreement, and the appropriation of funds, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30-days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on form provided by the Development Services Department, 2. Contractor and professional services invoices detailing work performed, 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City at a time when there has been a partial completion and partial payment for the improvements, then the City shall only reimburse Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 3 of 12 accepted by the City up to the time that there is an uncured default by the Developer/Owner. 4. PAYMENTS, CREDITS AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Water Arterial Transmission and Grid Main Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.1. Pursuant UDC §8.5.1. C., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Water Arterial Transmission and Grid Main Trust Fund. Payments may be made when monies are available in and appropriated from the Water Arterial Transmission and Grid Main Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.1. C. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS Developer/Owner shall award a contract and complete the Water Improvements, under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. 6. NOTICES a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party in writing at the following address: 1. If to the Developer/Owner: MST, LLC 5626 Ocean Drive Corpus Christi, Texas 78412 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 4 of 12 b. Notice may be made by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. C. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION Developer/Owner shall construct the Water Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS Prior to the start of construction of the Water Improvements, Developer/Owner shall acquire and dedicate to the City the required additional utility easements "Easements", if necessary for the completion of the Water Improvements. If any of the property needed for the Easements is owned by a third party and Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES Developer/Owner shall pay to the City the required acreage fees and pro-rata fees as required by the UDC. 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS The parties shall act promptly and in good faith in performing their duties or obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 5 of 12 C. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Water Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Water Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in detail the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. C. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and cure period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this agreement and charge the cost of such performance to Developer/Owner. Developer/Owner shall pay to City the reasonable and necessary cost of the performance within 30 days from the date Developer/Owner receives notice of the cost of performance. In the event that Developer/Owner pays the City under the preceding sentence, and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 6 of 12 f. In the event of an uncured default by the City after the appropriate notice and cure period, the Developer/Owner has all its remedies at law or equity for such default. 14. FORCE MAJEURE a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemic; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed, but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Water Improvements contracts for testing services, and with the contractor for the construction of the Water Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1)the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WATER IMPROVEMENTS. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 7 of 12 Upon completion of the construction, dedication of Water Improvements will be subject to City inspection and approval 18. WARRANTY Developer/Owner shall fully warranty the workmanship of and function of the Water Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city water service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 8 of 12 This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTERESTS Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interests form attached hereto as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 9 of 12 contracts with cities. These interested parties include: (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.htm1. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/qovernment/city- secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE This Agreement shall be executed in one original, which shall be considered one instrument. *This Agreement becomes effective and is binding upon, and inures to the benefit of the City and Developer/Owner from and after the date that all original copies have been executed by all signatories. Remainder of page intentionally left blank; signature page to follow. Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of , 20_ ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form 1313 9.8.22 Page 11 of 12 DEVELOPER/OWNER: MST, LLC 5626 Ocean Drive Corpus Christi, Texas 78412 By: MST, LLC, a Texas Limited Liability Company, its general partner. George Mostaghasi, Managing Member STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by George Mostaghasi, Managing Member of MST, LLC, a Domestic Limited Liability Company on behalf of said company. Notary Public's Signature Standard Form Water Arterial Transmission and Grid Main Trust Fund Reimbursement Agreement Approved to legal form BB 9.8.22 Page 12 of 12 EXHIBIT 1 STATE OF TEXAS COUNTY OF NUECES Ante Df C.-Hy of Nye We,the Mostaghasi Investment Trust,hereby certify that w e th,o of the land embraced witM1in th,boundaries of the foregoing plats"'I"'To a Tien a Sands,Clerk of 11,County Court In red f„1111 County,d,M1ereby c,tify that th. In favor of SIR TO or Teas Bonk,LhEt—have survey and subdivided as shown', H 9oin9 y or a 20__,wilL Its Yicate o a foie Instrument datetl the tla verb forever; that easements as authenticatbn was sled tec„d In my office the- day of_ _ 20_ f At I—street sM1awn oe tletllcotetl to LM1e pubic use and dal recorded the _ If _____ 20_ _ sM1own are dedicated to the public use for the install atlon,operation and use of O'clock _ y day and that this map was made fof the purpose of description O'cock M�In sdid County ge a public utllltles', and Volume �Pa —_ _,Map Remrds dedication. Witness my hand and seal of the Caanly Court In antl far said County,of office In CH ', thie-__- day or-- ----_zo__. Chhstl,T_Ld the day and year last whiten. Na. Filed U.,Reed pe dSCo a SOa .eaanty H unty, aeTk ossein MOstaghasi,Trustee at O'cock M. Nueces Texas STATE OF TEXAS State ai COUNTY OF NUECES County of Nueoes nstrument w s k wledged b ore me by Hosslen Mostaghasl as Trustee I,F,etl C Hayyden,J a Reglsteretl Profasslonal L d SLrve`or for Hayden SLrveying,In At the Mostaghasid In vestment Truste Have p the foregoing IT n rvey LL he ground un r my and ITS b THE k owledge,In�otmatlon.a belief:dl U-S b engaged all L d Block c shown M1ereo�a replete such under contract to set of an ,,nets as Ind I,a,I this day of 20 Q' operations wM1M1 due and reasonable diligence--t-SM sound professional practice. Z - Fm-n2 ZIT 7M1s Ne _ANY of 20 N °o J Notary pamie Iri and for me state or -cps Taxos Lcensa No.44A6 STATE OF TEXAS COUNTY OF NUECES SITE ° We.Spirit of 7....Bank Hereby c Ulyy that w 9 11 TOTAL PLITTEO A r a F I r n LM1e holders o a Llen on the land e ..d SHUT,tI, )A s/e"DIAMETER STEEL REBAR AlW FODNII Af E°ERY c0RNER E%cEIY AS'PE, FTIl boundaries of IT,foregoing map and that SA approve - th,subdivision and dedication for th,purposes and D)PEI�FLaao imsuaafeE RATE MAP.MAP SUNDER 1111 as20c.PR conslderaLI...therein e.p,,,,,d. BY: a)EAL PROPOSED'INISUEDRFL00R EL`..NI wlLL OF A MINIMUM OF UVE THE VICINITY MAP NOT To SCALE PIFT-Ell bl 1111CHIS1L.D FLIABILDINA ISHI A TITLE: - s)THE NT'THE THE ILAI IE1 THE AIUAT11 LIFE III FIX THE III IAI STATE of TEXAS PLAT of T R WATER,.AND HAD CATENIPRED THE REIEIXND OATERE AS COUNTY OF NUECES T T T This 9nal plat If the herein described o erty w T approved by the KASPIAN SUBDIVISION-UNIT 1 ;DTM Depordnent of Development Services EX p the Qty of Corpus Chhsli, 0 AL2DEAR 'IARE YA LA AIND DEAERINCS BASEDAR eANIT,D In T F TM Texae. LEGAL DESCRIPTION: FALL CODRONATE SSd EM oR E This tree___—_ y Dr 20_-. BEING A TOTAL OF 19.491 ACRE TRACT OUT OF A CALLED PITENIII r soDTR zDNE NAD e3(COBS se)EPDw zoll ALL DisrANCEs suawN ARE suRFACE 99,517 ACRE TRACT OF LAND BEING OUT OF A 284,6048 ACRE 1)S111ARD ISSUREMENT As F INH ED DEVELo MENT TRACT OF LAND, MORE OR LESS, COMPRISING THE SOUTH I.DE AND IS T TO R THEIF ANDE Br A Wh,t e,RE,X,Jft,OPA, ONE—HALF OF SECTION NO, SIX (6) OF THE LAURELES FARM s)P AIII DII—Ar Amass ALONe coaNTI RDADMHE Is PISHIDITED. Develop U Services Engineer TRACTS, AS SURVEYED BY FRENCH AND HABERER SURVEYORS, HD CCDNTI RDAD As MUST IF DUILT To A MINIMUM of A IA-FT PAVEMENT AND BEING OUT OF A LARGER GRANT OF LAND KNOWN AS"EL RINCON DE CORPUS CHRISTI GRANT", AS SHOWN BY MAP OF 11'NIL'LIT DUN I,RDAD as MAT DE DUILT To THE REDUIRED SAID SUBDIVISION OF RECORD IN VOLUME 3, PAGE 15 OF THE UP STAN MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 284,6048 ACRE 11)AS IF SUSECT PRAPERTI IS SSND SERVED 1A A HIT STATION, STATE OF TEXAS TRACT ALSO BEING NNEC COUNTY OF NUECES DESCRIBED IN THE SPECIAL WARRANTY DEED WITH VENDOR'S LIEN CONVEYING PROPERTY FROM TO C, PEw.nANENr wnsTEwATER IMPRovEMENrs Tree tonal plat or Hne nereln de erty w behalr TISDALE, III AND WIFE, VERONICA DAWN TISD ALE. TO JOHN C. RAVE BEEN roNSTRUcrED_ prop as approved on of the CITY IF corpus Ch-tl,Teas by the Planning Commisel,n. TAMES AS RECORDED UNDER DOCUMENT NO. 2002021903 OF It,the_ _da y If--__—-___20 THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 99.517 ACRE TRACT ALSO BEING DESCRIBED IN THE WARRANTY DEED WITH VENDOR'S LEIN CONVEYING PROPERTY _- - - - Michael M.Miller -- FROM JOHN C, TAMES TO THE M OSTACHASI IN VESTMENT TRUST Ch.,­ AS RECORDED UNDER DOCUMENT NO. 2021 022985 OF THE � GVlICYI -- OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS. Approved by the Planning Commission AT Rayl^a d III aA on December 13,2023 Seaaaryn SuJveying,Ine. 5866 S.STAPLES,SUITE 3J5 CORPUS CHR ISTI,TEXAS 78413 PHA 361-T28-7188 I�I GAYLE SPECK N Y,SECTION 6 LAURELES FARM TRACT N Q DOC.: 2001 D33299 WEBER GREENE,LTD. N Frtia3 n�, O.P.R.N.CT. DOC: 2DD4004195 N h secnoN s a.P.R.N.c T, -- — LAURELES FARM TRACT _.....�..��---...... ..........A....__—....._,_-......__,......_,_,.. 5 N89'11'46"E 570.00' z,C l Fl n[RIVER D— RAV e� e rvaz,�'ac'[ W rr,,�� ---§.�- ----- ---- ---- ---- ---- --arvry ITE e �Y �� e _ �yP zs GRAPHIC SCALE ECT, 5 ' v.N8 E scale. , - ,00 ree, 1 a. o _ —11 AC— — rvry �E� s s VICINITY MAP NOT TO SCALE -�5 n"tee' FTNAL PLAT of -- - a°�"W AS - I',� m Ns9'1 r4R"e KASPTAN SUBDiVTSTON-UNTT 1 0 oo' p OaoRE'oR`aE 7RAC o�y �" lF.LP'lNIN`TUlE'l'�71TH ONE ="1�OFTIE LANI�%EEINA � a w.„ a �` 1z1a214res aF.„E aFF1A1 Pare«REreaRare TRUEreEre coamw.TEA m ,carve J A TR AI -__ -- - a- - ��Q k3vw g C4B a s c a E eT i' o S89'11'46"W FT 50,00 - „I, R�� CT431 ¢' Al a ,� c7s Ts zo'z3 -- s2'I9 4a" _ S W w 10.00' 10 a N �zsb zoo zry zsa m � erg G `ry'd --- w` , N Y SECTION T LAURELES FARM TRACT YVeyIY7g ME p JOHN C.TAMEZ DOC.:200202/903 5866 S.STAPLES,SUITE 315 O.P.A N.C7 CORPUS CHIPISTI,TEXAS 78413 PH.361-728-T188 EXHIBIT 2 Reimbursement Agreement Application A Development Services Department Submit the Application to: contractsandagreements()cctexas.com Mail to:City of Corpus Christi Development Services 2406 Leopard St.Suite 100 Corpus Christi,Texas 78408 Date: Dec. 12, 2023 Approved Plat Name: Kaspian Subdivision Unit 1 Type of Public Improvements: Water distribution system Ownership and authorized signatories to enter into the agreement: Hossein Mostaghasi, MST, LLC on behalf of the Mostaghasi Investment Trust Requested duration of agreement: 36 Months Point of Contact Information: Contact Name: Hossein Mostaghasi Managing Member & Senior Trust Officer Contact Number: (361)765-4422 Name of Company Entering into the agreement (L.L.C.; L.P., Inc.): MST, LLC Address: 5626 Ocean Drive City: Corpus Christi State: TX ZIP: 78412 Phone Number: (361 )765-4422 The items listed below are required before an application can be processed: 1) x❑ Application for reimbursement per UDC Section 8.5.1 or 8.5.2 2) Q $535.00 application fee for new agreements and addendums 3) x Planning Commission approved plat (Final or Master Preliminary) 4) x Cost estimate for project from a registered engineer 5) x Public improvement plans or design memorandum 6) x Warrantee Deed for the property associated with the project 7) x Disclosure of Interest Form 8) x Form 1295, a W-9 Form, and a Corporate Resolution r Managing Member & Senior Trust Officer Applic na is Signature Title City of Corpus Christi I Form No: DSD-3016 Rev. 3.31.2020 Page 1 of 2 EXHIBIT 3 DRAWING INDEXX es s 1 IT 3 p PUBLIC IMPROVEMENT PLANS 3A 3 forOD, COUNTY ROAD 43-IMPROVEMENT `Ty EIDE I - KAS P I A N SUBDIVISION — UNIT 1 RTEPNARAN �R STA 110lo'SI TO STASTA 5410 CORPUS CHRISTI , TEXAS ++ �4M IMUNTP RDAD 4� sTA RTA 61+41 TA + ,+ ;. ALL ITA oENEM�DIN N�1Rw �+ ': F °TT RoA°A3 SITA TA E4+Eo To STA<o+oo a �3z�a CITA —1"11��A� = �R E STA + w o N.L ISLIP E o,�.w4=1-1�w�R IN"I-1­oPo W DTTLE 11111 oD��NENrs`SEN O+TO.A11a E o1�TT WUNIT TRo� To T + CANOPaE�REDE W w w + INUAN I PE-LE "A N�N�A,-+O=T BE �PAc.,��+a �N=��C'o �._ 11, w w W IEreT9�,�ST + + a w.W. LE(cre 411 S + + cT mRaus NZI". %IT'IkrgnoN auN 5 s2_ ROAD 40 w.w. PROFILE TUTA 9TI 60. + DEVELOPER INFORMATION + + 11, c v w.www. PROFILE + + TO AR THE MOSTAGHASI INVESTMENT TRUST v ww, ae + + 5828 OCEAN DRIVE 1, c c ww. PROFILEreoe +a TO sTA.I4+1 CORPUS CHRISTI,TX. 78412 + L. 11, IAIPIAI SEA ROAD N wwww. 1.1 + +' c6 0 AT LE KIIUW Whd�S l)EIOW. POLLUTIONRPREVENTION PLAN PPROFILE STA.0+00 TO STA,4+80 N ^] v CALL hdure you dig. - c ow,u ION PREVENTION DETI"I CALL BEFORE YOU DIG! -MM'IMF MANNA.IEMEHT PAI" w 10 VICINITY MAP sTORMw TIN ' s46, DIG TESS au_ _ �1,800, 44.8377 ° m m VEFIZON DIG ALERT IT C R.9S& CTRIS R ER G.INTER ECT DETAIL i.8AA.483.6ZT9 CITY OF CORP—55 ADD O RAMP DETAILS V S STANDARD DETAIAIL SHEETS: 0- THE LONE STAR -aATCWA w E NOTIFICATION COMPANY I.8A0.61-144 - LEGEND ABBREVIATIONS CONSTRUCTION NOTES. E4 I ELTIEIIP—PP�E I' 'll`IEI IZEII 1. E EE"'�l BE numrto—oll mr ore l- 5 E o 1— IE I—L IE_IHI —11— N Z.1—1 ILrve uwucr 'ElIll 1111E, IE- 011-1 EL11111 F"" arercere ­lEEP'L—1111"Ell R 2 T L E" E, y �L,21%`,` � O�Ej—"Ell CEO eoP�E �D�E 0 N 1���T VZ�CEM 21'171 EA"ll' I E I I �B�E Illo— I—L aE 111-11 I —E TMr 111111 IE 1—�l M1'12 ML"1 I'Ml='IML'�7ZPIVI'l �I`�I` �re !D Z�PTI`��I�EL�`. 11 11—91 11-T11 10 nE 1111-11 —l—L IEP— �E—E 1 1---o XcuasP�P�E­IZIFI ZEH%�%�'l —1-1 11 -1 TL EL Eorca V IF E II�aory E 11 EL N,Ems,I D� IE-1 1-11 P0110— DET—,l I CITY STANDARD SPECIFICATIONS eE E 1-1 5 E� ILCNEKnE E 11 DEM�E�"=�E�,54�LE�E.�, 151 OMEI-E ­DE­ �l 8E rare wren P-11—01 E vnrcrexv "MoT�ZD�na ,"nE.� X MX' 7 3 MM� ­�T"5161 I.H%I�.E 6 3.,=W14 BE 1-55—E—E I—D 11--41IT&I�E5 Ep E IE-11111-EL 11 IE 11 11PEC ­ZVV`N­IMEZ DEP DE I.E 'ED E_ '_E_ 0MUE E.P"� wEren �WM %MMEl�Cl&— —1 1-11—D --------------------- (RELEASM FOR C—U-ON EZP�"EVSOIZ—�ET�,E��ZIHZ�E 11 �1—'"ILL 91 —E`ME 111——11 I—E—D 11,1-1—H-111—11 N � El IE LOCATION MAP scnLE:N.T.I. 0� _-- f s .Y F 4 I 5 " Y h •.li �s I I. I 14 0� c w I I a I W Bi co 43 W LOCALiON MAP z w � WE of z — wW NT 1PI—11 o�>N RLINI a. oN 1s�N<anaooNa w„1 111�,1 o�roaP�s�xR�s,1 a INI LINI "„o�NoaP�11-71 a�.�w<,�a N�.�P,aN NS Ares IN A�ROANa�.� 0Nws.oR III K1P.AN s0-11s1IN ,�E aPPreoN�Pre��N�Nare,P�>. s9 INa-ID—1711 aPPR1171 PreILININare,I�47.ore L IN N�P,aN — No IONITI1171IN 1s 11110——roN 11—No A1— MR U =ate m � m a GAYLE SPECK DOC,: 2001033299 - -- -- O.P.R.N.C.T, - N %z SECTION 5 LOCATION MAP LAURELES FARM TRACT �. — �— — - -- -- - __ — _ u z I a a * II o ' ` F — W z — — — -- — — — — — — — :oo — — — — — — Sao a *= ti 41 KASPIAN SUBDIVISION �zo COUNTY ROAD 43-IMPROVEMENT J.Perales civil Engineering and parning Services TIME I OFFSITE 16"WATER GRID MAIN EXTENSION s 3B of 68*�� a 3 _ SITE SITE WATER MAP GAS MAP F � z � o �F c/1 o s 6 w� N ® N o I SITE SITE m a WASTEWATER MAP STORM MAP eF 7 No E LOCATION MAP tia,TO SCALE Z _p 'S Ei, 41 oa 1r.CHAE FASELER DOC P.R.001 C: 2002008129 0N N R SECTI 0 p R N CJ .,.,�AIRELES FAR CT Y2 SE 16N 1 ��S FARM TRACT 1—i- -Li F ---------—-------- ................ c-R -TS Al ME A" e;5 F rX i F tS . I A,X W, T11 ------------ --- -- - -- ------ ....... ----------- 'I'NA 11S -.A.. TI T IT 1 2 UNIT 1 - TEMPORARY OFF SITE DRAINAGE DETENTION DITCH PLAN & PROFILES n s HORZ. 100, 1"LIJIL'11"F'�2 B VERT.11 100, —E� T p IN I —A p B—————— —— ———— f 11—INT ————————————————————————————————————————————— — 32 NEg" FL 1 raw�1�1— FL` ———————————— wz F 1— ND III I—T INI IF _EN, Ir ca o 2 WEBER GREENE, ETD, HTozwz Woo +� "�"' � DGG.v 2004004195 O o U NOT S� } 6�i N N O Y a 0 M O N o w w 00' w> [Oro NII UO� �cO 11 SEE ESHE SHEET 52 M LL N m J N MEN U W Q FDR CR 3/ARANSAS RIVER Q N w P T!n O N jl II II OR.INTERSECTION DETAIL Q II Q Q I O W G. .R.N..G. . n wQ+w II�O Ji Ii I�� fn U'r I c9z�LJi fn�KI1 Z fn C9 cT r a-�P1L30'ZQ w� o Qfn w 11 fn w Q U `° _ o } STA. 1+47 _ 0 2° F ' 0.667 t- yARANSAS RIVER DR. m o.so� w �� Q e o FUTURE 75.0'R.O.W. 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Z CO O N N Q + r O 3 19 N Q I� N N�I J O � W III / — ` \ �� II z0 VI +O -IIOLLI II d } m F Q QI r U' o'J Q -V'V' V w, d 0- _ -------------- A STA�4+703 � w alma a - � a C i � +°� d 6 wL� 3C 24.8 s r_ 34 LF 18 RCP 9s RCP Rq9 V>+ aim 7 -- °" STEPH CIRCLE Tc 2s. a 0,379_ c o a39 s oPe @ o oa9 s oPe o.30� _ 4 09 0 t —� _— —_—t _— <o I ao 0.309 a+�a rooms ,.cam., C W i o0 7.5 �� n+pa 50.0'R O R. z+aa 0.309 s+ao' 60 m { N ��4 TC 24.84 1 r � � R O LL _—__—- -�—L --_- - _ g 3 74� l2 ATA5C°" � g 25' YR o O z 6 R°A-1=zo of 6 15 4 QiUJw Imo T1 ��ouuu CJ O j F E- - 0 28 ry — F t _ o z o �^ - N o n< III ry VORI l n ry F ry r m of rv� o �o a^ o + ✓�� o �n o n a �y y~ m HORIZ 26 ,� — m ry � � � ° o ------------ 24 26 'ew 44 � 18 d3 �e@m� 87 16FT _ — md m u eo rox�coxs�mue�wx � 12 w a oaoo 1�00 2,00 3,00 4TOO 5�00 <a 5 o o 083 j + �,1 1 o ego ego 0 5169R M + hp Qm IIm o �`o�Ji �u�rn II Ji Ji J cJ ° u�iCO dm �ro�o ";zs`"co`sn�Rv�R wQ519 STA. 4+39�c �« N - 447 o TC 26,8 TC 26.9 %__ ®o w _ s sioewn�K 7.5 w r aoN ss�szoPe o� TC 28 90 0.97% - z3 w s Rca _ TA°5+30J o �� TV w 3 N 0 RASPTAN SEA ROAD 4 0.439 SLOP -i aT�F is' RCP c o.209 ,� —1— TC 26 83 _ ,r STA. 0+65 -' _ a+is alvc— "� s�A zoo" az w� 0 � o,a3G szoPc � z RCP®o"iaG 0� s+o z+ss Pc® EOUA7ION 51ATION q SLOPE"R 3% STA + 18 LF 18 STA 0+65 0 519 c�n�nN 4+a 07%9 wU— 0, scos e o K T s SIDEWALK - DD 0 r9 0 00 0 r ran TC 26.8 F - c4 n �000 �� e- o' 'io o ii u u c+o oNo Q m i "+'m N se..r F n9 R giro ii co"roro �,ai g��=� ri�urz 5 y o z��� �2 3 �� z -® + z Q m a 20 - - N W 'J rc m �v >r F N w n o � ry 0 o> m n - + o r 8 HOST. z z E Q= xoRtZ. 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TC 28.76 E 18" FL=2�.79 - - - - - - -N - a=1e,a - - F�25 - - - - - 0' IL IAI F -PROP sb a �a ,EOPl° sr 0 0 .ww ,k + OOs ¢4.1+ _ x zRs� o I4_2+0'a0 6R_% R- = 1 _ZaS 43411- - - 44-+00_ 4++ — P Y � -aE i 13 LF 24'RCP �S SC-OP �n_E_RSTP)^o _ Q-TH J pF O.P, � 030M 4 F 18"AP, PROP, 0,387 RCP 00.25%SLOPE - '— ld C � j C 9 -----------��as-------------FG-�iJis BEG N2876�9835 ,5 i0'SHARED PATHWAY 29Y8 rTITA217,8035 a 29,9 ` ,S i 9 ------------ -------------z,_______FG- 9 it�e-3 Q, G SECTION v i� �'i HGL 5-25,15 ',� 18" F-21,84 ��_ scAl 1"-20 0T E- 30 _ ORIZ.'1"20' O 60 O rti � O j F F F O _—_— a w a a r� N.G ____ ____-- --- --- --- --- --- --- --- --- -N.G. --- --_ - - --- - - - 26 — - - - - - wSL _ _ ___ __ ___ __ ___ ___ ___ ___ ___ ___ ___ __ ___ 4 -- --- --- --- -- --- --- --- --- --- -- -------- ----------- 2 0 20 0 � � m 18 16 -> w @-- 14 U cw. �u RELEASED® 12 40"00 41"00 42"00 43"00 44"00 45"00 W C.R°R T STA. 49+33 RIM=26.80 �' CI-A4 STUB RCP HGL 100-2 5 W STC=27.00 ILU24, T —HGL 100=25.13 -- -- r" Y2 SEC �`.rJ R S HE 5-24.20 FL=24.50'. W 30" FL=19.98 F, Y) III 30" FL=20.03 S 30" FL=19-98 W q L A W R E L N 42" FL-18.96 W ES FARM TRACT x 24" FL=24.00 � E 18" FL 20.98 - z,.ao 'lb' WL zs.zo - - - a-zs.a -- - - C, `EDGE OF PAVEMENT 46+p0 - 29 309 13 LF 30 RCP CL 27 - + z o.a a TC 28.98�aT+ooO ae+oa 0 °a9+o 0 50a00 _ev 0r ;e 51+0o CL=2129 - 3 Q, 596 LF 30" CP @ 0.12%SL @ 0.2 _ -k -- - N — R49) STA. 4L4 7 CArE E7,�LY DR SCR 43 R1 -- E� — -6TNEFs TT,p — —- —Z-- �—- - L=27.00 —-`F—s - a ------- ON y �Tfl 49-+36-, ,�< --- -- - --- STA 46+28 -- - -- N cl a ^' - -- 49 86 PVC - W TC 28-9 �\ N /� _ TC 28.9 �" o _ 0 1.037 2a LF 1a RCP c� 2a.e EocE of Pav d' - ®0.259 SLOP J� 8 T 29.00O A O/ e- w a 10'SHARED PATH WA �� �150 LF 1 PP �< END OF CURB GUTT �-+ 30 0 �1, 1 � TC 29.OZasaosn S-oa.5z FG 29.6 5 STA, 49+33 G 29.2 STA.50 Ull z- -- --- m - sw[tx��T-0v s ----�� - --- CI A3__ - -8__ _ - _- - - - -__3.3 GRATED E� i oE' i� m TC 27.00 TOP ELEA 25.E x, of HGL 5-23.95 FL ELEV=22.o0 d 18' FL=21.08 (N&w) ' sense:i"=zo' a' + F 30 o ERT.1.2. — — __ ORIZ.1-20 28 ' 'T ICJ W a n � F z - a 26 N - --- --- --- --- --- ----------------— - 24 x .__ --- --------- ------------------- 22 -------- - t PROPosEo;so aaF,��`Rs,- oas>.ss Ps + Q 28 z ��«a 6 W IE 12 11131 z11EEL NNEs T a ALL= 14 v 12 a a101m � - a 46,00 47,00 48,66 49,66 56,66 51,00 L/ URELL IT w a DR w EA 27_8N o F -- -- - -- -- -- ie wR- - �� cw+ DGE OF PAVEMENT 2s as o - _,EDGE CL=2Ra0 a EDVE of vnvEnEN� w 42 RCP o — z �L= 46 �®0.12%SLOP 5�_ 0 6+D0 — CR 4EN 055+00 Uj -PI r ED Ea OF P VEMENT .._0 J 1= 2I RT" 3 w EMENT o — — e4 OTHERS(TIP) oss FL=25.26 15 WW LINE _ —FL 25.38 FL-2550 0 oq2 F, CIE 43 STA, 53+87 ,�...,,, C BEGIN ARANSAS RIVER DR. w U �22880 �o -ib SHAPED PATHWAY p OU B&GUTTER STA, 3 as Q7FCAn ,5� FG 284 �� vi n - _ U a RIM-2 S N A tiTV RIM-27.76 z' ------- N DHGL 5=22,65DHGL 100-24,09 S 42" FL=18.50 c0 � NOTE SCAlD- SEE SHEET 52 FOR CR 43 / ARANSAS RIVER DR. INTERSECTION DETAILS z 28 - 1 11 11 Do— l-20 E+ w min ii U 26 --- - --- ---N� c 24 - ------ - w x w --- ---- ----- -------- 22 EE-----------------------==- - ----- -= --- ----- -- - --- o TP 26 =IEl III IF] 18 10 E w z - 16 w w > 4 w ore_- U cw'a =a - 72 - � U o� 52�5151 53a55 a54,00 MATCH LINE STA.2+82(BARKLEY CIRCLE)SHEET 22 MATCH LINE STA.2+88(HARDIN CIRCLE)SHEET 21 MATCH LINE STA.5+90(KASPIAN SEA RD)SHEET 8 ti�i n rn SCALE:1"-20' x= STA. +47 N STAR 4+62 + - CI-B5 AN 2 0' CI-B2 -s � ID � � � 61 LF 4" RCP 4 0.16 SLOP " �' TC=26.05 C,J STA. 3+67 ly+ TC=26.10 u� >ta HGL 5-25.80 CI B4 HGL 5=25.15 S 24 FL-19.93 TC 26.05 =3 a,T' 8 FL 2023 R,1 w E24 FL %� Ol HCL�2s.35� �� 1 w x -- — -- -- 3 Q(FG s' F� a ®1� -2��� en - A R,1Ea� A +d9 4 oCE� R Cl 7+s 'AS STA. 3�44 00�'13 LF 24 RCP®038%o LTC 26,42 m 13 LF 18' R @ 0 Z99�9 w 3 LF 18 RCP �ID06 0�58%ATAtiCasA RIB' R DF CI B1 1TJ nrevEe 0.307 �0225 LF a2' RCP @ w o,77q SLOPE AT1 13 LF 18"RCP .30% £0 0.089 SLOPE 87 LF 48 RCP 160 LF 48 RCP 7 o o 1 00 ! 2+DO ~ m3+00 +DON 5+00 6 G E HGL 5 6.00 p0� @ o.7T� TC 26,42 @ o.oa%SLOPE w 0.349 @ o.oeG SLOPE �°sBa - e w 24" FLf20.03 - m - +' 0 - --�5��k-�P t - €f-- -- - - - - - ��� - -- STA. 3+74 STA.3+82 STA. 4+62 STA. 6+08 STA. 1+47 STA, 1+47 CI-B6 o H_B9 MH B2 MH-B3 MN-B6 o uI CI-B3 _L211tiL=2.5.88 TC=26,04 T2WL=_C5.93 RIM_2� �¢ m TRIM=25.88 TC=26.05 25' YR HGL 5-2520 Pa 5= 30- HGL 5=25.00 HGL 5-24.75 o n HGL 5=25.40 HGL 5=25,50 `= HGL 100-26,30 18 FL=20.30 HGL 100=25.97 HGL 100-25,67 ISTA. m'+ HGL 100=26.45 18' FL=20Q48 W 18" FL=20.20 W 18" FL-20,13 N 48" FL=17.50' + i18' FL=20.38 5 48" FL=17.50 TC 26 4 04" FL=19.88 ( E 18" FL-20 2O S 48" FL-17.63 E 48" FL=19,50 E, 2" FL-18,38 o 27.8 S 42' FL-18.20 N 48" FL=t7.63_ _ + z MATCH LINE STA.4179(END OF C&.G STREET) MATCH LINE STA.6192(EASPIAN SEA RD) W E^ O 38 RT 0 a q 28 -- m o U O o 'o� nm Inn n ao no m ry n I �N+ 26 n mQ i+ ry m __ un♦mbcu. — o h m� m _ ____ � C 24 �A.w N E zz 20 01 8 Q E- - 8 z a �7_ 'a u� 4 a F L)cp Eoo 1�00 2,00 3,00 4�66 5�00 6166 MATCH LINE STA,9+08 KASPIAN SEA RD SHEET B MATCH WNE STA.5+00(CURRY CIRCLE)SHEET 20 MATCH LINE STA.5+00((SSfEPH CIRCLE)SHEET] Cl- 15 s N HGL 5=24.65 "i m w 1i STA. 8+50 N 1i CiJ STA. 10+74 SV1 �,0.1.0� TC 4,50 0� + c �� 18' FL=19 98 + CI-B12 1 CI B14 w^��O w HGL 5=24.05 6 nry� TC 2450 _ 3n c�i� 0 o �J Tc=24 s8 �� c� 18" FL=19.72 T �F - � y / 5 }"HGL s 243s / 0�- = EouA ION STATION 4 -- a'_t 9 9� - - -- - �l HGL 5 24.15 `v m '� �8"FL�9 72� H a a - FO 27�� �� o .. - ---- --- , o� V� - F�26,7 /o 1Ecl1 ATASOSA 11+22 R STA 3+75 E I -2537 13 LF 18" cP +85 LF so"RCP-1a LF 1e"RCP C o 0.30% a5 LF 60"RCP MH-�10 oa TC 26.6 TC 25.08 ry 0771. U 08%SLOPE 0.719 SLOPE ATASCOSA RiVEF 7]F. --y229 LF 60'RCP 0 0.08% LOPE RIM=2450 � 145 LF 48"RCP 00 o S+00 S+03 PTVC 14 LF 18"RCP®g+oo SO.U'F.O.W. 10+00 00.08%SLOPE II o ®� HGL 5=23.75 U] Lam@ 0.08%SLOPE -1,239 0,3 y Cl.2a.88 TC 25 0 12 LF 18 RCP 3 Ao _ 0.71%SLOP -0.30% .� HGL �00=24.17 -- 839�oPEoW W 18' FL-1 9.62 a NI of SI O- --MTA,B7+55 I RCP SI AB�+7 CI B18+36 ST B8+43- - I�- _-MR &84 STA. 10 7� 20 FL-15.011 + _ MIL 20 LF '> E 7 , RIM 24-5�_C509 C�-l4-B TC 24.611 RIM 2456 HGL 5 23.95 CI-B16 8�1 va 40 LP 72'RCP PAST TC=245 1_ 1 END NF PAVEMENT w, HGL 5=24.45 ;��� HGL 5-24.25 HG 5=24.15 1 1 GHL 100-24.50 b a 'z HGL 100-25,To HGL L-1998 18" FL=19.91 HG 100=24.90 1 1 18" FL=19.98 1 1 N 60" FL=16.12 HGL 5= 4.05 ? FL-5,0 _ S 48" FL=17.38 N 0" FL=16.31 18" FIT 9.72 1i W-E 18" FL=19. 8 S 60" FL=16.31 1 1 S 60 FL=16,12 a �� �� 1 FL-1 oo c� 1 1 W 18" FL=19,62 STA 6+30 N 60" FL=16,38 W 1 FL=19 81 1 1 1 Z .O 2 CI-B10 1 E 18 FL=19.62 N (S � E 1 FL=1J.'81 1iX 1 _ TEMPORARY O 1HGL 25=29.05 FG 26 1 sees eoR 1 1TURNAROUND O n 1 Y A SEPARATE O 18" FL=20.30 sTORMwnaeRO ouTTALL n ] A, 1 MENT +°' �' C+OUTFALL sc - o ry m F +ry + O 11 11 1 1 F -3B 1 o h �28 VERT.1"2' z O O a y J HORIZ.1'-20' co z E- c ri - c�T 26cv m AS m m Q 1 i F11 --Ivy -- AS --- =- - - 22- = - Cl. --- ---- - ---- _-= ----- --- - - -N[ --- - -- -_ - 28LF U4-PE _a - m s 18w v o�m a °LL v 6z a 21 w o _-- L) md_ - 4 - ee FOR coxs--m�uenox INI a - - - vc u - - _ - - - - - ro 7�00 2�00 9aoo I M0 11Too 12F001 Ilk I N % SECTION 5 ° UREEES FARM TRACT w F w w wE- - — -- -- - ---- - - - - RE �EME��INSTRO — — — — — — — — — — — — — — — — — — — — — Pp ENT— — — s � _ O __GN Ao C]R 4_3 _ ___ _ _ _ _ _ _ _ O� 3 +CR 43 - -�- o55+pp F o 56+00 ST+pD 58+00 95+00 C p vEMENT z �. m timv y C1.DITCH IT 11-11T - --ExS R.O.W- __ - __— - - __ El Al z43 Si A. 53+87 w NSAS RIVER DR. � 1+10 T z-27,76 0 , 5=22,65 w �- 100=24.09 .,.,,.®.m.,� 2" FL 09 NOTE: SEE SNEET 52 OF 52 � a FOR CR 43E ARANSAS RIVER 5 CTION DETAIL SAD, 1—20 O O fX O j F F� — E z co a y + o o c 30DO c c a 28 HORIZ,1-20'N X 26 — — — U1 — ---- .v m a. W 41 `o ---------- ---- ------ - - --- ---- ----- y �e C.5. w» m w V] W U !8 zL z -- U and=m 16 �a,y 4 a 55�66 56,00 57T88 58T88 59�66 ao 4 w w w Ilk 3 + CR 4 3 - - -o+oo -—- - - si+oo—- -S�- 0 5z+oo - - - - 53+00 6a+oo E- — — — — — — — — — — — — �` — -- - - -- -- -- --- EDGE-DF eemerIENT� ca -- -- -- --- - -- --- — — — — — — — - exs..R o.w. a m z o + F. � z r� co p = c n � z E- o scn-1"=zo' ¢ cap 0 z c a y 28 26 — w 24 - - ---------- ---- --- ---------- ---- 22 + --- ---- m ---- --- ---- --- 2� ---- ---- F - - e -> ---- ---------- 0 0_�s�w.,A��tiE - � '� - - _ - - - @"L - --� ---------- ---- a ll 16 6M6 61�66 62,00 63*66 64,00 � 3 � o W W - W 16" WL Ewsr.a.a.w. � - -- -- O 3 u C R 43 + ss+oo ss+oo o s>+oo e3,00 69+oo — — — — — — — — �� — — — — — —EDGE of PAYEMELLT --- -- LIST + F o> z o � o rx o �F F - F o � 38 a U e VERT.1"=2' F' C 28 26 F F W W 24 — a o ---------- ------ --- ---- E, 26 a-- ---- - - -- c = z s m M^ n ---- ---------- -- E- m oP,s w ea„E o W�-- ---- ---- ----- I - - 8 --.I - - ----- WF w_ -F- _C516 su_- 65,00 66,00 67�616 6M61 69,00 Ilk w Ds.�z- _ ._ _ - - -- -- --- - - - - - - - -6 - -w - cl- - _�_ - 10+DD 7 71+00 m2+00 0 73+00 74+OD -EDGE OE-PAYEMENLT 'z m Exsr aow .za RCP 'S EACH END " 2 6 yll x iiij � U 6 z � z c SCALE:1-20' Q z � o 0 0 0 z 3B U c c a �. HER.1;=2' � X 28 m 26 w 24 - v -- ---- -- -- ----22 - - -- o m + m Ds —uo L26 � -- ---�-- ------ --- -- - ------1- ------ LLw�� ---------- ---- --- - Vsm F-. P a- vz ................... --- ----- - ---------- ---- ----- ------ - 0 w- -- --------- --------- p p z -E U cw�� - 16 z 70,00 71,00 72�00 73�410 74,00 �p a 4 w w Ilk I w W 16" WL 16" WL � -- -- 3« -----gym-- -- -- -e -- -- -- -- -- ---- --�--- o z + WL + 3 � 75+pp 6+00 77+00� i 0 �' 79+Op � - - _EDGE 0F PAVEMENT Ell-R.. U F 41 � m 6 + F c o� z� 6 o scnl.e.1-zo 0 zoo a y 36 VERT,1-2' U C 28 E F 26 .'C i u 24 0 - - — --..._.--- - -- -- ---------- --- ---- - --- 22 _ - - - -- c -- - - - - - C > T __ r W __ __-_ __-__- ry �LL- o W z a _ W -- ____ __ ____ ____ ___ _______ ___ __ ry o. �� - 18 z � �- F < 16 a 75,00 76,00 77,66 78,66 79+66 IFE—L ElllE LEE 11,11E,E I—El" NSTALL,F N16 TAPPING SAPPLE vALVE CG`N/ E T1111T IEITFAIE CEG,"CET) ED-A PAVEMENT] - 9- 8 80125 DGE +EDGE OF- E OF PAVEMENT CJJ RESTRAINT DETAIL A"Ow (FEEN(FIETE PAVEMENT DETAI NTE F to 15 F A-D + loo ol�R 0 W INSTALL 16"X16" TAPPING E 1-20 SADDLE W/ VALVE & SCAL VALVE BOX -- (SEE DETAIL E FOR THRUST RESTRAINT c)�u REQUIREMENT) R- �j < > 30 EXIST. R.O.W. z DIT H 28 FANF,P FDGE OF PAVEMEN 'Go, CIE C I 26 �111AIT'A I ,C.... 80 2 5 24 EDGE OF PAVEMENT cT + —CH XIST J_ E&—EDAl D PATME E 22 EEV G/ A VE BN A F CL ELF c L F - ------- - j EXIST. P.O.W. Ic 20 o o Rzq Z IT z o W 7T) F-) > co c [IF 1 53 16 llACElEl 11 CH—EILINE TIE IN lH1111 1-11T CIE. 80E00 27T8� LENIH LEI ENI N u 8 9 10 �� 2 �- a o� 25 -YR _ti i - _----� - CU m e:: WL C zs3 Ao ® 0 �mw o STA 1+69 A 3+31 - t So li Ii w _R o. �8 Tc24s m00% qg e 500 R.O.W. t --Sii 0.309 3+Oo -�; rui`O d 1+0a TC 25 3 2+00 - c x.a.w �Ob 6 u N - � \ 9 5 Lr _ETA_ M d c2 N o� a \\ 25' YR d J o _ II a �Y �fTl V F p (X � O O j � F ❑s U o z� 36 c x 28 26 ---- 24 --_- - ----- 22 ; 28 w U) R - J 16 a 14 0,00 7v00 2,00 3,00 4+00 u i ro - m o o 'c' JI JI Ji 6 25'-YR 0 JJ� 8,0B B 1m II �w _— 5 -E-E-- - o cn o�cnz 6 --- - --� HARDIN CIRCLE 'TC 26.98 A� k,an�NuwP �o o-- 0.42% F .. oF� a + — ----- o 1+005U.0 R.U.N. 2+00 3+00 60 w 3 35 II -Al --Df9Q-_ i+ m \ In }� o -Wkd -5� €-E O � 4 09 _ o d� - -- - 25' YR -- 2 - � u 8 9 10 12 + OOR—-20 i� x .1 0 O F 28.0'B-fl 2 E. O C] o W 36 i 28 + -- --- ---26 24 m 22 m 26 w` e 18 v cw�" ma=� - m u 16 a 14 WE=l `;q� oaoo 1100 2,00 3,00 4a00 15 14 3 co- u�11 1 M oC M w + II II O II ^�C\F N/ I N 18 - �, g7 25' YR a 3� z z --- - �w SEE,°�oF '� a ee o WL } 552 E --- -- STA.3+3 � � o STA 4+66 O >_ ARKLEY CIRCLE 7c 2s.� �o9 - ova r z w - --- o 1C 26.2 -�309 I i+oo50.0 R.O.W. STA. 1-2+00 �� 3+oocu w a+oo0.30% oa w o3� d o , -- -- -- ----- - -- - - - - - 19 N —_ 25' YR - � - amlli5.� � F -- SCALE -20' W P 20 21 22 23 24 251, 26 27 71 38 a a 28 - Eo Ir 20 - ------- N o �� Qo a 26 24 22 -_a o �o. N20 — --- ---- -- 20 OF 20 03 W n LL F 8 oam J 16 a Eo 14 - �a00 1�00 3,00 4�00 � o m m � 3 uwia®' EDGE OF o 02 6 28++OOsPncw CR 43 ® =EDGED z w 2Ew'S R04 0-_ veo s e�acv o A a �.aaoo`3 F � k SCALH, + F � a n z 30 VER 1"-2 p 7 C 28 HORI 1"=20 F W? N� 26 -- --------- z a 6 a 24 22 20 c\2 r ww 18 a w z4- � 16 14 J U st=crloN m m CULVERT DETAIL m a�g 12 CR 43 CL. STA. 29+10 t6 s�Aa.ry.s. a 27,00 28�88 2WO E � eo umue w C\2 cv F Q w - w x Q w -- - - —------_—_— —_—AEDGE DF IEMEN, --_—a o T60 A'o 2>e0 CR 43 O m = _—_�_ --_—_---_—_—_—_—_ O 30+00£0 31IDD 32+00 33+00 34 z �o + 3 -�_— ---- ----- - -—--_—-----_—_--- -ExI51.R.O.W. --------- 7m ' a< w oA y o Ao x 11 s.— op 0 Nn � wz asm V4.W—_L�F— cA 0 F � z c VERT. '-2' -RIZ.1-20' q 28 c\) F o w z 0 6 26 w c> c�z c w 24 x w o z o 22 + cv + 20 o� le 01 z 16 Lu of - � 4 120 - - - - �� a 3 MO 31�00 32,00 33,00 34 ----------------- - ----------------- ,tea- ------- _ -- ------ ----��.��.��----- ------ ------- ------ ---------� - EDGE OF PAVEMEN o+ � `. _}—_—_ —_—_—_ -------------_—_—_—_ _—_—_—_—_—_—_—_----'SAD_--_—_—_—_—_—_—_—_�_—_—_—_---_—_—_ a— O DO _ 35+pp £ 36+00 33+00 38+00 39+pp a0 _ _ i _u v 3� . --~_—- ---_—_—--__ _—_— Rau— _— -- \ �\ �: L�IVL I ^�r -4NE ------ W _-__-__-__-__-__-__-__-__-_-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__-__- -V _-__-__-__-__ a U U puw.S 6 x SCALE:1"=2W O -� + + F o z 30 a o 0 K o 28 ---------------- - ND c> w 24 o x wz o 22 0 o � + 28 c Q � m w Z � mpg az 16 x W�LLm�v� c� 14N 12w- - - - ma+- a wa w� wa wm wa .816� 35�8181 36,681 37,66 38,66 39�816 46 w 3 OJ Z � 3 NOTES: ca E o UNIT 1 INCLUDES 64 SINGLE FAMILY RESIDENTIAL LOTS UNIT 1 64 LOTS X 3.5 CAPITA PER LOT=224 ESTIMATED AVERAGE DAILY FLOW=22,4DO GAL PER DAY ESTIMATED PEAK HOURLY FLOW=62 GAL PER MINUTE ,° _ �T I j J VICINITY MAP NOT TO SCALE C LIMITS OF BEGIN OFF SITE Ally5�N UNIT 1 WATERLINE EXTEN51ON W-c I}MIC- 2 1 0D812 V O.PLR.N.0 TLyy OC.: 20020 D8129 V m— O.P.R.N.C.i. N;z SECTION 5 � S Yz SECTION 5 v LAURELES FARM TRACT M% R 4;m ��,waw s,00,c LAURELES FARM TRACT •.. ��,waw vw� e Po A PZ m rv.. ..��..,. Fl w a Hta }1a v^s CAA 8 Pc 3n s� `•'�' s �i9e o�zx�oPe ,o _ Z z e SIA x sa —__ RM 2. s9�� .�, s_ LINE 42 O E P � �"Al � w A z /.' ��\ 1, ,.A M -�l; A a CN A a z �e o ��� SEES, a. �s 1 0, / h;/, m a e a � x I a � �I _ AE 1 a y GG. �Y brvrvw� I � I I I e} �, f o , rA o I —v N im y R� V UA U - ma - .. m 77 m eo x�� DO OF o UNIT 1 2 VICINITY MAP uaT T SCAI E A 1A A US I I 1;T US Z of A, US A 41a PER INFRASTRUCTURE DESIGN MANUAL, SECTION S.02 PIPE SLOPE FOR 30' I' ejl DIAMETER PIPE MUST BE CALCULATED.- BY MANNINGS EQUATION. MAN INTO EQUATION A-1,486/l R�E S 112 A F v_t U/L-6 1 R 2/3 F I 1 0.013/1.486 0.625 UP P 0.0013 ft/ft -—--—------------- A C) ------------------- -------------------------------- ------------—- ----------- --------------------- ----------------------------------- arm ----------- . —------------ ---- ------------- -- ---------------------- - NET ECI SE—CE ®� � @ o+ A. 0+21 F 3 O o�X F� STATION w x z REMOVE EXIST. 30" SDR 26 PVC o 0�� CAP AND CONNECT WWMH-Al + _ cQ TO EXIST. 8` STUB OUT N.G. 19,3 ' w my o S --FL ELEV_=0.55 -- --F�6 19,60 438,10 LF 30" SDR 26 PVC WW LINE @ 0.13% SLOPE y. wow z+oo 3,00 as Al PWLIH—Al z �,N STA. 1+2o SDP 26 55�PVC �� FL— —0. RIM=19 60 x L v TfrE-XGONG---------------- � S2-A-. ��--- TOP RIM WW LINE FL- -o.ST �N a E1 ALE 1-2o FL-0.02 C &w E W 22 5 wo occ No �6 z w QI3 K - ___ - __ Rj O r FINISHED---- GRADE w v~i F7 ISHED GRADE _ -_- - __— -- 2 18 =_ Rj ___ _ __ _ __ _ ___ - ___ _ __ _ ____ __ - N N l ozo ;F o 6 �+ z° o 14 M M� x G 12 +Z o a 18 x 8 6 N U 3 5 X] T 30"4 REM❑ EE ' r wma ToEXIST. SF UB () T 2 EL El EV= 0.55 92 LF. 3 PV W.W. LINE ®0.13% A PE - u E ® .199 LOPE � a -2 5a88 1100 2�00 3�00 4,00 5100 o WWMH—A2 `c°v m + N.G. 21 1 F Ln F.G. 21�40 _ W — ---------------------o— ------------- ------- w - 500:LF 30" SDR 26 PVC �W LINE @ 0.13% SLOPE14 x U] '" fi+oo w R" 7+00 B+oo °9+0o mho+oo � � L >>+oo W W ~ v " 3 ---L---- C��i a " a CD N 3 F m CD z q c 00 N a �a -ALR:1-20 x M\ c� 24 0 4, N VERT.i'=z' �,o 22 + F 26 _ _ - ---- HEn GRADE---- ---- -- -- __ - - - NG E- o ----- - ---- — N A AR 18 ' F m o 16 zo o 14 w a E— x 12 W o � w 16 a 8 " x 6 »u �4 wm5=- z 500 LF. 3 SDR 26 P C W d t6 LINE 4 0,13%SL PE `m 0 a -2 �I 6 66 7,00 8a88 9188 18*86 11a88 WWMH-A3 w 40' TEMPORARY UTILITY EASEMENT N.G. 24J w o + ----- ------ -------------- _FG_25,00----- w m 500 LF 30" SDP 26 PVC WW LINE @ 0.13% SLOPE bvti A" x 3 12+00 w w 13+00 1410D 1"DD-Ti Euo V 1640D o w w 1 E - 3 ------- -- ----- + - co N a N o E. ---------------------�-1T " N ti a N ¢EE - O D x o + Q- 03 z Ac SCALE:1"-20' x PROPOSED U E STA. 1 +58 1 RIM 2 OQ._.+_ 24 NG w 22 w O _ RT E =2 1 F ----- VE . ' a 25 E 0- 0 ¢ z y F o� O 2 18 o �o F E- m _ G" `" a 14 � w �F x z � 2 � a o w 15 z g x � E ® R C UN a a 4 LL o U 2 500 L 30" SDR 6 PV W.W. 2 o- ma�- u 5 a -2l 12�6151 IMO 14,00 15,00 16,00 17 WWHH-A4 1b o NEE 268 500 LF 30° SDR 26 PVC WW LINE @ 0.5% SLOPE F.G. 27,1C a 500 w m� ti +00 is+DD 1I-D 20+oD 6 2i+oo .o wow 22+on 'x � - ------------------- —————— ——— -3 --------- -~� ---------- o 3 _ zw I - C\] OOP N F 03 SOAK.1-20 � � W z PROP SED I 64 W. .M.H A4 STA 0+58 RIM 2.00 26 -_ ---- G _U@9Il N.G. _____ __—F Nl ___—_- - - __ ____ __________ W NG 24o 0 22 N ERT 1'2' ORIZ.1'- F P,cv z a 0 26 + E o Cli a CW 18 O 0..E � a + F ® o 16 + 14 z F F W E x C, 12 w a 6 16 U fFORCOMMU-0H 8 E � F R 6 N UN ja- p1�LL` 4 wma�v�^ 00 LF, 30" DR 2C PVC W.W. L NE C 0.139 SLOPE Ll E ® .13% LOPE 2IF °m °a m - u `m 8 a 2 a ,8181 18,00 19,00 28 21 88 22,80 X � WWMH-R5 W/15" M. 3 + N.G. 26,7 w -------- ------ w LF 3U SDR 26 PVC WW LINE @ 0.13% SLOPE x5ti F G, 27 00 x ------ W\A/ J —eayv — 26+00 -----------2T+00 o wow 28 c w W o M o0 00 o e oo r 37114 s z w CQ STAT 25+58 W - RIM-27.00 E~ —x FE2.62 (E&W) SCALE.1"=20' U] E. w � z INISHED GRAJ E STA_ 5+58 RIM-2 00 U __--- _____ ____ _____ - _ 26 NG NG _- N.G. 24 a o 22 ERT Pi 20 F a C z o a 26 + F z z� o 8 Czo v a o s F P,F o s � m� E, o 16 + z° CQ a 14 F w w� 12 o F w 6 R 4 50D LF, 0" S R 26 PVC .W. 371,14 LF. 30" SDR 26 PVC .W LINE E C L,3% LOPE LINE 0.1.39 SL PE. >�� t U - 2 2 _ ma+= u `m 6 +� -2 w a J 2M0 24�66 25�66 26,00 27,00 28 0 8'x12" SEA 26 PVC WW LINE STUB OUT w a W/12" M.J. CAP FITTING FIT— 4+62 + � B'x15" SDP 26 PVC WW LINE STUB OUT W/15" M.J. CAP FITTING FL= 4+37 0 F� �C'] W W EG_ 26.30_ � w W � z WT, w o za+oo -o S wow 21-0 �t� �9° '► '2'.w'�' — 371,14 LF 30k _DP_ 26 P _C d o x WW LINE @ 0.13% SLOPE Ni mZcn�z�cn�� ;� I 1. iviv�Os " _ � �148\ P OPOSE 16'0 W.W M. .—A6 kK; ` 26 F7N7S ED G ADE ST 29+ 9�IRIM 2630 =e N.G. 24 w+ 22 F N �CQ p,cv z H RIZ.11 20' a 28 E-- o � n F 18 0 + a o 16 + z° OJ 6 F 14 F 12 w 18 a 8 R 8-$5-PVII� a-1 Pvc ww WW INE `- N STU OUT 5 �'� m�W 0. 69437t1 LF. 0" SD w z > 2 °m o i a maw- u `m N Fox Too 29,00 3 STATIONING EQ_UA_TION: STA. 29+29.00 BK STA. 29+29.00 AHD ON 43 _ pox _ WWMH-A7 W 30+00 0 32+00 33+ N,6 26,4 34 00 £off 35 F.G. 26 70 0 F C� 4� �362,88 LF 15" SDR 26 PVC WW LINE @ 0.19% SLOPE 362�88 LF 15" SDR 3PVC + + WW LINE @ 0.19% SLOPE _ RR o 30+DO - 33+Op+Op 00 32+ 3P� `34+pp 35 NMH-A7 _ WWMH-A6 STAo 32+92 w u�� STA. 29+29 CR, 43 RIM=26.70 otiTio RIM=26.30 F2= 5.04 � �7" z, W31+1(n W-12 4.35" FL SCALE:1'-20 F s1 o S-15" FL 4.35 (N&S) F a N-15" FL- L35 P OPOSE ROPO ED 26 s A_29429 F NISHE GRAD A 3 +92 ---- GRAD -- __ -- - - - RI -26.30 NG, RIM-26 70 o -. 24 o + F z a C z VERT.1 0. '.7 22 HORIZ 1"=20' a c z v z� >F 28 o a a s O + o 18 o zu � + F a � � x y o 14 c� 12 E z 15 x 8 � � 3 �LL 5 6 wmaE__ 15' 12"PVC STUB OUT r m� P C 362.8 LF, 15 SD a m t 4 3 2,88 F, 15 SDR 6 PV W.W� LINE 0.19 o SLO E �mv I N 15 FL- 4.35 5 E 30" FL- 3.10 zIi 30 32,00 33,00 34�00 35 O � CaJ 16" WL CAP L C.R 43 ars, w wcEN,ERUNe ExSLNG ao'R.o.w. — o CR_ 43 s w x' 00 36+00 37+00 38 00 o_39+DD aO400 o U] o exiSnNc e.o.w.uNe _ _ WWMH-A8,. 1`3. � _ WWMH-A9 o o N.G. 26 4 362,99 LF 15" SDR 26 PVC N.G. 275 - + + - F G. 27,40- _ WW LINE @ 0.19% SLOPE F.G� 29,0�-, o +00 3-D 37+00+00 38 1 39 00 M� (�40+D0 4 18 - - - - - - - - - �A,44H A9- .� a STA. 36+55 STA. 40+18 �` w RIM=27.40 RIM=29e16 FL— 5.73 FL= 6e42 x MS) SCA2� CN&S) E a STA. 40+18 _ w 28 PROP(SED F N]SHE GRAD - —__ --- 4-0 -WM.H A9 o + F - __ CK o z -_-- ---- _ ____ ____ N.G. of Z VERT. -2' a 24 ED Z 1 a a E, o � o + 22 + 0 0 a� o d E a 28 E x E w v) o 18 w � z 14 a x E 2 6 � � 8 u�L U 8amy 6 3 288 F. 15 SDR !tW LINE 382, 8 LE 15' DR 26 PVC .W LIE @ 39% LOPE a a 4 F-5 73 =6.42 N&S> &s) 36�88 37,88 38,88 39 1+88 O + " WIT VALVE1 WV 6x1 - TEE e� 16x16x16 TEE wL 16x6 REDUCER - - - exlsnNc a. . - - e wv - �W/ 16x6 REDLIE - m PROP.E.OP. 69 VALVE f'l H 6" VALVE o O E6i 41+00 42TOO �43+pp o 44+00 4+00 46 + �L�11 HL Ate- s _GF.43 A- - d� eSArNS ERo uNE cis aP C.F_13 2,G, 28,40 E x �Ato sHAWED PATH 345 LF 15' WW LINEl'-, 0.19% SLOPE EO 5l X R-A10 354 LF 15" W LINE @ 0.19% SLOPE z -- -- -- -4�+sa2----------28.40 TTjcE 0 9oco co 36 w ac C. AVEMENT 22.76 PRO OSED G4 O '^ - s RE SEc N E FINISHED WADE + NISH D SPARE 28 __-._ _.._____A a.ea --_- __-- ____ -.------_--' ----- STA. 43+6 __-_ --------- I F r�a.o�+z ____ __ N.Ti. �x -------- - N.G. RIM 28.40 26 E-- o 16' W TERu < '�h 16• aTEWL NE a' wa EWUN 24 _ �s• w TERLI E - - - 0. m 22 + + z� cc o O VERT,1"-2' HOR]Z,1"-20 C 26 + x 18 w E­ z 16 a 14 12 xq,q 6 _- 16 _ u U c 8 @m.v 3 5 LF, 15 SDR 26 PVC W, LINE ® .19% SLOPE 6 a 4 41 66 42a66 43a66 44,00 45�66 46 LA� S % SECTION S _ REEES FARM TRACT STA. 48+87 -20 w m + 1ex1eX16 TEE x �p -eAnNC DO...LINE _ _ 16'_WV` /-b-PE-DNC-EE� o 16" WL- 6" VALVE EDGE of PAVEMENT 16 � ¢� STA.+ - +00 N £0 47+00 48+0o� 49+0o STA. 49+07 50+0o 51+00 1& _ w Q WWMH-All — Q — — — FR w7 _ ZW -exisriuG H.o.w.Lue� CK 43 cT � 1 �OF _= E G 28 00 1-F 41`" 7,70 EDGE d' o T,G, 27,0 .�.' 10 s RED PATH= ° 10'SHARED PATH a w 0 51 ;�'wW H-A11 331 LF 15" LINE 4 0.19% SLOPE 3 5l �� n � M wwrlH-Al2 340 LF 15 � -- 77- -FCP �------- J rN��-------------- T 7IE RI -29:50 +, s o 9 IRI 27.70 A i STA. 0+43 KAS�� SEA RD. FL=8. 7 +j R y1N .a 1 15" C S) FL=7.74�5 � IIN&S) 112 (E) L-7.74 S I s A w 'Go 28 _� 3 r_ ____ E4+ F --- FINIS En_eLF ARE PROPose 21 z -- - — N - 26 - -- a _v Z _ F o 24 �s WATERLINE s wATERUNE a� 0 0 a 22 0 ID --- + �+ z° a a + G U, 20 O x E- E. Ml a 18 w z 14 12 E 151 � 1 SDR 26 340 LF. 15 DR 26 PVC U - 8 354 L 15 SDR 26 P C 31 LF 15" DR 2 PVC .W. LNE ®0:199 SLOPE W. LINE C- .197. LOPE F. d t6m � `m 4 �5151 47,00 4WO 5MO 51�5151 h STA. 53+67 16x1 x16 TEE O w m W/ 6x12 REDUCER SCALE:1-20' A x — --- — + NP VALV-- 6"VALVE o 12" LVE _EDGE OF PAVEMENT + 52 4 ' o _ 09 6x16 TEE £4 53+0a ru LLoo eT ss+oo - - 6x6 REDUCER - _ s A EDGE OF PAVEMENT c� - E�, e EXIST. LN To SHARE D N PAT .�.' z �.F WW H A13 m E- W LINE 0.19% SLOPE in ,5l STA 54+10 =�T STA. 54+38 -------------- RIM= 7.46CE 39 LF 15 SDR FL= .06 a. .a o >> 8 26 PVC WW LINE =E a o O� I CN&S� I TEMP 15" M.J. I tT� 2� I CAP FL-9.09 o o G+ 28 P OPOSE + F F] ISHED GRAD 0.1n z 26 7 RI -2T -_-- --__ ____ ____ _____ ____ ____ _____ F o N G 2 24 � a = o. - — O ' FD s TFR E aTE LINE ER 22 + 6 25 + In In F x 18 U w 48' RCP 16 z ST RMwA ER w z 14 x R x 15 w�av 34 LE S' SD 26 VC W.W. LW @ 0.19%S ORE ' � U - 8 @m.v sT 54+ 8 29 LF. 15' AAR eo vox Pv5 LINE pro d- ^� TE P 1 15` MJ CA 4 9.00 52,00 53�510 54�5151 o a s 9 Sq 9 V A, - o m 018aWi 6X6X6wi VAL An/,,T, O L _ E 7EZCER ---�� ,5----------- -- i R.o.W. , - w LV 0 8X8X8 " o F, m 141 LF 8" WIT 6" VALVE 8X8X8 TEE 0174 LIT8 WL ,8�X8 TEE nX8� ATASCOSA P=RIVER DR._ TE -T+ICPSa R DR. cc 4T 1[QiA Ri�'LR DR- 'vVI-CSR� - SO.U'F-O.W.D1 0o z+o EDUCE s+� £ ° °° E�EDUC s+oo s+aa + a RR m nP J �WMH __ Raw _ ' e.o.w. ---- w d a a R o STA. 00�� H LF- 1TNE -SCOPE -----WJWI`1F-1-CI- ---- - F �61 236 LF 8" W LINE �11 A 26. 2 RR aY ,0l STA. 3+15 0.44 SLOP W 8 o WMH-B2 E FL g I = I � 25' YR N FL=14.80 h o£I q O> � TA. 5+51 _ -S WI W FL 01_ 2) � I� JS FL=14.80 TASCOSA RIVER Q N � m 6„ WIT S o o W FL=14.80 M.J. CAP g.3t o o o M=26.63 h o 8" FL-10.21 lm.6, _71O sen� r'=zo' N 8" FL=13.76 H TA. 7 8" WW-M.J. CAP 12" FL=8.96 �I FIL= > 12" FL-8.96 +�o£ ST Ill ... , PROPO ED P OPOS D PROP SED W no F 28 STA 0 00 CIS A. 3+5 STA. +51 + 40 W. .M.H.- 2 �40 W.W. H.-C v RT.1" 4'0 WW.M.H. 32 H R1Z.1— O 26 - RIM_z sz- - ------------ wsH n aRA E................ -- ----- -- -- --- --- - -- --- ----�Nl HEn a --- ---- -- - - - - - ---- __ 'R M�26. 0 _ _RIM= 663 P4 6 2 - - - r,l0.F o 24 —NG 22 WAT RUNE a wA ERUN a o a -- --- __. _ 6 WATERLINE 6 WATERLINE - - 6• W TERLI E li _ U C4+ 2. � o cg 20 F z � x 8" S R 26 a 18 PVC WW u E z4° RCP L=i95'2 15 � �5 LF. 8" S Cl4% 14 2s PVC w 8" S R 26 R , LINE LOPE. m PVC VW LINE 236 LF. 8' SDR 26 PV W.W. LINE 0 0.4 %SL PE 2 (E) S F-13 76 U o L n 18 exreRioR DROP ONNECTI DN =Zz=--_ 8 — m - 6 m 3 w 31i 8a88 1188 2,00 3188 4,00 5,00 9 S i n/b;, O l z �/ O l 2 x6x6 I w c �, n - - - - � - - - - FI H 6I 3 0 E7 � _ E W/ 8,6 r E xL'��-R.o.W.___ _�� -_-__-_-___ EDUC R 3 u 8„ ° 8x&B TEE - ATASCOSA TVER DRIVE VA vE av VALVE >>8 o - - - - - F+oo nTnScosn ervr.e na.a+o REDUC R o+oa 90.0' O.W.— —00 + WWIhH-F2 m STAI 10+21 152 LF 8�WW LINE @ WWMH-Fl -3T8 L 8- WZINE g o-SLEO -- � � �S F =1265 0. 8% SLOPE STA. 7+03 o� fiE F -1265 A m W FL=12.65 e - - - - FM 9z -- -- 938 Sa �S FL 11.25 g`9 1 P q` WLI >> Sj o coW FL-11.25 co Qo Sg.ft. o IM M.J. c P a 0 0 0 �2 � N o o o 6+27N9 STA, 4+70 8" WWL f Q M.J. CAP-FL-I�96 WWL senLHl�"=zo' Via+ F. o z STA. 7+03 26 P OPOSE F N7SHE D 1 4'0 _W_M_H-Fi CK 0.', 2 - -_ __ - GRAD- 5 A_ 10+ 1 W a F o - --_ -_-_ ---_ 4' W.W. .H.-F2 m ra 24 - --- E-- FD eR - _ + 1 - - - - -- _- RI -243 ifJ DE o= F W NG o � 22 - —_ o0.+ _ s• wA ERUN VERT a ¢ I a 2VJ0 1 -- -- -- H-Z ]'20 E- 2 1 F X 18 x 16 8 SDR 2 14 Pv ww UNE E& 2 P c w uNE r - �UTLn� , W. UN C 0. 49 S OPE .� 3 8 LF 8" AD 26 VC q- 16 1 41 =26=17C W LIN w�� ®0. 4%S 0Ht Y, 8 @�m - 75 - u 6 PT ��6 7,86 8,88 9,88 18 Q ED ST. a w 19 v�i r^ /� W LLO NNE tt 3 OJ O ti H 11 75' cS 20 LF 6" + \ o � I 377 LF b WL Q w \ _ oED i re 1+200 LF 6" W j I/ w -- STEPH IRCL > er IMCLE - - — — — — — w w 7 � UE—Q m-- a Z +o0 50.0' O.W.. z o0 3+00 - Q a+00 a T .c „ s z a wo Z r coI - co> w S w + I \ J I a U�x� 6 a Lei/s�� ------ f -----� -- �8'�W T v +� ':. 38 LF 8" WW I I IF% SLO E �� n U Q �i/ 0.44% SLOPE 3 07 A 25' YR 1 75' R o,o 5 4 17 13 oo a " u 0 coW 16 L ,- o a+ �110 NJ 28 PROPO ED PRO OSED U 26 STA. 0+52- - --- -- STA_3+93 O q -_ __ 4M .W.M.H-F2li 2� RIM-2.46 - --- NC- -— ------------ --- -- F] ]SHED GRADE _ RIM=4.30 [..]<O __ v rer.� z n x 24 22 — — a ---------- --------- F x---- ------- ---- --- -- ---------- WAiERLIN ---- '�. ---- ---------- ---- ---------- ----- 28 ° WAT RUNE - - - ---- ---- --- 18 1 338 LF 8 SDR m 8" DR 2 'W LINE STD MWAT R _ 4 4g SLOP =6.10 PVC WW LINE m a m a >LL # 12 W�_ -- 10 2 LF_8"SDR g a_ - -a 8 a,04 m - o EMP MJ C P d 8,88 1,88 2,88 3,88 4,88 �r 3 m o 7 �� \ 25' YR 7590 m m 4 20 LF��" WL �' 4^ - - - - - - 0 L u� 26� LF 6� WL— — w z � — — — ---- 4 _5' E d x z�T �o-5/ m 6" WL �'D 1 75 o/i / + .N cn L200 LF 6" W� 2 p ti w  — URRY C RCLE N «RRr rR o 3 T a J 7 5 U E_9+pp— II w +o0 50.0 R.O W. 2+a £q 3+0a d Q Il LL 3 Q ��� com - 3 viz cn3 N�R + 9 m / - 759 i��� i� /�` 337ug 3 _ _ A15 PR pp — _ 25' YR - w BCO' 1 �'r7 Q6 GJ ,_ W ¢ I�o- CB cn W 7640. �a n 4 `�� 3 ��. 3 ��- sense>.]"=zo' to ° jw C o U4 �— k a a �a ofl Wo O" � + F I N 28 li P OPOSE PRo OSED a E- o 4' W_W_ H_ Gl STA_3+94 z/ 26 _ VERT 2 - 4'E _W_M.--.—Fi I ]N]SHD E ] 216 -- ---- -NG - _ O F - 24 a0.+ i U ti Ji__ ____ ____ ----- ---- ---- _____ ____ ____ _____ ____ ____ i 22 - +__ ___ ____ _____ 6'WA ERIINE ____ _ __ ___ ' ____ ____ 28 18 6 48• RCP SToMWTR 4 3SSF B"SR2s DS ��a" N U 7 G'`1 T 89SOPE ��LL9a 12 j�av 16 8' SDR 26(11 m a = u g &S) `m Ali a �88 2,00 3,00 4,00 � G cn LL - I: 7640J Sq mid. o w 4 3 2 a �I ��� m T ua o 5 ED oo co�I GjC� �� sce,Fr "=ao' o o O �� ��� � o 0 + z 'o o w 1 0 1 1 m tom m * Q of o cam - -i CO �usN � rn wQ`� �� Q3��ii' Q 3 w w 10' YR/U E R_O,W 3 II A �I F, -w — — — — — — — — — L—� ----------------- ------3= ----- -- ------ --- Yf E — L �12 Pic VVVVo KASPIAN SEA ROAD 392 LF 12" WW @ 0.26% SLOPE U 64 LF 12" SDP 26 PVC 740'ROW o - LOPE 123 LF 12 WW a "'.ry9 2 WW LINE @ 0.26� S x E F @,0.20/ SLOPE o E- os+o .8" VALVE s+oo cO� 0; FH 162 LF 8" WL > s s SIDEVTOER PR POSED -- -4'0 WW M_H_-AT -- -- F] ]SHED GRADE STA_4+85 S OPO+E 4 C].W]+ F 28 __ ____ __ _ ____ - 40 W M H-B1 6 G z i ___----N.G. _ ____ __________ .._. - RIM 7.05 ' --- ---- RI -26 3 FIN] _ _ fY,�,E- a --____ --.__ HED WADE " 26 - -- - z o l NG 6 o ---------- - 24 I Qs 8" W TERL] E - -- -- - 0.+0.+ 2 22 o x�F 6 26 18 8• RG ® � 6 E o17 ATER � r-n 4 a 14 R 12 8" VC W LINE (5) _ E.Z W/EXT EROP CONNECTION 7 »- 10 8" VC W LINE (N) w(nz v u�L V�LFL 7.74 Nis) o �� 8 123 F. 12' SDR 26 P C W.W. t6 m o 64 F. 12" SDR 43 LF 12" OR 2 PVC W.W. LINE G 6 PV " 6 .26% LOPE .W LINE I'I� 1 3 L6}12"5D a 00.26%S OPE 2 PVC W LIN T MP 12' MJ C P 4 ILL=9.z8 1,66 2�66 3,66 4,66 5,166� 6+66 CiT7 _ Gja a a I� �I II �o`. ±PR 5 4 3 2 o � � 3 m 50 4 0 o 1 d Q II Ca_ \�'M1e W — c 3 �W WU W ¢ III�0 Ts + . 0 �O /v 0 \W 0 I w o bW �cb�?m m d m s' o 0 6 b _ o 25 YR 0 7640 �� I co col O I -- -- �© W w ��� U LF 8" W� Q WO Nl T F o ,\��U�� 6 LF 6" W 93 > = I z U m 6" � , ow ��� RE oA, �L2U LF 6" WL � �� d��� a RS ARDiN CTRCL Ey ry cR IC4F iN CIF LE 1 ry L it 9 -5 U —Q+Q➢— N W w 1 00 5� Q.W. N 2+0 �z 3+4� co m a3[n Z cn HUI 759 ------ ------5'-EE 337 LF 8" WW W 1.48% SLOPE IIT` 7 �a 25' YR o , o FkT 7590 w �' 7 U E- Zo 36 1 RDPDS D a I O TV 1,11 F '4 W.W M.H.- 1 m Ili Z¢'E m 28 IM=28-26 n (q O d + �__ a Its Ho IZ.1"=o' a,' z o d- O 26 FINIS ED GR DE - - - "---- --__ - � P. N.G. F x 24 1I 22 _ 8"WATER INE + I 26 42' RCP m STD=1 MWAT R >T 18 3 IF 8"3D FL8.18 W IN.W. L I 16 soPE 8• P R WW INE NRS >m� �Lm 14 -- 1a m - zW I UIa+`y�o 12 u `m I a • � °= 6 0166 1100 2,00 3166 4�00 � m �R 1W WO s, 3 Q VO OC, U 3 � wl 5' � z w o� w 8 5a < 3 o WW �� 25' YR :: a ELF 3 3 w WW 21 LF 6" WL +� v W� - WL 2-6 LF e WL m n cn / co 6�� WL\� O 6" WL J 00 5, — KLE _CIRCL �_o � 6" vALVE � ��� Q „ 7 _ _ �� U —R+OB—— I W +00 DO.� O.W..QV� 02+0 + 3+00 3 15 CC 3 a+� ri "C� a I P aE oC W I,I ., t9 m N �.Zy1 v ERS E Z W + Q 3 Q 34 LF 8" WW @ 1.31% SLOPE --7 LF 8" b W --- 1 9 3 v�i �� _ — — @ 0.44% SLOPE . �^ w�„ t 11111'988"4 Sq.ft. 25' YR h` YSF ' as J � � � �'S2 E:�•=zo � w o T� z�z5' a + 20 21 22 �� 23 W� 24�� 25�a 26 W 27 o a CCF o 30 PROP SED o F wzE" m 11+'0 .W.M.H. E1---- --- PROPO EO 28 __L RIM= 8-0 STA. 3 94 - o _ 44 W- -M-Hid- 2 26 FINISHED GR DE E6- 24 0 22 34 LF. S6 26 28 P w. LfN R SL PF a 18 � � 3 = 5av#m� FL-18- B(W) � 8�b- 4 ST. 4+7c U f gym_ - F zs Pvc WV LINE 12 W a47 a 18 �z 8�88 88 2a88 3a88 �4�88 EXIS I. 16 WL N Da m SCALE N.T.SUL 41 NTs. F ROM T"'LlFRNPT „E wETIPIsNeo I TO �� A SEE SHEET 5A LOR oSTENTiaN aEA oETaEs memo —,.: ___ m ! z mu. a a 16 - N U a •••^'•. ro�a '- � m.«<„ ms.�.sw cszx sa --Y `emu BPSEFLoQo2oN Y ���-- ma - ,c,_E d m m °rere.„,„��, aR�reaa° ,xx.w�„�,x,xsre�»=xrerW„s.�rem�c�arn�,�rexrexaw A rnicre reare�c rervce oe.a� sccc�ort a-A INLET&MANHOLE ax«s wi. S1PP � =ox,a,x.res v„i°x�.ar�a..xxa.x. "°``�°•`°�",�°„,•,"••`° PROTECTION BARRIER wacT�muErnory ervo o saosec „x:xrexvs„x.�re�x�s. ol__��eD -��. .�° x..... „���a° uw..uux�xx rreo.oxx�n xx�xrxu.w.re.ou�x�u a��res sxxu e.xx��„x�mx.u.. TEMPORARY STABILIZED CONSTRUCTION ROAD ENTRANCE /EXIT DETAIL HAY BALES BARRIER FENCE FILTER FABRIC FENCE DETAIL ox a a ........ �; rerere.re�.rew rere,rerere. — a —BE BAG CURB INLET INLET „m ... E x. � PROTECTION BARRIER 'Z Zll�............. LOCATION MAP ......... SYSTEM A—UNIT I SYSTEM A UNIT 2 SYSTEM A—UNIT 3 NOM SHOWN ARE EXISTING I N"I"ATLL' I"IT.TI I .TIF D T 11E EIHEIT111111-1--)� se 21 —IRDIV ISO ,OAFF'-`rrE_DRAl ,E OVERVIEW ez—171 MNND�11.11 J.Pa,.Ia.G,I Engineering-d Planning se'l— STORM WATER MANAGEMENT PLAN .........�T%sl S KASPIAN SUBDIVISION '4'4� 7178 om�PARHWAV ,�°�•°"� DETENTION CHANNEL TYPICAL CROSS SECTION N, LOCATION MAP WETLANDS BOUNDARIES SHOWN ARE IT 13, .5. TAKEN FROM THE U.S.FISH AND TEMPORARY UNIT OFF SITE WILDLIFE NATIONAL WETLANDS as. m.uVnmm STORMY/ATER OLITFALL&DETENTION — NOTE INVENTORY ON LINE MAP AREAS SEE SHEET 5A FOR BETA I LS I 161�°"�`°"`�'��"' CONfOVRS SHOWN ARE EXISTING SYSTEM A-UNIT 4 71— AD1 W III a I - F I- 1 v[ x .n ✓ A, _ .�_ try' ♦♦♦ t J PI g S i STORM WATER MANAGEMENT PLAN2. KASPIAN SUBDIVISION �nnA'"or Isa KASPIAN SUBDIVISION UNIT 1 STORMWATER CALCULATION SUMMARY - - - - - - - - - - - - - - - - - - - - - - --- All 0 Taaum�re r.w'S a au umrT v�m„cre sa[e-rs uec c.*caarsizm.s�ocy srs�ns C CAY LE m — e>tvIICHAEL FASELER ,„,,, e DOG: 200 z b OC,: 2002008129 :�µo �1 0,P.R.N 3 u a 30 LA REL E N 0 5 w,.a-- __ S _ __ -- - -- -- -- S F ARMN-TRACT - Y2 SEC r � LE FA 3o LI� a� ' - — —� - oT IIIIIIIIII � _A m3n g ta4, All e v c� Q 1 I mN I•A i xl a r n ® m z -� n v „ KK YR m _ iona� o s v lLL=— Ri o at� aP�ARo��w y 4V �.. w ,asq N RNA av �m ENT ° T.NUM v , �2 =�_ f Lis R ,a E 3 p 3 STREET NAME BLADE SIGN YND�N N4 H TYPF BAR - LOCATE STREET Ill"TIFICAT7 ON > �PaerowFEE TneremDY"s2 �wnn�muous.w ox siawF umnwnosT eoF SIGNS IN THESE ED RKR RNN cRo;SNKL ,FTOL�D4 R F= LOF ocAn oNs Y PLO RRR aT THE 1 ER OF HE s MINOR STREET - PRFFORmFD T„FRmoPLYST Tc �- -4�,^4"rt^V4s^ LOCATE R ST EET BY \ / ]➢ENTIFI IT ON k PLAN VIEW SoCNS]N THESE 9 LOCATIONS "^+" TO TAYFF,c Flow TYFFF RE LLFL CROSSWALK PAVEMENT MARKINGS N.T.S. tiI �'1 DQ a oF1 aRNTo �=wH KYRRR NOTE �Name S ALL STOP BAR AND CROSSWALK PAVEMENT MARKINGS SHALL RE 24'SOLID WHITE, I-0000 F I, LONGITUDINAL CROSSWALK-DETAIL TYPE C HEAT APPLIED,125 MIL PREFORMED THERMDPLASTIC HIGH CONTRAST 'z CROSSWALK INCLUDES 24"SOLID BLACK ON BOTH SIDES(TYPE C HEAT AP HEAT Q FOR ASPHALT ROADWAYS- N.T.S. APPLIED,125 MIL,PERFORMED THERMOPLASTIC) NOT. ^ �' 2. CONTRACTOR SHALL PREMARK STRIPING LAYOUT FOR CITY APPROVAL PRIOR TO 1,E STREET NAME BLADES MATERIAL SHALL CONSIST [J ti THE PLACEMENT OF ANY FINAL PAVEMENT MARKINGS OF EXTRUDED ALUMINUM.THE HEIGHT OF NAME 'Z SO BLADES SHALL BE 9"AND THE HEIGHT OF ij F 5. THE PLACEMENT OF CROSSWALK BARS SHALL START BY PLACING THE FIRST LETTERING SHALL BE A,STREET NAME LEGEND x AT APPLIED'A'NFLCROSSWALK BAR AT THE CENTER OF THE ROADWAY,AND THEN 4'TO THE NEXT SHALL CONSIST OF INITIAL CASE,FONT ON O s r FORNED THERMOPLASTICS CROSSWALK BARS. STREET NAME BLADES SHALL BE SERIES B. 6 m / PRF PRFFORNEO THERMO-1 Icy 4 DO NOT STRIPE STREET WITH ROADWAY SURFACE TEMPERATURE LESS 55F. FH WHEN TWO STREET NAME BLADES WILL BE ON 1 zn 0 10 w TTF FACE T THE SAME ASSEMBLY.HE SE TWO STREET NAME z PEl eYa r+rvD cwOsswr+L 5. ALL CROSSWALK STOP BARS SIT ALLR BE IN ACCORDANCE WITH THIS DETAIL LA ES SHALL HAVE E SAME WE TH AND THE 2011 T XAS MANUAL OF UNIFORM TRAFFIC CONTROL DEVICES(TUMUCD). 2 ANTI-GRAFFITI COATING ON FRONT OF THE SIGN TSO 2,0 PREFORMED THERMOPLA [c1 PLAQUE(APPLICABLE TO ALL SIGNS EXCEPT F/T FOR NAME BLADES). Z PFEF ORMED A'TLT KR E'OlL P aS 1ct PF FOF AI.DE TnERMOPLa T1ct 3 SIGNS AND PAVEMENT MARKINGS SH ACL ME Nlll 2011 TEXAS MANUAL OF UNIFORM TRAFFIC E CONTROL DEVICES(TMUTCD).AND TO DOT STANDARDS. SCHOOL ZONE BAR-DETAIL FOR ASPHALT ROADWAYS -SCAL6 N.T.S. B o OF cNRB IO APO S 1ALK BAR L FL -o R TO THHFFTc FLNm TN ALLcH F EA EON n o THFHmNYLYFT,c1 ' _ U V C 2 a HIGH CONTRAST CROSSWALK-DETAIL FOR CONCRETE ROADWAYS- N.T.S. HIGH CONTRAST SCHOOL ZONE BAR-DETAIL FOR CONCRETE ROADWAYS- N.T.S. EL — �s U Oak mm_ -- =a m � m a m^� 3 p� TRIANGULAR SLIPBASE INSTALLATION GENERAL REQUIREMENTS NOTE NFry �Nol IIIIIN,INI LBTATIBI BF r.EE EATS THERE ARE VARIOUS DEVICES APPROVED DI IQLlll;H� LL cnrvwrw TO TIF DOL—INNSPFOFm 10- o - �see IINIIIL rvme>> FOR THE TRIANGULAR SLI PB ASE SYSTEM. 1E0.1 j TP BATE PLEASE REFERENCE THE MATERIAL PRODUCER LIST FOR APPROVED SLIP BASE SYSTEMS. II FOL—INc. ® ® iID HTIP://WWW.TXDOT.GOV/BUSINESS/PRODUCER LIST.HTM xNTn THE DEVICES SHALL BE INSTALLED PER MANUFACTURERS' RECOMMENDPTIONS. z INSTALLATION PROCEDURES SHALL BE �izzrvc xnI�IRn zinc wixe Pex asTry sass. 6531'RAINIT +,',",.'"Aj uFAcicaEa PROVIDED TO THE ENGINEER RY CONTRACTOR. nETEB� ;; �?., �yry z TrvN OJnan ',a 3 n is e e srvT z izz. BE usEo iF Tn[r HEFT%l 4F&o N �k5�rh n xAs. zie rv�rv�rvury s e ory Try z rvNTntii+" n IND 111 IINISS IS. sue n sNcry suvvoms"ALL rvm eE.svz�cFo F.cFm wxFxF.III.IIINEsuvaoa"I"sxausrvm 1FssaucID 6 ,y F_a xo- ISSINSLI IIIIIIUII '"m6 Tin o�amET .... -HW Pmv�oe a ss' W ROD OR a RIAAa. DIINIHII 11 INFI D111Q 'J cuss a corvcxsTs xarvo IIIINI iN a NON RR I oR"D ITT No"D FOOTINI Bry a FPB�L E FIF,EM E M LE�E A,B BAAA ANB B TN EB,B� uxEry F,Z F BM A IPLANNI.FOUND—ON 6 a SHINLA 2.1 OF OF ory E,E ,T APA�TxF LNF AF TxF,F 1,0rvnl.,xF TxA�aF PwrvP Arvry a 12 111 Nry IS DIN AIII TI „NAT, T,N%EI MD Ary rv�BE,rvEEry EAR NTNry�N rvA�rvTA�rvEB.NEE NrvBIN�P z,FOR x c� CONCRETE ANCHOR � I IN o&NB�M� INDILIIIIIIIX 2DIP'12'�AAHIIN SHALL OF �PBa,ATT IALI�IIIIP III III ON E PI m �FFTB BPEaATTB BTrv�sTON SIGN MOUNTING DETAILS RIIIIIIIDITIIIF.TIP IF FIT SHILL SMALL ROADSIDE SIGNS �sFB TRIANGULAR SLIPBASE SYSTEMPPLAHEPDNBPA SMD(SLIP-ll-08 EIPANSION OR ADHISIII TIRE. IF IIIS AID IIBB PSI,DISPICHIDLI. U IN Fo IIN A111 TI - aa m a m a 3 p� REGUIREMENTS FOR RED BACKGROUND REQUIREMENTS FOR WHITE BACKGROUND i REGULATORY SIGNS REGULATORY SIGNS GENERAL NOTES (STOP, v eLo, 00 NOT ENTER AND (EXCLUDING STOP, rleLo, oa NOT ENTER AND ,� WRONG WAY SIGNS) WRONG WAY SIGNS) SL GHI INT'S ory F„wa� DI. ENDr CAGING 11I`IMLL ITHAII' E w � GE _L E e�a K"�M,o BACK Ao No s EE„ .oA op o = SPEED -PCO LCI M I T , HNK oR Co oAEo EE.N .o BACK Ao No10 REo DO N T WRONG `'� =,ANOAAo P�aN=�EE,=. os,oE NolN,Eo s,�Ns ARE sH, IN III 11D AIRIII` `ST acs. e- ENTER � WAY N TYPICAL.EXAMPLES REOUIREMENTI FUR FOUR n SPECIFIC 5I6Ns ONLY ALUMINUM SIGN BLANKS THICHN IOUII F F Q a o F z REQUIREMENTS FOR WARNING SIGNS REQUIREMENTS FOR SCHOOL SIGNS x 5 CK o`c DNEIIRTGENTI w _ L MATERIAL IIEFIFIAI— CHOOL10IN10 SIGN ALINKIa ♦\ SPEED O LIMIT x - rwnix� viNO v as IsHso N eE Fo�No AT f w.nN, r-a��gaas,TE TYPICAL EXAMPLES TYPICAL EXAMPLES MEW SHEETING REGUIREMENTS SHEETING REGUIRAMENTS 141�01pb(mNMOITiYMparYfMl ,YY11 E,�Na TYPICAL SIGN m �i9a I� LI aAY�,�NNo TYY IUNN REQUIREMENTS '��`$�;� jLL IND u as u- TSR(4)-I3 ''����� t a. =ate as ti 3 p Cfl NOTES 3 1.CONTRACTOR TO PROVIDE AND INSTALL IN ACCORDANCE WITH THE DRAWINGS.SPECIFICATIONS. MANUFACTURER RECOMMENDATIONS,AND INDUSTRY STANDARDS, 1 1.IN THE EVENT THAT A SPECIFICATION,RECOMMENDATION,OR STANDARD CONFLICTS WITH TYPICAL STRIPING DETAIL ANOTHER,THE PRODUCT WILL NOT PERFORM A5 INTENDED. "Ts 2.CONTRACTOR IS TO INSTALL THE BARRICADE PRIOR TO OPENING THE STREET TO THE PUBLIC — o:o j 3.BARRICADE SHALL BE INSTALLED AT LOCATIONS INDICATED WITHIN THE DRAWINGS AND/OR AS INDICATED BY THE OAR. 4.BARRICADE SHALL EXTEND ACROSS THE ROADWAY WITH THE STRIPES SLOPING DOWNWARD Eon TOWARDS THE CENTER OF THE ROADWAY. 5.ANY IDENTIFICATION MARKINGS SHALL BE ON THE BACK OF THE BARRIADE RAILS WITH A uo aEn Ecnr m,.o ,,,MAXIMUM HEIGHT OF ANY LETTERS AND/OR LOGOS USED BEING NO LARGER THAN 1—INCH. wn 6.PROJECT WARRANTY OF 14—MONUYS FROM DATE OF RELEASE OF RETAINAGE IN FULL WILL PLAN vlEw LP �s 6 N,g \ GOVERN THIS ITEM UNLESS OTHERWISE INDICATED WITHIN THE PROJECT DOCUMENTS OR BY THE TYPEE BARRICADE PLACEMENT m o-"siuff Y` �WS OAR, n�N�nun or.rEE. �Ow•••" ry TYPICAL PANEL DETAR MATERIALS AND INSTALLATION 1.ALL PRODUCTS SHALL BE AS INDICATED UNLESS OTHERWISE INDICATED ON THE DRAWINGS OR � A5 INDICATED BY THE OAR. 2.WOOD 61 2.1.ALL WOOD SHALL BE PRESSURE TREATED SOUTHERN YELLOW PINE(SYP)THAT MEETS OR W EXCEED5 THE SOUTHERN PINE INSPECTION BUREAU(5PIB)GRADE 2 WHICH IS TREATED TO O F AME RICAN WOOD PRESERVERS ASSOCIATION(AWPA)UC4 B,FREE OF SUBSTANTIAL KNOTS, Z � DEFECTS THAT PREVENT THE MATERIAL FROM SUPPORTING ITSELF,SUBSTANTIAL EDGE DAMAGE F THAT REDUCES THE WIDE FLAT SURFACE WIDTH BY MORE THAN?—INCH.DELETERIOUS MATERIAL THAT WILL PREVENT THE TREATMENT,PAINT,OR DECALS FROM PENETRATING OR 6 �m ADHERING TO THE WOOD MATERIAL. 3.FA57ENER5 TYPE A END OF ROAD BRR RI LADE 3.1,ALL FASTENERS SHALL BE HOT—DIPPED GALVANIZED FASTENERS AND CONNECTORS.OR BETTER OF SIZE AND LENGTHS AS INDICATED,UNLESS OTHERWISE NOTED OR INDICATED BY THE. 2 OAR. 4.PAINT AND SHEET MATERIAL 4.1,NOTICE: THE WOOD MATERIAL WILL BE REQUIRED TO DRY IN A MANNER THAT PREVENTS THE MATERIAL FROM WARPING AND/OR CRACKING TO A POINT THAT THE WOOD MEMBER EASILY ACCEP75 WATER WHEN IT 15 POURED ON IT,7E5T OF SMALL AREAS 15 REQUIRED PRIOR TO PAINTING AND WILL REQUIRE AREA TO DRY PRIOR TO PROCEEDING WITH PAINTING. 4.2.INSTALL AN EXTERIOR GRADE LATEX WHITE PRIMER THAT IS RECOMMENDED FOR TREATED WOOD IN ACCORDANCE WITH PAINT MANUFACTURER RECOMMENDATIONS IF PAINTED PRIOR TO @ INSTALLATION THE CONTRACTOR WILL BE REOUIRED TO PRIME ANY CUT EDGES, 4.3.INSTALL TWO(2)COATS OF EXTERIOR SEMI—GLOSS LATEX WHITE PAINT THAT IS RECOMMENDED FOR TREATED WOOD IN ACCORDANCE WITH PAINT MANUFACTURER RECOMMENDATION5 ON ALL WOOD MATERIAL,ANY SCRATCHES AND ACRO55 ALL JOINTS,TWD (2)COATS ACROSS ALL FASTENERS AND PRIMED ENDS,ONCE INSTALLATION IS COMPLETE. 4.4.SHEETING SHALL BE RETROREFLECTIVE TYPE A CONFORMING TO T.DOT DMS-830D UNLESS U oTHERUNSE INDICATED By THE OAR, - 4.5.CLEAN—UP OF PAINT SHALL BE IN ACCORDANCE WITH MANUFACTURER RECOMMENDATION. -d B h ~ Oa �+�NgI11ppN1y� I UNIT] OVER ALL UTILITY PLAN I r, KASPIAN SUBDIVISION r r e <� � ,° .. ., � ,• ,�° pig"' � ,, F" - G ��� o I o i .• II � I I yrz I I � u � " J.P-1-Civil Engineering and � planning servicas r�i6(ss�il�z�ien az 51 of 68 E a c seiu�weowoe 3 hT 11 P No..o LOCATION MAP sCILE na,.aa TO STa 6111 w Q � F PIP= T-16 WA II a z w P4 z 0 z - � 2 w� I a tll z e w c a F z a III .a,o.,e,o a a. x ICI t i s n 9 36 w I T`I �3ass�Ra III I II I I L• ]IT `m— r SIGNIGE IT INI U III' ar A--s 11vEa Oa. i N— � o -------------------- a Eo:. I Ploniing M rPo"Po^r� a'Pob o ne aFa `�N py,dee ammo surface k 9 - 0c c° TYPE TYPE 2as P�aroe�'ee e - 00 TYPE 3 PERPENDICULAR CURB RAMPS PARALLEL CURB RAMPS _ Plonting o otner y�'�W�y�"' ak yW norrw I g surfo� �k;�1, Mc+. 12 Q TYPE 4 � R111 1 11, 111, m - ? slaewnl TYPE 5 y �, Plont,ng o oth- - e�rfoe < Y TYPE 6 COMBINATION (PERPENDICULAR/PARALLEL) CURB RAMPS x aR�f ErE— 11— P11 W�Eg.g � a REREg��� P' 's" .�E �Pg, n� �gRaoti= P� w Dg � ;_ z o E.Pa so Ma ,ar LL N IN � MPS IE S'EllR,�E�,�����a� m aPt.Raga TYPE 7 CURB RAMP PROFILE a DETACHED SIDEWALKS BOTH SIDES E"�rTM CROSS ONE DIRECTION o oa Texas Department of Transportation o reo ovl 3 + ✓��roa nay TYPE 20 TYPE 10 TYPE 11 iO 0 z a a rr a Ramp-e.oId O M _ TYPE 21 a z l a TYPE 12 axn—waikrrlg°s�erdea O o a TYPE 13 .z�. n orrrec��de.oid Q S€p samocx sda.od CURB RAMPS AT MEDIAN ISLANDS OP A DRIVEWAY APRONS OP a � GENERAL NOTES a e va�,oei'°°re poor Max Rp4ire rerdu�reEm Ha.�o� �rer zo rw�w ao < s En.✓�a�xauE xawnxw�ov ao,u.... of rre a o�caa��r ar�oworo 11 1 loll"I cxxas a�wo✓ a�lo. nI'll, 5111, s�res,,,u,E.ore a rearm. e5 o.ouEwa,3 p.a.�worms cous�o�Eo a .nor rwowr...Hr� wsre. m r - .. III o"oa°5`o,� ore W in s oars o<s'auwa sues.euaOF—1111, (>E�s sN.Esareciah� a�earereERsre�dcsioLns'cnonts.(r)J. — xrcnurt✓conmasrs urm mn.os ao:aNwc� E � �N d a _ V wraw wou�ereo, a cow.reas. N a Texas Department of Transportation Deslgn Dlvlslon(Roadway) Emonsion ion[os re¢�ree 3 2.. � � � aroa�e pattam Section A—A at..�xR a Ca anw9111e=oa nn°ar _ �M c\ ° s A E11E11F,4a Q F TYPE B LL z Groove Pattern Curb Ramp a°' TYPE A (15 Degree to Horizontal) CL TYPICAL INTERSECTION LAYOUT WITH OFFSET SIDEWALKS Truncated Dome Pattern Curb Ramp Q Geaerar Notes CP o Single Diagonal Curb Ramp OR 9i1�ua U ° nlhl a1°1s°,a9oa�°°tle=eae:aa o CureeRa'mpsr Q x =ea n sh re���.n °nr=h°mr2 e �.. d � O 1. :U app'caha 'ohs e F'� Concrete paveI with a truncated dome su face p� f p General Nate, nb.s— ern,-iess shown Carb Ra U — _ erpen mpe Perpendlcalar ° to medranlgent ° c b Ramps of he or the Coro Raalus N ana Conran I �4aoani°°°nr��K°��nd�h Crosswalk ouh°nari�Uon v an�ara CURB RAMP TEXTURING TYPICAL CURB RAMP PLACEMENTS AT INTERSECTIONS " n'r Texas Department.of Transportation 0 oaslyn owi­n(ROQawav) U CRNSULTANTS SHEEP Na ­0��U.IS�­K WHOHANA�EUHS'RE eo ���ON r SH-IE E­To OKNESS 1�11E.ENT-0-1 IN AS S_WN 0 OE S 'TRHEO KENTEO 1/1 0-Ull­H S-S) ED A--L THII SH11TI �H IT�l LESS THAN A 1/1.0-1 UNISH I E DO 1,OONT A ASRHAI 7 — ­ A g T.NSIEISE ANKN '/I H.AO 01"LI, ZAN=TAO�ZNN' /�"HINSIDIS1'�l Nc ONTURL 101 NORU OONT NO fW/ISLH,Ho��UITR�ISH 4� , Nl� OHT T'T OONR TLU AO H X OHEXYTUTON IT % A _ '4.=R ONERNTAILANI- �, E��S T L �_ELE ED S TYPICAL V'CURB&GUTTER DETAIL 4"CURB&GUTTER DETAIL 6-REVERSE CURB UTTER DETAIL TYPE'A'HEADER CURB DETAIL NOT TO scALL NOT TO ALL NOT TO ALI N�­AN/S-ALK W-H At A_T A NURA S-L 11 vavirvo ­SEAL'E"STREAK i Teo TH­­AS SHOWN R ARRUR-ElUAL NATALL 1/4 Ell N­E I(L-T �El �oAF_'A_E'TU;) 4-NO 4­T IE INN I (R,FR To A_NTAI L T H S IRANS ON MR "o R -1- SIL-ENST-K 17T BAY FOR AS A E N ENT IN6S28 OR ARRR-EQ­ -TER 12 THRU El�l AOINRTE'NFN� TA,OER E'RANSON _A �H HO-T-NAL REINF-1- MNR'I'loR.TEOT SLE-W/E­-- A FULL EN.H OF NURI) NO 4 REae).1 TH'S ST OF -TIN-S A SIL ON 1jj 2 R� �R­_�EA�VTE­T _��4 1 CIR EIISTINI M-ETE FOR AS A NO ES' BANSON NURA I-TER T RoEl EW20'E� 1/4 RE.-EIINS.N A �l To A,S_ RH DI NARL­OR T-A�SENUIE-S-L rvINE TH-H-0. 0­LRN�ETY_­�LHN� 1 2-1 11-1 2-1 N� OR NA U t -0.F-E CAP SEAL DETAIL CAP SEAL DETAIL PLAN SECTION A A NEW CONC.TO NEW CONC. NEW CONC.TO EXIST.CONC. S'VALLEY GUTTER DETAIL �2 NOT TO ALE NOT TO ALE NOT TO ALE 14 8 WEL 4 S-1- RS ON TYPE'B'HEADER CURB DETAIL RAI Al NIAN-NURI ATA­­THIS NIAL TNKLRUENS 0AN-YTOOTRALSLOOMIR ­­E-A.- NUR, A EL�N ONU E�D.�TTOH S NOT TO ALE /-10NI MSTOUN2Y SUHSA 0400AHE INHEWRTE NRNOTRHE R�A NLA7 N -AS-E-K ` Ly H Al, IA E ­­­-FILL NEW-EIISHNI IENAL CURB&GU7ER AND HEADER CURB NDTES, _­00-E­(11) I ALL�O S T Ao TR T SL NI ETE r 'U,E INT R'E'TELASS.'NA 3000 ALL TEEL-NE 60 ­­EVNS�N 10 NT�UT��IIST­ -1 ­1 6 ­1 N�4SL'lEEVWTH'2EH�LoN'AllNE HONT AT SAW �U��O%REE 3/_RE,­EIINSION 2 TUAN�SUERRSE,�=VRSAN`HEMEER A��UR'�`AT�IE.`OS�HA NA5ENU%lE�N R, U ALL A U UR, E B B R, E _A#�4ND`RESL.`NNATTE E�U#A� *,RoETA�RNANSTUoRA AAKL.EWN'TWTTHHEA 3 AUSION DO TOR�HALELNTEE_UOV��OEN�ATT 309 OHE N 8, 1/4 TH­ INSION UOINT �/NTETRHS"K(EAII.N) E�NF EN , SS F T 0 8 111 SlIEWALK EL-TION E A C LOENS E�ITE5N�EL�ONA�.�SAS�ET�HEA�iNN�'�ATEN�HES ANNOTH4s '%T_�EURR'.1 IF­1 IS 11 A, TH WEL S NE-K EN #4­lS SHALL IE SL�EUIRE,� W/RENF­ 4 WHE RE ZUTEVO�RA"l-NURI 10-E 12 11 1HRREW-SITION THE IST 1.OF THE NEW TO �HNT�HE­l IN S-E �R HL IANES WE4L­WWRE-FA0­ ET -11-UT 12 1 S,5ER­EA �S` EN%SSUEE��RF­TN­TKNESS�U, TER�E NF�RATE 5 NUR A (2)#4 WDSN E H� ANS�E�U To E� H �S ON AN E N THE�I=��TT S�,TAI�=­�S�E To�NE(SS)�NAN��ON�TOT�'S RRR.FEE�RT TO R"NF""NF"" (ZNST�ZTolEES"ST/'EZ)­E� " 'TALS S­N ON TH TAW N' 'TH THE T­"­=T L SE I SUI-E IER NOTE'1' 6 1'2HEE FLEI- SE(4.­U.)OR ARU PLAN SHALL EIENI A'N"U'OF NI THE IAIK 0 F'URI H. _AL 6 NURA I­TE R��TAILAHO S_NANR_-S-L IE CURB AND GUTTER TIE-IN DETAIL SIDEWALK RETAINING CURB DETAIL PLAN FOR SIDEWALK SIDEWALK DRAIN U­N­T-ES N­FOR 5�-TER 6 MERS _A,_ER_HEANER NUR,�A�RUE�SE_L,IE.S-AK NOT TO ALE NOT TO NOT TO ALE NOT TO ALE RURV-- TO A-ESS IR-T__NS USeE'SASSUNAU_To_ARRURAL SRE­� SLORE NATURALc HrvH E" ON T30/4�SHEET) E �HNEAL�o�N�RA�AN�,EOFT�H �R�E��TYS�U 5E��EONTF%ENTNULION ll� IN To UR THE WTH A UT AT ,R E IRASS SLORE (THIS SHEET) HK I-E 1/2-E FUR.THE TERAS­UT.ENT OF I-S--NE-110N C-),/4 RED IN lUR­ENlLAS­SLEEIE WTH E S SSLT ­1 ANI ST=N WTHN Z EITUAATL)IUNU ERA,EITI N �A" r�`N��KTEET�W/-3T/E8 I(HST�AULE_S�'EETLO THAT ALL ANA s HA_s s 0 7M NEW­­E WLELLANI Sl'HONE�718­�T 14 S.I . 0 ­NTERSUNK IK 9 0 ERS ���EZE�ELITYSSTAASN��AORN�SSTR(U����OF�o�E�LARW�IHE�TTHUERAL RRIER S INTO EIIST A� SS TA TH �H <FOR-ENT �(.�IN<6 E SI- 3/4 1 3/4 �ARTI-E 910 RAS-L AHUIESRED RIN8 AT -_1 OFE NI THE NURI Sll EC IAIKeN-E-K REIN ENTWALK lLjr / -�ff ­L­'A LK A-R-E WITH THE SID-1-IONS AS S.N AS­11LE (N N=A 9�H SLORE 21. Al STAN_R_TOR_S NO DUER THAN 48­RSW0,THEER- 6-A'V )ALORF�EFROUOS ORTES�- IN SHORE 21. THE EIENT OF I-E.ENT N l(U0 T TNHEU�N C C .01STURE IF HE 11E.ENT ST-HURE _0 NES SO—NDTES. u- 12 #4 RS 1 ALL EIINSION HOINTS TO IE 3/4 RE—EIINSION DO- 'EN-DER AUTHORIE LESS 6� 6 4 1-4 4 1 12 0 s EW 2 ALNLLEcSONOTRHIEE71�07'3 Al STEEL-NE 60 ...r56 68 'N AN N_NUAL_ATNN RAsRS SLORE NEW TO EXISTING 60 000"' —C...11, 3 ­­TE TO 1-11E ll..FINISH SURFACE&SIDEWALK SLOPE BEHIND CURB SIDEWALK TIE-IN DETAIL SECTION B-B TRANSVERSE'N"ToN'ONTS` ­E"1/ ­1 SHALL NOT TO ALE NOT TO ALE NOT TO ALE �E NUT N ALL S-ALKS AT 1 0 T-ALS(I NTEHRLS­1 IE SIA-TO-NH THE WRNI�FALT)HORST�HEEWALK PR-C i 5 EEaa°r�w�RN�� w N=RLrANr=SHEET Na TT �oMEEaEOR — p� Aa RE — 6'C _ vvFovco c¢ua� �R — ��Q6Q °Ra N. E��oRE�o°r EEaE rH � PoM �a r sccroN TO uarcn THE ° um e 1 w+i4 o€sop LL vs i. rE, xu 1�ALL soevnua'ara of iz 'no oaoE,AT T a PoOR�r ��ouO +rn LONGITUDINAL OR TRANSVERSE TYPICAL 6"CURB DETAIL SAWED LONGITUDINAL JOINT CONSTRUCTION JOINT i.i�V�m Nor TO—1 a o —ELa w—ELa —EME ENEE D�o�U a� ENr aoo�_LINE EnoaE oR ER En'IA OR � � ��\ �_ IAA m00% U g III1 n a \ 14 IF..ory NETS N1—.mw curl d o smoorn rowEt _ cuE E E x I rErz Na eaR zaoc /I � no ra y J } J// � 3o ry R U THE TH110M IF CONCRETE TO ASPHALT TRANSVERSE SAWED PAVEMENT SECTION TIE-IN DETAIL CONTRACTION JOINT EXPANSION JOINT 7 NOT TO—TE JOINT SEALANT COMPOUND Norro11ALE GENERAL NOTES A s u� �w�E N,E w 8 NR rRauE�E p Q a ono Uz Z oZI RE10-0—Eno 1—T—N„a 100 l—ENU—ro d o rH�c Eu wHEN c��EHER LMEsroNE USER,rHE.aRSE a.RE�AU x �o o s? cs � � oNN. PBQVIDE SreP:(Ss)EwFLrnv wwertOB NPAVR PAOEo ,HA.,OPENING "IFIC INGED DIAME,EB O, P—IDE CC(ss)wFLOw wHIBrrOB PnveD —PnveD ,HA—OPENING "IFIC IN, GED DIAMErEB ON MAN note REQUIREMENTS Ontmunms SHEET NO B(PBwIDE B(PBwIDE Aa'IT., ��,G"EMAR BRAB BEwFOBBEMR, B„ , RERAR BEw'OBBEMR,°L-ga BARS( PLABE B"ORE "G '?" aooO PSI BONRE,E BOLL# O' aooO PSI BONRE,E B DPE B PLaBE B NRETE TO TOP Oo BOB S,D., 3 ga BARS( E ° O O,OP OF BOBBR� � AaUS,MR,s c,D MAn � ,D-<,O s3s 3 MIN O E o saz FINDS DEABASE NA q'�r,por R,E C APPROVED COATING rA9LE IN NO 1111 ��� All-ID° E AA,E&AL >„ NAME"oEFINAL Roo,,E RUBBER �E nPE A RLR W,H PBRA TH CAN SS of,HETIA NU S,�EM ss GAINS OIF TIE TIIIKNEIIT'"NENTI 11 U oSoL HE ECRAVATION BON aABEN,BASE TABLE ..STD PBOBTOB SOFT ALL BONBBRE SUBFABES NBLUDNG BBB„ WA— BONDED BOND AD s o AN,�,: ABIe DAY ROMP s S saooO \ All ILL 11 AGO E ONNEITO ONNR,ON " (G aETE BE sDB a STALL •� �• m y z a:e °MRN�LPSABIE FADDTU I SLOPE CC'Si :oPEWINH— woo = IOWABI NO a BEGAN DO WE UU Ps M N M BB DAYS) SEE PIPE -E E (EP, RAE EE PIP - 0,AAio =a "� pw anWABLE ELL DABAF LL ADD 2 Te MAz SHARING LDRAL _ O PROVIDE oo< ' " PW„EN FORM BONBRETE FOUNDA,ON > '<FOR"M rBiMuMBNa,N'KNESS)� MB (MNMUM 11 T„BANESS) cNR BY F ND MORE ABQERB vE _ nrl„o�INVERT PFB 1V uAe ENGINiEERBE oo�so PROVIDE�RusHR BONE P B PBwDE BRUSHED STONE ,. AS REQUIRED(11 MI „ AS ED('I 3MOR GROUNDWATER IS PRESENT GROUNDWATER IS PRESENT pQo€ow m Z 'OR`Io1EG`1I OP,MDM MOISTURE ASTM RORTOR DENS,AT Base Av AL ,v �AAAsi'f-r4`'1 �3I IT oP MOM Mus orce ns M un ��o� ' w„oo+s Nos BARS ��\��\V\ VA�,,,�����A� VAS B BARS —k Chi IT OF FIBERGLASS MANHOLE O'EW CONCRETE MANHOLENOT TO SIALS NOT TO SIALE Ili(o w w o EQUAL To FOR EQUAL REGARD I HALED OFF SRN RE;E CONC.COLLAR FIFO BEND o ON ER TO, MANHOLE s IN OF IT LA AGES,DIAME, PIP WALL(F ONRREL NMEEVE — E OA E,E� ID A,EB srOP LI �- Ps(,C, A."F' RON AS Q R',(T`P, E" BELL OF PIPE — LNA, URAF ROUND D _ D,B�RADIUS(„ ) nALL GR Q � � F FINIS„DBABF DANDE WI, MEGS SPE RF FQAGE TGGG P =R1 META E AN;°(TPSMNAAOR PIME°OND OR ON ACT PBQ,EB,IQN E;ME �a RRAB BIBBD�BGI WASTEWATER MANHOLE(BOTTOM) PIPE SEALDETAIL OLE TIES.AT 12 OO NOT TO SBA as BEND NOT TO SCALE z� MANHOLE PROTECTION IN UNPAVED AREAS o s SSEEEA FOMRAIEGENERAL WASTEWATER CONSTRUCTION NOTES: (CULTIVATED/SPECIAL) q z p a O AIL O,,O� w �� ono zw To BE ENCOUNTERED MPROGEMENTS To BE PROTECTED.AND PERM TS AND FEES To REQU RED AT INS WTH OTHER RES EARCH THAT I NECESSARY TO ENSURE THAT THEE ,G CONC.COLO,B F A,PSMA:Ni RINGSPRO z �NO GOINsE BPnBAINR _SLAPSTICKONSTBAIN,S,HA,MAY ALL BEEQ RICH PER PEDUR R C,THEAC „AP,EA C,B w r IF MAD .�, R. NINEGRADI as BENDMANUALUNFORMTRAFF,'ONTROU ADEVICESF iOFFIC).BOL AND Musr AO„RF,O,tiF ��� FINIS„GROUND d � M WwLr�ANpHES MAIN PAD E ESGNED ro GBo GP x S. IT PAIDPRESSURE UNDER AT L PE(M'OND ps D PIPE)AS CCC PS CONRE,E FLOWLINE OF THE MANHOLE SHALL BE CORED N SEALED WITH APPROVED GASKETUAL RENF RNEWATER MR;B C_ SURFACE GROUND CONRETE I= MANHOLE BARS)TYR(MINIMUM) OP AS MANHTOLES.,„E MANHOLE FOUNDATION MAv BE PBECwsT ON^ (PROCEDURE Muss BE SUBMITTED To THE ENGINEERING SEBOISES s $ 58 of 68 dplFs AL.) INFLUENT BE LE IROB MORRE RESIRA45EBFROMN PA R MANHOLES WITH E,E CORD DRAWMC NO MAIN MUST BE NO PARALLEL WITH DOWNSTREAM FLOW DIREBTION MANHOLE PROTECTION IN UNPAVED AREAS FORCE MAIN DISCHARGE MANHOLE DETAIL o REQUIREMENTSFOR FBE FIBERGLASS BO,TOM WD BENCH MUST ALSO BE FACTORY INSTALLEDALL (RESIDENTIAL) NOT TO SCAR NOT TO SCALE , CRY PRO—g NSULTANI'S SWEEI Na EVAON uTERALS.LOCATIONS.SIZES.I THE CONTRACTOR STAFF FE'G VER THEAND OTHEE`STNGR INFORMANHO'MATION NEEDED TO REHACI UTATE EACH MANHOLE IROVIE LAG((PROVIDE E w5"'^waW g'�" 'Y N EL N(SS OD HOPOE(RADJuuARD)TAIN RERAR REINFORCEMENT OL#9 ARE) OF E ACES AN N'S TO ON T LA ASDIVERT TRAFFIC AND PEDESTRIANS PER THE APPROVED TRAFFIC ki WHIT A RINGS aRISZELOCIAGES`M' ROUGHENTION STR THE ENTIRE G THE TOP OF CORTEL E AND OEGRIS �a �... . HE CONTRACTOE A p ROVICE COATING TO EOPO—CONCRETE SURFACES WTH APPRO—sSTEM TO PREVENT CORROSION THE GO NEER FOR APPROVAL BOTTOM SUMT P POSE'MATERAS To BE USE'To THE ENGN' a THCENESS SHALL PGOVOE AN ERGO ENGF RINI GENCRIES OR CHIP BENCHES OUT _ RT NSERT ANNUaRS PACE AROUNDE.STLINES WITH LU CHEMICAL GROUT 0FERE GOZSTNGMATop C.NNoLE FI cEMENr STADLSED DACHFLL wza `s` s TAS OF TEME TiT INSERT (EICT BE F ) sIT D IN SHE °o z= x � �C ElC m�- cA To Waa ' R.A—MANHOLE RING ANN COVER P ATOVE aowL NE LL I MN :. REFULLE M RE AND USE : L w:H owATLE FLL ESA zcAVATON WALL MIN �\ CONNECTION(MAO HIOCII) o a 8 RE SEAT P _ —— \\` PER Fr. - e V ——--- zlSrwc PIPE vARIFs WATER STOP ASSEMSI PROP PC OD) IN VE GENC VE GENC o VE GENC UT AT N IT IT E IRE MA Ez sr Nc BENCH (I00 PANHOLE ro CONCRETE ze of AFIL OF :� a ° As oRECTEc s -1 MIN pROV BE B IT CAR RINGS MARCBE ON OR aeosTA SRNCO TAINLESS OR U SI ON COU LING ITH MIT SIT GROREMUT(IMP1-OR AS A0-T SAL r °POSED F NSERT AS TNG'MHD WALL°R °1 o x TO P OVOE HIGH R w E.ISTING CONCRETE F REMAIN GWATLE FILL FRP INSERT REHABILITATION OF EXISTING MANHOLE FRP INSERT PIPE SEAL DETAIL NOT TO SCALE NOT TO SCALE e u O CIA VENT HGL i4-LETTERING MA)CHINEZEGGE OF RINGCAHGL WTH BE TETHER BE C UREG TV MANHGL<ESS WALL SUCHEEL(S;HATITHE INNERFLOW LD IS FLUSH WTH THE CUTER I TRAFFC SHALL BE RESTRCTES FROM MANHOLE FOR IG HOURS FAR LIFE CLEAR LF Q` DSPATE FIR °sE;o M'°�osEoEMos;'A sAGN)`AIA z w p INFLOWGBE MACHINPH B ES) _ RESULTS LaF AN GN.THE o F ASSEMBLES SHALL MEET OR EXCEEI ALL EPA ENVRINM=U STAN BASIC S THE CASTINGS SHALL BE FACTU RE COVER PLAN VIEW / FROM RECLELED THE TEST S HALL BE SUBM"'TV THE C- ANN BHA MATERIAL THE CONTRACTOR SHALL PROVIGE CERTIFICATION NOT TV SCALE ER(1) a r a- I�P-CIA.N OPENING PER — — - Z S w„ �% GUNOR. SeoIT ae W x za E #CO2229J Z. a o �o 0 o SPECIFICATIONS _ R�sAT,oo�T -scoffi PER MANUFACTURER (I) o AL(MALo UI)D sflE67 59 0( 68 PER M NUFAcruRER _ (z) uNo oRNi TEO EIwuTHE PUNs�A��Ec°VERB SHALL BE za DIAMETER A T NTENOED FOR MANNED ENTRr. SECTION OF RING&COVER RING&COVER APPROVED LIST NOT TO STALE - Ty FlOGLAT d OER APPROEED ARVs �P�o � Buz o NSPtiaNis sntiT WILL TAN1-N PLECT aME pwja a � AM AT N,EET� C �0 6� 1 1ORINSNA ORD`� °�nPiR D T ND PR SD"� 9a nz <j �f'= COVER PVCST°PPE" � a "ENFORCED OONDRETE - ° R O(EMOVIDE RECAR DETAS N ODT oa �w a n C SEE C LP°"OFCE inDS aCCA")FFPADD PLATE REQUIRE.— 000mo� a EAD-1 NODDED NON. E r� °VEDA"VTA"� CAS°CR„P EPARTM ANDAR ,°°PS MN z6 � 1D A TARIFF PER °° LL= MRN o EACH w _ F _ �$ -o ORT A °.DT T DEPART OF SCHEDULE a0 VIRUS € oAVSN N P'ANu=ss STEEL uNo ��. TEE°°NNE° .� �d' g � SLOPE 11. ,a 1111 Ps CONCRETE a. -- ..ONCRFTE FOUNDATON _ we-LIEF c D 1 NN` °a`�RA� oo+z ° s°REou�ao Pw� .IN FRONT VIEW °°" N°AErE SIDE VIEW AN DOLE°o°_cR R°°E AROUND A.ER SEED C.-R°cLORATI Ns° ouANnn NO COMPACT TOP' IF 1111RADE TV BOLLARD DETAIL DEEP CUT SERVICE CONNECTION & v AIR RELEASE VALVE AND MANHOLE OPTIMUM MOISTURE CONTENT NOT TO SCALE NOT TO SCALE NOT TO SCALE Ili o w w O U OR SERVICE CONNECTION NOTES: ELEMENT 5� RL CONNECT T_I CONTRACTOR TO PROVDE SERVIOE LINE OUTSIDECE 11EM ECTONENT Al SH..NRAND NE o .—THREADED PwD PIPE AND FITTIN.To RE —WELD PON aD PVC —1/2•NA, ED PROVIDEMARkEA� AS RDECRED` E ��a ERVICE,usE PVC WE OROTEEAl DIRECTED ATC FOR NEW PVC AND z w e AC f�rr� IS SD.USED PVC -(n� n pia DIA o'•< E11-REP o PON a0 FROM cLR,NOUT WISICE TO THE MAIN LINEER PROVIDE � Q p R NEEDED ENC THE PIPE"/D OF a= SAN RE _ � a �s RocOFI°N AND VIE OF MAN DARE OF has.REND ON RDRRER O PLAN CLEAN OUT BOOT �Q SEE NOTE �MRD,ORw MRD2 ARc NOT TO SCALE NOT z w 20 PREPARED OUP ND TH T Ell ° O RR w ° ® PROD S SASE 2 2 FORS ER. �a. R MARRED FLUSH �LH SHOWN ER TO PR ODE SAND noNE1�2 EACH) a REDMENT ° m WASTEWATER"TNREAPk ARE ULAR ADDLE'of OR HDPE O SDR�FOR PVC) i�,O' CURE FURL,z.PIECE OF RERAR WITH SECTION A-A SECTION B-B o sHEEr 60 of 68 POLL PROTECTIVE END CAP ON—IT END NOT To SCALE NOT To SCALE —RD— SERVICE CONNECTION DETAILS STANDARD SERVICE MARKER TYPICAL CAST IRON CLEAN-OUT BOOT s NOT To SCALED REQUIRED ON STREET TAP NOT To SCALE n EaOcr p FCONSULTANTs AE EET NO. DNPnvED�PnvE° - HALT REPAIR. A MYnLESS 'AN THEN PMVEIwEN;. gw- D TED OR STAIN STEEL D IND III UP DR TE REPAIRLESS 'AN E TOE"ESAAAEM�N AaAoRETE �W, � DA STEEL SPARER°° r ° Pz IF I. WELLED STEEL oR RUNNER SUPPED, � ��DE OF° Nc UP L SEE D EME PSEE`NOR 4 TO 10"CASING DETAIL ABE MATERAL T V �E—OT E .1 TIE BASE��IN U LESS P CASE GOT TO SCALEm B AINACENT BASE AN TIE o€ HALL BE CEMENT STARNISED GATED OR STAINL B CARRIED PIPE oFILL 11 s DHS OF DEMENTiD» 000- €„« WELDED STEEL OR STEEL C1FTl PIPE GE L11 E.1°IIND DUNNED suPPORT a E:cAva IOI O *NOTE: —SEE NOTE z 'D RDNNERS g ABOVE PIPE (SAID AAAiRTAe�z-NEM A f SD, 5� d a ° BE LEANDH� DAPEaPEND� LLNDTBEPEaMII°°�a ..l.T1=ATDDFs.DaLEuwONE PEaPEND Go 12"TO 36"CASING DETAIL 12. B ION ^ELT° a NOT TO SCALEALL REDD AND IN TAT SAIIHIP 11 GRANULAR MATERIAL SEE TABLE, of "IT ITS—NCLUDE a.TOA�EME:aEa�aa� 'DsoawloEF RNE CAPPED SEE DIA+z °ELK o :x�°:b AE o:xE _ SEE NOTES MATERIAL - BNmAMEMENTRE�IR, ANY MR�N '',°"Y'°AN MUST AT „AND DTNDETNE n MAXIMUMABLE 1 IAIINI OF ONE SIDE OF DINT ° TRENCH BACKFILL FOR WASTEWATER LINES w°vpMRA La oN"E`' aII W CASING DETAIL AND PAVEMENT REPAIR FOR UTILITIES MDSTDE NOLDDEDINTHEDRA o NOT TO SCALE NOT TO SCALE o GENERAL NOTES FOR BACKFILL TABLE L TABLE 2. U BEDDING AND INITIAL BACKFILL FINAL BACKFILL (BELOW PIPE TO 12"ABOVE PIPE) (GRETER THAN 12"AB OVE PIPE) UNPAVEDAREAS PAVEDAREAS ALL BEIIINI AND AT lACIF LL IIALL CONS ST OF TIE FOLLOGRING OR A FROM 11 ABOVE HIRE TO A FROM 11 ABOVE I IF TO A GELOGS BOTTOM OF BOA BASE AC CASING NOTES:_ SELECT MATERIAL FROM EoCSVATO,OR & �EOD OF DR'�s�iN�"dE NATOAL L STONED OR OR GRAVELDY MATERIALMATERIAL FROM THE EoCAVAU MORTED OR OR ED MA ERAL MATERIAL SHALL MEET THE FOLLOwINc_ z Q �rN 4P�'LAMPLE CATMCN,AND ILL°rHIBVN S SHALL BE SEE �Ra rE o ME AND THE To OINDLL DRITER�REMENTS OFq TM Dzae,FOR USE MATERIAL D MAA TD DE PLACED NO GLUT S I I GIA=TD PRDDTDR z � � 1 CAB A CASING 3 THE RE p°Y I ION. O , o e ONLY ON B nPE TORT RESTRAINTS APPROVED EDUAL STD PROCTOR osse,-9 MATERIALF 11 FROM E.DAVATION 5 Q SHALL BE USED SI-Sm I CASID SIACERS SHALL BE DIED TO SECURELY FASTEN TO THE CARRIER HIRE 0 DON �IN=DMS U. D TO - m Q W BAN'SHALL A 'OST ON NI OF T HE SPACERS SHALL ENSURE T THE CARRIER IER PIPE A " DPI"z„ f 3°e OF OPTIMUM. SS FIT EE 11 E z ITEM D DEFTEN STAFF RIEEQIN S_NTS,THEN USE CEMENT EACHIAS B SPACERS AT END SHALL NOT BE FURTHER THAN Tz FROM THE END 'Lasrlmx wDEZE(Pp}0 NP TO LD MAz P ROAD BASE T � I. E SECTION. �� ECAVATO Ns aavEL)mEEr E usE causHE IS OF THE CAB NGP eDrrOx}i OF ROOD BASEMENT STABwzED I. ¢ CISTALLEI I THE CENTER OF THE THE 10 ENIS OF THE PRODUCTS SYSTEM NC.MODEL Az zIPPER,Ps MODEL c END SEAL,OR AN LACED ONE OR taus EEDOARSE AccREcarEcr.Dor ITEM azi.GRADE z THICs�1roNA�raucrioN To AND All �oF�HgsHskE�erHEEFOLLowiNc 6 � w TopSOLE REQUIREMENTS APPROVED EouAL. OR R a. STOP METHODTO BE PLACED ON N u e_CRUSHED uMFsTV—ITEME.2 NE PER T. EM a2L GRACE 3,OR PASS HTD - a HOD PC IS IS 15-11, P FPDSOO_MOISTURE TO SHEET 61 of 68 �MA'NUSLEOATo OF AECOAD&RASING NO TO(+/-z9)OF OPTIMUM_ III Tp r-a CONSULTANT'S SHEET NC s  na A �� o= I ���� OP� ONE BARS "C" _ e r secx1,11 e c<EA reaaT a. o om<�F rec°wm I—S z 1. �[a w�c res e,'o./ NCH[ `qs Bares( 10HAL) ��o€o€ � aomn o>P.T A ... .° "I"11Z,Ecry aowT Pmm rA�A), .aAa s eats w 1 A11- goamg. Es / /,'- /'a ° /a'-sI ar corery Tres rec¢'o) �r119 n PLANOFP0.4T/NLET �A�RAD,°� oLr7.NOF5'STANOABD/NLET <i <i.� n-a- n� ra-a- T �2- svccaL mor- ^aT To sIALE i <r<b- 1, - �n�- rro._a- NOT To sIALE 111114 rnX 12 OwsL > lox r°"se""""_) o_a°.a 2-a- .1P�,°-asM Z t�cw 08='. wAE1=.aNaarm OEI.—TsEls. #o aHNo s<, sossw oMio of €� w aA TH ro sroR �=Ea TLUSH a RE1 12 oo" TAT aL ­NE1 o° FONT PE a �AEre o �'o 5 0 ®� o TO OUTL o�oE w,6" �n0 _ SLO AS�a° a ��a= 0 114 PPEAI r� `, � ° °aT�PPENA.are�O N �" h T- tea, PPa aw o 0 mow a->o,11 'IRA m �Q eEa iaPT—ALIOH-HT A, Rle�o Ao'A REd TEre�N� PLAN VIEW GRATE BLOCK _"ma`s A­ aw Pm rows s� a.., SECT/ON6B -• E eAS .PIE ar s.�,cv�aw sca RRn rein"�`o mac �r PICKSLOT DETAIL ` `� c �o c o 4 o F h aLrJsrRr.�ra L'i 11 PIP, l—u�i.�rew� c •z�- aom•,r oP.rO.v,�c -°� a ra -( a..ONs­0re SECT/ONAA >_,,.,na "°T T°a`"" GRATE SECTION RING SECTION pLANOFSTANOANOONATE/NLET "z _ - >��- s�° �aT TO s��s q <are a -A�Js.,ron• °Arens T,eArJs..ron• � area_ � O rn r<-e.-a- A11A—IAAs � r-are 1�°n; ',� a xi®a�z.. C/TYSTANOARO/NLETANO S/OiYAL/T re"rs`'EO PV - wi% a, w r ENIil/AN//OLEB/NO B COYEBCAST/NOOETA/LS z l�bwri,�, a°�l � aAsa are sA.s�Pacar� NOT TO sa,LE F= IN ET AND SIDDRALK MANHOLE RING&COVER NOTES LIE III './1-,P°,pro La,P, - i<.�`��,rer�„°.� o 2 THESE a��.E.r.. ENDEDas TreUs TO PATT=reN.TOreM.ANa a�M CNs.NEE EOM sreAs�.=PONs�Ns==A. a r P,auAu x ERT III 11 area uP,a a oAla„=N�AT r s o ore vR..�o - PaaE,EHT are revs. :`s4'a Eo a pMLNa oN aorH wars e seeEr 62°r 68 FLO{YL/NE r"A1S/T/GNAT/NLETFORI 'HER caao oreawrNc Na. THE R­ 4-VA d-STO.C!/NBANO O!/TTE/PFIT T SECT/ONGC aeEcr d CDNSULTANT'S SHEET NC IE U T ore SEE vary rare RC arvO LOST <oF^ 5 mrv. s Ivsore rec acz nrvo pry(TVP) aOO.OrvaL eE earea a rePu_N a� wN ffi LL�Tory mv) IEE o Ova nry mv.) off m=) �� paw e O< wka¢a rvG rvnL Ns urvv�mvcx I mix luc(Tn.) IER vErvlr Ery IC RIE rvro<rI- J %. L :I: q E�are J rye. L E�are ov V Na an �o (iOF swa)a ocEw. HssO�aw� rvw� a� IL m €€ v� waT<�, av DTE mba PRE CAST CO E 1E TEELLE nC�arv< a a a as s o 1 w 11, P« o v Try ,a �—El vary arvo vreo<� E 2GERR vary arvo vreo<LN �aT<re <ILN reef aezN'u Aa'cNa s Wre ueTwnr PLAN PLAN PLAN !(ZWMIOETAIL TYPE A"6fANHOLE TYPE B'iJMAFIIOLE TYPE C'AIARROLE TYPE O'i"WOLE g v a UGT TO I—E Go rvOT TO.,—E rvOT TO.,—E O aa,TmEOECUE marvxOLL relnry a c�E III Q n an!`Tmv)"` Cl LE inco �� o)T/a' a flao oeYE vvE an svncra Is nm vnvomEry ErE � ref vevnlsslaI USIEMEITcnory 101 U ti o cusom • Flrvlsnso vnvsm ErvT EwEre Hov a��TTom Ew. Nrei res P �EW�TC rvr y ccPPLSc cI.E—vireo reo �NRUEo vA ry M—LE ac y s w n role LII A m9' , z a N om b N rorez anres 1_ o Biz" c =a /�o n I _ m c.ac mu. oc.mnz ul rec.acz ore X oc N ~ m COVER BACK (T)ov Lw ry g vcwoEc oRw Tom Ervl c c Ew n ttssso Tausn T N v ore e rc .UToure—om 7 rc m '=ULR To OUTicTF Alw¢ mnrvnoic To ouTI.ET a vs vvs w/�reouT > > zr Es PLAN VIEW PICKSLOT DETAIL I °°`w<w�pyo p a«„�-,x,p,oeTal� = x oERT.TC oc m ,' A P Tz E Q E s/a'on zs /z'oln ore AS on v ry N (T IRE ry e e u O m m ze e UY AT ) c T mrvo�s 31/4 sv. � M NE 11 acs a (sEEoTE z) n n— m dZ' u sI a s/a'ow As A Ss oow¢s o NOTE En w r (1YP) 'J o COINER SECT/ON FRAME SECTION � I— irc vvEE rv<T s�wry a a o.o»E Mx Q c care anre sxowry Fure..uwn C/TYSTANOAROROAOMY'4)' AA'A'OYE SECTION SECTION E��IAITEp°ogsq SECTION R/NOB COVER CAST/NODETA/L TYPE B'AMVjVOLE TYPE C'AMVjVOLE N °re RElRRE`l,�"A oT;l TYPE O'iffANNOLE sHowry F re �ROT z o UAT TO acaLL TO IIALL T TO IIALL (aEE DATE 12) rvOT TO 11ALL d a o GENERAL NOTES FOR cRETE DRAINAGE STRUCTURES cn N csEaOA�EyAOED EH :rarvwreoE—EG FOR THE ry ,«^ �TEa ary THE vLL are v«ITTRM Ea IrvTEI waTlrv< Tlrv«.FILLE—AT arv<LEaTH, _LL 'ERLYTHE a rea. are =a THE EnalrvEEre. a are EL.—Al., THEre Eo(I11 Mery ao)1v THE LawEre rorv<reE<E roams rvalarva. WEGHT,OF F _ —RE<aTE T—T ITEm 4T�ME a are a. seee7 63 or 68 . v reOF< l . 6"pia" a THE—T—TEl—All-NEI THE WALL vas I LL IaE THE O H T reT �OTD �n " sD ^ oaTo nry caao oreawrmc ma. R.arvO c<oEA a�LL aE OlvvEo w�aL Tare ore,>sv�LT. MAUHOLL 11.—c<OEI F01 avEIAL curea 1—T .norem warere aaeEcr d CONSULTANT'S SHEET Na Tw,rvs T ory TI-1-N IT-L rvE s 0'sr Nlo s T-1 E 1Tm H-LINI Pore recvucc ExaTrv�rervc 2 Xv mrvr.(a rem o) MgNHOL :xvEre a Pore ctt or grvo x + d or cuTTm e' cures rvicr e' of�urTEre P GRIM CHRIT sgN-I m C (0'TwoTE) (T0'TncgE) E. zwaadQ -A Ell ER�t vq�re T(-E n6 puc -- creETEE o0o vreov.rec.vvE c nnHOT om b �L- - �I - OC­ - �e (I OE�areiPmE ZOT- M� ---- �e oodsae) PLAN o` arv) r�mW o ,a s.R«ouT wgLL of _ER ,Tre rev,rewq,S7ore oo.EEs®i�nc a�LL s�rvTo E.sT.coM µo EMreEo S7grvHareo cuas�rv�T :H'a`��"uovoreTMgrvH�u-anw F rE"ga6o ^ati s ro gmoMOHaTE�rv�T 0 ,v q"°`°'� ` -E-ON '°� '- eE"T'a6"uuH�oaHo CEEB vas( wore€n:� „ NIHED vgxEwE sorvx (E ) oog� a ) e(HTi:YoiE°" w a ox c off"(TY°`)" E m qP o „ oreM-H� so F REE � f aE) s CURB/NLET THROATE.iTENS/ONPLAN "F 10 re"'°" n„w"LET - X E P� OC w mg (E E a � 57 rvs�ry Po s�u< wHEx R cvum ro s H: 0 ov NOT To�q� MgTEre�gEi' eE 0 R�I�EANOREPETI.CE��re re = Ews 1 f of a,�X 0s o REFER TO of aEC ETo�rexrorereEER�n w� �v OFEX/ST/NG CURB/NLETOT��g� g reTo o. o sgcxT EE ro TOP PROP P/PETOEX/ST/NG a o 1� oC o x) aT To-LE � d maTTr�sre. ETA/L RC.BOXCONRECT/ONOETA/L X< :-qT CURI wT`wre xET - rvoT To>�� 1ER �AT.