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HomeMy WebLinkAboutAgenda Packet City Council - 09/10/2024 Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, September 10, 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 Kevin Jennings Southside Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Ben Marsh, 12th grader Annapolis Christian Academy. 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. 24-1505 Staff Announcement: Elisa Olsen, Director of Communications 2. 24-1510 9/11 Remembrance Ceremonies in Corpus Christi City of Corpus Christi Page 1 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 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. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. BRIEFINGS: (NONE) Briefing information will be provided to the City Council during the Council meeting. Briefings are for Council information only. No action will be taken and no public comment will be solicited. The City Manager or City Council Liaison for any city board, commission, committee or corporation(including Type A or B Corporation) may report on the action(s) or discussion(s) of any such body's public meeting that occurred within one month prior to this City Council meeting. I. SECOND READING OF BUDGET RELATED ITEMS: (ITEMS 3 - 14) 3. 24-1427 Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2024-2025, beginning October 1, 2024; authorizing personnel complements; providing for a copy to be filed with the County Clerk; and appropriating funds as provided in the budget. sponsors: Office of Management and Budget 4. 24-1424 Ordinance adopting the Corpus Christi Fiscal Year 2024 - 2025 Capital Budget, beginning October 1, 2024. sponsors: Office of Management and Budget 5. 24-1433 Ordinance setting a property tax rate of$0.599774 per $100 valuation which is effectively a 6.03% increase over the no-new-revenue tax rate and approving the tax roll as calculated. (60 percent favorable vote required) sponsors: Finance &Procurement 6. 24-1434 Ordinance ratifying the property tax increase reflected in the FY 2024-2025 Operating Budget that will require raising more revenue from property taxes than in the FY 2023-2024 Operating Budget in amount of$531,037. sponsors: Office of Management and Budget 7. 24-1176 Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 - Parking Rates, by revising the parking rates at the Corpus City of Corpus Christi Page 2 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 Christi International Airport, effective October 1, 2024. Sponsors: Aviation Department 8. 24-1458 Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates effective January 1, 2025. Sponsors: Corpus Christi Water 9. 24-1448 Ordinance amending Corpus Christi Code Section 55-159.1 to increase the Non-mandatory drought surcharge exemption fee effective January 1, 2025. Sponsors: Corpus Christi Water 10. 24-1443 Ordinance amending Section 14-1313 of the Corpus Christi Code to amend the roofing and siding building permit fees, certificate of occupancy fees, and oversized load permit fees; amending Sections 14-1313, 14-1321, 14-1341, 14-1351, 14-1361 10-30, and 10-38 of the Corpus Christi Code to clarify future indexing of the Development Services fees, including the fees for roofing and siding building permits, certificate of occupancy, Plan Review, Building Permits, Technical Construction Code Permits, Excavation and Fill Permits, Unified Development Code Fees, Public Improvement Fees, Zoning Fees, Beachfront Construction Fees, Dune Protection Fees, and Sign Permit Fee; reauthorizing increasing the Infrastructure Trust Fund lot and acreage fees by 10% for FY25; effective October 1, 2024. Sponsors: Development Services 11. 24-0424 Ordinance amending Corpus Christi Code Section 18-4 Fire Prevention permit fee schedule and Section 18-20 Ambulance rates to include a supplementary charge for non-emergency lift assist fee, effective October 1, 2024. Sponsors: Fire Department 12. 24-1449 Ordinance amending Sections 19-33, 19-44, 23-20, 23-22, 23-57, and 38-9 of the Corpus Christi Code to increase fees for food health permits, vendor permits, food handler certificates, on-site sewage facilities inspections, daycare and foster home inspections, and commercial swimming pool inspections; and providing for penalty, publication, and effective date of October 1, 2024. Sponsors: Health Department 13. 24-1444 Ordinance amending the City Code of Ordinances, Chapter 36 Parks, Recreation, Cultural and Leisure Time Activities, Section 36-7 Rental Rates and Recreation Fees and Charges, effective October 1, 2024. Sponsors: Parks and Recreation Department 14. 24-1446 Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of City of Corpus Christi Page 3 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 stormwater drainage charges, effective October 1, 2024. Sponsors: Public Works/Street Department J. 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. K. CONSENT AGENDA: (ITEMS 15 -23) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 15. 24-1533 Approval of the September 3, 2024 Regular Meeting Minutes Sponsors: City Secretary's Office Consent- Second Reading Ordinances 16. 24-1381 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$864,514.00 with a City cash match of$184,005.00 and an in-kind match of$750,763.00, for a total project cost of$1,048,519.00 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and authorizing four sworn and three civilian positions that currently exist; and appropriating $864,514.00 in the Police Grants Fund. Sponsors: Police Department 17. 24-1383 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority for catalytic converter theft detection and prevention in the amount of$98,728.00 for overtime for four sworn officers and two civilians, and for equipment and supplies for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $98,728.00 in the Police Grants Fund. Sponsors: Police Department Consent-First Reading Ordinances 18. 24-1459 Ordinance removing Mariana Garza as municipal court part-time judge #4; City of Corpus Christi Page 4 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 and declaring an effective date. (Requires 2/3 Vote) Sponsors: Municipal Court Committee Consent- Contracts and Procurement 19. 24-1388 Resolution authorizing the purchase of four additional LifePak cardiac monitors and accompanying software licenses and preventative maintenance services from Stryker Sales, of Kalamazoo, Michigan, for the Corpus Christi Fire Department for$311,160.68, with FY 2024 funding from the General Fund. Sponsors: Fire Department and Finance & Procurement 20. 24-1361 Motion authorizing execution of a one-year service agreement, with four one-year options, with USIO Output Solutions, Inc., of San Antonio, in an amount not to exceed $925,670.00, with a potential up to $4,628,350.00 if options are exercised, for utility bill printing, mailing and insert printing services for Corpus Christi Water, with FY2024 funding of$77,139.16 from the Water Fund. Sponsors: Corpus Christi Water and Finance &Procurement 21. 24-1227 Motion authorizing a professional service agreement for five months with Texas A&M University- Corpus Christi in an amount not to exceed $58,124.00 for survey and assessment of beach erosion caused by Tropical Storm Alberto, with FY 2024 funding from the State HOT Fund. Sponsors: Parks and Recreation Department and Finance &Procurement 22. 24-1391 Motion authorizing execution of a one-year supply agreement, with Exerplay, Inc., of Cedar Crest, New Mexico, in an amount not to exceed $197,410.00, for the purchase of certified playground mulch for Parks & Recreation, with FY 2024 funding from the General Fund. Sponsors: Parks and Recreation Department and Finance &Procurement General Consent Items 23. 24-0961 Resolution authorizing Advance Funding Agreements with the TXDOT for (1) State Transportation Project - Metropolitan Mobility Reconstruction for Off-System Harbor Bridge Hike and Bike Connectivity, (2) Surface Transportation Block Grant for Off-System Harbor Bridge Parks, and (3) State Transportation Project - Flex Mitigation Project for Off-System for Harbor Bridge TC Ayers Pool, with the City's total payment of$95,000.00 to TXDOT for direct state costs, with FY2024 funding available from Park Bond 2014 Funds. Sponsors: Engineering Services L. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. City of Corpus Christi Page 5 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 M. PUBLIC HEARINGS: (ITEMS 24 - 25) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 24. 24-1460 Zoning Case No. ZN8340, Cypress Point Capital LLC (District 5). Ordinance rezoning a property at or near Farm-to-Market Road 2444 (FM-2444/Staples Street) and County Road 43 (CR-43) from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RS-22" Single-Family District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). sponsors: Development Services 25. 24-1463 Zoning Case No. ZN8348, City of Corpus Christi (District 1). Ordinance rezoning a property at or near 508 South Nineteenth Street from the "CN-1" Neighborhood Commercial District to the "RS-6" Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend Approval). sponsors: Development Services N. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 26) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 26. 24-1445 Motion directing the Corpus Christi - Nueces County Public Health District (CCNCPHD) be required to read and provide in writing to prospective COVID-19 mRNA gene therapy vaccine recipients the following information and sign a COVID-19 mRNA immunization consent form before administering the COVID-19 mRNA vaccine, as requested by Council Members Mike Pusley, Michael Hunter, and Gil Hernandez. sponsors: City Secretary's Office O. EXECUTIVE SESSION: (ITEM 27) 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. 27. 24-1491 Executive Session pursuant to Texas Gov't Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with City of Corpus Christi Page 6 Printed on 9/9/2024 City Council Meeting Agenda-Final-revised September 10,2024 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 employee (including the City's appointed Part Time Judge #4). P. ADJOURNMENT City of Corpus Christi Page 7 Printed on 9/9/2024 CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Mayor and City Council FROM: Peter Zanoni, City Mang COPY: Executive Team SUBJECT: Staff Announcements DATE: September 6,2024 Communications I have appointed Elisa Olsen as Director of Communications,effective Monday, September 9. Elisa has over 25 years of experience in communications, marketing, and public relations, with over 12 years as an executive. Since November 2021, she has served as the Chief Marketing Officer for the Lone Star College System,a Texas community college system serving over 80,000 students across 20 campuses spanning two counties. In this role,Elisa was responsible for leading 30 employees and directing communications,marketing,advertising,and public relations strategy and operations. Her notable accomplishments in this role include spearheading an integrated marketing campaign aimed at boosting student enrollment,which led to two consecutive years of enrollment growth. Additionally, she collaborated with the Lone Star College System's Police Department to streamline emergency and crisis communications. Before becoming Chief Marketing Officer,Elisa was Assistant Vice President of College Relations for the University of Houston—Downtown. In this role, she was the senior-level communications and marketing leadership executive, overseeing communications, media relations, marketing advertising, and public relations. As Assistant Vice President of College Relations, Elisa led emergency communications for the University of Houston—Downtown through multiple national weather disasters and the COVID-19 Pandemic. Elisa holds a Bachelor of Science from the University of Houston and a Master of Ails from Sam Houston State University. Public Works I have appointed Jason Alvarez, P.E., as Assistant Director of Stormwater for the Public Works Department, effective Monday, August 26. Jason has over 23 years of engineering experience, with over 17 of those years at the Texas Department of Transportation (TxDOT). Since 2015, he has served as Consultant Program Manager for TxDOT's Corpus Christi District.In this role,Jason was responsible for a$40 million Page 2 of 2 Staff Announcement annual budget and led a team of five employees responsible for 65% of the Corpus Christi District's projects.His key achievements in this position include managing the marine engineering projects for the Port Aransas Ferry Landing, developing a consultant procurement program for local and statewide contracts, and managing 30 consultant contracts for hydraulic, bridge, and roadway design. Before his role as Consultant Program Manager, Jason was a Plan Review Engineer for TxDOT, responsible for reviewing all plans for the Corpus Christi District relating to hydraulic design, constructability, and quantity accuracy. He also provided TxDOT oversight for multiple federally funded projects for the City of Corpus Christi, including Port Avenue at Whataburger Field and Williams Drive from Staples to Airline. Jason holds a Bachelor of Science in Civil Engineering from Texas A&M—Kingsville. He also has his license as a Texas Professional Civil Engineer. Attached: Updated Organizational Chart effective Monday, September 9 Mayor and City Council Effective September 9,2024 City of Corpus Christi Organizational Chart City Secretary City Manager Municipal Courts Judge City Auditor Rebecca Huerta PeterZanoni Jackie Del LlanoChapa George Holland Administration Assistant to City Manager City Attorney Rogelio Munoz Miles Risley Deputy City Manager Michael Rodriguez Assistant City Manager Assistant City Manager Corpus Christi Water Assistant City Manager Assistant City Manager Chief Operating Officer Police Sony Per-el Neiman Young Heather Hurlbert Vacant Chief Mike Markle Drew Molly Communications Engineering Services Director of Water Systems Management&Budget Elisa Olsen Jeffrey Edmonds Fire Nick Winkelmann Eddie Houlihan Chief Brandon Wade Intergovernmental Relations Public Works Finance&Procurement Ryan Skrobarczyk Director Water Utilities Ernesto De La Garza Human Resources Wes Nebgen Sergio Villasana Rebecca Castillo Libraries Solid Waste Parks&Recreation Laura Garcia David Lehfeldt Robert Dodd Asset Management Brett Van Hazel Information Technology Planning& Peter Collins 1 Airport Community Development Kevin Smith Strategic Planning& Daniel McGinn ronnara--a- 1.CCREDC:Heather Hurlbert Animal Care Services.. Innovation 2.American Bank Cer :Eley Scott Greene Bor-dte Katie Chaps Gas Economic Development 3.carps Christi Hooka:Elsy Borsstedte Bill Mahaffey Arturo Marquez a.Visitcorpsa,ri- 7 Heather Hurlbert Health District* 6.Type A/--lard:Heather Hurlbert Fauzia Khan 6.Downtown Manage —District Development Services Heather Hurlbert *Includes Local Health Authority AI Raymond Dr.Ramachandruni GO � O AGENDA MEMORANDUM NOMP 9P FZ E Public Hearing/First Reading for the City Council Meeting of September 3, 2024 Second Reading Ordinance for the City Council Meeting of September 10, 2024 DATE: August 30, 2024 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Ordinance of the Proposed FY 2024-25 Budget CAPTION: Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2024-2025, beginning October 1, 2024; authorizing personnel complements; providing for a copy to be filed with the County Clerk; and appropriating funds as provided in the budget. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed amended expenditures of $1,318,083,964 and total proposed amended revenues of $1,174,411,287 which includes an increase of $531,037 in property tax revenues over the prior year for operating. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing amended expenditures of $1,318,083,964 and total proposed amended revenues of $1,174,411,287 which includes an increase of $531,037 in property tax revenues over the prior year for operating. This budget will raise more total property taxes than last year's budget by 531,037 or 0.31% (General Fund $157,235, Debt Service Fund $102,805, Residential Street Reconstruction Fund $18,562 and Tax Increment Reinvestment Zones $252,435), and of that amount an estimated $3,805,453 is tax revenue to be raised from new property added to the tax roll this year. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Tota proposed amended expenditures of$1,318,083,964 and total proposed amended revenues of$1,174,411,287 which includes an increase of$531,037 in property tax revenues over the prior year for operating. RECOMMENDATION: Staff recommends approval of the FY2024-2025 Proposed Budget as amended by the schedule of adjustments with expenditures of $1,318,083,964 and total proposed amended revenues of $1,174,411,287 which includes an increase of $531,037 in property tax revenues over the prior year for operating. LIST OF SUPPORTING DOCUMENTS: FY 2024-2025 Budget Ordinance Schedule of Adjustments Contract for Buccaneer Commission, Inc Contract for South Texas Botanical Gardens & Nature Center Contract for South Texas Institute for the Arts Contract for Texas State Aquarium Association Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2024-2025, beginning October 1, 2024; authorizing personnel complements; providing for a copy to be filed with the County Clerk; and appropriating funds as provided in the budget. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council an operating budget proposal (Budget Proposal) of the revenues of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2024, and ending September 30, 2025, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, and offices of the City, in accordance with the City Charter provision referenced above; WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper public hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City, the City Council must appropriate such sums of money as provided in the budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Operating Budget, with Schedule of Adjustments, covering proposed expenditures of $1,318,083,964 and estimated revenues of $1,174,11,287 for the fiscal year (FY) beginning October 1, 2024, and ending September 30, 2025 (FY 2024-25), as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. Upon the passage of this ordinance, certain sums of money from all sources of City revenues, as described in the Operating Budget, shall be and are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Operating Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions: The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 435* Police Lieutenant - 40 Police Captain - 17 Deputy Chief- 5 Assistant Police Chief- 3 Police Chief- 1 FY 2024-25 TOTAL 501 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 4. Police Defunding Bill HB 1900: The City Council established that the Police Department adopted budget was $77,383,274 for FY2020-21, $81,570,124 for FY2021-22, $97,792,152 for FY2022-23, and $103,873,487 for FY2023-24. The Police Department budget for FY 2024-25 is hereby established to be $107,606,988. Therefore, the City Council finds and declares that the City of Corpus Christi is not a defunding municipality as provided in Chapter 109 of the Texas Local Government Code. Page 1 of 5 SECTION 5. Firefighter Positions: The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 109* Firefighter 11 — EMS - 169 Firefighter 11 — Engineer - 73 Fire Captain - 82 Battalion Chief- 13 Assistant Fire Chief- 6 Deputy Fire Chief- 2 Fire Chief- 1 FY 2024-25 TOTAL 455** *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. ** 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. (See Firefighters' Collective Bargaining Agreement Art. 8, Section 2.C.) SECTION 6. Personnel: The number of City-funded personnel positions (excluding grant-funded positions) in all City-funded departments shall not exceed the total number by indicated fund, as set forth in the FY 2024-25 Operating Budget. SECTION 7. Annual Contracts: The City Manager, or his designee, is authorized to execute the following contracts in substantially the same form and content as shown in the attached draft agreements and to make payments consistent with appropriations in accordance with the FY 2024-25 Operating Budget, as provided below: A. Buccaneer Commission, Inc. - $300,000.00 B. South Texas Botanical Gardens & Nature Center - $100,000.00 C. South Texas Institute for the Arts - $375,000.00 D. Texas State Aquarium Association - $310,000.00 SECTION 8. As authorized by Texas Government Code Section 1502.003, the City Council finds and determines that it is in the best interest of the City to create and maintain one or more combined systems. "Combined system" means any combination of one or more of the following: water system, sewer system, solid waste disposal system, drainage utility system, and a natural gas system. SECTION 9. Upon final passage of this budget ordinance, a true and certified copy of this Operating Budget shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The Operating Budget shall also be part of the archives of the City. SECTION. 10. The City Manager is authorized to approve and accept the grants set forth in the FY 2024-25 Operating Budget's Proposed Grant Appropriations Schedule, thereby, appropriating $17,282,192, with a cash match of $67,540 as appropriated in the FY2024-25 Operating Budget, and authorizing 53 positions in Health Department Grants; accepting and appropriating $2,853,326, with a cash match of$176,992 as appropriated in the FY 2023-24 Operating Budget, and authorizing 17 positions in Parks & Recreation Department Grants. SECTION 11. City Holidays: The official holidays for City employees eligible for benefits for FY 2024-25 are as follows: Thanksgiving Day November 28, 2024 Page 2 of 5 Day After Thanksgiving Day November 29, 2024 Christmas Day December 25, 2024 New Year's Day January 1, 2025 Martin Luther King, Jr. Civil Rights Day January 20, 2025 of Service Memorial Day May 26, 2025 Juneteenth June 19, 2025 Independence Day July 4, 2025 Labor Day September 1, 2025 Floating Holiday* May be used only for religious or cultural holidays or a City Closure Day. *All City employees eligible for benefits will receive one floating holiday for FY 2024-25 in addition to the City's regular paid holidays. This floating holiday may only be used for religious or cultural holidays or a City Closure Day. SECTION 12. Office Closures: In addition to holiday closures, City offices, as designated by the City Manager, will be closed on December 26th, 27th, 30th, and 31st,2024, for Winter Break. Winter Break days are not paid holidays for closed offices, and employees of closed offices shall not be paid for Winter Break days except for time worked. Employees of closed offices may use their personal leave, vacation leave accrual, or floating holiday to receive pay during Winter Break days. Corpus Christi Code Section 39-328(a) is waived to the extent necessary to allow new hires to use vacation leave during Winter Break days. SECTION 13. Pay Grades: The pay grades and ranges for positions in Pay Plan 100, Pay Plan 200, and Pay Plan 300 for FY 2024-25 are as follows: Pay Plan 100 FLSA Overtime Eligible Grade Minimum Midpoint Maximum 101 $ 27,622 $ 36,442 $ 45,261 102 $ 29,016 $ 38,272 $ 47,528 103 $ 30,451 $ 40,175 $ 49,900 104 $ 31,990 $ 42,193 $ 52,396 105 $ 33,571 $ 44,294 $ 55,016 106 $ 35,256 $ 46,519 $ 57,783 107 $ 37,024 $ 48,849 $ 60,674 108 $ 38,875 $ 51,282 $ 63,690 109 $ 40,809 $ 53,841 $ 66,872 110 $ 42,848 $ 56,534 $ 70,221 111 $ 44,990 $ 59,363 $ 73,736 112 $ 47,257 $ 62,338 $ 77,418 113 $ 49,608 $ 65,447 $ 81,287 114 $ 52,104 $ 68,734 $ 85,364 115 $ 54,704 $ 72,166 $ 89,628 116 $ 57,428 $ 75,774 $ 94,120 Page 3 of 5 117 $ 601299 $ 79,560 $ 98,821 118 $ 63,315 $ 83,533 $ 103,751 119 $ 66,476 $ 87,714 $ 108,951 120 $ 69,804 $ 92,102 $ 114,400 Pay Plan 200 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 201 $ 37,267 $ 49,167 $ 61,068 202 $ 39,130 $ 51,625 $ 64,121 203 $ 41,087 $ 54,207 $ 67,327 204 $ 43,141 $ 56,917 $ 70,694 205 $ 45,299 $ 59,763 $ 74,228 206 $ 47,563 $ 62,751 $ 77,939 207 $ 49,941 $ 65,888 $ 81,836 208 $ 52,438 $ 69,183 $ 85,927 209 $ 55,060 $ 72,642 $ 90,224 210 $ 57,813 $ 76,274 $ 94,735 211 $ 60,704 $ 80,089 $ 99,473 212 $ 63,740 $ 84,093 $ 104,446 213 $ 66,927 $ 88,297 $ 109,668 214 $ 70,273 $ 92,712 $ 115,151 215 $ 73,785 $ 97,347 $ 120,908 216 $ 77,475 $ 102,214 $ 126,953 217 $ 81,349 $ 107,325 $ 133,301 218 $ 85,416 $ 112,691 $ 139,966 219 $ 89,687 $ 118,326 $ 146,964 220 $ 94,172 $ 124,242 $ 154,312 221 $ 98,881 $ 130,454 $ 162,027 Pay Plan 300 FLSA Overtime Ineligible Grade Minimum Midpoint Maximum 310 $ 105,691 $ 139,438 $ 173,186 311 $ 110,975 $ 146,410 $ 181,845 312 $ 116,524 $ 153,731 $ 190,938 313 $ 122,350 $ 161,417 $ 200,484 314 $ 128,466 $ 169,486 $ 210,507 315 $ 134,889 $ 177,961 $ 221,033 316 $ 141,634 $ 186,859 $ 232,084 317 $ 148,716 $ 196,202 $ 243,688 318 $ 156,152 $ 206,012 $ 255,874 319 $ 163,960 $ 216,314 $ 268,668 320 $ 172,157 $ 227,128 $ 282,100 321 $ 180,765 $ 238,484 $ 296,205 Page 4 of 5 322 $ 189,803 $ 250,408 $ 311,015 323 $ 199,293 $ 262,928 $ 326,566 324 $ 209,258 $ 276,074 $ 342,894 SECTION 14. 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 in this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2024, by the following vote: Paulette Guajardo Michael Hunter Roland Barrera Jim Klein Everett Roy Mike Pusley Sylvia Campos Dan Suckley Gil Hernandez The foregoing ordinance was read for the second time and passed finally on this the day of 2024, by the following vote: Paulette Guajardo Michael Hunter Roland Barrera Jim Klein Everett Roy Mike Pusley Sylvia Campos Dan Suckley Gil Hernandez PASSED AND APPROVED on this the day of , 2024. ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary Page 5 of 5 Schedule of Adiustments City of Corpus Christi Amendments to the FY 2024-2025 Proposed Budget TOTAL PROPOSED REVENUES $ 1,178,851,964 TOTAL PROPOSED EXPENDITURES $ 1,318,105,281 GENERALFUND General Fund - 1020 Proposed Revenues $ 334,373,579 Adiustments: Industrial District Revenue (3,981,684) Athletic Rental Revenue 17,340 Athletic SPARK Program Revenue 14,720 Athletic Field Revenue 200,000 Total Adjusted Revenues 330,623 955 Proposed Expenditures $ 343,831,213 Adiustments: Reduce Transfer to Streets (699,684) Hold CFO and Executive Asst vacant 12 months (358,065) Reduce Finance Temp Services (70,007) Remove additional holiday (184,429) Plan for vacancy savings (628,051) Restore Garcia Library Operations and Reduce 1 Admin Support III and 1 PT Library Aide 334,319 Restore Oso Bay Learning Center Program Operations 269,822 Restore Greenwood Senior Center Operations 180,191 Restore Code Compliance Grass Abatement and Demolition 300,000 Restore 3 Filled Code Compliance Officers 180,753 Restore 2 Vacant Code Compliance Officers 104,030 Restore 2 Animal Care Kennel Technicians 77,917 North Beach Kiwanis Baseball Field 100,000 Text Messaging Service - Pilot Program 300,000 Add 1 Grant Writer position 63,256 Total Adjusted Expenditures 343,801,265 SPECIAL REVENUE FUNDS Street Maintenance Fund (1041) Proposed Revenues 40,449,862 Adiustments: Reduce Additional Transfer from General Fund (699,684) Total Adjusted Expenditures 39,750,17 Local Emergency Planning Fund (6060) Proposed Revenues 207,394 Adiustments: Contributions and Donations 8,631 Total Adjusted Revenues 216,025 Proposed Expenditures $ 214,810 Adiustments: Everbridge Agreement Increase 8 631 Total Adjusted Expenditures 223,441 TOTAL PROPOSED AMENDED REVENUES $ 1,174,411,287 TOTAL PROPOSED AMENDED EXPENDITURES $ 1,318,083,964 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT BUCCANEER COMMISSION, INC. This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and Buccaneer Commission, Inc. ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the Professional Bull Rider ("PBR") sporting event, and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the PBR sporting event, and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the sporting events that attract visitors from outside the area and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2024, and terminates on September 30, 2025. III. Funding. City agrees to reimburse Recipient $300,000.00 out of FY 2024-2025 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs related to the PBR sporting event (See Attached Agreement with PBR and Buccaneer Commission); (B) are in the categories of advertising and sporting events that are eligible for funding as described in Sections 351.101(a)(3) and (6) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A,"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. The City agrees that, as proposed, the expenditure of the funds for the PBR event complies with all of these requirements. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient will contract with PBR (See Attached Agreement with PBR and Buccaneer Commission) to actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may Page 1 of 7 be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. VI. Completion Report. Recipient must submit to the City's Director of Economic Development ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the PBR sporting event in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's sporting event attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total sporting event attendance; (D) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. Vill. Disbursement of Funds. Funds are to be disbursed by the City upon execution of this Agreement and proof that the Buccaneer Commission has executed an agreement with PBR (See Attached Agreement with PBR and Buccaneer Commission). IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's PDR sporting event. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be madeto: If to City: City of Corpus Christi If to Recipient: Buccaneer Commission, Inc. Director, Economic Develeopment Attn: Johnny Philipello P.O. Box 9277 1823 N Chaparral St Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient 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. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney BUCCANEER COMMISSION, INC. Signature Name: Title: Date: Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that would be frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6 of 7 functions create a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body orother person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT BOTANICAL GARDENS This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and The Botanical and Nature Institute of South Texas, Inc. ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2024, and terminates on September 30, 2025. III. Funding. City agrees to reimburse Recipient up to$100,000.00 out of FY 2024-2025 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. Vill. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director. Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be madeto: If to City: City of Corpus Christi If to Recipient: Botanical and Nature Institute Attn: Parks & Recreation Director Attn: Executive Director P.O. Box 9277 8545 S. Staples St. Corpus Christi, TX 78469-9277 Corpus Christi, TX 78413 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient 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. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney THE BOTANICAL AND NATURE INSTITUTE OF SOUTH TEXAS, INC. Signature Name: Title: Date: Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6 of 7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body orother person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT SOUTH TEXAS INSTITUTE FOR THE ARTS This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and South Texas Institute for the Arts ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2024, and terminates on September 30, 2025. III. Funding. City agrees to reimburse Recipient up to$375,000.00 out of FY 2024-2025 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. Vill. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director. Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be madeto: If to City: City of Corpus Christi If to Recipient: South TX Institute for the Arts Attn: Parks & Recreation Director Attn: Executive Director P.O. Box 9277 1901 N. Shoreline Corpus Christi, TX 78469-9277 Corpus Christi, TX 78401 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient 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. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney SOUTH TEXAS INSTITUTE FOR THE ARTS Signature Name: Title: Date: Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6 of 7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body orother person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 HOTEL OCCUPANCY TAX REVENUE RECIPIENT AGREEMENT TEXAS STATE AQUARIUM ASSOCIATION This Hotel Occupancy Tax Revenue Recipient Agreement ("Agreement") is made by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City"), acting through its duly authorized City Manager or his designee ("City Manager"), and Texas State Aquarium Association ("Recipient"), a Texas non-profit corporation. Whereas, City desires to encourage and fund activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi, in accordance with Chapter 351 of the Texas Tax Code ("Tax Code"); and Whereas, Recipient desires to provide those activities that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. Now, therefore, City and Recipient agree as follows: I. Purpose. The City desires to expend funds from the City's Hotel Occupancy Tax Revenue to fund activities produced by non-profit, community-oriented organizations, specifically those programs that promote the arts and, in doing so, serve to promote tourism and the convention and hotel industry within the City of Corpus Christi. II. Term. This Agreement commences on October 1, 2024, and terminates on September 30, 2025. III. Funding. City agrees to reimburse Recipient up to$310,000.00 out of FY 2024-2025 revenue from the City's Hotel Occupancy Tax Revenue fund for use in accordance with this Agreement and, more specifically, Section IV below (the "Grant Funds"). In no event will the City be liable for any amount expended by the Recipient in excess of the Grant Funds amount. IV. Recipient's Duties; Eligible Activities. Use of the Grant Funds by Recipient is limited to those activities that, without exception, meet all three of the following requirements, referred to herein as the "Eligible Activities": (A) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (B) are in the categories of art that are eligible for funding as described in Sections 351.101(a)(3) and (4) and Section 351.101(b) of the Tax Code, copy attached as Exhibit "A"; and (C) promote both tourism and the convention and hotel industry within the territorial limits of the City of Corpus Christi. V. Promotion of Tourism and the Convention and Hotel Industry. Recipient must actively promote tourism to the City and the City's hotel and convention industry as a goal of Recipient's Eligible Activities. This may be accomplished by working to increase the number of out-of-town program attendees through targeted promotions and by working with the local hotel-motel and condominium associations. Page 1 of 7 VI. Completion Report. Recipient must submit to the City's Director of Management and Budget ("Director") a completion report ("Report"), no later than 30 days following the earlier termination or expiration of this Agreement. The Director, or his/her designee, shall review the Report to verify whether the Grant Funds provided to the Recipient were spent in accordance with the requirements in this Agreement. The Report must include the following criteria: (A) Written assurance to City that all Eligible Activities funded by the City served to promote the arts in the community. This shall be evidenced by providing the City with a written description of Recipient's marketing or advertising strategy; (B) For all Eligible Activities funded by the City, Recipient must submit to the City a written estimate of the number of Recipient's arts program attendees that reside outside the territorial limits of the City of Corpus Christi. This may be accomplished by the use of a visitor log, by tallying the number of out-of-town billings, or by listing the out-of-town mailing addresses gathered through the ticket sales process. (C) An estimate of the total arts program attendance; (D) A statement of Recipient's arts program revenues and expenditures; and (E) The number of attendees that reside outside the City limits that attended the events described on Exhibit A. VII. Records Retention. Recipient must at all times during the term of this Agreement, and for five years following the earlier termination or expiration of the Agreement, keep true, accurate, complete, and auditable records. Recipient agrees to: (A) at least annually make periodic reports to the City of its expenditures from the Grant Funds provided under this Agreement; and (B) make records of these expenditures available for review to the City. Vill. Disbursement of Funds. Funds are to be disbursed by the City on a reimbursement basis. Recipient is responsible to send each written request for reimbursement along with supporting documentation to the Director. Recipient understands and agrees that payment by the City of any Grant Funds under this Agreement is contingent upon the Recipient's full compliance with the requirements of this Agreement. Should the Director determine within five years from the effective date of this Agreement that the Recipient has failed to comply with the requirements contained in this Agreement, all Grant Funds received by the Recipient must be repaid to the City. IX. Unexpended funds. Upon the earlier termination or expiration of this Agreement, Recipient must submit all requests for reimbursement not later than 30 days following the earlier termination or expiration date. X. Advertising. Recipient must recognize the City of Corpus Christi as a contributor on all advertisements and publications regarding Recipient's Arts Program. Recipient must provide the Director with a copy of all Recipient-sponsored advertising and promotion materials regarding its Eligible Activities. XI. Modifications and Waivers. No provision of this Agreement may be altered, changed, modified, or waived. XII. Relationship between Parties. Nothing in this Agreement shall constitute a partnership, joint venture, or principal-agent relationship between the parties. Page 2 of 7 XIII. Compliance with Laws. Recipient shall observe and comply with all applicable laws, ordinances, regulations, and rules of the federal, State, county and City governments, in particular, Chapter 351 of the Tax Code. This Agreement is also subject to applicable provisions of the City Charter and the City Code of Ordinances. XIV. Non-discrimination. Recipient shall not discriminate nor permit discrimination against any person or group of persons as to employment or in the provision of services, activities, and programs. Discrimination, as it pertains to this section, includes discrimination on the basis of race, religion, national origin, sex, disability, or age, or in any other manner that is prohibited by the laws of the United States or the State of Texas. The Director retains the right to take any action deemed necessary to enforce this non-discrimination covenant. Any violation of this non-discrimination provision will result in the immediate termination of this Agreement. XV. Indemnity. Recipient fully agrees to indemnify and hold harmless the City of Corpus Christi, its officers, employees, representatives, and agents ("Indemnitees") against any and all liability, damage, loss, claims, demands, and actions of any nature due to personal injuries including, but not limited to, workers' compensation and death claims, or to any property loss or damage of any kind that arises out of or is in any manner connected with, caused by, either proximately or remotely, wholly or in part, or claimed to have arisen out of, been connected with, or have been caused by any act or omission, negligence, or misconduct on the part of Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees participating in or observing Recipient's Eligible Activities. Recipient further agrees to indemnify and hold harmless Indemnitees in any situation in which injury or damage results from a violation by the Indemnitees or Recipient, or Recipient's agents, servants, employees, guests, contractors, patrons, licensees, or invitees, of any law, statute, ordinance, or government order of any kind pertaining to this Agreement or the Eligible Activities funded in part or in whole by this Agreement. Furthermore, Recipient shall indemnify and hold harmless Indemnitees where injury or damage results or arises out of the exercise, rights, or performance of obligations created by this Agreement. These terms of indemnification are effective regardless of whether said injuries or damages result from the sole negligence, contributory negligence, or concurrent negligence of Indemnitees. Recipient must, at its own expense, investigate all claims and demands, attend to their final resolution either by settlement or otherwise, defend all actions with counsel satisfactory to Indemnitees, and pay all costs and expenses related to such actions on account of liability, damage, loss, claims, demands, or actions, including attorney fees. XVI. Termination. (A) The City may terminate this Agreement for any of the following reasons: (1) The City may immediately terminate the Agreement due to any violation by Page 3 of 7 Recipient of section XIII or XIV of this Agreement. (2) The City may terminate the Agreement upon the expiration of 14 days' advance written notice, specifying that the Director has determined that Grant Funds were used for purposes other than those allowed under Section 351.101(a) of the Tax Code and require Recipient to reimburse the City all Grant Funds awarded. (3) The City may terminate this Agreement due to the Recipient's use of Grant Funds to pay for activities other than those qualifying as Eligible Activities under section IV of this Agreement. The Director has the sole discretion to make the determination that the Grant Funds were used for activities other than those qualifying as Eligible Activities. The City may terminate the Agreement upon 14 days' advance written notice and require Recipient to reimburse the City all Grant Funds awarded. (B) Recipient may terminate this Agreement without cause upon 30 days' advance written notice to the City. If Recipient chooses to terminate the Agreement, Recipient must repay all Grant Funds awarded, whether those funds were expended on Eligible Activities or not. XVII. Severability. If any term or provision of this Agreement or its application to a person or circumstance is determined to be illegal, unenforceable or invalid, the remainder of this Agreement will not be affected by that illegality, unenforceability, or invalidity. To the extent possible, similar legal, valid, and enforceable terms will automatically be substituted for those that are found to be illegal, invalid, and unenforceable. XVIII. Notices. All notices provided for or permitted under this Agreement by either party must be in writing and must be delivered by one of the following methods: (1) personal delivery or (2) deposit with the United States Postal Service (USPS) via certified mail, return receipt requested, postage prepaid. Notice deposited with the USPS in the manner described above will be deemed effective two business days after deposit with the USPS with proof of mailing. All notices must be madeto: If to City: City of Corpus Christi If to Recipient: Texas State Aquarium Assn. Director, Parks & Recreation Attn: Executive Director P.O. Box 9277 2710 N. Shoreline Blvd. Corpus Christi, TX 78469-9277 Corpus Christi, TX 78402 Either party may change the address to which notice is sent by providing notice as described above. Recipient must notify the City of an address change within 10 days after Recipient's address has changed. XIX. Waivers. The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights as enumerated in this Agreement. XX. Entirety. This Agreement and all exhibits attached constitute the entire understanding and agreement between the parties regarding the subject matter described in this Agreement. No other written documents or oral representations have any force or effect on the subject matter of this Agreement. XXI. Captions. The captions contained in this Agreement are not a part of this Agreement and do not in any way affect or alter the terms of this Agreement. Page 4 of 7 XXII. Assignment. This Agreement may not be, in whole or in part, assigned or transferred directly or indirectly by the Recipient without the prior written consent of the City Manager. XXIII. Disclosure of Interests. Recipient agrees to comply with City Ordinance No. 17112 and complete the Disclosure of Interests form as part of this Agreement. Recipient agrees to comply with Texas Government Code Section 2252.908 and complete Form 1295 Certificate of Interested Parties form as part of this Agreement, if applicable. For more information, please review the information on the Texas Ethics Commission's website at https://www.ethics.state.tx.us. Recipient 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. This Agreement is effective upon the date of the last signature. CITY OF CORPUS CHRISTI ATTEST: Peter Zanoni, City Manager Rebecca Huerta, City Secretary Date: Date: Approved as to legal form: Assistant City Attorney TEXAS STATE AQUARIUM ASSOCIATION Signature Name: Title: Date: Page 5 of 7 EXHIBIT A Texas Tax Code, as amended. § 351.101. USE OF TAX REVENUE. a) Revenue from the municipal hotel occupancy tax may be used only to promote tourism and the convention and hotel industry, and that use is limited to the following: (1) the acquisition of sites for and the construction, improvement, enlarging, equipping, repairing, operation, and maintenance of convention center facilities or visitor information centers, or both; (2) the furnishing of facilities, personnel, and materials for the registration of convention delegates or registrants; (3) advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; (4) the encouragement, promotion, improvement, and application of the arts, including instrumental and vocal music, dance, drama, folk art, creative writing, architecture, design and allied fields, painting, sculpture, photography, graphic and craft arts, motion pictures, radio, television, tape and sound recording, and other arts related to the presentation, performance, execution, and exhibition of these major art forms; (5) historical restoration and preservation projects or activities or advertising and conducting solicitations and promotional programs to encourage tourists and convention delegates to visit preserved historic sites or museums: (A) at or in the immediate vicinity of convention center facilities or visitor information centers; or (B) located elsewhere in the municipality or its vicinity that wouldbe frequented by tourists and convention delegates; (6) for a municipality located in a county with a population of one million or less, expenses, including promotion expenses, directly related to a sporting event in which the majority of participants are tourists who substantially increase economic activity at hotels and motels within the municipality or its vicinity; and (b) Revenue derived from the tax authorized by this chapter shall be expended in a manner directly enhancing and promoting tourism and the convention and hotel industry as permitted by Subsection (a). That revenue may not be used for the general revenue purposes or general governmental operations of a municipality. (c) The governing body of a municipality by contract may delegate to a person, including another governmental entity or a private organization, the management or supervision of programs and activities funded with revenue from the tax authorized by this chapter. The governing body in writing shall approve in advance the annual budget of the person to which it delegates those functions and shall require the person to make periodic reports to the governing body at least quarterly listing the expenditures made by the person with revenue from the tax authorized by this chapter. The person must maintain revenue provided from the tax authorized by this chapter in a separate account established for that purpose and may not commingle that revenue with any other money. The municipality may not delegate to any person the management or supervision of its convention and visitors' programs and activities funded with revenue from the tax authorized by this chapter other than by contract as provided by this subsection. The approval by the governing body of the municipality of the annual budget of the person to whom the governing body delegates those Page 6 of 7 functions creates a fiduciary duty in the person with respect to the revenue provided by the tax authorized by this chapter. (d) A person with whom a municipality contracts under this section to conduct an activity authorized by this section shall maintain complete and accurate financial records of each expenditure of hotel occupancy tax revenue made by the person and, on request of the governing body of the municipality or other person, shall make the records available for inspection and review to the governing body or other person. (e) Hotel occupancy tax revenue spent for a purpose authorized by this section may be spent for day- to-day operations, supplies, salaries, office rental, travel expenses, and other administrative costs only if those administrative costs are incurred directly in the promotion and servicing expenditures authorized under Section 351.101(a). If a municipal or other public or private entity that conducts an activity authorized under this section conducts other activities that are not authorized under this section, the portion of the total administrative costs of the entity for which hotel occupancy tax revenue may be used may not exceed the portion of those administrative costs actually incurred in conducting the authorized activities. (f) Municipal hotel occupancy tax revenue may not be spent for travel for a person to attend an event or conduct an activity the primary purpose of which is not directly related to the promotion of tourism and the convention and hotel industry or the performance of the person's job in an efficient and professional manner. (g) Nothing in this section shall prohibit any private entity, person, or organization from making subgrants by contract to any other person, entity, or private organization for expenditures under Section 351.101(a)(4). A subgrantee shall: (1) at least annually make periodic reports to the governing body of its expenditures from the tax authorized by this chapter; and (2) make records of these expenditures available for review to the governing body orother person. THE ABOVE IS A SUMMARY OF A PORTION OF CHAPTER 351 OF THE TEXAS TAX CODE. IT IS THE RECIPIENT'S RESPONSIBILITY TO VERIFY THE CONTENT AND ACCURACY OF ANY APPLICABLE PROVISIONS OF TEXAS LAW IN ACCORDANCE WITH THIS AGREEMENT. Page 7 of 7 PUSC ' FY 2025 PROPOSED c ANNUAL OPERATING BUDGET FISCAL YEAR 2024-2025 PROPOSED 2nd Reading OPERATING �oap�S�NR September 10, 2024 BUDGET CITY OF CORPUS CHRISTI PRESENTED TO CITY COUNCIL CITY MANAGER ON JULY 30,2024 PETER ZANONI Addresses1 Community Priorities Provide property tax relief for families and seniors and eliminate fees ., P� �, ;.,�.I' -o . �a crcrofcoRPuscHzsn ",. GORpUSCH�yr� 1 'I � � '{.. PUBLIC WORKS ,r1 s !�I l �r �� EPARPMENi s �� N �•. � ! — �:�4�;( .i � ,'�--fir fje #- H '-Ft ��• �� • Total Police Officer Count is 501 • Total Firefighter Count is 455 • $129AM investment in Streets • One Police Academy funded • Fire Academy funded(January 2025) • No disruption in Rapid (July 2025) • Replacement of 2 Fire Pumpers and 3 Pavement Program business • Increased marked unit Medic Units model and progress replacement by 75 vehicles 2 FY 2025 Proposed CityBudget General Fund ['-,294.3 Million kL Operating Enterprise Funds p g $318.6 Million Budget Special Revenue Funds $990.7M $225.7 Million hL Debt Funds $152.1 Million Capital Budget - $867.6 TotalO eratin and Million pg (Funds to be encumbered or spent in FY 2025) Capital $1.8 Billion Excludes transfers between funds and excludes internal service funds as budgets are included in listed funds. 3 FY2025 Public Safety (Sworn) Positions Budgeted Positions 1 800 456 466 491 501 501 600 400 Full-Time Civilian Positions 414 422 446 455 455 3,000 200 2,500 0 2,000 FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 1,500 2408 2,555 2,772 2,828 2,787 2,805 Firefighters Police Officers , 1,000 500 Part-Time Civilian Positions 0 45 0 0 / FY 2021 FY 2022 FY 2023 FY 2024 Original Amended 400 Proposed Proposed 350 FY 2025 FY 2025 300 250 458 467 200 78 positions reduced in original proposed budget 150 307 100 60 positions reduced in amended proposed budget so 0 Increase positions for Storm Water crews and Gas crews FY 2021 FY 2022 FY 2023 FY 2024 FY 2025 Net full-time positions decrease b 23 After Hour Kid Power: 84 seasonal positions added for 4 new h Y sites and increased enrollment at existing sites 4 Property Tax — No tax rate adjustment assumed in City proposed budget Rates City property tax relief • Homestead Exemption 10% to 20% Residential Over 65/Disabled-$50,000 to $62,500 Customers Water — Proposed rate adjustment Wastewater — Proposed rate adjustment Storm Water — Proposed rate adjustment Gas — No proposed rate adjustment rn ~� adjustment Solid Waste — No Proposed rate adj ., p J Street Maintenance Fee — Eliminated 12-31-23 5 Sample Utility Bill for Residential Customer Current Fee Proposed Fee Water' $ 39.06 $ 37.29 ($ 1.77) Wastewater $ 54.64 $ 59.32 $ 4.68 Storm Water $ 8.84 $ 10.32 $ 1.48 - Natural Gas $ 18.60 $ 18.60 $ 0.00 Solid Waste $ 27.85 $ 27.85 $ 0.00 Per Month $ 148.99 $ 153.38 $ 4.39 % increase 2.94% ! 'Based on 6,000 gallons water usage 2Based on 5,000 gallons winter quarter average 6 Projected Fund Balance Use FY 2024 FY 2025of • Projected Projected Fund Explanation Ending • General Fund $ 80.7 $71.2 $9.5 Street Transfer, Fire Equipment, IDA Refund Water Fund 49.8 43.9 5.9 CIP cash funding Wastewater Fund 43.3 28.4 14.9 CIP cash funding, Storm Water Legacy Debt,Trust Funds Storm Water Fund 12.7 11.7 1.0 Capital outlay Gas Fund 7.0 5.8 1.2 Capital outlay HOT Fund 5.1 0.4 4.7 CIP cash funding SHOT Fund 4.5 1.4 3.1 Half CIP cash funding/Half recurring expenses Street Maintenance Fund 14.0 2.8 11.2 CIP cash funding Residential Street Fund 17.9 8.2 9.7 CIP cash funding Fire Health Benefit Fund 11.3 4.0 7.3 Capital Outlay Police Health Benefit Fund 7.3 3.6 3.7 Capital Outlay and One-time HSA contribution Citicare Health Benefit Fund 13.0 7.5 5.5 One-time HSA contribution Total $77.7 Budget Amendments General Fund Net Revenue adjustment/ Use of Fund Balance $29,948 Expenditures Increase: Restore 5 of 5 Code Compliance Officers $284,783 Restore Code Compliance $200K of$400K mowing budget and $300,000 $100K of$200K demolition budget Restore 40 of 55 hours to Garcia Library $404,265 Restore 3 months of OSO Bay Learning Center Operations $269,822 Restore Greenwood Senior Center Operations $180,191 Restore 2 Animal Care Kennel Technicians $77,917 Add Funding for Community Text Messaging Service Pilot Program $300,000 Adding funding for North Beach Kiwanis Baseball Field $100,000 Adding Funding for 1 Grant Writer Position $63,256 8 Budget Amendments General Fund Expenditures Decrease: Decrease Transfer to Street Fund and use Steet Fund Balance $699,684 (no reduction in street funding) Additional Projected Vacancy Savings $628,051 Eliminate funding for Assistant City Manager (ACM) and ACM Executive $358,065 Assistant Decrease Overtime across various departments $184,429 Decrease Cash Management Temporary Services $70,007 Eliminate 2 positions as part of Library Director's Alternative Hours Plan $69,946 9 Budget Amendments Special Revenue Funds ■ Street Maintenance — $699,684 ➢ Decrease Interfund Transfer from General Fund and replace with fund balance in Street maintenance fund - $699,684 ■ Local Emergency Planning Fund - $8,631 ➢ Increase Contributions and Donations revenue - $8,631 ➢ Increase Everbridge Agreement expenditures - $8,631 Zo City Council Budget '� Workshops (August 1st, gth, 15th� 22nd 29th completed ) Budget Community 000 Input Sessions (August 5th, Thy gth, 14th Next 15th,19th, 21st completed) s Step (Tax Rate- September 3rd) (Budget—September 3rd) r , Budget and Tax Rate Adoption (1st reading September 3rd 2nd reading September loth) 11 PUSC ' FY 2025 PROPOSED c ANNUAL OPERATING BUDGET FISCAL YEAR 2024-2025 PROPOSED 2nd Reading OPERATING �oap�S�NR September 10, 2024 BUDGET CITY OF CORPUS CHRISTI PRESENTED TO CITY COUNCIL CITY MANAGER ON JULY 30,2024 PETER ZANONI �o U NCOFPORA11 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 3, 2024 Second Reading item for the City Council Meeting of September 10, 2024 DATE: August 26, 2024 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Second Reading Ordinance of the Proposed FY2024- 2025 Capital Budget CAPTION: Ordinance adopting the Corpus Christi Fiscal Year 2024 - 2025 Capital Budget, beginning October 1, 2024. SUMMARY: This item is to adopt the capital budget for the upcoming fiscal year with total proposed capital budget of $1,008,689,147 for the Capital Improvement Program. BACKGROUND AND FINDINGS: As part of City Municipal Code Article V. Planning, Section 3. Power and Duties of Planning Commission, Paragraph A, Number 6: The Planning Commission shall review and make recommendations to the City Council on the City's annual Capital Budget. On Wednesday, August 7, 2024, a summary presentation of the FY 2024-2025 Capital Budget was held before the Planning Commission describing program highlights and funding sources. Planning Commission recommended approval of the FY 2024-2025 Capital Budget during the August 21, 2024, meeting. City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing capital budget of$1,008,689,147. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. FISCAL IMPACT: Total proposed expenditures of$1,008,689,147 for the Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the FY2024-2025 Capital Budget of$1,008,689,147. LIST OF SUPPORTING DOCUMENTS: FY 2024-2025 Capital Budget Ordinance Page 1 of 1 ORDINANCE Adopting the Corpus Christi Fiscal Year 2024-2025 Capital Budget in the amount of $1,008,689,147.00 as amended by the schedule of adjustments, beginning October 1, 2024. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2024 — 2025 Capital Budget in the amount of $1,008,689,147.00 is hereby adopted, subject to the attached Schedule of Adjustments. A copy of the Fiscal Year 2024 — 2025 Capital Budget and Capital Improvement Program Planning Guide will be filed in the Office of the City Secretary SECTION 2. Upon passage of this ordinance, certain sums of money from the sources identified in the planning guide, shall be and are appropriated to cover the sums for expenditures as provided for each of the several funds in the Capital Budget. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary US° ► A �8F- A tCIP:O FY2024-2025 .� PROPOSED CAPITAL BUDGET FISCAL YEAR 2024-2025 PROPOSED 15t Reading and Public Hearing of CAPITAL Proposed Capital Budget, September 3, 2024 c°aeus cyR 2nd Reading and Adoption of CITY OF CORPUS CHRISTI Proposed Capital Budget, PRESENTED TO CITY COUNCIL CITY MANAGER September 10, 2024 ON JULY 30,2024 PETER 1ANON1 p CIP Program ➢ Comprehensive ten-year Capital Improvement Plan (CIP) -� Program was reestablished in FY 2019-2020 ➢ Managed by the Office of Management and Budget and implemented by the Engineering Department �-- ➢ CIP is developed, updated and proposed by City Departments and annually adopted by City Council ➢ FY 2025 will be the City's 6t" Comprehensive CIP Budget CAPITAL�r4m_ ,. , T -- tADOPTED CAPITAL BUDGET BUDGET � .F FS �� \ 10-year CIP ➢ The Capital Improvement Plan (CIP) is a statement of the City's policy regarding short and long-range physical development. In the City of Corpus Christi, this program covers a ten-year period, short-range (Year 1-3) and long-range (Year 4-10) and sets the framework within which capital improvements will be taken. Annual Capital • First year of the 3-year short-range CIP Budget • All projects have a funding source identified and are approved by City Council rr— --Err- • A schedule of capital expenditures to be incurred over the rsh• ' . • ' annual Capital Budget plus two(2) additional years • All projects have a funding source identified and the first year is approved annually by City Council • The long-range plan extends the CIP for an additional Long-Range seven (7)years beyond the short range,for a complete ' plan that includes ten (10)years CIP (Year • The long-range CIP projects must be realistic but do not have a funding source identified 3 FY25 CIP Uses Program Funding Funding Uses by Program Water $ 517.2M 51.3% Wastewater $ 182.7M 18.1% Streets(Less Utility Support) $ 78.8M 7.8% ` �• '�•�,�,��. 3 I � �� ;� Parks& Rec $ 71.6M 7.0% Storm Water $ 52.1M 5.2% — Economic Development $ 34.9M 3.5% ® !-•, _ � Public Health &Safety $ 29.01VI 2.9% R o Gas $ 26.9M 2.7% Public Facilities $ 12.1M 1.2% �a�eC`I�aS`��SJtiCdySJPp°\Qa�Ks&ReStOC°QctOeJQJ�``Na\t�&SIN fety GQ�q\``Ea�Jt>e5 pj<P°� Airport $ 3.4M 0.3% Streets es �` Total FY 2025 Capital Uses $ 1,008.7M 100%4 FY25 CIP Funding Sources - Funding Sources by Program , y. Revenue Bonds �.. (Debt supported by Utility Rates) $ 474.2M 47% - State Loans (Debt supported by Utility Rates) $ 221.1M 22% Operating Funds Reserves " - (Cash from Operating Funds) $ 81.1M 8% r "_ Certificates of Obligation (Debt supported by Property Tax) $ 57.OM 6% _ General Obligation Bonds (Debt supported by Property Tax) $ 51.3M 5% rfi. =Tw Type A/B Sales Tax (Cash funding from Sales Tax) $ 49.6M 5/0 Grants w♦�. (Cash funding from grants) $ 42.6M 4% $42.6 American Rescue Plan Act 21.4 (Cash funding from Federal Gov.) $ 21.4M 2% Tax Increment Financing District Revenue State Loans Operating Certificates General Type A/B Grants American Tax (Cash funding from Property Tax) $ 10.4M 1% Bonds Fund of Obligation Sales Tax Rescue Increment Total FY 2025 Capital Sources $1,008.7M 100% Reserves Obligation Bonds Plan Act Financing District ,rj CIP Debt Issuance • •Council approves the Capital Budget containing Debt(e.g.,$100M) Annual authorizing the City to pursue contracts for this work • - •Council approves a Reimbursement Resolution Budget •No new debt is issued •No new debt payment •New debt issuance-30%of Year 1 debt is issued (e.g.,$30M).The City only issues debt based on actual expenditures, percentage may change. -No new debt payment.Debt payment starts the following year •Debt payment begin for 30%debt issuance Year 3 •New debt issuance—70%of Year 1 debt issued(e.g.,$70M).The City only issues debt based on actual expenditures,percentage may change. � •Second year of debt payments on the 30%issuance •First year of debt payments for the 70%issuance 6 US° ► A �8F- A tCIP:O FY2024-2025 .� PROPOSED CAPITAL BUDGET FISCAL YEAR 2024-2025 PROPOSED 15t Reading and Public Hearing of CAPITAL Proposed Capital Budget, September 3, 2024 c°aeus cyR 2nd Reading and Adoption of CITY OF CORPUS CHRISTI Proposed Capital Budget, PRESENTED TO CITY COUNCIL CITY MANAGER September 10, 2024 ON JULY 30,2024 PETER 1ANON1 p s cr �o � 0 fa y9gP00.pE as52 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of September 3, 2024 Second Reading Ordinance for the City Council Meeting of September 10, 2024 DATE: August 17, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO Assistant City Manager HeatherH3(o-)cctexas.com (361) 826-3506 Public Hearing and Second Reading to Set the Fiscal Year 2024-2025 Ad Valorem Tax Rate CAPTION: Ordinance setting a property tax rate of $0.599774 per $100 valuation which is effectively a 6.03% increase over the no-new-revenue tax rate and approving the tax roll as calculated. (60 percent favorable vote required) SUMMARY: The State Property Tax Code requires that one public hearing be held when a taxing unit proposes a tax rate that exceeds either the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.599774 per $100 valuation for Fiscal Year (FY) 2024-2025. This tax rate is greater than the No-New-Revenue (NNR)Tax Rate of $0.565672 per $100 valuation but below the Voter-Approval (VAR) tax rate of $0.621255 per $100 valuation. The proposed rate is the same as the current tax rate. 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 Council took a record vote on the proposed tax rate on August 13, 2024 and set the public hearing for September 3, 2024. Along with the public hearing, the first vote on the tax rate will be held with the second vote for the final adoption of the budget and tax rate will being held on September 10, 2024. The tax rate is broken down between Maintenance and Operations (M&O) and Interest and Sinking (I&S) Of the $0.599774, $0.220949 is allocated to I&S and $0.378825 is allocated to M&O. Below is a comparison of the average homestead taxable value between FY 2023-2024 and FY 2024-2025. Due to the increase in the homestead exemption from 10% to 20% the average taxable value decreased year over year and the average homestead will pay $27.80, or 2.24%, less than the prior year. Average Average Average Estimated Fiscal Year Market Value Homestead Taxable Value City Taxes Exemption FY 2023-2024 $264,283 $57,726 $206,557 $1 ,239 FY 2024-2025 $274,946 $73,024 $201 ,922 $1 ,211 ALTERNATIVES: The public hearing is required to be in compliance with the Truth-in-Taxation guidelines as it relates to the adoption of the budget and the property tax rate. FISCAL IMPACT: We anticipate generating tax revenues of$170,100,606 for the City. The amount needed for debt service or (I&S) is $60,039,094 and the difference of $110,061,512 is for the general fund or (M&O). Of this amount, $10,869,313 will be transferred to the Streets Fund for Residential Streets. Additionally, $7,122,328 of the $170,100,606 in tax revenues will be collected for the Tax Increment Reinvestment Zones. RECOMMENDATION: Staff recommends approval of the FY 2024-2025 Budget and Ad Valorem Tax Rate of $0.599774 per $100 valuation. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance setting a property tax rate of $0.599774 per $100 valuation which is effectively a 6.03% increase over the no-new-revenue tax rate and approving the tax roll as calculated. WHEREAS, this tax levy is in accordance with the City's fiscal year 2024-2025 operating budget adopted on September 10, 2024; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2024 as follows: $0.378825 for the purpose of maintenance and operation 0.220949 for payment of principal and interest on debt $0.599774 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 2.1 PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $7.95. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2024 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.378825 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Four cents shall be dedicated for residential street reconstruction in accordance with Article VIII, Section 1(c) of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. If the tax rate is reduced by the results of an election to repeal the tax increase to the voter-approval rate, then the reduction shall first reduce the aforementioned residential street reconstruction portion of the tax rate and dedicated fund. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2024 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.220949 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Corpus Christi bonds: Page 1 of 5 ANNUAL DEBT SERVICE DUE FY 2024-2025 Annual Debt Service 2024-2025 Principal Interest & Total Fees 2015 Taxable CO's - Landfill $ 470,000 $ 246,714 $ 716,714 2016 CO's -Facilities 95,000 50,637 145,638 2016ATax& Limited Pledge CO's- 745,000 435,900 1,180,900 Streets 2017 Tax and Limited Pledge -Landfill 270,000 21,093 291,093 2018A Comb Tax& Limited Pledge 640,000 580,400 1,220,400 Revenue CO 2018B Comb Tax & Limited Pledge 315,000 251,899 566,900 Revenue CO, Taxable 2021A Comb Tax& Limited Pledge 310,000 280,650 590,650 Revenue CO 2021 B Comb Tax & Limited Pledge 395,000 162,425 557,426 Revenue CO - Landfill 2022A Comb Tax& LimitedPledge Rev 340,000 461,500 801,500 CO 2022B Tax Lt Rev CO Taxabl Ldf 320,000 403,602 723,602 2023A Comb Tax& Limited Pledge 185,000 265,625 450,625 Revenue CO 2023B Comb Tax & Limited Pledge 33,773 63,135 96,909 Revenue CO - Golf 2023B Comb Tax & Limited Pledge 211,2264 394,862 606,089 Revenue CO - Landfill 2024A Comb Tax& Limited Pledge 4,585,000 2,096,532 6,681,533 Revenue CO - mix 2024B Comb Tax & Limited Pledge 165,000 713,470 878,470 Revenue CO, Taxable - Landfill 2015 General Improvement Refunding - 7,140,000 1,538,750 8,678,750 GG Actvs 2015 General Improvement-GG Actvs 4,340,000 2,602,400 6,942,400 2016 General Improvement Refunding - 450,000 79,950 529,950 GG Actvs 2016A General Improvement Refunding 785,000 36,347 821,347 2018 General Improvement- Streets 730,000 701,000 1,431,000 2019A General Improvement Refunding 870,000 100,296 970,296 - Parks Page 2 of 5 2019B General Improvement Refunding 410,000 61,440 471,440 Tax-Airport 2020A General Improvement 3,010,000 3,021,250 6,031,250 2020B GO Refunding - Streets 1,300,000 1,116,000 2,416,000 2020C.1 General Improvement - 48,143 48,143 Refunding Taxable-Airport 2020C.2 General Improvement - 115,030 115,030 Refunding Taxable-Landfill 2020C.3 General Improvement - 167,825 167,825 Refunding Taxable-Landfill 2020C.4 General Improvement - 145,829 145,829 Refunding Taxable-Landfill 2020C.5 General Improvement - 799,705 799,705 Refunding Taxable 2021C.1 General Improvement 6,605,000 93,296 6,698,296 Refunding Taxable 2021C.2 General Improvement 4,380,000 67,049 4,447,049 Refunding Taxable 2021D.1 General Improvement 985,000 308,125 1,293,125 Refunding - Airport 2021E General Improvement Refunding 240,000 41,700 281,700 Airport AMT 2022C General Improvement Bonds 1,035,000 1,432,325 2,467,325 2023 General Improvement Bonds 1,045,000 1,514,225 2,559,225 2024 General Improvement Bonds 5,825,000 2,659,707 8,484,707 2023 Ltd Tax Notes 430,000 135,750 565,750 2014 Public Property Financial Oblig 845,000 31,537 876,537 Total required for FY2025 debt service $ 49,505,000 $ 23,246,128 $ 72,751,128 Less: Amount to be paid from unencumbered balance $ 10,710,483 Less: Self-supporting $ 2,180,321 Excess Collections from Prior Year 3,671,438 Total to be paid from taxes in FY2025 $ 56,188,886 Amount added in anticipation that the City will collect only 96.22% of its taxes $ 2,207,378 in FY 2025 Total Debt Levy $ 58,396,264 In addition to the ad valorem tax levy for debt service totaling $58,396,264 the balance of Page 3 of 5 this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2024 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1, 2025, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. City staff, acting through the City Manager, are directed to notify the tax assessor ("Assessor") of the tax rate for the tax year 2024 adopted pursuant to this ordinance, which rate the Assessor shall use in calculating the tax imposed on each parcel of property included on the City's appraisal roll, which tax amounts the Assessor shall enter in the appraisal roll and submit to the City for approval, all in accordance with Section 26.09 of the Texas Property Tax Code. Pursuant to this clause, the appraisal roll with amounts so calculated, entered, and submitted to the City is hereby approved and constitutes the City's tax roll. SECTION 6. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2024, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter The foregoing ordinance was read for the second time and passed finally on this the day of , 2024, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter Page 4 of 5 PASSED AND APPROVED on this the day of , 2024. ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary Page 5 of 5 s� FY 2025 ° ' A-'����� -' PROPERTY TAX RATE m 1r �NC0RPORA�9 September 3 7852 p , 2024 FY 2025 Tax Rate Proposed Tax Rate $0. 599774,,...,al..ion (Same as the current tax rate) No New Revenue Rate Voter Approval Rate (formally the effective tax rate) (formally the roll back rate) Rate that effectively produces Rate that increases the the same revenue as last year Maintenance & Operations rate 3.5% higher than the No New Revenue Rate and requires voter approval if proposed tax rate is above this rate $0.5 65 67Z$100 valuation $0.62125 51$100 valuation 2 Property Tax Dollar 'N Nj I A "T. c 1123 a i N°�i'tiF1 LVfRE'ijAl,r7.G:.. r 3 IC 812302510 d $110,061,512 or 64.7% Residential Streets Tax Increment $60,039,094 or 35.3% Maintenance and The equivalent of Financing Zones Interest and Sinking Operations $•04,or$10.91VI, A total of$7.11VI (I&S) will be allocated will be allocated (M&O) from M&O from M&O Debt Service for existing debt 3 Property Tax Relief Average Market Average Homestead Average Taxable Fiscal Year Estimated City Taxes Value Exemption Value FY2023-2024 $264,283 $57,726 $206,557 $103.25/month $1,239/annually FY2024-2025 $274,946 $73,024 $201,922 $100.92/month $1,211/annually Due to the increase in the homestead exemption from 10% to 20%, the average taxable value decreased year over year and the average homestead will pay $27.80, or 2.24%, less than the prior year. 4 Property Tax Relief Additional examples for homes of various valuations Taxable Value Taxable Value Annual Savings Home with 10% Total with 20% Total with 20% Value Homestead Tax Homestead Tax Homestead Exemption Exemption Exemption $50,000 $45,000 $270 $40,000 $240 $30 $100,000 $90,000 $540 $80,000 $480 $60 $250,000 $225,000 $1,349 $200,000 $1,200 $150 $400,000 $360,000 $2,159 $320,000 $1,919 $240 $550,000 $495,000 $2,969 $440,000 $2,639 $330 $700,000 $630,000 $3,779 $560,000 $3,359 $420 5 Questions? 6 se 0 PH U AGENDA MEMORANDUM �CORPOB 11 Ordinance for the City Council Meeting of September 3, 2024 1852 Second Reading for the City Council Meeting of September 10, 2024 DATE: August 21, 2024 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Assistant City Manager HeatherH3(a)cctexas.com (361) 826-3506 Ratification of FY 2025 Property Tax Increase CAPTION: Ordinance ratifying the property tax increase reflected in the FY 2024-2025 Operating Budget that will require raising more revenue from property taxes than in the FY 2023-2024 Operating Budget in amount of$531,037. SUMMARY: This item is to adopt the budget with the increase of $531,037 in property tax revenues for the upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. The City of Corpus Christi is proposing a budget with an increase of$531,037 or .31% in property tax revenue from last year's operating budget. The $531,037 breakdown is General Fund $157,235, Debt Service Fund $102,805, Residential Street Reconstruction Fund $18,562, and Tax Increment Reinvestment Zones $252,435, and of that amount an estimated $3,805,453 is tax revenue to be raised from new property added to the tax roll this year. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed revenues are $1,178,851,964 which includes an increase of$531,037 in property tax revenues over the prior year. RECOMMENDATION: To adopt budget with the increase of$531,037 in property tax revenues for the upcoming fiscal year as per charter requirement. LIST OF SUPPORTING DOCUMENTS: FY 2024-2025 Ordinance to ratify property tax increase Ordinance ratifying the property tax increase reflected in the FY 2024- 2025 Operating Budget that will require raising more revenue from property taxes than in the FY 2023-2024 Operating Budget in amount of$531,037.00. WHEREAS, the City Council has, on the same date as and prior to its consideration and adoption of this Ordinance, adopted by separate Ordinance the budget of the City of Corpus Christi for the FY 2024-2025; WHEREAS, the FY 2024-2025 budget will require raising more revenue from property taxes than in the budget of the City of Corpus Christi for FY 2023-2024; WHEREAS, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget, and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; and WHEREAS, in order to comply with that provision, it is necessary for the City Council to adopt this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the requirements of Section 102.007 (c), Texas Local Government Code, the property tax increase reflected in the FY 2024-2025 Operating Budget that will require raising more revenue from property taxes than in the FY 2023- 2024 Operating Budget in the amount of $531 ,037.00 is hereby ratified. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary .bus cr� AGENDA MEMORANDUM " First Reading Ordinance for the City Council Meeting September 3, 2024 NORPQAFSfV Second Reading Ordinance for the City Council Meeting September 10, 2024 xs5� DATE: August 27, 2024 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 826-3232 Amending Chapter 9 of the City Code of Ordinances CAPTION: Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 - Parking Rates, by revising the parking rates at the Corpus Christi International Airport, effective October 1, 2024. SUMMARY: The proposed amendments adjust rates and charges within the ordinance. These changes are in coordination with the budget process. BACKGROUND AND FINDINGS: Since bringing parking operations back under direct City management in 2021, CCIA has made numerous improvements in the parking lots including covered parking canvas replacements, parking systems equipment upgrades, LED lighting upgrades, pavement maintenance and sealing, signage and markings, and landscaping. These upgrades improve passenger experience and extend the useful life of infrastructure. To be more competitive for new or enhanced air service, improvements must continue but must not increase the cost for airlines to operate at the airport. To continue airport improvements and decrease the cost per enplanement (CPE) metric, revenue must increase in non-airline revenue sources like parking, concessions, and non-aeronautical business. Airport staff created a five-year plan to increase non-airline revenues by over$2.1 million, which includes annual adjustments to rates and charges for fuel flowage fees, business development agreements, and parking rate adjustments. This action is part of Year 3 of the (5) year plan. The annual parking rate adjustment is the next prescribed step in the action plan for parking rates and will be followed by future adjustments for all parking lots in FY26 and FY27. ALTERNATIVES: Alternative actions include not adjusting parking rates which would result in increased costs to the airlines and other tenants negatively impacting our CPE (cost per enplanement) and future funds available for parking lot upgrades and improvements. FISCAL IMPACT: The parking rate adjustment to all lots is projected to increase parking revenue by 10% in FY25 with an overall increase to revenue estimated at $254,239. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35030 Department: 53 Project # (CIP Only): N/A Account: 320500 RECOMMENDATION: City staff recommend approval of the ordinance amendment. The Airport Board recommended approval of this ordinance at their regularly scheduled Board meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 - Parking Rates, by revising the parking rates at the Corpus Christi International Airport, effective October 1, 2024. WHEREAS, to be more competitive for new or enhanced air service and to decrease the cost for airlines to operate at the Corpus Christi International Airport, the Airport must decrease the cost per deplanement (CPE) metric by increasing revenue in non-airline revenue sources; and WHEREAS, the parking rates established for the Corpus Christi International Airport ("Airport") are presently included in the Code of Ordinances, Chapter 9, Section 9-35 — Parking rates, and need to be revised. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Code of Ordinances, Chapter 9, "Aviation," Section 9-35 Parking rates is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 9-35. - Parking rates. Parking rates for the public parking lots at Corpus Christi International Airport are established as follows: (1) Long-term parking rates: Maximum with parking ticket for each twenty-four (24) hours -98 $10.00 Without/lost ticket per day .....44Q9 $15.00 Ten (10) per cent reduction in fees for thirty (30) or more days of parking. Commuter monthly parking permits for FAA Part 121 and Part 135 airline flight crew members ..... 45.00 (2) Short-term parking rates: ..... For the first 3 hours .....No Charge For 3.01 hours to 24 hours .....$42.90 $13.00 Maximum with parking ticket for each twenty-four (24) hours .....12 90 $13.00 Without/lost ticket per day .....14-80-$15.00 Commuter monthly parking permits for FAA Part 121 and Part 135 airline flight crew members .....$60.00 for covered or terminal parking lots. (3) Covered parking rates: ..... Maximum with parking ticket for each twenty-four (24) hours ..... $12.00 Without/lost ticket per day .....14-g9 $15.00 Specific rates may be adjusted at any time, and the director shall have the authority to negotiate special rates for special situations (i.e., holidays and special events). Such rates shall bear a reasonable relation to current rates charged for use of similar commercial facilities so as to neither be excessive nor grossly deficient by comparison, provided however, no such rates shall increase annually by more than ten (10) per cent nor shall new fees be created without city council's approval by ordinance or resolution. The director of aviation may waive fees for city employees, active airport board members, elected members of the city council, Texas House, Senate, U.S. Congress, disabled veterans, purple heart recipients, and visitors conducting business at the airport. 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 judgement or decree 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. This ordinance takes effect October 1, 2024. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary CCI A w Corpus Christi International Airport Chapter 9 Revisions Council Presentation • ` ' September 3, 2024 Corpus Chapter 9 Revisions us us Christi International Airport Long Term Daily Parking Rate $9.00 $10.00 Short Term & Covered Daily Parking Rate $12.00 $13.00 Misplaced or Lost Ticket Fee (Long Term lot) $11.00 $15.00 Misplaced or Lost Ticket Fee (Covered & $14.00 $15.00 Terminal) Commuter Permit Fee (Covered & Terminal) $45.00 $60.00 • City Staff recommends approval of Chapter 9, Section 9-35 — Parking Rate revisions. • The Airport Board recommended approval of the revisions to Chapter 9, Section 9-35 — Parking Rates at their regular scheduled meeting. se 0 0 PH U AGENDA MEMORANDUM NCORPO0.1¢ First 1s52 Reading for the City Council Meeting of September 3, 2024 Second Reading for the City Council Meeting of f September 10, 2024 DATE: August 23, 2024 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E., Chief Operations Officer for CCW DrewM(a)cctexas.com (361) 826-1853 Ordinance adopting the water and wastewater rates effective January 1, 2025 CAPTION: Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates effective January 1 , 2025. SUMMARY: This item is to adopt the City of Corpus Christi Code of Ordinances for water and wastewater rates and fees effective January 1 , 2025. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on changes to the Code of Ordinances. The City of Corpus Christi is proposing to amend the City Code of Ordinances, Chapter 55 — Utilities, revising water and wastewater rates as of January 1 , 2025. ALTERNATIVES: The alternative would be to maintain current water and wastewater revenues to be collected at FY 2024 rates, whereby Corpus Christi Water would be forced reduce water and wastewater service levels currently provided to residents so that the City can successfully meet their combined utility revenue bond debt obligations for FY 2025. FISCAL IMPACT: The net financial impact of the revenue generated from the proposed water and wastewater rate changes effective January 1 , 2025 for FY25 is approximately: Water Fund $ 635,000 Wastewater Fund $ 12,400,000 FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Schedule of Water and Wastewater Fee Changes Ordinance Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates, effective January 1, 2025 Whereas, the City of Corpus Christi last amended its utility rates which took effect January 1, 2024; Whereas, the City Council has received presentation on proposed amendments to the utility rates to be effective January 1, 2025 and finds that the proposed rates are just and reasonable and rely upon reasonable methodologies to allocate costs of providing service in calculating the cost of service; Now, therefore, be it ordained by the City Council for the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this ordinance. Section 2. That the City Code Section 55-50 is amended to revise water rates as shown in redline text follows on attached and incorporated Exhibit A. Section 3. That the City Code Section 55-100 is amended to revise wastewater rates as shown in redline text as follows on attached and incorporated Exhibit B. Section 4. The rates as amended by this Ordinance are determined to be just and reasonable. In addition, the rates are not unreasonably preferential, prejudicial, or discriminatory but are sufficient, equitable, and consistent in application to each class of customers. Section 5. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 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 rates as amended by this ordinance take effect January 1, 2025. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary EXHIBIT A Sec. 55-50. Schedule. (a) Base rates for water service.The rates for water service are as follows: (1) Monthly minimum charges. a. Metered treated water customers. 1. Inside city limits("ICL"): Meter Size Effective (Inches) January 1, 20245 Residential %—% $12 02 15.83 Commercial %—% $102 15.83 Residential and Commercial 1 $�0 39.58 1%2 $6469 79.15 2 $ 6 126.64 3 $493-.99 237.45 4 $�2� 00395.75 6 $79 66 870.65 8 $','�0 1,424.70 10 $',�Q 2,374.50 16 or larger $1,z 999 90 2,374.50 Large Volume Any size $"' '�0 35,092.90 Temporary construction 1 $�2 R9 39.58 1%2 $b4.40 79.15 2 $403 A612 6.64 2. Outside city limits("OCL"): Meter Size Effective (Inches) January 1, 20245 Residential %—% $48 49 15.83 Commercial %—% $48-49 15.83 Residential and Commercial 1 $48-45 39.58 1%2 $96-90 79.15 2 $455 04 12 6.64 3 $' 237.45 Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 1 of 9 4 $454-q9 395.75 6 $',^�Q 870.65 8 $'T 44-9 1,424.70 10 $',�00 2,374.50 16 or larger $'�00 2,374.50 Large Volume Any size $2- ^� 35,092.90 Temporary construction 1 $48 45 39.58 1%2 $95 90 79.15 2 $ 6 126.64 b. Untreated water customers. Effective January 1, 2020 Minimum monthly service charge, water $432.20 districts/municipalities with raw water supply contracts executed after January 1, 1997 Minimum monthly service charge for public $263.23 agency for resale untreated water without a raw water supply contract executed after January 1, 19971 Minimum monthly service charge, industrial $451.73 Minimum monthly service charge, domestic $15.04 Minimum annual service charge, domestic $150.57 Minimum monthly service charge, agricultural $225.71 irrigation water service Minimum monthly service charge, temporary $300.95 construction water service Minimum monthly service charge, temporary $1,736.75 large volume industrial untreated water customers obtaining water, which is under contract to the city, from a reservoir under the exclusive control of a river authority 1 Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than$263.23,the customer shall be billed$263.23, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1,2000, provides for a minimum annual payment,the customer shall pay the minimum annual payment under the contract. (2) Monthly volume charges per 1,000 gallons. a. Residential rate. Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 2 of 9 1. Inside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Next 4,000 Gallons $&.99 3.94 Next 9,000 Gallons 8wep Next 1§0 000 Gallons $&.4 7.88 Over 25,000 Gallons 11.82 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Next 4,000 Gallons $&.99 3.94 Next 9,000 Gallons $ 35.91 8vpp Next 1§0 000 Gallons $6,36 7.88 Over 25,000 Gallons 11.82 *Use the minimum charges in subsection (a)(1). b. Commercial rate. 1. Inside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $5-&&3.94 *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $&-&&3.94 *Use the minimum charges in subsection (a)(1). C. Ge*caeur-se Gpt4 thi tic-f e-44 1krigation water inside and outside city limits. Effective January 1, 20245 Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 3 of 9 First 2,000 Gallons Minimum* Over 2,000 Gallons *Use the minimum charges in subsection (a)(1)for ICL customer. d. Residential irrigation water on separate meter. 1. Inside city limits: Meter Size Effective (Inches) January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $&-4§7.88 2. Outside city limits Meter Size Effective (Inches) January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $�3E 7.88 e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $3-.74 2.09 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $244 2.49 *Use the minimum charges in subsection (a)(1). f. Large volume treated water customers. A commercial treated water customer who agrees to pay for a minimum of ten million (10,000,000)gallons of treated water per month is considered a large volume treated water customer.Once a customer has elected to become a large volume treated water customer,the customer will be billed as a large volume treated water customer until the customer notifies the city and requests reclassification as a commercial customer in Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 4 of 9 writing. However,a commercial customer may not elect to become a large volume treated water customer more than once in any twelve-month period. 1. Inside city limits: Effective January 1, 20245 First 10,000,000 Gallons Minimum* Each Additional 1,000 $3.94 Gallons *Use the minimum charges in subsection (a)(1). 2. Outside city limits: Effective January 1, 20245 First 10,000,000 Gallons Minimum* Each Additional 1,000 $3.94 Gallons *Use the minimum charges in subsection (a)(1). 3. Peaking factor. [To be determined.] g. Temporary water service. 1. Treated water. A. Inside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $ 94 *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 20245 First 2,000 Gallons Minimum* Over 2,000 Gallons $5-5&3.94 *Use the minimum charges in subsection (a)(1). 2. Untreated water. A. Inside city limits: Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 5 of 9 Effective January 1, 2022 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). B. Outside city limits: Effective January 1, 2022 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). h. Agricultural irrigation water outside city limits. Effective January 1, 2022 First 2,000 Gallons Minimum* Over 2,000 Gallons 2 x RWCA *Use the minimum charges in subsection (a)(1). i. Public agency for resole untreated water rates. The rates for the purchase of untreated water purchased by a public agency,which does not have a raw water supply contract with the city executed after January 1, 1997, is the average of the monthly raw water cost adjustments, established under subsection (b)of this section,for the period used to determine the composite cost of untreated water under the city's current contract with the public agency. j. Temporary large volume industrial untreated water customers obtaining water,which is under contract to the city,from a reservoir under the exclusive control of a river authority. Effective January 1, 2020 First acre foot or fraction thereof Minimum* Over acre foot $1,248.02 per acre foot or fraction thereof *Use the minimum charges in subsection(a)(1). (b) Raw water cost adjustment(RWCA). In addition to the charges for the base rates for water service, established in subsection (a),a separate charge for the costs of raw water,the RWCA,will be added to each consumer's bill,except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997,will pay the lower of the composite cost,as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997,specified in subsection (a)(2)g.of this section.)The RWCA will be based on projected system-wide raw water sales,adjusted for water losses.The RWCA will be Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 6 of 9 calculated every Ad' year no later than October 1 to be effective the following January� � � R mbeFed eaF using the adopted utility rate model.Twe(2)s bseq eRt years' oI��G� vVill be eale,,�.dated t ed, (1) Use projected system-wide water sales based on historical consumption and projected growth,with adjustments for water losses. (2) Include the annual budgeted cost of debt service. Bond payments,amortization of deferred losses on refundings,and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. (3) Include budgeted expenditures for purchases of water. (4) Include purchases of water rights,amortized over the duration of the water right agreement. (5) Budgeted expenditures for capital items shall be included as follows: a. The expense of acquiring a capital item that costs not more than five hundred thousand dollars ($500,000.00)shall be charged in the year in which it is acquired. b. The expense of acquiring a capital item that costs more than five hundred thousand dollars ($500,000.00)shall be amortized over the number of years used to calculate depreciation expenses,with the half-year convention used in the year of acquisition. (6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines,wells, pumping stations,and related interfund charges. (7) All expenses for consultants,engineering, legal services,and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. (8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. (9) Miscellaneous revenues related to raw water activity,such as oil and gas lease revenues and rentals, is applied as an offset based on annual budgeted amounts. (10) Apply the credit for levelized Choke Canyon debt payments to city rate payers' RWCA.(The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made,with the excess going into the reserve fund.This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount,the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund,the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers.) (11) Include funds necessary to collect coverage required on current annual debt service in order to comply with bond covenants,and improve the financial position and bond ratings of the city's water fund. (12) Include funds necessary to establish and maintain an operating reserve fund with a target amount of twenty-five(25) per cent(or three(3) months)of annual operating expenses for the fiscal year. (13) Include funds necessary to establish and operate a water capital reserve fund with a target amount of two(2)per cent of the respective annual water capital improvements program for the fiscal year or two million dollars($2,000,000.00) (whichever is greater). Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 7 of 9 (14) Include funds necessary to establish and maintain a future water resources reserve fund (water supply development reserve)with an ultimate target balance of thirty million dollars($30,000,000.00),and an annual contribution of approximately two million dollars($2,000,000.00) per fiscal year. Revenue from this water supply development reserve will be deposited into a fund set aside for this purpose. (15) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls,and will not be used for routine expenses. (16) Determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold for the prior two (2)years.Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves,for addition to the capital funds for discretionary cash capital funding of the water utility,or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized.Apply any remaining amount as an adjustment to the RWCA. (c) Definitions. Costs of raw water is the total of all costs of acquiring, producing,storing,conserving,and transporting untreated water from its source to the city's treatment facility and all other points of diversion.These costs include, but are not limited to,the costs of: Construction, including debt service,operation,and maintenance of dams and reservoirs. Construction, including debt service,operation,and maintenance of raw water supply transmission pipelines. Construction, including debt service,operation,and maintenance of wells. Construction, including debt service,operation,and maintenance of facilities capable of converting wastewater effluent,salt water,and brackish ground water into water suitable for municipal, industrial,or agricultural uses. Acquisition of new water supplies and water rights, including the establishment and funding of a reserve dedicated to offset the costs of acquisition of additional water rights and the implementation of long-range water resource development and related capital improvements. Construction,operation,and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. Water supply development and protection, including consultants' studies and reports,investigations, legal fees,court costs,and any other costs related to the development or protection of the water supply. Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition. (d) The raw water cost adjustment shall be calculated on an annual basis for those large volume wholesale customers with contracts containing such provisions. (Ord. No.9472,8-27-1969;Ord. No. 11613,8-8-1973; Ord. No. 12208, §§ 1,2,8-7-1974; Ord. No. 14140, §§ 1-3, 1-25-1978; Ord. No. 16446, §§ 1,2,8-12-1981;Ord. No. 16593 § 1, 10-14-1981; Ord. No. 17166,§§ 1-3,7-28- 1982;Ord. No. 17762, §§ 1,2,8-3-1983; Ord. No. 18351, §§ 1,2,7-24-1984; Ord. No. 18587, §§ 1,2, 12-4-1984; Ord. No.20411, §§ 1,2,7-26-1988;Ord. No.21001, § 1, 10-9-1990; Ord. No.21438, §§ 1-4,7-21-1992;Ord. No. 21814, § 1(a)-(c), 12-14-1993; Ord. No.22741, § 1, 11-12-1996;Ord. No.22832, § 1, 1-28-1997; Ord. No.22879, § 1,3-25-1997; Ord. No.23706, § 1,7-20-1999;Ord. No.23910, § 1, 1-11-2000;Ord. No.24132, § 1,7-25-2000; Ord. Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 8 of 9 No.24531, § 1a,7-24-2001; Ord. No.24969, § 1,7-23-2002;Ord. No.25386, § 1,7-22-2003;Ord. No.025866, § 1, 7-27-2004; Ord. No.026368, § 1,7-26-2005;Ord. No.026900, § 1,7-25-2006;Ord. No.027355, § 1,7-24-2007; Ord. No.027781, § 1,7-22-2008;Ord. No.028256, § 1,7-28-2009; Ord. No. 028686, § 1,7-20-2010; Ord. No. 029158, § 1,7-26-2010;Ord. No.029386, § 1,2-28-2012; Ord. No.029584, § 1,7-31-2012; Ord. No.029917, § 1,7- 30-2013;Ord. No.030242, §2(Exh.A),7-29-2014; Ord. No.030295, § 1,9-23-2014;Ord. No.030605, § 1,9-8- 2015;Ord. No.030718, § 1, 12-15-2015; Ord. No. 031028, § 1, 12-20-2016;Ord. No.031244, § 1,9-12-2017; Ord. No.031632, § 1, 12-11-2018;Ord. No.031873, § 1,9-17-2019;Ord. No.032307, § 1, 12-8-2020; Ord. No.032552, § 1,9-7-2021; Ord. No.032853, § 1,9-6-2022; Ord. No.033149, § 1,9-5-2023) Created: 2024-05-17 10:06:11 [EST] (Supp.No.40,Update 3) Page 9 of 9 EXHIBIT B Sec. 55-100. Schedule. (a) The monthly charge to be paid by users of wastewater service furnished by the city's municipal sewer system,except as otherwise provided in articles VI and XI of chapter 55,shall be based on the amount of water used by the user according to the following rates: Classification—Residential Wsage Effective January 1, 20245 Inside city limits One-family minimum monthly charge (first 2,000 gallons) $33 58 35.11 One-family per 1,000 gallons over 2,000 $W-.9-2-8.07 Inside city limits One-family maximum monthly charge (up to 25,000 gallons) $I Qq 94 220.72 Outside city limits One-family minimum monthly charge (first 2,000 gallons) $41Q 30.05 One-family per 1,000 gallons over 2,000 $11 8F 8.07 Outside city limits One-family maximum monthly charge (up to 25,000 gallons) $ � 216.16 Classification—Commercial Effective January 1, 202 Inside city limits Commercial minimum monthly charge (first 2,000 gallons) $46.10 Inside city limits Commercial per 1,000 gallons over 2,000 $W-42�8.07 Outside city limits Commercial minimum monthly charge (first 2,000 gallons) $57 63 39.45 Outside city limits Commercial per 1,000 gallons over 2,000 $14 968.07 (b) By May 1,2020,the amount of water used to compute the monthly bills for wastewater service to one- family residential customers shall be computed on the basis of the"winter quarter average usage"that is calculated pursuant to this subsection and every year thereafter. (1) Definitions. a. Winter quarter averaging wastewater charge period:The period of water and wastewater service during the three(3) preceding winter quarter months of December,January and February.The initial winter quarter averaging wastewater charge period occurs during the months December 2019 through March 2020. b. Winter quarter average usage:The monthly wastewater usage established by the city during the "winter quarter averaging wastewater charge period" based upon the customer's thirty-day average water consumption during that period. C. Interim residential average usage:The monthly wastewater usage established by the city for individual customers who have not established a "winter quarter average usage".The"interim Created: 2024-08-15 15:09:55 [EST] (supp.No.40) Page 1 of 3 average" is calculated annually based on the average"winter quarter average usage"for all residential customers during the"winter quarter averaging wastewater charge period"as determined each year,and is the basis for monthly wastewater charges until a "winter quarter average usage"as defined in subsection (b)(1)b.of this section is established for the individual customer. d. Service area:The geographic region served by the city's wastewater system. (2) Winter quarter average criteria. a. The customer must receive wastewater service at one(1) location during the entire winter quarter averaging wastewater charge period in order to establish a "winter average usage". b. "Winter quarter average usage"charges shall apply to one-family residential customers only. C. The following method will be used to calculate the customer's"winter quarter average usage": 1. Add the customer's water consumption during the winter quarter averaging wastewater charge period to determine total winter quarter consumption. 2. Divide total winter quarter consumption amount by the number of days between the reading in December and the latest reading in March to determine the average daily usage. In the event a reading in December does not exist,the most recent prior reading will be utilized. 3. Multiply the average daily usage by thirty(30)to determine winter quarter average usage. Such winter quarter average usage shall be limited to a maximum of twenty-five thousand (25,000)gallons. d. The following method will be used to calculate the customer's monthly wastewater charge: apply the applicable wastewater rates established in subsection (a)to calculate the customer's monthly wastewater charge.The adjusted rate that applies to service on and after May 1 will reflect wastewater usage based on the previous"winter quarter averaging wastewater charge period." A new winter quarter average usage shall be calculated by May 1 annually based upon the amount of water used during the winter quarter averaging wastewater charge period. e. New and relocating customers; adjustments: 1. Customers new to the service area,who have not established a "winter quarter average", shall be billed at the"interim average" rate. 2. Customers who are relocating within the service area,who established a "winter quarter average"at their previous address,shall be billed at the"interim average rate"or their "winter quarter average" rate at the previous address,whichever is less. 3. Customers who are relocating within the service area,who have not established a "winter quarter average"at their previous address,shall be billed at the"interim average" rate. 4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter quarter average charge period,and if the customer can produce proof of repairs,the director of water utilities or the director's designee may adjust the wastewater bill. f. The city will begin in March 2020 to implement winter quarter averaging as soon as the city billing system has been programmed to calculate the wastewater bills utilizing winter quarter average usage. (c) The rates established in subsection (a)of this section are based upon water consumption for wastewater service customers with wastewater characteristics of five hundred sixty-two(562) parts per million or less by Created: 2024-08-15 15:09:55 [EST] (Supp.No.40) Page 2 of 3 weight of chemical oxygen demand index,two hundred fifty(250)parts per million or less by weight of biochemical oxygen demand index,and two hundred fifty(250) parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters,the customer shall pay additional abnormal wastewater surcharges as provided in section 55-148. (d) Due to the extreme cold weather event in February 2021,the wastewater winter quarter average usage (WQA)will not be recalculated in 2021. Instead,the amount previously calculated as the WQA in 2020 will be used as the WQA for wastewater service in May 2021 through April 2022.A customer may request a review and adjustment of their WQA calculation on a case-by-case basis if they have objection to use of their 2020 WQA. (Code 1958, §38-49;Ord. No.9863, § 1,7-29-1970; Ord. No. 11612, § 1,8-8-1973; Ord. No. 12209, § 1,8-7-1974; Ord. No. 12656,§ 1,6-25-1975; Ord. No. 13860, § 1,8-3-1977;Ord. No. 15700, § 1,8-13-1980;Ord. No. 16448, § 1, 8-12-1981; Ord. No. 17156, § I,7-28-1982; Ord. No. 17763, § 1,8-3-1983; Ord. No. 18352, § 1,7-24-1984; Ord. No. 18940, § 1,7-23-1985;Ord. No. 19403, § 1,7-29-1986; Ord. No.20412, § 1,7-26-1988; Ord. No.20748, § 1,8-8- 1989;Ord. No.21001, § 1, 10-9-1990; Ord. No.21440,§ 1,7-21-1992; Ord. No.21662,§ 1,5-25-1993; Ord. No. 21671, § 1,6-8-1993; Ord. No.21814, §§ 1(e), (f), 12-14-1993;Ord. No.21965, § 1,6-14-1994;Ord. No.22743, § 1, 11-12-1996;Ord. No.23706, § 1,7-20-1999;Ord. No.24132, § 1,7-25-2000;Ord. No.24531,§ 1e,7-24-2001;Ord. No.24969, §6,7-23-2002; Ord. No.25396, §6,7-22-2003;Ord. No.025866, §5,7-27-2004;Ord. No.026368, §5, 7-26-2005; Ord. No.026900, §5,7-25-2006;Ord. No.027355, §5,7-24-2007;Ord. No.027781, §7,7-22-2008; Ord. No.028256, §5,7-28-2009;Ord. No.028690, § 1,7-20-2010; Ord. No. 029160, §3,7-26-2011; Ord. No. 029917, §7,7-30-2013;Ord. No.030242, §4(Exh.A),7-29-2014;Ord. No.030295, §5,9-23-2014;Ord. No. 030605, §4,9-8-2015;Ord. No.031244, §2,9-12-2017;Ord. No.031874, § 1,9-17-2019; Ord. No.032093, § 1,4- 21-2020;Ord. No.032421, § 1,4-27-2021; Ord. No.032552, §2,9-7-2021; Ord. No.032854, § 1,9-6-2022; Ord. No.033149, §2,9-5-2023) Created: 2024-08-15 15:09:55 [EST] (Supp.No.40) Page 3 of 3 City of Corpus Christi Supplemental Information ProposedCurrent Description . 1 Water Administered by: CCW Monthly Minimum Charge - Inside City Limits - Collected by: CCW Residential & Commercial, Temporary 5/8" &3/4" meter $12.02 $15.83 32% 1" meter $32.30 $39.58 23% 1-1/2" meter $64.60 $79.15 23% 2" meter $103.36 $126.64 23% 3" meter $193.80 $237.45 23% 4" meter $323.00 $395.75 23% 6" meter $710.60 $870.65 23% 8" meter $1,162.80 $1,424.70 23% 10" meter or larger $1,938.00 $2,374.50 23% Monthly Minimum Charge - Outside City Limits- 5/8" &3/4" meter $18.49 $15.83 -14% 1" meter $48.45 $39.58 -18% 1-1/2" meter $96.90 $79.15 -18% 2" meter $155.04 $126.64 -18% 3" meter $290.70 $237.45 -18% 4" meter $484.50 $395.75 -18% 6" meter $1,065.90 $870.65 -18% 8" meter $1,744.20 $1,424.70 -18% 10" meter or larger $2,907.00 $2,374.50 -18% Large Volume Charge - Inside City Limits First 10,000,000 $24,202.00 $35,092.90 45% Large Volume Charge - Outside City Limits First 10,000,000 $24,202.00 $35,092.90 45% Raw Water- Rate Payer (Retail, Treated) $1.12 $0.95 -15% Raw Water- Non-Rate Payer (Raw Only) $1.05 $1.17 11% Raw Water- Public Agency (Wholesale) $1.02 $1.14 12% All Raw Water charges are per 1,000 gallons, and includes $0.05 per 1,000 for the Raw Water Supply Development Fund City of Corpus Christi Supplemental Information ProposedCurrent Description . Monthly Volume Charges- Inside City Limit - Residential (per 1,000 gallons) 2001 - 6000 gallons $5.08 $3.94 -22% 6001 - 15,000 gallons $5.83 $5.91 1% 15,001 - 25,000 $6.36 $7.88 24% 25,001 + gallons N/A $11.82 New Monthly Volume Charges- Inside City Limit - Commercial (per 1,000 gallons) 2001 + gallons $5.56 $3.94 -29% Monthly Volume Charges- Inside City Limit - Large Volume (per 1,000 gallons) 2001 + gallons $3.94 $3.94 0% Monthly Volume Charges- All Irrigation (per 1,000 gallons) 2001 + gallons $3.57 $7.88 121% Monthly Volume Charges- Outside City Limit - Residential (per 1,000 gallons) 2001 - 6000 gallons $5.08 $3.94 -22% 6001 - 15,000 gallons $5.83 $5.91 1% 15,001 - 25,000 gallons $6.36 $7.88 24% 25,001 + gallons N/A $11.82 New Monthly Volume Charges- Outside City Limit - Commercial (per 1,000 gallons) 2001 + gallons $5.56 $3.94 -29% Monthly Volume Charges- Outside City Limit - Large Volume (per 1,000 gallons) 2001 + gallons $3.94 $3.94 0% Monthly Volume Charges- Outside City Limit - Public Agency (per 1,000 gallons) Water metered at site of treatment (Wholesale): San Patricio Municipal Water District (SPMWD) &South Texas Water $1.74 $2.09 20% Authoritv (STWA) Water delivered through city water lines (Network): Port A & 2.41 2.49 3% Violet Monthly Volume Charges- Municipal (per 1,000 gallons) Beeville $0.956 Based on Actuals TBD TBD after FY24 Alice, Mathis $1.00 close City of Corpus Christi Supplemental Information ProposedCurrent rDescription Fee Fee . 2 Wastewater Monthly Minimum Charges - Inside City Limit Residential $33.58 $35.11 5% Commercial / Multi-family $46.10 $46.10 0% Monthly Minimum Charges - Outside City Limit Residential $41.99 $30.05 -28% Commercial / Multi-family $57.63 $39.45 -32% Monthly Volume Charges- Inside City Limit Residential $7.02 $8.07 15% Monthly Residential Maximum (25,000 gallons) $195.04 $220.72 13% Commercial / Multi-family $7.02 $8.07 15% Monthly Volume Charges- Outside City Limit Residential $11.06 $8.07 -27% Monthly Residential Maximum (25,000 gallons) $203.45 $215.66 6% Commercial / Multi-family $11.06 $8.07 -27% i Corpus Christi Water SM 00 Serving the Coastal Bend FISCAL YEAR 2024-2025 PROPOSED WATER AND PROPOSED WASTEWATER RATES OPERATING opus cN O BUDGET September 3, 2024 CITY OF CORPUS CHRISTI PRESENTED TO CITY COUNCIL CITY MANAGER ON JULY 30,2024 PETER lANONI • Minimum and volumetric rates are equal for ICL and OCL customers FY 1 PROPOSED ff • Residential volume rates adjusted, lowering Tier 2 and adding a WATER higher Tier 5 RATES • Proposed revenue meets financial policy and debt service coverage requirements ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC Z INSIDE CITY LIMIT Minimum Charge Current Proposed FY ' FY 20241 5/8" $ 12.02 $ 15.83 PROPOSED 3/4" 12.02 15.83 RETAIL ill 32.30 39.58 1 '/" 64.60 79.15 RATES 2" 103.36 126.64 3" 193.80 237.45 4" 323.00 395.75 6" 710.60 870.65 8" 1,162.80 1,424.70 101, 1,938.00 2,374.50 Residential /Commercial/ Irrigation / Large Volume Customers ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC 3 OUTSIDE CITY LIMIT Minimum Charge CWent ' • • • - • 5/8" $ 18.49 $ 15.83 PROPOSED 3/4" 18.49 15.83 RETAIL ill 48.45 39.58 1 ''/2" 96.90 79.15 RATES 2" 155.04 126.64 3" 290.70 237.45 4" 484.50 395.75 6" 1,065.90 870.65 8" 1,744.20 1,424.70 101, 2,907.00 2,374.50 Residential /Commercial/ Irrigation / Large Volume Customers ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC INSIDE and OUTSIDE CITY LIMIT Volume Charges FY 2025 PROPOSED '%W 'W Current Proposed RETAIL Raw Water Charge RATES All Gallons $ 1.12 $ 0.95 Residential ($/1,000 Gallons) Tier 1: 0-2,000 gallons Free Free Tier 2: 2,001-6,000 gallons $ 5.08 $ 3.94 Tier 3: 6,001-15,000 gallons $ 5.83 $ 5.91 Tier 4: 15,001-25,000 gallons $ 6.36 $ 7.88 Tier 5: 25,001+ gallons $ 6.36 $ 11.82 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC INSIDE and OUTSIDE CITY LIMIT Volume Charges . . . Ised PROPOSED Commercial & Other ($/1,000 Gallons) RETAIL Tier 1: 0-2,000 gallons Free Free RATES Tier 2: 2,001+ gallons $ 5.56 $ 3.94 Large Volume Users Large User Charge 0-10,000,000 $ 24,202 $35,092.90 gallons 10,000,001+ gallons $ 3.94 $ 3.94 Irrigation Tier 1: 0-2,000 gallons $ - $ - Tier 2: 2,001+ gallons $ 6.36 $ 7.88 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC PUBLIC AGENCY (Wholesale) Treated Water Volumetric Rates in $/1,000 Current Proposed Wholesale Raw Water P R O P O SPMWD, STWA, Port A, &Violet $ 1.02 $ 1.14 RATES Wholesale Treated SPMWD & STWA $ 1.74 $ 2.09 Wholesale Network Violet& Port A $ 2.41 $ 2.49 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC WHOLESALE Raw Water Only FY 2025 PROPOSED VolurnJtrmimcMates in $/1,000 Current Proposed RATES SPMWD (All Gallons) $ 1.00 $ 1.17 Celanese (All Gallons) $ 1.00 $ 1.17 Koch/Flint Hills (All Gallons) $ 1.00 $ 1.17 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC MUNICIPAL (WHOLESALE) Raw Water Only FY 2025 • Composite Raw Water Rates apply to Alice, Beeville, PROPOSED and Mathis. RATES • Rates by contract utilize audited actual costs. • CCW and Finance Department performs update in December for billing in January. • Current rates are: • Beeville: $0.956/1 ,000 gallons • Alice: $1 .00/1 ,000 gallons • Mathis: $1 .00/1 ,000 gallons ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC • Volume charge increase for all customers to cover increasing operating and capital costs FY 2025 PROPOSED • Minimum charge increase for Inside City Limit customers to recover a portion of legacy storm water debt WASTEWATER RATES • Proposed revenue meets financial policy and debt service coverage requirements II ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC 10 INSIDE CITY LIMIT - Residential Proposed FY 2025 Minimum Charges12025 Meter Size PROPOSED All Meter Sizes $ 33.58 $35.11 RATES Volumetric Rate ($/1,000 Gallons) 0-2,000 gallons $ - $ - 2,001-25,000 gallons $ 7.02 $ 8.07 25,001+ gallons $ - $ - II ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC 11 INSIDE CITY LIMIT - Commercial w Current Proposed FY 2025 Minimum Charges12025 Meter Size PROPOSED All Meter Sizes $ 46.10 $46.10 RATES Volumetric Rate ($/1,000 Gallons) 0-2,000 gallons $ - $ - 2,001+ gallons $ 7.02 $ 8.07 II ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC 12 OUTSIDE CITY LIMIT - Residential 1w Current Proposed FY 2025 Minimum Charges12025 Meter Size PROPOSED All Meter Sizes $ 41.99 $ 30.05 RATES Volumetric Rate ($/1,000 Gallons) 0-2,000 gallons $ - $ - 2,001-25,000 gallons $ 11.06 $ 8.07 25,001+ gallons $ - $ - II ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC 13 OUTSIDE CITY LIMIT - Commercial Proposed 2024 FY 2025 Meter Size ow PROPOSED All Meter Sizes $ 57.63 $ 39.45 RATES Volumetric Rate ($/1,000 Gallons) 0-2,000 gallons $ - $ - 2,001+ gallons $ 11.06 $ 8.07 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC RESIDENTIAL 6,000 gallons Water; 5,000 gallons Wastewater (WQA) Water Charges 1 =01M FY ' Monthly Bill (5/8" Meter) $ 39.06 $ 37.29 Decrease ($) $ (1.77) PROPOSE Decrease (%) (4.5%) RATES .4 Wastewater Charges 1 1 Sam • - Utility Monthly Bill (5/8" Meter) $ 54.64 $ 59.32 Bill Charges Increase ($) $ 4.68 Increase (%) 8.6% Total Impact for Water and Wastewater Charges $2.91 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC COMMERCIAL 20,000 gallons Water; 20,000 gallons Wastewater Water ChggesFY 1 ' Monthly Bill (2" Meter) $225.84 $216.53 Decrease ($) $ (9.31) PROPOSE Decrease (%) (4.1%) ChargesRATES .4 Wastewater 1 1 Sam • - Utility Monthly Bill (2" Meter) $172.46 $191.36 Bill Charges Increase ($) $18.90 Increase (%) 10.9% Total Impact for Water and Wastewater Charges $9.59 ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC IRRIGATION 15,000 gallons Water Water ChargesFY ' Monthly Bill (1" Meter) $127.81 $195.84 Increase ($) $ 68.03 PROPOSED Increase (%) 53% RATES � Sample Utility Bill Charges ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC LARGE VOLUME 90,000,000 gallons Water Water A -FY - ' Monthly Bill (10" Meter) $443,109 $438,167 Decrease ($) $ (4,942) PROPOSED --' Decrease (%) (1.12%) RATES Sample Utility Bill Charges ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC Iq WHOLESALE-TREATED 50,000,000 gallons of water Water A - FY ' Monthly Bill (16" Meter) $140,907 $163,875 Increase ($) $22,968 PROPOSED Increase (%) 16.3% RATES Sample Utility Bill Charges ©2024 NEWGEN STRATEGIES AND SOLUTIONS,LLC i Corpus Christi Water SM 00 Serving the Coastal Bend FISCAL YEAR 2024-2025 PROPOSED WATER AND PROPOSED WASTEWATER RATES OPERATING opus cN O BUDGET September 3, 2024 CITY OF CORPUS CHRISTI PRESENTED TO CITY COUNCIL CITY MANAGER ON JULY 30,2024 PETER lANONI se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of September 3, 2024 ss52 Second Reading for the City Council Meeting of September 10, 2024 DATE: August 23, 2024 TO: Peter Zanoni, City Manager FROM: Drew Molly, P.E., Chief Operations Officer for CCW DrewMa-cctexas.com (361) 826-1853 Ordinance adopting the drought surcharge exemption fee increase effective January 1, 2025 CAPTION: Ordinance amending Corpus Christi Code Section 55-159.1 to increase the Non-mandatory drought surcharge exemption fee effective January 1, 2025. SUMMARY: This item is to adopt the amendment to City of Corpus Christi Code of Ordinances for drought surcharge exemption fees effective January 1, 2025 from twenty-five cents ($0.25) per one thousand (1000) gallons to thirty-one cents ($0.31) per one thousand (1000) gallons, an increase of 24%. Per Ordinance 031533, the fee shall be reviewed and adjusted by City Council action no more frequently than every five years. Any subsequent fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers (Current Series) for water and sewer and trash collection services in U.S. city average, all urban consumers. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on changes to the Code of Ordinances. The City of Corpus Christi is proposing to amend the City Code, Section 55-159.1 — Non-mandatory drought surcharge exemption fee as of January 1, 2025. The non-mandatory drought surcharge exemption fee for Large-volume industrial customers since its inception has generated $27.6 million dollars in support of a drought-resistant water supply for the City of Corpus Christi and is estimated to generate approximately $200 million dollars over the next 30 years. ALTERNATIVES: The alternative would be to maintain current drought surcharge exemption fee to be collected at FY 2024 level, whereby Corpus Christi Water would be not collecting the permitted additional $1,000,000 in revenue per year generated from the amended fee to support the efforts to develop a drought-resistant water supply for the City of Corpus Christi resulting in $30 million dollar loss in potential revenue over the next 30 years. FISCAL IMPACT: The net financial impact for Corpus Christi Water generated in additional revenue from the proposed amended drought surcharge exemption fee effective January 1, 2025, for FY25 is approximately: $1,000,000 FUNDING DETAIL: Fund: 4023— Drought Surcharge Exemption Fund Organization/Activity: 30000 —Water administration Department: 45 - Water Account: 324860— Drought Surcharge Exemption Fee RECOMMENDATION: Staff recommends approval of the ordinance to amend the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A Drought Surcharge Exemption Fee Calculation Ordinance amending Corpus Christi Code Section 55-159.1 regarding non- mandatory drought surcharge exemption fee, effective January 1, 2025 Whereas, the non-mandatory drought surcharge exemption fee was established by Ordinance 031533 which took effect October 1 , 2018; Whereas, per Ordinance 031533, the fee shall be reviewed and adjusted by City Council action no more frequently than every five years and any subsequent fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers (Current Series)for water and sewer and trash collection services in U.S. city average, all urban consumers; Whereas, the City Council finds that the proposed fee increase is just and reasonable and meets requirements of Ordinance 031533-1 Now, therefore, be it ordained by the City Council for the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this ordinance are true and correct and adopts such findings for all intents and purposes related to the authorization of this ordinance. Section 2. That the City Code, Section 55-159.1 — Non-mandatory drought surcharge exemption fee, is amended to revise the fee as shown in redline text as follows on attached and incorporated Exhibit A. Section 3. The fee as amended by this Ordinance are determined to be just and reasonable. In addition, the fee is not unreasonably preferential, prejudicial, or discriminatory but are sufficient, equitable, and consistent in application to each class of customers. Section 4. 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 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 6. This rates as amended by this ordinance take effect January 1, 2025. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary (e) ,Review and adjustrnent of the drought surcharge exemptirm fee. The fee shall be reviewed and adjusted by city council action no more frequently than every five (5) years and updates included in Section 55-50 Schedule..-Any subsequent fee increase is limited to increases based upon changes to the follawfng Consumer Price Index_ CPI-All Urhan Consumers(Current Series) far water and sewer and trash collection services in U.S. city average, all urban consumers. Ord.No.031533,9-11-18 Consumer Price Index for All Urban Consumers(CPI-U) Original Data Value Series Id: CUUROOOOSEHG Series Title: Water and sewer and trash collection services in U.S.city average,all urban consumers,not seasonally adjusted Area: U.S.city average Item: Water and sewer and trash collection services Base Period: DECEMBER 1997=100 Years: 2018 to 2024 Year Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2018 232.977 233.858 234.215 235.141 235.878 236.493 237.186 238.439 238.512 238.936 241.774 242.204 2019 241.606 242.011 242.611 243.490 243.774 244.322 244.943 245.549 245.903 246.741 247.364 247.567 2020 248.846 249.751 250.359 250.673 250.921 251.435 252.401 253.974 254.266 254.781 255.650 256.456 2021 257.722 258.763 259.204 259.581 259.542 260.400 261.706 262.810 263.747 264.278 264.580 265.365 2022 268.128 269.521 269.621 270.419 270.844 271.925 273.097 274.984 276.759 276.892 277.824 278.464 2023 281.461 283.663 284.166 285.052 286.322 287.457 289.005 290.975 291.279 291.683 292.694 292.915 2024 297.079 298.751 299.183 300.178 Surcharge Year Jan %Change perTGAL 2018 232.977 2019 241.606 3.70% $ 0.25 2020 248.846 3.00%1 $ 0.26 2021 257.722 3.57% $ 0.27 2022 268.128 4.04% $ 0.28 2023 281.461 4.97% $ 0.29 2024 297.079 5.55% $ 0.31 s Sec. 55-159.1. Non-mandatory drought surcharge exemption fee. (a) Establishment of non-mandatory"drought surcharge exemption fee"effective October 1,2018. Large-volume industrial customers may voluntarily pay a non-mandatory and non-refundable"drought surcharge exemption fee"or"fee"of twenty fiVe GeRtS ($Q.2 thirty-one cents($0.31) per one thousand (1,000) gallons of water per month to be exempt from the applicable allocation surcharges of city Code section 55- 154 during the month of billing.The city will begin to charge the fee as of October 1,2018 to all large-volume industrial customers.The fee will be charged with the large-volume industrial customer's regular monthly water bill which is due as stated on the bill. By payment of the fee,the large-volume industrial customer has determined that the fee is fair,just,and reasonable. Note(s)—For purposes of this section 55-159.1 the term"large-volume industrial customer"shall mean a utility customer who uses water in minimum quantity of one hundred thousand (100,000)gallons a day in processes designed to convert materials of a lower order of value into forms having greater usability and commercial value,including the development of power by means other than hydroelectric,but does not include agricultural use. (b) Notice of opt-out.A large-volume industrial customer may opt out of the drought surcharge exemption fee (or"fee")by providing written notice to the city manager.A large-volume industrial customer is deemed to have opted out of the fee as of the date payment of the fee remains delinquent after notice and opportunity to cure.A large-volume industrial customer who has opted out of said fee is subject to aforementioned allocation surcharges of city Code section 55-154 in addition to compliance with all applicable city ordinances. (c) Request to opt back into the drought surcharge exemption fee or'fee".There is no right nor entitlement to opt back into the fee.The city manager or designee retains sole discretion to determine whether granting large-volume industrial customer's request to opt back into the fee is in the best interest of the city.At a minimum,the large-volume industrial customer will be required to comply with the following mandatory conditions: (1) The large-volume industrial customer must submit a written request to the city manager to request to opt back into the drought surcharge exemption fee subject to city manager review. (2) Upon receipt of invoice,the large-volume industrial customer must timely pay the drought surcharge exemption fees calculated on said customer's actual water usage from date of city's receipt of written request back to said customer's date of opt out, up to a maximum of ten(10)years. (3) The large-volume industrial customer remains subject to compliance with the aforementioned allocation surcharge provisions of the city Code as may be amended and all other applicable ordinances, rules and regulations of the city for the mandatory reinstatement period of twenty-four (24) months.The mandatory reinstatement period begins upon date of notice from the city to said customer and continues for twenty-four(24)consecutive calendar months. During the reinstatement period,the large-volume industrial customer will timely pay a non-refundable reinstatement fee of +..,eRty five eeRtS ($&29�thirty-one cents($0.31) per one thousand (1,000)gallons of water upon receipt of invoice. By payment of said reinstatement fee,the large-volume industrial customer has determined that the fee is fair,just,and reasonable. (4) Despite compliance with these conditions,the large-volume industrial customer will not be allowed to opt back into the fee when the combined storage level of the Choke Canyon Reservoir and Lake Corpus Christi declines below forty(40) per cent. (d) Dedicated use of the drought surcharge exemption fees. Created: 2024-08-15 15:09:56 [EST] (Supp.No.40) Page 1 of 2 ME (1) The fee shall be dedicated by the city for development of a drought-resistant water supply and shall not be used for operation and maintenance costs of any water supply,treatment facility or distribution system. (2) The fee paid to the city will be reserved in a separate account("account")and used only for capital costs to develop and/or acquire an additional drought-resistant water supply including,but not limited to, payment of debt for an allowable capital project. (3) The city manager may execute documents necessary for the establishment of a dedicated fund. (e) Review and adjustment of the drought surcharge exemption fee. The fee shall be reviewed and adjusted by city council action no more frequently than every five(5)years.Any subsequent fee increase is limited to increases based upon changes to the following Consumer Price Index: CPI-All Urban Consumers(Current Series)for water and sewer and trash collection services in U.S. city average,all urban consumers. (f) Participation by wholesale water suppliers.A wholesale water supplier with a water supply contract with the city may choose to establish an identical voluntary drought surcharge exemption fee and standard agreement for its large-volume industrial customers with said fee and agreement to be equivalent to the ordinance and standard agreement adopted by the City of Corpus Christi. Upon adoption of said identical voluntary drought surcharge exemption fee and standard agreement for its large-volume industrial customers,the wholesale water supplier shall assess and collect the fees from its large-volume industrial customers and then remit said fees to the city. In addition,the wholesale water supplier shall notify the city manager or designee of the volume of water used by its large-volume industrial customers each month. (g) The city manager may execute letters of commitment and standard agreements regarding payment and use of drought surcharge exemption fee with terms consistent with this section 55-159.1(i.e.,an "agreement"). The agreement may be terminated by the city upon five(5)years' notice to terminate the agreement.A copy of the standard agreement is attached as an exhibit to the ordinance which enacted this section 55-159.1. The city manager is authorized to adjust the terms of the standard agreement as long as said adjustments are consistent with the terms of this section 55-159.1 and said adjustment is made available to all large- volume industrial customers participating in the drought surcharge exemption fee. (h) The drought surcharge exemption fee established by this section 55-159.1 continues to be billed and paid except during periods when the balance in the account exceeds one hundred fifty million dollars ($150,000,000.00),to be adjusted annually for inflation by the following Consumer Price Index:CPI-All Urban Consumers(Current Series)for water and sewer and trash collection services in U.S.city average,all urban consumers.While balance exceeds one hundred fifty million dollars($150,000,000.00)the city will cease billing and collection of the fee and the large-volume industrial customer remains exempt from the allocation surcharges. (i) The city may repeal this section 55-159.1 upon at least five(5)years' notice to the then participating large- volume industrial customers and participating wholesale water suppliers. (j) Upon city's repeal of this section 55-159.1 or city's termination of the agreement,any unencumbered balance remaining in the account will be returned to the then-participating large-volume industrial customers and then-participating wholesale water suppliers on a pro-rata basis. (k) The large-volume industrial customer paying the drought surcharge exemption fee established by this section 159.1 is exempt from city curtailment of water during reservoir system Stages 1,2,and 3,except when such curtailment is required by V.T.C.A.,Water Code§ 11.039 or required by other applicable state laws and state regulations. (Ord. No.031533,§3,9-11-2018) Created: 2024-08-15 15:09:56 [EST] (Supp.No.40) Page 2 of 2 Ordinance AmendingDroughtthe Surcharge Exemption Fee for Corpus Christi City Council Drew Molly, Chief Operating Officer Corpus September 3, 2024 CO*S hnsti Waters. ving the Coastal Bend Ordinance Amending the Drought Surcharge Exemption Fee Overview • Sec. 55-159.1. A non-mandatory drought surcharge exemption fee was established on October 1, 2018 • Large-volume industrial customers voluntarily pay the non-mandatory "drought surcharge exemption fee" year-round to be exempt from the applicable allocation surcharges of city Code section 55-154. • The fee is charged with the large-volume industrial customer's regular monthly water bill. Purpose • For the development of a drought-resistant water supply. • Not for operation and maintenance costs of a water supply, treatment facility, or distribution system. • The fee is reserved in a separate account to be used only for capital costs to develop and acquire an additional drought-proof water supply. Ordinance Amending the Drought Surcharge Exemption Fee Drought Surcharge Exemption Fee Amendment Proposed i $0.25 per 1,000 gallons $0.31 per 1,000 gallons • FY 25 includes a proposed fee amendment from $0.25 per 1,000 gallons to $0.31 per 1,000 gallons of water per month or 24%, as permitted in City Code Section 55-159.1. • The fee shall be reviewed and adjusted by city council action no more frequently than every 5 years. Effective Date • January 1, 2025, with the 2025 water rates. CCW- Ordinance Amending the Drought Surcharge Exemption Fee Drought Surcharge Exemption Fee Amendment (Continued) • This change aligns with the increases based upon changes to the Consumer Price Index: CPI-All Urban Consumers (Current Series) for water and sewer and trash collection services in U.S. city average. Surcharge per 000 gal - Fee Implemented 3.70% $ 0.25 3.00% $ 0.26 3.57% $ 0.27 4.04% $ 0.28 4.97% $ 0.29 5.55% $ 0.31 CCW- Ordinance Amending the Drought Surcharge Exemption Fee Fiscal Impact • The increase to the non-mandatory drought surcharge exemption fee from $0.25 to $0.31 per 1,000 gallons will generate approximately an additional $1,000,000 annually or $84,000 monthly. • We expect, after the increase of the drought surcharge exemption fee, to have an estimated total collection of $6,000,000 annually. Community Benefits • Since its inception, the fee has generated $27.6 million dollars in support of a drought-resistant water supply for the City of Corpus Christi. • The fee is projected to generate over $200 million in the next 30 years for debt repayment support of the Inner Harbor Desalination Plant. Staff Recommendation • Staff recommends the approval of the proposed amendment to Chapter 55, Article XII Water Resource Management section 159.1, to increase the drought surcharge exemption fee from $0.25 to $0.31 per 1,000 gallons effective January 1, 2025 * - } Corpus Christi Water Conservation kL - PeN Aw Apply f -h E L M E N T A R Y __ Thank you ! COCOrp u*�rSti s Water'. ng the Coastal Bend se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ First Reading Ordinance for the City Council Meeting 09/03/2024 ss52 Second Reading Ordinance for the City Council Meeting 09/10/2024 DATE: August 22, 2024 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director of Development Services AlRaymond(u-)cctexas.com (361) 826 - 3575 Development Services Fee Schedule Adjustments CAPTION: Ordinance amending Section 14-1313 of the Corpus Christi Code to amend the roofing and siding building permit fees, certificate of occupancy fees, and oversized load permit fees; amending Sections 14-1313, 14-1321, 14-1341, 14-1351, 14-1361 10-30, and 10-38 of the Corpus Christi Code to clarify future indexing of the Development Services fees, including the fees for roofing and siding building permits, certificate of occupancy, Plan Review, Building Permits, Technical Construction Code Permits, Excavation and Fill Permits, Unified Development Code Fees, Public Improvement Fees, Zoning Fees, Beachfront Construction Fees, Dune Protection Fees, and Sign Permit Fee; reauthorizing increasing the Infrastructure Trust Fund lot and acreage fees by 10% for FY25; effective October 1, 2024. SUMMARY: Development Services is proposing to adjust existing fees based on plan included in Ordinance 032546. This plan included increasing 46 existing fees, adding 36 new fees, eliminating 12 existing fees, and increasing all non-adjusted fees by 10% in Fiscal Years 2022, 2023, 2024, and 2025. BACKGROUND AND FINDINGS: Development Services Department had not increased many fees since 2002 until Fiscal Year 2022's budget proposal. After conducting a fee study in 2019, and based on the current construction cost index, it was discovered that Development Services fees were approximately 40% behind cost recovery models. Development Services benchmarked other Texas cities, performed cost of service analyses, and had numerous engagement opportunities with the development community. During Fiscal Year 2022 budget proposal Development Services developed a four-year plan to adjust fees with the goal of meeting cost recovery models by Fiscal Year 2025. This item affirms that plan and will implement year 4 of the four-year plan. FISCAL IMPACT: Fiscal impact for Fiscal Year 2023—2024 is anticipated to be: Development Services: Approximately $418,654 RECOMMENDATION: Staff recommends approval of the Development Services Department fee schedule adjustments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Section 14-1313 of the Corpus Christi Code to amend the roofing and siding building permit fees, certificate of occupancy fees, and oversized load permit fees; and amending Sections 14-1313, 14-1321, 14-1341, 14-1351, 14-1361 10-30, and 10-38 of the Corpus Christi Code to clarify future indexing of the Development Services fees, including the fees for roofing and siding building permits, certificate of occupancy, Plan Review, Building Permits, Technical Construction Code Permits, Excavation and Fill Permits, Unified Development Code Fees, Public Improvement Fees, Zoning Fees, Beachfront Construction Fees, Dune Protection Fees, and Sign Permit Fee; effective October 1, 2024. WHEREAS, the Development Services fee schedules are necessary for cost recovery for the administration of the interrelated City regulatory programs; and WHEREAS, pursuant to Texas Local Government Code §214.908, a building permit fee is abolished on the 10th anniversary after the date the fee is adopted or most recently reauthorized under this section unless the governing body of the municipality that adopted or reauthorized the fee: (1) holds a public hearing on the reauthorization of the fee; and (2) reauthorizes the fee by vote of the governing body. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14-1313, Technical construction code fee schedules, of the Coprus Christi Code is amended and authorized by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-1313. Technical construction codes fee schedules. The following fee schedules apply to activities under Article II of this chapter: PLAN REVIEW FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Residential: $0.110 per $0.121 per $0.133 per $0.146 per New construction, additions and square foot square foot square foot square foot remodeling Commercial: New construction, additions and 40% of the building permit fee remodeling Page 1 of 13 Floodplain Review/Inspections for Residential and Commercial $100.00 (Public Works) Multiple plan review fee for 15% of the plan review fee for fourth review submittal Residential and Commercial Expedited plan review (internal 150% of the plan review rate staff) for Residential and Commercial Customized plan review for 150% of the plan review rate plus $150.00 per hour with a Residential and Commercial two-hour minimum Minor Addendums for Residential $100.00 $110.00 $121.00 $131.10 and Commercial Major Addendums for Residential Repayment of the Plan Review Fee and Commercial BUILDING PERMIT FEES RESIDENTIAL - New Construction, additions and $0.347 per $0.381 per $0.419 per $0.461 per remodels (excludes mechanical, square foot square foot square foot square foot electrical and plumbing) $110 Min $121 Min $133.10 Min $146.41 Min General Repair $110.00 $121.00 $133.10 $146.41 Roofing and Siding $0.050 per $0.054 per $0.060 per $133.10 square foot square foot square foot $110 Min $121 Min $133.10 Min COMMERCIAL $0 to $5 million .70% of valuation $5.001 to $10 million .65% of valuation $10.001 to $20 million .60% of valuation $20.001 to $50 million .58% of valuation ('�nc4ri in4i�n ci4o �ffinoc Q$9.QQ $'9"'99 Roofing and Siding w$0.050 per 0.054 er 0.060 per $0.045 per square foot square foot square foot square foot $110 Min $121 Min $133.10 Min $133.10 Min SIGNS Sign $118.80 $130.68 $143.75 $158.12 Building permit for electrical signs $88.00 $96.80 $106.48 $117.13 Page 2 of 13 TRADE PERMITS ELECTRICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 PLUMBING Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 MECHANICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 DEMOLITION PERMITS Residential $200.00 $220.00 $242.00 $266.20 Commercial $400.00 $440.00 $484.00 $532.40 CERTIFICATE OF OCCUPANCY Change of use of existing building $331.10 $364.21 $400.63 $350.00 or structure Name Change $100.00 $110.00 $121.00 $100.00 Temporary- Residential $100.00 $110.00 $121.00 $121.00 (every 30 days) Temporary- Minor Commercial $250.00 $275.00 $302.50 $250.00 (every 30 days) Projects under $5 Million Temporary- Major Commercial (every 30 days) Projects over $5 $500.00 $550.00 $605.00 $500.00 Million Page 3 of 13 After hour Certificate of $100.00 plus $110.00 plus $121.00 plus J21.00 plus Occupancy or Temporary original fee original fee original fee original fee Certificate of Occupancy MOVE STRUCTUR&OVERSIZEDLOAD PERMITS nnn„o c+ri + iro $132.90 Mnhilo I-Inmo/I-II Ifl_rnrJo G:1� $128.87 $141.7-5 �m�Ni iF�n+i irorJ hni ICINIr iNc+.�Il.�+inN Permit Backflow Prevention Backflow prevention device test $20.00 filing fee Minimum Fee $100.00 MISCELLANOUS PERMIT FEES Early Assistance Meetings Development Services- $75.00/per trade per hour ($150.00/minimum) Traffic Engineering- $100.00/per hour Stormwater- $100.00/per hour Floodplain Management- $50.00/per hour Permit Extension Greater of$80.00 or 33.75% of permit fee Renewal of expired permit Greater of$80.00 or 33.75% of permit fee plus permit extension fee Permit Research Fee (per hour) $16.50 $18.15 $19.97 $21.96 Request for refund on canceled $125.00 $137.50 $151.25 $166.38 permit if no work or inspections are done After hours inspections $240.00 $264.00 $290.40 $250.00 Temporary event permit $150.00 $168.75 $189.84 $208.83 Cost for scheduling inspections or $10.00 $11.00 $12.10 $13.31 providing review or inspections Per service Per service Per service Per service results by City staff if available on provided provided provided provided the free DSD Portal 24 hours a day. Requests for interpretation, technical rulings, modifications of code, concurrence for use of an alternative material or method, $500.00 $550.00 $605.00 $665.50 and appeal from decision of Page 4 of 13 Building Official to Technical Constriction Appeal and Advisory Board. Floodplain Hardship Variance Application Fee in addition to the $300.00 cost of the Technical Construction Appeal and Advisory Board (Public Works) Floodplain Determination $150.00 (Public Works) Overview and Concurrence Letter Single Lot - $250.00 of Map Revision Multiple Lots - $250.00 plus $50.00 per lot ($5,000 (Public Works) maximum) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1313 PENALTY FEES Work Commenced without a 2 times the permit cost plus investigative fee permit Investigative Fee $495.00 $544.50 $598.95 $658.85 Re-inspection fee after 2nd $88.00 $96.80 $106.48 $117.13 inspection (per inspection) LICENSES/REGISTRATIONS House Mover $146.30 $160.93 $177.02 $194.73 Mechanical Contractor $148.50 $163.35 $179.69 $197.65 Lawn Irrigator $148.50 $163.35 $179.69 $197.65 Backflow prevention assembly $148.50 $163.35 $179.69 $197.65 tester BILLBOARDS Signs <100 square feet- Annually $14.30 plus $15.73 plus $17.30 plus $19.30 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot Signs 101-300 square feet- $30.80 plus $33.88 plus $37.27 plus $40.99 plus Annually $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot Page 5 of 13 >301 square feet- Annually $44.00 plus $48.40 plus $53.24 plus $58.56 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. SECTION 2. Section 14-1321, Fees for excavation and fill permits, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-1321. Fees for excavation and fill permits. The fees in this division apply to applications for excavation and fill permits. EXCAVATION & FILL PERMIT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Excavation permit application fee $275.00 $302.50 $332.75 $366.03 Monthly fee for excavation permit $55.00 per $60.50 per $66.55 per $73.21 per month month month month Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to Planning Commission Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to City Council Fill permit application fee $275.00 $302.50 $332.75 $366.03 DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1321 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. Page 6 of 13 SECTION 3. Section 14-1341, Unified Development Code fees, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (added) and deleting the language that is stricken (deketed) as delineated below: Sec. 14-1341. Unified Development Code fees. This division sets the amounts of the fees required by the Unified Development Code. UNIFIED DEVELOPMENT CODE FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 PLATTING APPLICATION FEES PRELIMINARY PLAT <1 acre $1,400.00 $1,540.00 $1,694.00 $1,863.40 1-5 acre $1,800.00 $1,980.00 $2,178.00 $2,395.80 >5 acre $2,200.00 $2,420.00 $2,662.00 $2,928.20 FINAL PLAT APPLICATION (NON-PUBLIC) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 FINAL PLAT APPLICATION (PUBLIC NOTICE- PLUS PUBLIC NOTICE SURCHARGE) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 Minor Plat Application (4 lots or less) $685.00 $753.50 $828.85 $911.74 Reduced permit fees for non-taxing, non-profit ad valorem tax exempt entities Amending plat application $753.50 $828.85 $911.74 $1,002.91 Vacating plat application $753.50 $828.85 $911.74 $1,002.91 Planning Commission Application- $800.00 $880.00 $968.00 $1,064.80 Appeal or Waiver Plat time extension application $300.00 $330.00 $363.00 $399.30 Page 7 of 13 Plat Revision Fee 15% of application fee after 2nd review Final plat addressing fee $100.00 $110.00 $121.00 $133.10 Master Preliminary Plat Application $500.00 $550.00 $605.00 $665.50 AGREEMENTS Water contract Application $1,947.00 $2,141.70 $2,355.87 $2,591.46 Water contract administratively $150.00 $165.00 $181.50 $199.65 Deferment Agreement .5% (half of one percent) of amount requested Reimbursement Agreement .5% (half of one percent) of amount requested Participation Agreement .5% (half of one percent) of amount requested INFRASTRUCTURE TRUST FUND LOT & ACREAGE FEES Lot fee for water infrastructure $394.90 $434.39 $477.83 $525.61 Acreage fee for water infrastructure $1,582.90 $1,741.19 $1,915.31 $2,106.84 Lot fee for water infrastructure for $200.20 $220.22 $242.24 $266.47 single-family or duplex Acreage fee for water infrastructure $790.90 $869.99 $956.99 $1,052.69 for single-family or duplex Surcharge for water infrastructure $267.30 $294.03 $323.43 $355.78 for single-family or duplex Water distribution line front foot pro $11.58 $12.74 $14.02 $15.42 rata fee PIIC water tap fee $528.00 $580.80 $638.88 $702.77 PIIC lot fee for water infrastructure $528.00 $580.80 $638.88 $702.77 PIIC acreage fee for water $1,320.00 $1,452.00 $1,597.20 $1,756.92 infrastructure Lot fee for wastewater infrastructure $432.30 $475.33 $523.08 $575.39 Acreage fee for wastewater $1,728.10 $1,900.91 $2,091.00 $2,300.10 infrastructure Surcharge for wastewater $304.70 $335.17 $368.69 $405.56 infrastructure Collection line front foot pro rata fee $13.40 $14.74 $16.21 $17.83 Wastewater fee exemption for City $600.00 $660.00 $726.00 $798.60 Council consideration MISCELLANEOUS UNIFIED DEVELOPMENT FEES Page 8 of 13 Utility availability letter $250.00 $275.00 $302.50 $332.75 Easement encroachment license $583.00 $641.30 $705.43 $775.97 Utility easement by separate $530.00 $583.00 $641.30 $705.43 instrument Closing or abandonment of $1,054.00 $1,159.40 $1,275.34 $1,402.87 easement Proportionality/Rights Determination $500.00 $550.00 $605.00 $665.50 Proportionality/Rights $1,200.00 $1,320.00 $1,452.00 $1,597.20 Determination- Appeal to City Council Change of Address (per address) $50.00 $55.00 $60.50 $66.55 Temporary Addressing Request (per $100.00 $110.00 $121.00 $133.10 address) Building/Suite address reassignment $100.00 $110.00 $121.00 $133.10 Recording fee Actual cost Actual cost Actual cost Actual cost +$50.00 +$55.00 +$60.50 +$66.55 Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all fees under Sec. 14-1341 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. SECTION 4. Section 14-1351 , Public Improvement Fees, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (added) and deleting the language that is stricken (Meted) as delineated below: Sec. 14-1351 Public Improvement Fees PUBLIC IMPROVEMENT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Page 9 of 13 PIP- Public Improvement Plan Review <1 acre* $1,629.00 $1,791.90 $1,971.09 $2,168.19 1-5 acre* $2,046.00 $2,250.60 $2,475.66 $2,723.23 >5 acre* $3,675.00 $4,042.50 $4,446.75 $4,891.43 Site Development* $1,629.00 $1,791.90 $1,971.09 $2,168.19 Minor Reviews* (single fire hydrant or $250.00 $275.00 $302.50 $332.75 utility connection) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1351 indicated with Engineering Inspections (Engineering Services) Public Improvement without a plat $175 $233.33 $291.66 $350 Public Improvement with a non- $225/acre $300/acre $375/acre $450/acre preliminary plat plus $25 per plus $33.33 plus $41.66 plus $50 lot over 24 per lot over per lot over per lot over lots 24lots 24lots 24lots After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. SECTION 5. Section 14-1361 , Zoning Ordinance fees, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (adder) and deleting the language that is stricken (deleted) as delineated below: Sec. 14-1361. Zoning ordinance fees. This division sets the amounts of the fees required by the zoning ordinance. ZONING FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 REZONING APPLICATION FEES 0.00 to 0.99 acre (plus Public Notice $1,500.00 $1,650.00 $1,815.00 $1,996.50 Surcharge) Page 10 of 13 1.00 to 9.99 acre (plus Public Notice $2,250.00 $2,475.00 $2,722.50 $2,994.75 Surcharge) 10.00 to 24.99 acre (plus Public $3,000.00 $3,300.00 $3,630.00 $3,993.00 Notice Surcharge) 25.00 acre (plus Public Notice $3,750.00 $4,125.00 $4,537.50 $4,991.25 Surcharge) plus $25.00 plus $25.00 plus $25.00 plus $25.00 per acre per acre per acre per acre over 25 over 25 over 25 over 25 acres acres acres acres Planned Unit Development $1,000.00 $1,125.00 $1,265.63 $1,300.43 application surcharge (surcharge to zoning application fee) Special use permit application fee $500.00 $550.00 $605.00 $621.64 (surcharge to zoning application fee) HISTORIC PRESERVATION Historic Overlay Zoning Application (waived if initiated by City Council or Same as the Zoning Application fee Landmark Commission) Certificate of Appropriateness $100.00 $110.00 $121.00 $133.10 (Commercial properties only) Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certificate of Appropriateness- Post $200.00 $220.00 $242.00 $266.20 commencement work Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certification of Appropriateness for $500.00 $550.00 $605.00 $665.50 demolition in addition to a Demo Plus Public Plus Public Plus Public Plus Public Permit Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge MISCALLENOUS ZONING FEES Landscape inspections $80.00 $88.00 $96.80 $106.48 Zoning verification letter $150.00 $165.00 $181.50 $199.65 Request to table zoning case $100.00 $110.00 $121.00 $133.10 Zoning sign, each $15.00 $16.50 $18.15 $19.97 Written Interpretation (UDC) $500.00 $550.00 $605.00 $665.50 Page 11 of 13 Certification of UDC Compliance $150.00 $165.00 $181.50 $199.65 Non-conforming use determination $500.00 $550.00 $605.00 $665.50 Temporary use permit $150.00 $165.00 $181.50 $199.65 Board of Adjustment Application fee, Special use exemption, administrative appeal, or variance; including fence exception application. $1,120.00 $1,232.00 $1,355.20 $1,490.72 (plus public notice surcharge, if applicable) Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1361 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the preceding year. SECTION 6. Section 10-30, Application Fees, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 10-30. - Application fees. (a) The application fee for a dune protection permit for Kleberg County is $1 ,060.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (b) After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the Preceding year. SECTION 7. Section 10-38, Application Fees, of the Corpus Christi Code is amended and authorized by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 10-38. - Application fees. (a) The application fees for a beachfront construction certificate are as follows: Page 12 of 13 (1) Small-scale construction project: $350.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (2) Large-scale construction project, including any oil and gas exploration, production, and pipeline: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (3) Master planned development project: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and shall automatically increase adjusted on October 1 of each fiscal year by the same quantum as the annual increase in the August Construction Index for the Preceding year. (b) The application fees must be paid before an application is accepted for review. SECTION 8. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 9. This Ordinance shall become effective on October 1 , 2024. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of 12024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 13 of 13 Development Services Fee Schedule Reaffirm Ordinance 032546 and adjust fees accordingly ❑ In 2018, Development Services conducted a fee study ➢ Fees were found to be 40% below cost recovery models ❑ Development Services held extensive input sessions with development community leading into FY2022 budget ➢ Input sessions resulted in a four-year incremental plan to bring fees up to cost recovery models ❑ Ordinance 032546 was adopted during FY2022 budget ➢ Year 1: Included new fees, removed other fees, and increased existing fees by 10% ➢ Years 2 — 4: All fees will increase by 10% ➢ Years 5 and future: All fees will be adjusted based on CCI ❑ Reaffirm Ordinance 032546 ❑ Implement year 4 of the plan approved by Ordinance 032546 ➢ Increase all fees 10% Example: Plan Review Fees Year 1 Year 2 Year 3 Year 4 Fee 10.01.2021 10.01.2022 10.01.2023 10.01.2024 Description 09.30.2022 09.30.2023 09.30.2024 09.30.2025 Residential: New $0.110 per $0.121 per $0.133 per $0.146 per construction, square foot square foot square foot square foot additions, and remodels Questions? se 0 E AGENDA MEMORANDUM CORPOA I First Reading for the City Council Meeting of September 3, 2024 1852 Second Reading for the City Council Meeting of September 10, 2024 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw(ci,cctexas.com (361) 826-3900 Ordinance amending the Fire Prevention Permit fee schedule and Ambulance rates supplementary charges CAPTION: Ordinance amending Corpus Christi Code Section 18-4 Fire Prevention permit fee schedule and Section 18-20 Ambulance rates to include a supplementary charge for non-emergency lift assist fee, effective October 1, 2024. SUMMARY: This ordinance authorizes an amendment to the Corpus Christi Code Section 18-4 Fire Prevention permit fee schedule and Section 18-20 Ambulance rates to include a supplementary charge for non-emergency lift assist fee. BACKGROUND AND FINDINGS: The amendment to Section 18-4 increases permit fees in the Fire Prevention Permit fee schedule for Fire alarm systems, Firework display, Flame effects, Plan reviews, and added permit fee for Fire Final Inspection (for C of O) and Mobile food vehicle/trailer. This also includes revising the Tents and air supported structures permit fees from annually to per inspection. Fire Prevention permit fees haven't been revised since July 28, 2020. The revised Fees are as follows: Permit Fee Fee Fire Final Inspection (for C of O) 75.00 per inspection Fire alarm systems 150.00 200.00 per floor—per test visit Fire alarm systems (required 15,000 150.00 200.00 per zone—per test visit square foot zones) Fireworks display (aerial) 150.00 200.00 per display Fireworks display (non-aerial) 150.00 200.00 per display Flame Effects 150.00 200.00 per display Mobile food vehicle/trailer(Annual 50.00 per inspection permit) Plans Review-Sprinkler(up to 20 heads) 300.00 350.00 per review Plans Review- Sprinkler(21+heads) -550.00 600.00 per review Plans Review-Fire Alarm (up to 20 300.00 350.00 per review devices) Plans Review-Fire alarm (21-200 550.00 600.00 per review devices) Plans Review- Fire Alarm (201+ devices) 550.00 600.00 flat fee + 1.00 each additional device over 200 per review Plans Review- Fire Line 258 99 300.00 per review Plan Review— Standpipe or Fire Pump -50.00 300.00 per review Tents and air supported structures 100.00 affffffa4�,per inspection The amendment to Section 18-20 is to include a supplementary charge of five hundred dollars and zero cents ($500.00) for Non-Emergency Lift assist fees to skilled nursing facilities, assisted living facilities, and adult family homes for non-emergency lift assistance that does not require medical assistance, transport for medical care, or transport to a hospital. The Corpus Christi Fire Department (CCFD) responds to lift assistant calls that are non-emergent and do not require medical services. These calls cause emergency units to be out of service and not available for higher priority incidents (cardiac arrest, respiratory illness, seizures, and/or fires) that occur in their response area during that time.This creates longer response times for other units to respond to the emergency. This costs valuable time for patients that are in need of emergency care. Additionally, frequent non-emergent calls result in wear and tear on equipment and increase the potential for personnel injuries. Per HHSC (Texas Health and Human Services Commission) guidelines the licensing standards require all Assisted living facilities to have sufficient staff to maintain safety and ensure that each resident receives the amount of supervision and care required to meet his/her basic needs per §553.253(c)(3). On hire all ALF attendants must complete training that includes safety measures to prevent accidents and injuries, emergency first aid procedures including what actions to take when a resident falls and fall prevention per code §553.253(d)(2). Additionally, ALF direct care staff must complete one hour of annual training in fall prevention per code 553.253(d)(3). There is no licensing requirement that prohibits ALF staff from assisting a resident after a fall. The proposed fees will be calculated utilizing: Captain $ 43.60 FFII- Engineer $ 38.63 2- FFII $38.63 $ 77.26 Mileage ($0.67*15 Miles) $ 10.05 Apparatus $ 165.68 Total cost per hour $ 335.22 Total 1.5 HRs AVG Call (1.5*Cost per HR) *Rounding cost to $500.00* The average call length from start to finish is an hour and a half to respond and get to the service call area, do an assessment, lift the patient, get back to the station and fill out a comprehensive report of the call. The City will invoice the owner/responsible party within 30 days of the incident. A second and third invoice will be provided at approximately 60 and 120 days respectively from the date of incident. At 180 days, the invoice will be considered delinquent and will be referred to a third-party collection service following notification of the owner/responsible party. The owner/responsible party will then be liable for both the underlying debt and for the costs incurred by the City to effectuate collection by the third-party collection services to the extent allowed by State and Federal laws. ALTERNATIVES: The alternative to amending the current City code is to continue to use the same Fire Prevention Permit fee schedule and to continue to provide non-emergent services to the private facilities, but as CCFD workload has increased, it has become more critical that public safety resources not be expended for non-emergent work in which hired facility staff are required to handle. FISCAL IMPACT: The new and adjusted fees add an estimated $219,500 in General Fund revenue to the Adopted FY 2024-2025 Budget. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12020 Fire Prevention Department#: 10 Fire Department Project # (CIP Only): N/A Account: 308900 Fire Prevention Permits Amount: $69,500.00 Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Department#: 10 Fire Department Project # (CIP Only): N/A Account: 308940 Non-Emergency Lift Assist Amount: $150,000.00 RECOMMENDATION: Staff recommends the approval of amending the Ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance (red-lined) Presentation Ordinance amending Corpus Christi Code Section 18-4 Fire Prevention Permit fee schedule and Section 18-20 to include a supplementary charge for non-emergency Fire Department lift assistance to assisted living facilities. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The Corpus Christi Code of Ordinances, Chapter 18, Section 4 and Chapter 18, Section 20 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 18-4. Fire prevention permit fee schedule. The following fee schedules apply to activities under article I of this chapter. Corpus Christi Fire Department Fire Prevention Permit Fee Schedule Permit Fee Fee After Hours Overtime Inspections $100.00 per hour (3 hours minimum) pre- paid prior to scheduling inspection Airports, heliports and helistops 200.00 annually Assembly 150.00 annually Automatic sprinklers, standpipes, and fire lines (testing) 200.00 per visit Bars 150.00 annually Churches (one-time fee - no day care facility on premises) 150.00 Combustible fibers (storage and handling) 150.00 annually Commercial Vent-A-Hood cleaning 100.00 annually Compressed gas 100.00 annually Cryogenic fluids 150.00 annually Day care facilities (or similar short-term occupancies) 100.00 annually Dry cleaning plants 150.00 annually Exhibits/Trade Shows (Special Events) 250.00 per event Explosives, blasting agents and ammunition 150.00 annually Explosives, Demolition 250.00 per event Extinguishing systems 150.00 per inspection Fire Final Inspection (for C of 0) 75.00 per inspection Fire alarm systems 200.00 per floor - per test visit Fire alarm systems (required 15,000 square foot zones) 200.00 per zone - per test visit Fireworks display (aerial) 200.00 per display Fireworks display (non-aerial) 200.00 per display Flame Effects 200.00 per display Flammable and combustible liquids 150.00 annually Flammable finishes 150.00 annually Foster homes and group homes 100.00 annually Fumigation and thermal insecticide fogging 200.00 annually Hazardous chemicals 150.00 annually High piled combustible stock 100.00 annually High rise life safety system (testing before issuance of C. of 0.) 250.00 per test Hospitals and nursing homes (per bed) 1.20 per bed + $250.00 flat fee Liquified natural gas 100.00 annually Liquified petroleum gas 100.00 annually Lumber storage 150.00 annually Mobile food vehicle/trailer (Annual permit) 50.00 per inspection Mechanical refrigeration 100.00 annually Open burning 750.00 per day Organic coatings 100.00 annually (This should have been removed in 2020) Plans Review- Sprinkler (up to 20 heads) 350.00 per review Plans Review- Sprinkler (21+ heads) 600.00 per review Plans Review- Fire Alarm (up to 20 devices) 350.00 per review Plans Review- Fire Alarm (21-200 devices) 600.00 per review Plans Review- Fire Alarm (201+ devices) 600.00 flat fee + 1.00 each additional device over 200 per review Plans Review- Fire Line 300.00 per review Plans Review- Standpipe or Fire Pump 300.00 per review Pressure Test (Fuel Storage Tanks and/or Product Lines) 150.00 per visit Repair Garages 150.00 annually Re-Review Fee % of original review fee Restaurants 150.00 annually Special Handling Fee (Less than 24-Hours' Notice) 100.00 per inspection Special Suppression Systems 300.00 per review Tank vehicles for flammable and combustible liquids 100.00 annually Tents and air-supported structures 100.00 per inspection Tire rebuilding plant 100.00 annually Underground/Above ground fuel tanks (installation and removal) 200.00 per inspection Visuals - Fire Alarm/Automatic Sprinkler (Above 100.00 per visit ground/Underground) Wrecking yard,junkyard or waste handling 100.00 annually Sec. 18-20. Ambulance rates. (a) Ambulance rates schedule. Ambulance rates for emergency medical service shall be charged pursuant to the ambulance rate schedule. The initial ambulance rate schedule will be approved by city council and must be filed with the city secretary. The ambulance rates schedule may be amended per the provisions of this chapter and such amended schedule must be filed with the city secretary. (b) Adjustment of ambulance rates.(1)ln this section, "Consumer Price Index" means the annual revised South Region Consumer Price Index for All Urban Consumers for Medical Care, as published by the Federal Bureau of Labor Statistics.(2)Any year in which the consumer price index increases by more than one (1) per cent from the previous year, ambulances rates may be adjusted by an amount equal to the annual change in the consumer price index. Ambulance rate schedule adjustments shall not exceed five (5) per cent in a single year and shall not be adjusted more often than annually. (c) The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. (d) Rates. Service or Item Fee Per Service or Item (1) EMS 911 base rate - Transport $1 ,426.55 (2) EMS 911 base rate - No Transport $154.50 (3) Oxygen $46.35 (4) Advance Life Support (ALS) Routine Disposables $51.50 (5) Basic Life Support (BLS) Routine Disposables $25.75 (e) Supplementary charges: (1) Providing a mileage charge of fifteen dollars and forty-five cents ($15.45) per mile from patient pick-up point to the hospital. (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, sixty-one dollars and eighty cents ($61 .80). (3) Providing a charge of one hundred twenty-eight dollars and seventy-five cents ($128.75) for emergency medical services provided to non-residents. (4) Providing a charge of forty-six dollars and thirty-five cents ($46.35) for additional personnel when needed to provide patient care during transport. (5) Providing a charge of five hundred dollars and zero cents ($500.00) te449 faGility bAi P_1P fifty ocP.A and fifty neRts�`r�4 for fire department response to skilled nursing faGlfitj4--facilities, assisted living facilities, and adult family homes, for non-emergency lift assistance that does not require medical assistance, transport for medical care, or ferthe mink HP "f .A rooirlonf +h.At rlGoc RE)t FegHiro transport to a hospital. 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 of this ordinance be given full force and effect for this 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. This ordinance takes effect 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 r pOs CH,91S OAS UM'- Corpus Christi Fire Department Council Presentation New and Adjusted Revenues FY25 September 3, 2024 Non-Emergency Lift Assist Fee The Non-Emergency Lift Assist Fine ("lift assist") imposes a $500.00 penalty charge each time a licensed care facility that requests dispatch of Corpus Christi Fire Department personnel to help pick up a resident that has fallen, and the resident has no apparent injuries or emergency medical needs. This fine will not be applied to private residences; it applies only to registered adult family homes, skilled nursing facilities, and assisted living facilities. These licensed care facilities are required by Texas State law to have adequate staffing to meet the needs of each resident, including assessing a resident's condition after a fall, and assisting the resident back into a pre-fall position. HHSC ( Health & Human Services Commission) • The licensing standards for Assisted Living Facilities (ALFs) are in 26 TAC Chapter 553. An ALF found in violation of any section in 26 TAC Chapter 553 may be subject to enforcement actions by HHSC that may include administrative penalties, suspension/revocation of the license, or an order for immediate closure of all or part of the facility. • Per §553.253(c)(3),ALFs are required to have sufficient staff to maintain safety and ensure that each resident receives the amount of supervision and care required to meet his/her basic needs. • Code §553.253(d)(2) states, on hire, all ALF attendants must complete training that includes safety measures to prevent accidents and injuries, emergency first aid procedures including what actions to take when a resident falls and fall prevention. • Per Code 553.253(d)(3)ALF direct care staff must complete one hour of annual training in fall prevention. • There is no licensing requirement that prohibits ALF staff from assisting a resident after a fall. Fire Prevention Permit Fees • The Fire Prevention Permit fees that are being added are for Fire Final Inspection (for C of O) and Mobile food vehicle/trailer. These fees are already incorporated into most municipalities and CCFD is proposing to add these fees to be in line with other cities. • The Fire Prevention Permit fees that are being updated haven't been revised since July 28, 2020. CCFD is revising permit fees for Fire alarm systems, Fireworks displays, Flame effects, Plan review — Sprinkler, Plan review — Fire Alarm, Plan review — Fire Line, Plan review — Standpipe or Fire pump and Tents & Air supported structures. Each of the fees will only be increased by $50. FY 2025 New and Adjusted Fees Revenue Name Current Fee Proposed Fee Revenue Increase Fire Prevention Permit Fees $69.500.00 Fire Final Inspection(forCofO) $0.00 $75.00 perinspection $37,500.00 Fire alarm systems $150.00 $200.00 perfloor-pertestvisit $3,000.00 Fire alarm systems(required 15,000 square foot zones) $150.00 $200.00 per zone-per test visit $3,000.00 Fi reworks display(aerial) $150.00 $200.00 perdisplay $500.00 Fi reworks display(non-aerial) $150.00 $200.00 perdisplay $500.00 Flame Effects $150.00 $200.00 perdisplay $500.00 Mobilefoodvehicle/trailer(Annual permit) $0.00 $50.00 perinspection $7,500.00 Plans Review-Sprinkler(upto20heads) $300.00 $350.00 per review $1,500.00 Plans Review-Sprinkler(21+heads) $550.00 $600.00 per review $5,000.00 Plans Review-Fire Alarm(up to 20 devices) $300.00 $350.00 per review $2,000.00 Plans Review-Fire alarm(21-200devices) $550.00 $600.00 per review $3,000.00 Plans Review-Fire Alarm(201+devices) $550.00 $600.00 (+)$1.00 each additional $3,000.00 device over 200 per review Plans Review-Fire Line $250.00 $300.00 per review $1,500.00 Plan Review-Standpipe or Fire Pump $250.00 $300.00 per review $1,000.00 Tents and air supported structures $100 annually $100 per inspection Adjusted Verbiage(No cost increase) Non-Emergency Lift Assist Fee �$150,000.00 Non-Emergency Lift Assist Fee $0.00 $500.00 percall $150,000.00 se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ First Reading Ordinance for the City Council Meeting 09/03/2024 ss52 Second Reading Ordinance for the City Council Meeting 09/10/2024 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health fauziak(ucctexas.com 361-826-7202 Environmental Health and Consumer Health Services Fee Schedule Adjustments CAPTION: Ordinance amending Sections 19-33, 19-44, 23-20, 23-22, 23-57, and 38-9 of the Corpus Christi Code to increase fees for food health permits, vendor permits, food handler certificates, on-site sewage facilities inspections, daycare and foster home inspections, and commercial swimming pool inspections; and providing for penalty, publication, and effective date of October 1, 2024. SUMMARY: The Environmental and Consumer Health Services proposes adjusting current fees based on the plan outlined in Ordinance 24-1449. The plan involves increasing eight existing fees for FY 25 and standardizing all fees to be one fee schedule instead of having separate City and County fees. These changes are projected to result in a total increase in revenue of $167,343.00 per year. BACKGROUND AND FINDINGS: Environmental and Consumer Health Services (ECHS) is a Public Health District division focusing on food-borne and environmental-borne illnesses. A primary focus is to educate the regulated industry regarding food safety. To ensure the safety of food preparation and sales, ECHS provides inspections and permits for restaurants, convenience stores, mobile food operations, temporary events, and catering operations. To ensure the safety of food preparation and sales, ECHS provides food health permits, retail health permits, mobile health permits, and food handler certificates. To ensure environmental health, ECHS provides OSSF (Septic System) permits and inspections, foster home inspections, and commercial swimming pool inspections. Environmental and Consumer Health Services (ECHS) has not increased environmental and consumer health permit fees since 2006, except for a fee adjustment in 2021 for On-Site Sewage Facility (OSSF) permits in FY 21. An increase in environmental and consumer health permit fees is proposed after conducting a fee study in June 2024. The study shows that ECHS fees are lower than environmental fees in other major cities in Texas. The fee increases are based on the current cost of providing the service, accounting for inflation and increasing the cost of supplies and materials. In March 2022, Corpus Christi became the sole operator of the Corpus Christi Nueces County Public Health District, which oversees ECHS. As the City is the sole operator, the fee schedule for services provided under the ECHS will be adopted to standardize all fees and include services provided outside of the City of Corpus Christi. FISCAL IMPACT: The total revenue using the current fees for FY 24 is anticipated to be $685,625.00. If applied, the proposed Environmental Health and Consumer Health Services fees for FY 25 are projected to increase total revenue by approximately $167,343.00. RECOMMENDATION: Staff recommends approval of the Environmental Health and Consumer Health Services fee schedule adjustments. LIST OF SUPPORTING DOCUMENTS: Ordinance New Fees Sheet Ordinance amending Sections 19-33, 19-44, 23-20, 23-22, 23-57, and 38-9 of the Corpus Christi Code to increase fees for food health permits, vendor permits, food handler certificates, on-site sewage facilities inspections, daycare and foster home inspections, and commercial swimming pool inspections; and providing for penalty, publication, and effective date of October 1, 2024. WHEREAS, fees for food health permits, retail health permits, mobile unit permits, food handler certificates, and swimming pool permit have not been have not been adjusted since August 1 , 2006 (Ord 026902); WHEREAS, fees for daycare and foster home inspections have not been have not been adjusted since July 22, 2003 (Ord 25398); WHEREAS, fees for food handler certificates have not been have not been adjusted since August 27, 2013 (Ord 029932); WHEREAS, fees for mobile unit vending permits have not been adjusted since July 13, 2017 (031187); and WHEREAS, the City Council finds that each of the fees described herein do not exceed the minimum amount necessary to pay for the cost of administering these programs. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. To increase food health permit fees, the Corpus Christi Code, Chapter 19, Section 19-33, Subsection (b) is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 19-33. Issuance; fee. ******************************************** (b) Prior to the issuance of a health permit, the applicant shall pay a fee according to the following schedule: Food service or food processing establishments: Having one hundred one (101) or more employees......$780-99 $880.00 Having fifty-one (51) to one hundred (100) employees......$639.99 $710.00 Having twenty-six (26) to fifty (50) employees......$489.99 $540.00 Having ten (10) to twenty-five (25) employees......$339.99 $370.00 Having one (1) to nine (9) employees......$295.99 $225.00 Temporary food service establishments, initial day......$35.00 Temporary food service establishments, each additional day......$15.00 1 Temporary food service establishments, late fee, if application is not filed within five (5) days of an event......$70.00 Retail food stores......$95.99 $125.00 Mobile units......$199.99 $140.00 Farmer's market egg vendor permit......$50.00 Late fee......$25.00 Follow-up inspection fee......$50.00 (1) No fee will be charged for a food service operation conducted by a taxing authority, such as a school district, whether local, state or federal. (2) For permanent establishments, the fee shall be reduced by twenty-five (25) per cent if the permit is issued in April, May, or June; by fifty (50) per cent if the permit is issued in July, August, or September; and seventy-five (75) per cent if the permit is issued in October, November or December. The minimum fee shall be twenty-five dollars ($25.00). SECTION 2. To increase food handler certificate fees, the Corpus Christi Code, Chapter 19, Section 19-49, Subsection (a) is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 19-49. Certification. (a) Certification: All employees of food service, temporary food service, food processing establishments or mobile food units must obtain food handling certification before beginning to work. A minimum of two (2) hours of food sanitation training for each employee is required every two (2) years. This training shall be an approved health department course. A fee of $12 will be charged for each food handler permit issued by the health department. A food handler's permit shall be valid for a period of two (2) years from date of issuance, unless said permit is sooner revoked by the health officer. ******************************************** SECTION 3. To increase on-site sewage disposal systems inspection fees, the Corpus Christi Code, Chapter 23, Section 23-20, is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 23-20. On-site sewage disposal systems inspection fee. Every application for inspection by the health department of any on-site sewage disposal system, including any septic tank system, shall be accompanied by payment of a $500 fee. SECTION 4. To increase daycare and foster home inspection fees, the Corpus Christi Code, Chapter 23, Section 23-22, subsection (b) is amended by adding the following 2 language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 23-22. Schedule of fees for inspection of day care centers, group day care homes, and foster family homes. ******************************************** (b) Inspection fee. An inspection fee of $100.00 must be charged for inspections of day care centers, group day care homes, or foster family homes performed by the city-county health department which are required by the Texas Department of Protective and Regulatory Services for licensing of these facilities. SECTION 5. To increase commercial swimming pool inspection fees, the Corpus Christi Code, Chapter 23, Section 23-57, Subsection (3) is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 23-57. Commercial swimming pool standards. ******************************************** (3) Inspections; fee. a. Inspections. Any authorized representative of the health department of the City of Corpus Christi, Texas, may enter upon any and all parts of the premises of such swimming places, to make examinations and investigations of the sanitary conditions of such places and of such compliance with the provisions of these regulations. Failure to comply shall constitute grounds for the immediate closing of the swimming pool until satisfactory compliance is achieved. b. Inspection fee. An annual inspection fee of eaaea h11Ad_ _Qd tWeRty fiVe dGlIaps ($ 5 99) $200.00, payable on or before April 1 of each year, must be paid for each property swimming pool. The director of public health shall establish procedures for collecting the fee. No person may operate a property swimming pool unless the pool's annual inspection fee has been paid. Each day of operation in violation of this section constitutes a separate offense. SECTION 6. To increase vendor permit fees, the Corpus Christi Code, Chapter 38, Section 38-9, subsection (b) is amended by adding the following language that is underlined ( ) and deleting the language that is stricken (deleted) as delineated below: Sec. 38-9. Permits—Duration and fees. ******************************************** (b) The fee for a permit under this article shall be SeVeRf„_fi„e dGIlaF6 ($75 99) $120 per year. ******************************************** 3 SECTION 7. 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 8. 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 9. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 10. This ordinance takes effect October 1, 2024. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 4 IIII ENVIRONMENTAL & CURRENT FEES PROPOSED FEES FOOD HEALTH 1) PERMITS 101+EMPLOYEES $ 780.00 $ 880.00 51-100 EMPLOYEES $ 630.00 $ 710.00 26-50 EMPLOYEES $ 480.00 $ 540.00 10-25 EMPLOYEES $ 330.00 $ 370.00 1-9 EMPLOYEES $ 205.00 $ 225.00 RETAIL HEALTH 2) PERMIT $ 85.00 $ 125.00 MOBILE UNIT 3) PERMITS $ 100.00 $ 140.00 MOBILE UNIT 4) VENDING PERMITS $ 75.00 $ 120.00 OSSF (SEPTIC 5) SYSTEMS) $ 350.00 $ 500.00 FOSTER HOME 6) INSPECTIONS $ 50.00 $ 100.00 SWIMMING 7) POOL PERMIT $ 125.00 $ 200.00 FOOD HANDLER 8) CERTIFICATE $ 10.00 $ 12.00 VARIANCE % VARIANCE $ 100.00 13% $ 80.00 13% $ 60.00 13% $ 40.00 12% $ 20.00 10% $ 40.00 47% $ 40.00 40% $ 45.00 60% $ 150.00 43% $ 50.00 100% $ 75.00 60% $ =2.00 20% Ordinance Ordinance amending Sections 19-33, 19-445 23-203 23-223 23-57, and 38-9 of the Corpus Christi Code to increase fees for food health permits, vendor permits, food handler certificates, on-site sewage facilities inspections, daycare and foster home inspections, and commercial swimming pool inspections; and providing for penalty and publication. City Council September 3, 2024 Background and Summary Environnemental Health & Consumer Services (EHCS) Mission: Environmental and Consumer Health Services (ECHS) is a Public Health District division focusing on food-borne and environmental-borne illnesses. Education on food safety: • A primary focus is to educate the regulated industry regarding food safety. Maintain food safety standards: • ECHS provides inspections and permits for restaurants, convenience stores, mobile food operations, temporary events, and catering operations. • ECHS provides food health permits, retail health permits, mobile health permits, and food handler certificates. Maintain environmental standards: • ECHS provides OSSF (Septic System) permits and inspections, foster home inspections, and commercial swimming pool inspections. City Council September 3, 2024 Background and Summary EHCS Fee Adjustments: An increase in environmental and consumer health permit fees is proposed after conducting a fee study in June 2024. • ECHS fees are lower than environmental fees compared to other major cities in Texas. • Environmental and Consumer Health Services (ECHS) has not increased environmental and consumer health permit fees since 2006, except for a fee adjustment for On-Site Sewage Facility (OSSF) permits in FY21. • The fee increases are based on the current cost of providing the service, accounting for inflation and increasing the cost of supplies and materials. • As the City is the sole operator, the fee schedule for services provided under the ECHS will be adopted to standardize all fees and include services provided outside of the City of Corpus Christi. City Council September 3, 2024 Proposed EHCS Fee Schedule Adjusted Fee Schedule Breakdown: The plan involves increasing eight existing fees for FY 25 Adjusted Fee Schedule Breakdown: Current Proposed 1) Food Health Permits 101+ Employees $780.00 $880.00 51-100 Employees $630.00 $710.00 26-50 Employees $480.00 $540.00 10-25 Employees $330.00 $370.00 1-9 Employees $205.00 $225.00 City Council September 3, 2024 Proposed EHCS Fee Schedule Fee schedule breakdown continued: Adjusted Fee Schedule Breakdown: Current Proposed 2) Retail Health Permit $85.00 $125.00 3) Mobile Unit Permit $100.00 $140.00 4) Mobile Unit Vending Permit $75.00 $120.00 5) OSSF(Septic Systems) $350.00 $500.00 6) Foster Home Inspection $50.00 $100.00 7) Swimming Pool Permit $125.00 $200.00 8) Food Handler Certificate $10.00 $12.00 City Council September 3, 2024 Fiscal Impact and Staff Recommendation Fiscal impact: The total revenue using the current fees for FY 24 is anticipated to be $685,625.00. The plan involves increasing fees for the following: 1) Food Health Permits 5) OSSF (Septic Systems) 2) Retail Health Permit 6) Foster Home Inspection 3) Mobile Unit Permit 7) Swimming Pool Permit 4) Mobile Unit Vending Permit 8) Food Handler Certificate If applied, the proposed Environmental Health and Consumer Health Services fees for FY 25 are projected to increase total revenue by approximately $167,343.00. Staff Recommendation: Approval of ordinance amending Sections 19-33, 19-44, 23-20, 23-22, 23-57, and 38-9 of the Corpus Christi Code to increase fees. City Council September 3, 2024 se 0 0 PH AGENDA MEMORANDUM NCORPO0.1¢ ss52 Action Item for City Council Meeting September 3, 2024 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Robertd4(ucctexas.com (361) 826-3133 Approval of Fiscal Year 24-25 Parks & Recreation Fee Schedule CAPTION: Ordinance amending the City Code of Ordinances, Chapter 36 Parks, Recreation, Cultural and Leisure Time Activities, Section 36-7 Rental Rates and Recreation Fees and Charges, as of October 1 , 2024. SUMMARY: Per City Ordinance, the Parks and Recreation Department Director must submit the Fee Schedule for fiscal year 2024-25 for review and approval by the City Council annually. BACKGROUND AND FINDINGS: The proposed FY24-25 Fee Schedule, includes fee increases to Athletic Facility Rentals, the SPARK Program (Recreation Camps)and Latchkey/After Hour Kid Power(AHKP)—Calallen ISD. Parks and Recreation is proposing two new fees for Field Use Agreements (e.g. Universal Little League/Express Soccer), and an AHKP Registration fee (AHKP & Summer - one-time fee per program). The current fees have not been adjusted since 2021. Changes in the local market, inflation, and the increased cost of materials necessitates the need for a fee increase. Staff has conducted reviews of other municipalities around the State of Texas and determined that Corpus Christi Parks and Recreation fees were much lower than others in the local market. FISCAL IMPACT: In Fund 1020-General Fund, based on the increased fees, the annual fiscal impact for FY25 is an estimated amount of$6.7M dollars, up from $6.5M in FY24. This is an increase in revenue of$200,000. FUNDING DETAIL: Fund: 1020— General Fund Organization/Activity: Various Department: 27 Mission Element: Project # (CIP Only): n/a Account: Various ALTERNATIVES: The Mayor and City Council may choose to not approve the proposed FY 24-25 Fee Schedule as presented or recommend different fee amounts. RECOMMENDATION: Staff recommend approval of the ordinance amending the Corpus Christi Code regarding the Parks & Recreation Department Fee Schedule for FY24-25. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Corpus Christi Code Section 36-7 regarding Parks & Recreation Department fee schedule amendments effective October 1, 2024 Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The Parks and Recreation Department Fee Schedule adopted by Ordinance 032550 and codified in City Code Section 36-7 is amended by adding the language that is underlined (added) and deleting the language that is stricken (deleted) as shown below effective October 1, 2024: Sec. 36-7. Rental rates and recreation fees and charges. Athletic Leagues: Current C. Athletic Facility Rentals Athletics Gymnasiums Rental fee per gym tn� 6C per hour Athletics Outdoor Sports' Fields Field Use Agreement Without lights $4.25 per hour With lights $5.25 per hour Tournaments: Without lights $15 per hour With lights $25 per hour Rental fee per field *Non-Field Use $45.99 60 per hour Agreement Tournament Rental fee per field $259 89 30C eFull Day (12 hrs) *Non-Field Use A&reement SPARK Program Summer Recreation Program t'� 30 per child/week Scholarship $4 -99 15 per child/week Section 4. LATCHKEY (AFTER HOUR KID POWER) After Hour Kid Power Registration Fee -One time registration fee per AHKP 20 and Summer program Fleur 61--ff ISO Z Calallen ISD School Year (From end of school day to 6:00 P.M.) Monthly fee, 1st child $49.99 109 monthly per child Monthly fee, each additional child $44.99 94 monthly per child Prorated months - 1st child 99 97 monthly per child Prorated months - additional child $44-99 87 monthly per child Registration involving 10 school days $50.00 per child or less Scholarship fee 70 monthly per child Daily drop in fee �5-99$25 per child Calallen ISD Summer Latchkey (After Hour Kid Power) Program Weekly fee $49-99 99 weekly per child Scholarship $49-99 70 weekly per child Late payment fee (after 1st business $20.00 per family day of week) Daily drop in fee $29-99 30 daily per child Vacation Station $2 -99 30 daily per child Vacation Station Scholarship $44-99 25 daily per child Section 2. All other fees and rates in Section 36-7 remain in effect except as amended by this Ordinance. The column and table headings in Section 36-7 are revised as follows: The column labeled "Current FY 20-21" is deleted from Section 36-7. The column heading labeled "Proposed FY 21-21" is replaced with "Current" in Section 36-7. The heading "FY22 Fee Schedule" is replaced with "Fee Schedule". The first sentence of Section 36-7 is amended by adding the language that is underlined (added) and deleting the language that is stricken (deleted) as delineated: "The parks and recreation department fee schedule +s as approved as f^'�s G#GGtiVe OGteber 1 ,Z2921 by ordinance:". Section 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word , or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. 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 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. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary I • CORPUS " CHRISTI PARKS& RECREATION Ordinance Amending the Parks & Recreation FY 24-25 Fee Schedule City Council Meeting September 3, 2024 Background << CORPUS CHRISTI PARKSS • Per City Ordinance, Parks & Recreation must annually submit the Fee Schedule for review & approval by City Council. • The proposed fee increases have not been adjusted since 2021. • Changes in the local market, inflation & increased cost of materials necessitates the need for fee increases. • Staff conducted reviews of other State municipalities & determined that Corpus Christi Parks & Recreation fees were lower than other local markets. Background Continued CORPUS CHRISTI PARKSS. • The proposed FY24-25 Fee Schedule, includes amendments to the RECRE"T'�" following sections: • Athletics —Athletic Facility Rentals • Community Centers — SPARK Program (Recreation Camp) • Latchkey & Summer Latchkey (AHKP) Calallen ISD Only • Parks & Recreation is proposing the following new fees: • Athletic Outdoor Sports' Fields - Field Use Agreement (e.g. Universal Little League/Express Soccer) • AHKP One-Time Registration Fee — CCISD & Calallen ISD AHKP & Summer Latchkey 3 i FY 2025 New and Increased Fees CHRISTI REVENUENAME DESCR1P'nON CURRENTFEE PROPOSEDFEE At etc Facility Rentals Athletic Gymnasiums Facility rental $45/hr. $60/hr. Athletic Outdoor Sports'Fields *NEW-Field Use Agreement Facility Rental $0.00 Without lights$4.25/hr. With lights$5.25/hr. ex. Universal Little League Tournaments: ex.Express Soccer Without lights$15/hr. With lights$25/hr. Rental Per Field Field Rental $45/hr. $60/hr. *Non-Field Use Agreement Toumament Field Rental Field Rental $250(12 hrs.) $300(12 hrs.) *Non-Field Use Agreement Community Centers-SPARK Program Su m mer Program/Sch ol arship Recreation Camps $25/$10 per child $30/$15/per child 4 i FY 2025 New and Increased Fees CHRISTI Latchkey&Summer Latchkey Calallen ISD Only After Hour Kd Power(AHIP) Monthly Fee 1st child:$99 1stchild:$109 Additional child:$84 Additional child:$94 Prorated Months Monthly Fee 1st child$87 1st$97 Additional child$77 Additional child$87 Registration involving 10 school days Per Child $50 $60 or less Scholarship Fee Monthly Fee $60 per child $70 per child Daily Drop-In Fee Per Child $15 $25 Calallen ISD Summer AHKP Weekly $89/$60 per child $99/$70 per chi I d Weekly/Scholarship Daily Drop-In Fee Per Child $20 $30 Vacation Station Per Child $20 $30 Vacation Station Scholarship Per Child $15 $25 *NEW-AHKP Registration Fee One-time fee $0.00 $20 (CCISD&Calallen ISD) (AHKP&Summer Latchkey) Ae Recommendation ''�?. CORPUS CHRISTI PARK56. RECREATION • Staff recommends approval of Amendments to the FY 24-25 Parks & Recreation Fee Schedule. 6 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of September 3, 2024 ss52 Second Reading for the City Council Meeting of September 10, 2024 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Public Works Director Ernesto D2a-cctexas.com 361-826-1677 Ordinance Amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an Amended Schedule of Storm Water Drainage Charges CAPTION: Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of stormwater drainage charges, effective October 1, 2024. SUMMARY: Ordinance amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an amended schedule of storm water drainage charges to all benefitted properties in the service area of the City of Corpus Christi, Texas; and repealing conflicting provisions. BACKGROUND AND FINDINGS: From 1989-2021, the City of Corpus Christi funded storm water services through the water utility rate. In September 2021, the City's first Municipal Drainage Fee ("Storm Water Fee")was adopted by City Council and went into effect for ratepayers on January 1, 2022. The FY 2025 estimated Storm Water Fund revenues total $31.9M and stem from the Storm Water fee ($12.7M residential and $19.1 M non-residential). Beginning in FY2024 the Storm Water Fund had $155,931,200.33 in debt service expenses but was projected to bring in $27.5 million in revenue. As was requested by the Mayor and City Manager at the time, the Public Works Department successfully created and has since maintained a fair and equitable fee structure for storm water that more accurately reflects usage of the City's drainage system. The objectives of the Storm Water fee are threefold: • To create a stable revenue stream that allows Public Works to properly maintain and increase services to the storm water system to include capital improvement projects • Create financial transparency by removing storm water from the water rate • Create a fair fee structure for storm water management that is tied to drainage runoff Staff is tasked with developing a comprehensive five-year plan of recommended improvements based on the City's critical storm water needs, to include the prevention of regional flooding, resident demands for services, and pollution mitigation efforts aimed at reducing floatable (trash) from entering our creeks, bays, estuaries, and ocean. To meet debt service expenses, and the proposed increased level of service, more revenue is required. FY 2023-2028 recommended planned improvements include: • Street Sweeping: Transitioning total program to City Forces and increasing the following sweeping schedules annually as shown below o residential from 3 to 4 annual sweeping cycles o arterials from 8 to 12 annual sweeping cycles o collectors from 10 to 12 annual sweeping cycles • Vegetation Maintenance: Herbicide and Mowing Improvements • ID/IQ Construction Contract: Bridge, Channel and Infrastructure Rehabilitation • Continued Bay Water Quality Improvements • Addition of a second minor storm water channel maintenance crew and creation of a maintenance of lines construction crew Sec. 55-709. Drainage Utility Charge (a) Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge began on January 1, 2022 and will be amended on October 1, 2024 to the charges established herein. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The Equivalent Residential Unit (ERU) value for the City is determined through an inventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single-family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers Stormwater Unit of Parcels Equivalent Single Family 99,959 93,115 1 Residential TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Equivalent ,4 2Q224 FY 2025 Impervious Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 W.64 $7.74 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1.00 $6-84 $10.32 Tier 3 Greater than 4,500 sq. ft. 1 .75 $45-47$18.06 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines derived from City Drainage Manual which OF is used Rate Calculation = (Gross area x IDF) / 3,280 sq.ft. 1 stormwater unit = 3280 square feet All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Number of Land Use Land Uses Development Parcels Factor Townhouse Dwellings/ B11, B3, B5, B7, Multiple Dwellings District; 138, 139 0.65 486 265 Manufactured Homes Apartments 131, B10, B6 0.80 747- 886 Business District F1 0.85 5-,9-94 7,128 Industrial District F2, F3, F4, F5, J3, 0.7 2-92 341 J4, J5 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 4 0 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1, ESR, E2, E3 0.05 4496 Commercial Stock C1 0.17 72-9 1,934 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single- vo�4 FY 2025 Family Commercial Non-Single Family Rate Commercial $10.32 per unit ALTERNATIVES: The alternative would be to maintain storm water revenues to be collected at FY 2024 rates, whereby Public Works would be forced to reduce storm water service levels currently provided to residents so that the city can successfully meet their storm water utility revenue bond debt obligations for FY 2025. FISCAL IMPACT: N/A Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the ordinance to amend Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Council Presentation Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of stormwater drainage charges, effective October 1, 2024. WHEREAS, on September 7, 2021 , the City Council created a Municipal Drainage Utility System as authorized by Texas Local Government Code Chapter 552, Subchapter C, "Municipal Drainage Utility Systems," as amended (the "Act"), within the City's municipal boundaries and levied charges related thereto; WHEREAS, city staff has studied the cost of operating the Municipal Drainage Utility System during the last year and has determined that the Municipal Drainage Charges set forth in Section 55-709 of the City Code should be amended to reflect current costs of operating a municipal drainage utility system for the citizens of Corpus Christi, Texas. WHEREAS, the City Council finds that (1) this ordinance establishes a schedule of drainage charges against all real property in the City's service area, (2) the City will provide drainage for all real property in the City's service area on payment of drainage charges, except real property exempted under Chapter 552 of the Act, and (3) the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The above and foregoing recitals and premises to this ordinance are true and correct and are incorporated herein and made a part of this ordinance for all purposes. SECTION 2. The City Council of Corpus Christi hereby levies the Schedule of Drainage Charges applicable to all non-exempt property owners in the City's service area for the collection, handling and transportation of stormwater drainage and runoff in accordance with the ordinance that created the City's Municipal Drainage Utility System. SECTION 3. Section 55-709, Drainage Utility Charge, of the Corpus Christi Code is amended to read as follows: "Sec. 55-709. Drainage Utility Charge" (a) A Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge shall be billed beginning October 1, 2023. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single- family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers of parcels Stormwater Unit Equivalent Single Family Residential 98,959 1 TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Impervious Equivalent FY 2025 Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $6-6$7.74 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1 .00 $8.84-$10.32 Tier 3 Greater than 4,500 sq. ft. 1.75 $15.47 $18.06 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines which IDF is derived from City Drainage Manual used Rate Calculation = (Gross area x IDF) / 1 stormwater unit = 3280 square feet 3,280 sq.ft. All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Land Use Land Uses Development Number of Factor Parcels Townhouse Dwellings/Multiple B11, B3, B5, B7, B8, B9 0.65 306 Dwellings District; Manufactured Homes Apartments 131, B10, B6 0.80 747 Business District F1 0.85 5,994 Industrial District F2, F3, F4, F5, J3, J4, J5 0.7 232 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 .91 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1, E5R, E2, E3 0.05 44 Commercial Stock C1 0.17 723 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single-Family Commercial) FY 2025 Non-Single Family Rate (Commercial) $9.84 $10.32 per unit (e) The Public Works Department shall be responsible for determining Impervious Area of property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining Impervious Area. The Public Works Department may require additional information from the property owner, tenant, manager, or developer to make the determination. The amount of a charge may be revised by the Public Works Department based on any additions to the Impervious Area through the City approved building permit process. (f) No Drainage Utility Charge credit shall be given for the installation of drainage facilities required by the code or state law. SECTION 4. 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 5. 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 6. This Ordinance shall take effect on October 1, 2024, at which time the rates described herein will apply to all properties subject to the Drainage Utility Charge. Introduced and voted on the day of , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Department of Public Works Drainage Utility Charge Ordinance Amendment Council Presentation • September 3, 2024 i✓. Drainage Utility Fee Background • AKA"Storm Water Fee" • Established as a stand-alone utility fee in September 2021 • Went into effect for customers January 1, 2022 • Estimated revenue from proposed rate: $31.9 million • Debt obligations and planned storm water enhancements require a newly leveraged fee for residential and non-residential customers FY 2025 PROPOSED BUDGET STORM WATER FUND: $33.7M Fines and Fees $0.7 Interest and investments, Allocations $3.6 personnel 24% Capital $6.1 18% Debt � $5.0 15% Operating $11.0 32% Fund 4300 FY 2023 FY 2024 FY 2025 Variance Services and Sales Storm Water Actuals Budget Budget 24 vs.25 FY Five-Year Enhancement Forecast • Fund 4300 — Storm Water • 7In-HouseStreetweeping Program Enhancements Street Sweepers&Add 5 Sweeper Operators O O O FY 25:Purchase 2 Street Sweepers&Add 2 Sweeper Operators TIN FY 26:Purchase 3 Street Sweepers&Add 4 Sweeper Operators Minor Channel Maintenance Service Enhancement FY 24:Add one 8 FTE crew and capital equipment O O FY 26:Add one 8 FTE crew and capital equipment FY24 One-Time Pump Station Improvements FY25+Vegetation Management Targeted ROW Herbicide Program FY 24:Add one 2.0 FTE crew and capital equipment Maintenance of Storm Water Lines Service Enhancement O FY 25:Add one 9.0 FTE crew and capital equipment 4 FY Service Enhancement Forecast • Fund 4300 — Storm Water Fund STORM Storm Water Inlet 1.3 1.3 1.3 1.3 1.3 1.3 Cleaning&Maintenance' years years years years years years Vegetation Management 20x 20x 20x 20x 20x 20x ROW Mowing2 In-House Street Neighborhoods 2x 2x 3x 4x 4x 4x Sweeping Program2 collectors 4x 6x 8x 10x 12x 12x (Non-Existent Prior to FY 2022) Arterials 8x 10x 10x 10x 12x 12x Minor Channel("Bar Ditches") as 6 6 3 3 3 Cleaning&Maintenance' Requested years years years years years Major Channel/Natural Creek Way 2.0 2.0 2.0 2.0 2.0 2.0 Restoration&Maintenance' years years years years years years CCTV of 679 Miles of Underground System N/A 35.0 35 35.0 35.0 35.0 $850k/Year Miles Miles Miles Miles Miles Note:(1)Cycle length;(2)Cycles per year. 5 Recommendations Staff recommends approval of the amended Drainage Utility Fee as presented. City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 cctexas.com o Meeting Minutes City Council Tuesday, September 3,2024 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 11:34 a.m. B. Invocation to be given by Pastor Kevin Jennings with Mount Olive Lutheran Church. Pastor Kevin Jennings with Mount Olive Lutheran Church gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Illiana Jade Arias, 12th grader at Tuloso-Midway High School. Illiana Jade Arias, 12th grader at Tuloso-Midway High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta 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: (ITEMS 1 -4) 1. 24-1511 Moment of Silence for fallen Dallas Police Officer, Darron Burks, and recognition of all first responders, led by Mayor Paulette Guajardo City Manager Peter Zanoni recognized fallen Dallas Police Officer, Darron Burks, and all first responders. 2. 24-1506 FM 624 (Northwest Boulevard) from Wildcat Drive to CR 73 Project Overview City Manager Peter Zanoni introduced TxDOT Area Engineer Ernest Longoria and TxDOT Consultant Fernando Camarillo. City of Corpus Christi Page 1 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 TxDOT Consultant Fernando Camarillo presented information on the following topics: project details; project goals; what is the process and timeline; proposed design; safety highlights; raised center medians; and how to submit your comments. Council Members and City Manager Zanoni discussed the following topics: a request for the City to work with TxDOT to add additional street lighting to 1-69 corridor; and Council Members commended TxDOT for their work on this project. 3. 24-1471 Bond 2024 and Sales Tax Reauthorization Informational Material City Manager Peter Zanoni presented information on the following topics: Proposition A: Streets (18 projects); Proposition B: Parks and Recreation (11 projects); Proposition C: Public Safety (7 projects); Proposition D: Cultural Facilities (2 projects); Proposition E: proposed sales tax reauthorization projects; Proposition F: proposed sales tax reauthorization projects; Bond 2024 and sales tax reauthorization; and community outreach and engagement. 4. 24-1466 Pet Food Pantry Programs This Item was withdrawn. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Shawn Flanagan, 4218 Herndon St., and Samuel Aundra Fryer, 2222 Cardinales Lane, spoke about updating the COVID-19 informed consent form. The following individuals spoke in opposition to Item 19, Industrial District Agreements (IDAs): John Weber, 609 Naples St., Jason Hale, 211 Leming Ave., Lamont Taylor, 522 Hancock Ave., Gina Kissee, 5478 Willow St., and Maggie Peacock, 4407 SE 28th Ave. Rachel Caballero, 522 Hancock Ave., spoke in opposition to Items 6, 13, 15 and 19. Mark Muenster, 1013 Barracuda Place, spoke in opposition to IDAs and desalination. Mary Dale Peterson, 210 Naples St., and Ernest Buck, 823 S. Water St., spoke in support of Item 26, upgrading the fluoride system. Victoria Holland, 235 Ohio Ave., advocated for support to be appointed to the Type A and Type B Board. Michael Miller, 51 Camden Place, spoke in opposition to Item 7, the Capital Budget. Bill Durrill, 22 Hewitt Dr., expressed concern that Type A funds should be used for economic development and not for entertainment. City of Corpus Christi Page 2 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 The following individuals submitted written public comments which are attached to the minutes: Encarnacion Serna, Portland, TX; Bette Cranford, 3802 Wilmont Dr.; Marie Lucio, Robstown, TX; Mary Alice Wiechman, 6813 Summer Wind Dr.; Miguel Briseno, 314 Caribbean Dr.; Myra Alaniz, Robstown, TX; Jumana Abd AI Rahman, 1948 SPID; Ruth David; Andrea Ramos, 1129 York Ave.; Molly Davis, 4025 Markins Dr.; Jason Hale, 4421 Hamlin Dr.; Heather Shields, 1230 Preston St.; Kirsten Aguilar, 7037 Islander Way; Tanya Bergstrom, CC, TX; and Elida Castillo, Taft, TX. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 5) 5. 24-1331 Corpus Christi B Corporation (Type B Board) - 5 vacancies Corpus Christi Business and Job Development Corporation (Type A Board) - 5 vacancies Corpus Christi Downtown Management District - 7 vacancies Mayor Guajardo referred to Item 5. Corpus Christi B Corporation and Corpus Christi Business (Type B Board) and Job Development Corporation (Type A Board): Reappointed: Jesus J. Jimenez and Diana Summers Appointed: Victoria Holland, Johnny Philipello, and Vishnu V. Reddy Corpus Christi Downtown Management District: Reappointed: Raymond Gignac (Property Owner), Lesley B. Lomax (AET), Ben Molina (AET), and Cheryl A. Votzmeyer-Rios (Property Owner) Appointed: Zachary H. Bornstein (Resident), Chris Navarro (AET), and Avery Reny (AET) H. BUDGET RELATED ITEMS: (ITEMS 6 -17) 6. 24-1427 Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2024-2025, beginning October 1, 2024; authorizing personnel complements; providing for a copy to be filed with the County Clerk; and appropriating funds as provided in the budget. Mayor Guajardo referred to Item 6. Director of Management and Budget Eddie Houlihan presented information on the following topics: addresses city council and community priorities; FY 2025 proposed city budget; FY 2025 budgeted positions; city rates for residential customers; sample utility bill for residential customer; projected fund balance use; budget amendments-general fund; budget amendments-special revenue funds; and next steps. Council Members, City Manager Peter Zanoni, Director Houlihan, Chief Operating Officer of Corpus Christi Water Drew Molly, Director of Libraries Laura Garcia, Assistant City Manager Heather Hurlbert, and Principal with NewGen Strategies & Solutions Andy City of Corpus Christi Page 3 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 McCartney discussed the following topics: a concern about the wastewater and storm water fee increases; the purpose and plan for the increased fees; the rate design for inside city limit water users versus outside city limit water users; water rates are based on customer class; the projected revenue requirements versus past revenues; the Garcia Library would be open 40 hours per week based on visitor counts; the funding for the North Beach Kiwanis Baseball Field would be to restore fencing and mounds; and the economic development budget increased due to the parking division moving to the department and fluctuations in TIRZ and Type A and B expenses. 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 Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Klein Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Campos Abstained: 0 7. 24-1424 Ordinance adopting the Corpus Christi Fiscal Year 2024 - 2025 Capital Budget, beginning October 1, 2024. Mayor Guajardo referred to Item 7. Director of Management and Budget Eddie Houlihan presented information on the following topics: CIP program; 10-year CIP; FY25 CIP program funding uses; and FY25 CIP funding sources. Council Members, City Manager Peter Zanoni, Director Houlihan, Chief Operating Officer of Corpus Christi Water Drew Molly, Assistant City Manager Heather Hurlbert, Director of Gas Operations Bill Mahaffey, and Financial Advisor with Specialized Public Finance Inc. Victor Quiroga discussed the following topics: a concern about the City's long-term debt; whether any water/wastewater projects can be delayed; the new gas facility will benefit customers and provide affordable rates, as well as generate revenue to the City; the City's goal is to secure the lowest interest funding for a new water supply project; to ensure that the City educate the community on how funds will be disbursed throughout several years; how the capital budget affects the City's credit ratings; the cost of a treatment plant versus the cost of adding pipeline to a project; and a request for staff to provide a graph to depict how debt is allocated. Mayor Guajardo opened the public hearing. City of Corpus Christi Page 4 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Suckley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy and Council Member Campos Nay: 3- Council Member Hernandez, Council Member Hunter and Council Member Klein Abstained: 0 8. 24-1433 Ordinance setting a property tax rate of$0.599774 per $100 valuation which is effectively a 6.03% increase over the no-new-revenue tax rate and approving the tax roll as calculated. (60 percent favorable vote required) Mayor Guajardo referred to Item 8. Assistant City Manager Heather Hurlbert presented information on the following topics: FY 2025 tax rate; property tax dollar; and property tax relief. A Council Member and Assistant City Manager Hurlbert discussed the following topic: property valuations are based on appraised value, so most homeowners should not see an increase in the overall valuation of their home. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Mayor Guajardo stated the following: "During today's City Council meeting, the City Council will vote on the first reading of the proposed property tax rate of$0.599774 per $100 valuation for Fiscal Year 2025, and at the September 10, 2024, City Council meeting beginning at 11:30 am at City Hall, the City Council will vote on the second reading of the proposed property tax rate of$0.599774 per$100 valuation." Council Member Barrera made the following motion: "I move that the property tax rate be increased by the adoption of a tax rate of$0.599774 per$100 valuation, which is effectively a 6.03 percent increase in the tax rate," seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hernandez and Council Member Hunter City of Corpus Christi Page 5 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Abstained: 0 9. 24-1434 Ordinance ratifying the property tax increase reflected in the FY 2024-2025 Operating Budget that will require raising more revenue from property taxes than in the FY 2023-2024 Operating Budget in amount of$531,037. Mayor Guajardo referred to Item 9. Director of Management and Budget Eddie Houlihan stated this item is to adopt the budget with the increase of$531,037 in property tax revenues for the upcoming fiscal year as required by the state. Mayor Guajardo opened the public hearing. There were no comments from the Council or public. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hernandez and Council Member Hunter Abstained: 0 10. 24-1176 Ordinance amending the Code of Ordinances, Chapter 9, Aviation, Section 9-35 - Parking Rates, by revising the parking rates at the Corpus Christi International Airport, effective October 1, 2024. Mayor Guajardo referred to Item 10. Mayor Guajardo opened public comment. There were no comments from the Council or the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Roy. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Council Member Hernandez and Council Member Hunter City of Corpus Christi Page 6 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Abstained: 0 11. 24-1458 Ordinance amending Corpus Christi Code Section 55-50 regarding water rates and Section 55-100 regarding wastewater rates effective January 1, 2025. Mayor Guajardo referred to Item 11. Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: FY 2025 proposed water rates; FY 2025 proposed wastewater rates; FY 2025 proposed rates-residential; commercial; irrigation; large volume; and wholesale-treated. Council Members, COO Molly, and Water Resource Manager Esteban Ramos discussed the following topics: the City is cautious about releasing water from the Nueces River; Corpus Christi Water needs to educate the community about water releases; and to possibly add a water gauge to measure rainfall between Lake Corpus Christi and Nueces River saltwater dam. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 3- Mayor Guajardo, Council Member Hernandez and Council Member Hunter Abstained: 0 12. 24-1448 Ordinance amending Corpus Christi Code Section 55-159.1 to increase the Non-mandatory drought surcharge exemption fee effective January 1, 2025. Mayor Guajardo referred to Item 12. Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: ordinance amending the drought surcharge exemption fee; and staff recommendation. Council Members, City Manager Peter Zanoni, and Water Resource Manager Esteban Ramos discussed the following topics: whether residents have the option to pay a drought surcharge exemption fee; and the voluntary drought exemption fee revenue can only be used on projects for a drought proof water supply. City of Corpus Christi Page 7 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Council Member Suckley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 13. 24-1443 Ordinance amending Section 14-1313 of the Corpus Christi Code to amend the roofing and siding building permit fees, certificate of occupancy fees, and oversized load permit fees; amending Sections 14-1313, 14-1321, 14-1341, 14-1351, 14-1361 10-30, and 10-38 of the Corpus Christi Code to clarify future indexing of the Development Services fees, including the fees for roofing and siding building permits, certificate of occupancy, Plan Review, Building Permits, Technical Construction Code Permits, Excavation and Fill Permits, Unified Development Code Fees, Public Improvement Fees, Zoning Fees, Beachfront Construction Fees, Dune Protection Fees, and Sign Permit Fee; reauthorizing increasing the Infrastructure Trust Fund lot and acreage fees by 10% for FY25; effective October 1, 2024. Mayor Guajardo referred to Item 13. Director of Development Services AI Raymond presented information on the following topics: Development Services conducted a fee study in 2018; Development Services held extensive input sessions with development community leading into FY 2022 budget; and Ordinance 032546 was adopted during FY 2022 budget. Council Members, City Manager Peter Zanoni, and Director Raymond discussed the following topics: this amendment includes increasing the Infrastructure Trust Fund lot and acreage fees by 10 percent; and this fee increase will cover the cost of service. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter City of Corpus Christi Page 8 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Abstained: 0 14. 24-0424 Ordinance amending Corpus Christi Code Section 18-4 Fire Prevention permit fee schedule and Section 18-20 Ambulance rates to include a supplementary charge for non-emergency lift assist fee, effective October 1, 2024. Mayor Guajardo referred to Item 14. Fire Chief Brandon Wade presented information on the following topics: non-emergency lift assist fee; and HHSC (Health and Human Services Commission). Council Members and Chief Wade discussed the following topics: the fire department will make adjustments to the ordinance for service outside the city limits; and a concern why private entities contact the fire department for lift assist. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Suckley. This Ordinance was passed on first reading and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Hunter Abstained: 0 15. 24-1449 Ordinance amending Sections 19-33, 19-44, 23-20, 23-22, 23-57, and 38-9 of the Corpus Christi Code to increase fees for food health permits, vendor permits, food handler certificates, on-site sewage facilities inspections, daycare and foster home inspections, and commercial swimming pool inspections; and providing for penalty, publication, and effective date of October 1, 2024. Mayor Guajardo referred to Item 15. Director of Public Health Dr. Fauzia Khan presented information on the following topics: background and summary; fee adjustments; proposed Environmental Health & Consumer Services (EHCS) fee schedule; and fiscal impact and staff recommendation. A Council Member and Dr. Khan discussed the following topic: the fee increases are based on the local cost of service. Mayor Guajardo opened public comment. City of Corpus Christi Page 9 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 5- Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Klein and Council Member Campos Nay: 4- Mayor Guajardo, Council Member Hernandez, Council Member Hunter and Council Member Roy Abstained: 0 16. 24-1444 Ordinance amending the City Code of Ordinances, Chapter 36 Parks, Recreation, Cultural and Leisure Time Activities, Section 36-7 Rental Rates and Recreation Fees and Charges, effective October 1, 2024. Mayor Guajardo referred to Item 16. Director of Parks and Recreation Robert Dodd presented information on the following topics: background; FY 2025 new and increased fees; and recommendation. Council Members, City Manager Peter Zanoni, Director Dodd, and Assistant Director of Parks and Recreation Sergio Gonzalez discussed the following topics: a request for an update about Tuloso Midway joining the Latchkey program; concerns about increasing fees for the after hour kid program; what the City's projected revenue is from ball fields and what the cost of services are; and a staff member will be on duty at the ball fields when they are rented for tournaments. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Barrera moved to approve the ordinance, seconded by Council Member Campos. This Ordinance was passed on first reading and approved with the following vote: Aye: 7- Council Member Barrera, Council Member Hernandez, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 2- Mayor Guajardo and Council Member Hunter Abstained: 0 City of Corpus Christi Page 10 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 17. 24-1446 Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code of Ordinances, to levy an amended schedule of stormwater drainage charges, effective October 1, 2024. Mayor Guajardo referred to Item 17. Director of Public Works Ernie De La Garza presented information on the following topics: drainage utility fee background; FY 2025 proposed budget storm water fund: $33.7M; FY 2024-2028 five-year enhancement forecast; FY 2023-2028 service enhancement forecast; and recommendations. Council Members and Director De La Garza discussed the following topics: the importance of maintaining right-of-way mowing and vegetation; a concern about increasing stormwater fees; to educate the community about maintaining their own stormwater drainage/gutters; and whether the City gets any credit from the federal government for street sweeping. Mayor Guajardo opened the public hearing. There were no comments from the public. Mayor Guajardo closed the public hearing. Council Member Roy moved to approve the ordinance, seconded by Council Member Klein. This Ordinance was passed on first reading and approved with the following vote: Aye: 6- Council Member Barrera, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 3- Mayor Guajardo, Council Member Hernandez and Council Member Hunter Abstained: 0 I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 18 -30) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 19 and 26 were pulled for individual consideration. Council Member Pusley moved to approve the consent agenda with the exception of Items 19 and 26, seconded by Council Member Barrera. 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 City of Corpus Christi Page 11 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Abstained: 0 18. 24-1465 Approval of the August 8, 2024 and August 15, 2024 Budget Workshop Minutes, and August 27, 2024 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 19. 24-1408 Ordinance authorizing execution of new 15 year Industrial District Agreements (IDAs); and reestablishing the land areas located within the extraterritorial jurisdiction of the City of Corpus Christi, Texas as Industrial Districts Nos. 1, 2, 4, 5, 6, 7, 8, 9, 10, and 11. Mayor Guajardo referred to Item 19. Council Members, City Manager Peter Zanoni, Assistant City Manager Heather Hurlbert, and City Attorney Miles Risley discussed the following topics: to consider negotiating a 10 year contract instead of 15 years; if this item is postponed, it would delay the execution of the agreements and annexation process, if necessary; and IDA revenues have considerably increased over the past 10 years. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Campos moved to amend the ordinance authorizing execution of 10 year IDAs as opposed to 15 years, seconded by Council Member Klein. The motion failed. Council Member Pusley moved to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on second reading and approved with the following vote: Aye: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Nay: 2- Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033448 Consent- Contracts and Procurement 20. 24-1274 Resolution authorizing a total payment of$994,688 for the annual renewal of Excess Liability and Excess Workers' Compensation insurance coverage City of Corpus Christi Page 12 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 through its' Broker of Record, Acrisure LLC, dba Carlisle Insurance, for upcoming policy year October 1, 2024 - September 30, 2025. This Resolution was passed on the consent agenda. Enactment No: 033449 21. 24-1354 Motion authorizing a one-year service agreement with Blue Cross Blue Shield of Texas, of Richardson, Texas, for stop loss coverage for the City's self-funded employee health benefit plans from October 1, 2024, through September 30, 2025, with funding from the proposed FY 2025 budget for an estimated amount of$2,436,190.00 payable from the Police, Fire, and Civilian health benefit funds. This Motion was passed on the consent agenda. Enactment No: M2024-139 22. 24-0533 Motion authorizing execution of a two-year professional services agreement with Axim Geospatial, LLC, of Sun Prairie, Wisconsin, through the Texas Department of Information Resources, for$525,959.47 to replace the outdated 20-year-old version of the ESRI Utility Network for the City's Water and Wastewater Geographic Information System (GIS) database, which will no longer be supported in the fall of 2025 and to implement an upgrade to the utility network system to be managed by Corpus Christi Water, with FY 2024 funding of $315,000 from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2024-140 23. 24-0959 Motion authorizing the execution of a one-year supply agreement, with two one-year option periods, with Rush Truck Centers of Texas, dba Rush Truck Center, of Corpus Christi, Texas, through the BuyBoard Cooperative for heavy equipment automotive repair parts for the Asset Management Department in an amount up to $290,000.00, and a potential total amount up to $870,000.00 if both one-year option periods are exercised, with FY 2024 funding of$48,333.33 from the Fleet Maintenance Fund. This Motion was passed on the consent agenda. Enactment No: M2024-141 24. 24-1289 Motion authorizing execution of a one-year cooperative purchase agreement with Rehrig Pacific Company, through the OMNIA Partners Cooperative, for $675,324.00, to purchase refuse and recycling carts for the City's Residential Curbside Collection by the Solid Waste Services Department, with FY 2025 funding from the General Fund, subject to budget approval. This Motion was passed on the consent agenda. Enactment No: M2024-142 City of Corpus Christi Page 13 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 25. 24-1226 Motion authorizing execution of a three-month service agreement with Zeitenergy, LLC, of Irving, Texas, for the purchase, removal and installation of two compressed natural gas dispensers to replace the existing dispensers located at the Ayers CNG Station, for$239,742.50, for Gas Operations, with FY 2024 funding from the Gas Operations Fund. This Motion was passed on the consent agenda. Enactment No: M2024-143 Consent- Capital Projects 26. 24-1415 Motion awarding a professional services contract to Hazen and Sawyer, Corpus Christi, Texas, to provide design, bid, and construction phase services to fully upgrade the complete Fluoride system utilized at the O.N. Stevens Water Treatment Plant (ONSWTP) in an amount not to exceed $532,418 with FY 2024 funding available from the Water Capital Fund. Mayor Guajardo referred to Item 26. A Council Member, Director of Water Systems and Support Services Nick Winkelmann, Director of Engineering Services Jeff Edmonds, and Director of Public Health Fauzia Khan discussed the following topics: the percentage of design for the overall construction cost of the project; a suggestion to adjust the Capital Improvement Plan to follow protocol for design services; and whether any research has been done regarding the relationship between fluoride additives and dental issues. Council Member Suckley 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 Nay: 1 - Council Member Hernandez Abstained: 0 Enactment No: M2024-144 27. 24-1335 Motion authorizing a professional services contract with Urban Engineering, LLC, Corpus Christi, Texas, to provide a Preliminary Engineering Report for the Northwest Blvd Wastewater Infrastructure Upgrade Project in an amount not to exceed $80,210.00, located in Council District 1, with FY 2024 funding available from Wastewater Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2024-145 General Consent Items City of Corpus Christi Page 14 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 28. 24-1349 Resolution Adopting the Nueces County Multi-Jurisdictional Hazard Mitigation Action Plan used to reduce vulnerability to future hazards, acquire disaster funding, and lower flood insurance costs. This Resolution was passed on the consent agenda. Enactment No: 033450 Consent-First Reading Ordinances 29. 