� Xn Le_ of sAND A"Ly orvo rv0 ENT +10�00 vo 1CRE E �= w _��HcmT�roreM OR-ER-ELL. e, DRILL AND�*TXE so,cuwmT _ X<mw. �ry 4 o oRArec vreov re HO Tov OF so,)" III d � sTwRo-vv �.� �II ox vEw��su-f —F ea o 1,0C ,o mMgry �-,J. (sEE"qre Es sEE varvs) ' -° 're SECTION X3 s a,. o SECT/ONAA if1ANHOLER/SEROETA/L ro E,",�rvv PIPE ore S7re�TreRNI OR T"-�" rvoT To sew rvoT To sew EX/ST/RGRC.P/PEPLOG COMM ETE COL LAR WTAIL v ljVPAVEOAREAS PAVEOAREAS UNPAVEVAREAS L PAVEOAREAS Pore 1- reE<E vgxEwEM E NED ��°vEre va„c reE<E vgxEMmT GENERAL NOTESFORBACA�/LL rovRo�m sE vrear�xEx rovHgET OR PONI rovRo�m sE HAFT ore PONc IUAE ore sE<HEre TH,ry '� rougE ore sE<TE'a�Tw� ExOT.(a MAN.D-H) A-T(a Mery D-H) T TAe�E i Tna(E a 0 — BEornwc ANo i HArxErvi =wAi HAruEui (BELOW PIPE To is AeovE PIPE) (GREATER THAN is A-E PIPE) -- -_ UNPAVEUAREAS PAVEUAREAS Q lTl lA 5` errs. - 5 uc recoccco er creusnwrc or xaTurzai nc"E w creavu.scwEre urEs. z o E>r sn(uru osz)sroM>aoe*oa reocrav oervs R sro mas All A ereirEnu aerc.usE vm rnE roeeowwe. a"o snaee ,7 F o o ry(wsrMoeee7 z 4 z E�ILEIT e>cunu MgTmwE 2 rR i r TOR I IA O © =o maw E c %N coM`g D " E.cc a ROnsT•a aa°v"a Pon oms vino .a z s�iaesi[ v onaa owsn EHOITOT [M A casvao AlLTED // j�Y� _ a"o no.Pre IAre(osssJ.ss. ATE"A Q a o(n 'ATE �i zC.rE I ( rvT(rvrt qE sncuEiEE) zOuax. To z zf.or ovnr-wn. STaetuzco RE .w"o scr raetHENcreoao�easE T A= o EE T To e(uTM o sa)revq osss)sEc TAILS 2 M A ore oEn¢-ED TO N sTq o wvweo smvE o wu�%AAHL ucrmry s'naoano.N__ ewmw or reoao 9asc -ENT(rvrt qE sncuEu) m(psTM"ossa) vaocrore omsEtts(psTM"ossa) -s o sq nc area maRsx as�',wEzarE rmw i>E/n az znacE z.z, (..E-TING AND-CH reEaulreEUEN IALL xrsT mE rottorn"z V (e sgaa TCEM_Y,Y"o quo) tY vR.Tore omsars(As D Dees) lm no.N a eE i mmvgciEnTo a.carwcTE m. ­AITED TO n sa"o an ucM s7aeiuzro o a+2 b o o+2 0 "��A_,uNIa vvc swauvt ma"Ts.usE a 2vE E.PBSSN`4/. UP E fCONCREfE P LYl 1N I vive tore zvEaTEre rna"T1.trsx e wswuuw eEcow o"ap­CHJ cTn eE vu¢o o NOT ED naT ro ExgEE �°`"EaE ATE a°RTC°`""v`E w`Tx sEEE`T rvoT To E 4 R sarxs rE ;°P o g S coao oreawrNc n-o68 rGx vT�"re TRENCN6ACKF/LL o TRENCNBACKF/LL FOR STOR6fff4TERP/PES FOR STORAf ffWTERRC.BOXCUL I1ERTS aE a C­ACTre'ro r+`ire n -IRE c d CONSULEET SHET NA W4MR VISrRISIMOW SrSrMA149--AiI NOTES SZPARAMWOF WAMRA)KO WASrhMAMR "IvEs MAIPAMERAR"S PAMERARAFAS R M. "'AGG, G, A', AN. 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I-11 relwRaPPm aIIIIHHILIIIE � re ren�HE�h, - PAINT o FN Mw, E,ma MET"roUP�NN�n .H ME . ,�L�EwPaL .EHE, RE­11 PAINTa ! oQ q - o �zw ro 11ENEroP� , IIEM M�ER� ,reEre w MYTENTINUE Hare,Eaa,� COPPERER�E re z o�Pa�Ep; ,a� � Q a ,a ,i .orea�.F;n �o PE,EoaEre SER4/CE{Y/TNSIMMALA"MOP TO CORB r,Eov-ire a„<sP,Mroa. �N,IN a —P I I.C-I�P I_r o Ere of„o=E NM` a SHEET 68 rer 68 rren Ha INT �EHH�amH ,- weo oenw,mc ma BOLLAROOETA/L OF SO—TO oEwaMIEI Rw�reE Pw�o ecMno TYPICAL CONNECT/ONOETA/L HI**I H�LE CITY rg EXHIBIT 4 Exhibit 4 ENGINEER'S ESTIMATE OF REIMBURSABLE COSTS FOR PUBLIC WATER IMPROVEMENTS KASPIAN SUBDIVISION UNIT 1, CORPUS CHRISTI, TX Water Arterial Grid Main Construction Item Quantity Unit Unit Cost Item Cost 1 16" PVC water line 3,990.00 L.F. $ 190 $ 758,100 2 16" Bevelled gear valve & valve box 9.00 Ea. $ 20,500 $ 184,500 3 16" x 16" x 16" M.J. tee 5.00 L.F. $ 1,800 $ 9,000 4 16" x 16" Tapping sadple, valve, & valve box 1.00 Ea. $ 22,000 $ 22,000 5 16" in line M.J. joint r(;!straints 10.00 Ea. $ 500 $ 57000 6 16" x 12" M.J. reducer 1.00 Ea. $ 1,200 $ 17200 7 16" x 8" M.J. reducer 1.00 Ea. $ 800 $ 800 8 16" x 6" M.J. reducer 3 Ea. $ 800 $ 27400 9 16" M.J. cap 1.00 Ea. $ 800 $ 800 10 12" M.J. valve 1.00 Ea. $ 2,400 $ 27400 11 811 M.J. valve 1.00 Ea. $ 17200 $ 17200 12 6" M.J. valve 3.00 Ea. $ 17000 $ 37000 13 Fire hydrant assembly 3.00 Ea. $ 67500 $ 197500 14 Trench protection 37990.00 L.F. $ 3 $ 117970 15 Stormwater Pollution Prevention 1.00 LS. $ 7,500 $ 77500 Sti Sub-Total Construction Costs $ 170297370 Engineering 8% $ 827350 tip{FN: 4ys%o�A�:�> Construction Staking Supervision @ 2% $ 207587 � loa3 TOTAL $ 1,132,307 Contigency 10% $ 1137231 Total Construction Cost $ 172457538 EXHIBIT 5 • DISCLOSURE OF INTERESTS Development Services Department 2406 Leopard St.Corpus Christi,TX 78408 1 Phone:361.826.3240 1 platapplication@cctexas.com City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". NAME: MST, LLC STREET: 5626 Ocean Drive CITY: Corpus Christi ZIP: 78412 FIRM is: ❑Corporation ❑ Partnership ❑Sole Owner ❑Association ■❑Other LLC 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 Christi having 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 CERTIFICATE (To Be Notarized) 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: HOSseip, MOstaghasi Title: Senior Trust Officer (Print) Signature of Certifying Person: Date: 1 2/6/2023 Land Development Division I Form No.4011 Revised 6/13/19 1 Page 1 of 2 Water Arterial Transmission & Grid Main Construction & Reimbursement Agreement Ordinance authorizing a Water Arterial Transmission & Grid Main Construction and Reimbursement Agreement up to $1 ,245,538.00 with MST, LLC to construct a water arterial transmission grid main related to Kaspian Subdivision Unit I located south of FM 43 and east of CR 43; and appropriating and transferring of future revenue from Water and Wastewater lot and acreage fees and pro-rata fees to the Water Arterial Transmission & Grid Line Trust Fund to reimburse the developer per the agreement (District 5). City Council August 13, 2024 Location • F ,y, _ APPROXIMATE LIMITS � OF KASPIAN ,�' SUBDIVISION in C.R.Y2:•__ _�� - _:_ . LOCATION MAP FOR REIMBURSABLE WATER AND WASTEWATER IMPROVEMENTS A GOOgI2E8rth KASPIAN SUBDIVISION �-�� o aa�o If Total Reimbursement Estimate Water Arterial Grid Main Construction Item quantity Unit Unit Cost Item Cost 1 16'PVC water line 3,990.00 L.F. $190 $ 758,100 2 16"Bevelled gear valve&valve box 9.00 Ea. $20,500 $ 184,500 3 16"x 16"x 16"M.J.tee 5.00 L.F. $1,800 $ 9,000 4 16"x 16"Tapping sadple,valve,&valve box 1.00 Ea. $22,000 $ 22,000 5 16"in line M.J.joint r(;!straints 10.00 Ea. $500 $ 5,000 6 16"x12"MA reducer 1.00 Ea. $1,200 $ 1,200 7 16"x8"M.J.reducer 1.00 Ea. $800 $ 800 8 16"x 6"M.J.reducer 3 Ea. $800 $ 2,400 9 16"M.J.cap 1.00 Ea. $800 $ 800 10 12"M.l.valve 1.00 Ea. $2,400 $ 2,400 11 811 M.J.valve 1.00 Ea. $1,200 $ 1,200 12 6"M.J.valve 3.00 Ea. $1,000 $ 3,000 13 Fire hydrant assembly 3.00 Ea. $6,500 $ 19,500 14 Trench protection 3,990.00 L.F. $3 $ 11,970 15 Stormwater Pollution Prevention 1.00 ITS. $7,500 $ 7,500 Sub-Total Construction Costs $ 1,029,370 Engineering @ 8% $ 82,350 Construction Staking Supervision @ 2% $ 20,587 TOTAL$ 1,132,307 Contigency 10%$ 113,231 Total Construction$ 1,245,538 Cost 3 Trust Fund Balance as of July 31 , 2024 Available Combined Trust balance as of 07/31/2024 as reported by Finance is: -$9,300,825.71 Individual Trust Fund balance break down WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust -$2,5249781 .01 $295552.84 -$7,150,039.26 $3449441 .72 Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. s F.M. 43 WEBER ROAD) 1 4 ;f, Eyhp�br/01 16. xr� APPROXIMATE LIMITS e��caa �rosp� t — ' OF KASPIAN a SUBDIVISION ; M G^ a .o � i � � ;�\ �,• ,�-.-: '+��`�a e ., �,� `°?slap , VLo ake+ di C.R. 22 - R6 lk...` pr O � K'e41r�� LOCATION MAP FOR REIMBURSABLE WATER ` A-ND WASTEWATER IMPROVEMENTS ;^; Google Earth KASPIAN SUBDIVISION ©2021 Google 4000 ft Ending Cash Balance Table (Beginning Cash Balance Plus Revenue(Table 2)Less Expenditures(Table 3)) Water Arterial Water Distribution Water Trust Funtl Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Grid Main (Cash Management) System Collection Line (Cash Management) Main Funtl:4030 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals Funtl:4030 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Org:2209 Account:209020 Account: Account:250410 Account:250420 Account: Account:209010 $ 164,159.10 $ 56,284.55 $ 3,202,816.65 $ 362,272.39 $ 3,795,532.69 Ending Available Balance Table (Ending Cash Balance Less Outstanding Obligations(Table 4)) Water'on al Water Distribution Water Trust Fund Sanitary Sewer Trunk Sanitary Sewer Sanitary Sewer Trust Transmission&Gritl Main F Main (Cash Management) System Collection Line (Cash Management) untl:41361 Funtl:4030 Funtl:4220 Funtl:4220 Funtl:4220 Row Totals O Funtl:1811 Org:21806 Org:10830 Org:21811 Org:21801 Org:10830 Accorunt:209010 g: Account:209020 Account: Account:250410 Account:250420 Account: 09 $ (2,524,781.01)$ 29,552.84 $ $ (7,150,039.26)$ 344,441.72 $ $ (9,300,825.71) Pending Projects:08/13/2024 Council Agenda Cats Project Amount 8/13/2024 Azali Es[a[es Unit 3 $ 136,87031 Balance$ (9,437696.02) 8/13/2024 Starlight Estates $ 393,88830 Balance$ (9,831,58432) 8/13/2024 King's Landing Unit 9 $ 131,83550 Balance$ (9963,419.82) 8/13/2024 Kaspian Subdivision $ 1 245,538.00 Balance$ (11208,957.82) 8/13/2024 al Oak S-h(Wastew $ 365,02894 Balance$ (11 573986 76) 8/13/2024 R,yd Oak South(Water$ 141 108 94 BALANCE:$ (11,715,095.70) AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI PROFESSIONAL FIREFIGHTERS' ASSOCIATION October 1, ION2024 thru September 30, IO42028 TABLE OF CONTENTS Article 1-Preamble.......................................................5 Article I1-Overtime Pay Article 2-Definitions.....................................................5 1. Use of"7(k)"Work Cycle in Operations.....2-A21 Article 3-Recognition...................................................7 2. Hours Worked..............................................2-021 "Kelly Days"................................................. ..21 Article 4-Duration........................................................8 4. Base Pay and Add Pays....................................21 5. Overtime Pay for Operations Fire Article 5-Non-Discrimination Fighters.............................................................21 6. Overtime Pay for Non-Operations Fire 1. Association Membership....................................8 Fighters.........................................................2422 2. Protected Status..................................................8 7. Effect on Other Laws.......................................22 Article 6-Management Rights.....................................8 Article 12-Health&Life Insurance Article 7-Employee Rights 1. Health Care Insurance Plan and Life Premiums......................................................�23 1. Written Rules and Regulations.........................10 2. Life Insurance and Premiums.......................3�28 2. Non-Interference with Personal Lives............ Premiums Corpus Christi Fire Fighters Dental Plan......3.429 3. Residency Requirements..................................10 4. Corpus Christi Fire Fighters Vision Plan.....3431 Article 8-Association Rights Article 13-Supplemental Rights&Benefits 1. Payroll Dues Deduction....................................10 2. President's Time Off........................................I I 1. Uniforms ......................................................3-732 3. Association Activities.......................................12 2. Mileage Allowance ......................................3-933 4. Association Use of City Facilities....................13 3. Meals............................................................3-933 5. Association President's Access to 4. Relief............................................................3-934 Department Premises........................................13 5. Reassignment from Fife greveit4oa 40-Hr. Staff 6. Association Access to Fire Cadet Assignments.................................................4934 Orientations......................................................13 6. Assignment Preference Forms......................3-934 7. Firefighter Training on Agreement...................13 7. Station Assignment by Seniority..................4934 8. Action Outside City Limits..........................4035 Article 9-Base Wages,Fire Fighter Classifications 9. Toxicology Reports......................................4036 &Steps 10. Legal Defense of Fire Fighters.....................4036 11. Copies of Agreement....................................4437 1. Fire Fighter Classifications and&Steps.......1 14 2. Wages...........................................................4415 Article 14-Association Health&Benefits Trust Fund Article 10-Supplemental Pays 1. Trust Creation...............................................4237 1. Certification Pa 16 2. Indemnification............................................4237 y............................................... 2. Assignment Pay................................................16 3. City Payments to Trust.................................4237 3. Temporary Duties in Higher Classification Article 15-Holidays&Holiday Pay Pay....................................................................18 4. Education Incentive Pay................................ 1. Recognized Holidays....................................4237 5. Longevity Pay...............................................4920 2. Pay for Holiday Work..................................4338 6. Emergency Medical Service Supervisory Officers.............................................................20 Article 16-Sick Leave&Sick Leave Pool 7. Performance Award..........................................20 8. Bi-Weekly Pay Periods.....................................20 1. Accrual of Sick Leave..................................4-438 9. Dog Handler Pay ...................................20 2. Use of Sick Leave for Personal Illness or 10. Voluntary Wellness Program.....................20 Injury............................................................4439 3. Use of Sick Leave for Immediate Family Member........................................................4439 2 4. When Physicians Statement Required..........4439 6. Promotional Process-Battalion Chiefs& 5. Sick Leave Retirement Pool.........................4439 Competitively Selected Assistant Chiefs.....�653 6. Drag Up Pay for Unused Sick Leave............4439 7. Promotional Testing while on Military 7. Drag Up Pay Rate.........................................4-540 Leave...........................................................-5-856 8. Catastrophic Leave.................................41 8. Life of Promotional Eligibility Lists ...........-5-956 9. Notification of Promotion............................-5-956 Article 17-Vacation Leave 10. Promotional Examination 4 Eligibility for Current or Lower Rank/Classification....................-5-956 1. Accrual of Vacation Leave..........................4643 2. Use of Vacation Leave for Death Not in Article 23-Grievance Procedure Immediate Family........................................4643 3. Drag Up Pay for Unused Vacation Leave....4644 1. Purpose........................................................-5-357 4. Drag Up Pay Rate for Unused Vacation 2. Initiation of Grievances...............................6057 Leave...........................................................4-744 3. Grievance Procedure...................................6058 5. Vacation Leave Buyback Program..............4-744 4. Arbitration Procedure..................................6+59 5. Enforcement of Grievance/Arbitration Article 18-Personal Leave and Military Leave Procedure Time Limits................................46460 6. Arbitrator's Ruling Binding;Election 1. Personal Leave....................................4-945 of Remedies.................................................46460 2. Military Leave....................................4945 Article 24-Appeals from Disciplinary Actions Article 19-Injury Leave 1. Preemption...................................................6461 1. Line of Duty Injuries-Leaves of Absence ..4946 2. Disciplinary Actions.....................................6461 2. Definitions....................................................4946 3. Disciplinary Investigations&Procedures....g5.62 3. Permanent Disability Determinations/ 4. Appeals of Disciplinary Actions to Reappointments ............................................4946 Arbitration....................................................6663 4. Entitlement to Leave Upon Disability 5. Judicial Appeals...........................................49.65 Retirement.....................................................5847 6. Agreed Modifications of Contractual Time Periods.........................................................."65 Article 20-Work Hours Article 25-Severability...........................................F865 1. Work Week and Duty Hours for Operations Fire Fighters..................................................-5947 Article 26-Negotiation of Successor Agreement 2. Work Week and Duty Hours for Non-Operations Fire Fighters.......................-5448 1. Association Negotiation Team;Paid Time 3. Call-backs.....................................................-5-249 Off................................................................4966 2. Bargaining Period.........................................§366 Article 21-Hiring Procedures&Probationary Period 3. Designated Bargaining Representatives.......6366 4. Duty to Bargain in Good Faith.....................§366 1. Standard Hiring Process...............................-5-249 2. Alternate Hiring Procedure..........................5450 Article 27-Impasse Procedure 3. Probationary Period for New Employees......5451 4. Reimbursement of Training Expenses 1. Dispute Conference......................................-7067 Upon Early Departure...................................5451 2. Optional Mediation After Impasse...............�067 3. Fact-Finding..................................................7068 Article 22-Promotions 4. Binding Arbitration......................................�69 1. Promotional Examinations-Firefighter II..5451 5. Resulting Successor Agreement...................7470 2. Promotional Examinations-Captain..........-5552 3. Orientation for Firefighter II Drivers Article 28-No Strike,No Lockout.........................7470 and Captains ................................................-5653 4. Corrections to Promotional Examination Questions................................-5653 Article 29-Miscellaneous 5. Notice of Promotional Exams& 1. Amendments to this Agreement....................7471 Source Materials..........................................5653 2. Rulings and Records of Civil Service Commission................................................... 471 3 3. Labor-Management Relations Committee.....7471 4. Identification Cards.......................................7471 Article 30—Drug&Alcohol Testing Appendices 1. Drug Testing Policy&Procedure..................7471 A-1 -DUES DEDUCTION AUTHORIZATION..........9481 2. Selection for Random Drug Testing.............7472 3. Discipline for Drug,Alcohol Violations.......7472 A-2-SPECIAL ASSESSMENT DEDUCTION Article 31—Deputy Chiefs&Assistant Chiefs AUTHORIZATION...........................................85K 1. Deputy Chiefs...............................................7472 2. Assistant Chiefs............................................�72 A-3 -TERMINATION OF REGULAR OR SPECIAL 3. Number of Appointments to Deputy and Assistant Chief..............................................7472 DUES DEDUCTION AUTHORIZATION...............9483 4. Salary of Deputy Chiefs and Assistant Chiefs............................................................;573 Appendix`B"—CALL-BACK PROCEDURES......... Article 32—Emergency Medical Services 1. Certification Requirements...........................�73 C-1—GRIEVANCE FORM................................... 2. EMS Ambulance Rotation Requirements, Exceptions&Moratorium............................7475 3. Grandfather Provision....................................376 C-2—RESPONSE OF UNION GRIEVANCE 4. Matters Related to Failure to Obtain&Loss COMMITTEE.................................................... of Certification...............................................376 5. Assistant EMS Director.................................376 6. Temporary Reassignments- C-3—RESPONSE OF FIRE CHIEF.......................4495 Firefighter II-EMS........................................4077 Article 33—Promotional Bypasses C-4—RESPONSE OF CITY MANAGER................4996 1. Involuntary Promotional Bypass ...................�877 2. Voluntary Promotional Bypass.....................4478 Appendix"D"—FIRE DEPARTMENT DRUG& Article 34—Complete Agreement/Past Practice ALCOHOL POLICY..........................................9497 1. Complete Agreement....................................4478 2. Past Practice..................................................4478 3. Limited Exception to Past Practice...............4279 Appendix"E"—Team Member Participants..........4- 6104 Article 35—Conflict with Civil Service...................4279 Article 36—Concluding Provision...........................4M0 4 Article 1 PREAMBLE The following Collective Bargaining Agreement, hereinafter referred to as the "Agreement" is made by and between the City of Corpus Christi, Texas, hereinafter referred to as the"the City", and the Corpus Christi Professional Fire Fighters Association, also known as the International Association of Fire Fighters, AFL-CIO-CLC, Local Union 936, hereinafter referred to as "the Association". The City and the Association agree that the intent of this Agreement is to establish compensation, working hours and conditions of employment for the City's fire fighters who are represented by the Association. This Agreement also promotes and fosters the harmonious relationship between the City and the Association. This agreement has been negotiated through the collective bargaining process pursuant to Chapter 174 of the Texas Local Government Code with the objective of serving the aforementioned purpose. Now, therefore, in consideration of mutual promises and agreements contained herein, the parties agree as follows: Article 2 DEFINITIONS The following definitions apply to terms and acronyms used in this Agreement unless a different definition is required by the context in which the term or acronym is used. 1. "Agreement" means this collective bargaining agreement negotiated by and between the parties. 2. "Association" means the Corpus Christi Professional Fire Fighters Association, also known as Local 936 of the International Association of Fire Fighters, AFL-CIO-CLC. The AFL is the American Federation of Labor. The CIO is the Congress of Industrial Organizations. The CLC is the Canadian Labor Council. 3. "Cadet" means an individual who has been hired to fill an entry level position in the Department but who has not yet successfully completed the Fire Academy and been certified as a fire fighter by the Texas Commission on Fire Protection. 4. "City" or"Employer" refers to the City of Corpus Christi, Texas. 5. "City Manager" refers to the City Manager of the City of Corpus Christi, Texas. 6. "Civil Service Act" or"CSA"refers to the Fire and Police Civil Service Act, Texas Local Gov't Code Chapter 143. 7. "Civil Service Commission" or "CSC" refers to the Fire and Police Civil Service Commission for the City of Corpus Christi. 5 8. "Civilian Employee" means an employee of the Fire Department other than the Fire Chief and Fire Fighters. 9. "Classification" refers to the Fire Fighter classifications established by the City's governing body pursuant to its authority under Texas Local Gov't Code §143.021. The term classification is synonymous with Fire Fighter"ranks" such as Firefighter I, Captain, etc. 10. "Department" or"Fire Department" refers to the Corpus Christi Fire Department. 11. "EMT" means an Emergency Medical Technician who: (1) is certified as such by the appropriate State agency, and (2) has been authorized by the Fire Department's Medical Director to function in the City as a medical care provider. 12. "Fire Academy" means the course of instruction necessary for a Cadet to obtain basic structural firefighting certification by the Texas Commission on Fire Protection, and to become a Fire Fighter in the Fire Department. Cadets may also receive EMT or Paramedic training while in the Fire Academy as required. 13. "Fire & Police Employee Relations Act" or"FPERA" refers to Texas Local Gov't Code Chapter 174, the collective bargaining statute under which this Agreement was negotiated. 14. "Fire Chief' and/or"Chief'refers to the Fire Chief of the Corpus Christi Fire Department. When an action requires action by or approval of the Fire Chief,he or she may delegate his/her authority to appropriate subordinates. 15. "Fire Fighter" or "Employee" means a bargaining unit employee covered by this Agreement. 16. "Fiscal Year" means the City's fiscal year, currently October 1 to September 30 of the following calendar year. The City may alter the fiscal year during the term of this Agreement, but will notify the Association in advance and provide it with an opportunity to negotiate solely to ameliorate any adverse effects on Fire Fighters. 17. "Full Duty Fire Fighters" are those who have completed the Fire Academy, have obtained fire certification from the Texas Commission on Fire Protection, have obtained any required EMT or Paramedic certification, and have been assigned to an Operations or Non-Operations position in the Fire Department. 18. "Haz-Mat Station" means a station that has been designated by the Fire Department as such by providing the equipment, training, and capabilities to perform Haz-Mat specialized tasks above the Operations Level, as defined by Texas Commission of Fire Protection. 19. "Member" refers to those Fire Fighters who are members of the Association. 6 20. "Non-Ambulance Station" is a station that does not have Firefighter II-EMS regularly assigned and does not operate or house a first standby medic unit 21. "Non-Operations Fire Fighters" are those assigned to a 40-hour work week. 22. "Operations Fire Fighters" are those assigned to a 24-hour work shift. 23. "Paramedic" means an Emergency Medical Technician-Paramedic who: (1) is certified as such by the appropriate State agency, and (2) has been authorized by the Fire Department's Medical Director to function in the City as a medical care provider. 24. "Rescue Station"means a station that has been designated by the Fire Department as such by providing the equipment and capability to perform at least 3 of the following "Types of Rescues" listed below at the Technician Level, as defined by NFPA 1670/1006: TYPES OF RESCUES • Rope • Confined Space • Trench • Water Rescue • Vehicle Extrication • Structural Collapse 25. "Single Company Ambulance Station" means a station that has one fire suppression apparatus and one ambulance. 26. "Supervisor" refers to a Fire Fighter in the rank of Fire Captain or above. 27. "Water/Boat Rescue Station" means a station that has been designated by the Fire Department and Fire Chief as such by providing the Station with a motorized vessel registered with the Texas Department of Parks and Wildlife. of 14 feet !a--gef *44 has a fated e t-y to hold at least Article 3 RECOGNITION The City recognizes the Association as the exclusive bargaining agent for a bargaining unit consisting of all Fire Fighters. The bargaining unit does not include the Fire Chief, Civilian Employees, and Cadets. 7 Article 4 DURATION This Agreement was negotiated between the City and Association Team Members, identified in Appendix "E" and shall be effective as of October 1, 2029 2024 and shall remain in full force and effect until September 30, 2024 2028, and thereafter until replaced by a successor agreement reached either through good faith bargaining or use of the Impasse Procedure set forth in Article 27 of this Agreement. Article 5 NON-DISCRIMINATION Section 1. Association Membership. Neither the City nor the Association, in negotiating, administering, or enforcing this Agreement, will discriminate against any Fire Fighter because of his/her membership or non-membership in the Association. Section 2. Protected Status. Neither the City nor the Association, in negotiating, administering, or enforcing this Agreement, will discriminate against any Fire Fighter because of race, color,disability,religion, sex,national origin, age, sexual orientation, or other legally protected status. Article 6 MANAGEMENT RIGHTS Except as specifically modified by the terms of this Agreement pursuant to Chapter 174 of the Texas Local Government Code, the City retains and does not waive or restrict any and all management rights, functions and authority not otherwise abridged, controlled or qualified by applicable law, including the U. S. and Texas Constitutions, federal and state statutes (including specifically the Civil Service Act), the City Charter, local ordinances and resolutions. This means the City has and will continue to retain,regardless of the frequency of exercise,rights to operate and manage its affairs in each and every respect except as restricted by this Agreement and applicable law. These rights retained by the City shall include,but shall not be limited to, the right: (1) To exercise control and determine the organization, operations and purpose of City Government and the Fire Department and to manage its affairs in all respects, including but 8 not limited to managerial, fiscal, budgetary, economic, organizational, operational, community, statutory, legal and other needs; (2) To set standards for service to be offered to the public; (3) To determine the amount of supervision necessary; (4) To organize and reorganize the Fire Department in any manner it chooses, including but not limited to the size and composition of the Fire Department and the determination of job classifications, duties assigned to each classification, number of classifications and number of fire fighters within each classification; (5) To establish, modify, combine or abolish job positions, descriptions and classifications; (6) To assign and allocate work, duties and overtime to Fire Fighters; (7) To establish, modify or change work schedules, staffing of apparatus, and numbers of apparatus in the main or reserve fleet; (8) To transfer work from one Fire Fighter position to another; (9) To transfer Fire Fighters to other stations; (10) To determine safety, health and property protection measures for Fire Fighters and the Fire Department; (11) To hire, examine, classify,promote, train, and schedule employees in positions with the City and the Fire Department; (12) To suspend, demote, discharge, or take other disciplinary action against employees for just cause; (13) To relieve Fire Fighters from duties because of lack of work or funds or other reasons; (14) To determine the location, methods, means and personnel by which operations are to be conducted, including but not limited to the right to determine whether goods or services are to be made, provided or purchased; (15) To add, change or eliminate existing methods of operation, equipment or facilities; (16) To establish, implement and maintain an effective internal security program; (17) To determine, establish, create, modify, enforce or delete departmental rules, standard operating procedures (S.O.P.'s),policies, orders and regulations; (18) To determine, establish or modify policies affecting selection and training of Fire Fighters; (19) To communicate with employees and the public and maintain public awareness; (20) To contract or subcontract out work as allowed by law; and (21) To use non-sworn personnel in any manner allowed by the CSA and any other applicable law. The City's exercise of its retained management rights and authority is not subject to challenge through the grievance procedure but will not be used as a basis to refuse to arbitrate a grievance alleging violation of a specific term of this Agreement. 9 Article 7 EMPLOYEE RIGHTS Section 1. Written Rules and Regulations. The City recognizes its responsibility to reduce Standard Instructions, rules, regulations and standing orders to writing and to maintain the same at each station in order to achieve a uniform interpretation and application of such directives and regulations. However,the parties acknowledge that job descriptions cannot specifically describe every operations duty required of a position,but instead are simply general guidelines rather than specific descriptions of all duties that employees are required to perform. Section 2. Non-Interference with Personal Lives. The City will not publish, make or enforce any regulations or directives that will interfere with the personal lives or off-duty activities of Fire Fighters, except to the extent that such regulations are related to their employment. This section will not supersede the rules and regulations of the Civil Service Commission. Section 3. Residency Requirements. Fire Fighters may reside outside the city limits but shall reside in a location from which they are able to reach City Hall within sixty (60) minutes traveling by automobile at posted speeds in ordinary weekday traffic. The Chief, in his/her discretion, may waive this requirement on a case-by-case basis. Article 8 ASSOCIATION RIGHTS Section 1. Payroll Dues Deductions. A. The Association shall supply the City with all necessary papers and information for payroll deduction of dues and assessments. Such dues or assessments shall be deducted in the amount(s) authorized by the individual employee and the Association. B. The City agrees to deduct Association dues from a Member's pay upon receipt of a"Dues Deduction Authorization" form voluntarily and individually authorized, signed, and dated by the Member. The Member's authorization shall remain in effect until terminated by either the Member or the Association. The form to be used for this purpose is set forth in Appendix "A-l" to this Agreement. The City shall begin dues deductions from a Member's pay in the pay period following receipt of the "Dues Deduction Authorization." C. The City agrees to deduct special assessments from the pay of all Members of the Association upon receipt of official written notification from the Association President indicating that said special assessment has been approved and ratified by a majority vote of the Association members. 10 The form to be used for this purpose is set forth in Appendix "A-2" to this Agreement. The City may invoice the Association in the amount of$50.00 per month to be invoiced by the City on a monthly basis during the period of the special assessment. If the special assessment is a "one time" assessment, the City may invoice the Association in the amount of the actual administrative costs for the "one time" assessment. The City is not responsible for the administration and procedures used by the Association in the election for,collecting, distributing or return of any special assessment monies and the Association shall indemnify the City for any claims with regards to the special assessment. The special assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment and the date and manner of the reimbursement, if any. D. An Association Member may revoke his/her authorization for dues deductions at any time by individually providing the City with a signed and completed"Termination of Regular or Special Dues Deduction Authorization" form. The form to be used for this purpose is set forth in Appendix "A-3" to this Agreement. The City shall terminate dues deductions from the Member's pay in the pay period following its receipt of the form. The City will provide a copy of the signed form to the Association's Secretary-Treasurer. E. The City is obligated to remit to the Association only those authorized sums deducted as dues and special assessments from the Association members' paychecks. The City will not be liable for damages allegedly caused to the Association,its Members, or other persons by its deduction of, or failure to deduct, authorized sums for any reason and the Association shall indemnify the City for any claims with regards to deductions or special assessments. Section 2. President's Time Off. A. Upon election, and in each December thereafter, the Association President may choose to be relieved of duty for the following calendar year to perform Association duties. The Association President will provide the Fire Chief with written notice of his/her decision within two weeks after election, and thereafter by December 20 for each subsequent calendar year. The Association President may change his/her election only once during that calendar year. If the Association President chooses to be relieved of duty, each Fire Fighter(excluding cadets)will donate his/her pro rata share of per-setial sick leave that would cover the base salary the Association President is entitled to receive which will continue to be paid by the City. That amount will be determined by the City pursuant to the formula below every July 1. The hours will be deducted the first pay period in August of each year. The period during which the Association President is relieved of duty shall not constitute a break in service, and he/she shall be entitled to return to his/her rank upon completion of service as full-time President. In the event the Association President elects to return to duty, the City will reimburse the Pefsaffal Sick Leave time back to each Firefighters Personal Sick Leave bank ^r thei- V.,,.atio,, Leave t,,,,', if after August 1st, on a pro-rata basis. In the event of an emergency, the Chief may order the Association President to report for duty as assigned by the Chief. B. Formula. The formula to determine the amount of persenal sick leave to be deducted from Fire Fighters is as follows and excludes cadets: 11 Sum of all salaries/Number of Fire Fighters (excluding cadets) = Average Salary Average Salary/2080 = Employee Average Hourly Rate (President's base salary/Employee Average Hourly Rate)/Number of Fire Fighters (excluding cadets) =Hours to be deducted rounded to the nearest half(0.5) C. Provisional Position. If the President elects to be relieved of duty for the following calendar year, the Fire Chief shall request that a provisional position be added at the President's rank for the remainder of the year(s) in which this occurs. This provisional position will be filled accordingto o the promotional process contained within this agreement. That request may be granted or denied, by City Council, based on the needs and budgetary constraints of the Fire Department and the City_ If the President changes their election or elects to return to duty for the following calendar year, the firefighter most recently_promoted in the president's rank will remain in the provisional position until a vacancy is created at that rank, in which case the position will be filled by the provisional position ahead of any eligibility list. ist. If the President's successor is of a different rank, a provisional position will not be requested by the Fire Chief until the original provisional position has been removed by filling of a vacancy. The Department will utilize only one provisional position at a time in relation to this section. Nothing in this section shall be construed to divest or otherwise limit the City's right to implement a reduction in force, as authorized in Section 143.085 of the Civil Service Act. However, if the City implements a reduction in force rather than creating a provisional position, any resulting reinstatement lists will remain in effect for two (2) years unless earlier exhausted. Section 3. Association Activities. A. Committee Meetings.With advance permission from the Fire Chief or his/her designated representative, which will not be unreasonably denied, the Association may schedule small committee meetings on Fire Department property to conduct Association business. Such meetings must be in compliance with any City and Fire Department Policies and must not disrupt the duties of employees or the efficient operation of the Fire Department. B. Fund Raising Activities. With advance permission from the Fire Chief or his/her designated representative,which will not be unreasonably denied,the Association and its members may conduct voluntary fund raising activities for things such as the MDA, cancer awareness, and the United Way, during working time and at their work location, provided the conduct of such business complies with any City and Fire Department Policies and does not interfere with their duties as employees or the efficient operation of the Fire Department. C. Educational Leave. Fire Fighters shall be granted reasonable unpaid leaves of absence to attend fire schools, conventions, or meetings designed to increase Department efficiency and/or to 12 better employees' working conditions, provided that there remains a sufficient number of employees to carry out the Department's normal functions. D. Convention Delegates. The Association President and up to three(3)elected Association delegates shall all be allowed three(3)paid shifts off per year to attend a convention of the Association's state and/or national parent organizations. In addition, any Fire Fighter who is elected to the Executive Board of the Association's state or national parent organizations shall be allowed three (3) paid shifts off per year to attend such state and national conventions. Any delegate leave days provided for in this paragraph and not used for attendance at the Association's national and state conventions, may, upon the Association's request,be used for attendance at seminars or training sessions approved by the Fire Chief during each year of the contract term. E. Association Meetings. In any year the Association President chooses not to be relieved of duty, he or she (or his/her designee) will be provided with four(4)hours paid leave to attend each of eight(8)regularly scheduled Association meetings per fiscal year. F. Pension Board Meetings. Three (3)pension trustees will each be allowed three (3)paid shifts off per calendar year to attend any state or national pension seminar approved by the Fire Chief. However, the City will not reimburse related travel expenses, food or lodging. Section 4. Association Use of City Facilities. City facilities that are made available to private organizations shall be made available to the Association on the same basis they are made available to other nonprofit organizations. Section 5. Association President's Access to Department Premises. With prior notification to and approval by the Fire Chief,which will not be unreasonably denied, the Association President or his/her designee shall have access to Fire Department premises to administer this Agreement. The timing and manner of such visits shall be conducted so as to avoid interference with the functions of the Fire Department and shall be in compliance with all City and Fire Department Policies. Section 6. Association Access to Fire Cadet Orientations. A. Neither the City nor the Association will attempt to use the Fire Department Academy training to solicit or discourage Association membership. B. An Association representative and City representative will jointly present Fire Academy training to each Cadet Class on Association, City and employee rights and duties under this Agreement. Section 7. Fire Fighter Training on Agreement. 13 All Fire Fighters will be provided with on-duty training and/or orientation concerning the rights and obligations of the City, Association, and Fire Fighters under this Agreement. Article 9 BASE WAGES, FIRE FIGHTER CLASSIFICATIONS & STEPS Section 1. Fire Fighter Classifications & Steps. A. Current Classifications & Steps. The current classifications and the seniority steps within such classifications, for the Fire Department are as follows: 1. Cadet: Step 1 (entry level) Step 2 (12 months in rank—approx. 4% step) 2. Firefighter L Step 1 (entry level) Step 2 (6 months in rank— approx. 4 743.25% step) Step 3 (18 months in rank— approx. 5°e3.25% step) Step 4 (30 months in rank— approx. "3.25% step) Step 5 (84 months in rank— approx. 2-% 25%) Step 6 (120 months in rank— approx. 211/43.25% step) In order to qualify for the 120 month step, a Firefighter I must have 120 months of service in the Corpus Christi Fire Department, not including time as a Cadet, and hold a current Advanced Structure Fire Protection Personnel Certification from the Texas Commission on Fire Protection or an EMS certification of EMT- B or higher, as required by this Agreement. 3. Firefighter IL Step 1 (entry level) Step 2 (6 months in rank— approx.2°e3.25% step) Step 3 (18 months in rank— approx. 2-1743.25% step) Step 4 (30 months in rank— approx.2°e3.25% step) Step 5 (84 months in rank— approx."3.25%) Step 6 (120 months in rank— approx.47143.25% step) 4. Fire Captain: Step 1 (entry level) Step 2 (6 months in rank— approx.3°e3.25% step) Step 3 (18 months in rank— approx. 3-1743.25% step) Step 4 (30 months in rank— approx. 41e3.25% step) Step 5 (84 months in rank— approx. 3°e3.25%) Step 6 (120 months in rank— approx. 3°e3.25% step) 5. Battalion Chief: Step 1 (entry level) Step 2 (6 months in rank— approx."3.25% step) Step 3 (18 months in rank— approx.5°e3.25% step) Step 4 (30 months in rank— approx."3.25% step) Step 5 (84 months in rank— approx. 3-% 25%) 14 Step 6 (120 months in rank— approx. 4-1,43.25% step) B. Re-Opener Clause. The Parties acknowledge and agree that this Agreement does not waive the City's right under Texas Local Gov't Code §143.021 to establish, by ordinance, the classifications within the Fire Department, and the number of positions within those classifications. Therefore, the current classifications and the numbers within those classifications adopted may be subject to change. However, should the City change the current classifications, it agrees to provide the Association with advance notice and an opportunity to reopen negotiations only to address changes, if any, that reclassification would have on base wages, step salaries, eligibility for promotion, and other subjects that are proper for collective bargaining negotiations. Should such negotiations result in an impasse, the parties agree to use the Impasse Procedure specified in Article 27 to resolve the impasse. Any change will be implemented only after bargaining is completed and an agreement reached. Section 2. Wages A. Commencing on October 1, 20292024, the applicable monthly pay rates for the current classifications and steps within the Department will receive the following percentage pay raises on the following dates: Ti•4e 9Q24ra M @5 12mag Uman Romag 84Mac 1% for 120 Mes Cir i• M+nr4 4,41-4 4498 - 4,4N r,� r,� r," aep 4 &,-244 3 3 = "" g2tt Ghk4 b-898W_� - 7-y449 �� ',-,� 9y2N Ti'reec � �@6 dies �A5 84+'ae5 l n�2i44 Pke fc„h+.,r i 4,4158 4-6-54 4,4" &-9" Far. r,� �,� G,-"4 [," "" ", 48 FiFe QpU44 &r,M -y 164 6,449 c,74 c, Q, � f� ',-=oo ',� 8�3 8� 15 Ti'41eU24 SAS I a Mac I Rmag Romm 24moc 4494;4" COr ,'' sr,499 - &,-"8 &1-749 61-149 "1 " FiFe QpUip "16.7 &17-W "1 " �8$4 FiFe Gap4a44 c,� c,� 6,-& fi &, 4-3 �934 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 101 2024 Cadet 3,883 4,050 7%to Cadet and Firefighter 1 4,963 5,124 5,290 5,462 5,640 5,823 FFI Start then 3.25% per step Firefighter II 5,852 6,043 6,239 6,442 6,651 6,867 and 0.5% Fire Captain 6,902 7,126 7,357 7,597 7,843 8,098 between ranks Batt. Chief 8,139 8,403 8,676 8,958 9,250 9,550 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10 1 2025 Cadet 4,000 4,171 3% Firefighter 1 5,112 5,278 5,449 5,626 5,809 5,998 Firefighter II 61028 61224 6,426 6,635 6,851 7,073 Fire Captain 7,109 7,340 7,578 7,824 8,079 8,341 Batt. Chief 8,383 8,655 8,937 9,227 9,527 9,837 16 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 101 2026 Cadet 4,160 4,338 4% Firefighter 1 5,316 5,489 5,667 5,851 6,042 6,238 Firefiehter II 6,269 6,473 6,683 6,900 7,125 7,356 Fire Captain 7,393 7,633 7,881 8,137 8,402 8,675 Batt. Chief 8,718 9,002 9,294 9,596 9,908 10,230 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10 1 2027 Cadet 4,326 4,512 4% Firefighter 1 5,529 5,708 5,894 6,085 6,283 6,487 Firefiehter II 61520 61732 6,950 7,176 7,410 72650 Fire Captain 7,689 7,939 8,197 8,463 8,738 9,022 Batt. Chief 9,067 9,362 9,666 9,980 10,305 10,639 A Firefighter I who is currently at the 30-, 84-, and 120-month steps on October 1, 2024 shall receive a stipend of $2,000. In addition, any Firefighter I who achieves the 30-month step before April 1, 2026 will also receive a one-time stipend of$2,000 when they reach such step. Article 10 SUPPLEMENTAL PAYS Section 1. Certification Pay. Fire Fighters who possess the below-listed certifications from the appropriate State Agency shall receive monthly certification pay in the amounts indicated below: Intermediate Fire Certification $50 per month Advanced Fire Certification $75 per month Master's Fire Certification $125 per month Certified EMT $35 per month Certified Paramedic $100 per month Fire Prevention Insp. $35 per month Fire Investigator $50 per month Arson Investigator $75 per month Basic Instructor $35 per month 17 Intermediate Instructor, Advanced Instructor or Master Instructor $75 per month Section 2. Assignment Pay. a. Operations Assignments 1. Level Ge4ifie4ieii wit4in 180 days of assigafnetit. The City agrees to pr-evide t4e aiready 14az Mat Teehfiieia-n Level Certified. if t4e City fails to previde t4e above 180 day period refer-eiieed above, or-after-,and t4e Firefighter-fails to make himselfilhefs w�,ailable�e take�he eetir-se er-fails�E)pass and ebtaiii�he Teehiiieift-fl Level Gef+ifie may „lt ; „t by t e ire llopartmef t to ., differ-eft 44iefi. 2. ather- E)f Reseties6titline n t 2 f this n gr-eefneat within365 days-of The City agrees to pr-avide Teekiiieiaii Level t+ai 365 days after- 18 Sta+ion Assignment Pay tintil he/she fneets t4e r- . i I listed above. Failtir-e to fn station. Gef+ifiea+iofis may be obtained eit4er- by DepaFtment lead eetif-ses or- by 3. 00 0nt, shall 0 0 1. Specialty Station Assignment Pay Firefighters who are regularly assigned to a designated Haz-Mat Station, Rescue Station, or Water/Boat Rescue Station, as defined in Art. 2 of this agreement shall receive Specialty Station Assignment Pay at a rate of $125.00 per month. Starting October 1, 2026, this rate of pay shall increase to $150.00 per month. Firefighters eligible for this pay shall only be allowed one monthly payment under this subsection regardless if a station they are assigned to has multiple designations. Certification and Training Requirements Firefighters receiving Haz-Mat Station Assignment Pay must obtain Haz-Mat Technician Level Certification within 180 days of assignment. The City agrees to provide the Haz- Mat Technician Level Course within 180 days after assignment if the Firefighter is not already Haz-Mat Technician Level Certified. If the City fails to provide the above referenced course within 180 days after assignment, the Firefighter will continue to receive Haz-Mat Station Assignment Pay until such time as the Cily provides the course. Additionally, if the City does provide the Haz-Mat Technician Level Course within the 180 day period referenced above,or after,and the Firefighter fails to make himself/herself available to take the course or fails to pass and obtain the Technician Level Certification, then he/she will no longer be entitled to receive Haz-Mat Station Assignment Pay until he/she becomes Haz-Mat Technician Level Certified. Failure to meet this requirement may result in reassignment by the Fire Department to a different station. Firefighters who receive Rescue Station Assignment Pay must obtain Technician Level training in Ropes, Confined Space, and Vehicle Extrication Rescue, and in one of the other "Types of Rescues" outlined in Art. 2 of this Agreement within 365 days of assignment. The City agrees to provide Technician Level training within 365 days after assignment if the Firefighter is not already certified. If the City fails to provide the above 19 referenced training courses within 365 days after assignment,the Firefighter will continue to receive Rescue Station Assignment Pay until such time as the City provides the courses. Additionally, if the Citesprovide the Technician level training courses within the 365 day period referenced above, or after, and the Firefighter fails to make himself/herself available to take the courses, then he/she will no longer receive Rescue Station Assignment Pay until he/she meets the requirements listed above. Failure to meet this requirement timely, may result in reassignment by the Fire Department to a different station. Certifications may be obtained either by Department lead courses or by Department approved third-party courses. Firefighters who receive Water/Boat Rescue Station Assignment Pay must complete the department-specified training required to operate the watercraft and water rescue tasks. The City agrees to provide Water/Boat Rescue training within 365 days after assignment if the Firefighter is not already certified. If the City fails to provide the above referenced training courses within 365 days after assignment,the Firefighter will continue to receive Rescue Station Assignment Pay until such time as the City provides the courses. Additionally,if the Cityprovide the Water/Boat Rescue level training courses within the 365 day period referenced above, or after, and the Firefighter fails to make himself/herself available to take the courses, then he/she will no longer receive Rescue Station Assignment Pay until he/she meets the requirements listed above. Failure to meet this requirement timely, may result in reassignment by the Fire Department to a different station. 4. 2. Daily Ambulance Assignment 0 to 3 years of eligible ambulance duty $25 per shift worked 4 to 8 years of eligible ambulance duty $35 per shift worked More than 8 years of eligible ambulance duty $45 per shift worked Firefighter IFEMS Assignment 5 to 9 years $50 per month or 10 years and greater $100 per month 3. Driver/Operator Assignment Pay Firefighter II - Engineers with a Texas Commission of Fire Protection Driver-Operator Certification that are assigned to an Operations 54-hour work week and regularly assigned to drive an apparatus shall receive $60.00 per month. 20 b. Staff Assignments. Individuals regularly assigned to forty (40) hour week jobs will receive Assignment Pay in the amounts indicated: 0-3 years $225 per month 4-5 years $275 per month 6 or more years $300 per month Section 3. Temporary Duties in Higher Classification Pay. A Fire Fighter who is temporarily required to perform the duties of a higher classification for a continuous period of four (4) or more hours during any shift shall be paid temporary duties in higher classification pay as follows: Acting Fire Fighter II $40 per shift Acting Captain $50 per shift Acting Battalion Chief $60 per shift Acting Assistant Fire Chief $70 per shift Temporary duties in higher classification pay shall not be considered as a component of salary or compensation for purposes of drag up pay, leave sell back or overtime. This section is intended to totally pre-empt the requirements of Texas Local Gov't Code §§141.033(b) and 143.038(b) as they pertain to the payment for temporary performance of higher classified duties. Section 4. Education Incentive Pay. 1. Limitations. a. In order to receive Educational Incentive Pay, a Fire Fighter must have: i. semester hour(s) earned from an accredited college or university; or ii. a degree earned from an accredited college or university; and iii. successfully completed his/her probationary period. b. Education Incentive Pay under this Article shall not be considered as a component of salary or compensation for purposes of drag up pay or leave sell back. 21 c. The addition of other compensable areas of study under this section shall not expand the practice of payment of expenses or provision of textbooks or materials to such other areas of study as presently provided for an Associate Degree in Applied Science for Fire Science at Del Mar College. 2. Educational Incentive Pay Amounts. a. Payment. The Fire Fighter will commence receiving the appropriate amount the first pay period following presentation of a copy of his/her degree to the City's Human Resources Department. b. Semester Hours. Fire Fighters shall be eligible for educational incentive pay at the monthly rate of $1.00 per month for each academic semester hour satisfactorily completed provided that such hours are applicable toward a degree. In no event will more than $71.00 per month be paid without successful completion of the requirements and the receipt of an Associate Degree. c. Degrees. If the employee is attending an upper level college, he/she may meet this requirement by filing a copy of his/her certified degree plan with the Director of Human Resources, noting his/her expressed intent to obtain a Bachelor's Degree. i. Associate Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $53.00 per month or a combined total of$124.00 per month. ii. Bachelor's Degree. Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for a maximum of$135.00 per month. iii. Master's Degree. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's Degree will qualify the employee for an additional$16.00 per month for a maximum combined total of an additional $36.00 per month on a Master's Degree. Section 5. Longevity Pay. Effective the first full pay period after the adoption of this Agreement, Longevity Pay shall be $12.50 per month for each complete year of service up to a maximum of twenty-five(25)years of service. This pay increase shall not be retroactive, meaning there will be no backpay. Section 6. Emergency Medical Service Supervisory Officers. 22 Emergency Medical Service supervisory officers, with the exception of the Assistant EMS Director,who are assigned such duties by the Chief shall receive$150 per month paramedic certification pay in lieu of the paramedic certification pay provided for in Section 1 of this Article. Section 7. Performance Award. In November of each year of this Agreement, all non-Probationary Fire Fighters will receive a $150.00 lump sum performance award. Performance awards shall not be considered as a component of salary or compensation for purposes of drag up pay, leave sell back or overtime. Section 8. Bi-Weekly Pay Periods. Base wages authorized by Article 9, and supplemental pays authorized by this Article, will be paid on a bi-weekly basis during the life of this Agreement. Section 9. Dog Handler Pay Any Firefighter who is charged with the responsibility for and is assigned a dog by the Corpus Christi Fire Department to be used in arson investigation functions shall be compensated at the rate of one half(0.5) hours of overtime pay each day, including vacation time, sick leave, compensatory time, and personal leave. The parties agree that an accurate computation of hours of work caring for an arson dog is difficult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If an arson dog is retired (taken out of service by the City)the Fire Chief shall award the arson dog to the firefighter if the firefighter so desires. The City shall have no further obligation for the care, maintenance, and support of the arson dog. Section 10. Voluntary Wellness Program 1. The Fire Chief and the Association may mutually agree in writing to adopt a Voluntary Firefighter Wellness program, adjusted fora age and gender. 2. The City, at its sole discretion,may offer incentives,either in pay or leave time, if the Association mutually agrees in writing. 3. If the City and Association agree to establish a firefighter wellness program, this program will also include a cancer screening initiative and distribution of nutrition and fitness information during in-service training. Article 11 OVERTIME PAY Section 1. Use of"7(k)" Work Cycle in Operations. 23 During the term of this Agreement, the Department will continue to use a so-called "7(k)" work cycle of 27 days (nine 24-hour shifts) for Fire Fighters assigned to Operations. The "7(k)" cycle is described in the FLSA, and more specifically, in 29 U.S.C. §207(k). The number of hours scheduled in one work cycle for Operations Fire Fighters will be 216 hours, or 192 hours in a work cycle that contains the Fire Fighter's Kelly Day. Section 2. Hours Worked. For purposes of determining entitlement to Cycle Overtime Pay, any leave hours and Kelly Days will not count as actual hours worked. Section 3. "Kelly Days." A"Kelly Day" is defined as a 24-hour work shift off.Each Fire Fighter who works an Operations schedule will receive one Kelly Day per quarter. However, a Fire Fighter who is absent from work for a full calendar quarter (January-March, April-June, July-September, or October-December) will receive no Kelly Day for that quarter. Kelly Days will not count as time actually worked for Cycle Overtime. Section 4. Base Pay and Add Pays. For purposes of this Article, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays to be used in calculating overtime pay include Longevity, Certification Pay,Educational Incentive Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. Section 5. Overtime Pay for Operations Fire Fighters. A. Cycle Overtime Pay."Cycle hours" are an Operations Fire Fighter's regularly scheduled hours of work during a 7(k) work cycle. Fire Fighters will receive Cycle Overtime Pay for hours in excess of 204 hours actually worked during a 7(k) work cycle calculated as follows: 1. [Annual Base Pay +Annual Add Pays] -26 =Pay Period Pay (PPP). 2. PPP- 80 = Cycle Rate 3. PPP- 108 =Dock Rate 4. [Cycle Rate x 1.5] —Dock Rate = Cycle OT Rate 5. [Cycle OT Rate] x [hours over 204] = Cycle OT Pay B. Overtime Pay for Holdover & Call-back Hours. Fire Fighters will receive Overtime Pay for hours worked outside their scheduled work hours. When off-duty Fire Fighters are called to 24 return to duty, or are subpoenaed to give testimony in court about matters related to their employment, they will be paid from the time called to report to duty, and will be paid for the actual time worked, or for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated as follows: 1. [Annual Base Pay +Annual Add Pays] -26 =Pay Period Pay (PPP). 2. PPP- 90 =Hourly Rate 3. [Hourly Rate] x 1.5 = Overtime Rate 4. [Overtime Rate] x [Overtime hours] = Overtime Pay Section 6. Overtime Pay for Non-Operations Fire Fighters. Fire Fighters who are in Training, Prevention, or work a 40-hour work-week will receive Overtime Pay for hours actually worked outside their scheduled work hours. When off-duty Fire Fighters are called to return to duty, or are subpoenaed to give testimony in court about matters related to their employment, they will be paid from the time called to report to duty, and will be paid for the actual time worked, or for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated as follows: 1. [Annual Base Pay +Annual Add Pays] -26 = Pay Period Pay (PPP). 2. PPP- 80 =Hourly Rate. 3. [Hourly Rate] x 1.5 = Overtime Rate 4. [Overtime Rate] x [Overtime hours] = Overtime Pay Section 7. Effect on Other Laws. A. FLSA. The parties acknowledge that the provisions of this Article differ from the requirements of the FLSA, 29 U.S.C. §201 et seq., and intend that any premium pay required by this Article that is more than what is required by the FLSA be offset against any unpaid liability due under the FLSA for that same work period. B. State Law.To the extent that the requirements of this Article differ from the requirements of State law, including but not limited to Texas Local Gov't Code §142.0015, this provision governs. Article 12 HEALTH & LIFE INSURANCE Section 1. Health Care Insurance Plan and Life Premiums. A. Health Care Plans. During the term of this Agreement, the City shall provide health care coverage for Fire Fightefs. Firefighters and their dependents. T-we One plans will be offered called G44G f Life HeaM histi- n, D� the etkef Fire Consumer Driven Healthcare Plan. The Plans afe is outlined below as follows,Firefighters may only elect participation in eee the plan which must be done during the City's Open Enrollment period or 25 at the time of a Qualifying Event as defined by IRS Regulation, also included in plan summary description. B. CitiCar-e Fire Health insur-anee Plan. 4. Pr-emiums for- GifiGnr-e Fire Health !Hsur-anee Plan. Bi weekly easts fer- GitiGar-e Employee Cost city G&4 Employee $8 $411.51 Employee & Spettse $222.71 Employee & Family S $M3.75 THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE NG AT ANY TV 1T_ME A7T A T-14E PROCEDURE OUTLINED it TN THIS SECTION 1 SUBSECTION E OF THIS 0 and 0 mob.: A g nt e*eetAed). ealendar days' written ne6ee of any ehange, and of healt4 plan ehanges with . . - of thifty (30) days' iietiee of a-By eha+ige. Pie Git-y and Asseeia+ieti shall meet, w4hili a r-effseliable time, t1peo 26 The betiefits in the plan t44 will be negotiated will be hospital izati On de"etibles, A Of • Plan ehanges mandated by federal anEtler- state heaM ear-e legislation, ifieltiding btA flet lifnit hi �he event a eaver-ed meffiber- does iiet live af wafk io an area wi,.14 iii iiet-wa4E pfevideffi, and it+ 2. Citieftr-e Fire Health Care Plait Str-tietur-ew f^l THIS TC A SUMMARY ON V PLAN N DOCUMENT WILL G0 7ERN r>`T>`TETwnnTr OUT OF NETWORK NGnnDo,-T.,.1;.,;.1,,.,1 PLAN YEAR DEDUCTIBLE ecnn Per-Ifid.,;,a al N n�r-0 0�rir`z�y N� nvv or-v -v=ir`z��` 27 0 etc nn G Pay m 0 Go- 0 28 0 0 0 ,40 71e.a,,ercrctible T-hef 209 a�z o 7 0 Go Hospitalization 7i Retail Pr-eser-iptioHs $0 Geoer'ie $0 cielier-iz 0 Pre€ei:ram a$20 Prefefr-ed Bran QPr-eser-iptio*s. Go pays: Go pays: $0 Gefleflz $0 Geier-ie 90 PRY Supply 0 e n n Preferred v—n Prr ,a Br-an a anv—z ear � z e�re� $80 Not rPreferredn Nat Pr efTa B -Out Of Poeliet Cos r a e i 200 no,-7,,.a;.,;.a,,.,1 4 00 Mwe Family $7 n nz--r00 4ir`zi Fafflily Sati�h To.,,�'R I IE)F->,-�ttsteoSan Aiiteiiie,lL-ar-ede r,a 29 The City shall pay 0 emppr-emtims0 30 4& B. Fire Consumer Driven Health Plan (CDHP)with Health Savings Account employees h.,. ^toe ^ eip e in eit4e,-„'a Election of the Fire CDHP with HSA can only be made at the time of hire or during the open enrollment period, or during a Qualifying Event as defined by IRS Regulation, and included in the plan summary. 1. Premiums for Fire CDHP with HSA.Bi-weekly premium costs for Fire Consumer Driven Health Plan as on the effective date of this Agreement are as follows: Employee Cost Cites Employee $0 $349.78$330.92 Employee & Spouse $154.9$133.44 $598.49$576.56 Employee & Children $120.89$104.01 $528.42 Employee & Family $245.79$222.18 $752-03-$721.80 THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME VIA THE PROCEDURE OUTLINED IN THIS SECTION 1, SUBSECTION RD OF THIS ARTICLE. During the term of this Agreement, the City shall pay 100% of the employee's premiums and 50%of the premium for dependent coverage towards the Fire CDHP or any successor plan. Premium rates shall be determined using the agreed methodology described in this Agreement. The City shall notify the Association in writing of premium increases with a minimum of sixty (60)calendar days' written notice of any change, and of health plan changes with a minimum of thirty (30) calendar days' written notice of any change. The City and Association shall meet, within a reasonable time, upon the Association's request to discuss any premium and/or health plan changes prior to such increases or changes taking effect. 2. Plan Structure for Fire CDHP FIRE CONSUMER DRIVEN HEALTH PLAN WITH HEALTH SAVINGS ACCOUNT THIS IS A SUMMARY ONLY, PLAN DOCUMENT WILL GOVERN 31 BENEFITS IN NETWORK OUT-OF-NETWORK (Participating Providers) PLAN YEAR DEDUCTIBLE $3,000 $3,200 Per Individual $3,999 $3,200 Per Individual $6,000 Max Family $6,000 Max Family Primary Care Physician Visit Deductible, then 0% Co- Deductible, then 0% Co- Insurance Insurance Annual Wellness Visit $0 Deductible, then 30% Co- (Preventative) I NUMS, then 0% Co- o lisurance MDLIVE Virtual Visit Pe&etible, then �/o--Eo-N/A ice $10 co-pay Employee Wellness Clinic $20.00 office visit N/A $15.00 if labs are needed CVS Minute Clinic Deductible, then Deductible, then 0% Co-Insurance 0% Co-Insurance Specialist Office Visit Deductible,then Deductible, then 0% Co-Insurance 0% Co-Insurance Basic Lab & RadiologyDeductible,then Deductible, then 0% Co-Insurance 0% Co-Insurance 32 Major Lab & Radiology Deductible, then Deductible, then (MRI/CT/PET) 0% Co-insurance 0% Co-Insurance Urgent Care Visit Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Emergency Room Services Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Hospitalization Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Co-Pays: (Copays are for IRS-approved Co-Pays: preventive formulary (Copays are for IRS-approved medications only. For all other preventive formulary Retail Prescriptions medications only. For all other (CVS Caremark is preferred medications,you must pay the medications,you must pay the vendor) deductible, then 0%) deductible, then 0%) $0— Generic $20—Preferred Brand $0— Generic $40—Non-Preferred Brand $20—Preferred Brand $40—Non-Preferred Brand Co-Pays: Co-Pays: (Copays are for IRS-approved (Copays are for IRS-approved preventive formulary preventive formulary Prescriptions medications only. For all other medications only. For all other CVS Caremark medications,you must pay the medications,you must pay the Mandatory Mail Order deductible, then 0%) deductible, then 0%) 90 Day Supply of Maintenance Prescriptions $0— Generic $0— Generic $40—Preferred Brand $40—Preferred Brand $80—Non-Preferred Brand $80—Non-Preferred Brand Out-Of-Pocket Cost $3,000 $3,200 Per Individual $3,000$3,200 Per Individual Including Co-Pays & $6,000 Max Family $6,000 Max Family Deductibles 33 (Co-Pay to Employee Wellness Clinic will not be applied towards deductible or Out-Of- Pocket Cost All in-network co-pays, except for Employee Wellness Clinic, count toward the annual (embedded) deductibles. Eligible in-network preventive drug expenses are not subject to the deductible. 3. Fire CDHP Health Savings Account(HSA) The City will contribute $1,600 at the beginning of each fiscal year to a Firefighter's Health Savings Account(HSA),if the employee is eligible under IRS regulations to receive such contribution and the employee is enrolled in the Fire CDHP under an Employee Only Election. If the Firefighter is enrolled in the Fire CDHP in any other Plan Tier Level, then the City will contribute $2,600 at the beginning of each fiscal year to a Firefighter's HSA, if he/she is eligible under IRS regulations to receive such contribution. A Firefighter who enrolls into the Fire CDHP at any time after the Fiscal Year begins due to a Qualifying Event will receive a pro-rated HSA for the remaining part of that Fiscal Year. As a health plan expense, funds for the HSA contribution will be allocated to the health plan fund, as all other related contributions, and then disbursed to individual HSA accounts. On October 1, 20292024, as part of a one-time additional contribution, the City shall contribute an additional ametint$2,000.00 into the HSA account for those Firefighters who choose to enroll into the Fire CDHP during the City's open enrollment period for Fiscal Year ''�''�z2024- 2025. Firefighters who are enrolled in the Fire CDHP prior to the execution of this agreement, will not receive this contribution until January 1, 2025. These contributions will be made only if the employee is eligible under IRS regulations to receive such contribution. This additional one-time contribution will be funded through a portion of the unrestricted Fund Balance_, not to e ehease to ear-all into the Fire CD14P dur-ing the G4y's open ear-allmeat period for-Fiseal Year-2020 above is remaining 4 t4e elese of opeti etir-ellment for- Fiseal Yea-F 2020 2021, then t4e r-efnai i _ „t+ibtA 4. Compliance with Federal and State Laws If the City believes that state or federal laws require a plan change in order to avoid penalties and excise taxes, to satisfy the statutory and legal coverage and benefit requirements and to preserve the flexibility to make needed changes to comply with the federal and state laws,including but not limited to the Affordable Care Act's complex and evolving requirements,the City shall notify the Association in writing of its desire to make such plan changes. The parties shall meet and confer in good faith for 34 a period of thirty (30) calendar days to try and come to a mutual agreement regarding the City's proposed changes to the Fire CDHP or whatever health care plan is in place for Fire. If the parties are unable to reach an agreement within thirty (30) calendar day period, then the parties mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. The retained expert will be authorized to effect only those changes to the Plan which are minimally necessary to ensure that the City and the Fire CDHP are not subject to any penalties and excise taxes and to ensure that the Plan complies with any Federal and State Laws. C. OPEB Liability Requirements and Fund Balance Elements Due to increased OPEB Liability, any future liability funding requirements will be managed through City's portion of Fund Balance. Section 1. Fund Balance Elements The following are the elements that will be used in calculating the Fund Balance A. Plan Assets B. Plan Liabilities C. Catastrophic and IBNR Reserve Balance E� D. Formulary for Calculation of Healthcare Premiums for Citiefire Lire Health insur-fln e Dd-Fire CDHP The following components will be used to calculate the premiums for active employees and retirees under age 65: 1. Third Party Administrator(TPA) administrative fees 2. Stop loss premiums 3. Incurred and paid medical and prescription drug claims (after stop loss adjustments, rebates, subrogation recoveries, coordination of benefit recoveries) of all plan participants (active employees, retirees, and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior to the effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12) month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. 4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage 35 of members covered under the CitiCare Fire Health Insurance Plan divided by the total covered members under the City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic). 5. Incurred But Not Reported (IBNR) claims, as actuarially determined. 6. The net change in forecasted and prior period catastrophic reserve funding (10% of actuarial projected claims expense). 7. Assumptions for inflation and trend components used to estimate future claims will incorporate prevailing plan specific, regional, and national trends, as well as the anticipated impact of any mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial and consulting input from both parties will agree upon the factor(s) applied in accordance with professional, ethical and generally accepted practices. If agreement is not reached, within two (2)weeks after the actuary report is provided to the Association, the City will implement the recommendation of its Actuary. The City must notify the Association in writing of its intent to implement its actuarial recommendation. The Association has seven (7) calendar days from receipt of that notice to appeal in writing to the City Manager or designee and request the dispute resolution process as outlined below. Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral actuary. The parties shall submit position papers within fourteen (14) calendar days from the date of his/her selection. A decision in writing by the neutral actuary as to the factors applied to determine the contribution requirements for active employees and retirees under age 65 shall be delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees and expenses of the neutral actuary. E. Retiree Health Insurance Coverage. Employees who retire under the conditions of disability in accordance with the Corpus Christi Firefighters Retirement System or Social Security or under regular retirement under the Corpus Christi Firefighters Retirement System or under Social Security after ten (10) years of continuous service with the City, along with their participating dependents covered on the last day of employment, shall be eligible to continue participation in either the G4y's GitiGafe FiFe 14ea 1*stt- ree Plm �the Fire CDHP at monthly premiums subject to periodic changes in rates as required in the agreement. However, Retirees are not eligible to receive the City's HSA Contribution. The total cost of such continued coverage shall be paid entirely by the employee and/or spouse. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in e4her the plan will cease. While the retiree remains in the Fire CDHP, or fully insured plan offerings for Medicare eligible retirees, coverage shall remain in force for the spouse 36 while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the either- the plan shall cease. Coverage shall remain in force for the retiree's participating dependent children while paid until they become ineligible as defined in the plan at which time coverage in eithet: the plan shall cease. Medicare eligible retirees and their Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings for Medicare eligible retirees. Section 2. Life Insurance and Premiums A. City-Purchased Life Insurance. During the term of this Agreement, the City will maintain, at no cost to Fire Fighters, basic life insurance in an amount equal to the Fire Fighter's annual base salary. B. Optional Life Insurance. Each year, during the enrollment period, the City will provide Fire Fighters the option to purchase additional life insurance at no cost to the City. Section 3. Fire Fighters Dental Plan_Omens Dur-ing the open enr-ellment peried far-Fiseal Year 2020 202 1, the City will 09er tw During open enrollment, a Firefighter can elect to participate in eit4e the City's Dental Insurance Plan outlined below City will eeiit+ibate is $30.00 per- meii�h per- Fir-efightef. 011 has been seleeted f4-�ha A Firefighter is not precluded from electing to change Coverage Tiers under the City's Dental Insurance Plan due to a Qualifying Life Event. A. Dental Plan Optio*s- The City agrees Ile -pay �he Asseeiatiaii a eeiit+ibu+ien etual te $30.00 -per- meii�h p­ has no invelvement in t4e Dental Plan. The Asseeia6en shall defend a-Rd indemnify t4e c4y 37 Option 2. ' Plait. The City will contribute $30.00 per month to those Firefighters who elect to participate in the City's Dental Insurance Plan. The City's monthly contribution will be applied to the Employee's portion of the premium tier. 1. Premiums for City's Dental Insurance Plan Bi-weekly premium costs for City's Dental Insurance Plan as on the effective date of this Agreement are as follows: Employee Cost Cites Employee $2.76 $7.45 $13.85 Employee & Spouse Q'� $28.74 $13.85 Employee & Child(ren) $29.32 $41.52 $13.85 Employee &Family $45.91 $62.81 $13.85 B. Plan Structure for the City's Dental Insurance Plan. CORPUS CHRISTI FIREFIGHTERS DENTAL PLAN THIS IS A SUMMARY ONLY, PLAN DOCUMENT WILL GOVERN DENTAL PLAN BENEFITS In Network Plan Year Deductible $50 per individual $150 per family Maximum Year Benefits per Participant for Categories I,II,III,IV,V,VI,VII,VIII,IX $4,500 Does not apply to Orthodontic I. Diagnostic & Preventative Care Services 100% of Allowable Amount Calendar Year Deductible does not apply As applies to those Participants who are One additional prophylaxis treatment(s) are available at 100% of Allowable Amount pregnant II. Miscellaneous Services 85% of Allowable Amount after Plan Year Deductible 38 III. Restorative Services 85% of Allowable Amount after Plan Year Deductible IV. General Services 85% of Allowable Amount after Plan Year Deductible V. Endodontic Services 85% of Allowable Amount after Plan Year Deductible 85% of Allowable Amount after Plan Year Deductible VI. Periodontal Services On additional Periodontal Services are available at 100% of Allowable Amount Periodontal Services are available at 100% of Allowable VII. Oral Surgery Services 85% of Allowable Amount after Plan Year Deductible VIII. Crowns,Inlays/Onlays Services 85% of Allowable Amount after Plan Year Deductible IX. Prosthodontic Services 85% of Allowable Amount after Plan Year Deductible OPTIONAL COVERAGE X. Orthodontic Services 85% of Allowable Amount Limiting Age: 19 after Plan Year Deductible $4,500 maximum lifetime benefit Predetermination Amount $300 Dependent Child Age Limit Age 26 C. Dental Premiums Formulary The following components will be used to calculate the premiums for active employees: 39 1. Third Party Administrator(TPA)Fees 2. Incurred and paid dental claims (after subrogation recoveries and coordination of benefit recoveries) of all plan participants (active employees and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior to the effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12) month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. if eor-ellment in the City's Dental Plan is gr-ea+er- than D. Option foF Removal of Assoeintion Supplement Dental Plan of t4is Agreement. 14owever,by mu-vaal agreement, t4e Pa.6-1 to remove Option 1 ev t4e Pat4ies agi:ee to remove Optieff 1, t4e Asseeiation Supplemental Dental Program, 40M Section 4. Corpus Christi Fire Fighters Vision Plan a. Premiums for Corpus Christi Firefighters Vision Plan. Bi-weekly premium costs for Corpus Christi Firefighters Vision Plan as on the effective date of this Agreement are as follows: Employee Cost Cites Employee $3.69 $2.32 $0.00 Employee + 1 Dependent $5.56 $4.63 $0.00 Employee + 2 or more $7.�g $6.72 $0.00 Dependents THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME VIA THE PLAN ADMINISRATOR. b. Plan Structure for Corpus Christi Firefighters Vision Plan. CORPUS CHRISTI FIREFIGHTERS VISION PLAN THIS IS A SUMMARY ONLY,PLAN DOCUMENT WILL GOVERN 40 VISION PLAN BENEFITS VSP CHOICE NETWORK OUT-OF-NETWORK Annual Eye Exam Covered in full Up to $45 Single Vision Lenses Covered in full Up to $30 Bifocal Lenses Covered in full Up to $50 Trifocal Lenses Covered in full Up to $65 Lenticular Lenses Covered in full Up to $100 Progressive Lenses See lens options N/A Frames $100 $70 Contacts (standard) fit& Member cost up to $55 $0 follow up exam Contacts (elective) Up to $115 Up to $105 Contacts (medically necessary) Covered in full Up to $210 Deductibles Annual Eye Exam $10 $10 Eyeglass Lenses or Frames $25 $25 Article 13 SUPPLEMENTAL RIGHTS & BENEFITS Section 1. Uniforms. A. The City shall pay 100% of the cost of the original issue of uniforms to provide every Fire Fighter with all required original issue items. The Fire Fighter shall thereafter replace or repair said required clothing items. B. The City retains the right to establish the style and color of the official uniform and its insignia. If the City changes style and color of the uniform, and such changes cause the previous uniform to be obsolete, it shall pay 100% of the original cost. 41 C. The original issue of uniforms, including patches, to each Fire Fighter shall include the following: (1) Two Class "A" uniforms for Cadets; (2) One belt and one buckle; (3) Six Class "B" pants; (4) Six T-shirts; (5) One sweatshirt; and (6) One Jacket. D. Fire Fighters will purchase shoes at their own expense. E. Fire Fighters will receive a monthly clothing allowance of$67.50. F. Standards regarding the inspections, maintenance, and replacement of uniforms as well as, uniform specification shall be established by the Fire Chief subject to the requirements of this Agreement. G. Each Fire Fighter's name, rank, and highest current EMS Certification shall be on all Fire Fighters' shirts as per Department policy. The Department may also require style and color changes to Fire Fighter shirts; however, the City shall be obligated to pay the cost of providing only three (3) new T-shirts to each Fire Fighter, notwithstanding the requirement of Paragraph B of this Section. Section 2. Mileage Allowance. Fire Fighters required to use their private automobiles for authorized Department business, or as a necessity in changing stations while on duty shall be compensated at the rate specified by City Policy for all City employees,which is the standard rate adopted by the Internal Revenue Service in effect at the time the miles were driven,or during budget shortfalls or special circumstances,a reduced rate as specified by the Finance Department. Section 3. Meals. When it appears that Fire Fighters will be: (1) engaged in firefighting duties at an emergency scene, (2) engaged in ambulance duties, or (3) relocated to another station for two hours past their normal mealtime, the City will provide the Fire Fighters a meal allowance of$8.00 per meal per Fire Fighter. A request by the senior officer present at the scene, or in his/her absence, approval by the first senior officer in the chain-of-command,is necessary before a meal will be authorized. The senior officer will submit the request for reimbursement on a form approved by the Chief and made available for that purpose. The City will provide reimbursements within two weeks from the date the form is submitted by fax or otherwise. Section 4. Relief. 