24-1381 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$864,514.00 with a City cash match of $184,005.00 and an in-kind match of$750,763.00, for a total project cost of $1,048,519.00 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and authorizing four sworn and three civilian positions that currently exist; and appropriating $864,514.00 in the Police Grants Fund. This Ordinance passed on first reading on the consent agenda. 30. 24-1383 Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority for catalytic converter theft detection and prevention in the amount of$98,728.00 for overtime for four sworn officers and two civilians, and for equipment and supplies for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $98,728.00 in the Police Grants Fund. This Ordinance passed on first reading on the consent agenda. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:47 p.m. Mayor Guajardo reconvened the meeting at 2:29 p.m. L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 31) 31. 24-1513 Citizen Referendum - Request for Council Reconsideration of Ordinance 033436 amending Section 2-330 of the Code of Ordinances to provide for outside representation of City Officials for alleged violations before the Ethics Commission. Mayor Guajardo referred to Item 31. City Secretary Rebecca Huerta stated the City Charter allows citizens to require the City City of Corpus Christi Page 15 Printed on 9/6/2024 City Council Meeting Minutes September 3,2024 Council to reconsider adopted ordinances through referendum proceedings. If the Council fails to reconsider the ordinance, the proponents can circulate a petition to gather signatures of at least 5% of registered voters to force an election on the issue. The City Council has until the end of today's meeting to reconsider the ordinance. Mayor Guajardo opened public comment. John Weber, 609 Naples St., shared a discussion between the Ethics Commission and City Attorney, and spoke in support of reconsidering Ordinance 033436. Mayor Guajardo closed public comment. Council Members and City Secretary Huerta discussed the following topics: Council Members spoke in support of this ordinance because it also protects Board Members, not only Council Members; and a concern that by supporting this ordinance, it could cause more accusations for Council Members. Council Member Klein moved to reconsider Ordinance 033436, seconded by Council Member Campos. The motion failed. Aye: 2- Council Member Klein and Council Member Campos Nay: 7- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley and Council Member Roy Abstained: 0 N. BRIEFINGS: (ITEM 32) 32. 24-1512 City of Corpus Christi's American Rescue Plan Act (ARPA) Funding Update Mayor Guajardo referred to Item 32. Director of Finance Sergio Villasana presented information on the following topics: overview; allowable uses; approved infrastructure projects; spending to date; citywide waterline improvements project status; citywide wastewater lift station upgrade project status; citywide stormwater improvements project status; and other ARPA projects-status updates. Council Members, City Manager Peter Zanoni, Assistant City Manager Heather Hurlbert, and Director Villasana discussed the following topics: a desire to obligate this money to the homeless population; and a request for an update on North Beach projects. O. EXECUTIVE SESSION: (NONE) P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:32 p.m. City of Corpus Christi Page 16 Printed on 9/6/2024 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 10:12 AM To: City Secretary; Norma Duran Subject: Public Input: 09-03-2024 - Myra Alaniz Attachments: 6011855445619952388.pdf L I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityA[ert@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. 0 =Public Comment& Input Form Date of Meeting 09-03-2024 Name Myra Alaniz Address Street Address: 4695 FM 1889 City: Robstown State/ Province: TX Postal/Zip Code: 78380 Are you a resident of No Corpus Christi? Topic Item 31 Agenda Item Number 24-1513 Describe Feedback: Item 31 24-1513 Version: 1 Being held accountable by citizens is part of being an elected official. Allowing City Council to hire an attorney will create a situation in which the interest of the Council being questioned is prioritized above the citizens concerns. This will lead to a 1-sided and unfair situation, causing citizens to fear brining their concerns before the council, despite the council member's pledges to listen 1 to those concerns if elected. The Ethics Attorney's primary concern will be to the City Council, Not the citizen. As a 1-side counsel representation, the citizen will be outwitted by an attorney who is versed in law and procedural rules. If you strongly believe in a need for an Ethical attorney for the Council, then provide one to the citizen so the balance of power will be equal. This 1-side, unbalance legal representation will lead to suppressing citizens concerns. Provide an email to receive a copy of your samalaniz24@yahoo.com submission. 2 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 10:41 AM To: City Secretary; Norma Duran Subject: Public Input: 09-03-2024 -Jumana Abd Al Rahman Attachments: 6011872847412348161.pdf I I WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesl<at 826-3766. ublic Comment & Input Form Date of Meeting 09-03-2024 Name Jumana Abd Al Rahman Address Street Address: 1948 S Padre Dr 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 IDA Agenda Item Number 24-1408 Describe Feedback: Hello, I am writing my public comment today to address the IDA industrial district agreements. After last city council public comments, we made it clear that those who vote in support the IDA, is giving a greenLight to the polluting industries here to continue their late stage colonization of not only the native Karankawa, Lipan Apache,Tonkawa and Coahuiltecan peoples and lands, but to continue enabling Valero's current fueling of i the ongoing genocide in Palestine.You have the opportunity to begin to rectify this mistake, and amend your conscience by voting to ANNEX the industries today so they may at the very least pay taxes, rather than their current decade long state of polluting with a blank check. Provide an email to receive a copy of your cctxpsc@gmail.com submission. 2 I Norma Duran From: Kenny Jones Sent: Tuesday, September 3, 2024 8:22 AM To: Ruth David Cc: City Secretary Subject: Re: I DAs Thankyou foryour concern, however, I am not the contact person for City Council. Anything like that should go through City Secretary at CitySecretary@cctexas.com. I have cc'd them. Have a great day! Thank you, Kenny Jones La Retama Central Library 805 Comanche St. Ph. 361.826-7070 e-mail: Kennyj@cctexas.com From: Ruth David <redavidincc@yahoo.com> Sent: Saturday,August 31, 2024 1:01 AM To:Jim Klein <Jim.Klein @cctexas.com>; Dan Suckley<Dan.Sucl<ley@cctexas.com>; Kenny Jones<Ken nyJ @cctexas.com>; Mike Pusley<mike.pusley@cctexas.com>; Paulette Guajardo <Paulette.Guajardo@cctexas.com>; Sylvia Campos <Sylvia.Cam pos@cctexas.com> Subject: I DAs [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: This email or its attached document contains a URL that has an unknown reputation status. While this does not guarantee the URL is malicious, the validity of the URL cannot be verified. Please exercise caution when clicking on any links inside of an email or an email attachment. If you have any questions or concerns, please contact the Service Desk at 826-3766. Thank you. To the city council and mayor, I understand that the IDAs are to be renewed and the terms are not favorable to the general population but overwhelmingly beneficial to industry at the taxpayers expense. Please consider the numerous examples of previous city decisions that have cost us dearly ie. our water supply, our roads, and current sagging taxes resulting in loss of jobs, services and hours of operation. Please do not make any long term agreements without a crystal ball. 15 years is incredibly long and it is ridiculous and unwise to lock us in unfavorable deals or any long term contracts. In my opinion, either you are favoring industry over the welfare of the city or you are too lazy to allow individual negotiations or any future negotiations. i I am not happy with your recent actions concerning the budget and now you might compound the problem with another city .folly. I hate that so many people talk about all the stupid and costly problems that have occurred because of the city council's past decisions. This city could be a jewel and not a joke. Please be mindful of the consequences of your actions. November is around the corner and if you don't consider the citizens, you probably won't be returning to office. I realize that you are probably doing the best job you can... I hope so anyway. No one wants to believe that you are in the industry's back pocket, but if you go forward and favor industry, it will be a reasonable assumption. Sincerely, Ruth David 361-815-8438 Sent from Yahoo Mail for Wad 2 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:23 AM To: City Secretary; Norma Duran Subject: Public Input: 09-03-2024 - Andrea Ramos Attachments: 6011897645335439490.pdf [[WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityA[ert@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. iblic Comment & Input Form Date of Meeting 09-03-2024 Name Andrea Ramos Address Street Address: 1129 York Avenue City: Corpus Christi State/ Province: TX Postal/Zip Code: 78404 Are you a resident of Yes Corpus Christi? What district do you I don't know reside in? Topic IDA(Industrial Distric Agreement Agenda Item Number IDA Describe Feedback: Valero needs to pay taxes. How is it that the people of Corpus pay more taxes than them?? And they are also great polluters of Benzene. This is definitely affecting the citizens of this city-the least they can do is pay taxes. And they are also supplying Isreal with fuel in the ongoing genocide that us happening in Gaza. This is disgusting the fact that our city 1 i is mixed in in all of this. Innocent people are dying. Provide an email to receive a copy of your chs.andrearamos@gmail.com submission. i i i I ([E 2 I Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:27 AM To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input: 09-03-2024 - Molly Davis Attachments: 6011900221644354329.pdf [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER askfor a password, usernarne, 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. ILIVic Comment& Input Form Date of Meeting 09-03-2024 Name Molly Davis Address Street Address: 4025 Markins Dr City: Corpus Christi State/ Province: Texas Postal/Zip Code: 78411 Are you a resident of Yes Corpus Christi? What district do you District 2 reside in? Topic IDA Agenda Item Number IDA Describe Feedback: It is necessary that we annex industry and not allow IDAs to give tax breaks to mutti- million and billion dollar corporations. How is this fair? How is this just? How is this doing right by the people of the city?While we pay hundreds for water each month and are taxed on all of it, industry is given a pardon. Who gets sweetheart deals like this?Only corporations, not the people of your city. It is a disgrace to allow these IDAs to be approved for 10-15 years in order to avoid i annexation. It is criminal to give these polluting, harmful industries a complete pass in this city.These IDAs also help aid a genocide across seas in Palestine, where companies like Valero continue to ship jet fuel. This is not right, it is not just. Provide an email to receive a copy of your mollygreenhamdavis@gmail.com submission. i i i I I z 3 i Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:29 AM To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input: 09-03-2024 - Heather Shields Attachments: 6011901349425092194.pdf [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesl<at 826-3766. 0 = Ablic Comment& Input Form Date of Meeting 09-03-2024 Name Heather Shields Address Street Address: 1230 Preston Street City: Corpus Christi State/ Province: TX Postal/Zip Code: 78418 Are you a resident of Yes Corpus Christi? What district do you District 4 reside in? Topic IDAs Heavy Industrial Users Agenda Item Number IDAs Heavy Industrial Users Describe Feedback: I would like to voice my concern over the city council's continued pursuit of renewing IDAs for heavy industrial users. IDAs are set up between industries and the city to encourage them to bring their business to the city. Over the course of heavy industrial users being Located in our city, they have polluted air, land, and sea; some of this to the point of being irreparable. These industries have caused friends and family members to become infected with rare diseases and 1 cancers. And now we are finding out our city and Port's complicity in fueling the genocide in Palestine, which has killed over 186,000 people. The damage done to our community, and to the communities being genocided around the world is irreparable, but as elected council members you can at least make these refineries pay our community back by removing the IDAs and requiring taxation. Listen to the voice of your constituents. Provide an email to receive a copy of your h.shields87@gmail.com submission. t (4 4 i 3 I I 2 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:30 AM To: City Secretary; Norma Duran Subject: Public Input:09-03-2024 - Kirsten Aguilar Attachments: 6011901961648S76292.pdf [[WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER asl<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 Helpdesl<at 826-3766. 0 =Public Comment&Input Form Date of Meeting 09-03-2024 Name Kirsten Aguilar Address Street Address: 7037 Islander Way Unit 9104 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 IDAs Agenda Item Number 24-1408 Describe Feedback: You're raising taxes and bills of the people of the city, when you're using people of the city's money for criminal purposes. This should be outlawed, and y'all should put people over power. Do better for us and the future generations of Corpus Christi. This place could thrive if you have it a chance to, not the industries a chance fortax cuts. Ridiculous. i Provide an email to receive a copy of your I<irstenagui@gmail.com submission. i i k 1 E 4 k 2 Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:37 AM To: City Secretary; Norma Duran Subject: Public Input: 09-03-2024 -Tanya Bergstrom Attachments: 6011906268926413406.pdf L [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpdesl<at 826-3766. ablic Comment& Input Form Date of Meeting 09-03-2024 Name Tanya Bergstrom Address Street Address: District 4 City: Corpus Christi State/ Province: TX Postal/Zip Code: 78414 Are you a resident of Yes Corpus Christi? What district do you District 4 reside in? Topic Industries Agreement District/Ethics Violation Agenda Item Number 24.1513 &24.1408 Describe Feedback: I don't understand how 80 industries get a sweetheart deal and small folks who are trying to get by with there business. You're trying to raise small business permits. Everything is high inflation, groceries, gas and bills. Not only are you expending their IDAs for 15 years you are getting a small piece of the pie when those-industries bring in billions of dollars. But like always you guys attack the small folk trying to make a living. i You guys can try and make industry happy but at the end of the day these are elected positions. We elected you in public service you are here to work for the people and not corporations. We know who works for us and we know who's against us. November can't come soon enough. I completely disagree that taxpayers should be on the hook for a lawyer bill.We all know what happened to Blake Farenthhold. The taxpayers paying into the city is not a piggy bank for corrupt city officials to get a free lawyer. Council member Mike Pusley pay it yourself. i i 3 E 2 I Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:35 AM To: City Secretary; Norma Duran Subject: Public Input: 09-03-2024 - Elida Castillo Attachments: 6011905195226646966.pdf [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to returns@formresponse.com. If you are unsure this is correct please contact the Helpciesk at 826-3766. 0 =Public Comment& Input Form Date of Meeting 09-03-2024 Name Elida Castillo Address Street Address: 131 Lerdo St City: Taft State/ Province: TX Postal/Zip Code: 78390 Are you a resident of No Corpus Christi? Topic IDAs Agenda Item Number 24-1408 Describe Feedback: I am writing you to urge the denial of the IDAs that benefit 80 facilities. These agreements have subsidized these businesses for too Long at the expense of residents. Now you want to increase the term from 10 to 15 years for a measly 19%. The problem with the backflow prevention program also started because the rules were not being enforced. Then the council goes and votes to use around $1.3 million of the lawsuit funds to start a program that benefits the offenders. Where was the money to reimburse residents &small businesses for not being able to use 1 the water, then having to purchase bottled water out of their own pockets? The mayor& Port commissioners couldn't stop praising the $315 million of commerce that passes through this area daily. So, not only do these industries enjoy federal&state subsidies, but local subsidies like IDAs as well. You see the issues that the city is now facing in getting them to pay equitable water rates, so we do end up losing much more in the end. Provide an email to receive a copy of your ecastillo@tcv.org submission. f 6 z i Norma Duran From: City of Corpus Christi <noreply@formresponse.com> Sent: Tuesday, September 3, 2024 11:21 AM To: City Secretary; Norma Duran Subject: [EXTERNAL]Public Input: 09-03-2024 -Jason Hale Attachments: 6011896328913953590.pdf, Public Comment on Ordinance 24-1513 (Hale,Jason).pdf [ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] 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. 0 ! iblic Comment & Input Form Date of Meeting 09-03-2024 Name Jason Hale Address Street Address: 4421 HAMLIN DR City: CORPUS CHRISTI State/ Province:TX Postal/Zip Code: 78411-3059 Are you a resident of Yes Corpus Christi? What district do you District 2 reside in? Topic Ethics Commission Agenda Item Number 24-1513 Describe Feedback: See attached PDF Uploads: Public Comment on Ordinance 24-1513 (Hale, Jason).pdf 1 E. Public Comment on Ordinance 24-1513 (Hale, Jason) 09/02/2024 Public funding for City Officials for alleged violations before the Ethics Commission This version of the ordinance has significant deviations from the recommendations given to the City Attorney by the Ethics Commission. The City Council should repeal this ordinance for the following reasons: 1. The Ethics Commission can only make recommendations to the City Council. 2. The Ethics Commission members are appointed by City Council and are unlikely to rule against them. 3. The funds should be reimbursed afterwards rather than paid up front. If a council member is found guilty near the end of their term, there is no way to ensure that the City will be made whole. Respectfully, Jason Hale Public Comment 9-3-2024 1 Date of Meeting 9/3/2024 Name Encarnacion Serna Street Address: 105 Lost Creek Drive Address City:Portland State/Province:Texas Postal/Zip Code:78374 Are you a resident of Corpus Christi? No Topic Should the City with citizens tax money pay for legal representation of city personnel Agenda Item Number 31 This proposed item/amendment or whatever it is officially named must not be approved.This proposal whereby the City of Corpus Christi will paywith citizens monies for legal representation when members of city council or city employees engage in unethical behavior must not be approved because it is in itself unethical and illegal to do so.This proposal is being pushed arbitrarily,maliciously,capriciously and abusively by current members of city council who engage Describe Feedback: themselves in unethical and abusive behavior.This proposal if it becomes an ordinance,will not just cost the citizens money,but will encourage and perpetuate on-going unethical and abusive actions by members of city council and others.One example of many;is councilman Mike Pusley, who constantly engages in unethical and abusive behavior,towards his fellow council members and to members of the public;with the complacent and tolerant lack of oversight by the Mayor and the City s Attorney.He used a criminal At Provide an email to receive a copy of cachetonl@twc.com our submission. 2 Date of Meeting 9/2/2024 Name Bette Cranford Street Address:3802 Wilmont Dr Address City:Corpus Christi State/Province:TX Postal/Zip Code:78410 Are you a resident of Corpus Christi? Yes What district do you reside in? District 1 Topic Should the City pay for legal representation of Board Members using tax dollars Agenda Item Number 31 This proposed item/amendment should not be approved.This proposal whereby the City of Corpus Christi will pay with citizens monies for legal representation when members of city council or city employees engage in unethical behavior must not be approved because it is in itself Describe Feedback: unethical and possibly illegal to do so.This proposal is being pushed arbitrarily,maliciously,and capriciously by current members of city council who engage themselves in unethical and abusive behavior.This proposal,if it becomes an ordinance,will not just cost the citizens money,but will encourage and perpetuate on-going unethical and abusive actions by members of city council and others.Misconduct by board members should not be paid for with tax dollars. Provide an email to receive a copy of bette78412@aol.com our submission. 3 Date of Meeting 9/3/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Industrial District Agreements Agenda Item Number Ordinance 24-1408 Describe Feedback: The attached document clearly explains the failures related to the proposed Industrial District Agreement.Please read and consider this comment before making your decision on the IDA's. Uploads: Public Comment on Ordinance 24-1408(Hale,Jason).Pdf Provide an email to receive a copy of positivelypositiv@yahoo.com our submission. 4 Date of Meeting 9/3/2024 Name Jason Hale Street Address:4421 HAMLIN DR Address City:CORPUS CHRISTI State/Province:TX Postal/Zip Code:78411-3059 Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Drought Surcharge Exemption Fees Agenda Item Number 24-1448 Large volume water users who reap the benefits of drought exemptions are not good neighbors. Theywill fight tooth and nail to maintain profits even if it means that we have to suffer the consequences.Attached is a comment outlining how annexation is a far superior option to Describe Feedback: drought surcharge exemption fees.It could easily be a 367%improvement over the proposed fees and could be used to improve existing water supplies like the Mary Rhodes pipeline which could secure us up to 70 MGD more than what we are already receiving allwithout having to risk the ill effects of desalination in the bay. Uploads: Public Comment on Ordinance 24-1448(Hale,Jason).pdf Provide an email to receive a copy of positivelypositiv@yahoo.com our submission. 5 Date of Meeting 9/3/2024 Name Marie Lucio Street Address:4999 CR 30 Address City:Robstown State/Province:TX Postal/Zip Code:78380 Are you a resident of Corpus Christi? No Topic public comment Agenda Item Number #19 and#31 Describe Feedback: I have sent public comment thru email to council as my commentwould not fit here. Provide an email to receive a copy of marielucio92@yahoo.com our submission. 6 Date of Meeting 9/3/2024 Name Mary Alice Wiech man Street Address:6813 Summer Wind Dr. Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78413 Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic The city paying attorney fees for Councilor's ethic violation and IDA agreements Agenda Item Number Items#19 Regarding item#19: Please reconsider having the City of Corpus Christi pay the legal fees for council members to defend against ethics complaints made by tax-paying citizens.The council member in question should be required to turn over the records requested under the Freedom of Information Act immediately.Why does he need an attorney?What is he hiding? Thankyou, Mary Alice Wiech man 6813 Summer Wind Dr. Corpus Christi,TX 78413. Provide an email to receive a copy of mare.alice.wiechman5l@gmail.comWiechman our submission. 7 Date of Meeting 9/3/2024 Name Miguel Briseno Street Address:314 Caribbean Dr. Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78418 Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic City resolution on informed consent for injectables Agenda Item Number Unknown Describe Feedback: Would like to be included as a 3-minute speaker at the City Council public Hearing at 11.30 Provide an email to receive a copy of miguelbriseno1959@gmail.com our submission. 8 Date of Meeting 9/3/2024 Name Mary Alice Wiech man Street Address:6813 Summer Wind Dr. Address City:Corpus Christi State/Province:Texas Postal/Zip Code:78413 Are you a resident of Corpus Christi? Yes What district do you reside in? District 5 Topic IDA agreements Agenda Item Number #31 Regarding item#31: Describe Feedback: Please reconsider the ordinance authorizing execution of a 15-year industrial contract for industry (IDAs).Consider annexing these industries to the City of Corpus Christi so that they can pay their fair share of taxes,removing the entire burden from the citizens. Provide an email to receive a copy of mars.slice.wiechman5l@gmail.comWiechman our submission. Public Comment on Ordinance 24-1408 (Hale, Jason) 09/02/2024 First Comment A Plan For Reform IDA's are a subsidy to some of the most profitable businesses in town. Case in point, new improvements are not taxed for the first four years after they have been put in service. By year five, the value of these improvements are a small fraction of what they initially were. How much taxpayer funds are we leaving on the table with policies like this? So far, this has not been elucidated by City staff. Residents deserve to know how much potential revenue is being foregone before the IDA is signed for the suggested 15 year term. I don't think we should be directly subsidizing industrial growth flat out. Instead, we should directly subsidize specific growth that the community actually wants to see in our area because there are a lot of types of projects that do not align with the community's values. If you've been to a TCEQ public meeting for one of the proposed ammonia plants in the area, then you know what I am talking about. Companies are designed to make profits, they only consider what is priced, so subsidies should come with conditions. This IDA agreement gives all of our carrots away and leaves the City of Corpus Christi with fewer tools to incentivize the growth that residents would like to see. For example, Cheniere's currently proposed expansion would lead to the emission of over 6.9 million tons per year of greenhouse gasses (as CO2e) with a projected climate related social cost of$1.2 billion per year, and projected climate change related deaths of 1,423 people per year. Is that the growth we want to encourage with tax abatements? Is this the future we want for the Coastal Bend area? More importantly, will it be the growth that residents want to encourage 5 or 10 years from now? I certainly hope not. But it shouldn't be up to me or to City staff. It should be up to the residents, which means they need to be involved during the negotiation process. Residents deserve to be a stakeholder with a seat at the negotiation table. While there is no single recipe for successful subsidy reform, experiences suggest that the following ingredients are needed: 1. A comprehensive tax abatement sector reform plan with clear long-term objectives with an analysis of the impact of reforms; 2. Transparent and extensive communication and consultation with stakeholders, including information on the size of subsidies and how they affect the City's budget; 3. Price increases that are phased-in Tax abatements through IDA's have the potential to encourage pollution reduction improvements, water use improvements, and improvements in job to resource use ratios just to name a few. They are an opportunity to encourage specific criteria that align with the values of residents. However, the proposed IDA agreement does nothing to encourage targeted growth. Instead it is a flat out subsidy that promises more of the same industrial activity which has led to negative health outcomes, expansions in overburdened communities, and a depletion of our water resources. All while we are cutting City services to residents that we desperately need. Who is this IDA good for? If it's a good deal for us, then it's a bad deal for them. So how would that incentivize growth?All we are asking for is a rational explanation of the costs and benefits of the current agreement so that we can make an informed decision on whether or not this is an actual benefit to the community. If this IDA incentivizes growth, then it must have some costs to the residents, and that cost has not been clearly explained in contrast to a non-IDA type agreement like annexation or at the very least, alternative scenarios like 100% PILOT on improvements from year 1 to 4 after it has been put in service. We all want what is best for the residents, even if we have different views on how that can be achieved. However, we can't have a rational conversation about this topic without the facts. Annexation is a valid option whose costs and benefits should be clearly explained before signing this agreement. Alternative PILOT scenarios are worth exploring. Failure to do so is extremely troubling since the term length is 15 years, potentially locking in losses that will deprive residents of essential City services. I believe this agreement is a step back for the residents of Corpus Christi because it robs us of a better future. Please keep this in mind when making your decision on the current proposed IDA. Respectfully, Jason Hale Second Comment Don't Mess With Texas Growing up I would see these signs all over the place. Billboards, magazine ads, television commercials, you name it. To me, it meant that our natural resources are special and worth preserving and if you screw it up, you're a jerk, even if you only tossed out a candy wrapper at the beach. Don't mess with Texas is a strong message.and it's something I believe deeply resonates with Texans, because our land, water, and air are special, and they are worth preserving. When I turned 16 and started driving, I was kind of a jerk. Every now and then I'd toss out my fast food garbage while driving down the road. At the time, it felt like in the grand scheme of things, it wouldn't matter. What's one piece of trash compared to the vast amounts of waste that's dumped into our land, air, and water everyday? It was dumb. The novelty wore off. And with the threat of getting a hefty fine, I quickly went back to properly discarding my trash. IDA Incentives IDA's provide a unique opportunity to incentivize good stewardship of our natural resources because they deal with businesses that have been given a license to pollute. Although these businesses produce goods that are important to the economy, the waste they generate is not always disposed of in the most efficient manner. This is because they are businesses that are designed to make a profit. Balancing proper waste disposal versus profits can be difficult, but the IDA's can help bridge that gap by financially incentivizing good stewardship. For example, 100% of all pollution technology improvements are untaxed in this agreement, even if it is for the replacement of an older bare minimum technology with a newer bare minimum technology. That does very little to encourage better stewardship. We are basically subsidizing something the company should be doing anyways. A better approach would be to 1. give 100% abatement to the maximum achievable technology, 2. less for `best available control technology', and 3. none for the bare minimum. That could actually go a long way in improving the health of our land, air, and water. Another incentive that could be added would be a reduction in abatements based on air quality attainment. The current air quality in the region is approaching non attainment with national air quality standards which can result in a huge burden to all aspects of life here in Corpus Christi. According to a recent study it could cost the region over$1.7 billion annually for 23 years. Implementing a reduction in abatements as we approach non-attainment could encourage industries that have the biggest effect on air quality to reduce their emissions by giving them a financial incentive to do so. You could set the reductions to 1. 100% for non attainment or higher, 2. 50% for half way to attainment from current air quality averages, and 3. 0% for current air quality. By reductions I mean 0% is the current abatement, and 100% is no abatement. This could also result in meaningful air quality improvements. Public Input Unfortunately suggestions like these weren't able to be made during the City's negotiations with IDA businesses because there was no public input opportunity while they were taking place. Residents don't need access to sensitive financial information, we just need a seat at the table. Now, with the term length set to 15 years, our voices have been effectively silenced. We were robbed of an opportunity to be involved, and now we won't get another chance for another seven and a half election cycles. Something about that feels incredibly undemocratic. Recently, a Port commissioner mentioned that the City needs a plan for how it would like industry to grow in the future. We currently don't have an official plan, but the IDA's are actually pretty indicative of how the City sees growth in the future. I'm not anti growth, but I do believe there is room for improvement in our current growth plan, something that could be addressed with the IDA's. For example, climate change is a huge issue. With the Port being a number one exporter of oil, this community plays a large part in the stability of the earth's climate. Do we really want to encourage growth in industries that exacerbate our current climate crisis? I don't. But it's not up to me. It's up to the community to decide. Personally, I would like for the IDA'S to incentivize more renewable energy businesses that reduce our reliance on fossil fuels. Given that we are currently out of water to sell to new I DA businesses, I'd also like to see more incentives to businesses that have a high job to water use ratio, or at the very least, utilize the best available technology to reduce water use. Again, that's for the community to decide. With that in mind, I request that the IDA's term length be reduced to the minimum number of years possible. I'd settle for 5 years, but less would be better. That way, the City can restart the negotiation process and this time, involve the community's input by giving them a seat at the table. There should be more community stakeholders present, not just the City staff and industrial partners. Residents are partners in this as well. We work here, we breathe the air here, and if we reach non-attainment, we will also suffer the consequences. Respectfully, Jason Hale Public Comment on Ordinance 24-1448 (Hale, Jason) 09/02/2024 Drought Surcharge Exemption Fee The City of Corpus Christi is experiencing a water crisis that is exacerbated by large volume water users who opt out of water conservation during periods of drought through the use of drought surcharge exemption fees. If we eliminate the water exemption fee and annex large volume water users, we could raise the water rates, creating more revenue to develop adequate water resources like improvements to the Mary Rhodes pipeline, something that isn't an option with the current drought surcharge funds. Last year, the City raised large volume water rates to reflect the actual costs of providing services from $1.94 to $3.94 per thousand gallons. These large volume users immediately appealed to the public utilities commission (PUC) to have their rates lowered. Large volume water users aren't the good neighbors they pretend to be. They are businesses who will fight tooth and nail to maintain profits even if it means we suffer as a consequence. If they take every opportunity to do what's best for them then we should do the same. Cost Benefit Analysis of Annexation The 30 year cost for the Inner Harbor plant could be as much as $1.957 billion, assuming a $40 million yearly operations and maintenance cost. The proposed drought surcharge exemption fee would only net 10.22% of these costs assuming that large volume water users consume 58.92 MGD of water. If the City annexed the IDA businesses and charged them the minimum rate that is billed to residential customers ($5.08 per thousand gallons), the benefit would be $735 million, assuming the current$3.94 per thousand gallon rate isn't lowered by the PUC. That is an improvement of 367.7% over the proposed surcharge fee. Summary Clearly, annexation is the better option for recouping costs for a new water supply that is only necessitated by current and future large volume water users. Please do what is in the best interest of residents by ditching the drought surcharge exemption fee and annexing large volume water users. Respectfully, Jason Hale se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council meeting of September 3, 2024 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(u-)-cctexas.com (361) 886-2601 Approval to accept and appropriate a grant from the Motor Vehicle Crime Prevention Authority to continue the activities of the Auto Theft Task Force in the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of$864,514.00 with a City cash match of$184,005.00 and an in-kind match of$750,763.00, for a total project cost of$1,048,519.00 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and authorizing four sworn and three civilian positions that currently exist; and appropriating $864,514.00 in the Police Grants Fund. SUMMARY: This ordinance authorizes the acceptance of a grant and appropriation of the grant funds from the Motor Vehicle Crime Prevention Authority for the Corpus Christi Police Department (CCPD). The grant funds will go toward salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force's program. It also designates the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or Director of Finance's designee as financial officer for this grant. BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority (MVCPA) to continue the Motor Vehicle Theft Unit in the Police Department. The MCVPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of$4 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The amount awarded to the City is based upon the number of auto thefts in the area and the performance of the Auto Theft Task Force's program. The Unit focuses not only on detection and apprehension of stolen and burglarized vehicles, but also on the automotive businesses in the City and County in order to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant which includes public outreach events, media interviews, presentations to citizens, sign and bus wrap campaigns, social media campaigns, and other crime prevention initiatives. The purpose is to reduce victim-assisted auto crime such as leaving cars unlocked, keys in vehicles, and valuables inside the vehicle (e.g., guns, purses, laptops, etc.). The grant provides funds for one Lieutenant to supervise the Auto Theft Task Force unit, consisting of three additional sworn CCPD officers and three civilians (seven total employees). As part of the Auto Theft Task Force unit, the civilians conduct data analysis, crime analysis, manage the required public awareness campaign, provide customer service to victims of auto crime, and maintain grant paperwork. The General Fund match is for vehicle maintenance on nine vehicles, unit operating expenses, training, and for salary, benefits, and overtime of four additional sworn officers who currently work in the auto theft and auto burglary bureau. In-kind contributions include a copy machine and office space. The grant requires designating the Chief of Police as the authorized official, the Deputy Chief of Police of the Criminal Investigations Division as Program Director, and the Director of Finance, or the Director of Finance's Designee, as financial officer for this grant. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end. The City must reapply each year because the MVCPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. This year's grant period is from September 1, 2024 through August 31, 2025. The City has received the grant for 25 years. Last year, the City received $429,518.00 from this grant. ALTERNATIVES: The alternative is not to accept the grant. However, if the grant is not accepted and appropriated, funding for the Auto Theft Task Force will be lost or reduced. This will result in less law enforcement activities being put toward decreasing auto thefts in and around Corpus Christi. It will also mean that it is less likely that the City will receive this grant in the future. FISCAL IMPACT The Police General Fund will provide a cash match of$184,005.00 for unit operating expenses,training, and supplies and an in-kind contribution of $750,763.00 for sworn officers' salaries/benefits, overtime and supplies. The City cash match for FY 2024 is $15,333.75 for one month and is available in the FY 2024 Police Department General Fund. For FY 2025, $168,671.50 is included in the proposed FY 2025 Police Department General Fund. Funding Detail: FY 2024 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project #: N/A Account: Various Amount: $15,333.75 FY 2025 Fund: 1061 Police Grants Fund Organ ization/Activity: 89 Department: 29 Project # 822328S Account: Various Amount: $864,514.00 Fund: 1020 General Fund Organization/Activity: Criminal Investigation Division 11720 Department: 29 Project #: N/A Accounts: Various Amount: $168,671.50 RECOMMENDATION: Staff recommend accepting and appropriating the grant award and designating several City staff members as designated officials for the grant, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority in the amount of $864,514.00 with a City cash match of$184,005.00 and an in-kind match of$750,763.00, for a total project cost of $1,048,519.00 for salaries, overtime, and fringe benefits for four sworn officers and three civilians, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $864,514.00 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief of Police is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority (MVCPA) in the amount of $864,514.00 to continue the Auto Theft Task Force unit activities within the Police Department, with a City cash match of $184,005.00 and in-kind contribution of $750,763.00, for a total project cost of$1,048,519.00 to fund four sworn officers and three civilians. SECTION 2. That $864,514.00 from the Motor Vehicle Crime Prevention Authority is appropriated in the Police Grants Fund to fund four sworn officers and three civilians, and continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That the Chief of Police is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority grant program and all other necessary documents to accept said grant. SECTION 4. That the Deputy Chief of Police of the Criminal Investigations Division is designated as the Program Director, and the Director of Finance or the Director of Finance's designee is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2024. That the foregoing ordinance was read for the second time and passed finally on this the of , 2024. PASSED AND APPROVED on the day of , 2024: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor ,�s 9rf moTORVEHICLE AUTHORITYCRIME PREVENTI' FY25 Motor Vehicle Crime Prevention Authority Statement of Taskforce Grant Award and Grantee Acceptance Notice Grant Number: 608-25-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Police Department Auto Theft Task Force Grant Award Amount: $864,514 Total Cash Match Amount: $184,005 In-Kind Match Amount: $750,763 Reimbursement Percent*: 82.45% Grant Term: September 1, 2024 to August 31, 2025 Grant Budget Summary: City of Corpus Christi (App ID:304) Cash MVCPA Match Total In-Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $593,811 $0 $593,811 $484,977 Fringe $246,108 $0 $246,108 $181,810 Overtime $24,595 $0 $24,595 $22,338 Professional and Contract Services $0 $0 $0 $39,638 Travel $0 $38,537 $38,537 $0 Equipment $0 $58,700 $58,700 $0 Supplies and Direct Operating Expenses (DOE) $0 $86,768 $86,768 $22,000 Total $864,514 $184,005 $1,048,519 $750,763 *Reimbursement Percent: 82.45%- $864,514 MVCPA amount/($864,514- MVCPA amount+$184,005 cash match) That whereas,The City of Corpus Christi (hereinafter referred to as Grantee),has heretofore submitted a grant application in response to the Request for Application issued on April 12,2024,to the Motor Vehicle Crime Prevention Authority,State of Texas,entitled Corpus Christi Police Department Auto Theft Task Force Cameras and further identified by grant number 608-25-1780200 and Whereas,the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY25 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated 08/13/2024 and Whereas, the Grantee desires to accept the FY25 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; • Texas Grant Management Standards (TxGMS) as promulgated by the Texas Comptroller of Public Accounts including TxGMS Standard Assurances by Local Governments and Standards for Financial and Program Management; • The Request for Applications issued on April 12, 2024; FY25 MVCPA Statement of Grant Award and Grantee Acceptance Page 1 of 2 • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award; and • The Approved Grant Budget Summary Now, therefore,the Grantee accepts the FY25 Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed bythe official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above-referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary.This grant is subject to and conditioned upon the acceptance of the MVCPA Grant Administrative Guide promulgated for this specific program fund (referenced above) bythe Motor Vehicle Crime Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements (MVCPA will only apply special conditions to applicable jurisdictions): X Non-Supplanting-The grantee agrees that funds will be used to supplement, not supplant, funds that would otherwise be available for the activities under this grant. This includes demonstrating that new funded positions will be added to the department and not replacing local funds with state funds. X Intelligence Sharing-The grantee is required to ensure that Law Enforcement personnel funded in whole or in part by this grant actively participate in Law Enforcement intelligence sharing webinars and Motor Vehicle Crime Investigator Virtual Command Centers organized and promoted on behalf of the MVCPA program operation and statewide collaboration. X Border Security Report Requirement—This Grantee is designated as a MVCPA Border Security Grant which is located along the United States of America border with the United States of Mexico and those that are adjacent to the Gulf Intracoastal Waterway. This designation requires grantee to provide additional report information required by the General Appropriations Act of the 87th Texas Legislature, Regular Session.The Governor or Legislative Budget Board may request additional information regarding the report data during the term of the grant APPROVED AND ACCEPTED BY: Authorized Official Printed Name and Title Date Signed FY25 MVCPA Statement of Grant Award and Grantee Acceptance Page 2 of 2 FY25 Final Negotiated Application City of Corpus Christi Taskforce Grant Negotiation for Fiscal Year 2025 The Application was submitted by Mike Markle at 7/30/2024 5:17:34 PM and is now locked. The confirmation Number is 2024073000304. Primary Agency/Grantee Legal Name: City of Corpus Christi Organization Type: Law Enforcement Organization ORI (if applicable): TX1780200:CORPUS CHRISTI PD(MIP) Program Title Please enter a short description of the proposed program that can be used as the title. Corpus Christi Police Department Auto Theft Task Force Application Category(See Request for Applications [RFA]for category details and descriptions RFA Priority Funding Section): New Grant-2025 is the first year of the MVCPA Taskforce Grants.All 2025 grant applicants use the new grant category. MVCPA Program Category(see RFA and TAC 43, 3§57.14). Check all that apply. 0 Law Enforcement, Detection and Apprehension 12 Prosecution,Adjudication and Conviction 0 Prevention,Anti-Theft Devices and Motor Vehicle Registration 12 Reduction of the Sale of Stolen Vehicles or Parts 0 Education Programs and Marketing Taskforce Grant Participation and Coverage Area Provide a General Description of the Participating and Coverage Area of this Grant Application City of Corpus Christi, Nueces County, San Patricio and the Port of Corpus Christi in Texas. Define in the tables below the grant relationships and geographic area of the taskforce: Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list, please include the agency and role in the general description above. Make sure to follow the definitions below and select an agency in the dropdown. Use the Add as Participating Agency or Add as Coverage Agency button to populate the list. Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for reimbursement and cash match. Participating agencies are defined after the grant award by interlocal/interagency agreements. Each applicant must select their own agency first. Then select agencies that will receive or provide funding and/or resources. [Note: Interlocal/interagency agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended.] Coverage Agencies are agencies that provided some level of coverage, assistance or support by this grant application but will not materially exchange funds as cash match or reimbursement.The coverage is not supported by an after the award with interlocal/interagency agreements. Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant(Ex. City Y is within County X or vice versa).Agencies selected in this list include agencies that will be covered or where the agency indicates that their agency will coordinate or call upon the taskforce. Letters of support with the application from the participating agencies are strongly recommended. Select Agencies to Add Participating Agencies Coverage Agencies CORPUS CHRISTI PD(MIP) NUECES CO SO BAILEY CO SO[TX0090000] SAN PATRICIO CO SO MULESHOE PD[TX0090100] Bandera BANDERACO SO[TX0100000] Bastrop BASTROP CO SO[TX0110000] BASTROP PD[TX0110100] Add as Participating Agencies Delete Selected Delete Selected Add as Coverage Agencies ❑ Other Coverage (Use if ORI not listed or explanation is necessary.): No text provided. National Insurance Crime Bureau (NICB) Used as Match (Documentation and time certification required.) ❑ Texas Department of Public Safety(DPS) Other State or Federal Agency(specify:) Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov.The completed and executed Resolution must be attached to this on-line application. Grant Budget Form MVCPA recommends that the applicant complete the total costs(MVCPA and Cash Match combined)for this program.The applicant can then enter the desired amount of Cash Match (not less than 20% per TAC Title 43, A§57.36).The system will then calculate the correct grant and match amounts. Budget Entry Option: Enter Total and let system calculate MVCPA Funds and Cash Match, Match Percentage: % Enter MVCPA and Cash Match Amounts Click on category name to edit budget detail for that category. Cash MVCPA Match Total In-Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $593,811 $0 $593,811 $484,977 Fringe $246,108 $0 $246,108 $181,810 Overtime $24,595 $0 $24,595 $22,338 Professional and Contract Services $0 $39,638 Travel $0 $38,537 $38,537 Equipment $0 $58,700 $58,700 Supplies and Direct Operating Expenses(DOE) $0 $86,768 $86,768 $22,000 Total $864,514 $184,005 $1,048,519 $750,763 Cash Match Percentage 21.28% Pct MVCPA In-Kind Description Subcategory Time Funds Cash Match Total Match Personnel Police Lieutenant Investigator/LEO 100 $112,476 $0 $112,476 Investigator 1 Investigator/LEO 100 $101,207 $0 $101,207 Investigator 2 Investigator/LEO 100 $100,483 $0 $100,483 Investigator 3 Investigator/LEO 100 $98,620 $0 $98,620 Program Manager Administrative/Support 100 $65,205 $0 $65,205 Crime Analyst Crime Analyst/LE 100 $58,386 $0 $58,386 Professional Investigative Intake Specialist Administrative/Support 100 $57,434 $0 $57,434 Investigator 4 Investigator/LEO 100 $0 $98,620 Investigator 5 Investigator/LEO 100 $0 $98,529 Investigator 6 Investigator/LEO 100 $0 $99,296 Investigator 7 Investigator/LEO 100 $0 $94,487 Operational Officer Investigator/LEO 100 $0 $94,045 Total Personnel 1200 $593,811 $0 $593,811 $484,977 Pct MVCPA In-Kind Description Subcategory Time Funds Cash Match Total Match Fringe Police Lieutenant Investigator/LEO $52,279 $0 $52,279 Investigator 1 Investigator/LEO $49,688 $0 $49,688 Investigator Investigator/LEO $41,785 $0 $41,785 Investigator 3 Investigator/LEO $24,421 $0 $24,421 Program Manager Administrative/Support $38,684 $0 $38,684 Crime Analyst Crime Analyst/LE $24,078 $0 $24,078 Professional Intake Specialist Investigator/LEO $15,173 $0 $15,173 I nvestigator 4 Investigator/LEO $0 $0 $41,848 Investigator 5 Investigator/LEO $0 $0 $43,773 Investigator 6 Investigator/LEO $0 $0 $24,349 Investigator 7 Investigator/LEO $0 $0 $23,357 Operational Officer Investigator/LEO $0 $0 $48,483 Total Fringe $246,108 $0 $246,108 $181,810 Overtime Police Lieutenant Investigator/LEO $5,137 $0 $5,137 Investigator 1 Investigator/LEO $4,554 $0 $4,554 Investigator 2 Investigator/LEO $4,554 $0 $4,554 Investigator 3 Investigator/LEO $4,554 $0 $4,554 Program Manager Administrative/Support $0 $0 Crime Analyst Crime Analyst/LE $2 919 $0 $2 919 Professional Intake Specialist Administrative/Support $2,877 $0 $2,877 Investigator 4 Investigator/LEO $0 $4,554 Investigator 5 Investigator/LEO $0 $4,554 Investigator 6 Investigator/LEO $0 $4,554 Investigator 7 Investigator/LEO $0 $4,338 Operational Officer Investigator/LEO $0 $4,338 Total Overtime $24,595 $0 $24,595 $22,338 Professional and Contract Services National Insurance Crime Bureau NICB-personnel 39 $0 $39,638 Total Professional and Contract Services 39 $0 $39,638 Travel MVCPA Board Meetings(3) Administrative In-state $0 $4,479 $4,479 Texas Crime Prevention Authority Training In-State $0 $3,833 $3,833 Conference MVCPA Conference Training In-State $0 $6,145 $6,145 Texas Association of Vehicle Theft Training In-State $0 $7,820 $7,820 Investigators International Association of Auro Theft Investigators Training Out-of-State $0 $16,260 $16,260 Total Travel $0 $38,537 $38,537 Equipment New Vehicle $0 $40,000 $40,000 Uplifting Accessories $0 $15,000 $15,000 Computer Equipment $0 $3,700 $3,700 Total Equipment $0 $58,700 $58,700 Supplies and Direct Operating Expenses(DOE) Office Supplies $0 $5,000 $5,000 Telephone/Communications $0 $6,000 $6,000 Public Awareness $0 $20,000 $20,000 Postage $0 $300 $300 Pct MVCPA In-Kind Description Subcategory Time Funds Cash Match Total Match Fuel &Lubricants $0 $17,000 $17,000 Rental Space $0 $18,711 Copier Supplies $0 $3,289 Confidential Funds $0 $200 $200 Tools&Equipment $0 $5,000 $5,000 Vehicle Maintenance $0 $10,768 $10,768 Memberships, Licenses, &Dues $0 $4,500 $4,500 Covert Tracker $0 $1,000 $1,000 ALPR Fees&Commercial Data $0 $17,000 $17,000 Total Supplies and Direct Operating Expenses(DOE) $0 $86,768 $86,768 $22,000 Budget Narrative A. Personnel Narrative:TOTAL PERSONNEL COMPENSATION FORMULA=SALARY+ADDITIONAL PAYS (EDUCATION + LONGEVITY+ SPECIALIZATION + CERTIFICATION + PLAIN CLOTHING ALLOWANCE+ UNIFORM CLEANING ALLOWANCE)MVCPA FUNDED PERSONNEL: POLICE LIEUTENANT: Serves as the supervisor for the task force. Coordinates all tactical investigations and communicates with police administration on all auto theft and auto burglary matters. Oversees installation, training and upkeep of LPR program utilized by CCPD. Manages three solely dedicated ATTF pole camera surveillance systems program. Ensures goals and objectives of grant are met. 100%time working on the Grant. $102.735+ ($1,625+$4,485+0+$1,950 +$ +$900+$780)_ $112,476 MVCPA funded. INVESTIGATOR 1:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $91,077.00 +($1,625.00+$4,875.00+0+$1,950.00+$900.00+$780.00 )_ $101,207 MVCPA funded. INVESTIGATOR 2:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant.$91,077.00+($1,625.00 +$3,120.00+0+$1,950.00$900.00+$780.00 )_$99,452 MVCPA funded. INVESTIGATOR 3: Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $91,077.00+( $1,261.00+$4,875.00 +0 +$1,950.00$900.00+$780.00)_$100,483 MVCPA funded. PROGRAM MANAGER: Facilitates all aspects of the auto theft grant and supplementing grants throughout the year. Responsible for the development and regulation of the grant application and budget. Serves as a liaison to City Hall, Corpus Christi Police Department, MVCPA, area law enforcement agencies and media. Ensures MVCPA grant compliance. Develops, coordinates and delivers a full-scale public awareness program. Assists in performance of grant goals and objectives. 100%time working on the Grant.$65,205+ ($0)_$65,205 MVCPA funded. CRIME ANALYST: Collects crime data specific to auto burglary and auto theft to identify trends and patterns for departmental personnel. Prepares reports as requested by supervisor and auto theft personnel. Creates database of local auto crime thieves for the use of detectives. Performs work on goals and objectives of the grant. 100%time working on the Grant.$58,385.67+ ($0)_$58,386 MVCPA funded INVESTIGATIVE INTAKE SPECIALIST:Assists the ATTF and the public regarding motor vehicle crime cases. Screens and manages public case inquiries both in-person and electronically; assists in the investigation of criminal cases and files misdemeanors; contributes to proactive policing efforts/events. Performs work on goals and objectives of the grant. 100%time working on the Grant. $57,534.26 + ($0)_$57,534 MVCPA funded. MATCH PERSONNEL: INVESTIGATOR 4:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $91,077.00+ ($598.00 +$3,315.00 +$0 + $1,950.00$900.00 +$780.00)_$98,620.00 Match funded. INVESTIGATOR 5:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $91,077.00+ ($507.00+$3,315.00+$0+$1,950.00$900.00+ $780.00 )_$98,529 match funded INVESTIGATOR 6:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $91,077.00 +($1,274.00+$3,315.00+$0+$1,950.00$900.00 +$780.00)_$99,296. Match funded INVESTIGATOR 7:Works on all proactive and reactive investigations, cases and tactical responses. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all goals and objectives of the grant. 100%time working on the Grant. $86,762.00+ ($1,625.00+$3,120.00+$0+$1,300.00 +$900.00 +$780.00)_$94,487 Match Fund Operational OFFICER:Works closely with citizens, businesses and other organizations to address motor vehicle crime issues within the City of Corpus Christi.Works on all proactive and reactive tactical responses utilizing assigned ALPR technology. Coordinates with other law enforcement agencies for multi-jurisdictional cases. Performs work on all proactive goals and objectives spe of the grant. 100%time working on the Grant. $86,762.00 +($923.00+$1,755.00 +$1,625.00 +$1,300.00+$900.00 +$780.00 )_$94,045 Match Fund NOTES:*Salaries are calculated by the City of Corpus Christi Human Resources Department based on a market rate analysis of the position(s).The Salary calculated for the crime analyst is reflective of a 3.5% (average)merit increase if performance evaluation appropriates it;the intake specialist is reflective of a 3.5% (average) merit increase if performance evaluation appropriates it along with the program manager; all sworn pay increases are reflective of the new POA contract. **The funds will be used by the LEDs, Crime Analyst, Program Manager, and Investigative Intake Specialist listed as MVCPA and as In-Kind/Cash Match. LEO operations are frequently fluid and require outside taskforce resources. If needed, those resources will be brought in to support the reduction in vehicle crime operations and the hours worked will be funded with overtime.***More information is available in the attached resource labeled FY24 Proposed Budget.*More information is available in the attached resource labeled FY25 Proposed Budget. B. Fringe TOTAL FRINGE FORMULA=SALARY BASED CONTRIBUTION [FICA(SALARY x 6.2%)+ MEDICARE(SALARY x 1.45%)+TMRS (SALARY x 16.55%)] + NONSALARY BASED CONTRIBUTION [Group Term Lfe(GTL)+ MEDICAL GROUP INSURANCE/HSA Budget Narrative CONTRIBUTIONS +SUPPLEMENTAL INSURANCE+ BASIC LIFE INSURANCE+ LONG TERM DISABILITY+SELF INSURANCE (RISK MANAGEMENT)+OTHER BENEFITS]: MVCPA FUNDED FRINGE: Police Lieutenant: [($102,735 x 6.2%)+ ($102, 735 x 1.45%)+($102,735.93 x 16.29%)] + [$89.96 +$25,133.12 +$120.00 +$57.72+$0+$1,920.00+$453.12)]=$52,279.94 Investigator 1: [($91,077 x 6.2%)+($91,077+ 1.45%)+($91,077 x 16.29%)] + [$206.44 +$25,133.12+$120.00+$51.74 +$0+$1,920.00+ $453.12)]=$49,688 Investigator 2: [($91,077 x 6.2%)+ ($91,077 + 1.45%)+($91,077 x 16.29%)] + [$48.10+ 17,388.50+$120.00+ $51.74 +$0+$1,920.00 +$453.12)]=$41,785 Investigator 3: [($91,077 x 6.2%)+ ($91,077 + 1.45%)+($91,077 x 16.29%)] + [$72.02 +$0 +$120.00+$51.74+$0+$1,920.00 +$453.12)]=$24,421 Crime Analyst: [($58,386 x 6.2%)+ ($58,386 + 1.45%)+($58,386 x 16.29%)] + [($21,749.12+$0+$28.86+36.40 +$453.12+806.52)]=$24,078.00 Program Manager: [($65,205 x 6.2%)+ ($65,205+ 1.45%)+($65,205 x 16.29%)] + [($21,749.12+$0+$28.86 +36.40+$453.12+806.52)]=$38,684.10 Intake Speacalist: [($57,434 x 6.2%)+($57,434+ 1.45%)+($57,434 x 16.29%)] + [($0+$0+$28.86 +$111.28+$453.12+806.52)]=$15,173.48 MATCH FUNDED FRINGE: Investigator 4: [($91,077 x 6.2%)+ ($91,077 + 1.45%)+($91,077 x 16.29%)] + [($110.50+$17,388.50 +$120.00+$51.74 +$0+$1,920.00+$453.12)]=$41,848 Investigator 5: [($91,077 x 6.2%)+ ($91,077+ 1.45%)+($91,077 x 16.29%)] + [($110.50+ $19,314.06+$120.00+$51.74 +$0+$1,920.00+$453.12)]=$43,773 Investigator 6: [($91,077 x 6.2%)+ ($91,077 + 1.45%)+ ($91,077 x 16.29%)] + [($110.50+$0+$120.00+$51.74 +$0+$1,920.00 +$453.12)]=$24,340 Investigator 7: [($91,077 x 6.2%)+ ($91,077+ 1.45%)+($91,077 x 16.29%)] + [($43.16 +$0+$120.00+$49.66+$0+$1,920.00+$453.12)]=$23,357 Operational Officer: [($91,077 x 6.2%)+ ($91,077+ 1.45%)+($91,077 x 16.29%)] + [($38.48+$25,133.12 +$120.00+$47.32+$0+$1,920.00+ $453.12)]=$48,483 TOTAL FRINGE MVCPA FUNDED=$246,108 TOTAL FRINGE MATCH FUNDED=$181,810 GRAND TOTAL FRINGE EXPENDED: $427,918 NOTES: The Fringe calculated for all employees is reflective of the salaries projected in the personnel budget. Note,the sworn fringe is calculated without the$2,000 payment to all sworn officers'salaries for accuracy. Just as well, the additional pays are reflective of current allowances under the POA contract established. *The funds will be used by the LEDs, Crime Analyst, Program Manager, and Investigative Intake Specialist listed as MVCPA and as In-Kind/Cash Match. LEO operations are frequently fluid and require outside taskforce resources. If needed, those resources will be brought in to support the reduction in vehicle crime operations and the hours worked will be funded with overtime.***More information is available in the attached resource labeled FY25 Proposed Budget. C. Overtime Work to be performed with overtime hours are proactive operations, reactive assessments and public awareness. Most covert operations occur in the evening, along with large case breaks requiring detectives to work outside normal business hours. Most public awareness events occur in the evening and on weekend hours.The Corpus Christi Auto Theft Task Force is asking for 5%of salaries which equates to$24,595 MVCPA funded and will be combined with$22,338 In-Kind funded for a total of$46,993. This amount will cover overtime hours for public presentations,field operations and call out investigations. Call out investigations, large case breaks and proactive operations are difficult to foresee and cannot predict flexible or variable schedules. Overtime requests and approval will be adhered by the Corpus Christi Police Department Policy and Procedure for Overtime Compensation Request Policy#950. NOTES: *The overtime is calculated based on the salaries of positions predetermined by the city of Corpus Christi Human Resources Department.**The funds will be used by the LEOs, Crime Analyst, and Investigative Intake Specialist listed as MVCPA and In-Kind Match. LEO operations are frequently fluid and require outside taskforce resources. If needed,those resources will be brought in to support the reduction in vehicle crime operations, and the hours worked will be funded with overtime.***More information is available in the attached resource labeled FY25 Proposed Budget. D. Professional and Contract Services In collaboration with the NICB, a Special Agent will be placed under the Auto Theft Task Force.The agent will assist in the recovery and tracking of stolen vehicles throughout the state of Texas and in the US with the use and knowledge of ISO, Carfax, and OCRA. The agent will assist with 68A's and the research associated with the vehicles checked. The agent will be a liaison with other agencies within Texas,the U.S. and other NICB agents to help gather information on current trends and help disseminate information about those trends.The agent assists with providing instructors, training materials and presentations for the yearly TCOLE certified,Auto Theft Training class.The agent assists CCPD ATTF on a weekly basis with a total of 39%of his time spent on grant investigations. NOTES: *More information is available in the attached resource labeled FY25 Proposed Budget. E. Travel TRAVEL EXPENSES FORMULA= HOTEL PER DIEM + HOTEL LODGING FEES (HOTEL PER DIEM* 17%)+ PARKING + MEAL PER DIEM +AIRFARE + FUEL/MILEAGE + CAR RENTAL: MVCPA Board Meeting Total: $4,479*Attendance of meetings provides the necessary training and knowledge needed to carry out grant and fiscal administration and, in some instances, present information to the MVCPA board as directed. Participants include the Police Lieutenant, the Program Manager and, if needed/requested, the Finance Representative. MVCPA BOARD MEETINGS (3)-AUSTIN,TX(X2 PARTICIPANTS): Meeting 1: 2*[($161 *2 Nights)+ ($161 *2 Nights* 17%)+ ($45*2 Days)+ ($64*2 Days)+$0 + (436 Total Miles*$0.655 Per Mile*2 Vehicles)+$01 =$1493 Meeting 2: 2*[($161 *2 Nights)+($161 *2 Nights* 17%)+ ($45*2 Days)+ ($64*2 Days)+$0+ (436 Total Miles*$0.655 Per Mile *2 Vehicles)+$01 =$1,493 Meeting 3: 2* [($161 *2 Nights)+($161 *2 Nights* 17%)+ ($45*2 Days)+ ($64*2 Days)+$0+ (436 Total Miles*$0.655 Per Mile*2 Vehicles) +$0] _$1,493 TEXAS CRIME PREVENTION AUTHORITY CONFERENCE: $3,883 Attendance provides certified crime prevention specialist training that enhances Corpus Christi's public awareness efforts in proactive policing. Participants include the Program Manager, Operational Officer, and Investigative Intake Specialist.Attendees will receive a certification in crime prevention specialty.2*[($157.5*6 Nights)+ ($157.5*6 Nights* 17%)+ ($45*6 Days)+ ($69*6 Days)+ $270+(400 Total Miles*$0.655 Per Mile*2 Vehicles)+$0] =$3,833 MVCPA CONFERENCE TBD: $6,145 Attendance of this conference provides invaluable training to the auto theft taskforce not only to enhance the combat of motor vehicle crime, but to understand and better administer the program that supports it. Participants include the Police Lieutenant, Program Manager, Finance Manager, and 2 investigators.Attendees will receive TCOLE credit.Attendance Cost: 5* [($122*5 Nights)+ ($122*5 Nights* 17%)+ $0+ ($69*6 Days)+$0+ (500*.655 per mile*2 vehicles)+$0=$6,145 TEXAS ASSOCIATION OF VEHICLE THEFT INVESTIGATORS CONFERENCE LUBBOCK: $7,820 Attendance at this conference provides invaluable LEO training to the auto theft taskforce, enhancing an investigator's ability to combat motor vehicle crime. Furthermore, it provides administrative training on grant and taskforce management,fostering better program management and increasing LEO networking across the state of Texas. Participants include the Police Lieutenant, Program Manager, and three investigators.Attendees will receive TCOLE credit. Attendance Cost: 5*[($107*5 Nights)+ ($107*5 Nights* 17%)+ (45*Days)+ ($59*Days)+350*5 Roundtrip air fair)+200 millage+ $700 car rental] =$7,820 INTERNATIONAL ASSOCIATION OF AUTO THEFT INVESTIGATORS CONFERENCE: $16,260 Budget Narrative *Attendance of this conference provides invaluable LEO training to the auto theft taskforce that enhances an investigator's ability to combat motor vehicle crime. Furthermore, it provides administrative training on public awareness and taskforce management that fosters better program management and increases LEO networking worldwide. Because the training incorporates global vehicle crime trends,the training cannot be completed in the state of Texas. Participants include the Program Manager and 4 investigators. Attendance Cost: 5*[($203*6 Nights)+ ($203*6 Nights* 17%)+$0+ ($119*7 Days) +$0 ($5000 Air fair roundtrip)+ (200 mileage)+$1345 car renatal] _$16,260.**Per Diem rates are predetermined by the U.S. IRS and used in compliance with state and local guidelines.***The budgeted items will be used for all personnel assigned to the taskforce. ****More information is available in the attached resource labeled FY25 Proposed Budget. F. Equipment We need to upgrade one of our Taskforce detectives vehicles due to city policy on mileage.We request permission to purchase at least a half-ton pickup truck or, more possibly, a Chevy Tahoe, quoted at approximately$40,000 with up fittings needed of approximately$15,000.The fittings include parts, service, and labor for installation.The vehicle is vital to keeping the taskforce at full operational capacity.An investigator without a vehicle would undoubtedly hinder his/her ability to complete fieldwork, ultimately slowing unit efficiency and daunting maximum program output.The success of meeting grant targets is reliant on maximum unit efficiency. COMPUTER EQUIPMENT($3,700):We are requesting, due to being outdated, 2 new high-efficiency computers are needed for the personnel to complete their daily workload. The new computers would be at least a Dell Optiplex or more, quoted for$1,850 per system for a total of$3,700.The price includes the computer($1,350 each), memory($200 each), sound bar($50 each), and 2 monitors per system ($150 each X 4 Total).The computers are vital to workplace functions and keeping the taskforce at full operational capacity.The success of meeting grant targets and completing all basic auto related policework is heavily reliant on the most up-to- date and efficient computer technology. NOTES: *The budgeted items will be used for all personnel assigned to the taskforce.**More information is available in the attached resource labeled FY25 Proposed Budget. G.Supplies and Direct Operating Expenses(DOE) OFFICE SUPPLIES ($5,000): Office supplies utilized throughout the year that will consist of, but is not limited to ink and toners for all ATTF printers, printer part replacements,fax machine toner, pens, pencils, markers, binders, small desk equipment, paper,folders, staples, paperclips, padfolios, dividers, sheet protectors, labels, etc.TELEPHONE/COMMUNICATIONS ($6,000):To cover all cell phone and aircard charges needed to utilize phones, laptops, IPads, and maintenance for pole cameras. 9 cell phones and 9 IPads at a monthly cost of approximately$500* 12 months=$6,000. PUBLIC AWARENESS: ($20,000) Public awareness funds cover additional promotional items needed throughout the year, including but not limited to pamphlets, media buys, booth fees, and public awareness shirts.Additionally, the taskforce funds a widely popular"if You Like It, Lock It"annual bus wrap and bus bench advertisement initiative throughout the Corpus Christi and surrounding areas.The campaign includes signage in the parking lots of Whataburger Field, a minor league baseball affiliate of the Houston Astros, and signage for our tourist driven downtown district.The funds also cover additional miscellaneous costs for digital public awareness initiatives such as filming equipment for Facebook live and media PSAs. POSTAGE: ($300): Postage needed for report mailings,flyer distribution, and pamphlet mailings. FUEL: ($17,000): Projected fuel costs and increases for the year between all ATTF vehicles, including the additional vehicle proposed in this budget. If approved, the total ATTF Fleet will be 9 vehicles and 1 Twelve Foot Enclosed Trailer. RENTAL SPACE ($18,711)- IN-KIND MATCH OF OFFICE SPACE: Commercial Rental Units Unit Cost Quantity Estimate: Suite Lease SF$8.00 1340$10,720.00 Insurance Yr$250.00 1 $250.00 Parking Lease-10 spots Mo$645.10 12$7,741.20 Operating Fee SF$8.74 1340$11,711.60 Internet initial setup LS $1,000.00 1 $1,000.00 Internet service Mo$250.00 12$3,000.00 Phone service Mo$250.00 12$3,000.00 Per Year$37,422.80 x 50% (In-Kind)_$18,711 (TOTAL)*NOTE:The building is city owned property.This calculation is based on monetary value needed to house the ATTF outside of the main police station. COPIER SUPPLIES: ($3,289): This cost is reflective of an In-Kind match of copier supplies utilized by ATTF throughout the year. CONFIDENTIAL FUNDS: ($200): Funds to be utilized for confidential informant information used for motor vehicle crime cases.TOOLS&EQUIPMENT($5,000):Tools to be purchased for use by the investigators during field operations, investigations and assessments,to include(but not limited to)the following: letter/number stamp sets used in VIN inspections, mirrored sticks to inspect under vehicle, specialized flashlights, night vision scope, rat trap spikes, magnifying self- held/clasped glass,VIN etching equipment, wired brushes, paint stripper, industrial hand cleaner, rags,tool boxes(small and free standing)to hold general tools(hammers, screwdrivers, pliers, bolt cutters, etc.), ladders(step/extended),vehicle unlock kits, generators, tire inflators, dollies (lightweight/heavy duty),wireless LCD camera to check vehicle tanks for VIN, and jack stands. VEHICLE MAINTENANCE ($15,000): The City of Corpus Christi provides an estimated budget of$1,667 per vehicle to cover maintenance costs for every vehicle in its fleet. There are 9 vehicles assigned to the ATTF. Memberships, Licenses, &Dues($4,500) TAVTI: $150 x 6=$900 IAATI: $525 x 5=$2,625 TCPA: $200 x 2 =$400, IACA: $575 x 1=$575 GRAND TOTAL: $4,500 COVERT TRACKER($1,000): 2 maintenance mapping agreements for 12 months.ALPR OPERATIONAL FEES($17,000):With the massive success of the Rapid Response Strikeforce funded Vigilant Automated License Plate Reader(ALPR)systems in FY24, The Corpus Christi ATTF is requesting to continue the use of the system for future grant goals and operations. The In-Kind matched Operational Officer will drive the unit with the L5M ALPR system and all L6Q cameras will continue to be utilized in covert operations. The cost for ALPR Licensing Fees is$2,000 annually and the access to the ALPR commercial data is$15,000 annually for a total of$17,000. NOTES:All amounts were determined based on a two-year spend analysis and an adjustment for inflation.The budgeted items will be used for all personnel assigned to the taskforce.**More information is available in the attached resource labeled FY25 Proposed Budget. Revenue Indicate Source of Cash and In-Kind Matches for the proposed program. Click on links to go to match detail pages for entry of data. Cash Match Source of Cash Match Travel Grantee $38,537 Equipment Grantee $58,700 Total Cash Match $184,005 Source of Cash Match Supplies and DOE Grantee $86,768 Total Cash Match $184,005 In-Kind Match Source of In-Kind Match Personnel Grantee $484,977.00 Fringe Grantee $181,810.00 Overtime Grantee $22,338.00 Professional and Contract Services NICB $39,638.00 Supp;ies and DOE Grantee $22,000.00 Total In-Kind Match $750,763.00 Statistics to Support Grant Problem Statement Reported Cases 2022 2023 Fraud-Related I Fraud-Related Motor Vehicle Burglary from Motor Vehicle Motor Vehicle Burglary from Motor Vehicle Theft Motor Vehicle Crime Theft Motor Vehicle Crime Jurisdiction (MVT) (BMV) (FRMVC) (MVT) (BMV) (FRMVC) Corpus Christi Police 869 2,153 3 �978 2,659 4 Department Add/Edit Statistics Application Narrative Grant Introduction (Executive Summary)and General Information 1.1 Briefly describe the organization and program operation. Provide a high level summary to the application and how it will affect the local community. (500 words or less) The City of Corpus Christi, Texas is a border-port city located on the Gulf of Mexico 140 miles east of Laredo and 160 miles north of Brownsville, Texas. Its Metropolitan Statistical Area(including Nueces County) has an estimated population of 317,773(2023)and covers a geographic location of 839 square miles.The City of Corpus Christi has over 3,000 employees with an estimated annual budget of$1.4 billion (2023). The Police Department(CCPD)only operates under$97 million of that available funding. CCPD has 491 sworn officers, 210 civilian personnel, and a high demand for more officers still to come.The Police Department currently sustains 12 grants to help supplement its costs brought by the insufficient general funding it receives.The continuation of the MVCPA program would greatly assist with the department's funding deficiencies and alleviate some of the financial burdens on local taxpayers.The MVCPA Program makes it possible for the community to have an Auto Theft Task Force (ATTF)comprised of law enforcement professionals who can extend searches throughout Nueces County and work continuously throughout the year with NICB, Customs, DPS, MVCPA Task Forces,TxDot and other surrounding law enforcement agencies.The ATTF uses both proactive and reactive policing tactics to combat motor vehicle crime such as bait and field operations. In conjunction with crime analyst information, officers also use technology made available by MVCPA funding such as bait software,Automated License Plate Readers(ALPRs), live video streaming and VIN readers to conduct investigations.The Corpus Christi ATTF reports UCR and NIBRS numbers generated within the city and for these investigations along with any cases generated in response to out of city limits. The Public Awareness campaign associated with the program makes contact with all demographics present in Corpus Christi. It reaches people of different socio- economic statuses, cultures, backgrounds, ages, physical abilities, education and geographical backgrounds with a strong community following.The MVCPA program positively impacts hundreds of thousands of residents of South Texas each year, making it an invaluable asset to the population it serves. 1.2 Describe the taskforce governing, organization and command structures. Include a description of the nature of support and agreements that will be in place if the grant is awarded. Provide any details unique to the taskforce organization or geographical target area. Describe whether any part of this grant will be directed to serve a specific target population (or subset of the community)? The Corpus Christi Auto Theft Task Force is a component of the Criminal Investigations Division of the Corpus Christi Police Department under the governing body of the City of Corpus Christi.The Taskforce is presided under CCPD's law enforcement officer policy which is directed under federal, state, and local guidelines. The Taskforce command structure includes all personnel reporting to the Taskforce Commander,which is the Police Lieutenant.The Taskforce Commander then reports to the Program Director,which is the Deputy Chief of Police of the Criminal Investigations Division. In turn,the Program Director reports to the Authorized Official, who is the Chief of Police and has been given executive authority on all program related matters(act of City Council). On the financial side of the command structure,the designated Financial Officer is the Director of the Finance Department for the City of Corpus Christi.The Financial Officer works in conjunction with the Authorized Official.All financial paperwork is processed by the Financial Officer's designated departmental team.All aspects of payroll and other expenditures are prepared at the Police Department and forwarded to the Finance Office for review and publication. If the grant is awarded, the City of Corpus Christi will appropriate its designated cash match values from its general fund and allocate all In-Kind resources to the program. In-kind resources will include investigators, a direct patrol officer, overtime, and some direct operating expenses.The National Insurance Crime Bureau will also provide a special agent to the Taskforce as an In-Kind service agreement.The employees hired under the grant are employees of the City of Corpus Christi Police Department.The hiring follows established policies and practices of the city which has an equal employment opportunity policy.The officers hired are deputized under the collective bargaining agreement between the City of Corpus Christi and the Corpus Christi Police Officers Association. Unique details to consider with the City of Corpus Christi is that it is recognized by the State of Texas as a border-port city located on the Gulf of Mexico. Due to this prime location,the metropolitan area serves as a major source for motor vehicle crime and the trafficking of stolen vehicles and parts into Mexico. Furthermore,the ATTF investigators are deputized to allow officers to conduct investigations throughout Nueces County through an informally accepted agreement with Nueces County Sheriff's Department, Precinct Constables, the Port of Corpus Christi Police Department and other surrounding agencies when assistance is requested and permitted.All cases are filed under the Nueces County District Attorney's Office.The program described in the application will cover the aforementioned communities at large. Grant Problem Statement 2.1 Provide an assessment of the burglary from a motor vehicle(including theft of parts)problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. In 2023, the City of Corpus Christi continued to face significant challenges related to motor vehicle theft, including both burglary from motor vehicles(BMVs)and unlawful use of motor vehicles(UUMVs).The data from this year, compared to 2022, reveals crucial insights and emphasizes the ongoing need for increased public awareness and the ATTF.The total incidents of BMVs reported in 2023 stood at 2,659, of which a substantial number, 1,424,were victim-assisted.This indicates that over half of these thefts could potentially have been prevented through better security practices by vehicle owners. Similarly, of the 978 UUMVs reported,468 were victim-assisted, emphasizing the same issue. Remarkably, law enforcement efforts led to the recovery of 744 of these stolen vehicles, pointing to effective response strategies but also highlighting the high prevalence of vehicle theft in the area.Additionally, specific types of property crimes related to vehicle theft, such as the theft of catalytic converters, rims,tires, and license plates, remained alarmingly high. Out of 534 reported property crimes associated with vehicles, 510 involved these specific items, making up approximately 95.5%of such crimes.This specificity in thefts indicates a targeted approach by criminals, driven by the high resale value of these parts.When comparing the data with 2022,where there were 2,351 BMVs and 869 UUMVs,there's a noticeable increase in such incidents in 2023. Notably, in 2022,there were 1,448 victim-assisted BMVs and 522 victim-assisted UUMVs.The percentages of BMVs occurring in residential areas were 28.6% in 2022, increasing slightly to 31.9% in 2023. In contrast, thefts in other types of residences were slightly higher in 2022(31%)compared to 30.8% in 2023. This fluctuation underscores the shifting patterns of these crimes across different residential contextsareas.The continued high rate of victim-assisted thefts both years strongly highlights the critical need for public awareness initiatives. The"If You Like It, Lock It"campaign, aimed at encouraging citizens to take proactive security measures, remains highly relevant. Reinforcing this message through various media, community events, and through partnerships with local organizations is crucial. Such efforts educate the public about the risks and simple preventative measures that can significantly reduce the incidence of theft. Fraud-related vehicle crimes also pose a concern, albeit on a smaller scale,with four cases reported in 2023 and three in 2022. These incidents,though fewer, add an additional layer of complexity to the vehicle theft problem, involving deceptive practices that can be challenging to track and mitigate. The motor vehicle theft problem in Corpus Christi, marked by many thefts and high recovery rates, calls for a multi-faceted approach in addressing it. Law enforcement has been effective in recovering a good portion of stolen vehicles.Yet, the persistently high rates of victim-assisted incidents point to a large potential for reduction through increased public awareness and enhanced security measures.As Corpus Christi moves forward, bolstering the"If You Like It, Lock It"campaign and focusing on community engagement and education will be essential in turning the tide against this pervasive issue.With focused efforts,the city can aim to reduce these thefts substantially, enhancing the overall safety and security of the community.The necessity for continued funding through the Motor Vehicle Crime Prevention Authority(MVCPA)grant is evident.The grant not only supports vital public awareness campaigns but also equips law enforcement with the resources needed to enhance surveillance, recovery operations, and cross-agency collaborations essential for tackling this complex issue effectively.The MVCPA grant is crucial for sustaining and expanding these efforts, ensuring that Corpus Christi can effectively combat the evolving challenges of motor vehicle theft and associated crimes. 2.2 Provide an assessment of the motor vehicle theft problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. Due to the prime location of being a border-port city of the United States,the City of Corpus Christi continues to experience a high rate of motor vehicle theft(UUMV)that endangers the residents of the coastal bend. Reported UUMVs for the year 2022,were 869 and 978 for the year 2023, averaging 924 stolen vehicles per year in recent years. The most commonly targeted vehicles continue to be Ford F-series, Chevrolet GMC, Dodge Ram trucks, and now KIA and Hyundais. Unbeknownst to many, these stolen vehicles are often used in connection to other violent crimes,further endangering the citizens of Corpus Christi. For example, In 2022, 60 cases of crimes against persons(felonies), 65 cases of crimes against property(felonies), and 85 cases of all other violent crimes(felonies) occurred in connection to a stolen vehicle. 51 of those cases resulted in arrests where use or distribution of illegal drugs occurred, totaling over 1,854 ounces of unlawful substances seized.ln 2023, 58 cases of crimes against persons(felonies), 64 cases of crimes against property(felonies), and 85 cases of all other violent crimes(felonies)occurred in connection to a stolen vehicle.57 of those cases resulted in arrests where the use or distribution of illegal drugs occurred.The theft of vehicles in Corpus Christi goes beyond just the loss of a vehicle to a victim.The high connection of stolen vehicles to other violent crimes is discerning, exemplifying a continued need for funding to combat motor vehicle crimes.The number of auto thefts overall continues to become more adequately managed by the Corpus Christi Police Department since the outset of the MVCPA(formerly ABTPA)program in 2001. However, of all of the UUMVs reported in 2022, 60%were"victim assisted,"wherein the victim either leaves the vehicle unlocked, leaves the keys in the vehicle (intentionally or not), or the offender has otherwise gained access to the keys. In 2023, it went down to 53%, a slight decrease attributed to our"If You Like It, Lock It campaign."As Corpus Christi moves forward, bolstering the"If You Like It, Lock It" campaign and focusing on community engagement and education will be essential in turning the tide against this pervasive issue. With focused efforts, the city can aim to reduce these thefts substantially, enhancing the overall safety and security of the community. 2.3 Provide an assessment of the fraud-related motor vehicle crime problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. Due to the prime location and large population the Corpus Christi ATTF serves, this metropolitan area is highly susceptible to fraud- related motor vehicle crime. Corpus Christi has many auto-related businesses and 9 registered salvage yards which are the most commonly linked sources to fraud-related motor vehicle crimes in the area. In coordination with the NICB and Texas DMV, the Corpus Christi Auto Theft Task Force has filed 3 reported cases of fraud-related motor vehicle crime in 2022 and 4 in 2023. The Taskforce regularly assists the TxDMV in investigations of title and registration fraud. Furthermore,the ATTF has intercepted numerous vehicles with altered VINs in recent years due to the large volume of 68A inspections conducted. Because fraud-related motor vehicle crime is often connected to a string of other crimes, such as property and financial crimes, many of those cases are investigated with CCPD's property crimes unit and financial crimes unit and don't appear in the annual ATTF report.When fraud-related motor vehicle crime occurs, and it is assigned to another unit, the ATTF provides maximum assistance in the investigation where it can. Similarly,the Taskforce is often an invaluable asset in providing multijurisdictional and interagency assistance, especially concerning felony-related crimes.The number of fraud-related motor vehicle crimes overall continues to become more adequately managed by the Corpus Christi Police Department since the outset of the MVCPA(formerly ABTPA)program in 2001.As instances of motor vehicle fraud increase,ATTF's coordination across departments also rises when a case is transferred to another unit. Fraud-related motor vehicle crimes continue challenging the Auto Theft Task Force because of its connection to other crimes.As investigators work to adapt to the ever-evolving criminal activity while managing the already overbearing caseloads, a continued need for funding to combat motor vehicle crimes is evident. 2.4 Provide an assessment of motor vehicle crime not covered above like insurance fraud, preventing stolen vehicles from entering Mexico, bridge/port stolen vehicle export crime, disruption of cartels and organized criminal enterprises related to motor vehicle crime, etc... Due to the prime geographical location of Corpus Christi,this metropolitan area serves as a major source for the trafficking of stolen vehicles and parts into other countries. Expectedly, this illegal trafficking often results in insurance fraud and many other international criminal cases that the ATTF assists in investigating. Because insurance fraud is often connected to a financial crime,the cases are often assigned to CCPD's financial crimes unit. Resultantly, an accurate insurance fraud depiction cannot be determined.The ATTF provides maximum assistance in the investigation where it can when the financial crimes unit requests it, and always responds to the insurance fraud leads submitted by its NICB agent.With the border of Mexico only 3 hours away, the Corpus Christi ATTF regularly intercepts criminal enterprises attempting to export stolen vehicles or parts. In 2022 and 2023, the Taskforce disrupted an international crime rings suspected of exporting stolen vehicles and parts; multiple vehicles and chopped pieces were recovered. Furthermore, it continues to monitor leads on the organization.The ATTF trains regularly and often collaborates with the NICB and Port of Corpus Christi PD when it comes to border-port security. Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and 2)Goals Strategies and Activities(GSA). In the following boxes, describe the functions of the proposed program and then complete a fillable form called GSA. MVCPA programs must completely describe the actions, methods and tactics that law enforcement and civilian staff will perform for each of the categories below. Describe the reliance on technology or other program elements to solve the problem statement above and goals below. Functions must be detailed and consistent with the requested budget. If a grant is awarded,funds expended towards activities not described in this section will result in the reimbursement being denied. Part 1 3.1 Functions of the proposed program related to burglary from a motor vehicle(including theft of parts) With the help of this program,the Corpus Christi Auto Theft Task Force will conduct field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information that will lead to the apprehension of suspects. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns. These reports will be used in suspect linking and will provide an insight to beat officers of BMVs committed in their respective areas.The addition of 3 pole cameras used for 24/7 surveillance has proven successful in the detection and apprehension of offenders as well as organized crime groups.The public awareness campaign will continue to promote preventative safety measures at apartment complexes,fitness facilities, shopping centers, neighborhoods and many other locations within the city. Promotion of preventative techniques is critical to the continuous decrease in auto crime numbers as shown by the decreasing rate of"victim assisted" BMV cases when the campaign is implemented.The program is aimed accurately at curbing auto crimes and educating citizens.With proper funding and through the strategy to conduct collaborative efforts that result in the reduction of incidents of theft from a motor vehicle,the city of Corpus Christi aims to accommodate the following program objectives: BUSINESS INSPECTIONS: The Taskforce will accomplish this objective by strategically selecting automotive businesses suspected of associated BMV activity(including stolen catalytic converters)and conducting an inspection.Additionally, if gathered intelligence warrants multiple inspections of a single business, or a more frequent business presence,the taskforce will ensure those needs are met. BMV AGENCY ASSISTS:This measure will be met by utilizing the strong communication between divisions and taskforces within CCPD.The ATTF will utilize information learned and shared at the bimonthly CompStat meetings which often generates agency assists.With the addition of an Investigative Intake Specialist, the Taskforce will be able to more narrowly focus on assisting other agencies in expediting information associated with a BMV.The Virtual Command Center will also be utilized for state-wide communication. BMV MULTIJURISDICTIONAL COLLABORATIONS:This objective will be carried out by maintaining the already well-established good communication within the law enforcement community.Additionally,ATTF's crime analyst will field and distribute information shared to and from other agencies utilizing the Virtual Command Center.When prompted,the Taskforce will utilize the Investigative Intake Specialist to expedite information associated with a multijurisdictional BMV case and dispatch officers appropriately. 3.2 Functions of the proposed program related to motor vehicle theft. The funding by the MVCPA will enable the Corpus Christi Auto Theft Task Force to put in motion proactive operations to combat the theft of motor vehicles within the city. By conducting business inspections,the selling of vehicles without proper licenses and titles can be focused upon where many cases have result in altered vehicle identification numbers. Crime analyst data will be used to maintain intelligence files and generate reports of repetitive patterns.These reports will be used in suspect linking and will provide an insight to beat officers of motor vehicle theft(UUMV)being committed in their respective areas. In 2022-2023, over 50%of UUMVs were a result of victim assistance. This demonstrates that public awareness plays a significant role in deterring auto thefts too, and, as a result, are regularly planned throughout the year. Similar to BMV public awareness efforts,the ATTF will press into the Corpus Christi community to spread the message of the"If You Like It, Lock It"campaign.With the proper funding and through the strategies of conducting activities that result in the arrest, clearance, and recovery of motor vehicle theft and conducting collaborative efforts that result in the reduction of incidents of motor vehicle theft, Corpus Christi aims to accommodate the following objectives: LPR RESPONSE:The taskforce will accomplish this objective by utilizing its MVCPA purchased License Plate Readers placed around the city.When a hit is detected, the auto theft taskforce will respond in a timely manner and attempt to recover the stolen vehicle and apprehend any corresponding suspects.The LPRs around the city will be regularly monitored by CCPD's investigators and Operational Officer assigned to the Taskforce.Additional LPR hits will be provided by the Taskforce's assigned NICB agent. COVERT OPERATIONS The taskforce will accomplish this objective by utilizing intelligence gathered and targeting motor vehicle theft offenders and associated "hotspots."The ATTF will carry out this measure through the use of field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information. MVT DEPARTMENTAL AND AGENCY ASSISTS:This measure will be met by utilizing the strong communication between divisions and taskforces within CCPD.The ATTF will utilize information learned and shared at the bimonthly CompStat meetings which often generates agency assists.With the addition of an Investigative Intake Specialist,the task force will be able to focus more narrowly on assisting other agencies in expediting information associated with an MVT.The Virtual Command Center will also be utilized for state-wide communication. MVT MULTIJURISDICTIONAL COLLABORATIONS: This objective will be achieved by maintaining well-established good communication within the law enforcement community.Additionally,ATTF's crime analyst will field and distribute information shared to and from other agencies utilizing the Virtual Command Center.When prompted, the Taskforce will utilize the Investigative Intake Specialist to expedite information associated with a multijurisdictional BMV case and dispatch officers appropriately. INTELLIGENCE INFORMATION SHARING: The taskforce will carry out these objectives by attending multiple monthly CompStat meetings which identify as intelligence information sharing sessions. During these meetings representatives of each of the PD's patrol districts and other taskforces within CCPD attend, including the auto theft task force.The crime analyst prepares auto crime information slides and presents them to the attendees, and distributes the information accordingly. Furthermore, the crime analyst will meet this objective by distributing crime analysis bulletins such as BOLOs, hot sheets, CompStat slides, information shared to and from other agencies, parole violations,warrants, and more. 3.3 Functions of the proposed program related to fraud-related motor vehicle crime(such as title and registration fraud) Through the strategy of preventing and reducing the incidence of fraud-related motor vehicle activities, Corpus Christi ATTF will aim to accomplish the following objectives: COLLABORATION ON INSURANCE FRAUD: Though these cases are rarer in Corpus Christi, the Auto Theft Task Force will carry out this objective by utilizing the agreement between NICB and the Corpus Christi Police Department;the NICB delegated special agent will coordinate with Corpus Christi ATTF by providing tips, evidence, and any other relevant information needed to successfully investigate insurance fraud cases. Collectively, the special agent and investigator will work together to file legitimate charges. 68A INSPECTIONS: The ATTF certified investigators will carry out this measure by allowing citizens to have their vehicles and trailers inspected on the first and third Tuesday of each month.Additionally,the taskforce will field special appointment requests on a case-by-case basis for citizens who cannot make each month's first or third Tuesday. COORDINATION WITH TXDMV/TAX OFFICES:The Taskforce will accomplish this objective by regularly communicating and coordinating with the local TxDMV/Tax Offices.The local agencies and CCPD already have a good working relationship and have established a strong communication network, making these types of cases push through swiftly and efficiently, ultimately halting fraudulent title and registration attempts. 3.4 Functions of the proposed program related to preventing motor vehicle crime(motor vehicle theft, burglary from a motor vehicle and fraud-related motor vehicle crime) Public awareness plays a significant role in deterring auto crime. Public awareness events are planned throughout the year.These events range anywhere from promotional booths, health fairs, city functions, presentations, message board displays, media interviews and placements, Catalytic Converter and Trailer Stamping events, Report Card Initiatives, Facebook Live presentations and miscellaneous meetings with civic groups. The campaign will also coordinate with existing community programs to discuss area problems and possible solutions. Press releases, news conferences, public service announcements and interviews will be scheduled throughout the year as needed. Educating our patrol division is a necessity as they are the first responders on the streets. Classes are planned to educate patrol on auto theft intelligence and investigative techniques.A statewide class is also planned to bring in other taskforces to network for intelligence sharing and identify trends within their respective areas. Class topics are chosen that are most relevant to the need at the time of the class. Topics range from business inspections, trailer inspections,VIN identifications, heavy equipment, motorcycles, all-terrain vehicles,watercraft and also catalytic converter thefts.Through the goal and strategy of educating/training citizens and qualified personnel in detection and prevention of motor vehicle theft, burglary of motor vehicles and theft of vehicle parts and accessories, Corpus Christi aims to accommodate the following public awareness objectives: EDUCATIONAL OUTREACH EVENTS: This objective will be reached by scheduling and attending outreach events each month. Over the years, Corpus Christi has established a strong community network with local businesses and organizations who often request the taskforce's presence at each of their events. In addition, the ATTF will constantly be distributing brochures and other forms of information throughout the year.The freshly maintained, picturesque Auto Theft Task Force MVCPA wrapped vehicle is a city and crowd favorite wherever it is stationed. EDUCATIONAL PRESENTATIONS TO THE PUBLIC:This objective will be reached by conducting citizen presentations each month derived from statistics and data collected by the ATTF crime analyst and other personnel throughout the year.The presentations will be delivered to a variety of audiences selected and requested on a monthly need. The program manager will be the primary source of presentation delivery. ETCHING INITIATIVES:This measure will be performed by certified ATTF personnel upon citizen request. Services such as trailer stampings and catalytic converter engravings are often complimented by work performed on 68A inspections hosted by the taskforce. PURCHASE OF LOCAL ADVERTISEMENTS: This measure will be performed by continuing a great partnership established between the ATTF and the Regional Transport Authority in Corpus Christi.The taskforce will purchase bus wraps and bus benches package that will display a select MVCPA public awareness message on several moving buses and stationary bus stops.The advertisement is targeted to display from the months of November through October of the following year. REPORT CARD INITIATIVES: This objective will be accomplished by providing grading events on UUMV and BMV preventative measures performed by citizens(i.e. how many locked their cars, hid their belongings, took their keys, etc.)at a randomly selected business or gathering point.The taskforce aims to conduct some of these report card initiatives at citizen presentation events to really drive home the importance of the information shared at the presentation that day. POSTING TO SOCIAL MEDIA OUTLETS:This measure will be performed by utilizing the strong following of the CCPD social media outlets approximated at 77,000 followers.The Auto Theft Task Force will aim to post on a regular basis in order to meet this goal. The Program Manager will bring valuable insight into this measure from his/her participation in the social media committee of the International Association of Auto Theft Investigators.OUTDOOR PUBLIC SIGNAGE NOTIFICATION:This objective will be met by continuing another great long-standing partnership with the Corpus Christi Hooks, a minor league affiliate of the Houston Astros.The ATTF will purchase billboard signage outside of Whataburger stadium displaying MVCPA's message and logo, "If You Like It--Lock It." MEDIA OUTREACH:A growing objective in Corpus Christi,the taskforce aims to provide regular PSAs and media engagement by capturing important messages and highlighting the profound work performed by the ATTF.This will be supplemented by occasional Facebook Live events with topics that will be determined at the time of its premiere. LAW ENFORCEMENT TRAINING EVENTS:To meet these objectives, the ATTF will utilize its TCOLE certified instructors to deliver an 8-credit hour, day long course to interested law enforcement officers around the state of Texas. Furthermore, these objectives will be reached by the taskforce's investigators participating in information sharing initiatives with other law enforcement agencies on a regular basis. Primarily,ATTF's Lieutenant and senior investigators deliver these presentations to relevant LEOs that would receive the most benefit. 3.5 Functions of the proposed program for other motor vehicle crimes investigations and activities consistent with the statutory requirements(preventing stolen vehicles from entering Mexico, stopping illegal export of stolen vehicle from bridge/outbound port operations, disruption of cartel or organized criminal enterprises using stolen motor vehicles or fraud related motor vehicle crime, insurance fraud, etc...) By utilizing CCPD's partnership with the NICB, investigators are better able to assist with insurance fraud investigations. In partnership, the NICB Special Agent will coordinate with the Corpus Christi ATTF by providing tips, evidence, and any other relevant information needed to successfully investigate insurance fraud cases. In conjunction,the Taskforce can then use information to share accordingly.The unrestricted flow of information between law enforcement and insurance companies is vital to the reduction of insurance fraud and the filing of false police reports. By leveraging partnerships and expanding resources, investigators can better prepare and collect evidence required for prosecution.The NICB provides specialized equipment needed for investigators to locate and identify vehicles acquired by fraud. Furthermore,the TXDMV and Port of Corpus Christi PD are other frequent resources and partners utilized by the Corpus Christi Auto Theft Task Force.Through a well-established communication link with local offices and the Port PD, the taskforce is able to regularly respond to incidents of attempted fraudulent titling and registration to and from other countries and attempts of illegal export.As previously mentioned,the prime geographical location of the port city of Corpus Christi serves as an opportune destination for stolen vehicle traffickers to smuggle vehicles into other countries such as Mexico.As the central defense of a port city's law enforcement network, the CCPD ATTF is regularly able to communicate with other key agencies, respond to, and deter stolen vehicles that are heading to or from the port-border.With this understanding, the Taskforce regularly interacts with congruent agencies and other MVCPA grant-funded agencies addressing organized criminal enterprises with roots leading to Mexico and other countries accessed through the Port of Corpus Christi. 3.6 Collaboration Effort-- Describe the taskforce method to collaborate, and not duplicate existing activities. Describe the cross boundaries regional approach to grant activity implementation. Describe how the applicant staff and jurisdiction will coordinate with other taskforces and law enforcement agencies to implement this program. The Corpus Christi Auto Theft Task Force is a collaborative agency that often works together with a variety of South Texas agencies when conducting vehicle crime investigations and grant activity.Agencies commonly collaborated with include TxDPS, Robstown PD, Nueces County Sherriffs Department, Portland PD, Sinton PD, Odem PD, Jim Wells County PD, San Patricio County PD, Orange Grove PD, Port Aransas PD,Aransas Pass PD, and Ingleside PD. One other MVCPA taskforce that Corpus Christi ATTF regularly collaborates with is Victoria ATTF. Due to the nature of stolen vehicles crossing many multijurisdictional boundaries,the unrestricted flow of information, resources, and law enforcement collaboration is critical to the successful execution of the ATTF's grant and regional law enforcement strategies. More often than not, LEO strategies mirror that of the ATTF's grant activity because public safety organizations all share a common goal of reducing crime.The Corpus Christi ATTF recognizes this and, as the largest grantee of Coastal South Texas, assumes the responsibility of being the central hub for collaborative law enforcement efforts.As such,when the Taskforce commander moves to implement the grant activity in the region, he/she regularly maintains communication with surrounding agency leaders for both proactive and reactive policing tactics.These efforts include an established email and cell phone chain where investigators are able to routinely communicate, share resources and leads, and coordinate multijurisdictional strategies often derived from grant measures. In these coordinated efforts, the Taskforce commander is able to ensure that each of these agencies have means to access each other's resources freely and quickly whenever necessary and also heads the major field efforts on multijurisdictional cases. For example, in 2022 The Corpus Christi ATTF was working a coordinated effort with CCPD's robbery/homicide unit where an offender committed capital murder and took off in the victim's vehicle.As the pursuit endured,the suspect crossed into Portland PD's jurisdiction. Because of ATTF's established resource network,the Taskforce commander was able to communicate with Portland PD's key law enforcement leaders quickly and waste no time in continuing the pursuit. The offender was thereafter apprehended by Portland PD with the assistance of the South Texas Violent Crimes Regional Taskforce. Without the established network and collaboration managed by the Taskforce commander, collaborative efforts such as this would become much scarcer and motor vehicle criminals would have the advantage. Utilizing the ATTF's crime analyst information and technology made available with MVCPA funding such as bait software,ALPRs, live video streaming and VIN readers, this described collaborative approach to grant activity implementation has been very successful over the years.Additionally, the Public Awareness Campaign makes contact with all demographics represented in the Coastal Bend. In order to reach the people of different socio-economic statuses, cultures, backgrounds, ages, physical abilities, education and geographical backgrounds,the Taskforce will collaborate with other MVCPA taskforces for effective measures that will maximize outreach. For example, due to a large majority of Spanish speaking citizens in Corpus Christi, providing public awareness in Spanish is deemed a necessity to reach that target population and one that will require collaborative efforts from Spanish speaking campaigns like that of Laredo.As the ATTF's program looks to expand, the Taskforce will focus more on proactive collaborations with established agency partners and adding additional agencies to the regional approach such as Beeville PD,Alice PD, George West PD, and Bishop PD.The addition of a Direct Patrol Officer and Investigative Intake Specialist coupled with the highly successful vigilant ALPR and FLOCK camera systems in recent years will allow for Corpus Christi's resources to extend further into South Texas.As criminals expand their enterprise networks, so too will the Corpus Christi ATTF expand their fight against motor vehicle crime. 3.7 If the proposed application requests any exceptions or deviation from any general grant rules, RFA conditions or grant administrative policy, please indicate in the section below. Indicate the section of the specific issue and citation that you are asking the MVCPA to consider and the rational for the request. Although the MVCPA recommends not including application amounts in the RFA resolution, it should be noted that Corpus Christi's application resolution will reflect amounts applied for.As has been discussed in previous grant years, it is the City of Corpus Christi's practice to include amounts for council to consider due to the volume of match that would be required if Corpus Christi were awarded the MVCPA grant. Proper documentation is provided, and if additional information is needed, please contact the administrative contact for the Auto Theft Task Force. Per the discussion with MVCPA,we will not be able to obtain the signed resolution until June 28th due to the Corpus Christi City Council Schedule. Part II Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program described in the application. Click on the link above to open a new table called Goals, Strategies, and Activity.Applicants will review the statutory and optional activities.The first section is the statutory measures. Grantees may not provide targets for this section but need to review the descriptions to ensure that they understand the statutory minimum requirements associated with this grant.Applicants will then review the other items and estimate targets for only the activities that the applicant has described and plans to complete under this application. ID Activity Measure Target Statutory Motor Vehicle Theft Measures Required for all Grantees. 1.1.15 Increase the recovery rate of stolen motor Report the number of vehicles recovered by taskforce vehicles 1.1.16 Increase the clearance rate of MVTs Report the number of MVT cases cleared 1.1.17 Increase the number of persons arrested Report the number of persons arrested for motor vehicle theft by taskforce for motor vehicle theft Statutory Burglary of a Motor Vehicle Measures Required for all Grantees 2.1.12 Increase the clearance rate of motor Report the number of BMV including parts cases cleared vehicle burglaries 2.1.13 Increase the number of persons arrested Report the number of persons arrested for burglary by taskforce for motor vehicle burglary Statutory Fraud-Related Motor Vehicle Crime Measures Required for all Grantees 8.1.1 Increase the clearance rate of fraud-related Report the number of fraud-related motor vehicle cases cleared motor vehicle crime cases. 8.1.2 Increase the number of persons arrested Report the number of persons arrested for fraud-related motor vehicle crimes for fraud-related motor vehicle crimes. Measures for Grantees.Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Motor Vehicle Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Motor Vehicle Theft 1.1.1 Identify groups of auto theft offenders Number of MVT groups identified. Include gangs, cartels or other criminal through intelligence gathering, crime enterprise with two or more members analysis and the use of informants 1.1.2 Identify and document/record prolific MVT Number identified/documented offenders 400 offenders[Prolific is defined as"linked to MVT offenses three or more times"] 1.1.5 Conduct inspections of local businesses Number of businesses inspected 4 related to vehicle enterprise (transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). (see 1.3.3 to report the number of vehicles inspected in these businesses) 1.1.6 Conduct bait vehicle operations that target Number of bait vehicle deployments. Include BMV bait operations here. MVT offenders 1.1.8 Deploy license plate readers(LPR) Number of times LPR deployed. Deploy: If stationary unit then total number of 250 days or partial days unit was operable and on. Mobile unit number of days the unit was on and operable. 1.1.9 Respond to taskforce license plate reader Number of times investigators responded to taskforce LPR alert notifications 170 (LPR)alert notifications regardless of whether vehicle was located ID Activity Measure Target 1.1.12 Conduct covert operations targeting MVT Number of covert operations 20 offenders 1.1.13 Conduct warrant"round-up"operations Number of warrant round-up operations performed for MVT, BMV and targeting motor vehicle crime offenders, FRMVC. including people wanted for MVTs, motor vehicle burglaries,theft of vehicle parts and motor vehicle fraud related crime. 1.1.20 Number of Altered Vehicles Recovered Report the total number of vehicles recovered with altered Vehicle Identification Number. Note: Please remember that a vehicle recovered must be reported in 1.1.15 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Motor Vehicle Theft 1.2.1 Provide Agency Assists for MVT and motor Number of agency assists related to MVT. Assist means responding or 140 vehicle related fraud answering questions via phone, e-mail, or in person. Providing recommendation, guidance,strategy,support or information that other LEOs will use to resolve their cases.The assist generally does not have the direct responsibility for an investigation nor uses LEO authority.The assist helps another LEO or agency investigate cases.Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 1.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in 4 (i.e. homicide,vice, narcotics, etc.)within taskforce related to MVT. Collaboration means physically using law the taskforce department(s)where a enforcement resources,tactics and authority to perform activity on cases that motor vehicle was used in the commission draw upon or aid in the investigation intended to further the resolution of any of the crime(includes identification of case, identify parties to crime, identify vehicles, interview witnesses/suspects vehicles). Include all participating and apprehend suspects. Collaboration will include any help, jurisdiction departments here. recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of motor vehicle theft investigations. 1.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 24 agencies and other organizations that enforcement agencies and organizations that assist in the reduction of MVT. assist in the reduction of MVTs. Include all Collaboration means physically using law enforcement resources, tactics and coverage jurisdictions here. authority to perform activity on cases that draw upon or aid in the investigation intended to further the resolution of any case, identify parties to crime, identify vehicles, interview witnesses/suspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of MVTtheft investigations. 1.2.5 Conduct intelligence information-sharing Number of intelligence meetings attended (include attending as presenter, 22 (Personal attendance) participant or attendee) 1.2.6 Conduct intelligence information-sharing Crime analysis bulletins disseminated (include information distributed to 70 (Written information) law enforcement agencies via text,e-mail, or intra-net communications) 1.2.7 Collaborate with other MVCPA taskforces Number of times collaborated with other MVCPA taskforces that assist in the reduction in MVT, BMV and FRMVC. 1.3 Strategy 3: Prevent and Reduce the Incidence of Fraud-Related Motor Vehicle Activities 1.3.1 Collaborate with agencies relating to Number of collaborations 2 investigation and enforcement of vehicle insurance fraud and FRMVC 1.3.2 Conduct confidential 68(A)inspections(for Number of vehicles inspected to complete a TxDMV 68A inspection form per 500 TxDMV assignment or reassignment of VIN TxDMV(VIN assignment, reassignment, bonded title) required by Tx Trans. Code§501.032) 1.3.3 Conduct VIN verification inspections. (All Number of vehicles inspected by taskforce to identify the vehicles not other reasons except bridge or port) reported in confidential (68A)or bridge and port sections. 1.3.4 Coordinate with TxDMV/Tax Offices relating Number of collaborations with TxDMV HQ,TxDMV Regional Service Centers 6 to investigation and enforcement of or County Tax Assessor Collector offices. fraudulent titles and registration of stolen vehicles 2 Goal 2: Reduce the Incidence of Theft from Motor Vehicles through Enforcement Strategies 2.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance, and Recoveries of Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 2.1.1 Conduct bait vehicle operations that target Number of bait vehicle burglary deployments vehicle burglary offenders 2.1.2 Identify"prolific BMV offenders"through Number of offenders identified 200 informants and intelligence[Prolific is defined as'linked to BMV and theft of vehicle parts and accessories offenses three or more times"] ID Activity Measure Target 2.2 Strategy 2: Conduct Collaborative Efforts that Result in the Reduction of Incidents of Theft From a Motor Vehicle 2.2.1 Provide Agency Assists BMV. Number of agency assists related to BMV or stolen parts. Assist means 7 responding or answering questions via phone,e-mail, or in person. Providing recommendation, guidance,strategy,support or information that other LEOs will use to resolve their cases.The assist generally does not have the direct responsibility for an investigation nor uses LEO authority.The assist helps another LEO or agency investigate cases.Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 2.2.2 Collaborate with other units or divisions Number of times collaborated within departments or SOs participating in within the taskforce department(s) (i.e. taskforce related to BMV or stolen parts. Collaboration means physically homicide,vice, narcotics, etc.)where theft using law enforcement resources,tactics and authority to perform activity on of parts occurred in the commission of the cases that draw upon or aid in the investigation intended to further the crime(includes identification of vehicle). resolution of any case, identify parties to crime, identify vehicles, interview Include all participating jurisdiction witnesses/suspects and apprehend suspects. Collaboration will include any departments here. help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of BMV theft investigations. 2.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 5 agencies and other organizations where enforcement agencies and organizations that assist in the reduction of BMV theft of parts occurred in the commission of or stolen parts. Collaboration means physically using law enforcement the crime(includes identification of resources,tactics and authority to perform activity on cases that draw upon or vehicle). Include all coverage jurisdictions aid in the investigation intended to further the resolution of any case, identify here. parties to crime, identify vehicles, interview witnesses/suspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of motor vehicle theft investigations. 3 Goal 3: Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Motor Vehicle Theft, Burglary of Motor Vehicles and Theft of Vehicle Parts and Accessories 3.1 Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3.1.1 Conduct educational outreach events Number of outreaches 40 (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations to the Number of presentations. Presentation means in person, on-line, original 24 public written document, article, or webpage. 3.1.4 Conduct vehicle identification Number of etching events. Include windows, component parts,VIN stamps 16 initiative/event and catalytic converters. 3.1.4.1 Conduct vehicle identification Number of Participants/Attendees (Vehicles Marked) initiative/event 3.1.5 Purchase advertisements in local outlets Number of advertisements purchased or provided complimentary for 10 taskforce. Include all types of media purchased or provided free(social,tv, utility inserts, billboards,transportation, etc.). Describe in 6.1.1. 3.1.6 Conduct vehicle report card initiatives. Number report cards issued 2 3.1.7 Utilize social media outlets (Facebook, Number of postings in social media outlets 44 Twitter, Instagram, etc.) 3.1.8 Deploy outdoor public notification signage Number of deployments per month (if sign remains several months, count as 10 1 deployment per month) 3.1.10 Conduct media outreach, including, public Number of outreaches 6 service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property 3.2.1 Conduct law enforcement training (TCOLE) Number of classes provided for TCOLE credit 1 3.2.3 Conduct vehicle crimes presentations to Number of classes or presentations. Presentations may include electronic roll 4 law enforcement agencies (non TCOLE) call documents, shift BOLOS and other written or presented materials based on local practices. Grant Evaluation 4.1 Describe the local method and/or practice used to collect the data for reporting Goals, Strategies, and Activities and to evaluate the grant program effectiveness. Describe management and staff participation. Include descriptions of systems(forms and software)that will be used to ensure reliable and accurate data is collected and reported. Describe any other evaluation methods used in the applicant agency to determine effectiveness or cost efficiency of the program. The program will be monitored and evaluated both numerically and financially throughout the duration of the grant year in addition to the data collection requirements.The scope of work will look as follows:At the start of the grant term,the program manager and crime analyst will conduct a front-end evaluation of the program to determine prior motor vehicle crime rates. Based on findings,the program manager will meet with Taskforce management to set program goals and strategies accordingly.The Taskforce will work collectively to implement, analyze, and optimize grant activity for maximum program effectiveness.The methods used will include selecting three areas of the highest auto crime rates in the city during the first three quarters of the grant term: one at each quarter. The target area will be selected at the end of the first month of the quarter.This will allow a time frame of data collection in month one, implementation of a concentrated effort of crime prevention through public awareness and proactive operations in month two, and evaluation of implementation in month three. Using crime mapping technology,the effects of the saturation on target areas and the city as a whole will be used in the evaluation to determine if auto crimes are actually being reduced or displaced to other areas. Data will be analyzed using ArcMap 10-ESRI, ILEADS, Excel and Powerpoint software. Reports will be generated for the Texas Motor Vehicle Crime Prevention Authority, Corpus Christi Police Department, City of Corpus Christi and other entities utilizing in house computer systems and software.As the program performs,the rates, goals and strategies will be monitored and recorded on a monthly basis by the crime analyst, investigative intake specialist, and program manager and will be compared to the same time frame of the previous year. Data will be compiled,which will then be validated with CCPD's central records division by means of UCR and NIBRS systems. Once verified, the crime analyst will convert the data into reports that will be regularly shared with Taskforce management and other agency staff as necessary. If any irregularities occur,the Taskforce commander will be notified immediately to determine the best course of action. If goals or strategies will be affected,the Taskforce commander will meet with Taskforce personnel to discuss strategies to redirect program resources that can correct the deficiency identified. Decision making will be validated with the authorized official, program director, and financial officer of the program.To monitor the financial aspects of the program,the program manager will compile monthly expenditure reports that will be compared to the financial data collected by the financial officer and his/her team.The collected data will then be verified by the grants and finance division of the City of Corpus Christi through standard accounting practice measures utilizing software such as Microsoft Excel and Infor Suite. Once validated,the Program Manager will compile the data into a report and share with the Taskforce Management Team. If any irregularities occur,the Taskforce commander will be notified immediately to determine the best course of action. If goals or strategies will be affected, the Taskforce commander will meet with Taskforce personnel to discuss strategies to redirect program resources that can correct the deficiency identified. Decision making will be validated with the authorized official, program director, and financial officer of the program.Throughout the grant term and at the conclusion of the year,the Taskforce will report the summative impact of this program on the citizens of Corpus Christi and reduction of motor vehicle crime.This evaluation will focus on two separate aspects of the program: PROGRAM STAFF: Program staff will be evaluated by management and will include ATTF investigators,the direct patrol officer, the NICB special agent and the team of civilians. Evaluations of staff will include the measurement of contributions to objectives documented in case activity sheets(records of activity performed)for investigators and the special agent, contact reports for the direct patrol officer, and public awareness tracker sheets for the civilian staff. Each grant objective is distributed evenly among personnel and evaluated on an individual basis based on job analysis. REACHED OBJECTIVES: Reached Objectives will be evaluated in an objective numerical counting format. Objectives will be monitored on a monthly basis by the program manager.At the end of each quarter,the program manager will brief the Taskforce commander on progress towards these goals. If an objective is falling behind,the Taskforce commander will implement a strategy to correct the deficiency.The program cannot be evaluated to be effective if performance activities are not meeting established criteria. Reached objectives will be verified by a data analysis conducted by the crime analyst on the effectiveness of each objective in relation to the reduction of motor vehicle crime or victim assisted cases in that scope.All the evaluation data collected will be summarized and included in the final report. The information collected to complete the monthly reports is retrieved from our ILEADS confidential reporting management system. Information gathered and reported in ILEADS is validated by our central records division utilizing the NIBRS and UCR reporting guidelines.All financial data is recorded at the City of Corpus Christi Finance Department. Each component of the program work cohesively to meet all goals, strategies, and financial objectives of the program 4.2 Provide any other suggested measures that would better reflect the law enforcement or prevention work that the proposed program will perform. If the suggested measure fits into one of the stated goals above please indicate. The Corpus Christi Auto Theft Task Force Program Manager and criminal analyst will incorporate new analytics strategies into Corpus Christi's public awareness program as part of its public awareness efforts.The skills gained from this initiative will be shared with other MVCPA task forces and MVCPA staff upon request.While there are no specific numerical targets associated with this effort,the Corpus Christi ATTF strongly believes that this work will significantly benefit not only its program but the entire MVCPA agency. Additionally, CC ATTF will continue to include media updates in quarterly progress reports, refining the format that has been previously approved.The task force will also be available to assist other MVCPA agencies that require support with media relations. TxGMS Standard Assurances by Local Governments We acknowledge reviewing the TxGMS Standard Assurances by Local Governments as promulgated by the Texas Comptroller of Public Accounts and agree to abide by the terms stated therein. File Upload Current Documents in folder Letter of Support.pdf(5/24/2024 12:38:41 PM) Resolution.pdf(6/26/2024 4:34:13 PM) Supporting Documentation&df(5/24/2024 12:34:43 PM) Supporting Documentation.xlsx(5/24/2024 2:55:36 PM) Home F Print TxDMV-MVCPA, ppri.tamu.edu©2017 se 0 0 PH P AGENDA MEMORANDUM NCORPO0.1¢ Action Item for the City Council meeting of September 3, 2024 1852 DATE: September 3, 2024 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(u-)-cctexas.com (361) 886-2601 Approval to accept and appropriate a grant from the Motor Vehicle Crime Prevention Authority for a FY 2024 Catalytic Converter Grant in the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority for catalytic converter theft detection and prevention in the amount of $98,728.00 for overtime for four sworn officers and two civilians, and for equipment and supplies for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $98,728.00 in the Police Grants Fund. SUMMARY: This Ordinance authorizes the acceptance of a grant and appropriation of the grant funds from the Motor Vehicle Crime Prevention Authority for the Corpus Christi Police Department (CCPD). The grant funds will go towards overtime for four sworn officers, two civilians, equipment, and for operational needs for the Corpus Christi Police Department's Auto Theft Task Force's program with an additional focus on Catalytic Converter theft detection and prevention. It also designates several City staff members as designated officials for the grant BACKGROUND AND FINDINGS: The City of Corpus Christi has been awarded funding from the Motor Vehicle Crime Prevention Authority (MVCPA) for an additional focus on catalytic converter theft detection and prevention in the Police Department. The MCVPA was established in 1991 due to rising auto thefts and is funded through a monthly fee of $4 on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The amount awarded to the City is based upon the number of auto thefts in the area and the performance of the Auto Theft Task Force's program. The grant provides overtime funds for work to be performed for proactive operations, reactive assessments and public awareness with an additional focus on catalytic converter theft detection and prevention for four sworn officers and two civilians. Most covert operations occur in the evening along with large case breaks that require detectives to work outside of normal business hours. Most public awareness events occur in the evening and on weekend hours. The equipment includes a Mobile Vehicle Lift, which is a portable lift that can be used in various settings to accommodate different types of vehicles. The lift is used as part of carrying out tasks such as painting, marking, etching, and engraving Vehicle Identification Numbers (VIN) on catalytic converters. The lift will also be used at public awareness events to lift vehicles so that laser engraved serial or VIN numbers can be engrave on catalytic converters. Additionally, funds from this grant will be used to purchase two laser engravers, two thermal surveillance cameras, and a search drone that will be used for intelligence gathering before a search warrant is issued and for searching for suspects. Other supplies include headlamps, rolling trolleys, gloves, car jacks, and safety glasses. The grant period is August 7, 2024 to August 6, 2025. This is the first year that the Motor Vehicle Crime Prevention Authority has issued grant awards for catalytic converter theft detection and prevention. ALTERNATIVES: The alternative is not to accept the grant. However, if the grant is not accepted, the funds will not be available as they have not been budgeted in the General Fund budget. If the acceptance of the grant is not approved, CCPD will have to search for alternative sources of funding to continue this program. FISCAL IMPACT The FY 2025 fiscal impact will be an appropriation into the Police grants fund in the amount of $98,728.00. There is no City cash match required as part of this grant award. Funding Detail: FY 2025 Fund: 1061 Police Grants Fund Organ ization/Activity: 89 Department: 29 Project # 822523S Account: 510200 Amount: $23,474.00 Fund: 1061 Police Grants Fund Organization/Activity: 89 Department: 29 Project # 822523S Account: 520090 Amount: $75,254.00 RECOMMENDATION: Staff recommend accepting and appropriating the grant award, as presented. LIST OF SUPPORTING DOCUMENTS: Grant award letter Ordinance authorizing the acceptance of a grant from the Motor Vehicle Crime Prevention Authority Catalytic Converter Grant in the amount of $98,728.00 for overtime for four sworn officers and two civilians, and for equipment and supplies for the Corpus Christi Police Department's Auto Theft Task Force; and designating several City staff members as designated officials for the grant; and appropriating $98,728.00 in the Police Grants Fund. WHEREAS, under the provisions of the Texas Transportation Code Chapter 1006 and Texas Administrative Code Title 43; Part 3; Chapter 57, entities are eligible to receive grants from the Motor Vehicle Crime Prevention Authority to provide financial support to law enforcement agencies for economic automobile theft enforcement teams and to combat motor vehicle burglary in the jurisdiction; and WHEREAS, this grant program will assist this jurisdiction to combat motor vehicle burglary and theft; and WHEREAS, City of Corpus Christi has agreed that in the event of loss or misuse of the grant funds, City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Chief of Police is allowed to execute all documents necessary to accept a grant from the Motor Vehicle Crime Prevention Authority (MVCPA) Catalytic Converter Grant in the amount of $98,728.00 to continue the Auto Theft Task Force unit activities within the Police Department, to fund overtime for four sworn officers and two civilians, and for equipment and supplies for the Corpus Christi Police Department's Auto Theft Task Force. SECTION 2. That $98,728.00 from the Motor Vehicle Crime Prevention Authority is appropriated in the Police Grant Fund account to fund four sworn officers and two civilians, and for equipment and supplies necessary to continue the motor vehicle theft enforcement grant within the Police Department. SECTION 3. That the Chief of Police is designated as the Authorized Official to apply for, accept, decline, modify, or cancel the grant application for the Motor Vehicle Crime Prevention Authority Catalytic Converter grant program, and all other necessary documents to accept said grant. SECTION 4. That the Deputy Chief of Police of the Criminal Investigations Division is designated as the Program Director, and the Director of Finance or the Director of Finance's designee is designated as the Financial Officer for this grant. SECTION 5. That in the event of loss or misuse of the grant funds, the City of Corpus Christi assures that the grant funds will be returned in full to the Motor Vehicle Crime Prevention Authority. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2024. That the foregoing ordinance was read for the second time and passed finally on this the of , 2024. PASSED AND APPROVED on the day of , 2024: ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor ,�s 9rf moTORVEHICLE AUTHORITYCRIME PREVENTI' FY24 SB224 Catalytic Converter Grant Motor Vehicle Crime Prevention Authority Statement of Grant Award and Grantee Acceptance Notice Grant Number: 224-24-1780200 Grantee: City of Corpus Christi Program Title: Corpus Christi Police Department Auto Theft Task Force Grant Award Amount: $98,728 Total Cash Match Amount: -0- In-Kind Match Amount: -0- Reimbursement Percent*: 100% Grant Term: August 7, 2024 to August 6, 2025 Grant Budget Summary: City of Corpus Christi (App ID:276) Cash MVCPA Match Total In-Kind Budget Category Expenditures Expenditures Expenditures Match Personnel $0 $0 $0 Fringe $0 $0 $0 Overtime $23,474 $0 $23,474 Professional and Contract Services $0 $0 $0 Travel $0 $0 $0 Equipment $72,060 $0 $72,060 Supplies and Direct Operating Expenses (DOE) $3,194 $0 $3,194 Total $98,728 $0 $98,728 *Reimbursement Percent: 100% That whereas, City of Corpus Christi (hereinafter referred to as Grantee), has heretofore submitted a grant application in response tothe Request for Application issued on February 14,2024to the Motor Vehicle Crime Prevention Authority, State of Texas, entitled Corpus Christi Police Department Auto Theft Task Force and further identified by grant number 224-24-1780200 and Whereas,the Motor Vehicle Crime Prevention Authority has approved the grant application as evidenced by this FY24 Statement of Grant Award and certain special requirements from the Motor Vehicle Crime Prevention Authority dated 08/07/2024 and Whereas, the Grantee desires to accept the FY24 grant award and use all funds for purposes and in compliance with the following requirements that are adopted in their entirety by reference: • Texas Transportation Code Chapter 1006; • Texas Administrative Code: Title 43; Part 3; Chapter 57; FY24 SB224 Catalytic Converter MVCPA Statement of Grant Award and Grantee Acceptance Page 1 of 2 • Texas Grant Management Standards (TxGMS) as promulgated by the Texas Comptroller of Public Accounts including TxGMS Standard Assurances by Local Governments and Standards for Financial and Program Management; • The Request for Applications issued on February 14, 2024; • The current Motor Vehicle Crime Prevention Authority Grant Administrative Manual and forms and subsequently adopted grantee instruction manuals and forms; • The Final Adopted Application attached to this Statement of Grant Award; and • The Approved Grant Budget Summary Now,therefore,the Grantee accepts the FY24Statement of Grant Award under the conditions above including the special requirements in the grant application and the Statement of Grant Award as evidenced by this agreement, executed bythe official authorized to sign the original grant application, or the official's designated successor, as presiding officer of and on behalf of the governing body of this grantee; and The Motor Vehicle Crime Prevention Authority has awarded the above-referenced grant subject to the availability of state funds. The approved budget is reflected in the above Approved Grant Budget Summary.This grant is subject to and conditioned upon the acceptance of the MVCPA Grant Administrative Guide promulgated for this specific program fund (referenced above) bythe Motor Vehicle Crime Prevention Authority. Applicable special conditions are listed below. Special Conditions and Requirements (MVCPA will only apply special conditions to applicable jurisdictions): X Non-Supplanting- The grantee agrees that funds will be used to supplement,not supplant,funds that would otherwise be available for the activities under this grant.This includes demonstrating that new funded positions will be added to the department and not replacing local funds with state funds. X Intelligence Sharing- The grantee is required to ensure that Law Enforcement personnel funded in whole or in part by this grant actively participate in Law Enforcement intelligence sharing webinars and Motor Vehicle Crime Investigator Virtual Command Centers organized and promoted on behalf of the MVCPA program operation and statewide collaboration. X Border Security Report Requirement—This Grantee is designated as a MVCPA Border Security Grant which is located along the United States of America border with the United States of Mexico and those that are adjacent to the Gulf Intracoastal Waterway. This designation requires grantee to provide additional report information required by the General Appropriations Act of the 87th Texas Legislature,Regular Session.The Governor or Legislative Budget Board may request additional information regarding the report data during the term of the grant. APPROVED AND ACCEPTED BY: Authorized Official Printed Name and Title Date Signed FY24 SB224 Catalytic Converter MVCPA Statement of Grant Award and Grantee Acceptance Page 2 of 2 FY24 Final Negotiated Application Senate Bill 224 Grant Negotiation for 2024 The Application was submitted by Mike Markle at 8/5/2024 11:40:03 AM and is now locked. The confirmation Number is 2024080500276. Primary Agency/Grantee Legal Name: City of Corpus Christi Organization Type: Law Enforcement Organization ORI (if applicable): TX1780200:CORPUS CHRISTI PD(MIP) Program Title Please enter a short description of the proposed program that can be used as the title. Corpus Christi Police Department Auto Theft Task Force Application Category(See Request for Applications [RFA]for category details and descriptions RFA Priority Funding Section): New Grant-2024 is the first year of the MVCPA Catalytic Conveter Program Grants.All 2024 grant applicants use the new grant category. MVCPA Program Category(see RFA and TAC 43, 3§57.14). Check all that apply. 12 Law Enforcement, Detection and Apprehension 12 Prosecution,Adjudication and Conviction 19 Reduction of the Theft of Catalytic Converters p Education Programs and Marketing Taskforce Grant Participation and Coverage Area Provide a General Description of the Participating and Coverage Area of this Grant Application City of Corpus Christi, Nueces County, San Patricio and the Port of Corpus Christi in Texas. Define in the tables below the grant relationships and geographic area of the Catalytic Converter program: Applicant will add the participating and coverage agencies from the ORI list below. If an agency is not in the ORI list, please include the agency and role in the general description above. Make sure to follow the definitions below and select an agency in the dropdown. Use the Add as Participating Agency or Add as Coverage Agency button to populate the list. Participating Agencies are agencies that materially participate in the grant application through the exchange of funds for reimbursement and cash match. Participating agencies are defined after the grant award by interlocal/interagency agreements. Each applicant must select their own agency first. Then select agencies that will receive or provide funding and/or resources. [Note: Interlocal/interagency agreements do not need to be submitted with the application. Interlocal agreements will need to be executed prior to the first payment being made if selected for a grant. Letters of support with the application from the participating agencies are strongly recommended.] Coverage Agencies are agencies that provided some level of coverage, assistance or support by this grant application but will not materially exchange funds as cash match or reimbursement.The coverage is not supported by an after the award with interlocal/interagency agreements. Coverage agencies as law enforcement agencies may have jurisdictional coverage agreements unrelated to the grant(Ex. City Y is within County X or vice versa).Agencies selected in this list include agencies that will be covered or where the agency indicates that their agency will coordinate or call upon the program. Letters of support with the application from the participating agencies are strongly recommended. Select Agencies to Add Participating Agencies Coverage Agencies via BLANCO CO SO(AE)[TX0160000] CORPUS CHRISTI PD(MIP) NUECES CO SO SAN PATRICIO CO SO BLANCO PD[TX0160100] , JOHNSON CITY PD[TX0160200] Borden BORDEN CO SO(AE)[TX0170000] Bosque BOSQUE CO SO(AE)[TX0180000] Add as Participating Agencies Delete Selected Delete Selected Add as Coverage Agencies ❑ Other Coverage (Use if ORI not listed or explanation is necessary.): No text provided. ® National Insurance Crime Bureau (NICB) Used as Match (Documentation and time certification required.) ❑ Texas Department of Public Safety(DPS) Other State or Federal Agency(specify:) Resolution: Complete a Resolution and submit to local governing body for approval. Sample Resolution is found in the Request for Application or send a request for an electronic copy to grantsMVCPA@txdmv.gov.The completed and executed Resolution must be attached to this on-line application. Grant Budget Form MVCPA recommends that the applicant complete the total costs(MVCPA and Cash Match combined)for this program.The applicant can then enter the desired amount of Cash Match (not less than 20% per TAC Title 43, A§57.36).The system will then calculate the correct grant and match amounts. Budget Entry Option: Enter Total and let system calculate MVCPA Funds and Cash Match, Match Percentage: 0% Enter MVCPA and Cash Match Amounts Click on category name to edit budget detail for that category. Cash MVCPA Match Total In-Kind Budget Category Expenditures Expenditures Expenditures Match Personnel Fringe Overtime $23,474 $23,474 Professional and Contract Services Travel Equipment $72,060 $72,060 Supplies and Direct Operating Expenses(DOE) $3,194 $0 $3,194 Total $98,728 $0 $98,728 Cash Match Percentage 0.00% Pct MVCPA In-Kind Description Subcategory Time Funds Cash Match Total Match Personnel Total Personnel Fringe Total Fringe Overtime Police Lieutenant Investigator/LEO $5,023 $5,023 Investigator 1 Investigator/LEO $4,331 $4,331 Investigator 2 Investigator/LEO $4,331 $4,331 Investigator 3 Investigator/LEO $4,331 $4,331 administrative/support Administrative/Support $2,729 $2,729 Crime Analyst Crime Analyst/LE $2,729 $2,729 Professional Total Overtime $23,474 $23,474 Pct MVCPA In-Kind Description Subcategory Time Funds Cash Match Total Match Professional and Contract Services Total Professional and Contract Services Travel Total Travel Equipment Wireless Mobile Column Vehicle Lifts $45,500 $45,500 Laser Engraver $6,080 $6,080 Laser Engraver $6,080 $6,080 Thermal Surveillance and search drones $14,400 $14,400 Total Equipment $72,060 $72,060 Supplies and Direct Operating Expenses(DOE) Head Lamps $660 $0 $660 Mechanical Rolling Trolley $224 $0 $224 Mechanic gloves $720 $0 $720 Heavy duty car jacks $540 $0 $540 laser Safety glasses $1,050 $0 $1,050 Total Supplies and Direct Operating Expenses(DOE) $3,194 $0 $3,194 Budget Narrative C. Overtime Work to be performed with overtime hours are proactive operations, reactive assessments and public awareness,with an additional focus on Catalytic Converter theft detection and prevention. Most covert operations occur in the evening along with large case breaks that require detectives to work outside of normal business hours. Most public awareness events occur in the evening and on weekend hours.The Corpus Christi Auto Theft Task Force is asking for 5% of salaries which equates to$23,474 MVCPA funded.This amount will cover overtime hours for public presentations,field operations and call out investigations. Call out investigations, large case breaks and proactive operations are difficult to foresee and cannot predict flexible or variable schedules. Overtime requests and approval will be adhered by the Corpus Christi Police Department Policy and Procedure for Overtime Compensation Request Policy#950. NOTES: *The overtime is calculated based off of the salaries of positions predetermined by the city of Corpus Christi Human Resources Department.The overtime calculated for the crime analyst is reflective of a 5% merit increase if performance evaluation appropriates it; the intake specialist is a conservative projection of the top of the hiring range of a predetermined 113 local pay grade; all sworn overtime is a projection based on a 4%COLA pay increase awarded to civilian employees in FY22 (the value is likely an over-estimate pre-POA negotiations). Just as well, the additional pays are reflective of current allowances and cannot be determined until a new POA contract has been established. F. Equipment Wireless Mobile Column Lifts-The portable lift can be used in various settings, both indoors and outdoors,which is crucial for accommodating different types of vehicles and work environments. This versatility ensures that we can carry out our tasks, such as painting, marking, etching, and engraving VINs on catalytic converters,without being restricted to a single location. This will help detect and prevent catalytic converter theft.ATTF plans to use a laser engraver to mark serial or VIN numbers on catalytic converters during public awareness events and inspections (such as 68A's). The purpose of etching these numbers on the converters is to assist in investigations of theft and recovery.The engraved numbers will help locate complaints and their stolen catalytic converters. Currently,ATTF has no equipment to mark identifying numbers on catalytic converters. Surveillance and search drones are aerial devices that are not armed but are equipped with live-streaming capabilities.These drones will be used for intelligence gathering before a warrant is issued and overwatch for auto theft search warrants. There have been several instances where suspects have stolen catalytic converters from dealerships or salvage yards at night.With the help of live streaming and thermal imaging cameras on the drone, it would be easier to locate and track the suspects before apprehension.Additionally, a mini search drone can be used to safely search interior structures and confined spaces like salvage yards near junk piles or scrap metal entities. This type of device would be useful in any scenario that requires seeing in small and confined spaces. G.Supplies and Direct Operating Expenses(DOE) The investigators will need to purchase some tools to use during field operations, investigations, and assessments. These tools include(but are not limited to)the following: 12 headlamps ($660), 2 mechanical rolling trolleys ($224), 16 mechanic gloves($720), 2 heavy-duty car jacks($540), and 10 pairs of laser safety glasses ($320). Revenue Indicate Source of Cash and In-Kind Matches for the proposed program. Click on links to go to match detail pages for entry of data. Cash Match In-Kind Match Statistics to Support Grant Problem Statement Reported Cases 2022 2023 Catalytic Catalytic Converter Converter Jurisdiction Theft Theft Corpus Christi Police 594 164 Department Add/Edit Statistics Application Narrative Grant Introduction (Executive Summary)and General Information 1.1 Briefly describe the organization and program operation. Provide a high level summary to the application and how it will affect the local community. (500 words or less) The City of Corpus Christi, Texas is a border-port city located on the Gulf of Mexico 140 miles east of Laredo and 160 miles north of Brownsville, Texas. Its Metropolitan Statistical Area(including Nueces County) has an estimated population of 317,773(2023)and covers a geographic location of 839 square miles.The City of Corpus Christi has over 3,000 employees with an estimated annual budget of$1.4 billion (2023).The Police Department(CCPD)only operates under$97 million of that available funding. CCPD has 491 sworn officers, 210 civilian personnel, and a high demand for more officers still to come.The Police Department currently sustains 12 grants to help supplement its costs brought by the insufficient general funding it receives.The continuation of the MVCPA program would greatly assist with the department's funding deficiencies and alleviate some of the financial burdens on local taxpayers.The MVCPA Program makes it possible for the community to have an Auto Theft Task Force(ATTF)comprised of law enforcement professionals who can extend searches throughout Nueces County and work continuously throughout the year with NICB, Customs, DPS, MVCPA Task Forces,TxDot and other surrounding law enforcement agencies.The ATTF uses both proactive and reactive policing tactics to combat motor vehicle crime such as bait and field operations. In conjunction with crime analyst information, officers also use technology made available by MVCPA funding such as bait software,Automated License Plate Readers(ALPRs), live video streaming and VIN readers to conduct investigations.The Corpus Christi ATTF reports UCR and NIBRS numbers generated within the city and for these investigations along with any cases generated in response to out of city limits. The Public Awareness campaign associated with the program makes contact with all demographics present in Corpus Christi. It reaches people of different socio- economic statuses, cultures, backgrounds, ages, physical abilities, education and geographical backgrounds with a strong community following.The MVCPA program positively impacts hundreds of thousands of residents of South Texas each year, making it an invaluable asset to the population it serves. 