42 Fire Fighters actively engaged in firefighting duties at an emergency scene for more than three (3)hours will be relieved from duty and given a rest period of at least thirty(30)minutes. In the event the Fire Fighter is required to remain on-scene for a period of eight(8)hours or more,the Department will make every reasonable effort to relieve the Fire Fighter and return him/her to other duties away from the scene. Section 5. Reassignment from Tire Pr-even 40-hour staff assignments. With the exception of the Fire Marshall, any Fire Fighter who has been P,-event:,,,, dtities placed on a 40-hour staff assignment for a period of five-(5) two 2 consecutive years may request reassignment to other duties. However, Firefighters placed on a 40-hour assignment who have obtained a peace officer license, paid for by the City, must wait four (4)years before requesting assignment to other duties. Such requests will be granted as soon as a vacancy is available. Section 6. Assignment Preference Forms. The Fire Chief will consider any Station Assignment Preference Forms submitted by Fire Fighters during the prior year. Factors considered by the Chief in making any reassignments include, but are not limited to, the needs of the Department, the location of the preferred fire station, the Fire Fighter's residence, and the Fire Fighter's seniority. Station Assignment Preference Forms generally will not be used to fill vacancies governed by Section 7 of this Article, unless no one bids for the vacancy. Section 7. Station Assignment by Seniority. A Department vacancy that occurs due to retirement, death, termination, promotion, or demotion will be filled using the below-described seniority bid system: A. Only Fire Fighters regularly assigned to the shift(A,B or C)in which the vacancy occurs may bid. Within that shift, the following ranks are eligible to bid as follows: • Firefighter I: seven (7)with the most time in rank • Firefighter II EMS: ten (10)with the most time in rank • Firefighter II Drivers: six (6)with the most time in rank • Fire Captains: six (6)with the most time in rank Battalion Chiefs: one (1)with the most time in rank Those eligible may bid to move to the station with the current vacancy or to remain at their presently assigned fire station, but must complete and submit an assignment bid. A Firefighter who is eligible to bid based upon the criteria outlined above, may bid, at any time, to remain at his/her currently assigned station regardless of whether a vacancy has occurred or whether the procedure outlined in subsection G has been followed. However, 43 he/she must submit, in writing, a bid requesting to remain at their currently assigned station to the Assistant Chief of Operations. Once the request has been submitted and approved, the time restrictions outlined in subsection F apply, and the Firefighter may not use the seniority bid procedure to obtain another assignment for three (3) years thereafter. B. No more than two (2) Firefighter II EMS positions in each EMS Station will be filled by use of this seniority bid procedure. C. For the Firefighter I rank, this seniority bid procedure will be used only to fill positions in Non-Ambulance Stations. D. This seniority bid procedure will not apply to move-outs (temporary relocations). E. A Fire Fighter assigned to a station through use of the seniority bid procedure may not use the procedure to obtain another assignment for three (3)years thereafter. F. Vacancies subject to the seniority bid procedure will be posted for two(2)weeks.Fire Fighters will have seven (7) days after the two-week posting period expires to submit their assignment bids. The Fire Chief will post assignments within seven (7) days after the bid submission deadline. In the event that multiple bids are received for a single vacancy,the Firefighter with the most time in rank will have his/her bid granted. G. In the event that no bids are received from those Fire Fighters who are eligible to bid, as outlined above in subsection A, the assignment will be made at the Fire Chiefs discretion. However, those Fire Fighters on the seniority list who have chosen not to bid on a vacancy cannot be assigned to that vacancy. H. Firefighters assigned to relief duty will be those most recently promoted to suppression. L All Firefighters in the rank of Firefighter I and Firefighter II-EMS remain subject to move- outs. However, those Firefighter I's and Firefighter II-EMS's with 20 years or more of service will be subject to move-outs as a last resort with a cap of 2 to 1. There will be only one"last resort person" per station on a rotation basis. In the case where there is more than one Firefighter with at least 20 years of service, the "last resort person" will be rotated on an equitable basis at the discretion of the station Captain. This provision does not apply to those non-ambulance riding Firefighter I's who are assigned to Single Company Ambulance Stations. Section 8. Action Outside City Limits. Fire Fighters who are ordered to respond outside the City limits on any Fire Department mission will be deemed to be acting in the course and scope of their duties as paid Fire Fighters and public safety officers for all purposes. Section 9. Toxicology Reports. 44 The City shall pay for the cost of toxicology reports in instances where a Fire Fighter dies and: A. The death results from an on-the-job injury; or B. The Fire Fighter's family requests a report and the Fire Fighter's recent exposure to excessive smoke or toxic fumes is suspected as a contributing factor. Section 10. Legal Defense of Fire Fighters. A. City's Obligation. The City will provide a legal defense to any Fire Fighter who: i. Is sued civilly for any action taken by the Fire Fighter while acting within the course and scope of his/her employment; or ii. Receives a traffic citation for his/her involvement in a traffic accident while making an emergency response to a fire or other emergency scene while acting in the course and scope of his/her employment. The City shall provide such legal defense through an attorney not connected with the prosecution of the case. B. Limitations on City's Liability. The City, by conducting or participating in the Fire Fighter's defense, does not: i. assume any obligation or liability not otherwise imposed by law; ii. expressly or impliedly waive any available immunity or defense; or iii. assume responsibility not otherwise imposed by law for any judgment rendered against the Fire Fighter. C. Limitation on City's Obligation. The City Manager may in his/her discretion refuse to provide a legal defense to a Fire Fighter where there are independent indications the suit results from the Fire Fighter's intentional acts, gross negligence or recklessness. The City Manager will provide the Fire Fighter a written statement of his/her reasons for declining to provide a legal defense. D. Fire Fighter's Obligations. A Fire Fighter against whom a claim is made has the following obligations: i. To notify the Fire Chief in writing of any claim being made against the Fire Fighter, and to request a legal defense from the City, not later than ten (10) days from the date the Fire Fighter received notice of such claim; ii. If sued,to forward to the City Attorney any demand,notice, summons or other process received by the Fire Fighter within 24 hours; and iii. To cooperate with the City in preparing the Fire Fighter's defense, in attending any necessary hearings or trial, in securing and giving evidence, and in obtaining the attendance of witnesses; and iv. Upon the City's request, to assist in making settlement offers, and in enforcing any rights of contribution or indemnity against any other person or organization who may be liable for all or part of the alleged damages. 45 Section 11. Copies of Agreement. The City shall distribute verbatim copies of this Agreement in electronic format to all Fire Fighters within 90 days of execution of this Agreement by the parties. Two (2)hard copies of the Agreement will be maintained at each Fire Station and other work locations for the convenience of the Fire Fighters. The City will also provide the Association with 30 hard copies of the Agreement. Article 14 ASSOCIATION HEALTH & BENEFITS TRUST FUND Section 1. Trust Creation.The City and Association agree that the Association Health&Benefit Trust is the Association's sole responsibility and that the City has no involvement in the Trust. Section 2. Indemnification. The Association shall defend and indemnify the City from any and all claims or legal actions for damages or expenses brought by any party arising from the operation or administration of the Association Health & Benefit Trust. Section 3. City Payments to Trust. Beginning on October 1, 2020 2024 and each October 1 thereafter occurring during the term of this Agreement, the City shall pay to the Association $465,000.00 $225,000 for the Corpus Christi Firefighters Health and Benefit Trust. Article 15 HOLIDAYS & HOLIDAY PAY Section 1. Recognized Holidays Each Fire Fighter shall receive the following holidays during each fiscal year: (1)New Year's Day (2)Martin Luther King, Jr. Day (3)Memorial Day (4) Feut4h of Tu Juneteenth (5) baber-Day Fourth of July (6) Ti,a-nksgi. i r,,., Labor Day (7) Thanks_ig ving Day (8) One Holiday t be deto., iiie,a by t e City, Christmas Day (9)Floating Holiday (10) One Holiday to be determined by the City. Fire Fighters shall also receive any additional holidays that are granted to other municipal employees of the City. 46 The current practice of adding holidays to vacation time shall be retained. For each holiday, hours will be placed in the Fire Fighter's vacation leave account as follows: (1) Operations Fire Fighters — 12 hours (2) Non-Operations Fire Fighters on 5/8 schedule — 8 hours (3) Non Operations Fire Fighters on 4/10 schedule — 10 hours Section 2. Pay for Holiday Work Fire Fighters who are required to work on a holiday will, in addition to receiving the holiday time credit authorized by Section 1 of this Article, be paid for the holiday hours worked as follows: A. For Operations Fire Fighters. Fire Fighters assigned to Operations will be paid according to the following formula: 1. [Annual Base Pay+Annual Add Pays] -26 =Pay Period Pay (PPP). 2. PPP- 80 = Cycle Rate 3. PPP- 108 =Dock Rate 4. [Cycle Rate x 1.5] —Dock Rate =Holiday OT Rate 5. [Holiday OT Rate] x [Holiday hours worked] = Holiday OT Pay B. For Non-Operations Fire Fighters.Fire Fighters assigned to 40-hour week positions will be paid according to the following formula: 1. [Annual Base Pay+Annual Add Pays] -26 = Pay Period Pay (PPP). 2. PPP- 80 = Dock Rate. 3. [Dock Rate x 1.5] —Dock Rate =Holiday Rate 4. [Holiday Rate] x [Holiday hours worked] =Holiday Pay As used in the above formulas, "Base Pay" is the salary provided under Article 9, §2 of this Agreement. "Add Pays" include any Longevity Pay, Certification Pay, Assignment Pay, Educational Incentive Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay received by the Fire Fighter when applicable. Article 16 SICK LEAVE & SICK LEAVE POOL Section 1. Accrual of Sick Leave Fire Fighters will accrue sick leave in the amount of 15 working days with pay per year. For purposes of this Article, a"working day" is defined as follows: • For Operations Fire Fighters 12 hours • For Non-Operations Fire Fighters on 5/8 schedule 8 hours • For Non-Operations Fire Fighters on 4/10 schedule 10 hours 47 Section 2. Use of Sick Leave for Personal Illness or Injury. Fire Fighters may use sick leave :n eenneetion with for a personal illness or injury. Absent exigent circumstances, the ill or injured Fire Fighter shall notify the appropriate mien Chief on duty immediately after he/she they knows that she they will be absent on account of illness or injury. Section 3. Use of Sick Leave for Immediate Family Member. In the event of sefi-etis illness or death in the Fire Fighter's immediate family, the Fire Fighter shall be granted sick leave at the request of the employee. The immediate family, for purposes of this Agreement, shall be defined to include parents, step-parents, legal guardian, spouse, mother-in-law and father-in-law, children, brothers, sisters, grandparents, and grandchildren. Section 4. When Physician Statement Required. Fire Fighters will be required to furnish a Physician's statement certifying to their illness or injury in the following circumstances: • When an Operations Fire Fighter is absent more than 2 consecutive work shifts; • When a Non-Operations Fire Fighter is absent more than-3 40consecutive ea eadaf day work hours; and • Anytime the Chief, in his/her judgment, deems it appropriate for a just cause. Section 5. Sick Leave Retirement Pool A. During the term of this Agreement,the City will continue to maintain the existing Sick Leave Retirement Pool for Fire Fighters,and will continue to have a maximum balance of 2,000 days, and a minimum balance of 500 days. The Pool shall be used to compensate Fire Fighters who retire with a sick leave account having more than 90 days, but less than the maximum buy back amount under Section 6.A. Eligible Fire Fighters shall be compensated from the Sick Leave Retirement Pool for the difference between their accrued amount and the maximum allowed. B. Quarterly accounting will be done to keep track of the current balance in the Pool. When the deduction of days from the Pool reduces it to a minimum of 500 days,the City will deduct 2 sick leave days from the sick leave account of each Fire Fighter once per year until the pool reaches its 2,000-day limit. Section 6. Drag Up Pay for Unused Sick Leave. A. Except in cases of disability retirement,Fire Fighters who separate will be paid by the City for the unused sick leave in their sick leave account subject to the following limits based on their years of service at separation: 48 Years of Service Maximum Sick Leave Buyback Operations Non-Operations Firefi hters Firefi hters Less than 4 full years of Zero days 0 Hours 0 Hours service 4 full years of service Not more +ha 24,a,,.,& 360 Hours 267 Hours 5 full years of service Not more tha 4 ,a,,.,5 480 Hours 356 Hours 6 full years of service 600 Hours 444 Hours 7 full years of service 720 Hours 533 Hours 8 full years of service Not more than 70 ,a 840 Hours 622 Hours 9 full years of service Not fnE) t4a Qn ,a,,.,& 960 Hours 711 Hours 10 full years of service 1,080 Hours 800 Hours 20-24 full years of 1,800 Hours 1,333 Hours service 25 or more full years of Not ffiefe t4aii 180 days 2,160 Hours 1,600 Hours service F oses or4his 7eetie " E)f leavefneaas� B. Operational and Non-Operational Fire Fighters who retire with a sick leave account having more than 90 days 1080 hours or 800 hours,respectively,but less than the maximum buy back amount under Section 6.A, shall be compensated from the Sick Leave Retirement Pool for the difference between their accrued amount and the maximum allowed. For example, a 26-year Fire Fighter who retires with 150 days 1800 hours or 1,333 hours (operational/non-operational) in his/her sick leave account would be paid for the maximum 180 days 2,160 hours or 1,600 hours (operational/non-operational), -39 360 hours or 267 hours (operational/non-operational) of which would be deducted from the Sick Leave Retirement Pool. This provision does not apply to disability retirements. C. If a Fire Fighter dies prior to separation from the Department,his/her beneficiaries will be paid the greater of: • The maximum amount allowed under Section 6.A; or 49 • The entire amount of his/her accumulated sick leave. Section 7. Drag Up Pay Rate. For each hour of Drag Up pay to which they are entitled, Fire Fighters will be paid according to the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. The formulas are: Operations Fire Fighters— [Annual Base Pay +Annual Add Pays] -2808 =Drag Up Hourly Rate Non-Operations Fire Fighters— [Annual Base Pay +Annual Add Pays] -2080 = Drag Up Hourly Rate Section 8. Catastrophic Leave. The purpose of the Firefighters' Catastrophic Leave Pool ("FCLP")is to provide Firefighters with the possibility of obtaining additional sick leave days to avoid loss of compensation due to a catastrophic illness or injury when the Firefighter has exhausted all sick leave. Donation of a Firefighter's sick leave to the FCLP is a voluntaryprogram. No inducement, discipline, or promise or threat of discipline shall be used to encourage or discourage participation. Donating to the FCLP: 1. Firefighters donating must have a total of 400 hours of sick leave accrued before being eligible to donate sick leave to the FCLP, and under no circumstances shall the donatingfirefighter irefi ter end with less than 350 hours of sick leave after donating. 2. Firefighters may donate up to a max of 120 hours of sick leave to the FCLP within a calendar year. The following requirements determine when FCLP hours may be drawn: 1. Firefighters with four (4) years or less service may use FCLP hours after one hundred sixty- eight(168) hours for Operational Firefighters and one hundred twenty (120) hours for Non- Operational Firefighters related to a single qualifying catastrophic event, provided that it is a non job related illness or injury. The first one hundred sixty-eight(168)hours or one hundred twenty (120) hours, respectively, shall be charged to the Firefighter's accumulated sick leave or vacation leave. In the event that a Firefighter has exhausted both his/her sick leave or vacation leave, then he/she will be docked the remaining hours required above. 50 2. All other Firefighters may use FCLP hours after two hundred sixteen (216) hours for Operational Firefighters and one hundred sixty (160) hours for Non-Operational Firefighters, related to a single qualifying catastrophic event,provided that it is a non job related illness or iniM. In the event that a Firefighter has exhausted his/her sick leave, then he/she will be docked the remaining hours required above. 3. Firefighters shall be permitted to use no more than three hundred and eighty-four(384) FCLP hours for Operational Firefighters and two hundred and eighty (280) FCLP hours for Non- Operational Firefighters per calendar year. 4. FCLP hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 19 of this Agreement relating to"Injury Leave."Firefighters receiving worker's compensation benefits are ineligible for FCLP hours. 5. The number of FCLP hours utilized shall be solely for the benefit of firefighters with non job related injuries or physical or mental illnesses (including alcohol or drug related problems) identified by a licensed medical physician that prohibits the firefighter from returnin to o full time, part time or light duly employment, and such hours shall not revert to the accumulated sick leave of individual employees. Firefighters may also use FCLP hours in accordance with Art. 16, Section 3 of this Contract. Incapacities due to elective procedures are not eligible under this program, however, complications that develop as a result of the elective procedure(s)may be considered eligible. 6. Requests for FCLP hours should be submitted when the need for assistance is determined. FCLP hours will not be granted on a retroactive basis, with the exception for the two years preceding the execution of this Agreement. Meaning,that if within the last two years prior to the execution of this Agreement, a Firefighter has a catastrophic event that would qualify under this Section,he/she will still be eligible to receive FCLP hours,provided that the event is still ongoing and other qualifications have been met. 7. Requests for FCLP hours must: a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis, prognosis, and anticipated return to work date of the Firefighter or other acceptable documentation at the discretion of the Fire Chief. b. Include a copy of the most current time and leave records information that reflects leave balances as of the Firefighter's last day physically on duty and the date the required use of personal sick leave,as defined in this section,will be or was exhausted. c. Be submitted on the "Request for Sick leave Pool Hours" form. 8. The Fire Chief, or designee, shall facilitate a committee review of all requests for hours from the FCLP. The committee shall include the Fire Chief or designee, an Assistant Chief, and the Association President or designee. The decision of the committee will be final and cannot be 51 grieved. The Fire Chief or designee will provide written notification to the employee of the award or denial of FCLP hours by the committee. a. The committee will determine the amount of hours to be granted for the request, based upon the information provided by the Firefighter. The committee will deny requests for which the data provided is insufficient and/or does not meet the requirements of this section. b. The Fire Chief, or designee, may reconvene the committee for further consideration should evidence become available that would have affected the outcome of the committee's decision. 9. If FCLP hours are used intermittently and an employee accrues vacation and sick leave prior to all granted FCLP hours being used,the Firefighter must use accrued leave prior to resuming use of FCLP hours. Hours granted under this program do not extend or increase time limits provided under any other policy (i.e. Limited Duty & Reasonable Accommodation, Family and Medical Leave Act, etc.) 10. Firefighters leaving employment with the City are not entitled to payment of unused hours. Additionally, the estate of a deceased Firefighter is not entitled to payment of unused hours. 11. Documentation provided in association with a request for hours will be maintained in a confidential manner, as allowed by law. 12. If the FCLP has a zero balance, (no hours available), no FCLP hours will be granted. Article 17 VACATION LEAVE Section 1. Accrual of Vacation Leave. Fire Fighters will annually accrue Vacation Leave on the basis of 26 biweekly pay periods per year as follows: • 0— 14 years of service 15 working days • 15 —29 years of service 18 working days • 30 or more years of service 21 working days For purposes of this Article, a"working day" is defined as follows: ■ For Operations Fire Fighters 12 hours ■ For Non-Operations Fire Fighters on 5/8 8 hours ■ For Non-Operations Fire Fighters on 4/10 schedule 10 hours 52 All Fire Fighters may accrue unlimited vacation hours (including holiday leave hours). Section 2. Use of Vacation Leave for Death Not in Immediate Family. A Fire Fighter, with the Chief s approval, may use vacation leave to attend the funeral of a person who is not in the Fire Fighter's immediate family. The immediate family, for purposes of this Section, includes the Fire Fighter's parents, step-parents, legal guardian, spouse, mother-in-law and father-in-law, children, brothers, sisters, grandparents, and grandchildren. Section 3. Drag Up Pay for Unused Vacation Leave. Upon separation, Fire Fighters will be paid for the following maximum amounts of unused vacation leave in their accounts: Fire Fighter Class Number of Hours Operations Fire Fighters hired after 9/1/1998 720 hours Non-Operations Fire Fighters hired after 9/1/1998 490 533 hours Operations Fire fighters hired on or before 1080 hours plus hours the Fire Fighter had 9/1/1998 on the books on 12/20/1998 Non-Operations Fire Fighters hired on or before 7-219 800 hours plus hours the Fire Fighter 9/1/1998 had on the books on 12/20/1998 Section 4. Drag Up Pay Rate for Unused Vacation Leave. For each hour of Drag Up pay to which they are entitled, Fire Fighters will be paid according to the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. The formulas are: Operations Fire Fighters— [Annual Base Pay +Annual Add Pays] -2808 = Drag Up Hourly Rate Non-Operations Fire Fighters— [Annual Base Pay +Annual Add Pays] -2080 = Drag Up Hourly Rate Section 5. Vacation Leave Buyback Program. Fire Fighters may sell back to the City two (2) working days of vacation leave for each working day of vacation leave taken by the Fire Fighter during that same year, subject to two (2) limitations: • Fire Fighters may not sell back more than ten (10)working days per year; and • Fire Fighters can sell back only accrued vacation leave in excess of thirty (30)working days. 53 The term "working days," as used in this Article, means: • 12 hours of accrued vacation leave for Operations Fire Fighters; and • 8 hours of accrued vacation leave for Non-Operations Fire Fighters. The amount paid for each hour of vacation leave bought back by the City will be determined by the formula stated above in Section 4 of this Article for payment of Drag Up Pay for Unused Vacation Leave. The City shall distribute funds owed under this Section as cash, as contributions to a Fire Fighter's deferred compensation plan, or as otherwise directed by the Fire Fighter. The Fire Fighter is responsible to pay any costs incurred for a transfer other than cash. The City may require the Fire Fighter to release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the Fire Fighter to defer compensation under this provision. The City shall not be required to make a payment to a deferred compensation plan or other plan if it determines, in its sole discretion, that such payment or distribution fails to comply with any applicable laws, rules, and regulations. Article 18 PERSONAL LEAVE & MILITARY LEAVE Section 1. Personal Leave A. Fire Fighters on the payroll as of August 1 of each year,except for cadets, shall receive five (5) a,,,,- ing , ay- 60 hours for Operations Firefighters and 40 hours for Non- Operations Firefighters of personal leave with pay. . • For-Opefatieffs Fire Fighters 12 hatir-s EB. Personal leave days shall be non-cumulative and must be taken within one (1)year of the date received. Use of these days shall be subject to the operating needs of the department and the requests of the employees. WC. Personal Leave (PL) days must be taken as follows: For Operations Fire Fighters Three Shifts r,."�: z2 P642 Pb TQP642Pb 12 DT /12 Vae 54 60 hours of Personal Leave may be taken in 24 hour or 12 hour blocks.Personal Leave may only be combined with Vacation Leave if it is the final use of Personal Leave to make a 12 or 24 hour block. 12 hour blocks may only be taken from 0800 to 2000 or 2000 to 0800. For Non-Operations Fire Fighters: 40 hours of Personal Leave, taken i 40 hetir b eks for-n�Fer-semn' and;,, 8 hotif taken in any increments, as approved by their supervisor. &D. There shall be no payment for any accrued personal leave days if an employee terminates prior to using them. Section 2. Military Leave A. Military Leave. Any permanent employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of 240 hours in any one (1) calendar year. Any permanent employee who leaves his/her position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in accordance with the terms of the Uniformed Services Employment and Reemployment Rights Act (USERRA). In order to qualify for re-employment, the employee must comply with the requirements of USERRA. Article 19 INJURY LEAVE Section 1. Line of Duty Injuries —Leave of Absence. In accordance with Texas Local Gov't Code §143.073, a Fire Fighter will be granted a leave of absence and will not be charged with sick leave for a time period commensurate with the nature of the illness or injury related to the person's line of duty, up to one (1) year if necessary, and for any additional period approved by the City Council at full or reduced pay. After the Fire Fighter has exhausted his/her line of duty injury leave and Light Duty afforded by the City according to the Fire Department's Limited Duty Policy, if any, the Fire Fighter may utilize accrued sick, vacation and personal leave as authorized by §143.073(c)if the City Designated Physician certifies that the line of duty illness or injury continues to prevent the Fire Fighter from returning to duty. Section 2. Definitions. 55 For purposes of this Article, the following definitions apply: 1. A"line-of-duty illness or injury"is one that was directly and substantially caused by the duties of the position. This definition does not govern the payment of workers' compensation benefits, which are governed solely by the workers' compensation statutes. 2. A "disability" shall be defined as a physical injury or illness which prevents a Fire Fighter from fully performing the duties of the position to which s/he was assigned at the time of his/her disability began. 3. A "permanent disability" is an injury or illness which disables a Fire Fighter to the extent that it cannot be said in reasonable medical probability that s/he will be able to return to full duty within one (1) calendar year from the date that the Fire Chief determines in writing that the disability is permanent. Section 3. Permanent Disability Determinations/Reappointments. The procedure for determining whether a Fire Fighter has a permanent disability shall be as follows: In the event the Chief determines after consultation with the City Designated Physician that a Fire Fighter is permanently unable to perform his or her job duties, the Fire Chief may institute immediate termination or retirement, whichever is applicable. Prior to taking formal action on the permanent disability determination,the Fire Chief will notify the Pension Board,in writing, of his/her intentions. The Fire Fighter may call for further examination by a board of three (3)physicians. The City will appoint one (1) of these doctors; the Fire Fighter will appoint the second; and these two (2) doctors shall appoint the third doctor who must be approved by the City's Designated Physician. The Fire Fighter shall pay fees charged by his/her doctor, and the City will pay fees charged by the other two (2) doctors. The decision of the majority of these three (3) physicians as to whether the Fire Fighter is permanently disabled as defined within this Article will be final. A Fire Fighter who previously has been terminated for disability may be eligible for reappointment at the same rank if, within 2 years of the termination for disability: • the City's designated Physician certifies that s/he has recovered and physically is able to perform full duties; and • s/he is found to be otherwise qualified. Section 4. Entitlement to Leave Upon Disability Retirement. A Fire Fighter who retires on disability receives the following leave benefits: • Drag Up Pay for accrued vacation leave, subject to the applicable caps in Article 17; • Drag Up Pay for all accrued sick leave (not eligible for additional days from the Sick Leave Pool); and 56 • If the Fire Fighter was disabled by a line of duty illness or injury, pay for any part of the Fire Fighter's one-year injury leave of absence that was not taken. All such payments under this Section shall be calculated and compensated as of the date the employee is determined to be permanently disabled and shall not include additional accrual of sick leave, vacation leave,personal leave or holidays beyond that date. Article 20 WORK HOURS Section 1. Workweek and Duty Hours for Operations Fire Fighters. A. 24/48 shift schedule. The regular work shift for Operational Fire Fighting personnel assigned to fire suppression and emergency medical services duties shall be based upon a schedule of 24 hours on and 48 hours off for a yearly average of fifty-four(54) hours per week. For these Fire Fighters, twelve (12) scheduled working hours shall be counted as one (1) work day for vacation leave, sick leave, personal leave and any other leave purposes. B. Shift Hours. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be worked and shall end at 8:00 a.m. on the following day. C. Holdovers.A Fire Fighter who is required to holdover at the end of his/her scheduled shift to complete a fire or ambulance call will be compensated for the additional time to the nearest 15 minutes. If the Fire Fighter is required to holdover,the City shall not be required to provide additional compensation for holdover assignments lasting less than 15 minutes. However, if the holdover period lasts longer than 15 minutes, the Fire Fighter will be compensated for the entire holdover period at his/her overtime rate. D. Straight Time Compensation. The parties understand and agree that the City fully compensates Fire Fighters for all straight time pay due them for their regularly scheduled hours. Operations Fire Fighters receive straight time monetary compensation to work 216 hours in each 27-day work cycle that does not include a Kelly Day and 192 hours in each 27-day work cycle that does include a Kelly Day. E. Specialized Training Assignments_Operations Fire Fighters may be placed on a 40 hour work schedule for the purpose of attaining specialized training. Specialized training includes, but is not limited to: • Training in HAZ-MAT, rescue, fire prevention and/or arson investigation; • EMS certification and recertification classes; • promotional orientation; and 57 • attendance at any Fire academy into which the Department has enrolled the Fire Fighter. If an Operations Fire Fighter is required to take leave time to attend specialized training and said time is for the purpose of transitioning to a forty (40) hour work schedule, such transition leave shall not break the cycle for FLSA purposes. Section 2. Work Week and Duty Hours for Non-Operations Fire Fighters. A. Battalion Chiefs & Above. Non-Operations Fire Fighters at or above the rank of Battalion Chief will have a 40-hour workweek with a schedule determined by the Fire Chief. B. Captains & Below. The regular work week for Non-Operational Fire Fighters below the rank of Battalion Chief assigned to the Fire Prevention or Training Divisions shall be 40 hours per week. The regular weekly schedule will be four(4)ten(10)hour shifts per week. In the Fire Prevention Division,the Fire Chief,may alter the regular weekly schedule if Fire Prevention staffing falls to 50% or less of its required level. In the Training Division the Fire Chief, at his/her discretion, may alter the regular weekly schedule at any time. A four(4)ten (10)hour day weekly schedule will begin at 8:00 a.m. and will end at 6:30 p.m. with a thirty (30) minute unpaid meal period. C. Election of Alternate Workweek by Captains & Below. Non-Operations Fire Fighters below the rank of Battalion Chief assigned to Fire Prevention or Training may elect, once each year and with the approval of the Fire Chief, to work a weekly schedule of five 8-hour shifts. This election will continue in effect for a year, subject to alteration by the Fire Chief as provided in paragraph B above. Section 3. Call-backs. A. Call-Back Procedure. The current agreed call-back procedure, described in Department Standard Operating Procedure's (SOP's) (appended to this Agreement as "Appendix B") shall be used during the term of this Agreement unless changed by mutual agreement of the parties. B. Revisions Committee. The Fire Chief, in his discretion, may appoint a committee to develop a revised call back policy. The Committee will be composed of six (6) members,three(3)appointed by the Chief, and three(3)appointed by the Association. The Committee will meet as appropriate and determine whether and in what manner the Department's call-back procedure should be changed. Any recommended changes will be forwarded to the Chief and the Association President for the parties' consideration. Any recommended revisions will take effect upon approval by both the City and Association. For purposes of this subsection, the Association's Executive Board has authority to give the Association's approval. Fire Fighters will be briefed on any new call-back procedures before they are implemented. 58 C. Emergency Call-Backs. In an emergency, i.e., any unexpected or unforeseen event requiring immediate action, the Department may utilize any means necessary to initiate assistance. Fire Fighters called in on an emergency call-back will not lose their place on any call back list. Emergency Call-Backs are a mandatory requirement to report to work in the event of an emergency or other situation as declared by the Fire Chief or his/her designee. D. Restricted on-call compensation. Off-duty Firefighters who are ordered by the Fire Chief to be on restricted on-call duty shall be compensated at a rate of$1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy_ Article 21 HIRING PROCEDURES & PROBATIONARY PERIOD Section 1. Standard Hiring Process. A. Entrance Exams.Entrance examinations may be administered at any time to qualified applicants. Notice of such examinations will be made in accordance with the requirements of the CSA. B. Eligibility Lists. All entry-level applicants passing the written examination, oral examination,psychological examination, medical examination, strength and endurance examination, and any other exams deemed necessary by the Fire Chief will be number-ranked upon the entry-level eligibility list based upon their composite scores, which shall be posted simultaneously. Such eligibility list shall be valid for a period of one (1)year from the date the eligibility list is posted. For example, an eligibility list posted on October 8, 2015 would remain in effect until October 8, 2016. Selections from an eligibility list for Cadet positions will be in number-rank order as specified in the CSA. Applicants who fail will be required to wait one (1) year before taking the test again. Section 2. Alternate Hiring Procedure. A. Use of Alternative Hiring Optional. The provisions of this Section are discretionary on the part of the Fire Chief and may not be used to compel the City to hire or appoint any individual whether or not vacancies currently exist. The Fire Chief, in his/her sole discretion, may deny the application of an alternative-hire candidate even though the candidate meets all alternative-hire requirements. Such decisions shall not be subject to this Agreement's Grievance procedure. B. Alternative Hiring Program. Whether or not an entry-level eligibility list currently exists or is required, the Chief may appoint applicants to beginning positions by utilizing this alternative hiring process. Each alternative-hire must possess an EMT-Basic, EMT-Intermediate or Paramedic Certification, at the time of hire. Each alternative-hire will be required to obtain Paramedic certification if not already possessed at time of hire. Each alternative-hire will thereafter maintain 59 his/her Paramedic Certification thereafter as a condition of employment and will be subject to the certification requirements set forth in this Agreement. Additionally, each alternative-hire must successfully complete the following entry requirements: • a medical examination, • a physical fitness examination • a written examination, • a background investigation, • an interview by a panel appointed by the Chief, • a drug test, and • any other current eligibility requirements deemed appropriate by the Chief. C. Alternative Academies. Alternative-hires must successfully complete an academy specifically designed for them. Alternative-hires who do not possess a current Firefighter Basic Certification prior to entering this academy must pass the Firefighter Basic Certification exam in order to successfully complete the academy. D. Alternative Pay. Alternative-hires who possess both a Firefighter Basic Certification and a Paramedic Certification at hire will receive starting Firefighter I salary and will be considered Firefighter I's for all purposes except seniority. Such alternative-hires shall not begin to accrue seniority until they are released to full duty. Alternative-hires who possess only a Paramedic Certification at hire will receive the salary of a Cadet at the 12-month salary step and shall be Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. Alternative-hires who possess both a Firefighter Basic Certification and an EMT-Basic or EMT-Intermediate Certification at hire will receive the salary of a Cadet at the entry level step and shall be Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. Alternative-hires who possess only an EMT-Basic or EMT-Intermediate at hire will receive the salary of a Cadet at the entry level step and shall be Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. E. Preemption. The Chief s use of this alternative hiring procedure preempts contrary CSA requirements. Section 3. Probationary Period for New Employees. A. Probationary Period. A new employee in the Fire Department shall serve a probationary period that begins on the first date of employment and ends 6 months after achieving rank as a Full Duty Fire Fighter. However, under no circumstances shall a Probationary period be less than 18 months from the date of hire. During the probationary period, such employee may be discharged at the discretion of the Chief, without any right of appeal. When 60 employees have completed the probationary period, they shall automatically become full-fledged Civil Service Fire Fighters and shall have full Civil Service protection as specified by Chapter 143 and this Agreement. B. Post-Academy Probationary Benefits. In addition to insurance, sick leave,vacation, and holidays, it is understood that upon graduation from the Fire Academy and achieving the first entry level rank as a Full Duty Fire Fighter, Fire Fighters shall receive the following: (a) 100% of the uniform allowance, (b) longevity pay, (c) Paramedic Certification pay, if certified, upon approval of the Assistant Chief — Field Operations and (d) supplemental insurance. After completion of the probationary period Fire Fighters will receive 100% of all benefits specified in this Agreement to which they are entitled. C. Probationary Time-in-Grade Credit. For promotional purposes, the effective date of the promotion indicated on the official City document (Form 12) will be used to determine the classification of Firefighter to meet eligibility requirements. Section 4. Reimbursement of Training Expenses Upon Early Departure If a Fire Fighter voluntarily leaves employment of the City within two (2)years after his/her probation ends, the Fire Fighter will reimburse the City for monies expended to train and certify the Fire Fighter. The former fire fighter shall reimburse the City those training and certification expenses within six (6) months of his/her voluntary departure date. Article 22 PROMOTIONS Section 1. Promotional Examinations -Firefighter II. A. Exam Procedure. Except as modified by this Article, the City will administer and grade Firefighter II promotional exams, and establish Firefighter II promotional eligibility lists, as provided by the Civil Service Act. Separate exams for Firefighter II-Driver and Firefighter II-EMS will be administered. B. Eligibility Requirements — Firefighter 11-EMS. To be eligible to take the Firefighter II- EMS promotional exam, a Fire Fighter must meet both of the following eligibility requirements: 1. Two consecutive years as a Firefighter I; and 2. Certification as a Paramedic. The Firefighter II-EMS promotional eligibility list will be used only to fill Emergency Medical Services vacancies. C. Eligibility Requirements—Firefighter II-Driver. 61 Fire Fighters must serve a minimum of two (2) consecutive years as a FF2/EMS, or eight (8) consecutive years as a FF1, to be eligible to take the FF2/Driver promotional examination. Section 2. Promotional Examinations—Captain. A. Exam Procedure. Except as modified by this Article, the City will administer and grade Captain promotional exams, and establish Captain promotional eligibility lists, as provided by the Civil Service Act. B. Eligibility Requirements - Captain. 1. Time-in-Grade Requirement.All Fire Fighters must serve at least 5 (five)years as a Full Duty Firefighter, with a minimum of 2 (twos consecutive years as a Firefighter II Rr-�ef Firefighter-11 D-;. to be eligible to take the Captain promotional exam. 2. Grandfather Clause. However,the Time-in-Grade requirement above does not aply to a Firefighter II, who on September 30, 2024, would have been eligible to take the Captain's exam under the terms of the previous collective bargaining agreement dated October 1,2020 thru September 30, 2024. All other Firefighters must comply with the Time-in-Grade Requirements stated in subsection 1 above. -2-.3. Paramedic Certification Requirement. a. Fire Fighters hired before May 1, 2000. Fire Fighters hired prior to May 1, 2000, who have: • served as a Firefighter II for more than two consecutive years, and • served continuously in the Department since their hire date, need not possess Paramedic certification to be eligible for the Captain promotional exam. This does not relieve a Fire Fighter of any other EMS certification requirement described in this Agreement. b. Fire Fighters hired on or after May 1,2000.Fire Fighters hired after May 1, 2000,must possess Paramedic certification to be eligible to take the Captain promotional exam. After promotion to Captain,these Fire Fighters must maintain Paramedic certification for the longer of the following periods: • one additional required recertification, or • four years. Failure without adequate explanation to maintain said certification will be grounds for discipline up to and including demotion or indefinite suspension. Section 3. Orientation for Firefighter II Drivers and Captains. The Department's Training staff will provide all newly promoted Firefighter II-Drivers and Captains with a thorough orientation commensurate with the responsibilities of the ranks. The 62 orientation will include, at minimum, the following: hydraulics, driving laws, safety procedures, responsibilities of the job, leadership in the fire service, and report writing (including all forms used within the Fire Department). The orientation shall not be part of the promotional procedure and shall not count as part of the final promotional grade. Fire Fighters shall receive this orientation prior to assignment to their new positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay purposes. Section 4. Corrections to Promotional Examination Questions. The Civil Service Director may, within five days after an exam is administered, recommend to the Civil Service Commission that changes to exam questions be made if: • clerical errors in compiling the test questions have been discovered, or • a question arises as to general accuracy. This does not restrict Fire Fighters' rights to appeal questions to the Commission as allowed by Section 143.034 of the CSA. Section 5. Notice of Promotional Exams & Source Materials. A. Source Materials. Each January, the Civil Service Director will post the list of sources from which promotional examination questions will be taken for all promotional exams to be administered during the one-year period commencing in April of the same year. The source materials shall be made available to candidates at least 30 days prior to the scheduled examination dates. B. Promotional Exam Dates.Notice of Promotional Exam dates will be posted pursuant to the CSA. Section 6. Promotional Process -Battalion Chiefs & Competitively Selected Assistant Chiefs. A. Eligibility for Battalion Chief Promotional Exam. Fire Fighters must complete two continuous years in the rank of Captain to be eligible to participate in the Battalion Chief promotional process. B. Eligibility for Assistant Chief Promotional Exams.Fire Fighters must complete two continuous years in the rank of Battalion Chief to be eligible to participate in the Assistant Chief promotional process. C. First Component - Written Exam. The first component of the promotional process for Battalion Chief and competitively selected Assistant Chiefs will be a written exam administered as follows. 63 1. The written examination shall consist of questions relating to the specific duties of the position to be filled. 2. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event of tie scores, the candidate who first provides his/her test sheet to the test administrator for grading shall be ranked higher. 3. Only the highest ten (10) participants will be allowed to participate in the Assessment Center phase of the promotional process. 4. The posting of the written examination results will contain only the names of the top ten applicants by score, listed in alphabetical order. 5. All applicants will be notified of their individual scores, but no scores will be posted. D. Second Component — Assessment Center. The second component of the promotional process for Battalion Chief and competitively selected Assistant Chiefs will be an Assessment Center administered as follows. I. Selection of Assessors. The City's Director of Human Resources will select sb�per�ens an adequate number of assessors from outside the Fire Department to serve on the Assessment Panel. To be eligible for appointment, a candidate must hold an administrative level position in a fire department in a city with a population of at least 100,000. At least t-vve one of the Assessors must be from outside the State of Texas for every three total assessors (e.g., if 7 or 8 assessors are utilized, at least 2 must be from outside the State of Texas). 2. Approval of Assessors.Both the Chief and the Association President, or their representatives, will be given five days to approve or strike the Assessors chosen by the Director of Human Resources, subject to the following conditions. a. The Chief and Association President will keep confidential the names on the list of proposed Assessors provided by the Director. b. If the Association President appoints a representative to act in their place, the Fire Fighter chosen must not be a candidate for the promotional process in question. C. Neither the Chief nor the Association President may strike more than r-we one names from the Director's list of proposed Assessors for every three total assessors (e.g if 7 or 8 assessors are utilized,the Fire Chief and the Association President will be allowed 2 strikes each). d. If the Chief or Association President declines to approve an Assessor chosen by the Director,s/he they must provide the Director a reason for withholding approval together with the name of a proposed alternate Assessor. e. The names of alternate Assessors proposed by the Chief or Association President will be provided to the other side for approval and/or striking unless and until that side has exercised both of its all of its available strikes. 3. Training of Assessors. Assessors shall be trained for a minimum of eight (8) hours in the methods to be used in administering the test. 64 4. Notice of Assessment Center Exam Date. The announcement of the Written Test date will also state the date that the Assessment Center Exam will be administered. 5. Notice of Assessment Center Process. A brief explanation of the Assessment Center process will be posted at least three days prior to the date the Written Test is administered. In addition, all candidates will be given the opportunity to attend a classroom orientation concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. 6. Administration of the Assessment Center. The assessment center process shall include at least three(3)exercises. Feedback shall be provided to each candidate in a"feedback" session by the assessment center coordinators. The purpose of this session will be to provide each candidate with his,Lher their score,the areas in which she they excelled and did poorly, and what she they might do to improve h-is,lher-their performance in the future. 7. No Appeal. The results of the Assessment Center examination shall be binding for one year and,absent fraud,are not appealable to the Civil Service Commission or any other forum. E. Promotional Eligibility Lists. 1. When Posted. Within 48 hours of the conclusion of the entire Assessment Center process, excluding weekends and City-observed holidays, a promotional eligibility list shall be prepared and posted. 2. Basis for Promotional Rankings. Each promotional eligibility list shall reflect the ranking of all applicants who completed both parts of the promotional process (Written Exam and Assessment Center) according to their"Rank Score," determined as follows. a. A "Total Score" will be determined for each candidate, weighted as follows: Written examination score 40% Assessment Center score 60% TOTAL SCORE 100% b. Each applicant's "Rank Score" will consist of his/her Total Score plus one point for each year of service in the Department up to ten years, for a maximum score of 110 points. Section 7. Promotional westing while on Military Leave Effective with the signing of this agreement firefighters who were serving on active military duty as members of the armed forces and who were eligible_ promotional candidates according_ to o the 65 rules as set out by USERRA when a department promotional exam was offered,who did not take the exam, may take the next available promotional exam given for the rank for which they are currently eligible. If the firefighter's score would have resulted in a promotion if it had been achieved on the exam(s) missed due to active military service, the firefighter will be promoted into that rank after returning to full duty and completing a promotional physical. This promotion will be absorbed back into the authorized compliment once a new vacancy for the rank occurs and no additional promotion for that position will occur. Seniority in rank will be established as of the date the firefighter would have been promoted, as if he or she had not been on active military service. The firefighter will also receive a lump sum payment in the amount of the difference between the pay actually received and the promotional rank pay for the period of time since the firefighter returned to the Fire Department from active duty. This provision is intended to comply with requirements of USERRA, and to supersede the terms of Sections 143.032(b) and 143.036 of the Texas Local Government Code. This Agreement does not prevent the City from taking steps to comply with USERRA under unique or special circumstances. Section 8. Life of Promotional Eligibility Lists. All promotional eligibility lists will remain in effect for one year measured from the date the exam is administered, unless earlier exhausted. For example, if the exam is administered on March 15, 2015 the list expires at 11:59 p.m. the following March 15, 2016. Promotional exams will be held annually when each list expires or is exhausted for the rank of FFII EMS, FFII Engineer, and Captain, regardless of vacancy. To accomplish this, Promotional exams for the ranks listed above, will be given no later than 45 days, excluding holidays, after expiration of a list. However, in the event a promotional list is exhausted before its expiration, then the City will have 60 days, excluding holidays, to hold a Promotional exam, regardless of a vacancy. For all other ranks, the City will follow the relevant provisions of Civil Service Act. Section 9. Notification of Promotion. Any Fire Fighter promoted to a higher classification shall be notified in writing within 20 days from the date of promotion. Section 10. Promotional Examination Eligibility for Current or Lower Rank/Classification A Firefighter is not eligible to take a promotional exam for a rank/classification that the Firefighter currently holds or in a lower rank/classification. Article 23 GRIEVANCE PROCEDURE 66 Section 1. Purpose. A. Scope. The purpose of this grievance procedure is to establish an effective method for the fair, expeditious and orderly resolution of grievances. A "grievance" is defined as any dispute, claim, or complaint concerning the interpretation, application or alleged violation of any provisions of this Agreement. The Association or any Fire Fighter may file a grievance in the manner described in this Article. If a matter is not a "grievance" as herein defined, it may not be submitted to the grievance procedure, including arbitration, for resolution. B. Exclusions. This grievance procedure does not apply to: 1. Fire Fighter appeals of discharges, disciplinary suspensions, demotions, promotional bypasses, and promotional examination appeals, which shall be governed by the procedures set forth in other articles of this Agreement; 2. Any section of this Agreement that is specifically excluded from the grievance procedure: and 3. Claims concerning alleged violation of statutes or other law outside the Agreement unless the Agreement specifically incorporates such statute or other law. Neither the Association nor a Fire Fighter has the right to file or arbitrate grievances concerning matters excluded by this Subsection. Section 2. Initiation of Grievances. A. Association & Individual Fire Fighter Grievances. Each grievance shall be submitted on the form attached to this Agreement as Appendix "C-1." Each written grievance must include: (1)the grievant's name and title; (2) a brief statement of the grievance and the facts or events on which it is based; (3)the date(s)the grievance occurred; (4)the sections(s) of the Agreement alleged to have been violated; (5)the remedy or resolution sought; (6)the Fire Fighter's or Association representative's signature; and (7)the date the grievance was received by the Association Grievance Committee. B. Group & Class Action Grievances. If the grievance involves an issue affecting a group of Fire Fighters, it may be filed as a group grievance, and each affected Fire Fighter will sign the grievance. If it affects the bargaining unit as a whole, or a large class of Fire Fighters, the Association may file it as a"Class Action" grievance by so noting on the grievance form (Appx. C- 1), and describing the class of persons affected. If the City contests the Association's designation or non-designation of a grievance as a group or class action grievance, and the parties are unable to resolve the dispute, the Arbitrator is authorized to decide the dispute. Section 3. Grievance Procedure. A. Step 1 -Informal Attempt at Resolution. 67 In order for the City to have notice and an opportunity to correct any alleged unintentional violations of this Agreement, a Fire Fighter (and his/her representative) who is aggrieved should, where appropriate, seek to informally resolve a grievance with his/her supervisor and up the chain of command ending with the appropriate Assistant Chief. B. Step 2 -Action by Association Grievance Committee. A Fire Fighter or Association Representative must file the formal written grievance with the Association Grievance Committee within 25 calendar days of the date that s/he knew of or should have known of the facts or events giving rise to the grievance. The Association Grievance Committee will forward a notice of receipt of the grievance with a brief description of its nature to the Fire Chief or his/her designee within 3 calendar days of receipt of the grievance. The Association Grievance Committee shall within 25 calendar days of receipt of the grievance, determine if a valid grievance exists. If the Association Grievance Committee determines that no valid grievance exists, it shall notify the Fire Chief or his/her designee that no further proceedings are necessary. If the Association Grievance Committee determines that the grievance is valid, it shall so notify the Fire Chief, and forward the completed form attached to this Agreement as Appendix "C-2" together with the written grievance to the Fire Chief. C. Step 3 -Action by the Fire Chief. Upon receipt of a formal written grievance from the Association Grievance Committee, the Fire Chief or his/her designee shall submit his/her response in writing to the Association Grievance Committee within 25 calendar days of receipt of the grievance. The Fire Chief or his/her designee(s) may, but is not required to, conduct an informal grievance meeting with the Association and the affected Fire Fighter(s)prior to submitting his/her response. The Fire Chief s response will be on the form attached to this Agreement as Appendix "C-3". D. Step 4 -Action by the City Manager. The Association Grievance Committee shall have 10 calendar days following its receipt of the Fire Chief s response to submit the grievance to the City Manager. The City Manager or his/her designee may, but is not required to, conduct an informal grievance meeting with the Association representative(s)and affected Fire Fighters. The City Manager or his/her designee shall submit his/her written response to the Association Grievance Committee using the form attached to this Agreement as Appendix "C-4" within 25 calendar days of receiving the grievance. E. Step 5 -Invocation of Arbitration. The Association Grievance Committee shall have 10 calendar days after it receives the City Manager's response to submit the matter to arbitration. The Association will provide written notice to the City Manager of its intent to submit the grievance to arbitration. 68 Section 4. Arbitration Procedure. A. Arbitrator selection; setting hearing. If a grievance is submitted to arbitration, the City and Association may mutually agree to a neutral arbitrator. If the parties are unable to do so after 14 calendar days, either may request a list of 7 arbitrators from the American Arbitration Association (AAA). The party requesting a list of arbitrators will provide a copy of the request to the other party. Within 10 calendar days following receipt of the list of arbitrators,the parties shall select an arbitrator by alternately striking names from the list. The parties shall flip a coin in front of the Director of Human Resources, or designee, to determine who strikes first. When only one (1) name remains, that person shall serve as the arbitrator. The parties will promptly notify the AAA of the arbitrator's selection. The AAA will notify the chosen arbitrator who, together with the parties' representatives, will select a time,place and date for the arbitration hearing. B. Arbitration hearing & decision. The following procedures will govern the conduct of the arbitration hearing. 1. The hearing will be conducted informally and the strict rules of evidence or pleadings shall not apply. 2. The Association will bear the burden of proof by a preponderance of the evidence. 3. An official stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing and the cost of the transcript will be shared equally.If there is no agreement on this point,a party desiring to do so may have a transcript made at that party's sole expense. However, in that case, the arbitrator will determine whether s/he will receive a copy of the transcript. If the party not ordering the transcript wishes to have a copy, that party will have to obtain and pay for the copy through the court reporter who prepared the official stenographic transcription. 4. The parties are responsible for any cost necessary to secure the presence of their witnesses at hearing, except that the Fire Department will make subpoenaed Fire Fighters who are scheduled to work available to testify. 5. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior to the hearing date, the parties shall exchange the names of witnesses expected to be called at the hearing. Except for true rebuttal witnesses whose testimony could not reasonably have been anticipated, the arbitrator shall exclude the testimony of a witness that a party failed to identify after timely request to identify. 6. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior to the hearing date, the parties shall exchange documents to be used as exhibits at the hearing. Upon failure of a party to disclose such exhibits the arbitrator shall exclude their admittance, unless the exhibit is used as a rebuttal exhibit and its use at the hearing could not have reasonably have been anticipated. 7. The arbitrator shall have the power to subpoena witnesses,records and other evidence. At least two (2) calendar weeks prior to the hearing, the party requesting the subpoenas shall prepare such subpoenas and ask the Arbitrator to sign them. Each party shall be responsible for and bear the cost of serving the subpoenas to its witnesses.A party may apply to the arbitrator to quash a subpoena so issued. 8. The parties, in writing, may request discovery before the hearing. A party's failure to provide the requested information within 2 calendar weeks of the discovery request will be deemed a 69 denial of the discovery request. The requesting party may then petition the arbitrator to compel such discovery if appropriate to the nature of the case. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, the objections of the party resisting the discovery request, and such other matters as s/he may deem material. The arbitrator's decision as to appropriate discovery will be final. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within 5 calendar weeks prior to the hearing. 9. Within thirty(30) calendar days after conclusion of the hearing, or after receipt of closing briefs if requested, the arbitrator shall issue a written opinion and ruling with respect to the issues presented, a copy of which shall be mailed or delivered to the Association and City. 10. The losing party shall pay all of the arbitrator's fees and expenses. The arbitrator's written opinion shall designate the losing party for purposes of this requirement. If the arbitrator determines that both parties lost in part, s/he will apportion fees and expenses accordingly. C. Arbitrator's Authority. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement(s) thereto. The arbitrator shall have no authority to add to, subtract from, or modify the applicable provisions of this Agreement in arriving at a decision on the issue or issues presented. The arbitrator shall confine his/her decision to the interpretation, application or enforcement of this agreement as applicable to the facts and circumstances presented. The arbitrator shall confine himself/herself to the issue(s) submitted for arbitration,and shall have no authority to determine any issue(s)not properly submitted by the parties. However, if the parties disagree as to the issue(s) for decision, the Arbitrator is authorized to frame the appropriate issue(s). Section 5. Enforcement of Grievance/Arbitration Procedure Time Limits. A. For the purpose of this Article, if the due date for any response or notice falls on a Saturday, Sunday, or City-observed holiday,then the due date will extend to the next day that is not a Saturday, Sunday or City-observed holiday. B. All time limits set forth in this Article must be strictly observed unless extended by mutual consent. Failure of the Association to comply with the time limits set forth, absent legitimate excuse, will constitute abandonment of the grievance, and no further action may be taken. Failure of the City to respond within the time limits, absent good cause, will constitute a denial of the grievance effective the last date of the response period, and the grieving party may proceed to the next step of the grievance procedure. Section 6. Arbitrator's Ruling Binding; Election of Remedies. The arbitrator's decision as to matters properly grievable under this Article is final and binding on the parties. The parties understand and agree that filing a grievance concerning a matter properly grievable under this Article constitutes an election of remedies. Any appeal of an arbitrator's decision shall be strictly and solely limited to the following grounds: • that the arbitrator exceeded his/her authority as provided under this Agreement; or 70 • that the arbitrator's decision was procured by fraud, collusion or other unlawful means; or • that the arbitrator's decision represents a clear and manifest error of law. The Association or the City may file an appeal of the arbitrator's decision based on these limited grounds in the District or County Court at Law in Nueces County, Texas. Article 24 APPEALS FROM DISCIPLINARY ACTIONS Section 1. Preemption. The procedures provided herein preempt contrary provisions of the Civil Service Act to the extent of any conflict. Otherwise, the procedures provided in the CSA remain applicable. Section 2. Disciplinary Actions. A. Fire Chiefs Authority. The Fire Chief shall have the authority to suspend, demote or dismiss (indefinitely suspend) a Fire Fighter for violations of civil service rules. The Fire Chief also retains his/her authority to take lesser corrective actions (e.g., reprimands, letters of counseling, performance improvement plans, etc.). Such lesser corrective actions are not considered "discipline" and are not subject to the disciplinary appeal process specified in this Article. Copies of lesser corrective actions will be given to the affected Fire Fighter. The Fire Fighter may reply in a letter of rebuttal within twenty (20) days from receipt of the lesser corrective action and such letter of rebuttal shall become apart of the Fire Fighter's personnel file. B. Allowable Involuntary Suspensions. The Fire Chief may suspend a Fire Fighter for a period of not more than 30 calendar days, or indefinitely. An "indefinite suspension" constitutes a dismissal from the Department. C. Dismissal Creates Vacancy. A dismissal (indefinite suspension) results in the creation of a vacancy. 1. In the case of promotional ranks, the vacancy occurs as of the date of the indefinite suspension. Promotions into the vacancy will follow requirements established by the Civil Service Act. 2. If an indefinitely suspended Fire Fighter's appeal is sustained and the Fire Fighter is then reinstated but the position has been filled,the Fire Chief shall request that a provisional position be temporarily added in that rank for the remainder of the fiscal year in which this occurs. That request may be granted, denied or modified based on the needs and budgetary constraints of the Fire Department and the City. 71 3. Nothing in this section shall be construed to divest or otherwise limit the City's right to implement a reduction in force, as authorized in Section 143.085 of the Civil Service Act. However, if the City implements a reduction in force rather than creating a provisional position, any resulting reinstatement lists will remain in effect for two (2) years unless earlier exhausted. D. Allowable Agreed Suspensions. The Chief may also suspend a Fire Fighter for 31- 90 calendar days if the Fire Fighter provides written agreement accepting the suspension, and waiving any and all rights to appeal the agreed suspension. No administrative or judicial body will have the power to review an agreed suspension or alter its terms.However,if the terms of an agreed suspension allow termination for a violation thereof, an arbitrator may decide whether or not a Fire Fighter has violated the terms of the agreed suspension. Section 3. Disciplinary Investigations & Procedures. A. Gov't Code Chapter 614, Subchapter B Not Applicable. The parties agree that the provisions of this Article satisfy Texas Government Code §614.021(b) and render Texas Gov't Code Chapter 614, Subchapter B inapplicable to disciplinary actions undertaken by the Department. B. Investigation Techniques. During the term of this Agreement, the Department's investigations of complaints against Fire Fighters will be conducted following policies and practices currently in effect. If a Fire Fighter is interviewed as part of the investigation, s/he will be notified in advance of the allegations being investigated, and upon request to the Fire Chief or designee, be allowed to have an Association representative present at the interview. C. Notice of Contemplated Action. Prior to taking disciplinary action, the Fire Chief will provide the Fire Fighter a written notice stating the action(s) contemplated and the reasons therefore. The notice will also specify a reasonable deadline by which the Fire Fighter must provide the Chief with any written or oral rebuttal to the charges. D. Written Statement of Charges.After the opportunity for rebuttal has passed,the Fire Chief may demote,suspend or dismiss a Fire Fighter by personally providing the Fire Fighter a written statement of charges. If the Chief is unable, despite due diligence, to secure personal service on the Fire Fighter, s/he may serve the written statement of charges by certified mail, return receipt requested, to the Fire Fighter's last known address. Proof of such service upon the Fire Fighter shall be sufficient to support any disciplinary action. Where service is by certified mail, a copy of the statement will be delivered to the Association. A copy of the statement of charges, along with a copy of the notice of contemplated action, shall be promptly filed with the City's Director of Human Resources. E. Contents of Disciplinary Action Notice. The Fire Chief s written statement of charges shall point out the particular civil service rule(s) alleged to have been violated by the Fire Fighter, and describe the specific act(s) alleged to constitute a violation. Said statement shall inform the Fire Fighter that s/he has 10 days after receipt of the written statement of charges to file a written appeal with the City's Director of Human Resources. 72 F. Time Limit for Disciplinary Action. A Fire Fighter may not be disciplined for alleged violation of civil service rules that occurred more than 6 months prior to his/her receipt of the written statement of charges. Exceptions to this time limit are as follows: • If the Fire Fighter's conduct would constitute a felony, the Fire Chief may take disciplinary action by the earlier of the following dates: (i) within 6 months of discovering the felonious conduct; or (ii)the date the criminal statute of limitations runs. • The Fire Chief may take disciplinary action against a Fire Fighter based upon his actual conviction of a felony within 30 days after the conviction. Section 4. Appeals of Disciplinary Actions to Arbitration. A. Agreement Procedure Governs. Appeals initiated by a fire fighter following a suspension, demotion, or dismissal (indefinite suspension) shall be determined by the arbitration procedure provided in this Agreement, rather than by the Civil Service Commission. B. Initiating Appeal. A Fire Fighter may appeal a disciplinary action by filing a written appeal with the Director of Human Resources. To be considered timely, the appeal must be filed: • Within 10 days of receipt of the written statement of charges, if they are delivered personally; or • Within 13 days from the date of mailing, if alternate service by certified mail was made. In either case, if the last day for appeal falls on a Saturday, Sunday, or City-observed holiday, the deadline shall be extended to the first day thereafter that is not a Saturday, Sunday, or a City-observed holiday. C. Selection of Arbitrator to Hear Appeal. One (1) arbitrator selected in the following manner will hear Fire Fighter appeals of suspensions, demotions and dismissals. Upon receiving a Fire Fighter's written appeal, the Director of Human Resources, or designee will immediately notify the Association and Fire Chief of the appeal to arbitration. The Fire Fighter and City (the parties) shall attempt to mutually agree on an arbitrator. If they fail to agree within 14 calendar days after the appeal is filed, the Director, or designee, shall immediately request a list of 7 qualified neutrals from the American Arbitration Association (AAA). The parties may mutually agree on one (1) of the 7 arbitrators. If they cannot do so within 5 working days after receiving the list, they will select an arbitrator by alternately striking the names on the list. The parties shall flip a coin in front of the Director, or designee to determine who strikes first. The last name remaining shall be the arbitrator. The parties will promptly notify the AAA of the arbitrator's selection. The AAA will notify the chosen arbitrator who, together with the parties' representatives, will select a time, place and date for the arbitration hearing. D. Hearing Date. The arbitrator and parties will confer to select a mutually agreed hearing date to occur within 60 days of the arbitrator's selection. The arbitrator will resolve any conflicts concerning establishment of a hearing date. If the arbitrator cannot make him/herself 73 available to conduct the hearing within 60 days, either party may request selection of a new arbitrator within 2 days of learning that fact. In such case, the Director will request a new list of 7 arbitrators from AAA, and the parties will alternately strike from the new list in the manner set forth in Subsection C. The hearing will be scheduled to take place on consecutive days (excluding weekends and City-observed holidays)without break. E. Hearing Transcript. An official stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing, and the cost of the transcript will be shared equally. If there is no agreement on this point, a party desiring to do so may have a transcript made at that party's sole expense. However, in that case, the arbitrator will determine whether s/he will receive a copy of the transcript. If the party not ordering the transcript wishes to have a copy,that party will have to obtain and pay for the copy through the court reporter who prepared the official stenographic transcription. F. Pre-Hearing & Hearing Procedures. The following rules shall govern the conduct of hearings and certain preliminary matters: (1) Upon request of either party addressed to the opposing party at least two (2) calendar weeks prior to the hearing date,the parties shall exchange the names of witnesses they expect to call at the hearing. Except for true rebuttal witnesses whose testimony could not reasonably have been anticipated,the arbitrator may exclude the testimony of a witness that a party failed after timely request to identify. (2) The parties are responsible for any cost necessary to secure the presence of their witnesses at hearing, except that the Fire Department will make subpoenaed Fire Fighters who are scheduled to work available to testify. (3) The arbitrator shall have the power to subpoena witnesses, records, and other evidence. At least 2 calendar weeks prior to the hearing, the party requesting the subpoenas shall prepare the subpoenas and ask the Arbitrator to sign them. Each party will be responsible for serving its subpoenas upon witnesses. Either party may request that the Arbitrator quash subpoenas issued at the request of the other. (4) The burden of proof shall be upon the City to establish the facts by a preponderance of the evidence. (5) The parties, in writing, may request discovery from each other before the hearing. A party's failure to provide requested information within 2 calendar weeks of the request will be deemed a denial of the discovery request. The requesting party may then petition the arbitrator to order such discovery as appropriate to the nature of the case. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party,the amount of time available prior to the hearing, and such other matters as s/he may deem material. The arbitrator's decision as to appropriate discovery will be final. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within 5 calendar weeks prior to the hearing. (6) Upon request of either party addressed to the opposing party at least two (2) calendar weeks prior to the hearing date, the parties will exchange documents they intend to use as exhibits at the hearing. A party's failure to disclose an exhibit at this time will preclude its use at hearing, unless the document is used as a rebuttal exhibit, and its use at hearing could not reasonably have been anticipated. 74 (7) All hearings shall be open to the public unless the parties expressly agree otherwise in writing. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. G. Arbitrator's Authority. The Arbitrator shall have all powers vested in the Civil Service Commission under the Civil Service Act, and the Commission's rules governing demotions, suspensions and discharges,but shall have no power to amend such rules. Unless otherwise stated in this Agreement, the provisions of this Agreement control over conflicting provisions of the Civil Service Act and Civil Service Commission Rules. H. Arbitrator's Award. The arbitrator shall render an Award within 30 days of the close of the hearing. Post-hearing briefs must be mailed to the arbitrator within seven (7) days of the close of hearing. The arbitrator's Award shall state which particular factual charges s/he finds to be true, if any, and the particular rules s/he finds such conduct to have violated, if any. Where some or all charges are upheld, the Award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted. A Fire Fighter shall be entitled to recover back pay for any part of a suspension not upheld by the arbitrator. I. Arbitration Expenses. Except as regards the expenses of subpoenas, the City and Fire Fighter shall share equally the fees and expenses of the AAA and arbitrator. Section 5. Judicial Appeals. With respect to dismissals, temporary suspensions and demotions, the City and Fire Fighter may appeal the arbitrator's Award to district court on the same grounds s/he is given in the CSA to appeal the Civil Service Commission's decision, and no greater right. Section 6. Agreed Modifications of Contractual Time Periods. Any deadlines or time periods set out in this Agreement with respect to disciplinary proceedings may be modified only by written agreement of the parties. However, neither party may be compelled to waive his/her/its right to insist upon the deadlines and time restrictions provided by this Agreement. Article 25 SEVERABILITY If any article or section of this Agreement is found to be invalid, unlawful, or unenforceable by a judicial ruling or by any existing or subsequently enacted legislation, or the common law, all remaining articles and sections of this Agreement shall remain in full force and effect for the duration of the Agreement. 75 Article 26 NEGOTIATION OF SUCCESSOR AGREEMENT Section 1. Association Negotiating Team; Paid Time Off. Four (4) members of the Association's negotiating team (excluding alternates), or a number equal to the size of the City's negotiating team,if larger(excluding alternates) shall be paid as follows for mutually-scheduled negotiation sessions: • They will be allowed paid time off to attend agreed negotiation sessions that occur during their regularly scheduled work hours. • They will receive compensatory time off in an amount equal to the number of non- duty hours spent at the negotiation session, limited to a maximum of ten (10) hours per negotiation session. Hours granted under this section are not considered hours worked for purposes of overtime accrual under the F.L.S.A. and this Agreement. The time off must be scheduled and approved by the Fire Chief or his/her designee at least one (1) shift before it is used. Section 2. Bargaining Period. Negotiations for a new collective bargaining Agreement shall commence in accordance with Chapter 174 of the Texas Local Government Code, except as modified by this Agreement. The parties shall commence negotiation for a successor agreement on an agreed date occurring no less than 180 days prior to expiration of the Agreement. The bargaining period will last 60 days from the date of the first negotiation session, and may be extended for specified periods thereafter by mutual written agreement. Negotiations will be considered at impasse if the parties fail to reach agreement on a successor agreement by the end of the initial bargaining period and any agreed extensions. However, neither party will insist to impasse upon a permissive subject of bargaining. Upon impasse, either party may invoke the Impasse Procedure set forth in Article 27 of this Agreement. Section 3. Designated Bargaining Representatives. Both the City and the Association are entitled to select persons to serve as designated members of their respective bargaining teams, and to represent them in grievances, arbitrations, and other proceedings. However,the City will not select a Fire Fighter holding a rank below Assistant Chief to represent the City, and the Association will not select any Fire Fighter holding a rank above Battalion Chief to represent the Association and bargaining unit employees. Section 4. Duty to Bargain in Good Faith. 