1.2 Describe the task-force governing, organization and command structures. Include a description of the nature of support and agreements that will be in place if the grant is awarded. Provide any details unique to the taskforce organization or geographical target area. Describe whether any part of this grant will be directed to serve a specific target population (or subset of the community)? The Corpus Christi Auto Theft Task Force is a component of the Criminal Investigations Division of the Corpus Christi Police Department under the governing body of the City of Corpus Christi.The Taskforce is presided under CCPD's law enforcement officer policy which is directed under federal, state, and local guidelines. The Taskforce command structure includes all personnel reporting to the Taskforce Commander,which is the Police Lieutenant.The Taskforce Commander then reports to the Program Director,which is the Deputy Chief of Police of the Criminal Investigations Division. In turn,the Program Director reports to the Authorized Official, who is the Chief of Police and has been given executive authority on all program related matters(act of City Council). On the financial side of the command structure,the designated Financial Officer is the Director of the Finance Department for the City of Corpus Christi.The Financial Officer works in conjunction with the Authorized Official.All financial paperwork is processed by the Financial Officer's designated departmental team.All aspects of payroll and other expenditures are prepared at the Police Department and forwarded to the Finance Office for review and publication. Unique details to consider with the City of Corpus Christi is that it is recognized by the State of Texas as a border-port city located on the Gulf of Mexico. Due to this prime location,the metropolitan area serves as a major source for motor vehicle crime and the trafficking of stolen vehicles and parts into Mexico. Furthermore,the ATTF investigators are deputized to allow officers to conduct investigations throughout Nueces County through an informally accepted agreement with Nueces County Sheriff's Department, Precinct Constables, the Port of Corpus Christi Police Department and other surrounding agencies when assistance is requested and permitted.All cases are filed under the Nueces County District Attorney's Office.The program described in the application will cover the aforementioned communities at large. Grant Problem Statement 2.1 Provide an assessment of the Catalytic Converter Theft problem in the coverage area of this application. Include loss data consistent with the reported incident numbers above. Over the past three years,there has been an increase in the theft of car parts, driven by the new trend of catalytic converter thefts, which has resulted in more work for ATTF investigators. In 2021, 603 cases of catalytic converter thefts were reported, accounting for 61%of all theft of parts. This pattern continued in 2022,with 594 cases of catalytic converter theft reported,which made up 64%of all theft of parts. However, by 2023, the total number had decreased to 164 due to the decline in platinum, palladium, and rhodium prices, along with the implementation of the new legislative bill 224. Corpus Christi Auto Theft Task Force predicts that the number of thefts will increase again in the future when the metal prices rebound, and criminals find new loopholes to exploit. In 2021, residential areas were the most vulnerable locations to auto burglaries and theft of parts, making up 34%of the total targeted location types. However, in 2022, as a result of the catalytic converter theft trend, the most vulnerable locations to BMVs and/or theft of parts became multi-family residential locations(apartments, condos, mobile home parks, etc.);they made up 31%of the total targeted location types. Grant Goals and Activities There are two parts to this section: 1) Functions of Proposed Program and 2)Goals Strategies and Activities(GSA). In the following boxes, describe the functions of the proposed program and then complete a fillable form called GSA. MVCPA programs must completely describe the actions, methods and tactics that law enforcement and civilian staff will perform for each of the categories below. Describe the reliance on technology or other program elements to solve the problem statement above and goals below. Functions must be detailed and consistent with the requested budget. If a grant is awarded,funds expended towards activities not described in this section will result in the reimbursement being denied. Part 1 3.1 Functions of the proposed program related to Catalytic Converter Theft from a motor vehicle. With the help of this program,the Corpus Christi Auto Theft Task Force will conduct field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information that will lead to the apprehension of suspects. Crime analyst data is used to maintain intelligence files and generate reports of repetitive patterns Our program plans to conduct bi-monthly 68A inspections utilizing two state-of-the-art vehicle lifts, enhancing our capacity to inspect vehicles thoroughly for catalytic converter security.These regular inspections will serve not only to assess vulnerability but also to implement preventative measures directly.A key component of our inspection process involves the use of etching machines to mark catalytic converters with unique serial numbers.This etching serves a dual purpose: deterring theft by making the parts less attractive to thieves due to traceability and aiding in the recovery and return of stolen items should theft occur.To extend our reach beyond direct inspections,we will deploy drones equipped with high-resolution cameras for aerial surveillance of high-risk areas, such as large public parking lots and automotive dealerships.This proactive surveillance measure will allow us to monitor large areas efficiently, identify suspicious activities in real-time, and respond swiftly to prevent thefts before they occur.The taskforce will accomplish covert operations by utilizing intelligence gathered and targeting motor vehicle theft offenders and associated "hotspots." The ATTF will carry out this measure through the use of field operations, proactive investigations and undercover surveillance operations performed with the assistance of confidential informant information. 3.4 Functions of the proposed program related to preventing Catalytic Converter Theft Public awareness plays a significant role in deterring auto crime. Public awareness events are planned throughout the year.These events range anywhere from promotional booths, health fairs, city functions, presentations, message board displays, media interviews and placements, Catalytic Converter and Trailer Stamping events, Facebook Live presentations and miscellaneous meetings with civic groups.The campaign will also coordinate with existing community programs to discuss area problems and possible solutions. Press releases, news conferences, public service announcements and interviews will be scheduled throughout the year as needed. Educating our patrol division is a necessity as they are the first responders on the streets. Through the goal and strategy of educating/training citizens and qualified personnel in detection and prevention of CC theft, and theft of vehicle parts and accessories, Corpus Christi aims to accommodate the following public awareness objectives: EDUCATIONAL OUTREACH EVENTS: This objective will be reached by scheduling and attending outreach events each month. Over the years, Corpus Christi has established a strong community network with local businesses and organizations who often request the taskforce's presence at each of their events. In addition,the ATTF will constantly be distributing brochures and other forms of information throughout the year.The freshly maintained, picturesque Auto Theft Task Force MVCPA wrapped vehicle is a city and crowd favorite wherever it is stationed. EDUCATIONAL PRESENTATIONS TO THE PUBLIC:This objective will be reached by conducting citizen presentations each month derived from statistics and data collected by the ATTF crime analyst and other personnel throughout the year.The presentations will be delivered to a variety of audiences selected and requested on a monthly need.The program manager will be the primary source of presentation delivery. ETCHING INITIATIVES: This measure will be performed by certified ATTF personnel upon citizen request. Services such as trailer stampings and catalytic converter engravings are often complimented by work performed on 68A inspections hosted by the taskforce. POSTING TO SOCIAL MEDIA OUTLETS:This measure will be performed by utilizing the strong following of the CCPD social media outlets approximated at 77,000 followers. The Auto Theft Task Force will aim to post on a regular basis in order to meet this goal. The Program Manager will bring valuable insight into this measure from his/her participation in the social media committee of the International Association of Auto Theft Investigators. OUTDOOR PUBLIC SIGNAGE NOTIFICATION:This objective will be met by continuing another great, long-standing partnership with the Corpus Christi Hooks, a minor-league affiliate of the Houston Astros.The ATTF will purchase billboard signage outside of Whataburger stadium displaying MVCPA's message and logo, "If You Like It--Lock It." MEDIA OUTREACH:A growing objective in Corpus Christi,the taskforce aims to provide regular PSAs and media engagement by capturing important messages and highlighting the profound work performed by the ATTF.This will be supplemented by occasional Facebook Live events with topics that will be determined at the time of its premiere. LAW ENFORCEMENT TRAINING EVENTS:To meet these objectives, the ATTF will utilize its TCOLE certified instructors to deliver an 8- credit hour, day-long course to interested law enforcement officers around the state of Texas. Furthermore, these objectives will be reached by the task force's investigators participating in information-sharing initiatives with other law enforcement agencies regularly. Primarily,ATTF's Lieutenant and senior investigators deliver these presentations to relevant LEOs that would receive the most benefit. Drone survellince To extend our reach beyond direct inspections,we will deploy drones equipped with high-resolution cameras for aerial surveillance of high-risk areas, such as large public parking lots and automotive dealerships.This proactive surveillance measure will allow us to monitor large areas efficiently, identify suspicious activities in real-time, and respond swiftly to prevent thefts before they occur.To support our preventive efforts and refine our strategies,we will establish a comprehensive database to log details of catalytic converter theft incidents. This database will facilitate in-depth analysis of theft patterns and help predict future hotspots, thereby enabling targeted deployment of our resources. Regular assessments of the program's impact on theft reduction will also be conducted, ensuring that our strategies are effective and dynamically adjusted based on empirical evidence. 3.6 Collaboration Effort-- Describe the taskforce method to collaborate, and not duplicate existing activities. Describe the cross boundaries regional approach to grant activity implementation. Describe how the applicant staff and jurisdiction will coordinate with other taskforces and law enforcement agencies to implement this program. The Corpus Christi Auto Theft Task Force is dedicated to establishing a comprehensive, collaborative approach to combat catalytic converter theft. Recognizing the necessity of regional cooperation and the effective use of resources, our task force has developed a strategic plan to collaborate with neighboring agencies and organizations while ensuring our activities complement rather than duplicate existing efforts. Information Sharing and Coordination:We have established a shared database accessible to all participating agencies. This platform will facilitate real-time information sharing regarding theft incidents, suspect descriptions, and recovery reports. By consolidating this data,we can identify patterns that may span several jurisdictions and coordinate our response more effectively.Joint Operations and Task Forces: Regularly scheduled joint operations will be organized to leverage the collective resources and expertise of participating agencies.These operations may include coordinated patrols in high-risk areas,joint investigation teams for ongoing cases, and combined community outreach events.Training and Workshops:We plan to host workshops and training sessions that involve officers from all participating agencies.These sessions will focus on the latest techniques in theft prevention, investigative procedures, and use of technology such as drone surveillance, database management and etching of catalytic converters. Our collaboration with the National Insurance Crime Bureau (NICIB)will enhance our analytical capabilities and access to national data on auto theft trends: Data and Analytics Support: NICIB along with our crime analyst will provide us with analytical support, helping to interpret patterns and predict potential theft hotspots based on national and regional data.This partnership will enhance our strategic planning and operational deployment. Recovery and Identification Resources: NICIB's resources will also aid in the identification and recovery of stolen catalytic converters. Their expertise in tracking stolen auto parts will be invaluable in tracing recovered items back to their rightful owners. 3.7 If the proposed application requests any exceptions or deviation from any general grant rules, RFA conditions or grant administrative policy, please indicate in the section below. Indicate the section of the specific issue and citation that you are asking the MVCPA to consider and the rational for the request. N/A Part II Goals, Strategies, and Activities Select Goals, Strategies, and Activity Targets for the proposed program described in the application. Click on the link above to open a new table called Goals, Strategies, and Activity.Applicants will review the statutory and optional activities.The first section is the statutory measures. Grantees may not provide targets for this section but need to review the descriptions to ensure that they understand the statutory minimum requirements associated with this grant.Applicants will then review the other items and estimate targets for only the activities that the applicant has described and plans to complete under this application. ID Activity Measure Target Measures for Grantees.Add Target values for those that you will measure. 1 Goal 1: Reduce the Incidence of Catalytic Converter Theft through Enforcement Strategies 1.1 Strategy 1: Conduct Activities that Result in the Arrest, Clearance,and Recoveries of Catalytic Converter Theft 1.1.1 Identify groups of catalytic conveter Number of catalytic conveter theft groups identified. Include gangs, cartels or other 10 theft offenders through intelligence criminal enterprise with two or more members gathering, crime analysis and the use of informants 1.1.2 Identify and document/record prolific Number identified/documented offenders Catalytic Converter Theft offenders [Prolific is defined as"linked to Catalytic Converter Theft offenses three or more times"] 1.1.5 Conduct inspections of local Number of businesses inspected 12 businesses related to vehicle enterprise(transportation code or occupation code authorized companies such as salvage yard, repair shop, parts recycling center, used car dealership, salvage rebuilder, title service company, other). 1.1.6 Conduct bait vehicle operations that Number of bait vehicle deployments. Include Catalytic Converter Theft bait 4 target Catalytic Converter Theft operations here. offenders 1.1.8 Deploy license plate readers(LPR) Number of times LPR deployed. Deploy: If stationary unit then total number of 185 days or partial days unit was operable and on. Mobile unit number of days the unit was on and operable. 1.1.9 Respond to taskforce license plate Number of times investigators responded to taskforce LPR alert notifications 125 reader(LPR)alert notifications regardless of whether vehicle was located 1.1.12 Conduct covert operations targeting Number of covert operations 4 Catalytic Converter Theft offenders 1.1.13 Conduct warrant"round-up" Number of warrant round-up operations performed Catalytic Converter Theft operations targeting catalytic converter crime offenders, including ID Activity Measure Target people wanted for Catalytic Converter Theft 1.1.15 Increase the recovery rate of stolen Report the number of Catalytic Converters recovered by taskforce motor vehicle Catalytic Converter Theft 1.1.16 Increase the clearance rate of Report the number of Catalytic Converter Theft cases cleared Catalytic Converter Theft 1.1.17 Increase the number of persons Report the number of persons arrested for Catalytic Converter Theft by taskforce arrested for Catalytic Converter Theft 1.2 Strategy 2: Conduct Collaborative Efforts that Result In Reduction of Incidents of Catalytic Converter Theft 1.2.1 Provide Agency Assists for Catalytic Number of agency assists related to catalytic conveter theft. Assist means 1 Converter Theft responding or answering questions via phone, e-mail,or in person. Providing recommendation, guidance,strategy,support or information that other LEOs will use to resolve their cases.The assist generally does not have the direct responsibility for an investigation nor uses LEO authority. The assist helps another LEO or agency investigate cases.Analysts and civilian employees will record their assists to outside LEOs and agencies met here along with officers. 1.2.2 Collaborate with other units or Number of times collaborated within departments or SOs participating in taskforce 4 divisions(i.e. homicide,vice, related to Catalytic Converter Theft. Collaboration means physically using law narcotics, etc.)within the taskforce enforcement resources, tactics and authority to perform activity on cases that draw department(s)where there were upon or aid in the investigation intended to further the resolution of any case, crimes involving catalytic converter identify parties to crime, identify vehicles, interview witnesses/suspects and theft. Include all participating apprehend suspects. Collaboration will include any help, recommendation, jurisdiction departments here. contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of Catalytic Converter Theft investigations. 1.2.3 Collaborate with all other outside LE Number of times collaborated with coverage area agencies or other law 6 agencies and other organizations that enforcement agencies and organizations that assist in the reduction of Catalytic assist in the reduction of Catalytic Converter Theft. Collaboration means physically using law enforcement resources, Converter Theft. Include all coverage tactics and authority to perform activity on cases that draw upon or aid in the jurisdictions here investigation intended to further the resolution of any case, identify parties to crime, identify vehicles, interview witnesses/suspects and apprehend suspects. Collaboration will include any help, recommendation, contribution or support requested from or provided to another unit or offered by the taskforce that aids in the furtherance of Catalytic Converter Theft investigations 1.2.5 Conduct intelligence information- Number of intelligence meetings attended (include attending as presenter, 24 sharing (Personal attendance) participant or attendee) 1.2.6 Conduct intelligence information- Crime analysis bulletins disseminated (include information distributed to law 16 sharing (Written information) enforcement agencies via text,e-mail, or intra-net communications) 1.2.7 Collaborate with other MVCPA Number of times collaborated with other MVCPA taskforces that assist in the 8 taskforces reduction in Catalytic Converter Theft 3 Goal 3: Educate/Train Citizens and Qualified Personnel in Detection and Prevention of Catalytic Converter Theft 3.1 Strategy 1: Conduct Public Awareness Related Activities Used to Educate Citizens 3.1.1 Conduct educational outreach events Number of outreaches 12 (include trade show, exhibits, booths at community events, vehicle displays, brochures, etc.) 3.1.2 Conduct educational presentations to Number of presentations. Presentation means in person, on-line, original written 12 the public document, article, or webpage. 3.1.4 Conduct vehicle identification Number of etching events. Including catalytic converters. 12 initiative/event 3.1.4.1 Conduct vehicle identification Number of Participants/Attendees Catalytic Converters Marked) initiative/event 3.1.5 Purchase advertisements in local Number of advertisements purchased or provided complimentary for taskforce. 10 outlets Include all types of media purchased or provided free(social, tv, utility inserts, billboards,transportation, etc.) 3.1.7 Utilize social media outlets (Facebook, Number of postings in social media outlets 36 Twitter, Instagram, etc.) 3.1.8 Deploy outdoor public notification Number of deployments per month (if sign remains several months, count as 1 10 signage deployment per month) 3.1.10 Conduct media outreach, including, Number of outreaches 6 public service announcements, press releases, and interviews 3.2 Strategy 2: Conduct Law Enforcement Training Activities to Educate Officers on Recognition and Apprehension of Stolen Vehicles and Property ID Activity Measure Target 3.2.1 Conduct law enforcement training Number of classes provided for TCOLE credit 1 (TCOLE) 3.2.3 Conduct vehicle crimes presentations Number of classes or presentations. Presentations may include electronic roll call 4 to law enforcement agencies(non documents, shift BOLOs and other written or presented materials based on local TCOLE) practices. Grant Evaluation 4.1 Describe the local method and/or practice used to collect the data for reporting Goals, Strategies, and Activities and to evaluate the grant program effectiveness. Describe management and staff participation. Include descriptions of systems(forms and software)that will be used to ensure reliable and accurate data is collected and reported. Describe any other evaluation methods used in the applicant agency to determine effectiveness or cost efficiency of the program. The program will be monitored and evaluated both numerically and financially throughout the duration of the grant year in addition to the data collection requirements.The scope of work will look as follows:The program manager and crime analyst will conduct a front- end evaluation of the program to determine prior catalytic converter crime rates. Based on findings, the program manager will meet with Taskforce management to set program goals and strategies accordingly.The Taskforce will work collectively to implement, analyze, and optimize grant activity for maximum program effectiveness.The methods used will include selecting three areas of the highest auto crime rates in the city during the remaining grant term:The target area will be selected at the end of the first month of the quarter.This will allow a time frame of data collection in month one, implementation of a concentrated effort of crime prevention through public awareness and proactive operations in month two, and evaluation of implementation in month three. Using crime mapping technology, the effects of the saturation on target areas and the city as a whole will be used in the evaluation to determine if auto crimes are actually being reduced or displaced to other areas. Data will be analyzed using ArcMap 10-ESRI, ILEADS, Excel and Powerpoint software. Reports will be generated for the Texas Motor Vehicle Crime Prevention Authority, Corpus Christi Police Department, City of Corpus Christi and other entities utilizing in house computer systems and software.As the program performs,the rates, goals and strategies will be monitored and recorded on a monthly basis by the crime analyst, investigative intake specialist, and program manager and will be compared to the same time frame of the previous year. Data will be compiled,which will then be validated with CCPD's central records division by means of UCR and NIBRS systems. Once verified, the crime analyst will convert the data into reports that will be regularly shared with Taskforce management and other agency staff as necessary. If any irregularities occur,the Taskforce commander will be notified immediately to determine the best course of action. If goals or strategies will be affected,the Taskforce commander will meet with Taskforce personnel to discuss strategies to redirect program resources that can correct the deficiency identified. Decision making will be validated with the authorized official, program director, and financial officer of the program.To monitor the financial aspects of the program,the program manager will compile monthly expenditure reports that will be compared to the financial data collected by the financial officer and his/her team.The collected data will then be verified by the grants and finance division of the City of Corpus Christi through standard accounting practice measures utilizing software such as Microsoft Excel and Infor Suite. Once validated,the Program Manager will compile the data into a report and share with the Taskforce Management Team. If any irregularities occur,the Taskforce commander will be notified immediately to determine the best course of action. If goals or strategies will be affected, the Taskforce commander will meet with Taskforce personnel to discuss strategies to redirect program resources that can correct the deficiency identified. Decision making will be validated with the authorized official, program director, and financial officer of the program.Throughout the grant term and at the conclusion of the year,the Taskforce will report the summative impact of this program on the citizens of Corpus Christi and the reduction of theft of catalytic converters. This evaluation will focus on two separate aspects of the program: PROGRAM STAFF: Program staff will be evaluated by management and will include ATTF investigators,the direct patrol officer,the NICB special agent and the team of civilians. Evaluations of staff will include the measurement of contributions to objectives documented in case activity sheets(records of activity performed)for investigators and the special agent, contact reports for the direct patrol officer, and public awareness tracker sheets for the civilian staff. Each grant objective is distributed evenly among personnel and evaluated on an individual basis based on job analysis. REACHED OBJECTIVES: Reached Objectives will be evaluated in an objective numerical counting format. Objectives will be monitored every month by the program manager.At the end of each month,the program manager will brief the Taskforce commander on progress towards these goals. If an objective is falling behind,the Taskforce commander will implement a strategy to correct the deficiency.The program cannot be evaluated as effective if performance activities do not meet established criteria.The objectives will be verified by a data analysis conducted by the crime analyst on the effectiveness of each objective in relation to the reduction of catalytic converter cases in that scope.The final report will summarize and include all the collected evaluation data. The information collected to complete the monthly reports is retrieved from our ILEADS confidential reporting management system. Information gathered and reported in ILEADS is validated by our central records division utilizing the NIBRS and UCR reporting guidelines.All financial data is recorded at the City of Corpus Christi Finance Department. Each component of the program works cohesively to meet all goals, strategies, and financial objectives of the program. 4.2 Provide any other suggested measures that would better reflect the law enforcement or prevention work that the proposed program will perform. If the suggested measure fits into one of the stated goals above please indicate. In coordination with its public awareness efforts,the Corpus Christi Auto Theft Task Force Program Manager will share with other MVCPA taskforces and MVCPA Staff as requested.Though there is no numerical goal associated with this effort,The Corpus Christi ATTF strongly believes that this work will greatly benefit not only its program, but the entire MVCPA agency. Furthermore, CC ATTF will continue its media attachments on quarterly progress reports, honing the previously displayed commended format. The task force will also look to assist other MVCPA agencies that request support on media relations. TxGMS Standard Assurances by Local Governments 12 We acknowledge reviewing the TxGMS Standard Assurances by Local Governments as promulgated by the Texas Comptroller of Public Accounts and agree to abide by the terms stated therein. File Upload Current Documents in folder Resolution.pdf(5/9/2024 8:19:35 AM) Supporting Documentation.pdf(5/9/2024 2:21:21 PM) Home —] I Print TxDMV-Wur-�A, ppri.tamu.edu©2017 se 0 0 PH o AGENDA MEMORANDUM NCORPO0.1¢ First Reading for the City Council Meeting of September 10, 2024 ss52 Second Reading for the City Council Meeting of September 17, 2024 DATE: August 16, 2024 TO: Mayor and Council FROM: Municipal Court Committee: Council Member Roland Barrera, Chair Council Member Sylvia Campos Council Member Michael Hunter Council Member Mike Pusley Ordinance removing Mariana Garza as municipal court part-time judge #4; and declaring an effective date. (Requires 2/3 Vote) CAPTION: Ordinance removing Mariana Garza as municipal court part-time judge #4; and declaring an effective date. (Requires 2/3 Vote) SUMMARY: Per the City Charter, Article II, Section 26, any person appointed by the City Council as a municipal court judge, presiding municipal court judge, assistant, substitute, full-time or part-time judge may be removed from office at any time by a two-thirds vote (six votes) of all members of the city council. BACKGROUND AND FINDINGS: The Municipal Court Committee met on July 24, 2024, and recommended the removal of the judge. ALTERNATIVES: The Council could choose not to remove the judge. FISCAL IMPACT: None Funding Detail: N/A Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: The Municipal Court Committee recommends that the ordinance be approved. It requires 2/3 affirmative vote (six votes) to pass. SUPPORTING DOCUMENTS: Ordinance Ordinance removing Mariana Garza as municipal court part-time judge #4; and declaring an effective date. (Requires 2/3 Vote) WHEREAS, pursuant to Texas Local Government Code §30.000085, a municipal judge of a home-rule municipality may be removed from office by the governing body for the reasons stated and by the procedures provided for the removal of judges in the charter of the municipality; WHEREAS, under Corpus Christi City Charter, Article II, Section 26 any person appointed by a city council as a municipal court judge, presiding municipal court judge, assistant, substitute, full-time or part-time judge may be removed from office at any time by a two-thirds vote of all members of the city council; and WHEREAS, the Texas Constitution, Texas Local Government Code, and Corpus Christi City Charter vests discretionary power in the City Council to remove a part-time judge. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The findings and recitations set out in the preambles to this Ordinance are found to be true and correct, and they are hereby adopted by the City Council of the City of Corpus Christi and made a part of this Ordinance for all purposes. SECTION 2. Mariana Garza is removed as municipal court part-time judge #4, ending her two-year term of office. SECTION 3. This ordinance takes effect immediately upon passage on second reading. Introduced and voted on the day of , 2024. PASSED and APPROVED by 2/3 vote on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 � S cl �o 0 � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 10, 2024 DATE: September 10, 2024 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief Bra ndonW(c)-cctexas.com (361) 826-3935 Josh Chronley, Assistant Director of Finance-Procurement JoshC2a-cctexas.com (361) 826-3169 Purchase of LifePak Cardiac Monitors and Accompanying Software Licenses and Preventative Maintenance for the Corpus Christi Fire Department CAPTION: Resolution authorizing the purchase of four additional LifePak cardiac monitors and accompanying software licenses and preventative maintenance services from Stryker Sales, of Kalamazoo, Michigan, for the Corpus Christi Fire Department for $311,160.68, with FY 2024 funding from the General Fund. SUMMARY: This resolution authorizes an agreement for the purchase of four additional LifePak cardiac monitors and accompanying software licenses and preventative maintenance services from Stryker Sales, LLC. The LifePak will be used by the Fire Department during Emergency Medical Service (EMS) calls. BACKGROUND AND FINDINGS: Cardiac monitors are critical medical devices used in emergency settings to continuously observe and display patients' heart activity, including heart rate and rhythm. Cardiac monitors can identify abnormalities and deliver electrical shocks (defibrillation) to restore normal heart function when necessary. The devices also enhance patient care by providing real-time data to EMS providers which helps facilitate timely interventions during cardiac emergencies. Cardiac monitors also allow EMS providers to provide hospitals with patients' electrocardiogram so that doctors and nurses can deliver appropriate care in an expeditious manner. Additionally, cardiac monitors are compatible with the web-based LIFENET System 5.0, which allows EMS providers to share critical patient data with various patient care teams at the hospitals. The devices also include CODE-STAT software, which allows EMS providers to analyze cardiopulmonary resuscitation (CPR) statistics that are used to provide targeted training and feedback for EMS personnel. The Corpus Christi Fire Department (CCFD) currently has 17 LifePak cardiac monitors. Fourteen of the LifePaks are assigned to frontline ambulances, two are assigned to the Ambus, and one is assigned to the Training Division for cadet instruction. The purchase of four additional LifePak cardiac monitors will be used to support the peak demand medic unit stationed at Fire Station 14. They will also be used to enhance readiness for disaster deployments, and to accommodate special events such as the Mayor's Big Bang Celebration, Buc Days Parade, and other events that require additional ambulances. Furthermore, the four additional LifePak cardiac monitors will function as backups if any of the current LifePak cardiac monitors require repairs. Below is a table displaying the 14 CCFD Fire Stations with front line medic units with LifePaks cardiac monitors. Station Address Medic Unit Council District 1 514 Belden, 78401 Yes 1 2 13421 Leopard St., 78410 Yes 1 3 1401 Morgan Ave., 78404 Yes 1 4 2338 Rodd Field Rd., 78414 No 4 5 3105 Leopard St., 78408 No 1 6 6713 Weber Rd., 78413 Yes 3 7 3722 S Staples St., 78411 Yes 2 8 4645 Kostor z Rd., 78415 Yes 2 9 501 Navigation Blvd., 78408 Yes 1 10 1550 Horne Rd., 78416 Yes 3 11 910 Airline Rd., 78412 Yes 4 12 2120 Rand Morgan Rd., 78410 Yes 1 13 1802 Waldron Rd., 78418 Yes 4 14 5901 S Staples St., 78413 Yes 3 15 14202 Commodores Dr., 78418 Yes 4 16 8185 State Hwy 361, 78418 No 4 17 6869 Yorktown, 78414 Yes 5 18 6226 Ayers St., 78415 No 3 The purchase of the LifePak cardiac monitors includes a seven-year warranty with preventative maintenance that includes a complete functionality run through on an annual basis, computer-aided performance inspection procedure to check for exterior physical damage and basic functionality, therapy testing, electrocardiogram performance testing, patient parameter function, data management and leakage current testing. This maintenance will ensure that the LifePaks are calibrated correctly and up to standard, along with software updates. The warranty also includes parts, labor, travel, and battery/charger replacement. PROCUREMENT DETAIL: This procurement is a direct purchase with Stryker Sales, LLC., of Kalamazoo, Michigan, under the Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the city's residents, and Local Government Code 252.022(a) (7) (a) items that are available from only one source because of patents, copyrights, secret processes, or natural monopolies. Lifepak monitor technology system units are manufactured by and available for purchase from Stryker Sales, LLC. ALTERNATIVES: The alternative is to not purchase the four additional LifePak cardiac monitors and to instead continue responding to EMS calls with the current available equipment. However, this will lead to more downtime for the existing cardiac monitors due to more frequent repairs and maintenance as a result of increased usage. FISCAL IMPACT: The fiscal impact for CCFD in FY 2024 is $311,160.68, which will be funded through the General Fund. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Department: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $311,160.68 RECOMMENDATION: Staff recommends approval of the resolution authorizing the purchase of four LifePak cardiac monitor technology system units for the Corpus Christi Fire Department with Stryker Sales, LLC., as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Price Sheet Resolution authorizing the purchase of four new Lifepak cardiac monitors, software licenses, and preventative maintenance services from Stryker Sales, LLC, of Kalamazoo, Michigan, for the Corpus Christi Fire Department for $311,160.68, with FY 2024 funding from the General Fund. WHEREAS, the Fire Department needs prompt and reliable life-saving equipment to deliver emergency services; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only 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. 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 all documents necessary to secure the purchase of four cardiac monitors and for the Corpus Christi Fire Department with Stryker Sales, LLC, of Kalamazoo, Michigan, in an amount not to exceed $311 ,160.68, 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 Price Sheet Contracts and Procurement Purchase of Lifepak monitors for CCFD Senior Buyer: Marco Lozano Sole Source Sec. 252.022.(a)(2)(7)(A) Stryker Sales, LLC - Kalamazoo, Michigan ITEM DESCRIPTION QTY. UNIT7 TOTAL LP35 EQUIPMENT 1 LP35,EN-US,MAS-SP/CO,MED-CO2,SUN- 4 $ 51,400.00 $ 205,600.00 NIBP,12L,WIF1/CELL/LN/CPRIN,STD,BT 2 CHARGER, BATTERY, LP35 4 $ 3,000.00 $ 12,000.00 3 POWER CORD,C13 ST,1 OFT,HOSPITAL GRADE 4 $ 108.00 $ 432.00 4 IBATTERY, LI-ION, WITH IFU, LP35 8 $ 1,000.00 $ 8,000.00 5 NIBP Cuff-Reusable, Infant 4 $ 30.00 $ 120.00 6 NIBP Cuff-Reusable, Child 4 $ 34.00 $ 136.00 7 NIBP Cuff-Reusable, Large Adult 4 $ 47.00 $ 188.00 8 NIBP Cuff-Reusable, Adult X Large 4 $ 67.00 $ 268.00 9 LIFEPAK 15 NIBP Straight Hose, 6' 4 $ 100.00 $ 400.00 10 RD SET DCIP, Pediatric Reusable Sensor, 1/box 4 $ 404.00 $ 1,616.00 11 RD SET DCI, 3ft. Adult Reusable Sensor, 1/box 4 $ 404.00 $ 1,616.00 12 LNCS-II rainbow DCI 8? SpCO, Adult Reusable 4 $ 859.00 $ 3,436.00 Sensor 13 LNCS-II rainbow DCIP 8? SpCO, Pediatric Reusable 4 $ 945.00 $ 3,780.00 Sensor 14 KIT, SHOULDER STRAP, LP35 4 $ 75.00 $ 300.00 15 KIT, STORAGE BAGS, LP35 4 $ 600.00 $ 2,400.00 16 IASSY, CABLE, ECG, 15 LEAD, 3 WIRE PRECOR 4 $ 120.00 $ 480.00 17 KIT, PRINTER, LP35 4 $ 3,000.00 $ 12,000.00 18 KIT, MODEM, NA, LP35 4 $ 1,500.00 $ 6,000.00 19 Lifepak35 for LP35,EN-US,MAS-SP/CO,MED- 4 $ 11,816.70 $ 47,266.80 CO2,SUN-NlBP,12L,WlFl 20 JEMS LIFENET PRO TIER 1 1 425 $ 425.00 SUB TOTAL $ 306,463.80 Shipping $ 4,696.88 GRAND TOTAL $ 311,160.68 stryker LP35 Quote (Mid Config) Quote Number: 10954404 Remit to: Stryker Sales,LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Version: 1 Prepared For: CORPUS CHRISTI FIRE DEPT Rep: Tim Garza Attn: Email: tim.garza@stryker.com Phone Number: Quote Date: 07/23/2024 Expiration Date: 10/21/2024 Delivery Address Sold To-Shipping Bill To Account Name: CORPUS CHRISTI FIRE DEPT Name: CORPUS CHRISTI FIRE DEPT Name: CITY OF CORPUS CHRISTI Account#: 20042927 Account#: 20042927 Account#: 20036399 Address: 2406 LEOPARD ST FL 3 Address: 2406 LEOPARD ST FL 3 Address: POBox 9277 CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI Texas 78408-3720 Texas 78408-3720 Texas 78469-9277 Equipment Products: # Product Description . _- Total 1.0 70335-000042 LP35,EN-US,MAS-SP/CO,MED-CO2,SUN-NIBP,12L,WIF1/ PCE 4 $51,400.00 $205,600.00 CELL/LN/CPRIN,STD,BT 2.0 11140-000102 CHARGER,BATTERY,LP35 PCE 4 $3,000.00 $12,000.00 3.0 11140-000131 POWER CORD,C13 ST,10FT,HOSPITAL GRADE PCE 4 $108.00 $432.00 4.0 11335-000001 BATTERY,LHON,WITH IFU,LP35 PCE 8 $1,000.00 $8,000.00 5.0 11160-000011 NIBP Cuff-Reusable, Infant PCE 4 $30.00 $120.00 6.0 11160-000013 NIBP Cuff-Reusable,Child PCE 4 $34.00 $136.00 7.0 11160-000017 NIBP Cuff-Reusable,Large Adult PCE 4 $47.00 $188.00 8.0 11160-000019 NIBP Cuff-Reusable,Adult X Large PCE 4 $67.00 $268.00 9.0 21300-008159 LIFEPAK 15 NIBP Straight Hose,6' PCE 4 $100.00 $400.00 10.0 11996-000455 RD SET DCIP,Pediatric Reusable Sensor,1/box PCE 4 $404.00 $1,616.00 11.0 11996-000456 RD SET DCI,3ft.Adult Reusable Sensor, 1/box PCE 4 $404.00 $1,616.00 12.0 11996-000519 LNCS-II rainbow DCI 8?SpCO,Adult Reusabe Sensor PCE 4 $859.00 $3,436.00 13.0 11996-000520 LNCS-II rainbow DCIP 8?SpCO,Fediatric Reusable PCE 4 $945.00 $3,780.00 Sensor 14.0 11260-000073 KIT,SHOULDER STRAP,LP35 PCE 4 $75.00 $300.00 15.0 11335-000008 KIT,STORAGE BAGS,LP35 PCE 4 $600.00 $2,400.00 16.0 11111-000041 ASSY,CABLE,ECG,15 LEAD,3 WIRE PRECOR PCE 4 $120.00 $480.00 1 This is not an Invoice stryker LP35 Quote (Mid Config) Quote Number: 10954404 Remit to: Stryker Sales,LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Version: 1 Prepared For: CORPUS CHRISTI FIRE DEPT Rep: Tim Garza Attn: Email: tim.garza@stryker.com Phone Number: Quote Date: 07/23/2024 Expiration Date: 10/21/2024 .# Product LA Description ' U/M Qty Sell Price _ otal 17.0 11335-000005 KIT,PRINTER,LP35 PCE 4 $3,000.00 $12,000.00 18.0 11150-000020 KIT,MODEM,NA,LP35 PCE 4 $1,500.00 $6,000.00 Equipment Total: $258,772.00 Trade In Credit: Product Description , Qty Credit Ea. Total Credit ProCare Products: Product Description Qty Sell Price Total - 20.1 LIFEPK35-FLD-PRO Lifepak35 for LP35,EN-US,MAS-SP/CO,MED-CO2,SUN-NIBP,12L,WIFI/ 4 $11,816.70 $47,266.80 CELL/LN/CPRI N,STD,BT 0912312025-0912212031 v Parts,Labor,Travel v Preventative Maintenance v Batteries Service ProCare Total: $47,266.80 Data Solutions: # Product Description ! Qty Sell Price Total qqv 19.0 81000001 EMS LIFENET PRO TIER 1 1 $425.00 $425.00 Data Solutions Total: $2,125.00 Price Totals: Estimated Sales Tax(0.000%): $0.00 Freight/Shipping: $4,696.88 Grand Total: $311,160.68 2 This is not an Invoice stryker LP35 Quote (Mid Config) Quote Number: 10954404 Remit to: Stryker Sales,LLC 21343 NETWORK PLACE CHICAGO IL 60673-1213 USA Version: 1 Prepared For: CORPUS CHRISTI FIRE DEPT Rep: Tim Garza Attn: Email: tim.garza@stryker.com Phone Number: Quote Date: 07/23/2024 Expiration Date: 10/21/2024 Prices: In effect for 30 days Terms: Net 30 Days Terms and Conditions: Deal Consummation: This is a quote and not a commitment. This quote is subject to final credit, pricing, and documentation approval. Legal documentation must be signed before your equipment can be delivered. Documentation will be provided upon completion of our review process and your selection of a payment schedule. A copy of Stryker Medical's terms and conditions can be found at https://techweb.stryker.com/Terms_Conditions/index.htm]. 3 This is not an Invoice stryker August 2024 Stryker is the sole-source provider in the Hospital(hospitals and hospital-owned facilities),Emergency Response Services and Emergency Response Training(paramedics,professional and volunteer fire)markets in the U.S.for the following products: • New LIFEPAK®35 monitor/defibrillators • New LIFEPAK®15 monitor/defibrillators • New LIFEPAK 20e defibrillator/monitors • New LIFEPAK CR2 automated external defibrillators • New LIFEPAK CR2 cellular automated external defibrillators • New LIFEPAK 1000 automated external defibrillators • New LUCAS®chest compression system • CODE-STATT"data review software and service Stryker is the sole-source provider in all markets for the following products and services: • RELITM (Refurbished Equipment from the Lifesaving Innovators)devices • LIFENET®system and related software • ACLS (non-clinical)LIFEPAK defibrillator/monitors • LIFELINKcentraIT"Government Campus Solution • MultiTech 4G and Titan III gateways • Factory-authorized inspection and repair services which include repair parts,upgrades,inspections and repairs. Stryker does not authorize any third parties to sell these products or services in the markets listed above.We will not fulfill orders placed by non-authorized businesses seeking to resell our products or services.If you have questions,please feel free to contact your local Stryker customer service representative at 800.442.1142. Sincerely, Matt Van Der Wende,Vice President,Americas Sales Copyright©2024 Stryker EC-GSNPS-COMM-1157704 REV-1 en us Stryker or its affiliated entities own,use,or have applied for the following trademarks or services marks:LIFELINKcentral,LIFEPAK,LUCAS,CODE-STAT, RELI,LIFENET,Stryker.All other trademarks are trademarks of their respective owners or holders.The absence of a product,feature,or service name,or logo from this list does not constitute a waiver of Stryker's trademark or other intellectual property rights concerning that name or logo. Emergency Care 11811 Willows Road NE,Redmond,WA 98052 USA I P+1 425 867 4000 1 Toll-free +1 800 442 1142 1 stryker.com se 0 0 U NCORPO0.1¢ AGENDA MEMORANDUM ss52 Action Item for the City Council Meeting of September 10, 2024 DATE: September 10, 2024 TO: Peter Zanoni, City Manager FROM: Nicholas Winkelmann, P.E. Director of Water Systems and Support Services NickW(a-cctexas.com (361) 826-1853 Josh Chronley, Assistant Director of Finance & Procurement Joshc2(a)cctexas.com 361-826-3169 Utility Bill Printing, Mailing and Insert Printing Services CAPTION: Motion authorizing execution of a one-year service agreement, with four one-year options, with USIO Output Solutions, Inc., of San Antonio, in an amount not to exceed $925,670.00, with a potential up to $4,628,350.00 if options are exercised, for utility bill printing, mailing and insert printing services for Corpus Christi Water, with FY2024 funding of $77,139.16 from the Water Fund. SUMMARY: This motion authorizes a one-year service agreement with four one-year options for utility bill printing, mailing and insert services. BACKGROUND AND FINDINGS: The Utility Billing Office (UBO) is managed by Corpus Christi Water and provides monthly utility billing for water, wastewater, gas, solid waste, and stormwater services. The UBO division consists of resolutions specialists, billing specialists, supervisory, and quality assurance staff. A service provider is utilized for printing, folding, processing, and mailing of the City's utility bills, delinquent notices, and inserts. The contract for this service also includes electronic archiving of these bills which are accessible by authorized city staff. Each month approximately 108,000 utility bills and 15,000 delinquency notices are prepared and mailed utilizing these contracted services. PROCUREMENT DETAIL A Request for Proposal (RFP) was issued for a new service agreement for utility bill printing, mailing and insert printing services. The city received five proposals which were evaluated by the City's evaluation committee. The evaluation committee was comprised of five members from the IT and Corpus Christi Water Departments. The Request for Proposal committee evaluated all aspects of the company's current capabilities and correspondingly assigned an appropriate point score as part of the selection process. Each proposer had the potential to earn one hundred points which were divided into different categories culminating the overall score. These categories consisted of technical qualifications which had a possibility of 50 points, the interview which had a possibility of 25 points, pricings which had a possibility of 15 points, and local preferences which had a possibility of 10 points. Final scores were tabulated for each firm to determine the service provider offering the best value to the city for utility bill printing, mailing and insert printing services. The selection committee recommends the award to USIO Output Solutions, Inc., of San Antonio. They are the vendor that submitted the most competitive proposal and received the highest overall score of 83.4 out of 100 points. The processing facility for USIO is in San Antonio with Municipal utility billing comprising 49% of their overall business which includes many medium and small-size cities in Texas. USIO is the current service provider and has performed very well. The box below shows cost comparison of the previous contract and the new cost proposal. Item USIO Output USIO Output Variance in Variance in Solutions, Inc. Solutions, Inc. Dollars Percent 2018 -1 year 2024 — 1 year Utility Bill $886,886.48 $925,670.00 $38,783.52 4.4% Printing, Mailing and Insert Printing Services ALTERNATIVES: City Council could choose not to award the contract to USIO. Not awarding the contract for these services would disrupt the operation and critical functions of the Utility Billing Office and require the issuance of another RFP. FISCAL IMPACT: The fiscal impact for the Water Fund in FY 2024 is $77,139.16. Funding Detail: Fund: 4010 Water Fund Organization: 30010 Utility Water Office Department: 45 Water Project # (CIP Only): Activity: Account: 530000 Professional Services RECOMMENDATION: Staff recommends approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Evaluation Matrix Service Agreement RFP No.5842 Utility Printing Services Summary Evaluation Matrix Sr.Buyer- Cynthia Perez Proposal Evaluation Score USIO Infosend KUBRA SPM Doxim MINIMUM QUALIFICATIONS (PASS/FAIL) Pass Pass Pass Pass Pass Required three years in business ! / 1 Pass Pass Pass Pass No material lawsuits during last 5 years 1'4Sf4j%- Pass Pass Pass Pass No material regulatory issues last 5 years { Pass Pass Pass Pass References Provided for firm ta15/ j,. Pass Pass Pass Pass Minimum Qualifications Pass/Fail Pass Pass Pass Pass Fail Local Preference 10.0 Points 0.0 0.0 0.0 0.0 0.0 Technical Proposals 50.0 Firms'Experience 10.0 9.2 8.6 6.7 5.8 N/A Teams'Experience 10.0 8.8 5.6 5.9 5.0 N/A Understanding of Project Scope 30.0 28.1 26.3 18.8 11.3 N/A Subtotal Technical Proposal 50.0 46.1 40.5 31.4 22.0 N/A Competitive Range Subtotal 60.0 46.1 40.5 31.4 22.0 N/A Interview 25.0 22.9 19.9 0.0 0.0 N/A Firms'Experience 5.0 5.00 4.69 0 0 0 Team Identification 10.0 8.75 7.50 0 0 0 Understanding of Project Scope 10.0 9.16 7.70 0 0 0 PRICING 15.0 14.4 13.7 N/A Cost 15.0 14.4 13.7 Total 100.0 83.4 74.0 31.4 22.0 N/A �pV SC 0 > SERVICE AGREEMENT NO. 5842 U Utility Bill Printing, Mailing and Insert Printing Services NO RPON Af 1852 THIS Utility Bill Printing, Mailing and Insert Printing Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and USIO Output Solutions, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Utility Bill Printing, Mailing and Insert Printing Services in response to Request for Bid/Proposal No. 5842 ("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 Utility Bill Printing, Mailing and Insert Printing Service ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to four 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. Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 3. Compensation and Payment. This Agreement is for an amount not to exceed $925,670.00, 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: Margaret Morin Department: Corpus Christi Water Phone: (361 ) 826-3628 Email: MargaretP@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 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 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: Margaret Morin Title: Utility Business Office Manager Address: 1201 Leopard Street, Corpus Christi, Texas 78401 Phone: (361) 826-3628 Fax: (361) 826-3174 IF TO CONTRACTOR: USIO Output Solutions, Inc. Attn: Sy Green Title: SVP Address: 2416 Brockton Street, Suite105, San Antonio, Texas 78217 Phone: (210) 826-4994 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Fax: (210) 249-4130 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 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 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 CONTRACTOR Signature: Z&L Printed Name: Sy Green Title: Senior Vice President Date: August 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 l : RFB/RFP No. 5842 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 Attachment A - Scope of Work 1.1. General Requirements 1 . The Contractor is responsible for receiving and processing daily data file transfer, printing, and folding of bills and inserts, envelope inserting, presorting, metering, and mailing. Inserts are to be printed directly from industry-standard electronic files (e.g., Adobe, Photoshop, Illustrator, InDesign, PDF) on uncoated or coated paper and are mailed with utility bills. 2. Daily production averages approximately 108,802 monthly bills and 14,974 delinquency monthly bills. A billing schedule will be provided to the Contractor monthly, which includes but not limited to delinquent notices, E-Bills and cancel/rebills. Currently, there are 20 billing cycles and 20 delinquent notice cycles generated daily based upon due date. Billing cycles may contain a minimum of 6,000 to a maximum of 21 ,000 items. 3. The Contractor shall facilitate a re-design of the current utility bill form, front and back pages, working in conjunction with city staff. The purpose of the re-design is to make the utility bill more customer friendly. 4. The Contractor shall provide a high quality, accurate and timely printed bill for the City's utility customers. 5. The Contractor shall obtain the lowest possible postage costs throughout the contract term. The Contractor shall provide USPS CASS (US Postal Service Coding Accuracy Support System) certification and correcting of zip code and delivery information as necessary prior to printing. Contractor will assume liability of any penalties assessed for any erroneous bar coding. 6. The Contractor shall describe and provide details of the firm's qualifications and experience to perform this work (including expertise, training, certifications, licenses, etc.). Include a sample of printing, and list of references with the company name, contact information, and address. 7. Describe the organization, main areas of business, equipment availability, and resources for performing service to the City. 1.2. Scope of Work A. General Services 1 . The City of Corpus Christi will provide data to the Contractor. 2. The Contractor shall provide security of information and supervision from start to finish. RFP Template 03/15/2022 3. The Contractor shall house envelopes in a climate-controlled environment. 4. The current software is Infor Public Sector. 5. The Contractor shall accept electronic data transmissions 24/7. 6. The Contractor shall perform custom programming, to modify the bill format as requested. 7. The Contractor shall have an emergency/disaster recovery plan to avoid out- of-service situations. Types of emergencies would include, but are not limited to, Acts of God, system failure, strikes by Contractor employees, strikes by Contractor supplier, acts of terrorism and electrical outage. The plan will include a 48-hour turnaround. Please describe your plan. 8. The Contractor shall provide a web service or a type of Application Program Interface to allow for the extraction of statements for automation purposes and displaying content line. This web service or Application Program Interface shall provide methods to pull individuals statements by bill date and account number and will allow for the statements to be returned to the client in a file or provide a URL to the statement online. Minimally, 12 months of statement data should be available via this web service or Application Program Interface. The city requires SFTP as a file transfer protocol. 9. Contractor shall not outsource any of its work regarding City of Corpus Christi information to a third party and/or subcontractor. IO.The City of Corpus Christi will require proposals to include a secure data management plan. a. The Contractor is required to integrate data protection methods to guarantee data security that adhere to an industry standard cyber security framework. Provisions are required to be put in place to safeguard sensitive data, even in instances of unauthorized access. The system is required to comply with all applicable federal and state data protection and privacy laws. Additionally, the Contractor is required to have an audit trail to monitor data access and alterations, aiding in adherence of the secure data management plan. b. The Contractor is required to show a dedication to preserving the confidentiality, integrity, and accessibility of City confidential data during transmission, processing and at rest. The Contractor is required to encompass a comprehensive strategy to conduct security audits to continually assess and improve the security safeguards of the system and notify the City of a security compromise and/or breach. RFP Template 03/15/2022 B. Daily Transmission of Electronic Data 1 . XML output files will be provided by the City. All calculations are included in the XML file. 2. The Contractor shall provide a secure electronic means for file transmission. 3. The Contractor shall confirm receipt of the file daily by noon, local time, via a return email to the person transmitting the file when the file is received. 4. The Contractor shall provide a report daily when the file has been processed for printing. The report will include billing cycles, number of pulled bills, and account classes. Also included in the report shall be the amount of postage charges for the billing including number of pieces of mail and postage rate classes. Parameters may be subject to change. 5. Data may be transmitted by the city in multiple files throughout the day. Files received by the Contractor prior to noon, local time, will be processed and mailed the same day. 6. The Contractor must be able to process multiple data files that all contain data related to the same batch upload. 7. The Contractor must have at least four full-time programmers on staff who can perform complex implementations and transform into modern-looking bills. Programmers must have the ability to work around limitations during document processing. 8. The Contractor must backup all client document processing programs at least once per week and perform monthly backups. Contractor must be able to restore a backup copy if a live document processing application has any sort of issue that makes restoring to backup necessary. 9. The Contractor must provide a web-based interface to: o Track the status of job types through the production process o View reports o Manage inserts o Process exception or special handling of documents o Manage ad hoc messages displayed on job output o Upload test files o Contact Contractor customer service 10.The Contractor must provide City the ability to view and approve sample bills online before they are printed and mailed. Included with the sample bills must be a summary of the total counts of printed bills, suppressed bills, and a count of any inserts included with the batch. RFP Template 03/15/2022 1 1 .The Contractor must mail documents the same day of receipt of file transfer. 12.The Contractor must have the capability to suppress the printing of bills and/or envelopes for certain customers, based on agency requirements. Suppression could be on a one-time or ongoing basis. 13.The Contractor must provide an interface that will allow agency to update requirements for bill messages and bill inserts on an ad-hoc basis. Interface must allow the City to include/exclude inserts and messages based on City requirements including customer type, account number, or other parameter within the data file. 14.The Contractor must have in place and provide as part of the Proposal a comprehensive Quality Control plan for ensuring the data, printing and mailing is error free. 15.The Contractor must provide a process of "pulling" a bill from live production file. Contractor must indicate in the Proposal whether fees apply. 16.The Contractor must provide a daily with date and timestamp of each individual inserted piece. Please provide a sample file with submission. 17.The Contractor must have mailing equipment that can keep track of mail piece sequencing to prevent mailing errors and explain how redundancy is achieved in the event of equipment failure at the facility. Please provide a sample file with submission. 18.The Contractor must be able to optionally print 8.5xl 1 " inserts "on demand". These inserts must print in line with the bills and letters as additional pages and folded and inserted by the mail inserter instead of being printed and folded separately. On demand insert printing should be available to support simplex and duplex printing, black or grayscale printing, and full color printing. 19.The Contractor must print variable information in full color. Printing must be done on full-color printers. o The Contractor must be able to archive as PDF files, or document images. PDF images must be available on the same day that data files are processed. At least 12 months of bills need to be available. o The Contractor must supply an online interface to City to view the document images produced. Must be capable of indexing at least 5 data fields for searching via online interface. Contractor must provide details about the interface capabilities. C. Bill Formatting The Contractor will provide the following information on each bill: RFP Template 03/15/2022 1 . Pro-rated amounts for items such as new rates, partial months, etc. 2. A defined graph to indicate usage to reflect for water services, gas services, and irrigation services. 3. Any payment plan amounts. 4. A designation of defined bills but not limited to, current bill, final bill, corrected bill and notice of delinquency. 5. Amount Due total must match total of line items. 6. A message center notification area. Messaging will be provided via email with direct text or attachment containing message. 7. The top portion of the bill shall be for customer retention and shall contain billing information. 8. The bottom shall be perforated to produce a return stub to be returned by customer with payment. 9. Postal bar codes and OCR A scan line is required. 10.Change of statement notice and delinquency notice design, unlimited per year, at no charge. D. Envelope Requirements The Contractor will provide the following envelopes: 1 . Mail out envelopes. The envelopes that will be used to mail the bills and delinquent notices shall include the City logo and a return address and the envelope must be windowed. 2. The ancillary endorsement "Return Service Requested" option will be mandated. The process communicates to the USPS the City of Corpus Christ expects the USPS to return any mail pieces that require an address change with the new address information applied to the mail piece. This allows for City of Corpus Christi to apply the change to their address in the database and re- process the account. 3. Return envelopes. Return envelopes are included inside the mail out envelope with the bill to allow customers to return payments. Return envelopes must be #8 5/8 windowed envelopes. The envelope will also have a "don't forget" message printed on the backside of the envelope and a sample of this language will be provided by the City. The glue on the envelope flap must extend from end to end of the closure flap for proper sealing. RFP Template 03/15/2022 4. Bulk envelopes. Bulk envelopes are used to mail bills to customers such as apartment complexes who have multiple accounts going to the same address in a single envelope. E. A1212roval of Forms and Envelope Orders 1 . The City will approve print stock and envelopes. Any changes during the term of the contract will require City approval. 2. Bill proofs shall be provided to the City for approval prior to first printing and at any time a change in format is made. 3. All artwork remains the property of the City of Corpus Christi. F. Data Processing and Mail Preparation 1 . The Contractor shall selectively exclude bill types from printing (PULL BILLS, EBILL, CITY, PARK AND STATE USE) and others identified in the file. 2. The Contractor must provide the NCOA (National Change of Address) link service. 3. The Contractor must be able to provide proof of delivery to the USPS on an as- requested basis. 4. The Contractor must be able to match multiple bills destined to the same customer and mailing address in the same batch. Matched bills must be inserted into one appropriate size envelope and metered first-class separately, and delivered to the USPS at the same time as all other bills are delivered. Upon request, send certified mail for single or multiple billing statements to an identified location. 5. The Contractor must be able to optionally provide outbound USPS tracking data for individual mail pieces. Contractor must provide an interface in its online account management portal to facilitate searching for and viewing tracking data for individual mail pieces. The tracking data source must come from the USPS (IMb-Intelligent Mail Barcode Tracing data). 6. The Contractor must provide an email confirming receipt of file transmission for data processing. 7. The Contractor must provide daily production confirmation reports. This report should contain the following details, at a minimum: o Number of bills received for processing o Number of bills printed o Number of suppressions o Postage presort breakdown including actual rates RFP Template 03/15/2022 o Inserts used and inserted counts o Total dollar value of bills contained in data file 8. The Contractor must provide an NCOA or ACS Move update report that includes customer name, account number, previous address, updated (new) address. 9. The Contractor must have Coding Accuracy Support System (CASS) certification to ensure the lowest possible postage costs. 10. Bills going to the same mailing address are to be inserted up to three into the standard mail-out envelope or four or greater for stuffing into one bulk envelope. 1 1 .All outgoing mail shall conform to postal requirements for automated processing. 12. Provide the ability for the City to pull bills and delinquent notices, no later than noon, local time, if needed. 13. Have designated bills, but not limited to, all pulled statements, cancel/rebill statements, and final statement sent directly to the City before 3:00 PM, instead of being mailed to the individual customers. G. Bill Printing 1 . The Contractor shall utilize high quality print, with two colors, preferred color teal/black to be used, and double-sided capability. 2. The Contractor shall use a minimum of 20-pound bond paper for bills and inserts. 3. No postcards will be utilized for billing purposes. H. Insert Printing 1 . The Contractor must be able to provide a one- or two-sided insert, with the option of up to four color imprint. Pricing Sheet provides estimate of a monthly number to be printed. Sizes are as follows: • Small - 8'/2" x 3'/2" • Medium - 8'/2 x 5'/2" • Large - 8'/2x 11 " I. Utility Bill Folding and Inserting 1 . Contractor shall fold statement to fit mail out or bulk envelope, as appropriate. RFP Template 03/15/2022 2. The Contractor's equipment must have multiple page and selective inserting capabilities. J. Typical bills include the statement, a return envelope, and up to two additional inserts. Mailing 1 . The Contractor will process, and mail bills received by noon, local time, from the City the same day they are received. 2. The Contractor shall provide a postage usage report monthly. Usage information will be utilized by the City of Corpus Christi to adjust the monthly postage check amount as needed. 3. The Contractor must provide confirmation of all bills processed and mailed on bill run days. K. Access to Electronic Bill and Notice Images 1 . The Contractor shall provide access for City staff via password secured internet site to exact replicas of customer bills in PDF format for a period of 12 months. After 12 months, Contractor must purge all electronic data. 2. The Contractor shall provide search capability based on account number, date and date range and bill number. 3. The Contractor shall have the capability to email bill image from the Contractor's site. 4. The Contractor shall provide PDF images of each statement processed after mailing is completed. L. Invoicing 1 . The Contractor shall invoice monthly. Invoicing must include itemized postage for a number of daily mail outs and daily postage rates. 2. The Contractor shall only invoice for work completed. 3. The Contractor shall provide a separate invoice for insert printing. 4. The Contractor shall itemize the services provided in accordance with the contract price sheet. 5. The Contractor shall list the number of bills printed for the period on the invoice. 6. The cost shown must be all-inclusive of any applicable charges - i.e. including equipment, materials, delivery, labor, overhead, direct cost, indirect cost, RFP Template 03/15/2022 travel, equipment, supplies, programming and profit necessary to achieve the scope of services. 7. The Contractors are advised that the City needs proposers to define costs on a per month basis plus implementation costs. Proposers are also advised to include a sample invoice. Invoices need to be sent the following month for the previous month's activity. Contractors are advised also that they will need to write the programming for real-time integration and coordinate with city staff. M. Warranty The Contractor is responsible for all costs associated with errant printing and mailing of bills that are at no fault of the City. N. Sample Documents Please see attached sample documents that illustrate acceptable samples of the various documents described in this scope of work. Subject to change periodically. 1.3. Timeline and Implementation A. Timeline and Implementation 1 . Contractor will work with the Contract Administrator or Designee to coordinate between the City of Corpus Christi Utility Billing Office (UBO) staff members for all development, formatting bill, XML. RFP Template 03/15/2022 Bill Sample CITYOF Account Name: o Monthly Statement of Utility Services CORPUS City of Corpus Christi Account Number: \° P.O.Box 9257•Corpus Christi,TX 78469-9257 Statement Date: 3/15/2024 ,Bbm CHRISTI (361)826-CITY•www.cetexas.com Due Date: 4/5/2024 Page: Page 1 of 2 INFORMATION ACCOUNTSUMMARY Account Name: PREVIOUS BALANCE $90.73 Account Number: TOTAL PAID SINCE LAST BILL -$90.73 Service Address: NEW CHARGES Account Type: SINGLE WATER $12.02 Invoice Number: 8415045 RWCA$1.12/TGAL $1.12 Cycle: 13 TOTAL WATER $13.14 QUESTIONS ABOUTYOUR WASTE WATER $33.58 TOTAL WASTEWATER $33.58 Utility Billing Office Call Center STORM WATER FEE $8.84 Monday- Friday: TOTAL STORMWATER FEES $8.84 8:00am-5:00pm SOLID WASTE (GARBAGE) $25.73 (361)826-CITY(2489) TAX $2.12 WWW.CCTEXAS.COM TOTAL SOLID WASTE $27.85 IMPORTANT MESSAGES NEW CHARGES DUE BY 4/5/2024: $83.41 As of February 29,2024,the City of Corpus Christi remains AMOUNT DUE under Stage 1 water restrictions. PLEASE ALLOW 5 BUSINESS DAYS BEFORE DUE DATE TO ENSURE PROPER CREDIT. • Stage 2 water restrictions could be implemented by the end of March 2024. • Visit www.cctexas.com or follow Corpus Christi Water on Facebook for the latest water restriction information. The City's Inner Harbor Seawater Desalination Treatment Plant is a promising water solution that will relieve water scarcity for Corpus Christi Water customers across seven counties of the Coastal Bend.World-renowned experts continue working with Corpus Christi Water to ensure seawater intake and return flow are handled in an environmentally responsible manner.Visit www.desal.cctexas.com for more information. KEEP TOP PORTION FOR YOUR RECORDS AND RETURN BOTTOM STUB WITH YOUR PAYMENT. � � �, Service Address: o CITYOF = Cycle-Route #: 13-63 H CORPUS �.® CHRISTI 4/5/2024 $83.41 Mesa P.O. Box 9257•Corpus Christi,TX 78469-9257 _ If payment is received after the due date,a five percent penalty will be assessed. (361)826-CITY•www.cctexas.com AMOUNT ENCLOSED $ Working to Serve YOU Better. MAKE CHECKS PAYABLE TO: CITY OF CORPUS CHRISTI 8591 BATCHI 1 WKi;, CITY OF CORPUS CHRISTI ffM Address PO BOX 659880 CORPUS CHRISTI TX 78415-2462 SAN ANTONIO TX 78265-9143 200823160000083410 U6C C I Account Name: I I F Monthly Statement of Utility Services CORPUS City of Corpus Christi Account Number: P.O.Box 9257-Corpus Christi,TX 78469-9257 Statement Date: 3/15/2024 gsa CHRISTI o61)826-CITY•www.octexas.com Due Date: 4/5/2024 Page: Page 2 of 2 METER INFORMATION CONSUMPTIONHISTORY SERVICE PERIOD: 2/11/2024-3/12/2024 30 days 5 Meter ID:WT00005819 Meter Service Current Previous Consumption 4 ID Type Read Read 3/12/2024 3 WT00005819 WA 209 208 1 2 TT 0 Oct Nov Dec Jan Feb Mar Moving or Discontinuing your Services? To stop or change utility services, please call Customer Call Center (361) 826-CITY(2489) ——————————————————————— * ------------------------- PLEASE HELP US TO SERVE YOU BETTER ■ DO NOT SEND CASH ■ Enclose your stub with your check ■ Sign your check or money order ■ No Staples, No Paper Clips ■ Write account number on your check ■ Thank you for your assistance ----------------------- * ------------------------- OPTIONS AVAILABLE TO PAY YOUR BILL ■ Mail payment along with stub in return envelope provided. ■ Bank Draft available via Dynamic Portal at www.ectexas.com. ■ Online Payment-Register via Dynamic Portal at www.cctexas.com available 24/7. ■ By phone 24/7 with a credit or debit card at 361-885-0751. ----------------------- * ------------------------- AUTHORIZED PAY STATIONS All local HEB locations Please allow 2 business days before due date to ensure proper credit. ----------------------- * ------------------------- Delinquent Notice Example CITYOF CORPUS City of Corpus Christi o C H RI STI P 0.Box 9257-Corpus Christi,TX 78469-9257 (361)826-CITY-www.cctexas.com Sa52 DISCONNECT NOTICE 1111 BATCHI 1 Past Due Amount: $562.77 CORPUS CHRISTI TX 78415 Disconnect Date After: 04/26/2024 Notice Date: 04/12/2024 Account Number: - Request a Payment Arrangement by visiting cctexas.com YOUR UTILITY ACCOUNT REQUIRES ATTENTION Payment of$562.77 must be received or payment arrangements made by 04/26/2024 to avoid disconnection of service**. If the disconnect date falls on a holiday or weekend, the disconnect date will be moved to the next working business day. **In the case of a vacant, or Storm Water Only property, disconnection of services may not occur. Please reach out to the Storm Water Hotline(361) 561-1100 to leave a message and our team will reach out to assist. Accounts with late payments, returned checks, or disconnects for nonpayment may be subject to a deposit to continue or reconnect service. If service is disconnected, the City of Corpus Christi may require full payment of the past due amount and related service charges before reconnection. Reconnection may be available with a payment arrangement, which includes a down payment. Please note, mailed payments must be received prior to the disconnect date to prevent service interruption. By debit or credit card*: Visit ccpay.cctexas.com/iPSUB/PortalAccount/Login or call (361) 885-0751. Check, cash, or money order*: In person at 1201 Leopard St, 1st Floor, Corpus Christi TX, 78401. *Please have account number available at time of payment. If you feel you have received this notice in error, please call 311 or (361) 826-CITY (2489) if outside city limits. CITYoF City of Corpus Christi CORPUS P.O.Box 9257•Corpus Christi,TX 78469-9257 CHRISTI (361)826-CITY-wm.cctexas.com Sa52 1P AVISO DE DESCONEXION Pago atrasado: $562.77 Fecha de desconexion despues: 04/26/2024 Fecha de notificacion: 04/12/2024 Numero de cuenta: - Solicite un acuerdo de pago visitando cctexas.com SU CUENTA DE SERVICIOS PUBLICOS REQUIERE ATENCION Se debe recibir el pago de $562.77 o hacer arreglos para el 04/26/2024 para evitar la desconexion del servicio**. Si la fecha de desconexion cae en un dia festivo o fin de semana, la fecha de desconexion se movers al siguiente dia habil. **En el caso de una propiedad desocupada o solo para aguas fluviales, es posible que no se produzca la desconexion de los servicios. Comuniquese con la linea directa de aguas pluviales (361)561-1100 para dejar un mensaje y nuestro equipo se comunicara con usted para ayudarlo. Las cuentas con pagos atrasados, cheques devueltos o desconexiones por falta de pago pueden estar sujetas a un deposito para continuar o reconectar el servicio. Si se desconecta el servicio, la ciudad de Corpus Christi puede requerir el pago total del monto adeudado y los cargos de servicio relacionados antes de la reconexion. La reconexion puede estar disponible con un acuerdo de pago, que incluye un pago inicial. Tenga en cuenta que los pagos enviados por correo deben recibirse antes de la fecha de desconexion para evitar la interrupcion del servicio. Con tarjeta de debito o credito*: visite la pagina ccpay.cctexas.com/IPSUB/PortalAccount/Login o Ilamar al (361) 885-0751. Con Cheque, efectivo o giro postal*: En persona en el 1201 Leopard St, 1st Floor, Corpus Christi TX, 78401. *Por favor tenga el numero de cuenta disponible al momento del pago. Si cree que ha recibido este aviso por error, (lame al 311 o al (361) 826-CITY (2489) si esta fuera de los limites de la ciudad. Envelope Return Example a :.,ic,. IyLACE STAu� Front DID YOU REMEMBER TO NOTE YOUR ACCOUNT NUMBER ON YOUR CHECK?' ...TO ENCLOSE THE PAYMENT STUB? TO SIGN YOUR CHECK? PLEASE 00 NOT STAPLE OR TAPE PAYMENT TO STUE3. FPensr nn7ctt caw rmrinyv. Back Envelope Samples PAMD E EE ` Utilities Bubmcs, Office 4�15 3 P.O. Box 9257 Corpus Christi,TX 78469-92571a ROLUM Sttry M ReqUeSted �g Front Back Monthly Calendar Sample All December Sunday Monday Iff Tuesday Wednesday Thursday Friday Saturday 1 Upload 1,2,3,4 2 No Re-Reads Work Billing 3 4 Upload 6 5 Upload 7 6 Upload 8 7 Upload 9/10 8 Upload 11&12 9 No Re-Reads No Re-Reads Re-Reads 1,2,3,4 Re-Reads 6 Re-Reads 7 Billing Work 1,2,3,4 Billing Work 6 Billing Work 7 Billing Work 8 Billing Work 98,10 10 11 No Upload 12 Upload 13&14 13 Upload 15&16 14 No Upload 15 No Upload 16 Re-Reads 8 No Re-Reads Re-Reads 9,10,11,12 No Re-Reads Re-Reads 13&14 Billing Work 11&12 Work Billing Billing Work 13&14 Billing Work 158,16 Work Billing 17 18 No Upload 19 No Upload 20 Upload 17&18 21 Upload 19&20 22 Upload 21 23 Re-Reads15&16 No Re-Reads No Re-Reads No Re-Reads No Re-Reads Work Billing Work Billing Work Billing Billing Work 178,18 Billing Work 198,20 24 25 Ctiityyy Holiday 26 No Upload 27 No Upload 28 No Upload 29 No Upload 30 � Re-Reads 17&18 Re-Reads 19&20 Re-Reads 21 No Re-Reads RI$TMA Billing Work 21 Work Billing Work Billing Work Billing 31 SC Attachment B-Pricing Schedule CITY OF CORPUS CHRISTI Pricing Form v CONTRACTS AND PROCUREMENT RRR➢ORAZ RFP No. 5842 HR r8�� Utility Bill Printing, Mailing and Insert Printing Services PAGE 1 DATE: 5/9/2024 Usio Output Solutions, Inc. 2Q�Ni PROPOSER AUT O IZED SIGNATURE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issued through Addenda to the RFP in this pricing, UNIT TOTAL ITEM DESCRIPTION QTY UNIT PRICE PRICE 1.0 Implementation 1 LS 0.000 $0.00 2.0 Printing and mailing of statements and 1,490,000 EA 0.119 $177,310.00 notices 3.0 Printing and processing of Small inserts up 90,000 EA 0.018 $1,620.00 to four colors, front and back 4.0 Printing and processing of Medium inserts 90,000 EA 0.027 $2,430.00 up to four colors, front and back 5.0 Printing and processing of Large inserts up 90,000 EA 0.032 $2,880.00 to four colors, front and back 6.0 City supplied Pre-Printed insert processing 90,000 EA 0.001 $900.00 fee 7.0 Postage price per mailing 1,490,000 EA 0.497 $740,530.00 3.0 Utility Bill Re-Design 1 LS 0.000 $0.00 Grand Total $ 925,670.00 Page 71 of 71 Attachment C -Insurance Requirements 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 or designee. The City must be listed as an additional insured for 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 Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage 30-day advance written notice of Per occurrence - aggregate cancellation, non-renewal, material change or termination required on all certificates and policies. Commercial General Liability including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury Errors and Omissions $1,000,000 Per Occurrence $2,000,000 Aggregate CYBER LIABILITY $1,000,000 Per Occurrence $2,000,000 Aggregate 3. In the event of accidents of any kind related to this project, Contractor must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. RFP Template 03/15/2022 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 Contractor 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 ten 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; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and RFP Template 03/15/2022 ■ 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 Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in anyway 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. 2024 Insurance Requirements Exhibit Purchasing—UBO Customer Utility Billing Services 05/02/2024 Risk Management—Legal Dept. RFP Template 03/15/2022 Attachment D - Warranty Requirements "No manufacturer's warranty required for this Agreement." ) CHW�S js'4�,,+�'�•�uw,am4 Utility Bill � StA�a,a I t✓vmb�r _��`� Daep tDale �mAya Pap. Printing Mailing InvaW N�'Pa-SINGE ' '�_ old 7 CYtle 2G�D�B9Sg16G I �AL R�gpB `_ NE EH aGE AST gl4 and Insert 'Meigr . . WAr2,1 B:OpamY 5 IMay Dallbr r�AL WA,�Rcuuasza ■ ■ ■ f�C� yrS G�) S or,'_WA WA'to iER Sgs 21 Printing Services M o°MWA ER 2 A SrpR ese CrN blE CIO WA E S126 fa orpyt CF ri ATER FEES 51yg� stag Iw to MdrtF IS IO4r�5tage2 water NEW CIry rOWASTE AGE) S,S Sai 11 'der elirlCTOnS AMOU OE9j way 325.>j SPrinkleR Be 2•wate in `amain in Place Ni pUF. a'I112pa,. 3212 S2 OR vhefKhed dw�ON EVERYhPn syatemso � `a"nea„aw.a-w.s $2o221 O11iERWE a4wa�rur W.t Slol.lt •[ind vnrrr P.m. Sday y�ro EK oe trhnrlr�l.a,. `e 70:00.fFK nF way to Rtrpi wwy rtt Nicholas Winkelmann, P.E., Director Water Systems and Support Services September 10, 2024 �� The Utility Billing Office (UBO) is responsible for accurate and timely billing, and customer support for over 108,000 utility accounts. - s L .Jar Staffing for UBO: 47 positions - - Billing, 12 ' Call Center & Online Support, 28 - IT Support, 2 - Accountant 1 - QA & Training, 1 - Admin, 3 / ccwwwi One-year Service Agreement with USIO Output Solutions, Inc. First Year Breakdown Contract Details Total: $925,670 •utility Bill First Year Cost: $925,670 Printing .20% Utility Bill Printing: $185,134 (20%) • Postage: $740,536 (80%) • Four one-year renewal options •Postage Total potential contract value: Up to 80% $4,628,350 Utility Bill Printing Postage CCWW Service Agreement Inclusions Printing and Mailing Services Over 1.3 million utility bills and 180,000 past due notices annually Online Document Repository Maintenance of customer utility bills and notices UBO BILLING Strict Deadlines 1 For data transfer and mailing Disaster Recovery Plan To ensure service continuity i Optional Printing Services For additional City inserts(separate invoicing) ccw Thank you ! COCorpus Christi Water- Serving the Coastal Bend s SC G� o� � '*CDRPORNl"o AGENDA MEMORANDUM zs5 Action Item for the City Council Meeting September 10, 2024 DATE: September 10, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation RobertD4(o-)cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Contracts & Procurement Josh C2(o-)cctexas.com (361) 826-3169 Professional Service Agreement Survey & Assessment of Beach Erosion CAPTION: Motion authorizing a professional service agreement for five months with Texas A&M University- Corpus Christi in an amount not to exceed $58,124.00 for survey and assessment of beach erosion caused by Tropical Storm Alberto, with FY 2024 funding from the State HOT Fund. SUMMARY: On June 20, 2024, Mayor Paulette Guajuardo signed a proclamation declaring a local state of disaster related to Tropical Storm Alberto. It was declared that Tropical Storm Alberto posed a threat of imminent disaster, including widespread/severe property damage, injury/loss of life, life threatening storm surge, damaging winds and heavy rainfall. Texas A&M University-Corpus Christi (TAMUCC), Conrad Blucher Institute for Surveying/Science, has agreed to provide professional services for an emergency beach survey/assessment of critical beach erosion (berm & dune) to preserve the footprint of the elevated parks and water access for the community. This proposal outlines the post-storm assessment of the beaches along North Padre Island (NPI)/Mustang Island, specifically 1) the beach fronting the NPI Seawall and 2) beaches adjacent to Packery Channel on both Mustang/NPI that are in Corpus Christi jurisdictional boundaries and Packery Channel Project extents. The proposed survey does not include the beach segment north of Access Road 2. The beach segments specified above are actively maintained/managed by the City and are considered high-use by pedestrians and vehicles. BACKGROUND AND FINDINGS: Assessment is critical for informed beach nourishment planning, beach maintenance operations, as well as forward planning for the long-term resilience of Corpus Christi beaches that are so important to the community and tourism. In addition to documenting the erosion during Tropical Storm Alberto, the survey/assessment also supports the City in meeting obligations such as TGLO guidelines, management of sand redistribution and management of a Pedestrian Safe Beach (bollard placement/relocation along NPI Seawall). The assessment includes Shoreline Position and Beach Profile Surveys, and trend analysis that compares the proposed 2024 data to historic data. The survey will establish a new functional baseline that future surveys will be compared to following the recent nourishment that restored the design width along the NPI Seawall. The Shoreline Position Survey supports short and long-term beach management planning and ongoing maintenance as per the joint City/Nueces County Erosion Response Plan (2012) and City of Corpus Christi Adaptive Beach and Dune Maintenance Plan (2015). The extent of this survey includes Mustang Island/North Padre Island (Fish Pass to 0.5 mile south of Bob Hall Pier). This survey will: • Identify/document storm damage impacting berm width • Calculate the rate of shoreline recession • Identify storm driven change in beach width • Identify/document limits of where the beach is < 150 feet wide to trigger and guide bollard relocation along NPI Seawall (Pedestrian Safe Beach). • Document/define areas of focused erosion between profile transects to identify problem areas otherwise missed • Document/define lateral limits of fillets where berm width is >_ 250 feet on the north & south side of jetties in Sediment Removal Areas (SRAs) - Supports sand redistribution defined as removal/placement along the NPI Seawall • Document/define hot spots of erosion requiring planning for restoration The Beach Profile Survey supports the City in meeting obligations described in City Ordinance 028494 § 10-77 Vehicle-restricted areas and pedestrian safe areas, Environmental Impact Statement (EIS), TGLO (Coastal Erosion Planning & Response Act), Joint City/Nueces County Erosion Response Plan (2012) and Corpus Christi Beach & Dune Management Plan. The extent of this survey includes adjacent beaches along Mustang Island and NPI from north of Fish Pass to approximately 0.5 mile south of Bob Hall pier along previously occupied transects. This survey will: • Identify areas of erosion/deposition (beach maintenance & management planning). • Calculate rate of erosion/volume loss • Calculate sand volume estimated to restore beach elevation & design width • Can be applied by City Staff for post-storm documentation for FEMA reimbursement process or for alternate funding resources. • Data & assessment supports City Beach Operations in beach management/planning • Can be applied by City Staff for long-term, sand management strategies & beach nourishment planning over the post-storm recovery period. The Professional Service Agreement will commence without delay once the agreement is executed and following the dissipation of other storms that may develop during the five-month contract term. PROCUREMENT DETAIL: This procurement falls under a statutory exception within Local Government Code 252.022(a)(4) as these services are for personal, professional and/or planning services. TAMUCC is currently providing technical assistance associated with erosion concerns at City Bayshore Parks and is familiar with the scope of services. By way of this procurement, it is believed that TAMUCC is the best choice for this survey and assessment. ALTERNATIVES: The Mayor and City Council may choose not to award the Professional Service Agreement. However, this would not support beach nourishment/maintenance operations, short/long-term beach management planning and would not align with current City Ordinance/policy. FISCAL IMPACT: Expenditures in the amount of $58,124 with FY2024 from the SHOT Fund. FUNDING DETAIL: Fund: 1032 Organ ization/Activity: 13836 Department: 27 Project # (CIP Only): Account: 530000 RECOMMENDATION: Staff recommend approval of the motion as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Professional Service Agreement Presentation e Finance/Procurement Professional Service No.5959 Buyer:Sandra Rodriguez PRICE SHEET TEXAS A&M UNIVERSITY-CORPUS CHRISTI CORPUS CHRISTI,TX ITEM DESCRIPTION QTY UNIT OF UNIT PRICE TOTAL PRICE MEASURE 1 Full Study Area Survey and Assessment 1 EA $58,124.00 $58,124.00 (Beach Management/Maintenance) Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 ,bus C. 00 � 0 > PROFESSIONAL SERVICE AGREEMENT NO.5959 U Survey & Assessment of Beach Erosion NO RPON Af� 1852 THIS Survey & Assessment of Beach Erosion (Berm and Dune) Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home- rule municipal corporation ("City") and Texas A&M University—Corpus Christi ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has agreed to provide professional services for a survey and assessment of critical beach erosion (berm and dune) in order to preserve the footprint of the elevated parks and water access for the community. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor shall provide Survey & Assessment of Beach Erosion Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 2. Term. This term of this Agreement is five months. The parties may mutually extend the term of performance of this Agreement, as may be needed, provided, the parties do so by written amendment executed by an authorized representative of each party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $58,124.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of receipt of an acceptable invoice. All pricing must be in accordance with Attachment A. 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, TX 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: Liza Nino-Elizalde Parks & Recreation Department Professional Services Agreement-TAMUCC Survey&Assessment Page 1 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 361-826-3026 LizaN@cctexas.com 5. Insurance; Bonds. Reserved for later use, if applicable pursuant to execution of an amendment requiring the same. 6. Standard of Care. Contractor warrants that all Services shall be performed in accordance with the standard of care used by similarly situated contractors performing similar services under the same professional license, if a license is applicable. 7. 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. 8. Independent Contractor. (A) In performing this Agreement, both the City and Contractor shall act in an individual capacity and not as agents, representatives, employees, employers, partners, joint venturers, or associates of one another. Contractor shall perform all professional services as an independent contractor and shall furnish such Services in his own manner and method, and under no circumstance or condition shall an employee, agent, or representative of either party be considered or construed to be an employee, agent, or representative of the other party. (B) As an independent contractor, no workers' compensation insurance will be obtained nor provided by City covering the Contractor and employees of the Contractor. The Contractor shall comply with any and all workers' compensation laws pertaining to the Contractor and employees of the Contractor. 9. Subcontractors. The Contractor may not use subcontractors in connection with the work to be performed under this Agreement. 10. Amendments. This Agreement may be amended or modified only in writing and must be executed by an authorized representative of each party. 11. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 12. 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 written request. Professional Services Agreement-TAMUCC Survey&Assessment Page 2 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 13. Notice. Any notice required under this Agreement must be given by hand delivery, fax, or certified mail, postage prepaid with return receipt requested, and is deemed received on the day hand-delivered or faxed (with proof of transmission) 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 Parks & Recreation Department Attn: Liza Nino- Elizalde, Contracts/Funds Administrator 400 Mann St., 2nd Floor, Suite 200 Corpus Christi, TX 78401 IF TO CONTRACTOR: Texas A&M University - Corpus Christi Attn: Deidre D. Williams, Coastal Research Scientist 6300 Ocean Drive, Unit 5799 Corpus Christi, TX 78412-5799 14. Indemnification. Reserved. Contractor is a Texas public university. 15. Termination. (A) The City Manager may terminate this Agreement for Contractor's failure to perform the work specified in this Agreement or to keep any required insurance policies in force during the entire term of this Agreement. The Contract Administrator 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 Manager may terminate this Agreement immediately thereafter. (B) Alternatively, the City Manager may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City Manager 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. 16. 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. 17. 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 Professional Services Agreement-TAMUCC Survey &Assessment Page 3 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 18. 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 all attachments and exhibits); B. its attachments; then, C. its exhibits, if any. 19. 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. 20. Governing Law. This Agreement is subject to all federal, State, and local laws, rules, and regulations. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such forum and venue for such disputes is the appropriate district or county court in and for Nueces County, Texas. 21. 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. (SIGNATURE PAGE FOLLOWS) Professional Services Agreement-TAMUCC Survey&Assessment Page 4 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 CONTRACT pDocuSigned by: Signature- Kimberly Kimberly Hawkenson Printed Name: Director, Sponsored Research Administration Title. Date: 8/1/2024 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Finance - Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work & Fee Professional Services Agreement-TAMUCC Survey&Assessment Page 5 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 ATTACHMENT A: SCOPE OF WORK & FEE Packery Channel Monitoring Program (POMP) 2024 Emergency Post-Alberto Survey and Assessment of Beach (Berm and dune) Erosion Statement of Work: 20 June 2024 Submitted to: City of Corpus Christi Parks and Recreation Department Attn. Darren Gurley Submitted by: Deidre D.Williams Deidre.Williams@tamu cc.edu The Conrad Blucher Institute for Surveying and Science Texas A&M University-Corpus Christi Introduction As Tropical Storm Alberto developed and moved onshore in Mexico(18-20 June 2024), two high pressure systems concentrated onshore flow resulting in strong winds, storm surge and inundation along the Corpus Christi Gulf Beaches causing significant erosion. This proposal describes a survey and assessment to determine the degree of erosion of the dunes and berm. The information provided will support the City of Corpus Christi staff in management of the beach and dune system. The survey and assessment along with supporting data-based informed decision making by City Staff. In addition to documenting the erosion during Tropical Storm Alberto, the survey and assessment also supports the City of Corpus Christi in meeting the following obligations: 1. Post-Hurricane Assessment: Documentation for application to FEMA reimbursement process 2. Beach Nourishment Planning: NPI Seawall and future beaches in need, particularly following storm impact 3. Management of Pedestrian Safe Beach: Including bollard placement and relocation along North Padre Island(NPI) Seawall. (City Ordinance Ord. 028494 2010 and adherence to TGLO Beach Management Plan Regulations (Open Beaches Act) and CEPRA guidelines/agreements) 4. Adherence to TGLO guidelines: Related to nourishment of the beach fronting the NPI Seawall Coastal Erosion Planning and Response Act (CEPRA) *(CEPRA Project 1113). Plan for beach restoration must be submitted when beach width < 150 ft. 5. Management of Sand Redistribution: Redistribution of sand from the beach fillets adjacent to the jetties to the eroding beach fronting the NPI Seawall pending amendment of the City of Corpus Christi Beach Maintenance Permit (USACE permit SWG-2006- 00647-in progress) 6. Long-term Planning: supports long-term sustainable management of to maintain the resiliency of coastal resources. This includes dialogs with USACE on securing additional cyclic sand resources and coordination with Texas General Land Office, and local committees . Page 1 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 Primary Objective This proposal outlines the post-storm (Tropical Storm Alberto) assessment of the beaches along North Padre Island and Mustang Island, specifically 1) the beach fronting the NPI Seawall and 2)the beaches adjacent to Packery Channel on both Mustang and North Padre Island that are in City of Corpus Christi jurisdictional boundaries and Packery Channel Project extents. These beach segments are actively maintained and managed by the City of Corpus Christi and are considered high use by pedestrians and vehicles. The assessment includes beach profile surveys, shoreline position surveys and trend analysis that compares the proposed 2024 data to historic data. The proposed survey does not include the beach segment north of Access Rd. 2. Although this survey will document the damaged beach rather than the post-nourishment beach, the survey will establish a new functional baseline that future surveys will be compared to following the recent nourishment that restored the Design Width (200 ft) along the NPI Seawall. There is not complete survey of the post-BUDM placement completed during Jan 2024.Therefore, the assessment will be limited by that the available limited data set from the survey conducted by the BUDM contractor following the Beneficial Use Dredge Material (BUDM) placement. The post-placement survey only extended offshore to wade depth (< 5 ft depth) which did not document the full extent of where sediment is transferred into the nearshore by waves and currents. The post-storm survey will extend across the nearshore into deeper water(-18 to-30 ft(NAVD88)) to identify where eroding sand may be stored or transported out of the project area. Sediment transport in these deeper waters is variable and is influenced by the nearby channel and jetties. Assessment is critical for informed beach nourishment planning, beach maintenance operations, as well as forward planning for long term resilience of Corpus Christi beaches that are so important to the community and tourism. This survey and assessment also directly supports 1) City of CC Beach Operations in the management of the pedestrian safe beach, when warranted, fronting the North Padre Island (NPI) Seawall and 2) the planned alongshore sand redistribution that will function as interim beach nourishment material between dredge events, once permitted. Background The beaches adjacent to Packery Channel have been altered by the presence of the channel since construction that was completed during 2006 and sediment transport has also been altered along the NPI Seawall have been altered by the construction of the seawall during the late 1960's. The beach adjacent to the channel jetties has over doubled in width, while the beach along the over 50% of the NPI Seawall continues to erode, only interrupted by periodic placement of BUDM during Packery Channel dredge events. BUDM removed during maintenance dredge of Packery Channel is the sole dedicated source of sand for renourishment of the beach fronting the NPI Seawall to date. BUDM Placement History and 2024 Status The beach fronting the NPI Seawall has benefited from three BUDM placements 1) during the construction and dredging of Packery Channel (2006) and 2)the first maintenance channel dredge and BUDM placement that was conducted over two winters during 2012/2013, and 3) the second maintenance dredge of Packery Channel (2024). There have been two dredge/nourishment Page 2 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 projects conducted at Packery Channel since construction was completed in 2006. The first maintenance dredge was completed over two winter seasons during 2012 and 2013. The second maintenance dredge was completed over 10 years later, between Oct 2023 and Jan 2024. The dredge/nourishment planning/implementation process was interrupted by a series of significant issues and delays including, 1) expired USACE channel maintenance dredge/nourishment permit, 2) 3-year process to obtain new USACE channel maintenance dredge/nourishment permit, 3) structural damage by Hurricane Harvey, and 4) subsequent negotiation of Harvey damage repairs with the USACE and FEMA (ongoing according to City Staff). During these delays the beach continued to erode,resulting in a decrease in the beach width as well as functional area for shared recreational use and drive lanes. Prior to the 2024 completion of the BUDMP placement, the narrow beach along the seawall represented ongoing safety concerns for the shared use by both pedestrians and vehicles,particularly fronting the Windward Parking Lot public facilities. As the beach begins to erode following placement, the City of Corpus Christi is obligated to monitor the change in the width of the beach fronting the NPI Seawall to determine when the width is at or less than 150 ft or less. At that point City of Corpus Christi staff will placement bollards to limit vehicle access to provide a pedestrian safe beach. In addition, the City of Corpus Christi has an obligation to the TGLO to initiate plans to nourish the beach and restore the beach once a beach segment is less than 150 ft, and to monitor the beach while bollards restrict vehicular access (TGLO 2014). The goals are to maintain the beach between the minimum of 150 ft(Action Width) and the optimal 200 ft design width.As of Feb 2024, 100 % of the beach fronting the NPI Seawall was at or in excess of the Design Beach Width (200 ft). Post-Alberto Emergency Analysis and Assessment of Beach Erosion Adjacent to Packery Channel (Mustang Island and North Padre Island) Task 1. Emergency Beach Survey and Assessment A. Shoreline Position Survey Frequency: (I Survey) ASAP following forecasted storm development and dissipation of Disturbance #2 (Atlantic 2-Day Graphical Tropical Weather Outlook(noaa.gov) accessed 20 Jun 2024) and other storms that may develop during the contract process. Extent: Mustang Island/North Padre Island(Fish Pass to 0.5 mile south of Bob Hall Pier) Purpose/Application: 1) Identify and Document storm damage impacting berm width during Tropical Storm Alberto 2) Calculate rate of shoreline recession during storm event. 3) Identify storm driven change in beach width that triggers nourishment and management action and planning by City of CC Beach Operations staff. 4)Identify and document the limits of where the beach is< 150 ft wide to trigger and guide bollard relocation along NPI Seawall (Pedestrian Safe Beach). 5) Document and define areas of focused erosion between profile transects to identify problem Areas otherwise missed. 6) Document/define lateral limits of the fillets where the berm is> 250 ft wide on the north and south side of the jetties in Sediment Removal Areas (SRAs). Supports sand redistribution defined as removal and placement along the NPI Seawall as per USACE Page 3 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 permit(pending). 7) Document and define hot spots of erosion requiring planning for restoration 8) Supports short and long-term beach management planning and ongoing maintenance as per the Joint City/Nueces County Erosion Response Plan (2012) and City of Corpus Christi Adaptive Beach and Dune Maintenance Plan 2015) B. Beach Profile Survey Frequency: (1 Survey) ASAP following forecasted storm development and dissipation of Disturbance #2 (Atlantic 2-Day Graphical Tropical Weather Outlook(noaa.gov) accessed 20 Jun 2024) and other storms that may develop during the contract process Extent (Study Area): Adjacent beaches along Mustang Island and North Padre Island from north of Fish Pass to approximately 0.5 mile south of Bob Hall pier along previously occupied transects. Purpose/Application: 1)Identify areas of erosion and deposition following Tropical Storm Alberto and potentially storm identified as Disturbance#2 (beach maintenance and management planning). 2) Calculate rate of erosion and volume loss (limited by lack of complete post-BUDM placement survey data. 3) Calculate sand volume estimated to restore beach elevation and design width (200 ft) (as needed). 4) Can be applied by City of Corpus Christ staff for post-storm documentation for FEMA reimbursement process or for alternate funding resources TBD (as needed) 5) Data and assessment supports City Beach Operations in beach management and planning. 6) Can be applied by City of Corpus Christi staff to long-term sand management strategies and beach nourishment planning over the post-storm recovery period. Supports: City of Corpus Christi in meeting obligations described in: City Ordinance (Ord. 028494 § 10-772010), Environmental Impact Statement (EIS), DOA Cooperative Agreement, TGLO (CEPRA), Joint City/Nueces County Erosion Response Plan (2012), City of Corpus Christi Beach and Dune Management Plan Performance Period and Schedule The post-storm survey and assessment will be conducted once storm conditions stabilize and water levels drop to allow full survey access. The survey may be differed until Disturbance #2 has dissipated in order to document additional damage that may occur during that forecasted storm. Deliverables: • xyz data and shapefiles (ESRI .shp)files • Summary report and email briefings Page 4 of 5 Docusign Envelope ID:89A2C8D3-6F81-4B28-8A04-CBE4C4793E44 Budget Next Page Estimated Budget Table 1. Estimated Budget 2024 Jun to 2024 Nov Estimated Tasks Cost Task 1. Full Study Area Survey and Assessment(Beach Management/Maintenance) a. Shoreline Position Survey (1) 7500 b. Beach Profile Survey and (1) 21,500 Analysis: 14,220 IDC: 14,904 Subtotal Task 1 58,124 Total Task 1: 58,124 References DOA 2003. Project Cooperation Agreement for Construction of the North Padre Island Storm Damage Reduction and Environmental Restoration Project,Department of the Army and City of Corpus Christi, 26 pp. (Attached) Environmental Impact Statement(EIS) 2003. North Padre Island Storm Damage Reduction and Environmental Restoration Project,Nueces County Texas,Final Environmental Impact Statement, 313 pp and Appendices. City of Corpus Christi 2010. Ord. 028494 2010. https://library.municode.com/tx/corpus_christi/codes/code_of ordinances?n odeld=PTIII THCOOR CHIOBEMACO ARTVIITR S I O-81POBECL City of Corpus Christi, 2015. City of Corpus Christi Beach Adaptive Maintenance Plan 18 pp. USACE 2006. SWG-2006-00647, Attachment D. Sand Management Plan, 14 pp. (Attached) City of Corpus Christi and Nueces County, 2012. A Joint Erosion Response Plan for Nueces County and the City of Corpus Christi, partial funding NOAA and TGLO, 44 pp. https://www.nuecesco.com/home/showpubli sheddocument/3416/63 6791948703 500000 Page 5 of 5 CORPUS CHRISTI PARKS& RECREATION Professional Service Agreement with Texas A&M University Corpus Christi for Survey & Assessment of Beach Erosion City Council Meeting September 10, 2024 Background _ _ CORPUS • On June 20, 2024, Mayor Paulette GuaJuardo signed a proclamation declaring a CHRISTI - - PARKSS. local state of disaster related to Tropical Storm Alberto. RECRE"T'�" • TAMUCC (Conrad Blucher Institute for Surveying & Science)has agreed to provide professional services for an emergency beach survey/assessment of beach erosion (berm & dune). • The Agreement will commence without delay once executed & following the dissipation of other storms that may develop during the five-month contract term. • The proposal outlines post-storm assessment of the beaches along North Padre Island (NPI) & Mustang Island, specifically: 1. The beach fronting the NPI Seawall 2. Beaches adjacent to Packery Channel on both Mustang/NPI that are in Corpus Christi jurisdictional boundaries & Packery Channel extents. • These beach segments are actively maintained/managed by the Parks & Recreation Department& are considered high-use by pedestrians & vehicles. 2 A. Professional Service Agreement <klwg*,F CORPUS CHRISTI Shoreline Position Survey AARAso The extent of this survey includes Mustang Island/North Padre Island (Fish Pass to 0.5 mile south of Bob Hall Pier). This survey will: • Identify/document storm damage impacting berm width • Calculate the rate of shoreline recession • Identify storm driven change in beach width • Identify/document limits of where the beach is < 150 feet wide to trigger & guide bollard relocation (Pedestrian Safe Beach). • Document/define areas of focused erosion to identify problem areas otherwise missed • Document/define lateral limits of fillets where berm width is > 250 feet on the north & south side of jetties in Sediment Removal Areas (SRAs) • Document/define hot spots of erosion requiring planning for restoration 3 A. Professional Service Agreement CORPUS CHRISTI - - PARKSS. Beach Profile Survey AE�AEAT,o� The extent of this survey includes adjacent beaches along Mustang Island & NPI from north of Fish Pass to approximately 0.5 mile south of Bob Hall pier. This survey will: • Identify areas of erosion/deposition (beach maintenance & management planning) • Calculate rate of erosion/volume loss • Calculate sand volume estimated to restore beach elevation & design width • Can be applied by City Staff for post-storm documentation for FEMA reimbursement process or for alternate funding resources • Can be applied by City Staff for long-term, sand management strategies & beach nourishment planning over the post-storm recovery period 4 -�Policy Alignment . CORPUS The Shoreline Position Survey supports short & long-term beach management CHR19T1 PARK56. planning/maintenance per: • Joint Corpus Christi/Nueces County Erosion Response Plan (2012) • City of Corpus Christi Adaptive Beach & Dune Maintenance Plan (2015) The Beach Profile Survey supports the following policies: • City Ordinance 028494 § 10-772010 Vehicle-restricted & Pedestrian Safe Areas • Environmental Impact Statement (EIS) • TGLO (CEPRA) • Joint City/Nueces County Erosion Response Plan (2012) • Corpus Christi Beach & Dune Management Plan 5 Recommendation r.,ry, CORPUS CHRISTI PARK56. RECREATION • Staff recommends approval of the Professional Service Agreement for an emergency beach assessment & survey after Tropical Storm Alberto. 6 � S cl �o o� � µCORPOOI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting September 10, 2024 DATE: September 10, 2024 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks & Recreation RobertD4(o)cctexas.com (361) 826-3133 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Purchase of Mulch for City Parks CAPTION: Motion authorizing execution of a one-year supply agreement, with Exerplay, Inc., of Cedar Crest, New Mexico, in an amount not to exceed $197,410.00, for the purchase of certified playground mulch for Parks & Recreation, with FY 2024 funding from the General Fund. SUMMARY: The supplier, Exerplay, Inc., shall provide certified playground mulch for City parks to offer playground areas a smooth, safe surface. Mulch will be supplied for 53 City parks across Council Districts 1 through 5 as shown in the supporting document. BACKGROUND AND FINDINGS: The Parks and Recreation Department will utilize the mulch to ensure the safety of children when playing in playground/swing set areas. Playground and swing areas need a protective fall zone and using mulch helps with this provision. Replenishing mulch in these areas is necessary to maintain these safety measures across the City park system. The 10-Year Parks & Recreation Master Plan assessed park system conditions. For Structured Play Areas, the Plan identified that playgrounds containing fiber (mulch) should be replenished to washed out or worn areas. The supplier will provide mulch that is derived from high-grade, wood for durability and designed to break down slowly over a year or more. The mulch must be non-toxic, biodegradable and certified by the American Society for Testing and Materials (ASTM). The Supplier will deliver product as needed over the term of the agreement as directed by the City. All delivery locations will vary but will be at City Parks. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process for the purchase of mulch for City Parks. Previously, Parks & Recreation purchased small quantities on an as needed basis. Out of 201 vendors notified about the solicitation, the City received two responsive, responsible bids. Staff is recommending award to the lowest responsive, responsible bidder, Exerplay, Inc. of Cedar Crest, New Mexico. BID SUMMARY ExerPlay, Inc SiteOne Landscape Supply Cedar Crest, NM Cleveland, OH DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Certified Playground Mulch Cu.Yd. 3,800 $ 51.95 $ 197,410.00 $ 75.00 $ 285,000.00 ALTERNATIVES: The Mayor and City Council may choose to disapprove the supply agreement. An alternative would be to fill potential fall zones with Pour-In-Place, rubber flooring which is much more costly and lengthy process. FISCAL IMPACT: Expenditures in the amount of $197,410.00 with FY2024 funding. FUNDING DETAIL: Fund: 1020 General Fund Organization/Activity: 12910 Park Operations Department: 27 Parks and Recreation Project # (CIP Only): N/A Account: 520180 Landscaping materials RECOMMENDATION: Staff recommends approval of this motion authorizing the execution of a one-year supply agreement as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Supply Agreement List of Parks with Mulch Presentation RFB 6020 PURCHASE OF MULCH FOR CITY PARKS Senior Buyer:Tracy Garza Bid Open Date:August 13,2024 *ExerPlay, Inc SiteOne Landscape Supply Cedar Crest,NM Cleveland,OH DESCRIPTION UNIT QTY UNIT PRICE EXTENDED PRICE UNIT PRICE EXTENDED PRICE Certified Playground Mulch Cu.Yd. 3,800 $ 51.95 $ '9',-,r-436.64 $ 75.00 $ 285,000.00 GRAND TOTALS $ 197,410.00 $ 285,000.00 *Math error/Correct extended price is$197,410.00 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB SC G� SUPPLY AGREEMENT NO. 6020 U PURCHASE OF MULCH FOR CITY PARKS yCaeaoRp 1852 THIS Purchase of Mulch Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Exerplay, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide mulch in response to Request for Bid No. 6020 ("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 mulch 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 zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $197,410.00, 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 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB 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: Liza Nino-Elizalde Parks & Recreation 361-826-3026 LizaN@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 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB 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 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB 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: Liza Nino-Elizalde Contracts/Funds Administrator Address: 400 Mann St., Ste. 200, Corpus Christi, Texas 78401 Phone: 361-826-3026 Fax: 361-543-2865 IF TO CONTRACTOR: Exerplay, Inc. Attn: Marissa Pecina Title: Sales Representative Address: 12220 N. Hwy 14, Suite I, Cedar Crest, NM 87008 Phone: 800-457-5444 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 Supply Agreement Standard Form Page 4 of 7 Approved as to Legal Form October 29, 2021 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB 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 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB 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 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB CONTRACTOR CSigned /�� - by: J aara, ( °� Signature: i BE Printed Name: Sarah Love Title: contract Administrator Date: 8/21/2024 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 l : RFB No. 6020 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form Page 7 of 7 Approved as to Legal Form October 29, 2021 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information Supplier shall provide certified playground mulch for City Parks to offer playground areas a smooth, safe surface. Scope of Work A. Supplier must provide a product that is derived from high-grade wood for durability and is designed to break down slowly over a year or more. B. Product must be non-toxic, biodegradable and certified by the American Society for Testing and Materials (ASTM). Work Site and Conditions Supplier will deliver product as needed over the term of the agreement as directed by the City. All delivery locations will vary but will be at City Parks. Page 1 of 1 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB ATTACHMENT B: BID/PRICING SCHEDULE se 0 ow CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM NOpP9PPS E 1852 RFB NO. 6020 PURCHASE OF MULCH FOR CITY PARKS PAGE 1 OF 1 Date: 8/9/2024 Authorized 10e64;z�, Bidder: Exerplay, Inc. Signature: 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 the 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. DESCRIPTION UNIT QTY UNIT PRICE TOTAL PRICE Initial Certified Playground Mulch 51.95 97^-3- �( (include delivery) Cu. Yd. 3,800 197,410.00 Page 1 of 1 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1 ,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure Page 1 of 3 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy, • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. Page 2 of 3 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2023 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services - Services Performed Onsite 05/10/2023 Risk Management - Legal Dept. Page 3 of 3 Docusign Envelope ID: 1302289130JEFF-4C24-A426-213119BAB03BB ATTACHMENT D: WARRANTY REQUIREMENTS No warranty is required for this Service Agreement. Page 1 of 1 w N_ N V N N N t 7 C i N a V v a 1 NP Solar Estates 2.84 2334 Rain Mist Ln. X 1 NP Mobile 2.06 5906 Skyline Dr. X 1 N Westchester 1.67 726 Westchester Dr. X 1 NP Woodlawn 3.24 842 Erwin Ave. X 1 NP Dr. H.J. Williams 5.13 12526 Nueces St. X 1 N Chiquito 1.24 223 Pueblo St. X 1 N Antonio E. Garcia 0.85 2001 Agnes St. X 1 NP South Bluff 9.16 500 S.Tancahua St. X 1 BP Dolphin 0.75 4702 Gulfbreeze Bvld X 2 N Lawson 0.87 2724 Rogers St. X 2 SUP H.E.B. 12.85 1501 Shely St. X 2 N Mike Zepeda 1.96 3010 Sunnybrook Rd. X 2 NP Sam Houston 4.00 1629 Brentwood Dr. X 2 N Belaire 2.02 1401 Brentwood Dr. X 2 C Lincoln 11.60 4622 Marie St X 2 NP Brookdale 3.42 414 Ashland Dr. X 2 N Claremont 1.81 701 Caddo St. X 2 N Koolside 2.41 1001 Dorthy Dr. X 3 NP West Haven 8.62 1718 Cliff Moss Dr. X 3 NP Molina Veterans 5.12 1102 Bloomington St. X 3 NP Village on the Green 3.00 5102 N Green Tree Dr. X 3 SUP Dr. H.P Garcia* 63.85 4305 Greenwood Dr. X 3 NP John Jones 5.52 4320 Shaw St. X 3 N Garrett, Nancy Todd 2.63 2120 Hudson St. X 3 N Inwood 2.27 4821 Vestal St. X 3 NP Botsford 7.15 2801 McArdle Rd. X 3 NP Los Encinos 10.00 1601 La Joya St. X 3 N Fr. Fernandez 2.00 1818 Frio St. X 3 NP Sacky 7.00 2719 Sacky Dr. X 3 NP Pebble 5.13 5922 Hill Crest Dr. X 3 C Parkview 11.50 6002 Parkview Dr. X 3 NP Country Club 6.49 6400 Brisbane Dr. X 3 NP Gardendale 3.05 5202 Holly Rd. X 3 NP Ridgewood 5.04 5720 Malden Dr. X 3 C St.Andrews 30.55 5902 St.Andrews Dr. X 4 NP Oso Place 5.65 1109 Bernice Dr. X 4 NP Candlewood 3.78 1702 Lemonwood Dr. X 4 NP Lexington 6.73 6721 Rhine Dr. X 4 NP Sands 5.55 1830 Silver Sands Dr. X 4 NP Turtle Cove 7.98 9516 Lovebird St. X 4 N Castle 2.88 2201 Versailles Dr. X 4 C Waldron 20.00 3038 St. Francis X 4 C Billish, Sandy& Don 11.15 15520 Mont Pelee Dr. X 5 NP Snead 4.12 6737 Snead Dr. X 5 N Cedar Ridge 2.79 7401 Brentridge Dr. X 5 N Barclay (HOA) 0.80 5718 Lago Vista Dr. X 5 N Stony Brook 1.96 7653 Stony Brook Dr. X 5 NP Middlecoff 8.70 5122 Merganser Dr. X 5 NP St. Denis 5.42 6222 St. Denis St. X 5 N Rancho Vista 1.32 7540 Rancho Vista Blvd. X 5 NP Brighton 4.54 6517 Brockhampton St X 5 C Brockhampton 20.04 15934 Brockhampton St. X 5 N Vineyards 1.00 16913 Vineyard Dr. X CORPUS CHRISTI PARKS& RECREATION Supply Agreement with Exerplay, Inc. for the Purchase of Mulch for City Parks City Council Meeting September 10, 2024 Background CORPUS CHRISTI PARKSS. • Exerplay, Inc. (Supplier) will deliver/replenish mulch throughout the one-year term of the agreement, directed by the Parks & Recreation Department. • The Parks & Recreation Department will utilize the mulch to ensure the safety of children at play in playground/swing set areas. • Playground/swing areas need a protective fall zone & using mulch helps with this provision. • Replenishing mulch in these areas is necessary to maintain these safety measures across the City's park systems. Supply Agreement CORPUS CHRISTI PARKSS. • Mulch will be supplied for 53 City parks across Council Districts 1 through 5. • The Supplier must provide mulch derived from high- grade, wood for durability & designed to break down slowly over a year or more. • The mulch must be non-toxic, biodegradable and certified by the American Society for Testing & Materials (ASTM). Ae Recommendation ''�?. CORPUS CHRISTI PARK56. RECREATION • Staff recommends approval of the One-Year Supply Agreement for the purchase & replenishment of mulch for City parks. 4 se 0 o� U AGENDA MEMORANDUM NflPO8AS4P Action Item for the City Council Meeting of September 10, 2024 1652 DATE: September 10, 2024 TO: Peter Zanoni, City Manager FROM: Jeffrey H. Edmonds, P.E., Director of Engineering Services jeffreye@cctexas.com (361) 826-3851 Advance Funding Agreement Harbor Bridge Mitigation Projects (Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, T.C. Ayers Park and Aquatic Center, Washington Coles Park) CAPTION: Resolution authorizing Advance Funding Agreements with the TXDOT for(1)State Transportation Project - Metropolitan Mobility Reconstruction for Off-System Harbor Bridge Hike and Bike Connectivity, (2) Surface Transportation Block Grant for Off-System Harbor Bridge Parks, and (3) State Transportation Project - Flex Mitigation Project for Off-System for Harbor Bridge TC Ayers Pool, with the City's total payment of $95,000.00 to TXDOT for direct state costs, with FY2024 funding available from Park Bond 2014 Funds. SUMMARY: This resolution authorizes an Advance Funding Agreement (AFA) with the Texas Department of Transportation (TXDOT) for Harbor Bridge Mitigation Projects including Ben Garza Park, Dr. H.J. Williams Park, North Beach Trail, T.C. Ayers Park and Aquatic Center, and Washington Coles Park. BACKGROUND AND FINDINGS: The Harbor Bridge Parks Mitigation Plan was developed as a result of an agreements between Federal Highway Association, Texas Department of Transportation (TXDOT), the Corpus Christi Housing Authority to mitigate the impacts to the parks and neighborhood from the construction of the new Harbor Bridge. The park mitigation project addresses impacts to the former Washington Elementary School site and the three existing City Parks: TC Ayers Park, Ben Garza Park, and Dr. HJ Williams Memorial Park (Hillcrest Park). This item will authorize approval of the AFA with TXDOT for their grant funds. Upon approval of the AFA, the project will be advertised for bidding by City in December 2024. City is responsible for all other costs such as design, right of way, permitting, TXDOT administrative fees, construction change orders, and overruns. The City will reimburse direct cost in an amount of$95,000. Grant funding provides for construction costs with 80/20 funding participation by Federal Funds with State (TXDOT)/Local Governments (City of Corpus Christi), respectively. The grant requires the construction project be advertised and constructed by City. The total estimated costs for these projects are $30,666,696.01 for which TXDOT and Federal Funds for this project to maximum total of $10,812,655.97 and with City's estimated cost to be $19,854,040.00. City is responsible for construction overages. ALTERNATIVES: The alternative is not to execute the AFA with TXDOT and lose the grant funds. FISCAL IMPACT: The fiscal impact for FY 2024 is in the amount of$95,000.00 with funding available from the Park Bond 2014 Funds. Funding Detail: Fund: Park & Rec Bond 2014 (Fund 3294) Department: Parks and Recreation (27) Org: Grants and Capital Projects (89) Account: Outside Consultants (550950) Activity: E 15101 Amount $95,000.00 Total: $95,000.00 RECOMMENDATION: Staff recommends approval of the Resolution to enter into the Advance Funding Agreement. LIST OF SUPPORTING DOCUMENTS: Resolution HSIP Map CIP Page Draft AFA 0916-35-195 Draft AFA 0916-35-265 Draft AFA 0916-35-196 Resolution authorizing Advance Funding Agreements with the Texas Department of Transportation (TXDOT) for the State Transportation Project — Metropolitan Mobility Reconstruction for Off-System Harbor Bridge Hike and Bike Connectivity, Surface Transportation Block Grant for Off-System Harbor Bridge Parks and State Transportation Project — Flex Mitigation Project for Off-System for Harbor Bridge TC Ayers Pool with City's payment of $95,000.00 to TXDOT for direct state costs with FY2024 funding available from Park Bond 2014 Funds. WHEREAS, the estimated project cost for State Transportation Project (STP) — Metropolitan Mobility Reconstruction for Off-System Harbor Bridge Hike and Bike Connectivity is $1,582,559.65. Federal participation is $1,136,000, state participation is $45,159.65 and City participation is $284,000. The City is responsible for design and construction costs overages. WHEREAS, the estimated project cost for Surface Transportation Block Grant for Off-System Harbor Bridge Parks, including Dr. H.J. Williams Park, T.C. Ayers Park, Washington Coles Park and Ben Garza Park is $17,099,588.20. Federal participation is $3,840,000, state participation is $145,748.16 and City participation is $13,113,840. The City is responsible for design and construction cost overages. WHEREAS, the estimated project cost for STP—Flex Mitigation Project for Off-System for Harbor Bridge TC Ayers Pool is $11,984,548.16. Federal participation is $4,400,000, state participation is $1,248,748.16 and City participation is $6,338,800. The City is responsible for design and construction costs overages. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1.The City Manager or designee (Director of Engineering Services) is authorized to execute an Advance Funding Agreement (AFA) for the State Transportation Project — Metropolitan Mobility Reconstruction for Off-System Harbor Bridge Hike and Bike Connectivity Project with the Texas Department of Transportation (TXDOT) and pay TXDOT the amount of$17,400 for reimbursement of direct state costs. SECTION 2.The City Manager or designee (Director of Engineering Services) is authorized to execute an Advance Funding Agreement (AFA) for the Surface Transportation Block Grant for Off-System Harbor Bridge Parks Mitigation Project with the Texas Department of Transportation (TXDOT) and pay TXDOT the amount of$38,800 for reimbursement of direct state costs. SECTION 3.The City Manager or designee (Director of Engineering Services) is authorized to execute an Advance Funding Agreement (AFA) for the State Transportation Project — Flex Mitigation Project for Off-System Harbor Bridge Parks Mitigation Part B Project with the Texas Department of Transportation (TXDOT) and pay TXDOT the amount of $38,800 for reimbursement of direct state costs. SECTION 4. The City Manager or designee is authorized to execute all related documents necessary to administer the Advance Funding Agreements, including minor amendments thereto. PASSED AND APPROVED on the day of 1 2024: CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary Project Location . v+ BREW Location Map .f • ^ I gREWSTER HUGHES ESACA FITZGE `v�,P • �°� MOORF �Rs ` �J� c // gE cy�AiT 'Qqy�� EVEN � . H o ^FOES ( LOBO N y��eiRr koFpkF Mi,�,v �:HHFB4 LAKE �kFS. - ,. TOH AGO ai ag w �P �9 ._TWIGG 'p Q a ``' TAYLOR BUFFALO A • _ " N 3 BUFFALO 0 .- _ - _--�---+►� } STARR ANTELOPE Z? — . ' _ _ '"Q ANTELOPE Q ��'�!) m ��a LEOPARD' x W L I' ' a LEOPARD to d - J--�N o MESTINA v) MESTINA a Z Q Y ° Z J ~ m —° X z z LIPAN UP RIVER LIPAN w cn N Y . 0 Q W VwG b;a 0 +' COMANCHE HOWARD HOWARD 3 Q �::..• ,..• HOWARD = r CAI-DWELT- Q 2 _ MUSSES o v ? . ;.yMUSSETT KINNEY 5� a Legend - ° a y Ep,RED �� iir &„ P75- 1. Dr HJ Williams Memorial Park X o A. ES v 3 Q W (Hillcrest Park) m rn I 4— a 3 0 2. T.C. Ayers Park ,�- Zi �, NkA RGUERITE"y v ° r i x 0 y 3. Washington Coles Park W _ -Y PARK v `° 4. Ben Garza Park 7- 7- W Hike and Bike Trail W o c = COLEMAN oLA rn Trai[head �,, m ? Fuw�nAN 5. Northslde Aquatics Center AN .RUTH m RUTH PROJECT, NO: E15101 HANCOCK _ 'L ._i 3 -• 1 HANG U- Harbor Bridge CITY COUNCIL EXHIBIT Parks Mitigation CITY OF CORPUS CHRIST],TEXAS ® „� DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2024 c%ril 2026 City of Corpus Christi, Texas Project# E15101 Project Name Harbor Bridge Mitigation (Design Only) Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director Category Park Improvements Priority Community Investment Council District 1 Status Active Description Project will design improvements to Parks and Bike and Hike Trails associated with the new Harbor Bridge project.Part of Bond 2014 initiatives. Justification Existing parks will be upgraded and incorporated into new bridge construction plans. Expenditures Prior Years 2024 2025 2026 Total Design 1,603,883 1,603,883 Eng,Admin Reimbursements 325,846 325,846 Total 1,929,729 1,929,729 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond Prior 1,929,729 1,929,729 Total 1,929,729 1,929,729 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 109 Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project# 24411 ='"�+ m Project Name Harbor Bridge Mitigation -Ben Garza Park Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director �� Category Park Improvements Priority Community Investment Council District 1 Status Active mum fii,W.. Description BEN GARZA PARK LEVY halff Ben Garza Park will be a part of the Harbor Bridge Mitigation park projects located off Coke and Howard streets. This project will focused on construction and development of a park that will have a sidewalk trail,renovated basketball court,and resurfaced parking lot near the Basketball Pavilion and Gymnasium that are currently located in this area. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 892,450 892,450 Eng,Admin Reimbursements 98,170 98,170 Total 990,620 990,620 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(New) 607,670 607,670 G.O. Bond Prior 40,950 40,950 Metropolitan Planning Organization 342,000 342,000 Total 990,620 990,620 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 110 Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project# 24412 ' Project Name Harbor Bridge Mitigation - Dr. H.J.Williams Park Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director Category Park Improvements Priority Community Investment Council District 1 Status Active d.ru l I� LEVY DR.H.J.WILLIAMS PARK h8lff Description 1,A E2e Dr. H.J. Williams park will be a part of the Harbor Bridge Mitigation park projects and located off Nueces,Peabody and Kennedy streets. This project will focused on construction and development of a park that will have large sidewalk trail,new playground and park amenities,covered basketball courts and community gardens,large grassy areas for actives and picnics,restroom and parking lot. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 1,774,200 1,774,200 Eng,Admin Reimbursements 195,162 195,162 Total 1,969,362 1,969,362 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(New) 1,520,362 1,520,362 G.O. Bond Prior 262,000 262,000 Metropolitan Planning Organization 187,000 187,000 Tom 1,969,362 1,969,362 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 111 Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project# 24413 Project Name Harbor Bridge Mitigation -North Beach Trail '' y� Type Improvement/Additions Department Parks and Recreation Useful Life 25years Contact Park Director r Category Park Improvements g rS' P Priority Community Investment Council District 1 y k r Status Active Description New approximately 2.9 mile hike and bike trailhead as part of the Harbor Bridge Mitigation park projects that will connect he newly established Washington Coles Park to the Harbor Bridge multi-mobile path linking them to North Beach. This trail will also provide connectivity to H.J. Williams Park. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 1,473,500 1,473,500 Eng,Admin Reimbursements 162,085 162,085 Total 1,635,585 1,635,585 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(New) 582,985 582,985 G.O. Bond Prior 758,600 758,600 Metropolitan Planning Organization 294,000 294,000 Total 1,635,585 1,635,585 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 112 Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project 24414 Project Name Harbor Bridge Mitigation - T.C.Ayers ParkF>� f ®� Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director � w Category Park Improvements Priority Community Investment ' Council District 1 F_ Status Active � Description fu l T.C.AYERS PARK LEVY�.�halff -- T.C.Ayers Park will be a part of the Harbor Bridge Mitigation park projects located off Lake and Winnebago streets.This project will focused on construction and development of a park that will have a sidewalk trail,landscaping,shade trees,restrooms,splash pad,softball field,and lighting for pedestrian and softball field. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 2,177,300 2,177,300 Eng,Admin Reimbursements 239,503 239,503 Total 2,416,803 2,416,803 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(New) 1,761,803 1,761,803 G.O. Bond Prior 385,000 385,000 Metropolitan Planning Organization 270,000 270,000 Total 2,416,803 2,416,803 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 113 Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project# 24416 Project Name Harbor Bridge Mitigation-Hill Crest Aquatic Center Type Improvement/Additions Department Parks&Recreation Useful Life 25 years Contact Director of Parks&Recreation % Category Park Improvements Priority Priority Level 1 �- S,eo=oo Council District 1 Status Active Description Hill Crest Aquatic Center will be a part of the Harbor Bridge Mitigation park projects located off Lake and Winnebago streets.This project will focused on construction and development of a 13,500 sf pool that will have a pavilion with restrooms,bleachers,shade sails and parking lot to accommodate 60 cars. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community.To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Design 600,000 600,000 Eng,Admin Reimbursements 66,000 66,000 Total 666,000 666,000 Funding Sources Prior Years 2024 2025 2026 Total G.O. Bond Prior 660,000 660,000 Total 660,000 660,000 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. Capital Improvement Plan 2024 rhru 2026 City of Corpus Christi, Texas Project# 24415 �.. Project Name Harbor Bridge Mitigation -Washington Coles Park � �� -�� • �.� 0 , Type Improvement/Additions Department Parks and Recreation?` C� '= Useful Life 25 years Contact Park Director �. Category Park Improvements Priority CommunityInvestment v� I Council District 1 Status Active hl Description WASHINGTON COLES PARK LEVY haLff Washington Coles Park will be a part of the Harbor Bridge Mitigation park projects and will be located of Sam Rankin and Alameda street. This project will focus on design and development of a park that will include a stage and seating,covered pavilion and vendor space,trails,Food Truck area,restrooms,large parking lot and other park amenities. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. To provide recreational,social and cultural programs and activities. Expenditures Prior Years 2024 2025 2026 Total Construction/Rehab 8,039,525 8,039,525 Eng,Admin Reimbursements 884,348 884,348 Total 8,923,873 8,923,873 Funding Sources Prior Years 2024 2025 2026 Total Certificates of Obligation(New) 7,393,152 7,393,152 G.O. Bond Prior 123,721 123,721 Metropolitan Planning Organization 1,407,000 1,407,000 Total 8,923,873 8,923,873 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 114 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For STP_MM Reconstruction Project Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the The City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITNESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as construct pedestrian and bike facilities. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated (Enter Date of Resolution), which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the AFA LongGen Page 1 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government* Utilities Article 8 2. State* Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. Local Government Construction Responsibilities Article 12 5. N/A Right of Way and Real Property Article 14 An asterisk next to the party responsible for specific work in the above table indicates that the associated specific work is not anticipated as part of the Project and is therefore not included in the budget; however, the party indicated will be responsible for that specific work if that work is not the subject of another agreement and the State determines that the specific work has become necessary to successful completion of the Project. 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of constructing a hike and bike trail beginning at From H.J. Williams Park at Kennedy Avenue and Winnebago Street, along Winnebago Street to Lake Street, along Lake Street to Sam Rankin Street, along Sam Rankin Street to Winnebago Street, on Winnebago west to Josephine Street, on Winnebago east to Solomon Coles High School, and on N. Alameda Street from Winnebago Street to Lake Street. All of the above work will be constructed based on the design plans provided by the local government.The local government is responsible for all utility relocation within the project limits. The local government is responsible for Architectual and Engineering services within the project limits 4. Project Sources and Uses of Funds AFA LongGen Page 2 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and AFA LongGen Page 3 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days AFA LongGen Page 4 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. AFA LongGen Page 5 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). AFA LongGen Page 6 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. AFA LongGen Page 7 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. The Local Government shall be responsible for the following: A. Right of way and real property acquisition shall be the responsibility of the Local Government. Title to right of way and other related real property must be acceptable to the State before funds may be expended for the improvement of the right of way or real property. B. If the Local Government is the owner of any part of the Project site under this Agreement, the Local Government shall permit the State or its authorized representative access to occupy the site to perform all activities required to execute the work. C. All parties to this Agreement will comply with and assume the costs for compliance with all the requirements of Title II and Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, Title 42 U.S.C.A. Section 4601 et seq., including those provisions relating to incidental expenses incurred by the property owners in conveying the real property to the Local Government and benefits applicable to the relocation of any displaced person as defined in 49 CFR Section 24.2(g). Documentation to support such compliance must be maintained and made available to the State and its representatives for review and inspection. D. The Local Government shall assume all costs and perform necessary requirements to provide any necessary evidence of title or right of use in the name of the Local Government to the real property required for development of the Project. The evidence of title or rights shall be acceptable to the State, and be free and clear of all encroachments. The Local Government shall secure and provide easements and any needed rights of entry over any other land needed to develop the Project according to the approved Project plans. The Local Government shall be responsible for securing any additional real property required for completion of the Project. AFA LongGen Page 8 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F E. In the event real property is donated to the Local Government after the date of the State's authorization, the Local Government will provide all documentation to the State regarding fair market value of the acquired property. The State will review the Local Government's appraisal, determine the fair market value and credit that amount towards the Local Government's financial share. If donated property is to be used as a funding match, it may not be provided by the Local Government. The State will not reimburse the Local Government for any real property acquired before execution of this Agreement and the obligation of federal spending authority. F. The Local Government shall prepare real property maps, property descriptions, and other data as needed to properly describe the real property and submit them to the State for approval prior to the Local Government acquiring the real property. Tracings of the maps shall be retained by the Local Government for a permanent record. G. The Local Government agrees to make a determination of property values for each real property parcel by methods acceptable to the State and to submit to the State a tabulation of the values so determined, signed by the appropriate Local Government representative. The tabulations shall list the parcel numbers, ownership, acreage and recommended compensation. Compensation shall be shown in the component parts of land acquired, itemization of improvements acquired, damages (if any) and the amounts by which the total compensation will be reduced if the owner retains improvements. This tabulation shall be accompanied by an explanation to support the determined values, together with a copy of information or reports used in calculating all determined values. Expenses incurred by the Local Government in performing this work may be eligible for reimbursement after the Local Government has received written authorization by the State to proceed with determination of real property values. The State will review the data submitted and may base its reimbursement for parcel acquisitions on these values. H. Reimbursement for real property costs will be made to the Local Government for real property purchased in an amount not to exceed eighty percent (80%) of the cost of the real property purchased in accordance with the terms and provisions of this Agreement. Reimbursement will be in an amount not to exceed eighty percent (80%) of the State's predetermined value of each parcel, or the net cost of the parcel, whichever is less. In addition, reimbursement will be made to the Local Government for necessary payments to appraisers, expenses incurred in order to assure good title, and costs associated with the relocation of displaced persons and personal property as well as incidental expenses. I. If the Project requires the use of real property to which the Local Government will not hold title, a separate agreement between the owners of the real property and the Local Government must be executed prior to execution of this Agreement. The separate agreement must establish that the Project will be dedicated for public use for a period of not less than 10 (ten) years after completion. The separate agreement must define the responsibilities of the parties as to the use of the real property and operation and maintenance of the Project after AFA LongGen Page 9 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F completion. The separate agreement must be approved by the State prior to its execution. A copy of the executed agreement shall be provided to the State. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 1201 Leopard Street 125 E. 111h Street Corpus Christi, Texas 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this AFA LongGen Page 10 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20. Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: AFA LongGen Page 11 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government AFA LongGen Page 12 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure AFA LongGen Page 13 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure AFA LongGen Page 14 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal 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. B. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed AFA LongGen Page 15 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F by Title 31 U.S.C. §1352. 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. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://www.q o.gov/fdsys/pkc -2010-09- 14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at singleaudits(a)-txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " AFA LongGen Page 16 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. AFA LongGen Page 17 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name HarborBridge Hike and Bike AFA Not Used For Research&Development Connectivity I F 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Jeffrey Edmonds, P.E. Typed or Printed Name Typed or Printed Name Director Contract Services Division Director of Engineering Services Typed or Printed Title Typed or Printed Title Date Date AFA LongGen Page 18 of 17 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Harbor Bridge Hike and Bike- AFA Not Used For Research&Development Connectivity I F ATTACHMENT A LOCATION MAP SHOWING PROJECT 1�Xi CSJ:C]916-35-195 From HJ WilliamsW fl ams Park at Kernedy Avenue and Winnebago Street, �I alon Winneh�go Street to Lake Street,along Lake Street to Sam !,1 #•'^ RanLi n Street along Sam Rankin Street t W nehago Street on i x Winnebago west to Josephine Street,v Winnebago nehago east to Salomon Coles High School and on tJ Alameda Street from Winnebago Street to Lake Street- FI-J- •j �� Williams Park ILi� Salorrwn Coles ; High School f rr i%c • i Winnebago St --�w AP— — I it n Legend _ rrr Ld: Hike&Bike Trail -- L�..s:.