76 All collective bargaining negotiations shall be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither the City nor the Association shall make any effort to bypass the designated bargaining representatives of the other party during the collective bargaining process for a new contract. The obligation imposed by this section is the same as the duty to bargain in good faith set forth in Texas Local Gov't Code §174.105. Should either party contend the other is violating such duty, the parties shall convene as soon as possible with the assistance of a mutually agreed upon and neutral mediator to resolve the dispute. Should mediation fail to resolve the dispute, either party is free thereafter to seek legal recourse to remedy a claimed violation. The negotiation period will be suspended during the time period for mediation and,if legal recourse is sought, for the time period necessary to seek temporary injunctive relief. Thereafter, negotiations will resume, subject to any affirmative orders from the Court on how to proceed. Article 27 IMPASSE PROCEDURE Section 1. Dispute Conference. A. Impasse. Negotiations for a new Agreement shall commence in accordance with the FPERA and Article 27 of this Agreement. An impasse occurs if the parties have reached the end of the bargaining period and any agreed extensions without complete agreement on a successor agreement. Neither party will insist to impasse upon a permissive subject of bargaining. B. Dispute Conference.The parties' bargaining teams will meet within 14 calendar days after impasse occurs to identify items remaining in dispute. All issues about which proposals were made on mandatory subjects of bargaining, but no agreement was reached, will be considered disputed issues. At the conference, either party may also place any tentative agreements reached during the bargaining period back into dispute by offering new proposals as to those issues. However, any tentative agreements that are not placed back into dispute by either or both parties will become part of the successor agreement resulting from use of the impasse procedure described in this Article. At the end of the Dispute Conference, the parties will produce an agreed list of Disputed Issues of mandatory subjects of bargaining. Only upon mutual agreement will a permissive subject of bargaining be included on an agreed list of Disputed Issues. C. No New Issues Allowed. Neither party is allowed at the Dispute Conference or throughout the rest of this Impasse Procedure to add to the Disputed Issues list any new issues that were not included in either or both parties' proposals during the bargaining period. Section 2. Optional Mediation After Impasse. 77 At the Dispute Conference,the parties may mutually agree to utilize a mediator to assist them in resolving the disputed issues. If either party objects, mediation will not occur and the parties will proceed directly to Fact-finding. Mediation, if it occurs, shall extend for no more than 14 calendar days after the Dispute Conference, unless that mediation period is extended by mutual agreement. The function and powers of the mediator shall be as specified in FPERA Section 174.151. Any disputed issues resolved in mediation will be removed from the Disputed Issues list. Section 3. Fact-finding. A. Selection of Fact-Finding Board. If mediation does not occur, or is unsuccessful in producing a successor agreement, the parties shall submit the dispute to a three- member Fact Finding Board,who will be selected in the following manner. Each party will select a Fact-finder, and those two Fact-finders will select a third neutral Fact- finder. B. Payment of Fact-finders and Other Expenses. The fees and expenses of the neutral Fact-Finder shall be split equally between the City and the Association. Each party will pay the fees and expenses of the Fact-Finder they select. All other expenses, including but not limited to witness fees, shall be paid by the party incurring the expense or calling the witness. C. Issues for Fact-Finding Board Consideration. The issues for consideration by the Fact-finding Board will be all remaining issues on the Disputed Issues list. The parties must present the Fact-Finding Board with a package proposal consisting of the disputed issues for the Fact-Finding Board to consider. The parties may modify their proposals on the remaining Disputed Issues at this time, but must provide the other side a copy of the package proposal they intend to submit to the Fact-Finding Board at least 14 days in advance of the Fact-Finding hearing. Absent mutual agreement, only mandatory subjects of bargaining may be submitted to the Fact-Finding Board for consideration. D. Scheduling the Fact-Finding Hearing. The Fact-Finding Board will confer with the parties to schedule a mutually agreed hearing date to occur within 60 days after the Board has been selected. If the Fact-finding Board is not available to conduct a hearing within that time period, either party may request that that the unavailable Fact-finder be selected using the selection method set out in Subsection A above. E. Conduct of the Fact-finding Hearing. The Fact-Finding Board will conduct a full and fair hearing on the Disputed Issues submitted as a package proposal from each party. The hearing will be informal and strict rules of evidence shall not apply. A stenographic transcription of the Fact-finding hearing will be made, and will include all testimony and exhibits introduced by the parties and accepted by the Fact-Finding Board. The cost of producing the transcript will be borne equally by the parties. The Fact-Finding Board may request testimony and other evidence in addition to that offered by the parties. If either party requests, the Fact-Finding Board shall allow 78 submission of post-hearing briefs no later than 14 days following the close of evidence. Rebuttal briefs will not be allowed. F. Factors Affecting the Fact-Finding Board's Recommendation. In making findings of fact and recommendations, the Fact-Finding Board shall consider the following: • evidence submitted to it by the parties or obtained at its direction; • overall total compensation in the current Agreement, including both direct salary and fringe benefits; • income available to the City and demands on that income; • total compensation, hours, and conditions of employment of other public and private employees performing similar services in public and private employment in communities deemed comparable to Corpus Christi by the Fact-finding Board; • total compensation, hours and conditions of employment of all employees of the City of Corpus Christi; • the equity of the total compensation plans within the City of Corpus Christi; • the hazards of employment,physical, educational, and mental qualifications,job training and skills required of a Corpus Christi Fire Fighter; • the cost of living in Corpus Christi relative to communities deemed comparable by the Fact- Finding Board; • the rate of increase in the cost of living for the period covered by the preceding Agreement using localized data to the fullest extent feasible; and • concessions and tentative agreements made by both parties during the collective bargaining negotiations. G. Fact-Finding Board's Recommendation. After consideration of all evidence offered at the Fact-Finding hearing, the Fact-Finding Board shall render a written decision making findings of fact and recommendations as to each Issue in the submitted package of proposals. In the Recommendation, the Fact-Finding Board shall exercise its independent judgment and shall not"split the difference." The Fact-Finding Board will recommend adoption of one (1)party's proposal as to each Issue, no splitting the baby, and explain the rationale behind the recommendations on each Issue. The Fact Finding-Board's decision, which is advisory only, shall be submitted to the City Council and to the Association within 14 days after the hearing, or receipt of the parties' post-hearing briefs. H. Party Meeting on Fact-Finding Board's Recommendation. The City and Association will make a sincere and earnest effort to resolve the Disputed Issues through the fact-finding process. Within 14 calendar days after receiving the Fact- Finding Board's Recommendation, the parties' representatives will meet and try to reach agreement on each Disputed Issue. Those issues agreed upon will be removed from the Disputed Issues list. Any remaining Disputed Issues will be advanced to binding arbitration. Section 4. Binding Arbitration. 79 If a successor agreement is not reached at the Party's Meeting on the Fact-Finding Board's Recommendation, the parties will advance remaining Disputed Issues to binding arbitration in the form of a package proposal (last best final offer). Absent mutual agreement, only mandatory subjects of bargaining may be submitted to Arbitration for consideration. The parties may modify their proposals on the remaining Disputed Issues at this time,but must provide the other side a copy of the package proposal they intend to submit to the Arbitrator within 14 days after the meeting referred to in Section 3.H. The parties' representatives will meet and discuss with each other the package proposal that each shall present to the Arbitrator within 10 days after receiving each other's package proposal. Any final modifications to the parties' packages will be made at this meeting. The arbitration shall be considered by a board of three (3) arbitrators, one (1)selected by each party and a neutral selected by the chosen arbitrators. The parties will meet within 14 calendar days after selecting the Arbitration Board to identify those portions of the Fact-finding transcript and exhibits to place before the Arbitration Board, and will compile an Appendix containing all such information requested by either. Within 14 days after the Appendix is identified, the parties will send to the Arbitration Board a joint submission containing the following: 1. The Appendix; 2. Each party's package proposal on all remaining Disputed Issues; and 3. Post-Hearing Briefs. The City's Director of Human Resources will be responsible for assembling and providing to the Arbitration Board the parties' joint submission, and will simultaneously provide both parties' representatives a copy of the joint submission. Within 20 days after receipt of the parties' joint submission,the Arbitration Board shall conduct a full and fair hearing over the parties' final package proposals. The hearing will be informal and strict rules of evidence shall not apply. A stenographic transcription of the Arbitration Board hearing will be made, and will include all testimony and exhibits introduced by the parties and accepted by the Arbitration Board. The cost of producing the transcript will be borne equally by the parties. The Arbitration Board may request testimony and other evidence in addition to that offered by the parties. The Arbitration Board may also request post- hearing briefs at its discretion. The hearing will not be closed until the receipt of the post-hearing briefs, if requested. The Arbitration Board shall issue a binding decision selecting the package proposal of one (1) party or the other within 20 days of the close of the hearing. The parties will be bound by the Arbitration Board's decision as to the remaining Disputed Issues to the extent permitted by Texas law and the requirements of this Agreement, and may appeal that decision only on the basis that the Arbitration Board's decision constituted an abuse of discretion, did not follow the requirements of this Agreement, or the arbitration award is not supported by legally sufficient evidence on the whole record. The decision of the Arbitration Board shall resolve the issues for the Agreement period/duration and will not be binding beyond the term of the Agreement period/duration. Section 5. Resulting Successor Agreement. Within 7 calendar days after receipt of the Arbitration Board's decision, the parties will execute a successor agreement consisting of the following: • Any agreements reached during bargaining, mediation, or fact-finding; and 80 • The package proposal on remaining Disputed Issues selected by the Arbitration Board. Article 28 NO STRIKE, NO LOCKOUT Fire Fighters will not engage in any strike, work stoppage or slowdown during the term of this Agreement. The City will not lock out Fire Fighters during the term of this Agreement. Article 29 MISCELLANEOUS Section 1. Amendments to this Agreement. The Association and City, may by mutual agreement, negotiate possible changes in the Agreement during its term. Such negotiations shall be set at the convenience of both parties. Except as specified otherwise herein, proposed amendments to the Agreement must be agreed upon by both parties and ratified in the same manner as this Agreement. Section 2. Rulings and Records of Civil Service Commission. All rules, opinions, directives, decisions, and orders issued by the Civil Service Commission shall be preserved in written minutes. Actions taken need not be copied verbatim as long as they are accurately summarized in the minutes. The Commission's Chair or, in his/her absence, the Vice- Chair, shall sign the minutes. The signatures of the members concurring in the taking of any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing apart from the minutes. All written records of the Commission shall be considered public records. The City will notify the Association of any items on the Commission's agenda that may affect Fire Fighters and/or the Department. Section 3. Labor-Management Relations Committee. Recognizing that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, the City and Association agree to jointly maintain a Labor-Management Relations Committee (LMRC). Each party will designate its LMRC representatives. The LMRC shall meet at mutually agreed times on a quarterly basis, and may meet at other times at the request of either party. The LMRC may discuss any problems pertaining to the employment conditions of Fire Fighters and recommend solutions to the Fire Chief or the City. Section 4. Identification Cards. 81 The City shall furnish each Fire Fighter an identification card bearing the Fire Fighter's name, photograph, rank, and employee number. The card will also contain a space for the Fire Fighter's signature. Article 30 DRUG & ALCOHOL TESTING Section 1. Drug Testing Policy& Procedure. The City and Association mutually recognize that Fire Fighters are called to respond to emergency and hazardous situations without notice, and that it is essential to the interests of the City, its citizens, and Fire Fighters themselves to ensure that Fire Fighters are not substance-impaired. To that end, the City and Association agree to drug and alcohol testing as outlined in the Fire Department's Alcohol & Drug Policy, appended to this Agreement as Appendix "D". No changes to this policy will be made during the life of this Agreement except by mutual agreement of the City and Association. Section 2. Selection for Random Drug Testing. Fire Fighters will be selected for random drug testing on a fair and impartial statistical basis using a computerized program operated and certified as non-discriminatory by an independent firm hired by the City. Fire Fighters will be tested promptly upon being selected by the computer. The Fire Chief will be included in the random testing process. Section 3. Discipline for Drug,Alcohol Violations. Discipline shall be in accordance with the Fire Department's Alcohol & Drug Policy and the Civil Service Commission's Rules and Regulations. Article 31 DEPUTY CHIEFS &ASSISTANT CHIEFS Section 1. Deputy Chiefs. The rank immediately below the Fire Chief rank is currently classified as Deputy Chief. Pursuant to Section 143.014 of the Civil Service Act, each person occupying a Deputy Chief position, as authorized by the City Council, shall be appointed by the Fire Chief at his/her discretion. Persons eligible to be appointed as Deputy Chiefs are limited to those Fire Fighters in the Assistant Chief or Battalion Chief ranks. Section 2. Assistant Chiefs. 82 The rank immediately below the Deputy Chief rank is currently classified as Assistant Chief. Persons eligible to be appointed to the rank of Assistant Chief are limited to those Fire Fighters in the Battalion Chief rank. Section 3. Number of Appointments to Deputy and Assistant Chiefs. The Parties understand that it is the intention of the Fire Department to request additional positions for a reorganization of the Department. This request will be presented to City Council for Fiscal Year 2025. In the event that this request is granted, then-Dduring the term of this Agreement, the Fire Chief may have no more than three (3) five 5 appointed Deputy and Assistant Chiefs. All other Assistant Chief positions will be filled by competitive examination in accordance with the CSA and this Agreement. The Assistant EMS Director appointment is in addition to these three (3)five 5 appointments. Any Firefighter appointed by the Fire Chief to the Deputy or Assistant Chief rank, serves at the pleasure of the Fire Chief. A Firefighter who is removed from the appointed position shall be reinstated in the same rank that the person held before appointment. The Firefighter retains all rights of seniority in the Department. In the event that this request is denied, the Parties agree that during the terms of this Agreement, the Fire Chief may have no more than three (3) appointed Deputy and Assistant Chiefs. All other Assistant Chiefs positions will be filled by competitive examination in accordance with the CSA and this Agreement. Section 4. Salary of Deputy Chief and Assistant Chiefs. The Deputy Chief and Assistant Chiefs shall be compensated under the City's Managerial Pay Plan. Article 32 EMERGENCY MEDICAL SERVICES Section 1. Certification Requirements. A. Fire Fighters Hired on or before May 31, 1985. 1. Fire Fighters hired on or before May 31, 1985, need not maintain Paramedic or Emergency Medical Technician (EMT) certification. 2. Fire Fighters hired on or before May 31, 1985, who voluntarily obtained Paramedic or EMT certification and thereafter promoted to Firefighter II-EMS must maintain their certification while remaining in the Firefighter II-EMS rank. However, they may allow their certification to lapse if promoted to Firefighter II-Driver or above. 3. After five years of continuous ambulance service, Fire Fighters hired on or before May 31, 1985 may,upon request,voluntarily demote from Firefighter II-EMS to Firefighter I, 83 and will no longer be used for ambulance duty. Thereafter, they may not be required to maintain Paramedic or EMT certification. B. Fire Fighters Hired between June 1, 1985 and December 31,2005. 1. Fire Fighters hired between June 1, 1985,and December 31,2005, must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for a minimum of eight full years as a condition of employment. A Fire Fighter who loses Paramedic certification prior to completing the eight-year requirement will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Any time period without certification will not count towards the minimum eight full year requirement. Absent mitigating circumstances, failure to re- certify within 12 months after losing certification shall constitute grounds for discharge. 3. Fire Fighters who have maintained Paramedic certification for a minimum of eight full years are not thereafter required to maintain Paramedic or EMT certification. 4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90 calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re- certify within 90 days will be permanently demoted to the rank of Firefighter 1. However, the Fire Fighter will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter II-EMS if s/he thereafter obtains recertification as a Paramedic. C. Fire Fighters Hired between January 1, 2006 and July 31,2016. 1. Fire Fighters hired between January 1, 2006 and July 31, 2016 must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for a minimum of eight full years. A Fire Fighter who loses Paramedic certification prior to completing the eight-year requirement will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Any time period without certification will not count towards the minimum eight full year requirement. Absent mitigating circumstances, failure to re-certify within 12 months after losing certification shall constitute grounds for discharge. 3. Fire Fighters who have maintained Paramedic certification for a minimum of eight full years are not thereafter required to maintain Paramedic certification. However, they must maintain certification at the EMT-B level or higher for the entirety of their tenure in the Department as a condition of employment. Failure to do so will result in discharge. 84 4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90 calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re- certify within 90 days will be permanently demoted to the rank of Firefighter L However, the Fire Fighter will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter II-EMS if s/he thereafter obtains recertification as a Paramedic. D. Fire Fighters hired on or after August 1,2016. 1. Fire Fighters hired on or after August 1, 2016 must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for the entirety of their tenure in the Department as a condition of employment. A Fire Fighter who loses Paramedic certification will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Absent mitigating circumstances,failure to re-certify within 12 months after losing certification shall constitute grounds for discharge. Section 2. EMS Ambulance Rotation Requirements,Exceptions & Moratorium. A. Ambulance Rotation Requirement. All Paramedic-certified Fire Fighters in the ranks of Fire Fighter I and Fire Fighter II- EMS are required to participate in ambulance rotations as a condition of employment. Absent exigent circumstances, failure of these Fire Fighters to participate in the ambulance rotation without the available exceptions provided for in this Agreement may result in discipline up to and including discharge. B. Exception for Fire Fighter I. Fire Fighter I's who have been Paramedic-certified and have participated in ambulance rotations for nine 9 years may request in writing to be removed from the ambulance rotation and thereafter will be assigned to ambulances only during extreme conditions or emergencies. The Fire Chief may temporarily deny such requests as allowed in Subsection D of this Section. C. Exception for Fire Fighter II-EMS. A Fire Fighter II-EMS may request in writing to voluntarily demote to Fire Fighter I, and to be assigned to ambulances only during extreme conditions or emergencies, in the following circumstances. 85 • Service as a Fire Fighter II-EMS for Hiffe-(9-)five 5 years; or • Service in the ambulance rotation for a combined total of nine 9 years as a Fire Fighter I and Fire Fighter II-EMS. The Fire Chief may temporarily deny such requests as allowed in Subsection D of this Section. D. Moratorium on Use of Exceptions to Ambulance Rotation Requirement. 1. The City will first use Fire Fighters in the rank of Fire Fighter II-EMS to achieve needed ambulance staffing, but may use eligible Fire Fighter I's as needed if there are not sufficient Fire Fighter II-EMS's available. 2. For purposes of determining when the Fire Chief may declare a moratorium on the ability to use the exceptions provided by Subsections B and C of this Section, the following formula,based on EMS-eligible Fire Fighter I's and Fire Fighter II-EMS's, will be used. • [12 x 9 of ambulances] + [1.5 x number of ambulances (rounded to the next highest whole number)] = critical number [C] needed to staff ambulances • 15 x 9 of ambulances = acceptable number [A] needed to staff ambulances When the number of EMS-eligible Fire Fighters declines to level C, the Fire Chief may declare a moratorium on the ability to use the exceptions until staffing levels return to level A. 3. The above formula is not a staffing requirement. Section 3. Grandfather Provision. The parties recognize that this Article makes changes to pre-existing rights provided under prior collective bargaining agreements. Fire Fighters who elected to opt out of ambulance rotations as allowed under prior collective bargaining agreements are not subject to loss of that right due to the changes made by this Agreement. Section 4. Matters Related to Failure to Obtain & Loss of Certification. A. Notice to Fire Chief. A Fire Fighter who loses Paramedic or EMT certification must notify the Fire Chief within three days, including Saturdays, Sundays, and City-observed holidays, after the Fire Fighter learns that s/he has lost certification. B. Loss of Certification Pay.Fire Fighters will lose EMT or Paramedic certification pay commencing immediately upon the loss of certification. If authorization to function as a medical care provider is suspended by the Fire Department's Medical Director, the Fire Chief will provide to the Fire Fighter written notice of the steps necessary to regain certification for those Fire Fighters eligible to regain certification pursuant to this Agreement. C. Fire Department Assistance. Upon request of a Fire Fighter who has failed to meet or maintain certification requirements, the Fire Department will make available training materials or 86 tutorial assistance for a minimum of 40 hours. The tutorial or training assistance provided will be based upon the recommendations of the Department's EMS training staff and Medical Director. Only if eligible, the Fire Fighter may be reassigned to a 40-hour workweek to complete the tutorial or training assistance. The Department assumes no responsibility for time and expense incurred should the Fire Fighter desire training other than that offered by the Department. Section 5. Assistant EMS Director. A. Removal from Position. The current Assistant EMS Director, and any successors, serve at the discretion of the Fire Chief, and may be removed from the assignment without cause. If removed from the assignment,the Fire Fighter will be reassigned to a position at the same civil service rank s/he held prior to his/her appointment. B. Employment Conditions. The Assistant EMS Director serves in the position under the following conditions: • Retention of Civil Service status; • Pay and privileges of the appropriate seniority step of the Battalion Chief rank; • Continued accrual of vacation, sick and personal leave, and seniority, as per this Agreement; • Receipt of longevity pay as per this Agreement; • Continued participation in the City's health and life insurance programs as per this Agreement; and • Receipt of$150.00 per month in lieu of paramedic certification pay. C. Procedure for Filling Position if Vacant. The Fire Chief may fill vacancies in the Assistant EMS Director position by appointment. To be eligible for appointment, a Fire Fighter must be: (i)a Battalion Chief or Captain who is eligible to take the Battalion Chief Exam; and(ii)a certified Paramedic. A person appointed from the rank of Captain is not eligible for promotion to the rank of Assistant Chief by virtue of his/her appointment to the Assistant EMS Director position. However,if the position is appointed from the rank of Captain, the Assistant EMS Director may participate in the Battalion Chief assessment in order to become eligible for future promotion. Section 6. Temporary Reassignments -Firefighter II-EMS. A. Entitlement. A Firefighter II-EMS who is regularly assigned to EMS will, upon request, receive temporary reassignment to non-EMS duties for up to two pay periods each six months. B. Pay/Rank. During these voluntary reassignments, the Fire Fighter will be paid only at the maximum Firefighter I rate for the performance of Firefighter I duties. However,the reassigned Fire Fighter will continue to hold his/her Firefighter II rank and will be entitled to all other rights and privileges of that rank. C. Scheduling. Scheduling of a temporary reassignment shall be at the reasonable discretion of the Fire Chief. 87 Article 33 PROMOTIONAL BYPASSES Section 1. Involuntary Promotional Bypass. A. Involuntary Bypass.A Fire Fighter on a promotional eligibility list may be bypassed by the Fire Chief for a valid reason. The Fire Chief will provide his/her reasons for the bypass to the Fire Fighter in writing. B. Effect of Involuntary Bypass. The name of a Fire Fighter who is involuntarily bypassed will be returned to its place on the promotional eligibility list. A Fire Fighter who is bypassed three (3) times without successful appeal will have his/her name removed from the promotional eligibility list. C. Right to Appeal. The Fire Fighter who is involuntarily bypassed for promotion may appeal the bypass decision to arbitration. The Fire Fighter's written appeal shall be filed with the Director of Human Resources within 10 calendar days after his/her receipt of the written bypass notice. If the IOth day falls on a Saturday, Sunday, or City-observed holiday,the appeal deadline shall extend to the next day that is not a Saturday, Sunday or City-observed holiday. D. Appeal Procedure and Expenses. The Fire Fighter's appeal shall be decided by one (1) arbitrator chosen in accordance with the arbitrator selection procedure provided for in the disciplinary appeals procedure in this Agreement. All pre-hearing and hearing procedures provided for in the disciplinary appeals procedure by this Agreement will be followed for appeals under this Section. Except for fees and expenses associated with subpoenas, the City and the Fire Fighter shall share equally the fees and expenses of the arbitration. E. Judicial Appeals. Either the City or the Fire Fighter may appeal an adverse decision to district court, but only upon the grounds listed in Section 143.0570) of the Civil Service Act. Section 2. Voluntary Promotional Bypass. A Fire Fighter selected for promotion from a promotional eligibility list may be allowed to decline the position offered, subject to the discretion of the Fire Chief, reasonably exercised, based on the availability of other eligible candidates and the needs of the Fire Department. If voluntary bypass is accepted, such decision will not affect the Fire Fighter's place on the list. However, a Fire Fighter who voluntarily declines promotions three (3) separate times as per the Civil Service Commission Rules and the CSA, will have his/her name removed from the promotional eligibility list. Article 34 88 COMPLETE AGREEMENT/PAST PRACTICE Section 1. Complete Agreement. This document constitutes the sole and complete agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties except for those protected by the express provisions of this Agreement, including those protected by Section 2 and 3 of this Article.During the term of the Agreement neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this Agreement, or any specific obligation to negotiate that is specifically provided in this Agreement. Section 2. Past Practice. During the term of this Agreement, except as authorized in Section 3 below, the parties recognize that some employment conditions not specifically identified in this Agreement,to the extent they involve mandatory bargaining subjects, may be protected by the established past practice of the parties. The Association shall have the burden of proof to establish the existence of the claimed past practice by a preponderance of the evidence. However, nothing in this Agreement waives any defenses or exceptions the City may have to a past practice claim. Section 3. Limited Exception to Past Practice The City may change those employment conditions otherwise protected by Section 2 above if they are demonstrated, in accordance with this Section, to materially interfere with the operation of the Department. Any such changes must be made in good faith, must not be greater in scope than is necessary to protect the affected Department operations, must be reasonable and not discriminatory, must be reasonably related to the safe and orderly operation of the Fire Department, and must not conflict with any state or federal law, governmental regulation, or provision of this Agreement. With the exception of an emergency or extreme condition, Department management will provide the Association with reasonable notice and an opportunity to discuss any changes made under this Section prior to its implementation. Article 35 CONFLICT WITH CIVIL SERVICE The parties agree that Texas Local Gov't Code §174.006 authorizes the parties to alter a "state or local civil service provision" through collective bargaining. To the full extent authorized by §174.006, the parties agree that the provisions of this Agreement shall preempt those portions of any state statute, executive order,local ordinance, or rule with which they specifically conflict only to the extent of such conflict; remaining portions of such provisions will continue to govern the parties' actions. 89 90 Article 36 CONCLUDING PROVISION IN WITNESS WHEREOF,we have executed this agreement this day of , 20202024 CITY OF CORPUS CHRISTI CORPUS CHRISTI PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 936 Peter Zanoni, CITY MANAGER Johnny Stobbs, PRESIDENT Michael Rodriguez, DEPUTY CITY MANAGER ATTEST: City Secretary APPROVED AS TO FORM: Day of , 2�92024 Assistant City Attorney 91 APPENDIX "A-I" DUES DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct, each pay period, the sum of$ as certified by the International Association of Firefighters, Local 936, as the current rate of dues or an amount as may hereafter be established by the International Association of Firefighters,Local 936, as dues. This deduction is to be forwarded directly to the International Association of Firefighters, Local 936. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for the failure to deduct any authorized sum for any reason. Signed Date 92 APPENDIX "A-2" SPECIAL ASSESSMENT OR COPE DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO.936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct a U special assessment or U COPE deduction in the sum of $ as certified by the International Association of Firefighters, Local Union No. 936. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward the Association only those sums actually deducted and will not be liable for damages to me for the failure to deduct any authorized sum for any reason. Signed Date 93 APPENDIX "A-3" TERMINATION OF REGULAR DUES, SPECIAL ASSESSMENT OR COPE DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby terminate the authorization previously executed by me for a deduction for the International Association of Firefighters, Local Union No. 936, and request that the City make no further (U regular dues, U special assessment or U COPE deductions under said authorization. This termination is entirely voluntary on my part, and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Signed Date 94 APPENDIX `B" Title: Callback Procedures Corpus Christi Fire Department Standard Operating Procedures Fire Chief No. 101.09 revise 'l 28, 2015 Date i o`�d`f EfFectiv�a: May , Corpus Christi Fire Department Standard Operating Guideline/Procedure Standard Operating Procedures 1109.01 Title: Effective Date: Rescinds: Pia e: Callback Procedures 04/01/2024 95 of 9 Authorized by: Application: Brandon L. Wade, Fire Chief Uniformed Personnel L PURPOSE: To establish standard procedures and guidelines for utilizing the Fire Department call-back list. II. SC0PRPOLICY: These instructions apply to call back situations as applicable. III. DEFINITIONS: A- Administrative Chief- The on-duty Chief for the shift responsible for taking sick calls from operational firefighters and managing the roster to make sure there is adequate staffing and coverage for the shift. Contacted, Unable - shall indicated a firefighter cannot accepted the callback assignment due to previously assigned official department business (i.e. schools, etc. n. naily Staffing List: A list eemposed of firefighters needed to f,1 fill she Da lam, Daily Eli_ig bility List: A daily list composed of the top eligible firefighters from the Daily Staffing List. 95 P- Daily Staffing List: A list composed of firefighters needed to fulfill the Daily Staffing levels of normally assigned units. Emergency Call Backs: A mandatory requirement to report to work in the event of an emergency or other situation as declared by the Fire Chief or his/her designee. Recognizing that both the citizens and on duty firefighters at the scene need immediate assistance, the Department may utilize any means necessary to initiate this assistance. Firefighters called in on an emergency call back will not lose their place on any call back list. Everbridge — Automated notification system used to contact firefighters for emergency and non-emergency events/assignments. Holdover—A requirement for a firefighter to remain on duty after the completion of their normal shift for the purposes of determining morning staffing levels and completing those assignments. Additionally, a "holdover" may be used to augment staffing during promotional exams, and other short term assignments. Home Phone List — A list of firefighters who do not have a cell phone listed in Everbridge. P- Leave — A firefighter is off work due to any scheduled leave including g sick, vacation,personal, Kelly, injury, business, or other approved scheduled leave. Refused — The firefighter cannot report to work for personal reasons and the firefighter is not on an approved leave as defined above. F. Speeial Eveiits List: A List eemposed of firefighter-s to fill positions for- -planned G- Special Events Call Back—Planned,and/or anticipated events that allow the Corpus Christi Fire Department adequate time for scheduling or daily staffing vacancies that occur. " dtit-y, pafades, to fill vaea-neies t44 eeetir- after gam roll eall if no one is available 44- Special Events List - A List composed of firefighters to fill positions for planned events or vacancies that occur after Sam roll call except as outlined in VI. General Guidelines, Section C. 1. Holdover: A r-e"ir-efnent for- a fir-efighter- to r-emain en ditty after-t4e eeffipletiel+ 96 K. � , g2- AlxAmater nvtifvu�6irsystem�cst6 C6auaEt f r c 6t IV.RESPONSIBILITY: A. It shall be the responsibility of the Fire Chief or, their his,lhef: designee to ensure that this policy is adhered to when initiating a Call Back. B. Corpus Christi Fire Department personnel have the responsibility and duty to report to work when contacted and advised that an emergency exists or has been declared by the Fire Chief or hisAhe their representative. C. The Fire Chief shall be notified if a firefighter refuses or fails to respond to duty as ordered for an emergency callback. D. Failure of an employee to respond to a call back during an emergency without being excused by the Fire Chief or his/her designee may result in disciplinary action being brought against said the employee. V. CALL BACK LISTS: A. A call back list will be created for "Special Events" and a separate list for "Daily Staffing". B. A firefighter's position on the Special Events List will not affect his/her position on the Daily Staffing List and er vice versa. (Example: a firefighter is called back for a parade for three hours and consents to work. He/she remains in his/her position on the Daily Staffing List) VI. GENERAL GUIDELINES: A. Each call back list shall include the name,rank, certifications (EMT, Paramedic, etc.)and qualifications (assigned Rescue, HazMat, etc.) of all members of the shift. Firefighters who do not wish to be assigned to the Special Events List shall notify the Fire Chief in writing. B. Each callback list shall contain the firefighters' telephone number he/she requests to be contacted by;_]}Home or cell phones are permissible;_pPagers are not permissible. 97 C. Firefighters shall be called back in numerical order from the first position on a call back list to the last position on the list. Vacancies occurring before 9.30 ft.m. 0830 will be filled by attempting, in order 1. To call back a firefighter on the Daily Eligibility list who has remained at their station. 2. Calling Back an OT eligible firefighter that is holding over at the station where the vacancy has occurred. 3. By calling back a firefighter off the Special Events list to complete the shift at the station in which the vacancy eeews has occurred. a. If using the Special Events list, it will be accomplished by calling back the first firefighter on the list that is able to fill a position in the station in which the vacancy occurs, which will be a firefighter who can work at the station where the vacancy has occurred without working down in rank except as outlined below in VI General Guidelines: IFS. D. Once a firefighter has been called back and works overtime, or declines a Special Events callback,hWher their name shall be placed in the last numerical position on the applicable list. E. A firefighter reassigned to another shift shall be added to the call back list for that shift in the same numerical position held on the list before reassignment. 1.T„ the event that I f more than one such firefighter is reassigned with the same numerical position on the applicable callback list,placement shall be by lot. 2.A probationary firefighter will be placed in the last numerical position on the applicable callback list for his/her- their assigned shift, provided that placement order at the bottom of the list shall be by lot. F. For call backs that require staffing by specific rank, certification, or qualification, only firefighters on the applicable callback list who possess the needed rank, certification, or qualifications shall be eligible for the callback. G. For EMS callbacks, Firefighter 1 Paramedics, and FFII EMT and EMT-P's assigned to EMS and are qualified as per Article V4-32 Section 1 of the Collective Bargaining Agreement shall be considered eligible. Firefighter I Paramedics who have served five years as a FFII EMS will not be called back for EMS staffing. Medic unit staffing shall include at least one paramedic. H. To facilitate callbacks requiring the use of EMS certified personnel,a code shall be placed next to the rank of each firefighter on the list. 1. A "P" shall designate Firefighter I and Firefighter 11 EMS personnel who are qualified as 98 per Article 32, Section I of the Collective Bargaining Agreement. In addition, FFIs who have previously served five years as a FFII EMS will not be required to work an EMS callback and will not have a"P" designation. I. FFII EMS personnel routinely perform fire suppression duties in addition to EMS duties. For purposes of this policy, FFII EMS personnel shall be utilized in either position. J. Personnel who are not immediately available to answer the telephone will be considered "unable to contact". K. Firefighters who are on sick leave will not be eligible for overtime until reporting back to duty,or to other scheduled leave(vacation,Kelly,PL,etc.).Firefighters who are contacted while on vacation, Kelly day, or PL may reject a special event callback without being dropped to the bottom of the list. VIL DAILY STAFFING GUIDELINES: A. This procedure will be used when the Fire Chief or his/her designee determines it is necessary to utilize the call back list to maintain the daily staffing needs of the Department. This list shall be a separate list from the Special Events list. B. To maintain daily staffing levels, this procedure will utilize personnel in their numerical order on the Daily Staffing List, not rank for rank. The Fire Chief s designee will make every attempt to utilize the list in the numerical order, m4i the, ,,..eeptief e except in situations where the firefighter would be required to perform in a lower rank eft as noted in par-agFaphrArticle VI. General Guidelines: Section I G. C. It is the responsibility of each firefighter to be adequately prepared to immediately report to duty when called back for Daily Staffing. If the firefighter is unable to immediately report to duty at the assigned station (upon being properly relieved,) te the assigned station, then the firefighter shall be considered to have refused and his/her name shall be placed at the bottom of the Daily Staffing List. D. Firefighters who are called in for an overtime assignment must report to- and complete the assignment in person. Firefighters who are on approved leave shall not be considered for Daily Staffing callback. Standby periods for up to four hours are acceptable, provided that the firefighter that accepts the callback assignment is available to report to the assigned Station immediately. E. Firefighters may not perform the duties of those in a lower rank except as noted in paragraph Article VI. General Guidelines, Section I G., ti.e., a Captain will not be called in to fill a FFI assignment, etc. F. Firefighters who have been scheduled to "act" may be reassigned to accommodate a firefighter who is called back for 4Daily &Staffing. Reassignment is at the discretion of the Fire Chief s designee. 99 G. An EMS Supervisor/Field Medical Officer vacancy shall be filled by using a Firefighter II EMS assigned to the shift and approved to "act"as EMS Supervisor/Field Medical Officer or a current assigned EMS Supervisor/Field Medical Officer if they are next on the eligibility list. H. Firefighters may be assigned to a medic unit when called in for dDaily 6Staffing eCall-back if the firefighter has worked a twenty 24-hour shift on a medic unit immediately preceding the call back 4 and the firefighter agrees to work the assignment. If the firefighter declines the assignment and there is no other suppression assignment available, he or she will not lose their spot on the Daily Staffing List. VIIL Daily Staffing Procedure: Firefighters shall have the right to refuse assignment for Waily staffing without jeopardizing their position on the call back list except in situations as listed below. A. As per the Collective Bargaining agreement, firefighters should notify the Administrative Chief gattaliafi 1 on duty, immediately when the employee knows he/she will be absent an aeeetmt because of illness. If such a determination is made by the employee past midnight, it is acceptable to report the illness between 6.30 a.m. 0630 and '',-AQ-a.mr 0700 In all cases, a report of illness should be made no later than '':, 00 a. 0700. B. During each shift, the Administrative Chief Battalion shall make arrangements to fill anticipated, scheduled vacancies for the following shift by reassigning firefighters, and/or assigning firefighters to "act". This list will be left available for the off going on- coming Administrative Chief Battalion utilize for call-back. C. At morning roll call, the Station Captain shall furnish the Administrative Chief lion -� with the yes daily staffing overtime availability of firefighters under his,lher- their command for who a e a,,elin ng to work Daily Staffing evei4i the following shift. 1.Battalion 1 The Administrative Chief shall publish a list of the top eligible firefighters available for callback for Daily Staffing prior to noon. 2.The number of firefighters on the list will be dependent on the anticipated needs of the Department. 3.Battalieii 1 The Administrative Chief shall provide the names of at least twenty (20) firefighters above the number anticipated to be needed. For example, if the shift is anticipated to be three (3) firefighters short, Battalion 1 the Administrative Chief shall publish a list of at least the top twenty-three (23) eligible firefighters. 4.Those firefighters on the Daily Eligibility List shall remain on duty until -&W 0800 so as to be available for callback assignment. 5.Those Firefighters on the Daily Eligibility List, who are offered a Scheduled Special Event assignment for the following day, may decline the Special Events assignment and will remain in their current position on the Special Events List. 100 D. Once the Daily Eligibility List is posted and a change occurs in the firefighter's eligibilitystatus, he/she must contact Battaliafi 1 the Administrative Chief as soon as possible; but no later than 10=99 2 2 0 0. 1.A change in condition, or refusal that occurs between the hours of 10-00 p-m-.2 2 0 0 and 4:�r0800 will result in the firefighter's name being placed at the bottom of the Daily Staffing list(the firefighter will o n 1) be placed at the bottom of the list if the number of needed callbacksmeets or exceeds his/her number/position on the list. This cannot be determined untilafter sick calls have been taken). E. Eligible firefighters on the Daily Eligibility List who previously declared available for callback and have not remained available at their station when contacted by Baffaliffii 1 the Administrative Chief will be placed at the bottom of the list. 1.The morning announcement of"0800 morning roll call" will serve as the official time for purposes of being placed at the bottom of the Daily Staffing List. 2.In the event "4:�0800 Roll Call" is not announced at the appropriate time, the Station Captain should contact their Battalion Chief. 3.Firefighters on the Daily Eligibility List who have remained available at their station after 9.00 a.m..0800 may be contacted for callback, if a staffing need arises. 4.If contacted after 4:�r0800, these personnel may reject the assignment without loss of position on the Daily Staffing list. 5.However if they accept the assignment,they will drop to the bottom of the daily staffing list if the assignment is for a 24 hour period. F. Should a vacancy occur following the 9.00--a.m. 0800 roll call, Battalion 1- the Administrative Chief may attempt to contact those firefighters available as outlined in section VI. General Guidelines: Section C fie. G. Battaliafi 1 The Administrative Chief shall make every effort to notify personnel that they will be used on a callback as early as possible. H. Firefighters shall be called back in their numerical order on the call-back list not rank for rank unless it is for deployment as outlines in Article X. Deployment Callbacks. IX. SPECIAL EVENTS LIST: A. Special events will include callbacks for events that allow the Department adequate time for scheduling. This will include jury duty, parades and other planned events. This list shall also be used for staffing regularly assigned apparatus after 8:00 am. (except as noted in VI. General Guidelines, Section C) B. Once a firefighter is called back for overtime on a scheduled event, or refused an offer for callback, his/her name will be placed at the bottom of the Special Events List. However, his/her name will remain unaffected on the Daily Staffing List. C. Firefighters will be called back for Special Events in a timely manner whenever possible. 101 To accommodate the needs of the Department and the needs of the Firefighter, the call back will be scheduled as far in advance as practical.Additionally,there is no requirement to be on duty for a complete shift to be called back for a future Special Event. D. Firefighters who are called back off the daily staffing list and a change in staffing occurs during the overtime shift where the firefighter is no longer needed for staffing and is sent home,the firefighter's callback will be converted to Special Events and he/she will remain in the same position on the Daily Staffing list prior to the callback. E. Callbacks for Special Events that occur after 0800 may be done using the Everbridge notification system. 1.All firefighters eligible for the special events overtime will be notified via the Everbridge system of the staffing vacancy and will have 10 minutes to reply that they are available. 2.After the 10 minutes has have elapsed, Battalion 1 the Administrative Chief will identify those firefighters who are available and will notify and award the eligible firefighter that is highest on the sSpecial eEvents IList with the overtime assignment. Defiftifiow,,-.- e3=ex4s-stick as, btA not limited to , eta F. Callbacks for Special Events that are planned for the following day may be done using the Everbridge notification system. 1. For a known planned event for the following day, Batt 1 the Administrative Chief will send out an Everbridge message to all eligible firefighters. the They will also call each firefighter at their station who has their home number listed on the callback books. 2. At the 4 hr mark after the initial Everbridge page goes out, Batt 1 will award the S/E to the highest firefighter on the callback list that is eligible for the callback. 3. Using this procedure; firefighters who are not available will not be dropped to the bottom of the list.If at the end of the 4 hours Battalion 1 the Administrative Chief is unable to fill the vacancies using this procedure he will revert back to calling individuals at their stations in eligible order_;tThose refusing the callback will then be dropped to the bottom ofthe special events list. 102 X. Deployment Callbacks It is recognized that the Corpus Christi Fire Department takes part in statewide and federal responses to emergencies. The deployment of members creates vacancies in operations for daily staffing. The Corpus Christi Fire Department will fill any vacancies in operations daily staffing created by deployment. Daily staffing will be filled with the following procedures: A. The Corpus Christi Fire Department will authorize the use of overtime to fill daily staffing vacancies created by deployment regardless of whether the department is at minimum staffing. This overtime will be called deployment backfill. B. For deployments that are scheduled or ongoing, the Corpus Christi Fire Department shall utilize the Daily Staffing List to fill daily staffing needs according to the department's staffing policy_ C. For "just in time" deployments in which on-duty members are activated for deployment during their shift, the department shall utilize the Special Events List to fill daily staffing needs. D. The deployment backfill callbacks will attempt to be filled rank for rank using the eligibility lists and procedure noted above in Article VII. Daily Staffing Guidelines, but callback for deployed members by rank first. If rank for rank is not achievable due to availability, then the next lower rank will be utilized to fill the position. E. Examples of this would be as follows: • Example — If the daily minimum staffing number is 108, and if all members who are deployed were on duty for the shift the department would be at 112 for daily staffing, the department would utilize deployment backfill overtime to achieve the original 112 daily staffing. Members would be called back from the appropriate callback list, rank for rank as noted above in Article X. Deployment Callbacks. Section D. • Example— 1 Battalion Chief(BC), 1 Captain, and 1 FFII Eng are deployed, the highest available BC, the highest available Captain, and the highest available FFII Eng would be called back for deployment backfill using the eligibility roster. If a BC, Captain, or FFII Eng rank does not have a person on the eligibility list of the same rank available to fill the position, then the next lower rank would be used if the firefighter has the qualifications to "act" in that capacity_ • Example —If the daily minimum staffing number is 108, and if five members who are deployed were on duty for the shift the department would be at 105 for daily staffing that shift, then the department would utilize deployment backfill overtime to fill the first five positions rank for rank utilizing the proper list as noted above. The remaining three positions needed to get to minimum staffing at 108 would be filled using the highest available person on the eligibility list as directed above in Article VII. Daily Staffing Guidelines. If a FF rank is not available, then a FFII EMS can be used. 103 XI. DIRECTIONS FOR COMPLETING CALL BACK LISTS: A. The person making the calls will enter the correct code; date (mm-dd-yy), time, and his/her own initials. The Aactual time contacted shall be noted. B. The Fire Chief s designee will ensure that the list is updated weekly and published on the Corpus Christi Fire Departments intranet site. C. The OFF GOP;G SHIFT off-going shift is the shift which shall be contacted first during aCALL BACK callback. D. O dtAy shift to Gent e The contact procedure will be as follows: ■ A-shift will contact C-shift. ■ B-shift will contact A-shift. ■ C-shift will contact B-shift. E. Each Special Event requiring a call-back is a new incident and will require beginning at the top of the list. This will instife ensure that firefighters that whe had pfe-'�ietlsly been ^ntaete&ef a4tempted to be eantaeted, b * have remained in their position on the list are called first "wed. 1. Starting at the top, contact each firefighter who does not have a "C.R." (Contacted, Refused), or a "C.W."(Contacted, Worked) by their name. 2.In the event addifional that more than one firefighters-are is needed at the same time during the shift for Daily Staffing, Ba4talie}r1-the Administrative Chief shall not start over at the top of the Special Events list, but shall begin with the eligible firefighters in numerical order that do not have a GR"C.R." or UG"C.W." code on same date. F. During an emergency, personnel living outside the city limits may be excluded from a callback as per Article W20 Section 4 3, subsection C of the Collective Bargaining Contract. G. The following codes should be used when noting the status of a contact attempt: CODE EXPLANATION REMAIN IN POSITION ON LIST ■ C.R. ContactedONT-^CTE rRefused. Yes- Daily Staffing, No- Special Events ■ C.W. Contacted;and wWorked_ No ■ C. L. Contacted, but on ILeave_ Yes ■ I.P.N. Incorrect pPhone 4 Number. Yes ■ U.C. Unable to eContact. Yes 104 ■ C.T. Contacted, but on Trade_ Yes ■ C.U. Contacted,tiUnable_ Yes - The Fire Chief shall be natified — any time a fir-efi&ef f-efitses te fep8f+ 4) dftt-y as the firefighter-is not an an appr-eved leave asdescfibed-abeve-. iw*t to Oh-e L aff e,,.1. A;,- F;,.l e- a t4e list• a. iiP" shall designateTrrerighteFirefighte- 11 EMS ,-.er-sennel who are Etttalif4per- Ai4iele AI7, Sec;ai 1 of G-,.11ee ye Bar- Tgl=eeffleot. in addition, PPI's whe 4ave pr-eviattsly sef-ved five years as a 1411 EMS will liet be-regiaifeE-te ;;v e—F-1c .,,; —F-M-S eallbaek ,,1 411 44-,.t have a "P" dcsigoatiao. 1v "shall designate 1~FII EMT's .,,h afe Ettialified as er Aitcele 3,11,, Seetion 1 If an issue arises that necessitates a change in the policy; it can be changed if mutually agreed to by both parties. 105 APPENDIX "C-1" GRIEVANCE FORM Date: CASE NO.: Name Title I have discussed this complaint with my supervisor, and received his verbal answer on (date) . Because this answer is unacceptable to me, I wish to file my grievance complaint to Step 2. 1. Brief Statement of Grievance and the Facts or Events on which Grievance is Based: 2. Section(s) of contract alleged to be violated: 3. Remedy or adjustment sought by Grievant/Union: Grievant/Union Grievance Committee Chairman Date (Chairperson)/Union President's Signature Union Grievance Committee Chairman(Chair- Date Received person)/Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process 106 APPENDIX "C-2" RESPONSE OF UNION GRIEVANCE COMMITTEE STEP2 CASE NO.: Name Title On day of , 20 , the Grievance Committee met to consider the attached Grievance and made the following determination. ❑ This is a valid grievance and should proceed to Step 3. ❑ No valid grievance exists and no further proceeding is necessary. Union Grievance Committee Chairman Date (Chairperson)/Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 107 APPENDIX "C-3" RESPONSE OF FIRE CHIEF STEP 3 CASE NO.: Name Title Response: (Attach additional pages if necessary) Fire Chief Date Union Grievance Committee Chairman Date Received (Chairperson)/Grievance Committee Member The Grievance is not resolved at Step 3 and is submitted by the Union Grievance Committee to the City Manager for a Response at Step 4. City Manager's Office Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 108 APPENDIX "C-4" RESPONSE OF CITY MANAGER STEP 4 CASE NO.: Name Title The attached Grievance being received on 20 , the following is the City Manager's Response: City Manager Date Grievance Committee Chairman Date Received (Chairperson)/Grievance Committee Member *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 109 APPENDIX "D" Fire Department's Alcohol and Drug Policy A. INTRODUCTION The Corpus Christi Fire Department has a responsibility to provide the highest level of public safety service attainable by a City. All employees of the Department share in this responsibility. The sensitive position of all firefighters involved in fire suppression and/or emergency medical services or other assigned duties requires assurance that there is no use of illegal or prohibited drugs. It also requires assurance that firefighters are not under the influence of alcohol while on duty. The City of Corpus Christi is also obligated under the Drug-Free Workplace Act of 1988 to provide and maintain a workplace free of illegal or prohibited drugs. B. EFFECTIVE DATE AND EMPLOYEES COVERED. The amendments provided by this policy become effective upon execution of the 2016-2020 collective bargaining agreement between the City and the Union and will be incorporated into the Fire Department General Manual to be effective as of that date. This policy applies to all sworn personnel and cadets in the Fire Department,regardless of rank or assignment. All civilian personnel are covered under the citywide policy (H.R. 15.0). C. PROHIBITIONS: This policy prohibits: 1. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia. 2. The unauthorized use, possession, manufacture, distribution or sale of any controlled substance. 3. The presence of a detectable level of any illegal drug or unauthorized controlled substance or any metabolite of any such substance in the body upon being tested. 4. Being under the influence of alcohol or possessing alcohol while: (a) operating or occupying any city vehicle at any time; or (b) at any location during the firefighter's working hours including all lunch and break times. 5. Use of alcohol while off duty in violation of Civil Service Commission Rules and Regulations, and Chapter 143, Local Government Codes. 110 6. Unauthorized storage in any locker, desk, City vehicle or other repository on City premises or worksites of any illegal drug, drug paraphernalia, unauthorized controlled substances or alcohol. 7. Switching or adulterating any breath or urine sample submitted for testing. 8. Refusal to consent to testing and submit a specimen for testing when required under this policy. Consent is indicated by signing any form required by the City's Medical Advisor or laboratory collecting the specimen for testing. 9. Failure to pass any drug or alcohol test administered under this policy. 10. Refusal to consent to inspection of any desk, locker or other City property under a firefighter's control when requested by a supervisor or law enforcement officer 11. Arrest or conviction for any drug or alcohol-related crime committed at any time. 12. Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug or alcohol-related crime committed at any time. 13. Failure to report to his/her supervisor the use of any controlled substance prescribed by a physician or non-prescription drug which may impair the firefighter's ability to safely and fully perform his/her duties. 14. Failure to keep prescribed drugs in their original container which identifies the drug, date of prescription and prescribing physician or provide other proof of drug prescription and prescribing physician. 15. Failing to adhere to the provisions of any agreement executed by the firefighter which requires treatment or counseling for alcohol or drug abuse. 16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy. 17. Knowingly,taking prescribed medication in a manner or dosage other than as prescribed. D. DEFINITIONS UNDER THIS POLICY 1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana, hashish, THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other controlled substance not validly prescribed by a physician. 2. CONTROLLED SUBSTANCE: includes all of the above illegal drugs plus any other substances covered by Schedules I through V of the federal Controlled Substances Act (21 U.S.C. 801 et seq.) or the Texas Controlled Substances Act (Chapter 481, Texas Health and Safety Code). Controlled substances include amphetamines, barbiturates, methadone, benzodiazepines, methaqualone, morphine, codeine and anabolic steroids, A controlled 111 substance is "unauthorized" if the firefighter does not have a valid prescription for that substance at the time of its use or possession. 3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites (where a firefighter is working), parking lots, and means of transportation owned, leased, or otherwise used for City business including motor vehicles, equipment, or machinery. An employee's vehicle is also included in this definition when being used to conduct City business or when parked during an employee's working hours, including lunch or break times; provided however, that personal vehicles parked on city property may only be inspected or searched by law enforcement personnel based on probable cause. 4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show positive evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not show evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 6. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or greater than the detection limit for that substance as established by the testing laboratory, with the Chief s and Union's approval. E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY 1. The following violations of this policy shall be grounds for termination. a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug, drug paraphernalia or controlled substance while on duty, in a City vehicle or on break time or, b. use without authorization of alcohol while on duty or while occupying any City vehicle or during break period, c. failing a drug test administered under this policy. 2. Any firefighter who violates any other provision-s of this policy shall be disciplined up to and including termination. 3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the firefighter has disclosed any consumption of alcohol during his/her off duty hours. F. DRUG TESTING Drug testing will be conducted using a laboratory certified by the Department of Health and Human Services (NIDA). Chain-of-custody procedures will be followed to account for the integrity of each urine sample by tracking its handling and storage from point of specimen collection to final disposition of the specimen. 112 Each specimen submitted for testing under this policy shall be split and a sample shall be reserved for an independent analysis in the event of a positive result. Each specimen submitted for testing under the testing provision of this policy with the exception of pre-employment, will be assayed for the presence of the following compounds. EMIT SCREEN GC-MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamine 1,000 500 Barbiturates 300-1000 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana 50 15 Metabolites 300 300 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/milliliter The laboratory will also assay each specimen for signs of possible adulteration. Specimen alteration assays will consist of two or more of the following: * Creatinine * Chloride * Specific Gravity * Ph Pre-employment testing shall utilize the SAP 10. The initial test(also known as a screening test)shall be a enzyme immunoassay screen(EMIT) to eliminate"negative" urine specimens from further consideration. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS)will be used to confirm the presence of a specific drug or metabolite. The confirmation test shall be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of 113 drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. The Chief shall designate a Testing officer with full authority to order personnel compliance to oversee the integrity of the drug testing procedures and general administration of this policy. The Testing Officer's specific responsibilities and duties shall be established by the Chief. Drug testing under this policy will include: 1. Pre-employment: All job offers are contingent upon passing a drug test. Applicants who fail a drug test will be ineligible to apply for employment in the future. 2. Post-accident: Any firefighter, up to and including the Fire Chief, who,while operating a City vehicle, is involved in an accident, shall submit to drug and alcohol testing. The test shall be performed as soon as possible. 3. Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter has used or possessed an illegal drug or unauthorized controlled substance or has violated the alcohol-related provisions of this policy, the Chief may order the firefighter to submit a urine and/or blood specimen for alcohol and/or drug testing. 4. Random Testing: The Fire Department shall be divided into groups consisting of the following work sites or groups: Administrative Offices (Includes the Fire Chief) Training Center Fire Prevention & Arson Investigation Warehouse Each Station will consist of 3 separate groups (A, B, & C shifts) Three additional groups will be added upon opening of a new station. Random drug testing shall occur by the random selection of one of the above work groups or sites. The testing agency shall provide a computer-based random selection of the group to be tested each month. Two groups will be selected and tested each month. The Chief, or designee, will notify the employees selected for a test within no more than three(3)hours of the testing. Any firefighter either permanently or temporarily assigned, including members working trades for regular firefighters, shall be subject to testing. All testing will be conducted on site. Personnel not tested on site will be required to report to a designated lab within 3 hours of notification by their supervisor. Employees on vacation, sick leave, other leave, or on City business outside the city, will not be notified or have to take the test. 114 G. COMPLIANCE WITH POLICY 1. Applicants and firefighters subject to testing will have the opportunity to submit a list of prescription and non-prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs to the MRO before a decision regarding test results is made. 2. Any firefighter who has agreed in connection with a prior violation of this policy to submit to random testing for a prescribed period of time (maximum of one (1) year) may be tested as described in the agreement signed by the firefighter. 3. A firefighter with an alcohol content of .04% will be presumed to be under the influence of alcohol for purposes of this policy. 4. If the Medical Review Officer's (MRO) review of drug test results indicates a legitimate medical explanation for the confirmed positive test result, no further action will be taken against the firefighter and an applicant will be eligible for hire. If the MRO's review determines there is no legitimate medical explanation for the confirmed positive test result, the firefighter will be subject to disciplinary action up to and including discharge upon the first offense. H. MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's Medical Advisor or any physician designated by the City Manager who is a licensed physician with knowledge of drug abuse disorders and certified as a Medical Review Officer for drug testing. The MRO shall review all drug testing results he/she receives and interpret confirmed positive test results to determine if there is an alternative medical explanation of the confirmed positive result. I. ALCOHOLISM AND DRUG ADDICTION While occasional or"social"use of drugs and alcohol can become detrimental to the workplace and to personal health, we recognize that alcoholism and drug addiction are medical disorders which can be treated. The City of Corpus Christi believes it has a responsibility to provide assistance to our employees through the Employee Assistant Program,but the initiative in seeking such help is the responsibility of the firefighter. Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug-related problems before the problem becomes evident, will be offered rehabilitation help on a strictly confidential basis using the leave policies currently available for other health-related problems. Whether voluntary or mandatory rehabilitation is required,these costs are the responsibility of the firefighter. Medical Plan Insurance may be used to the extent provided under the individual's health insurance coverage. If misconduct or declining job performance brings illegal or non- prescribed drug or alcohol abuse problems to light, the firefighter will be subject to appropriate disciplinary action. 115 J. IMPLEMENTATION OF DRUG-FREE AWARENESS PROGRAM The Drug-Free Awareness Program will provide an ongoing education effort for the firefighters to prevent and eliminate drug and alcohol abuse that may affect the workplace. This program will cover: 1. The dangers of alcohol and drug abuse in the workplace; 2. This Alcohol and Drug Policy; 3. The availability of treatment and counseling for firefighters voluntarily seeking such counseling through the Employee Assistance Program; and 4. The discipline which will be imposed for violations of this policy. Supervisors are the "keys" to successfully implementing this policy. Initial and ongoing supervisory training will be mandatory for supervisors and will cover the following areas: 1. Identifying and documenting job performance and on-the-job behavior which may reflect the impact of personal problems; 2. Identifying evidence of on-the-job use or presence of alcohol or drugs; 3. Procedure for referral of troubled firefighters to the Employee Assistance Program; 4. Procedure for testing firefighter suspected of violating this policy; 5. Constructive confrontation techniques; 6. Orientation on drug procedures and technology; and 7. Procedures for conducting workplace inspections. Cadets will be trained on this Policy at the Academy and new supervisors will be trained through recurring sessions provided on the Training calendar. K. RECORDS PROCEDURES 1. RELEASE OF INFORMATION: Requests for employment verification or references for an individual terminated under this policy shall be forwarded to the Human Resources Department for response. For Texas Employment Commission hearing on granting unemployment insurance, the City will cite a rules violation as the reason for termination and will supply a copy of the letter of termination which states specific reasons. Where there is doubt about the release of information,the Legal Department shall be consulted for guidance. 2. REPORTING CONVICTION TO FEDERAL AGENCY: In compliance with the Drug Free Workplace Act, the Human Resources Department will notify the appropriate federal agency within ten (10) days after receiving notice from the firefighter of a conviction under criminal drug statutes. 116 APPENDIX"E" Team Member Participants for 2020 2024 Collective Bars!ainin2 Negotiations Between the City of Corpus Christi and the Corpus Christi Professional Firefighters' Association City Team Members Imilia K. -,#e Gabriel A. Rodriguez, Lead Negotiator Michael Rodriguez 8;vei MeH iey Rebecca Castillo Eddie Houlihan Dep. Chief Riehie Qtiiii Doug Matthijetz Asst. Chief Kenneth Erb Randy Paige Baffleii u r,a efsefi City Alternate Team Members Ciabr-iel R,,drig„ez Lilia K. Castro Re~,,4e G Odette Cruz Steve Viefa Amy Cowley John Juarez Randy Paig- Dezerae Carmona vvet+ ,Menda; a Will Durham Association Team Members Johnny R. Stobbs, Lead Negotiator Steve Bewer-s Arturo Caceres john Ronald Crabtree Anthony Keith Ronald r,-.,bt+ee Jack Arnold Aiitheiiy Keith Chris Guilianelle Randy Smart Jason Cook Association Alternate Team Members Zack Glev ' ,., a Steve Bowers Fr��Justin Drexler BEeti as Pier-ee Cody Eyring _"_r* Te�John Mora 117 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI PROFESSIONAL FIREFIGHTERS' ASSOCIATION October 1, 2024 thru September 30, 2028 TABLE OF CONTENTS Article 1-Preamble.......................................................5 Article I1-Overtime Pay Article 2-Definitions.....................................................5 1. Use of"7(k)"Work Cycle in Operations.........21 Article 3-Recognition...................................................7 2. Hours Worked..................................................213. "Kelly Days"................................................. ..21 Article 4-Duration........................................................8 4. Base Pay and Add Pays....................................21 5. Overtime Pay for Operations Fire Article 5-Non-Discrimination Fighters.............................................................21 6. Overtime Pay for Non-Operations Fire 1. Association Membership....................................8 Fighters.............................................................22 2. Protected Status..................................................8 7. Effect on Other Laws.......................................22 Article 6-Management Rights.....................................8 Article 12-Health&Life Insurance Article 7-Employee Rights 1. Health Care Insurance Plan and Life Premiums..........................................................23 1. Written Rules and Regulations.........................10 2. Life Insurance and Premiums...........................28 2. Non-Interference with Personal Lives..............10 3. Corpus Christi Fire Fighters Dental Plan..........29 3. Residency Requirements..................................10 4. Corpus Christi Fire Fighters Vision Plan.........31 Article 8-Association Rights Article 13-Supplemental Rights&Benefits 1. Payroll Dues Deduction....................................10 2. President's Time Off........................................I I 1. Uniforms ..........................................................32 3. Association Activities.......................................12 2. Mileage Allowance ..........................................33 4. Association Use of City Facilities....................13 3. Meals................................................................33 5. Association President's Access to 4. Relief................................................................34 Department Premises........................................13 5. Reassignment from 40 Hr. Staff Assignment...34 6. Association Access to Fire Cadet 6. Assignment Preference Forms..........................34 Orientations......................................................13 7. Station Assignment by Seniority......................34 7. Firefighter Training on Agreement...................13 8. Action Outside City Limits..............................35 9. Toxicology Reports..........................................36 Article 9-Base Wages,Fire Fighter Classifications 10. Legal Defense of Fire Fighters.........................36 &Steps 11. Copies of Agreement........................................37 1. Fire Fighter Classifications&Steps.................14 Article 14-Association Health&Benefits Trust Fund 2. Wages...............................................................15 1. Trust Creation...................................................37 Article 10-Supplemental Pays 2. Indemnification................................................37 1. Certification Pa 16 3. City Payments to Trust.....................................37 2. Assignment Pay................................................16 3. Temporary Duties in Higher Classification Article 15-Holidays&Holiday Pay Pay....................................................................18 1. Recognized Holidays........................................37 4. Education Incentive Pay...................................19 2. Pay for Holiday Work......................................38 5. Longevity Pay...................................................20 6. Emergency Medical Service Supervisory Article 16-Sick Leave&Sick Leave Pool Officers.............................................................20 7. Performance Award..........................................20 1. Accrual of Sick Leave......................................38 8. Bi-Weekly Pay Periods.....................................20 2. Use of Sick Leave for Personal Illness or 9. Dog Handler Pay ...................................20 Injury................................................................39 10. Voluntary Wellness Program.....................20 3. Use of Sick Leave for Immediate Family Member............................................................39 4. When Physicians Statement Required..............39 2 5. Sick Leave Retirement Pool.............................39 7. Promotional Testing while on Military 6. Drag Up Pay for Unused Sick Leave................39 Leave...............................................................56 7. Drag Up Pay Rate.............................................40 8. Life of Promotional Eligibility Lists ...............56 8. Catastrophic Leave... ............................41 9. Notification of Promotion................................56 10. Promotional Examination Eligibility for Current or Article 17-Vacation Leave Lower Rank/Classification........................56 1. Accrual of Vacation Leave..............................43 Article 23-Grievance Procedure 2. Use of Vacation Leave for Death Not in Immediate Family............................................43 1. Purpose............................................................57 3. Drag Up Pay for Unused Vacation Leave........44 2. Initiation of Grievances...................................57 4. Drag Up Pay Rate for Unused Vacation 3. Grievance Procedure.......................................58 Leave...............................................................44 4. Arbitration Procedure......................................59 5. Vacation Leave Buyback Program..................44 5. Enforcement of Grievance/Arbitration Procedure Time Limits....................................60 Article 18-Personal Leave and Military Leave 6. Arbitrator's Ruling Binding;Election ofRemedies.....................................................60 1. Personal Leave......................................45 2. Military Leave.......................................45 Article 24-Appeals from Disciplinary Actions Article 19-Injury Leave 1. Preemption.......................................................61 2. Disciplinary Actions.........................................61 1. Line of Duty Injuries-Leaves of Absence ......46 3. Disciplinary Investigations&Procedures........62 2. Definitions........................................................46 4. Appeals of Disciplinary Actions to 3. Permanent Disability Determinations/ Arbitration........................................................63 Reappointments ................................................46 5. Judicial Appeals...............................................65 4. Entitlement to Leave Upon Disability 6. Agreed Modifications of Contractual Time Retirement.........................................................47 Periods..............................................................65 Article 20-Work Hours Article 25-Severability...............................................65 1. Work Week and Duty Hours for Operations Article 26-Negotiation of Successor Agreement Fire Fighters......................................................47 2. Work Week and Duty Hours for 1. Association Negotiation Team;Paid Time Non-Operations Fire Fighters...........................48 Off....................................................................66 3. Call-backs.........................................................49 2. Bargaining Period.............................................66 3. Designated Bargaining Representatives...........66 Article 21-Hiring Procedures&Probationary Period 4. Duty to Bargain in Good Faith.........................66 1. Standard Hiring Process...................................49 Article 27-Impasse Procedure 2. Alternate Hiring Procedure..............................50 3. Probationary Period for New Employees.........51 1. Dispute Conference..........................................67 4. Reimbursement of Training Expenses 2. Optional Mediation After Impasse...................67 Upon Early Departure......................................51 3. Fact-Finding.....................................................68 4. Binding Arbitration..........................................69 Article 22-Promotions 5. Resulting Successor Agreement.......................70 1. Promotional Examinations-Firefighter 11......51 2. Promotional Examinations-Captain..............52 Article 28-No Strike,No Lockout.............................70 3. Orientation for Firefighter 11 Drivers andCaptains ....................................................53 4. Corrections to Promotional Article 29-Miscellaneous Examination Questions....................................53 1. Amendments to this Agreement.......................71 5. Notice of Promotional Exams& 2. Rulings and Records of Civil Service Source Materials..............................................53 Commission......................................................71 6. Promotional Process-Battalion Chiefs& 3. Labor-Management Relations Committee........71 Competitively Selected Assistant Chiefs.........53 4. Identification Cards..........................................71 3 Article 30—Drug&Alcohol Testing Appendices 1. Drug Testing Policy&Procedure.....................71 A-1 -DUES DEDUCTION AUTHORIZATION...........81 2. Selection for Random Drug Testing.................72 3. Discipline for Drug,Alcohol Violations...........72 A-2-SPECIAL ASSESSMENT DEDUCTION Article 31—Deputy Chiefs&Assistant Chiefs AUTHORIZATION.........................................................82 1. Deputy Chiefs...................................................72 2. Assistant Chiefs................................................72 A-3-TERMINATION OF REGULAR OR SPECIAL 3. Number of Appointments to Deputy and Assistant Chief..................................................72 DUES DEDUCTION AUTHORIZATION.....................83 4. Salary of Deputy Chiefs and Assistant Chiefs................................................................73 Appendix`B"—CALL-BACK PROCEDURES............84 Article 32—Emergency Medical Services 1. Certification Requirements...............................73 C-1—GRIEVANCE FORM............................................93 2. EMS Ambulance Rotation Requirements, Exceptions&Moratorium................................75 3. Grandfather Provision.......................................76 C-2—RESPONSE OF UNION GRIEVANCE 4. Matters Related to Failure to Obtain&Loss COMMITTEE ..................................................................94 of Certification..................................................76 5. Assistant EMS Director....................................76 6. Temporary Reassignments- C-3—RESPONSE OF FIRE CHIEF..............................95 Firefighter II-EMS............................................77 Article 33—Promotional Bypasses C-4—RESPONSE OF CITY MANAGER.....................96 1. Involuntary Promotional Bypass ......................77 2. Voluntary Promotional Bypass.........................78 Appendix"D"—FIRE DEPARTMENT DRUG& Article 34—Complete Agreement/Past Practice ALCOHOL POLICY.......................................................97 1. Complete Agreement........................................78 2. Past Practice......................................................78 3. Limited Exception to Past Practice...................79 Appendix"E"—Team Member Participants..............104 Article 35—Conflict with Civil Service.......................79 Article 36—Concluding Provision...............................80 4 Article 1 PREAMBLE The following Collective Bargaining Agreement, hereinafter referred to as the "Agreement" is made by and between the City of Corpus Christi, Texas, hereinafter referred to as the"the City", and the Corpus Christi Professional Fire Fighters Association, also known as the International Association of Fire Fighters, AFL-CIO-CLC, Local Union 936, hereinafter referred to as "the Association". The City and the Association agree that the intent of this Agreement is to establish compensation, working hours and conditions of employment for the City's fire fighters who are represented by the Association. This Agreement also promotes and fosters the harmonious relationship between the City and the Association. This agreement has been negotiated through the collective bargaining process pursuant to Chapter 174 of the Texas Local Government Code with the objective of serving the aforementioned purpose. Now, therefore, in consideration of mutual promises and agreements contained herein, the parties agree as follows: Article 2 DEFINITIONS The following definitions apply to terms and acronyms used in this Agreement unless a different definition is required by the context in which the term or acronym is used. 1. "Agreement" means this collective bargaining agreement negotiated by and between the parties. 2. "Association" means the Corpus Christi Professional Fire Fighters Association, also known as Local 936 of the International Association of Fire Fighters, AFL-CIO-CLC. The AFL is the American Federation of Labor. The CIO is the Congress of Industrial Organizations. The CLC is the Canadian Labor Council. 3. "Cadet" means an individual who has been hired to fill an entry level position in the Department but who has not yet successfully completed the Fire Academy and been certified as a fire fighter by the Texas Commission on Fire Protection. 4. "City" or"Employer" refers to the City of Corpus Christi, Texas. 5. "City Manager" refers to the City Manager of the City of Corpus Christi, Texas. 6. "Civil Service Act" or"CSA"refers to the Fire and Police Civil Service Act, Texas Local Gov't Code Chapter 143. 7. "Civil Service Commission" or "CSC" refers to the Fire and Police Civil Service Commission for the City of Corpus Christi. 5 8. "Civilian Employee" means an employee of the Fire Department other than the Fire Chief and Fire Fighters. 9. "Classification" refers to the Fire Fighter classifications established by the City's governing body pursuant to its authority under Texas Local Gov't Code §143.021. The term classification is synonymous with Fire Fighter"ranks" such as Firefighter I, Captain, etc. 10. "Department" or"Fire Department" refers to the Corpus Christi Fire Department. 11. "EMT" means an Emergency Medical Technician who: (1) is certified as such by the appropriate State agency, and (2) has been authorized by the Fire Department's Medical Director to function in the City as a medical care provider. 12. "Fire Academy" means the course of instruction necessary for a Cadet to obtain basic structural firefighting certification by the Texas Commission on Fire Protection, and to become a Fire Fighter in the Fire Department. Cadets may also receive EMT or Paramedic training while in the Fire Academy as required. 13. "Fire & Police Employee Relations Act" or"FPERA" refers to Texas Local Gov't Code Chapter 174, the collective bargaining statute under which this Agreement was negotiated. 14. "Fire Chief'and/or"Chief'refers to the Fire Chief of the Corpus Christi Fire Department. When an action requires action by or approval of the Fire Chief,he or she may delegate his/her authority to appropriate subordinates. 15. "Fire Fighter" or "Employee" means a bargaining unit employee covered by this Agreement. 16. "Fiscal Year" means the City's fiscal year, currently October 1 to September 30 of the following calendar year. The City may alter the fiscal year during the term of this Agreement, but will notify the Association in advance and provide it with an opportunity to negotiate solely to ameliorate any adverse effects on Fire Fighters. 17. "Full Duty Fire Fighters" are those who have completed the Fire Academy, have obtained fire certification from the Texas Commission on Fire Protection, have obtained any required EMT or Paramedic certification, and have been assigned to an Operations or Non-Operations position in the Fire Department. 18. "Haz-Mat Station" means a station that has been designated by the Fire Department as such by providing the equipment, training, and capabilities to perform Haz-Mat specialized tasks above the Operations Level, as defined by Texas Commission of Fire Protection. 19. "Member" refers to those Fire Fighters who are members of the Association. 20. "Non-Ambulance Station" is a station that does not have Firefighter II-EMS regularly assigned and does not operate or house a first standby medic unit 6 21. "Non-Operations Fire Fighters" are those assigned to a 40-hour work week. 22. "Operations Fire Fighters" are those assigned to a 24-hour work shift. 23. "Paramedic" means an Emergency Medical Technician-Paramedic who: (1) is certified as such by the appropriate State agency, and (2) has been authorized by the Fire Department's Medical Director to function in the City as a medical care provider. 24. "Rescue Station" means a station that has been designated by the Fire Department as such by providing the equipment and capability to perform at least 3 of the following "Types of Rescues" listed below at the Technician Level, as defined by NFPA 1670/1006: TYPES OF RESCUES • Rope • Confined Space • Trench • Water Rescue • Vehicle Extrication • Structural Collapse 25. "Single Company Ambulance Station" means a station that has one fire suppression apparatus and one ambulance. 26. "Supervisor" refers to a Fire Fighter in the rank of Fire Captain or above. 27. "Water/Boat Rescue Station" means a station that has been designated by the Fire Department and Fire Chief as such by providing the Station with a motorized vessel registered with the Texas Department of Parks and Wildlife. Article 3 RECOGNITION The City recognizes the Association as the exclusive bargaining agent for a bargaining unit consisting of all Fire Fighters. The bargaining unit does not include the Fire Chief, Civilian Employees, and Cadets. 7 Article 4 DURATION This Agreement was negotiated between the City and Association Team Members, identified in Appendix "E" and shall be effective as of October 1, 2024 and shall remain in full force and effect until September 30, 2028, and thereafter until replaced by a successor agreement reached either through good faith bargaining or use of the Impasse Procedure set forth in Article 27 of this Agreement. Article 5 NON-DISCRIMINATION Section 1. Association Membership. Neither the City nor the Association, in negotiating, administering, or enforcing this Agreement, will discriminate against any Fire Fighter because of his/her membership or non-membership in the Association. Section 2. Protected Status. Neither the City nor the Association, in negotiating, administering, or enforcing this Agreement, will discriminate against any Fire Fighter because of race,color,disability,religion, sex,national origin, age, sexual orientation, or other legally protected status. Article 6 MANAGEMENT RIGHTS Except as specifically modified by the terms of this Agreement pursuant to Chapter 174 of the Texas Local Government Code, the City retains and does not waive or restrict any and all management rights, functions and authority not otherwise abridged, controlled or qualified by applicable law, including the U. S. and Texas Constitutions, federal and state statutes (including specifically the Civil Service Act), the City Charter, local ordinances and resolutions. This means the City has and will continue to retain,regardless of the frequency of exercise,rights to operate and manage its affairs in each and every respect except as restricted by this Agreement and applicable law. These rights retained by the City shall include,but shall not be limited to, the right: (1) To exercise control and determine the organization, operations and purpose of City Government and the Fire Department and to manage its affairs in all respects, including but 8 not limited to managerial, fiscal, budgetary, economic, organizational, operational, community, statutory, legal and other needs; (2) To set standards for service to be offered to the public; (3) To determine the amount of supervision necessary; (4) To organize and reorganize the Fire Department in any manner it chooses, including but not limited to the size and composition of the Fire Department and the determination of job classifications, duties assigned to each classification, number of classifications and number of fire fighters within each classification; (5) To establish, modify, combine or abolish job positions, descriptions and classifications; (6) To assign and allocate work, duties and overtime to Fire Fighters; (7) To establish, modify or change work schedules, staffing of apparatus, and numbers of apparatus in the main or reserve fleet; (8) To transfer work from one Fire Fighter position to another; (9) To transfer Fire Fighters to other stations; (10) To determine safety, health and property protection measures for Fire Fighters and the Fire Department; (11) To hire, examine, classify,promote,train, and schedule employees in positions with the City and the Fire Department; (12) To suspend, demote, discharge, or take other disciplinary action against employees for just cause; (13) To relieve Fire Fighters from duties because of lack of work or funds or other reasons; (14) To determine the location, methods, means and personnel by which operations are to be conducted, including but not limited to the right to determine whether goods or services are to be made, provided or purchased; (15) To add, change or eliminate existing methods of operation, equipment or facilities; (16) To establish, implement and maintain an effective internal security program; (17) To determine, establish, create, modify, enforce or delete departmental rules, standard operating procedures (S.O.P.'s),policies, orders and regulations; (18) To determine, establish or modify policies affecting selection and training of Fire Fighters; (19) To communicate with employees and the public and maintain public awareness; (20) To contract or subcontract out work as allowed by law; and (21) To use non-sworn personnel in any manner allowed by the CSA and any other applicable law. The City's exercise of its retained management rights and authority is not subject to challenge through the grievance procedure but will not be used as a basis to refuse to arbitrate a grievance alleging violation of a specific term of this Agreement. 9 Article 7 EMPLOYEE RIGHTS Section 1. Written Rules and Regulations. The City recognizes its responsibility to reduce Standard Instructions, rules, regulations and standing orders to writing and to maintain the same at each station in order to achieve a uniform interpretation and application of such directives and regulations. However,the parties acknowledge that job descriptions cannot specifically describe every operations duty required of a position,but instead are simply general guidelines rather than specific descriptions of all duties that employees are required to perform. Section 2. Non-Interference with Personal Lives. The City will not publish, make or enforce any regulations or directives that will interfere with the personal lives or off-duty activities of Fire Fighters, except to the extent that such regulations are related to their employment. This section will not supersede the rules and regulations of the Civil Service Commission. Section 3. Residency Requirements. Fire Fighters may reside outside the city limits but shall reside in a location from which they are able to reach City Hall within sixty (60) minutes traveling by automobile at posted speeds in ordinary weekday traffic. The Chief, in his/her discretion, may waive this requirement on a case-by-case basis. Article 8 ASSOCIATION RIGHTS Section 1. Payroll Dues Deductions. A. The Association shall supply the City with all necessary papers and information for payroll deduction of dues and assessments. Such dues or assessments shall be deducted in the amount(s) authorized by the individual employee and the Association. B. The City agrees to deduct Association dues from a Member's pay upon receipt of a"Dues Deduction Authorization" form voluntarily and individually authorized, signed, and dated by the Member. The Member's authorization shall remain in effect until terminated by either the Member or the Association. The form to be used for this purpose is set forth in Appendix "A-l" to this Agreement. The City shall begin dues deductions from a Member's pay in the pay period following receipt of the "Dues Deduction Authorization." C. The City agrees to deduct special assessments from the pay of all Members of the Association upon receipt of official written notification from the Association President indicating that said special assessment has been approved and ratified by a majority vote of the Association members. 10 The form to be used for this purpose is set forth in Appendix "A-2" to this Agreement. The City may invoice the Association in the amount of$50.00 per month to be invoiced by the City on a monthly basis during the period of the special assessment. If the special assessment is a "one time" assessment, the City may invoice the Association in the amount of the actual administrative costs for the "one time" assessment. The City is not responsible for the administration and procedures used by the Association in the election for,collecting,distributing or return of any special assessment monies and the Association shall indemnify the City for any claims with regards to the special assessment. The special assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment and the date and manner of the reimbursement, if any. D. An Association Member may revoke his/her authorization for dues deductions at any time by individually providing the City with a signed and completed"Termination of Regular or Special Dues Deduction Authorization" form. The form to be used for this purpose is set forth in Appendix "A-3" to this Agreement. The City shall terminate dues deductions from the Member's pay in the pay period following its receipt of the form. The City will provide a copy of the signed form to the Association's Secretary-Treasurer. E. The City is obligated to remit to the Association only those authorized sums deducted as dues and special assessments from the Association members' paychecks. The City will not be liable for damages allegedly caused to the Association,its Members,or other persons by its deduction of, or failure to deduct, authorized sums for any reason and the Association shall indemnify the City for any claims with regards to deductions or special assessments. Section 2. President's Time Off. A. Upon election, and in each December thereafter, the Association President may choose to be relieved of duty for the following calendar year to perform Association duties. The Association President will provide the Fire Chief with written notice of his/her decision within two weeks after election, and thereafter by December 20 for each subsequent calendar year. The Association President may change his/her election only once during that calendar year. If the Association President chooses to be relieved of duty, each Fire Fighter(excluding cadets)will donate his/her pro rata share of sick leave that would cover the base salary the Association President is entitled to receive which will continue to be paid by the City. That amount will be determined by the City pursuant to the formula below every July 1. The hours will be deducted the first pay period in August of each year. The period during which the Association President is relieved of duty shall not constitute a break in service, and he/she shall be entitled to return to his/her rank upon completion of service as full-time President. In the event the Association President elects to return to duty, the City will reimburse the Sick Leave time back to each Firefighters Sick Leave bank, if after August 1st, on a pro-rata basis. In the event of an emergency, the Chief may order the Association President to report for duty as assigned by the Chief. B. Formula. The formula to determine the amount of sick leave to be deducted from Fire Fighters is as follows and excludes cadets: Sum of all salaries/Number of Fire Fighters (excluding cadets) = Average Salary 11 Average Salary/2080 = Employee Average Hourly Rate (President's base salary /Employee Average Hourly Rate)/Number of Fire Fighters (excluding cadets) =Hours to be deducted rounded to the nearest half(0.5) C. Provisional Position. If the President elects to be relieved of duty for the following calendar year, the Fire Chief shall request that a provisional position be added at the President's rank for the remainder of the year(s) in which this occurs. This provisional position will be filled according to the promotional process contained within this agreement. That request may be granted or denied, by City Council,based on the needs and budgetary constraints of the Fire Department and the City. If the President changes their election or elects to return to duty for the following calendar year, the firefighter most recently promoted in the president's rank will remain in the provisional position until a vacancy is created at that rank,in which case the position will be filled by the provisional position ahead of any eligibility list. If the President's successor is of a different rank, a provisional position will not be requested by the Fire Chief until the original provisional position has been removed by filling of a vacancy. The Department will utilize only one provisional position at a time in relation to this section. Nothing in this section shall be construed to divest or otherwise limit the City's right to implement a reduction in force, as authorized in Section 143.085 of the Civil Service Act. However, if the City implements a reduction in force rather than creating a provisional position, any resulting reinstatement lists will remain in effect for two (2) years unless earlier exhausted. Section 3. Association Activities. A. Committee Meetings. With advance permission from the Fire Chief or his/her designated representative, which will not be unreasonably denied, the Association may schedule small committee meetings on Fire Department property to conduct Association business. Such meetings must be in compliance with any City and Fire Department Policies and must not disrupt the duties of employees or the efficient operation of the Fire Department. B. Fund Raising Activities. With advance permission from the Fire Chief or his/her designated representative,which will not be unreasonably denied,the Association and its members may conduct voluntary fund raising activities for things such as the MDA, cancer awareness, and the United Way, during working time and at their work location, provided the conduct of such business complies with any City and Fire Department Policies and does not interfere with their duties as employees or the efficient operation of the Fire Department. C. Educational Leave. Fire Fighters shall be granted reasonable unpaid leaves of absence to attend fire schools, conventions, or meetings designed to increase Department efficiency and/or to better employees' working conditions, provided that there remains a sufficient number of employees to carry out the Department's normal functions. 12 D. Convention Delegates.The Association President and up to three(3)elected Association delegates shall all be allowed three(3)paid shifts off per year to attend a convention of the Association's state and/or national parent organizations. In addition, any Fire Fighter who is elected to the Executive Board of the Association's state or national parent organizations shall be allowed three (3) paid shifts off per year to attend such state and national conventions. Any delegate leave days provided for in this paragraph and not used for attendance at the Association's national and state conventions, may, upon the Association's request, be used for attendance at seminars or training sessions approved by the Fire Chief during each year of the contract term. E. Association Meetings. In any year the Association President chooses not to be relieved of duty, he or she (or his/her designee) will be provided with four(4)hours paid leave to attend each of eight(8)regularly scheduled Association meetings per fiscal year. F. Pension Board Meetings. Three (3)pension trustees will each be allowed three (3)paid shifts off per calendar year to attend any state or national pension seminar approved by the Fire Chief. However, the City will not reimburse related travel expenses, food or lodging. Section 4. Association Use of City Facilities. City facilities that are made available to private organizations shall be made available to the Association on the same basis they are made available to other nonprofit organizations. Section 5. Association President's Access to Department Premises. With prior notification to and approval by the Fire Chief,which will not be unreasonably denied, the Association President or his/her designee shall have access to Fire Department premises to administer this Agreement. The timing and manner of such visits shall be conducted so as to avoid interference with the functions of the Fire Department and shall be in compliance with all City and Fire Department Policies. Section 6. Association Access to Fire Cadet Orientations. A. Neither the City nor the Association will attempt to use the Fire Department Academy training to solicit or discourage Association membership. B. An Association representative and City representative will jointly present Fire Academy training to each Cadet Class on Association, City and employee rights and duties under this Agreement. Section 7. Fire Fighter Training on Agreement. All Fire Fighters will be provided with on-duty training and/or orientation concerning the rights and obligations of the City, Association, and Fire Fighters under this Agreement. 13 Article 9 BASE WAGES,FIRE FIGHTER CLASSIFICATIONS & STEPS Section 1. Fire Fighter Classifications & Steps. A. Current Classifications & Steps. The current classifications and the seniority steps within such classifications, for the Fire Department are as follows: 1. Cadet: Step 1 (entry level) Step 2 (12 months in rank— approx. 4% step) 2. Firefighter I: Step 1 (entry level) Step 2 (6 months in rank—approx. 3.25% step) Step 3 (18 months in rank—approx. 3.25% step) Step 4 (30 months in rank—approx. 3.25% step) Step 5 (84 months in rank—approx. 3.25%) Step 6 (120 months in rank—approx. 3.25% step) In order to qualify for the 120 month step, a Firefighter I must have 120 months of service in the Corpus Christi Fire Department, not including time as a Cadet, and hold a current Advanced Structure Fire Protection Personnel Certification from the Texas Commission on Fire Protection or an EMS certification of EMT- B or higher, as required by this Agreement. 3. Firefighter IL Step 1 (entry level) Step 2 (6 months in rank—approx. 3.25% step) Step 3 (18 months in rank—approx. 3.25% step) Step 4 (30 months in rank—approx. 3.25% step) Step 5 (84 months in rank—approx. 3.25%) Step 6 (120 months in rank—approx. 3.25% step) 4. Fire Captain: Step 1 (entry level) Step 2 (6 months in rank—approx. 3.25% step) Step 3 (18 months in rank—approx. 3.25% step) Step 4 (30 months in rank—approx. 3.25% step) Step 5 (84 months in rank—approx. 3.25%) Step 6 (120 months in rank—approx. 3.25% step) 5. Battalion Chief: Step 1 (entry level) Step 2 (6 months in rank—approx. 3.25% step) Step 3 (18 months in rank—approx. 3.25% step) Step 4 (30 months in rank—approx. 3.25% step) Step 5 (84 months in rank—approx. 3.25%) Step 6 (120 months in rank—approx. 3.25% step) B. Re-Opener Clause. The Parties acknowledge and agree that this Agreement does not waive the City's right under Texas Local Gov't Code §143.021 to establish, by ordinance, the classifications within the Fire Department, and the number of positions within those classifications. 14 Therefore, the current classifications and the numbers within those classifications adopted may be subject to change. However, should the City change the current classifications, it agrees to provide the Association with advance notice and an opportunity to reopen negotiations only to address changes, if any, that reclassification would have on base wages, step salaries, eligibility for promotion, and other subjects that are proper for collective bargaining negotiations. Should such negotiations result in an impasse, the parties agree to use the Impasse Procedure specified in Article 27 to resolve the impasse. Any change will be implemented only after bargaining is completed and an agreement reached. Section 2. Wages A. Commencing on October 1, 2024, the applicable monthly pay rates for the current classifications and steps within the Department will receive the following percentage pay raises on the following dates: Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10/1/2024 Cadet 3,883 4,050 7%to cadet and 4,963 5,124 5,290 5,462 5,640 5,823 FFI Start then Firefighter 1 3.25%per step Firefighter II 5,852 6,043 6,239 6,442 6,651 6,867 and 0.5% Fire Captain 6,902 7,126 7,357 7,597 7,843 8,098 between ranks Batt. Chief 8,139 8,403 8,676 8,958 9,250 9,550 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10/1/2025 Cadet 4,000 4,171 3% Firefighter 1 5,112 5,278 5,449 5,626 5,809 5,998 Firefighter II 6,028 6,224 6,426 6,635 6,851 7,073 Fire Captain 7,109 7,340 7,578 7,824 8,079 8,341 Batt. Chief 8,383 8,655 8,937 9,227 9,527 9,837 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10/1/2026 Cadet 4,160 4,338 4% Firefighter 1 5,316 5,489 5,667 5,851 6,042 6,238 Firefighter II 6,269 6,473 6,683 6,900 7,125 7,356 Fire Captain 7,393 7,633 7,881 8,137 8,402 8,675 Batt. Chief 8,718 9,002 9,294 9,596 9,908 10,230 Title Start 6mos 12mos 18mos 30mos 84mos 120mos 10/1/2027 Cadet 4,326 4,512 4% Firefighter 1 5,529 5,708 5,894 6,085 6,283 6,487 Firefighter II 6,520 6,732 6,950 7,176 7,410 7,650 Fire Captain 7,689 7,939 8,197 8,463 8,738 9,022 Batt. Chief 9,067 9,362 9,666 9,980 10,305 10,639 15 A Firefighter I who is currently at the 30-, 84-, and 120-month steps on October 1, 2024 shall receive a stipend of$2,000. In addition, any Firefighter I who achieves the 30-month step before April 1, 2026 will also receive a one-time stipend of$2,000 when they reach such step. Article 10 SUPPLEMENTAL PAYS Section 1. Certification Pay. Fire Fighters who possess the below-listed certifications from the appropriate State Agency shall receive monthly certification pay in the amounts indicated below: Intermediate Fire Certification $50 per month Advanced Fire Certification $75 per month Master's Fire Certification $125 per month Certified EMT $35 per month Certified Paramedic $100 per month Fire Prevention Insp. $35 per month Fire Investigator $50 per month Arson Investigator $75 per month Basic Instructor $35 per month Intermediate Instructor, Advanced Instructor or Master Instructor $75 per month Section 2. Assignment Pay. a. Operations Assignments 1. Specialty Station Assignment Pay Firefighters who are regularly assigned to a designated Haz-Mat Station, Rescue Station, or Water/Boat Rescue Station, as defined in Art. 2 of this agreement shall receive Specialty Station Assignment Pay at a rate of $125.00 per month. Starting October 1, 2026, this rate of pay shall increase to $150.00 per month. Firefighters eligible for this pay shall only be allowed one monthly payment under this subsection regardless if a station they are assigned to has multiple designations. 16 Certification and Training Requirements Firefighters receiving Haz-Mat Station Assignment Pay must obtain Haz-Mat Technician Level Certification within 180 days of assignment. The City agrees to provide the Haz- Mat Technician Level Course within 180 days after assignment if the Firefighter is not already Haz-Mat Technician Level Certified. If the City fails to provide the above referenced course within 180 days after assignment, the Firefighter will continue to receive Haz-Mat Station Assignment Pay until such time as the City provides the course. Additionally, if the City does provide the Haz-Mat Technician Level Course within the 180 day period referenced above, or after,and the Firefighter fails to make himself/herself available to take the course or fails to pass and obtain the Technician Level Certification, then he/she will no longer be entitled to receive Haz-Mat Station Assignment Pay until he/she becomes Haz-Mat Technician Level Certified. Failure to meet this requirement may result in reassignment by the Fire Department to a different station. Firefighters who receive Rescue Station Assignment Pay must obtain Technician Level training in Ropes, Confined Space, and Vehicle Extrication Rescue, and in one of the other "Types of Rescues" outlined in Art. 2 of this Agreement within 365 days of assignment. The City agrees to provide Technician Level training within 365 days after assignment if the Firefighter is not already certified. If the City fails to provide the above referenced training courses within 365 days after assignment,the Firefighter will continue to receive Rescue Station Assignment Pay until such time as the City provides the courses. Additionally, if the City does provide the Technician level training courses within the 365 day period referenced above, or after, and the Firefighter fails to make himself/herself available to take the courses, then he/she will no longer receive Rescue Station Assignment Pay until he/she meets the requirements listed above. Failure to meet this requirement timely, may result in reassignment by the Fire Department to a different station. Certifications may be obtained either by Department lead courses or by Department approved third-party courses. Firefighters who receive Water/Boat Rescue Station Assignment Pay must complete the department-specified training required to operate the watercraft and water rescue tasks. The City agrees to provide Water/Boat Rescue training within 365 days after assignment if the Firefighter is not already certified. If the City fails to provide the above referenced training courses within 365 days after assignment,the Firefighter will continue to receive Rescue Station Assignment Pay until such time as the City provides the courses. Additionally,if the City does provide the Water/Boat Rescue level training courses within the 365 day period referenced above, or after, and the Firefighter fails to make himself/herself available to take the courses, then he/she will no longer receive Rescue Station Assignment Pay until he/she meets the requirements listed above. Failure to meet this requirement timely, may result in reassignment by the Fire Department to a different station. 2. Daily Ambulance Assignment 17 0 to 3 years of eligible ambulance duty $25 per shift worked 4 to 8 years of eligible ambulance duty $35 per shift worked More than 8 years of eligible ambulance duty $45 per shift worked Firefighter IFEMS Assignment 5 to 9 years $50 per month or 10 years and greater $100 per month 3. Driver/Operator Assignment Pay Firefighter II - Engineers with a Texas Commission of Fire Protection Driver-Operator Certification that are assigned to an Operations 54-hour work week and regularly assigned to drive an apparatus shall receive $60.00 per month. b. Staff Assignments. Individuals regularly assigned to forty (40) hour week jobs will receive Assignment Pay in the amounts indicated: 0-3 years $225 per month 4-5 years $275 per month 6 or more years $300 per month Section 3. Temporary Duties in Higher Classification Pay. A Fire Fighter who is temporarily required to perform the duties of a higher classification for a continuous period of four (4) or more hours during any shift shall be paid temporary duties in higher classification pay as follows: Acting Fire Fighter II $40 per shift Acting Captain $50 per shift Acting Battalion Chief $60 per shift Acting Assistant Fire Chief $70 per shift Temporary duties in higher classification pay shall not be considered as a component of salary or compensation for purposes of drag up pay, leave sell back or overtime. 18 This section is intended to totally pre-empt the requirements of Texas Local Gov't Code §§141.033(b) and 143.038(b) as they pertain to the payment for temporary performance of higher classified duties. Section 4. Education Incentive Pay. 1. Limitations. a. In order to receive Educational Incentive Pay, a Fire Fighter must have: i. semester hour(s) earned from an accredited college or university; or ii. a degree earned from an accredited college or university; and iii. successfully completed his/her probationary period. b. Education Incentive Pay under this Article shall not be considered as a component of salary or compensation for purposes of drag up pay or leave sell back. c. The addition of other compensable areas of study under this section shall not expand the practice of payment of expenses or provision of textbooks or materials to such other areas of study as presently provided for an Associate Degree in Applied Science for Fire Science at Del Mar College. 2. Educational Incentive Pay Amounts. a. Payment. The Fire Fighter will commence receiving the appropriate amount the first pay period following presentation of a copy of his/her degree to the City's Human Resources Department. b. Semester Hours. Fire Fighters shall be eligible for educational incentive pay at the monthly rate of $1.00 per month for each academic semester hour satisfactorily completed provided that such hours are applicable toward a degree. In no event will more than $71.00 per month be paid without successful completion of the requirements and the receipt of an Associate Degree. c. Degrees. If the employee is attending an upper level college, he/she may meet this requirement by filing a copy of his/her certified degree plan with the Director of Human Resources, noting his/her expressed intent to obtain a Bachelor's Degree. i. Associate Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $53.00 per month or a combined total of$124.00 per month. ii. Bachelor's Degree. Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for a maximum of$135.00 per month. 19 iii. Master's Degree. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20.00 per month. Successful completion of the Master's Degree will qualify the employee for an additional $16.00 per month for a maximum combined total of an additional $36.00 per month on a Master's Degree. Section 5. Longevity Pay. Effective the first full pay period after the adoption of this Agreement, Longevity Pay shall be $12.50 per month for each complete year of service up to a maximum of twenty-five (25) years of service. This pay increase shall not be retroactive, meaning there will be no backpay. Section 6. Emergency Medical Service Supervisory Officers. Emergency Medical Service supervisory officers, with the exception of the Assistant EMS Director,who are assigned such duties by the Chief shall receive$150 per month paramedic certification pay in lieu of the paramedic certification pay provided for in Section 1 of this Article. Section 7. Performance Award. In November of each year of this Agreement, all non-Probationary Fire Fighters will receive a $150.00 lump sum performance award. Performance awards shall not be considered as a component of salary or compensation for purposes of drag up pay, leave sell back or overtime. Section 8. Bi-Weekly Pay Periods. Base wages authorized by Article 9, and supplemental pays authorized by this Article, will be paid on a bi-weekly basis during the life of this Agreement. Section 9. Dog Handler Pay. Any Firefighter who is charged with the responsibility for and is assigned a dog by the Corpus Christi Fire Department to be used in arson investigation functions shall be compensated at the rate of one half(0.5) hours of overtime pay each day, including vacation time, sick leave, compensatory time, and personal leave. The parties agree that an accurate computation of hours of work caring for an arson dog is difficult or impossible to determine and that the compensation provided herein is a fair and reasonable agreement considering all pertinent facts and circumstances. If an arson dog is retired(taken out of service by the City)the Fire Chief shall award the arson dog to the firefighter if the firefighter so desires. The City shall have no further obligation for the care, maintenance, and support of the arson dog. Section 10. Voluntary Wellness Program 1. The Fire Chief and the Association may mutually agree in writing to adopt a Voluntary Firefighter Wellness program, adjusted for age and gender. 20 2. The City, at its sole discretion,may offer incentives,either in pay or leave time,if the Association mutually agrees in writing. 3. If the City and Association agree to establish a firefighter wellness program, this program will also include a cancer screening initiative and distribution of nutrition and fitness information during in-service training. Article 11 OVERTIME PAY Section 1. Use of"7(k)"Work Cycle in Operations. During the term of this Agreement, the Department will continue to use a so-called "7(k)" work cycle of 27 days (nine 24-hour shifts) for Fire Fighters assigned to Operations. The "7(k)" cycle is described in the FLSA, and more specifically, in 29 U.S.C. §207(k). The number of hours scheduled in one work cycle for Operations Fire Fighters will be 216 hours,or 192 hours in a work cycle that contains the Fire Fighter's Kelly Day. Section 2. Hours Worked. For purposes of determining entitlement to Cycle Overtime Pay, any leave hours and Kelly Days will not count as actual hours worked. Section 3. "Kelly Days." A"Kelly Day" is defined as a 24-hour work shift off.Each Fire Fighter who works an Operations schedule will receive one Kelly Day per quarter. However, a Fire Fighter who is absent from work for a full calendar quarter (January-March, April-June, July-September, or October-December) will receive no Kelly Day for that quarter. Kelly Days will not count as time actually worked for Cycle Overtime. Section 4. Base Pay and Add Pays. For purposes of this Article, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays to be used in calculating overtime pay include Longevity, Certification Pay, Educational Incentive Pay,Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. Section 5. Overtime Pay for Operations Fire Fighters. A. Cycle Overtime Pay."Cycle hours" are an Operations Fire Fighter's regularly scheduled hours of work during a 7(k) work cycle. Fire Fighters will receive Cycle Overtime Pay for hours in excess of 204 hours actually worked during a 7(k) work cycle calculated as follows: 21 1. [Annual Base Pay + Annual Add Pays] -26=Pay Period Pay (PPP). 2. PPP- 80 = Cycle Rate 3. PPP- 108 =Dock Rate 4. [Cycle Rate x 1.5] —Dock Rate = Cycle OT Rate 5. [Cycle OT Rate] x [hours over 204] = Cycle OT Pay B. Overtime Pay for Holdover & Call-back Hours. Fire Fighters will receive Overtime Pay for hours worked outside their scheduled work hours. When off-duty Fire Fighters are called to return to duty, or are subpoenaed to give testimony in court about matters related to their employment, they will be paid from the time called to report to duty, and will be paid for the actual time worked, or for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated as follows: 1. [Annual Base Pay +Annual Add Pays] -26 = Pay Period Pay (PPP). 2. PPP- 90 =Hourly Rate 3. [Hourly Rate] x 1.5 = Overtime Rate 4. [Overtime Rate] x [Overtime hours] = Overtime Pay Section 6. Overtime Pay for Non-Operations Fire Fighters. Fire Fighters who are in Training, Prevention, or work a 40-hour work-week will receive Overtime Pay for hours actually worked outside their scheduled work hours. When off-duty Fire Fighters are called to return to duty, or are subpoenaed to give testimony in court about matters related to their employment,they will be paid from the time called to report to duty, and will be paid for the actual time worked, or for three(3)hours,whichever is greater. Overtime pay under this provision will be calculated as follows: 1. [Annual Base Pay + Annual Add Pays] -26 = Pay Period Pay (PPP). 2. PPP- 80 =Hourly Rate. 3. [Hourly Rate] x 1.5 = Overtime Rate 4. [Overtime Rate] x [Overtime hours] = Overtime Pay Section 7. Effect on Other Laws. A. FLSA. The parties acknowledge that the provisions of this Article differ from the requirements of the FLSA, 29 U.S.C. §201 et seq., and intend that any premium pay required by this Article that is more than what is required by the FLSA be offset against any unpaid liability due under the FLSA for that same work period. B. State Law.To the extent that the requirements of this Article differ from the requirements of State law, including but not limited to Texas Local Gov't Code §142.0015, this provision governs. 22 Article 12 HEALTH & LIFE INSURANCE Section 1. Health Care Insurance Plan and Life Premiums. A. Health Care Plans. During the term of this Agreement, the City shall provide health care coverage for Firefighters and their dependents. One plan will be offered called the Fire Consumer Driven Healthcare Plan. The Plan is outlined below as follows, Firefighters may only elect participation in the plan which must be done during the City's Open Enrollment period or at the time of a Qualifying Event as defined by IRS Regulation, also included in plan summary description. B. Fire Consumer Driven Health Plan (CDHP)with Health Savings Account Election of the Fire CDHP with HSA can only be made at the time of hire or during the open enrollment period, or during a Qualifying Event as defined by IRS Regulation, and included in the plan summary. 1. Premiums for Fire CDHP with HSA. Bi-weekly premium costs for Fire Consumer Driven Health Plan as on the effective date of this Agreement are as follows: Employee Cost Cites Employee $0 $330.92 Employee & Spouse $133.44 $576.56 Employee & Children $104.01 $528.42 Employee & Family $222.18 $721.80 THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME VIA THE PROCEDURE OUTLINED IN THIS SECTION 1, SUBSECTION D OF THIS ARTICLE. During the term of this Agreement, the City shall pay 100% of the employee's premiums and 50% of the premium for dependent coverage towards the Fire CDHP or any successor plan. Premium rates shall be determined using the agreed methodology described in this Agreement. The City shall notify the Association in writing of premium increases with a minimum of sixty (60) calendar days' written notice of any change, and of health plan changes with a minimum of thirty (30) calendar days' written notice of any change. The City and Association shall meet, within a reasonable time,upon the Association's request to discuss any premium and/or health plan changes prior to such increases or changes taking effect. 23 2. Plan Structure for Fire CDHP FIRE CONSUMER DRIVEN HEALTH PLAN WITH HEALTH SAVINGS ACCOUNT THIS IS A SUMMARY ONLY,PLAN DOCUMENT WILL GOVERN BENEFITS IN NETWORK OUT-OF-NETWORK (Participating Providers) PLAN YEAR DEDUCTIBLE $3,200 Per Individual $3,200 Per Individual $6,000 Max Family $6,000 Max Family Primary Care Physician Visit Deductible, then 0% Co- Deductible, then 0% Co- Insurance Insurance Annual Wellness Visit Deductible, then 0% Co- (Preventative) $0 Insurance MDLIVE Virtual Visit $10 co-pay N/A Employee Wellness Clinic $20.00 office visit N/A $15.00 if labs are needed CVS Minute Clinic Deductible, then Deductible, then 0% Co-Insurance 0% Co-Insurance 24 Specialist Office Visit Deductible, then Deductible, then 0% Co-Insurance 0% Co-Insurance Basic Lab & RadiologyDeductible, then Deductible, then 0% Co-Insurance 0% Co-Insurance Major Lab & Radiology Deductible,then Deductible, then (MRI/CT/PET) 0% Co-insurance 0% Co-Insurance Urgent Care Visit Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Emergency Room Services Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Hospitalization Deductible then Deductible, then 0% Co-Insurance 0% Co-Insurance Co-Pays: (Copays are for IRS-approved Co-Pays: preventive formulary (Copays are for IRS-approved medications only. For all other preventive formulary Retail Prescriptions medications only. For all other (CVS Caremark is preferred medications,you must pay the medications,you must pay the vendor) deductible, then 06) deductible, then 0%) $0 —Generic $20 —Preferred Brand $0 —Generic $40 —Non-Preferred Brand $20 —Preferred Brand $40 —Non-Preferred Brand Prescriptions Co-Pays: Co-Pays: CVS Caremark (Copays are for IRS-approved (Copays are for IRS-approved Mandatory Mail Order preventive formulary preventive formulary 90 Da Supply of medications only. For all other medications only. For all other y pp y medications,you must pay the medications,you must pay the Maintenance Prescriptions deductible, then 0%) deductible, then 0% 25 $0—Generic $0 —Generic $40 —Preferred Brand $40 —Preferred Brand $80 —Non-Preferred Brand $80 —Non-Preferred Brand Out-Of-Pocket Cost Including Co-Pays & Deductibles $3,200 Per Individual $3,200 Per Individual (Co-Pay to Employee Wellness Clinic will not be applied $6,000 Max Family $6,000 Max Family towards deductible or Out-Of- Pocket Cost All in-network co-pays, except for Employee Wellness Clinic, count toward the annual (embedded) deductibles. Eligible in-network preventive drug expenses are not subject to the deductible. 3. Fire CDHP Health Savings Account(HSA) The City will contribute $1,600 at the beginning of each fiscal year to a Firefighter's Health Savings Account (HSA), if the employee is eligible under IRS regulations to receive such contribution and the employee is enrolled in the Fire CDHP under an Employee Only Election. If the Firefighter is enrolled in the Fire CDHP in any other Plan Tier Level, then the City will contribute $2,600 at the beginning of each fiscal year to a Firefighter's HSA, if he/she is eligible under IRS regulations to receive such contribution. A Firefighter who enrolls into the Fire CDHP at anytime after the Fiscal Year begins due to a Qualifying Event will receive a pro-rated HSA for the remaining part of that Fiscal Year. As a health plan expense, funds for the HSA contribution will be allocated to the health plan fund, as all other related contributions, and then disbursed to individual HSA accounts. On October 1, 2024, as part of a one-time additional contribution, the City shall contribute an additional $2,000.00 into the HSA account for those Firefighters who choose to enroll into the Fire CDHP during the City's open enrollment period for Fiscal Year 2024-2025. Firefighters who are enrolled in the Fire CDHP prior to the execution of this agreement, will not receive this contribution until January 1, 2025. These contributions will be made only if the employee is eligible under IRS regulations to receive such contribution. This additional one-time contribution will be funded through a portion of the unrestricted Fund Balance. 4. Compliance with Federal and State Laws If the City believes that state or federal laws require a plan change in order to avoid penalties and excise taxes, to satisfy the statutory and legal coverage and benefit requirements and to preserve the flexibility to make needed changes to comply with the federal and state laws, including but not limited to the Affordable Care Act's complex and evolving requirements, the City shall notify the Association in 26 writing of its desire to make such plan changes. The parties shall meet and confer in good faith for a period of thirty (30) calendar days to try and come to a mutual agreement regarding the City's proposed changes to the Fire CDHP or whatever health care plan is in place for Fire. If the parties are unable to reach an agreement within thirty (30) calendar day period, then the parties mutually agree to retain a qualified licensed professional health insurance expert to assist in this effort. The retained expert will be authorized to effect only those changes to the Plan which are minimally necessary to ensure that the City and the Fire CDHP are not subject to any penalties and excise taxes and to ensure that the Plan complies with any Federal and State Laws. C. OPEB Liability Requirements and Fund Balance Elements Due to increased OPEB Liability, any future liability funding requirements will be managed through City's portion of Fund Balance. Section 1. Fund Balance Elements The following are the elements that will be used in calculating the Fund Balance A. Plan Assets B. Plan Liabilities C. Catastrophic and IBNR Reserve Balance D. Formulary for Calculation of Healthcare Premiums for Fire CDHP The following components will be used to calculate the premiums for active employees and retirees under age 65: 1. Third Party Administrator(TPA) administrative fees 2. Stop loss premiums 3. Incurred and paid medical and prescription drug claims (after stop loss adjustments,rebates, subrogation recoveries, coordination of benefit recoveries) of all plan participants (active employees, retirees, and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior to the effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12)month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. 4. A prorated contribution toward the cost of an onsite primary care clinic (the percentage of members covered under the CitiCare Fire Health Insurance Plan divided by the total covered members under the City's health plans who are eligible to use the clinic times the estimated annual cost of the clinic). 5. Incurred But Not Reported (IBNR) claims, as actuarially determined. 27 6. The net change in forecasted and prior period catastrophic reserve funding (10% of actuarial projected claims expense). 7. Assumptions for inflation and trend components used to estimate future claims will incorporate prevailing plan specific,regional, and national trends, as well as the anticipated impact of any mandated benefits, and any other factor(s) determined to impact the overall trend. Actuarial and consulting input from both parties will agree upon the factor(s) applied in accordance with professional, ethical and generally accepted practices. If agreement is not reached, within two (2) weeks after the actuary report is provided to the Association, the City will implement the recommendation of its Actuary. The City must notify the Association in writing of its intent to implement its actuarial recommendation. The Association has seven (7) calendar days from receipt of that notice to appeal in writing to the City Manager or designee and request the dispute resolution process as outlined below. Each party's actuary shall mutually agree within seven (7) calendar days upon a third neutral actuary. The parties shall submit position papers within fourteen (14) calendar days from the date of his/her selection. A decision in writing by the neutral actuary as to the factors applied to determine the contribution requirements for active employees and retirees under age 65 shall be delivered to the parties within seven (7) calendar days and shall be binding on all parties. Each party shall pay the total fees and expenses of their own actuary and each shall pay half of the fees and expenses of the neutral actuary. E. Retiree Health Insurance Coverage. Employees who retire under the conditions of disability in accordance with the Corpus Christi Firefighters Retirement System or Social Security or under regular retirement under the Corpus Christi Firefighters Retirement System or under Social Security after ten (10) years of continuous service with the City, along with their participating dependents covered on the last day of employment, shall be eligible to continue participation in the Fire CDHP at monthly premiums subject to periodic changes in rates as required in the agreement. However,Retirees are not eligible to receive the City's HSA Contribution. The total cost of such continued coverage shall be paid entirely by the employee and/or spouse. The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Coverage shall remain in force for the retiree while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the plan will cease. While the retiree remains in the Fire CDHP, or fully insured plan offerings for Medicare eligible retirees, coverage shall remain in force for the spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage in the plan shall cease. Coverage shall remain in force for the retiree's participating dependent children while paid until they become ineligible as defined in the plan at which time coverage in the plan shall cease. Medicare eligible retirees and their Medicare eligible dependents will be eligible to participate in the City's fully insured plan offerings for Medicare eligible retirees. Section 2. Life Insurance and Premiums 28 A. City-Purchased Life Insurance. During the term of this Agreement, the City will maintain, at no cost to Fire Fighters, basic life insurance in an amount equal to the Fire Fighter's annual base salary. B. Optional Life Insurance. Each year, during the enrollment period,the City will provide Fire Fighters the option to purchase additional life insurance at no cost to the City. Section 3. Fire Fighters Dental Plan. During open enrollment, a Firefighter can elect to participate in the City's Dental Insurance Plan outlined below. A Firefighter is not precluded from electing to change Coverage Tiers under the City's Dental Insurance Plan due to a Qualifying Life Event. The City will contribute $30.00 per month to those Firefighters who elect to participate in the City's Dental Insurance Plan. The City's monthly contribution will be applied to the Employee's portion of the premium tier. 1. Premiums for City's Dental Insurance Plan Bi-weekly premium costs for City's Dental Insurance Plan as on the effective date of this Agreement are as follows: Employee Cost Cites Employee $7.45 $13.85 Employee & Spouse $28.74 $13.85 Employee & Child(ren) $41.52 $13.85 Employee &Family $62.81 $13.85 B. Plan Structure for the City's Dental Insurance Plan. CORPUS CHRISTI FIREFIGHTERS DENTAL PLAN THIS IS A SUMMARY ONLY,PLAN DOCUMENT WILL GOVERN DENTAL PLAN BENEFITS In Network Plan Year Deductible $50 per individual $150 per family 29 Maximum Year Benefits per Participant for Categories I, II, III, IV,V,VI,VII,VIII, IX $4,500 Does not apply to Orthodontic I. Diagnostic & Preventative Care Services 100% of Allowable Amount Calendar Year Deductible does not apply As applies to those Participants who are One additional prophylaxis treatment(s) are available at 100% of Allowable Amount -pregnant 11. Miscellaneous Services 85% of Allowable Amount after Plan Year Deductible 111. Restorative Services 85% of Allowable Amount after Plan Year Deductible IV. General Services 85% of Allowable Amount after Plan Year Deductible V. Endodontic Services 85% of Allowable Amount after Plan Year Deductible 85% of Allowable Amount after Plan Year Deductible VI. Periodontal Services On additional Periodontal Services are available at 100% of Allowable Amount Periodontal Services are available at 100% of Allowable VII. Oral Surgery Services 85% of Allowable Amount after Plan Year Deductible VIIL Crowns, Inlays/Onlays Services 85% of Allowable Amount after Plan Year Deductible IX. Prosthodontic Services 85% of Allowable Amount after Plan Year Deductible OPTIONAL COVERAGE X. Orthodontic Services 85% of Allowable Amount Limiting Age: 19 after Plan Year Deductible 30 $4,500 maximum lifetime benefit Predetermination Amount $300 Dependent Child Age Limit Age 26 C. Dental Premiums Formulary The following components will be used to calculate the premiums for active employees: 1. Third Parry Administrator(TPA)Fees 2. Incurred and paid dental claims (after subrogation recoveries and coordination of benefit recoveries) of all plan participants (active employees and participating dependents), with allowance for adjustment based upon expected benefit plan, enrollment or other changes. The base time frame for this data will be based upon a consecutive seventeen (17) month time period ending seven (7) months prior to the effective date of such rate and benefit changes. The resulting net claim factors will be converted to a twelve (12)month equivalent for purposes of establishing the base claims factor to be used in the calculation to determine contributions. Section 4. Corpus Christi Fire Fighters Vision Plan a. Premiums for Corpus Christi Firefighters Vision Plan. Bi-weekly premium costs for Corpus Christi Firefighters Vision Plan as on the effective date of this Agreement are as follows: Employee Cost City Cost Employee $2.32 $0.00 Employee + 1 Dependent $4.63 $0.00 Employee + 2 or more $6.72 $0.00 Dependents THESE ARE CURRENT RATES ONLY AND ARE SUBJECT TO CHANGE AT ANY TIME VIA THE PLAN ADNHNISRATOR. b. Plan Structure for Corpus Christi Firefighters Vision Plan. 31 CORPUS CHRISTI FIREFIGHTERS VISION PLAN THIS IS A SUMMARY ONLY, PLAN DOCUMENT WILL GOVERN VISION PLAN BENEFITS VSP CHOICE NETWORK OUT-OF-NETWORK Annual Eye Exam Covered in full Up to $45 Single Vision Lenses Covered in full Up to $30 Bifocal Lenses Covered in full Up to $50 Trifocal Lenses Covered in full Up to $65 Lenticular Lenses Covered in full Up to $100 Progressive Lenses See lens options N/A Frames $100 $70 Contacts (standard) fit& Member cost up to $55 $0 follow up exam Contacts (elective) Up to $115 Up to $105 Contacts (medically necessary) Covered in full Up to $210 Frequencies Annual Eye Exam $10 $10 Eyeglasse Lenses or Frames $25 $25 Article 13 SUPPLEMENTAL RIGHTS & BENEFITS Section 1. Uniforms. A. The City shall pay 100% of the cost of the original issue of uniforms to provide every Fire Fighter with all required original issue items. The Fire Fighter shall thereafter replace or repair said required clothing items. 32 B. The City retains the right to establish the style and color of the official uniform and its insignia. If the City changes style and color of the uniform, and such changes cause the previous uniform to be obsolete, it shall pay 100% of the original cost. C. The original issue of uniforms, including patches, to each Fire Fighter shall include the following: (1) Two Class "A" uniforms for Cadets; (2) One belt and one buckle; (3) Six Class "B" pants; (4) Six T-shirts; (5) One sweatshirt; and (6) One Jacket. D. Fire Fighters will purchase shoes at their own expense. E. Fire Fighters will receive a monthly clothing allowance of$67.50. F. Standards regarding the inspections, maintenance, and replacement of uniforms as well as, uniform specification shall be established by the Fire Chief subject to the requirements of this Agreement. G. Each Fire Fighter's name, rank, and highest current EMS Certification shall be on all Fire Fighters' shirts as per Department policy. The Department may also require style and color changes to Fire Fighter shirts; however, the City shall be obligated to pay the cost of providing only three (3) new T-shirts to each Fire Fighter, notwithstanding the requirement of Paragraph B of this Section. Section 2. Mileage Allowance. Fire Fighters required to use their private automobiles for authorized Department business, or as a necessity in changing stations while on duty shall be compensated at the rate specified by City Policy for all City employees, which is the standard rate adopted by the Internal Revenue Service in effect at the time the miles were driven, or during budget shortfalls or special circumstances, a reduced rate as specified by the Finance Department. Section 3. Meals. When it appears that Fire Fighters will be: (1) engaged in firefighting duties at an emergency scene,(2)engaged in ambulance duties,or(3)relocated to another station for two hours past their normal mealtime,the City will provide the Fire Fighters a meal allowance of$8.00 per meal per Fire Fighter. A request by the senior officer present at the scene, or in his/her absence,approval by the first senior officer in the chain-of-command, is necessary before a meal will be authorized. The senior officer will submit the request for reimbursement on a form approved by the Chief and made available for that purpose. The 33 City will provide reimbursements within two weeks from the date the form is submitted by fax or otherwise. Section 4. Relief. Fire Fighters actively engaged in firefighting duties at an emergency scene for more than three (3) hours will be relieved from duty and given a rest period of at least thirty (30) minutes. In the event the Fire Fighter is required to remain on-scene for a period of eight (8) hours or more, the Department will make every reasonable effort to relieve the Fire Fighter and return him/her to other duties away from the scene. Section 5. Reassignment from 40-hour staff assignments. With the exception of the Fire Marshall, any Fire Fighter who has been placed on a 40-hour staff assignment for a period of two(2)consecutive years may request reassignment to other duties. However, Firefighters placed on a 40-hour assignment who have obtained a peace officer license, paid for by the City,must wait four(4)years before requesting assignment to other duties. Such requests will be granted as soon as a vacancy is available. Section 6. Assignment Preference Forms. The Fire Chief will consider any Station Assignment Preference Forms submitted by Fire Fighters during the prior year. Factors considered by the Chief in making any reassignments include,but are not limited to,the needs of the Department,the location of the preferred fire station,the Fire Fighter's residence, and the Fire Fighter's seniority. Station Assignment Preference Forms generally will not be used to fill vacancies governed by Section 7 of this Article, unless no one bids for the vacancy. Section 7. Station Assignment by Seniority. A Department vacancy that occurs due to retirement, death,termination,promotion, or demotion will be filled using the below-described seniority bid system: A. Only Fire Fighters regularly assigned to the shift (A, B or C) in which the vacancy occurs may bid. Within that shift, the following ranks are eligible to bid as follows: • Firefighter L seven (7)with the most time in rank • Firefighter II EMS: ten (10)with the most time in rank • Firefighter II Drivers: six (6)with the most time in rank • Fire Captains: six (6)with the most time in rank • Battalion Chiefs: one (1)with the most time in rank Those eligible may bid to move to the station with the current vacancy or to remain at their presently assigned fire station, but must complete and submit an assignment bid. 34 A Firefighter who is eligible to bid based upon the criteria outlined above, may bid, at any time, to remain at his/her currently assigned station regardless of whether a vacancy has occurred or whether the procedure outlined in subsection G has been followed. However, he/she must submit, in writing, a bid requesting to remain at their currently assigned station to the Assistant Chief of Operations. Once the request has been submitted and approved, the time restrictions outlined in subsection F apply, and the Firefighter may not use the seniority bid procedure to obtain another assignment for three (3) years thereafter. B. No more than two (2) Firefighter II EMS positions in each EMS Station will be filled by use of this seniority bid procedure. C. For the Firefighter I rank, this seniority bid procedure will be used only to fill positions in Non- Ambulance Stations. D. This seniority bid procedure will not apply to move-outs (temporary relocations). E. A Fire Fighter assigned to a station through use of the seniority bid procedure may not use the procedure to obtain another assignment for three (3)years thereafter. F. Vacancies subject to the seniority bid procedure will be posted for two (2) weeks. Fire Fighters will have seven (7) days after the two-week posting period expires to submit their assignment bids. The Fire Chief will post assignments within seven (7) days after the bid submission deadline. In the event that multiple bids are received for a single vacancy, the Firefighter with the most time in rank will have his/her bid granted. G. In the event that no bids are received from those Fire Fighters who are eligible to bid, as outlined above in subsection A,the assignment will be made at the Fire Chief s discretion. However,those Fire Fighters on the seniority list who have chosen not to bid on a vacancy cannot be assigned to that vacancy. H. Firefighters assigned to relief duty will be those most recently promoted to suppression. L All Firefighters in the rank of Firefighter I and Firefighter II-EMS remain subject to move-outs. However, those Firefighter I's and Firefighter II-EMS's with 20 years or more of service will be subject to move-outs as a last resort with a cap of 2 to 1. There will be only one "last resort person" per station on a rotation basis. In the case where there is more than one Firefighter with at least 20 years of service, the "last resort person" will be rotated on an equitable basis at the discretion of the station Captain. This provision does not apply to those non-ambulance riding Firefighter I's who are assigned to Single Company Ambulance Stations. Section 8. Action Outside City Limits. Fire Fighters who are ordered to respond outside the City limits on any Fire Department mission will be deemed to be acting in the course and scope of their duties as paid Fire Fighters and public safety officers for all purposes. 35 Section 9. Toxicology Reports. The City shall pay for the cost of toxicology reports in instances where a Fire Fighter dies and: A. The death results from an on-the-job injury; or B. The Fire Fighter's family requests a report and the Fire Fighter's recent exposure to excessive smoke or toxic fumes is suspected as a contributing factor. Section 10. Legal Defense of Fire Fighters. A. City's Obligation. The City will provide a legal defense to any Fire Fighter who: i. Is sued civilly for any action taken by the Fire Fighter while acting within the course and scope of his/her employment; or ii. Receives a traffic citation for his/her involvement in a traffic accident while making an emergency response to a fire or other emergency scene while acting in the course and scope of his/her employment. The City shall provide such legal defense through an attorney not connected with the prosecution of the case. B. Limitations on City's Liability. The City,by conducting or participating in the Fire Fighter's defense, does not: i. assume any obligation or liability not otherwise imposed by law; ii. expressly or impliedly waive any available immunity or defense; or iii. assume responsibility not otherwise imposed by law for any judgment rendered against the Fire Fighter. C. Limitation on City's Obligation.The City Manager may in his/her discretion refuse to provide a legal defense to a Fire Fighter where there are independent indications the suit results from the Fire Fighter's intentional acts, gross negligence or recklessness. The City Manager will provide the Fire Fighter a written statement of his/her reasons for declining to provide a legal defense. D. Fire Fighter's Obligations. A Fire Fighter against whom a claim is made has the following obligations: i. To notify the Fire Chief in writing of any claim being made against the Fire Fighter, and to request a legal defense from the City,not later than ten(10)days from the date the Fire Fighter received notice of such claim; ii. If sued, to forward to the City Attorney any demand, notice, summons or other process received by the Fire Fighter within 24 hours; and iii. To cooperate with the City in preparing the Fire Fighter's defense, in attending any necessary hearings or trial, in securing and giving evidence, and in obtaining the attendance of witnesses; and 36 iv. Upon the City's request, to assist in making settlement offers, and in enforcing any rights of contribution or indemnity against any other person or organization who may be liable for all or part of the alleged damages. Section 11. Copies of Agreement. The City shall distribute verbatim copies of this Agreement in electronic format to all Fire Fighters within 90 days of execution of this Agreement by the parties. Two (2) hard copies of the Agreement will be maintained at each Fire Station and other work locations for the convenience of the Fire Fighters. The City will also provide the Association with 30 hard copies of the Agreement. Article 14 ASSOCIATION HEALTH& BENEFITS TRUST FUND Section 1. Trust Creation. The City and Association agree that the Association Health & Benefit Trust is the Association's sole responsibility and that the City has no involvement in the Trust. Section 2. Indemnification. The Association shall defend and indemnify the City from any and all claims or legal actions for damages or expenses brought by any party arising from the operation or administration of the Association Health & Benefit Trust. Section 3. City Payments to Trust. Beginning on October 1, 2024 and each October 1 thereafter occurring during the term of this Agreement, the City shall pay to the Association $225,000 for the Corpus Christi Firefighters Health and Benefit Trust. Article 15 HOLIDAYS & HOLIDAY PAY Section 1. Recognized Holidays Each Fire Fighter shall receive the following holidays during each fiscal year: (1)New Year's Day (2)Martin Luther King, Jr. Day (3)Memorial Day (4)Juneteenth (5)Fourth of July (6) Labor Day (7)Thanksgiving Day (8) Christmas Day (9)Floating Holiday (10) One Holiday to be determined by the City. Fire Fighters shall also receive any additional holidays that are granted to other municipal employees of the City. 37 The current practice of adding holidays to vacation time shall be retained. For each holiday, hours will be placed in the Fire Fighter's vacation leave account as follows: (1) Operations Fire Fighters — 12 hours (2) Non-Operations Fire Fighters on 5/8 schedule — 8 hours (3) Non Operations Fire Fighters on 4/10 schedule — 10 hours Section 2. Pay for Holiday Work Fire Fighters who are required to work on a holiday will,in addition to receiving the holiday time credit authorized by Section 1 of this Article, be paid for the holiday hours worked as follows: A. For Operations Fire Fighters. Fire Fighters assigned to Operations will be paid according to the following formula: 1. [Annual Base Pay +Annual Add Pays] -26 = Pay Period Pay (PPP). 2. PPP- 80 = Cycle Rate 3. PPP- 108 =Dock Rate 4. [Cycle Rate x 1.5] —Dock Rate =Holiday OT Rate 5. [Holiday OT Rate] x [Holiday hours worked] = Holiday OT Pay B. For Non-Operations Fire Fighters. Fire Fighters assigned to 40-hour week positions will be paid according to the following formula: 1. [Annual Base Pay + Annual Add Pays] -26=Pay Period Pay (PPP). 2. PPP- 80 = Dock Rate. 3. [Dock Rate x 1.5] —Dock Rate =Holiday Rate 4. [Holiday Rate] x [Holiday hours worked] =Holiday Pay As used in the above formulas, "Base Pay" is the salary provided under Article 9, §2 of this Agreement. "Add Pays" include any Longevity Pay, Certification Pay, Assignment Pay, Educational Incentive Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay received by the Fire Fighter when applicable. Article 16 SICK LEAVE & SICK LEAVE POOL Section 1. Accrual of Sick Leave Fire Fighters will accrue sick leave in the amount of 15 working days with pay per year. For purposes of this Article, a"working day" is defined as follows: • For Operations Fire Fighters 12 hours • For Non-Operations Fire Fighters on 5/8 schedule 8 hours • For Non-Operations Fire Fighters on 4/10 schedule 10 hours 38 Section 2. Use of Sick Leave for Personal Illness or Injury. Fire Fighters may use sick leave for a personal illness or injury. Absent exigent circumstances, the ill or injured Fire Fighter shall notify the appropriate Chief on duty immediately after they know that they will be absent on account of illness or injury. Section 3. Use of Sick Leave for Immediate Family Member. In the event of illness or death in the Fire Fighter's immediate family, the Fire Fighter shall be granted sick leave at the request of the employee. The immediate family, for purposes of this Agreement, shall be defined to include parents, step-parents, legal guardian, spouse, mother-in-law and father-in- law, children, brothers, sisters, grandparents, and grandchildren. Section 4. When Physician Statement Required. Fire Fighters will be required to furnish a Physician's statement certifying to their illness or injury in the following circumstances: • When an Operations Fire Fighter is absent more than 2 consecutive work shifts; • When a Non-Operations Fire Fighter is absent more than 40 consecutive work hours; and • Anytime the Chief,in his/her judgment, deems it appropriate for a just cause. Section 5. Sick Leave Retirement Pool A. During the term of this Agreement, the City will continue to maintain the existing Sick Leave Retirement Pool for Fire Fighters, and will continue to have a maximum balance of 2,000 days, and a minimum balance of 500 days. The Pool shall be used to compensate Fire Fighters who retire with a sick leave account having more than 90 days, but less than the maximum buy back amount under Section 6.A. Eligible Fire Fighters shall be compensated from the Sick Leave Retirement Pool for the difference between their accrued amount and the maximum allowed. B. Quarterly accounting will be done to keep track of the current balance in the Pool. When the deduction of days from the Pool reduces it to a minimum of 500 days, the City will deduct 2 sick leave days from the sick leave account of each Fire Fighter once per year until the pool reaches its 2,000- day limit. Section 6. Drag Up Pay for Unused Sick Leave. A. Except in cases of disability retirement, Fire Fighters who separate will be paid by the City for the unused sick leave in their sick leave account subject to the following limits based on their years of service at separation: 39 Years of Service Maximum Sick Leave Buyback Operations Firefighters Non-Operations Firefighters Less than 4 full years of 0 Hours 0 Hours service 4 full years of service 360 Hours 267 Hours 5 full years of service 480 Hours 356 Hours 6 full years of service 600 Hours 444 Hours 7 full years of service 720 Hours 533 Hours 8 full years of service 840 Hours 622 Hours 9 full years of service 960 Hours 711 Hours 10 full years of service 1,080 Hours 800 Hours 20-24 full years of service 1,800 Hours 1,333 Hours 25 or more full years of service 2,160 Hours 1,600 Hours B. Operational and Non-Operational Fire Fighters who retire with a sick leave account having more than 1080 hours or 800 hours, respectively, but less than the maximum buy back amount under Section 6.A,shall be compensated from the Sick Leave Retirement Pool for the difference between their accrued amount and the maximum allowed. For example, a 26-year Fire Fighter who retires with 1800 hours or 1,333 hours (operational/non-operational) in his/her sick leave account would be paid for the maximum 2,160 hours or 1,600 hours (operational/non-operational), 360 hours or 267 hours (operational/non-operational) of which would be deducted from the Sick Leave Retirement Pool. This provision does not apply to disability retirements. C. If a Fire Fighter dies prior to separation from the Department, his/her beneficiaries will be paid the greater of: • The maximum amount allowed under Section 6.A; or • The entire amount of his/her accumulated sick leave. Section 7. Drag Up Pay Rate. For each hour of Drag Up pay to which they are entitled, Fire Fighters will be paid according to the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. The formulas are: 40 Operations Fire Fighters— [Annual Base Pay + Annual Add Pays] -2808 = Drag Up Hourly Rate Non-Operations Fire Fighters— [Annual Base Pay + Annual Add Pays] - 2080 = Drag Up Hourly Rate Section 8. Catastrophic Leave. The purpose of the Firefighters' Catastrophic Leave Pool ("FCLP") is to provide Firefighters with the possibility of obtaining additional sick leave days to avoid loss of compensation due to a catastrophic illness or injury when the Firefighter has exhausted all sick leave. Donation of a Firefighter's sick leave to the FCLP is a voluntary program. No inducement, discipline, or promise or threat of discipline shall be used to encourage or discourage participation. Donating to the FCLP: 1. Firefighters donating must have a total of 400 hours of sick leave accrued before being eligible to donate sick leave to the FCLP, and under no circumstances shall the donating firefighter end with less than 350 hours of sick leave after donating. 2. Firefighters may donate up to a max of 120 hours of sick leave to the FCLP within a calendar year. The following requirements determine when FCLP hours may be drawn: 1. Firefighters with four(4)years or less service may use FCLP hours after one hundred sixty-eight (168) hours for Operational Firefighters and one hundred twenty (120) hours for Non- Operational Firefighters related to a single qualifying catastrophic event,provided that it is a non- job related illness or injury. The first one hundred sixty-eight(168)hours or one hundred twenty (120)hours,respectively, shall be charged to the Firefighter's accumulated sick leave or vacation leave. In the event that a Firefighter has exhausted both his/her sick leave or vacation leave, then he/she will be docked the remaining hours required above. 2. All other Firefighters may use FCLP hours after two hundred sixteen(216)hours for Operational Firefighters and one hundred sixty (160) hours for Non-Operational Firefighters, related to a single qualifying catastrophic event, provided that it is a non job related illness or injury. In the event that a Firefighter has exhausted his/her sick leave,then he/she will be docked the remaining hours required above. 3. Firefighters shall be permitted to use no more than three hundred and eighty-four (384) FCLP hours for Operational Firefighters and two hundred and eighty (280) FCLP hours for Non- Operational Firefighters per calendar year. 4. FCLP hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 19 41 of this Agreement relating to "Injury Leave." Firefighters receiving worker's compensation benefits are ineligible for FCLP hours. 5. The number of FCLP hours utilized shall be solely for the benefit of firefighters with non job related injuries or physical or mental illnesses (including alcohol or drug related problems) identified by a licensed medical physician that prohibits the firefighter from returning to full time, part time or light duty employment, and such hours shall not revert to the accumulated sick leave of individual employees. Firefighters may also use FCLP hours in accordance with Art. 16, Section 3 of this Contract. Incapacities due to elective procedures are not eligible under this program; however, complications that develop as a result of the elective procedure(s) may be considered eligible. 6. Requests for FCLP hours should be submitted when the need for assistance is determined. FCLP hours will not be granted on a retroactive basis, with the exception for the two years preceding the execution of this Agreement. Meaning,that if within the last two years prior to the execution of this Agreement, a Firefighter has a catastrophic event that would qualify under this Section, he/she will still be eligible to receive FCLP hours, provided that the event is still ongoing and other qualifications have been met. 7. Requests for FCLP hours must: a. Be accompanied by a statement from a licensed practitioner that gives the diagnosis, prognosis, and anticipated return to work date of the Firefighter or other acceptable documentation at the discretion of the Fire Chief. b. Include a copy of the most current time and leave records information that reflects leave balances as of the Firefighter's last day physically on duty and the date the required use of personal sick leave, as defined in this section, will be or was exhausted. c. Be submitted on the "Request for Sick leave Pool Hours" form. 8. The Fire Chief, or designee, shall facilitate a committee review of all requests for hours from the FCLP. The committee shall include the Fire Chief or designee, an Assistant Chief, and the Association President or designee. The decision of the committee will be final and cannot be grieved. The Fire Chief or designee will provide written notification to the employee of the award or denial of FCLP hours by the committee. a. The committee will determine the amount of hours to be granted for the request, based upon the information provided by the Firefighter. The committee will deny requests for which the data provided is insufficient and/or does not meet the requirements of this section. b. The Fire Chief, or designee, may reconvene the committee for further consideration should evidence become available that would have affected the outcome of the committee's decision. 42 9. If FCLP hours are used intermittently and an employee accrues vacation and sick leave prior to all granted FCLP hours being used, the Firefighter must use accrued leave prior to resuming use of FCLP hours. Hours granted under this program do not extend or increase time limits provided under any other policy (i.e. Limited Duty & Reasonable Accommodation, Family and Medical Leave Act, etc.) 10. Firefighters leaving employment with the City are not entitled to payment of unused hours. Additionally, the estate of a deceased Firefighter is not entitled to payment of unused hours. 11. Documentation provided in association with a request for hours will be maintained in a confidential manner, as allowed by law. 12. If the FCLP has a zero balance, (no hours available), no FCLP hours will be granted. Article 17 VACATION LEAVE Section 1. Accrual of Vacation Leave. Fire Fighters will annually accrue Vacation Leave on the basis of 26 biweekly pay periods per year as follows: • 0— 14 years of service 15 working days • 15 —29 years of service 18 working days • 30 or more years of service 21 working days For purposes of this Article, a"working day" is defined as follows: ■ For Operations Fire Fighters 12 hours ■ For Non-Operations Fire Fighters on 5/8 8 hours ■ For Non-Operations Fire Fighters on 4/10 schedule 10 hours All Fire Fighters may accrue unlimited vacation hours (including holiday leave hours). Section 2. Use of Vacation Leave for Death Not in Immediate Family. A Fire Fighter,with the Chief s approval, may use vacation leave to attend the funeral of a person who is not in the Fire Fighter's immediate family. The immediate family, for purposes of this Section, includes the Fire Fighter's parents, step-parents, legal guardian, spouse, mother-in-law and father-in- law, children, brothers, sisters, grandparents, and grandchildren. 43 Section 3. Drag Up Pay for Unused Vacation Leave. Upon separation, Fire Fighters will be paid for the following maximum amounts of unused vacation leave in their accounts: Fire Fighter Class Number of Hours Operations Fire Fighters hired after 9/1/1998 720 hours Non-Operations Fire Fighters hired after 9/1/1998 533 hours Operations Fire fighters hired on or before 1080 hours plus hours the Fire Fighter had 9/1/1998 on the books on 12/20/1998 Non-Operations Fire Fighters hired on or before 800 hours plus hours the Fire Fighter had on 9/1/1998 the books on 12/20/1998 Section 4. Drag Up Pay Rate for Unused Vacation Leave. For each hour of Drag Up pay to which they are entitled,Fire Fighters will be paid according to the appropriate formula below. For purposes of this Section, a Fire Fighter's Base Pay is the salary provided under Article 9, §2 of this Agreement. A Fire Fighter's Add Pays include any applicable Longevity, Certification Pay, Assignment Pay, EMS Supervisory Officer Pay, and EMS Assistant Director Pay. The formulas are: Operations Fire Fighters— [Annual Base Pay + Annual Add Pays] -2808 = Drag Up Hourly Rate Non-Operations Fire Fighters— [Annual Base Pay + Annual Add Pays] -2080 =Drag Up Hourly Rate Section 5. Vacation Leave Buyback Program. Fire Fighters may sell back to the City two (2) working days of vacation leave for each working day of vacation leave taken by the Fire Fighter during that same year, subject to two (2)limitations: • Fire Fighters may not sell back more than ten (10)working days per year; and • Fire Fighters can sell back only accrued vacation leave in excess of thirty (30)working days. The term "working days," as used in this Article, means: • 12 hours of accrued vacation leave for Operations Fire Fighters; and • 8 hours of accrued vacation leave for Non-Operations Fire Fighters. The amount paid for each hour of vacation leave bought back by the City will be determined by the formula stated above in Section 4 of this Article for payment of Drag Up Pay for Unused Vacation Leave. The City shall distribute funds owed under this Section as cash, as contributions to a Fire Fighter's deferred compensation plan, or as otherwise directed by the Fire Fighter. The Fire Fighter is responsible to pay any costs incurred for a transfer other than cash. The City may require the Fire Fighter to release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the Fire Fighter to defer compensation under this provision. The City shall not be required 44 to make a payment to a deferred compensation plan or other plan if it determines, in its sole discretion, that such payment or distribution fails to comply with any applicable laws,rules, and regulations. Article 18 PERSONAL LEAVE & MILITARY LEAVE Section 1. Personal Leave A. Fire Fighters on the payroll as of August 1 of each year, except for cadets, shall receive 60 hours for Operations Firefighters and 40 hours for Non-Operations Firefighters of personal leave with pay. B. Personal leave days shall be non-cumulative and must be taken within one (1)year of the date received. Use of these days shall be subject to the operating needs of the department and the requests of the employees. C. Personal Leave (PL) days must be taken as follows: For Operations Fire Fighters: 60 hours of Personal Leave may be taken in 24 hour or 12 hour blocks. Personal Leave may only be combined with Vacation Leave if it is the final use of Personal Leave to make a 12 or 24 hour block. 12 hour blocks may only be taken from 0800 to 2000 or 2000 to 0800. For Non-Operations Fire Fighters: 40 hours of Personal Leave, taken in any increments, as approved by their supervisor. D. There shall be no payment for any accrued personal leave days if an employee terminates prior to using them. Section 2. Military Leave A. Military Leave. Any permanent employee who presents official orders requiring his/her attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of 240 hours in any one (1) calendar year. Any permanent employee who leaves his/her position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall,if discharged, separated or released from such active military service under honorable conditions be restored to employment in accordance with 45 the terms of the Uniformed Services Employment and Reemployment Rights Act (USERRA). In order to qualify for re-employment, the employee must comply with the requirements of USERRA. Article 19 INJURY LEAVE Section 1. Line of Duty Injuries —Leave of Absence. In accordance with Texas Local Gov't Code §143.073, a Fire Fighter will be granted a leave of absence and will not be charged with sick leave for a time period commensurate with the nature of the illness or injury related to the person's line of duty,up to one(1)year if necessary, and for any additional period approved by the City Council at full or reduced pay. After the Fire Fighter has exhausted his/her line of duty injury leave and Light Duty afforded by the City according to the Fire Department's Limited Duty Policy, if any, the Fire Fighter may utilize accrued sick, vacation and personal leave as authorized by §143.073(c) if the City Designated Physician certifies that the line of duty illness or injury continues to prevent the Fire Fighter from returning to duty. Section 2. Definitions. For purposes of this Article, the following definitions apply: 1. A "line-of-duty illness or injury" is one that was directly and substantially caused by the duties of the position. This definition does not govern the payment of workers' compensation benefits, which are governed solely by the workers' compensation statutes. 2. A"disability" shall be defined as a physical injury or illness which prevents a Fire Fighter from fully performing the duties of the position to which s/he was assigned at the time of his/her disability began. 3. A "permanent disability" is an injury or illness which disables a Fire Fighter to the extent that it cannot be said in reasonable medical probability that s/he will be able to return to full duty within one (1) calendar year from the date that the Fire Chief determines in writing that the disability is permanent. Section 3. Permanent Disability Determinations/Reappointments. The procedure for determining whether a Fire Fighter has a permanent disability shall be as follows: In the event the Chief determines after consultation with the City Designated Physician that a Fire Fighter is permanently unable to perform his or her job duties, the Fire Chief may institute immediate termination or retirement, whichever is applicable. Prior to taking formal action on the permanent disability determination, the Fire Chief will notify the Pension Board, in writing, of his/her intentions. The Fire Fighter may call for further examination by a board of three (3)physicians. The City 46 will appoint one(1) of these doctors;the Fire Fighter will appoint the second; and these two(2) doctors shall appoint the third doctor who must be approved by the City's Designated Physician. The Fire Fighter shall pay fees charged by his/her doctor, and the City will pay fees charged by the other two (2) doctors. The decision of the majority of these three (3)physicians as to whether the Fire Fighter is permanently disabled as defined within this Article will be final. A Fire Fighter who previously has been terminated for disability may be eligible for reappointment at the same rank if, within 2 years of the termination for disability: • the City's designated Physician certifies that s/he has recovered and physically is able to perform full duties; and • s/he is found to be otherwise qualified. Section 4. Entitlement to Leave Upon Disability Retirement. A Fire Fighter who retires on disability receives the following leave benefits: • Drag Up Pay for accrued vacation leave, subject to the applicable caps in Article 17; • Drag Up Pay for all accrued sick leave (not eligible for additional days from the Sick Leave Pool); and • If the Fire Fighter was disabled by a line of duty illness or injury, pay for any part of the Fire Fighter's one-year injury leave of absence that was not taken. All such payments under this Section shall be calculated and compensated as of the date the employee is determined to be permanently disabled and shall not include additional accrual of sick leave,vacation leave,personal leave or holidays beyond that date. Article 20 WORK HOURS Section 1. Workweek and Duty Hours for Operations Fire Fighters. A. 24/48 shift schedule. The regular work shift for Operational Fire Fighting personnel assigned to fire suppression and emergency medical services duties shall be based upon a schedule of 24 hours on and 48 hours off for a yearly average of fifty-four (54) hours per week. For these Fire Fighters, twelve (12) scheduled working hours shall be counted as one (1) work day for vacation leave, sick leave, personal leave and any other leave purposes. B. Shift Hours. The regular duty hours for each shift shall begin at 8:00 a.m. on the day to be worked and shall end at 8:00 a.m. on the following day. C. Holdovers. A Fire Fighter who is required to holdover at the end of his/her scheduled shift to complete a fire or ambulance call will be compensated for the additional time to 47 the nearest 15 minutes. If the Fire Fighter is required to holdover, the City shall not be required to provide additional compensation for holdover assignments lasting less than 15 minutes. However,if the holdover period lasts longer than 15 minutes,the Fire Fighter will be compensated for the entire holdover period at his/her overtime rate. D. Straight Time Compensation. The parties understand and agree that the City fully compensates Fire Fighters for all straight time pay due them for their regularly scheduled hours. Operations Fire Fighters receive straight time monetary compensation to work 216 hours in each 27-day work cycle that does not include a Kelly Day and 192 hours in each 27-day work cycle that does include a Kelly Day. E. Specialized Training Assignments:Operations Fire Fighters may be placed on a 40 hour work schedule for the purpose of attaining specialized training. Specialized training includes, but is not limited to: • Training in HAZ-MAT,rescue, fire prevention and/or arson investigation; • EMS certification and recertification classes; • promotional orientation; and • attendance at any Fire academy into which the Department has enrolled the Fire Fighter. If an Operations Fire Fighter is required to take leave time to attend specialized training and said time is for the purpose of transitioning to a forty (40)hour work schedule, such transition leave shall not break the cycle for FLSA purposes. Section 2. Work Week and Duty Hours for Non-Operations Fire Fighters. A. Battalion Chiefs & Above. Non-Operations Fire Fighters at or above the rank of Battalion Chief will have a 40-hour workweek with a schedule determined by the Fire Chief. B. Captains &Below. The regular work week for Non-Operational Fire Fighters below the rank of Battalion Chief assigned to the Fire Prevention or Training Divisions shall be 40 hours per week. The regular weekly schedule will be four (4) ten (10) hour shifts per week. In the Fire Prevention Division, the Fire Chief, may alter the regular weekly schedule if Fire Prevention staffing falls to 50% or less of its required level. In the Training Division the Fire Chief, at his/her discretion, may alter the regular weekly schedule at any time.A four(4)ten(10)hour day weekly schedule will begin at 8:00 a.m. and will end at 6:30 p.m. with a thirty(30)minute unpaid meal period. C. Election of Alternate Workweek by Captains &Below.Non-Operations Fire Fighters below the rank of Battalion Chief assigned to Fire Prevention or Training may elect, once each year and with the approval of the Fire Chief, to work a weekly schedule of five 8- hour shifts. This election will continue in effect for a year, subject to alteration by the Fire Chief as provided in paragraph B above. 48 Section 3. Call-backs. A. Call-Back Procedure. The current agreed call-back procedure, described in Department Standard Operating Procedure's (SOP's) (appended to this Agreement as"Appendix B") shall be used during the term of this Agreement unless changed by mutual agreement of the parties. B. Revisions Committee. The Fire Chief, in his discretion, may appoint a committee to develop a revised call back policy. The Committee will be composed of six (6)members, three (3) appointed by the Chief, and three (3) appointed by the Association. The Committee will meet as appropriate and determine whether and in what manner the Department's call-back procedure should be changed. Any recommended changes will be forwarded to the Chief and the Association President for the parties' consideration. Any recommended revisions will take effect upon approval by both the City and Association. For purposes of this subsection, the Association's Executive Board has authority to give the Association's approval. Fire Fighters will be briefed on any new call-back procedures before they are implemented. C. Emergency Call-Backs. In an emergency, i.e., any unexpected or unforeseen event requiring immediate action, the Department may utilize any means necessary to initiate assistance. Fire Fighters called in on an emergency call-back will not lose their place on any call back list. Emergency Call-Backs are a mandatory requirement to report to work in the event of an emergency or other situation as declared by the Fire Chief or his/her designee. D. Restricted on-call compensation. Off-duty Firefighters who are ordered by the Fire Chief to be on restricted on-call duty shall be compensated at a rate of $1.00 per hour while assigned to such on-call duty. On-call duty restrictions shall be determined by departmental policy. Article 21 HIRING PROCEDURES & PROBATIONARY PERIOD Section 1. Standard Hiring Process. A. Entrance Exams. Entrance examinations may be administered at any time to qualified applicants.Notice of such examinations will be made in accordance with the requirements of the CSA. B. Eligibility Lists. All entry-level applicants passing the written examination, oral examination,psychological examination,medical examination,strength and endurance examination,and any other exams deemed necessary by the Fire Chief will be number-ranked upon the entry-level eligibility list based upon their composite scores, which shall be posted simultaneously. Such eligibility list shall be valid for a period of one (1) year from the date the eligibility list is posted. For example, an eligibility list posted on October 8, 2015 would remain in effect until October 8, 2016. Selections from 49 an eligibility list for Cadet positions will be in number-rank order as specified in the CSA. Applicants who fail will be required to wait one (1) year before taking the test again. Section 2. Alternate Hiring Procedure. A. Use of Alternative Hiring Optional. The provisions of this Section are discretionary on the part of the Fire Chief and may not be used to compel the City to hire or appoint any individual whether or not vacancies currently exist. The Fire Chief, in his/her sole discretion, may deny the application of an alternative-hire candidate even though the candidate meets all alternative-hire requirements. Such decisions shall not be subject to this Agreement's Grievance procedure. B. Alternative Hiring Program. Whether or not an entry-level eligibility list currently exists or is required,the Chief may appoint applicants to beginning positions by utilizing this alternative hiring process. Each alternative-hire must possess an EMT-Basic, EMT-Intermediate or Paramedic Certification, at the time of hire. Each alternative-hire will be required to obtain Paramedic certification if not already possessed at time of hire. Each alternative-hire will thereafter maintain his/her Paramedic Certification thereafter as a condition of employment and will be subject to the certification requirements set forth in this Agreement. Additionally, each alternative-hire must successfully complete the following entry requirements: • a medical examination, • a physical fitness examination • a written examination, • a background investigation, • an interview by a panel appointed by the Chief, • a drug test, and • any other current eligibility requirements deemed appropriate by the Chief. C. Alternative Academies. Alternative-hires must successfully complete an academy specifically designed for them. Alternative-hires who do not possess a current Firefighter Basic Certification prior to entering this academy must pass the Firefighter Basic Certification exam in order to successfully complete the academy. D. Alternative Pay.Alternative-hires who possess both a Firefighter Basic Certification and a Paramedic Certification at hire will receive starting Firefighter I salary and will be considered Firefighter I's for all purposes except seniority. Such alternative-hires shall not begin to accrue seniority until they are released to full duty. Alternative-hires who possess only a Paramedic Certification at hire will receive the salary of a Cadet at the 12-month salary step and shall be Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. Alternative-hires who possess both a Firefighter Basic Certification and an EMT-Basic or EMT- Intermediate Certification at hire will receive the salary of a Cadet at the entry level step and shall be 50 Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. Alternative-hires who possess only an EMT-Basic or EMT-Intermediate at hire will receive the salary of a Cadet at the entry level step and shall be Cadets for all purposes including seniority and benefits until they are released to Full Duty, at which time they will become Firefighter I's. E. Preemption. The Chief s use of this alternative hiring procedure preempts contrary CSA requirements. Section 3. Probationary Period for New Employees. A. Probationary Period.A new employee in the Fire Department shall serve a probationary period that begins on the first date of employment and ends 6 months after achieving rank as a Full Duty Fire Fighter. However,under no circumstances shall a Probationary period be less than 18 months from the date of hire. During the probationary period, such employee may be discharged at the discretion of the Chief, without any right of appeal. When employees have completed the probationary period, they shall automatically become full-fledged Civil Service Fire Fighters and shall have full Civil Service protection as specified by Chapter 143 and this Agreement. B. Post-Academy Probationary Benefits. In addition to insurance, sick leave, vacation, and holidays, it is understood that upon graduation from the Fire Academy and achieving the first entry level rank as a Full Duty Fire Fighter,Fire Fighters shall receive the following: (a) 100% of the uniform allowance, (b)longevity pay, (c)Paramedic Certification pay,if certified,upon approval of the Assistant Chief— Field Operations and (d) supplemental insurance. After completion of the probationary period Fire Fighters will receive 100% of all benefits specified in this Agreement to which they are entitled. C. Probationary Time-in-Grade Credit. For promotional purposes, the effective date of the promotion indicated on the official City document (Form 12) will be used to determine the classification of Firefighter to meet eligibility requirements. Section 4. Reimbursement of Training Expenses Upon Early Departure If a Fire Fighter voluntarily leaves employment of the City within two (2) years after his/her probation ends,the Fire Fighter will reimburse the City for monies expended to train and certify the Fire Fighter. The former fire fighter shall reimburse the City those training and certification expenses within six (6) months of his/her voluntary departure date. Article 22 PROMOTIONS Section 1. Promotional Examinations -Firefighter II. A. Exam Procedure. Except as modified by this Article, the City will administer and grade Firefighter II promotional exams, and establish Firefighter II promotional eligibility lists, as provided by 51 the Civil Service Act. Separate exams for Firefighter II-Driver and Firefighter II-EMS will be administered. B. Eligibility Requirements — Firefighter II-EMS. To be eligible to take the Firefighter II-EMS promotional exam, a Fire Fighter must meet both of the following eligibility requirements: 1. Two consecutive years as a Firefighter I; and 2. Certification as a Paramedic. The Firefighter II-EMS promotional eligibility list will be used only to fill Emergency Medical Services vacancies. C. Eligibility Requirements—Firefighter II-Driver. Fire Fighters must serve a minimum of two (2) consecutive years as a FF2/EMS, or eight (8)consecutive years as a FF1,to be eligible to take the FF2/Driverpromotional examination. Section 2. Promotional Examinations —Captain. A. Exam Procedure.Except as modified by this Article,the City will administer and grade Captain promotional exams, and establish Captain promotional eligibility lists, as provided by the Civil Service Act. B. Eligibility Requirements - Captain. 1. Time-in-Grade Requirement. All Fire Fighters must serve at least 5 (five) years as a Full Duty Firefighter, with a minimum of 2 (two) consecutive years as a Firefighter II to be eligible to take the Captain promotional exam. 2. Grandfather Clause. However,the Time-in-Grade requirement above does not apply to a Firefighter II, who on September 30, 2024, would have been eligible to take the Captain's exam under the terms of the previous collective bargaining agreement dated October 1, 2020 thru September 30, 2024. All other Firefighters must comply with the Time-in-Grade Requirements stated in subsection 1 above. 3. Paramedic Certification Requirement. a. Fire Fighters hired before May 1,2000.Fire Fighters hired prior to May 1,2000, who have: • served as a Firefighter II for more than two consecutive years, and • served continuously in the Department since their hire date, need not possess Paramedic certification to be eligible for the Captain promotional exam. This does not relieve a Fire Fighter of any other EMS certification requirement described in this Agreement. 52 b. Fire Fighters hired on or after May 1, 2000. Fire Fighters hired after May 1, 2000, must possess Paramedic certification to be eligible to take the Captain promotional exam. After promotion to Captain, these Fire Fighters must maintain Paramedic certification for the longer of the following periods: • one additional required recertification, or • four years. Failure without adequate explanation to maintain said certification will be grounds for discipline up to and including demotion or indefinite suspension. Section 3. Orientation for Firefighter II Drivers and Captains. The Department's Training staff will provide all newly promoted Firefighter 11-Drivers and Captains with a thorough orientation commensurate with the responsibilities of the ranks.The orientation will include, at minimum, the following: hydraulics, driving laws, safety procedures, responsibilities of the job, leadership in the fire service, and report writing (including all forms used within the Fire Department). The orientation shall not be part of the promotional procedure and shall not count as part of the final promotional grade. Fire Fighters shall receive this orientation prior to assignment to their new positions. Attendance at such orientation shall not break a cycle for FLSA overtime pay purposes. Section 4. Corrections to Promotional Examination Questions. The Civil Service Director may, within five days after an exam is administered, recommend to the Civil Service Commission that changes to exam questions be made if: • clerical errors in compiling the test questions have been discovered, or • a question arises as to general accuracy. This does not restrict Fire Fighters' rights to appeal questions to the Commission as allowed by Section 143.034 of the CSA. Section 5. Notice of Promotional Exams & Source Materials. A. Source Materials. Each January, the Civil Service Director will post the list of sources from which promotional examination questions will be taken for all promotional exams to be administered during the one-year period commencing in April of the same year. The source materials shall be made available to candidates at least 30 days prior to the scheduled examination dates. B. Promotional Exam Dates. Notice of Promotional Exam dates will be posted pursuant to the CSA. Section 6. Promotional Process -Battalion Chiefs & Competitively Selected Assistant Chiefs. A. Eligibility for Battalion Chief Promotional Exam. Fire Fighters must complete two continuous years in the rank of Captain to be eligible to participate in the Battalion Chief promotional process. 53 B. Eligibility for Assistant Chief Promotional Exams. Fire Fighters must complete two continuous years in the rank of Battalion Chief to be eligible to participate in the Assistant Chief promotional process. C. First Component-Written Exam. The first component of the promotional process for Battalion Chief and competitively selected Assistant Chiefs will be a written exam administered as follows. 1. The written examination shall consist of questions relating to the specific duties of the position to be filled. 2. The written examination shall have no specific failing score but will provide a ranking of participants from high to low score. In the event of tie scores,the candidate who first provides his/her test sheet to the test administrator for grading shall be ranked higher. 3. Only the highest ten (10) participants will be allowed to participate in the Assessment Center phase of the promotional process. 4. The posting of the written examination results will contain only the names of the top ten applicants by score, listed in alphabetical order. 5. All applicants will be notified of their individual scores, but no scores will be posted. D. Second Component— Assessment Center. The second component of the promotional process for Battalion Chief and competitively selected Assistant Chiefs will be an Assessment Center administered as follows. 1. Selection of Assessors. The City's Director of Human Resources will select an adequate number of assessors from outside the Fire Department to serve on the Assessment Panel. To be eligible for appointment, a candidate must hold an administrative level position in a fire department in a city with a population of at least 100,000. At least one of the Assessors must be from outside the State of Texas for every three total assessors (e.g., if 7 or 8 assessors are utilized, at least 2 must be from outside the State of Texas). 2. Approval of Assessors. Both the Chief and the Association President, or their representatives, will be given five days to approve or strike the Assessors chosen by the Director of Human Resources, subject to the following conditions. a. The Chief and Association President will keep confidential the names on the list of proposed Assessors provided by the Director. b. If the Association President appoints a representative to act in their place, the Fire Fighter chosen must not be a candidate for the promotional process in question. C. Neither the Chief nor the Association President may strike more than one name from the Director's list of proposed Assessors for every three total assessors(e.g.if 7 or 8 assessors are utilized,the Fire Chief and the Association President will be allowed 2 strikes each). 54 d. If the Chief or Association President declines to approve an Assessor chosen by the Director, they must provide the Director a reason for withholding approval together with the name of a proposed alternate Assessor. e. The names of alternate Assessors proposed by the Chief or Association President will be provided to the other side for approval and/or striking unless and until that side has exercised all of its available strikes. 3. Training of Assessors. Assessors shall be trained for a minimum of eight (8) hours in the methods to be used in administering the test. 4. Notice of Assessment Center Exam Date. The announcement of the Written Test date will also state the date that the Assessment Center Exam will be administered. 5. Notice of Assessment Center Process. A brief explanation of the Assessment Center process will be posted at least three days prior to the date the Written Test is administered. In addition, all candidates will be given the opportunity to attend a classroom orientation concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. 6. Administration of the Assessment Center. The assessment center process shall include at least three (3)exercises.Feedback shall be provided to each candidate in a"feedback" session by the assessment center coordinators.The purpose of this session will be to provide each candidate with their score, the areas in which they excelled and did poorly, and what they might do to improve their performance in the future. 7. No Appeal. The results of the Assessment Center examination shall be binding for one year and, absent fraud, are not appealable to the Civil Service Commission or any other forum. E. Promotional Eligibility Lists. l. When Posted.Within 48 hours of the conclusion of the entire Assessment Center process, excluding weekends and City-observed holidays, a promotional eligibility list shall be prepared and posted. 2. Basis for Promotional Rankings. Each promotional eligibility list shall reflect the ranking of all applicants who completed both parts of the promotional process (Written Exam and Assessment Center) according to their"Rank Score," determined as follows. a. A "Total Score" will be determined for each candidate, weighted as follows: Written examination score 40% Assessment Center score 60% TOTAL SCORE 100% b. Each applicant's"Rank Score"will consist of his/her Total Score plus one point for each year of service in the Department up to ten years, for a maximum score of 110 points. 55 Section 7. Promotional Testing while on Military Leave Effective with the signing of this agreement firefighters who were serving on active military duty as members of the armed forces and who were eligible promotional candidates according to the rules as set out by USERRA when a department promotional exam was offered,who did not take the exam, may take the next available promotional exam given for the rank for which they are currently eligible. If the firefighter's score would have resulted in a promotion if it had been achieved on the exam(s)missed due to active military service, the firefighter will be promoted into that rank after returning to full duty and completing a promotional physical. This promotion will be absorbed back into the authorized compliment once a new vacancy for the rank occurs and no additional promotion for that position will occur. Seniority in rank will be established as of the date the firefighter would have been promoted, as if he or she had not been on active military service. The firefighter will also receive a lump sum payment in the amount of the difference between the pay actually received and the promotional rank pay for the period of time since the firefighter returned to the Fire Department from active duty. This provision is intended to comply with requirements of USERRA, and to supersede the terms of Sections 143.032(b) and 143.036 of the Texas Local Government Code. This Agreement does not prevent the City from taking steps to comply with USERRA under unique or special circumstances. Section 8. Life of Promotional Eligibility Lists. All promotional eligibility lists will remain in effect for one year measured from the date the exam is administered, unless earlier exhausted. For example, if the exam is administered on March 15, 2015 the list expires at 11:59 p.m. the following March 15, 2016. Promotional exams will be held annually when each list expires or is exhausted for the rank of FFII EMS, FFII Engineer, and Captain, regardless of vacancy. To accomplish this, Promotional exams for the ranks listed above, will be given no later than 45 days, excluding holidays, after expiration of a list. However, in the event a promotional list is exhausted before its expiration, then the City will have 60 days, excluding holidays, to hold a Promotional exam, regardless of a vacancy. For all other ranks, the City will follow the relevant provisions of Civil Service Act. Section 9. Notification of Promotion. Any Fire Fighter promoted to a higher classification shall be notified in writing within 20 days from the date of promotion. Section 10. Promotional Examination Eligibility for Current or Lower Rank/Classification A Firefighter is not eligible to take a promotional exam for a rank/classification that the Firefighter currently holds or in a lower rank/classification. 56 Article 23 GRIEVANCE PROCEDURE Section 1. Purpose. A. Scope.The purpose of this grievance procedure is to establish an effective method for the fair, expeditious and orderly resolution of grievances. A "grievance" is defined as any dispute, claim, or complaint concerning the interpretation, application or alleged violation of any provisions of this Agreement. The Association or any Fire Fighter may file a grievance in the manner described in this Article. If a matter is not a "grievance" as herein defined, it may not be submitted to the grievance procedure, including arbitration, for resolution. B. Exclusions. This grievance procedure does not apply to: 1. Fire Fighter appeals of discharges, disciplinary suspensions, demotions, promotional bypasses, and promotional examination appeals, which shall be governed by the procedures set forth in other articles of this Agreement; 2. Any section of this Agreement that is specifically excluded from the grievance procedure: and 3. Claims concerning alleged violation of statutes or other law outside the Agreement unless the Agreement specifically incorporates such statute or other law. Neither the Association nor a Fire Fighter has the right to file or arbitrate grievances concerning matters excluded by this Subsection. Section 2. Initiation of Grievances. A. Association & Individual Fire Fighter Grievances. Each grievance shall be submitted on the form attached to this Agreement as Appendix "C-1." Each written grievance must include: (1)the grievant's name and title; (2) a brief statement of the grievance and the facts or events on which it is based; (3)the date(s)the grievance occurred; (4)the sections(s) of the Agreement alleged to have been violated; (5)the remedy or resolution sought; (6)the Fire Fighter's or Association representative's signature; and (7)the date the grievance was received by the Association Grievance Committee. B. Group & Class Action Grievances. If the grievance involves an issue affecting a group of Fire Fighters, it may be filed as a group grievance, and each affected Fire Fighter will sign the grievance. If it affects the bargaining unit as a whole, or a large class of Fire Fighters, the Association may file it as a"Class Action" grievance by so noting on the grievance form (Appx. C-1),and describing the class of persons affected. If the City contests the Association's designation or non-designation of a grievance as a group or class action grievance, and the parties are unable to resolve the dispute, the Arbitrator is authorized to decide the dispute. 57 Section 3. Grievance Procedure. A. Step I -Informal Attempt at Resolution. In order for the City to have notice and an opportunity to correct any alleged unintentional violations of this Agreement, a Fire Fighter(and his/her representative)who is aggrieved should, where appropriate, seek to informally resolve a grievance with his/her supervisor and up the chain of command ending with the appropriate Assistant Chief. B. Step 2 -Action by Association Grievance Committee. A Fire Fighter or Association Representative must file the formal written grievance with the Association Grievance Committee within 25 calendar days of the date that s/he knew of or should have known of the facts or events giving rise to the grievance. The Association Grievance Committee will forward a notice of receipt of the grievance with a brief description of its nature to the Fire Chief or his/her designee within 3 calendar days of receipt of the grievance. The Association Grievance Committee shall within 25 calendar days of receipt of the grievance,determine if a valid grievance exists. If the Association Grievance Committee determines that no valid grievance exists, it shall notify the Fire Chief or his/her designee that no further proceedings are necessary. If the Association Grievance Committee determines that the grievance is valid, it shall so notify the Fire Chief, and forward the completed form attached to this Agreement as Appendix "C-2" together with the written grievance to the Fire Chief. C. Step 3 -Action by the Fire Chief. Upon receipt of a formal written grievance from the Association Grievance Committee, the Fire Chief or his/her designee shall submit his/her response in writing to the Association Grievance Committee within 25 calendar days of receipt of the grievance. The Fire Chief or his/her designee(s) may,but is not required to, conduct an informal grievance meeting with the Association and the affected Fire Fighter(s) prior to submitting his/her response. The Fire Chief s response will be on the form attached to this Agreement as Appendix "C-3". D. Step 4 -Action by the City Manager. The Association Grievance Committee shall have 10 calendar days following its receipt of the Fire Chief s response to submit the grievance to the City Manager. The City Manager or his/her designee may,but is not required to,conduct an informal grievance meeting with the Association representative(s) and affected Fire Fighters. The City Manager or his/her designee shall submit his/her written response to the Association Grievance Committee using the form attached to this Agreement as Appendix "C-4" within 25 calendar days of receiving the grievance. 58 E. Step 5 -Invocation of Arbitration. The Association Grievance Committee shall have 10 calendar days after it receives the City Manager's response to submit the matter to arbitration. The Association will provide written notice to the City Manager of its intent to submit the grievance to arbitration. Section 4. Arbitration Procedure. A. Arbitrator selection; setting hearing. If a grievance is submitted to arbitration,the City and Association may mutually agree to a neutral arbitrator. If the parties are unable to do so after 14 calendar days, either may request a list of 7 arbitrators from the American Arbitration Association (AAA). The party requesting a list of arbitrators will provide a copy of the request to the other party. Within 10 calendar days following receipt of the list of arbitrators, the parties shall select an arbitrator by alternately striking names from the list. The parties shall flip a coin in front of the Director of Human Resources, or designee, to determine who strikes first. When only one (1) name remains, that person shall serve as the arbitrator. The parties will promptly notify the AAA of the arbitrator's selection. The AAA will notify the chosen arbitrator who, together with the parties' representatives, will select a time, place and date for the arbitration hearing. B. Arbitration hearing & decision. The following procedures will govern the conduct of the arbitration hearing. 1. The hearing will be conducted informally and the strict rules of evidence or pleadings shall not apply. 2. The Association will bear the burden of proof by a preponderance of the evidence. 3. An official stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing and the cost of the transcript will be shared equally. If there is no agreement on this point, a party desiring to do so may have a transcript made at that party's sole expense. However, in that case, the arbitrator will determine whether s/he will receive a copy of the transcript. If the party not ordering the transcript wishes to have a copy, that party will have to obtain and pay for the copy through the court reporter who prepared the official stenographic transcription. 4. The parties are responsible for any cost necessary to secure the presence of their witnesses at hearing, except that the Fire Department will make subpoenaed Fire Fighters who are scheduled to work available to testify. 5. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior to the hearing date,the parties shall exchange the names of witnesses expected to be called at the hearing. Except for true rebuttal witnesses whose testimony could not reasonably have been anticipated, the arbitrator shall exclude the testimony of a witness that a party failed to identify after timely request to identify. 6. Upon request of either party addressed to the opposing party at least 2 calendar weeks prior to the hearing date, the parties shall exchange documents to be used as exhibits at the hearing. Upon failure of a party to disclose such exhibits the arbitrator shall exclude their admittance,unless the exhibit is used as a rebuttal exhibit and its use at the hearing could not have reasonably have been anticipated. 7. The arbitrator shall have the power to subpoena witnesses, records and other evidence. At least two (2) calendar weeks prior to the hearing, the party requesting the subpoenas shall prepare such 59 subpoenas and ask the Arbitrator to sign them. Each party shall be responsible for and bear the cost of serving the subpoenas to its witnesses.A party may apply to the arbitrator to quash a subpoena so issued. 8. The parties,in writing, may request discovery before the hearing. A party's failure to provide the requested information within 2 calendar weeks of the discovery request will be deemed a denial of the discovery request. The requesting party may then petition the arbitrator to compel such discovery if appropriate to the nature of the case. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, the objections of the party resisting the discovery request, and such other matters as s/he may deem material. The arbitrator's decision as to appropriate discovery will be final. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within 5 calendar weeks prior to the hearing. 9. Within thirty (30) calendar days after conclusion of the hearing, or after receipt of closing briefs if requested, the arbitrator shall issue a written opinion and ruling with respect to the issues presented, a copy of which shall be mailed or delivered to the Association and City. 10. The losing party shall pay all of the arbitrator's fees and expenses. The arbitrator's written opinion shall designate the losing party for purposes of this requirement. If the arbitrator determines that both parties lost in part, s/he will apportion fees and expenses accordingly. C. Arbitrator's Authority. The arbitrator's authority shall be limited to the interpretation and application of the terms of this Agreement and/or any supplement(s) thereto. The arbitrator shall have no authority to add to, subtract from, or modify the applicable provisions of this Agreement in arriving at a decision on the issue or issues presented. The arbitrator shall confine his/her decision to the interpretation, application or enforcement of this agreement as applicable to the facts and circumstances presented. The arbitrator shall confine himself/herself to the issue(s) submitted for arbitration, and shall have no authority to determine any issue(s)not properly submitted by the parties. However,if the parties disagree as to the issue(s) for decision, the Arbitrator is authorized to frame the appropriate issue(s). Section 5. Enforcement of Grievance/Arbitration Procedure Time Limits. A. For the purpose of this Article, if the due date for any response or notice falls on a Saturday, Sunday, or City-observed holiday, then the due date will extend to the next day that is not a Saturday, Sunday or City-observed holiday. B. All time limits set forth in this Article must be strictly observed unless extended by mutual consent. Failure of the Association to comply with the time limits set forth,absent legitimate excuse, will constitute abandonment of the grievance, and no further action may be taken. Failure of the City to respond within the time limits, absent good cause, will constitute a denial of the grievance effective the last date of the response period, and the grieving party may proceed to the next step of the grievance procedure. Section 6. Arbitrator's Ruling Binding; Election of Remedies. The arbitrator's decision as to matters properly grievable under this Article is final and binding on the parties. The parties understand and agree that filing a grievance concerning a matter properly 60 grievable under this Article constitutes an election of remedies. Any appeal of an arbitrator's decision shall be strictly and solely limited to the following grounds: • that the arbitrator exceeded his/her authority as provided under this Agreement; or • that the arbitrator's decision was procured by fraud, collusion or other unlawful means; or • that the arbitrator's decision represents a clear and manifest error of law. The Association or the City may file an appeal of the arbitrator's decision based on these limited grounds in the District or County Court at Law in Nueces County, Texas. Article 24 APPEALS FROM DISCIPLINARY ACTIONS Section 1. Preemption. The procedures provided herein preempt contrary provisions of the Civil Service Act to the extent of any conflict. Otherwise, the procedures provided in the CSA remain applicable. Section 2. Disciplinary Actions. A. Fire Chiefs Authority. The Fire Chief shall have the authority to suspend, demote or dismiss (indefinitely suspend) a Fire Fighter for violations of civil service rules. The Fire Chief also retains his/her authority to take lesser corrective actions (e.g., reprimands, letters of counseling, performance improvement plans, etc.). Such lesser corrective actions are not considered"discipline" and are not subject to the disciplinary appeal process specified in this Article. Copies of lesser corrective actions will be given to the affected Fire Fighter. The Fire Fighter may reply in a letter of rebuttal within twenty (20) days from receipt of the lesser corrective action and such letter of rebuttal shall become a part of the Fire Fighter's personnel file. B. Allowable Involuntary Suspensions. The Fire Chief may suspend a Fire Fighter for a period of not more than 30 calendar days, or indefinitely. An "indefinite suspension" constitutes a dismissal from the Department. C. Dismissal Creates Vacancy. A dismissal (indefinite suspension) results in the creation of a vacancy. 1. In the case of promotional ranks,the vacancy occurs as of the date of the indefinite suspension. Promotions into the vacancy will follow requirements established by the Civil Service Act. 2. If an indefinitely suspended Fire Fighter's appeal is sustained and the Fire Fighter is then reinstated but the position has been filled, the Fire Chief shall request that a provisional position be temporarily added in that rank for the remainder of the fiscal year in which this occurs. That request may be granted, denied or modified based on the needs and budgetary constraints of the Fire Department and the City. 61 3. Nothing in this section shall be construed to divest or otherwise limit the City's right to implement a reduction in force, as authorized in Section 143.085 of the Civil Service Act. However, if the City implements a reduction in force rather than creating a provisional position, any resulting reinstatement lists will remain in effect for two (2) years unless earlier exhausted. D. Allowable Agreed Suspensions. The Chief may also suspend a Fire Fighter for 31-90 calendar days if the Fire Fighter provides written agreement accepting the suspension, and waiving any and all rights to appeal the agreed suspension. No administrative or judicial body will have the power to review an agreed suspension or alter its terms. However, if the terms of an agreed suspension allow termination for a violation thereof, an arbitrator may decide whether or not a Fire Fighter has violated the terms of the agreed suspension. Section 3. Disciplinary Investigations & Procedures. A. Gov't Code Chapter 614, Subchapter B Not Applicable. The parties agree that the provisions of this Article satisfy Texas Government Code §614.021(b) and render Texas Gov't Code Chapter 614, Subchapter B inapplicable to disciplinary actions undertaken by the Department. B. Investigation Techniques. During the term of this Agreement, the Department's investigations of complaints against Fire Fighters will be conducted following policies and practices currently in effect. If a Fire Fighter is interviewed as part of the investigation, s/he will be notified in advance of the allegations being investigated, and upon request to the Fire Chief or designee,be allowed to have an Association representative present at the interview. C. Notice of Contemplated Action. Prior to taking disciplinary action, the Fire Chief will provide the Fire Fighter a written notice stating the action(s) contemplated and the reasons therefore. The notice will also specify a reasonable deadline by which the Fire Fighter must provide the Chief with any written or oral rebuttal to the charges. D. Written Statement of Charges. After the opportunity for rebuttal has passed, the Fire Chief may demote, suspend or dismiss a Fire Fighter by personally providing the Fire Fighter a written statement of charges. If the Chief is unable, despite due diligence, to secure personal service on the Fire Fighter,s/he may serve the written statement of charges by certified mail,return receipt requested,to the Fire Fighter's last known address. Proof of such service upon the Fire Fighter shall be sufficient to support any disciplinary action. Where service is by certified mail, a copy of the statement will be delivered to the Association. A copy of the statement of charges, along with a copy of the notice of contemplated action, shall be promptly filed with the City's Director of Human Resources. E. Contents of Disciplinary Action Notice. The Fire Chief s written statement of charges shall point out the particular civil service rule(s) alleged to have been violated by the Fire Fighter, and describe the specific act(s) alleged to constitute a violation. Said statement shall inform the Fire Fighter that s/he has 10 days after receipt of the written statement of charges to file a written appeal with the City's Director of Human Resources. 62 F. Time Limit for Disciplinary Action. A Fire Fighter may not be disciplined for alleged violation of civil service rules that occurred more than 6 months prior to his/her receipt of the written statement of charges. Exceptions to this time limit are as follows: • If the Fire Fighter's conduct would constitute a felony,the Fire Chief may take disciplinary action by the earlier of the following dates: (i)within 6 months of discovering the felonious conduct; or (ii) the date the criminal statute of limitations runs. • The Fire Chief may take disciplinary action against a Fire Fighter based upon his actual conviction of a felony within 30 days after the conviction. Section 4. Appeals of Disciplinary Actions to Arbitration. A. Agreement Procedure Governs. Appeals initiated by a fire fighter following a suspension, demotion, or dismissal (indefinite suspension) shall be determined by the arbitration procedure provided in this Agreement, rather than by the Civil Service Commission. B. Initiating Appeal. A Fire Fighter may appeal a disciplinary action by filing a written appeal with the Director of Human Resources. To be considered timely, the appeal must be filed: • Within 10 days of receipt of the written statement of charges, if they are delivered personally; or • Within 13 days from the date of mailing, if alternate service by certified mail was made. In either case, if the last day for appeal falls on a Saturday, Sunday, or City-observed holiday, the deadline shall be extended to the first day thereafter that is not a Saturday, Sunday, or a City-observed holiday. C. Selection of Arbitrator to Hear Appeal. One (1) arbitrator selected in the following manner will hear Fire Fighter appeals of suspensions, demotions and dismissals. Upon receiving a Fire Fighter's written appeal, the Director of Human Resources, or designee will immediately notify the Association and Fire Chief of the appeal to arbitration. The Fire Fighter and City (the parties) shall attempt to mutually agree on an arbitrator. If they fail to agree within 14 calendar days after the appeal is filed, the Director, or designee, shall immediately request a list of 7 qualified neutrals from the American Arbitration Association(AAA).The parties may mutually agree on one(1)of the 7 arbitrators. If they cannot do so within 5 working days after receiving the list, they will select an arbitrator by alternately striking the names on the list. The parties shall flip a coin in front of the Director, or designee to determine who strikes first. The last name remaining shall be the arbitrator. The parties will promptly notify the AAA of the arbitrator's selection. The AAA will notify the chosen arbitrator who, together with the parties' representatives, will select a time, place and date for the arbitration hearing. D. Hearing Date. The arbitrator and parties will confer to select a mutually agreed hearing date to occur within 60 days of the arbitrator's selection. The arbitrator will resolve any conflicts concerning establishment of a hearing date.If the arbitrator cannot make him/herself available to conduct the hearing within 60 days,either party may request selection of a new arbitrator within 2 days of learning that fact. In such case,the Director will request a new list of 7 arbitrators from AAA, and the parties will 63 alternately strike from the new list in the manner set forth in Subsection C.The hearing will be scheduled to take place on consecutive days (excluding weekends and City-observed holidays)without break. E. Hearing Transcript. An official stenographic transcription of the proceedings shall be made only upon written agreement of the parties prior to the commencement of the hearing, and the cost of the transcript will be shared equally. If there is no agreement on this point, a party desiring to do so may have a transcript made at that party's sole expense. However, in that case, the arbitrator will determine whether s/he will receive a copy of the transcript. If the party not ordering the transcript wishes to have a copy,that party will have to obtain and pay for the copy through the court reporter who prepared the official stenographic transcription. F. Pre-Hearing & Hearing Procedures. The following rules shall govern the conduct of hearings and certain preliminary matters: (1) Upon request of either party addressed to the opposing party at least two (2) calendar weeks prior to the hearing date, the parties shall exchange the names of witnesses they expect to call at the hearing. Except for true rebuttal witnesses whose testimony could not reasonably have been anticipated, the arbitrator may exclude the testimony of a witness that a party failed after timely request to identify. (2) The parties are responsible for any cost necessary to secure the presence of their witnesses at hearing, except that the Fire Department will make subpoenaed Fire Fighters who are scheduled to work available to testify. (3) The arbitrator shall have the power to subpoena witnesses, records, and other evidence.At least 2 calendar weeks prior to the hearing,the party requesting the subpoenas shall prepare the subpoenas and ask the Arbitrator to sign them. Each party will be responsible for serving its subpoenas upon witnesses. Either party may request that the Arbitrator quash subpoenas issued at the request of the other. (4) The burden of proof shall be upon the City to establish the facts by a preponderance of the evidence. (5) The parties,in writing, may request discovery from each other before the hearing. A party's failure to provide requested information within 2 calendar weeks of the request will be deemed a denial of the discovery request. The requesting party may then petition the arbitrator to order such discovery as appropriate to the nature of the case. In considering the application, the arbitrator shall consider the burden and expense of producing the information, the need of the requesting party, the amount of time available prior to the hearing, and such other matters as s/he may deem material. The arbitrator's decision as to appropriate discovery will be final. In no event shall discovery be permitted to delay the hearing, and in no event shall discovery be requested within 5 calendar weeks prior to the hearing. (6) Upon request of either party addressed to the opposing party at least two (2) calendar weeks prior to the hearing date, the parties will exchange documents they intend to use as exhibits at the hearing. A party's failure to disclose an exhibit at this time will preclude its use at hearing, unless the document is used as a rebuttal exhibit, and its use at hearing could not reasonably have been anticipated. (7) All hearings shall be open to the public unless the parties expressly agree otherwise in writing. In any event, the final decision of the arbitrator shall be public, although public announcement may be reasonably delayed upon request of the parties. 64 G. Arbitrator's Authority. The Arbitrator shall have all powers vested in the Civil Service Commission under the Civil Service Act, and the Commission's rules governing demotions, suspensions and discharges,but shall have no power to amend such rules.Unless otherwise stated in this Agreement, the provisions of this Agreement control over conflicting provisions of the Civil Service Act and Civil Service Commission Rules. H. Arbitrator's Award. The arbitrator shall render an Award within 30 days of the close of the hearing. Post-hearing briefs must be mailed to the arbitrator within seven (7) days of the close of hearing. The arbitrator's Award shall state which particular factual charges s/he finds to be true, if any, and the particular rules s/he finds such conduct to have violated, if any. Where some or all charges are upheld,the Award shall state whether the discipline imposed is upheld, or whether some lesser discipline is substituted.A Fire Fighter shall be entitled to recover back pay for any part of a suspension not upheld by the arbitrator. L Arbitration Expenses. Except as regards the expenses of subpoenas, the City and Fire Fighter shall share equally the fees and expenses of the AAA and arbitrator. Section 5. Judicial Appeals. With respect to dismissals,temporary suspensions and demotions,the City and Fire Fighter may appeal the arbitrator's Award to district court on the same grounds s/he is given in the CSA to appeal the Civil Service Commission's decision, and no greater right. Section 6. Agreed Modifications of Contractual Time Periods. Any deadlines or time periods set out in this Agreement with respect to disciplinary proceedings may be modified only by written agreement of the parties. However, neither party may be compelled to waive his/her/its right to insist upon the deadlines and time restrictions provided by this Agreement. Article 25 SEVERABILITY If any article or section of this Agreement is found to be invalid,unlawful, or unenforceable by a judicial ruling or by any existing or subsequently enacted legislation, or the common law, all remaining articles and sections of this Agreement shall remain in full force and effect for the duration of the Agreement. 65 Article 26 NEGOTIATION OF SUCCESSOR AGREEMENT Section 1. Association Negotiating Team; Paid Time Off. Four(4)members of the Association's negotiating team(excluding alternates), or a number equal to the size of the City's negotiating team, if larger (excluding alternates) shall be paid as follows for mutually-scheduled negotiation sessions: • They will be allowed paid time off to attend agreed negotiation sessions that occur during their regularly scheduled work hours. • They will receive compensatory time off in an amount equal to the number of non-duty hours spent at the negotiation session, limited to a maximum of ten (10) hours per negotiation session. Hours granted under this section are not considered hours worked for purposes of overtime accrual under the F.L.S.A. and this Agreement. The time off must be scheduled and approved by the Fire Chief or his/her designee at least one (1) shift before it is used. Section 2. Bargaining Period. Negotiations for a new collective bargaining Agreement shall commence in accordance with Chapter 174 of the Texas Local Government Code, except as modified by this Agreement. The parties shall commence negotiation for a successor agreement on an agreed date occurring no less than 180 days prior to expiration of the Agreement. The bargaining period will last 60 days from the date of the first negotiation session, and may be extended for specified periods thereafter by mutual written agreement. Negotiations will be considered at impasse if the parties fail to reach agreement on a successor agreement by the end of the initial bargaining period and any agreed extensions. However, neither party will insist to impasse upon a permissive subject of bargaining. Upon impasse, either party may invoke the Impasse Procedure set forth in Article 27 of this Agreement. Section 3. Designated Bargaining Representatives. Both the City and the Association are entitled to select persons to serve as designated members of their respective bargaining teams, and to represent them in grievances, arbitrations, and other proceedings. However, the City will not select a Fire Fighter holding a rank below Assistant Chief to represent the City, and the Association will not select any Fire Fighter holding a rank above Battalion Chief to represent the Association and bargaining unit employees. Section 4. Duty to Bargain in Good Faith. All collective bargaining negotiations shall be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither the City nor the Association shall make any effort to bypass the designated bargaining representatives of the other party during the collective bargaining process for a new contract. The obligation imposed by this section is the same as 66 the duty to bargain in good faith set forth in Texas Local Gov't Code §174.105. Should either party contend the other is violating such duty,the parties shall convene as soon as possible with the assistance of a mutually agreed upon and neutral mediator to resolve the dispute. Should mediation fail to resolve the dispute, either party is free thereafter to seek legal recourse to remedy a claimed violation. The negotiation period will be suspended during the time period for mediation and,if legal recourse is sought, for the time period necessary to seek temporary injunctive relief. Thereafter, negotiations will resume, subject to any affirmative orders from the Court on how to proceed. Article 27 IMPASSE PROCEDURE Section 1. Dispute Conference. A. Impasse. Negotiations for a new Agreement shall commence in accordance with the FPERA and Article 27 of this Agreement. An impasse occurs if the parties have reached the end of the bargaining period and any agreed extensions without complete agreement on a successor agreement. Neither party will insist to impasse upon a permissive subject of bargaining. B. Dispute Conference. The parties' bargaining teams will meet within 14 calendar days after impasse occurs to identify items remaining in dispute. All issues about which proposals were made on mandatory subjects of bargaining, but no agreement was reached,will be considered disputed issues.At the conference,either party may also place any tentative agreements reached during the bargaining period back into dispute by offering new proposals as to those issues. However, any tentative agreements that are not placed back into dispute by either or both parties will become part of the successor agreement resulting from use of the impasse procedure described in this Article. At the end of the Dispute Conference, the parties will produce an agreed list of Disputed Issues of mandatory subjects of bargaining. Only upon mutual agreement will a permissive subject of bargaining be included on an agreed list of Disputed Issues. C. No New Issues Allowed. Neither party is allowed at the Dispute Conference or throughout the rest of this Impasse Procedure to add to the Disputed Issues list any new issues that were not included in either or both parties' proposals during the bargaining period. Section 2. Optional Mediation After Impasse. At the Dispute Conference, the parties may mutually agree to utilize a mediator to assist them in resolving the disputed issues. If either party objects,mediation will not occur and the parties will proceed directly to Fact-finding. Mediation, if it occurs, shall extend for no more than 14 calendar days after the Dispute Conference, unless that mediation period is extended by mutual agreement. The function and 67 powers of the mediator shall be as specified in FPERA Section 174.151. Any disputed issues resolved in mediation will be removed from the Disputed Issues list. Section 3. Fact-finding. A. Selection of Fact-Finding Board. If mediation does not occur, or is unsuccessful in producing a successor agreement, the parties shall submit the dispute to a three-member Fact Finding Board,who will be selected in the following manner. Each party will select a Fact-finder, and those two Fact-finders will select a third neutral Fact-finder. B. Payment of Fact-finders and Other Expenses. The fees and expenses of the neutral Fact-Finder shall be split equally between the City and the Association. Each party will pay the fees and expenses of the Fact-Finder they select. All other expenses, including but not limited to witness fees, shall be paid by the party incurring the expense or calling the witness. C. Issues for Fact-Finding Board Consideration.The issues for consideration by the Fact- finding Board will be all remaining issues on the Disputed Issues list. The parties must present the Fact-Finding Board with a package proposal consisting of the disputed issues for the Fact-Finding Board to consider. The parties may modify their proposals on the remaining Disputed Issues at this time, but must provide the other side a copy of the package proposal they intend to submit to the Fact-Finding Board at least 14 days in advance of the Fact-Finding hearing. Absent mutual agreement, only mandatory subjects of bargaining may be submitted to the Fact-Finding Board for consideration. D. Scheduling the Fact-Finding Hearing. The Fact-Finding Board will confer with the parties to schedule a mutually agreed hearing date to occur within 60 days after the Board has been selected. If the Fact-finding Board is not available to conduct a hearing within that time period, either party may request that that the unavailable Fact-finder be selected using the selection method set out in Subsection A above. E. Conduct of the Fact-finding Hearing. The Fact-Finding Board will conduct a full and fair hearing on the Disputed Issues submitted as a package proposal from each party. The hearing will be informal and strict rules of evidence shall not apply. A stenographic transcription of the Fact-finding hearing will be made, and will include all testimony and exhibits introduced by the parties and accepted by the Fact-Finding Board. The cost of producing the transcript will be borne equally by the parties. The Fact-Finding Board may request testimony and other evidence in addition to that offered by the parties. If either party requests, the Fact-Finding Board shall allow submission of post-hearing briefs no later than 14 days following the close of evidence. Rebuttal briefs will not be allowed. F. Factors Affecting the Fact-Finding Board's Recommendation. In making findings of fact and recommendations, the Fact-Finding Board shall consider the following: • evidence submitted to it by the parties or obtained at its direction; 68 • overall total compensation in the current Agreement, including both direct salary and fringe benefits; • income available to the City and demands on that income; • total compensation, hours, and conditions of employment of other public and private employees performing similar services in public and private employment in communities deemed comparable to Corpus Christi by the Fact-finding Board; • total compensation,hours and conditions of employment of all employees of the City of Corpus Christi; • the equity of the total compensation plans within the City of Corpus Christi; • the hazards of employment, physical, educational, and mental qualifications, job training and skills required of a Corpus Christi Fire Fighter; • the cost of living in Corpus Christi relative to communities deemed comparable by the Fact- Finding Board; • the rate of increase in the cost of living for the period covered by the preceding Agreement using localized data to the fullest extent feasible; and • concessions and tentative agreements made by both parties during the collective bargaining negotiations. G. Fact-Finding Board's Recommendation. After consideration of all evidence offered at the Fact-Finding hearing, the Fact-Finding Board shall render a written decision making findings of fact and recommendations as to each Issue in the submitted package of proposals. In the Recommendation,the Fact-Finding Board shall exercise its independent judgment and shall not "split the difference." The Fact-Finding Board will recommend adoption of one (1) party's proposal as to each Issue, no splitting the baby, and explain the rationale behind the recommendations on each Issue. The Fact Finding-Board's decision, which is advisory only, shall be submitted to the City Council and to the Association within 14 days after the hearing, or receipt of the parties' post-hearing briefs. H. Party Meeting on Fact-Finding Board's Recommendation. The City and Association will make a sincere and earnest effort to resolve the Disputed Issues through the fact- finding process. Within 14 calendar days after receiving the Fact-Finding Board's Recommendation, the parties' representatives will meet and try to reach agreement on each Disputed Issue. Those issues agreed upon will be removed from the Disputed Issues list. Any remaining Disputed Issues will be advanced to binding arbitration. Section 4. Binding Arbitration. If a successor agreement is not reached at the Party's Meeting on the Fact-Finding Board's Recommendation, the parties will advance remaining Disputed Issues to binding arbitration in the form of a package proposal (last best final offer). Absent mutual agreement, only mandatory subjects of bargaining may be submitted to Arbitration for consideration. The parties may modify their proposals on the remaining Disputed Issues at this time, but must provide the other side a copy of the package proposal they intend to submit to the Arbitrator within 14 days after the meeting referred to in Section 3.H. The parties' representatives will meet and discuss with each other the package proposal that each 69 shall present to the Arbitrator within 10 days after receiving each other's package proposal. Any final modifications to the parties' packages will be made at this meeting. The arbitration shall be considered by a board of three (3) arbitrators, one (1)selected by each party and a neutral selected by the chosen arbitrators. The parties will meet within 14 calendar days after selecting the Arbitration Board to identify those portions of the Fact-finding transcript and exhibits to place before the Arbitration Board, and will compile an Appendix containing all such information requested by either. Within 14 days after the Appendix is identified, the parties will send to the Arbitration Board a joint submission containing the following: 1. The Appendix; 2. Each party's package proposal on all remaining Disputed Issues; and 3. Post-Hearing Briefs. The City's Director of Human Resources will be responsible for assembling and providing to the Arbitration Board the parties' joint submission, and will simultaneously provide both parties' representatives a copy of the joint submission. Within 20 days after receipt of the parties' joint submission, the Arbitration Board shall conduct a full and fair hearing over the parties' final package proposals. The hearing will be informal and strict rules of evidence shall not apply. A stenographic transcription of the Arbitration Board hearing will be made, and will include all testimony and exhibits introduced by the parties and accepted by the Arbitration Board. The cost of producing the transcript will be borne equally by the parties. The Arbitration Board may request testimony and other evidence in addition to that offered by the parties. The Arbitration Board may also request post-hearing briefs at its discretion. The hearing will not be closed until the receipt of the post-hearing briefs, if requested. The Arbitration Board shall issue a binding decision selecting the package proposal of one (1) party or the other within 20 days of the close of the hearing. The parties will be bound by the Arbitration Board's decision as to the remaining Disputed Issues to the extent permitted by Texas law and the requirements of this Agreement, and may appeal that decision only on the basis that the Arbitration Board's decision constituted an abuse of discretion, did not follow the requirements of this Agreement, or the arbitration award is not supported by legally sufficient evidence on the whole record. The decision of the Arbitration Board shall resolve the issues for the Agreement period/duration and will not be binding beyond the term of the Agreement period/duration. Section 5. Resulting Successor Agreement. Within 7 calendar days after receipt of the Arbitration Board's decision, the parties will execute a successor agreement consisting of the following: • Any agreements reached during bargaining, mediation, or fact-finding; and • The package proposal on remaining Disputed Issues selected by the Arbitration Board. Article 28 NO STRIKE,NO LOCKOUT 70 Fire Fighters will not engage in any strike, work stoppage or slowdown during the term of this Agreement. The City will not lock out Fire Fighters during the term of this Agreement. Article 29 MISCELLANEOUS Section 1. Amendments to this Agreement. The Association and City, may by mutual agreement, negotiate possible changes in the Agreement during its term. Such negotiations shall be set at the convenience of both parties. Except as specified otherwise herein,proposed amendments to the Agreement must be agreed upon by both parties and ratified in the same manner as this Agreement. Section 2. Rulings and Records of Civil Service Commission. All rules,opinions,directives,decisions,and orders issued by the Civil Service Commission shall be preserved in written minutes.Actions taken need not be copied verbatim as long as they are accurately summarized in the minutes. The Commission's Chair or, in his/her absence, the Vice-Chair, shall sign the minutes. The signatures of the members concurring in the taking of any action shall not be required. The Commission may, if it desires, cause any rules, decisions, directives, or orders to be reduced to writing apart from the minutes.All written records of the Commission shall be considered public records. The City will notify the Association of any items on the Commission's agenda that may affect Fire Fighters and/or the Department. Section 3. Labor-Management Relations Committee. Recognizing that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, the City and Association agree to jointly maintain a Labor-Management Relations Committee (LMRC). Each party will designate its LMRC representatives. The LMRC shall meet at mutually agreed times on a quarterly basis, and may meet at other times at the request of either party. The LMRC may discuss any problems pertaining to the employment conditions of Fire Fighters and recommend solutions to the Fire Chief or the City. Section 4. Identification Cards. The City shall furnish each Fire Fighter an identification card bearing the Fire Fighter's name, photograph, rank, and employee number. The card will also contain a space for the Fire Fighter's signature. Article 30 DRUG&ALCOHOL TESTING Section 1. Drug Testing Policy & Procedure. 71 The City and Association mutually recognize that Fire Fighters are called to respond to emergency and hazardous situations without notice, and that it is essential to the interests of the City,its citizens, and Fire Fighters themselves to ensure that Fire Fighters are not substance-impaired. To that end, the City and Association agree to drug and alcohol testing as outlined in the Fire Department's Alcohol & Drug Policy, appended to this Agreement as Appendix "D". No changes to this policy will be made during the life of this Agreement except by mutual agreement of the City and Association. Section 2. Selection for Random Drug Testing. Fire Fighters will be selected for random drug testing on a fair and impartial statistical basis using a computerized program operated and certified as non-discriminatory by an independent firm hired by the City. Fire Fighters will be tested promptly upon being selected by the computer. The Fire Chief will be included in the random testing process. Section 3. Discipline for Drug,Alcohol Violations. Discipline shall be in accordance with the Fire Department's Alcohol & Drug Policy and the Civil Service Commission's Rules and Regulations. Article 31 DEPUTY CHIEFS &ASSISTANT CHIEFS Section 1. Deputy Chiefs. The rank immediately below the Fire Chief rank is currently classified as Deputy Chief. Pursuant to Section 143.014 of the Civil Service Act, each person occupying a Deputy Chief position, as authorized by the City Council,shall be appointed by the Fire Chief at his/her discretion. Persons eligible to be appointed as Deputy Chiefs are limited to those Fire Fighters in the Assistant Chief or Battalion Chief ranks. Section 2. Assistant Chiefs. The rank immediately below the Deputy Chief rank is currently classified as Assistant Chief. Persons eligible to be appointed to the rank of Assistant Chief are limited to those Fire Fighters in the Battalion Chief rank. Section 3. Number of Appointments to Deputy and Assistant Chief. The Parties understand that it is the intention of the Fire Department to request additional positions for a reorganization of the Department. This request will be presented to City Council for Fiscal Year 2025. In the event that this request is granted, then during the term of this Agreement, the Fire Chief may have no more than five (5) appointed Deputy and Assistant Chiefs. All other Assistant Chief positions will be filled by competitive examination in accordance with the CSA and this Agreement. The Assistant EMS Director appointment is in addition to these five (5) appointments. Any 72 Firefighter appointed by the Fire Chief to the Deputy or Assistant Chief rank, serves at the pleasure of the Fire Chief. A Firefighter who is removed from the appointed position shall be reinstated in the same rank that the person held before appointment. The Firefighter retains all rights of seniority in the Department. In the event that this request is denied,the Parties agree that during the terms of this Agreement,the Fire Chief may have no more than three (3) appointed Deputy and Assistant Chiefs. All other Assistant Chiefs positions will be filled by competitive examination in accordance with the CSA and this Agreement. Section 4. Salary of Deputy Chief and Assistant Chiefs. The Deputy Chief and Assistant Chiefs shall be compensated under the City's Managerial Pay Plan. Article 32 EMERGENCY MEDICAL SERVICES Section 1. Certification Requirements. A. Fire Fighters Hired on or before May 31, 1985. 1. Fire Fighters hired on or before May 31, 1985, need not maintain Paramedic or Emergency Medical Technician (EMT) certification. 2. Fire Fighters hired on or before May 31, 1985, who voluntarily obtained Paramedic or EMT certification and thereafter promoted to Firefighter II-EMS must maintain their certification while remaining in the Firefighter II-EMS rank. However,they may allow their certification to lapse if promoted to Firefighter 11-Driver or above. 3. After five years of continuous ambulance service,Fire Fighters hired on or before May 31, 1985 may, upon request, voluntarily demote from Firefighter II-EMS to Firefighter I, and will no longer be used for ambulance duty. Thereafter, they may not be required to maintain Paramedic or EMT certification. B. Fire Fighters Hired between June 1, 1985 and December 31,2005. 1. Fire Fighters hired between June 1, 1985, and December 31, 2005, must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for a minimum of eight full years as a condition of employment.A Fire Fighter who loses Paramedic certification prior to completing 73 the eight-year requirement will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Any time period without certification will not count towards the minimum eight full year requirement. Absent mitigating circumstances, failure to re-certify within 12 months after losing certification shall constitute grounds for discharge. 3. Fire Fighters who have maintained Paramedic certification for a minimum of eight full years are not thereafter required to maintain Paramedic or EMT certification. 4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90 calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re- certify within 90 days will be permanently demoted to the rank of Firefighter L However,the Fire Fighter will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter II-EMS if s/he thereafter obtains recertification as a Paramedic. C. Fire Fighters Hired between January 1, 2006 and July 31,2016. 1. Fire Fighters hired between January 1, 2006 and July 31, 2016 must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for a minimum of eight full years. A Fire Fighter who loses Paramedic certification prior to completing the eight-year requirement will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Any time period without certification will not count towards the minimum eight full year requirement. Absent mitigating circumstances, failure to re-certify within 12 months after losing certification shall constitute grounds for discharge. 3. Fire Fighters who have maintained Paramedic certification for a minimum of eight full years are not thereafter required to maintain Paramedic certification. However, they must maintain certification at the EMT-B level or higher for the entirety of their tenure in the Department as a condition of employment. Failure to do so will result in discharge. 4. A Fire Fighter II-EMS who fails to maintain Paramedic certification will be temporarily reassigned to Firefighter I duties immediately upon loss of certification, and will have 90 calendar days from the date s/he lost certification to re-certify. A Fire Fighter II-EMS who fails to re- certify within 90 days will be permanently demoted to the rank of Firefighter I.However,the Fire Fighter will retain any seniority earned in the Firefighter II rank and will be eligible for promotion to Firefighter II-EMS if s/he thereafter obtains recertification as a Paramedic. D. Fire Fighters hired on or after August 1, 2016. 74 1. Fire Fighters hired on or after August 1,2016 must obtain Paramedic certification within 28 months from their date of employment as a condition of employment. Absent mitigating circumstances, failure to obtain Paramedic certification within 28 months shall constitute grounds for discharge. 2. Fire Fighters must maintain Paramedic certification for the entirety of their tenure in the Department as a condition of employment. A Fire Fighter who loses Paramedic certification will be granted twelve calendar months from the date s/he lost certification to regain Paramedic certification. Absent mitigating circumstances, failure to re-certify within 12 months after losing certification shall constitute grounds for discharge. Section 2. EMS Ambulance Rotation Requirements,Exceptions & Moratorium. A. Ambulance Rotation Requirement. All Paramedic-certified Fire Fighters in the ranks of Fire Fighter I and Fire Fighter II- EMS are required to participate in ambulance rotations as a condition of employment. Absent exigent circumstances,failure of these Fire Fighters to participate in the ambulance rotation without the available exceptions provided for in this Agreement may result in discipline up to and including discharge. B. Exception for Fire Fighter I. Fire Fighter I's who have been Paramedic-certified and have participated in ambulance rotations for nine (9) years may request in writing to be removed from the ambulance rotation and thereafter will be assigned to ambulances only during extreme conditions or emergencies. The Fire Chief may temporarily deny such requests as allowed in Subsection D of this Section. C. Exception for Fire Fighter II-EMS. A Fire Fighter II-EMS may request in writing to voluntarily demote to Fire Fighter I, and to be assigned to ambulances only during extreme conditions or emergencies, in the following circumstances. • Service as a Fire Fighter II-EMS for five (5) years; or • Service in the ambulance rotation for a combined total of nine (9) years as a Fire Fighter I and Fire Fighter II-EMS. The Fire Chief may temporarily deny such requests as allowed in Subsection D of this Section. D. Moratorium on Use of Exceptions to Ambulance Rotation Requirement. 1. The City will first use Fire Fighters in the rank of Fire Fighter II-EMS to achieve needed ambulance staffing, but may use eligible Fire Fighter I's as needed if there are not sufficient Fire Fighter II-EMS's available. 75 2. For purposes of determining when the Fire Chief may declare a moratorium on the ability to use the exceptions provided by Subsections B and C of this Section,the following formula, based on EMS-eligible Fire Fighter I's and Fire Fighter II-EMS's, will be used. • [12 x # of ambulances] + [1.5 x number of ambulances (rounded to the next highest whole number)] = critical number [C] needed to staff ambulances • 15 x # of ambulances = acceptable number [A] needed to staff ambulances When the number of EMS-eligible Fire Fighters declines to level C, the Fire Chief may declare a moratorium on the ability to use the exceptions until staffing levels return to level A. 3. The above formula is not a staffing requirement. Section 3. Grandfather Provision. The parties recognize that this Article makes changes to pre-existing rights provided under prior collective bargaining agreements.Fire Fighters who elected to opt out of ambulance rotations as allowed under prior collective bargaining agreements are not subject to loss of that right due to the changes made by this Agreement. Section 4. Matters Related to Failure to Obtain & Loss of Certification. A. Notice to Fire Chief. A Fire Fighter who loses Paramedic or EMT certification must notify the Fire Chief within three days, including Saturdays, Sundays, and City-observed holidays, after the Fire Fighter learns that s/he has lost certification. B. Loss of Certification Pay. Fire Fighters will lose EMT or Paramedic certification pay commencing immediately upon the loss of certification. If authorization to function as a medical care provider is suspended by the Fire Department's Medical Director, the Fire Chief will provide to the Fire Fighter written notice of the steps necessary to regain certification for those Fire Fighters eligible to regain certification pursuant to this Agreement. C. Fire Department Assistance. Upon request of a Fire Fighter who has failed to meet or maintain certification requirements, the Fire Department will make available training materials or tutorial assistance for a minimum of 40 hours. The tutorial or training assistance provided will be based upon the recommendations of the Department's EMS training staff and Medical Director. Only if eligible, the Fire Fighter may be reassigned to a 40-hour workweek to complete the tutorial or training assistance. The Department assumes no responsibility for time and expense incurred should the Fire Fighter desire training other than that offered by the Department. Section 5. Assistant EMS Director. A. Removal from Position. The current Assistant EMS Director, and any successors, serve at the discretion of the Fire Chief, and may be removed from the assignment without cause. If removed from the assignment, the Fire Fighter will be reassigned to a position at the same civil service rank s/he held prior to his/her appointment. 76 B. Employment Conditions. The Assistant EMS Director serves in the position under the following conditions: • Retention of Civil Service status; • Pay and privileges of the appropriate seniority step of the Battalion Chief rank; • Continued accrual of vacation, sick and personal leave, and seniority, as per this Agreement; • Receipt of longevity pay as per this Agreement; • Continued participation in the City's health and life insurance programs as per this Agreement; and • Receipt of$150.00 per month in lieu of paramedic certification pay. C. Procedure for Filling Position if Vacant. The Fire Chief may fill vacancies in the Assistant EMS Director position by appointment. To be eligible for appointment, a Fire Fighter must be: (i) a Battalion Chief or Captain who is eligible to take the Battalion Chief Exam; and (ii) a certified Paramedic. A person appointed from the rank of Captain is not eligible for promotion to the rank of Assistant Chief by virtue of his/her appointment to the Assistant EMS Director position. However,if the position is appointed from the rank of Captain, the Assistant EMS Director may participate in the Battalion Chief assessment in order to become eligible for future promotion. Section 6. Temporary Reassignments -Firefighter II-EMS. A. Entitlement. A Firefighter II-EMS who is regularly assigned to EMS will,upon request, receive temporary reassignment to non-EMS duties for up to two pay periods each six months. B. Pay/Rank. During these voluntary reassignments, the Fire Fighter will be paid only at the maximum Firefighter I rate for the performance of Firefighter I duties. However,the reassigned Fire Fighter will continue to hold his/her Firefighter 11 rank and will be entitled to all other rights and privileges of that rank. C. Scheduling. Scheduling of a temporary reassignment shall be at the reasonable discretion of the Fire Chief. Article 33 PROMOTIONAL BYPASSES Section 1. Involuntary Promotional Bypass. A. Involuntary Bypass.A Fire Fighter on a promotional eligibility list may be bypassed by the Fire Chief for a valid reason. The Fire Chief will provide his/her reasons for the bypass to the Fire Fighter in writing. 77 B. Effect of Involuntary Bypass.The name of a Fire Fighter who is involuntarily bypassed will be returned to its place on the promotional eligibility list. A Fire Fighter who is bypassed three (3) times without successful appeal will have his/her name removed from the promotional eligibility list. C. Right to Appeal. The Fire Fighter who is involuntarily bypassed for promotion may appeal the bypass decision to arbitration. The Fire Fighter's written appeal shall be filed with the Director of Human Resources within 10 calendar days after his/her receipt of the written bypass notice. If the IOth day falls on a Saturday, Sunday, or City-observed holiday, the appeal deadline shall extend to the next day that is not a Saturday, Sunday or City-observed holiday. D. Appeal Procedure and Expenses. The Fire Fighter's appeal shall be decided by one (1) arbitrator chosen in accordance with the arbitrator selection procedure provided for in the disciplinary appeals procedure in this Agreement. All pre-hearing and hearing procedures provided for in the disciplinary appeals procedure by this Agreement will be followed for appeals under this Section. Except for fees and expenses associated with subpoenas, the City and the Fire Fighter shall share equally the fees and expenses of the arbitration. E. Judicial Appeals. Either the City or the Fire Fighter may appeal an adverse decision to district court,but only upon the grounds listed in Section 143.0570) of the Civil Service Act. Section 2. Voluntary Promotional Bypass. A Fire Fighter selected for promotion from a promotional eligibility list may be allowed to decline the position offered, subject to the discretion of the Fire Chief, reasonably exercised, based on the availability of other eligible candidates and the needs of the Fire Department. If voluntary bypass is accepted, such decision will not affect the Fire Fighter's place on the list. However, a Fire Fighter who voluntarily declines promotions three (3) separate times as per the Civil Service Commission Rules and the CSA, will have his/her name removed from the promotional eligibility list. Article 34 COMPLETE AGREEMENT/PAST PRACTICE Section 1. Complete Agreement. This document constitutes the sole and complete agreement between the parties. It supersedes all prior oral or written agreements or understandings between the parties except for those protected by the express provisions of this Agreement,including those protected by Section 2 and 3 of this Article.During the term of the Agreement neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this Agreement, or any specific obligation to negotiate that is specifically provided in this Agreement. Section 2. Past Practice. 78 During the term of this Agreement,except as authorized in Section 3 below,the parties recognize that some employment conditions not specifically identified in this Agreement,to the extent they involve mandatory bargaining subjects, may be protected by the established past practice of the parties. The Association shall have the burden of proof to establish the existence of the claimed past practice by a preponderance of the evidence. However, nothing in this Agreement waives any defenses or exceptions the City may have to a past practice claim. Section 3. Limited Exception to Past Practice The City may change those employment conditions otherwise protected by Section 2 above if they are demonstrated, in accordance with this Section, to materially interfere with the operation of the Department. Any such changes must be made in good faith, must not be greater in scope than is necessary to protect the affected Department operations, must be reasonable and not discriminatory, must be reasonably related to the safe and orderly operation of the Fire Department, and must not conflict with any state or federal law, governmental regulation, or provision of this Agreement. With the exception of an emergency or extreme condition, Department management will provide the Association with reasonable notice and an opportunity to discuss any changes made under this Section prior to its implementation. Article 35 CONFLICT WITH CIVIL SERVICE The parties agree that Texas Local Gov't Code §174.006 authorizes the parties to alter a "state or local civil service provision" through collective bargaining. To the full extent authorized by §174.006, the parties agree that the provisions of this Agreement shall preempt those portions of any state statute, executive order, local ordinance, or rule with which they specifically conflict only to the extent of such conflict; remaining portions of such provisions will continue to govern the parties' actions. 79 Article 36 CONCLUDING PROVISION IN WITNESS WHEREOF,we have executed this agreement this day of , 2024 CITY OF CORPUS CHRISTI CORPUS CHRISTI PROFESSIONAL FIREFIGHTERS ASSOCIATION, LOCAL 936 Peter Zanoni, CITY MANAGER Johnny Stobbs, PRESIDENT Michael Rodriguez,DEPUTY CITY MANAGER ATTEST: City Secretary APPROVED AS TO FORM: Day of 52024 Assistant City Attorney 80 APPENDIX "A-I" DUES DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct, each pay period,the sum of$ as certified by the International Association of Firefighters, Local 936, as the current rate of dues or an amount as may hereafter be established by the International Association of Firefighters, Local 936, as dues. This deduction is to be forwarded directly to the International Association of Firefighters, Local 936. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward to the Association only those sums actually deducted and will not be liable for damages to me for the failure to deduct any authorized sum for any reason. Signed Date 81 APPENDIX "A-2" SPECIAL ASSESSMENT OR COPE DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO.936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby authorize the City of Corpus Christi to deduct a U special assessment or U COPE deduction in the sum of $ as certified by the International Association of Firefighters, Local Union No. 936. The authorization of this deduction is entirely voluntary on my part. I understand that the City of Corpus Christi will be obligated to forward the Association only those sums actually deducted and will not be liable for damages to me for the failure to deduct any authorized sum for any reason. Signed Date 82 APPENDIX "A-3" TERMINATION OF REGULAR DUES, SPECIAL ASSESSMENT OR COPE DEDUCTION AUTHORIZATION INTERNATIONAL ASSOCIATION OF FIREFIGHTERS, LOCAL UNION NO. 936 Name Employee No. (Last) (First) (MI) Address Zip Code I hereby terminate the authorization previously executed by me for a deduction for the International Association of Firefighters, Local Union No. 936, and request that the City make no further O regular dues, U special assessment or U COPE deductions under said authorization. This termination is entirely voluntary on my part, and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Signed Date 83 APPENDIX `B" Corpus Christi Fire Department Standard operating Guideline/Procedure Standard Operating Procedures 1109.01 Title: Effective Date: Rescinds: Page: Callback Procedures 04/01/2024 84 of 9 Authorized by: Application: Brandon L. Wade, Fire Chief Uniformed Personnel I. Purpose To establish procedures and guidelines for utilizing the Corpus Christi Fire Department callback list. IL Policy These instructions apply to callback situations as applicable. III. Definitions • Administrative Chief— The on-duty Chief for the shift responsible for taking sick calls from operational firefighters and managing the roster to make sure there is adequate staffing and coverage for the shift. • Contacted, Unable — shall indicate a firefighter cannot accept the callback assignment due to previously assigned official department business (i.e., schools, etc.). • Daily Eligibility List — A daily list composed of the top eligible firefighters from the Daily Staffing List. • Daily Staffing List— A list composed of firefighters needed to fulfill the daily staffing levels of normally assigned units. • Emergency Callbacks — A mandatory requirement to report to work in the event of an emergency or other situation as declared by the Fire Chief or their designee. Recognizing that both the citizens and on-duty firefighters at the scene need immediate assistance,the Corpus Christi Fire Department may utilize any means necessary to initiate this assistance. Firefighters called in on an Emergency Callback will not lose their place on any callback list. • Everbridge — An automated notification system used to contact firefighters for emergency and non-emergency events or assignments. • Holdover—A requirement for a firefighter to remain on duty after the completion of their normal shift for the purposes of determining morning staffing levels and completing 84 those assignments. Additionally, a holdover may be used to augment staffing during promotional exams and other short-term assignments. • Home Phone List — A list of firefighters who do not have a cell phone listed in Everbridge. • Leave — A firefighter is off work due to any scheduled leave including sick, vacation, personal, Kelly, injury, business, or other approved scheduled leave. • Refused— The firefighter cannot report to work for personal reasons and the firefighter is not on an approved leave as defined above. • Special Events Callback — Planned and/or anticipated events that allow the Corpus Christi Fire Department adequate time for scheduling or daily staffing vacancies that occur. • Special Events List— A list composed of firefighters to fill positions for planned events or vacancies that occur after 0800 roll call, except as outlined in Article VI. General Guidelines, Section C. IV. Responsibility A. It shall be the responsibility of the Fire Chief, or their designee, to ensure that this policy is adhered to when initiating a callback. B. Corpus Christi Fire Department personnel have the responsibility and duty to report to work when contacted and advised that an emergency exists or has been declared by the Fire Chief or their representative. C. The Fire Chief shall be notified if a firefighter refuses or fails to respond to duty as ordered for an emergency callback. D. Failure of an employee to respond to a callback during an emergency without being excused by the Fire Chief, or their designee, may result in disciplinary action being brought against the employee. V. Callback Lists A. A callback list will be created for "Special Events" and a separate list for "Daily Staffing". B. A firefighter's position on the Special Events List will not affect their position on the Daily Staffing List and vice versa (i.e.,A firefighter is called back for a parade for three hours and consents to work. They will remain in their position on the Daily Staffing List.). VI. General Guidelines A. Each callback list shall include the name, rank, certifications, (EMT, Paramedic, etc.), and qualifications (Rescue, Hazmat, etc.) of all members of the shift. Firefighters who do not wish to be assigned to the Special Events List, shall notify the Fire Chief in writing. 85 B. Each callback list shall contain the firefighter's telephone number that they request to be contacted by. Home or cell phones are permissible. Pagers are not permissible. C. Firefighters shall be called back in numerical order from the first position on a callback list to the last position on the list. Vacancies occurring before 0830 will be filled by attempting, in order: 1. To call back a firefighter on the Daily Eligibility List who has remained at their station. 2. Calling back an OT eligible firefighter that is holding over at the station where the vacancy has occurred. 3. By calling back a firefighter off the Special Events List to complete the shift at the station in which the vacancy has occurred. a. If using the Special Events List, it will be accomplished by calling back the first firefighter on the list who is able to fill a position in the station in which the vacancy occurs,which will be a firefighter who can work at the station where the vacancy has occurred without working down in rank, except as outlined below in Article VI. General, Guidelines Section I. D. Once a firefighter has been called back and works overtime, or declines a Special Events Callback, their name shall be placed in the last numerical position on the applicable list. E. A firefighter reassigned to another shift shall be added to the Callback List for that shift in the same numerical position held on the list before reassignment. 1. If more than one such firefighter is reassigned with the same numerical position on the applicable callback list, placement shall be by lot. 2. A probationary firefighter will be placed in the last numerical position on the applicable callback list for their assigned shift, provided that placement order at the bottom of the list shall be by lot. F. For callbacks that require staffing by specific rank, certification, or qualification, only firefighters on the applicable callback list who possess the needed rank, certification, or qualification shall be eligible for the callback. G. For EMS callbacks, Firefighter I Paramedics, FFII EMT, and EMT-Ps assigned to EMS are qualified as per Article 32, Section 1 of the Collective Bargaining Agreement shall be considered eligible. Firefighter I Paramedics who have served five years as a FFII EMS will not be called back for EMS staffing. Medic unit staffing shall include at least one Paramedic. H. To facilitate callbacks requiring the use of EMS certified personnel, a code shall be placed next to the rank of each firefighter on the list. 1. A "P" shall designate Firefighter I and Firefighter II EMS personnel who are qualified as per Article 32, Section 1 of the Collective Bargaining Agreement. In addition, FFIs who have previously served five years as a FFII EMS will not be required to work an EMS callback and will not have a"P" designation. 86 I. FFII EMS personnel routinely perform fire suppression duties in addition to EMS duties. For purposes of this policy, FFII EMS personnel shall be utilized in either position. J. Personnel who are not immediately available to answer the telephone will not be considered "unable to contact". K. Firefighters who are on sick leave will not be eligible for overtime until reporting back to duty or to other scheduled leave (i.e., vacation, Kelly, PL, etc.). Firefighters who are contacted while on vacation, Kelly day, or personal leave may reject a Special Event Callback without being dropped to the bottom of the list. VIL Daily Staffing Guidelines A. This procedure will be used when the Fire Chief, or their designee, determines it is necessary to utilize the callback list to maintain the daily staffing needs of the department. This list shall be a separate list from the Special Events List. B. To maintain daily staffing levels, this procedure will utilize personnel in their numerical order on the Daily Staffing List, not rank for rank. The Fire Chief's designee will make every attempt to utilize the list in numerical order, except in situations where the firefighter would be required to perform in a lower rank as noted in Article VI. General Guidelines, Section I. C. It is the responsibility of each firefighter to be adequately prepared to immediately report to duty when called back for Daily Staffing. If the firefighter is unable to immediately report to duty at the assigned station upon being properly relieved, then the firefighter shall be considered to have refused and their name shall be placed at the bottom of the Daily Staffing List. D. Firefighters who are called in for an overtime assignment must report to and complete the assignment in person. Firefighters who are on approved leave shall not be considered for Daily Staffing Callback. Standby periods for up to four hours are acceptable, provided that the firefighter who accepts the callback assignment is available to report to the assigned station immediately. E. Firefighters may not perform the duties of those in a lower rank except as noted in Article VI. General Guidelines, Section I. (i.e., a Captain will not be called to fill a FFI assignment, etc.). F. Firefighters who have been scheduled to "act" may be reassigned to accommodate a firefighter who is called back for Daily Staffing. Reassignment is at the discretion of the Fire Chief s designee. G. An EMS Supervisor/Field Medical Officer vacancy shall be filled by using a Firefighter II EMS assigned to the shift and approved to "act" as EMS Supervisor/Field Medical Officer or a current assigned EMS Supervisor/Field Medical Officer if they are next on the eligibility list. H. Firefighters may be assigned to a medic unit when called in for Daily Staffing Callback, if the firefighter has worked a 24-hour shift on a medic unit immediately preceding the callback and the firefighter agrees to work the assignment. If the firefighter declines the 87 assignment and there is no other suppression assignment available, he or she will not lose their spot on the Daily Staffing List. VIIL Daily Staffing Procedure Firefighters shall have the right to refuse assignment for daily staffing without jeopardizing their position on the callback list, except in situations as listed below. A. As per the Collective Bargaining Agreement, firefighters should notify the Administrative Chief on duty immediately when the employee knows they will be absent because of illness. If such a determination is made by the employee past midnight, it is acceptable to report the illness between 0630 and 0700. In all cases, a report of illness should be made no later than 0700. B. During each shift, the Administrative Chief shall make arrangements to fill anticipated, scheduled vacancies for the following shift by reassigning firefighters, and/or assigning firefighters to "act". This list will be left available for the on-coming Administrative Chief to utilize for callback. C. At morning roll call, the Station Captain shall furnish the Administrative Chief with the daily staffing overtime availability of firefighters under their command for the following shift. 1. The Administrative Chief shall publish a list of the top eligible firefighters available for callback for daily staffing prior to noon. 2. The number of firefighters on the list will depend upon the anticipated needs of the department. 3. The Administrative Chief shall provide the names of at least 20 firefighters above the number anticipated to be needed. For example, if the shift is anticipated to be three firefighters short,the Administrative Chief shall publish a list of at least the top 23 eligible firefighters. 4. Those firefighters on the Daily Eligibility List shall remain on duty until 0800 to be available for callback assignment. 5. Those firefighters on the Daily Eligibility List who are offered a scheduled Special Event assignment for the following day, may decline the Special Events assignment and will remain in their current position on the Special Events List. D. Once the Daily Eligibility List is posted and a change occurs in the firefighter's availability status, they must contact the Administrative Chief as soon as possible, but no later than 2200. 1. A change in condition or refusal that occurs between the hours of 2200 and 0800 will result in the firefighter's name being placed at the bottom of the Daily Staffing List (the firefighter will only be placed at the bottom of the list if the number of needed callbacks meets or exceeds their number/position on the list. This cannot be determined until after sick calls have been taken). 88 E. Eligible firefighters on the Daily Eligibility List who previously declared available for callback and have not remained available at their station when contacted by the Administrative Chief will be placed at the bottom of the list. 1. The morning announcement of "0800 morning roll call" will serve as the official time for purposes of being placed at the bottom of the Daily Staffing List. 2. In the event "0800 morning roll call" is not announced at the appropriate time, the Station Captain should contact their Battalion Chief. 3. Firefighters on the Daily Eligibility List who have remained available at their station after 0800 may be contacted for callback if a staffing need arises. 4. If contacted after 0800, these personnel may reject the assignment without loss of position on the Daily Staffing List. 5. However, if they accept the assignment, they will drop to the bottom of the Daily Staffing List if the assignment is for a 24-hour period. F. Should a vacancy occur following the"0800 morning roll call",the Administrative Chief may attempt to contact those firefighters available as outlined in Article VI. General Guidelines, Section C. G. The Administrative Chief shall make every effort to notify personnel that they will be used on a callback as early as possible. H. Firefighters shall be called back in their numerical order on the callback list not rank for rank unless it is for deployment as outlined in Article X. Deployment Callbacks. IX. Special Events List A. Special Events will include callbacks for events that allow the Corpus Christi Fire Department adequate time for scheduling. This will include jury duty,parades, and other planned events. This list shall also be used for staffing regularly assigned apparatus after 0830 except as noted in Article VI. General Guidelines, Section C. B. Once a firefighter is called back for overtime on a scheduled event, or refused an offer for callback,their name will be placed at the bottom of the Special Events List. However, their name will remain unaffected on the Daily Staffing List. C. Firefighters will be called back for Special Events in a timely manner whenever possible. To accommodate the needs of the Corpus Christi Fire Department and the needs of the firefighter, the callback will be scheduled as far in advance as practical. Additionally, there is no requirement to be on duty for a complete shift to be called back for a future Special Event. D. Firefighters who are called back off the Daily Staffing List and a change in staffing occurs during the overtime shift where the firefighter is no longer needed for staffing and is sent home, the firefighter's callback will be converted to Special Events and they will remain in the same position on the Daily Staffing List prior to the callback. E. Callbacks for Special Events that occur after 0800 may be done using the Everbridge notification system. 89 1. All firefighters eligible for the Special Events overtime will be notified via the Everbridge system of the staffing vacancy and will have 10 minutes to reply that they are available. 2. After the 10 minutes have elapsed, the Administrative Chief will identify those firefighters who are available and will notify and award the eligible firefighter that is highest on the Special Events List with the overtime assignment. F. Callbacks for Special Events that are planned for the following day may be done using the Everbridge notification system 1. For a known planned event for the following day, the Administrative Chief will send out an Everbridge message to all eligible firefighters. They will also call each firefighter at their station who has their home number listed on the callback books. 2. At the four-hour mark after the initial Everbridge page goes out, the Administrative Chief will award the Special Event to the highest firefighter on the callback list that is eligible for the callback. 3. Using this procedure, firefighters who are not available will not be dropped to the bottom of the list. If at the end of the four hours, the Administrative Chief is unable to fill the vacancies using this procedure, he will revert to calling individuals at their stations in eligible order. Those refusing the callback will then be dropped to the bottom of the Special Events List. X. Deployment Callbacks It is recognized that the Corpus Christi Fire Department takes part in statewide and federal responses to emergencies. The deployment of members creates vacancies in operations for daily staffing. The Corpus Christi Fire Department will fill any vacancies in operations daily staffing created by deployment. Daily staffing will be filled with the following procedures: A. The Corpus Christi Fire Department will authorize the use of overtime to fill daily staffing vacancies created by deployment regardless of whether the department is at minimum staffing. This overtime will be called deployment backfill. B. For deployments that are scheduled or ongoing,the Corpus Christi Fire Department shall utilize the Daily Staffing List to fill daily staffing needs according to the department's staffing policy. C. For"just in time" deployments in which on-duty members are activated for deployment during their shift, the department shall utilize the Special Events List to fill daily staffing needs. D. The deployment backfill callbacks will attempt to be filled rank for rank using the eligibility lists and procedure noted above in Article VII. Daily Staffing Guidelines, but callback for deployed members by rank first. If rank for rank is not achievable due to availability, then the next lower rank will be utilized to fill the position. E. Examples of this would be as follows: • Example—If the daily minimum staffing number is 108, and if all members who are deployed were on duty for the shift the department would be at 112 for daily staffing, 90 the department would utilize deployment backfill overtime to achieve the original 112 daily staffing. Members would be called back from the appropriate callback list, rank for rank as noted above in Article X. Deployment Callbacks. Section D. • Example — 1 Battalion Chief (BC), 1 Captain, and 1 FFII Eng are deployed, the highest available BC, the highest available Captain, and the highest available FFII Eng would be called back for deployment backfill using the eligibility roster. If a BC, Captain, or FFII Eng rank does not have a person on the eligibility list of the same rank available to fill the position, then the next lower rank would be used if the firefighter has the qualifications to "act" in that capacity. • Example — If the daily minimum staffing number is 108, and if five members who are deployed were on duty for the shift the department would be at 105 for daily staffing that shift, then the department would utilize deployment backfill overtime to fill the first five positions rank for rank utilizing the proper list as noted above. The remaining three positions needed to get to minimum staffing at 108 would be filled using the highest available person on the eligibility list as directed above in Article VII. Daily Staffing Guidelines. If a FF rank is not available, then a FFII EMS can be used. XL Directions for Completing Callback Lists A. The person making the calls will enter the correct code, date (mm/dd/yy),time, and their own initials. The actual time contacted shall be noted. B. The Fire Chief s designee will ensure that the list is updated weekly and published on the Corpus Christi Fire Department's intranet site. C. The off-going shift is the shift which shall be contacted first during a callback. D. The contact procedure will be as follows: • A-shift will contact C-shift. • B-shift will contact A-shift. • C-shift will contact B-shift. E. Each Special Event requiring a callback is a new incident and will require beginning at the top of the list. This will ensure that firefighters that have remained in their position on the list, are called first. 1. Starting at the top, contact each firefighter who does not have a "CR." (Contacted, Refused), or a"C.W." (Contacted, Worked)by their name. 2. In the event that more than one firefighter is needed at the same time during the shift for Daily Staffing, the Administrative Chief shall not start over at the top of the Special Events List but shall begin with the eligible firefighters in numerical order that do not have a"CR." or"C.W." code on the same date. F. During an emergency, personnel living outside the city limits may be excluded from a callback as per Article 20, Section 3, subsection C of the Collective Bargaining Contract. 91 G. The following codes should be used when noting the status of a contact attempt: CODE EXPLANATION REMAIN IN POSITION ON LIST • C. R. Contacted Refused. Yes-Daily Staffing, No- Special Events • C. W. Contacted and Worked. No • C. L. Contacted, but on Leave. Yes • I. P. N. Incorrect Phone Number. Yes • U. C. Unable to Contact. Yes • C. T. Contacted, but on Trade. Yes • C. U. Contacted, Unable. Yes If an issue arises that necessitates a change in the policy, it can be changed if mutually agreed to by both parties. 92 APPENDIX "C-1" GRIEVANCE FORM Date: CASE NO.: Name Title I have discussed this complaint with my supervisor, and received his verbal answer on (date) . Because this answer is unacceptable to me, I wish to file my grievance complaint to Step 2. 1. Brief Statement of Grievance and the Facts or Events on which Grievance is Based: 2. Section(s) of contract alleged to be violated: 3. Remedy or adjustment sought by Grievant/Union: Grievant/Union Grievance Committee Chairman Date (Chairperson)/Union President's Signature Union Grievance Committee Chairman(Chair- Date Received person)/Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process 93 APPENDIX "C-2" RESPONSE OF UNION GRIEVANCE COMMITTEE STEP2 CASE NO.: Name Title On day of , 20 , the Grievance Committee met to consider the attached Grievance and made the following determination. ❑ This is a valid grievance and should proceed to Step 3. ❑ No valid grievance exists and no further proceeding is necessary. Union Grievance Committee Chairman Date (Chairperson)/Grievance Committee Member Fire Chief or Designee Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 94 APPENDIX "C-3" RESPONSE OF FIRE CHIEF STEP 3 CASE NO.: Name Title Response: (Attach additional pages if necessary) Fire Chief Date Union Grievance Committee Chairman Date Received (Chairperson)/Grievance Committee Member The Grievance is not resolved at Step 3 and is submitted by the Union Grievance Committee to the City Manager for a Response at Step 4. City Manager's Office Date Received *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 95 APPENDIX "C-4" RESPONSE OF CITY MANAGER STEP 4 CASE NO.: Name Title The attached Grievance being received on 20 , the following is the City Manager's Response: City Manager Date Grievance Committee Chairman Date Received (Chairperson)/Grievance Committee Member *Submit all prior Grievance and Response Forms together at each Step of the Grievance Process. 96 APPENDIX "D" Fire Department's Alcohol and Drug Policy A. INTRODUCTION The Corpus Christi Fire Department has a responsibility to provide the highest level of public safety service attainable by a City. All employees of the Department share in this responsibility. The sensitive position of all firefighters involved in fire suppression and/or emergency medical services or other assigned duties requires assurance that there is no use of illegal or prohibited drugs. It also requires assurance that firefighters are not under the influence of alcohol while on duty. The City of Corpus Christi is also obligated under the Drug-Free Workplace Act of 1988 to provide and maintain a workplace free of illegal or prohibited drugs. B. EFFECTIVE DATE AND EMPLOYEES COVERED. The amendments provided by this policy become effective upon execution of the 2016-2020 collective bargaining agreement between the City and the Union and will be incorporated into the Fire Department General Manual to be effective as of that date. This policy applies to all sworn personnel and cadets in the Fire Department,regardless of rank or assignment. All civilian personnel are covered under the citywide policy (H.R. 15.0). C. PROHIBITIONS: This policy prohibits: 1. The use, unauthorized possession, manufacture, distribution or sale of illegal drugs or drug paraphernalia. 2. The unauthorized use, possession, manufacture, distribution or sale of any controlled substance. 3. The presence of a detectable level of any illegal drug or unauthorized controlled substance or any metabolite of any such substance in the body upon being tested. 4. Being under the influence of alcohol or possessing alcohol while: (a) operating or occupying any city vehicle at any time; or (b) at any location during the firefighter's working hours including all lunch and break times. 5. Use of alcohol while off duty in violation of Civil Service Commission Rules and Regulations, and Chapter 143, Local Government Codes. 97 6. Unauthorized storage in any locker, desk, City vehicle or other repository on City premises or worksites of any illegal drug, drug paraphernalia, unauthorized controlled substances or alcohol. 7. Switching or adulterating any breath or urine sample submitted for testing. 8. Refusal to consent to testing and submit a specimen for testing when required under this policy. Consent is indicated by signing any form required by the City's Medical Advisor or laboratory collecting the specimen for testing. 9. Failure to pass any drug or alcohol test administered under this policy. 10. Refusal to consent to inspection of any desk, locker or other City property under a firefighter's control when requested by a supervisor or law enforcement officer 11. Arrest or conviction for any drug or alcohol-related crime committed at any time. 12. Failure to notify the Fire Chief within five (5) days after arrest or conviction for any drug or alcohol-related crime committed at any time. 13. Failure to report to his/her supervisor the use of any controlled substance prescribed by a physician or non-prescription drug which may impair the firefighter's ability to safely and fully perform his/her duties. 14. Failure to keep prescribed drugs in their original container which identifies the drug, date of prescription and prescribing physician or provide other proof of drug prescription and prescribing physician. 15. Failing to adhere to the provisions of any agreement executed by the firefighter which requires treatment or counseling for alcohol or drug abuse. 16. Refusing to sign a statement agreeing to comply with this Alcohol and Drug Policy. 17. Knowingly,taking prescribed medication in a manner or dosage other than as prescribed. D. DEFINITIONS UNDER THIS POLICY 1. ILLEGAL DRUG: includes heroin, cocaine, crack cocaine, cannabinoids (marijuana, hashish, THC), PCP (phencyclidine), LSD (lysergic acid diethylamide) and any other controlled substance not validly prescribed by a physician. 2. CONTROLLED SUBSTANCE: includes all of the above illegal drugs plus any other substances covered by Schedules I through V of the federal Controlled Substances Act (21 U.S.C. 801 et seq.) or the Texas Controlled Substances Act (Chapter 481, Texas Health and Safety Code). Controlled substances include amphetamines, barbiturates, methadone, benzodiazepines, methaqualone, morphine, codeine and anabolic steroids, A controlled 98 substance is "unauthorized" if the firefighter does not have a valid prescription for that substance at the time of its use or possession. 3. CITY PREMISES OR WORKSITES: include all property, buildings, structures, job sites (where a firefighter is working), parking lots, and means of transportation owned, leased, or otherwise used for City business including motor vehicles, equipment, or machinery. An employee's vehicle is also included in this definition when being used to conduct City business or when parked during an employee's working hours, including lunch or break times; provided however, that personal vehicles parked on city property may only be inspected or searched by law enforcement personnel based on probable cause. 4. FAILING A DRUG TEST: is defined as a confirmation of initial test results which show positive evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 5. PASSING A DRUG TEST: is defined as initial or confirmation test results which do not show evidence of the presence of an illegal drug or unauthorized controlled substance in the body. 6. DETECTABLE LEVEL: is defined as a quantity of a drug or drug metabolite equal to or greater than the detection limit for that substance as established by the testing laboratory, with the Chief s and Union's approval. E. DISCIPLINARY ACTION FOR VIOLATIONS OF THIS POLICY 1. The following violations of this policy shall be grounds for termination. a. unauthorized possession, use, manufacture, distribution or sale of any illegal drug, drug paraphernalia or controlled substance while on duty, in a City vehicle or on break time or, b. use without authorization of alcohol while on duty or while occupying any City vehicle or during break period, c. failing a drug test administered under this policy. 2. Any firefighter who violates any other provision-s of this policy shall be disciplined up to and including termination. 3. No firefighter may be disciplined for reporting to duty when ordered to do so, if the firefighter has disclosed any consumption of alcohol during his/her off duty hours. F. DRUG TESTING Drug testing will be conducted using a laboratory certified by the Department of Health and Human Services (NIDA). Chain-of-custody procedures will be followed to account for the integrity of each urine sample by tracking its handling and storage from point of specimen collection to final disposition of the specimen. 99 Each specimen submitted for testing under this policy shall be split and a sample shall be reserved for an independent analysis in the event of a positive result. Each specimen submitted for testing under the testing provision of this policy with the exception of pre-employment, will be assayed for the presence of the following compounds. EMIT SCREEN GC-MS CONFIRMATION DETECTION LEVEL DETECTION LEVEL DRUG GROUP ng/ml* ng/ml* Amphetamine 1,000 500 Barbiturates 300-1000 200 Benzodiazepines 300 200 Cocaine Metabolites 300 150 Marijuana 50 15 Metabolites 300 300 Methadone 300 200 Methaqualone 300 200 Opiate Metabolites 300 300 Phencyclidine 25 25 Propoxyphene 300 200 *nanograms/milliliter The laboratory will also assay each specimen for signs of possible adulteration. Specimen alteration assays will consist of two or more of the following: * Creatinine * Chloride * Specific Gravity * Ph Pre-employment testing shall utilize the SAP 10. The initial test(also known as a screening test)shall be a enzyme immunoassay screen(EMIT) to eliminate"negative" urine specimens from further consideration. If the initial test indicates a positive result, a confirmation test by gas chromatography/mass spectrometry (GC/MS)will be used to confirm the presence of a specific drug or metabolite. The confirmation test shall be independent of the initial test and uses a different technique and chemical principle from that of the initial test in order to ensure reliability and accuracy. For classes of 100 drugs where GC/MS is not an approved confirmation procedure, an alternative confirmation test will be used. The Chief shall designate a Testing officer with full authority to order personnel compliance to oversee the integrity of the drug testing procedures and general administration of this policy. The Testing Officer's specific responsibilities and duties shall be established by the Chief. Drug testing under this policy will include: 1. Pre-employment: All job offers are contingent upon passing a drug test. Applicants who fail a drug test will be ineligible to apply for employment in the future. 2. Post-accident: Any firefighter, up to and including the Fire Chief, who,while operating a City vehicle, is involved in an accident, shall submit to drug and alcohol testing. The test shall be performed as soon as possible. 3. Reasonable Suspicion: If individualized reasonable suspicion exists that any firefighter has used or possessed an illegal drug or unauthorized controlled substance or has violated the alcohol-related provisions of this policy, the Chief may order the firefighter to submit a urine and/or blood specimen for alcohol and/or drug testing. 4. Random Testing: The Fire Department shall be divided into groups consisting of the following work sites or groups: Administrative Offices (Includes the Fire Chief) Training Center Fire Prevention& Arson Investigation Warehouse Each Station will consist of 3 separate groups (A, B, & C shifts) Three additional groups will be added upon opening of a new station. Random drug testing shall occur by the random selection of one of the above work groups or sites. The testing agency shall provide a computer-based random selection of the group to be tested each month. Two groups will be selected and tested each month. The Chief, or designee, will notify the employees selected for a test within no more than three(3)hours of the testing. Any firefighter either permanently or temporarily assigned, including members working trades for regular firefighters, shall be subject to testing. All testing will be conducted on site. Personnel not tested on site will be required to report to a designated lab within 3 hours of notification by their supervisor. Employees on vacation, sick leave, other leave, or on City business outside the city, will not be notified or have to take the test. 101 G. COMPLIANCE WITH POLICY 1. Applicants and firefighters subject to testing will have the opportunity to submit a list of prescription and non-prescription drugs they have used in the last thirty (30) days and to explain the circumstances surrounding the use of such drugs to the MRO before a decision regarding test results is made. 2. Any firefighter who has agreed in connection with a prior violation of this policy to submit to random testing for a prescribed period of time (maximum of one (1) year) may be tested as described in the agreement signed by the firefighter. 3. A firefighter with an alcohol content of .04% will be presumed to be under the influence of alcohol for purposes of this policy. 4. If the Medical Review Officer's (MRO) review of drug test results indicates a legitimate medical explanation for the confirmed positive test result, no further action will be taken against the firefighter and an applicant will be eligible for hire. If the MRO's review determines there is no legitimate medical explanation for the confirmed positive test result, the firefighter will be subject to disciplinary action up to and including discharge upon the first offense. H. MEDICAL REVIEW OFFICER The Medical Review Officer (MRO) for the City of Corpus Christi will be a City's Medical Advisor or any physician designated by the City Manager who is a licensed physician with knowledge of drug abuse disorders and certified as a Medical Review Officer for drug testing. The MRO shall review all drug testing results he/she receives and interpret confirmed positive test results to determine if there is an alternative medical explanation of the confirmed positive result. I. ALCOHOLISM AND DRUG ADDICTION While occasional or"social"use of drugs and alcohol can become detrimental to the workplace and to personal health, we recognize that alcoholism and drug addiction are medical disorders which can be treated. The City of Corpus Christi believes it has a responsibility to provide assistance to our employees through the Employee Assistant Program,but the initiative in seeking such help is the responsibility of the firefighter. Firefighters who voluntarily seek diagnosis and accept treatment for alcohol or drug-related problems before the problem becomes evident, will be offered rehabilitation help on a strictly confidential basis using the leave policies currently available for other health-related problems. Whether voluntary or mandatory rehabilitation is required,these costs are the responsibility of the firefighter. Medical Plan Insurance may be used to the extent provided under the individual's health insurance coverage. If misconduct or declining job performance brings illegal or non- prescribed drug or alcohol abuse problems to light, the firefighter will be subject to appropriate disciplinary action. 102 J. IMPLEMENTATION OF DRUG-FREE AWARENESS PROGRAM The Drug-Free Awareness Program will provide an ongoing education effort for the firefighters to prevent and eliminate drug and alcohol abuse that may affect the workplace. This program will cover: 1. The dangers of alcohol and drug abuse in the workplace; 2. This Alcohol and Drug Policy; 3. The availability of treatment and counseling for firefighters voluntarily seeking such counseling through the Employee Assistance Program; and 4. The discipline which will be imposed for violations of this policy. Supervisors are the "keys" to successfully implementing this policy. Initial and ongoing supervisory training will be mandatory for supervisors and will cover the following areas: 1. Identifying and documenting job performance and on-the-job behavior which may reflect the impact of personal problems; 2. Identifying evidence of on-the-job use or presence of alcohol or drugs; 3. Procedure for referral of troubled firefighters to the Employee Assistance Program; 4. Procedure for testing firefighter suspected of violating this policy; 5. Constructive confrontation techniques; 6. Orientation on drug procedures and technology; and 7. Procedures for conducting workplace inspections. Cadets will be trained on this Policy at the Academy and new supervisors will be trained through recurring sessions provided on the Training calendar. K. RECORDS PROCEDURES 1. RELEASE OF INFORMATION: Requests for employment verification or references for an individual terminated under this policy shall be forwarded to the Human Resources Department for response. For Texas Employment Commission hearing on granting unemployment insurance, the City will cite a rules violation as the reason for termination and will supply a copy of the letter of termination which states specific reasons. Where there is doubt about the release of information,the Legal Department shall be consulted for guidance. 2. REPORTING CONVICTION TO FEDERAL AGENCY: In compliance with the Drug Free Workplace Act, the Human Resources Department will notify the appropriate federal agency within ten (10) days after receiving notice from the firefighter of a conviction under criminal drug statutes. 103 APPENDIX"E" Team Member Participants for 2024 Collective Bmainin2 Negotiations Between the City of Corpus Christi and the Corpus Christi Professional Firefighters' Association City Team Members Gabriel A. Rodriguez, Lead Negotiator Michael Rodriguez Rebecca Castillo Eddie Houlihan Dep. Chief Doug Matthijetz Asst. Chief Randy Paige City Alternate Team Members Lilia K. Castro Odette Cruz Amy Cowley John Juarez Dezerae Carmona Will Durham Association Team Members Johnny R. Stobbs, Lead Negotiator Arturo Caceres Ronald Crabtree Anthony Keith Jack Arnold Chris Guilianelle Randy Smart Jason Cook Association Alternate Team Members Steve Bowers Justin Drexler Cody Eyring John Mora 104 Collective Bargaini Negotiations City of Corpus Christ th Corpus Christi Professional ers Association ,, August 13, 2024 Collective Bargaining • Current Fire Collective Bargaining Agreement • October 1, 2020 to September 30, 2024 • New Fire Collective Bargaining Agreem I?, • October 1, 2024 to September 30 02 • City of Corpus Christi Negotiating Corpus Christi Professional Firefighters • Michael Rodriguez, City M g Association Negotiating Team: • Gabriel Rodriguez, City torn 's ice Johnny R. Stobbs, President • Arturo Caceres • Eddie Houlihan, Budget 0 Ronald Crabtree • Rebecca Castillo, Human Resources 0Anthony Keith • Deputy Chief Doug Matthijetz, CCFD Jack Arnold • Chris Guilianelle • Randy Smart • Jason Cook %01s. Timeline • The negotiations teams for t ity and the Corpus Christi Professional Firef to ssociation met eight times before rea in tentative agreement • Initial meeti as eld on March 6 • Final m in w s held on May 1 • Final Tentative Agreement Reached on May 1 ` Highlights of the Agreement • 4-year contract with a total cost of$28 Million • Salary increases: • Year 1 - 7% (One-time stipend of$2,000 FF I' on 10/1/24) - R • Year 2 - 30% • Year 3 - 4/o • Year 4 - 4% � OW • New Dog Handler Pay ofvertime on days offNew On Call Compensati16pZ our for all hours on- call • Specialty Station Assignment Pay increase from $125 to $150 per month starting in Year 3 Highlights of the Agreement • Step restructure of 3.25% bet een pay steps and 0.5% between ranks • New Driver Operator s ment Pay of $60 per month • Volunteer Welln r (Early Cancer Screening) • Full Migrat' 't s High-Deductible Plan and One Time HSA c tr ution of $2,000 for all firefighters • Increase in Health & Benefits Trust contribution from $165,000 to $225,000 annually Firefighter Salaries • On average the increase for all ranks in Year 1 will be approximately 9% • In Year 1 FF I's at 30 months or re receive a one-time $2,000 stip • On average the increa o r t four years ' will be: • FF I: 17% • FF II: 21% • Captain: 24% • Battalion Chief: 23% Union Ratification • The Corpus Christi Professional Firefighters Association voted July 8 through July 10 • The Corpus Christi Professional Firefi Association r Collective Bar 'ni Agreement on Ju 0. Collective Bargaini Negotiations City of Corpus Christ th Corpus Christi Professional ers Association ,, August 13, 2024 so G� 0 v hcaBPOPP10 AGENDA MEMORANDUM 1852 One Reading Ordinance—City Council Meeting of August 13, 2024 DATE: August 13, 2024 TO: Peter Zanoni, City Manager FROM: Rebecca L. Huerta, City Secretary rebeccah@cctexas.com (361) 826-3105 Jeff H. Edmonds, P. E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Ordinance Ordering a Special Election — Bond 2024 CAPTION: One reading ordinance calling for a special election for the Bond 2024 Program to be held on November 5, 2024, in the City of Corpus Christi for the authorization of bond issuances for the City by ad valorem taxes totaling $175 million without a property tax rate increase to fund 38 projects under the following propositions: Streets ($89.5 million), Parks ($37.65 million), Public Safety ($45 million) and Cultural Facilities ($2.85 million). PURPOSE: The purpose of this Agenda Item is to call for a special election to be held on November 5, 2024, and authorize the bond issuance for the listed propositions. Four propositions (A—D) are being proposed for the upcoming November 5, 2024, Special (Bond) Election: o Proposition A Streets: $89.50 Million o Proposition B Parks & Recreation: $37.65 Million o Proposition C Public Safety: $45.00 Million o Proposition D Cultural Facilities: $2.85 Million BACKGROUND: The City of Corpus Christi has biennially approved and implemented two-year General Obligation Bond programs that consist of citywide infrastructure projects that are approved by voters. It has been anticipated that this cycle would continue with Bond 2024. In recent months, staff developed a project list from needs identified based on the community meetings, feedback received from stakeholder engagements, and priorities gained from one-on-one meetings with council members. On August 1st, 2024, City Council moved to approve list of 38 infrastructure projects for the Bond 2024 program totaling $175 million to be considered by the voters on November 5, 2024. The four propositions (A— D) are being proposed for the upcoming November 5, 2024, Special (Bond) Election: o Proposition A Streets: $89.50 Million o Proposition B Parks & Recreation: $37.65 Million o Proposition C Public Safety: $45.00 Million o Proposition D Cultural Facilities: $2.85 Million ALTERNATIVES: The Council can modify or redistribute the Bond 2024 funds. FISCAL IMPACT: The Bond 2024 totals $175 million. The Bond 2024 can be completed without a property tax increase. RECOMMENDATION: Staff recommends approval of the ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance—Ordering a Special Election for Bond 2024 ORDINANCE Ordering a special election to be held on November 5, 2024, in the City of Corpus Christi, on the questions of authorizing bond issuances of the City supported by ad valorem taxes; providing for procedures for holding such election;providing for notice of election and publication thereof;providing for the establishment of branch early polling places; designating polling place locations; authorizing a joint election with Nueces County; and enacting provisions incident and relating to the subject and purpose of this ordinance WHEREAS, the City Council (the Council) of the CITY OF CORPUS CHRISTI, TEXAS (the City),located in Nueces,Aransas,Kleberg, and San Patricio Counties,Texas,hereby finds and determines that an election should be held to determine whether the Council shall be authorized to issue general obligation bonds of the City in the amounts and for the purposes hereinafter identified (the Special Election);and WHEREAS, the City will conduct the Special Election jointly with Nueces County (the County) and with other political subdivisions (such other political subdivisions, collectively, the Participants) for whom the County is also conducting their elections, as provided pursuant to the provisions of one or more joint election agreements or contracts among the City, the County, and the Participants, entered into in accordance with the provisions of Section 271.002 of the Texas Election Code, as amended (the Election Code),or other applicable law; and WHEREAS,pursuant to the aforementioned joint election agreement,the County will conduct all aspects of the Special Election on the City's behalf, and WHEREAS, the Council hereby finds and determines that it is in the best interests of the City to enter into one or more election agreements or contracts with the County and the Participants to conduct the Special Election in accordance with the laws of the State of Texas (the State) and applicable federal laws;and WHEREAS, the Council hereby finds and determines that the necessity to construct various capital improvements within the City necessitates that it is in the public interest to call and hold the Special Election at the earliest possible date to authorize the issuance of general obligation bonds for the purposes hereinafter identified;and WHEREAS, concurrently with the Special Election (and as a joint election with the County and any other Participants), the City will, pursuant to the City Charter of the City and by separate ordinance adopted by the Council on the date hereof, conduct its regular City election for Mayor and members of the Council(along with any necessary runoff election)(such regular election,the General Election); and WHEREAS,after full review and consideration of each project listed under all of the propositions described below (City of Corpus Christi Propositions A, B, C and D), the Council hereby finds and determines that each project is necessary for a public purpose and is in the best interests of the City and the residents of the City;and -1- WHEREAS, the Council hereby finds, directs and determines that the policy and procedure enumerated as section 2-109 of the City Code will not be followed; and WHEREAS,the Council hereby finds and determines that the actions herembefore described are in the best interests of the qualified voters of the City;now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS THAT: SECTION 1. The Special Election shall be held in the CITY OF CORPUS CHRISTI, TEXAS on the 5th day of November, 2024 (Election Day), which is a uniform election date under the Election Code, and is not less than seventy-eight (78) days nor more than ninety (90) days from the date of the adoption of this ordinance (the Ordinance), for the purpose of submitting the following propositions (collectively,the Propositions)to the qualified voters of the City: CITY OF CORPUS CHRISTI PROPOSITION A STREETS "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue and sell one or more series of general obligation bonds of the City, in the aggregate principal amount of not more than $89,500,000 with such series or issues of bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending streets, thoroughfares, and urban trails and related land and right-of-way sidewalks, streetscapes, collectors, drainage, landscape, signage, acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system), with priority given to the following street projects: - Residential Streets - North Beach Road Improvements,including Beach Avenue and Gulfspray Avenue - Rand Morgan Road,generally from McNorton Road to Interstate 37 - Sam Rankin Road,generally from Port Avenue to Interstate 37 - South Staples Access Road,generally from Annapolis Drive to Kostoryz Road - Allencrest Drive,generally from Ayers Street to deadend - Schanen Boulevard,generally from Weber Road to Everhart Road - Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue - Graham Road,generally from Flour Bluff Drive to Waldron Road - Tara Subdivision, including Armitage Drive, Audobon Drive, Riata Drive, Riata Circle,Richland Street,Rosedown Drive - JFK Causeway Access Road and Parking Improvements - Cimarron Boulevard,generally from Bison Drive/Grenoble Drive to Legacy Point - Acushnet Drive,generally from Weber Road to Saratoga Boulevard - Lipes Boulevard,generally from Airline Road to Bronx Drive - Grand Junction Drive,generally from Wapentate Drive to Cedar Pass Drive - Rodd Field Road,generally from Yorktown Boulevard to Adler Drive -2- - Brooke Road,generally from Rodd Field Road to Ametrine Road - DS 5 Trail Connectivity and in providing for the above public improvements, the City Council shall have the option to (1)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason) do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion,use any excess funds for designing, demolishing, constructing, renovating, improving, reconstructing, restructuring and extending other 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 (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION B PARKS AND RECREATION "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $37,650,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following projects: - Oso Golf Center Clubhouse - TC Ayers Aquatic Center - Labonte Park - Sherrill Veterans Memorial Park - Greenwood Sports Complex - St.Andrews Park - Cole Park - Commodores Park - Peary Place Park - Bill Witt Park - Dimmit Pier Boat Ramp -3- and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, and equipping City parks and recreation facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system);and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law,annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds?" CITY OF CORPUS CHRISTI PROPOSITION C PUBLIC SAFETY "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $45,000,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following projects: - Corpus Christi Fire Station#8 - Corpus Christi Fire Station 99 - Corpus Christi Fire Station#10 - Corpus Christi Fire Station#11 - Corpus Christi Police Substation-Far South - Corpus Christi Police Substation-Northwest - Corpus Christi Police Substation- South/Central and in providing for the above public improvements, the City Council shall have the option to(1)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore -4- described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City public safety facilities, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected,within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? CITY OF CORPUS CHRISTI PROPOSITION D CULTURAL FACILITIES "Shall the City Council of the City of Corpus Christi,Texas be authorized, in accordance with applicable law, to issue bonds of the City, in one or more series or issues and in the aggregate principal amount of $2,850,000 with such series or bonds, respectively, to mature serially or otherwise within not to exceed forty years from their date and to be sold at such prices and bear interest at such rates (whether fixed, floating, variable, or otherwise, but in no case at a rate that exceeds the maximum rate per annum authorized by applicable law at the time of any such issuance), as shall all be determined within the discretion of the City Council, for the purpose of making permanent public improvements or for other public purposes, to wit: designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City cultural facilities to benefit or promote cultural and social enrichment, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system),with priority given to the following projects: — Community/Senior Center Facility(including a public library) — Historical Houses in Heritage Park and in providing for the above public improvements, the City Council shall have the option to(i)utilize other funds available for such purposes and(ii)abandon such indicated public improvements that are reliant, in part, on external sources of funding that (for whatever reason)do not materialize or because unforeseen changes in fact or circumstance make the anticipated expenditure no longer wise or necessary (as determined by the City Council), and after making due provision for the improvements listed above or determining that the public improvement project will not proceed for a reason heretofore described, the City Council may, in its discretion, use any excess funds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City cultural facilities to benefit or promote cultural and social enrichment, and acquiring lands and rights-of-way necessary thereto or incidental therewith (but specifically excluding related City utility costs, which are the responsibility of the City's utility system); and shall the City Council be authorized to levy and pledge, and cause to be assessed and collected, within the limitations prescribed by law, annual ad valorem taxes on all taxable property in the City sufficient to pay the annual interest and sinking fund to pay the bonds at maturity and to pay the costs of any credit agreements executed in connection with the bonds? SECTION 2. The official ballot shall be prepared in accordance with the Election Code, as -5- amended, so as to permit voters to vote "FOR" or "AGAINST" the aforesaid propositions which shall appear on the ballot substantially as follows: City of Corpus Christi Proposition A(Streets) The issuance of bonds for designing, demolishing, constructing, renovating, improving, reconstructing, restructuring, extending and making permanent street, sidewalk,drainage and any related improvements in the aggregate principal amount not to exceed $89,500,000, and levying a tax for the payment of principal and interest thereof,with priority given to the following: Residential Streets; North Beach Road Improvements, including Beach Avenue and Gulfspray Avenue;Rand Morgan Road,generally from McNorton Road to Interstate 37;Sam Rankin Road,generally from Port Avenue to Interstate 37;South Staples Access Road,generally from Annapolis Drive to Kostoryz Road;Allencrest Drive,generally from Ayers Street to deadend;Schanen Boulevard,generally from Weber Road to Everhart Road; Holly Road, generally from Ennis Joslin Road to Paul Jones Avenue; Graham Road, generally from Flour Bluff Drive to Waldron Road; Tara Subdivision, including Armitage Drive,Audobon Drive,Riata Drive,Riata Circle,Richland Street,Rosedown Drive;JFK Causeway Access Road and Parking Improvements; Cimarron Boulevard, generally from Bison Drive/Grenoble Drive to Legacy Point; Acushnet Drive, generally from Weber Road to Saratoga Boulevard; Lipes Boulevard, generally from Airline Road to Bronx Drive; Grand Junction Drive, generally from Wapentate Drive to Cedar Pass Drive;Rodd Field Road,generally from Yorktown Boulevard to Adler Drive;Brooke Road, generally from Rodd Field Road to Ametrine Road; DS 5 Trail Connectivity City of Corpus Christi Proposition B (Parks and Recreation) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding and equipping park and recreational facilities in the aggregate principal amount not to exceed $37,650,000 and levying a tax for the payment of principal and interest thereof,with priority given to the following: - Oso Golf Center Clubhouse - TC Ayers Aquatic Center - Labonte Park - Sherrill Veterans Memorial Park - Greenwood Sports Complex - St.Andrews Park - Cole Park - Commodores Park - Peary Place Park - Bill Witt Park - Dimmit Pier Boat Ramp City of Corpus Christi Proposition C (Public Safety) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping public safety facilities in the aggregate principal amount not to exceed $45,000,000 and levying a tax for the payment of principal and interest thereof, with priority given to the following: Corpus Christi Fire Station 48 -6- - Corpus Christi Fire Station 99 - Corpus Christi Fire Station 910 - Corpus Christi Fire Station#I I - Corpus Christi Police Substation-Far South - Corpus Christi Police Substation-Northwest - Corpus Christi Police Substation- South/Central City of Corpus Christi Proposition D (Cultural Facilities) The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding, upgrading and equipping City cultural facilities in the aggregate principal amount not to exceed$2,850,000 and levying a tax for the payment of principal and interest thereof,with priority given to the following: - Community/Senior Center Facility(including a public library) - Historical Houses in Heritage Park SECTION 3. The City election precincts hereby established for the purpose of holding the Special Election and the polling places hereby designated for holding the Special Election in the City election precincts are identified in Exhibit A to this Ordinance, and this Exhibit A is hereby incorporated by reference into this Ordinance for all purposes. Nueces County participates in the Countywide Polling Place Program under Section 43.007, as amended, Texas Election Code, meaning that any City voter registered in Nueces County can vote in the Election at any polling place identified in Exhibit A for Nueces County. The City Secretary or designee, in coordination with the County's election administrator (the Administrator) or the designee thereof, as necessary or desirable,will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Special Election, together with any other necessary changes to election practices and procedures and can correct,modify,or change the Exhibits to this Ordinance based upon the final locations and times agreed upon by the Administrator, the City, and the Participants to the extent permitted by applicable law. If any polling place locations identified in Exhibit A are changed, such final polling place locations will be reflected on the Nueces County elections website. The Presiding Judge shall appoint not less than two resident qualified voters of the County to act as clerks in order to properly conduct the Special Election. To the extent required by the Election Code or other applicable law, the appointment of these clerks must include a person fluent in the Spanish language to serve as a clerk to render oral aid in the Spanish language to any voter desiring such aid at the polls on Election Day. If the Presiding Judge appointed actually serves, the Alternate Presiding Judge shall serve as one of the clerks. In the absence of the Presiding Judge,the Alternate Presiding Judge shall perform the duties of the Presiding Judge of the election precinct. On Election Day,the polls shall be open from 7:00 a.m.to 7:00 p.m. The main early voting location is designated in Exhibit B to this Ordinance (which is hereby incorporated herein by reference for all purposes). The individual named as the Early Voting Clerk as designated in Exhibit B is hereby appointed as the Early Voting Clerk to conduct such early voting in the Special Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerks. This main early voting location shall remain open to permit early voting on the days and at the times as stated in Exhibit B. Early voting shall commence as provided on Exhibit B and continue through the date set forth on -7- Exhibit B,all as provided by the provisions of the Election Code. Additionally, permanent branch offices for early voting by personal appearance shall be established and maintained in accordance with the Election Code. The locations, dates, and hours of operation for early voting at these offices (being the permanent branch offices) shall be determined by the Administrator, as identified in Exhibit B hereto. If any early voting locations identified in Exhibit B are changed, such final early voting locations will be reflected on the Nueces County elections website. An Early Voting Ballot Board is hereby established for the purpose of processing early voting results. The individual designated in Exhibit B as the Presiding Judge of the Early Voting Ballot Board is hereby appointed the Presiding Judge of the Early Voting Ballot Board. The Presiding Judge shall appoint not less than two resident qualified voters of the County to serve as members of the Early Voting Ballot Board. SECTION 4. A Direct Recording Electronic (DRE)voting machine shall be employed at each of the polling locations utilized for the Special Election in accordance with the Election Code; provided,however, in the event the use of such DRE is not practicable, the Special Election may be conducted on Election Day by the use of paper ballots (except as otherwise provided in this section). DRE or paper ballots may be used for early voting by personal appearance (except as otherwise provided in this section). Pursuant to Section 61.012 of the Election Code, the City shall provide at least one accessible voting system in each polling place used in the Special Election. Such voting system shall comply with State and federal laws establishing the requirement for voting systems that permit voters with physical disabilities to cast a secret ballot. Paper ballots, touch screen voting machines, and/or such other legally-permissible voting methods may be used for early voting and Election Day voting by personal appearance. Certain early voting may be conducted by mail. SECTION 5. The City shall also utilize a Central Counting Station(the Station) as provided by Section 127.001, et seq. of the Election Code. The Administrator, or the designee thereof, is hereby appointed as the Manager and Presiding Judge of the Station and may appoint Station clerks and establish a written plan for the orderly operation of the Station in accordance with the provisions of the Election Code. The Council hereby appoints the Administrator, or the designee thereof, as the Tabulation Supervisor and the Administrator, or his designee, as the Programmer for the Station. Lastly, the Administrator will publish notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks for the Station in accordance with the provisions of the Election Code. SECTION 6. In accordance with Section 52.072(c) of the Election Code, the Propositions shall appear on the City's ballot after the listing of offices that are the subject of the General Election. SECTION 7. All resident qualified voters of the City shall be permitted to vote at the Special Election, and on Election Day, such voters shall vote at the designated polling places. The Special Election shall be held and conducted in accordance with the provisions of the Election Code and Chapters 1251 and 1331, as amended, Texas Government Code (collectively, the Election Laws), and as may be required by any other law. All materials and proceedings relating to the Special Election shall be printed in both English and Spanish. SECTION 8. Notice of election, including a Spanish translation thereof, shall be published on the same day in each of two successive weeks in a newspaper of general circulation in the City;the first of these publications to appear in such newspaper no more than 30 days, and not less than 14 days, prior to Election Day. Moreover,a substantial copy of this Ordinance and the voter information attached as Exhibit C, including a Spanish translation thereof, shall be posted (i) at City Hall not less than 21 days prior to -8- Election Day; (ii) at three additional public places within the City not less than 21 days prior to Election Day; (III) in a prominent location at each polling place on Election Day and during early voting; and(iv) in a prominent location on the City's internet website not less than 21 days prior to Election Day. The City Secretary is directed to post and publish such Special Election notices as specified above and as required by the Election Laws. SECTION 9. As required by and in accordance with Section 3.009(b)(5) and (7)through (9) of the Texas Election Code, the City, as of the date of this Ordinance, had outstanding an aggregate ad valorem tax-supported principal amount of debt equal to $554,005,000.00; the aggregate amount of the interest owed on such City debt obligations, through respective maturity, totaled $193,623,754.46; and the City levied an ad valorem debt service tax rate for its outstanding debt obligations of$0.220949 per$100 of taxable assessed valuation. Of the aforementioned City debt,the City considers$83,994,980.00 and $25,348,523.21 of that principal and interest, respectively, to be self-supporting debt payable from sources other than ad valorem taxes.The City estimates an ad valorem debt service tax rate of$0.220949 per $100 of taxable assessed valuation if the bonds that are subject of the Special Election are approved and are issued (taking into account the outstanding City bonds and bonds that are the subject of the Special Election, but not future bond authorizations of the City), though the City projects no tax rate increase for the issuance of bonds that are the subject of this Ordinance.This is only an estimate provided for Texas statutory compliance and does not serve as a cap on any City ad valorem debt service tax rate. SECTION 10. The Council hereby appoints the City Secretary as the authority and officer responsible for the conduct of the Special Election and is hereby authorized and directed to make all necessary arrangements for the holding of the Special Election in accordance with the Elections Laws, which obligations include (but are not limited to) coordinating the Special Election process and negotiating, entering into, and carrying out the terms and provisions of one or more joint election agreements or contracts with the County and any Participants in accordance with the provisions of the Election Code. To the extent that any duty or obligation of the City, in general, or the City Secretary, in particular, is properly delegated to the County pursuant to a joint election agreement, then the County's carrying out those duties and obligations on the City's behalf pursuant to the terms of such joint election agreement shall be binding upon the City and are hereby determined by the Council to be evidence of the City's compliance with the provisions of the Election Laws relative to the same. By incorporating all essential terms necessary for a joint election agreement, this Ordinance is intended to satisfy Section 271.002(d) of the Election Code, without further action of the City Council. To the extent needed or desirable,the Administrator is hereby appointed joint custodian of voted ballots for the purposes of 31.096 of the Election Code. In addition, the City Manager and the City Secretary, individually or in concert and as necessary or desired, are hereby authorized and entitled to make such technical modifications to this Ordinance that are necessary for compliance with applicable State or federal law (including the Election Laws) or to carry out the intent of the Council,as evidenced herein. SECTION 11. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this Ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 12. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this Ordinance are hereby repealed to the extent of such conflict, and the provisions of this Ordinance shall be and remain controlling as to the matters ordained herein. SECTION 13. This Ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. -9- SECTION 14. If any provision of this Ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this Ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this Ordinance would have been enacted without such invalid provision. SECTION 15. It is officially found, determined, and declared that the meeting at which this Ordinance was 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 Ordinance,was given, all as required by Chapter 551,as amended,Texas Government Code. SECTION 16. Pursuant to the provisions of Section 1201.028, as amended, Texas Government Code, this Ordinance shall be effective immediately upon adoption, notwithstanding any provision in the City's Home Rule Charter to the contrary concerning a multiple reading requirement for the adoption of ordinances. -10- THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI § I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of an Ordinance passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on August 13, 2024, ordering a special election to be held on November 5, 2024, which ordinance is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time,place and purpose of said meeting was given,all as required by Texas Government Code,Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City,on 12024. City Secretary (CITY SEAL) S-2 PASSED AND APPROVED on this the day of 52024 CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the Section 16 of the foregoing ordinance,state law supersedes the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe,therefore,request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members APPROVED , 2024 Miles Risley City Attorney S-3 EXHIBIT A ELECTION PRECINCTS AND ELECTION DAY POLLING LOCATIONS Election Day: Tuesday,November 5,2024 Election Day Polling Locations open from 7:00 a.m.to 7:00 p.m. Nueces County participates in the Countywide Polling Place program under Section 43.007,as amended, Texas Election Code. Registered voters will be able to cast their Election Day ballots at any of the Vote Centers identified below. [Aransas County,Kleberg County and San Patricio County also participate in Countywide Polling Place programs.] [TO BE INSERTED—POLLING PLACES IN THE REGULARLY-PRESCRIBED PRECINCTS OF THE CITY OF CORPUS CHRISTI] Preliminary,subject to change. If any locations are changed,this will be reflected on the Nueces County elections website https://www.nuecesco.com/county-services/county-clerk/elections-department. [The remainder of this page intentionally left blank.] A-1 EXHIBIT B MAIN AND PERMANENT BRANCH POLLING PLACES,DATES,AND TIMES Early voting begins Monday,October 21,2024,and ends on Friday,November 1,2024 Early Voting Clerk: Early Voting Clerk's address: 901 Leopard Corpus Christi,Texas 78401 Presiding Judge of the Early Voting Ballot Board: Location.Dates&Hours of Main Early Voting Polling Place Nueces County Courthouse 901 Leopard Corpus Christi,Texas 78401 [TO BE INSERTED—DATES AND HOURS FOR VOTING] Dates Times Any voter who is entitled to vote an early ballot by personal appearance may do so at the Main Early Voting Site. Preliminary,subject to change. If any locations are changed,this will be reflected on the Nueces County elections website https://www.nuecesco.com/county-services/county-clerk/elections-department. [The remainder of this page intentionally left blank.] B-1 Location, Dates &Hours of Permanent Branch Polling Places [TO BE INSERTED—PERMANENT BRANCH POLLING PLACES AND DAYS AND HOURS FOR VOTING] EARLY VOTING BY MAIL: Applications for voting by mail should be mailed to be received no earlier than Friday, , 2024, and no later than the close of business(4:30 p.m.)on Friday, 12024. Applications should be mailed to: Kara Sands,County Clerk Nueces County,Texas P.O.Box 2627 Corpus Christi,Texas 78403 [The remainder ofthis page intentionally left blank.] B-2 EXHIBIT C VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition A (Streets): ❑FOR The issuance of bonds for designing, demolishing, constructing, renovating, improving, reconstructing,restructuring,extending and making permanent street,sidewalk,drainage and any ❑ AGAINST related improvements in the aggregate principal amount not to exceed$89,500,000,and levying a tax for the payment of principal and interest thereof,with priority given to the following: Upper/Middle/Lower Broadway Street, generally from Cooper's Alley to Twigg Street; North Beach Road Improvements,including Beach Avenue and Gulfspray Avenue; Yorktown Boulevard, generally from Oso Bridge to Waldron Road;Rand Morgan Road, generally from McNorton Road to Interstate 37; Sam Rankin Road, generally from Port Avenue to Interstate 37; South Staples Access Road, generally from Annapolis Drive to Kostoryz Road;Alameda Drive,generally from Texan Trail to Everhart Road;Allencrest Drive,generally from Ayers Street to deadend;Schanen Boulevard,generally from Weber Road to Everhart Road;Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue; Graham Road,generally from Flour Bluff Drive to Waldron Road;Tara Subdivision, including Armitage Drive, Audobon Drive, Riata Drive, Riata Circle, Richland Street, Rosedown Drive; JFK Causeway Access Road and Parking Improvements; Cimarron Boulevard, generally from Bison Drive/Grenoble Drive to Legacy Point; Acushnet Drive, generally from Weber Road to Saratoga Boulevard; Lipes Boulevard, generally from Airline Road to Bronx Drive; Grand Junction Drive, generally from Wapentate Drive to Cedar Pass Drive; Rodd Field Road, generally from Yorktown Boulevard to Adler Drive;Brooke Road,generally from Rodd Field Road to Ametrine Road;DS 5 Trail Connectivity principal of debt obligations to be authorized $89,500,000 estimated interest for the debt obligations to be authorized presuming an interest rate $56,113,889 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $145,613,889 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $554,005,000 as of the date the election was ordered,the estimated interest on all outstanding debt $193,623,754 obligations as of the date the election was ordered,the estimated combined principal and interest $747,628,754 required to pay on time and in full all outstanding debt obligations amortized over 20 ears estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;presumes growth in taxable value of-1.91%in 2025,2.00%in 2026-2029, 1.00%in 2030-2034 and 0.00%thereafter;and the assumed interest rate on the proposed debt obligations. C-1 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition B (Parks and Recreation): ❑FOR The issuance of bonds for designing,demolishing,constructing,renovating,improving, expanding and equipping park and recreational facilities in the aggregate principal amount not ❑ AGAINST to exceed$37,650,000 and levying a tax for the payment of principal and interest thereof,with priority given to the following: — Oso Golf Center Clubhouse — TC Ayers Aquatic Center — Labonte Park — Sherrill Veterans Memorial Park — Greenwood Sports Complex — St.Andrews Park — Cole Park — Commodores Park — Peary Place Park — Bill Witt Park — Dimmit Pier Boat Ramp principal of debt obligations to be authorized $37,650,000 estimated interest for the debt obligations to be authorized presuming an interest rate $23,569,292 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $61,219,292 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $554,005,000 as of the date the election was ordered,the estimated interest on all outstanding debt $193,623,754 obligations as of the date the election was ordered,the estimated combined principal and interest $747,628,754 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;presumes growth in taxable value of-1.91%in 2025,2.00%in 2026-2029, 1.00%in 2030-2034 and 0.00%thereafter;and the assumed interest rate on the proposed debt obligations. C-2 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition C (Public Safety): ❑FOR The issuance of bonds for designing,demolishing,constructing,renovating,improving, expanding,upgrading and equipping public safety facilities in the aggregate principal amount ❑ AGAINST not to exceed $45,000,000 and levying a tax for the payment of principal and interest thereof, with priority given to the following: — Corpus Christi Fire Station#8 — Corpus Christi Fire Station#9 — Corpus Christi Fire Station#10 — Corpus Christi Fire Station#11 — Corpus Christi Police Substation—Far South — Corpus Christi Police Substation-Northwest — Corpus Christi Police Substation—South/Central principal of debt obligations to be authorized $45,000,000 estimated interest for the debt obligations to be authorized presuming an interest rate $28,165,500 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $73,165,500 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $554,005,000 as of the date the election was ordered,the estimated interest on all outstanding debt $193,623,754 obligations as of the date the election was ordered,the estimated combined principal and interest $747,628,754 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;presumes growth in taxable value of-1.91%in 2025,2.00%in 2026-2029, 1.00%in 2030-2034 and 0.00%thereafter;and the assumed interest rate on the proposed debt obligations. C-3 VOTER INFORMATION DOCUMENT City of Corpus Christi, Texas Proposition D (Cultural Facilities): ❑FOR The issuance of bonds for designing, demolishing, constructing, renovating, improving, expanding,upgrading and equipping cultural facilities in the aggregate principal amount not to ❑ AGAINST exceed$2,850,000 and levying a tax for the payment of principal and interest thereof,withpriority given to the following: — Community/Senior Center Facility(including a public library) — Historical Houses in Heritage Park principal of debt obligations to be authorized $2,850,000 estimated interest for the debt obligations to be authorized presuming an interest rate $1,722,958 of 5.00% estimated combined principal and interest required to pay on time and in full the debt $4,572,958 obligations to be authorized amortized over 20 years as of the date the election was ordered,principal of all outstanding debt obligations $554,005,000 as of the date the election was ordered,the estimated interest on all outstanding debt $193,623,754 obligations as of the date the election was ordered,the estimated combined principal and interest $747,628,754 required to pay on time and in full all outstanding debt obligations amortized over 20 years estimated maximum annual increase in the amount of taxes on a residence homestead $0.00 with an appraised value of$100,000 to repay the debt obligations to be authorized,if approved This figure assumes the amortization of the City's debt obligations,including outstanding debt obligations and the proposed debt obligation;presumes growth in taxable value of-1.91%in 2025,2.00%in 2026-2029, 1.00%in 2030-2034 and 0.00%thereafter;and the assumed interest rate on the proposed debt obligations. C-4 PROPOSED FINAL BOND 2024 BOND PROGRAM BOD. ND PRESENTATION 2024 (ABBREVIATED) $175 MILLION INVESTMENT uo RECENT G.O. BOND PROGRAMS Bond 2022 Bond 2024 Streets $92.5 M Streets $89.5 M Parks $20 M Parks $37.65 M Public Safety $10 M Public Safety $45 M Cultural Facilities $0 M Cultural Facilities $0.85 M Public Libraries $2.5 M Public Libraries $2 M Total $125 M Total $175 M j BOND 2024 PROGRAM SUMMARY Proposition Number of Projects Total Allocation ($)Total Allocation (%) Streets 18 $89.5M 51% Parks 11 $37.65M 22% Public Safety 7 $45M 26% Cultural Facilities 2 $2.85M 2% Tota 1 38 $175 M 100% Bond 2024 can be accomplished with no city property tax rate increase STREETS PROJECTS BOND 2024 — Street Projects - Citywide Street Name From To Bond 2024 Amounts Project Scope North Beach Road Funding needed in addition to Bond 2018 funds to Improvements $ 3 million construct Beach Avenue and Gulfspray Avenue connecting to Causeway Resurfacing to neighborhood streets selected from Neighborhood Streets N/A N/A $ 35 million the City's approved 5-Year Infrastructure Management Program. Total Funds for Citywide Streets $ 38 million BOND 2024 — Street Projects - Council District 1 Street Name From To Bond 2024 Amounts project Scope (Streets+Storm) Reconstruction of TxDOT facility with new pavement,curb and gutters,sidewalk with ADA Rand Morgan(Design only) McNorton IH 37 $ 3 million compliant curb ramps,signage, pavement markings,upgrade street illumination,utility improvements and drainage improvements as needed. Match funds to cover the construction of storm Sam Rankin Port IH 37 $ 2.5 million drainage improvements.The project is being leveraged with$8.5 million grant secured by the Port of Corpus Christi. Total Funds for Council District 1 $ 5.5 million BOND 2024 — Street Projects - Council District 2 Street Name From To Bond 2024 Amounts project Scope (Streets+Storm) Reconstruction of existing service road including South Staples Access Road Annapolis Kostoryz $ 6 million sidewalks,installation of ADA compliant curb ramps, upgrade lighting as needed Total Funds for Council District 2 $ 6 million BOND 2024 — Street Projects - Council District 3 Bond 2024 Street Name From To Amounts Project Scope (Streets+Storm) Reconstruction of existing roadway with new pavement,curb and gutters,sidewalk with ADA Allencrest(Design only) Ayers Dead End $ 2 million compliant curb ramps,signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. Reconstruction of existing roadway with new pavement,curb and gutters,sidewalk with ADA Schanen (Design only) Weber Everhart $ 2 million compliant curb ramps,signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. Total Funds for Council District 3 $ 4 million t BOND 2024 — Street Projects - Council District 4 Bond 2024 Street Name From To Amounts Project Scope (Streets+ Storm) Reconstruction of existing roadway with new pavement, Holly Road curb and gutters,sidewalk with ADA compliant curb (Construction Only) Ennis Joslin Paul Jones $ 11 million ramps,signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. Reconstruction of existing roadway with new pavement, Graham Road curb and gutters,sidewalk with ADA compliant curb (Design only) Flour Bluff Waldron $3 million ramps,signage, pavement markings, upgrade street illumination, utility improvements and drainage improvements as needed. Armitage,Audobon, Riata, Reconstruction of all existing streets in subdivision with Tara Subdivision Riata Circle, Richland, $3.7 million ditch section road Rosedown Additional funding to design,environmental permitting JFK causeway $ 1 million and construction of parking lot under the TXDOT JFK Bridge Total Funds for Council District 4 $ 18.7 million BOND 2024 — Street Proi Us - Council District 5 Street Name From To Bond 2024 Amounts Project Scope (Streets+Storm) Reconstruction of existing roadway with new pavement,curb and Cimarron(Design gutters,sidewalk with ADA compliant curb ramps,signage,pavement only) Bison/Grenoble Legacy Point $ 3.3 million markings,g upgrade street illumination,utility improvements and drainage improvements as needed. Reconstruction of existing roadway with new pavement,curb and Acushnet(Design gutters,sidewalk with ADA compliant curb ramps,signage,pavement only) Weber Saratoga $ 2.5 million markings,upgrade street illumination,utility improvements and drainage improvements as needed. Rehabilitation/reconstruction of existing roadway with new pavement, Lipes(Design only) Airline Bronx $ 2.5 million curb and gutters,sidewalk with ADA compliant curb ramps,signage, pavement markings,upgrade street illumination,utility improvements and drainage improvements as needed. Rehabilitation/reconstruction of existing roadway with new pavement, Grand Junction curb and gutters,sidewalk with ADA compliant curb ramps,signage, onl Wapentate Cedar Pass $ 2.5 million pavement markings,(Design y) p g ,upgrade street illumination,utility improvements and drainage improvements as needed. Rodd Field(Design only) Yorktown Adler $ 2.5 million Design of the remaining 2 lanes of Rodd Field Rehabilitation/reconstruction of existing roadway with new pavement, Brooke(Design only) Rodd Field Ametrine $ 2.5 million paved shoulder,multi use shared path,lighting improvements and drainage improvements as needed. To connect the missing portions of the trail to facilitate pedestrian safe DS 5 Trail Connectivity $ 1.5 million pathways in the district. 10 Total Funds for Council District 5 $ 17.3 million PARKS PROJECTS BOND 2024 — Parks and Recreation Projects — Citywide Projects Bond 2024 Project Description Amounts Construction of club house approximately 10,000 Oso Golf Center— Club House sq/ft in size and 2 stories high. The club house will Replacement $ 10 million include locker rooms, pro shop, rooms, patio, snack bar, kitchen, and lounge Total Funds for Citywide Parks $ 10 million BOND 2024 — Parks and Recreation Projects — Council District 1 Projects Bond 2024 Project Description Amounts Hill Crest Neighborhood pool to meet FHWA TC Ayers Aquatic Center $ 4.5 million compliance and facilitate the completion of Harbor Bridge. TxDOT participation $5.5 million Labonte Park Expansion $ 3.15 million Construction of one baseball and softball field with gravel parking lot Construction of Sherrill Veterans Memorial Park Sherrill Veterans Memorial Park $ 3 million helicopter pad and the design of new memorials, event and reflection spaces, shading, pathways, seating, signage, landscaping, and lighting Total Funds for Council District 1 $10.65 million BOND 2024 — Parks and Recreation Projects - Council District 2 Projects Bond 2024 Project Description Amounts Phased design and construction of Cole Park Cole Park Parking Lot Improvements $ 1 million parking lot to accommodate increased traffic as a result of additional amenities added to the park Total Funds for Council District 2 $ 1 million BOND 2024 — Parks and Recreation Projects - Council District 3 Projects Bond 2024 Project Description Amounts Additional funding to complete the remaining Greenwood Baseball Complex improvements from Bond 2022. Phase I of this Renovation $ 2.75 million project was funded with $4.75 million in Bond 2022 and is currently in design. Design and construction of concrete trail all St. Andrews Park $ 2.5 million around the park with walking trail connecting to playground, workout stations along the trail, pour and play for the swing sets and ADA improvements as needed Total Funds for Council District 3 $ 5.25 million BOND 2024 — Parks and Recreation Projects - Council District 4 Projects Bond 2024 Project Description Amounts Design and construction of phase 1A . Parking lot with lighting, concrete trail/sidewalk, workout stations, Commodores Park Improvements $5 million shallow bird pond, covered pavilion, birding pergola, playground, and pickleball courts with fencing and lighting. Peary Place Improvements $2 million Construction of two baseball and two softball field with gravel parking lot Dimmit Pier Boat Ramp $1 million Design of the boat ramp (Design) Total Funds for Council District 4 $8 million BOND 2024 — Parks and Recreation Projects - Council District 5 Projects Bond 2024 Amounts Project Description Phased design and construction of Bill Witt Bill Witt Park Improvements $ 2.75 million Park access roads, parking lots, repaving, and perimeter fencing. Total Funds for Council District 5 $2.75 million PUBLIC SAFETY PROJECTS BOND 2024 — Public Safety - Fire Projects Council Bond 2024 Facility Location Project Description District Amounts 3 Fire Station 10 Replacement 1550 Horne $ 12.5 million Construction and demolition of Fire Station 10 New FS CD Construction and demolition 3 Fire Station 8 Replacement 4645 Kostoryz $ 12.5 million of Fire Station 8 Fire Station 9 (Design only) Land Acquisition and Design 1 Located at 501 Navigation Blvd TBD $ 2.5 million of Fire Station 9 Fire Station 11 (Design only) Land Acquisition and Design 4 Located at 910 Airline Rd TBD $ 2.5 million of Fire Station 11 Total Funds for Bond 2024 Fire $ 30 million BOND 2024 — Public Safety - Police Projects Council District Facility Location Bond 2024 Project Description Amounts Northwest Police Sub-Station Construction of Northwest 1 (Construction only) West Guth Park $ 9 million Police Sub-Station Far South Police Sub-Station Additional funds for 5 (Construction only) Delmar Campus $ 5 million construction of Far South Police Sub-Station Police Sub-Station Near La Palmera 2 $ 1 million Design only (Design only) Mall Total Funds for Bond 2024 Police $ 15 million CULTURAL FACILITIES PROJECTS BOND 2024 — Cultural Facilities Projects Council Bond 2024 District Facility Location Amounts Project Description Library and Community/Senior Design only for Library 5 Center (Design only) To be determined $ 2 million and Community/Senior Center Lichenstein House, Little Martins Design and construction 1 House and Tex-Mex Rail Road Heritage Park $ 0.85 million of the building House improvements Total Funds for Bond 2024 Facilities $ 2.85 million �s BALLOT LANGUAGE PROPOSITION A (STREETS) � � 3 The issuance of bonds for designing,demolishing,constructing,renovating,improving, reconstructing,restructuring,extending and making permanent street,sidewalk, drainage and any related improvements in the aggregate principal amount not to exceed$89,500,000,and levying a tax for the payment of principal and interest thereof,with priority given to the following: • Residential Streets;North Beach Road Improvements,including Beach Avenue and Gulfspray Avenue;Rand Morgan Road,generally from McNorton Road to Interstate 37;Sam Rankin Road,generally from Port Avenue to Interstate 37; South Staples Access Road,generally from Annapolis Drive to Kostoryz Road; Allencrest Drive,generally from Ayers Street to deadend;Schanen Boulevard, generally from Weber Road to Everhart Road;Holly Road,generally from Ennis Joslin Road to Paul Jones Avenue;Graham Road,generally from Flour Bluff Drive to Waldron Road;Tara Subdivision,including Armitage Drive,Audobon Drive,Riata Drive,Riata Circle,Richland Street,Rosedown Drive;JFK Causeway _ Access Road and Parking Improvements;Cimarron Boulevard,generally from Bison Drive/Grenoble Drive to Legacy Point;Acushnet Drive,generally from Weber Road to Saratoga Boulevard;Lipes Boulevard,generally from Airline Road to Bronx Drive;Grand Junction Drive,generally from Wapentate Drive to ; Cedar Pass Drive;Rodd Field Road,generally from Yorktown Boulevard to Adler Drive;Brooke Road,generally from Rodd Field Road to Ametrine Road;DS 5 Trail Connectivity BALLOT LANGUAGE PROPOSITION B j (PARKS & RECREATION) 5 . The issuance of bonds for designing,demolishing,constructing,renovating,improving, SHERfiIL'_ expanding and equipping park and recreational facilities in the aggregate principal amount not to exceed$37,650,000 and levying a tax for the payment of principal and interest thereof, with priority given to the following: • Oso Golf Center Clubhouse • TC Ayers Aquatic Center • Labonte Park • Sherrill Veterans Memorial Park • Greenwood Sports Complex • St.Andrews Park • Cole Park • Commodores Park • Peary Place Park • e y • Bill Witt Park ofiNEmxsNxcJrcMamnox5` ,1,�' r AN • Dimmit Pier Boat Ramp BALLOT LANGUAGE PROPOSITION C y � �rs4'�-:•-a. _ (PUBLIC SAFETY) The issuance of bonds for designing,demolishing,constructing,renovating,improving,expanding, upgrading and equipping public safety facilities in the aggregate principal amount not to exceed �. V $45,000,000 and levying a tax for the payment of principal and interest thereof,with priority given to the following: • Corpus Christi Fire Station#8 • Corpus Christi Fire Station#9 • Corpus Christi Fire Station#10 • Corpus Christi Fire Station#11 111011104r 's • Corpus Christi Police Substation—Far South • Corpus Christi Police Substation-Northwest r 0, t; • Corpus Christi Police Substation—South/Central BALLOT LANGUAGE = - PROPOSITION D _ =(CULTURAL FACILITIES) The issuance of bonds for designing,demolishing,constructing,renovating,improving, expanding,upgrading and equipping City cultural facilities in the aggregate principal amount not to exceed$2,850,000 and levying a tax for the payment of principal and interest thereof, with priority given to the following: -- • Community/Senior Center Facility(including a public library) • Historical Houses in Heritage Park — 6111dc Martin Lu Calendar and Next Steps Date Activity March—May 2024 Stakeholder Meeting and Community Engagement Meetings April 16,2024 Proposed Bond 2024 Briefing April 30,2024 Bond 2024 Program Council Workshop June 18,2024 Presentation of the refined list of Bond Projects to City Council June-September 2024 Continued Stakeholder Meeting and Community Engagement Meetings July 30,2024 Public Hearing of the Proposed Bond 2024 Program August 1,2024 Special Council Meeting to Approve Bond 2024 Project List August 13,2024 One Reading Ordinance—Calling Election for Bond 2024 November 5,2024 Election Day 27 Questions, Discussion, and Feedback so o N U NCORPo0.Pgo AGENDA MEMORANDUM 1852 One Reading Ordinance for the City Council Meeting on August 13, 2024 DATE: August 2, 2024 TO: City Manager Peter Zanoni Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Heather Hurlbert, CPA, CGFO - Assistant City Manager HeatherH3(a)cctexas.com (361) 826-3506 Calling a Special Election on November 5, 2024, to repurpose the expiring 1/8 of 1% Type A sales tax to Type B to provide funds for infrastructure improvements for the Downtown Seawall Flood Control Structures and other city-wide Flood Control, Drainage, and Coastal Resiliency Projects for a 20 year term CAPTION: One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent for financing the Downtown Seawall Flood Control structures including the maintenance and improvements to the entire seawall structure including the breakwater, salt flat levee, T and L Head land masses, Marina basin, and flood control pumps and other city-wide stormwater, flood control, drainage, and coastal resiliency projects; and allow the City to enter into a joint election agreement with Nueces County. SUMMARY: This ordinance will allow for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent for financing the Downtown Seawall Flood Control structures including the maintenance and improvements to the entire seawall structure including the breakwater, salt flat levee, T and L Head land masses, Marina basin, and flood control pumps and other city-wide stormwater, flood control, drainage, and coastal resiliency projects; and allow the City to enter into a joint election agreement with Nueces County. BACKGROUND AND FINDINGS: On February 27, 2024, City Council members discussed initial concepts and uses for the City Sales Tax Reauthorization. Staff developed potential baseline uses based on City Council dialogue from that meeting. A workshop for further discussion was conducted on May 8, 2024, to ensure consensus as well as understanding of the reauthorization, eligible projects, and the subsequent timeline. A briefing was also provided to the City Council at the June 18, 2024, meeting. Since the beginning of April, city staff have conducted 62 meetings and informational sessions with stakeholders ranging from the Chamber of Commerce to the Westside Business Association. In addition, a survey to collect community input closed on Sunday, June 23, 2024, and received a total of 2,206 responses. The survey results indicated strong support (86% of respondents) for use of the sales tax for downtown seawall protection/enhancements and city-wide flood protection. When asked to prioritize the two, city-wide flood control improvements were only slightly higher than downtown seawall protection. With this information, staff proposed the following project to the City Council at a Special City Council meeting on Thursday, August 1, 2024, and the City Council approved it to be added to the November election: • Repurposes the existing 1/8 cent to Type B sales and use tax for a 20-year term • Continue the use for the Downtown Seawall Flood Control Structures including maintenance and improvements to the entire seawall structure including the breakwater, salt flat levee, T and L Head land masses, Marina basin, and flood control pumps to protect the City's downtown businesses. • Exclude any vertical structures or amenities that do not support the items above or pertain to flood control. • Add City-wide flood control, drainage, stormwater, and coastal resiliency projects to create new or expand business enterprises. If the election to repurpose the 1/8 cent sales tax is successful, the repurposing of the 1/8 cent for the Downtown Seawall would not begin until the outstanding debt is retired. The estimated revenue generated by 1/8 cent of the local sales taxes is budgeted at $8.9M for FY25. Ballot language for Proposition F is as follows: CITY OF CORPUS CHRISTI PROPOSITION F (CITY-WIDE FLOOD CONTROL, DRAINAGE AND COASTAL RESILIENCY) Repurposing the expiring Type A sales and use tax of 1/8 of 1% (being 0.125 cents per $1) for seawall improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of 1% (being 0.125 cents per $1), with annual sales tax collections being used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to downtown seawall flood control structures and other City-wide flood control, drainage, stormwater, and coastal resiliency projects, as authorized by the Development Corporation Act and available to Type B corporations, to be imposed for 20 years. ALTERNATIVES: The Council could choose not to call an election or modify the proposition as proposed. FISCAL IMPACT: Based on the most recent actuals for the 2022 general election, paid in FY 2023, staff has budgeted a conservative amount of$300,000 for the special election. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Account: 530000 Professional Services Note: Will be paid in FY 2024. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement— Nueces County Presentation Draft ORDINANCE NO. ONE READING ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS TO REPURPOSE A LOCAL SALES AND USE TAX TO PROVIDE FUNDS FOR DOWNTOWN SEAWALL FLOOD CONTROL STRUCTURES AND OTHER CITY-WIDE FLOOD CONTROL, DRAINAGE AND COASTAL RESILIENCY PROJECTS; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION WHEREAS,the City Council (the Council)of the City of Corpus Christi, Texas(the City), located in Nueces, San Patricio, Aransas and Kleberg Counties, Texas, hereby finds and determines that an election should be held to establish whether the City will be authorized to repurpose a local sales and use tax as further described in this ordinance (the Election); and WHEREAS, the majority of registered voters voting in an election held on November 7, 2000 (the 2000 Election)authorized the City to adopt a sales and use tax at a rate of 1/8 of 1% (the Type A Sales Tax)for 25 years for the purpose of maintaining and operating the downtown Seawall as permitted by Section 4A, Texas Development Corporation Act of 1979 (Section 4A), now codified as Chapter 504, Texas Local Government Code (Chapter 504); and WHEREAS,the Type A Sales Tax is administered by the Corpus Christi Business and Job Development Corporation under Section 4A (the Type A Corporation); and WHEREAS, while the Type A Sales Tax will soon expire, Chapter 505, Texas Local Government Code (Chapter 505) permits the City to repurpose the Type A Sales Tax voted authorization through the abolition of the Type A Sales Tax and the adoption of a sales and use tax pursuant to Chapter 505 (the Type B Sales Tax) to be administered by the Corpus Christi B Corporation (the Type B Corporation); and WHEREAS,Chapter 505 further permits the City to submit to the electorate new categories of projects to be administered by the Type B Corporation under Chapter 505, including downtown seawall flood control structures and other City-wide flood control, drainage, stormwater, and coastal resiliency; and WHEREAS, the Council finds and determines that infrastructure improvement projects pertaining to City-wide flood control, drainage, stormwater, and coastal resiliency are necessary for the promotion and development of new and expanded business enterprises within the City; and WHEREAS, the Council hereby finds and determines that asking the electorate to repurpose the Type A Sales Tax for new purposes and duration as permitted by Chapter 505 and as detailed in the measure below is in the best interest of the public; and WHEREAS, should the electorate approve the changes proposed by the measure in this ordinance,the combined rate of all local sales and use taxes imposed by the City and other political subdivisions having territory in the City will not exceed 2%,in compliance with Section 327.004, Texas Tax Code; and WHEREAS, the City will contract with the county clerk of Nueces County (the County Clerk)to conduct all aspects of the Election; and WHEREAS,the City does not currently have registered voters in San Patricio, Aransas, or Kleberg Counties but, to the extent necessary, the City may also contract with these counties to conduct the Election; and WHEREAS, the Election may be held jointly with other political subdivisions (collectively, the Participants), as provided pursuant to an election services agreement, a joint election agreement,or similar contract between or among(as applicable)the City,any Participants, and the respective election officials of Nueces, San Patricio,Aransas or Kleberg Counties, entered into according to the Texas Election Code, as amended(the Code); and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the residents of the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Election shall be held in the City of Corpus Christi, Texas on November 5,2024(Election Day),which is a uniform election date under the Code not less than 78 days from the date of the adoption of this ordinance, for the purpose of submitting the following measure to the qualified voters of the City: CITY OF CORPUS CHRISTI MEASURE F (CITY-WIDE FLOOD CONTROL, DRAINAGE AND COASTAL RESILIENCY) Shall the City Council of Corpus Christi, Texas, be authorized to repurpose the expiring Type A sales and use tax of 1/8 of 1% (being 0.125 cents per $1) for seawall improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of I% (being 0.125 cents per $1), with annual sales tax collections being used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to downtown seawall flood control structures and other City-wide flood control, drainage, stormwater, and coastal resiliency projects, to be imposed for 20 years, to be administered by the Corpus Christi B Corporation under Chapter 505 of the Texas Local Government Code? SECTION 2.A. One or more City election precincts are hereby established for the purpose of holding the Election, and one or more polling places are hereby designated for holding the Election in the City election precincts as identified in Exhibit B to this ordinance (which will be approved and attached hereto, and incorporated herein, when such polling places are determined by Nueces County). In compliance with the Texas Election Code, the County Clerk will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election. The Mayor, the City Manager, City Secretary, or their designees can correct, modify, or change the Exhibits to this ordinance based upon the final locations and times agreed upon by the City,the County, and the Participants, if any and as applicable, to the extent permitted by applicable law. To the extent required by the Texas Election Code or other applicable law, the appointment of election officials at polling locations must include a person fluent in the Spanish language. The election will be conducted in accordance with applicable law. B. On Election Day, the polls shall be open as designated on Exhibit B. C. The main early voting location is designated in Exhibit A to this ordinance (which will be approved and attached hereto, and incorporated herein, when such voting location is determined by Nueces County). The individual named as the Early Voting Clerk as designated in Exhibit A is hereby appointed as the Early Voting Clerk to conduct such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerk. This main early voting locations and any branches shall remain open to permit early voting on the days and at the times as stated in Exhibit A. D. The County Clerk is authorized to establish an Early Voting Ballot Board for their respective counties and to designate the Presiding Judge of such Early Voting Ballot Board. The Presiding Judges of the Early Voting Ballot Board shall appoint two or more additional members to constitute their respective Early Voting Ballot Board members and, if needed, the Signature Verification Committee members required to efficiently process the early voting ballots. SECTION 3. Any legally permissible voting method may be used for early voting and Election Day voting by personal appearance, and when required by the Code, at least one accessible voting system per polling place will be provided. Certain early voting may be conducted by mail according to the Code. SECTION 4.The Council authorizes the County Clerk to utilize a Central Counting Station (the Station) as provided by the Code. The County Clerk, or designee thereof, is hereby appointed as the Manager of the Station who will establish a written plan for the orderly operation of the Station according to the Code. The Council authorizes the County Clerk, or the designee thereof, to appoint the Presiding Judge,the Tabulation Supervisor, and the Programmer of the Station and may appoint Station clerks as needed or desirable. The County Clerk will publish (or cause to be published)notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks according to the Code. SECTION 5. The official ballot shall be prepared according to the Code to permit voters to vote"FOR" or"AGAINST"the aforesaid measure which shall appear on the ballot substantially as follows: CITY OF CORPUS CHRISTI MEASURE F (CITY-WIDE FLOOD CONTROL, DRAINAGE AND COASTAL RESILIENCY) Repurposing the expiring Type A sales and use tax of 1/8 of I% (being 0.125 cents per$1) for seawall improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of 1% (being 0.125 cents per $1), with annual sales tax collections being used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to downtown seawall flood control structures and other City-wide flood control, drainage, stormwater, and coastal resiliency projects, as authorized by the Development Corporation Act and available to Type B corporations, to be imposed for 20 years. SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the Texas Election Code and as may be required by other law. To the extent required by law, materials and proceedings relating to the Election shall be printed in both English and Spanish. SECTION 7.Notice of election, including a Spanish translation thereof, shall be published in a newspaper of general circulation in the City not more than 30 nor less than 10 days before Election Day.Moreover,notice of election,including a Spanish translation thereof,shall be posted not less than 21 days before Election Day on the electronic bulletin board used for posting notices of Council meetings and on the City's internet website. SECTION 8. The Council has authorized the City Manager, Assistant City Manager, City Secretary, or their respective designees to negotiate and enter into one or more joint election agreements, election service contracts, and/or similar contracts or agreements with the Nueces County, acting by and through the County Clerk, and any Participants if desired or required to comply with applicable law, as permitted and in accordance with the Texas Election Code. In addition,the Council authorizes the City Manager,Assistant City Manager,City Secretary,or their respective designees to make such technical modifications to this ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the Council, as evidenced herein. SECTION 9. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 10. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters ordained herein. SECTION 11. This ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 12. It is officially found, determined, and declared that the meeting at which this ordinance 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 ordinance,was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 14. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City's affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 13th day of August, 2024. Corpus Christi, Texas day of , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guajardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guaj ardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley PASSED AND ADOPTED on August 13, 2024. CITY OF CORPUS CHRISTI, TEXAS Paulette Guajardo Mayor ATTEST: Rebecca Huerta City Secretary (CITY SEAL) [Signature Page to ordinance Calling a Special Election] _s o�Q US cy,P `►852 Sales Tax Reauthorization August 13, 2024 Local Sales Tax City of Corpus Christi residents and visitors currently pay the maximum 8.25 cents per $1 of certain goods and services for sales and use tax. Of this, 6.25 cents is allocated to the state and up to 2 cents is used for local purposes Entity Use Allocation Expiration Estimated FY 24 Collections State of Texas State Operations 6.25 cents None $445.OM CCRTA Transportation 1/2 of 1 cent None $ 35.6M City of Corpus Christi City Operations 1 cent None $ 71.2M City of Corpus Christi Type A-Improvements to the Downtown Seawall 1/8 of 1 cent March 2026 $ 8.9M City of Corpus Christi Type A-Multipurpose arena 1/8 of 1 cent Sept 2025 $ 8.9M City of Corpus Christi Type B-Economic development,affordable housing,streets 1/8 of 1 cent April 2038 $ 8.9M City of Corpus Christi Corpus Christi Crime Control District 1/8 of 1 cent March 2028 $ 8.9M 2 Proposition E Allocation of the annual revenue to each: Proposed Ballot Lan2ua2e for Proposition E: ➢ 50%-Streets-Arterial and Collector Projects Repurposing the expiring Type A sales and use tax of 1/8 ➢ 50%-Community and Recreation Facilities including: of 1%(being 0.125 cents per$1)for arena improvements by the adoption of a Type B sales and use tax at the rate of • American Bank Center Complex including the arena,convention 1/8 of 1%(being 0.125 cents per$1),with annual sales tax center,& Selena Auditorium collections being allocable in the indicated percentages to • City-owned facilities located in the Sports,Entertainment, and be used for promotion and development of new and Arts(SEA)District limited to the Corpus Christi Museum of expanded business enterprises limited to infrastructure Science and History,the Art Museum of South Texas,the Texas improvement projects pertaining to City-wide arterial and State Museum of Asian Cultures and Education Center,the collector streets(50%)and the city-owned recreational and Harbor Playhouse, and the Water Garden community facilities within the Sports,Entertainment and I Arts District(to wit:the Corpus Christi Museum of Science and History,the Art Museum of South Texas,the Texas State Museum of Asian Cultures and Education _ Center,the Harbor Playhouse, and the Water Garden)and - = - the Selena Auditorium,the Convention Center,and the Arena(50%),each as authorized by the Development Corporation Act and available to Type B corporations,to y F t_ - be imposed for 20 years. Proposed Arterial and Collector Projects Street Project Project Cost Lower Broadway $10.OM Yorktown (Design) 4.OM Alameda (Design) 3.5M Alameda (Construction) 17.OM Sam Rankin (Construction) 0.5M Total $35.OM Once these projects have been designed and constructed, additional projects will be identified and brought to the Type B Board and City Council for approval with the goal of funding Arterial and Collector street projects with this sales tax and utilizing the bond program for neighborhood projects. Proposition F ➢ Continue the use for the Downtown Seawall Flood Control structures including maintenance and Proposed Ballot Lan2na2e for Proposition F: improvements to the entire seawall structure including Repurposing the expiring Type A sales and use tax of 1/8 of 1%(being 0.125 cents per$1)for seawall the breakwater, salt flat levee, T and L Head land improvements by the adoption of a Type B sales and use masses, Marina basin and flood control pumps to tax for the promotion and development of new and protect the City's downtown businesses expanded business enterprises limited to infrastructure Excludes any vertical structures or amenities that do not improvement projects pertaining to downtown seawall ■ support the items above or pertain to flood control. flood control structures and other City-wide flood control, drainage, stormwater,and coastal resiliency,as authorized ➢ Add City-wide stormwater, flood control, drainage, by the Development Corporation Act and available to Type B corporations,to be imposed for 20 years. and coastal resiliency projects to expand or create new business areas OIL" Possible Capital Projects 2 1-FM 624 2-Turkey Creek ' 3-Clarkwood Ditch/Oso Tributary 4-North Beach Linear Canal Phase 2 and other Coastal Resiliency&Flood Control Projects" M1lu:c 5-Corpus Christi Bay Erosion Mitigation 6-Williams Ditch 7- Oso Creek F,A� 06)- Calendar and Next Steps DATE ACTIVITY February 27, 2024 Discussion at City Council Meeting to set baseline March—April 2024 Discussions with Stakeholders and Community Partners May 8, 2024 City Council Workshop May 2024 Community Engagement Meetings and Community Survey June 2024 Refinement of proposed uses for the Sales Tax Reauthorization June 18, 2024 Presentation to City Council to discuss final recommendation for sales tax uses June 23, 2024 Citizen Survey Closes July-August 2024 Continued Community Engagement and Education July 30, 2024 Presentation&Public Hearing on Sales Tax Reauthorization Projects August 1, 2024 Special Council Meeting to Establish Projects for Sales Tax Reauthorization August 13, 2024 Vote to call election for sales tax reauthorization November 5, 2024 Election Day l Questions, Discussion, and Feedback so o N U NCORPo0.Pgo AGENDA MEMORANDUM 1852 One Reading Ordinance for the City Council Meeting on August 13, 2024 DATE: August 2, 2024 TO: City Manager Peter Zanoni Mayor and Council FROM: Rebecca L. Huerta, City Secretary RebeccaH@cctexas.com (361) 826-3105 Heather Hurlbert, CPA, CGFO - Assistant City Manager HeatherH3(a)cctexas.com (361) 826-3506 Calling a Special Election on November 5, 2024, to repurpose the expiring 1/8 of 1% Type A sales tax to Type B to provide funds for infrastructure improvements to Citywide Arterial and Collector Streets and select City-owned Recreational and Community Facilities within the Sports, Entertainment, and Arts (SEA) District and the Selena Auditorium, Convention Center, and Arena for a 20 year term CAPTION: One reading ordinance calling for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent by allocating 50% of the annual sales tax collections to financing infrastructure improvements to City- wide Arterial and Collector street projects and 50% of the annual sales tax collection for improvements to city-owned recreation and community facilities within the Sports, Entertainment, and Arts (SEA) District (The Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena ; and allow the City to enter into a joint election agreement with Nueces County. SUMMARY: This ordinance will allow for a special election to be held on November 5, 2024 to repurpose the expiring Type A sales tax funding to Type B sales tax funding utilizing an existing 1/8 cent by allocating 50% of the annual sales tax collections to financing infrastructure improvements to City- wide Streets-Arterial and Collector projects and 50% of the annual sales tax collection for improvements to city-owned recreation and community facilities within the Sports, Entertainment, and Arts (SEA) District (to wit: Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena ; and allow the City to enter into a joint election agreement with Nueces County. BACKGROUND AND FINDINGS: On February 27, 2024, City Council members discussed initial concepts and uses for the City Sales Tax Reauthorization. Staff developed potential baseline uses based on City Council dialogue from that meeting. A workshop for further discussion was conducted on May 8, 2024, to ensure consensus as well as understanding of the reauthorization, eligible projects, and the subsequent timeline. A briefing was also provided to the City Council at the June 18, 2024, meeting. Since the beginning of April, city staff have conducted 62 meetings and informational sessions with stakeholders ranging from the Chamber of Commerce to the Westside Business Association. In addition, a survey to collect community input closed on Sunday, June 23, 2024, and received a total of 2,206 responses. The survey results indicated support for street improvements and use of the sales tax for the proposed American Bank Center Complex and SEA District facilities, with the American Bank Center chosen as the highest priority of the facilities listed. With this information, staff proposed four eligible uses to the City Council at a Special City Council meeting on Thursday, August 1, 2024. The City Council approved the proposed project#1 D which includes: • Repurposes the existing 1/8 cent to Type B sales and use tax for a 20-year term • 50% allocation of the annual sales tax collections for: o City-wide Streets-Arterial and Collector Projects • 50% allocation for City-owned recreational and community facilities including: o The American Bank Center Complex including the Arena, Convention Center, and Selena Auditorium. o Facilities located in the Sports, Entertainment, and Arts (SEA) District (e.g. the Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden). If the election to repurpose the 1/8 cent sales tax is successful, the repurposing of the 1/8 cent for the Arena would not begin until the outstanding debt is retired. The estimated revenue generated by 1/8 cent of the local sales taxes is budgeted at $8.9M for FY25. Ballot language for Proposition E is as follows: CITY OF CORPUS CHRISTI PROPOSITION E (STREETS-ARTERIAL AND COLLECTOR AND COMMUNITY AND RECREATIONAL FACILITIES) Repurposing the expiring Type A sales and use tax of 1/8 of 1% (being 0.125 cents per $1) for arena improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of 1% (being 0.125 cents per $1), with annual sales tax collections being allocable in the indicated percentages to be used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to City-wide arterial and collector streets (50%) and the city-owned recreational and community facilities within the Sports, Entertainment and Arts District (to wit: the Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, and the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena (50%), each as authorized by the Development Corporation Act and available to Type B corporations, to be imposed for 20 years. ALTERNATIVES: The Council could choose not to call an election or modify the proposition as proposed. FISCAL IMPACT: Based on the most recent actuals for the 2022 general election, paid in FY 2023, staff has budgeted a conservative amount of$300,000 for the special election. Funding Detail: Fund: 1020 Organization/Activity: 10020 City Secretary's Office Account: 530000 Professional Services Note: Will be paid in FY 2024. RECOMMENDATION: Approval of the ordinance. SUPPORTING DOCUMENTS: Ordinance Joint Election Agreement— Nueces County Presentation Draft ORDINANCE NO. ONE READING ORDINANCE CALLING A SPECIAL ELECTION TO BE HELD IN THE CITY OF CORPUS CHRISTI, TEXAS TO REPURPOSE A LOCAL SALES AND USE TAX TO PROVIDE FUNDS FOR CITY-WIDE ARTERIAL AND COLLECTOR STREET PROJECTS, AND CITY-OWNED RECREATIONAL AND COMMUNITY FACILITIES WITHIN THE SPORTS, ENTERTAINMENT AND ARTS DISTRICT AND THE SELENA AUDITORIUM, CONVENTION CENTER, AND ARENA; MAKING PROVISION FOR THE CONDUCT OF THE ELECTION; AND RESOLVING OTHER MATTERS RELATED TO SUCH ELECTION WHEREAS,the City Council(the Council)of the City of Corpus Christi, Texas(the City), located in Nueces, San Patricio, Aransas and Kleberg Counties, Texas, hereby finds and determines that an election should be held to establish whether the City will be authorized to repurpose a local sales and use tax as further described in this ordinance (the Election); and WHEREAS, the majority of registered voters voting in an election held on November 7, 2000 (the 2000 Election)authorized the City to adopt a sales and use tax at a rate of 1/8 of 1% (the Type A Sales Tax) for 25 years for the purpose of maintaining and operating the City's Multipurpose Arena as permitted by Section 4A, Texas Development Corporation Act of 1979 (Section 4A), now codified as Chapter 504, Texas Local Government Code (Chapter 504); and WHEREAS,the Type A Sales Tax is administered by the Corpus Christi Business and Job Development Corporation under Section 4A (the Type A Corporation); and WHEREAS, while the Type A Sales Tax will soon expire, Chapter 505, Texas Local Government Code (Chapter 505) permits the City to repurpose the Type A Sales Tax voted authorization through the abolition of the Type A Sales Tax and the adoption of a sales and use tax pursuant to Chapter 505 (the Type B Sales Tax) to be administered by the Corpus Christi B Corporation (the Type B Corporation); and WHEREAS,Chapter 505 further permits the City to submit to the electorate new categories of projects to be administered by the Type B Corporation under Chapter 505, including: (a) City- wide arterial and collector streets projects; and (b) City-owned recreational and community facilities within the Sports Entertainment and Arts District (to wit: Corpus Christi Museum of Science and History, the Art Museum of South Texas,the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena; and WHEREAS, the Council finds and determines that infrastructure improvement projects pertaining to City-wide arterial and collector streets are necessary for the promotion and development of new and expanded business enterprises within the City; and WHEREAS, the Council finds and determines that infrastructure improvement projects pertaining to City-owned recreational and community facilities within the Sports Entertainment and Arts District(to wit: Corpus Christi Museum of Science and History,the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena qualify as projects under Chapter 505; and WHEREAS, the Council hereby finds and determines that asking the electorate to repurpose the Type A Sales Tax for new purposes and duration as permitted by Chapter 505 and as detailed in the measure below is in the best interest of the public; and WHEREAS, should the electorate approve the changes proposed by the measure in this ordinance,the combined rate of all local sales and use taxes imposed by the City and other political subdivisions having territory in the City will not exceed 2%,in compliance with Section 327.004, Texas Tax Code; and WHEREAS, the City will contract with the county clerk of Nueces County (the County Clerk)to conduct all aspects of the Election; and WHEREAS,the City does not currently have registered voters in San Patricio, Aransas, or Kleberg Counties but, to the extent necessary, the City may also contract with these counties to conduct the Election; and WHEREAS, the Election may be held jointly with other political subdivisions (collectively, the Participants), as provided pursuant to an election services agreement, a joint election agreement,or similar contract between or among(as applicable)the City,any Participants, and the respective election officials of Nueces, San Patricio,Aransas or Kleberg Counties, entered into according to the Texas Election Code, as amended(the Code); and WHEREAS, the Council hereby finds and determines that the actions hereinbefore described are in the best interests of the residents of the City; now,therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The Election shall be held in the City of Corpus Christi, Texas on November 5,2024(Election Day),which is a uniform election date under the Code not less than 78 days from the date of the adoption of this ordinance, for the purpose of submitting the following measure to the qualified voters of the City: CITY OF CORPUS CHRISTI MEASURE E (STREETS - ARTERIAL AND COLLECTOR, AND RECREATIONAL AND COMMUNITY FACILITIES) Shall the City Council of Corpus Christi, Texas, be authorized to repurpose the expiring Type A sales and use tax of 1/8 of 1% (being 0.125 cents per$1)for arena improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of 1% (being 0.125 cents per$1), with annual sales tax collections being allocable in the indicated percentages to be used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to City-wide arterial and collector streets (50%) and the city-owned recreational and community facilities within the Sports Entertainment and Arts District (to wit: Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena (50%), to be imposed for 20 years, to be administered by the Corpus Christi B Corporation under Chapter 505 of the Texas Local Government Code? SECTION 2. A. One or more City election precincts are hereby established for the purpose of holding the Election, and one or more polling places are hereby designated for holding the Election in the City election precincts as identified in Exhibit B to this ordinance (which will be approved and attached hereto, and incorporated herein, when such polling places are determined by Nueces County). In compliance with the Texas Election Code, the County Clerk will identify and formally approve the appointment of the Presiding Judges, Alternate Presiding Judges, Election Clerks, and all other election officials for the Election. The Mayor, the City Manager, City Secretary, or their designees can correct, modify, or change the Exhibits to this ordinance based upon the final locations and times agreed upon by the City,the County, and the Participants, if any and as applicable, to the extent permitted by applicable law. To the extent required by the Texas Election Code or other applicable law, the appointment of election officials at polling locations must include a person fluent in the Spanish language. The election will be conducted in accordance with applicable law. B. On Election Day, the polls shall be open as designated on Exhibit B. C. The main early voting location is designated in Exhibit A to this ordinance (which will be approved and attached hereto, and incorporated herein, when such voting location is determined by Nueces County). The individual named as the Early Voting Clerk as designated in Exhibit A is hereby appointed as the Early Voting Clerk to conduct such early voting in the Election. The Early Voting Clerk shall appoint the Deputy Early Voting Clerk. This main early voting locations and any branches shall remain open to permit early voting on the days and at the times as stated in Exhibit A. D. The County Clerk is authorized to establish an Early Voting Ballot Board for their respective counties and to designate the Presiding Judge of such Early Voting Ballot Board. The Presiding Judges of the Early Voting Ballot Board shall appoint two or more additional members to constitute their respective Early Voting Ballot Board members and, if needed, the Signature Verification Committee members required to efficiently process the early voting ballots. SECTION 3. Any legally permissible voting method may be used for early voting and Election Day voting by personal appearance, and when required by the Code, at least one accessible voting system per polling place will be provided. Certain early voting may be conducted by mail according to the Code. SECTION 4. The Council authorizes the County Clerk to utilize a Central Counting Station (the Station) as provided by the Code. The County Clerk, or designee thereof, is hereby appointed as the Manager of the Station who will establish a written plan for the orderly operation of the Station according to the Code. The Council authorizes the County Clerk, or the designee thereof, to appoint the Presiding Judge, the Tabulation Supervisor, and the Programmer of the Station and may appoint Station clerks as needed or desirable. The County Clerk will publish (or cause to be published)notice and conduct testing on the automatic tabulation equipment relating to the Station and conduct instruction for the officials and clerks according to the Code. SECTION 5. The official ballot shall be prepared according to the Code to permit voters to vote"FOR" or"AGAINST"the aforesaid measure which shall appear on the ballot substantially as follows: CITY OF CORPUS CHRISTI MEASURE E (STREETS - ARTERIAL AND COLLECTOR, AND COMMUNITY AND RECREATIONAL FACILITIES) Repurposing the expiring Type A sales and use tax of 1/8 of 1% (being 0.125 cents per $1) for arena improvements by the adoption of a Type B sales and use tax at the rate of 1/8 of 1% (being 0.125 cents per $1), with annual sales tax collections being allocable in the indicated percentages to be used for promotion and development of new and expanded business enterprises limited to infrastructure improvement projects pertaining to City-wide arterial and collector streets (50%) and the city-owned recreational and community facilities within the Sports, Entertainment and Arts District (to wit: Corpus Christi Museum of Science and History, the Art Museum of South Texas, the Texas State Museum of Asian Cultures and Education Center, the Harbor Playhouse, the Water Garden) and the Selena Auditorium, the Convention Center, and the Arena (50%), each as authorized by the Development Corporation Act and available to Type B corporations, to be imposed for 20 years. SECTION 6. All resident qualified voters of the City shall be permitted to vote at the Election, and on Election Day, such voters shall vote at the designated polling places. The Election shall be held and conducted in accordance with the Texas Election Code and as may be required by other law. To the extent required by law, materials and proceedings relating to the Election shall be printed in both English and Spanish. SECTION 7.Notice of election, including a Spanish translation thereof, shall be published in a newspaper of general circulation in the City not more than 30 nor less than 10 days before Election Day.Moreover,notice of election,including a Spanish translation thereof,shall be posted not less than 21 days before Election Day on the electronic bulletin board used for posting notices of Council meetings and on the City's internet website. SECTION 8. The Council has authorized the City Manager, Assistant City Manager, City Secretary, or their respective designees to negotiate and enter into one or more joint election agreements, election service contracts, and/or similar contracts or agreements with the Nueces County, acting by and through the County Clerk, and any Participants if desired or required to comply with applicable law, as permitted and in accordance with the Texas Election Code. In addition,the Council authorizes the City Manager,Assistant City Manager, City Secretary, or their respective designees to make such technical modifications to this ordinance that are necessary for compliance with applicable Texas or federal law or to carry out the intent of the Council, as evidenced herein. SECTION 9. The recitals contained in the preamble hereof are hereby found to be true, and such recitals are hereby made a part of this ordinance for all purposes and are adopted as a part of the judgment and findings of the Council. SECTION 10. All ordinances and resolutions, or parts thereof, which are in conflict or inconsistent with any provision of this ordinance are hereby repealed to the extent of such conflict, and the provisions of this ordinance shall be and remain controlling as to the matters ordained herein. SECTION 11. This ordinance shall be construed and enforced in accordance with the laws of the State of Texas and the United States of America. SECTION 12. It is officially found, determined, and declared that the meeting at which this ordinance 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 ordinance,was given, all as required by Chapter 551, as amended, Texas Government Code. SECTION 13. If any provision of this ordinance or the application thereof to any person or circumstance shall be held to be invalid, the remainder of this ordinance and the application of such provision to other persons and circumstances shall nevertheless be valid, and this Council hereby declares that this ordinance would have been enacted without such invalid provision. SECTION 14. Upon written request of the Mayor or five City Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City's affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this 13th day of August, 2024. Corpus Christi, Texas day of , TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council. Respectfully, Respectfully, Paulette Guaj ardo Mayor Council Members The above ordinance was passed by the following vote: Paulette Guaj ardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley PASSED AND ADOPTED on August 13, 2024. CITY OF CORPUS CHRISTI, TEXAS Paulette Guajardo Mayor ATTEST: Rebecca Huerta City Secretary (CITY SEAL) [Signature Page to ordinance Calling a Special Election] _s o�Q US cy,P `►852 Sales Tax Reauthorization August 13, 2024 Local Sales Tax City of Corpus Christi residents and visitors currently pay the maximum 8.25 cents per $1 of certain goods and services for sales and use tax. Of this, 6.25 cents is allocated to the state and up to 2 cents is used for local purposes Entity Use Allocation Expiration Estimated FY 24 Collections State of Texas State Operations 6.25 cents None $445.OM CCRTA Transportation 1/2 of 1 cent None $ 35.6M City of Corpus Christi City Operations 1 cent None $ 71.2M City of Corpus Christi Type A-Improvements to the Downtown Seawall 1/8 of 1 cent March 2026 $ 8.9M City of Corpus Christi Type A-Multipurpose arena 1/8 of 1 cent Sept 2025 $ 8.9M City of Corpus Christi Type B-Economic development,affordable housing,streets 1/8 of 1 cent April 2038 $ 8.9M City of Corpus Christi Corpus Christi Crime Control District 1/8 of 1 cent March 2028 $ 8.9M 2 Proposition E Allocation of the annual revenue to each: Proposed Ballot Lan2ua2e for Proposition E: ➢ 50%-Streets-Arterial and Collector Projects Repurposing the expiring Type A sales and use tax of 1/8 ➢ 50%-Community and Recreation Facilities including: of 1%(being 0.125 cents per$1)for arena improvements by the adoption of a Type B sales and use tax at the rate of • American Bank Center Complex including the arena,convention 1/8 of 1%(being 0.125 cents per$1),with annual sales tax center,& Selena Auditorium collections being allocable in the indicated percentages to • City-owned facilities located in the Sports,Entertainment, and be used for promotion and development of new and Arts(SEA)District limited to the Corpus Christi Museum of expanded business enterprises limited to infrastructure Science and History,the Art Museum of South Texas,the Texas improvement projects pertaining to City-wide arterial and State Museum of Asian Cultures and Education Center,the collector streets(50%)and the city-owned recreational and Harbor Playhouse, and the Water Garden community facilities within the Sports,Entertainment and I Arts District(to wit:the Corpus Christi Museum of Science and History,the Art Museum of South Texas,the Texas State Museum of Asian Cultures and Education _ Center,the Harbor Playhouse, and the Water Garden)and - = - the Selena Auditorium,the Convention Center,and the Arena(50%),each as authorized by the Development Corporation Act and available to Type B corporations,to y F t_ - be imposed for 20 years. Proposed Arterial and Collector Projects Street Project Project Cost Lower Broadway $10.OM Yorktown (Design) 4.OM Alameda (Design) 3.5M Alameda (Construction) 17.OM Sam Rankin (Construction) 0.5M Total $35.OM Once these projects have been designed and constructed, additional projects will be identified and brought to the Type B Board and City Council for approval with the goal of funding Arterial and Collector street projects with this sales tax and utilizing the bond program for neighborhood projects. Proposition F ➢ Continue the use for the Downtown Seawall Flood Control structures including maintenance and Proposed Ballot Lan2na2e for Proposition F: improvements to the entire seawall structure including Repurposing the expiring Type A sales and use tax of 1/8 of 1%(being 0.125 cents per$1)for seawall the breakwater, salt flat levee, T and L Head land improvements by the adoption of a Type B sales and use masses, Marina basin and flood control pumps to tax for the promotion and development of new and protect the City's downtown businesses expanded business enterprises limited to infrastructure Excludes any vertical structures or amenities that do not improvement projects pertaining to downtown seawall ■ support the items above or pertain to flood control. flood control structures and other City-wide flood control, drainage, stormwater,and coastal resiliency,as authorized ➢ Add City-wide stormwater, flood control, drainage, by the Development Corporation Act and available to Type B corporations,to be imposed for 20 years. and coastal resiliency projects to expand or create new business areas OIL" Possible Capital Projects 2 1-FM 624 2-Turkey Creek ' 3-Clarkwood Ditch/Oso Tributary 4-North Beach Linear Canal Phase 2 and other Coastal Resiliency&Flood Control Projects" M1lu:c 5-Corpus Christi Bay Erosion Mitigation 6-Williams Ditch 7- Oso Creek F,A� 06)- Calendar and Next Steps DATE ACTIVITY February 27, 2024 Discussion at City Council Meeting to set baseline March—April 2024 Discussions with Stakeholders and Community Partners May 8, 2024 City Council Workshop May 2024 Community Engagement Meetings and Community Survey June 2024 Refinement of proposed uses for the Sales Tax Reauthorization June 18, 2024 Presentation to City Council to discuss final recommendation for sales tax uses June 23, 2024 Citizen Survey Closes July-August 2024 Continued Community Engagement and Education July 30, 2024 Presentation&Public Hearing on Sales Tax Reauthorization Projects August 1, 2024 Special Council Meeting to Establish Projects for Sales Tax Reauthorization August 13, 2024 Vote to call election for sales tax reauthorization November 5, 2024 Election Day l Questions, Discussion, and Feedback .¢pvs cr w 0 v 'N60BPOB 11 AGENDA MEMORANDUM 1852 City Council Meeting of August 13, 2024 DATE: July 16, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziak(a)cctexas.com 361-826-7202 Nueces Center for Mental Health and Intellectual Disabilities (MHID) Briefing STAFF PRESENTER(S): Name Title/Position Department 1. N/A OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Andrea Kovarik, MS, LPC Director of Mental Health Services MHID 2. Gina Pena Director of Intellectual and Developmental Disabilities Services MHID BACKGROUND : Nueces Center for Mental Health and Intellectual Disabilities Briefing on providing citizens living with mental illnesses with comprehensive psychiatric evaluation and treatment services, medications, and wellness services. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation MENTAL HEALTH M H I D ��Igis SERVICES �cei xeeim eye m«n<m,ei o��x�im<: Andrea Kovarik, MS, LPC Total Served FY23 Total Service Count FY23 91267 150,679 Mental Health Service Director Akovarik(CDncmhid.org • • • • • 361-886-1087 ACCESS PROGRAMS NUMBER OUTREACH INTAKE & CRISIS JAIL SERVED 5,813 PROJECTS FOR ASSISTANCE IN TRANSITION FROM CRISIS HOTLINE OUTPATIENT HOMELESSNESS (PATH) MCOT/EXPANSION COMPETENCY RESTORA -CASE MANAGEMENT TION CRISIS INTERVENTION SERVICE COUNT -CARE COORDINATION TEAM JAIL BASED 3A,829 SUD-COMMUNITY HEALTH WALK-IN CLINIC COMPETENCY RESTORA WORKER (CHW) TION -CARE COORDINATION PATHWAYS RESPITE (16 BEDS) -NARCAN/EDUCATION • COUNSELING YOUTH CORE SERVICES SPECIALITY PROGRAMS NUMBER SERVED FY23 • CASE MANAGEMENT YES WAIVER • SKILLS TRAINING • WRAPAROUND 11061 • THERAPY RESIDENTIAL TREATMENT • MEDICATION CENTER PROJECT (RTC) <Lj MANAGEMENT PREVENTION/EDUCATION NUMBER OF SERVICES FY 23 • PSYCHIATRY • MENTAL HEALTH FIRST AID • FAMILY PARTNER • NON-PHYSICIAN MENTAL 22,614 • NURSING HEALTH PROFESSIONAL ADULT SERVICES CORE SERVICES SPECIALTY PROGRAMS NUMBER SERVED FY 23 • SKILLS TRAINING/REHAB CONTINUITY OF CARE • THERAPY TCOOMMI • MEDICATION MANAGEMENT • JAIL DIVERSION ' I I IT 4�849 • FORENSIC ASSERTIVE COMMUNITY TEA • PSYCHIATRY M (FACT) • PEER PROVIDER NUMBER OF SERVICES FY 23 COORDINATED SPECIALTY CARE • NURSING LA MARIPOSA • CARE COORDINATION SUPPORTED HOUSING 85,210 • CASE MANAGEMENT VOCATIONAL- JOB SKILLS TRAINING JAIL CONTINUITY 1 CARE ( COC ) • PROVIDE COC SERVICES TO JUSTICE- INVOLVED INDIVIDUALS IDENTIFIED WITH A SERIOUS MENTAL ILLNESS WHO WILL BE TRANSITIONING DIRECTLY FROM JAIL TO THE COMMUNITY TO IMPROVE QUALITY OF LIFE, SUPPORT PHYSICAL AND MENTAL HEALTH STABILIZATION, AND REDUCE RECIDIVISM; Q • COORDINATE THE PROVISION OF TREATMENT, CARE, OR SERVICES BETWEEN THE VARIOUS AGENCIES AND PROVIDERS THAT DELIVER TREATMENT, CARE, OR SERVICES; AND - • SUPPORT THE UTILIZATION OF EVIDENCE- BASED PRACTICES RELATED TO THE PROVISION OF SERVICES AND SUPPORT TO JUSTICE-INVOLVED PEOPLE WITH SERIOUS MENTAL ILLNESS. DIVERSION CENTER • ASSESSMENT • INTEGRATED TREATMENT AND CARE PLANS TO ASSIST IN AN INDIVIDUAL'S STABILIZATION AND ENGAGEMENT IN CARE. • MEDICATION MANAGEMENT • ON SITE PRIMARY CARE • ON SITE PSYCHIATRIC CARE • PSYCHOSOCIAL PROGRAMMING • SUBSTANCE USE DISORDER INTERVENTIONS • REHABILITATION SERVICES • RESPITE BEDS • PEER SUPPORT • EXTENSIVE DISCHARGE PLANNING TO COORDINATE ACCESS / TO HOUSING, SOCIAL SERVICES AND TREATMENT POST DISCHARGE, UTILIZING CASE MANAGERS AND PEER SUPPORT INTELLECTUAL & DEVELOPMENTAL DISABILITIES • Intellectual Disability; Developmental Disability; Related Conditions • Key features — adaptive deficits, need for supports, permanent disability • Individuals ages 3 through end of life; need supports ongoing • 900 persons per year in Nueces County; majority Corpus Christi • Generally Medicaid funded but can also be state funded safety net services. • No matter the program, the person receives diagnostic testing & Service Coordination/Case Management �MHID -m��.�um--- MEDICAID WAIVERS FOR IDD • Services similar to institution, but in the community • Residential options; Therapies; Other support services & licensed services • Over 120,000 persons; almost 17 year wait • Call us asap to be placed on the IL; 361-886-4663 — don't wait until needed • We can link to other services and supports in the interim MHID OTHER IDD SERVICES • If has Medicaid & MCO can possibly receive Community-First-Choice (CFC) • If does not have Medicaid or does not qualify for CFC then potentially eligible • IDD Crisis Intervention Services — assistance for individuals with IDD to de- escalate behavioral or mental health crises • IDD Crisis Respite — in home supports or temporary out of home placement • Continuity — assistance with placements into institutions • Disability Employment — goal is competitive integrated employment , YMHID _m -._. . FOR MORE INFORMATION • Call IDD Services at 361-886- 4663 and ask for the Intake Coordinator • Go online to ncmhid.org • Email : IDD-Intake@ncmhid.org • If in Crisis call — Crisis Hotline — 888-767-4493 M H I D .¢pvs cr w 0 v 'N60BPOB 11 AGENDA MEMORANDUM 1852 City Council Meeting of August 13, 2024 DATE: June 11, 2024 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health Fauziak(a)cctexas.com 361-826-7202 The Coastal Bend Air Quality Partnership (CBAQP) Briefing STAFF PRESENTER(S): Name Title/Position Department 1. N/A OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Sharon Murphy President Costal Bend Air Quality Partnership BACKGROUND : The Costal Bend Air Quality Partnership (CBAQP) briefing will consist of an overview of the CBAQP mission. LIST OF SUPPORTING DOCUMENTS: Powerpoint Presentation 04 City of Corpus 4 Christi Air QualityCS � Update: COASTAL BEND Particulate AIR QUALITY Matter(PM2.5) PARTNERSHIP Standard Revision COASTAL BEND Mission AIR QUALITY PARTNERSHIP Protect the Coastal Bend's air quality and inspire all emission sources to strive for performance targets beyond general compliance through research, education, and the development and distribution of guidance documents, recommendations, and tools for emission-reducing activities. Sources of Particulate Pollutants Mobile aircraft A � Nonpoint Mobile nonroad sources rl_ -.-- -; sources _ - Point sources _y Mobiler'- on-road sources PM2. 5 Defined • PM2.5 — particles with diameters ryenerall`, 2.5 tPM2.5 generally HUMAN HAIR Combustion particles,organic compounds,metals,etc. micrometers and smaller 50-)ioµm <2.5µm(mcrons)indiameter (microns)in diameter • Smoke • Saharan Dust 60PM,O • Unpaved Roads Dust,pollen,mold,etc. <10 µm(microns)in diameter • Construction Sites • Smokestacks • Chemical Reactions 90 µm(microns)in diameter / FINE BEACH SAND 2023 Preliminar Annual Potentially AffectedCounties county DV(µg/M3) Harris 12.6 Cameron 11.0 Bowie 10.4 Annual PM Design Value Dallas 10.4 2.5 Hidalgo 10.3 Kleberg 10.0 F- < 9.0 µg/m3 Montgomery 10.0* C < 9.0 µg/m3,unlikely to set valid DV Webb 9.8 Harrison 9.7 > 9,0 µg/m3 Tarrant 9.7 > 9.0 ug/m3,unlikely to set valid DV Travis 9.7 Ell is 9.2* No Monitof Atascosa 9.1 El Paso 9.1 Bexa r 8.9 Jefferson 8.9 Navarro 8.8* Nueces 8.6 Brazoria 8.6* jNotes: Galveston 8.5 Orange 8.4 Data are preliminary as of 2/8/2024,have not been screened for completeness,and Brazos 8.1 are subject to change. Kaufman 8.1* Based on a review of preliminary data, Maverick 8.0 select monitors may not meet data completeness requirements to generate a Denton 7valid 2023 design value. Bell 7 The formal determination of validity should Ector be available by June of 2024. Brewster Potter 5. Lubbock 6.0 Unlikely to set valid design value Air Quality Division • PM NAAQS Revision-Coastal Bend• May 15, 2024 L. N ueces County °dery Whispering Oaks Estates Colonia Aransas Pass Monitors Map Nueees County Portland Ingleside % ' % o Dona Park Corpus Christi Huisache �- -,o Rancho Eanquete Robstown c o 6 CountyNueces • Nu [es Preliminary 2023 Design Corpus Christi Huisache p Value Setting Monitor 2022AQS PM2.5 Design = r Value(pg/m3) 8.7 286 \. P Preliminary 2023 PM2.5 8.6 Design Value(pg/m3) Kingsville Regulatory PM2,5 monitor with a *Design values were calculated using preliminary*2023 annual design ata that have yet to be quality assured. value<_9.0 pg/m' alues are subject to change. N ,jjZ K12her� ` Esri,NASUSGS,Texas Parks&Wildlife,CONANP,Esri,TomTom,Garmin, 0 2.5 5 10 Miles Garmin,Foursquare,SafeGraph,FAO,METI/NASA,USGS,EPA,NPS.USFWS Air Quality Division • PM NAAQS Revision—Coastal Bend• May 15, 2024 6 N ueces County Odem Whispering Oaks Estates Colonia Aransas Pass Monitors Map Nueees County Portland Ingleside Dona Park Corpus Christi Huisache Rancho Eanquete Robstown c o 6 CountyNueces • Nu ces Preliminary 2023 Design Corpus Christi Dona Park p Value Setting Monitor 2022AQS PM2.5 Design 286 = r Value(pg/m3) 8.7 P Preliminary 2023 PM2.5 8.4 Design Value(pg/m3) Kingsville Regulatory PM2,5 monitor with a �ata Design values were calculated using preliminary*2023 annual design that have yet to be quality assured. value<_9.0 pg/m3 slues are subject to change. N 57 K12her(j k Esri,NASUSGS,Texas Parks&Wildlife,CONANP,Esri,TonnTom,Garmin, 0 2.5 5 10 Miles Garmin,Foursquare,SafeGraph,FAO,METI/NASA,USGS,EPA,NPS.USFWS Air Quality Division • PM NAAQS Revision-Coastal Bend• May 15, 2024 7 Bolt � 286 Kleberg County Monitors Map Kleberg County °�fo Sorregos Kingsville Oil Field - �o 776ft National S askl re DesignNueces County Kleberg Preliminary 2023 Design ina Value Setting Monitor National Seashore res 4; ; r Oil 2022 AQS PM2.5 Design 10.3 I d oy Bea Value(pg/m3) ! Preliminary 2023 PM2.5 £ 3 10.0 Design Value(pg/m3) Flowella 0 Regulatory PMz,s monitor with a Design values were calculated using * preliminary*2023 annual design ata that have yet to be quality assured. N value>9.0 Ng/m3 alues are subject to change. AEsri,CGIAR USGS,Texas Parks&Wildlife,CONANP,Esri,TomTom,Gwmin 0 2.5 5 10 Miles Foursquare,safeGraph,FAO,METI/NASA,uSC,,s,EPA,NPS,uSFWS, Air Quality Division • PM NAAQS Revision-Coastal Bend• May 15, 2024 8 Future Emissions Regulatory Watch Methane -Wastewater Treatment Plants, Landfill, Natural Gas Distribution Systems, and consumer natural gas appliances used for cooking or heating. Revision of the Ozone NAAQS - August 21, 2023, EPA Initiated new review of the Ozone NAAQS to reflect the latest science. CASAC currently reviewing. Revision due 2025. Ethylene Oxide (EtO) - March 14, 2024, EPA issued a final rule that will require significantly reduced emissions from commercial facilities that sterilize medical devices and other equipment using ethylene oxide gas. EtO emissions have numerous sources. EtO is a naturally occurring gas and a byproduct of common, everyday items: buses, lawn mowers, fire pits, charcoal grills, and gas generators. The gas is a building block for multiple commercial products. More importantly, medical device sterilization uses half of one percent of all commercially produced EtO. THANK YOU Q & A