���Z. � - Y' �-.�. .`f'l'1-S'fl`n'it •�1ei!•lr yli..- Ll�. - ,. rwmn, Page 1 of 1 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CCSJ# 0916-35-195 1 AFA ID Z00006245 CFDA No. 20.205 AFA CSJs 0916-35-195 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Harbor Bridge Hike and Bike - AFA Not Used For Research&Development Connectivity ATTACHMENT B PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the costs and cost overruns. Description Total Estimated Federal State Local Participation Cost Participation Participation Cost % Cost % Cost Engineering (by $100,000.00 0% $ 0% $0 100%$100,000.0 Local Government) Construction (by $1,420,000.00 80%$1,136,000.00 0% $0 20% $284,000.0 Local Government Subtotal $1,520,000.00 $1,136,000.00 $0 $384,000.0 Environmental Direct $1,200.00 0% $0 100%$1,200.00 0% $0 State Costs Right of Way Direct $1,200.00 0% $0 0% $0 100%$1,200.00 State Costs Engineering Direct $3,000.00 0% $0 0% $0 100%$3,000.00 State Costs Utility Direct State $1,200.00 0% $0 0% $0 100%$1,200.00 Costs Construction Direct $12,000.00 0% $0 0% $0 100%$12,000.00 State Costs Indirect State Costs $43,959.65 0% $0 100%$43,959.65 0% $0 TOTAL $1,582,559.65 $1,136,000.00 $45,159.65 $401,400.0 Initial payment by the Local Government to the State: $5,400.00 Payment by the Local Government to the State before construction: $12,000.00 Estimated total payment by the Local Government to the State $17,400.00. This is an estimate.The final amount of Local Government participation will be based on actual costs. Page 1 of 1 AFA LongGen Attachment B TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For STP-Flex Mitigation Project Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITN ESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as Park Mitigation for Harbor Bridge. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated (Enter Date of Resolution), which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. AFA LongGen Page 1 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government* Utilities Article 8 2. State* Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. Local Government Construction Responsibilities Article 12 5. State* Right of Way and Real Property Article 14 An asterisk next to the party responsible for specific work in the above table indicates that the associated specific work is not anticipated as part of the Project and is therefore not included in the budget; however, the party indicated will be responsible for that specific work if that work is not the subject of another agreement and the State determines that the specific work has become necessary to successful completion of the Project. 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of constructing amenities at greenspace within the City of Corpus Christi to meet Harbor Bridge environmental mitigation requirements (HB parks mitigation Part B). 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of AFA LongGen Page 2 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F Transportation" and retains qualification in accordance with applicable TxDOT procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to AFA LongGen Page 3 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as AFA LongGen Page 4 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F 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. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any AFA LongGen Page 5 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. AFA LongGen Page 6 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F I n procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was AFA LongGen Page 7 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. The Local Government agrees to operate and maintain the existing park facilities and amenities for a minimum of 20 years and ensure those facilities and amenities remain available for public use during that time. 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 1201 Leopard Street 125 E. 11 t" Street Corpus Christi, Texas 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts AFA LongGen Page 8 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. 20. Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access AFA LongGen Page 9 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA AFA LongGen Page 10 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, AFA LongGen Page 11 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). AFA LongGen Page 12 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal 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. B. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall AFA LongGen Page 13 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. 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. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX AFA LongGen Page 14 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F 78701 or contact TxDOT's Compliance Division by email at singleaudits(utxdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. AFA LongGen Page 15 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Jeffrey Edmonds, P.E. Typed or Printed Name Typed or Printed Name Director of Contract Services Director of Engineering Services Typed or Printed Title Typed or Printed Title Date Date AFA LongGen Page 16 of 16 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F ATTACHMENT A LOCATION MAP SHOWING PROJECT ' 9. • �• Al CSJ:09616-35-265 ,." On New Location in Hillcrest Area to ^ ' s' at Winnebago St.and Fisk Court t „ } l f � Legend . Park Migatk n Fart 8 Page 1 of 1 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F ATTACHMENT B PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding for eligible cost until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the remaining cost. Description Total Estimated Federal State Participation Local Participation Cost Participation Cost % Cost % Cost Engineering $300,000.00 0% $0 0% $0 100%$300,000.00 (by Local Government Construction $5,500,000.00 80%$4,400,000.00 20% $1,100,000.00 0% $0 (by Local Government) Construction $6,000,000.00 0% $0 0% $0 100%$6,000,000.00 (by Local Government Subtotal $11,800,000.00 $4,400,000.00 $1,100,000.00 $6,300,000.00 Environmental $2,400.00 0% $0 100%$2,400.00 0% $0 Direct State Costs Right of Way $2,400.00 0% $0 0% $0 100%$2,400.00 Direct State Costs Engineering $10,000.00 0% $0 0% $0 100%$10,000.00 Direct State Costs Utility Direct $2,400.00 0% $0 0% $0 100%$2,400.00 State Costs Construction $24,000.00 0% $0 0% $0 100%$24,000.00 Direct State Costs Indirect State $143,348.16 0% $0 100%$143,348.16 0% $0 Costs TOTAL $11,984,548.16 $4,400,000.00 $1,245,748.16 L 1$6,338,800.00 L I -FT F I Page 1 of 2 AFA LongGen Attachment B TxDOT: Federal Highway Administration: CCSJ# 0916-35-265 1 AFA ID Z00010085 CFDA No. 20.205 AFA CSJs 0916-35-265 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name P Bus Christi HB Parks Mitigation AFA Not Used For Research&Development I F Initial payment by the Local Government to the State: $14,800.00 Payment by the Local Government to the State before construction: $24,000.00 Estimated total payment by the Local Government to the State $38,800.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 2 of 2 AFA LongGen Attachment B TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development STATE OF TEXAS § COUNTY OF TRAVIS § ADVANCE FUNDING AGREEMENT For Surface Transportation Block Grant STBG Off-System THIS AGREEMENT (Agreement) is made by and between the State of Texas, acting by and through the Texas Department of Transportation called the "State", and the City of Corpus Christi, acting by and through its duly authorized officials, called the "Local Government". The State and Local Government shall be collectively referred to as "the parties" hereinafter. WITN ESSETH WHEREAS, federal law establishes federally funded programs for transportation improvements to implement its public purposes, and WHEREAS, the Texas Transportation Code, Section 201.103 establishes that the State shall design, construct and operate a system of highways in cooperation with local governments, and Section 222.052 authorizes the Texas Transportation Commission to accept contributions from political subdivisions for development and construction of public roads and the state highway system within the political subdivision, and WHEREAS, federal and state laws require local governments to meet certain contract standards relating to the management and administration of State and federal funds, and WHEREAS, the Texas Transportation Commission has codified 43 TAC, Rules 15.50-15.56 that describe federal, state, and local responsibilities for cost participation in highway improvement and other transportation projects, and WHEREAS, the Texas Transportation Commission passed Minute Order Number 116522 authorizing the State to undertake and complete a highway improvement or other transportation project generally described as park mitigation for Harbor Bridge. The portion of the project work covered by this Agreement is identified in the Agreement, Article 3, Scope of Work (Project), and WHEREAS, the Governing Body of the Local Government has approved entering into this Agreement by resolution, ordinance, or commissioners court order dated (Enter Date of Resolution), which is attached to and made a part of this Agreement as Attachment C, Resolution, Ordinance, or Commissioners Court Order (Attachment C). A map showing the Project location appears in Attachment A, Location Map Showing Project (Attachment A), which is attached to and made a part of this Agreement. AFA LongGen Page 1 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties, to be by them respectively kept and performed as set forth in this Agreement, it is agreed as follows: AGREEMENT 1. Responsible Parties: For the Project covered by this Agreement, the parties shall be responsible for the following work as stated in the article of the Agreement referenced in the table below: 1 Local Government Utilities Article 8 2. State* Environmental Assessment and Mitigation Article 9 3. Local Government Architectural and Engineering Services Article 11 4. Local Government Construction Responsibilities Article 12 5. State* Right of Way and Real Property Article 14 An asterisk next to the party responsible for specific work in the above table indicates that the associated specific work is not anticipated as part of the Project and is therefore not included in the budget; however, the party indicated will be responsible for that specific work if that work is not the subject of another agreement and the State determines that the specific work has become necessary to successful completion of the Project. 2. Period of the Agreement This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. This Agreement shall remain in effect until the Project is completed or unless terminated as provided below. 3. Scope of Work The scope of work for the Project consists of engineering and constructing amenities at several parks within the City of Corpus Christi; HJ Williams Park, T.C. Ayers Parks/South Park,Washington School Site/Washington Coles Park, and Ben Garza Park. 4. Project Sources and Uses of Funds The total estimated cost of the Project is shown in Attachment B, Project Budget (Attachment B) which is attached to and made a part of this Agreement. A. If the Local Government will perform any work under this Agreement for which reimbursement will be provided by or through the State, the Local Government must complete training. If federal funds are being used, the training must be completed before federal spending authority is obligated. Training is complete when at least one individual who is working actively and directly on the Project successfully completes and receives a certificate for the course entitled "Local Government Project Procedures and Qualification for the Texas Department of Transportation" and retains qualification in accordance with applicable TxDOT AFA LongGen Page 2 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development procedures. Upon request, the Local Government shall provide the certificate of qualification to the State. The individual who receives the training certificate may be an employee of the Local Government or an employee of a firm that has been contracted by the Local Government to perform oversight of the Project. The State in its discretion may deny reimbursement if the Local Government has not continuously designated in writing a qualified individual to work actively on or to directly oversee the Project. B. The expected cash contributions from the federal government, the State, the Local Government, or other parties are shown in Attachment B. The State will pay for only those Project costs that have been approved by the Texas Transportation Commission. For projects with federal funds, the State and the federal government will not reimburse the Local Government for any work performed before the federal spending authority is formally obligated to the Project by the Federal Highway Administration (FHWA). After federal funds have been obligated, the State will send to the Local Government a copy of the formal documentation showing the obligation of funds including federal award information. The Local Government is responsible for 100% of the cost of any work performed under its direction or control before the federal spending authority is formally obligated. C. Attachment B shows, by major cost categories, the cost estimates and the party responsible for performing the work for each category. These categories may include but are not limited to: (1) costs of real property; (2) costs of utility work; (3) costs of environmental assessment and remediation; (4) cost of preliminary engineering and design; (5) cost of construction and construction management; and (6) any other local project costs. D. The State will be responsible for securing the federal and State share of the funding required for the development and construction of the local Project. If the Local Government is due funds for expenses incurred, these funds will be reimbursed to the Local Government on a cost basis. E. The Local Government will be responsible for all non-federal or non-State participation costs associated with the Project, unless otherwise provided for in this Agreement or approved otherwise in an amendment to this Agreement. For items of work subject to specified percentage funding, the Local Government shall only in those instances be responsible for all Project costs that are greater than the maximum State and federal participation specified in Attachment B and for overruns in excess of the amount specified in Attachment B to be paid by the Local Government. F. The budget in Attachment B will clearly state all items subject to fixed price funding, specified percentage funding, and the periodic payment schedule, when periodic payments have been approved by the State. G. When the Local Government bears the responsibility for paying cost overruns, the Local Government shall make payment to the State within thirty (30) days from the receipt of the State's written notification of additional funds being due. H. When fixed price funding is used, the Local Government is responsible for the fixed price amount specified in Attachment B. Fixed prices are not subject to adjustment unless (1) differing site conditions are encountered; (2) further definition of the Local Government's requested scope of work identifies greatly AFA LongGen Page 3 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development differing costs from those estimated; (3) work requested by the Local Government is determined to be ineligible for federal participation; or (4) the adjustment is mutually agreed to by the State and the Local Government. I. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment B. At a minimum, this amount shall equal the Local Government's funding share for the estimated cost of preliminary engineering performed or reviewed by the State for the Project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction cost. J. The State will not execute the contract for the construction of the Project until the required funding has been made available by the Local Government in accordance with this Agreement. K. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation" or may use the State's Automated Clearing House (ACH) system for electronic transfer of funds in accordance with instructions provided by TxDOT's Finance Division. The funds shall be deposited and managed by the State and may only be applied by the State to the Project. L. The State will not pay interest on any funds provided by the Local Government. M. If a waiver for the collection of indirect costs for a service project has been granted under 43 TAC §15.56, the State will not charge the Local Government for the indirect costs the State incurs on the Project, unless this Agreement is terminated at the request of the Local Government prior to completion of the Project. N. If the Local Government is an Economically Disadvantaged County (EDC) and if the State has approved adjustments to the standard financing arrangement, this Agreement reflects those adjustments. O. Where the Local Government is authorized to perform services under this Agreement and be reimbursed by the State, the Local Government is authorized to submit requests for reimbursement by submitting the original of an itemized invoice, in a form and containing all items required by the State, no more frequently than monthly and no later than ninety (90) days after costs are incurred. If the Local Government submits invoices more than ninety (90) days after the costs are incurred and if federal funding is reduced as a result, the State shall have no responsibility to reimburse the Local Government for those costs. P. Upon completion of the Project, the State will perform a final accounting of the Project costs for all items of work with specified percentage funding. Any funds due by the Local Government, the State, or the federal government for these work items will be promptly paid by the owing party. Q. The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide AFA LongGen Page 4 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development the state auditor with access to any information the state auditor considers relevant to the investigation or audit. R. Payment under this Agreement beyond the end of the current fiscal biennium is subject to availability of appropriated funds. If funds are not appropriated, this Agreement shall be terminated immediately with no liability to either party. 5. Termination of This Agreement This Agreement shall remain in effect until the Project is completed and accepted by all parties, unless: A. The Agreement is terminated in writing with the mutual consent of the parties; B. The Agreement is terminated by one party because of a breach, in which case any costs incurred because of the breach shall be paid by the breaching party; C. The Local Government elects not to provide funding after the completion of preliminary engineering, specifications, and estimates (PS&E) and the Project does not proceed because of insufficient funds, in which case the Local Government agrees to reimburse the State for its reasonable actual costs incurred during the Project; or D. The Agreement is terminated by the State because the parties are not able to execute a mutually agreeable amendment when the costs for Local Government requested items increase significantly due to differing site conditions, determination that Local government requested work is ineligible for federal or state cost participation, or a more thorough definition of the Local Government's proposed work scope identifies greatly differing costs from those estimated. The State will reimburse Local Government remaining funds to the Local Government within ninety (90) days of termination; or E. The Project is inactive for thirty-six (36) consecutive months or longer and no expenditures have been charged against federal funds, in which case the State may in its discretion terminate this Agreement. 6. Amendments Amendments to this Agreement due to changes in the character of the work, terms of the Agreement, or responsibilities of the parties relating to the Project may be enacted through a mutually agreed upon, written amendment. 7. Remedies This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 8. Utilities The party named in Article 1, Responsible Parties, under AGREEMENT shall be responsible for the adjustment, removal, or relocation of utility facilities in accordance with applicable state laws, regulations, rules, policies, and procedures, including any cost to the State of a delay resulting from the Local Government's failure to ensure that utility facilities are adjusted, removed, or relocated before the scheduled beginning of construction. The Local Government will not be reimbursed with federal or State funds for the cost of required utility work. The Local Government must obtain advance AFA LongGen Page 5 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development approval for any variance from established procedures. Before a construction contract is let, the Local Government shall provide, at the State's request, a certification stating that the Local Government has completed the adjustment of all utilities that must be adjusted before construction is commenced. 9. Environmental Assessment and Mitigation Development of a transportation project must comply with the National Environmental Policy Act and the National Historic Preservation Act of 1966, which require environmental clearance of federal-aid projects. The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. The identification and assessment of any environmental problems associated with the development of a local project governed by this Agreement. B. The cost of any environmental problem's mitigation and remediation. C. Providing any public meetings or public hearings required for the environmental assessment process. Public hearings will not be held prior to the approval of the Project schematic. D. The preparation of the NEPA documents required for the environmental clearance of this Project. If the Local Government is responsible for the environmental assessment and mitigation, before the advertisement for bids, the Local Government shall provide to the State written documentation from the appropriate regulatory agency or agencies that all environmental clearances have been obtained. 10. Compliance with Accessibility Standards All parties to this Agreement shall ensure that the plans for and the construction of all projects subject to this Agreement are in compliance with standards issued or approved by the Texas Department of Licensing and Regulation (TDLR) as meeting or consistent with minimum accessibility requirements of the Americans with Disabilities Act (P.L. 101- 336) (ADA). 11. Architectural and Engineering Services The party named in Article 1, Responsible Parties, under AGREEMENT has responsibility for the performance of architectural and engineering services. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges and the special specifications and special provisions related to it. For projects on the State highway system, the design shall, at a minimum conform to applicable State manuals. For projects not on the State highway system, the design shall, at a minimum, conform to applicable American Association of State Highway and Transportation Officials (AASHTO) design standards. In procuring professional services, the parties to this Agreement must comply with federal requirements cited in 23 CFR Part 172 if the Project is federally funded and with Texas Government Code 2254, Subchapter A, in all cases. Professional contracts for federally funded projects must conform to federal requirements, specifically including the provision for participation by Disadvantaged Business Enterprises (DBEs), ADA, and AFA LongGen Page 6 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development environmental matters. If the Local Government is the responsible party, the Local Government shall submit its procurement selection process for prior approval by the State. All professional services contracts must be reviewed and approved by the State prior to execution by the Local Government. 12. Construction Responsibilities The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the following: A. Advertise for construction bids, issue bid proposals, receive and tabulate the bids, and award and administer the contract for construction of the Project. Administration of the contract includes the responsibility for construction engineering and for issuance of any change orders, supplemental agreements, amendments, or additional work orders that may become necessary subsequent to the award of the construction contract. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. B. If the State is the responsible party, the State will use its approved contract letting and award procedures to let and award the construction contract. C. If the Local Government is the responsible party, the Local Government shall submit its contract letting and award procedures to the State for review and approval prior to letting. D. If the Local Government is the responsible party, the State must concur with the low bidder selection before the Local Government can enter into a contract with the vendor. E. If the Local Government is the responsible party, the State must review and approve change orders. F. Upon completion of the Project, the party responsible for constructing the Project will issue and sign a "Notification of Completion" acknowledging the Project's construction completion and submit certification(s) sealed by a professional engineer(s) licensed in the State of Texas. G. For federally funded contracts, the parties to this Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA-1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR 635, Subpart B. 13. Project Maintenance The Local Government shall be responsible for maintenance of locally owned roads and locally owned facilities after completion of the work. The State shall be responsible for maintenance of the State highway system after completion of the work if the work was on the State highway system, unless otherwise provided for in existing maintenance agreements with the Local Government. The Local Government agrees to operate and maintain the locally owned park facilities and amenities that are the subject of this agreement for a minimum of 20 years from termination of this Agreement and ensure these facilities and amenities remain available for public and recreational use during that time. AFA LongGen Page 7 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development 14. Right of Way and Real Property The party named in Article 1, Responsible Parties, under AGREEMENT is responsible for the provision and acquisition of any needed right of way or real property. 15. Insurance If this Agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work, the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Notices All notices to either party shall be delivered personally or sent by certified or U.S. mail, postage prepaid, addressed to that party at the following address: Local Government: State: City of Corpus Christi Texas Department of Transportation ATTN: Director of Engineering Services ATTN: Director of Contract Services 1201 Leopard Street 125 E. 11 t" Street Corpus Christi, Texas 78401 Austin, TX 78701 All notices shall be deemed given on the date delivered in person or deposited in the mail, unless otherwise provided by this Agreement. Either party may change the above address by sending written notice of the change to the other party. Either party may request in writing that notices shall be delivered personally or by certified U.S. mail, and that request shall be carried out by the other party. 17. Legal Construction If one or more of the provisions contained in this Agreement shall for any reason be held invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions and this Agreement shall be construed as if it did not contain the invalid, illegal, or unenforceable provision. 18. Responsibilities of the Parties The State and the Local Government agree that neither party is an agent, servant, or employee of the other party, and each party agrees it is responsible for its individual acts and deeds as well as the acts and deeds of its contractors, employees, representatives, and agents. AFA LongGen Page 8 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development 19. Ownership of Documents Upon completion or termination of this Agreement, all documents prepared by the State shall remain the property of the State. All data and information prepared under this Agreement shall be made available to the State without restriction or limitation on their further use. All documents produced or approved or otherwise created by the Local Government shall be transmitted to the State, in the format directed by the State, on a monthly basis or as required by the State. The originals shall remain the property of the Local Government. . 20. Compliance with Laws The parties to this Agreement shall comply with all federal, state, and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this Agreement. When required, the Local Government shall furnish the State with satisfactory proof of this compliance. 21. Sole Agreement This Agreement constitutes the sole and only agreement between the parties and supersedes any prior understandings or written or oral agreements respecting the Agreement's subject matter. 22. Cost Principles In order to be reimbursed with federal funds, the parties shall comply with the cost principles established in 2 CFR 200 that specify that all reimbursed costs are allowable, reasonable, and allocable to the Project. 23. Procurement and Property Management Standards The parties to this Agreement shall adhere to the procurement and property management standards established in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, and to the Texas Uniform Grant Management Standards. The State must pre-approve the Local Government's procurement procedures for purchases to be eligible for state or federal funds. 24. Inspection of Books and Records The parties to this Agreement shall maintain all books, documents, papers, accounting records, and other documentation relating to costs incurred under this Agreement and shall make such materials available to the State, the Local Government, and, if federally funded, the FHWA and the U.S. Office of the Inspector General or their duly authorized representatives for review and inspection at its office during the Agreement period and for seven (7) years from the date of final reimbursement by FHWA under this Agreement or until any impending litigation or claims are resolved. Additionally, the State, the Local Government, and the FHWA and their duly authorized representatives shall have access to all the governmental records that are directly applicable to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. AFA LongGen Page 9 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development 25. Civil Rights Compliance The parties to this Agreement are responsible for the following: A. Compliance with Regulations: Both parties will comply with the Acts and the Regulations relative to Nondiscrimination in Federally-assisted programs of the U.S. Department of Transportation (USDOT), the Federal Highway Administration (FHWA), as they may be amended from time to time, which are herein incorporated by reference and made part of this Agreement. B. Nondiscrimination: The Local Government, with regard to the work performed by it during the Agreement, will not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Local Government will not participate directly or indirectly in the discrimination prohibited by the Acts and the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 CFR Part 21. C. Solicitations for Subcontracts, Including Procurement of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the Local Government for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor or supplier will be notified by the Local Government of the Local Government's obligations under this Agreement and the Acts and Regulations relative to Nondiscrimination on the grounds of race, color, or national origin. D. Information and Reports: The Local Government will provide all information and reports required by the Acts, the Regulations, and directives issued pursuant thereto, and will permit access to its books, records, accounts, other sources of information, and facilities as may be determined by the State or the FHWA to be pertinent to ascertain compliance with such Acts, Regulations or directives. Where any information required of the Local Government is in the exclusive possession of another who fails or refuses to furnish this information, the Local Government will so certify to the State or the FHWA, as appropriate, and will set forth what efforts it has made to obtain the information. E. Sanctions for Noncompliance: In the event of the Local Government's noncompliance with the Nondiscrimination provisions of this Agreement, the State will impose such contract sanctions as it or the FHWA may determine to be appropriate, including, but not limited to: 1. withholding of payments to the Local Government under the Agreement until the Local Government complies and/or 2. cancelling, terminating, or suspending of the Agreement, in whole or in part. F. Incorporation of Provisions: The Local Government will include the provisions of paragraphs (A) through (F) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Acts, the Regulations and directives issued pursuant thereto. The Local Government will take such action with respect to any subcontract or procurement as the State or the FHWA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Local Government becomes involved in, or is threatened with, litigation with a subcontractor or supplier because of such direction, the Local Government may request the State to enter into such AFA LongGen Page 10 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development litigation to protect the interests of the State. In addition, the Local Government may request the United States to enter into such litigation to protect the interests of the United States. 26. Pertinent Non-Discrimination Authorities During the performance of this Agreement, each party, for itself, its assignees, and successors in interest agree to comply with the following nondiscrimination statutes and authorities; including but not limited to: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (pro-hibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of federal or federal-aid programs and projects). C. Federal-Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), as amended, (prohibits discrimination on the basis of sex). D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.) as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27. E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits discrimination on the basis of age). F. Airport and Airway Improvement Act of 1982, (49 U.S.C. Chapter 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex). G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the federal-aid recipients, subrecipients and contractors, whether such programs or activities are federally funded or not). H. Titles II and III of the Americans with Disabilities Act, which prohibits discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38. I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex). J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations. K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure AFA LongGen Page 11 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development compliance with Title VI, the parties must take reasonable steps to ensure that LEP persons have meaningful access to the programs (70 Fed. Reg. at 74087 to 74100). L. Title IX of the Education Amendments of 1972, as amended, which prohibits the parties from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq.). 27. Disadvantaged Business Enterprise (DBE) Program Requirements If federal funds are used: A. The parties shall comply with the Disadvantaged Business Enterprise Program requirements established in 49 CFR Part 26. B. The Local Government shall adopt, in its totality, the State's federally approved DBE program. C. The Local Government shall incorporate into its contracts with subproviders an appropriate DBE goal consistent with the State's DBE guidelines and in consideration of the local market, project size, and nature of the goods or services to be acquired. The Local Government shall submit its proposed scope of services and quantity estimates to the State to allow the State to establish a DBE goal for each Local Government contract with a subprovider. The Local Government shall be responsible for documenting its actions. D. The Local Government shall follow all other parts of the State's DBE program referenced in TxDOT Form 2395, Memorandum of Understanding Regarding the Adoption of the Texas Department of Transportation's Federally-Approved Disadvantaged Business Enterprise by Entity, and attachments found at web address http://ftp.dot.state.tx.us/pub/txdot- info/bop/dbe/mou/mou attachments.pdf. E. The Local Government shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any U.S. Department of Transportation (DOT)-assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Local Government shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non- discrimination in award and administration of DOT-assisted contracts. The State's DBE program, as required by 49 CFR Part 26 and as approved by DOT, is incorporated by reference in this Agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Local Government of its failure to carry out its approved program, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). F. Each contract the Local Government signs with a contractor (and each subcontract the prime contractor signs with a sub-contractor) must include the following assurance: The contractor, sub-recipient, or sub-contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by the contractor to carry out these requirements is a material breach of this AFA LongGen Page 12 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development Agreement, which may result in the termination of this Agreement or such other remedy as the recipient deems appropriate. 28. Debarment Certifications If federal funds are used, the parties are prohibited from making any award at any tier to any party that is debarred or suspended or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549, "Debarment and Suspension." By executing this Agreement, the Local Government certifies that it and its principals are not currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549 and further certifies that it will not do business with any party, to include principals, that is currently debarred, suspended, or otherwise excluded from or ineligible for participation in Federal Assistance Programs under Executive Order 12549. The parties to this Agreement shall require any party to a subcontract or purchase order awarded under this Agreement to certify its eligibility to receive federal funds and, when requested by the State, to furnish a copy of the certification. If state funds are used, the parties are prohibited from making any award to any party that is debarred under the Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter G, Rule §20.585 and the Texas Administrative Code, Title 43, Part 1, Chapter 9, Subchapter G. 29. Lobbying Certification If federal funds are used, in executing this Agreement, each signatory certifies to the best of that signatory's knowledge and belief, that: A. No federal appropriated funds have been paid or will be paid by or on behalf of the parties to any person for influencing or attempting to influence an officer or employee of any federal 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. B. 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 federal contracts, grants, loans, or cooperative agreements, the signatory for the Local Government shall complete and submit the Federal Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The parties shall require that the language of this certification shall be included in the award documents for all sub-awards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and all sub-recipients shall certify and disclose accordingly. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Title 31 U.S.C. §1352. Any person who fails to file the required certification AFA LongGen Page 13 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. 30. Federal Funding Accountability and Transparency Act Requirements If federal funds are used, the following requirements apply: A. Any recipient of funds under this Agreement agrees to comply with the Federal Funding Accountability and Transparency Act (FFATA) and implementing regulations at 2 CFR Part 170, including Appendix A. This Agreement is subject to the following award terms: http://www.gpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22705.pdf and http://www.qpo.gov/fdsys/pkq/FR-2010-09- 14/pdf/2010-22706.pdf. B. The Local Government agrees that it shall: 1. Obtain and provide to the State a System for Award Management (SAM) number (Federal Acquisition Regulation, Part 4, Sub-part 4.11) if this award provides more than $25,000 in federal funding. The SAM number may be obtained by visiting the SAM website whose address is: https://www.sam.gov/portal/public/SAM/ 2. Obtain and provide to the State a Data Universal Numbering System (DUNS) number, a unique nine-character number that allows federal government to track the distribution of federal money. The DUNS may be requested free of charge for all businesses and entities required to do so by visiting the Dun & Bradstreet (D&B) on-line registration website http://fedgov.dnb.com/webform; and 3. Report the total compensation and names of its top five executives to the State if: i. More than 80% of annual gross revenues are from the federal government, and those revenues are greater than $25,000,000; and ii. The compensation information is not already available through reporting to the U.S. Securities and Exchange Commission. 31. Single Audit Report If federal funds are used: A. The parties shall comply with the single audit report requirements stipulated in 2 CFR 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. B. If threshold expenditures of$750,000 or more are met during the fiscal year, the Local Government must submit a Single Audit Report and Management Letter (if applicable) to TxDOT's Compliance Division, 125 East 11th Street, Austin, TX 78701 or contact TxDOT's Compliance Division by email at singleaudits(u-)txdot.gov. C. If expenditures are less than the threshold during the Local Government's fiscal year, the Local Government must submit a statement to TxDOT's Compliance Division as follows: "We did not meet the $ expenditure threshold and therefore, are not required to have a single audit performed for FY " D. For each year the Project remains open for federal funding expenditures, the Local Government will be responsible for filing a report or statement as described above. The required annual filing shall extend throughout the life of the AFA LongGen Page 14 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development Agreement, unless otherwise amended or the Project has been formally closed out and no charges have been incurred within the current fiscal year. 32. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this Agreement on behalf of the entity represented. Each party is signing this Agreement on the date stated under that party's signature. THE STATE OF TEXAS THE LOCAL GOVERNMENT Signature Signature Kenneth Stewart Jeffrey Edmonds, P.E. Typed or Printed Name Typed or Printed Name Director of Contract Services Director of Engineering Services Typed or Printed Title Typed or Printed Title Date Date t AFA LongGen Page 15 of 15 Rev. 2/27/2024 TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development ATTACHMENT A LOCATION MAP SHOWING PROJECT - 7 ...- 7 -- r ,-- At various parks includingIF - Bey, Garza, TC Ayers, Ham � k� V �*:'. Park & Washington School # r;xSite/Washin&t9n Coles Park 147, few ice• II *y x � �w���';^ ��h,,r 4 t U Tm 4 Page 1 of 1 AFA LongGen Attachment A TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development ATTACHMENT B PROJECT BUDGET Costs will be allocated based on 80% Federal funding and 20% Local Government funding for eligible cost until the federal funding reaches the maximum obligated amount. The Local Government will then be responsible for 100% of the remaining cost. Description Total Estimated Federal State Participation Local Participation Cost Participation Cost % Cost % Cost Engineering (by $300,000.00 0% $0 0% $0 100%$300,000.00 Local Government Construction (by 1$4,800,000.00 80%$3,840,000.00 0% $0 20% $960,000.00 Local Government) Construction (by 1815,040.00 0% $0 0% $0 100%$11,815,040.00 Local Government Subtotal $16,915,040.00 $3,840,000.00 $0 $13,075,040.00 Environmental $2,400.00 0% $0 100%$2,400.00 0% $0 Direct State Costs Right of Way $2,400.00 0% $0 0% $0 100%$2,400.00 Direct State Costs Engineering $10,000.00 0% $0 0% $0 100%$10,000.00 Direct State Costs Utility Direct $2,400.00 0% $0 0% $0 100%$2,400.00 State Costs Construction $24,000.00 0% $0 0% $0 100%$24,000.00 Direct State Costs Indirect State $143,348.16 0% $0 100%$143,348.16 0% $0 Costs TOTAL $17,099,588.20 L $3,840,000.03 $145,748.16 L 1$13,113,840.00 7FT I E Page 1 of 2 AFA LongGen Attachment B TxDOT: Federal Highway Administration: CCSJ# 0916-35-196 1 AFA ID Z00006246 CFDA No. 20.205 AFA CSJs 0916-35-196 CFDA Title Highway Planning and Construction District# 16 Code Chart 64# 09800 Project Name Corpus Christi HB Parks Mitigation F AFA Not Used For Research&Development Initial payment by the Local Government to the State: $14,800.00 Payment by the Local Government to the State before construction: $24,000.00 Estimated total payment by the Local Government to the State $38,800.00. This is an estimate. The final amount of Local Government participation will be based on actual costs. Page 2 of 2 AFA LongGen Attachment B .bus cx,� �o Nreoreroea 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of September 10, 2024 Second Reading for the City Council Meeting of September 17, 2024 DATE: August 16, 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 Farm-to-Market Road 2444 (FM-2444/Staples St) and County Road 43 (CR-43) CAPTION: Zoning Case No. ZN8340, Cypress Point Capital LLC (District 5). Ordinance rezoning a property at or near Farm-to-Market Road 2444 (FM-2444/Staples Street) and County Road 43 (CR-43) from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RS-22" Single-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 commercial development and the expansion of the Caroline Height Subdivision. BACKGROUND AND FINDINGS: The subject vacant and undeveloped 18.72-acre tract is located at the southeast quadrant of County Road 43 (CR-43), a proposed A2 class arterial and Farm-to-Market Road 244 (FM-244/Staples Street), a proposed A3 class arterial, with pavement widths of 70 feet and 20 feet respectively. The subject parcel is within the London Area and was recently annexed in 2022. The surrounding properties are part of the London Area. At the exception of the property to the south, the surrounding properties are all outside the City's limits. The property to the north of the subject parcel and Farm-to-Market Road (FM-2444/Staples Street) has a current land use of agricultural, as well as the property to the east. The property to the west of County Road 43 (CR-43) and the subject parcel has current land use of agricultural and public/semi-public land. The property to the South is zoned "RS-22" Single-Family District with agricultural use; and is the Caroline Height Unit 1 subdivision approved by Planning Commission on November 10, 2022. The applicant is requesting two zoning districts at the subject property for commercial uses along Farm-to-Market Road 2444/Staples Street, and Unit 2 of the Planning- Commission-approved, Caroline Height Subdivision. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area; while the "RS-22" Single-Family District allows single-family detached houses, group homes, and limited public and civic uses. The proposed rezoning is consistent with Plan CC and with the FLUM designation of Commercial along Farm-to-Market Road 2444 (FM-2444/S Staples Street); however not entirely with the FLUM of Medium-Density Residential on the interior. Public Input Process: Number of Notices Mailed: 1 notice were mailed within the 200-foot notification area, and 1 outside the notification area. As of September 6, 2024 In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 0.00% of the 200-foot notification area is in opposition. ALTERNATIVES: None. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION(August 7, 2024): Planning Commission and Staff recommend approval of the change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RS- 22" Single-Family District. Vote Results For: 7 Against: 1 Absent: 1 Abstained: 0 LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report ZONING REPORT CASE No ZN8340 Applicant & Subject Property District: 5 Owner: Cypress Point Capital LLC Applicant: Cypress Point Capital LLC Address: Near the southeast corner of County Road 43 (CR-43) and Farm-to-Market Road 2444 (FM-2444/Staples Street), along the east side of County Road 43, and south of Farm-to- Market Road 2444. Legal Description: 37.44 Acres out of the S/2 of Section 30, Laureles Farm Tracts Acreage of Subject Property: 18.72 acre(s). Refer to Attachment (A) Metes & Bounds. Zoning Request From: "FR" Farm Rural District To: "CN-1" Neighborhood Commercial District and "RS-22" Single-Family District Purpose of Request: To allow commercial development and the expansion of the Caroline Height Subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agricultural Commercial, Medium-Density Residential Transportation Transportation North "OCL" Outside City Limit (FM-2444/Staples), (FM-2444/Staples), Agricultural Commercial Agricultural South "RS-22" Single-Family (PC-approved Caroline Medium-Density Residential Heights Unit 1) East "OCL" Outside City Limit Agricultural Commercial, Medium-Density Residential Transportation (CR-43), Transportation (CR-43), West "OCL" Outside City Limit Agricultural Commercial, Public/Semi-Public Government 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 Farm-to-Market Designation Section Proposed Section Existing Road (FM- 70-Foot ROW 2444/Staples "AY Primary Arterial 130-Foot ROW, 4 Lanes St) Divided 6 Lanes Center Turn Lane Designation Section Proposed Section Existing County Road 100-Foot ROW, 20-Foot ROW 43 (CR-43) "A2" Secondary 4 Lanes 1 Lane, Arterial Divided Median No Median/Center Turn Lane Transit: The Corpus Christi RTA does not provide service to the subject property. Bicycle Mobility Plan: The subject property is approximately 2.75 miles away from the nearest proposed one-way cycle track, both sides infrastructure along Oso Parkway. Utilities Gas: None. Stormwater: None. Wastewater: None. The tentative preliminary plat noted that each lot will be supplied with on- site sewerage facilities. Water: (2) 12-inch PVC (Public Distribution) lines have been proposed and approved for construction along the south side of FM-2444 and the east side of CR-43. 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 London ADP (Adopted on March 17, 2020). Water Master Plan: No improvements have been proposed.The subject property is outside the master plan area. Wastewater Master Plan: No improvements have been proposed.The subject property is outside the master plan area. Stormwater Master Plan: No improvements have been proposed.The subject property is outside the master plan area. Roadway Master Plan: No improvements have been proposed.The subject property is outside the master plan area. Public Notification Number of Notices Mailed 1 within a 200-foot notification area 1 outside 200-foot notification area In Opposition 01 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: July 24, 2024 City Council 1st Reading/Public Hearing Date: September 10, 2024 City Council 2►,d Reading Date: September 17, 2024 Background: The subject vacant and undeveloped 18.72-acre tract is located at the southeast quadrant of County Road 43 (CR-43), a proposed A2 class arterial and Farm-to-Market Road 244 (FM-244/Staples Street), a proposed A3 class arterial, with pavement widths of 70 feet and 20 feet respectively. The subject parcel is within the London Area and was recently annexed in 2022. The surrounding properties are part of the London Area. At the exception of the property to the south, the surrounding properties are all outside the City's limits. The property to the north of the subject parcel and Farm-to-Market Road (FM-2444/Staples Street) has a current land use of agricultural, as well as the property to the east. The property to the west of County Road 43 (CR-43) and the subject parcel has current land use of agricultural and public/semi-public land. The property to the South is zoned "RS-22" Single-Family District with agricultural use; and is the Caroline Height Unit 1 subdivision approved by Planning Commission on November 10, 2022. The applicant is requesting two zoning districts at the subject property for commercial uses along Farm-to-Market Road 2444/Staples Street, and Unit 2 of the Planning-Commission-approved, Caroline Height Subdivision. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area; while the "RS-22" Single- Family District allows single-family detached houses, group homes, and limited public and civic uses. The "CN-1" Neighborhood Commercial District allows Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design: o Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP and with the FLUM designation of Commercial along Farm-to-Market Road 2444 (FM-2444/S Staples Street); however not entirely with the FLUM designation Medium-Density Residential on the interior. • Promote land development that enhances the character and opportunities in London. 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 Plan CC and with the FLUM designation of Commercial along Farm-to-Market Road 2444 (FM-2444/S Staples Street); however not entirely with the FLUM of Medium-Density Residential on the interior. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It will not have a negative impact on the surrounding neighborhood. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommendation (July 24, 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 change of zoning from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District and the "RS-22" Single-Family 22 District. Attachment(s): (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit MuRRAY Sass,JR.,P.E.,R.P.L.S. 3054 S.ALAI4 EDA,ZIF 78404 NlXONM.WELSH,P.E.,KEES. 361-882-5521—Fax 361-882-1265 "x .bass-welsh.wm e-mail:murrayirC&aol.wm e-mail:nixmwMgmail.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,IX 78466-6397 May 17,2024 22011-M&B CN-1 CN-1 Zoning Tract STATE OF TEXAS § COUNTS OF NUECES § Description of a 7.593 acre tract of land,more or less,a portion of the South half of Section 30,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records,Nueces County,Texas and being a portion of a 37.440 acre tract described by deed,Document Number 2017046839,official records of said county,said 7.593 acre tract of land as further described by metes and bounds as follows: BEGINNING at the point of intersection of the east right-of-way line of County Road 43,a 40'wide road and the south right- of-way line of S.Staples Street(FM 2444),a 130'wide street,said beginning point for the northwest corner of the tract herein described; THENCE N89°11'20"E 877.72'along said south right-of-way tine of South Staples Street to a point for the northeast corner of the tract herein described and of said 37.440 acre tract; THENCE S00°48'35"E 318.07'along the east boundary line of said 37.440 acre said tract to a point for the southeast corner of the tract herein described; THENCE S89°11'20"W 460.72'to a point for south central interior corner of the tract herein described; THENCE S00°48'40"E 123.73'to a point for south central corner of the tract herein described; THENCE S89a11'20"W 417.00'to a point in said east right-of-way line of County Road 43 for the southwest corner of the tract herein described; THENCE N00°48'35"W 441.80'along said east right-of-way line of Counrty Road 43 to the POINT OF BEGINNING,a sketch showing said 7.593 acre tract for CN-1 zoning being attached hereto as Exhibit"C". OF ixon Welsh,R.P.L S g�! 'KIX6N1 M.WELSH 2211 EXHIBIT "All' �.�•'Q.Q..�a'" o Page 1 of 1 ~�suRyE� MURRAY Bass,JR,,P.E.,R.P.L.S. 3054 S.AL,vmEnA,zip 78404 NixoN M.WELsn,P.E.,R.RL.S. 361-882-5521--anx 361-882-1265 www.bass-welsb.com e-mail:murravir(yaol.com e-mail:nixmwlCNgmail.com BASS&WELSH ENGINEERING TX Registration No.F-52 Survey Registration No.100027-00 P.O.Box 6397 Corpus Christi,TX 78466-6397 May 17,2024 RS-22 Zoning Tract STATE OF TEXAS § COUNTY OF NUECES § Description of an 11.127 acre tract of land,more or less,a portion of the South half of Section 30,Laureles Farm Tracts,a map of which is recorded in Volume 3,Page 15,Map Records,Nueces County,Texas and being a portion of a 37.440 acre tract described by deed,Document Number 2017046839,official records of said county,said 11.127 acre tract of land as further described by metes and bounds as follows: BEGINNING at a point in the east right-of-way line of County Road 43,a 40'wide road,which bears S00°48'35"E 441.80'from the point of intersection of said east right-of-way line of County Road 43 and the south right-of-way line of S.Staples Street (FM 2444),a 130'wide street,said BEGINNING point for the northwest or northernmost west corner of the tract herein described; THENCE N89°11'20"E 417.00'to a point for north central interior corner of the tract herein described; THENCE N00°48'40'W 123.73'to a point for north central corner of the tract herein described; THENCE N89'11'20"E 460.72'to a point in the east boundary line of said 37.440 acre tract for the northeast corner of the tract herein described; THENCE S00°48'35"E 610.99'along said east boundary line of 37.440 acre tract to a point for the southeast corner of the tract herein described; THENCE S89°11'20"W 877.72'to a point in said east right-of-way line of County Road 43 for the southwest corner of the tract herein described; THENCE N00°48'35"W 487.26'along said cast right-of-way line of County Road 43 to the POI GINNING,a sketch showing said 11.127 acre tract for RS-22 zoning being attached hereto as Exhibit"C". O F A*, � .. a .ra••a�rr raa � can Welsh.R.P.L..S/aie� hi1XOM M.MfELSN •.+ 2211 pie`1~°s u �Ito v EXHIBIT "B" Page 1 of 1 N89. 11' 20`E CL STAPLES ST. (FM 877 72' BOUNDARY BETWEEN NORTH AND [2441, 130' ROW SOUTH HALVES OF SECTION 30, — � FORMER CL S. STAPLES ST. s — 7 w uwi 1M CN-1 ZONING TRACT, PORTION w S/2 SECTION 30, LAURELES m } FARM TRACTS,7.593 AC. O rro a Z� A O A U¢ m \D 0 o t7 w N69.11'2O'E C� CU �A"qr 460.72' ON P 0 N89`11'20'E P `�N00.48'40'k W 123.73' � 0� 417.00' Doti ON p�O Z CD a e RS-22 ZONING TRACT, PORTION 0 S/2 SECTION 30. LAURELES o co p FARM TRACTS,11. 127 AC, I �i 00 v a .z _ ce c n Z I qp�' F N x amo � k p �• in G � a o°02� cu S89° 11' 20'w 877, 72' EXHIBIT " C" SKETCH TO ACCOMPANY METES AND BOUNDS DESCRIPTIONS 1'=200' 0 100, 200, 400' SCALE: 1'= 200' BASS AND WELSH ENGINEERING CORPUS CHRIST]. TX SURVEY REG. NO. 100027-00, TX ENGINEERING REG. NO. F-52, FILE: EXB-ZONING, JOB NO. 22011, SCALE: 1" = 200' PLOT SCALE: SAME, PLOT DATE: 7/17/24, SHEET 1 OF 1 (B) Existing Zoning and Notice Area Map FM 2444 FM SUBJE,C`T PROPERTY U M V RS-22 4 CASE. ZN8340 SUBJECT PROPERTY WITH ZONING ® 5 Subject Property A-I Aparvnent House D+stmt F1 L�mfWd-J�=11't L+'1n 1 A-tA Apartment House Distict 1-2 Ughl Industrial DlsticI A-2 Apar[menl House D3sticf 0 Heavy Indu 1 District AB Pnafessianal Office Disci 1 PUD Pl—n Umt Devebgment - AT Apartment-Tourist D— R-IA One Family Div NN Drtrirt - B-1 N'gh6orho.d B�uvnesa D.tnct R-16 One Famfy Dwellirg D,st _ B-lA Neghbcrfioad Bavness D.— R-1C One Fam�ty Dw INN Drsvitx B-2 Bayf—t Buvness Disci t R-2 Muhipie Dwelimg D—s B-2A earner Island Business Dtstrid RA One Family D—Wng Dssmct i B-a Busi— Di—t RE Revd—W EsL to Dlsmet SUBJECT D4 General Business Dnanct R-TH Twmhwlse D—'I,W Drst PROPERTY B-5 Pnmary Business Datlat SP specul Permit " Prenary Business Care DI T-lA T—1 Trailer Part III— ary 4/VA� BD Cus Christ Beach De-agn D,L T-TB Menufac4ured Home Park D,— CityUl, F-R F"^Han'Q.— T-,c Ma a' e'Home Co us Esri,HERE LOCATION MAP HC HIS.n CulWral Landmark D.— Cll t•i1t1 P--linn Zoning Case ZN8340 Cypress Point Capital LLC District 5 - Rezoning for a property at or near FIN 2499 FM Farm-to-Market Road 2444/Staples St&County Road 43 From the "FR" Farm Rural District To the "CN-1" Neighborhood Commercial& "RS-22" CN-1 PROPOSED Single-Family Districts SUBJECT wr PROPERTY - s 1 a . RS-22 PROPOSED SUBJECT PROPERTY N c , r,,rarer Corpus LOCATION MAP - i Christi City Council September 10, 2024 Zoning and Land Use Proposed Use: To allow a commercial development and a single-family subdivision (Caroline Heights Unit 2). FMz�4FM ADP (Area Development Plan): London, Adopted on March 17, 2020 CN-1 PROPOSED FLUM (Future Land Use Map): Commercial and Medium-Density Residential SUBJECT PRQPERTY Existing Zoning District: "FR" Farm Rural District m a RS-22 PROPOSED Adjacent Land Uses: North: Transportation (FM-2444),Agricultural; Zoned:" "OCL" South: Agricultural (PC-approved Caroline Height Unit 1); N Zoned: "RS-22" 1 RS-22 East: Agricultural; Zoned: "OCL" 01-30-2023 West: Transportation (CR-43),Agricultural, Public/Semi Public; Zoned: "OCL" Public Notification 1 Notice mailed inside the 200' buffer 1 Notice mailed outside the 200' buffer FM 2444 FM Notification Area CN-1 PROPOSED Opposed: 0 (0.00%) SUB9E�T Separate Opposed Owners: (0) PeR,tr X M ....// 1 In Favor: 0 (0.00%) RS-22 PROPOSED N RS•8? *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 & Recommendation • The proposed rezoning is consistent with Plan CC and with the FLUM designation of Commercial along Farm-to-Market Road 2444 (FM-2444/S Staples Street); however not entirely with the FLUM of Medium-Density Residential on the interior. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It will not have a negative impact upon the surrounding neighborhood. • The property to be rezoned is suitable for uses permitted by the zoning district that would be applied by the proposed amendment. Planning Commission and Staff Recommend Approval To the "CN-1 " AND "RS-22" Districts 1 CASE:ZN8340 n® Zoning Case No. ZN8348, City of Corpus Christi (District 1). Ordinance rezoning a property at or near 508 South Nineteenth Street from the "CN- 1" Neighborhood Commercial District to the "RS-6" Single-Family 6 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 Lot 16, Jasmin Addition, as shown in Exhibit "A", from: the "CN-V Neighborhood Commercial District to the "RS-6 Single- Family District. The subject property is located at or near 508 South Nineteenth Street. Exhibit A, a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1, 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that 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 , 2024. PASSED and APPROVED on the day of , 2024. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 3 Exhibit A AGNES ST -�- 1L MARGUERITE ST C N.--1 SU.BJE.C.T PROPERTY Ln RS-6 ON F+ RM-3 RS-6 CASE: ZN8348 " SUBJECT PROPERTY WITH ZONING Subject Properly - s1 A-I Aparpnen[House D,s t 1-1 Lirr.¢ tMus%4a1 Dismd A. Aparvr,ent Huuze Di—, 1-2 L g.Ind,—0sv1c1 x A-2 Apanment House Dismct 13 Heavy inn, ,d— AS ProPess,w1a10/firn D,—, PUD Paanned Unit Deurebpnrent AT AParpnent.Tpunst.0—. R-IA One Family DWelhng 0— e-1 He,gM1PornaoE Buvness P,Wwi R-1e One I—yprvelhrq D,sm. B-lA HepM1Lvrhoutl Business D..— R-IC One Fatuity D INN Ll— rvs 9-2 eay%ant Buvness DistM R-2 Mup1We DFYlfng Desna B-2A Bomar Island 9asmess omtncl RA One Fatuity Orelhrg OisLncl as a�,smessD�iMe RE Re„ae.m,lE-0,s,nn �. - rS"JECT B-1 Gerreral Hus+ness D.— R-T. Tm„ma,�Dse%,n Drsa1�a + PROPERTY 9-5 Pmma7®usn,ess DK.mct SP $gMw perms B-0 P ,9usmess Coe Drsmc T-IA Travel Tra,ler?a k D, S x ° HD CuP,.CM1—H.a D�DRc T-Ie M�1nra�wree H—Pan Dism,a CRY Of �+ Esri,HERE $` _ Fi F R-1 D.— Corpus LOCATION HC MAP HtsDoricalLullural LaMmart District 2. Preservaonn Christi � �„ Page 3 of 3 ZONING REPORT CASE No ZN8348 Applicant & Subject Property District: 1 Owner: City of Corpus Christi Applicant: City of Corpus Christi Address: 509 South Nineteenth Street, located along the east side of South Nineteenth Street, south of Agnes Street, and west of Eighteenth Street. Legal Description: Lot 16, Jasmin Addition Acreage of Subject Property: 0.07 acre Zoning Request From: "CN-1" Neighborhood Commercial District To: "RS-6" Single-Family District Purpose of Request: To allow the a Single-Family development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "CN-1" Neighborhood Medium-Density Medium-Density Residential Commercial Residential North "CN-1" Neighborhood Low-Density Residential Medium-Density Residential Commercial "RS-6/SP" Single-Family South with a Special Permit Low-Density Residential Medium-Density Residential East "RM-3" Multi-Family Low-Density Residential Medium-Density Residential West "RS-6" Single-Family Transportation (S 19th), Transportation (S 19th ), Low-Density Residential I Medium-Density Residential Plat Status: The subject property is platted per MRNCT (Map Records of Nueces County, Texas) Volume 5, Page 25. 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 South Designation Section Proposed Section Existing Nineteenth 50-Foot ROW 60-Foot ROW Street "Local" Residential 1 Lanes & On-Street 1 Lanes & On-Street Parking Parking Transit: The Corpus Christi RTA provides service to the subject property via Route(s) 21 Arboleda with stops near South Nineteenth Street and Mary Street. Bicycle Mobility Plan: The subject property is adjacent to a proposed Buffered Bike Lane along South Nineteenth Street. Utilities Gas: A 6-inch coated steel line exists along the east side of South Nineteenth Street. Stormwater: A 54-inch RCP Public line exists along South Nineteenth Street. Wastewater: An 8-inch VCP public gravity main exists along the west side of South Nineteenth Street. Water: A 16-inch PVC public transmission line exists along the direction side of ROW name ROW type. 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 Westside ADP ( Adopted on 10, 2023). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Roadway Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed 34 within a 200-foot notification area 6 outside 200-foot notification area In Opposition 0 inside the notification area 0 outside the notification area 0% in opposition within the 200-foot notification area (0 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: July 24, 2024 City Council 1st Reading/Public Hearing Date: September 10, 2024 City Council 2►,d Reading Date: September 17, 2024 Background: The subject property is part of a comprehensive neighborhood revitalization strategy of infill housing development focused on meeting local housing affordability needed and includes the former Mirabeau B. Lamar Elementary School site and patches of city-owned parcels in the surrounding neighborhood. To the north of the subject parcel is a property zoned "CN-1" Neighborhood Commercial District. To the south, the property is zoned "RS-6" Single-Family District with a Special permit. The properties to the east of the parcel and South 19th Street are zoned "RS-6" Single-Family District, and those to the east are zoned "RM-3" Multi-Family District. The surrounding properties are developed with low-density residential uses. The applicant is requesting a change of zoning to the "RS-6" Single-Family District to accommodate a Single-Family structure. The "RS-6" Single Family 6 Residential District allows for single-family detached houses and group homes. A limited number of public and civic uses are allowed, subject to the restrictions necessary to preserve and protect the single-family character of the neighborhood. The proposed rezoning is consistent with Plan CC and with the FLUM designation of Medium-Density Residential. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: • Housing and Neighborhoods: o Corpus Christi sustains and maintains established neighborhoods.. ■ Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods.. • Future Land Use, Zoning, and Urban Design: o Corpus Christi has well-designed neighborhoods and built environments.. ■ Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods.. Westside ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the Westside ADP and with the FLUM designation of Medium-Density Residential. • Continue to promote infill residential development. o Support agencies that build new homes in existing neighborhoods. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed rezoning is consistent with Plan CC and with the FLUM designation of Medium- Density Residential. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It will not have a negative impact upon the surrounding neighborhood. Planning Commission and Staff Recommendation (July 24, 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 change of zoning from the "CN-1" Neighborhood Commercial District to the "RS-6"Single-Family District. Attachment(s): (A) Existing Zoning and Notice Area Map. (A) Existing Zoning and Notice Area Map AGNES ST IL i MARGUERITE ST C N.--,SUBJECT PROPERTY 1� RS-6 ON H+ RM-3 RM-2 CASE: ZN8348 Ntlu,eacrnd " SUBJECT PROPERTY WITH ZONING ® " 5 Subject t Propaq .•? - °aro al Corpus A-1 Aparerena H—Dstrict 1-1 U..e Lrtl.—,DishiR A.IA Apartrnena H—Duct Haase 1-2 LV W Indus—DnTocl partnrena1-1 : A-2 A D- 1-a Heavy Indu 1 D— AR Pmlessmal OlFrs Disncl MD Planned u—Development AT Apa--Tw M D—d RAA One Family D-11N Dismta B-I Nefghbomood Bu5ne55 D.— R-IB O] Fatuity DeelYttg DtsLti4 - B-IA Nephtyorhaod 6--D— R-IC 0-Famiy D• 11,N D+— - B-2 BayS t Buvness LSsh 1 R-2 MA Ay Ureling 0i— - B-ZA same.Island 9as,ness D� RA pne Famiy owell,ag Ast�a Ba BuvressDrs[enl RE Resale—E—DislDcl :SUBJECT B-0 �ererel Ba.a,e::D.a R-TH Tmm--Dwenmg 0�smc< PROPERTY 8-5 Primary 8usncss D2> 1 SP Special Perm11 8-6Pnmary Bll--Core 0— T-1A Ttavel Trader P-Dls4 BD Cagts Ch 9 Beach Desgn D., e M T-IanWaswmtl Home Pavf Disma j( tj• A' ' PR P—RoralDm— T-Ie Manalaoture HomeSubdnism Cotpus? Esri,HERELO y CATION MAP HC HFSiMIodiLul ,W LdMmazk Di.Cict _ Preservation C�IrIS�I ' Zoning Case ZN8348 City of Corpus Christi -AST District 1 Rezoning for a property at or near ' 508 South Nineteenth Street From the "CN-1" Neighborhood Commercial District To the "RS-6" Single-Family District _ ep f_n II< is i t' 1wI SUBJECT PROPERTY 3 ..� ESiI.HERE - - - t c hii,-rl ■ City Council September 10, 2024 Zoning and Land Use Proposed Use: AGNES 5T To allow a single-family development. ,L ADP (Area Development Plan): Westside, Adopted on January 10, 2023 FLUM (Future Land Use Map): Medium-Density Residential MARGUERITE ST C-H,_,_suere�.r PROPERTY Existing Zoning District: "CN-1" Neighborhood Commercial District RS-6 ON 10-28-1980 05-16-2011 Adjacent Land Uses: North: Low-Density Residential; Zoned: "CN-1" Rs-s South: Low-Density Residential; Zoned: "RS-6/SP" RM-2 A 1 06-25-2024 N East: Low-Density Residential; Zoned: "RM-3" tWest: Transportation (S. 19th St) , Low-Density Residential; Zoned: "RS-6" Public Notification 34 Notices mailed inside the 200' buffer 6 Notices mailed outside the 200' buffer AGNESST f 28 Notification Area 32 29 3 17 Opposed: 0 (0.00%) ..G ERNE ST 16 is 30 Separate Opposed Owners: (0) �yy_1�SUBJEC.T � rPROPERTY 19 X to 7 6 5 19 21 O 31 RS 13 2 12 23 In Favor: 0 (0.00%) 11 " RM•324 'A 10 3 25 2 9 26 3 27 N *Notified property owner's land in SQF/Total SQF of all properties in the notification area=Percentage of public in opposition and/or favor. Staff Analysis and Recommendation • The proposed rezoning is consistent with Plan CC and with the FLUM designation of Medium- Density Residential. • The amendment is compatible with the present zoning and conforming uses of nearby property and to the character of the surrounding area. It will not have a negative impact upon the surrounding neighborhood. PLANNING COMMISSION AND STAFF RECOMMEND APPROVAL TO THE "RS-6" SINGLE-FAMILY DISTRICT CASE:ZN8348 . • CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE COUNCIL ACTION REQUEST TO: Rebecca Huerta, City Secretary FROM: Council Member Mike Pusley,At-Large Date Filed g�- 4 Council Member Michael Hunter,At-Large Council Member Gil Hernandez, Dist. 5 Rebecca Huerta COPIES TO: Mayor&Council City Secretary Peter Zanoni, City Manager Miles Risley, City Attorney SUBJECT: COVID-19 mRNA informed consent requirement ACTION REQUEST: Per Council Policy 16.d.,we are requesting that the following item be placed on the next available City Council agenda for discussion and possible action: Motion directing the Corpus Christi—Nueces County Public Health District(CCNCPHD)be required to read and provide in writing to prospective COVID-19 mRNA gene therapy vaccine recipients the following information and sign an COVID-19 mRNA immunization consent for before administering the COVID-19 mRNA vaccine. Council Me b Mike P ley Coun it Member ichae Hunt Council Member Gil Hern d f I Immunization Consent Form i NAME: PATIENT ID: GENDER: BIRTH DATE: ADDRESS: AGE: COUNTY.Nueces Immunization to be given on (date) - Corpus Christi, Nueces County CPT Code Vaccine mRNA Notice Date Lot# Mfg. Site Signature/Title of Provider: Screened for Pregnancy:[ ]Yes( ]No Next shot due on or around: 1. I agree that the person named above will get the vaccine indicated above. 2. 1 received or was offered a copy of the Vaccine Information Statement for the vaccine listed above. 3. 1 received a copy of and signed the COVID-19 mRNA consent notification form. 4. 1 know the risks of the diseases this vaccine may prevent. 5. 1 know the benefits and risks of the vaccine. 6. 1 have had the chance to ask questions about the disease, the vaccine, and how the vaccine is given. 7. 1 know that the person named above will have a vaccine put in his or her body that may prevent an infectious disease. 8. 1 am an adult who can legally consent for the person named above to get vaccines. I freely and voluntarily give my signed permission for the vaccine. Signature: Date: City of Corpus Christi Covid-19 mRNA Notification Form In accordance with City Council Resolution , we are required to read to you the following information before administering the COVID-19 or other mRNA vaccine. 1. Assumption of Risk: You understand that the COVID-19 mRNA injection is a modified gene therapy that may cause adverse side effects and possibly death. The City of Corpus Christi and the Corpus Christi-Nueces County Public Health District will not be responsible for any adverse reactions you may experience from the COVID-19 or other mRNA injections. 2. Informed Consent: The possible adverse effects in addition to death include but are not limited to the following. • Multiple Organ Dysfunction Syndrome • Appendicitis • Acute Myocardial Infraction • Covid-19 Disease (Vax Failure) • Creutzfeldt-Jakob Disease • Alzheimer's Disease • Menstrual/Female Reproductive Disorders • Aneurysm • Multisystem Ages Inflammation Syndrome • Tinnitus • Stroke • Acute Respiratory Distress Syndrome • Myocarditis/Pericarditis • Coagulopathy • Amputation/Gangrene • Dementia • Death • Suicide/Suicidal Ideation • Cancer/Tumongenesis • Parkinson's Disease • Sudden Death • Amyotrophic Lateral Sclerosis • Dysstasia • Septis • Encephalopathy • Bell's Palsy • Guillan-Barre • Seizure/Convulsion • Kawakaki Disease 3. Report Adverse Events to your healthcare provider immediately. Monitoring is extremely important for your health as some effects may take a while to appear. 4. Voluntary Participation: You voluntarily choose to receive the Covid-19 or other mRNA injection and understand it is not mandatory and there are safe and effective treatments for Covid-19. I acknowledge the above has been read to me. Signature: Date: