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HomeMy WebLinkAboutAgenda Packet City Council - 03/25/2025 Cityof Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 cctexas.com Meeting Agenda Final-revised City Council Tuesday, March 25,2025 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 Reverend Claude Axel with Mount Pilgrim Baptist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Silvia Kaitlyn Gonzales, 12th grader from WB Ray High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 1) The following items are motions, resolutions or ordinances that may be considered and voted on individually. 1. 25-0396 Discussion and possible action on far-field modeling services, project cost and project schedule for Inner Harbor Desalination. Further perform and review of far-field modeling of intake and brine discharge of the Inner Harbor Hillcrest Desalination facility. Possible further discussion and action for far-field modeling and studies of the facility, as requested by Council Members Eric Cantu, Kaylynn Paxson, and Carolyn Vaughn. sponsors: City Secretary's Office City of Corpus Christi Page 1 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEM 2) 2. 25-0403 FY 2025 First Quarter Budget & Performance Report H. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed;may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance;or may modify the action specified. J. CONSENT AGENDA: (ITEMS 3 - 19) NOTICE TO THE PUBLIC: The following items are consent motions, resolutions, and ordinances of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. 3. 25-0432 Approval of the March 18, 2025 Regular Meeting Minutes sponsors: City Secretary's Office Consent-Second Reading Ordinances 4. 25-0244 Ordinance accepting a grant for $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program for the purchase of marketing materials and media for the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC); and appropriating $20,332.87 in the FY City of Corpus Christi Page 2 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 2025 Fire Grants Fund. Sponsors: Fire Department 5. 25-0220 Ordinance amending Section 53-254 of the City Code to reduce the speed limit on Weber Road (FM 43), between Saratoga Boulevard (SH 357) and Oso Creek Bridge, and reduce the speed limit of Ennis Joslin Road (Spur 3), between South Padre Island Drive and Ocean Drive; providing for penalty and publication Sponsors: Public Works/Street Department 6. 25-0298 Ordinance accepting and appropriating two grant awards in the amount of $988,567.12 and $330,000 in funding from the Office of the Governor's Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant (DEAAG) Program with the required matching contributions from the City totaling $309,209.22 for the Lift Station Modernization Project at Naval Air Station-Corpus Christi and the Condensate Return Station Replacement Project at Corpus Christi Army Depot Sponsors: Intergovernmental Relations 7. 25-0345 Ordinance approving the Home to Texas Internship Program project between the Corpus Christi B Corporation (Type B) and the University of Texas at Austin for a job training project comprising a nine-week summer internship for Corpus Christi students enrolled at UT Austin and a contribution to a $5,000.00 scholarship upon completion of the job training internship; appropriating $12,500.00 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. Sponsors: Economic Development 8. 25-0129 Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road), north of FM 43 (Weber Rd) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8474) Sponsors: Planning and Community Development Department 9. 25-0295 Annexation and Zoning Case ZN8481 Texas Lone Star Abstract & Title Investments Group, LLC. (District 3). Ordinance annexing a 2.00-acre tract of land per owner petition located at the southeast corner of FM 43 and CR 47; annexing the abutting 299.98 linear-foot section of CR 47; and annexing a 2,489.98 linear-foot section of FM 43; approving the related City of Corpus Christi Page 3 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 service plan; adding the annexed area to City Council District 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8481) Sponsors: Planning and Community Development Department and Development Services Consent- Contracts and Procurement 10. 25-0095 Motion authorizing execution of a one-year service agreement, with two one-year options, with Pump Solutions, Inc., of New Caney, Texas, in an amount up to $190,850.00, with a potential up to $572,550.00 if options are exercised, for KSB pump and motor repairs for Corpus Christi Water, with FY 2025 funding of$190,850.00 from the Wastewater Fund. Sponsors: Corpus Christi Water and Contracts and Procurement 11. 24-2084 Motion authorizing the execution of a two-year cooperative service agreement with Closner Equipment Company, Inc., of Schertz, Texas, through the BuyBoard Cooperative, in an amount up to $250,000.00, for heavy equipment rentals including specialty paving equipment to be utilized by Public Works in support of the City's street maintenance and repairs, with FY 2025 funding of$72,916.67 from the Streets Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 12. 25-0297 Motion authorizing execution of a seven-month cooperative service agreement with Alamo Enterprises, dba Al Facility Services, of San Antonio, Texas, through the TIPS Cooperative, for fabrication and installation of the City Hall Staples Street automated security gate for the Asset Management Department, in an amount up to $210,979.38, with FY 2025 funding from the Facility Maintenance Certificate of Obligation fund. Sponsors: Asset Management Department and Finance & Procurement Consent- Capital Projects 13. 25-0336 Motion authorizing the approval of Change Order No. 1 with H&S Constructors, Inc., of Corpus Christi, for the Mary Rhodes Pipeline Phase I Pump System Improvements Project, in the amount of$1,854,197 for a total amount up to $14,029,172 with FY 2025 funding available from the Raw Water Capital Fund. Sponsors: Corpus Christi Water and Engineering Services 14. 25-0271 Motion to award a construction contract to Brooke Paving & Construction, LLC, of Robstown, Texas, for the reconstruction of the HEB Park parking lot and resurfacing of the HEB Tennis Center parking lot, located in Council District 2, for an amount not to exceed $711,368.73, with FY 2025 funding available from the Community Development Block Grant (CDBG). City of Corpus Christi Page 4 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 Sponsors: Parks and Recreation Department, Engineering Services and Finance & Procurement General Consent Items 15. 25-0289 Resolution authorizing submission of a grant application for$92,387.25 to the State of Texas - Office of the Governor, Public Safety Office under the Criminal Justice Grant Program for funding for the purchase of one replacement Arson K-9 Response Vehicle for the Corpus Christi Fire Department. Sponsors: Fire Department 16. 25-0308 Resolution adopting an updated Air Service Incentive Plan for qualified airlines to serve the Corpus Christi International Airport; and authorizing the City Manager to execute all documents necessary to offer and secure such incentives as are deemed desirable. Sponsors: Aviation Department 17. 25-0400 Resolution authorizing grant agreements to provide services under the HOME Investment Partnerships Program (HOME) - American Rescue Plan (ARP) to reduce homelessness and increase housing stability with the Corpus Christi Housing Authority (CCHA) in an amount up to $1,369,740 for tenant based rental assistance and administration; Endeavors in an amount up to $1,210,696 for supportive services, operating and capacity building; and Coastal Bend Center for Independent Living (CBCIL) in an amount up to $1,210,696 for supportive services, operating and capacity building; and authorizing the execution of funding agreements, and other documents necessary to implement the HOME-ARP program. Sponsors: Planning and Community Development Department Consent-First Reading Ordinances 18. 25-0241 Ordinance appropriating $190,000 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Health and Human Services Commission (THHSC) to enhance the facility and improve the customer experience for WIC participants. Sponsors: Health Department 19. 25-0359 Ordinance accepting and appropriating the 2025 Texas Department of Housing and Community Affairs (TDHCA) Homeless Housing and Services Program (HHSP) grant in the amount of$164,198 for the General Set Aside and $53,111 for the Youth Set Aside, totaling $217,309; authorizing agreements with the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for$167,309 and Mission 911 for$50,000 for the 2025 funds; authorizing TDHCA to contract directly with MHID for the 2026-27 program years for HHSP and Ending Homelessness Funds City of Corpus Christi Page 5 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 (EHF); and authorizing the execution of funding agreements and other documents necessary to implement the 2025, 2026, and 2027 programs. sponsors: Planning and Community Development Department K. RECESS FOR LUNCH The City Council will take a lunch break at approximately 1:30 p.m. L. PUBLIC HEARINGS: (ITEMS 20 - 21) The following items are public hearings and public hearings with first reading ordinances. Each item will be considered individually. 20. 25-0399 Public Hearing and Resolution authorizing a Substantial Amendment to the City of Corpus Christi's Fiscal Year 2025/Program Year 2024 Annual Action Plan (AAP) reprogramming unspent funds from FY2025/PY2024, FY2024/PY2023, FY2023/PY2022, and FY2022/PY2021 for the Community Development Block Grant (CDBG) in the amount of $1,373,952.12; amending the Citizen Participation Plan (CPP); accepting the approved Substantial Amendment AAP projects and authorizing the submission of the Substantial Amendment and CPP, execution of funding agreements, amendments, and other documents necessary to implement the FY2025/2024 AAP and CPP. sponsors: Planning and Community Development Department 21. 25-0417 Public Hearing and resolution in support of a lease between the Texas General Land Office and Palacios Marine Agricultural Research Inc., of coastal submerged land near Doddridge Park for a breakwater project for the cultivation of oysters. sponsors: Planning and Community Development Department M. 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. N. EXECUTIVE SESSION: (ITEMS 22 -23) 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 City of Corpus Christi Page 6 Printed on 3/24/2025 City Council Meeting Agenda-Final-revised March 25,2025 Government Code and his determination that said item may be legally discussed in Closed Meeting in compliance with Chapter 551 the Texas Government Code. 22. 25-0436 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to proposed or potential state and federal legislation, rulemaking, appropriations, loans, and other funding related to the development of water supplies, economic development, appointments to governmental entities, and development of infrastructure for the Coastal Bend region 23. 25-0423 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential acquisition of the City of Rockport natural gas utility and distribution system assets and Texas Government Code § 551.072 to discuss and deliberate the purchase and/or value of the real property associated with the aforementioned system. O. ADJOURNMENT City of Corpus Christi Page 7 Printed on 3/24/2025 CITY OF CORPUS CHRISTI CITY SECRETARY'S OFFICE y'? COUNCIL ACTION REQUEST 1'O: Rebecca Huerta,City Secretary FROM: Council Member Eric Cantu,Dist. 3 Council Member Kaylynn Paxson,Dist. 4 Council Member Carolyn Vaughn,At Large COPIES TO: Mayor&Council Peter Zanoni, City Manager Miles Risley, City Attorney SUBJECT: Discussion and possible action on far-field modeling services,project cost and project schedule for Inner Harbor Desalination. 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: Discussion and possible action on far-field modeling services,project cost and project schedule for Inner Harbor Desalination. Further perform and review of far-field modeling of intake and brine discharge of the Inner Harbor Hillcrest Desalination facili ossible further discussion and action for far-field modeling and studies of the ty. Council ember Eric Cantu Council tuber K ylynn Paxson Council Member Carolyn Vau n CITY OF CORPUS CHRISTI OFFICE OF THE CITY MANAGER TO: Peter Zanoni, City Manager FROM: Drew Molly, Chief Operating Officer SUBJECT: Presentation for March 13 Three-Signature City Council Memo DATE: March 21, 2025 March 13, Council Members Eric Cantu, Kaylynn Paxson, and Carolyn Vaughn, in a three- signature memo, requested: • A discussion and possible action on far-field modeling services, project cost, and project schedule for the Inner Harbor Water Treatment Campus • Possible further discussion and action for far-field modeling and studies of the facility As agreed, the item has been placed on the City Council agenda for March 25. Members from the City of Corpus Christi, Freese & Nichols (FNI), Kiewit, Gutteridge, Haskins, & Davey (GHD), plan to present. The presentation to the council will last approximately an hour and include: • Overview and Definitions (CCW) • Mitigating Environmental Impacts (FNI) • Basics of Modeling (FNI) • Contracted Environmental Modeling for Inner Harbor and Review of other Far-Field Models (Kiewit and GHD) • Project Schedule (CCW) • Project Costs and Financial Terms (CCW) City staff have begun gathering the requested information, coordinating with our consultants, and creating a presentation for the council. Due to the quick turnaround of this request, staff will be working this weekend to prepare the presentation for the City Council. Additionally, City staff are scheduled to meet with the Consultants,who are traveling from out of town, on Monday, March 24, at 6:00 p.m. The purpose of this meeting is to finalize the presentation, which will then be sent to the City Council and posted into Legistar either Monday evening or Tuesday morning. Attachment: 3 Signature Memo: Discussion & Possible Action on Far-field Modeling Services, Project Cost and Schedule for Inner Harbor Desalination UQ�P US cy�s h tilC.+k ..n fi�£ii1 rn LI �a FY 2025 7552 1st Quarter Budget and Financial Report March 25, 2025 c CITY OF CORPUS CHRISTI FY 2026 Budget Roadmap �4 .129 May June Septernbe City Financial FY 2024 2nd Qtr Budget FY 2026 Community FY 2026 Council Forecast Annual Budget & Discussion Proposed Input and Budget Retreat Briefing Compr. Financial with Depts Budget City Adoption Financial Report Council Report City Council Workshops (ACFR) Budget Goal Setting Workshop Budget Considerations i Departments are working to re-estimate their FY 2025 revenues and expenses � FY 2025 Re-Estimates become the starting point for developing the FY 2026 budget City Leadership is monitoring the following for potential impacts to the budget forecast: ■ Mandated Increases to Expenditures ' ■ Federal Cuts ■ Tariffs • = • ■ State Legislation • •. • 1 Quarter 1 Report FY 2025 First Quarter financial report for the period October 1, Report 2024 through December 31, 2024 Financial Policies and City Charter require the City Manager to provide Quarterly updates on City financial progress General Fund Revenues ($ in Millions) Annual 111 Quarter 11t Quarter Budget Budget Actuals Property Tax(1) $104.4 $48.0 $52.0 $4.0 Sales Tax 72.7 17.7 17.9 0.2 Industrial District In-Lieu (2) 25.7 25.7 24.0 (1.7) (1) Property Tax collections Franchise Fees and Other Taxes 16.9 2.9 3.0 0.1 came in earlier than planned; Public Safety 17.3 3.7 4.4 0.7 Collections are highest Oct- Solid Waste 47.3 11.8 12.0 0.2 Feb. Interest, Interfund and Intergovernmental 20.4 7.7 7.9 0.2 (2) Industrial District In-Lieu Municipal Court 6.0 1.2 1.3 0.1 will be under budget for the Recreation Revenues 4.8 0.8 0.6 (0.2) year due to protested values coming in lower than Other Revenues 18.9 4.8 5.3 0.5 planned. Total $334.4 $124.3 $128.4 $4.1 1St Quarter Actual Revenues $128.4M Recreation Revenues, Other Revenues, Municipal Court, $0.6,1% lmq$5.3,4% Ll•��- $1.3, 1% Interest, Interfund & Intergovernmental, $7.9, 6% Solid Waste, $12.0, 9% Property Tax Public Safety, $52.0,41% $4.4,3% Franchise Fees and Other Sales Tax, Taxes, $3.0, 2% Industrial District-In- L'AA Lieu, $24.0,19% Revenues through December / millions General Fund Expenses Quarter($ in Millions) Annual 111 Quarter 11t Budget Budget Actuals Public Safety $181.8 $42.3 $40.4 $1.9 Solid Waste 37.5 8.2 6.8 1.4 Streets 45.7 11.0 10.5 0.5 (1) Other includes a budget General Government 34.0 8.2 6.6 1.6 for Industrial District In-Lieu Other(1) 21.5 6.8 3.9 2•9 refunds of $2.8M that were Parks& Recreation 24.1 4.9 4.4 0.5 budgeted in FY 2025 and recorded in FY 2024. Library 6.3 1.6 1.3 0.3 Health 6.0 1.3 1.1 0.2 Animal Care Services 5.4 1.2 1.0 0.2 Planning&Community Dev 1.3 0.4 0.3 0.1 Total $363.6 $85.9 $76.3 $9.6 1St Quarter Actual Expenditures $76.3M Animal Care Services, Planning &Community Dev, $1.0, 1% $0.3, 0% Health, $1.1 , 1%--_. Library, $1.3, 2% Other Revenues, $3.9, 5% Parks&Recreation, $4.4, 6% / General Government, Public $6.6, 9% Streets, $10.5, 14% Re venues through December / millions Annual Budgeted $19.9m] HOT Tax Revenue Ist Quarter . . - $3.9M $396M Variance ($0*3M) - - • Visit Corpus Christi continues _' L� close monitoring of hotel r occupancy and visitor volume • New CEO starts Tuesday, April 15 2025 { Water Fund Revenues Y rt, $169.6M $42.8M $43.8M $1.OM Annual PI Quarfl 1st Quarter 1st Quarter Budget Budget Actuals I Variance Expenses $182.7 M $38.1 M $28.8 M $9.3 M 1 • - - 1st Quarter 1st Quarter zrrro • - - • • - Actuals Variance Variance due to timing of contractual payments Corpus Now Ccmhristi Water Wastewater Fund Revenues ro 98.6M $24.1 M $23.4M $0.7 M $ ) Annual PI • - - Is'Quarter Is'Quarter Budget Budget Actuals I Variance t J Expenses $116.5 M $39.5 M $35.7 M $3.8 M Annual Ist Quartelm1st Quarter 1st Quarter ® Budget Budget Actuals Variance i Corpus Ccw(Christi Water 42 Budget initiatives include: ■ Purchase of vehicles for CCPD ■ Purchase of vehicles and equipment for CCFD ■ Water Garden Maintenance ■ Living Well Health Programs ■ ■ North Beach Restroom and Parking Facilities Maintenance ■ In-House Street Sweeping Enhancements ■ Vector Equipment and Chemical Enhancements FY 2025 Budget ■ Restructure of Beach Rescue Division Initiatives 5 are completed (All Funds) 36 are on schedule 1 is behind schedule r Capital Improvement • ? �j /,,. ProgramBond 2024 (38 Projects) ✓ 4 projects are under construction N a ✓ 12 projects are under design V =; ✓ 22 projects are in pre-design 15 of these are "design only" Mass selection awarded 3/18/25; anticipate projects moving to design in Quarter 2. � r Bond 2022 (32 Projects) ✓ 3 projects are completed ✓ 7 are under construction ✓ 22 projects are under design I - Bond 2020 (42 Projects) ✓ 32 projects are completed ✓ 8 are under construction •• i ✓ 1 project will be under construction by June 2025 • '' • ' ✓ 1 project is "design only" and it is currently under design _E Quarter 1 Report • General Fund revenues are consistent with projections • HOT revenues are consistent with projections Report • Water and Wastewater qY revenues are consistent with projections • Record setting delivery continues with CIP Projects City of Corpus Christi 1201 Leopard Street r Corpus Christi,TX 78401 + > cctexas.com yo Meeting Minutes City Council Tuesday, March 18,2025 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 11:31 a.m. B. Invocation to be given by Fire Chief Brandon Wade. Fire Chief Brandon Wade gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Jonathan Anguiano, 12th grader from Roy Miller High School. Jonathan Anguiano, 12th grader from Roy Miller 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 Note: Council Member Cantu arrived at 11:42 a.m. Present: 9- Council Member Roland Barrera,Council Member Carolyn Vaughn,Council Member Gil Hernandez,Council Member Sylvia Campos,Mayor Paulette Guajardo,Council Member Eric Cantu,Council Member Mark Scott,Council Member Kaylynn Paxson, and Council Member Everett Roy E. INDIVIDUAL CONSIDERATION ITEMS: (ITEM 1) 1. 24-1126 Presentation on the City's Drought Contingency Plan and ordinance amending City Code of Ordinances Chapter 55, Article XII Water Resource Management sections 55-150, 55-152, 55-153, 55-154, 55-155; updating the City's Drought Contingency Plan, providing an effective date of March 19, 2025, and providing for penalties and publication. Mayor Guajardo referred to Item 1. City of Corpus Christi Page 1 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 Chief Operating Officer of Corpus Christi Water Drew Molly presented information on the following topics: purpose and overview of the Drought Contingency Plan (DCP); DCP review timeline; public engagement; listening sessions; summary of updates; and staff recommendation. Council Members, City Manager Peter Zanoni and Chief Operating Officer Molly discussed the following topics: if a DCP is not passed by Council, the Texas Commission on Environmental Quality (TCEQ) will not consider permits for water wells being drilled; a water conservation plan will be provided to Council; a request for the amount of unaccounted-for water on a daily basis; a request for frequent updates on the supply of water; a concern that water has been oversold to industries; and the importance of conserving water and the quality of the well water. Council Member Vaughn moved to amend the ordinance with all changes highlighted in yellow and gray, seconded by Council Member Cantu and passed with the following vote: Mayor Guajardo, Council Members Barrera, Cantu, Hernandez, Paxson, Roy, Scott and Vaughn voting, yes; and Council Member Campos voting, no. Council Member Vaughn moved to approve the ordinance as amended, seconded by Council Member Barrera. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Nay: 1 - Council Member Campos Abstained: 0 Enactment No: 033597 F. PUBLIC COMMENT Mayor Guajardo opened public comment. John Weber, Corpus Christi, TX and Jason Hale, Corpus Christi, TX, spoke about the benefits of the far field model. The following individuals spoke in opposition to the Drought Contingency Plan: Marilena Garza, Corpus Christi, TX, Isabel Araiza, Corpus Christi, TX, Andrea Puyol, Corpus Christi, TX, Gabriel Flores, Corpus Christi, TX, Cody Benavides, Corpus Christi, TX, Millicent Carrizales, Corpus Christi, TX, Aline Trejo, Corpus Christi, TX, Justin Revels, Corpus Christi, TX, Beatriz Alvarado, Corpus Christi, TX, Jake Hernandez, Corpus Christi, TX, Arlo Nichols, Corpus Christi, TX, Brendan Haselton, Corpus Christi, TX, Amanda Breland, Corpus Christi, TX, Kimberly Reinhardt, Corpus Christi, TX, Diana Dehoyos, Corpus Christi, TX, Maggie Peacock and Molly Davis, Magnolia, TX. Shawn Flanagan, Corpus Christi, TX, commended the City Manager, Library Director City of Corpus Christi Page 2 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 and Library Board for their efforts with the new library policies. Susie Luna Saldana, Corpus Christi, TX, expressed gratitude to the City Manager and Corpus Christi Water Department for addressing the City's water concerns, but in opposition to the increased rates. Elena Martinez, Corpus Christi, TX, spoke about the City Auditor's investigation. Blanca Parkinson, Corpus Christi, TX, expressed concern about being blocked by email from City staff and Council Members and spoke in opposition to the desalination plant. Rachel Caballero, Corpus Christi, spoke in opposition to the desalination plant. Robin Sanders, Corpus Christi, TX, commended law enforcement and parks department for their efforts in cleaning up Leopard Street and expressed concern about the utility billing office. Adam Rios, Corpus Christi, TX, advocated for X Games in Corpus Christi. Becky Moeller, Corpus Christi, TX, expressed concern about public safety issues at the airport. The following citizens submitted a written public comment which is attached to the minutes: Laura Cruz, Corpus Christi, TX, Mariah Boone, Corpus Christi, TX, Alex Flucke, Corpus Christi, TX, and Mark Muenster, Corpus Christi, TX. G. BOARD &COMMITTEE APPOINTMENTS: (ITEM 2) 2. 25-0253 Arts & Cultural Commission Building Standards Board Crime Control & Prevention District Island Strategic Action Committee Parks & Recreation Advisory Committee Mayor Guajardo referred to Item 2. Arts & Cultural Commission: Appointed: Amy K. Cooley and Adriana Parker Building Standards Board: Reappointed: William B. Ewing, Jr. from Alternate to At Large and John B. Solberg as Engineer Appointed: Lynne Hurlburt Crime Control & Prevention District: Appointed: Samuel A. Fryer City of Corpus Christi Page 3 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 Island Strategic Action Committee: Reappointed: Roy D. Coons (At Large), Robert J. Corbett (Padre Island Business Association), Meagan E. Furey (from Padre Island Business Association to At Large), and Cheryl D. Segrest (At Large) Appointed: Sandy R. Graves and Lauren D. Harris Parks & Recreation Advisory Committee: Appointed: Christopher M. Hegg H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 3 - 19) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Items 11, 12, 13, 14, 17 and 19 were pulled for individual consideration. Council Member Roy moved to approve the consent agenda with the exception of Items 11, 12, 13, 14, 17 and 19, seconded by Council Member Scott. The motion carried by the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 3. 25-0343 Approval of the February 25, 2025 Regular Meeting Minutes and March 6, 2025 Workshop Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 4. 25-0221 Ordinance authorizing acceptance of$15,000 grant from the Coastal Bend Wellness Foundation to fund overtime and fringe benefits for the Red Cord Initiative Diversion Program; and appropriating funds in the amount of$15,000 to the Police Grants Fund. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033598 5. 24-2037 Ordinance authorizing the acceptance and appropriation of$4,203,066.87 from the U.S. Department of Transportation, Pipeline and Hazardous Materials Safety Administration, under the FY 2024 Natural Gas Distribution Infrastructure Safety and Modernization Grant for use by the Gas Department to replace existing steel City of Corpus Christi Page 4 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 gas mains with polyethylene (PE) pipe; and amending the Gas Grant Fund and FY 2025 Capital Budget. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033599 Consent- Contracts and Procurement 6. 25-0262 Motion authorizing the purchase of 68 additional body-worn cameras and related equipment from Turn-Key Mobile, of Jefferson City, Missouri, through the Texas Department of Information Resources, for the Corpus Christi Police Department in an amount of$141,848.00, with FY 2025 funding from the Police Grants Fund, the Law Enforcement Trust Fund, and the General Fund. This Motion was passed on the consent agenda. Enactment No: M2025-022 7. 25-0172 Motion authorizing the purchase of 40 additional and 10 replacement Panasonic mobile data computers with dash camera systems from Turn-Key Mobile, Inc, of Jefferson City, Missouri, through the Texas Department of Information Resources, for the Corpus Christi Police Department in the amount of $878,300.00, with FY 2025 funding in the amount of$737,772.00 from the Fleet Equipment Replacement Fund and $140,528.00 from the Crime Control and Prevention District Fund. This Motion was passed on the consent agenda. Enactment No: M2025-023 8. 25-0357 Resolution authorizing the purchase of 40 additional and 10 replacement L3Harris mobile communication radio systems from Dailey and Wells Communications, of San Antonio, Texas, for the Corpus Christi Police Department in the amount of$203,845.00, with FY 2025 funding in the amount of $167,826.60 from the Fleet Equipment Replacement Fund and $36,018.40 from the Crime Control and Prevention District Fund. This Resolution was passed on the consent agenda. Enactment No: 033600 9. 25-0251 Motion authorizing execution of a three-year renewal service agreement with Astound Business Solutions, LLC, of Austin, through the TIPS Cooperative, in the amount of$173,880.00 for dedicated fiber links to the City's backup data center, the radio system, and for Police Department special use cases, with FY2025 funding of$28,980.00 from the Information Technology Fund. This Motion was passed on the consent agenda. Enactment No: M2025-024 City of Corpus Christi Page 5 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 10. 25-0252 Motion authorizing execution of a three-year service agreement with Astound Business Solutions, LLC, of Austin, through the TIPS Cooperative, in the amount of$191,520.00 for redundant fiber connections to the City's backup data center, City Hall, and the Police Department; for a redundant connection between City Hall's data center and the City's Service Center facilities; and to increase internet speeds at the American Bank Center, with FY2025 funding of $27,120.00 from the Information Technology Fund and $4,800.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2025-025 Consent- Capital Projects 11. 25-0141 Motion awarding 23 Master Service Agreements for professional engineering services to 15 firms with an aggregate three-year not to exceed amount of $46,350,000.00 for surveying and mapping, subsurface utility engineering, general civil and facilities parking lot projects, mechanical, electrical, and plumbing, and geotechnical and construction materials testing to support the Bond and CIP program with projects located Citywide, with FY 2025 funding available from the Capital Program, Bond Program Funds and operating budgets. Mayor Guajardo referred to Item 11. Council Members, Director of Engineering Services Jeff Edmonds, and Assistant Director of Engineering Project Management Ratna Pottumuthu discussed the following topic: an interest in how the scoring process is done when hiring a company. Council Member Barrera moved to approve the motion, seconded by Council Member Roy. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-026 12. 25-0305 Motion awarding a construction contract to J. Carroll Weaver, Inc., of Sinton, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount up to $15,000,000.00 for Citywide Water Line Repair/Replace-Small Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY2024 project, located Citywide, with FY 2025 funding available from the Water Capital Fund. Mayor Guajardo referred to Item 12. City of Corpus Christi Page 6 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topic: a concern about past work done by this contractor and hiring them for this project. Council Member Campos moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-027 13. 25-0307 Motion awarding a construction contract to RUTS Construction, LLC, Haslet, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY2024 project, located Citywide, with FY 2025 funding available from the Water Capital Fund. Mayor Guajardo referred to Item 13. A Council Member and Director of Engineering Services Jeff Edmonds discussed the following topic: this construction company has performed city work as a subcontractor on other projects. Council Member Campos moved to approve the motion, seconded by Council Member Hernandez. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-028 14. 25-0234 Motion authorizing the approval of Change Order No. 3 with Reytec Construction Resources of Houston, Texas, for changes to the pavement structure on Alameda Street, from Louisiana Ave to Texan Trail, in the amount of $1,524,245.99 for a total amount not to exceed $16,937,904.07, with funding available from Bond 2018. Mayor Guajardo referred to Item 14. Council Members, City Manager Peter Zanoni, Director of Engineering Services Jeff Edmonds, and Assistant Director of Construction Inspection Joey Johnson discussed the following topics: the type of pavement used and certain restrictions; to ensure that Public Works is involved in managing the construction of street repairs; how construction is City of Corpus Christi Page 7 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 negatively impacting economic development; and better communication and signage for businesses affected by street construction. Council Member Hernandez moved to approve the motion, seconded by Council Member Barrera. This Motion was passed and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 Enactment No: M2025-029 General Consent Items 15. 25-0285 Resolution authorizing the submission of three grant applications to the Public Safety Office - Homeland Security Grants Division for the State Homeland Security Program totaling $218,952.00 for ten new rifle-rated armored shields for the Corpus Christi Police Department SWAT Team, fourteen replacement SCUBA equipment for the Corpus Christi Police Department Dive Team, and three additional stabilization kits for ladder trucks for the Corpus Christi Fire Department. This Resolution was passed on the consent agenda. Enactment No: 033601 Consent-First Reading Ordinances 16. 25-0244 Ordinance accepting a grant for $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program for the purchase of marketing materials and media for the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC); and appropriating $20,332.87 in the FY 2025 Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. 17. 25-0220 Ordinance amending Section 53-254 of the City Code to reduce the speed limit on Weber Road (FM 43), between Saratoga Boulevard (SH 357) and Oso Creek Bridge, and reduce the speed limit of Ennis Joslin Road (Spur 3), between South Padre Island Drive and Ocean Drive; providing for penalty and publication Mayor Guajardo referred to Item 17. A Council Member and Texas Department of Transportation (TxDOT) Director of Transportation Operations Juan Marfil discussed the following topic: the proposed speed reductions are based on crash studies by TxDOT. City of Corpus Christi Page 8 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 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: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 18. 25-0298 Ordinance accepting and appropriating two grant awards in the amount of $988,567.12 and $330,000 in funding from the Office of the Governor's Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant (DEAAG) Program with the required matching contributions from the City totaling $309,209.22 for the Lift Station Modernization Project at Naval Air Station-Corpus Christi and the Condensate Return Station Replacement Project at Corpus Christi Army Depot This Ordinance was passed on first reading on the consent agenda. 19. 25-0345 Ordinance approving the Home to Texas Internship Program project between the Corpus Christi B Corporation (Type B) and the University of Texas at Austin for a job training project comprising a nine-week summer internship for Corpus Christi students enrolled at UT Austin and a contribution to a $5,000.00 scholarship upon completion of the job training internship; appropriating $12,500.00 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. Mayor Guajardo referred to Item 19. Council Members and Director of Economic Development Arturo Marquez discussed the following topics: the purpose of this program is to encourage students enrolled at UT Austin to return to Corpus Christi; and concerns that these scholarships will be funded through taxpayer dollars. 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: 5- Council Member Barrera, Council Member Campos, Mayor Guajardo, Council Member Scott and Council Member Roy Nay: 4- Council Member Vaughn, Council Member Hernandez, Council Member Cantu and Council Member Paxson Abstained: 0 J. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:01 p.m. Executive Session City of Corpus Christi Page 9 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 Items 24 and 25 were held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:06 p.m. K. PUBLIC HEARINGS: (ITEMS 20 -21) 20. 25-0129 Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road), north of FM 43 (Weber Rd) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8474) Mayor Guajardo referred to Item 20. Council Members, City Manager Peter Zanoni, and Director of Planning and Community Development Dan McGinn discussed the following topics: the benefits of annexing these areas into the City; trust funds paid for the majority of the infrastructure; and a desire to widen County Road 33 with concrete streets. 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 Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 21. 25-0295 Annexation and Zoning Case ZN8481 Texas Lone Star Abstract & Title Investments Group, LLC. (District 3). Ordinance annexing a 2.00-acre tract of land per owner petition located at the southeast corner of FM 43 and CR 47; annexing the abutting 299.98 linear-foot section of CR 47; and annexing a 2,489.98 linear-foot section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8481) Mayor Guajardo referred to Item 21. City of Corpus Christi Page 10 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 Director of Planning and Community Development Dan McGinn presented information on the following topics: vicinity map; annexation area; and proposed development. A Council Member and Director McGinn discussed the following topic: this area will have septic water. Mayor Guajardo opened the public hearing. Founder and CEO of Lone Star Abstract & Title Investments Group, LLC Michael Neuman, stated he plans to move his Austin office to this location. Mayor Guajardo closed the public hearing. Council Member Barrera moved to approve the ordinance, seconded by Council Member Scott. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and Council Member Roy Abstained: 0 L. BRIEFINGS: (ITEMS 22 - 23) 22. 25-0167 Briefing by OVG360 on the American Bank Center Mayor Guajardo referred to Item 22. General Manager with OVG360 Daniel Melise presented information on the following topics: meet the team; community engagement and support; advertising highlights; arena events; convention center events; auditorium events; hospitality highlights; capital projects and improvements; partnership highlights; financials; and upcoming events. Council Members, General Manager Melise, and Assistant City Manager Heather Hurlbert discussed the following topics: concerns that the presented financial report is different than what Council was provided; desires for more sporting events, more local opportunities for catering and better quality of food; OVG360 uses in-house catering to generate revenue; the annual rate capacity; OVG360 is actively working on the naming rights; a request for more frequent updates from OVG360; the auditing process for OVG360; whether Thomas J. Henry is still being considered for the naming rights; and the American Bank Center is mostly marketed by promoters. 23. 25-0402 Briefing on 89th Texas Legislative Session Update, Presented by Ryan Skrobarczyk, Director of Intergovernmental Relations Mayor Guajardo referred to Item 23. City of Corpus Christi Page 11 Printed on 3/21/2025 City Council Meeting Minutes March 18,2025 Director of Intergovernmental Relations Ryan Skrobarczyk presented information on the following topics: 89th session filing deadline statistic; windstorm legislation; land use mandates and preemption; tax and economic development; and water supply funding. M. EXECUTIVE SESSION: (ITEMS 24 -25) 24. 25-0309 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the contract with Global Spectrum, L.P., dba OVG360 for operation of the American Bank Center This E-Session Item was discussed in executive session. 25. 25-0361 Executive session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the potential value and/or acquisition of properties at, adjacent, and/or near 13710 North Hillwood Trail, 13720 North Hillwood Trail, and/or 13724 North Hillwood Trail for the water line crossing the Nueces River at Callallen project-potential condemnation(s); and Texas Government Code § 551.072 to discuss and deliberate the purchase or value of the aforementioned areas of real property because deliberation in an open meeting would have a detrimental effect on the position of the governmental body in negotiations with a third person, including, but not limited to, potential consideration of authorization to enter agreement(s) for the purchase of the property or property(ies) at and/or adjacent to the aforementioned locations. This E-Session Item was discussed in executive session. N. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 6:06 p.m. City of Corpus Christi Page 12 Printed on 3/21/2025 Tuesday, March 4,2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question, report a violation,browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, March 4,2025 Name Mariah Boone Address 710 Ponder Street Corpus Christi,TX,78404 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Library Collection Development Policy Agenda Item Number Na Comment am appalled that the city manager is having private meetings with book banners.This is disrespectful to the larger library board and to the expert staff of the libraries. Please delay the decision on the proposed collection development policy for the libraries. Not everyone has had a chance to give input. Please consider a town hall so that everyone can have input rather than only listening to CCDF as the city manager has done. Libraries are for everyone and should not be controlled by a small group of people who have a political agenda and who don't even use them. Tuesday, March 18,2025 Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question,report a violation,browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, March 18, 2025 Name Alex Flucke Address 729 Sam Street Corpus Christi,Texas,78412 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic Drought Contingency Plan Agenda Item Number 1 Comment urge you all to ensure that our drought contingency plan is not only effective but also equitable. Water is a basic necessity,and during times of drought,we must make sure that conservation efforts and restrictions do not disproportionately impact low-income communities and those who already experience water insecurity. Big industry,that uses more than their fair share of our water, needs to be held accountable and must pay their fair share. It is not equitable to put the burden of this drought on everyday Corpus residents. We are not the reason we got to this point, big oil,gas,and industry is. Without an intentional focus on equity,drought policies can deepen existing disparities. I urge this body to consider these factors as you refine the plan so that all residents—regardless of income or neighborhood—have fair access to water and a voice in how we manage it. Thank you for your time. Saturday, March 1,2025 ,' • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request,ask a question, report a violation, browse city-required permit forms or access services online,click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday,March 18, 2025 Name Laura Cruz Address 4633 Mc Gregor Drive Corpus Christi,TX,78411 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 2 Topic adopt a policy Agenda Item Number PUBLIC COMMENT Comment Hello, my name is Laura Cruz,and I am a resident of Corpus Christi. urge the City Council to adopt a policy requiring individuals involved in animal trapping to be trained and certified. Untrained trappers can cause unnecessary harm,stress,or death to animals by trapping them incorrectly.There is no reason for this to continue. Cities like New York, Massachusetts,and Washington have mandatory trapper education programs that ensure humane practices. Corpus Christi has the chance to lead in responsible animal welfare by requiring certification for trappers. This would protect animals and set a standard of accountability in our community. Delaying this policy would be a disservice to animals and diminish our city's commitment to humane treatment. Our dedication to ethical practices should be clear and unwavering. Thank you for your time and consideration. 1 � Post Details Neighborl6 , , ... Fle doesn`t have a collar,turn It In to Che pound Reply Upload supporting images or Hide replies Neighborl2 Neighborl6 animals turn into the pound if not adopted may be put down. Neighborl6 /+�e5o ••• Neighbor t 2 owners should take better care for the+r pets then so they don't end up bring a nuisance is someone else's yard.Ike caught a few and turned them in. Reply ME(Neighborl0) 7h�yo •.• �Neighbarl6 -I'm sorry if there have been any issues, but Pm actively looking Ior my missing cat,and I care deeply about my pets. t � � Reply Leave a neighborly comment... - Provide an email • receive a copy • ieswithsantatx@gmail.corn ' Tuesday, March 18, 2025 • Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings To submit a service request, ask a question, report a violation, browse city-required permit forms or access services online, click here: Access Online Services To continue submitting a written public comment click Next below. Public Comment & Input Form For City Council Meetings, Board Meetings, & Commission Meetings Date of Meeting Tuesday, March 18, 2025 Name Mark Muenster Address 1015 Luxor Drive Corpus Christi,Texas, 78412 Please select the Board, Committee, City Council or governing body that your comments are directed to: Are you a resident of Corpus Christi? Yes What district do you reside in? District 4 Topic Water, Drought Contingency Plan, Equity for residents and the working class Agenda Item Number 1 Comment This proposed drought contingency plan does not enact measures that adequately address the situation we are with are lake levels and stage 3 drought. Swift loan water figures are attached. This is absolutely egregious, and now because of poor management and decisions from the council over the years, now residents are impacted with restrictions on water use at their personal residences or at their neighborhood park when the water fountain has been off for the last 5 months.The wording in section 10.5 of the updated DCP, is still not adequate in my opinion, as we need specific, in writing levels of curtailment at this point. Industry needs to be held to higher standards, as their amount of water use is grotesque and makes not a lot of sense for the working class here in corpus.There are pros and cons to anything, and industry has cons of human health problems through pollution of the air,water, and soil,they cause a strain on our public resources 1 Upload supporting images or documents. Y-ase numbers are annual, so for eyniivit 10 take Valero (who is supplying fuel to support Israel's genocide in Gaza.str:i!lh•out of Corpus Christi) Valero uses 3,209,904.000 gallons a year 3,209,904,000 divided by 365 Valero uses-8.7 million gallons per day The average household uses-72,000 gallons a year (or lessrl,) 72.000 divided by 365 The average red id CAW l household uses -197 gallons per day Vale,ro's annual water usage equals 44.582 households (about 34%of Corpus Christi's total households). All top 10 industrial users combined equal 229,644 households (about 1-77 times the total households in Corpus Christi)- Coneluslon, Industrial water usage vastly exceeds residential consurnption. The to 10 rndustrlaO customers alone use enough water to sup, y near Y twice the numberhvuse"Iids inCorpus r i 6b.1 EPK r r C4AW" so 554 WO r P 991 1 e . . wrce;The Swift Iran dcum !ts ,. d to i-► ve, ' ml Ilion inn _. • �I T":,,-Rd& ve4�lp 2 Mew nur*W.ae4 AWW&Ep rot 038rqp* tekc W.&wo I.-"ry s Mft rq hW r6 iupporr lItAel'S 9*w4lrlc In CWOO Ilemo r arm 44 Co FP Cr LWI Varero r 3,2CI%994.000 Wllons q 7r*w 5l.M—"4Ad8 c1te6 !by SW y VaLarou -A 7 hde,.4rlWns pr aVy d#rO Wbwrge ManeRro:U—-72ioao 9elrnm aysat ta^I+»s r MOW ar.licd 6,,WS PIC housebo'C ria4 1 726lkmi}'fir—Y Vb%r,Wh(trnual waw u:, egWIS 4,11,582 r jr WV YM rnlwvr 3 Xuw Cgapyy C"1 Vs total►rtrai Cm$) +!P loy 16 trier;CQMtw4d rra1 229.GM 1wu{FIbDkh (abdur 1,77 Ehrm'IM 4nW iF7rll'tlroltia rrs Carpu&CirpFsiq.. 4afHlr a rafldw6w c�dryq skim rr R r MW -A>hrYYS� - - lz>eeLar�� IC! Ql" SThe! loi� from T FI Dre opm s Provide an email to receive a copy of mjmuenster728@gmail.com your submission. 3 se GO � O� A v AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting March 18, 2025 'NCOq POP E 1852 Second Reading Ordinance for the City Council Meeting March 25, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance of a grant totaling $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program CAPTION: Ordinance accepting a grant for $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program for the purchase of marketing materials and media for the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC); and appropriating $20,332.87 in the FY 2025 Fire Grants Fund. SUMMARY: This ordinance authorizes accepting and appropriation of a grant totaling $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program for the purchase of marketing materials and media for the City of Corpus Christi—Nueces County Local Emergency Planning Committee (LEPC). BACKGROUND AND FINDINGS: The Texas Commission on Environmental Quality (TCEQ) awards funding to Local Emergency Planning Committees across the state of Texas. The funds awarded from this grant are dependent upon the amount of fees collected by TCEQ from facilities with hazardous materials across the state. Once the fees are collected by TCEQ, they are then divided and distributed as grant funds to multiple LEPCs across the state. The Community Right to Know Act of 1986 establishes the County Local Emergency Planning Committee (LEPC) as a forum at the local level for discussions and a focus for action in matters pertaining to hazardous material planning. The Local Emergency Planning Committee (LEPC) is comprised of both the City and County governments, commercial and industrial facilities with hazardous chemicals, and residents of the City of Corpus Christi and Nueces County. The LEPC Program Manager is an employee of the Corpus Christi Fire Department (CCFD) and serves as the liaison between county, city, state, and federal governments as well as facilities and citizenry. Additionally, the LEPC Program Manager assists with alerts for any potentially hazardous material incidents and oversees the manufacturing, transportation, and utilization of all hazardous chemicals within the county. The LEPC Program Manager also manages the repository for over 400 facilities' annual chemical inventories within the county. The LEPC works closely with the CCFD Hazmat team to coordinate facility visits, training opportunities, and provide critical information to the public. The primary mission of the LEPC is to reduce the risk of and provide emergency planning for hazardous materials releases. Per the interlocal cooperation agreement between Nueces County, City of Corpus Christi, and the Port of Corpus Christi, a position for the administration of the Local Emergency Planning Committee must be provided. The City's Fire Chief is the Community Emergency Coordinator and also the LEPC Chairman. Therefore, the LEPC department is housed within the Corpus Christi Fire Administration. The funding from this grant will purchase marketing materials and media for the LEPC in the amount of$20,332.87. The marketing materials for the LEPC will help inform residents of Nueces, Aransas, Refugio, and San Patricio counties about the Reverse Alert Notification System. Printed materials with information about the Reverse Alert Notification System will be distributed to residents in the four-county system. Additionally, local television spots will be purchased to raise awareness and prepare the community to respond to chemical emergencies. The local television spots will run for three months generating and expected to generate 1,050,000 impressions. The City has received funds from this grant in three previous years (2017, 2019, and 2023). Last year, the City received $8,843.58 from this grant. No City cash match will be required if the grant funds are awarded. ALTERNATIVES: The alternative is to not accept the grant award and instead seek alternative funding. However, this funding was not included in the FY 2025 LEPC Budget. If the funding is not awarded through this grant, the City will need to identify alternate funding in order to provide the necessary community outreach tools, marketing materials and media for the LEPC. FISCAL IMPACT: The FY 2025 fiscal impact is the acceptance of funding in the amount of $20,332.87 and appropriating $20,332.87 into the Fire Grants fund. Funding Detail: Fund: 1062 Fire Grant Fund Organization/Activity: 89 Grants & CIP/ FY25 LEPC Marketing Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 530500 Printing Advertising & PR Amount: $20,332.87 RECOMMENDATION: Staff recommends the approval of this ordinance to accept and appropriate a grant totaling $20,332.87 for the purchase of marketing materials and media for the City of Corpus Christi— Nueces County Local Emergency Planning Committee, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance PPT Certificate of Funds Ordinance accepting a grant for $20,332.87 from the Texas Commission on Environmental Quality for the 2024 Local Emergency Planning Committee Grant Program for the purchase of marketing materials and media for the City of Corpus Christi-Nueces County Local Emergency Planning Committee (LEPC); and appropriating $20,332.87 in the FY 2025 Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $20,332.87 is accepted by the City of Corpus Christi ("City") from the Texas Commission on Environmental Quality, under the 2024 Local Emergency Planning Committee Grant Program, for the purchase of marketing materials and media for the City of Corpus Christi—Nueces County Local Emergency Planning Committee (LEPC), additionally, funding in the amount of $20,332.87 is appropriated into the FY 2025 Fire Grants Fund. SECTION 2. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Section 1 of this ordinance. SECTION 3. No cash match is required. SECTION 4. The City Manager may reject or terminate this grant. Furthermore, the City Manager is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d)for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Fire Chief is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of these grant funds, the City assures that the funds will be returned to the Texas Commission on Environmental Quality, in full. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Texas Commission on Environmental Quality FY24 Local Emergency Planning Committee Grant Ordinance Authorizing Acceptance of Grant Award Fire Department Brandon Wade,Fire Chief i. March 18, 2025 Background Information The Texas Commission on Environmental Quality (TCEQ) awards funding to Local Emergency Planning Committees across the state of Texas. The funds awarded from this grant are dependent upon the amount of fees collected by TCEQ from facilities with hazardous materials across the state. Once the fees are collected by TCEQ, they are then divided and distributed as grant funds to multiple LEPCs across the state. The City has received an award of $20,332.87. Background Information This grant will provide funding for: The purchase of marketing materials and media for the LEPC in the amount of $20,332.87. The marketing materials for the LEPC will help inform residents of Nueces, Aransas, Refugio, and San Patricio counties about the Reverse Alert Notification System through printed materials and local television spots. The City has received funding from this grant in 2017, 2019, and 2023. � Texas Commission on Environmental Quality 1 FY24 Local Emergency Planning Committee Grant uestions ?Q Do Not Edit Grey Cells Grant Name FY24 Local Emergency Planning Committee Grant Grant Start Date Pending Award# Pending Grant End Date Pending Legistar# 25-0244 Close Out Period Not Applicable Ordinance# Pending Final Report Due Not Applicable Total Budget $ 20,332.87 Linked to CIP Project? No Appropriations 1 510100 Salaries&Wages $ Category Budget 1 510200 Overtime $ 1 Personnel $ 1 510300 Other Pay $ 2 Fringe Benefits 2 511000 Retirement $ 3 Travel 2 513000 Group Insurance Benefits $ 4 Contractual 2 513001 Other Employee Benefits $ 5 Supplies 20,332.87 0 2 548120 Self Insurance Allocation $ 6 Other - 5 520020 Clinical Supplies $ I Equipment m 5 520030 Chem/hsld supplies $ 5 520035 Janitorial supplies $ Total Direct $ 20,332.87 5 520090 Minor tools&equipment $ In_I - 5 520100 Minor computer equipment $ Cash Match ® 520105 Computer software $ Indirect Costs 5 520110 Minor office equipment $ Program Income 5 520120 Office supplies $ Total Budget $ 20,332.87 6 520130 Maint&repairs $ 6 520131 Maintenance&repairs-interdep $ 5 520145 Medical Supplies $ 530000 Professional services $ 530001 Outside Legal Counsel $ 530010 Interdepart-services $ 4 530070 Temporary Services $ 6 530090 Utilities-city $ 6 1 530100 Vehicle repairs $ 5 530140 Postage&express charges $ 3 530160 Rentals $ 530170 Mileage reimbursement $ 6 530210 Building maint&service $ 6 530211 Bldg maint&Service-interdept $ 530215 Maint&repairs-contracted $ 6 530230 Equipment maintenance $ 6 530231 Equipment maintenance-interdep $ 6 530235 Infrastructure maintenance $ 6 530250 Memberships,licenses&dues $ 1 530345 Incentive Awards $ 6 530490 Armored car service $ - 5 530500 Printing advertising&PR $ 20,332.87 2 537218 Police Supplemental Insurance $ - 5 540045 Uniforms&Protective Clothing $ 6 548130 Engineering Svcs allocation $ 6 548140 Purchasing/Messenger Svc Alloc $ 7 550040 Other Equipment $ 6 550880 Planning-City services $ M550910 Construction contract $ 6 550920 Testing $ 550950 Outside consultants $ Total Appropriations $ 20,332.87 se GO � O� A H /NCOOPOR AGENDA MEMORANDUM 1852 City Council Meeting of March 18, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, P.E., Director of Public Works ErnestoD2�cctexas.com (361) 826-1677 Ordinance Amending Corpus Christi Code to Reduce the Speed Limit on Weber Road (FM 43) between Saratoga Boulevard (SH 357) and Oso Creek Bridge and reduce the speed limit on Ennis Joslin (Spur3) between South Padre Island Drive and Ocean Drive CAPTION: Ordinance amending Section 53-254 of the City Code to reduce the speed limit on Weber Road (FM 43), between Saratoga Boulevard (SH 357) and Oso Creek Bridge, and reduce the speed limit of Ennis Joslin Road (Spur 3), between South Padre Island Drive and Ocean Drive; providing for penalty and publication SUMMARY: This is an ordinance amending the Corpus Christi Code to reduce the speed limit on Weber Road (FM 43) between Saratoga Boulevard (SH 357) to Oso Creek Bridge and reduce the speed limit on Ennis Joslin (Spur3) between South Padre Island Drive and Ocean Drive. BACKGROUND AND FINDINGS: The City of Corpus Christi received a request from The Texas Department of Transportation (TXDOT) to review and authorize a reduction in speed limits for two (2) state-maintained roadway corridors in Corpus Christi City limits. The segments and speed reductions include: • Weber Road (FM43) — Saratoga Boulevard (SH357) to Oso Creek Bridge o Speed limit reduced from 45MPH to 401VIPH • Ennis Joslin Road (Spur 3) — South Padre Island Drive to Ocean Drive o This segment has varying speed limits of 35MPH, 401VIPH and 45MPH. Speed limit reduced to 35MPH across the entire segment. TxDOT conducted engineering and traffic studies for both corridors in accordance with guidelines for state-maintained roads found in the "Procedures for Establishing Speed Zones". Studies performed evaluated various factors including existing speeds, crashes, roadway alignment, driveways, pedestrians, and bus stops. These studies were reviewed by TXDOT's Traffic Division and approval from their Transportation Commission. The Public Works Department is recommending the City amend city ordinance Section 53-254 to adjust the speed limits for segments of Weber Road and Ennis Joslin Road identified in the study. Passage of the ordinance is in conformance with TxDOT requirements and allows enforcement by the Corpus Christi Police Department (CCPD). After the Council approves the ordinance amending the Corpus Christi code, TXDOT will coordinate with the City on the timeline to install signs. At this time, TXDOT has estimated installation within a month of City Council approval of the changes. There will also be collaboration on educating the citizens on when the speed limit changes will be enforced using various media and message boards along each corridor. Once the new signs are installed and communicated to the public, there will be a grace period of two weeks by CCPD before actual citations are being issued to non-compliant drivers. PROCUREMENT DETAIL: None ALTERNATIVES: An alternative is to not approve the ordinance amending the Corpus Christi Code to reduce the speed limit on Weber Road (FM 43) between Saratoga (SH 357) and Oso Creek Bridge and reduce the speed of Ennis Joslin (Spur3) between South Padre Island Drive and Ocean Drive. However, TXDOT would proceed with the installation of signs. This would create enforcement issues with a lack of an adopted City ordinance. FISCAL IMPACT: None. Funding Detail: Fund: N/A Department: N/A Organization/Activity: N/A Project # (CIP Only): N/A Account: N/A RECOMMENDATION: Staff recommends approval to execute this ordinance amending the Corpus Christi Code to reduce the speed limit on Weber Road (FM 43) between Saratoga (SH 357) and Oso Creek Bridge and reduce the speed of Ennis Joslin (Spur3) between South Padre Island Drive and Ocean Drive, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation Ordinance amending Section 53-254 of the City Code to reduce the speed limit on Weber Road (FM 43), between Saratoga Boulevard (SH 357) and Oso Creek Bridge, and reduce the speed limit of Ennis Joslin Road (Spur 3), between South Padre Island Drive and Ocean Drive; providing for penalty and publication WHEREAS, in accordance with the Texas Transportation Code and City Code of Ordinances, the maximum reasonable and prudent speed upon the streets of the city is 30 miles per hour; WHEREAS, upon the basis of an engineering and traffic investigation, City Council can declare a different speed to be the maximum reasonable and prudent speed; WHEREAS, speed studies determine the 85f" percentile speed, which represents the speed most drivers will be traveling at or below, but the final speed limit may be reduced up to 10 miles per hour based on engineering judgment and other factors considered during the traffic investigation; WHEREAS, the speed study on FM 43(Weber), from Saratoga(SH 357) to the city limits, determined that the 85f" percentile speed was 42 miles per hour; WHEREAS, based on the engineering and traffic investigation, the final speed limit on FM 43(Weber), from Saratoga(SH 357) to the city limits, should be reduced 2 miles per hour below the 85f" percentile speed to be 40 miles per hour. WHEREAS, trial runs were conducted to determine if the speeds were appropriate on Ennis Joslin(Spur 3), from SH358 to Ocean Drive, and factors considered were (1) the higher than average crash rate, (2) horizontal curves, (3) dense driveways,(4) the presence of pedestrians and cyclists, (5) bus stops, (6) multiple cross-overs, and (7) location to a college community; WHEREAS, based on the trial runs, the final speed limit on Ennis Joslin, from SH358 to Ocean Drive should be reduced to be 35 miles per hour; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. All of the Recitals are hereby found to be true and correct legislative and factual findings of the City of Corpus Christi Texas, and they are hereby approved and the Recitals are incorporated for all purposes as if they were fully recited herein. SECTION 2. City Code of Ordinances, Chapter 53 Traffic, Article VIII Schedules, Section 53-254 Schedule V, increase of state speed limit in certain zones is revised as follows: Page 1 of 3 Sec. 53-254. - Schedule V, increase of state speed limit in certain zones It is hereby determined upon the basis of an engineering and traffic investigation that the speed permitted by state law upon the following streets is less than is necessary for safe operation of vehicles thereon by reason of widely spaced intersections, and it is hereby declared that the speed limit shall be as hereinafter set forth on those streets or parts of streets herein designated at the time specified and they shall become effective when signs are erected giving notice thereof: Ennis Joslin Road.- From a Ocean Drive to South Padre Island Drive(SH 358)-35 mph—At all times PreAlameda treet tG a-pvi.Tt 2-00 feet uth n�rrvf GarrseR Street 35 mph t�Mes Crnm a nnint 3QQ fo ifh of GaF6(RStreet tit 3QQ feat ifh of N101iQ vv--rc m-vr-var crcc "'� ``^^ hh''`"' ���� v-o-r cr- m--vi-�-vrrc M io 4Q mnh 4t AII timoc �i-racy�.. n�-rrr�-r—i--c�-crrrcn-rrca C rl1m a P n i n t 3 9 9 teet 8;G)tFt h r4f N P_ DriVa ^ f"""T��'t 49et�vrr h "f Mr-aAF.-Ilo Q�� mnh 4t AII timoc � Crnm a nnint 3QQ feet AA-rth of Gnarl Cncith D;rlro Iclonrl flrMPio v mph At AII times; From Wooldridge Road to Holly Road-35 mph—At all times Weber Road.- From Saratoga(SH 357) to the city limits line-40 mph—All times From South Staples Street to Saratoga Boulevard-35 mph—All times Crr�r_ Gga tG the nitliMitS 'iRe ^F Fnph All tomes 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 judgement 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 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. Page 2 of 3 SECTION 4. Publication shall be made one time in the official publication of the City of Corpus Christi by publishing the caption stating the purpose of the ordinance. This ordinance to become effective upon such publication. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Section 1-6 of the Corpus Christi Code of Ordinances. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 125 E 11th St Austin, Texas 78701 TM ,Texas 512.463.8588 Department txdot.gov of Transportation October 28, 2024 Mr. Peter Zanoni Corpus Christi City Manager 1201 Leopard St #611, Corpus Christi, Texas 78401 Dear Mr. Peter Zanoni, My name is America Garza, Transportation Engineer Supervisor, at Texas Department of Transportation (TxDOT) Corpus Christi District. We recently performed a speed study along FM43, starting at FM763 to SH357 to determine speed reduction in that area. Based on the data that was received TxDOT is proposing a speed reduction on FM43 within the city limits as described below: • A 40mph zone beginning at the Corpus Christi city limit located 1.5 miles East of SH286 to SH357 for a total length of 1.415 miles. Attached is a map of the limits of our study and the proposed speed zones. If you find our proposal satisfactory, please secure city action and return a signed electronic copy of the city ordinance to our office. Once we have this information, we will schedule sign installations. If you have any questions or need additional information, please contact me at (361) 808- 2490. Sincerely, E.12"3�IA114CB.. cuSigned by: . America B. Garza, P.E. Transportation Engineer Supervisor America.Garza@txdot.gov Connecting You with Texas An Equal Opportunity Employer � m i� � • �F � r say- �' ;;,.i Y _ a , U - lf ® �' bkn, r w R� t Y s s • �y in r: 4A, Google Earth N Image©2024 Airbus = 'c- I 1 IIII I iIC IR 3511RrN)III6I Ft O.IN.G CURVES ul.YvSORv SFE /S< SURFACE VIDTI ARD TTRE RCCOENTS 102J IS ZONE SPEEDS NExISTI fi0 MPx n MI6)I AIRS A4 SO MMI 41J1.M F)2>M A4 55 F. ED —11 M /J.IRSIEF7 A.661 YI 1AilN 1<YRJtW TFM 665 MMI x 7z y ux w My s �1e. se w CEN1fR LxF BEARwOS � � I MR 36'Ya I M/P SEK SbY S.� 6977 56•Y SFM 56/f 5bY S.S9 6.1R g- 66 SB op �SO 60 60 �7. u SH�357 I R,.i I emu, o MIuJ �� �i.� 1x ZOME SREE05 IExISTI 55 MPH/IR3JY)A661.ui ZONE SFEEDS 1R 1 MR GO MRH ti F)R195 Au n 41.0.7 ZONE LENLTIS MLE CRASIES 1023 sunisARE DADVsD _ — 3 gn _ ._ss rEDNR$.'1 1 wTE 113�IS12cg'9 My ION: L R o AR P sTATEMDE cPASH PATE Aw(Pwa> MGMYAY�F..3 C CNv OF�CCORPUS CMi15T 5 PERCENTLE SREED DATE OF SWVEx�02/277N SCJLE;T�•1000' emm r 1 i0R SREED MEASURE. liWty CRE�yy]]SN PATE RE—ED um r 125 MILER OF CARS CNECNED SECTION ONE LENGTH L275 LIES SECTOR TIM ~LENGTH 1.253 MILES SECTOR THREE LENGTH 1.115 MILES FLRSONKC1111 ACCOENT 1.1-01 MP 5.922 w+ 1i l.ED as g PROPERir GARAGE ACCOENT N EI SD I—LTNINS OT®PEE OCA TMAL MUM LOCATORS INDICATES SECTOR—ED es i Gr COMMSSION MRIUTE eEsin�iEo s¢xi DisiAHCE 4L BNK a.ROnSoaN SPEED UtvEE OVEa]• ^ �y aEPSX) sswN LONE SPEEDS<ER SP'1 .!1ix/)ltP FJ tl4S Yr N xP is a. W i 2 cENrea urE eEsxvucs P)m )� a SH /P9�AWJ.lJ1v/ •� .5 IN1)!J[P FJ t!{5 Yr .0 NRN/1lltP FJ;!{5 Yr I)PBAAYJ.lPT CRaCES OVER Sx Rrvfwav pEx4iv itURxiNO—LES'DEVELOPED RESbfNiiN,aREA OKfRCT••�y CWxi):Mrt<ES w ii,[Oe�.n'�a DAiE�viv 4 4Rs 2 ai 2 2 PEaCE'ILE SPEED sSURED YT—CDE VVCRASN RA)E AW(RURAL) DArE OP SM E 12)r2a CSC)LEl) 1000' em RS a—EREOF—ED S CCNECRED ® 3]8�3'L3}�0A'A5555x RATE LMR4 Di ZONf rq r< ]02.1� 6]9 S—RDN DONE LENOrx SAM UAIS —1- rw0 SEEI- iMEE LENGix L.�S MlES � AE aCCiDENTS O —E: a Q aROPERir DAMAGE ACCIDENT ®ittEDRCnEC�LOt>*iOxS l sRS sv D� W)o� ) r ns)°� i e'cofwsv�riiu�wu9NE0 ON L A S m NP 5.2a0 AS)0� ) iSSm, MO.5.022 W)Oi Docusign Envelope ID: DCB532A7-A8BO-454C-A3E2-A90EBBOB77B8 TM 125 E 11th St I Austin, Texas 78701 f Texas512.463.8588 epartment txdot.gov of Transportation November 13, 2024 Mrs. Renee W. Couture, P.E. Traffic Engineering Assistant Director 2525 Hygeia St. Corpus Christi, Tx 78415 Dear Renee Couture, My name is America Garza, Transportation Engineer Supervisor, at Texas Department of Transportation (TxDOT) Corpus Christi District. We recently performed a speed study along Spur 3 (Ennis Joslin) beginning at SH358 to Ocean Drive within the City of Corpus Christi to determine speed reduction in that area. Based on the data that was received TxDOT is proposing a speed reduction on Spur 3 (Ennis Joslin) within the city limits as described below: • A 35mph zone beginning at the SH358 to Ocean Drive for a total length of 2.347 miles. Attached is a map of the limits of our study and the proposed speed zones. If you find our proposal satisfactory, please secure city action and return a signed electronic copy of the city ordinance to our office. Once we have this information, we will schedule sign installations. If you have any questions or need additional information, please contact me at (361) 808- 2490. Sincerely, DDocuSigned by: �`f'Yk.F.1-.a.C.a� 3EB32D69A7D B.. merlca . Garza, P.E. Transportation Engineer Supervisor America.Garza@txdot.gov Connecting You with Texas An Equal Opportunity Employer From: Linda Guartuche To: Derrvk Blasia;America Garza Cc: Juan Marfil; David Pardo;Sergio Castilleia;Sergio Castilleia; Kassondra Munoz Subject: *****Spur 3(Ennis Joslin)Reduce Speed Request***** Date: Friday,November 1,2024 1:40:46 PM Attachments: Ad-Hoc Crash Rates By Control-Section Mileooint.xlsx SP39 SDur3 Ennis Joslin Form 1929 Trial Run.Ddf Trial Runs 30 40 45moh.Ddf CRP is requesting to reduce speed on Spur 3 (Ennis Joslin) in Nueces County from variance speeds of 30, 40, and 45 mph to 35mph. Comments are specified in the "Trial Runs_30_40_45mph" data set. NOTE: Please expedite this request as the City Commission meeting is scheduled on 11/12/2024. We are hoping to send this to the City Commission for review before 11/12/2024. We are requesting to reduce speed as part of the Stream Line Process outlined in the speed zone manual. Justifications: • Segment has crash rate higher than the SW Avg as shown in the Ad-Hoc reports for this control sections (3596-01). • Several horizontal curves • Dense driveways • Pedestrians and Cyclist (bike lane) • College community • City buses (bus stops) • Cross-overs We propose the 35mph speed limit along the entire trial run study zone on Spur 3 (Ennis Joslin) from SH358 (SPID) to Ocean Drive. Respectfully, America Garza, District Traffic Engineer AFTexas Department of TransperMion Linda Guartuche Transportation Engineering Corpus Christi District Traffic Engineering f ^` r��`: "Y• ` +. .�En pis Joslyn R� �a r• ✓� Ia. ,4 ar��. � r., A� •} id4 J j 4/� 51+1-,�,°�• C�oogle E�rtf� �; _,' .�-.� r W\{ Lill• ! � - v ,� Docusign Envelope ID: DCB532A7-A8BO-454C-A3E2-A90EBBOB77B8 Renee Couture, P.E., Traffic Engineering 2 November 13, 2024 Spur 3 (Ennis Josli Legend 35m ph(purposed speed) Connecting . TexasAn Equal .. Form 1929 Summary of Trial Run for • - - • Zones Page I of 1 Date: Oct 30, 2024 Driver(s): Gerardo Mata/Linda Guartuche Time: (from) 2:OOpm (to) 5:OOpm Weather: Sunny Clear Surface Type: Asphalt Surface Condition: ❑Wet or ®Dry / ®Smooth or ❑Rough Limits County Highway/ R=Reference Marker Length Speed (City if applicable) Control Section ST=Station (miles) (miles per hour) ( Y- pp ) MP=Milepost Begin -----------------End Nueces/Corpus Christi Spur 3 (Ennis Joslin) MP: 1.317 MP: 1.458 0.141mi 35 3596-01 Nueces/Corpus Christi Spur 3 (Ennis Joslin) MP: 1.458 MP: 1.907 0.449mi 40 3596-01 Nueces/Corpus Christi Spur 3 (Ennis Joslin) MP: 1.907 MP: 2.9 0.993mi 45 3596-01 Nueces/Corpus Christi Spur 3 (Ennis Joslin) MP: 2.9 MP: 3.358 0.458 35 3596-01 i I i I i From: Linda Guartuche To: America Garza Subject: FW:SS 3(3596-1)Speed Zone Approval Date: Tuesday,November 12,2024 10:36:06 AM Spur 3 approved. I'll forward to Renee. From: Derryk Blasig<Derryk.Blasig@txdot.gov> Sent:Tuesday, November 12, 2024 8:57 AM To:Juan QuinonesMatos<Juan.QuinonesMatos@txdot.gov>; America Garza <America.Garza@txdot.gov>; David Pardo<David.Pardo @txdot.gov>;Gloria Salinas <Gloria.Salinas@txdot.gov>;Jimmy Martinez<Jimmy.Martinez@txdot.gov>; Kassondra Munoz <Kassondra.Munoz@txdot.gov>; Linda Guartuche<Linda.Guartuche@txdot.gov>;Vanessa Patterson <Vanessa.Patterson @txdot.gov> Cc:Jeremy Rogers<Jeremy.Rogers@txdot.gov>; GRID<GRID@txdot.gov> Subject:SS 3 (3596-1) Speed Zone Approval We have reviewed the following speed zone request: Highway: SS 3 County: Nueces Control: 3596-1 City: Corpus Christi We concur with the following speed zone: # Mile Points Length (mi) Speed(mph) 1 1.012-3.359 2.347 35 Please proceed with the City of Corpus Christi to have a city ordinance passed for Zone 1. i i I i Crash Control Beginning Ending TxDOT District Count Highway Section Crash Year Metrics Milepoint Mil_point Corpus Christi Nueces SS0003 3596-01 2021 1.012 3.330 Corpus Christi Nueces SS0003 3596-01 2022 1.012 3.330 Corpus Christi Nueces SS0003 3596-01 2023 1.012 3.330 SW AVG BY ROAD TYPE Crash Rural Urban Crash NO DATA NO DATA 0.00 2 LANE, 2 WAY 9T99 CAR MORE LANES, 51.45 RURAL DIVIDED 4 OR MORE LADIES, UNDIVIDED 101,39 ' ICE, 2 WAY 209,81 OR ES, 170.21 URBAN TIDED 4 OR MORE LANES, 3 4.32' UNDIVIDED NO DATA NO DATA 0.00 r 2 LANE, 2 "SAY 96,28 4 CAR MORE DIES, 57.59 RURAL DIVIDED 4 OR ORE LANES, 101.69' 2022 UNDIVIDED 2 LANE, 2 WAY 212.42 4 OR 'VI ICE LANES, 35 URBAN DIVIDED A OR tvIORE LANES, 318.04 � UNDIVIDED NO DATA NO DATA 0,00 2 LANE, 2 WAY 99.32 4 OR MORE LANES, 57.96 RURAL DIVIDED 4 OR MORE LANES, 105.07 2023 UNDIVIDED 2 LAME, 2 WAY 214,95 4 OR MORE LANES, 165.27' URBAN DIVIDED ED R f0ORE LANES, 320.87 UNDIVIDED I i Length of Total Section Crashes Section ADT Section Crash Rate 2.318 55 19,985 325.27 2.318 55 19,985 32527 2.318 58 19,985 343.01 SW AVG BY HIGHWAY SYSTEM :msh Rural Urban Highmmy Mer. cs Crash I p Group Raft I Interstate Hig j�wys 58.35 R2 � IgW 70,45 State g m y* 89.47 �021 R=a_rm to A4ar ket 119,59 Interstate Highways 151.35 URBAN Ow—ayl 198.11 State High—way.5 22&87 Farm to Market 244.32 Interstate I-I gh1v 3y* 5322 R' Iig hh any 59,04' State Highwayl 87 00 Farms tot arttet 119,03 Interstate Highh ay5 154,56 URBAN High aye 195,04 State Highway2i 23 3 Farm tolylarket 248.98 Interstate H qhs ygy 51,64 Rt! a �Isg y y 70? 65 State Highway 91 12' rs W-bjar-W 123.07 Intent H -qh v yj 153.93 US Hsg Lay 194 62 URBANState. Hig-h-w-gyj 23053 Farm to tvtarkel 248.97 i E 2 { F V SION ZERO jai== aofoo'I'S. 0 0 CORPUS CHRISTI Ordinance - Speed Limit Reduction Weber Road & Ennis Joslin Road City Council Presentation March 18, 2025 BACKGROUND The City of Corpus Christi received a request from The Texas Department of Transportation (TxDOT) to review and authorize a reduction in speed limits for two (2) state-maintained roadway corridors in Corpus Christi City limits. The segments and speed reductions include: • Weber Road (FM 43) — Saratoga Boulevard (SH357) to Oso Creek Bridge o Speed limit reduced from 45MPH to 40MPH • Ennis Joslin Road (Spur 3) — Ocean Drive to South Padre Island Drive o This segment has varying speed limits of 35MPH, 40MPH and 45MPH. Speed limit reduced to 35MPH across the entire segment. `o�Pus cHRT PUBLIC WORKS r �1 5 852 EXISTING SPEED LIMITS Weber •I . I I • I • • • Creek (City Limits): I .� 45 MPH x �- 1,2 &JI i ry Lk TF �p x�a 1 J! 1• e F ''^ - ...'� ,Us C, man • • , , PUBLIORW OR KS B62 � �� •I I I • � I • • • I 1 Y i \\\ t !�; a56 I � e ,Us C, G� --.059�� , PUBLICRW OR KS B62 • • '. . • ji- � i€'� is i •] .� ss y� Mt- M r+ ! �� w .s IF s � � - 300Jft * PROPOSED , P Ennis • to Ocean A P' $_ k ,> yea35 MPH i )j I '!• 'I�f`i��J �—ter. i Nam` •a I 1 RECOMMENDATION MOM Staff recommends approving the City's Code of Ordinances Sec. 53-254. - Schedule V, increase of state speed limit in certain zones as presented: • Weber Road (FM 43)— Saratoga Boulevard (SH357) to Oso Creek Bridge o Speed limit reduced from 45MPH to 40MPH • Ennis Joslin Road (Spur 3) — Ocean Drive to South Padre Island Drive o This segment has varying speed limits of 35MPH, 40MPH and 45MPH. Speed limit reduced to 35MPH across the entire segment. 0 Questions? G� US C O � AGENDA MEMORANDUM 1852E First Reading Ordinance for the City Council Meeting of March 18, 2025 Second Readina Ordinance for the City Council Meeting of March 25, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Ryan Skrobarcyzk, Director of Intergovernmental Relations ryanS5@cctexas.com 361.826.3622 Acceptance of 2025 Texas Defense Economic Adjustment Assistance Grant Program in the amount of$988,567.12 for the Wastewater Lift Station Modernization for NAS-CC and $330,000 for Condensate Return Station Replacement for CCAD. Authorizing the purchase of 15 45 gallons per minute condensate return stations for $330,000. CAPTION: Ordinance accepting and appropriating two grant awards in the amount of $988,567.12 and $330,000 in funding from the Office of the Governor's Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant (DEAAG) program with the required matching contributions from the City totaling $309,209.22 for the Lift Station Modernization Project at Naval Air Station-Corpus Christi (NAS-CC) and the Condensate Return Station Replacement Project at Corpus Christi Army Depot (CCAD) and authorizing the purchase of fifteen 45-gallons per minute (GPM) Condensate Return Stations (CRS) for $330,000. SUMMARY: To receive the Defense Economic Adjustment Assistance Grant (DEAAG) program funds, the State of Texas requires award recipients to sign Grant Agreements identifying the responsibilities of the recipient and the State. An appropriation of$39,600 and $269,609, respectively will be made from the City's Capital Improvement Program Military Commission Account to fund the City's required cash matches for these grants. Reimbursement grant funds will be deposited into the 1078—Military Grant Fund for the acquisition of 15 45 gallons per minute CRS at CCAD and for the Lift Station Modernization at NAS-CC. BACKGROUND AND FINDINGS: On December 30, 2024, the City of Corpus Christi was awarded two grants from the State of Texas totaling $1,318,567.12. The first grant was allocated for the acquisition of 15 CRS at CCAD and the modernization of a wastewater lift station at NAS-CC. Grant 1 - Acquisition of 15 CRS at CCAD: The project involves replacing 15 smaller CRSs and two larger CRSs located in Building 8 of the CCAD, where engine cleaning and component rebuilding take place. These CRS are essential for heating the workplace and reducing relative humidity in critical shop environments. By Page 1 of 4 replacing the deteriorating CRSs and installing two new larger units, the project is expected to save approximately $290,000 annually in costs associated with water supply, wastewater treatment, chemicals, heating, and softener salt. In 2022, deteriorating and leaking CRSs wasted around 3,000,000 gallons of water. CCAD estimated that approximately 3,317,254 gallons of raw water were used that year, with 317,254 gallons directly linked to Building 8 operations which utilized steam and water from the system, making it non-returnable. This wasted water resulted in additional costs of about$83,580 per year for water supply and wastewater treatment, an extra $65,000 for chemicals, over $102,000 for heating new water from 70 degrees to 220 degrees, and roughly $39,000 annually for water softener salt. The wastewater treatment plant at NASCC is also expected to benefit from reduced treatment operations. CCAD is a crucial resource for aviation and a key component of the Army's Organic Industrial Base. It repairs damaged aircraft and customizes each aircraft, engine, or part to meet specific mission requirements, thereby extending the operational life of existing aircraft. The CRSs play a vital role in providing heating and humidity control within the workplace. The water generated by the CRSs is utilized in CCAD's Engine Cleaning Shop to produce the steam necessary for heating vats and cleaning engine parts. Currently, half of the CRSs are in disrepair, with corroded tanks and pumps either malfunctioning or leaking. For CCAD to maximize operational efficiency and reduce water consumption, it is essential that the CRSs operate at full capacity. Project Cost Leverage Dollars Percentage DEAAG $330,000 48.5% Federal $311,300 45.7% City of Corpus Christi $39,600 5.8% Grant 2 — Modernization of a wastewater lift station at NAS-CC: As a critical component of Continuity of Operations, NASCC's Lift Station 288 is the primary distributor of domestic and industrial waste generated by NASCC's largest tenant, the CCAD Industrial Complex, to the NASCC Wastewater Treatment Plant (WWTP). The current operation at half capacity poses significant risks; if the lift station were to fail, it would threaten NASCC's wastewater system and disrupt operations at CCAD. This failure could also result in wastewater spills, leading to environmental hazards for humans and wildlife. Installing a new lift station with a backup generator will ensure compliance with federal and state environmental regulations, reduce maintenance and repair costs for both CCAD and NAS-CC, and enhance the resiliency of the NAS-CC. Phase two of the previously awarded NASCC wastewater collection system project involves the removal and replacement of two submersible sewage grinder pumps within an underground wastewater lift station. This phase will also include replacing the associated control panels, installing a diesel-powered emergency generator for the lift station, and routing a new electrical power supply. This lift station is essential for the primary distribution of domestic waste generated by the Corpus Christi Army Depot(CCAD) Industrial Complex to the NASCC WWTP. It is currently classified as a critical facility for Continuity of Operations. Lift Station 288 was constructed in 1978, making it 46 years old, and was last repaired in 2011, during which pumps and controllers were replaced. This underground storage tank has submersible grinder pumps that handle domestic wastewater from CCAD Building 8 and other CCAD and tenant command facilities. The total capacity of the lift station is approximately one million gallons per day. Still, it is currently operating at only half that capacity due to one non- functioning submersible grinder pump. Page 2 of 4 Project Cost Leverage Dollars Percentage DEAAG $988,567.12 44% Federal $988,567.12 44% City of Corpus Christi $269,609.22 12% ALTERNATIVES: Rejecting the grant awards will prevent the repair of these critical infrastructure pieces, and the Texas Military Preparedness Commission will reallocate the funds to other defense communities in Texas. DEPARTMENTAL CLEARANCES: Budget, City Manager, Engineering, Finance, Legal FISCAL IMPACT: Accepting the grants will provide $1,318,567.12 to fund the replacement of Condensate Return Stations and wastewater lift station modernization. The City of Corpus Christi will provide a required match of $309,209.22 to cover the project procurement, management, and grant administrative services from the Capital Improvement Program Military Commission Account. FUNDING DETAIL: Fund: 1078; Military Grant Fund Department: 19; Intergovernmental Affairs Org: 89; Grants & CIP Projects Activity: Lift Station - NASCC Account: Amount: $988,567.12 Fund: 1078; Military Grant Fund Department: 19; Intergovernmental Affairs Org: 89; Grants & CIP Projects Activity: CRS Units - CCAD Account: Amount: $330,000 Fund: 3543; TM PCCO Department: 33; Streets Org: 89; Grants & CIP Projects Activity: 24202- DEAAG—NASCC Removal and Replacement of Pumps and Motors within two lift stations Amount: $269,609.22 Fund: 3543; TM PCCO Department: 33; Streets Org: 89; Grants & CIP Projects Activity: 25032 — DEAAG-Condensate Return Stations CCAD Amount: $39,600 RECOMMENDATION: Staff recommends approval of these grant agreements. Page 3 of 4 LIST OF SUPPORTING DOCUMENTS: Ordinance Award Letter for DEAAG — CCAD Condensate Return Station Replacement Award Letter for DEAAG — NASCC Lift Station Modernization Draft Agreement— CCAD Condensate Return Station Replacement Draft Agreement— NASCC Lift Station Modernization Certificate of Funds Presentation Page 4 of 4 Ordinance accepting and appropriating two grant awards in the amount of $988,567.12 and $330,000 in funding from the Office of the Governor's Texas Military Preparedness Commission Defense Economic Adjustment Assistance Grant (DEAAG) Program with the required matching contributions from the City totaling $309,209.22 for the Lift Station Modernization Project at Naval Air Station-Corpus Christi and the Condensate Return Station Replacement Project at Corpus Christi Army Depot BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funding in the amount of $988,567.12 is accepted by the City of Corpus Christi ("City") from the State of Texas, Texas Military Preparedness Commission, under the Defense Economic Adjustment Assistance Grant (DEAAG). Funding in the amount of $988,567.12 is appropriated into the FY 2025 Military Grant Fund with a cash match of $269,609.22 from the TMPCCO Fund. SECTION 2. Funding in the amount of $330,000.00 is accepted by the City of Corpus Christi ("City") from the State of Texas, Texas Military Preparedness Commission, under the Defense Economic Adjustment Assistance Grant (DEAAG). Funding in the amount of $330,000.00 is appropriated into the FY 2025 Military Grant Fund with a cash match of $39,600.00 from the TMPCCO Fund. SECTION 3. The City Manager, or his designee ("City Manager"), is authorized to execute all documents necessary to accept the funding indicated in Sections 1 and 2 of this ordinance. SECTION 4. The City Council commits to provide for the applicable cash match contribution of $269,609.22 and $39,600.00 from the TMPCCO Fund. SECTION 6. The City Manager or designee may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e) to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant." SECTION 7. The Director of Intergovernmental Relations is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject, or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of ' 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 Select Fund CITY OF CORPUS G.HRISTI, TX Export Excel PiiiSi is P;ar CAPITAL FUND BY PROJECT As Of September 30,2025 3543 -ST2007A-1TMPCC0 + 2025 11 57 Project 17esmptron Budget Expenditures Expenditures Commitments Encumbrances Unencumbered LTD LTD YTD Balance 70TAL 5,599,906.2B 3,874,96120 -77,955.63 i 000 1,723,944.06 17059DO13543EXP RAS Errlrance Road 5.68277 5,692.77 000 0 0,00 0.00 211141643EXP DE,4AG Gas Line Replacement 242 BIB 00 13.485.77 0-010 0 0.01 229+352.23 0133543EXP OE. G•NQL F Cabamss Easement 947.775 00 GW,3915.11 0.00 0 000 208,378.89 23095 DEAA G-NA5CC Wastewater&Manhotes 387.000 00 =63,015.53 .77.85563 0 0.00 450,015 53 23209 DEAAQ NA.SCC Penme!ler Fenw Qwt 123,0w 00 0.00 0.00 0 O.On 123pxao 1 Portable r Ctwraer IQ-OW1 5032 CEAAG-Condensale Return Stabons CC 39.6w 00 0.00 0.00 0 0.00 39,6m.00 50MMA3 500030 3543 RESERVE APPROP 137,$11.77 000 0.00 0 000 137,611 77 550313543 55031 3543 Ortg Issue Discount 13.31 d 09 13,314,09 0.DO 0 000 0.00 5 03543 65050 3543 Bond Issuance Costs 5523198 55;31.913 0.00 0 0.00 0.00 E152M13543EXf3 Sam Raridn Road lmprwements 1,117.419$8 1,117,411}.M 0O0 0 0.00 0-00 E162OW13543EXP NASGC Truck 1Rwec1iiiDr,Stagirg.Afea 1,1 T9,936 59 1,17M36 59 0 00 0 0.00 0.00 I'1161013543ECP ftorlshuctTaxnrrayrlGl0 3Fsfl2C1038 2w.SA D.04 0 -0.00 0.00 E 1$4511503$43C Repx5Yvd Tax way KJQ 231,450 58 231.460 58 1)CC 0 0.00 Q.00 E170 i3543F 11P hand Acquisftris of Clear Zones 51-8 245 00 261.869 58 0 00 0 0M 256,376.42 Name of Activity DEAAG CRS Units Grant Start Date 3/25/2025 Cash Match Fund 25032 Grant End Date 3/25/2027 Cash Match Org 89 Close Out Period 90 Days Cash Match Dept 33 Linked to CIP Project? Yes Total Cash Match $ 39,600.00 Appropriations 1 510100 Salaries&Wages $ Category Budget 1 510200 Overtime $ 1 Personnel $ 1 510300 Other Pay $ 2 Fringe Benefits $ 2 I 511000 Retirement $ Travel $ - 2 513000 Group Insurance Benefits $ 41 Contractual $ 7,920.00 2 513001 Other Employee Benefits $ 5 Supplies $ - 2 548120 Self Insurance Allocation $ 6 Other $ 31,680.00 m 5 520020 Clinical Supplies $ Equipment $ - 5 520030 Chem/hsld supplies $ 5 520035 Janitorial supplies $ Total Cash Match $ 39,600.00 5 520090 Minor tools&equipment $ 5 520100 Minor computer equipment $ M520105 Computer software $ 5 520110 Minor office equipment $ 5 520120 Office supplies $ 6 I 520130 Maint&repairs $ 6 520131 Maintenance&repairs-interdep $ 5 520145 Medical Supplies $ 530000 Professional services $ 530001 Outside Legal Counsel $ - 530010 Interdepart-services $ 7,920.00 530070 Temporary Services $ - 6 530090 Utilities-city $ 6 i 530100 Vehicle repairs $ 5 530140 Postage&express charges $ 530160 Rentals $ _ 530170 Mileage reimbursement $ 6 530210 Building maint&service $ 6 530211 Bldg maint&Service-interdept $ a530215 Maint&repairs-contracted $ 6 530230 Equipment maintenance $ 6 530231 Equipment maintenance-interdep $ 6 530235 Infrastructure maintenance $ 6 530250 Memberships,licenses&dues $ 1 530345 Incentive Awards $ 6 530490 Armored car service $ 5 530500 Printing advertising&PR $ 2 537218 Police Supplemental Insurance $ 5 540045 Uniforms&Protective Clothing $ - 6 548130 Engineering Svcs allocation $ 9,900.00 6 548140 Purchasing/Messenger Svc Alloc $ 1,980.00 7 550040 Other Equipment $ - 6 550880 Planning-City services $ 19,800.00 4 550910 Construction contract $ - 6 550920 Testing $ A 550950 Outside consultants $ - Total Appropriations $ 39,600.00 Name of Activity DEAAG CPS units Type of Activty S-State Grant Start Data 3/25/2025 Furtl 1078military91arrt l,l Grant Ertl Date 3/25/2027 Org 89 Close Out Period 90 Days Dept 19 Lirketlto CIP Pmje, Ves Total Activity#1 $ 330,000.00 Mot FTEs: 0 Mof Vears: 0 M of FTEs/City Temps: 0 AppropriMions 1 510100 Salaries&Wages $ Category Butlge[ 1 510200 Overtime $ 1 Personnel $ - t 510300 Other Pay $ 2 Fringe Benefits - 511000 Retiremem $ - ;3j Travel - 513000 Group Insurance Benefits $ - Contractual - B 513001 Other Employee Benefits $ 5 Snppfies - F 548120 Self Insurance ALLocation $ - 6 Other - 520020 Cfin-Lzpplim $ - ®Equipment 330,000 w 520030 Chem/hsltlsupplim $ - 520035 Janitorial supplies $ Total Activity.1 $ 330,000.00 520090 Minort N&equipment $ 520100 Minor computer equipment $ 520105 Computersoftware $ 520110 Minor office equipment $ - 520120 Office supplies $ B. Fringe Benefits #FM. #Yrs Salaries: 0.00 from rows 11-12 520130 Maint&repairs $ 520131 Maintenance&repairs-intertlep $ - 511000 Retiremem 7.65%FICA+15.99%TM RS - 0.00 0.00 511000 520145 Metlical Supplies $ - 511000 Metlicare(Temps) 1.425%Metlicare Match for City Temps 0.00 530000 Pratessicnalservices $ - 513000 Group Health l nsurance Avg$8,500 PEPY - 0,00 0.00 513000 530001 Outside Legal Counsel $ 513000 Group Health Insurance PWgto Match budget 530010 Intertlepart-services $ 513001 Otheremployeebenefits Approx$78 PEPY 0,00 0.00 513001 t 530070 Temporary Services $ - 548120 Workers Comp lns(Self lnsurance)$756.96 PEPY - 0.00 0.00 548120 530090 Utilities-city $ 548120 Workers Comp lns(Self Insurance)-City Temps$756.96 PEPY 0.00 530100 Vehiclerepairs $ - 0.00 Crosschk 530140 Postage&express charges $ 530160 Rentals $ 530170 Mileagereimbursement $ 530210 Builtling main[&service $ 530211 Blrg maim&Service-imertlept $ 530215 Maint&repairs-contractetl $ 530230 Equipmentmairrtenance $ 530231 Equipment maimenance-imertlep $ 530235 Infrastructure maimenance $ 530250 Memberships,licenses&tlues $ 1 530345 Incenti-Awartls $ 5304M Armoretl carservice $ 530500 PH reingativertising&FIR $ 537218 Police Supplemental Insurance $ 540045 Uniforms&Protective Clothing $ 548130 En®neering Svcs allocation $ 548140 Purchasirg/Messenger Svc Alloc $ 550040 Other Equipmem $ 330,000.00 550880 Planning-City services $ 550910 Construction corar $ 550920 Testirg $ 550950 Outsitle consultants $ Total Appmpriations $ 330,000.00 Name of Activity DEAAG NASCC Lift Station Type of Activty S-State Grant Start Date 3/25/2025 F-d 1078 Grant Entl Date 3/25/2027 Org 89 Close Out Periotl 90 Days Dept 19 Lmketl to CIP Proje, Ves Total Activity#1 $ 988,567.12 Mot FTEs: 0 Mof Vears: 0 M of FTEs/City Temps: 0 Approprimions 1 510100 Salaries&Wages $ Category Budget 1 510200 Overtime $ 1 Personnel $ - t 510300 Other Pay $ 2 Fringe Benefits - 511000 Retire— $ - 3 Travel - 513000 Group Insurance Benefits $ - 4_Y Contractual 988,567 B 513001 Other Employee Benefits $ 5 Supplies - F 548120 Selflnsurance ALLocation $ - 6 Other - 520020 Clinical Supplies $ - ®Equipment - 520030 Chem/hsltlsupplies $ - 520035 Janitorial supplies $ Total Activity#1 $ 988,887.12 520090 Minort N&equipment $ 520100 Minor computer equipment $ 520105 Computersoftware $ 520110 Minor office equipment $ - 520120 Office supplies $ B. Fringe Benefits #FM. #Vrs Salaries: 0.00 from rows 11-12 520130 Maint&repairs $ 520131 Maintenance&repairs-intertlep $ - 511000 Retiremem 7.65%FICA+15.99%TM PIS - 0.00 0.00 511000 520145 Metlical Supplies $ - 511000 Medicare(Temps) 1.425%Metlicare Match for City Temps 0.00 530000 Professicnalservices $ - 513000 Group Health l nsurance Avg$8,500 PEPY - 0,00 0.00 513100 530001 Outsid.Legal Counsel $ 513000 Group Health Insurance PWgto Match butlget 530010 Intertlepart-services $ 513001 Otheremployeebenefits Approx$78 PEPY 0,00 0.00 513001 t 530070 Temporary Services $ - 548120 Workers Comp lns(Self 1nsurance)$756.96 PEPY - 0.00 0.00 548120 530090 Utilities-city $ 548120 Workers Comp lns(Self Insurance)-City Temps$756.96 PEPY 0.00 530100 Vehiclerepairs $ - 0.00 Crosschk 530140 Postage&express charges $ 530160 Rentals $ 530170 Mikagereimbursement $ 530210 Building maim&service $ 530211 .0'.im&Service-imertlept $ 530215 Maint&repairs-contractetl $ 530230 Equipmentmaimenance $ 530231 Equipmentmaimenance-i—ft $ 530235 Infrastructure maimenance $ 530250 Memberships,licenses&tlues $ 1 530345 Incenti-Awartls $ 5304M Armoretl carservice $ 530500 Primingativertising&PR $ 537218 Police SupplementaUnsurance $ 540045 Uniforms&Protective Clothing $ 548130 En®neering5vrs allocation $ 548140 Purchasi WMessenger Svc Alloc $ 550040 Other Equipmem $ 550880 Planning-City services $ 550910 Construmioncomract $ 988,567.12 550920 Testing $ 550950 O"de consultants $ Total Appmpni ions $ 988,567.12 Name of Activity DEAAG NASCC lift station Grant Start Date 3/25/2025 Cash Match Fund 25033 Grant End Date 3/25/2027 Cash Match Org 89 Close Out Period 90 Days Cash Match Dept 33 Linked to CIP Project? Yes Total Cash Match $ 269,627.22 Appropriations 1 510100 Salaries&Wages $ Category Budget 1 510200 Overtime $ 1 Personnel $ 1 510300 Other Pay $ 2 Fringe Benefits $ 2 I 511000 Retirement $ Travel $ - > 2 513000 Group Insurance Benefits $ 41 Contractual $ 53,921.84 2 513001 Other Employee Benefits $ 5 Supplies $ - 2 548120 Self Insurance Allocation $ 6 Other $ 215,705.38 m 5 520020 Clinical Supplies $ Equipment $ - N 5 520030 Chem/hsld supplies $ 5 520035 Janitorial supplies $ Total Cash Match $ 269,627.22 5 520090 Minor tools&equipment $ 5 520100 Minor computer equipment $ M520105 Computer software $ 5 520110 Minor office equipment $ 5 520120 Office supplies $ 6 I 520130 Maint&repairs $ 6 520131 Maintenance&repairs-interdep $ 5 520145 Medical Supplies $ 530000 Professional services $ 530001 Outside Legal Counsel $ - 530010 Interdepart-services $ 53,921.84 530070 Temporary Services $ - 6 530090 Utilities-city $ 6 i 530100 Vehicle repairs $ 5 530140 Postage&express charges $ 530160 Rentals $ _ 530170 Mileage reimbursement $ 6 530210 Building maint&service $ 6 530211 Bldg maint&Service-interdept $ a530215 Maint&repairs-contracted $ 6 530230 Equipment maintenance $ 6 530231 Equipment maintenance-interdep $ 6 530235 Infrastructure maintenance $ 6 530250 Memberships,licenses&dues $ 1 530345 Incentive Awards $ 6 530490 Armored car service $ 5 530500 Printing advertising&PR $ 2 537218 Police Supplemental Insurance $ 5 540045 Uniforms&Protective Clothing $ - 6 548130 Engineering Svcs allocation $ 67,420.31 6 548140 Purchasing/Messenger Svc Alloc $ 13,480.46 7 550040 Other Equipment $ - 6 550880 Planning-City services $ 134,804.61 4 550910 Construction contract $ - 6 550920 Testing $ A 550950 Outside consultants $ - Total Appropriations $ 269,627.22 E.orT �t'ERN� GOVERNOR GREG ABBOT-1- December 30, 2024 Mr. Peter Zanoni City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Dear Mr. Zanoni: 1 am pleased to announce that the"Texas Military Preparedness Commission in my office voted to award the city of Corpus Christi a Defense Economic Adjustment Assistance Grant (DEAAG) in the amount of $330,000.00 for the Condensate Return Station Replacement in support of Corpus Christi Army Depot. The State of Texas places a high value on military installations and the defense communities that support them. The 15 military installations in Texas, along with Army Futures Command, have an impact of over $151 billion on the Texas economy. We look forward to watching this proiect develop and we will continue to support the U.S. Army as an instrumental part of the military community in Texas. Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of the 'texas Military Preparedness Commission (TMPC), informing my office whether the City of Corpus Christi accepts or rejects the grant award. If the City of Corpus Christi accepts the grant award, TMPC stafl'will work with your designated point of contact to begin processing the grant award and executing an agreement detailing the grant's required terms and conditions. Thank you for supporting your local military installation. Sincerely, /,O�pv� Greg Abbott Governor GA:kgd POST OFFICE Box 12428 AUSTIN,TEXAS 78711512463-2000(VOICE)DIAL 7-1-1 FOR RELAY SERVICES k 4S F w GOVERNOR GREG ABBOTT December 30, 2024 Mr. Peter Zanoni City Manager City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Dear Mr. Zanoni: I am pleased to announce that the Texas Military Preparedness Commission in my office voted to award the city of Corpus Christi a Defense Economic Adjustment Assistance Grant (DEAAG) in the amount of $988,567.12 for the Lift Station Modernization in support of Corpus Christi Naval Air Station. The State of Texas places a high value on military installations and the defense communities that support them. The 15 military installations in Texas, along with Army Futures Command, have an impact of over $151 billion on the Texas economy. We look forward to watching this project develop and we will continue to support the U.S. Navy as an instrumental part of the military community in Texas. Please reply to this correspondence with a letter, sent to Keith Graf, Executive Director of the 'texas Military Preparedness Commission (TMPC), informing my office whether the City of Corpus Christi accepts or rejects the grant award. If'the City of Corpus Christi accepts the grant award, TM PC staff will work with your designated point of contact to begin processing the grant award and executing an agreement detailing the grant's required terms and conditions. Thank you for supporting your local military installation. Sincerely, 141;�Iw Greg Kbott Governor GA:kgd POST OFFlCF.Box 12428 AusTiN,TEXAS 78711512463-2000(VoicF)DIAL 7-1-1 FOR RELAY SERVICE'S AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI DEAAG 2025-01-03 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission ("OOG" or "Grantor"), and the City of Corpus Christi ("Grantee"). The OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas Government Code, which authorizes the OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. The term of this Agreement commences on the date of last signature below("Effective Date") and terminates upon the completion of the Grant Project as described herein, or on the second anniversary of the Effective Date, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS.Consistent with Sections 436.202 and 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable,to purchase or lease equipment to train certain defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative) of this Agreement, and Grantee's DEAAG Grant Application (collectively, the "Grant Project"). Page 1 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 4. OBLIGATIONS OF THE OOG. 4.1. The OOG shall reimburse Grantee for the actual,reasonable, and allowable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to the Grant Project as determined by the OOG,in its sole discretion,in accordance with Chapter 436 of the Texas Government Code,the DEAAG Administrative Rules,this Agreement, and the Grant Budget, and in conformity with the Texas Grant Management Standards ("TxGMS"). 4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT.Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by the OOG under the terms of this Agreement shall not exceed THREE HUNDRED THIRTY THOUSAND AND NO CENTS($330,000.00). The parties stipulate and agree that any act,action or representation by either parry or its agents or employees that purport to increase the liability of the OOG is voidable by the OOG,unless this Agreement is amended to increase the liability of the OOG. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. 6.1. Subject to Subsection 6.4, grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or administrative expenses. 6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. Only costs that have been incurred and paid by Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to Grantee or a sub-grantee. 6.3. In no case shall the payments made to Grantee exceed the actual,reasonable, and allowable costs that are directly allocable to the Grant Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. 6.4. Pre-term costs incurred prior to the Effective Date of the Agreement where such costs are necessary to comply with the proposed Grant Project timeline are allowable only to the extent that they would have been allowable if incurred after the date of the award and only with the written approval of the OOG. 6.5. The OOG will not pay any costs not allowed under Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules, this Agreement, the Grant Budget, and other applicable law. 6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations, directives, guidelines, or any other authorities relevant to the performance of Grantee under this Page 2 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee agrees to comply with applicable laws, executive orders, regulations, and policies, as well as Chapter 783 of the Texas Government Code and TxGMS or its successor. Notwithstanding Section 24 of this Agreement,the OOG reserves the right,in its sole discretion,to unilaterally amend this Agreement throughout the term of this Agreement to incorporate any modifications necessary for the OOG's compliance, as an agency of the State of Texas,with all applicable state and federal laws,regulations, requirements, and guidelines. 6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grantee shall meet the following conditions precedent to the satisfaction of the OOG prior to any reimbursement payments: 7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs described in the Grant Budget. 7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG must approve, a reimbursement request as set forth in Section 8 of this Agreement. 7.3. The OOG will not consider requests for the reimbursement of expenditures Grantee incurs after the Term of Agreement has expired or terminated, as set forth in Section 2 of this Agreement. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. 7.4. Grantee must be in compliance with all terms of this Agreement. 7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. 8.1. Requests for Reimbursement. Grantee's reimbursement requests shall be submitted to the OOG in the form and manner approved by the OOG and shall specify the detailed and total expenses for the reimbursement request ("Request for Reimbursement"). All Requests for Reimbursement must be timely submitted to the OOG in accordance with the schedule and requirements set forth in Subsection 8.5 of this Agreement. Grantee's Requests for Reimbursement and required documentation shall be submitted directly to: tmpc@gov.texas.gov Or by mail to: Page 3 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Office of the Governor Texas Military Preparedness Commission P.O. Box 12428 Austin, Texas 78711 8.2. Required Documentation.Each Request for Reimbursement Grantee submits to the OOG must include: (1) the identification of the specific OOG Agreement; (2) Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) a description of the services, costs, and/or expenses, and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the costs charged by such entity or person; (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable; and(7) documentation of proof of payment, as specified in Subsection 8.3. Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and supported by included documentation. 8.3. Documentation of Proof of Payment. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes,but is not limited to, a receipt or other documentation of apaid invoice showing zero balance due,a monthly bank statement evidencing payment of the specific expenditure,copies of endorsed/processed check, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditures to which the reimbursement relates. 8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. 8.5. Timing of Submission of Request for Reimbursement to the OOG;Close-Out Request for Reimbursement. Grantee must submit accurate Requests for Reimbursement and all supporting documentation to the OOG in a timely manner. Grantee shall submit quarterly Requests for Reimbursement to the OOG that cover the previous quarter's expenses on or before the twentieth day after the end of each quarter. Quarterly Reimbursement requests shall be submitted in accordance with the deadlines specified in Table 1. Page 4 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Reimbursement request for is due to the OOG b expenditures duringthe . . . y' ' First Quarter December 20. Second Quarter March 20. Third Quarter June 20. Fourth Quarter September 20. Table 1 8.5.1. The OOG may, in its sole discretion, provide written authorization to Grantee that provides Grantee additional time to submit a specified quarterly request for reimbursement. The amount of additional time provided to Grantee shall be specified in the OOG's written authorization. 8.5.2. Grantee must submit a final Request for Reimbursement on or before the forty-fifth calendar day after termination of this Agreement. 8.5.3. The OOG will make all reasonable efforts to promptly process and make payments on properly-completed Requests for Reimbursement. 8.6. Final Deadline for Reimbursement Requests. All Requests for Reimbursement must be received by the OOG no later than forty-five calendar days after termination of this Agreement. An Agreement amendment must be executed by the OOG and Grantee to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than ten percent of the total budget amount specified in Exhibit A, or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be always available to the OOG upon request. The equipment inventory must include the following: a description of the equipment; a serial number or other identification number; the acquisition date, cost, location, use, and condition of the equipment;and any ultimate disposition data.Title for equipment shall remain with Grantee, and Grantee shall maintain, repair, and protect all equipment purchased in whole or in part with grant funds to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the TxGMS. Page 5 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 11. REPORTING REQUIREMENTS. 11.1. Until Grantee has submitted a Project Completion Report to the OOG,Grantee shall submit a Quarterly Project Status Report to the OOG,using the form attached hereto as Exhibit D,no later than twenty calendar days after the end of each quarter. Quarterly reports are due in accordance with the deadlines specified in Table 2. The report for the . . . is due to the OOG b First Quarter December 20. Second Quarter March 20. Third Quarter June 20. Fourth Quarter September 20. Table 2 11.1.1. Notwithstanding Subsection 11.1, the OOG may, at its sole discretion, provide written authorization to Grantee that provides Grantee a specified amount of additional time to submit a specified Quarterly Project Status report. 11.2. After Grantee has completed the Grant Project asset forth in this Agreement,but in no case more than one hundred twenty calendar days after termination of this Agreement, Grantee shall submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to the OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. 11.3. No later than sixty calendar days after the date on which Grantee submits Grantee's Project Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project Impact Report,using the form attached hereto as Exhibit F.A DEAAG Project Impact Report must contain information concerning j obs generated and retained, and individuals trained as a result of the Grant Project. For purposes of this Agreement, job creation, retention, and training rates may be evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. 11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant Project at any time upon request from the OOG. 11.5. Grantee shall cooperate with the OOG and provide all requested assistance to the OOG in connection with the preparation of any reports required to be made by the OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project, or the Grant Application. 11.6. All reports provided to the OOG must be signed by the duly authorized representative of Grantee. Page 6 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 11.7. If after a written request by the OOG,Grantee fails to provide required reports,information, documentation, or other information as required by this Agreement, then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. 12.1. Corrective Action. If the OOG finds deficiencies in Grantee's performance under this Agreement, the OOG, in its sole discretion, may impose corrective actions, including: increasing monitoring visits; requiring the submission of additional or more detailed reports; requiring prior approval for expenditures; requiring additional technical or management assistance or modifications in business practices; reducing the grant award amount; or terminating this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other corrective actions the OOG determines will be in the best interest of the State of Texas. 12.2. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information without prior written authorization from the OOG may result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. The OOG shall only provide written authorization for delay upon finding that extraordinary circumstances exist that support the delay. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. 12.3. Sanctions.In addition to a financial hold,the OOG,in its sole discretion,may impose other sanctions including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding,terminating this Agreement, or any other appropriate sanction. 12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. If the OOG determines Grantee has possibly defaulted on this Agreement, the OOG shall, within ten business days after making that determination, give written notice of possible default to Grantee that also sets out the circumstances that support the OOG's determination. 12.5. Opportunity to Cure. Unless the OOG provides written authorization providing additional time as set forth below, Grantee must cure the possible default and provide the OOG with sufficient information that supports a finding of cure by the OOG within thirty calendar days after the OOG gives Grantee notice under Subsection 12.4 of this Agreement. The OOG may, in its sole discretion and upon a finding by the OOG that extraordinary circumstances support the additional time,provide written authorization to Grantee that provides Grantee a specified amount of additional time cure the possible default and provide required information to the OOG. Page 7 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible default event, the OOG shall give written notice to Grantee within ten business days after making that determination. The OOG shall be guided by good faith and reasonableness in determining whether Grantee has cured the possible default. 12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of such default within ten business days after the OOG reaches its determination. Any default may result in termination of this Agreement in accordance with Section 16 of this Agreement. 12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective actions,financial hold, or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES.Any notice required or permitted to be given under this Agreement by either party shall be in writing and shall be deemed to have been given immediately if sent to the e-mail address specified in this Section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving parry at the address specified in this Section: To Grantor: To Grantee: Office of the Governor Peter Zanoni, City Manager Texas Military Preparedness Commission City of Corpus Christi P.O. Box 12428 1201 Leopard Street Austin, Texas 78711 Corpus Christi, Texas 78401 tmpc@gov.texas.gov peterz@cctexas.com SECTION 14. CERTIFICATIONS. By agreeing to and signing this Agreement, Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement and hereby makes the following certifications, representations, and warranties: 14.1. Child Support Obligation. Under Section 231.006(d) of the Texas Family Code, regarding child support, Grantee certifies that the Grantee is not ineligible to receive specified payments and acknowledges this Agreement may be terminated, and payment may be withheld if this certification is inaccurate. 14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code, Grantee certifies that the Grantee is not ineligible to enter this Agreement and acknowledges this Agreement may be terminated, and payment withheld if this certification is inaccurate. 14.3. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. Page 8 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 14.4. Gift to Public Servant. Grantee warrants that Grantee has not given, nor does Grantee intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the award of this Agreement. 14.5. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Certain Employment for Former State Officer or Employee Restricted); and Section 2252.901 (Contracts with Former or Retired Agency Employees). 14.6. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities employed in rendering services under this Agreement have,nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. 14.7. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee's Texas franchise tax payments are current, or that Grantee is exempt from, or not subject to, such tax. 14.8. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 14.9. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. 14.10. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform Grantee's obligations under this Agreement, without costs to the OOG. Grantee shall comply with any applicable laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee's obligations under this Agreement. Grantee shall comply with all applicable federal and state health and safety standards. Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or regulatory bodies that regulate any or all aspects of Grantee's operations. Grantee agrees to comply and remain compliant with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. 14.11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Grantee certifies that Grantee and Grantee's principals are not listed on the federal government's terrorism watch list as described in Executive Order 13224 and will remain compliant with this certification during the term of this Agreement. Grantee certifies that Grantee and Grantee's principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Page 9 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 14.12. Deceptive Trade Practices; Unfair Business Practices. Grantee represents and warrants that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. 14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and Grantee's employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances related to the conviction. 14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all applicable U.S. immigration laws with respect to the employment of any individual who will perform labor or services in the U.S. under this Agreement. 14.15. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, to determine the eligibility of. all persons employed to perform duties within Texas, during the term of the Agreement; and all persons, including subcontractors, employed or assigned by Grantee to perform work pursuant to the Agreement, within the United States of America. 14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is prohibited from awarding a grant to any with any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code,occurring after September 24,2005.Under Sections 2155.006 and 2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from entering into this Agreement and will remain compliant with this certification during the term of this Agreement. 14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 T.A.C.Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Additionally, if applicable, Grantee shall provide the Texas Department of Information Resources (DIR) with the URL to Grantee's Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of Page 10 of 32 DEAAG Agreement between the OOG& City of Corpus Christi the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/. 14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that Grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period when compared to non-Texas products and materials. 14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or similar amounts resulting from this Agreement, including,but not limited to, any federal, state, or local income,sales,or excise taxes of Grantee or Grantee's employees.The OOG shall not be liable for any taxes resulting from this Agreement. 14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not boycott Israel during the term of the Agreement. If Grantee does not make that certification, Grantee must notify the OOG and state why the certification is not required. The term "boycott Israel" as used in the paragraph has the meaning assigned by Section 808.001 of the Texas Government Code. 14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a "scrutinized company" as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has contracts with, provides supplies or services to, or is otherwise engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. The terms "foreign terrorist organization" and "designated foreign terrorist organization" have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the Texas Government Code, respectively. 14.22. Entities that Discriminate Against a Firearm Entity or Firearm Trade Association.If Grantee is required to make a certification pursuant to Section 2274.002 of the Texas Government Code, Grantee certifies that Grantee does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the Agreement against a firearm entity or firearm trade association. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.23. Entities that Boycott Energy Companies. If Grantee is required to make a certification pursuant to Section 2276.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott energy companies and will not boycott energy companies during the term of the Page 11 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Agreement. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.24. No Vaccine Passport. Grantee certifies that, pursuant to Section 161.0085 of the Texas Health and Safety Code, it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to, or to receive service from Grantee's business in Texas. Grantee acknowledges that such a vaccine or recovery requirement in Texas would make Grantee ineligible for a state-funded grant. 14.25. Cybersecurity Training Program.To the extent Grantee has access to any state computer system or database and is subject to the provisions of Section 2054.5192 of the Texas Government Code,the OOG will require Grantee to complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code, as selected by the OOG. The cybersecurity training program must be completed by Grantee during the term of the Agreement and during any subsequent extension period. Grantee shall verify completion of the program to the OOG in writing upon completion of the program. 14.26. Critical Infrastructure. If Grantee is required to access or control the State's critical infrastructure as defined in Sections 2275.0101 and 2275.0102 of the Texas Government Code, Grantee certifies,pursuant to Section 2275.0102 of the Texas Government Code,neither it nor its parent company, nor any affiliate of Grantee or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2275.0103 of the Texas Government Code, or (2)headquartered in any of those countries. SECTION 15. GENERAL TERMS AND CONDITIONS. 15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of Grantee or any subcontractor of Grantee be considered an employee,agent, servant, joint venturer,joint enterpriser,or partner of the OOG,by virtue of this Agreement. Grantee agrees to take such steps as may be necessary to ensure that each contractor of Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser, or partner of the OOG. All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee's subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee's subcontractors. Grantee or Grantee's subcontractors shall be responsible for ensuring that all appropriate payments are made, such as unemployment, workers' compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. The OOG is not responsible for any types of claims whatsoever due to actions or performance, taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any third parties under this Agreement, including but not limited to, the use of automobiles or other Page 12 of 32 DEAAG Agreement between the OOG& City of Corpus Christi transportation,taken by its owners,incorporators, officers, directors, employees,volunteers or any third parties. 15.2. Subcontracting.If Grantee should determine it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that Grantee will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this Section or any other provision of this Agreement be construed as relieving Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required,the following conditions will apply: (1)Grantee,in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten calendar days after Grantee's receipt of funds from the OOG. 15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. 15.4. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until four years from date of final payment by the OOG for the services provided under this Agreement. In addition,those records relating to any dispute,litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give the OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement for reason of default. 15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor,inspect, assess, and review the fiscal and contractual performance of Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. Page 13 of 32 DEAAG Agreement between the OOG & City of Corpus Christi 15.6. State Auditor. In addition to and without limitation on other audit provisions of this Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency may conduct an audit or investigation of Grantee or any other entity or person receiving funds from the State of Texas directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, Grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. Grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. 15.7. Texas Public Information Act. Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "PIA"), and Grantee acknowledges that the OOG will comply with the PIA. Grantee acknowledges that information created or exchanged in connection with this Agreement is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas.Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim that all documents are protected from disclosure will not render the whole of the information confidential. Any information not clearly identified as proprietary or confidential is subject to release in accordance with the PIA. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for information covering Grantee's Confidential Information. The OOG will determine whether to submit a request for an Open Records Letter Ruling to the Attorney General. Page 14 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Grantee agrees to maintain the confidentiality of confidential information received from the OOG or State of Texas during the performance of this Agreement, including information that discloses confidential personal information particularly, but not limited to, personally identifying information,personal financial information, and social security numbers. Grantee agrees that if any of Grantee's agents receives any third-party request for the disclosure of information relating to this Agreement,Grantee shall notify the OOG of any such request within three business days after receipt of the request. 15.8. Media Releases or Pronouncements.Grantee understands that the OOG does not endorse any vendor, commodity, good, or service. Grantee, Grantee's employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or Grant Project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. 15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY'S FEES AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ANY OF GRANTEE'S AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE'S DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. 15.10. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY, OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; (2) ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE, OR OTHER SERVICE Page 15 of 32 DEAAG Agreement between the OOG& City of Corpus Christi PROVIDED HEREUNDER;AND/OR(3)THE OOG'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL ("OAG") WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF THE OOG'S COUNSEL. 15.11. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR GRANTEE'S OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE,GRANTEE'S EMPLOYEES,AGENTS,OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS'COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. 15.12. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at hM2s://e r�gov.texas.s4ov/FileDirectoiy/Tx PUee_IdentForm_AP-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TIN System with the Texas Comptroller of Public Accounts. Page 16 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 15.13. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by Grantee's performing Grantee's duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. 15.14. Fraud,Waste, and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud,waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463- 1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Grantee must also comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 15.15. Information Security/Privacy. Grantee shall employ and maintain appropriate information security procedures to protect against the unauthorized acquisition,use, or disclosure of any personal information under applicable laws (including Personal Identifying Information or Sensitive Personal Information as those terms are defined in Chapter 521 of the Texas Business and Commerce Code)that it receives, compiles, or creates as a result of the Agreement to ensure compliance with any agency requirements of the OOG and any applicable international, federal, state,or local laws,regulations, and ordinances.Unless required by law to disclose,Grantee agrees to maintain the confidentiality of information received from the OOG or the State of Texas during the performance of the Agreement, including, but not limited to, Sensitive Personal Information, Personally Identifying Information, personal financial information, financial account numbers, account access information, computer passwords, social security numbers or information that is confidential by law or otherwise subject to a lawful exception from disclosure. In the event of an unauthorized acquisition, use, or disclosure of the OOG's information by Grantee, its employees, representatives, subcontractors or other agents in the performance of Grantee's duties, Grantee shall: (i) immediately notify the OOG in writing; (ii) assume and comply with any applicable remedial requirements required by law; (iii) bear all costs of such compliance and remediation; and(iv)provide the OOG with information regarding the breach and the progress of any remedial efforts if requested. The obligations of Grantee under this Section will survive the Agreement and must be included in all subcontracts in which the subcontractor may have access to personal information. Grantee shall endorse the OOG's requirements and adhere to the State of Texas' and the OOG's Information Technology Security Standards. From time-to-time and on the request of the OOG, Grantee may be required to execute written information security or non-disclosure agreements as deemed necessary by the OOG to strictly comply with any applicable confidentiality or Page 17 of 32 DEAAG Agreement between the OOG & City of Corpus Christi information security requirements or applicable laws, regulations, and protective orders. Grantee is required to assess risks, ensure data integrity, and determine the level of accessibility that must be maintained. Specific activities may include, but are not limited to identification of security, privacy, legal, and other organizational requirements for recovery of institutional resources such as data, software, hardware, configurations, and licenses at the termination of the Agreement. In addition, the OOG may periodically assess Grantee's privacy and security services provisioned to providing the goods and services under the Agreement to ensure all obligations are being met and to manage and mitigate risk. To the extent applicable, if Grantee is authorized to access, transmit, use, or store data for the OOG, Grantee must meet the security controls the OOG determines are proportionate with the OOG's risk under the Agreement based on the sensitivity of the OOG's data. Upon request, Grantee must provide to the OOG evidence that Grantee meets the security controls required under the Agreement. 15.16. Saturdays,Sundays,Holidays.If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken, or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holiday. 15.17. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court for the Western District of Texas, Austin Division. Venue for any OOG- initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; or the venue is otherwise improper. 15.18. No Waiver of Sovereign Immunity.The OOG is immune from suit and from liability.No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights, defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers, employees, or agents as provided by law. Page 18 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 16. TERMINATION. 16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without recourse, liability, or penalty, against the OOG,upon thirty calendar days' notice to Grantee. 16.2. Cause; Default. If Grantee fails to provide the agreed upon services according to the provisions of this Agreement or fails to comply with any of the terms or conditions of this Agreement,the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy but is in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 16.3. Rights upon Termination or Expiration. If the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual, reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is not an exclusive remedy but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. The OOG is not liable to Grantee or to Grantee's creditors for any costs incurred after receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by the OOG. 16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of early termination pursuant to this Section, Grantee shall not be relieved of any liability to the OOG for damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may withhold payments to Grantee until such time as the exact amount of damages due to the OOG from Grantee is agreed upon or is otherwise determined. 16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No refund payments may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG within thirty calendar days after such refund is requested in writing by the OOG, or within thirty calendar days after a notice from the OOG indicating the request is the result of a final determination that the refund is owed. 16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any provision of this Agreement, Grantee may be liable for damages and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved, or any issue of non-compliance is cured to the satisfaction of the OOG. SECTION 17. AVAILABILITY OF FUNDS. Grantee understands and agrees that funding for the grant is subject to the actual receipt by the OOG of funds appropriated to the OOG or otherwise available from federal funding sources. Grantee agrees that any funds received from the OOG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OOG for the purpose of the Agreement. Grantee agrees that notwithstanding any other provision of the Agreement, if the OOG is not appropriated the funds Page 19 of 32 DEAAG Agreement between the OOG& City of Corpus Christi or if the OOG does not receive the appropriated funds, or if the funds appropriated to the OOG are required to be reallocated to fund other state programs or purposes,then the OOG may reduce the Maximum Amount of Grant or terminate the Agreement without cost or penalty. SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, the OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST. 19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest,real or apparent,would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code. Grantee represents and warrants that performance under this Agreement will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the grant, it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the Agreement, Grantee shall promptly notify the OOG. 19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS. 20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and warrants that Grantee is not aware of and has received no notice of any court or governmental agency actions,proceedings or investigations, etc., (collectively "actions"), pending or threatened against Grantee within the five calendar years immediately preceding the Effective Date of this Agreement that would or could impair Grantee's performance under this Agreement. In addition, Grantee shall notify the OOG in writing within five business days of any changes to the Page 20 of 32 DEAAG Agreement between the OOG& City of Corpus Christi representations or warranties in this clause or of any actions that Grantee may become aware of and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure to so timely update the OOG of actions shall constitute breach of this Agreement and may result in immediate termination of this Agreement. 20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the OOG immediate notice in writing of any action,including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims,judgments, fines, or settlements. 20.3. Governmental Units of the State of Texas.The OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil Practice and Remedies Code. 20.4. No Liability.Grantee acknowledges that the OOG,the State of Texas,and their employees and officials shall not be held liable for any claims or causes of action whatsoever which may occur while performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Grant Project. Grantee shall inform the OOG in writing on or before the tenth business day after Grantee learns of the existence of such an event. SECTION 22. FORCE MAJEURE.Neither party shall be liable to the other for any delay in,or failure of performance of, any requirement included in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, which by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within ten business days after the existence of such force majeure, or otherwise waive this right as a defense. Page 21 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 23. DISPUTE RESOLUTION. 23.1. Informal Meetings. The parties' representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. The Parties agree to make a good faith effort to identify,communicate, and resolve problems found by either the OOG or Grantee. 23.2. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. 24.1. Alterations,Additions,Deletions. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. 24.2. Policy Directives.During the term of this Agreement,the OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from the OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In the event any one or more of the parts or provisions contained in this Agreement shall for any reason be held to be invalid,illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or provisions had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each parry and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any vague, ambiguous,or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS.The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment of grant funds or damages, limitation of liability, indemnification, public information, reporting requirements, retention and accessibility of records, audit rights, rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 22 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. SECTION 31. NO FALSE STATEMENTS. By signature to this Agreement, Grantee makes all the representations, warranties, guarantees, certifications and affirmations included in this Agreement.If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause, seek repayment for amounts distributed, and pursue other remedies available to the OOG under this Agreement and applicable law. IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic Adjustment Assistance Grant Agreement, effective as of the date of the last signature below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Peter Zanoni City Manager City of Corpus Christi Date Date Page 23 of 32 DEAAG Agreement between the OOG& City of Corpus Christi EXHIBIT A. GRANT BUDGET CITY OF CORPUS CHRISTI DEAAG 2025-01-03 $330,000.00 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property Infrastructure—Professional & Consultant Services Infrastructure—New Construction Infrastructure—Rehabilitation and Renovation $330,000.00 Infrastructure—Capital Equipment) Infrastructure—Capital Supplies3 Infrastructure—Facilities Insurance Training Equipmene Training Supplies Total $330,000.00 'Per the TxGMS,"Equipment"'means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per-unit acquisition cost of$5,000 or more. 2 Id. s Per the TxGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 24 of 32 EXHIBIT B. GRANT NARRATIVE CITY OF CORPUS CHRISTI DEAAG 2025-01-03 UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by Grantee in Grantee's October 9, 2024 grant application applies to this Agreement: The City of Corpus Christi requests $330,000 to assist the Corpus Christi Army Depot by funding the procurement and installation of fifteen 45 Gallons per Minute (GPM) Condensate Return Station(CRS)units and two 90 GPM CRS units at Corpus Christi Army Depot Building 8 for total replacement of existing, deteriorated CRS units. Page 25 of 32 EXHIBIT C. UNIFORM STATE GRANT ASSURANCES Grantee must assure and certify compliance with all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, the Texas Grant Management Standards (TxGMS); and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application,acceptance and use offederal and state funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award, Grantee certifies and assures that Grantee complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant.A resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application,including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. Grantee will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. 3. Grantee will ensure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,unless otherwise expressly prohibited by law. 4. Grantee will comply with Chapter 551 of the Texas Government Code,which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. Grantee will comply with Section 231.006 of the Texas Family Code,which prohibits payments to a person who is in arrears on child support payments.Further,Grantee will include the following clause in the award documents for every subcontract and must require subcontractors to certify accordingly:"Under Section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement,bid or application is not ineligible to receive the specified grant,loan,or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.An application for a grant paid from state funds must include the name and social security number of the individual or sole proprietor and each partner,shareholder,or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 6. Grantee will comply with Section 26 1.101 of the Texas Family Code,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.Grantee will also ensure that all program personnel are properly trained and aware of this requirement. 7. Grantee will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. s. Grantee will comply with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 9. Grantee will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations,charitable trusts,and private foundations. 10. Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code,which restrict lobbying expenditures. 11. No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 12. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code,Grantee will be in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless TCOLE certifies that Grantee is in the process of achieving compliance with such rules. 13. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met Page 26 of 32 14. Grantee will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race,color or national origin;(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§ 1681-1683,and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disabilities;(d)Americans With Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; (e)the Age Discrimination Act of 1974, as amended(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age;(f)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616), as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(h) §§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(i)Title VIII of the Civil Rights Act of 1968(42 U.S.C. § 3601 et seq.),as amended, relating to nondiscrimination in the sale,rental or financing of housing;0)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. 15. Grantee will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § § 276a to 276a-7),the Copeland Act(40 U.S.C.§ §276c and 18 U.S.C.§ §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction sub-agreements. 16. Grantee will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 17. Grantee will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 18. Grantee will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 19. Grantee will ensure that the facilities under Grantee's ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.(EO 11738). 20. Grantee will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 21. Grantee will comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State (Clean Air)Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended(P.L. 93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 22. Grantee will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 23. Grantee will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 24. Grantee will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)pertaining to the care,handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. 25. Grantee will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. Page 27 of 32 26. Grantee will ensure it has adopted and implemented applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of State Health Services as required by the Texas Health and Safety Code, Sec. 85.001,et seq. 27. Grantee will comply with Public Law 103-277,also known as the Pro-Children Act of 1994,which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Pro-Children Act of 1994. 28. Grantee will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 29. Grantee will comply with all applicable requirements of all other federal and state laws,executive orders,regulations and policies governing this program. 30. Grantee and its principals are not, nor will be, suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts or the System forAward Management(SAM)maintained by the General Services Administration. 31. Grantee acknowledges and understands the dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. 32. Grantee will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. Page 28 of 32 EXHIBIT D. QUARTERLY PROJECT STATUS REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-03 Summary of Expenditures: Quarter Expenditure (Report Period $ Amount) Description Percentage of Grant Project Completed: Brief Narrative Explaining Expenditures: Grant Project Status: Signature of Grantee's Authorized Representative Date Print Name Title Page 29 of 32 EXHIBIT E. PROJECT COMPLETION REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-03 Percent Completed: GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT. The purpose of the grant was to [GRANT PURPOSE]. The total cost for the Grant Project is as follows: • Grant Project Total $ • Total $ The following is a brief Grant Project scope summary: This is to certify that an inspection of 100% of the completed Grant Project described below was conducted on the day of , 20_. Contracts were entered into for GRANT PROJECT between GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. Signature of Grantee's Authorized Representative Date Print Name Title Page 30 of 32 EXHIBIT F. DEAAG PROJECT IMPACT REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-03 Project Name: Grantee Name: Address: Telephone: Fax: Contact Person: E-mail: Time Period Covered by Report: to Grant Project Performance Measures: • Create, retain, or train jobs by the completion of the Grant Project • Grant Project Description: • Grant Project Address: Jobs Created Time Period Active Full Time Jobs Created,Retained or Students Trained EX. 01/12 — 03/12 Total Page 31 of 32 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created to This Reporting Period Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: Businesses assisted or created to date: Grant Project Financial Impact • Narrative summary of Impact: • Update on current Grant Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF GRANTEE. Signature of Grantee's Authorized Representative Date Print Name Title Page 32 of 32 AGREEMENT FOR THE DEFENSE ECONOMIC ADJUSTMENT ASSISTANCE GRANT BETWEEN THE OFFICE OF THE GOVERNOR, TEXAS MILITARY PREPAREDNESS COMMISSION AND CITY OF CORPUS CHRISTI DEAAG 2025-01-04 STATE OF TEXAS COUNTY OF TRAVIS THIS AGREEMENT is between the Office of the Governor, Texas Military Preparedness Commission ("OOG" or "Grantor"), and the City of Corpus Christi ("Grantee"). The OOG and Grantee are referred to collectively as the "parties." The parties hereto have severally and collectively agreed and by the execution of this Agreement are bound to the mutual obligations and to the performance and accomplishment of the tasks described herein. SECTION 1. PURPOSE. This Grant is awarded pursuant to Chapter 436 of the Texas Government Code, which authorizes the OOG to administer the Defense Economic Adjustment Assistance Grant ("DEAAG") program. The DEAAG program provides state funds to defense communities that have been or may be affected by a base realignment and closure action for the purposes of purchasing property, sharing the costs of infrastructure or redevelopment projects, and the purchase or lease of equipment, including equipment for the training of defense workers. SECTION 2. TERM OF AGREEMENT. The term of this Agreement commences on the date of last signature below("Effective Date") and terminates upon the completion of the Grant Project as described herein, or on the second anniversary of the Effective Date, whichever occurs first, unless terminated earlier pursuant to Section 16 of this Agreement. SECTION 3. PROJECT REQUIREMENTS.Consistent with Sections 436.202 and 436.203 of the Texas Government Code, grant proceeds may be used for the purchase of property, new construction, rehabilitation or renovation of facilities or infrastructure, or purchase of capital equipment or facilities insurance, and if applicable,to purchase or lease equipment to train certain defense workers. Subject to the requirements of applicable law and this Agreement, Grantee may use grant proceeds as cost reimbursement for certain actual, reasonable, and allowable costs that are directly allocable to the project described in Exhibit A (Grant Budget), Exhibit B (Grant Narrative) of this Agreement, and Grantee's DEAAG Grant Application (collectively, the "Grant Project"). Page 1 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 4. OBLIGATIONS OF THE OOG. 4.1. The OOG shall reimburse Grantee for the actual,reasonable, and allowable costs incurred by Grantee during the term of this Agreement, subject to the requirements and limitations set forth in this Agreement. The OOG shall reimburse Grantee only for costs that are directly allocable to the Grant Project as determined by the OOG,in its sole discretion,in accordance with Chapter 436 of the Texas Government Code,the DEAAG Administrative Rules,this Agreement, and the Grant Budget, and in conformity with the Texas Grant Management Standards ("TxGMS"). 4.2. The OOG shall not be liable to Grantee for any costs incurred by Grantee that are not strictly in accordance with the terms of this Agreement. SECTION 5. MAXIMUM AMOUNT OF GRANT.Notwithstanding any other provision of this Agreement, the total of all grant reimbursement payments and other obligations incurred by the OOG under the terms of this Agreement shall not exceed NINE HUNDRED EIGHTY-EIGHT THOUSAND FIVE HUNDRED SIXTY-SEVEN AND TWELVE CENTS ($988,567.12). The parties stipulate and agree that any act, action or representation by either parry or its agents or employees that purport to increase the liability of the OOG is voidable by the OOG, unless this Agreement is amended to increase the liability of the OOG. SECTION 6. GENERAL REQUIREMENTS APPLICABLE TO THE GRANT. 6.1. Subject to Subsection 6.4, grant funds may be used only for the actual, reasonable, and allowable costs incurred during the term of this Agreement and that are directly allocable to the Grant Project. Grant funds may not be used for the payment of taxes, overhead, debt repayment, indirect expenses, or administrative expenses. 6.2. All grant funds shall be disbursed on a cost reimbursement basis, subject to the terms of this Agreement. Only costs that have been incurred and paid by Grantee are eligible for reimbursement. Grant funds are not eligible for use to provide an advance payment to Grantee or a sub-grantee. 6.3. In no case shall the payments made to Grantee exceed the actual,reasonable, and allowable costs that are directly allocable to the Grant Project costs as identified in the Grant Budget, or the Maximum Amount of Grant as set forth in Section 5 of this Agreement. 6.4. Pre-term costs incurred prior to the Effective Date of the Agreement where such costs are necessary to comply with the proposed Grant Project timeline are allowable only to the extent that they would have been allowable if incurred after the date of the award and only with the written approval of the OOG. 6.5. The OOG will not pay any costs not allowed under Chapter 436 of the Texas Government Code, the DEAAG Administrative Rules, this Agreement, the Grant Budget, and other applicable law. 6.6. Grantee agrees to comply with all applicable state and federal laws, rules and regulations, directives, guidelines, or any other authorities relevant to the performance of Grantee under this Page 2 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Agreement as they currently exist and as amended throughout the term of this Agreement. Grantee agrees to comply with applicable laws, executive orders, regulations, and policies, as well as Chapter 783 of the Texas Government Code and TxGMS or its successor. Notwithstanding Section 24 of this Agreement,the OOG reserves the right,in its sole discretion,to unilaterally amend this Agreement throughout the term of this Agreement to incorporate any modifications necessary for the OOG's compliance, as an agency of the State of Texas,with all applicable state and federal laws,regulations, requirements, and guidelines. 6.7. Grantee agrees to comply with the Uniform State Grant Assurances as set forth in Exhibit C. SECTION 7. CONDITIONS PRECEDENT TO REIMBURSEMENT. Grantee shall meet the following conditions precedent to the satisfaction of the OOG prior to any reimbursement payments: 7.1. All costs incurred by Grantee for which Grantee seeks reimbursement must be for the actual, reasonable, and allowable costs that are directly allocable to the Grant Project costs described in the Grant Budget. 7.2. Before the OOG will make a reimbursement payment, Grantee must submit, and the OOG must approve, a reimbursement request as set forth in Section 8 of this Agreement. 7.3. The OOG will not consider requests for the reimbursement of expenditures Grantee incurs after the Term of Agreement has expired or terminated, as set forth in Section 2 of this Agreement. The total amount already disbursed plus the amount requested shall not exceed the Maximum Amount of Grant set forth in Section 5 of this Agreement. 7.4. Grantee must be in compliance with all terms of this Agreement. 7.5. Grantee must have supplied to the OOG all reports, documentation, or other items that the OOG requires or has requested. SECTION 8. STRUCTURE FOR REIMBURSEMENT PAYMENTS. 8.1. Requests for Reimbursement. Grantee's reimbursement requests shall be submitted to the OOG in the form and manner approved by the OOG and shall specify the detailed and total expenses for the reimbursement request ("Request for Reimbursement"). All Requests for Reimbursement must be timely submitted to the OOG in accordance with the schedule and requirements set forth in Subsection 8.5 of this Agreement. Grantee's Requests for Reimbursement and required documentation shall be submitted directly to: tmpc@gov.texas.gov Or by mail to: Page 3 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Office of the Governor Texas Military Preparedness Commission P.O. Box 12428 Austin, Texas 78711 8.2. Required Documentation.Each Request for Reimbursement Grantee submits to the OOG must include: (1) the identification of the specific OOG Agreement; (2) Grantee's federal tax identification number; (3) the name and division of the OOG contact; (4) a description of the services, costs, and/or expenses, and the dollar amount attributable to each; (5) the name of the entity or person providing the service and the costs charged by such entity or person; (6) an itemization of charges with sufficient detail to permit the OOG to determine if the costs are allowable; and(7) documentation of proof of payment, as specified in Subsection 8.3. Each item of expenditure shall be specifically attributed to the eligible Grant Project cost category as identified in the Grant Budget. By submission of a Request for Reimbursement, Grantee is warranting that (1) all invoices have been carefully reviewed to ensure that all invoiced services or goods have been performed or delivered; (2) the services or goods have been performed or delivered in compliance with all terms of this Agreement; (3) the amount of each new invoice added together with all previous invoices does not exceed the Maximum Amount of Grant as stated in Section 5 of this Agreement; and (4) the charges and expenses shown on the invoice are reasonable, necessary, and supported by included documentation. 8.3. Documentation of Proof of Payment. Requests for Reimbursement must include documentation of proof of payment as evidence of actual expenditures. Acceptable proof of payment includes,but is not limited to, a receipt or other documentation of apaid invoice showing zero balance due,a monthly bank statement evidencing payment of the specific expenditure,copies of endorsed/processed check, or a printed copy of an electronic payment confirmation evidencing payment of the specific expenditures to which the reimbursement relates. 8.4. Right to Request Additional Documentation. Upon the request of the OOG, Grantee must submit to the OOG any additional documentation or explanation the OOG may require to support or document any requested payment under the Agreement. 8.5. Timing of Submission of Request for Reimbursement to the OOG;Close-Out Request for Reimbursement. Grantee must submit accurate Requests for Reimbursement and all supporting documentation to the OOG in a timely manner. Grantee shall submit quarterly Requests for Reimbursement to the OOG that cover the previous quarter's expenses on or before the twentieth day after the end of each quarter. Quarterly Reimbursement requests shall be submitted in accordance with the deadlines specified in Table 1. Page 4 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Reimbursement request for is due to the OOG b expenditures duringthe . . . y' ' First Quarter December 20. Second Quarter March 20. Third Quarter June 20. Fourth Quarter September 20. Table 1 8.5.1. The OOG may, in its sole discretion, provide written authorization to Grantee that provides Grantee additional time to submit a specified quarterly request for reimbursement. The amount of additional time provided to Grantee shall be specified in the OOG's written authorization. 8.5.2. Grantee must submit a final Request for Reimbursement on or before the forty-fifth calendar day after termination of this Agreement. 8.5.3. The OOG will make all reasonable efforts to promptly process and make payments on properly-completed Requests for Reimbursement. 8.6. Final Deadline for Reimbursement Requests.All Requests for Reimbursement must be received by the OOG no later than forty-five calendar days after termination of this Agreement. An Agreement amendment must be executed by the OOG and Grantee to extend this deadline. Any extension of the deadline is within the sole discretion of the OOG and subject to the availability of appropriated funds. SECTION 9. BUDGET ADJUSTMENT. Prior written approval from the OOG is required if Grantee anticipates altering the scope of the Grant Project, adding funds to previously un-awarded budget items or categories, changing funds in any awarded budget items or category by more than ten percent of the total budget amount specified in Exhibit A, or adding new line items to any awarded budget category. SECTION 10. PURCHASE OF EQUIPMENT; MAINTENANCE AND REPAIR; TITLE UPON TERMINATION. Grantee shall not give any security interest or lien or otherwise encumber any item of equipment purchased with grant funds. Grantee shall identify all equipment purchased under this Agreement by appropriate tags or labels affixed to the equipment. Grantee shall maintain a current inventory of all equipment, which shall be always available to the OOG upon request. The equipment inventory must include the following: a description of the equipment; a serial number or other identification number; the acquisition date, cost, location, use, and condition of the equipment;and any ultimate disposition data.Title for equipment shall remain with Grantee, and Grantee shall maintain, repair, and protect all equipment purchased in whole or in part with grant funds to ensure the full availability and usefulness of such equipment. In the event Grantee is indemnified, reimbursed, or otherwise compensated for any loss of, destruction of, or damage to the equipment purchased under this Agreement, Grantee shall use the proceeds to repair or replace said equipment. Upon termination of this Agreement, title, use, and disposal of equipment shall be in conformity with the TxGMS. Page 5 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 11. REPORTING REQUIREMENTS. 11.1. Until Grantee has submitted a Project Completion Report to the OOG,Grantee shall submit a Quarterly Project Status Report to the OOG,using the form attached hereto as Exhibit D,no later than twenty calendar days after the end of each quarter. Quarterly reports are due in accordance with the deadlines specified in Table 2. The report for the . . . is due to the OOG b First Quarter December 20. Second Quarter March 20. Third Quarter June 20. Fourth Quarter September 20. Table 2 11.1.1. Notwithstanding Subsection 11.1, the OOG may, at its sole discretion, provide written authorization to Grantee that provides Grantee a specified amount of additional time to submit a specified Quarterly Project Status report. 11.2. After Grantee has completed the Grant Project asset forth in this Agreement,but in no case more than one hundred twenty calendar days after termination of this Agreement, Grantee shall submit to the OOG a Project Completion Report, using the form attached hereto as Exhibit E, describing all activities performed under this Agreement. Grantee shall provide to the OOG a Certification of Delivery, certifying that Grantee has received delivery of all equipment purchased pursuant to this Agreement. 11.3. No later than sixty calendar days after the date on which Grantee submits Grantee's Project Completion Report to the OOG, Grantee shall provide to the OOG a DEAAG Project Impact Report,using the form attached hereto as Exhibit F.A DEAAG Project Impact Report must contain information concerning j obs generated and retained, and individuals trained as a result of the Grant Project. For purposes of this Agreement, job creation, retention, and training rates may be evidenced by satisfactory documentation, such as copies of payroll documents, human resource documents, or training enrollment records. 11.4. Grantee shall provide to the OOG additional information regarding the status of the Grant Project at any time upon request from the OOG. 11.5. Grantee shall cooperate with the OOG and provide all requested assistance to the OOG in connection with the preparation of any reports required to be made by the OOG to the Texas Legislature or any relevant governmental entity regarding Grantee, the Grant, the Grant Project, or the Grant Application. 11.6. All reports provided to the OOG must be signed by the duly authorized representative of Grantee. Page 6 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 11.7. If after a written request by the OOG,Grantee fails to provide required reports,information, documentation, or other information as required by this Agreement, then the OOG may require corrective action or consider this act a possible default under this Agreement. SECTION 12. CORRECTIVE ACTION. 12.1. Corrective Action. If the OOG finds deficiencies in Grantee's performance under this Agreement, the OOG, in its sole discretion, may impose corrective actions, including: increasing monitoring visits; requiring the submission of additional or more detailed reports; requiring prior approval for expenditures; requiring additional technical or management assistance or modifications in business practices; reducing the grant award amount; or terminating this Agreement. The foregoing are not exclusive remedies, and the OOG may impose other corrective actions the OOG determines will be in the best interest of the State of Texas. 12.2. Financial Hold. Failure to comply with submission deadlines for required reports, invoices, or other requested information without prior written authorization from the OOG may result in the OOG, in its sole discretion, placing Grantee on immediate financial hold without further notice to Grantee and without first requiring a corrective action plan. The OOG shall only provide written authorization for delay upon finding that extraordinary circumstances exist that support the delay. No reimbursements will be processed until the requested information is submitted. If Grantee is placed on financial hold, the OOG, in its sole discretion, may deny reimbursement requests associated with expenses incurred during the time Grantee was placed on financial hold. 12.3. Sanctions.In addition to a financial hold,the OOG,in its sole discretion,may impose other sanctions including, but not limited to, withholding or suspending funding, requiring return or offset of previous reimbursements, requiring repayment, disallowing claims for reimbursement, reducing funding,terminating this Agreement, or any other appropriate sanction. 12.4. Notice of Possible Default. The parties agree to make a good faith effort to identify, communicate, and resolve problems found by either the OOG or Grantee. The OOG, in its sole discretion, will determine whether Grantee has acted or failed to act in such a manner that gives rise to an act of possible default under this Agreement. If the OOG determines Grantee has possibly defaulted on this Agreement, the OOG shall, within ten business days after making that determination, give written notice of possible default to Grantee that also sets out the circumstances that support the OOG's determination. 12.5. Opportunity to Cure. Unless the OOG provides written authorization providing additional time as set forth below, Grantee must cure the possible default and provide the OOG with sufficient information that supports a finding of cure by the OOG within thirty calendar days after the OOG gives Grantee notice under Subsection 12.4 of this Agreement. The OOG may, in its sole discretion and upon a finding by the OOG that extraordinary circumstances support the additional time,provide written authorization to Grantee that provides Grantee a specified amount of additional time cure the possible default and provide required information to the OOG. Page 7 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 12.6. Cure. If the OOG determines, in its sole discretion, that Grantee has cured the possible default event, the OOG shall give written notice to Grantee within ten business days after making that determination. The OOG shall be guided by good faith and reasonableness in determining whether Grantee has cured the possible default. 12.7. Default. If the OOG determines Grantee has not cured the possible default, Grantee shall be in default hereunder, and the OOG shall give written notice to Grantee informing Grantee of such default within ten business days after the OOG reaches its determination. Any default may result in termination of this Agreement in accordance with Section 16 of this Agreement. 12.8. No Waiver. Notwithstanding the imposition of corrective actions, financial hold, or sanctions, Grantee remains responsible for complying with the Agreement terms and conditions. Corrective actions,financial hold, or sanctions do not excuse or operate as a waiver of prior failure to comply with this Agreement. SECTION 13. NOTICES.Any notice required or permitted to be given under this Agreement by either party shall be in writing and shall be deemed to have been given immediately if sent to the e-mail address specified in this Section. Any notice required or permitted to be given under this Agreement may be given by regular first class mail and shall be deemed to have been given on the date of attempted or actual delivery to the recipient if addressed to the receiving parry at the address specified in this Section: To Grantor: To Grantee: Office of the Governor Peter Zanoni, City Manager Texas Military Preparedness Commission City of Corpus Christi P.O. Box 12428 1201 Leopard Street Austin, Texas 78711 Corpus Christi, Texas 78401 tmpc@gov.texas.gov peterz@cctexas.com SECTION 14. CERTIFICATIONS. By agreeing to and signing this Agreement, Grantee represents that Grantee has obtained all necessary authority to enter into this Agreement and hereby makes the following certifications, representations, and warranties: 14.1. Child Support Obligation. Under Section 231.006(d) of the Texas Family Code, regarding child support, Grantee certifies that the Grantee is not ineligible to receive specified payments and acknowledges this Agreement may be terminated, and payment may be withheld if this certification is inaccurate. 14.2. Prohibited Bids and Agreements. Under Section 2155.004 of the Texas Government Code, Grantee certifies that the Grantee is not ineligible to enter this Agreement and acknowledges this Agreement may be terminated, and payment withheld if this certification is inaccurate. 14.3. Human Trafficking. Under Section 2155.0061 of the Texas Government Code, Grantee certifies that Grantee is not ineligible to receive this Agreement and acknowledges that this Agreement may be terminated and payment withheld if this certification is inaccurate. Page 8 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 14.4. Gift to Public Servant. Grantee warrants that Grantee has not given, nor does Grantee intend to give, at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with the award of this Agreement. 14.5. Former Executive Head and Employees of the Agency. Grantee certifies that this Agreement is compliant, and will remain in compliance during the Agreement term, with the following sections of the Texas Government Code: Section 669.003 (Contracting with Executive Head of State Agency); Section 572.069 (Certain Employment for Former State Officer or Employee Restricted); and Section 2252.901 (Contracts with Former or Retired Agency Employees). 14.6. Conflicts of Interest. Grantee certifies that neither Grantee nor the personnel or entities employed in rendering services under this Agreement have,nor shall they knowingly acquire, any interest that would be adverse to or conflict in any manner with the performance of Grantee's obligations under this Agreement. Grantee has a continual and ongoing obligation to immediately notify the OOG in writing, upon discovery of any actual or potential conflict. 14.7. Corporate Franchise Tax. Grantee certifies that, if applicable, Grantee's Texas franchise tax payments are current, or that Grantee is exempt from, or not subject to, such tax. 14.8. No Claims. Grantee certifies that Grantee does not have any potential or existing claims against or unresolved audit exceptions with the State of Texas or any agency of the State of Texas. 14.9. Debt to State. Grantee acknowledges and agrees that,to the extent Grantee owes any debt or delinquent taxes to the State of Texas, any payments Grantee is owed under this Agreement may be applied by the Comptroller of Public Accounts toward any debt or delinquent taxes Grantee owes the State of Texas until the debt or delinquent taxes are paid in full. 14.10. Compliance with Licensing, Permitting, and Regulatory Bodies. Grantee certifies that Grantee has or will obtain all licenses, certifications, permits, and authorizations necessary to perform Grantee's obligations under this Agreement, without costs to the OOG. Grantee shall comply with any applicable laws, ordinances, resolutions, codes, decisions, orders, rules, and regulations, in connection with Grantee's obligations under this Agreement. Grantee shall comply with all applicable federal and state health and safety standards. Grantee certifies that Grantee is currently is in good standing with all licensing, permitting, or regulatory bodies that regulate any or all aspects of Grantee's operations. Grantee agrees to comply and remain compliant with all applicable licenses, legal certifications, inspections, and any other applicable local ordinance or state or federal laws. 14.11. Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion. Grantee certifies that Grantee and Grantee's principals are not listed on the federal government's terrorism watch list as described in Executive Order 13224 and will remain compliant with this certification during the term of this Agreement. Grantee certifies that Grantee and Grantee's principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Page 9 of 32 DEAAG Agreement between the OOG& City of Corpus Christi Comptroller of Public Accounts and the System for Award Management (SAM) maintained by the General Services Administration. 14.12. Deceptive Trade Practices; Unfair Business Practices. Grantee represents and warrants that Grantee has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that the Respondent has not been found to be liable for such practices in such proceedings. Grantee certifies that Grantee has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit, and that such officers have not been found to be liable for such practices in such proceedings. 14.13. Felony Criminal Convictions. Grantee represents and warrants that Grantee and Grantee's employees who will perform services under this Agreement have not been convicted of a felony criminal offense, or that, if such a conviction has occurred, Grantee has fully advised the OOG as to the facts and circumstances related to the conviction. 14.14. Immigration. Grantee represents and warrants that Grantee shall comply with all applicable U.S. immigration laws with respect to the employment of any individual who will perform labor or services in the U.S. under this Agreement. 14.15. U.S. Department of Homeland Security's E-Verify System. Grantee certifies and ensures that Grantee utilizes and will continue to utilize, for the term of this Agreement, the U.S. Department of Homeland Security's E-Verify system as required by Chapter 673 of the Texas Government Code, to determine the eligibility of. all persons employed to perform duties within Texas, during the term of the Agreement; and all persons, including subcontractors, employed or assigned by Grantee to perform work pursuant to the Agreement, within the United States of America. 14.16. Certification Concerning Prior Disaster Relief Contract Violation. The OOG is prohibited from awarding a grant to any with any person who, in the past five years, has been convicted of violating a federal law or assessed a penalty in connection with a contract involving relief for Hurricane Rita, Hurricane Katrina, or any other disaster, as defined by Section 418.004 of the Texas Government Code,occurring after September 24,2005.Under Sections 2155.006 and 2261.053 of the Texas Government Code, Grantee certifies that Grantee is not ineligible from entering into this Agreement and will remain compliant with this certification during the term of this Agreement. 14.17. Technology Access Clause. If applicable, Grantee will comply with the State of Texas Accessibility requirements for Electronic and Information Resources specified in 1 T.A.C.Chapter 213 when such products are available in the commercial marketplace or when such products are developed in response to a procurement solicitation. Additionally, if applicable, Grantee shall provide the Texas Department of Information Resources (DIR) with the URL to Grantee's Voluntary Product Accessibility Template (VPAT) for reviewing compliance with the State of Texas Accessibility requirements (based on the federal standards established under Section 508 of Page 10 of 32 DEAAG Agreement between the OOG& City of Corpus Christi the Rehabilitation Act), or indicate that the product/service accessibility information is available from the General Services Administration "Buy Accessible Wizard" (http://www.buyaccessible.gov). A company not listed with the "Buy Accessible Wizard" or supplying a URL to their VPAT must provide DIR with a report that addresses the same accessibility criteria in substantively the same format. Additional information regarding the "Buy Accessible Wizard" or obtaining a copy of the VPAT is located at http://www.section508.gov/. 14.18. Buy Texas. With respect to all services, if any, purchased pursuant to this Agreement, Grantee represents and warrants that Grantee will buy Texas products and materials for use in providing the services authorized herein when such products and materials are available at a comparable price and within a comparable period when compared to non-Texas products and materials. 14.19. Liability for Taxes. Grantee represents and warrants that Grantee shall pay all taxes or similar amounts resulting from this Agreement, including,but not limited to, any federal, state, or local income,sales,or excise taxes of Grantee or Grantee's employees.The OOG shall not be liable for any taxes resulting from this Agreement. 14.20. Israel. If Grantee is required to make a certification pursuant to Section 2271.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott Israel and will not boycott Israel during the term of the Agreement. If Grantee does not make that certification, Grantee must notify the OOG and state why the certification is not required. The term "boycott Israel" as used in the paragraph has the meaning assigned by Section 808.001 of the Texas Government Code. 14.21. Iran, Sudan, or Foreign Terrorist Organization. Grantee represents that neither Grantee, nor any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of Grantee, (i) is an entity listed by the Texas Comptroller of Public Accounts under Sections 2252.153 or 2270.0201 of the Texas Government Code; (ii) constitutes a "scrutinized company" as defined by Section 2270.0001(9) of the Texas Government Code; or (iii) has contracts with, provides supplies or services to, or is otherwise engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. The terms "foreign terrorist organization" and "designated foreign terrorist organization" have the meanings assigned to them in Sections 2252.151 and 2270.0001 of the Texas Government Code, respectively. 14.22. Entities that Discriminate Against a Firearm Entity or Firearm Trade Association.If Grantee is required to make a certification pursuant to Section 2274.002 of the Texas Government Code, Grantee certifies that Grantee does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and will not discriminate during the term of the Agreement against a firearm entity or firearm trade association. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.23. Entities that Boycott Energy Companies. If Grantee is required to make a certification pursuant to Section 2276.002 of the Texas Government Code, Grantee certifies that Grantee does not boycott energy companies and will not boycott energy companies during the term of the Page 11 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Agreement. If Grantee does not make that certification, Grantee must indicate why the certification is not required. 14.24. No Vaccine Passport. Grantee certifies that, pursuant to Section 161.0085 of the Texas Health and Safety Code, it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to,to gain access to, or to receive service from Grantee's business in Texas. Grantee acknowledges that such a vaccine or recovery requirement in Texas would make Grantee ineligible for a state-funded grant. 14.25. Cybersecurity Training Program.To the extent Grantee has access to any state computer system or database and is subject to the provisions of Section 2054.5192 of the Texas Government Code,the OOG will require Grantee to complete a cybersecurity training program certified under Section 2054.519 of the Texas Government Code, as selected by the OOG. The cybersecurity training program must be completed by Grantee during the term of the Agreement and during any subsequent extension period. Grantee shall verify completion of the program to the OOG in writing upon completion of the program. 14.26. Critical Infrastructure. If Grantee is required to access or control the State's critical infrastructure as defined in Sections 2275.0101 and 2275.0102 of the Texas Government Code, Grantee certifies,pursuant to Section 2275.0102 of the Texas Government Code,neither it nor its parent company, nor any affiliate of Grantee or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Section 2275.0103 of the Texas Government Code, or (2)headquartered in any of those countries. SECTION 15. GENERAL TERMS AND CONDITIONS. 15.1. Independent Contractor. Grantee expressly agrees that Grantee is an independent contractor and under no circumstances shall any owner, incorporator, officer, director, employee, or volunteer of Grantee or any subcontractor of Grantee be considered an employee,agent, servant, joint venturer,joint enterpriser,or partner of the OOG,by virtue of this Agreement. Grantee agrees to take such steps as may be necessary to ensure that each contractor of Grantee will be deemed to be an independent contractor and will not be considered or permitted to be an agent, servant,joint venturer,joint enterpriser, or partner of the OOG. All persons furnished, used, retained, or hired by or on behalf of Grantee or any of Grantee's subcontractors shall be considered to be solely the employees or agents of Grantee or Grantee's subcontractors. Grantee or Grantee's subcontractors shall be responsible for ensuring that all appropriate payments are made, such as unemployment, workers' compensation, social security, any benefit available to a state employee as a state employee, and other payroll taxes for such persons, including any related assessments or contributions required by law. The OOG is not responsible for any types of claims whatsoever due to actions or performance, taken by the owners, incorporators, officers, directors, employees, volunteers of Grantee or any third parties under this Agreement, including but not limited to, the use of automobiles or other Page 12 of 32 DEAAG Agreement between the OOG& City of Corpus Christi transportation,taken by its owners,incorporators, officers, directors, employees,volunteers or any third parties. 15.2. Subcontracting.If Grantee should determine it is necessary or expedient to subcontract for any of the performances herein, Grantee understands and agrees that Grantee will be responsible to the OOG for any subcontractor's performance under this Agreement. In no event shall this Section or any other provision of this Agreement be construed as relieving Grantee of the responsibility for ensuring that performance under this Agreement, and any subcontracts thereto, is rendered in compliance with all the terms of this Agreement. If Grantee uses a subcontractor for any or all of the work required,the following conditions will apply: (1)Grantee,in subcontracting for any performances specified herein, expressly understands and agrees that subcontracting will be solely at Grantee's expense and the OOG shall not be liable in any manner to Grantee's subcontractor(s); (2) Grantee will be the sole contact for the OOG; and (3) Pursuant to Chapter 2251 of the Texas Government Code, Grantee will make any payments owed to subcontractors within ten calendar days after Grantee's receipt of funds from the OOG. 15.3. No Assignment. This Agreement is not assignable by Grantee. Notwithstanding any attempt to assign the Agreement, Grantee shall remain fully liable on this Agreement and shall not be released from performing any of the terms, covenants, and conditions herein. Grantee shall be held responsible for all funds received under this Agreement. 15.4. Records Retention. Records shall be maintained and made available to the OOG or its authorized representatives upon request during the entire performance period of this Agreement and until four years from date of final payment by the OOG for the services provided under this Agreement. In addition,those records relating to any dispute,litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken, shall be maintained and made available to the OOG or its designee until completion of such action and resolution of all issues which arise from it, or until the end of the aforementioned three year period, whichever is later. Failure to provide reasonable access to authorized OOG representatives shall give the OOG the right to terminate this Agreement pursuant to Section 16 of this Agreement for reason of default. 15.5. Right to Audit. Grantee will cooperate fully in any review conducted by the OOG or its authorized representatives related to services provided under this Agreement. The OOG has the authority to monitor,inspect, assess, and review the fiscal and contractual performance of Grantee with respect to the Agreement, including all information related to any services provided under this Agreement or billed to the OOG. Grantee will remedy in a timely manner, any weaknesses, deficiencies, Agreement noncompliance, or audit exceptions found as a result of a review by the OOG or its authorized representatives. Such remedy can include a refund or offset of Agreement payments or any other appropriate actions deemed necessary by the OOG. Acceptance of funds under this Agreement acts as acceptance of the authority of the State Auditor's Office to audit or investigate the expenditure of funds under this Agreement or any subcontract. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. Page 13 of 32 DEAAG Agreement between the OOG & City of Corpus Christi 15.6. State Auditor. In addition to and without limitation on other audit provisions of this Agreement, pursuant to Section 2262.154 of the Texas Government Code, the State Auditor's Office or successor agency may conduct an audit or investigation of Grantee or any other entity or person receiving funds from the State of Texas directly under this Agreement or indirectly through a subcontract under this Agreement. The acceptance of funds by Grantee or any other entity or person directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor's Office, under the direction of the Legislative Audit Committee, to conduct an audit or investigation in connection with those funds. Under the direction of the Legislative Audit Committee, Grantee or another entity that is the subject of an audit or investigation by the State Auditor's Office shall provide the State Auditor's Office with prompt access to any information the State Auditor's Office considers relevant to the investigation or audit. Grantee further agrees to cooperate fully with the State Auditor's Office in the conduct of the audit or investigation, including providing all records requested. Grantee shall ensure that this paragraph concerning the authority to audit funds received indirectly by subcontractors through Grantee and the requirement to cooperate is included in any subcontract Grantee awards. The State Auditor's Office shall at any time have access to and the right to examine, audit, excerpt, and transcribe any pertinent books, documents, working papers, and records of Grantee related to this Agreement. This Agreement may be amended unilaterally by the OOG to comply with any rules and procedures of the State Auditor's Office in the implementation and enforcement Section 2262.154 of the Texas Government Code. 15.7. Texas Public Information Act. Grantee acknowledges that the State of Texas, the OOG, and this Agreement are subject to the Texas Public Information Act, Chapter 552 of the Texas Government Code (the "PIA"), and Grantee acknowledges that the OOG will comply with the PIA. Grantee acknowledges that information created or exchanged in connection with this Agreement is subject to the PIA, and Grantee agrees that information not otherwise excepted from disclosure under the PIA, will be available in a format that is accessible by the public at no additional charge to the OOG or State of Texas.Grantee will cooperate with the OOG in the production of documents or information responsive to a request for information. Information provided by or on behalf of Grantee under, pursuant to, or in connection with this Agreement that Grantee considers proprietary, financial, or trade secret information (collectively "Confidential Information") shall be designated as such when it is provided to the OOG or State of Texas or any other entity in accordance with this Agreement. Merely making a blanket claim that all documents are protected from disclosure will not render the whole of the information confidential. Any information not clearly identified as proprietary or confidential is subject to release in accordance with the PIA. The OOG agrees to notify Grantee in writing within a reasonable time from receipt of a request for information covering Grantee's Confidential Information. The OOG will determine whether to submit a request for an Open Records Letter Ruling to the Attorney General. Page 14 of 32 DEAAG Agreement between the OOG & City of Corpus Christi Grantee agrees to maintain the confidentiality of confidential information received from the OOG or State of Texas during the performance of this Agreement, including information that discloses confidential personal information particularly, but not limited to, personally identifying information,personal financial information, and social security numbers. Grantee agrees that if any of Grantee's agents receives any third-party request for the disclosure of information relating to this Agreement,Grantee shall notify the OOG of any such request within three business days after receipt of the request. 15.8. Media Releases or Pronouncements.Grantee understands that the OOG does not endorse any vendor, commodity, good, or service. Grantee, Grantee's employees, representatives, subcontractors, or other agents may not issue any media release, advertisement, publication, or public pronouncement which pertains to this Agreement or the services or Grant Project to which this Agreement relates, or which mentions the OOG, without the prior written approval of the OOG. 15.9. Indemnification. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM ANY CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING, WITHOUT LIMITATION, ALL RELATED COSTS, ATTORNEY'S FEES AND EXPENSES ARISING OUT OF,OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ANY OF GRANTEE'S AGENTS, EMPLOYEES, SUBCONTRACTORS, OR SUPPLIERS IN THE EXECUTION OR PERFORMANCE OF THIS AGREEMENT. GRANTEE SHALL COORDINATE GRANTEE'S DEFENSE WITH THE TEXAS ATTORNEY GENERAL AS REQUESTED BY THE OOG. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE OOG FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE OOG OR ITS EMPLOYEES. 15.10. Intellectual Property. TO THE EXTENT ALLOWED BY LAW, GRANTEE SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS THE STATE OF TEXAS, THE OOG, AND/OR THEIR EMPLOYEES, AGENTS, OFFICERS, REPRESENTATIVES, CONTRACTORS, AND/OR DESIGNEES FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS, MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY, PUBLICITY, OR PRIVACY RIGHTS, AND/OR IN CONNECTION WITH OR ARISING FROM: (1) THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; (2) ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE, OR OTHER SERVICE Page 15 of 32 DEAAG Agreement between the OOG& City of Corpus Christi PROVIDED HEREUNDER;AND/OR(3)THE OOG'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO THE OOG BY GRANTEE OR OTHERWISE TO WHICH THE OOG HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. GRANTEE AND THE OOG AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY SUCH CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. THE DEFENSE SHALL BE COORDINATED BY GRANTEE WITH THE OFFICE OF THE TEXAS ATTORNEY GENERAL ("OAG") WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT, AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OAG. IN ADDITION, GRANTEE WILL REIMBURSE THE OOG AND THE STATE OF TEXAS FOR ANY CLAIMS, DAMAGES, COSTS, EXPENSES, OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO, ATTORNEYS' FEES AND COURT COSTS ARISING FROM ANY SUCH CLAIM. IF THE OOG DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE, OR IF THE OOG IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, THE OOG WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE WILL PAY ALL REASONABLE COSTS OF THE OOG'S COUNSEL. 15.11. Taxes/Workers' Compensation/Unemployment Insurance. GRANTEE IS FULLY RESPONSIBLE FOR GRANTEE'S OWN FEDERAL, STATE, AND LOCAL TAXES. GRANTEE AGREES AND ACKNOWLEDGES THAT DURING THE EXISTENCE OF THIS AGREEMENT, GRANTEE SHALL BE ENTIRELY RESPONSIBLE FOR THE LIABILITY AND PAYMENT OF GRANTEE'S AND GRANTEE'S EMPLOYEES' TAXES OF WHATEVER KIND, ARISING OUT OF THE PERFORMANCES IN THIS AGREEMENT. GRANTEE AGREES TO COMPLY WITH ALL STATE AND FEDERAL LAWS APPLICABLE TO ANY SUCH PERSONS, INCLUDING LAWS REGARDING WAGES, TAXES, INSURANCE, AND WORKERS' COMPENSATION. THE OOG AND/OR THE STATE OF TEXAS SHALL NOT BE LIABLE TO GRANTEE,GRANTEE'S EMPLOYEES,AGENTS,OR OTHERS FOR THE PAYMENT OF TAXES OR THE PROVISION OF UNEMPLOYMENT INSURANCE AND/OR WORKERS'COMPENSATION OR ANY BENEFIT AVAILABLE TO A STATE EMPLOYEE OR EMPLOYEE OF THE OOG. 15.12. Tax Identification Information Required. As a prerequisite to the OOG's ability to process any payments to Grantee under this Agreement, Grantee shall provide the OOG with required tax and payee identification information in the form of a completed "Application for Texas Identification Number" (available on the Comptroller of Public Accounts' website at hM2s://e r�gov.texas.s4ov/FileDirectoiy/Tx PUee_IdentForm_AP-152.pdf). If Grantee has previously completed the required documentation to obtain a Texas Identification Number (TIN) prior to the Effective Date of this Agreement, Grantee may satisfy this requirement by providing the OOG with Grantee's current TIN, name, and address to permit the OOG to verify registration in the TIN System with the Texas Comptroller of Public Accounts. Page 16 of 32 DEAAG Agreement between the OOG& City of Corpus Christi 15.13. Insurance.Unless otherwise noted in this Agreement, and to the extent that Grantee does not have or maintain insurance or does not have or maintain sufficient insurance, Grantee acknowledges and agrees that Grantee will be solely responsible for any losses or damages related to or caused by Grantee's performing Grantee's duties and obligations under this Agreement. The OOG will have no obligation to reimburse or otherwise pay Grantee for any costs incurred related to any such losses or damages. 15.14. Fraud,Waste, and Abuse. Grantee understands that the OOG does not tolerate any type of fraud, waste, or misuse of funds received from the OOG. The OOG's policy is to promote consistent, legal, and ethical organizational behavior, by assigning responsibilities and providing guidelines to enforce controls.Any violations of law,OOG policies,or standards of ethical conduct will be investigated, and appropriate actions will be taken. In the event Grantee becomes aware of any allegation or a finding of fraud,waste, or misuse of funds received from the OOG that is made against Grantee, Grantee is required to immediately notify the OOG of said allegation or finding. Grantee is also obliged to inform the OOG of the status of any on-going investigations regarding allegations of fraud, waste, or abuse. Grantee is expected to report any possible fraudulent or dishonest acts, waste, or abuse to the OOG's Fraud Coordinator or Ethics Advisor at (512) 463- 1788 or in writing to: Ethics Advisor, Office of the Governor, P.O. Box 12428, Austin, Texas 78711. Grantee must also comply with Section 321.022 of the Texas Government Code, which requires that suspected fraud and unlawful conduct be reported to the State Auditor's Office. 15.15. Information Security/Privacy. Grantee shall employ and maintain appropriate information security procedures to protect against the unauthorized acquisition,use, or disclosure of any personal information under applicable laws (including Personal Identifying Information or Sensitive Personal Information as those terms are defined in Chapter 521 of the Texas Business and Commerce Code)that it receives, compiles, or creates as a result of the Agreement to ensure compliance with any agency requirements of the OOG and any applicable international, federal, state,or local laws,regulations, and ordinances.Unless required by law to disclose,Grantee agrees to maintain the confidentiality of information received from the OOG or the State of Texas during the performance of the Agreement, including, but not limited to, Sensitive Personal Information, Personally Identifying Information, personal financial information, financial account numbers, account access information, computer passwords, social security numbers or information that is confidential by law or otherwise subject to a lawful exception from disclosure. In the event of an unauthorized acquisition, use, or disclosure of the OOG's information by Grantee, its employees, representatives, subcontractors or other agents in the performance of Grantee's duties, Grantee shall: (i) immediately notify the OOG in writing; (ii) assume and comply with any applicable remedial requirements required by law; (iii) bear all costs of such compliance and remediation; and(iv)provide the OOG with information regarding the breach and the progress of any remedial efforts if requested. The obligations of Grantee under this Section will survive the Agreement and must be included in all subcontracts in which the subcontractor may have access to personal information. Grantee shall endorse the OOG's requirements and adhere to the State of Texas' and the OOG's Information Technology Security Standards. From time-to-time and on the request of the OOG, Grantee may be required to execute written information security or non-disclosure agreements as deemed necessary by the OOG to strictly comply with any applicable confidentiality or Page 17 of 32 DEAAG Agreement between the OOG & City of Corpus Christi information security requirements or applicable laws, regulations, and protective orders. Grantee is required to assess risks, ensure data integrity, and determine the level of accessibility that must be maintained. Specific activities may include, but are not limited to identification of security, privacy, legal, and other organizational requirements for recovery of institutional resources such as data, software, hardware, configurations, and licenses at the termination of the Agreement. In addition, the OOG may periodically assess Grantee's privacy and security services provisioned to providing the goods and services under the Agreement to ensure all obligations are being met and to manage and mitigate risk. To the extent applicable, if Grantee is authorized to access, transmit, use, or store data for the OOG, Grantee must meet the security controls the OOG determines are proportionate with the OOG's risk under the Agreement based on the sensitivity of the OOG's data. Upon request, Grantee must provide to the OOG evidence that Grantee meets the security controls required under the Agreement. 15.16. Saturdays,Sundays,Holidays.If the last or appointed day for the taking of any action or the expiration of any right required or granted in this Agreement is a Saturday or a Sunday or a scheduled State of Texas or national holiday, then such action may be taken, or such right may be exercised on the next succeeding business day that is not a Saturday, Sunday, or holiday. A schedule of State of Texas holidays is located at: http://www.hr.sao.texas.gov/Holiday. 15.17. Applicable Law and Venue. This Agreement is made and entered into in the State of Texas. This Agreement and all disputes arising out of or relating thereto shall be governed by the laws of the State of Texas, without regard to any otherwise applicable conflict of law rules or requirements. Venue for any Grantee-initiated action, suit, or litigation arising out of or in any way relating to this Agreement shall be commenced exclusively in the Travis County District Court or the United States District Court for the Western District of Texas, Austin Division. Venue for any OOG- initiated action, suit, or litigation arising out of or in any way relating to this Agreement may be commenced in a Texas state district court or a United States District Court selected by the OOG in its sole discretion. Grantee hereby irrevocably and unconditionally consents to the exclusive jurisdiction of the courts referenced above for the purpose of prosecuting and/or defending such litigation. Grantee hereby waives and agrees not to assert as a defense, or otherwise, in any suit, action or proceeding, any claim that Grantee is not subject to the jurisdiction of the above-named courts; the suit, action or litigation is brought in an inconvenient forum; or the venue is otherwise improper. 15.18. No Waiver of Sovereign Immunity.The OOG is immune from suit and from liability.No part of this Agreement, nor the conduct or statement any person, will be construed as a waiver of the doctrines of sovereign immunity and official immunity, or of any of the privileges, rights, defenses, remedies, or immunities available to the OOG or the State of Texas, and their officers, employees, or agents as provided by law. Page 18 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 16. TERMINATION. 16.1. Convenience. The OOG may, at its sole discretion, terminate this Agreement without recourse, liability, or penalty, against the OOG,upon thirty calendar days' notice to Grantee. 16.2. Cause; Default. If Grantee fails to provide the agreed upon services according to the provisions of this Agreement or fails to comply with any of the terms or conditions of this Agreement,the OOG may,upon written notice of default to Grantee, immediately terminate all or any part of this Agreement. Termination is not an exclusive remedy but is in addition to any other rights and remedies provided in equity, by law, or under this Agreement. 16.3. Rights upon Termination or Expiration. If the Agreement is terminated for any reason, or upon its expiration, the OOG shall be obligated to pay Grantee only for actual, reasonable, and allowable costs incurred up to the Effective Date of termination. Termination is not an exclusive remedy but will be in addition to any other rights and remedies as provided in equity, by law or under the Agreement. The OOG is not liable to Grantee or to Grantee's creditors for any costs incurred after receipt of a Notice to Terminate or any unacceptable or disallowed costs as determined by the OOG. 16.4. Liability after Termination. Notwithstanding any exercise by the OOG of its right of early termination pursuant to this Section, Grantee shall not be relieved of any liability to the OOG for damages due to the OOG by virtue of any breach of this Agreement by Grantee. The OOG may withhold payments to Grantee until such time as the exact amount of damages due to the OOG from Grantee is agreed upon or is otherwise determined. 16.5. Refunds of Overpayment. Grantee shall refund to the OOG any sum of money paid to Grantee by the OOG, which the OOG determines is an overpayment to Grantee, or in the event the OOG determines funds spent by Grantee were not an allowable cost of this Grant Project. No refund payments may be made from local, state, or federal grant funds unless statute or regulation specifically permits repayment with grant funds. Such refund shall be made by Grantee to the OOG within thirty calendar days after such refund is requested in writing by the OOG, or within thirty calendar days after a notice from the OOG indicating the request is the result of a final determination that the refund is owed. 16.6. Failure to Comply with Agreement. In the event Grantee fails to comply with any provision of this Agreement, Grantee may be liable for damages and barred from applying for or receiving additional funding under the DEAAG program until repayment is made and any other compliance or audit findings are resolved, or any issue of non-compliance is cured to the satisfaction of the OOG. SECTION 17. AVAILABILITY OF FUNDS. Grantee understands and agrees that funding for the grant is subject to the actual receipt by the OOG of funds appropriated to the OOG or otherwise available from federal funding sources. Grantee agrees that any funds received from the OOG are limited by the term of each state biennium and by specific appropriation authority to and the spending authority of the OOG for the purpose of the Agreement. Grantee agrees that notwithstanding any other provision of the Agreement, if the OOG is not appropriated the funds Page 19 of 32 DEAAG Agreement between the OOG& City of Corpus Christi or if the OOG does not receive the appropriated funds, or if the funds appropriated to the OOG are required to be reallocated to fund other state programs or purposes,then the OOG may reduce the Maximum Amount of Grant or terminate the Agreement without cost or penalty. SECTION 18. MONITORING. The OOG or its designee may perform periodic on-site monitoring of Grantee's compliance with the terms and conditions of this Agreement and of the adequacy and timeliness of Grantee's performance. After each monitoring visit, the OOG will provide Grantee with a written report of the monitor's findings. If the monitoring report notes deficiencies in Grantee's performances under the terms of this Agreement, the monitoring report shall include requirements for the timely correction of such deficiencies by Grantee. Failure by Grantee to take action specified in the monitoring report may be cause for termination of this Agreement in accordance with Section 16 of this Agreement. SECTION 19. CONFLICT OF INTEREST. 19.1. No Conflicts of Interest. Grantee shall ensure that no employee, officer, or agent of Grantee shall participate in the selection, award, or administration of a subcontract supported by funds provided hereunder if a conflict of interest,real or apparent,would be involved. Such conflict of interest would arise when: (1) the employee, officer, or agent; (2) any member of his or her immediate family; (3) his or her partner; or (4) any organization which employs, or is about to employ any of the above, has a financial or other interest in the firm or person selected to perform the subcontract. Grantee shall comply with Chapter 171 of the Texas Local Government Code. Grantee represents and warrants that performance under this Agreement will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. Further, Grantee represents and warrants that in the administration of the grant, it will comply with all conflict-of-interest prohibitions and disclosure requirements required by applicable law,rules, and policies, including Chapter 176 of the Texas Local Government Code. If circumstances change during the Agreement, Grantee shall promptly notify the OOG. 19.2. No Inside Information. No employee, agent, consultant, officer, or elected or appointed official, of either Grantee or of a subcontractor, who exercises or has exercised any functions or responsibilities or is in a position to participate in decision-making or gain inside information in regard to the activities involved in the Grant Project, shall be permitted to have or obtain a financial interest in or benefit from the Grant Project or any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties. SECTION 20. REGULATORY AND LEGAL ACTIONS AND CLAIMS. 20.1. No Pending or Threatened Actions Impairing Performance. Grantee represents and warrants that Grantee is not aware of and has received no notice of any court or governmental agency actions,proceedings or investigations, etc., (collectively "actions"), pending or threatened against Grantee within the five calendar years immediately preceding the Effective Date of this Agreement that would or could impair Grantee's performance under this Agreement. In addition, Grantee shall notify the OOG in writing within five business days of any changes to the Page 20 of 32 DEAAG Agreement between the OOG& City of Corpus Christi representations or warranties in this clause or of any actions that Grantee may become aware of and receives notice of on or after the Effective Date of this Agreement. Grantee agrees that failure to so timely update the OOG of actions shall constitute breach of this Agreement and may result in immediate termination of this Agreement. 20.2. Notice of Actions Arising Out of Performance of Agreement. Grantee shall give the OOG immediate notice in writing of any action,including any proceeding before an administrative agency, filed against Grantee arising out the performance of this Agreement. Except as otherwise directed by the OOG, Grantee shall immediately furnish to the OOG copies of all pertinent papers received by Grantee with respect to such action or claim. Grantee shall notify the OOG of any legal action filed against Grantee or any subcontractor, or of any proceeding filed under the federal bankruptcy code. Grantee shall submit a copy of such notice to the OOG within thirty calendar days after receipt. No funds provided under this Agreement may be used in the payment of any costs incurred as the result of any claims,judgments, fines, or settlements. 20.3. Governmental Units of the State of Texas.The OOG and Grantee acknowledge that they are governmental units of the State of Texas and are subject to, and shall comply with, the applicable provisions of the Texas Tort Claims Act, as set out in Chapter 101 of the Texas Civil Practice and Remedies Code. 20.4. No Liability.Grantee acknowledges that the OOG,the State of Texas,and their employees and officials shall not be held liable for any claims or causes of action whatsoever which may occur while performing the services described in this Agreement, or from the award, cancellation, or withdrawal of this Grant. SECTION 21. NOTICE OF MATERIAL EVENTS. Grantee shall furnish to the OOG prompt written notice upon becoming aware or having knowledge of the occurrence of any event or development that has, or would reasonably be expected to have, a material adverse effect on the completion of the Grant Project. Grantee shall inform the OOG in writing on or before the tenth business day after Grantee learns of the existence of such an event. SECTION 22. FORCE MAJEURE.Neither party shall be liable to the other for any delay in,or failure of performance of, any requirement included in this Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, which by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing, with proof of receipt, within ten business days after the existence of such force majeure, or otherwise waive this right as a defense. Page 21 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 23. DISPUTE RESOLUTION. 23.1. Informal Meetings. The parties' representatives shall meet as needed to implement the terms of this Agreement and shall make a good faith attempt to informally resolve any disputes. The Parties agree to make a good faith effort to identify,communicate, and resolve problems found by either the OOG or Grantee. 23.2. Grantee's Continued Performance. Grantee shall not be excused from performance during any pending dispute, unless approved in writing by the OOG. SECTION 24. CHANGES AND AMENDMENTS. 24.1. Alterations,Additions,Deletions. Any alterations, additions, or deletions to the terms of this Agreement shall be by a written amendment executed by both parties. 24.2. Policy Directives.During the term of this Agreement,the OOG may issue policy directives to establish, interpret, or clarify requirements under this Agreement. Policy directives from the OOG shall be binding upon Grantee. SECTION 25. SEVERABILITY. In the event any one or more of the parts or provisions contained in this Agreement shall for any reason be held to be invalid,illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other parts or provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable parts or provisions had never been contained herein. SECTION 26. ENTIRE AGREEMENT. This Agreement is intended as a full and complete expression of and constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and all prior and contemporaneous understandings, agreements, promises, representations, terms and conditions, both oral and written, are superseded and replaced by this Agreement. SECTION 27. CONSTRUCTION. The language in all parts of this Agreement shall be construed, in all cases, according to its fair meaning. The parties acknowledge that each parry and its counsel have reviewed this Agreement and that any rule of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement. Any vague, ambiguous,or conflicting terms shall be interpreted and construed in such a manner as to accomplish the purpose of the Agreement. SECTION 28. HEADINGS.The headings of the sections and subsections of this Agreement are inserted for convenience only and shall not be deemed to constitute a part hereof. SECTION 29. SURVIVAL OF CERTAIN PROVISIONS. Notwithstanding any expiration, termination, or cancellation of this Agreement, the rights and obligations pertaining to repayment of grant funds or damages, limitation of liability, indemnification, public information, reporting requirements, retention and accessibility of records, audit rights, rights upon termination, and any other provision implying survivability shall remain in effect after this Agreement ends. Page 22 of 32 DEAAG Agreement between the OOG& City of Corpus Christi SECTION 30. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. SECTION 31. NO FALSE STATEMENTS. By signature to this Agreement, Grantee makes all the representations, warranties, guarantees, certifications and affirmations included in this Agreement.If Grantee signs this Agreement with a false statement or it is subsequently determined that Grantee has violated any of the representations, warranties, guarantees, certifications or affirmations included in this Agreement, Grantee shall be in default under this Agreement and the OOG may terminate or void this Agreement for cause, seek repayment for amounts distributed, and pursue other remedies available to the OOG under this Agreement and applicable law. IN TESTIMONY HEREOF, Grantee and the OOG have executed this Defense Economic Adjustment Assistance Grant Agreement, effective as of the date of the last signature below. OFFICE OF THE GOVERNOR CITY OF CORPUS CHRISTI Chief of Staff or Designee Peter Zanoni City Manager City of Corpus Christi Date Date Page 23 of 32 DEAAG Agreement between the OOG& City of Corpus Christi EXHIBIT A. GRANT BUDGET CITY OF CORPUS CHRISTI DEAAG 2025-01-04 $988,567.12 Budget. Subject to the limitations within this Agreement, the OOG will reimburse Grantee for actual and allowable allocable costs paid according to the following amounts and budget categories: Budget Category Infrastructure—Purchase of property Infrastructure—Professional& Consultant Services $220,991.16 Infrastructure—New Construction Infrastructure—Rehabilitation and Renovation $767,575.96 Infrastructure—Capital Equipment) Infrastructure—Capital Supplies3 Infrastructure—Facilities Insurance Training Equipmene Training Supplies Total $988,567.12 'Per the TxGMS,"Equipment"'means an article of nonexpendable,tangible personal property having a useful life of more than one year and a per-unit acquisition cost of$5,000 or more. 2 Id. s Per the TxGMS,items of equipment with a per unit acquisition cost of less than$5,000 are considered to be supplies. Page 24 of 32 EXHIBIT B. GRANT NARRATIVE CITY OF CORPUS CHRISTI DEAAG 2025-01-04 UNLESS OTHERWISE LIMITED, DEEMED INAPPROPRIATE BY SPECIAL CONDITIONS OR ALTERED BY APPROVED BUDGET ADJUSTMENTS/BUDGET MODIFICATIONS, the following narrative provided by Grantee in Grantee's October 9, 2024 grant application applies to this Agreement: The City of Corpus Christi requests $988,567.12 to assist Corpus Christi Naval Air Station(NAS) in partially funding the removal and replacement of two aging and deteriorating pumps and motors within wastewater Lift Station#288 and the installation of a diesel-powered emergency generator for Lift Station 288. Page 25 of 32 EXHIBIT C. UNIFORM STATE GRANT ASSURANCES Grantee must assure and certify compliance with all applicable federal and state statutes, regulations, policies, guidelines and requirements, including, but not limited to, the Texas Grant Management Standards (TxGMS); and Title 1,Part 1, Chapter 4 of the Texas Administrative Code, that govern the application,acceptance and use offederal and state funds for this project. In instances where multiple requirements apply to a Grantee, the more restrictive requirement applies. By accepting the grant award, Grantee certifies and assures that Grantee complies and will continue to comply with the following: 1. Grantee possesses legal authority to apply for the grant.A resolution,motion or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application,including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative, or their designee of the organization to act in connection with the application and to provide such additional information as may be required. State agencies are not required to adopt a resolution. 2. Grantee will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person.This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years,or such other period stipulated by local law,prior to the election or appointment of the officer,employee,or governing body member related to such person in the prohibited degree. 3. Grantee will ensure that all information collected,assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code,unless otherwise expressly prohibited by law. 4. Grantee will comply with Chapter 551 of the Texas Government Code,which requires all regular, special or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. 5. Grantee will comply with Section 231.006 of the Texas Family Code,which prohibits payments to a person who is in arrears on child support payments.Further,Grantee will include the following clause in the award documents for every subcontract and must require subcontractors to certify accordingly:"Under Section 231.006 of the Texas Family Code, the vendor or applicant certifies that the individual or business entity named in this Agreement,bid or application is not ineligible to receive the specified grant,loan,or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate.An application for a grant paid from state funds must include the name and social security number of the individual or sole proprietor and each partner,shareholder,or owner with an ownership interest of at least 25 percent of the business entity submitting the bid or application." 6. Grantee will comply with Section 26 1.101 of the Texas Family Code,which requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services.Grantee will also ensure that all program personnel are properly trained and aware of this requirement. 7. Grantee will maintain oversight to ensure that contractors perform in accordance with the terms, conditions, and specifications of their contracts or purchase orders. s. Grantee will comply with Section 2054.5191 of the Texas Government Code relating to the cybersecurity training program for local government employees who have access to a local government computer system or database. 9. Grantee will comply with Section 2252.906 of the Texas Government Code relating to disclosure protections for certain charitable organizations,charitable trusts,and private foundations. 10. Grantee's receipt of appropriated or other funds under the Agreement are not prohibited by Sections 403.1067 or 556.0055 of the Texas Government Code,which restrict lobbying expenditures. 11. No health and human services agency or public safety or law enforcement agency may contract with or issue a license, certificate or permit to the owner,operator or administrator of a facility if the license,permit or certificate has been revoked by another health and human services agency or public safety or law enforcement agency. 12. If Grantee is a law enforcement agency regulated by Chapter 1701 of the Texas Occupations Code,Grantee will be in compliance with all rules adopted by the Texas Commission on Law Enforcement ("TCOLE"), unless TCOLE certifies that Grantee is in the process of achieving compliance with such rules. 13. When incorporated into a grant award or contract, standard assurances contained in the application package become terms or conditions for receipt of grant funds. Administering state agencies and local grantees shall maintain an appropriate contract administration system to ensure that all terms,conditions,and specifications are met Page 26 of 32 14. Grantee will comply with all federal statutes relating to nondiscrimination.These include but are not limited to: (a)Title VI of the Civil Rights Act of 1964(P.L.88-352)which prohibits discrimination on the basis of race,color or national origin;(b)Title IX of the Education Amendments of 1972,as amended(20 U.S.C. §§ 1681-1683,and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended(29 U.S.C.§794),which prohibits discrimination on the basis of disabilities;(d)Americans With Disabilities Act of 1990, which prohibits discrimination on the basis of disabilities; (e)the Age Discrimination Act of 1974, as amended(42 U.S.C. §§6101-6107),which prohibits discrimination on the basis of age;(f)the Drug Abuse Office and Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse;(g)the Comprehensive Alcohol Abuse and Alcoholism Prevention,Treatment and Rehabilitation Act of 1970(P.L.91-616), as amended,relating to the nondiscrimination on the basis of alcohol abuse or alcoholism;(h)§§ 523 and 527 of the Public Health Service Act of 1912(42 U.S.C.290 dd-3 and 290 ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(i)Title VIII of the Civil Rights Act of 1968(42 U.S.C. §3601 et seq.),as amended, relating to nondiscrimination in the sale,rental or financing of housing;0)any other nondiscrimination provisions in the specific statute(s)under which application for Federal assistance is being made;and(k)the requirements of any other nondiscrimination statute(s)which may apply to the application. 15. Grantee will comply,as applicable,with the provisions of the Davis-Bacon Act(40 U.S.C. § § 276a to 276a-7),the Copeland Act(40 U.S.C.§ §276c and 18 U.S.C.§ §874),and the Contract Work Hours and Safety Standards Act(40 U.S.C. § §327-333),regarding labor standards for federally assisted construction sub-agreements. 16. Grantee will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970(P.L.91-646)which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs.These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 17. Grantee will comply with the provisions of the Hatch Political Activity Act(5 U.S.C. § 7321-29) which limit the political activity of employees whose principal employment activities are funded in whole or in part with Federal funds. 18. Grantee will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970,as applicable. 19. Grantee will ensure that the facilities under Grantee's ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protections Agency's (EPA) list of Violating Facilities and that Grantee will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.(EO 11738). 20. Grantee will comply with the flood insurance purchase requirements of 102(a)of the Flood Disaster Protection Act of 1973, Public Law 93-234. Section 102(a) requires the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition proposed for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. 21. Grantee will comply with environmental standards which may be prescribed pursuant to the following:(a)institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190) and Executive Order(EO) 11514;(b)notification of violating facilities pursuant to EO 11738;(c)protection of wetlands pursuant to EO 11990;(d)evaluation of flood hazards in floodplains in accordance with EO 11988;(e)assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972(16 U.S.C. §§ 1451 et seq.);(f)conformity of federal actions to State (Clean Air)Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. § 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended(P.L. 93-523);and (h)protection of endangered species under the Endangered Species Act of 1973,as amended,(P.L.93-205). 22. Grantee will comply with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. §§ 1271 et seq.)related to protecting components or potential components of the national wild and scenic rivers system. 23. Grantee will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974(16 U.S.C.469a-1 et seq.). 24. Grantee will comply with the Laboratory Animal Welfare Act of 1966(P.L. 89-544, as amended, 7 U.S.C. 2131 et seq.)pertaining to the care,handling, and treatment of warm-blooded animals held for research, teaching, or other activities supported by this award of assistance. 25. Grantee will comply with the Lead-Based Paint Poisoning Prevention Act(42 U.S.C. §§4801 et seq.)which prohibits the use of lead-based paint in construction or rehabilitation of residential structures. Page 27 of 32 26. Grantee will ensure it has adopted and implemented applicable provisions of the model HIV/AIDS workplace guidelines of the Texas Department of State Health Services as required by the Texas Health and Safety Code, Sec. 85.001,et seq. 27. Grantee will comply with Public Law 103-277,also known as the Pro-Children Act of 1994,which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Pro-Children Act of 1994. 28. Grantee will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 29. Grantee will comply with all applicable requirements of all other federal and state laws,executive orders,regulations and policies governing this program. 30. Grantee and its principals are not, nor will be, suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts or the System forAward Management(SAM)maintained by the General Services Administration. 31. Grantee acknowledges and understands the dispute resolution process provided in Chapter 2009 of the Texas Government Code is available to the parties to resolve any dispute arising under the agreement. 32. Grantee will submit timely, complete, and accurate reports in accordance with the grant and maintain appropriate backup documentation to support the reports. Page 28 of 32 EXHIBIT D. QUARTERLY PROJECT STATUS REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-04 Summary of Expenditures: Quarter Expenditure (Report Period $ Amount) Description Percentage of Grant Project Completed: Brief Narrative Explaining Expenditures: Grant Project Status: Signature of Grantee's Authorized Representative Date Print Name Title Page 29 of 32 EXHIBIT E. PROJECT COMPLETION REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-04 Percent Completed: GRANTEE has successfully completed, and in a satisfactory manner, the GRANT PROJECT. The purpose of the grant was to [GRANT PURPOSE]. The total cost for the Grant Project is as follows: • Grant Project Total $ • Total $ The following is a brief Grant Project scope summary: This is to certify that an inspection of 100% of the completed Grant Project described below was conducted on the day of , 20_. Contracts were entered into for GRANT PROJECT between GRANTEE and the following subcontractors: [SUBCONTRACTORS.] This is to further certify that all Equipment included as part of the grant budget has been purchased with the specified grant purpose, timeline, budget, and all addenda, change orders, and supplemental agreements thereto. Signature of Grantee's Authorized Representative Date Print Name Title Page 30 of 32 EXHIBIT F. DEAAG PROJECT IMPACT REPORT CITY OF CORPUS CHRISTI DEAAG 2025-01-04 Project Name: Grantee Name: Address: Telephone: Fax: Contact Person: E-mail: Time Period Covered by Report: to Grant Project Performance Measures: • Create, retain, or train jobs by the completion of the Grant Project • Grant Project Description: • Grant Project Address: Jobs Created Time Period Active Full Time Jobs Created,Retained or Students Trained EX. 01/12 — 03/12 Total Page 31 of 32 Breakdown of Jobs Created Job Type Jobs Created or Retained Total Jobs Created to This Reporting Period Date Direct Permanent Jobs Indirect Permanent Jobs Individuals Trained Total Businesses assisted or created this period: Businesses assisted or created to date: Grant Project Financial Impact • Narrative summary of Impact: • Update on current Grant Project Status (include curriculum updates): THE SIGNATURE BELOW CERTIFIES THAT THE INFORMATION SUBMITTED IN THIS REPORT IS TRUE AND CORRECT TO THE BEST KNOWLEDGE OF GRANTEE. Signature of Grantee's Authorized Representative Date Print Name Title Page 32 of 32 Acceptance of Two 2025 Texas Defense Economic Adjustment Assistance Grant (DEAAG) in the amount for $988,567.12 for the Lift Station Modernization for NAS-CC and $330,000 for Condensate Return Station Replacement for CCAD. Authorizing the purchase of 15 45 GPM condensate return stations for $330,000. Ryan Skrobarczyk Director, Intergovernmental Relations March 18, 2025 DEAAG Overview • On October 31 , 2023, the Council approved the application for two grants from the DEAAG Program offered to Texas Military Installations by the Texas Military Preparedness Commission on behalf of Naval Air Station Corpus Christi (NAS-CC) and the Corpus Christi Army Depot (CCAD). • On January 4, 2025, the City received notice that both grants had been awarded. NAS-CC was awarded $988,567.12 for the wastewater lift station modernization, and $330,000 was awarded to CCAD for new condensate return stations. • NAS-CC and the Corpus Christi Army Depot (CCAD) employ almost 11 ,000 people and financially contribute over $4.7 billion to the Corpus Christi economy. These projects were identified by NAS-CC and CCAD as priorities to sustain their mission. • Projects will begin once the gift acceptance process is complete. We hope to start in August 2025 and finish in January 2027. NAS-CC Project Installing a new wastewater lift station with backup n� generator at Lift Station #288. This Lift Station is the `` + primary distributor of - wastewater from CCAD. It is currently working at half capacity. Installing a new liftf station ensures compliance ya with state and federal w regulations, reduces costs, W!� and increases resiliency. 3 NAS-CC Project Cost PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 988,567.12 44% Federal (Navy) $ 988,567.12 44% CITY OF CORPUS CHRISTI $ 269,609.22 12% The City's portion covers engineering of the project and project management. CCAD Project • Acquisition and delivery of 15 45 MGD condensate return stations. • These complement the single 90 MGD CRS stations secured by CCAD. CONOfNSAifAEIURN _a;_�,:' CCAD Project Costs PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $330,000 48.5% Federal $311,300 45.7% CITY OF CORPUS CHRISTI $39,600 5.8% The City's portion of the cost is to cover procurement and grant management. -��.... �� '� � ,� }, ! •,. f '�i5 4i 5 11 I� � i�.� I i i .=��., d� � - �i-- s se GO � O� A H AGENDA MEMORANDUM 'NCOHPOP First Reading for the City Council Meeting of March 18, 2025 1852 Second Reading for the City Council Meeting of March 25, 2025 DATE: March 4, 2025 TO: Peter Zanoni, City Manager FROM: Arturo Marquez, CEcD, Ms. Econ Arturom3�cctexas.com 361-826-3885 University of Texas at Austin's Home to Texas Program CAPTION: Ordinance approving the Home to Texas Internship Program project between the Corpus Christi B Corporation (Type B) and the University of Texas at Austin for a job training project comprising a nine-week summer internship for Corpus Christi students enrolled at UT Austin and a contribution to a $5,000.00 scholarship upon completion of the job training internship; appropriating $12,500.00 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. SUMMARY: This ordinance approves the Home to Texas Internship Program project between the Type B Board and the University of Texas at Austin to support a nine-week summer internship for local Corpus Christi students enrolled at UT Austin. The ordinance appropriates $12,500.00 from the Type B Economic Development Fund; and amends the FY 2024-25 budget accordingly. BACKGROUND AND FINDINGS: The Home to Texas program, led by the University of Texas at Austin, is a scholarship- funded summer initiative designed to connect first-year UT Austin students with their hometown communities through internships and research experiences. The program provides students with professional development opportunities while encouraging them to explore local career prospects, fostering long-term community engagement and talent retention. This internship is exclusively available to UT Austin students who are originally from Corpus Christi. Only students currently enrolled at UT Austin are eligible to apply, ensuring the program directly benefits local talent studying at the university. This program differs from internship opportunities at Texas A&M University-Corpus Christi and Del Mar College, which offer similar initiatives but are open to a broader pool of students. Home to Texas specifically aims to re-engage UT Austin students with their hometown community, reinforcing local workforce connections. Each student selected for the program participates in a full-time, nine-week internship with a local employer and conducts research on community challenges and opportunities. Students also enroll in a summer research and professional skills course and attend an end-of-program community event. Funding for the program is structured as follows: • Each student receives a $5,000 scholarship upon completing their internship. UT Austin contributes $2,500 per student, and the remaining $2,500 per student will be funded through Type B Economic Development. • With an anticipated five students participating in the program in Corpus Christi, the requested funding total is $12,500 from Type B Economic Development Fund. During the 2-10-25 Type B Meeting, the board held a public hearing and approved a motion authorizing an agreement in the amount not to exceed $12,500.00 for the University of Texas at Austin's Home to Texas Program. The Home to Texas program aligns with the City's economic development goals by fostering local workforce development, reversing talent emigration, and strengthening connections between students and the Corpus Christi business community. ALTERNATIVES: Council may choose to fund a lesser amount or decline funding for the proposed program. FISCAL IMPACT: The financial impact is an amount not to exceed $12,500.00 from the Type B Economic Development fund. Funding Detail: Fund: 1146 -Type B Economic Development Organization/Activity: 15020 -Small Business Projects Mission Element: 57 Project # (CIP Only): N/A Account: 530000 -Professional Services RECOMMENDATION: Staff recommends to approval of the University of Austin's Home to Texas Program agreement in an amount not to exceed $12,500.00 to be funded by the Corpus Christi B Corporation in FY 2025. LIST OF SUPPORTING DOCUMENTS: Ordinance PowerPoint Presentation Ordinance approving the Home to Texas Internship Program project between the Corpus Christi B Corporation (Type B) and the University of Texas at Austin for a job training project comprising a nine-week summer internship for Corpus Christi students enrolled at UT Austin and a $5000.00 scholarship upon completion of the job training internship; appropriating $12,500.00 from the unreserved fund balance of the Corpus Christi B Corporation Economic Development fund; and amending the budget. WHEREAS, the Texas Legislature in Section 501 of the Local Government Code (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, residents of the City of Corpus Christi have authorized the adoption of a sales and use tax to be administered by a Type B Corporation at the rate of one-eighth of one percent to be imposed for 20 years; WHEREAS, the Board has determined that it is in the best interest of the residents of the City that up to $12,500.00 from the Corpus Christi B Corporation Economic Development Fund be reserved for a job training Home to Texas Program project between the Corpus Christi B Corporation and the University of Texas at Austin; comprising a nine-week summer internship job training project for Corpus Christi students enrolled at UT Austin; and awarding a $5000.00 scholarship to each student upon completion of the job training internship; WHEREAS, the Home to Texas Program will aim to re-engage UT Austin students with their hometown of Corpus Christi, reinforcing local workforce connections, job training students, and promoting education with job creation; and WHEREAS, the Home to Texas program aligns with the City's economic development goals by fostering local workforce development through job training and networking, reversing talent emigration, and strengthening connections between students and the Corpus Christi business community. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. Funds in the amount of$12,500.00 are appropriated from Type B Fund No. 1145 for the job training Home to Texas Program project between the Corpus Christi B Corporation and the University of Texas at Austin. Section 2. The FY2024-25 Operating Budget adopted by Ordinance No. 033451 is amended to increase expenditures by $12,500.00, for the Type B Fund. Section 3. The City Council approves the use of up to $12,500.00 from the Corpus Christi B Corporation Economic Development Fund for the job training Home to Texas Internship Program project between the Corpus Christi B Corporation and the University of Texas at Austin. Page 1 of 2 Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 2 of 2 OF F I C E OF r. ECONOMIC � The University of Texas at Austin DEVELOPMENT Texas Career Engagement Home To Texas Program City Council March 18, 2025 What is Home to Texas? • A scholarship-funded, 9-week summer program • Connects UT Austin students with their hometowns through internships & research -E • Encourages students to explore local career opportunities - • Supports community engagement and talent retention Benefits to Corpus Christi Retain local talent Strengthen connections Promote community Foster future leaders between students & development through who understand local local businesses internship participation values Benefits to Employers • Gain highly motivated, educated interns • Bring in fresh ideas & perspectives . e n • Advance stalled projects with extra support • Build connections with UT Austin for future recruitment Oaq 4l3��4 w O {T s Internship Experience Full-time, 9-week internship with a local employer Conduct research on community �t' challenges & opportunities ' ; �� Enroll in a UT Austin summer research & professional skills course �^ Attend an end-of-program community event Roles & Responsibilities CorpusCommunities (City of • Identify & promote internship opportunities •Assist with scholarship funding • Organize the end-of-program celebration • • • Provide a meaningful internship experience • Offer mentorship & professional development •Collaborate on student projects & research •Work a full-time internship in Corpus Christi • Conduct community-focused research • Participate in professional development coursework Proposed Partnership & Funding Model • Each student receives a $5,000 scholarship • UT Austin contributes $2,500 per student • Local stakeholders (Type B) contribute $2,500 per student • Corpus Christi anticipates 5 students participating • Total funding request: $12,500 from the Type B Economic Development Fund • During the During the 2-10-25 Type B Meeting, the board held a public hearing and approved a motion to approve an agreement in the amount not to exceed $12,500.00 for the University of Texas at Austin's Home to Texas Program. ECO N OM I C The[.Ju iuersity of Texas at Austin DEVELOPMENT Texas Career Engagement Questions? ggt3S C�% o a v HgaRpagpSgO AGENDA MEMORANDUM x852 Public Hearing/First Reading for the City Council Meeting of March 18, 2025 Second Reading for the City Council Meeting of March 25, 2025 DATE: January 24, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a-)cctexas.com (361) 826-7011 Annexation & Rezoning for Braselton Development Co. (London Towne Unit 10) CAPTION: Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. SUMMARY: Upon petition by the landowner, Braselton Development Company, Ltd., this ordinance will annex the proposed London Towne Unit 10 residential subdivision located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek. The ordinance will also rezone the property to "RS-4.5" Single-Family 4.5 District for the creation of approximately 250 single-family lots and assign the area to Council District 3. Staff recommends approval. BACKGROUND AND FINDINGS: Description of the Request Braselton Development Company, Ltd., landowner, is planning the final phase of the London Towne subdivision located on the east side of London Pirate Road north of the London ISD schools and abutting the Oso Creek. The site is outside city limits but contiguous with the current city limit line on all sides of the property, therefore, eligible for annexation. The landowners requested annexation to secure City services for their development. At the same time, the landowner requests a rezoning to "RS-4.5" Single- Family District. Description of the Proposed Developments The proposed 63-acre London Towne Unit 10 will be zoned "RS-4.5" Single-Family 4.5 District allowing minimum lot sizes of 4,500 square feet and creating roughly 250 single- family lots. The current proposal shows two entrances off London Pirate Road, park areas, wetlands or drainageways, and landscaped areas with property values being dependent on the area market rates. The final plat or layout and plans for infrastructure have not been submitted for City approval. Increased drainage from the new development cannot flow onto the City's adjacent property. City Services to Subject Property The City provides services to nearby recently annexed areas. The landowner has agreed to a Municipal Service Plan. London Towne Unit 10, like the immediate vicinity, is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction. The proposed subdivision will receive City water and wastewater services and will connect to utility lines recently constructed to serve the area. The City will provide street maintenance services for newly constructed roads within the subdivision. The developer is required to account for any increased stormwater runoff and provide private on-site mitigation as needed. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1 . To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. e. (i.) An owner-initiated application for single-family residential development is unlikely to prove a positive fiscal impact and a fiscal impact analysis should not be used exclusively to evaluate an annexation. Therefore, other criteria should factor into the decision to annex. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions or annexations and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Property Descriptions, Municipal Service Plan) Zoning Report Presentation Annexation and Zoning Case ZN8474 Braselton Development Company, Ltd. (District 3). Ordinance annexing a 63.239-acre tract of land located along the east side of CR 33 (London Pirate Road) and abutting the southside of the Oso Creek per owner petition; approving the related service plan; adding the annexed area to City Council District 3; and rezoning from the "FR" Farm Rural District to the "RS- 4.5" Single-Family 4.5 District; providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1 , Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, on September 18, 2024, the landowner, Braselton Development Company, Ltd., signed a petition requesting annexation of 63.239 acres of land out of Section D, Laureles Farm Tracts (Tax ID 4250-0000-4500) for the proposed London Towne Unit 10 subdivision ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the territory now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi; WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, the area being annexed has no residence and is contiguous to City Council District 3; Page 1 of 3 WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning 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 Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property 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 foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. A 63.239-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, located along the east side of CR 33 (London Pirate Road), north of FM 43, and abutting the southside of the Oso Creek, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 63.239 acres, as described in Exhibit "A" and shown in Exhibit "B," from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. SECTION 5. 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 6. 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. Page 2of3 SECTION 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION B. 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 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the 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 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single-Member Council District #5 for the City of Corpus Christi is hereby amended to add the areas annexed as shown in Exhibit A. SECTION 14. 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 , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 3 of 3 Exhibit A Legal Description State of Texas § County of Nueces§ BEING a 63.239-acre annexation tract and being a part of the remaining portion of a 173.21- acre tract out of Section"D", Laureles Farm Tracts according to the map recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas and the herein described 63.239-acre tract being further described by metes and bounds as follows: BEGINNING at a point in the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33), said point being in the South line of that called 64.00-acre tract of land described in Document No. 2020001025 of the Real Property Records of Nueces County,Texas, same being the North line of that called 3.472-acre tract of land described in Document No. 2021002859 of the Real Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18, 2021, and in the North line of that 10.817- acre tract annexed by City of Corpus Christi Ordinance 033094 dated July 18, 2023; THENCE North 20014'19" East with the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33) and with the existing Corpus Christi City Limits line as described in City of Corpus Christi Ordinance 032436 for a distance of 1,175.93 feet to a point for a Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 89031'58"West, crossing the apparent right-of-way of County Road 33 for a distance of 32.08 feet to a 1- inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road (formerly County Road 33), said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinance 033002 dated March 21, 2023; THENCE North 30014'19" East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest line of that called 64.00 acre tract of land described in Document No. 2020001025 of the Real Property Records of Nueces County,Texas for a distance of 1,295.18 feet to a point for corner from whence a 1 inch iron pipe bears North 50005'24" East 1.42 feet; THENCE, continuing with the City of Corpus Christi City Limits as described in Ordinance 033002, North 40059'48" East and with a Southeast line of said 141.66-acre annexation tract and with a Northwest Line of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipe found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; THENCE continuing with the existing City of Corpus Christi City Limits and with the North line of said 64.00-acre tract and along the approximate South bank of Oso Creek, South 84052'02" East for a distance of 321.23 feet, more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits and with the Southeast line of said 64.00-acre tract South 18003'29"West for a distance of 3,477.35 feet, more or less,to the Southeast corner of said 64.00-acre tract, and a corner of the existing City of Corpus Christi City Limits; THENCE with the South line of said 64.00-acre tract and with the existing City of Corpus Christi City Limits South 89013'29"West with the South line of said 64.00-acre tract and with the North line of a 10.817—acre tract annexed by Ordinance 033094 dated July 18, 2023 for a distance of 959.60 feet to the POINT OF BEGINNING, containing in area 63.239 acres of land, more or less. This description is based on a survey made on the ground under my supervision in May, 2024 and it accurately represents the property herein described to the best of my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate System, South Central Zone, NAD83(2011). OF Jo D. Mercer RPLS#1924 •JOHN D. MERCER . Lynn Engineering, LLC '. 1924 Surveying Firm No. 10116600 91 OSO CREEK EXISTING CITY LIMITS N S84'54'02"E / EXHIBIT B 321,23' � / W E ANNEXATION PLAT �� s �o %' / SCALE: 1"=500' 141.66 ACRES ANNEXATION ORDINANCE 033002 MARCH 21, 2023 J /M / ' 63.239 AC. �v OUT OF A CALLED �N CITY OF 64.0497 ACRE TRACT o CORPUS CHRISTI v DOC.# 2020061025 REAL PROPERTY RECORDS /c) Z� NUECES COUNTY, TX / / S89'31'58"W / 32.08' / / CERTIFICATE OF SURVEYOR LONDON PIRATE RD. rn1./ /^ / LANDESUUNDERSIGNED, REGISTERED PROFESSIONAL THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS ANNEXATION PLAT IS TRUE AND 3.733 ACRES � / CORRECT TO THE BEST OF MY KNOWLEDGE AND ORDINANCE o� t'' / BEUEF AND THAT IT WAS PREPARED AFTER AND ON ANNEXATION O 03243 /•� / THE GROUND SURVEY UNDER MY SUPERVISION. MAY 18, 2021 /^ OF.T,�c =N POINT OF / ,�P.�•,G1S TER�:,� / BEGINNING / �•................ / � •JOHN D.MERCER 959.60' S89'13'29"W HN D. MERCA, 10.817 ACRES REGISTERED PROFESS Fla SURVEYOR NO. 1924 ANNEXATION ORDINANCE TEXAS REGISTERED SURVEYING FIRM 10116600 033094 JULY 18, 2023 7 161.56 ACRES ANNEXATION ORDINANCE 031822 JULY 30, 2018 L Y N N E G C 2200 AVENUE A I OF I TEXAS REGISTERED ENGINEERING FIRM F-324 BAY CITY,TEXAS 77414 TEXAS REGISTERED SURVEYING FIRM 10116600 PH.(361)782-7121 JOB NO. 30.101601.000 EXHIBIT C This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"') and Braselton Development Company, Ltd. ("Landowner"), both of which may be referred to herein singularly as "Party"or collectively as the "Parties." WHEREAS, the Landowner has requested that the City consider annexation of a tract of land totaling approximately 63.239 acres of land situated in Nueces County, Texas, as specifically described in Metes and Bounds attached as Exhibit A and map in Exhibit E ("Subject Property"), which is attached hereto and incorporated herein for all purposes; WHEREAS, the City intends to institute annexation proceedings for the "Subject Property; WHEREAS, Texas Local Government Code §43.0672 requires a written agreement for the provision of services in the area first be entered into between the City and Landowner of the Subject Property prior to annexation; WHEREAS, the City and the Landowner agree each will benefit from the City's development restrictions and zoning requirements, as well as other municipal services provided by the City which are good and valuable consideration for the Landowner to request annexation and for the Parties to enter into this Agreement for the City to provide the listed services upon annexation and in accordance with this Agreement; WHEREAS, the City Council of the City of Corpus Christi, Texas, finds and determines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existence in the annexation area at the time immediately preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infrastructure maintenance that is comparable to the level of service, infrastructure, and infrastructure maintenance available in other parts of the municipality with topography, land use, and population density similar to those reasonably contemplated or projected in the area. WHEREAS, it is found that all statutory requirements have been satisfied and the City is authorized by Texas Local Government Code Chapter 43, to annex the Subject Property into the City; NOW, THEREFORE, in consideration of the mutual covenants contained herein, the Parties hereto agree as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. 1 Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid !Baste Collection: Services to be Provided. After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Dater Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided. The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions 2 thereof as applicable, is located, the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Code, Corpus Christi Unified Development Code, and Utility Department Policies and Engineering Standards; provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. . (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and Maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and Maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code §43.002. (12) Other Municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. 4 (1) !Dater and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. 5 Section 7. Force Maieure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 9. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. !Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this 6 instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER By. eter Zanoni, Fre3 Braselton, Manager City Manager Braselton Development Co., Ltd Date: �` • �• Date: 3LA15 APPROVED AS TO FORM: By: 6l ��s Buck Brice Deputy City Attorney for the City Attorney 7 EXHIBIT A METES AND BOUNDS Exhibit A Legal Description State of Texas 9 County of Nueces BEING a 63.239-arse annexation.ract ano being a oart of the rornair.ing portion of a 173.21- acre tract out or Section"D",Laureles I arm Tracts according to the map recordnd In Volume 3,Page 15 of the Map Records o`Nueces County,Texas and the herein described 63.239-acre tract being further described by metos end bounds as follows: BEGINNING at a point in the apparent Southeasterly right-of-way lino of-ondon Pirate Road(former(y County Road 33),said point being in thn South fine of that called 64.00-acro .Tact of land described in Document No.2020001025 of the Real Property Records of Nueces County, Texas,samo being tree North line of that called 3.472-acre tract of land coscribed In Document No.2021002859 of tha Rout Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18,2021,and In the North line of that 10.817- acre'fact annexed by City of Co-pus Christi Ordinance 033094 dated July 18,2023; TI IENCE North 20014'19"East with the apparent Southeasterly right-of-way line of London Pirate Road(formerly County Road 33)and with the existing Corpus Christi City Limits line as described In City of Corpus Christi Ordinance 032436 for n distance of 1,175.93 feet to a point for ra Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 89031'58"West,crossing the apparent right-of way of County Road 33 for a distances of 32.08 feet to a 1-inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road(formerly County Road 33). said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinanco 033002 dazed March 21,2023; THENCE North 30014'19"East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest line of that called 64.00 acre tract of land described in Document No.2020001025 of the Real Property Records of Nuocos County,Texas for a distance of 1,295,18 foot to a point for corner from whenco a 1 Inch iron pipe bears North 50005'24"East 1.42 feet; THENCE,continuing with the City of Curpus Christi City Limits as described in Ordinance 033002,North 40059'48"East and with a Southeast line of saki 141.66-acre annexation tract and with a Northwest fine:of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipo found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; 8 THENCE continuing with the existing City of Corpus Christi City Limits and with the North Linn of said 64.00-acre tract and along the approximate Snuth bank of Oso Creek,South 84052'02"East fora distance of 321.23 feet,more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits enc with tho Southeast line of said 64.00-acro tract South 18"03'29"West for a distance of 3,477.35 foot,more or less,to the Suutheas,.comer of said 64.00-acre tract,and a corner of the existing City of Carpus Christi City Limits; THENCE with the South lino of said 64.00•acre tract and with the existing City of Corpus Christi City Lrmits South 891113'29"West with the South line of said 64.00-acre traut and with the North line of a 10.817-acre tract annexed by Ordinance 033094 datec July 18, 2023 for a distance of 959.60 feet to the PO,NT OF BEGINNING,containing in area 63.239 acres of land,more or less. This description is based on a survey made on the ground under my supervision:n May, 2024 and it accurately represents the property herein described to the best a'my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate Systerri,Soutn C antral'!_one, NAD83(2011). • ��-, col`ram.,., 1ofk D.Mercer,RPLS#1924 •l0141N o.4ERCsB. Lynn Lngineering,LLC .•192A.. •tr�y� Surveying Firm No. 10116600 �� 9' �O'r Y -�_- 9 EXHIBIT E ANNEXATION AREA MAP OSO CREEK EXISTING CITY LIMITS R G FXXHIBI1 8 321.23 / to t o ANNEXATI-ON PLAT �144� >; 0 SCAL-E: '"-500' 141.66 ACRFS ANNEXATION ORC;NANCL 0330".7 f h MARCH 21, 2023 / G3.239 AL: f' lk +� IJUI 0, A UAI I F ry CITY GF 4,f 64.0497 ACRE 7;kCT �"? CORPUS I'll n OOC.p" 202006'C25 REAL PROPL121Y RF(WDcZ /` !4 NULCES COUN-Y, 7X ;- SB9'31'S8"►Y f 32,08' / r LONDON PIRATE R0.—,-_ f J FFT1fICATE OT SJNV[YCR 1. HE U%)ERSIGNED,A NEGISTFRFO FROFF.SSI0%& {AND SUNVEYUN IN 1HE STATE OF TEXAS, .1mDY }' CERTIIY TFFAT'HS M%EYATION PIAT IS TRUE MO L�$r ;1 7,13 ACR1 S f CDRRECI ID IHt HEST OF MY KNDW,FT7G--AND ANNEXATION ORCINANCE "i"i f BELIEF AND IHAF II 'WAS PHLIAREO ArfFR N4D CN 13,524,56 f TIIE GROUND SUhvLY YI�f )FR MY SUPEIGN. MAY 1R, 2021 � / F R'NS f/Iry � POINT OF 13ECINNINC I ..4..... J i //• wN' NiR,F{CEft ja .. 1121 t Hh 0 NERCF � y' •;. f 10.—KI I ACRLi f GISTERED PROFES,"" Pell 51.RvTYn? Nt`. 1.974 ! AtnNL XAFION ORDINANCE f TEXAS REc45LW.D sURwymo FlRN 1nt•Eeno 033094 r 6T r ANNEXATION ORDINA`JC:F + 031822 JULY :SO, 2018 L Y N 0 P N E ll N0 27,o AVFNUF A I OF I TEXAS RLG151E RE.O ENGINEERING FIRM F-324 "1 DAY CITY TEXAS 77414 J361)/82-7121 _ TEXAS Rf-_GISTERCU SURVEYING FIRM 14110A{IO PH. — � - � JOB No. 30.101601.000 10 ZONING REPORT CASE ZN8474 Applicant & Subject Property District: 3 (Upon Annexation) Owner: Braselton Development Company Limited Applicant: Braselton Development Company Limited Address: A property at or near CR-33 (County Road 33) and FM-43 (Farm-to-Market) Road, located along the east side of CR-33, north of the Agape Ranch Subdivision, and south of the Oso Creek. Legal Description: 63.239 acres out of Section D, Laureles Farm Tracts Acreage of Subject Property: 63.239 acres. (See Attachment A — Metes and Bounds). Zoning Request From: "FR" Farm Rural District (Upon Annexation) To: "RS-4.5" Single-Family District 4.5 Purpose of Request: To allow a medium-density residential subdivision. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "OCL" Outside City Limits Agricultural Medium-Density Residential Vacant, Water (Oso Creek), North "OCL" Outside City Limits Drainage Corridor, Floodplain conservation, Oso Creek Medium-Density Residential "RS-6" Single-Family 6, Agricultural, South "FR" Farm Rural Public/Semi-Public Medium-Density Residential Water (Oso Creek), East "FR" Farm Rural Public/Semi-Public, Floodplain Conservation, Medium-Density Residential "RS-6" Single-Family 6, Vacant, Floodplain Conservation, West `°RS-4.5" Single-Family 4.5 Agricultural Medium-Density Residential Plat Status: The subject property is not platted. A preliminary plat is required for land subdivision in excess of 5 acres. A master preliminary plat is currently under review. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): The subject property is not within a MCAOD District. Code Violations: None. The property is outside city limits. Transportation and Circulation Designation Section Proposed Section Existing County Road 75-Foot ROW 60-Foot ROW 4 Lanes 33 (CR-33) "C3" Primary Collector No Median/Center 2 Lanes, Turn Lane 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 within a 3.5-mile radius, a right-of-way within city limits, east of the Oso Creek, at Weber Road. Utilities Gas: 4-inch PE (active and public) grid main exists along west side of CR-33. Stormwater: None. Wastewater: A 16-inch PVC (active and public) force main exists along the eastern boundary of the subject property. Water: A 16-inch PVC (active and public) transmission line exists along CR-33. 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: The subject property is outside the City's master plan area. Wastewater Master Plan: Improvements include future gravity mains (project 198). Stormwater Master Plan: The subject property is outside the City's master plan area. Roadway Master Plan: The subject property is outside the City's master plan area. Public Notification Number of Notices Mailed 8 within a 200-foot notification area 5 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(s) Public Hearing Schedule Planning Commission Hearing Date: December 11 , 2024 City Council 1st Reading/Public Hearing Date: March 18, 2025 City Council 2►,d Reading Date: March 25, 2025 Background: The subject property is a vacant and undeveloped 63-acre tract of land, as submitted by metes and bounds, within the London Area, immediately at the outer periphery of the city, south of the Oso Creek, west of the Oso Creek, and north of FM-43. To the south of the subject property is the "RS-6" Single-Family 6 zoned, medium-density, Agape Ranch subdivision, annexed and rezoned in July 2023. The property to the east was annexed in September 1995 and granted a "FR" Farm Rural District upon annexation, with a current land use of Public/Semi-Public use. The properties west of CR-33 and the subject property are zoned "RS-6" Single-Family 6 and "RS-4.5" Single-Family 4.5 District, with primarily an agricultural use and a portion vacant near the Oso Creek. They were annexed into the city limit in the last five years. The "RS-4.5" allows 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. While the "FR" Farm Rural District, to be granted upon annexation, permits single-family detached houses, group homes, and limited public and civic uses as well, it also resource extraction uses, and agricultural uses; the lot size requirement is 5 acres, rather than the 4,500-square-foot minimum area of the "RS-4.5" district. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: o Quality housing meets the diverse needs of households at all income levels and all stages of the life cycle. o New cost-effective residential subdivisions are established in high-growth corridors to support the demand for new housing. ■ Support the protection of areas in high-growth corridors within the City's ETJ. ■ Promote orderly development with fairness to all taxpayers and ratepayers while keeping in mind impacts to the affordability of housing. o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Annexation plans provide for orderly growth and industrial agreements in the ETJ (Extra- territorial jurisdiction). Orderly Development: Development that occurs and is managed by local government according to adopted land use plans and utility master plans, thereby providing cost-effectiveness and land use compatibility. ■ Support a policy of annexation of land at the periphery of the city to protect the city from urban growth that is incompatible with the developmental objectives of Corpus Christi and to achieve orderly growth. ■ Use annexation powers combined with minimum lot size in zoning and infrastructure policy and strategic City investments in infrastructure to promote orderly and efficient development in the ETJ. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP and is consistent with the FLUM designation of Medium-Density Residential. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with the FLUM's (Future Land Use Map) designated medium-density residential use and many broader elements of the City of Corpus Christi Comprehensive Plan. o The subject property is suitable for the uses to be permitted by the proposed amendment; and is compatible with the present zoning and conforming uses of nearby property. Planning Commission and Staff Recommendation (December 11, 2024): After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, Planning Commission and Staff Recommend approval of the change of zoning from the TR" Farm Rural District, upon annexation, to the "RS-4.5" Single-Family 4.5 District. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit Exhibit A Legal Description State of Texas§ County of Nueces§ BEING a 63.239-acre annexation tract and being a part of the remaining portion of a 173.21- acre tract out of Section"D", Laureles Farm Tracts accordingto the map recorded in Volume 3, Page 15 of the Map Records of Nueces County,Texas and the herein described 63.239-acre tract being further described by metes and bounds as follows; BEGINNING at a paint in the apparent Southeasterly right-of-way line of London Pirate Road (formerly County Road 33), said point being in the South Line of that called 64.00-acre tract of land described in Document No.2020001025 of the Real Property Records of Nueces County,Texas, same beingthe North line of that called 3.472-acre tract of Land described in Document No.2021002859 of the Real Property Records of Nueces County, Texas and said point being in the Easterly line of that 3.733-acre tract annexed by City of Corpus Christi Ordinance 032436 dated May 18, 2021,and in the North line of that 10.817- acre tract annexed by City of Corpus Christi Ordinance 033094 dated July 18, 2023; THENCE North 20014" 9"East with the apparent Southeasterly right-of-way line of London Pirate Road(formerly County Road 33)and with the existing Corpus Christi City Limits line as described in City of Corpus Christi Ordinance 032436 for a distance of 1,175.93 feet to a point for a Northeast corner of said City Limits line; THENCE with a North line of said City Limits South 891131'58"West,crossingthe apparent right-of-way of County Road 33 fora distance of 32.08 feet to a 1-inch iron pipe found in the apparent Northwest right-of-way line of London Pirate Road (formerly County Road 33), said iron rod being the Southeast corner of that 141.66-acre tract annexed by City of Corpus Christi by Ordinance 033002 dated March 21,2023; TH ENCE North 30014"9"East with the Southeast line of said 141.66-acre annexation tract and the apparent Northwest right-of-way line of County Road 33 and the Northwest Line of that called 64.00 acre tract of land described in Document No.2020001025 of the Real Property Records of Nueces County,Texas for a distance of 1,295.18 feet to a point for corner from whence a 1 inch iron pipe bears North 50005'24"East 1.42 feet; THENCE, continuing with the City of Corpus Christi City Limits as described in Ordinance 033002, North 40059'48"East and with a Southeast line of said 141.66-acre annexation tract and with a Northwest Line of said 64.00-acre tract for a distance of 1,363.90 feet to a 1-inch iron pipe found at the Northeast corner of said 141.66-acre annexation tract and the most Northerly Northwest corner of said 64.00-acre tract; THENCE continuing with the existing City of Corpus Christi City Limits and with the North line of said 64.00-acre tract and along the approximate South bank of Oso Creek,South 841152'02"East for ad istance of 321.23 feet, more or less,to an angle point in the existing City Limits of the City of Corpus Christi and the Northeast corner of said 64.00-acre tract; THENCE with a Westerly line of the existing City of Corpus Christi City Limits and with the Southeast line of said 64.00-acre tract South 18°03'29"West for a distance of 3,477.35 feet, more or less,to the Southeast corner of said 64.00-acre tract, and a corner of the existing City of Corpus Christi City Limits; THENCE with the South line of said 64.00-acre tract and with the existing City of Corpus Christi City Limits South 89113'29"West with the South line of said 64.00-acre tract and with the North line of a 10.817-acre tract annexed by Ordinance 033094 dated July 18, 2023 for a distance of 959.60 feet to the POINT OF BEGINNING,containing in area 63.239 acres of land, more or less. This description is based on a survey made on the ground under my supervision in May, 2024 and it accurately represents the property herein described to the best of my knowledge and belief. Coordinates and bearings are based on the Texas State Plane Coordinate System,South Central Zone, NAD83(2011). W-4'� O i :.. .`.. Jo D. Mercer, RPLS#1924 �JOHN D.MERCER Lynn Engineering, LLC -� . 924 :V��4� Surveying Firm No. 10116600� i� ! OSO CREEK EXISTING CITY LIMITS N S84'54'02"E EXHIBIT B 321.2.3 ] W E ANNEXATION PLAT �� g >x o rfl�, SCALE: 1"=500' 141.66 ACRES ! I ANNEXATION ORDINANCE C r 033002 MARCH 21, 2023 = 63.239 AC. �3 OUT OF A CALLED �h� CITY OF 64.0497 ACRE TRACT o CORPUS CHRISTI a DOC.# 2020061025 ��4 /v REAL PROPERTY RECORDS V ! U NUECES COUNTY, TX I ! S89'31'58"W 1 32.C8' / CERTIFICATE OF SURVEYOR LONDON PIRATE RD. ! ! I UNDERSIGNED.1. THE PROFESSIONAL LAND SURVEYOR REGISTERED IN THE STATE OF TEXAS, HEREBY CERTIFY THAT THIS ANNEXATION PLAT IS TRUE AND 3.733 ACRES /� ! CORRECT TO THE BEST OF MY KNOWLEDGE AND ANNEXATION ORDINANCE o� ! BEUEF AND THAT IT WAS PREPARED AFTER AND ON 032436 !• THE GROUND SURVEY UNDER MY SUPERVISION. MAY 18, 2021 OF =ry POINT OF P•• 15TF �� ! BEGINNING �• .. JOHN D.IynERCFR S89'13'29"W { MERC 10.817 ACRES GISTERED PRO 71U1Y AD SURVEYOR NO. 1924 ANNEXATION ORDINANCE TEXAS REGISTERED SURVEYING FIRM 10116600 033094 qIV2-[I- JULY 18, 2023 161.56 ACRES ANNEXATION ORDINANCE - 031822 JULY 30, 2018 LYNNENGI NEE RING 2200 AVENUE A 1 OF 1 TEXAS REGISTERED ENGINEERING FIRM F-324 I BAY CITY,TEXAS 77414 TEXAS REGISTERED SURVEYING FIRM 10116600 PH.(361)782-7121 JOB NO. 30.101601,000 (B) Existing Zoning and Notice Area Map 7 i $ R - RS-6 sUB,EC 9 PROPERTY 6 4 FR 5 RS-4. 5 v� 2 RS-6 3 CASE: ZN84 74 N R' E Zoning and notice Area RM-1 Multifamily IL Light Industrial RM-2 MuHdamily2 IH Heavy l nd uetrial RM-3 Multifamily3 PUD Plan aed Unit Dev.Overlay ON Professional Oftice RS-10 Single-Family 10 RM,Multilem ily AT RS-6 Sin9le-Family6 GN-1 Neighborhood Commercial RSd.5 Singlefamily 4.5 CN-2 Neighborhood Commercial IRS-TF Two.Family _ CRA Resort Commercial RS-15 Single-Family lS CR-2 Resort Commercial RE Residerrtial Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial Sp Special Penn it CI lmo-ive Commercial RV Recreational YehiGe Park E] CBD Downtown Com merciel RMH Manufactured Home CR-3 Resort Com merciel FR Farm Rural H Ai.,.1 c cyerlav SUBJECT BP 13uel neas Park PROPERTy Subpcf Pmp- O�yrsrs ,0 200'b Re ur fawr 4 owac,�wrcn;R zoo usree a„ owmers city0l, ESA,HERE .. arta<hedowrrershgfaAk Xinwwotimr Colpub LOCATION MAP Christi London Towne Unit 10 Annexation and Rezoning Public Hearing and First Reading Ordinance City Council Presentation March 18, 2025 Location po N Subject Property „ C Annexation Area 1_ W N Ts---- -i '. — — — �mo-r cum �� London Towne Unit 10 Master Plan 63 acres Rezone to RS-4.5 Single-Family Minimum of 4,500 SF lot sizes Two entrances off London Pirate Rd. Questions? ggt3S C�% o a v HgaRpagpSgO AGENDA MEMORANDUM x852 Public Hearing/First Reading for the City Council Meeting of March 18, 2025 Second Reading for the City Council Meeting of March 25, 2025 DATE: February 24, 2025 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, AICP, Director of Planning and Community Development Dan ielMc(a-)cctexas.com (361) 826-7011 Annexation & Rezoning For Texas Lone Star Abstract & Title Investments Group CAPTION: Annexation and Zoning Case ZN8481 Texas Lone Star Abstract & Title Investments Group, LLC. (District 3). Ordinance annexing a 2.00-acre tract of land per owner petition located at the southeast corner of FM 43 and CR 47; annexing the abutting 299.98 linear-foot section of CR 47; and annexing a 2,489.98 linear-foot section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; and providing for a penalty not to exceed $2,000 and publication. (Planning Commission and staff recommend approval of Zoning Case ZN8481) SUMMARY: Upon petition by the landowner, Texas Lone Star Abstract & Title Investments Group, LLC, this ordinance will annex two acres of vacant land at the southeast corner of FM 43 and CR 47, including the FM 43 right-of-way between the private property and London Pirate Road to create contiguity with the current city limit line, and including the abutting CR 47 right-of-way as required by State law. The ordinance will also rezone the two acre site to "CN-1" Neighborhood Commercial District for the and assign the area to Council District 3. BACKGROUND AND FINDINGS: Description of the Request Texas Lone Star Abstract & Title Investments Group, LLC, landowner, is planning to construct a small commercial center on the southeast corner of FM 43 and CR 47 about a half-mile east of the London ISD schools. The site is outside city limits and not contiguous. State law requires that property be contiguous to the city limits in order to be annexed. To create contiguity and pursuant to Texas Local Government Code §43.1056, the landowner requests that the City annex the FM 43 right-of-way from the current city limit line near London Pirate Road to the site, which is approximately 2,490 linear-feet of right-of-way or 6.08 acres. The landowner is requesting annexation of their property to secure City services for development of the two-acre site. At the same time, the landowner requests a rezoning to "CN-1" Neighborhood Commercial District. Description of the Proposed Development The proposed small commercial center will have an office and other retail spaces. If annexed, the development will have to comply with all City development regulations, including limitations on permitted uses, landscaping, parking, and setbacks. The development will use City water but not wastewater as it is unavailable. The development will use a septic system. City Services to Subject Property The already City provides services to nearby and recently annexed areas. The site is located within the City of Corpus Christi's Certificate of Convenience and Necessity (CCN) for water service, i.e. water jurisdiction. The proposed development will receive City water. TxDOT will continue to maintain FM 43 and the City will accept responsibility for the portion of CR 47 that abuts the property pursuant to Texas Local Government Code §43.106. The developer is required to account for any increased stormwater runoff and provide private on-site mitigation as needed. The proposed development does not reach a threshold at which additional City Police substations, Fire stations, City Library, Health, Animal Control, or Parks and Recreation services are needed. The landowner has agreed to a Municipal Service Plan. Compliance with City Annexation Guidelines The City will evaluate property owner-initiated requests for annexation based on criteria stated in the Annexation Guidelines. The proposed annexation meets the following criteria: Criteria 1 . To protect public health and safety by: c. Preventing unregulated development in areas that: (i.) will have an adverse impact on adjacent areas within the City. Criteria 2. To provide municipal services to: a. Residential, commercial, and industrial land uses that would benefit from a level of service calibrated for a city rather than an unincorporated area. Criteria 3. Where property location is in: b. Areas contiguous to the City limit for which dense urban or suburban development activity is anticipated. Criteria 5. Based on economic and fiscal impacts: c. Annexation of areas with proposed development that is fiscally feasible for both operating and capital improvements while maintaining current levels of service to existing residents. d. Annexation to ensure that areas benefiting from proximity to a large urban City are contributing revenue to offset the cost of providing services within an urban environment. ALTERNATIVES: The land could remain outside city limits (OCL) and the City could offer the landowner an OCL water and wastewater contract for services, however, doing so would not be consistent with recent policy decisions or annexations and would not generate city tax revenue for an area that already benefits from existing City services. Therefore, this alternative is not a recommended course of action. FISCAL IMPACT: Departments indicated they could absorb the cost of providing services to the proposed development within current budgets. Funding Detail: No funds are being encumbered with this action. RECOMMENDATION: Staff recommend approval of the annexation. Staff and Planning Commission recommend approval of the requested rezoning. LIST OF SUPPORTING DOCUMENTS: Ordinance with Exhibits (Property Descriptions, Municipal Service Plan) Zoning Report Presentation Annexation and Zoning Case ZN8481 Texas Lone Star Abstract & Title Investments Group, LLC. (District 3). Ordinance annexing a 2.00-acre tract of land per owner petition located at the southeast 43 and CR 47; annexing the abutting 299.98 linear-foot section of CR 47; and annexing a 2,489.98 linear-foot section of FM 43; approving the related service plan; adding the annexed area to City Council District 3; rezoning the 2.00 acres from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District; and providing for a penalty not to exceed $2,000 and publication. WHEREAS, Texas Local Government Code §43.003 and City Charter of the City of Corpus Christi, Texas, Article 1, Sec. 1 authorizes the annexation of territory, subject to the laws of this state; WHEREAS, offers of development agreements have been made pursuant to Texas Local Government Code §43.016; WHEREAS, on April 24, 2024, the landowner, Texas Lone Star Abstract & Title Investments Group, LLC, signed a petition requesting annexation of 2.00 acres of land out of a called 59.276 acres of land, same being a portion of the north half of the north half of Section 4, Laureles Farm Tracts, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, ("Subject Property"); WHEREAS, the City Council finds that Corpus Christi City Charter Article X, Section 2 authorizes the City Manager to execute a Municipal Service Plan Agreement with the owners of land in the area for the provision of services in the area to be annexed, and the City negotiated and entered into a Municipal Service Plan Agreement with the owner of land in the area for the provision of services in the area to be annexed; WHEREAS, the City Council finds that a 2,489.98 linear-foot section (6.08 acres) of FM 43 located between the Subject Property's eastern boundary and the western boundary of London Pirate Road is contiguous and runs parallel to the municipality's boundaries, and is contiguous to the Subject Property being annexed by landowner petition; WHEREAS, written notice has been sent to the Texas Department of Transportation for annexation of a section of FM 43 pursuant to Texas Local Government Code §43.1056; WHEREAS, pursuant to Texas Local Government Code §43.106, the City Council finds that a 299.98 linear-foot section (0.27 acres) of CR 47 abuts the Subject Property and the City must also annex the entire width of the county road and the adjacent right-of-way on both sides of the county road; WHEREAS, a public hearing was held by the City Council, during City Council meetings held in the Council Chambers at City Hall in the City of Corpus Christi, Texas, following the publication of notice of the hearing in a newspaper of general circulation in Page 1 of 4 Corpus Christi and on the City's website, for the consideration of annexation proceedings and the service plan for the defined land and territory, during which all persons interested in the annexations were allowed to appear and be heard; WHEREAS, the City Council finds that the Subject Property now proposed to be annexed lies wholly within the extraterritorial jurisdiction of the City of Corpus Christi, and abuts and is contiguous and adjacent to the City of Corpus Christi upon annexation of FM 43; WHEREAS, the City Council finds that the territory now proposed to be annexed constitutes lands and territories subject to annexation as provided by the City Charter of the City of Corpus Christi and the laws of the State of Texas; WHEREAS, the City Council finds that it would be advantageous to the City and to its citizens and in the public interest to annex the lands and territory hereinafter described. WHEREAS, the area being annexed has no residence and is contiguous to City Council District 3; WHEREAS, the landowners have requested rezoning that is concurrent with the annexation process for the Subject Property; WHEREAS, with proper notice to the public, a public hearing was held regarding the rezoning 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 Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, the City Council finds that this zoning will promote the best and most orderly development of the property 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 foregoing recitals are hereby found to be true and correct and are hereby adopted by the City Council and made a part hereof for all purposes as findings of fact. SECTION 2. An 8.35-acre tract of land described by metes and bounds in Exhibit A and illustrated in Exhibit B, is annexed to, brought within the corporate limits, and made an integral part of the City of Corpus Christi. SECTION 3. The Municipal Service Plan attached to this ordinance as Exhibit C is approved. The service plan provides for the same number of services and levels of service Page 2 of 4 for the annexed area and to the same extent that such services are in existence in the area annexed immediately preceding the date of annexation or that are otherwise available in other parts of the city with land uses and population densities similar to those contemplated or projected in the area annexed. SECTION 4. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas, are amended by changing the zoning on 2.00 acres, as described in Exhibit "D" and shown in Exhibit "E," from the "FR" Farm Rural District to the "CN-1" Neighborhood Commercial District. SECTION 5. 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 6. 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 7. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly superseded. SECTION 8. 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 9. The official map and boundaries of the City and its extraterritorial jurisdiction, previously added and amended are amended to include the territories described in this ordinance as part of the City of Corpus Christi, Texas. SECTION 10. The City Manager or his designee is directed and authorized to perform or cause to be performed all acts necessary to correct the official map of the City to add the territory annexed as required by law. SECTION 11. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of the 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 12. The City Secretary is hereby directed to file a certified copy of this ordinance with the County Clerk of Nueces County, Texas. SECTION 13. The boundary of the existing Single-Member Council District #3 for the City of Corpus Christi is hereby amended to add the areas annexed as shown in Exhibit A. Page 3 of 4 SECTION 14. 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 , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Page 4 of 4 Texas Geo Tech LAND SURVEYING, INC. EXHIBIT "A" 8.35 ACRE TRACT Being a total of 8.35-acre tract of land, made up of a 2.00-acre tract deeded to TEXAS LONE STAR ABSTRACT & TITLE INSVESTMENTS GROUP, LLC., recorded in Document number 2024002109 of the Official Public Records of Nueces County, Texas and 6.08- acre tract of the Portion of Farm to Market Road 43,and a 0.27-acre tract of the Portion of County Road 47,all in Nueces County,Texas. and being more particularly described as follows; BEGINNING at a 5/8inch iron rod found for the northwest corner of Block 1, Lot 1 of the KEN5INGTON GARDENS ADDITION,a plat recorded in Volume 68, Pages 774-775 of the Map Records Nueces County,Texas,said 5/8inch iron rod being an interior corner of this tract; THENCE N 89°03'09"E a distance of 816.93 feet to a 5/8inch iron rod found for the northeast corner of Block 2,Lot 1 of said KEN5INGTON GARDENS ADDITION,and being an interior corner of this tract; THENCE N 00°47' 2 2" W a distance of 15.61 feet to a point for a point on the south right of way of Farm to Market Road 43,said point being a corner of this tract; THENCE N 89°14'14"E with the south right of way line of said Farm to Market Road 43,a distance of 804.94 feet to the west right-of-way line of County Road 47,and being an interior corner of this tract; THENCE 5 00°47'43"E a distance of 299.96 feet with the west right-of-way line of said County Road 47,and being a corner of this tract; THENCE N 89° 12' 14" E with the south line of said 2.00-acre tract,a distance of 330.00 feet to a 5/8inch iron rod found for the southeast corner of said 2.00-acre tract,some being the southeast corner of this tract; THENCE N 00°47'43" W a distance of 400.65 feet to a point on the north right of way line of said Farm to Market Road 43,and being the northeast corner of this tract; THENCE 5 89°11'53"W with the north right of way line of said Farm to Market Road 43 a distance of 2489.98 feet to a 5/8inch iron rod found for the southeast corner of a called 3.00-acre tract deeded to London IND School District,recorded in volume 2170-Page 841 of the Deed Records of Nueces County, Texas,said 5/8inch iron rod being the northwest corner of this tract; THENCE 5 20° 28' 20"W a distance of 106.44 feet to a point on the south right of way line of said Farm to Market Road 43,same being the southwest corner of this tract; THENCE N 89°14'08"E with the south right of way line of said Farm to Market Road 43,a distance of 576.73 feet to point for a corner of this tract; THENCE 5 00°47' 22"E a distance of 18.226 feet POINT OF BEGINNING and containing 8.35- acre tract of land,more or less. This field notes description constitutes a legal document unless it appears in its entirety, in its original f om, seal and signature; surveyor assumes no responsibility or liability a distance of its correctness. It is strongly y recommended, a distance of the continuity of future surveys, that this document be incorporate in all future conveyances,without any revisions or deletions. April 24,2024. ,�E•�F TF JARREL L. MOORE el L. Moore April 24,2024 ••0 4854 PV•. Register Professional Land Surveyor 240204.doc 9 °Fess1 .. o� �� SUR��y License Number 4854 EXITIBIT"S" ;e ,o 0 W� PROPER LL ADLUFORD 54 °L M AM C,T.65. °o PR OCT, 969 ° DR.NC.T. SERIES°FO,eo;3LL9° "r 576.73' F 0 P A eT DFIR D s/a"I. DNs/e"I.R S89'11'53"W D s/a"I.R. 2489.98' FBI D s/e R FN uMENT WEBER RO D /7979L' szo 28 2o'w R. �i Nj p a6 44 ARM TO MARKET RD. 43 R 8.35 ACres. D s/a FND s/ ���� /a D s/a s/a'LR N89'1408'E FN 589'14�14"W 8 4.94 576.73' / AIT9o0309'E // 81693 D s/e' / D EMA NDER F u0 CALLED Hi F.O.B.g,L/E ! AUEo z 'ALEL PLAPn KBErea oo ssTowN r, Al 1 TITLE DocGgC2o 3o2Dss5a vo E5 v ES MU MOST os sREV VEL CHIEF Go P200 0PlG3o697T Doc°#2,110112°aa FTRACT oocd:E20 3 O.P.P.IJ.C.T- MRN GT MRNCT oocd 2R PC09°55 ,R.N.C.T. ..R.CRT T' ENTS GROUP G.T CALLED 19750 ACI .' .P..... STMN 2D24002,ogLLC PORT FNN/2 OF N/2, ITT,HASP I OPINCT SECTION DEVIL ARM ENT TD LAURALES FARM TRACTS pP AID jA a,0o o _ D O m FND s/e"I.R. §89'12 1j W---33. __ LOT LSO BLOCK E LONG NR O NUM B G DISTANCE VICLTAGE EARIN O.P.R.N.C,T. o.P.R.N.0 T 0. ...... Li S O'4]'22"E 18.22' o L2 N O'4]'22"W 15.61' j I O I,JARREL L.MOORE,A REGISTERED PROFESSIONAL LAND SURVEYOR,DO N ALL BEARINGS AHD DISTANCE REFER TO ME TEXAS SUPVEY OF: HEREBY CERTIFY THAT TO THE BEST OF MY DGE,THIS PLAT RE- STATE PLANE COORDINATE SYSTEM OF 1983,TEXAS PRESENTS AN ACTUAL SURVEY MADE ON ME GROUND GROUND UNDER MY SUPERVISION SOUTH ZONE. AN SUBSTANTIALLY COMPLIES WITH ME MINIMUM STANDARDS FOR LAND Being a fatal of 8.35 acre tract TE Icntl,m<tle R SURVEYING IN TEXAS AS SET FORM BY ME TEXAS BOARD OF PROFESSIONAL of a TRA acre tract aemea to TEXAS LONE DEC., r r r LAND SURVEYORS. ABSTRACT D RTLE INVESTMENTS 20 GROUP, of TEXAS�/AS G Li Q 'T'L'CH corded in Document number 2024002109 0!the /6 OF j f Official Public R<com<of Nu<c«County,T<xo<ontl LAND SURVEYING,INC �PP�Ot<r RF-I9S fi.08 acre tract o![Me Portion of Fann to Market 5525 SOUTH STAPLES,BURB B-2 ➢�:if RaaE 43,all in Nue<es CaunLy,Texas, Corpus Cbxlatl,TX 78411 JARREL_L__NOO RE. (SSI)9BS-0BOB Psx(S81)BBS-8955 ._.. _ GRAPHIC SCALE 4854 P`, 200 0 200� 400, 600, TITLE NOTE: J REL NO ORE DATE: 01/09/2025 DRAWN: EF ?Of, O�, R GI REO PROFESSIONAL LAND SURVEYOR 9',f551 y0 SCALE: 1"=200' JOB NUMBER: 240204 LI SE No.4854 tiU SURVL This survey was of-^ithout the benefit of o title commitment. SCOIe. 1"= 200' fee[ Lhus no[all e<S en[S or setbacks arc Shown,if any. APPROVED: JLM I SURVEY: Ji•BP EXHIBIT C MUNICIPAL SERVICE PLAN AGREEMENT This MUNICIPAL SERVICE PLAN AGREEMENT ("Agreement") is entered into by and between the City of Corpus Christi ("City"') and Texas Lone Star Abstract & Title Investments Group, LLC. ("Landowner"), both of which may be referred to herein singularly as "Party" or collectively as the "Parties." WHEiREA.1, the I.anclowner has requested that the City consider annexaliorl of ra bract of land totaling approxirrrately 2.00 ac;re;s of land situated in NucccIs Caullty, TcaxaS, Lis specifically described in Metes and Bounds attached as Exhibit A and nlala in Exhibit B ("Subject Property"), which is attached hereto and incorporated herein for all pr.lrposes; W11IFsREAS, the (;ity intends to institute annexation proceedings for the ".;Irfajc�ct Property; W IERF/ `3, -Texas I c,cral c.aovernment Code §43.0671 re.cluires rl written agreement for the provision of services in the area first be entered into between the (;ity and Landowner of the Subject Piopeity prior to annexation; ►DUI II:f�'r'.A.I, the City and the Landowner agree, each will benefit from the City's development restrictions and zoning requfrcnu,nts, Zls W011 as other r>•lunicipal s(-)rvi00s provided by the City which are good and valuable, consideration for the: Landowner to request anlncx,lticnl nod for tho Parties to enter inlet this Agroeniont foi thn City to provido the s(-�rviccs; r.rpc►rl ai.ine,xation and in accorclance with this Agreellac:nt; Wllt.:fa_:,!-), the Cily (Council of the City of Corpus Christi, Texas, finds Cauca cleterrnines that this Agreement will not provide any fewer services or a lower level of services in the annexation area than were in existonce in the annexation area at the lirlla irnrnedialely preceding the annexation process. The service agreement will provide the annexed area with a level of service, infrastructure, and infraslrucaure maintenance lhnt is comparable to the level of service, infrastructure, and infraStl-ucture maintenance available in other parts of the niunicipality with topography, larrd use, and population clonsity similar to those reasonably contemplated or projected in tho area. V11 Ill:I ZFWO, it is found that �lll str-lfcltory RN]u it-On ncnts have boon sati hod rand the: City is alithori ed by Texas t.cu:,ll Govr.rrllne'rlt Code Ch;--ipter 113, to amiex the Subject Property into the City; NOW, t t I a,r.:t c a;;t , in consideration of th;: nll.rtual covan,lrlts corlt-lilted he:rairl, the Parties hereto agreo as follows: Section 1. Recitals The Parties hereto acknowledge and agree that the foregoing recitals are hereby found to be true and correct and are hereby adopted by the Parties and made a part hereof for all purposes. t Section 2. Services to be Provided The following service list represents the provision of services agreed to between the landowner of the Property and the City establishing a program under which the City will provide municipal services to the Subject Property as required by Texas Local Government Code §43.0672, which will be provided at a level consistent with services levels provided to other similarly situated areas within the City. a. General Municipal Services. The following services shall be provided immediately from the effective date of the annexation: (1) Police Protection: Services to be Provided: The Corpus Christi Police Department (CCPD) will provide police protection. (2) Fire Protection: Services to be Provided: The Corpus Christi Fire Department will provide fire protection and suppression through its existing fire stations. (3) Emergency Medical Service: Services to be Provided: The Corpus Christi Fire Department will provide emergency medical services. (4) Solid Waste Collection: Services to be Provided:After the effective date of annexation, the City of Corpus Christi will provide solid waste services to single-family residential customers directly or indirectly through a third-party contract. Commercial garbage collection service for businesses and multi-family residences is available on a subscription basis from private service providers. The City of Corpus Christi will allow commercial refuse collectors to continue providing this service to condominium complexes, multi-family apartments and commercial and industrial establishments. (5) Water Service: Existing Services: Currently, the City of Corpus Christi holds a water certificate of convenience and necessity ("CCN") for the annexation area. Services to be Provided: The City of Corpus Christi will continue to provide water service to the annexed area. In accordance with the applicable rules and regulations for the provision of water service, water service will be provided to the Subject Property, or applicable portions thereof, by the utility holding a water CCN for the subject property or portions thereof (the "CCN holder") and, as applicable, the utility providing wholesale or retail water service to said CCN holder. Absent a water CCN, by the utility in whose jurisdiction the Subject Property, or portions 2 thereof as applicable, is located,the extension of water service will be provided in accordance with all the ordinances, regulations, and policies of the City. (6) Wastewater Service: Existing Services: Currently, the annexation area lies outside a wastewater certificate of convenience and necessity ("CCN"). Services to be Provided: Absent a wastewater CCN by the utility in whose jurisdiction the subject property, or portions thereof as applicable, is located, the extension of wastewater service will be provided in accordance with all the ordinances, regulations, and policies of the City. When areas are not reasonably accessible to a public wastewater facility of sufficient capacity as determined by adopted City wastewater standards, individual aerobic system or individual wastewater treatment plant will be utilized in accordance with all the ordinances, regulations, and policies of the City. (7) Operation and Maintenance of Water and Wastewater Facilities that are not Within the Service Area of Another Water or Wastewater Utility: Water and wastewater service will be provided in accordance with the Corpus Christi Code, Corpus Christi Unified Development Code, and Utility Department Policies and Engineering Standards; provided the service is not within the certificated service area of another utility through existing facilities located within or adjacent to the area. Any and all water or wastewater facilities owned or maintained by the City of Corpus Christi, Texas, at the time of the proposed annexation shall continue to be maintained by the City of Corpus Christi, Texas. Any and all water or wastewater facilities that may be the property of another municipality or other entity shall not be maintained by the City of Corpus Christi unless the facilities are dedicated to and accepted by the City of Corpus Christi. The current water line mains at their existing locations shall be available for point of use extension based upon the current City's standard water extension policies now existing or as may be amended. On-site sewage facilities may be allowed contingent upon the property owner meeting all city, county, state and federal requirements. (8) Operation and Maintenance of Roads and Streets, including Street Lighting: The City will maintain public streets over which the City has jurisdiction. Roads, streets or alleyways which are dedicated to and accepted by the City of Corpus Christi, Texas, or which are owned by the City of Corpus Christi, Texas, shall be maintained to the same degree and extent that other roads, streets and alleyways are maintained in the City. Lighting of public roads, streets and alleyways shall be maintained by the applicable utility company servicing the City unless the lighting facility has been dedicated to the public, in which case the City will be the operator. 3 (9) Operation and maintenance of Parks, Playgrounds and Swimming Pools: Currently there are no public recreational facilities in the annexation area including parks, playgrounds, or swimming pools. Any park that may be under the responsibility of the County will be maintained by the City only upon dedication of the park by the County to the City and acceptance of the park by the City Council. If the City acquires any parks, playgrounds, or swimming pools within the annexation area, an appropriate City department will provide maintenance services. (10) Operation and maintenance of any other Publicly-Owned Facility, Building, or Service: Currently there are no such other publicly owned facilities, buildings, or services identified. If the City acquires any publicly owned facilities, buildings, or services within the annexation area, an appropriate City department will provide maintenance services. (11) Planning and Zoning Services: Existing Services: Subdivision planning services currently provided when plats are submitted for City review. Services to be Provided: The City will impose and enforce zoning, subdivision development, site development and building code regulations with the Annexed Area upon the effective date of the annexation. Enforcement will be in accordance with City ordinances. Development plans and plats for projects within the Annexed Area will be reviewed for compliance with City standards. The use of land in a legal manner may continue in accordance with Texas Local Government Code§43.002. (12) Other municipal Services: City recreational facilities, including parks and library, will be available for use by landowners or residents of the Annexed Area on the same basis as those facilities are available to current City landowners and residents. City residents receive program preference for some City programs. Excluding gas and electric services, other City services including Animal Control, Code Enforcement, Municipal Court and General Administration services will also be available to landowners and residents in the Annexed Area on the same basis those facilities are available to current City landowners and residents. All other services contemplated herein will be available upon the effective date of annexation. b. Capital improvements. No additional capital improvements are necessary at this time to service the Subject Property in the same manner as similarly situated properties. Upon development of the Subject Property or redevelopment, the Landowner will be responsible for the development costs the same as a developer in a similarly situated area under the ordinances in effect at the time of development or redevelopment. Capital improvement acquisition or construction will occur in accordance with applicable ordinances and regulations and the adopted capital improvement plans of the City, as may be amended. 4 (1) Water and Wastewater Facilities: Water and Wastewater infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's Water and Wastewater standards, and City's master plans, as may be amended. (2) Roads and Streets: Road and street infrastructure and improvements will be constructed by the Landowner or Landowner's developer according to the Corpus Christi Unified Development Code, City's design standards, and City's master plans, as may be amended. In general, the City will acquire control of all public roads and public streets within the annexation area upon annexation. Future extensions of roads or streets and related facilities, such as traffic control devices, within the City limits will be governed by the City's standard policies and procedures. (3) Street Lighting: Street lighting in new and existing subdivisions will be installed and maintained in accordance with the applicable standard policies and procedures. Section 3. Schedule of Services In accordance with Texas Local Government Code § 43.0672(c), no other services are contemplated by this Agreement and a schedule for future services as contemplated by Texas Local Government Code § 43.0672(b) is not applicable as all services identified herein will be provided upon the effective date of annexation. Section 4. Level of Service Nothing in this Agreement shall require the City to provide a uniform level of full municipal services to each area of the City, including the annexed areas, if different characteristics of topography, land use, and population density are considered a sufficient basis for providing different levels of service. The City of Corpus Christi will provide services to the newly annexed area in a manner that is similar in type, kind, quantity, and quality of service presently enjoyed by the citizens of the City of Corpus Christi, Texas, who reside in areas of similar topography, land utilization and population density. Section 5. Vested Rights Claims. This Agreement is not a permit for the purposes of Texas Local Government Code Chapter 245. Section 6. Effective Term The term of this Agreement (the "Term") is ten (10) years from the Effective Date. This agreement is effective upon execution by the City. 5 Section 7. Force Maieure In case of an emergency, such as force majeure as that term is defined in this Agreement, in which the City is forced to temporarily divert its personnel and resources away from the annexation area for humanitarian purposes or protection of the general public, the City obligates itself to take all reasonable measures to restore services to the annexation area of the level described in this Agreement as soon as possible. Force Majeure shall include, but not be limited to, acts of God, acts of the public enemy, war, blockages, insurrection, riots, epidemics, landslides, lightning, earthquakes, fires, storms, floods, washouts, droughts, tornadoes, hurricanes, arrest and restraint of government, explosions, collisions and other inability of the City, whether similar to those enumerated or otherwise, which is not within the control of the City. Unavailability or shortage of funds shall not constitute Force Majeure for purposes of this Agreement. Section 8. Legal Construction. If any provision in this Agreement is for any reason found to be unenforceable, to the extent the unenforceability does not destroy the basis of the bargain among the parties, the unenforceable provision will not affect any other provision hereof, and this Agreement will be construed as if the unenforceable provision had never been a part of the Agreement. Whenever context requires, the singular will include the plural and neuter include the masculine or feminine gender, and vice versa. Headings on this Agreement are for reference only and are not intended to restrict or define the text of any section. This Agreement will not be construed more or less favorably between the Parties by reason of authorship or origin of language. Section 9. Amendment and Modifications. This Agreement may be amended or modified only in a written instrument that is executed by both the City and the landowner or landowners after it has been authorized by the City Council. Section 10. Effect of Future Laws. No subsequent change in the law regarding annexation shall affect the enforceability of this Agreement. Section 11. Venue and Applicable Law. Venue for this Agreement shall be in Nueces County, Texas. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Section 12. Counterparts. This Agreement may be executed in any number of counterparts with the same effect as if all signatory Parties had signed the same document. All counterparts will be construed together and will constitute one and the same instrument. Section 13. Entire Agreement This Agreement contains the entire agreement between the Parties relating to the rights herein granted and the obligations herein assumed and cannot be varied except by written agreement of the Parties. Any oral representation or modification concerning this 6 instrument shall be of no force and effect except for any subsequent modification in writing, signed by the Party to be charged. Section 14. Binding Effect/Authority This agreement binds and inures to the benefit of the Parties and their respective heirs, successors, and permitted assigns. Each party further warrants that each signatory to this agreement is legally authorized to bind the respective individual or entity for the purpose established herein. CITY OF CORPUS CHRISTI LANDOWNER f r B . By: /G,G✓� anon , Michael Neuman, Owner& Sole Member City Manager Texas Lone Star Abstract & Title Investments Group, LLC Date: Rin J-of soaroo Date: 0 �- ' ? Sr- APPROVED AS TO FORM: By: r. Buck Brice Deputy City Attorney for the City Attorney 7 EXHIBIT A METES AND BOUNDS Texas Geo Tech LAND SURVEYING, INC. EXHIBIT "A" Being a '.00-acre(86,988 08 Square Feet) tract of land out of a called 59.276 acres of laud sauce being a portion of the NORTH HALF (Nr2) OF THE NORTH HALF (\ 2) (NORTH QUARTER) OF SECTION FOUR(4). LAL'RELES FARM TRACTS,a map of which is recorded in Volume 3, Page 15, Map Records. Nueces C'ounh', Texas, and being more particularly descnbed bs`Metes and Bounds as follows, BEGINNING at a 5,'8-welt rron rod found on the east right-of-,way line of County Road 47, for the southwest corner of this tract: THENCE: Nl 00' 47 43 W - with the east nght-of-scab• line of said C'ounh_,'Road 47. a distance of 299 96 feet to a 5,8'-inch iron rod set on the south tight-of-wav line-of County Road 43.also known as Weber Road, same being the northwest earner of this iract. THENCE: N) 39' 12 14 E-with the south iwilt-Of-WaV line of said Count-,- Road 43 also known as Weber Road a distance of-190 00 feet to a>;8-wch iron rod set for the northeast corner of this tract, THENC E: S 00'4T 43"E-'99.96 feet to a 5.'3-inch trou rod set for die southeast corner of this tract. THENCE: S $9" 1' 14 W - 290 00 feet to the PORT OF BEGINNING containing ?00 acres of land,more or less. 1. :wve;L :foott.,,a Rcpsrvicil Pro!essio:ai Land Sun vo"..do irate hi rowi tit,:.ro 11;e cS,�r nl nrr s ptar'vpl esosts an acrr'a;Spillo-1 mod"on:%t' -ound urrda+'m1 superi mon and srrhSi.::­. :.. . *wh 11:1e nmil nnu Vanrimds sel 1i7rtii he the Tvias v^oanl o P,'ofn;stoma Land Swi En ns Bom n?, i 083 Tinny You,;)Zoipv and ore�WSid Oli I I c y{ rrcIL. Moore October 12. :'0'3 A •'854 rY,�..' Rcgi;tei Piotessional Land Surv,-vclr —11008.doc License\uunbzr 485 N, - Su 8 EXHIBIT B SUBJECT PROPERTY MAP I.N Lai IHI.1 'H' AMER-ROAD _ _ _ _ _ _ MINTY ROAD 41 �Ie 1 N89.17.141 290-00' ET 1 11 • 1 ' I I I I ' Z j •1 h ' 1 . I 1 1 E-ICE F 1G0 Act es rI EE EIE'LL H +1 r•,yf5B.0A Sy.ft � 111 TI F F En 1 La 4E F. T.7 •J 1 sl i IF 1 �,. CT 1 —————— -- ---------- --- I L""'.\ILL-E L., t ALL, SU RV EY OF: TITLE N01'111: RIPW,A A.-.'E(flf,p,qR e,a IQI.ARE FEET)TP+,T A::'?RoNn TO THE TITLE CCMIITIIQ.T r,r.;l IeD OY r:,ECEi TITLE :rF L+r.D Cf.T *,F A CALLf1 69 2'6 Af'E;OF 1.140, CC51PAh' GF9' 25—I a8—I:C.N?'.Ih, 4-4EFFE611,E 0•TE CF -.AVE FEINC A rvunl.:v OF THE'uRTH WLF(N/2: CCTO0E9 04. Y721.AAO H0014C•AN 195LE: .ATE OF C•JoPl Cr THE'WMM RLLF w4(AC_41N CLAc7E:; cF ,TIEvs '.irjm 4 FcLv ;A;,IAt1.tkm.rm+M T+cAiTS, A Lws, i REMS' 1;1 4- F. c. AND f (Nr. EFFECT or AH-_H ui 4EIAM:'E;IN •.VL.IVE ! 'WX I_, (TEL, ':) 4 ANry ., (.-LAl ETI vAr><E-.lRni. 4gECE`•Cr...wTY.TE•g5 I +LL OTHER Af�E a.r_XE CIF THE PLIRYIEA :F THI ! .Ef 1 ..s EL L L'__.:E. A E LFE E I • FE_ I..',aL U , CI.;...,. ALL OEL4 t,6S Ahe CISU Iv E RITCR 70 THE TC-A., WtEw c.ERTWF WT T Te THE BEST uF MI AHCALE,E TN! iiAr HE_ 'TATE FLUE LoOI)DINATE iniEIA:�F T4,,.! TDAN :AIZ_PRS Ay 6:71AL;i;:EY MADE C'A TW �L`JI D uhLE-ui SUPEPI :4GN n7:t,H Irh'[ AN',) 'k2TrAITT1+LLr CCW-M 'ARN THE VINNIJA STA'.*AD3 F9R LVLt ,R,E1IN0 P1 TEYFS AS SET KIM 01'THE TEYAS OC+,D I:F%IICFLSt11.;VL .-I,Lr,v p S !�r,G0 "� EC1-1 LAVD /�L, ` ' LAND SURVEYINC;, INC ,+� '.>,.. 'i•.. 4625"Orrin"J"W.n1'Ilt.t—+ Jl •' `i TI" C�.I C.Tv.Cb wl.11 1o111 EL L E DATE 10/12/2023 EF � NFL M.:iriE .) �f "�•• wx 3;jkNE104 "1. :,CALL V=50' J00 NOw3ER: 23107.8 UC r_--E N; A:1s1 St4rEf .T10R 9 EXHIBIT D Texas Geo Tech LAND SURVEYING, INC. Being a 2.00-acre (86,988.08 Square Feet) tract of land out of a called 59.276 acres of land, same being a portion of the NORTH HALF (N/2) OF THE NORTH HALF (N/2) (NORTH QUARTER) OF SECTION FOUR(4), LAURELES FARM TRACTS, a map of which is recorded in Volume 3, Page 15, Map Records, Nueces County, Texas, and being more particularly described by Metes and Bounds as follows; BEGINNING at a 5/8-inch iron rod found on the east right-of-way line of County Road 47, for the southwest corner of this tract; THENCE: N 00' 47' 43" W — with the east right-of-way line of said County Road 47, a distance of 299.96 feet to a 5/8-inch iron rod set on the south right-of-way line of County Road 43, also known as Weber Road, same being the northwest corner of this tract; THENCE: N 89' 12' 14" E — with the south right-of-way line of said County Road 43, also known as Weber Road, a distance of 290.00 feet to a 5/8-inch iron rod set for the northeast corner of this tract; THENCE: S 00' 47' 43" E—299.96 feet to a 5/8-inch iron rod set for the southeast corner of this tract; THENCE: S 89' 12' 14" W — 290.00 feet to the POINT OF BEGINNING containing 2.00 acres of land,more or less. I, Jarrel L. Moore, a Registered Professional Land Surveyor, do here by certify that to the best of my knowledge, this plat represents an actual survey made on the ground under my supervision and substantially complies with the minimum standards set forth by the Texas Board ofProfessional Land Surveying. Bearings and distances are NAD 1983. Texas South Zone and are based on grid coordinates. October 12, 2023. OTE�iF�-9 �i JARREL L. �MOORE el L. Moore October 12, 2023 < ;gpo4854aP Register Professional Land Surveyor 231008.doc -f •°Ess% License Number 4854 EXTaIISIT E WEBER ROAD ---- ------------------------ -------------------------- — — — -- COUNTY ROAD 43 --I I nn N89'12'14"E 290.00 8 I.R. SET 5�'' I.R. I ci I ci I i y I A w w � m p � I iI A IC R+ Iz REMAINDER OF C c' iso 2.00 Acres. WEBER/CROSSTOWN HIGHWAY PROPERTIES, LLC. o, 86988.08 Sq.ft. DOC#: 2010044483 %l7 cmAi cro D.R.N.C.T. iD c PORTION SEOCT10N24F N/2, z.. LAURALES FARM TRACTS 0 I j am' I I I � I I I I N 50 co I I c� i I c� I I <ci I ' ci I I ci P•O.V• I SET 5 8" I.R. ND. /8' LR p 3 00' — 58912 14 W 290.00 - _ I i N j I u i � � I I A LOT 1, BLOCKI LOT 2, BLOCK 1 LOND VILLAGE LOND VILLA-_ O.P.R.N.C.T. O.P.R.N.C.T.c, l I I D 01 ; SCALE:1"=50 SURVEY OF: TITLE NOTE: BEING A 2.00 ACRE (86,988.08 SQUARE FEET) TRACT ACCORDING TO THE TITLE COMMITMENT PROVIDED BY NUECES TITLE OF LAND OUT OF A CALLED 59.276 ACRES OF LAND, COMPANY, GF#: 23-145—CC, HAVING AN EFFECTIVE DATE OF: SAME BEING A PORTION OF THE NORTH HALF (N/2) OCTOBER 04, 2023, AND HAVING AN ISSUED DATE OF: OCTOBER 09, OF THE NORTH HALF (N/2) (NORTH QUARTER) OF 2023, ITEMS: SECTION FOUR (4), LAURELES FARM TRACTS, A MAP ITEMS: 10. a., b., c. AND f. (NO EFFECT) OF WHICH IS RECORDED IN VOLUME 3, PAGE 15, ITEMS 10. d. AND e. (BLANKET) MAP RECORDS, NUECES COUNTY, TEXAS. ALL OTHER ARE OUTSIDE OF THE PURVIEW OF THIS SURVEY JARREL L. MOORE, A REGISTERED PROFESSIONAL LAND SURVEYOR, DO ALL BEARINGS AND DISTANCE REFER TO THE TEXAS HEREBY CERTIFY THAT TO THE BEST OF MY KNOWLEDGE, THIS PLAT RE— STATE PLANE COORDINATE SYSTEM OF 1983, TEXAS PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION SOUTH ZONE. AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND SURVEYING IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL TEXAS GE O TECH LAND SURVEYORS. LAND SURVEYING, INC `, GASTfR 5525 SOUTH STAPLES, SUITE B-2 Corpus Christi, TX 78411 (381) 993 w.tex Faxgeo (38.c 993-2955 1 1 sl wew.tezesgeotech.com JVG,�IVRIEDM OORS cp 4854 Q DATE: 10/12/2023 DRAWN: EF R PROFESSIONAL LAND SURVEYOR FfSS1Q�'i ' SCALE: 1" = 50' JOB NUMBER: 231008 LNo. 4854 APPROVED: JLM SURVEY: JT*BP ZONING REPORT CASE ZN8481 Applicant & Subject Property District: 3 (Upon Annexation) Owner: Texas Lone Star Abstract & Title Investments Group LLC Applicant: Texas Lone Star Abstract & Title Investments Group LLC Address: Near FM-43 (Farm-to-Market Road 43) and CR-47 (County Road 47). Legal Description: 2 acres out of 57.28 acres out of the north half of the north half of Section 4, Laureles Farm Tracts Acreage of Subject Property: 2 acres. Refer to Attachment (A). Zoning Request From: "FR" Farm Rural District (Upon Annexation) To: "CN-1" Neighborhood Commercial District Purpose of Request: To allow a commercial development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Agricultural Commercial Transportation (FM-43), Transportation (FM-43), North Agricultural Commercial "OCL" South Outside City Limits Residential Estate Low-Density Residential East Agricultural Commercial Transportation (CR-47), Transportation (Cr-47), West Commercial Commercial Plat Status: The subject property is not platted and is outside of the city limits. Platting must be preceded by annexation and rezoning to accommodate the applicant's proposed development. Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): None Code Violations: None. Transportation and Circulation FM-43 Designation Section Proposed Section Existing (Farm-to-Market Road 43); " 130-Foot ROW, 100-Foot ROW, TXDOT Owned & Maintained, A3" Primary 6 Thru Lanes, 4 Thru Lanes, Pending Annexation Arterial Divided Median Center Turn Lane Designation Section Proposed Section Existing CR-47 50-Foot ROW, (County Road 47); 100-Foot ROW, CountyOwned and County Owned & Maintained, "A2" Secondary 4 Thru Lanes, Maintained, Pending Annexation Arterial Divided 4 Lanes, 2 Thru Lanes, 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 outside city limits. Utilities Gas: A 6-inch HDPE (active) grid main exists along FM-43. Stormwater: An open stormwater channel exists on both sides of FM-43 and CR-47. Wastewater: None exists. Water: A 4-inch PVC (active and public) distribution line exists along FM-43, as does an 8-inch HPDE (active and public) distribution line exists along the east side of CR-47. 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: The subject property is outside the City's master plan area. Wastewater Master Plan: The subject property is outside the City's master plan area. Stormwater Master Plan: The subject property is outside the City's master plan area. Roadway Master Plan: The subject property is outside the City's master plan area. Public Notification Number of Notices Mailed 11 within a 200-foot notification area 0 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: March 5, 2025 City Council 1st Reading/Public Hearing Date: March 18, 2025 City Council 2►,d Reading Date: March 25, 2025 Background: The subject property is a 2-acre tract with a current agricultural land use out of the London area. It is located along FM-43 (Farm-to-Market Road 43), a primary arterial road, and CR-47 (County Road 47), secondary arterial. The site is approximately 3 miles west of the city line, along FM-43/Weber Road. Portion of it and CR-47, are to be annexed for the subject property to be incorporated within city limits. The surrounding properties, at the exception of those to the south and west of the parcel, host agricultural land uses. To the south, the fully developed London Village, a 2015 residential estate subdivision (low in density) abuts the subject property. West of the parcel, and further west of CR-47, is a commercial use. All surrounding properties are outside city limits. The applicant is requesting a change of zoning from "FR" Farm Rural District, to be granted upon annexation, to the "CN-1" Neighborhood Commercial District for a commercial development that will contain office, and retail sales and/or services activities. An amendment to a commercial district, specifically a "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. Plan CC (City of Corpus Christi Comprehensive Plan) Consistency: The proposed rezoning is consistent with Elements, Goals and Strategies for Decision Makers: o Future Land Use, Zoning, and Urban Design o Corpus Christi development patterns support efficient and cost-effective use of resources and a high quality of life. ■ Encourage orderly growth of new residential, commercial, and industrial areas. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. o Corpus Christi has well-designed neighborhoods and built environments. London ADP (Area Development Plan) and FLUM (Future Land Use Map) Consistency: The proposed rezoning is consistent with the London ADP and is consistent with the FLUM designation of commercial. • Promote land development that enhances the character and opportunities of London. o Encourage compatible and appropriate land uses for long term and sustainable growth patterns. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: • The proposed amendment is generally consistent with goals and strategies of the City of Corpus Christi Comprehensive plan and the FLUM designation of commercial along FM-43 in the largely unincorporated London Area. • In reviewing the appropriateness of the applicant's request, 3 miles out of the city's limits, adjacent to a low-density residential subdivision, and determining its compatibility, staff considered the environmental conflict that could arise from an abutting commercial district, the Unified Development Code's regulations of certain elements/features, and found the applicant's request acceptable. o The fully developed London Village is also built out with a generous rear setback. • The property to be rezoned is suitable for use permitted by the zoning district to be applied by the proposed amendment. Planning Commission and Staff Recommendation: After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, Planning Commission and Staff recommend approval of the change of zoning from the "FIR" Farm Rural District, to be granted upon annexation, to the "CN- 1" Neighborhood Commercial District. • The applicant's proposal aligns with the designated future land use and address a location need to support the growing London area. Attachments: (A) Metes & Bounds Description and Exhibit. (B) Existing Zoning and Notice Area Map. (A) Metes & Bounds Description and Exhibit isTexas Geo Tech LAND SURVEYING, INC. EXHIBIT"A" Being a 2.00-acre(96.998.08 Square Feet)tract of land out of a called 59.276 acres of land,same being a portion of the NORTH IIALF (Nl2) OF THE NORTH HALF(N/2)(NORT[I QUARTER) OF SECTION FOUR(4),LAURELES FARM TRACTS,a map of which is recorded in'Volume 3,Page 15, Map Records, Islueces County,Texas, and being more particularly described by Metes and Bounds as follows; BEGINNING at a 5/8-inch iron rod found on the cast right-of--way line of County Road 47, for the southwest corner of this tract; THENCE: N 00' 47' 43" W - with the east right-cif-way line of said County Road 47, a distance of 299.96 feet to a 518-inch iron rod set on the south right-of-way line of County Road 43,also known as Weber Read,same being the northwest corner of this tract; THENCE: N 89' 12' 14"E-with the south right-of-way line of said County Road 43,also known as Weber Road,a distance of 290.00 feet to a 5/8-inch iron rod set for the northeast corner of this tract; THENCE: S 00'47'43"E-299.96 feet to a 5/8-inch iron rod set for the southeast corner of this tract; THENCE: S 89° 12' 14" W-290.00 feet to the POINT OF BEGINNING containing 2.00 acres of land,more or less, 1,Jai-rot L.Aloore,a Registered Professional Land Surveyor,do here by certifi'that to the best of my knowledge, this plat represents an actual sun eye made an the ground under my supemsion and substantially complies with the ruurtmum.standards setforth by the Texas Board ofProfessional LandSun-eying. Bearings and distances are N.dD 1983. Texas South Zane and are bused on grid coordinates. Octaher 12.2023. •QFFq_ * ��.*. _Z_ 'I . JARRIL L.*MOORE el L.Moort October 12,2023 .0 4554 ,= Register Professional Land Surveyor 231008.doc � License Number 4854 RX101BIT 111311 WEBER ROAD ----------- ---------------------- -------------------------------------GOVNI ROAD 43 29000' SET 5/8.1 R. II o fAJ fTl REMAINDER OF iz 2.00 Acres. WERER/CROSSTOWN HIGHWAY PROPERIES,ULC- 136UBB-08 Sq ft- DDICIII 44493 R.A.C.T. PORTION OF N/2 OF N/2, EEC TON 4 LAURALES FARM TRACTS F P.ot'.. SET 5/8"I.R.FND. IN 5891 1—4W 290.00 —----------- VOT 1,OLOCK1 LOT 2.EV0CM I LNDON M-LAGE LONDCN LLAOO.P.R.N.C.7 C.P.R.N.c.r. SCALE:F=50 SURVEY OF: TITLE 1,JC)TE: BLIND A 2,00 ACRE(40.91 SOUARL FEET)TRACT ACCORDING 70 THE TITLE COMMITMENT PROVIDED BY HUFCFS TITLE OF LAND OUT OF A CALLED 59.276 ACRES or LAND. COMPANY,GFJ: 23-145-CC, RAMING AN EFFECTIVE DATE OF: SAME BEING A PORTION OF THE NORTH HALF(N/2) 01 04.2D23,AND HAVING AN ISSUED DATE OFF OUtOOER 09, OF THE NORTH HALF(14/2) (NORTH QUARTER)OF 2023. ITEMS: SECTION FOUR(4).LAURIELES FARM TRACTS,A MAP ITEMS: 10, '..lb..Q AND f, (NO EFFECT) Cf WHICH 15 RECORDED IN VOLUME 3,PAGE 15. ITEMS 10. d,AND..(BLANKET) MAP RECORDS, HILIECES COUNTY,TEXAS. ALL OTHER ARE OUTSIDE OF THE PURVIEW OF THIS SURVEY 1,JARREL L MCORS,A REGISTERED PROFESSIONAL LAND SURVEYOR, DO ALL BEARINGS AND DISTANCE REFER TO THE TEXAS HERESY cERrry THAT TIC THE BEST OF MY KNOWLEDGE,THIS PLAT RE- STATE PLANE COORDINATE SYSTEM OF 19133,TEXAS PRESENTS AN ACTUAL SURVEY MADE ON THE GROUND UNDER MY SUPERVISION SOUTH ZONE AND SUBSTANTIALLY COMPLIES WITH THE MINIMUM STANDARDS FOR LAND r1I IN TEXAS AS SET FORTH BY THE TEXAS BOARD OF PROFESSIONAL LANE)SURVEYORS. TEXAS C;EO TECH SE OFto LAND SURVEYING,INC ON!*SOUTH STAPLES,SUCE B-Z w. ....... ....REL ...... 'DORE DATE: 10/12/2023 1 DRAWN: EF RED PROFESSIONAL LAND SURVEYOR Em I 1 11 N., 4854 SCALE: NUMBER! 23I006 E::L JOB APPROVED: JLM I SURVEY: jT-BP (B) Existing Zoning and Notice Area Map s 9 1 FM 43 FM SUS CIF 5 POnPe ERfTY 11 u+ u 3 6 4 10 HYDE PARK DR CASE: ZN8481 - Zoning and notice Area v e RM-1 Multdamily 1 IL Light Industrial RM-2 MURifamily2 IH Heavy Industrial - RM-3 Multifamily 3 PUD Planned Unit Uea.Overlay £ hrd ON Profession.l Office RS-10 Singla-Family 10 t RM-AT MUkifamily AT R5-6 6ingi.-F.mily 6 _ f CN-1 Neighborhood Commercial RSd.S 6ingleFamily 4.5 F CN-2 Neighborhood Commercial IRS-TF T-Fatuity , CRA Re Cemmarcisl RS-15 6ingke Family 15 CR-2 Resort Commercial RE Reald.ri Estero CG-1 General Cammerclal Rg-TH Town house CG-2 General Commercial SP Special Permit Cl Int.naivs Commercial RV Recreational Vehicle Park C8D D—rt—n Cemmarcisl RMH Manufa.tumd Ham. FRason Commercial R Farm Rural H Hieteric Overlay su"ECT sP 13—ineaa Park PROPERTY_ 0 5ebJ.ci Pn:,eeRy O m—f— — mrtn2ao'o-vfrer yawr 4 Dwaers wnam zoo•aarao owners City of Esn,HERE ettae.-naaht=� Xnagaoxmn Corpus LOGATfOId MAP Christi Annexation and Rezoning: Texas Lone Star Abstract & Title Investments, LLC Public Hearing and First Reading Ordinance City Council Presentation March 18, 2025 Vicinity i utr- Rum IY 71 — �;; W is o� ^ v .I ��:' Annexation Area`° ry of - sK z Cify Limits 2 9 ■ ■ Iles 4 aj • - Yi m y - Annexation • , Q`m - NI I aoc o� �- .. Annexation Area G ` �-FM43 _ o izs zsa soo Proposed Development ` �................................. FARM_TO_MARKET ROAD 43 - { - 2 Acres - Rezone to CG-2 General - Commercial . Proposed small commercial e center n v v -- U f--1 f—I�f i xe-e ram sv infix_a - I . I — E Questions? se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure WeslevN(a-)cctexas.com (361) 826-1200 Sergio Villasana, Director of Finance & Procurement sergiov2�cctexas.com (361) 826-3227 KSB Pump and Motor Repairs for Corpus Christi Water CAPTION: Motion authorizing execution of a one-year service agreement, with two one-year options, with Pump Solutions, Inc., of New Caney, Texas, in an amount up to $190,850.00, with a potential up to $572,550.00 if options are exercised, for KSB pump and motor repairs for Corpus Christi Water, with FY 2025 funding of $190,850.00 from the Wastewater Fund. SUMMARY: This motion authorizes a one-year service agreement for KSB pump and motor repairs for the Everhart/Staples and McBride lift stations, and the Oso Wastewater Treatment Plant. BACKGROUND AND FINDINGS: Corpus Christi Water utilizes fourteen (14) KSB pump/motor units throughout the city. Each of these pumps weighs over 5,000 Ibs and is used at several of our largest lift stations and treatment facilities, with a replacement cost exceeding $100,000 each. They serve as the primary means of moving wastewater at the Oso Wastewater Treatment Plant, McBride Lift Station, and Everhart/Staples Lift Station. This contract ensures we have the expertise and resources necessary for proper maintenance and repairs, provided by the only authorized KSB distributor in Texas. Any pump requiring maintenance or repairs that cannot be performed onsite will be transported to the repair facility in New Caney, TX. Location Address # of Pumps Size (Horsepower) Everhart/Staples LS 780 Everhart Road 2 148 McBride LS 1200 McBride Ln. 4 100 Oso WWTP 601 Nile 7 174 PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bid process to obtain bids for a long-term contract for KSB pump and motor repairs for Corpus Christi Water. The City received six responsive, responsible bids. Pump Solutions LLC., of New Caney, Texas, submitted the lowest responsive bid and is the sole authorized distributor of all KSB products in Texas. Pump Solutions LLC. has previously worked with Corpus Christi Water, consistently providing timely and high-quality repair services. The chart below illustrates the total cost comparison between Pump Solutions LLC's current bid and the next lowest bid submitted for KSB pump and motor repairs. If we secure an agreement with Pump Solutions LLC, the City will save 10.92%. KSB Pump and Motor Repairs for CCW Pump Solutions, Inc. Next Lowest Bidder Price Variance Cost Savings 1 Year Total Cost 1 Year Total Cost $190,850.00 $21 1,700.00 $20,850.00 10.92% ALTERNATIVES: An alternative to entering into an agreement would be to handle separate procurements on an as-needed basis. This approach could result in delays due to the procurement process and potentially negatively impact operations. FISCAL IMPACT: The fiscal impact for Corpus Christi Water for FY 2025 is $190,850.00 from the Wastewater Fund. FUNDING DETAIL: Fund: 4200 Wastewater Organization: 33210 Lift Station Operation & Maint Department: 46 Wastewater Project # (CIP Only): N/A Activity: N/A Account: 530215 Maint & repairs-contracted Amount: $95,425.00 Fund: 4200 Wastewater Organization: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only) N/A Activity: N/A Account: 530215 Maint & repairs-contracted Amount: $95,425.00 RECOMMENDATION: Staff recommends approval to execute this motion authorizing a one-year service agreement, with two one-year options, with Pump Solutions, Inc., of New Caney, Texas, for KSB pump and motor repairs for Corpus Christi Water as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Bid Tab City of Corpus Christi Bid Tabulation Finance&Procurement RFB#6207 Buyer:Desirree Ortiz KSB Pump and Motor Repairs for CCW Pump Solutions* Excel Pump&Machine Inc. CD Electric Total Industrial Svsc Specialties Knighten Industries Turbo Machinery Industries New Caney,Texas Corpus Christi,Texas Corpus Christi,Texas Houston,Texas Odessa,Texas Corpus Christi,Texas Item Description Unit 1-Year Unit Price Total Price Unit Price Total Price Unit Price Total Price Unit Total Price Unit Total Price Unit Price Total Price Quantity Price Price Labor-Shop Mechanic 1 HR 150 $200.00 $ 30,000.00 $ 65.00 $ 9,750.00 $100.00 $ 15,0D0.00 $125.00 $ 18,750.00 $125.00 $ 18,750.00 $115.00 $ 17,250.00 (ST)M-F 8:00AM-5:ODPM Labor-Field Tech 2 ST)M-F 8:OOAM-5:OOPM HR 30 $195.00 $ 5,850.00 $ 65.00 $ 1,950.00 $150.00 $ 4,500.00 $119.00 $ 3,570.00 $125.00 $ 3,750.00 $115.00 $ 3,450.00 Estimated Markup Estimated Spend+ Markup Estimated Spend+ Mark Up Estimated Spend+ Markup Estimated Spend+ Markup Estimated Spend+ Markup Estimated Spend+ Spend % Mark Up T. Mark Up T. Mark Up% % Mark Up% % Mark Up% % Mark Up 51 3 Parts/Matenals EA $ 150,000.00 -107 $ 135,000.00 207 $ 180,000.00 15% $ 172,500.00 15% $ 172,500.00 17% $ 175,500.00 309 $ 195,000.00 Shipping&Transportation 4 EA $20,000.00 $ 20,000.00 $ 20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 Allowance 1 Year Grand Total $ 190,850.00 $ 211,700.00 $ 212,000.00 $ 214,820.00 $ 218,000.00 $ 235,700.00 Pump Solutions,Inc.provided a 10%discount on line for parts/materials decreasing the estimated spend to$135000,00. SC I SERVICE AGREEMENT NO. 6207 U KSB Pump and Motor Repairs for CCW N6 RPORPtEO 1852 THIS KSB Pump and Motor Repairs for CCW Agreement (''Agreement'') is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Pump Solutions, Inc. ("Contractor''), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide KSB Pump and Motor Repairs for CCW in response to Request for Bid/Proposal No. 6207 ("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 KSB Pump and Motor Repairs for CCW ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to two additional one-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $190,850.00, subject to approved extensions and changes. Payment will be made for Services provided and accepted by the City within 30 days of acceptance, Service Agreement Standard Form-Consent Decree Page 1 of 8 Approved as to Legal Form October 29, 2021 subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Amanda Howard Department: Corpus Christi Water Phone: (361) 826-1894 Email: AmandaCCcctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form-Consent Decree Page 2 of 8 Approved as to Legal Form October 29, 2021 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. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on September 30'h 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 Service Agreement Standard Form-Consent Decree Page 3 of 8 Approved as to Legal Form October 29, 2021 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: Amanda Howard Title: Contracts/Funds Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: Pump Solutions, Inc. Attn: Phil Korenek Title: President Address: 18594 US Hwy 59, New Caney, Texas 77357 Phone: 281-399-9400 Fax: N/A Service Agreement Standard Form-Consent Decree Page 4 of 8 Approved as to Legal Form October 29, 2021 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-Consent Decree 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-Consent Decree 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. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. [Signature Page Follows] Service Agreement Standard Form-Consent Decree Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR Signature: TU I�o�e�rek Printed Name: Phil KOrenek Title: President Date: 01 /22/2025 CITY OF CORPUS CHRISTI Sergio Villasana 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 Attachment E: Consent Decree Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 6207 Exhibit 2: Contractor's Bid/Proposal Response Page 8 of 8 Service Agreement Standard Form-Consent Decree Approved as to Legal Form October 29, 2021 ATTACHMENT A: SCOPE OF WORK 1.1 General Reg uirements/Background Information The Contractor shall provide pump and motor repairs and sales for all KSB brand pumps/motors at the wastewater lift stations and wastewater treatment plants for the Corpus Christi Water (CCW). 1.2 Scope of Work A. Repairs a. CCW's pump inventory, outlined in Section 4.3, consists of approximately 14 KSB pump/motor units. This number is subject to change with future updates and new installations. b. The Contractor's work performance for pump and motor repair will include, but is not limited to, disassembly, repair, and remanufacturing on centrifugal and submersible pumps and motors. c. Typical repairs may include, but are not limited to shaft sleeves, impeller, bearings, seals, wearing rings, shafts, gaskets, housing repair/replacement, o- rings, varnish, stator repair, packing stuffing box, blast clean, repaint, reassembly, check tolerances, re-oil and/or grease, testing. d. The Contractor shall be responsible for transport of the equipment to the Contractor's shop and for delivery of the equipment to CCW after work is complete. e. The Contractor shall provide a repair estimate/quote for each repair, to include any noted problems, special conditions, inspection results, conclusion/recommendations, within 5-15 business days after receipt of equipment. f. The repair estimate/quote shall be submitted electronically in PDF format via email and itemized as follows: 1 . Estimated repair time, to include delay time for parts/materials. If repair time is expected to exceed 20 business days, the Contractor must define the completion time and outline the reason for delay. 2. Shipping costs for parts/materials 3. Costs to expedite parts/materials, if requested and approved by a CCW representative. 4. List of parts/components to be replaced 5. Parts/materials mark-up 6. Hourly labor costs, to include Straight Time and Overtime (if approved) Revised 1 1.30.20 Page 1 of 4 7. Equipment replacement cost and lead time for new equipment g. Repairs shall be completed within 10-20 business days of purchase order (PO) release. A PO number will be submitted to the Contractor via email or phone. The Contractor shall notify CCW if repairs will exceed 20 business days. h. All parts shall be equivalent to or better than original equipment manufacturer (OEM) standards. Parts shall be included in the Contractor's warranty period, or manufacturer's warranty. Parts replaced under the Contractor's or manufacturer's warranty will be replaced at no cost for labor or parts. i. The Contractor shall make a reasonable attempt to obtain parts at the lowest possible price. j. All repairs shall be in accordance with current pump and/or motor nameplate data and conditions, drawings, standards and/or OEM specification(s). k. General machine work and/or repair shall consist of, but is not limited to, balancing, welding, straightening, grinding, custom part manufacturing, shaft rebuilding and fabrication, sandblasting, and coating of pump/motor. I. After repairs, the pump and/or motor unit shall be repainted to manufacturer's recommendation and specifications, in a color approved by the CCW point of contact. m. Authorization for work will be sent by CCW Work Coordinator(s) or Utilities Systems Manager to Contractor via email or phone. n. Overtime hours must be authorized in writing by a CCW representative. o. The Contractor shall provide a one-year warranty for workmanship and parts/materials. B. Preventative Maintenance and Inspection a. Using a prioritized list provided by CCW, the Contractor shall provide on-site preventative maintenance and evaluation services of pumps, valves, piping, electrical service, and control equipment using the manufacturer's PM Service Checklist. b. CCW shall remove the pump from and return the pump to service if the results of the evaluation allow it. c. Should the evaluation reveal a deficiency that will require further repair, the Contractor and CCW shall follow the procedures described in Section 4.2.13 - Repairs. d. The results of the evaluation shall be returned to CCW within 3 business days. e. Wear items, seals, O-rings, fluids, and any other parts that must be replaced due to the inspection process are the responsibility of the Contractor. C. Sales / Purchase Revised 1 1.30.20 Page 2 of 4 a. After a cost analysis of the repair estimate/quote and the replacement cost, CCW may elect to purchase a new pump/motor unit. b. The Contractor shall affix a name plate on all new pump/motor unit(s). Name plate data shall include model and serial number, manufacturer, GPM/Head, HP, impeller diameter, RPM, discharge size, and voltage. D. Other Requirements a. The Contractor's facilities may be subject to inspection at any time by a CCW representative. When deemed appropriate, CCW reserves the right to use third party inspection services, at CCW's expense. b. CCW reserves the right to inspect pump and/or motor at any time during the repair. c. The Contractor must be able to provide technical support and on-site training as may be required by CCW. d. CCW reserves the right to audit Contractor's project costs at any time during the contract term. e. CCW's equipment in the Contractor's possession must be properly stored and secured at all times. f. Where applicable, loading / unloading of equipment must be done by Contractor's personnel. 1.3 Work Site and Quantities Lift Station Name Address # of Pumps HP Everhart/Staples 780 Everhart Rd. 2 148 McBride 1200 McBride Ln. 4 100 Plant Name Address # of Pumps HP Oso WWTP 601 Nile Dr. 7 174 1.4 Special Instructions The Contractor's invoice for payment must contain the following information: 1 . Purchase Order (PO) No. 2. Location and Address 3. Model and serial number of equipment 4. Description of service Revised 1 1.30.20 Page 3 of 4 5. Bill of materials 6. The Contractor will be required to attach copies of all invoices for parts/materials (for verification of mark-up %) 7. Total hours billed, itemized by position and hourly rate 8. Shipping costs 9. Authorizing CCW representative 1.5 Contractor Quality Control and Superintendence A. The Contractor shall establish and maintain a complete Quality Control Program to assure that the requirements of the contract are provided as specified. The Contractor will also provide supervision of the work to ensure it complies with the contract requirements. B. The Contractor shall quality inspect pump and motor repairs prior to returning to CCW. Revised 1 1.30.20 Page 4 of 4 ATTACHMENT B: BID/PRICING SCHEDULE opus o CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT U BID FORM ORPORPtE ss�2 RFB No. 6207 KSB Pump and Motor Repairs for CCW 1 , Date: Z Authorized ) �� Bidder: 1 kkM c-:)rL,v i i `} N) g Si nature: Cu' LC �1 E5 i-'V—k)`1 � s 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit 1-Year Unit Price Total Price Qty Labor - Shop Mechanic (ST) 1 M-F 8:OOAM - 5:OOPM HR 150 $ Z0�' '' }-� ® $ G, 2 Labor - Field Tech (ST) HR 30 M-F 8:OOAM - 5:OOPM $ � 'hA $ 5. 5 Estimated Moil % Estimated Spend + Spend Dt ;,a.n�4' Mark Up 3 Parts/Materials EA $150,000.00 % $ Shipping &Transportation EA $20,000.00 $20,000.00 4 Allowance Grand Total $ L ry' r Page 1 of 1 ATTACHMENT C: INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and approved by the City's Risk Manager or designee. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administrator, one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured for the General Liability and Auto Liability policies by endorsement, and a waiver of subrogation 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 AUTOMOBILE LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired & Non-owned 3. Rented & Leased WORKERS' COMPENSATION Statutory Employer's Liability $500,000 / $500,000 / $500,000 WORKERS' COMPENSATION Statutory and complies with Part II of this (All States Endorsement if Company is not Exhibit. domiciled in Texas) Employers Liability $500,000/$500,000/$500,000 PROPERTY COVERAGE $250,000 Per Occurrence *Must Provide Coverage for City of Corpus Christi Property While in Care, Custody or Control. MOTOR TRUCK CARGO (or) $250,000 Combined Single Limit RIP TRANSIT *Must Provide Coverage for City of Corpus Christi Property While in Transport. Page 1 of 3 C. In the event of accidents of any kind related to this project, Consultant must furnish the Risk Manager with copies of all reports of such accidents within 10 days of the accident. II. Additional Requirements - A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverageprovided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. An All States endorsement shall be required if consultant is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit replacement Certificate of Insurance to City at the address provided below within 10 days of any change made by the Contractor or as requested by the City. Contractor shall pay any costs incurred resulting from said changes. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: ■ List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy. ■ Provide for an endorsement that the ''other insurance'' clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; ■ Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and ■ Provide 30 calendar days advance written notice directly to City of any Page 2 of 3 cancellation, non-renewal, material change or termination in coverage and not less than ten calendar days advance written notice for nonpayment of premium. 2. 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. 3. 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 the Consultant hereunder until Contractor demonstrates compliance with the requirements hereof. 4. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. 5. 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. 6. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: No bond requirements, therefore, Agreement Section 5 Insurance; Bond subsection 5(B), is hereby void. 2024 Insurance Requirements Exhibit Contracts for General Services -Services Performed Onsite- Offsite - Motor Truck Cargo- Property Coverage 10/03/2024 Risk Management - Legal Dept. Page 3 of 3 ATTACHMENT D: WARRANTY PAGE The Contractor shall provide a one-year warranty for workmanship and parts/materials. Page 1 of 1 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision —The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cdn.cctexas.com/sites/default/files/CC-Consent-Decree.pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary Page 1 of 2 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article IX of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. Page 2 of 2 SC O F U "NCORPOBAM AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works E rn esto D 2(a)cctexa s.co m (361) 826-1677 Sergio Villasana, Director of Finance & Procurement SergioV2(a)cctexas.com (361) 826-3227 Heavy Equipment Rental for Public Works CAPTION: Motion authorizing the execution of a two-year cooperative service agreement with Closner Equipment Company, Inc., of Schertz, Texas, through the BuyBoard Cooperative, in an amount up to $250,000.00, for heavy equipment rentals including specialty paving equipment to be utilized by Public Works in support of the City's street maintenance and repairs, with FY 2025 funding of $72,916.67 from the Streets Fund. SUMMARY: The motion requests authorization for a two-year service agreement with Closner Equipment Company, Inc., via the BuyBoard Cooperative, for heavy equipment rentals totaling up to $250,000. This equipment, which includes specialty paving equipment such as Asphalt Pavers and Chip Spreaders, will support Public Works projects, with FY 2025 funding of $72,916.67 from the Streets Fund. The rental agreement ensures flexibility, efficiency, and operational reliability, essential for maintaining and improving public infrastructure. BACKGROUND AND FINDINGS: In February 2025, the Public Works department, along with other City departments, submitted a request through Asset Management to purchase additional heavy equipment, including sweepers, chip spreaders, backhoe loaders, and pavers. This equipment purchase is a part of the FY 2025 Budget Initiative. The council approved the request during the meeting of February 25. There is a concern that the seller may take a couple of months to deliver all the newly purchased equipment to the Public Works department. The availability of specialized machinery, including asphalt pavers and chip spreaders, is essential for RPP and skin-patching projects. During this time, if a piece of equipment breaks down, it will have a negative impact on the Street Operation. Crews will need to share the existing equipment among each other, which will lead to an increase in crew downtime, an inability to operate independently, and an impact on their ability to meet project goals. The heavy rental equipment agreement operates on an as-needed basis. The agreement provides crews with immediate access to necessary equipment during unforeseen or emergency situations. Staff Having a blanket rental agreement for all heavy paving equipment can provide peace of mind knowing that crews will have immediate access to well-maintained and in good working condition equipment. This level of support and service can make all the difference in the success of a project. There is a limited number of vendors who are able to supply a large scale of heavy paving equipment that meets Public Works' specific requirements within a timely manner. Staff have reached out to different vendors in Corpus Christi and San Antonio to obtain additional quotes. Staff received one quote from a Corpus Christi vendor, but they were only able to provide some items on the list. The vendors in San Antonio failed to provide a respond. PROCUREMENT DETAIL: This procurement is through the BuyBoard Cooperative. Contracts awarded through the BuyBoard Cooperative have been competitively procured in compliance with local and state procurement requirements. Closner Equipment Company, Inc., under the BuyBoard Cooperative, offers a 10% discount off the published standard rates on equipment rentals. Closner Equipment Company offers the rental of all heavy equipment necessary for Public Works crew on an as-needed basis within a timely manner. To streamline the need for equipment to ensure operational efficiency for the completion of the Rapid Pavement Program, Public Works is requesting to secure this long-term rental agreement with Closner Equipment Company through the BuyBoard Cooperative. In conclusion, further research found that no other BuyBoard or local vendors maintain all required inventory to meet Public Works' operational needs. ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as-needed basis, and increase the time delay due to procurement process which in turn, would reduce the level of response, in some cases, emergency response, to citizens FISCAL IMPACT: The fiscal impact for FY25 is $72,916.67 with funding available in the Street Fund. FUNDING DETAIL: Fund: 1041 Street Fund Organization/Activity: 12430 Surface Preservation Mission Element: n/a Project # (CIP Only): n/a Account: 530160 Rentals RECOMMENDATION: Staff recommends approval of this motion as presented. LIST OF SUPPORTING DOCUMENTS: Purchase Agreement Price Sheet Presentati on City of Corpus Christi Price Sheet Finance & Procurement Heavy Equipment Rental Senior Buyer: Tracy Garza BuyBoard Contract #685-22 Closner Equipment Co., Inc. Shertz, Texas DESCRIPTION TOTAL PRICE *Heavy Equipment Rental $ 240,000.00 **Pick-up and Delivery Allowance $ 5,000.00 Damage and Repairs Allowance $ 5,000.00 TWO-YEAR AMOUNT NOT TO EXCEED $ 250,000.00 *Equipment will be rented either weekly or monthly. The equipment rental rate schedule is attached. **Pick-up/delivery fees will vary depending on equipment size. CLOSNER EQUIPMENT COMPANY INC Weekly Rental Rates on the Rollers (Weekly rates not available on other specified equipment) BRAND MODEL WEEK Dynapac CA6500PD $2,500 Dynapac CC1200 $1,000 Dynapac CC1300 $1,100 Dynapac CC1400 $1,500 Dynapac CC4200 $1,650 Dynapac CC5200 $1,900 Dynapac CC6200 $2,000 Basic 700 $1,000 Dynapac CP142/CP1200 $1,400 Dynapac CP210OW $1,500 Dynapac CP2700 $1,800 Page 2 of 3 CLOSNER EQUIPMENT COMPANY INC BUYBOARD RENTAL RATE SCHEDULE BUYBOARD USERS QUALIFY FOR A 10%RENTAL RATE DISCOUNT OFF THIS SCHEDULE San Antonio&South Texas Area: 21910 FM 2252,Schertz,Texas,78154(210)732-2131 Austin&Central Texas Area:13800 FM 973 North,Manor,Texas,78653(512)272-8200 Dallas&Ft.Worth Area:6532 E State Hwy 114,Rhome,Texas 76078 (817)708-9108 Houston &Katy Area:18851 GH Circle,Waller,Texas 77484(936)262-7299 STANDARD BUYBOARD MONTHLY MONTHLY RENTAL PRICE RENTAL PRICE COMPACTION EQUIPMENT BRAND MODEL 84"SMOOTH VIBRATORY,12 TON DYNAPAC CA6500PD $7,000.00 $6,300.00 47"DOUBLE DRUM,3 TON DYNAPAC CC1200 $2,100.00 $1,890.00 51"DOUBLE DRUM,4.5 TON DYNAPAC CC1300 $2,200.00 $1,980.00 68"DOUBLE DRUM,11 TON DYNAPAC CC4200 $5,300.00 $4,770.00 77"DOUBLE DRUM,12 TON DYNAPAC CC5200 $5,900.00 $5,310.00 84"DOUBLE DRUM,13 TON DYNAPAC CC6200 $6,400.00 $5,760.00 PNEUMATIC,3 TON BASIC 700 $3,900.00 $3,510.00 PNEUMATIC,8 TO 13 TON DYNAPAC CP1200 $3,900.00 $3,510.00 PNEUMATIC,14 TON DYNAPAC CP210OW $5,700.00 $5,130.00 PNEUMATIC,30 TON DYNAPAC CP2700 $6,700.00 $6,030.00 CHIP SPREADER 8'-16'VARIABLE WIDTH CHIP SPREADER IROSCO ICSV $14,000.001 $12,600.00 PAVING PRODUCTS ROTARY BROOM W/CAB&AC" SUPERIOR/ROSCO DT74/RB50 $3,100.00 $2,790.00 8-13 Ft.SMALL PAVER MAULDIN/LEEBOY 650/1000G $6,000.00 $5,400.00 8-15 FT.MID-SIZE PAVER MAULDIN/LEEBOY/CARLSO 1850C/8520/CP100 $12,000.00 $10,800.00 8-15'6"FT.HIGHWAY CLASS PAVER ROADTEC RP170E $20,000.00 $18,000.00 8-15'6"FT.HIGHWAY CLASS PAVER ROADTEC/DYNAPAC RP175E/D25T1D30T $22,000.00 $19,800.00 10-20 FT.HIGHWAY CLASS PAVER ROADTEC RP190/RP195 $24,000.00 $21,600.00 MATERIAL FEEDER DYNAPAC MF2500CS $26,000.00 $23,400.00 SHUTTLE BUGGY ROADTEC SB2500E/SB3000E $32,000.00 $28,800.00 STABILIZERS/RECLAIM ERS LIME/CEMENT STABILIZER ROADTEC SX5E $20,000.00 $18,000.00 LIME/CEMENT STABILIZER ROADTEC SX6E $26,000.00 $23,400.00 LIME/CEMENT STABILIZER ROADTEC SX8E $30,000.00 $27,000.00 MILLS HALF-LANE COLD PLANER,REGULAR DUTY ROADTEC RX505E $23,000.00 $20,700.00 HALF-LANE COLD PLANER,HEAVY DUTY ROADTEC RX600E $26,000.00 $23,400.00 HEAVY DUTY HALF LANE COLD PLANER ROADTEC RX700E $30,000.00 $27,000.00 HEAVY DUTY HALF TO FULL LANE COLD PLANER ROADTEC RX900E MGMT MGMT SWEEPER TRUCKS MECHANICAL-ISUZU CHASSIS STEWARTAMOS STARFIRE S-4C $9,000.00 $8,100.00 MECHANICAL-ISUZU CHASSIS STEWARTAMOS STARFIRE S-4XL $10,000.00 $9,000.00 REGENERATIVE-ISUZU CHASSIS STEWARTAMOS GALAXY R-6 $10,000.00 $9,000.00 Page 3 of 3 ,bus c.� G� pk H CO-OPERATIVE PURCHASE AGREEMENT NO. 6284 U Heavy Equipment Rental for Public Works "oeroRn�� 1852 THIS Heavy Equipment Rental Co-operative Purchase Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Closner Equipment Co., Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). 1. Co-operative Agreement. Contractor has agreed to provide Heavy Equipment Rental in accordance with its agreement with BuyBoard Contract #685-22 (the "Co-operative Agreement"), which is incorporated by reference herein as if set out here in its entirety. In the event of a conflict between this Agreement and the Co-operative Agreement, this Agreement shall govern to the extent allowed by the Co-operative Agreement. 2. Scope. Contractor will provide Heavy Equipment Rental in accordance with the attached Statement of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. 3. Term. The Term of this Agreement is two years beginning on the date provided in the Notice to Proceed from 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. 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. 4. Compensation and Payment. This Agreement is for an amount not to exceed $250,000.00, subject to approved amendments and changes. All pricing must be in accordance with the attached Quote, 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. Invoices must be mailed to the following address: Co-operative Purchase Agreement Standard Form Page 1 of 3 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 5. 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: Velma Pena Title: Contracts/Funds Administrator Address: 2525 Hygeia Street, Corpus Christi, Texas 78415 Phone: 361-826-1933 Fax: 361-826-1671 IF TO CONTRACTOR: Closner Equipment Co., Inc. Attn: Scott Lindner Title: South Texas Sales Address: 21910 FM 2252, Schertz, Texas 78154 Phone: 210-430-3979 Fax: N/A 6. Entire Agreement. This Agreement, along with the Co-operative Agreement, constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. [Signature Page Follows] Co-operative Purchase Agreement Standard Form Page 2 of 3 CONTRACTOR scot <«Mia- Signature: ,,,i I indnar(MAr 17.7n)S,F.nR rr)T, Printed Name: Scott Lindner Title: South Texas Sales Date: 03/17/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Incorporated by Reference Only: Co-operative Agreement: BuyBoard #685-22 Co-operative Purchase Agreement Standard Form Page 3 of 3 ATTACHMENT A: SCOPE OF WORK General Requirements: The Contractor shall provide rental equipment for the Corpus Christi Public Works Department as follows: compaction equipment, chip spreader, paving products, stabilizers/reclaimers, mills, and sweeper trucks. The equipment rentals will be on an as- needed basis. Equipment Condition: A. Any equipment rented shall be guaranteed fully functional and capable of performing the task(s) it was designed to perform under the manufacturer's guidelines. All safety equipment and all associated attachments shall be in place and functioning per the manufacturer's design. Any equipment not functioning properly, or becoming non-functional during operation, shall be picked up and replaced by the Supplier at no additional charge to Corpus Christi Public Works Department during the rental period. Repairs not caused by the misuse of the equipment shall be provided at no additional cost to the Corpus Christi Public Works Department. B. Rental equipment will be insured for each rental period by the City of Corpus Christi through the Texas Municipal League's Intergovernmental Risk Pool (TML-IRP) schedule. The Contractor shall fully complete a TML-IRP Schedule Change Request Form, Exhibit 1 (which is attached to this Attachment A and incorporated by reference) to include the year, make/model, value, serial VIN/ID number, and the loss payee's contact information for each item rented and in advance of the rental period. The Contractor is obligated to return each completed form to the Contract Administrator. C. At the time Corpus Christi Public Works Department takes possession of the equipment, the Contractor shall provide information regarding the current condition and any visual, pre-existing damage to the equipment. The Corpus Christi Public Works Department and the Contractor will review the equipment condition at the point of delivery as well as at the point of return. No rental fees shall be charged to Corpus Christi Public Works Department without the signed receipt of acceptance of the equipment. Delivery: A. The Contractorwill be responsible for the equipment's delivery, set-up, and pickup. Timely delivery is important to the daily operations of the Corpus Christi Public Works Department. B. Equipment delivery shall occur Monday through Friday, from 7:00 AM to 5:00 PM, and delivered to various locations within the City. Page 1 of 2 Invoicing: A. The Contractor shall mail the original itemized invoice to the address below: City of Corpus Christi Accounts Payable P.O. Box 9277 Corpus Christi, TX 78469-9277 B. Itemized invoice shall contain the following: 1 ) Service Agreement and Purchase Order (PO) number 2) Point of Contact for location 3) Location/Address of delivery/pickup 4) Manufacturer/Model/Serial Number of equipment Page 2 of 2 TO: Texas Municipal League Intergovernmental Risk Pool EXHIBIT 1 Underwriting Department vv P.O.Box xas78 SCHEDULE CHANGE REQUEST Austin,Texas 78714-9194 TML (800)537-6655 PHI(512)491-2404 FAX INTERGOVERNMENTAL RISK POOL Entity Name: Entity ID: Requested By(Name&Title): Phone: VEHICLE • • - ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make: Model: (Name/Address): VIN: Department: Secondary ID*: Gross Vehicle Weight: Leased Vehicle: ❑ Yes ❑ No Emergency Use: ❑Yes ❑ No (Vehicles equipped with emergency lighting,i.e,Police,Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage Coverage, (OCN) (ACV) (AV) provide the value including mounted $ $ $ equipment(light bars, radios,etc.). ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make: Model: (Name/Address): VIN: Department: Secondary ID*: Gross Vehicle Weight: Leased Vehicle: ❑ Yes ❑ No Emergency Use: ❑Yes ❑ No (Vehicles equipped with emergency lighting,i.e,Police,Fire,Ambulance) Value: Original Cost New Actual Cash Value Agreed Value Loan Maturity Date: (For Automobile Physical Damage Coverage, (OCN) (ACV) (AV) provide the value including mounted $ $ $ equipment(light bars, radios,etc.). MOBILE • ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (Name/Address): Value: $ Secondary ID:* Serial No.: Department: Loan Maturity Date: ❑ Addition ❑ Deletion ❑ Change Effective Date: Loss payee,Lessor,Lien Holder Year: Make/Model: (Name/Address): Value: $ Secondary ID:* Serial No.: Department: Loan Maturity Date: *Secondary ID: Entity's own identification AUTOMOBILE means a landmotor vehicle,trailer, or semi-trailer designed for travel on public roads(including any machinery,equipment,tools,or apparatus attached thereto and not intended to be removed or used off of or away from the vehicle),but does not include mobile equipment. MOBILE EQUIPMENT: Bulldozers,farm machinery,forklifts,and other vehicles designed for use principally off public roads; Vehicles maintained for use solely on or next to premises owned by or rented to the Member and not licensed for highway use; Vehicles that travel on crawler treads; Vehicles,whether self-propelled or not,maintained primarily to provide mobility to permanently mounted:a.Power cranes,shovels,loaders,diggers, or drills;or b.Road construction or resurfacing equipment such as graders,scrapers,or rollers. X107 This Form is Available at www.tmlirp.org. 03/08/11 ATTACHMENT B: BID/PRICING SCHEDULE DESCRIPTION TOTAL Equipment Rental - BuyBoard #685-22 BuyBoard Rental Rate Schedule attached $ 240,000.00 Pickup and Delivery Allowance $ 5,000.00 Damage/Repairs Allowance $ 5,000.00 Not to Exceed Amount $ 250,000.00 Page 1 of 3 CLOSNER EQUIPMENT COMPANY INC Weekly Rental Rates on the Rollers (Weekly rates not available on other specified equipment) BRAND MODEL WEEK Dynapac CA6500PD $2,500 Dynapac CC1200 $1,000 Dynapac CC1300 $1,100 Dynapac CC1400 $1,500 Dynapac CC4200 $1,650 Dynapac CC5200 $1,900 Dynapac CC6200 $2,000 Basic 700 $1,000 Dynapac CP142/CP1200 $1,400 Dynapac CP2100W $1,500 Dynapac CP2700 $1,800 Page 2 of 3 CLOSNER EQUIPMENT COMPANY INC BUYBOARD RENTAL RATE SCHEDULE BUYBOARD USERS QUALIFY FOR A 10% RENTAL RATE DISCOUNT OFF THIS SCHEDULE San Antonio&South Texas Area: 21910 FM 2252,Schanz,Texas,78154(210)732-2131 Austin&Central Texas Area:13800 FM 973 North,Manor,Texas,78653(512)272-8200 Dallas&Ft.Worth Area:6532 E State Hwy 114,Rhome,Texas 76078 (817)708-9108 Houston &Katy Area:18851 GH Circle,Waller,Texas 77484(936)262-7299 STANDARD BUYBOARD MONTHLY MONTHLY RENTAL PRICE RENTAL PRICE COMPACTION EQUIPMENT BRAND MODEL 84"SMOOTH VIBRATORY,12 TON DYNAPAC CA6500PD $7,000.00 $6,300.00 47"DOUBLE DRUM,3 TON DYNAPAC CC1200 $2,100.00 $1,890.00 51"DOUBLE DRUM,4.5 TON DYNAPAC CC1300 $2,200.00 $1,980.00 68"DOUBLE DRUM,11 TON DYNAPAC CC4200 $5,300.00 $4,770.00 77"DOUBLE DRUM,12 TON DYNAPAC CC5200 $5,900.00 $5,310.00 84"DOUBLE DRUM,13 TON DYNAPAC CC6200 $6,400.00 $5,760.00 PNEUMATIC,3 TON BASIC 700 $3,900.00 $3,510.00 PNEUMATIC,8 TO 13 TON DYNAPAC CP1200 $3,900.00 $3,510.00 PNEUMATIC,14 TON DYNAPAC CP2100W $5,700.00 $5,130.00 PNEUMATIC,30 TON DYNAPAC CP2700 $6,700.00 $6,030.00 CHIP SPREADER 8'-16'VARIABLE WIDTH CHIP SPREADER ROSCO ICSV 1 $14,000.001 $12,600.00 PAVING PRODUCTS ROTARY BROOM W/CAB&AC* SUPERIOR/ROSCO DT74/RB50 $3,100.00 $2,790.00I 8-13 Ft.SMALL PAVER MAULDIN/LEEBOY 650/1000G $6,000.00 $5,400.001 8-15 FT.MID-SIZE PAVER MAU LDI N/LEEBOY/CARLSO 1850C/8520/CP100 $12,000.00 $10,800.00 8-15'6"FT.HIGHWAY CLASS PAVER ROADTEC RP170E $20,000.00 $18,000.00 8-166"FT.HIGHWAY CLASS PAVER ROADTEC/DYNAPAC RP175E/D25T/D30T $22,000.00 $19,800,00 10-20 FT.HIGHWAY CLASS PAVER ROADTEC RP190/RP195 $24,000.00 $21,600.00 MATERIAL FEEDER DYNAPAC MF2500CS $26,000.00 $23,400.00 SHUTTLE BUGGY ROADTEC SB2500E/SB3000E $32,000.00 $28,800.00 STABILIZERS/RECLAIM ERS LIME/CEMENT STABILIZER ROADTEC SX5E $20,000.00 $18,000.00 LIME/CEMENT STABILIZER ROADTEC SX6E $26,000.00 $23,400.00 LIME/CEMENT STABILIZER ROADTEC SX8E $30,000.00 $27,000.00 MILLS HALF-LANE COLD PLANER,REGULAR DUTY ROADTEC RX505E $23,000.00 $20,700.00 HALF-LANE COLD PLANER,HEAVY DUTY ROADTEC RX600E $26,000.00 $23,400.00 HEAVY DUTY HALF LANE COLD PLANER ROADTEC RX700E $30,000.00 $27,000.00 HEAVY DUTY HALF TO FULL LANE COLD PLANER ROADTEC RX900E MGMT MGMT SWEEPER TRUCKS MECHANICAL-ISUZU CHASSIS STEWARTAMOS STARFIRE S-4C $9,000.00 $8,100.00 MECHANICAL-ISUZU CHASSIS STEWARTAMOS STARFIRE S-4XL $10,000.00 $9,000.00 REGENERATIVE-ISUZU CHASSIS STEWARTAMOS GALAXY R-6 $10,000.00 $9,000.00 Page 3 of 3 .bus cr� 0 0 F U NCONPOROS 1852 AGENDA EMORANDUM Action Item for the City Council Meeting March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager FROM: Juan Rivera, Interim Director of Asset Management 0uanr7(a)cctexas.com (361) 826-3273 Charles Mendoza, Assistant Director Asset Management charlesm2(u-)cctexas.com (361) 826-1941 Sergio Villasana, Director of Finance & Procurement sergiov2a-cctexas.com (361) 826-3227 Construction Services Contract City Hall Security Gate CAPTION: Motion authorizing execution of a seven-month cooperative service agreement with Alamo Enterprises, dba Al Facility Services, of San Antonio, Texas, through the TIPS Cooperative, for fabrication and installation of the City Hall Staples Street automated security gate for the Asset Management Department, in an amount up to $210,979.38, with FY 2025 funding from the Facility Maintenance Certificate of Obligation fund. SUMMARY: This motion approves a seven-month agreement with Alamo Enterprises, dba Al Facility Services, through the TIPS Cooperative to provide construction services for the fabrication and installation of the City Hall Staples Street entrance automated security gate, located at 1201 Leopard Street. BACKGROUND AND PURPOSE: In FY 2020, the Asset Management Department began the first of four construction phases to install security fencing and gates at City Hall. This project aims to establish a perimeter security fencing system to secure City Hall properly. G6 Construction Services executed Phase 1 with a contract amount of$137,478.00,funding it through Asset Management's operational budget. The project included 1,200 Linear Feet (LF) of security fencing with two rolling gates and reached completion in August 2020. D&C Fence Company executed Phase 2 with a contract amount of $81,381, also funded through Asset Management's operational budget. This phase included 600 LF of security fencing with one rolling gate and concluded in May 2021. A-to-Z Concrete and Fence LLC executed Phase 3 with a contract amount of $77,078, funded by Certificates of Obligation.This phase involved 720 LF of security fencing with one rolling gate and concluded in December 2021. S&J Fence Co. executed Phase 4, Part 1 (security fencing) with a contract amount of$21,300.00, funding it through Asset Management's operational budget. This phase included 230 LF of security fencing with one security swing gate and reached completion in June 2024. Phase 4, Part 2 (gate) will feature a new automated swing gate, with anticipated completion by December 2025 through the proposed agreement with Al Facility Services. The project scope for the new automated security swing gate includes constructing brick columns, installing a new dual automated swing bronze ornamental vehicle entrance gate with swing operators, and adding a pedestrian gate. During construction, the City will close the City Hall Staples Street entrance. The contractor will install traffic control devices to secure the construction area and place detour signs to direct traffic to the Lipan Street or Leopard Street entrances. The project is estimated to last seven months. Below is an aerial map that illustrates the four different phases of this project. LEOPARD ST �c - z rs � Legend c Phase 1 Phase 2 �A Phase 3 Phase 4 ExistingGate k F' L PA,, ST After completing the project's fourth and final phase, the City Hall security gates will remain open during the business hours of 6:00 A.M. to 8:00 P.M., Monday through Friday. The City Hall security gates will be closed outside those hours, including weekends and holidays. During closure hours, access to the City Hall parking lot will be available through City-issued badges. Before implementing gate closures, the Asset Management Department will coordinate with the IT and Communications Departments to publish closure hours on the City's website and social media, encouraging visitors and employees to plan accordingly. Additionally, the City will coordinate with external partners to maintain access to the City Hall parking lot for special events, as has been done in the past. It has been discussed and agreed with the security team at City Hall; the security team is hereby designated as responsible for the opening and closing of the gates. PROJECT TIMELINE: The project schedule reflects award in April 2025 with an anticipated completion date by the end of December 2025. ScheduleProject May 2025— November 2025 Construction December 2025 Estimated Completion PROCUREMENT DETAIL: The City of Corpus Christi issued a Request for Bids (RFB) for the City Hall Main Gate project in August 2024. The solicitation was advertised on the Supplier Portal, a widely used platform for commercial bid advertisements across the United States. A total of 335 notifications were sent to suppliers matching the relevant commodity code, which Procurement uses to identify contractors capable of providing the required goods or services. However, no firms submitted bid responses for the City Hall Automated Main Gate project. Asset Management reached out to local contractors in an effort to secure bids for the project. As part of these efforts, Asset Management invited AM Services and Mako Contracting to attend the on-site pre-bid conference scheduled; however, neither company attended or submitted a bid. The pre-bid conference proceeded with only D&C Fence Company in attendance, but they also did not submit a bid. Finally, Asset Management contacted Marshall Company, who declined to bid on the project. Following the lack of bids from local companies, Asset Management collaborated with Contracts and Procurement to explore Cooperative Purchase programs for potential contractors or vendors. Contracts awarded through these programs comply with local and state procurement requirements and have been competitively procured. Through the TIPS Cooperative, Al Facility Services was identified as a qualified contractor capable of meeting the project's scope. Al Facility Services is a multi-trade company specializing in construction, environmental projects, demolition, emergency response, disaster recovery, remediation, stormwater management, oil field services, wind farm services, and specialized trucking. They have also installed fencing and gates for IDEA Public Schools and for TxDOT. After identifying Al Facility Services as a qualified contractor capable of meeting the project's scope, City staff reached out to them to assess their interest and true capability to complete the project. In response, the company submitted a proposal. City staff was satisfied with their proposal, especially since Al Facility Services has over 28 years of experience and has successfully completed many similar-sized projects. The table below provides a list of notable, similar projects that Al Facility Services has completed in the past three years. Project Total Cost Hidalgo County Elections Renovations (Hidalgo County) $1,578,942 Health Department Exterior Paint $55,225 (Hidalgo County Health Department) San Benito Vestibules $510,000 (San Benito CISD) Harlingen Library Reroof (City of Harlingen) $328,346 ALTERNATIVES: The alternative is not to approve the proposed agreement. However, doing so would delay the completion of the City Hall Automated Security Gate Project. This will result in further compromising security for City Hall visitors and employees. It will also result in the cost of the project increasing likely due to inflation. FISCAL IMPACT: The fiscal impact for FY 2025 is an amount up to $210,979.38, with funds available from the Facility Maintenance Certificate of Obligation. FUNDING DETAIL: Fund: 3167-2022 COFacMntCIP Department: 12-Facilities Organization: 89-Grants& Capital Project Funds Project: 21023 - City Hall Main Gate Account: 530210— Building Maint & Service Activity: 210233167 EXP Amount: $210,979.38 RECOMMENDATION: Staff recommends approval of the execution of a seven-month agreement with Alamo Enterprises, dba Al Facility Services, of San Antonio, Texas, through the TIPS Cooperative, for fabrication and installation of the City Hall Staples Street security gate, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# 21023 Project Name City Hall Fencing and Gates Type hnprovement/Additions Department Public Facilities , f Useful Life 20 years Contact Director of Asset Management Category Building Rehabilitation Priority Priority Level 1 Council District 1 II Status Active Description The installation of a 6 foot fence along the corner of City Hall from the Leopard entrance to Sam Rankin Rd and from the northwest of Sam Rankin to Lipan,and from Lipan to the first parking lot access has been completed.Remaining portion of this project is the installation of one main gate and two additional gates.The main gate will be on the Staple St side;this main gate will also include ADA access on the main gate as well as modification to the sidewalks and parking lot.A second gate will be on Lipan St,and the third gate will be on Leopard St. Justification The project is required to enforce security measures around City Hall that will improve the condition of common areas,landscaping and enhance the safety of patrons and employees. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 292,560 292,560 Design 49,372 49,372 Contingency 15,500 15,500 Eng,Admin Reimbursements 30,666 30,666 Total 388,098 388,098 Funding Sources Prior Years 2025 2026 2027 Total Certificates of Obligation(Prior) 388,098 388,098 Total 388,098 388,098 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 156 se V4 H SERVICE AGREEMENT NO. 6023 V City Hall Main Gate N0 B70N Pf Y852 THIS City Hall Main Gate Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Alamo Environmental, Inc., dba Al Facility Services ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide City Hall Main Gate in response to Request for Bid/Proposal No. TIPS 241001 ("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 City Hall Main Gate ("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 seven months beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $210,979.38, subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Magdalena Alaniz Asset Management-General Services Department Phone: 361-826-3557 Email: Magdalenaa@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 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. Contractors may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 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: Magdalena Alaniz Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 Asset Management-General Services Department Address: 1201 Leopard St., Corpus Christi, TX 78401 Phone: 361-826-3557 Fax: 361-826-4342 IF TO CONTRACTOR: Alamo environmental, Inc., dba Al Facility Services Attn: J. Alex Salas CEO 2900 Nacogdoches Rd , San Antonio, TX 78217 Phone: 210-404-1220 Fax: 210-820-3636 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. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 (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. 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 Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 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. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 CONTRACTOR J.Alex Salas Signature- 1.Alex Salas(Mar 3,2025 14:25 CST) Printed Name: J• Alex Salas Title. CEO Date: 03/03/2025 CITY OF CORPUS CHRISTI Sergio Villasana Director, Finance & Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. TIPS 241001 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 General Requirements/Background Information A. The Contractor shall provide contract services for City Hall Main Gate. The Contractor shall have enough competent, responsible, trained personnel qualified to provide the required services. The building address is as follows. B. The Contractor shall provide all supervision, labor, transportation, tools, materials, and equipment necessary for the completion of services. All services must be performed in accordance with federal, state, local building codes and OSHA safety requirements, including but not limited to IBC 2022, ICC 2021 . C. The Contractor will provide a working schedule no more than 5 days from the Notice to Proceed, to include days and times. Changes to work schedule must be communicated in writing by the Contractor to the Project Manager in a timely manner. D. The Contractor is responsible for submitting all product specifications for City Project Manager to review and approve prior to purchase and installation no more than 15 days after the issuance of the Notice to Proceed. Allow 14 business days for City submittal review. Address 1201 Leopard St. Corpus Christi, TX 78415 Project Duration/ Project Completion Duration/Completion Date will be 210 Calendar Days beginning the day of receiving the Notice to Proceed. Project Duration includes material lead time, construction time, anticipated weather delays, inspection days, permit acquisition days, and completion of punch list items. All items must be completed on, or prior to the Completion Date. Utility Locate The Contractor is responsible for line locating prior to work commencing. The Contractor will need a dig permit via 811 Texas Dig prior to any scheduled work. A copy of the dig permit will be given to the City Project Manager for review and for recording keeping. No work is to be done until lines have been cleared and/or located. The contractor is expected to proceed with caution. Main Gate and Pedestrian Gate A.The Contractor will furnish and install a swing gate (two leaf's) spanning approximately 28 feet (approx. 14' ea. Leaf), furnish and install a pedestrian gate (approx. 39"). On-site field verification will need to be done at the responsibility of the Contractor. Page 1 of 6 B. The Contractor will provide gate shop drawing submittals from the manufacturer with the listed specifications. Double Swing Gate must include the following minimum specifications: 1 . Aluminum tubing to match existing fence 2. Welded bottom frame, welded horizontal and uprights 3. Left and right leaf frames will be approximately 163" - 167" 4. Imperial with extended puppy pickets range from "68" -88" 5. Decorative Fencing adornments, Style: Tri Finial 6. 1 " x 1 " Pickets 7. Block Hinges-HINGES MUST CONFORM FOR USE OF DISIMILAR METALS. COORDINATE HINGE TYPE WITH GATE MANUFACTURE. 8. Top and Bottom rings 9. Finish color: Light Bronze 10.32" in diameter plate with Cut Out Letters, "CORPUS CHRISTI CITY HALL" C.The Contractor will furnish and install stainless steel passage accessible door handles and double cylinder dead bolts to pedestrian gate. The Contractor will provide submittal sheets and specifications on hardware prior to purchase. D.The Contractor will furnish the swing gate and pedestrian gate to specifications listed on the referenced Exhibit 2. Gate shop drawings with specifications will need to be submitted for review and approval before fabrication. E. The Contractor is responsible for coordinating location of gate hinges with both the gate manufacturer and masonry contractor. F. The Contractor will furnish and install remaining fence panels that will attach to the structural columns of the swing gate. City Hall Structural Column and Fence A.The Contractor will construct two brick veneer columns, furnish and install remaining fence panels attaching to columns and end post. On-site field verification will need to be done at the responsibility of the Contractor. B. Columns will be located approximately 80 feet from the curb of Staples Street into Mestina Street. See Site Plan. C. The Contractor will follow design criteria for structural, foundation, and structural listed in the General Structure Notes. See Exhibit 1 . D. The Contractor will follow scope for demolition and foundation notes listed in the General Structure Notes. See Exhibit 1 . Page 2 of 6 E. The Contractor is responsible for procuring third-party verification and inspections of the soil, anchors, concrete construction, and steel construction. F. The Contractor will furnish and install remaining fence panels. The fence panels will match in properties of the existing fence (original fence, ALUMI-GUARD). G. Fence must include the following minimum specifications: 1 . Aluminum tubing (post wall thickness 0.125"). to match existing fence. 2. Six feet in height to match existing fence. 3. Municipal Square tubing for posts with Pyramid Caps 4. Decorative Fencing adornments, Style: Tri Finial 5. Rings in panels 6. Finish color: Light Bronze 7. Panels will match Victoria style fence panels. 8. 36" Concrete footings (3000psi) H.The Contractor will provide fence shop drawings with specifications for review and approval before fabrication. I. The Contractor will construct two structural columns approximately six feet in height. The columns and footings will follow per the structural design plans. See Exhibit 1 and Exhibit 2. J. Column structural support will be standard six-inch (STD. 6" o) steel pipe, hot dipped galvanized. WT7 beams will be welded to steel pipe. The contractor will need to coordinate welds with gate manufacturer. The Contractor will need to verify hinge type to protect against dissimilar metals. K. The structural columns will have a brick face finish. The following minimum specifications for the brick are as follows: 1 . The face brick will be modular in size (2.25" x 3.625" x 7.625") and conform to the requirements of ASTM C 216 or C 652, Grade SW. 2. The face brick color on columns is to match City Hall colors. A sample brick will be provided to the City. 3. Neatly tool brick joints to form a concave profile when mortar is thumbprint hard. Mortar color to be determined. 4. The base of columns must have base flashing and weep holes. 5. Brick submittal will be provided prior to purchase. L. The structural columns will each have a 22"x22" square pyramidal column cap. Standard Buff 2 Limestone, Honed-smooth non-shiny top finish. Reference column Page 3 of 6 cap similar to image found in Exhibit 2. The Contractor will provide shop drawing, cut sheets, specifications for cap stone. See Architectural Sheets. M. The structural columns will each have an embedded stone address plaque with the following information: Corpus Christi City Hall, 1201 Leopard St. Corpus Christi, TX 78401, Established in 1852. See Architectural Sheets. N. The Contractor will remove and replace approximately 120 sq-ft section of concrete sidewalk or more as necessary to provide a finished appearance to the existing sidewalk after installation of columns. Where existing asphalt and concrete are to be cut, these cuts must be made vertical and straight while being cut with a saw. O. The Contractor will rebuild section of sidewalk into landscape on the pedestrian gate side. The new section of sidewalk will have a curved kickout appearance. The Contractor will field verify dimension. The landscape that has been disturbed must be returned to a clean appearance matching conditions prior to the modifications. Sprinkler head(s) and line will need to be relocated during the reconstruction of the sidewalk. P. The Contractor is responsible for line locating prior to installation. The Contractor will need a dig permit via 811 Texas Dig prior to any scheduled work. A copy of the dig permit will be given to the City Project Manager for review and for recording keeping. No work is to be done until lines have been cleared and/or located. The Contractor is expected to proceed with caution. Q. The existing utilities within the project area have not been identified. The accuracy and completeness of such information is not guaranteed. It is the Contractor's sole and complete responsibility to locate all underground utilities and structures sufficiently in advance of trenching and excavation operations to avoid damaging existing utilities or causing unnecessary delays. Immediately notify the City's Project Manager of any conflicts. R. The Contractor shall contact the appropriate utility owner to adjust or relocate utilities that will interfere with the proposed improvements. This includes, but is not limited to, existing gas lines, product pipelines, fiber optic lines, utility poles, telephone/cable pedestals, electrical duct banks, junction boxes, etc. Where feasible, these existing utilities should be adjusted or relocated prior to beginning work on the affected construction phase. Existing waterlines and wastewater lines that interfere with the proposed improvements must be relocated by the Contractor and coordinated with the City. S. No open excavation is to be left overnight. T. The Contractor will provide at minimum a weeks' notice before scheduling any work at City Hall and obtain approval from the City's Project Manager. Page 4 of 6 U.The Contractor shall bring up any concerns or obstructions that could pose an issue to the City Project Manager. V. The Contractor shall field verify all measurements, quantities, and perform a site inspection with the City Project Manager. W. The Contractor shall have Superintendent or Foreman on-site for the duration of the project. The Superintendent or Foreman is to be present during all third-party verification and inspections. X. The Contractor will provide warranty letters including manufacture warranty on all parts and materials used on project, and applicable O&M's no more than 5 days from the completion date. Site Management A. The Contractor will place Type 1 A-Frame barricades to close off section of Mestina Street along Staples Street side to opening of East side Parking lot. This must be done after hours prior to the first day of work and/or mobilization. See site plan, Exhibit 3. B. The Contractor will provide (2) "STREET CLOSED" signs, and (2) "No Entry" sign to be placed at areas marked on site plan, Exhibit 3. C. The Contractor will need to request a minimum of 5 days' notice for any intermittent closure of parking spaces. D. Closed off areas (Mestina Street) will and can be used for stagging of equipment and material. See site plan, Exhibit 3. E. The Contractor will provide, in addition to barricades, temporary chain link panels at the ends of the construction area and staging area. See Image #1 below. F. The Contractor will keep the construction area orderly and neat daily. Daily clean- up is required. All construction waste must be properly and legally disposed of. G. Site must be kept safe from public harm or injuries from occurring. H. Designated parking must be made to the contractor at the discretion of the City's Project Manager. I. The Contractor will have the company name or logo on the work vehicles while on site. J. The Contractor will be responsible for repairing property damages sustained from related work. K. The City is not responsible for equipment or material theft while on City Property. The contractor is responsible for securing valuables. Page 5 of 6 Special Instruction A.The Contractor shall report to the City's Project Manager or designee at the location upon arrival per scheduled time. B. Any unauthorized changes or services performed by the Contractor will be at the responsibility of the Contractor and not Asset Management-Facility Maintenance. C.This work can be done on Holidays, weekends, after hours, as well as normal working hours (Monday to Friday, 8am to 5pm). D.The Contractor shall clean and haul away all debris. E. Communication During Project: City's Project Manager is to be the first point of contact for all parties on matters concerning this project. F. The Contractor is responsible for acquiring the appropriate equipment and ensure proper PPE is worn for the above services listed. G. The Contractor will schedule and perform walk through with Customer and Asset Management Project Manager at substantial completion for sign-off by all parties. H.The Contractor is responsible for completing punch list item(s) in a timely manner and prior to the project contract completion date. Invoicing The Contractor shall submit invoice for services to the City. Invoice shall include work description, purchase order number, service agreement number, location and date of Service(s), labor hours, and receipts for all material. A. Approval for payment must be authorized by the City's Contract Administrator or City's Project Manager. B. No Progress Payments allowed. Plans A. STRUCTURAL Plans (Exhibit 1) B. ARCHITECTURAL PLANS(Exhibit 2) C.SITE & TRAFFIC PLAN (Exhibit 3) Page 6 of 6 Exh*b*t I GENERAL STRUCTURAL NOTES CONSULTANT SHEET S1.1 ­MMN N-1—­ 06/C�/2024 ...... 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SHT TOTAL w 3 3 rJ sm:is oanwwc No. \,IL 2S-68870b Exhibit 2 DATE PYRAIWDALCOLUMN CAP P11i r r ` wsmn 10 o Pyramidal Column Cap-Style P117 _ (1PVRAMIDAL COLUMN CAP REFERENCE IMAGE X d= '�X�s ALE_NONE L 104" � �2�SCHEMATIC DESIGN �� CUTOUT LETTERS: "CORPUS CHRISTI a CITY HALL". j SEE SHEET NO.2, 0 Corpus Christi City Hall ®® ti Q w o w � 1201 Leopard St 1 w Corpus Christi,TX 78401 �0 I� w Established In ULM 1852 --PAPo(MGL INGATEAp 9fTTOTPI /V KEY PLAN T6MA SCALE:NONE —PHJ—ALES �. ORAIMNgO 4 iSsuECFax DATE PRIDNER ��@@ CCNSlRMQi 0000 — gg 0 zu Qo NORTH COLUMN ELEVATION COLUMN ELEVATION NORTH COLUMN ELEVATION PUBLIC SIDE HINGE SIDE WITH PEDESTRIAN GATE 1 ARCHITECTURAL REFERENCE FOR FACE BRICK &ADDRESS PLAQUE X SCALE:NONE Lu Hz� R o rm ro FENCE SEE FENCE Q — a SPECIFICATIONS o J o ssa 25.25.125-w TED UPRIGHTS 2-2—1- I I-a z —DED U-FRAME u-,21 11 AwIiNUM —7 WELUEU BOFfOM FRAME REQUIRES FELD 2-2—125' q VERIFICATION REQUIRES FIELD VERIFICATION WELDED HORIZONTAL SHTNO SHTTOFN_ 2 ARCHITECTURAL REFERENCE FOR MAIN GATE&COLUMNS 2 2 of ScAtE.NONE IIIIII ARM J1 Exhibit 3 0 0 0 - -- 0 0 -- o ® �xx 0 o z 0 o wooer o '>�,u TYPE"V -FRAME ou B�HiCADES a I ID O ST U TI AREA C) Cal o" UFw NEW FENCE PANELS TIE INTO e EXISTING I NEW FENCE a PANELS TIE INTO F' a EXISTING U o co � D Z ti 1 TYPE"1"A-FRAME z U ICADES o Q LL STREET CLOSED 1 1 STAPLES STREET i I Facility 13 services March 18, 2025 Magdalena Alaniz Sr. Project Manager City of Corpus Christi Department of Asset Management 1201 Leopard St. Corpus Christi TX 78401 RE: City of Corpus Christi — Construction of Aluminum Fencing and Gate—revised TIPS RCS 241001 Dear Mrs. Alaniz, Al Facility Services is pleased to provide pricing for the following: I. SCOPE OF WORK: • Al Facility Services proposes to provide all labor, materials, insurance, equipment and supervision to perform the following scope of work: MAIN GATE Furnish and install one (1) double drive gate PEDESTRIAN GATE Furnish and install one (1) swing gate for pedestrian access FENCE Furnish and install approx. 28 LF of aluminum fence BRICK COLUMNS Furnish and install double brick columns Install sidewalk for pedestrian gate Provide temporary fencing Clean and remove all debris from site. ELECTRICAL Electrical Engineering for Gate Ckt Install 2 Swing Operators Liftmaster HDSW24UL Saw Cut & Break Concrete &Asphalt Approx 140', Patch Asphalt& Concrete Extend 1-20amp Ckt from Existing Panel Install Empty Conduits for Access Control, Install 1 Exit Probe Normal Working Hours Mon-Fri Follow NEC & Local Electrical Codes Daily Trash Clean-up 7001 N. 10th Street, Suite E, McAllen TX United States 78504 PH. 956-322-1886 1 Toll Free Fax: 800-322-5086 i I Facility 13 Services Comply With Safety Rules & Regulations Not Included: Anything Not Listed Above, Painting of Exposed Surfaces, Site Fencing & Protection, Lab Testing, Structural Engineering BOLLARD Install four (x4)—stainless steel 4" bollards, 7 feet long, cement filled. II. PROCEDURES: • All work to be performed per all local, state and federal guidelines. • Al Facility Services assumes power and water to be provided by the owner. • Utility disconnects if required to be performed by others. III. SCHEDULING: We propose to perform the above-listed scope of work within 7 months. IV. PRICING: Lump sum price $ 205,979.38 + $5,000 Contingency, if needed Grand Total $ 210,979.38 As per TIPS RCSP 241001 Price is based on current commodity pricing and is subject to change based on supplier pricing and availability. This proposal is valid for 30 days. If you should have any questions or need additional information, please do not hesitate to contact me via cell phone or email. Thank you, Rokv Z' Z Robert L. Lopez Project Manager Al Facility Services 7001 N. 10th Street, Suite E, McAllen TX United States 78504 PH. 956-322-1886 1 Toll Free Fax: 800-322-5086 Attachment C: Insurance and Bond Requirements A. CONTRACTOR'S LIABILITY INSURANCE 1 . 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. 2. 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 $1 ,000,000 Per Occurrence Including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $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 3. 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. B. 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 Page 1 of 3 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. 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 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 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, 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. 5. 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. 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 remove the exhibit Page 2 of 3 hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. 7. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. 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 agreement. 9. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. Bond Requirements: Bonds are required for this Agreement 2023 Insurance Requirements Ins. Req. Exhibit 4-113 Contracts for General Services -Services Performed Onsite O1 /01 /2023 Risk Management- Legal Dept. Page 3 of 3 Attachment D: Warranty Requirements Warranty Labor/Workmanship 1 year Parts/Materials/Equipment 1 year A. Covered warranty on new installation shall be one year or better for all labor and workmanship. B. Covered warranty on new installation shall be one year or better for all new parts, materials, and/or equipment. C. Warranty on all repairs shall be one year or better for all labor and materials. Any additional service call to repair deficiencies previously addressed, will not be considered for payment. D. The Contractor shall provide manufacturer warranty documents at the time of final completion. Page 1 of 1 se �a 0 U N6OFPOO It 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 25, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services ieffreye(a)cctexas.com (361) 826-3851 Nick Winkelmann, P.E., Director of Water Systems and Support Services nickwa-cctexas.com (361) 826-1796 Construction Change Orders Mary Rhodes Pipeline Phase I Pump System Improvements (Re-Bid) CAPTION: Motion authorizing the approval of Change Order No. 1 with H&S Constructors, Inc., of Corpus Christi, TX, for the Mary Rhodes Pipeline Phase I Pump System Improvements Project, in the amount of $1,854,197 for a total amount not to exceed $14,029,172 with FY 2025 funding available from the Raw Water Capital Fund. SUMMARY: This change order authorizes additional funding for additional upgrades consisting of the addition of one new booster pump and one new variable frequency drive (VFD) as well as associated electrical and mechanical components at the Mary Rhodes Pipeline Pump Station located in Woodsboro. BACKGROUND AND FINDINGS: In October 2024, the City Council awarded a construction contract to H&S Constructors, Inc., of Corpus Christi, TX, for the Mary Rhodes Pipeline Phase I Pump System Improvements Project. The purposes of this project were to upgrade the Bloomington and Woodsboro Booster Pump Stations of Mary Rhodes Pipeline Phase I system to transport more raw water from Lake Texana to the City. The major project scope included adding one booster pump and two VFDs at the Bloomington Pump Station, one VFD at the Woodsboro Pump Station, and upgrading the associated electrical, mechanical and instrumentation components. With the increasingly severe drought conditions, the operation of Mary Rhodes Pipeline with reliable redundancy is getting more and more critical to the City's water supply. For this reason, City staff requested the Contractor to add one more redundancy booster pump, VFD, and electrical and mechanical improvements to the Bloomington Pump Station through a construction change order. The implementation of this change order provides necessary operational redundancy for the Bloomington Pump Station while the City will bring 75 MGD water from Lake Texana to the City under the Operational Schedule 4 of Mary Rhodes Pipeline. H&S Constructors, Inc. is currently engaged in construction on the Mary Rhodes Pipeline Phase I Pump System Improvements Project. The contractor is performing well and is currently completing the planned work on schedule. PROJECT TIMELINE: Change Order No. 1 doesn't add any additional calendar days to the construction contract. The anticipated substantial completion date of the project is May 2026. ALTERNATIVES: City Council could choose not to approve the Change Order No. 1 with H&S Constructors, Inc. Not approving the change order will lead to a lack of redundancy in the system which could remove the ability to keep the MRP pump station and pipeline online if existing equipment experiences an issue. This could result in negative impacts to the water treatment process, and lead to increased downtime if the system experiences an issue affecting water supply to the entire region. There would be additional time and expenses to bid this work, additional cost for new contractor mobilization, and an increased risk of receiving a higher bid or a lower- performing contractor. FISCAL IMPACT: The fiscal impact for Corpus Christi Water in FY 2025 is $1,854,197.00, with funding available from the Raw Water Capital Fund. The capital budget includes $1,854,197.00 for the addition of one new booster pump and one new variable frequency drive (VFD) at the Mary Rhodes Pipeline Pump Station and utilize the allocated funding outlined in the CIP. FUNDING DETAIL: Fund: Raw Water Supply Development Chg CIP (Fund 4481) Department: Water (45) Organization: Grants & Capital Projects Funds (89) Project: Mary Rhodes Pipeline Phase 1 System Improvements Rebid (Project No. E13037) Account: Construction (550910) Activity: E13037-01-4481-EXP Amount: $1,854,197.00 RECOMMENDATION: Staff recommend approval of this Change Order No. 1 in an amount up to $1,854,197.00 for the Mary Rhodes Pipeline Phase I Pump System Improvements Project with H&S Constructors, Inc. to reduce the risk of equipment failure and increase the reliability of the system providing constant water supply through the Mary Rhodes Pipeline. LIST OF SUPPORTING DOCUMENTS: CIP Page Location and Vicinity Map Change Order No. 1 Capital Improvement Plan 2025 thru 2027 City of Corpus Christi, Texas Project# E13037 Project Name Mary Rhodes Pipeline Ph I System Improvements Type Improvement/Additions Department Water BLOOMINGTON Useful Life 40 years Contact Director of Water Utilities Category Water Supply Priority Priority Level 1 —OO.S.-O Council District Outside City Limits Status Active Description The Mary Rhodes Phase I(MRP I)is a 101-mile long water supply pipeline running from Lake Texana to the O.N.Stevens Water Treatment Plant(ONSWTP).CCW owns and operates two(2)booster pump stations(PS)on the MRP I,Bloomington PS and Woodsboro PS,that assist in raw water delivery to ONSWTP. Improvements at both pump stations are required to provide reliable transmission of raw water supply to the City of Corpus Christi.This project addresses replacement and upgrades of various outdated system components,including,but not limited to electrical,instrumentation,mechanical,structural,incoming power supply,and HVAC at Woodsboro and Bloomington Pump Stations. Justification This Project aims to repair equipment and components at the 2 booster pump stations along the Mary Rhodes I Pipeline.This project will ensure efficient and reliable flow of raw water along the pipeline. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 12,000,000 12,000,000 Design 898,382 898,382 Eng,Admin Reimbursements 907,844 907,844 Total 13,806,226 13,806,226 Funding Sources Prior Years 2025 2026 2027 Total Raw Water Fund 12,750,000 12,750,000 Revenue Bonds 1,056,226 1,056,226 Total 13,806,226 13,806,226 Budget Impactl0ther 71 This Project will increase operational efficiency,simplify monitoring,and control processes. 342 O 0 N SCALE: N.T.S. GULF OF MEXICO VICTORIA Booster Pum Station VICINITY MAP NOT TO SCALE BLOOMINGTON Q0�'C ;. Green LaK' . 73 REFUGIO '�� gP AERIAL MAP NOT TO SCALE PROJECT NUMBER: E13037 MARY RHODES PIPELINE CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXAS .;a PH. 1 SYSTEM IMPROVEMENTS DEPARTMENT OF ENGINEERING SERVICES Mary Rhodes Pipeline Phase Pump System Improvements Nicholas Winkelmann,P.E. Director Water Systems and Support Services Corpus March 25 2025 Christi Water," 4 CcwervingtheCcastalgend Background • In October 2024, City Council awarded a construction contract to H&S Constructors, Inc., of Corpus Christi, TX, for the Mary Rhodes Pipeline Phase I Pump System Improvements Project N lr e • The purpose of the project is to upgrade the Bloomington and Woodsboro ® s Pump Stations of Mary Rhodes Pipeline Phase • The primary project scope includes adding one booster pump and two variable frequency drives (VFDs) at the Bloomington Pump Station, one VFD at the Woodsboro Pump Station, and upgrades to associated Woodsboro Pump Station electrical, mechanical and instrumentation components • With increasingly severe drought conditions,the operation of Mary Rhodes Pipeline with reliable redundancy is critical to the City's water supply • For this reason, City staff requests contractor add one additional redundancy booster pump, VFD, and electrical and mechanical improvements to the Woodsboro Pump Station through a construction change order CON2 Ine F / aa , I_ r� j 1 3 S4 Google Earth Change Order I F I I I X!410" 3 _ SWR65' P-2p5- P•io - .. 'S.I:S&' ':i ✓ dF�'J8_ . . _ "4"C�z- -.. w G l.i ♦-_ • The contractor, H&S Constructors, Inc., is completing planned pump station improvements on the Mary Rhodes Pipeline • The contractor is performing well and is currently on schedule • The implementation of this change order provides necessary operational redundancy for the Woodsboro Pump Station while the City brings in 75 MGD water from Lake Texana to the City under the Operational Schedule 4 of Mary Rhodes Pipeline CW'4 Project Timeline Change Order No. 1 doesn't add any additional calendar days to the construction contract. The anticipated substantial completion date of the entire project is May 2026. The new materials are estimated to be installed in fall 2025. Schedule 4 pumping (75 MGD) is anticipated to begin on March 24, 2025. Staff Recommendation Staff recommends approval of this Change Order No. 1 in an amount up to $1,854,197.00 for the Mary Rhodes Pipeline Phase I Pump System Improvements Project with H&S Constructors, Inc. with funding available from the Raw Water Capital Fund and specifically from project 23027. This change order provides additional equipment redundancy to increase the reliability of the system providing constant water supply through the Mary Rhodes Pipeline at Schedule 4 pumping operation. CCW-5 Thank you ! Corpus Christi Water, Serving the Coastal Bend se o° a o� A H U 'NOHPOP PT E 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of March 18t", 2025 DATE: March 181", 2025 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 0effreye(u-)-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks & Recreation robe rtd4(u-)cctexas.com (361) 826-3133 Sergio Villasana Jr., CPA, CGFO, CIA, Director of Finance & Procurement sergiov2(o)cctexas.com (361) 826-3227 Construction Contract Award Citywide Park Upgrades — HEB Park (Community Development Block Grant-funded) CAPTION: Motion to award a construction contract to Brooke Paving & Construction, LLC, of Robstown, Texas, for the reconstruction of the HEB Park parking lot and resurfacing of the HEB Tennis Center parking lot, located in Council District 2, for an amount up to $711,368.73, with FY 2025 funding available from the Community Development Block Grant (CDBG). SUMMARY: This motion awards a construction contract to Brooke Paving & Construction, LLC for the reconstruction of the HEB Park parking lot. The project also includes resurfacing the adjacent HEB Tennis Center parking lot. BACKGROUND AND FINDINGS: HEB Park is a 12-acre site acquired through the H.E. Butt Foundation. The park became the first public swimming pool operated by the City of Corpus Christi and opened in 1963. The HEB Pool has been significantly upgraded over the years. Currently, the HEB Park pool area features a zero-depth entry pool, splash water features, and cabanas. HEB Park also includes a playground, handball court, and basketball court. In 1959, the HEB Foundation donated more land for the construction of the first of over a dozen tennis centers in Texas, which opened in 1960. The HEB Tennis Center features 25 lighted Laykold courts-22 outdoor and 3 covered. The facilities include locker rooms with showers and accessible restrooms, two elevated platforms over twelve courts, along with shaded tables and open areas for hundreds of fans. The Tennis Center also features a pro shop offering a wide range of apparel and accessories, plus expert racquet stringing services. The entire HEB Park site features parking for up to 300 vehicles; however, the main parking area has fallen into disrepair and needs a full reconstruction. PROJECT TIMELINE: 0 - 2024 - 2025 2025 August - November December - March April - August Design Bid/Award Construction The project schedule indicates a City Council award in March 2025, with anticipated construction completion by August 2025. COMPETITIVE SOLICITATION PROCESS On December 23, 2024, the Contracts and Procurement Department issued a Request for Bids (RFB #6277) for the HEB Park Parking Lot project. The solicitation contained only an asphalt (HMAC) pavement base bid, which was based on the pavement design recommendations. On January 29, 2025, the city received bids from seven bidders. The city analyzed the bids in accordance with the contract documents and determined Brooke Paving & Construction, LLC was the lowest responsive and responsible bidder. The Engineer's Opinion of Probable Construction Cost was estimated based on the historic data. A summary of the bid is provided below: Bidder Base Bid (HMAC) 1 Brooke Paving & Construction, LLC $711,368.73 2 JE Construction Services $770,099.00 3 Tex-Mix Paving $908,740.92 4 Jerdon Enterprise, L.P. $1,177,505.33 Engineer's Opinion of Probable Construction Cost $867,317.78 Brooke Paving & Construction, LLC has completed parking lot projects in Corpus Christi and the surrounding area, including SPID King Ranch Ag & Turf (2022), Mount Olive Lutheran Church (2022), Portland City Hall (2022), CCISD Consolidated School (2023), and the Palmilla Beach Resort in Port Aransas(2024). This contractor has also participated in the City's Residential Street Rebuild Program since 2022, completing the paving of over fifty residential streets. ALTERNATIVES: The City Council could choose not to award the contract to Brooke Paving & Construction, LLC. This would delay the project and conflict with the City Council's goal to expedite the reconstruction of the HEB Park parking lot. FISCAL IMPACT: The fiscal impact for FY 2025 is $711,368.73 for the HEB Park Parking Lot construction projects. The construction funds are available from the Community Development Block Grant (CDBG). FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is currently scheduled to begin construction in FY 2025. The project is ready to be implemented. Fund: CDBG Grants (Fund 1059) Department: Parks & Rec (27) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 85241OF (23124) Amount $711,368.73 Overall Contract Total $711,368.73 RECOMMENDATION: Staff recommends awarding Brooke Paving & Construction, LLC the construction contract for the reconstruction of the HEB Park parking lot and the resurfacing of the HEB Tennis Center parking lot for $711,368.73. The construction duration is planned for five months from the issuance of the Notice to Proceed, with construction starting in April 2025 and completing by August 2025. LIST OF SUPPORTING DOCUMENTS: Location Map Bid Tabs CIP Page Power Point Presentation Bid Tab-RFB 6277 Citywide Park Upgrades FY 2023-H.E.B.Park(CDBG)23124 Al Mob,Iiza-(M.5%Pa It A) LS 1 $3,134.18 $3,134.18 $2,145.W $2,145.W $2,603.77 $2,603.77 $4,WO.W $4,WO.W A2 Bonds and l nsurance B 1 $20,494.55 $20,494.55 $5,40J.40 $5,40J.40 $16,0W.W $16,0W.W $30,0W.W $30,WO.W A3 Siormw-P.11 di-Prevention Plan B 1 $4,553.00 $4,553.00 $57O.W $5J0.00 $S,OW.W $5,OW.W $16,WO.W $16,WO.W A4 Stabilized Construction Entrance EA 1 $4,386.23 $4,386.23 $3,610.W $3,610.00 $5,333.33 $5,333.33 $2,SW.W $2,80... A5 Curb lHl Protection EA 5 $251.20 $1,256.00 $220.W $1,100.W S113.33 $566.65 $125.W $625.W A6 Final Site Landscaping-Bermuda Sod SF 1142J $2.19 $25,025.13 $S.W $SJ,135.W $0.94 $10,J41.38 $2.20 $25,139.40 AJ Final Site Landscaping-Rock Rip Rap SF J30 $8.18 $5,9J1.40 $9.DD $6,5JD.DD $11.25 :8,212.50 $J.50 $5,4J5.00 A8 Electrical Conduit Extension B 1 $4,603.99 $4,6D3.99 $8,650.00 $8,65111 $6,25O.W $6,250.DD $2,500.00 $2,SOD.00 5ub Totals $d%424.48 $SS,18J.40 $54,J0J.63 $86,539.40 Bl Mobiliza-(M-5%Part B) B 1 $22,265.89 $22,265.89 $1%482.00 $1%412.00 $30,872.47 $30,872.47 $43,00 W $43,ODD.DD B2 2.5"Type D HMAC(Final Surface) SY .43 $21.68 $10J,164.24 $21.W $1.3,M11 $28.1J $139,244.31 $34.W $168,062.OD B3 Prime Coat,MC-30(0.20 Gal/SY) GAL 988.6 $6.01 $5,941.49 $6.W $5,931.60 $6.89 $6,811.45 $8.30 $8,205.38 B4 6"Concrete Pavement SF 1381 $10.63 $14,680.03 $11.W $15,191.W $8.13 $11,22J.53 $20.W $2J,620.W B5 B"Fle Base Mrterial Type A Grade 1 -2 SY 5412 $23.05 $124,746.60 $27.W $146,124.W $32.50 $175,8W.W $30.W $162,360.W B6 Type A Concrete Header Curb LF 426 $34.15 $14,547.90 $23.W $9,J98.W $15.W $6,3W.W $JJ.W $32,802.W Parking Lot Pavement Demolition/8"Lime Stabilized BJ Subgrade SY 5412 $18.42 $99,689.04 $23.W $124,4J6.W $3J.54 113,166.48 $63.W $340,956.W B8 Paveme nt Striping B 1 $4,170.43 $4,1J0.43 $S,6JS.W $5,6J5.W $5,6W.W $S,6W.W $4,WO.W $4,WO.W B9 Parking Lot Signs EA 2 $531.94 $1,063.88 $1,020.W $2,-OD $5W.W $1,OW.W $500.W $1,WO.W B10 Concrete Driveways-Demolition and Disposal IF 11J6 $2.J9 $3,281.04 $S.W $5,880.W $13.J5 $16,1JO.W $3.W :3,528.W Bll New Concrete Driveways SF 1234 $15.97 $19,J06.98 $16.W $19,J44.W $9.33 $11,513.22 $15.W $18,510.W B12 Profile Mill of Enisting Parking Lot SF '3J $0%0 $6,349.60 $1.W $J,93J.W $1.43 $11,349.91 $3.W $23,811.1 B13 2"Type DHMAC Overlay SF J93J $2.36 $18,J31.32 $3.W $23,811.W $2.96 $23,493.52 $3.65 $28,9J0.05 B14 Manhole Adj ustment B 1 $3,208.9B $3,208.90 $3,350.W $3,350.00 $5,625.W 15,625.W S850.W $850.00 B15 Allowance for Unanticipated Streetlmprovemenh B 1 $50,W0.0B $50,000.00 $SO,W0.00 $5D,DDD.00 $SO,OW.W $so,000.00 $50,0W.W $5D,DDD.DD Sub T-1s $495,547.34 $543,242.60 $698,353.89 $913,674.43 Cl Mobli-i-(M-5%Part C) B 1 $2,657.75 $2,657.75 $1,620.W $1,620.W $2,964.67 $2,964.67 $3,WO.W $3WO.W C2 Sidewalk/Curb Ramp Demolition IF 3759 $1%2 $6,841.38 $2.W $J,518.W $3.57 S13,419.63 $L50 $5:638.50 C3 Concrete Pedestrian Sidewalk SF 4279 $10b4 $46,384.36 $8.W 131232.W $10.W $42,7W.W $15.W $64,185.W C4 Concrete Si dewal I,Saw Cut LF 47 $14DJ $661.29 $25.W $1,1J5.O0 $12.31 $5 78.57 $12.00 $564.11 C5 ADA Sign Relocation and 1,-Ilad- EA 5 $465.99 $2,329.95 $750.W $3,750.W $5W.W $2,50OW $450.00 $2,25O.OB Sub Totals $58,8J4.73 $48,295.W $62,252.87 $76,_10 Hl Mobiliza-(M.5%Part H) B 1 $4,247.78 $4,24J.J8 $2,390.OD $2,390.W $4,449.09 $4,449.W $4,60 $4,600.W H2 6"Standard Curb and G utter(Including Driveway C&6) LF 1293 $311 $41,350.14 $38.W $49,134.W $29.33 $3J,923.69 $S6.W $72,408.W H3 Curb and Gutter Demolition LF 1144 $5.6J $6,486.48 $3.W $3,432.W $8.75 $l0,Ol0.W $9.W $30,296.W H4 Demolition of E.ivdn Curbinlet/Gratelnlet EA 3 $1,426.50 $4,279.50 $1,400.W $4,200.W $68J.50 $2,062.50 S430.W $1,290.W H5 RemovalDf Reinforced Concrete Pipe(15-361nch) LF 140 $23.15 $3,241.00 $54.W $7,560.W $3J.50 $5,250.W $44.W $6,16D.W H6 New Curb Net EA 1 $14,469.25 $14,469.25 $13,114.11 $13,114.00 $16,481.21 :1111.25 $3,3DD.DD $3,300.00 HJ New Grate Inlet EA 2 $9,99- $19,994.18 $6,JJ2.00 $13,544.00 $8,625.00 $1 J,25O.00 $1,5DD.W $3,000.00 Sub Totals $94,068.33 $93,3J4.W S93,426.53 $101,054.W Grand Total $717,914.88 $770,099.00 $908,740.92 $1,177,505.33 CIVCAS i RFB 6277 Citywide Park Upgrades FY 2023-H.E.B. Park(CDBG)23124 Report Created On: 1/29/2025 8:02:50 PM BID TOTALS BASE BID Total PART A-GENERAL $69,424.48 PART B-STREET IMPROVEMENTS $495,547.34 PART C-ADA IMPROVEMENTS $58,874.73 PART H -STORMWATER IMPROVEMENTS $94,068.33 Total Revised Total:$711,368.73 PART A-GENERAL No. Description Unit Qty Unit Price Ext Price Al Mobilization(Max 5% Part A) LS 1 $3,134.18 $3,134.18 $2f 7 A2 Bonds and Insurance LS 1 $20,494.55 Ra $13,948.40 A3 Stormwater Pollution Prevention Plan LS 1 $4,553.00 $4,553.00 A4 Stabilized Construction Entrance EA 1 $4,386.23 $4,386.23 A5 Curb Inlet Protection EA 5 $251.20 $1,256.00 A6 Final Site Landscaping-Bermuda Sod SF 11427 $2.19 $25,025.13 A7 Final Site Landscaping-Rock Rip Rap SF 730 $8.18 $5,971.40 A8 Electrical Conduit Extension LS 1 $4,603.99 $4,603.99 Subtotal: $69,424.48 PART B-STREET IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price B1 Mobilization(Max 5% Part B) LS 1 $22,265.89 $22,265.89 B2 2.5"Type D HMAC(Final Surface) SY 4943 $21.68 $107,164.24 B3 Prime Coat, MC-30(0.20 Gal/SY) GAL 988.6 $6.01 $5,941.49 B4 6"Concrete Pavement SF 1381 $10.63 $14,680.03 B5 8" Flex Base Material Type A Grade 1-2 SY 5412 $23.05 $124,746.60 B6 Type A Concrete Header Curb LF 426 $34.15 $14,547.90 B7 Parking Lot Pavement Demolition/8" SY 5412 $18.42 $99,689.04 Lime Stabilized Subgrade B8 Pavement Striping LS 1 $4,170.43 $4,170.43 CIVCAS RFB 6277 Citywide Park Upgrades FY 2023-H.E.B. Park(CDBG)23124 Report Created On: 1/29/2025 8:02:50 PM B9 Parking Lot Signs EA 2 $531.94 $1,063.88 B10 Concrete Driveways-Demolition and SF 1176 $2.79 $3,281.04 Disposal B11 New Concrete Driveways SF 1234 $15.97 $19,706.98 B12 Profile Mill of Existing Parking Lot SF 7937 $0.80 $6,349.60 B13 2"Type D HMAC Overlay SF 7937 $2.36 $18,731.32 B14 Manhole Adjustment LS 1 $3,208.90 $3,208.90 B15 Allowance for Unanticipated Street LS 1 $50,000.00 $50,000.00 Improvements Subtotal:$495,547.34 PART C-ADA IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price C1 Mobilization(Max S% Part C) LS 1 $2,657.75 $2,657.75 C2 Sidewalk/Curb Ramp Demolition SF 3759 $1.82 $6,841.38 C3 Concrete Pedestrian Sidewalk SF 4279 $10.84 $46,384.36 C4 Concrete Sidewalk Saw Cut LF 47 $14.07 $661.29 C5 ADA Sign Relocation and Installation EA 5 $465.99 $2,329.95 Subtotal: $58,874.73 PART H-STORMWATER IMPROVEMENTS No. Description Unit Qty Unit Price Ext Price H1 Mobilization(Max 5% Part H) LS 1 $4,247.78 $4,247.78 H2 6"Standard Curb and Gutter(Including LF 1293 $31.98 $41,350.14 Driveway C&G) H3 Curb and Gutter Demolition LF 1144 $5.67 $6,486.48 H4 Demolition of Existing Curb Inlet/Grate EA 3 $1,426.50 $4,279.50 Inlet H5 Removal of Reinforced Concrete Pipe LF 140 $23.15 $3,241.00 (15-36 Inch) H6 New Curb Inlet EA 1 $14,469.25 $14,469.25 H7 New Grate Inlet EA 2 $9,997.09 $19,994.18 Subtotal: $94,068.33 Signature: kaidl $1'Ooke Randi Brooke(Feb 10,202516:17 CST) Email: randi@brookepaving.com Capital Improvement Plan 2025 2027 City of Corpus Christi, Texas Project# 23124 �� �_.. �� • Project Name HEB Park Improvements Type Improvement/Additions Department Parks&Recreation Useful Life 25 years Contact Director of Parks&Recreation ice' 4 i Category Park Improvements Priority Priority Level I .. y Council District 2 Status Active Description This project would consist of design and reconstruction of an existing parking lot and associated road pavement for the HEB Tennis Center on Fig St.as well as a mill and overlay of the adjacent parking lot on Shely St.Additional upgrades will be considered if remaining budget is available. Justification To manage and maintain parks,beaches open spaces and recreational facilities for the community. Expenditures Prior Years 2025 2026 2027 Total Construction/Rehab 806,000 806,000 Design 78,443 78,443 Contingency 446,719 446,719 Eng,Admin Reimbursements 21,247 88,660 109,907 Total 99,690 1,341,379 1,441,069 Funding Sources Prior Years 2025 2026 2027 Total General Fund(Prior) 99,690 64,480 164,170 Grant-CDBG 1,276,899 1,276,899 Total 99,690 1,341,379 1,441,069 Budget Impact/Other 71 An assessment will be done upon completion of project to determine maintenance costs. 109 Project Location j. . TOMPKINS. Location Map I LIA I am Fq -I& H-E-B Tennis Center Parking Lot SHELY H-E-B Park Parking Lot �R a 1 PROJECT NO. 23124 CITY WIDE PARK UPGRADES - CITY COUNCIL EXHIBIT 1. } FY 2023 - H-E-6 PARK CITY OF CORPUS CHRIST[,TEXAS DEPARTMENT OF ENGINEERING SERVICES OCorppus sti Engineering Citywide Park Upgrades - FY 23 - HEB Park Council Presentation LL March 18 2025 #Agikk Vicinity Map C*Ch, Engineering S La caFion Map _ Jlz MEW H-E-B Tennis Center Paok'vi9 Lot H-E-6 Park Parking Ld SSE� ■ :l PROJECT NO.23124 CITY WIDE PARK UPGRADES- CITY COUNCIL EXHIBIT FY 2023-N-E-B PARK Construction Project Corpus Chr sti Engineering Motion awarding a construction contract to Brooke Paving & Construction, LLC of Robstown, Texas, for the reconstruction of the HEB Park parking lot, including the resurfacing of the HEB Tennis Center parking lot, located in Council District 2 Project Schedule Corpus Chr sti Engineering 1 124 2024 -2025 2025 August- November December- March April-August Design Bid/Award Construction Projected Schedule reflects City Council award in March 2025 with anticipated completion in August 2025. se GO � O� A H NCoAPORp,Eo AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief brandonw@cctexas.com (361) 826-3900 Authorization to submit a grant application to the State of Texas - Office of the Governor, Public Safety Office funding available under the FY 2026 Criminal Justice Grant Program by the Corpus Christi Fire Department CAPTION: Resolution authorizing submission of a grant application for $92,387.25 to the State of Texas - Office of the Governor, Public Safety Office under the Criminal Justice Grant Program for funding for the purchase of one replacement Arson K-9 Response Vehicle for the Corpus Christi Fire Department. SUMMARY: This Resolution authorizes the submission of a grant application for $92,387.25 to the State of Texas under the Criminal Justice Grant Program for funding for the purchase of one replacement Arson K-9 Response Vehicle for the Corpus Christi Fire Department. Federal funding is available through the Office of the Governor, Public Safety Office, Criminal Justice Division for the Criminal Justice Grant Program for projects that promote public safety, reduce crime, and improve the criminal justice system. BACKGROUND AND FINDINGS: Federal funds are available under the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for projects that promote public safety, reduce crime, and improve the criminal justice system. The Corpus Christi Fire Department (CCFD) will use these grant funds to purchase one replacement Arson K-9 Response Vehicle for their Fire Prevention division. The replacement vehicle will be a 2025 Ford F-150 Crew Cab with K-9 equipment and investigation evidence storage installed. CCFD will use the vehicle to transport its Arson K-9 and equipment necessary for arson investigations. The Arson Investigator will also use the vehicle to transport crime scene evidence that needs to be sent to the lab for verification. Furthermore, the vehicle will be equipped with specific K-9 safety features. The K-9 safety features that will be included in the vehicle are ultimately for the purpose of monitoring the temperature inside the vehicle to prevent the K-9 from overheating. The safety features will include a kennel compartment in the back seat, a temperature monitoring system, a remote temperature monitoring pager system, and window fans along the kennel. The vehicle will also have a "bail out" remote door opening system in the case that the K-9 has to immediately be let out of the vehicle due to overheating or another emergency situation involving the vehicle. The current Arson Investigator's vehicle is past its useful service life. It has become unreliable and repair costs are outpacing the price of the vehicle itself. Corpus Christi has seen an increase in arson cases, increasing the demand for the Arson Investigator and K-9. Specifically, the number of arson cases has gone up from an average of 56 annually to an average of 84 annually within the past 10 years. FY 2024 was the first full year the Arson Investigator K-9 team responded to investigations, and they were deployed to 69 calls which lead to six arrests (some cases open for prosecution). The continued use of the outdated vehicle has caused delayed response times to scenes, which could potentially lead to the loss of vital and timely crime scene evidence. Furthermore, CCFD is the only department within 100 miles with a certified arson dog handler. CCFD has assisted other municipalities with the Arson Investigator K-9 team, including Alice, Aransas Pass, and Portland. A reliable and safe vehicle will help ensure that CCFD continues to be able to provide vital and timely arson investigation services to Corpus Christi and surrounding communities needing assistance. The project period is from October 1, 2025, through September 30, 2026. The Corpus Christi Police Department has applied for and received funds from this grant for many years; however, this is the first time that CCFD has applied for this grant. ALTERNATIVES: The alternative is not to submit the grant application and find other funding sources for the critical Vehicle for the Corpus Christi Fire Department. This funding is not included in the FY 2025 General Fund budget. If the funding is not awarded through this grant, the City will need to identify alternate funding in order to purchase the equipment. FINANCIAL IMPACT: If awarded, the grant monies will be appropriated in FY 2026 Fire Grants Fund. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Department: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends authorizing the Corpus Christi Fire Department to submit the grant application for $92,387.25 to the State of Texas - Office of the Governor, Public Safety Office under the Criminal Justice Grant Program for funding for the purchase of one replacement Arson K-9 Response Vehicle for the Corpus Christi Fire Department, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution 4kQ.'� . . - \�� . . � ` • / � f . . . . . . . � � . � . . ,.z. . 44.. .vf Resolution authorizing submission of a grant application for $92,387.25 to the State of Texas under the Criminal Justice Grant Program for the purchase of one replacement Arson K-9 Response Vehicle for the Corpus Christi Fire Department. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes submission of the grant application to the State of Texas, Criminal Justice Division for$92,387.25 for funding available under the FY2026 Criminal Justice Grant Program to purchase one replacement Arson K-9 Response Vehicle. SECTION 2. There is no City cash-match requirement for this grant. SECTION 3. The City Council designates the Fire Chief as the grantee's authorized official. The authorized official may apply for, accept, reject, alter, or terminate the grant. SECTION 4. In the event of the loss or misuse of these State of Texas funds, the City of Corpus Christi assures that the funds will be returned to the State of Texas in full. PASSED and APPROVED on the day of March, 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 4kQ.'� . . - \�� . . � ` • / � f . . . . . . . � � . � . . ,.z. . 44.. .vf Office of the Governor FY26 Criminal Justice Grant Program Resolution Authorizing Submission of Application Fire Department Fire Chief,Brandon Wade March 18, 2025 Background Information The Office of the Governor has federal funding available through the Edward Byrne Memorial Justice Assistance Grant Program (JAG) for the FY 2026 Criminal Justice Grant. This grant is for projects that promote public safety, reduce crime, and improve the criminal justice system. The City of Corpus Christi will submit a grant application for $92,387.25 to the Office of the Governor. Background Information This grant will provide funding for: The Corpus Christi Fire Department (CCFD) will use these grant funds to purchase one replacement Arson K-9 Response Vehicle is for Fire Prevention division. The vehicle would be a Ford F-150 Crew Cab with K-9 equipment and investigation evidence storage installed. The vehicle would help transport the CCFD Arson K-9 and any necessary equipment for an arson investigation. Background Information Proposed Project Period: October 1, 2025, through September 30, 2026 If Awarded: Department will come back to Council for Ordinance Approval. Office of the Governor �. FY26 Criminal Justice Grant Program Questions ? se o° a o� A F U NCOgpOPPT E AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevins4�cctexas.com (361) 826-1292 Air Service Incentive Program for Corpus Christi International Airport CAPTION: Resolution adopting an updated Air Service Incentive Plan for qualified airlines to serve the Corpus Christi International Airport; and authorizing the City Manager to execute all documents necessary to offer and secure such incentives as are deemed desirable. SUMMARY: The Air Service Incentive Plan purpose is to help in the recruitment of new airlines and/or new routes and is standard in the aviation industry. The Federal Aviation Administration (FAA) allows certain fees to be waived to help communities obtain new air service, and this incentive plan provides the structure for the airport to waive those fees allowed by the FAA. The plan is being amended to reflect updated FAA guidelines, which are now more friendly to seasonal service, ensuring incentives align with current federal regulations and opportunities. BACKGROUND AND FINDINGS: It is uncommon for an airport not to have an incentive plan. Most large airports have a written approved plan that can be shared with incumbent and new airlines. The goals of the Air Service Incentive Plan are to: • Increase overall passenger and/or cargo airline activity at the airport • Attract new or additional passenger and/or air cargo service at the airport • Increase the number of new non-stop destinations served from Corpus Christi • Increase non-airline revenues for the airport There are three different core programs within the incentive plan that can be used depending on the targeted airline and route structure, and one new entrant bonus, to be combined with program one or two. Below is an overview of the plan; the complete plan is attached for review. Air Service Incentive Plan Overview PeriodName Target Eligibility Incentive Example Establishment of 100% landing fee waiver for 24 months 24 new year-round Any airline adds Program New Year-Round nonstop service to o year-round service 1 Service an unserved 100/o waiver of months to Las Vegas. destination common-use fees for 24 months 100% landing fee Establishment of waiver for up to three Program New Seasonal seasonal nonstop seasons 36 Any airline adds 2 Service service to an months summer only unserved 100%waiver of service to Denver. destination common-use fees for up to three seasons Increase in seat Southwest adds 2 Program Significant capacity on a Waiver of landing fees 12 more flights daily Increase in Seat specific route by for increased capacity to Houston, which 3 Capacity 50% or more for 12 months months they currently without loss of serve. frequency. Any new entrant Year-round service: passenger air 100%waiver of all carrier establishing common-use fees and year-round or seasonal nonstop preferential rents for service first 24 months to an unserved destination If year-round service, Allegiant begins Program New Entrant 100%waiver of all 12-36 seasonal OR year- 4 Bonus common-use fees and months round service to (Bonus) preferential rents for Las Vegas. first 12 months to a currently served destination If seasonal, 50% waiver of all common-use fees and preferential rents for up to three seasons. ALTERNATIVES: The alternatives include for the airport to not have an incentive plan, and therefore not have a structured incentive program to waive airport fees. This would be detrimental to air service development efforts. FISCAL IMPACT: Because there are no realized expenses associated with this program, there is no fiscal impact to the expenses of Airport Operating Fund 4610. Note that the waived fees will be offset by additional revenue gained by additional passenger throughput, in the form of parking, car rentals, concessions sales, passenger facility charges (PFC), and other auxiliary revenue. FUNDING DETAIL: Fund: N/A Organization/Activity: N/A Department: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: City staff recommends approval of the Air Service Incentive Plan. LIST OF SUPPORTING DOCUMENTS: Ordinance Draft Air Service Incentive Plan Version 21 .01 Corpus Christi International Airport Air Service Incentive Program Incentive Categories The table below identifies the categories of available incentives,basic eligibility requirements, and the associated operational and marketing incentives for any passenger air carrier. This table is to be implemented and interpreted according to the terms and conditions that follow. Category Eligibility Operational Incentive Marketing Incentive I—New Year- Establishment of 100% landing fee waiver for 24 Up to $125,000 Round new year-round months per year for up to Service nonstop service 100%waiver of common-use fees two years (to be to an unserved for 24 months used within 24 destination months) II—New Establishment of 100% landing fee waiver for up to $25,000 per Seasonal seasonal nonstop three seasons season for up to Service service to an 100%waiver of common-use fees three seasons (to unserved for up to three seasons be used within 36 destination months) III— Increase in seat Waiver of landing fees for increased No marketing Significant capacity on a capacity for 12 months incentive Increase in specific route by Seat Capacity 50% or more without loss of frequency IV—New Any new entrant If year-round service, 100%waiver No additional Entrant passenger air of all common-use fees and marketing Bonus carrier preferential rents for first 24 months incentive establishing to an unserved destination year-round or If year-round service, 100%waiver seasonal nonstop of all common-use fees and service preferential rents for first 12 months to a currently served destination If seasonal, 50%waiver of all common-use fees and preferential rents for up to three seasons. Definitions and General Requirements 1. For metropolitan areas with multiple airports, each airport will be considered as a separate destination. For example, Washington Dulles International Airport could be considered an unnerved destination notwithstanding existing service to Washington Reagan National Airport. 2. To be considered new service to an unserved destination (year-round or seasonal), no other carrier must offer scheduled service to the airport as of the date that the air carrier seeking the incentive plans to initiate service. 3. To qualify under Category I, Category II, or Category IV, service must be offered at least one day per week. 4. Seasonal service is nonstop service offered for less than seven months of the calendar year but at least 6 consecutive weeks. There may be more than one season per calendar year(e.g., winter and summer); however, there may be no less than one season per calendar year. 5. Year-round service is nonstop service offered for seven or more months in a 12-month period. 6. A new entrant is an air carrier that has not offered commercial passenger service to or from CRP within the preceding 12 months prior to the date that the air carrier plans to initiate service. 7. The new entrant bonus may be combined with Category I and Category II incentives. 8. Considering budget constraints, Category I and Category II incentives only will be available to the first air carrier requesting an incentive to initiate service to the unserved destination. 9. The waiver of landing fees only applies to the landing fees associated with the incentivized flights. 10. The waiver of common-use fees only applies to the fees due in connection with the incentivized flights, calculated on the basis of enplanements on the incentivized flights. Applicable fees include common-use gates, security, baggage claim, and remain over- night(RON) fees. 11. "Preferential Gate" shall mean a gate designated by the Airport Operator for use by an Airline that operates a minimum of four(4) scheduled flights per day, on at least four(4) days of a given week. 12. An air carrier will not be eligible for Category III(significant increase in seat capacity)if the carrier already is receiving an incentive for the flight under Category I or Category II. 13. To qualify under Category III, the air carrier must request the incentive prior to initiating the increase in service. The incentive will not be made available retroactively. Other Terms and Conditions 1. Participation in this program requires an incentive agreement between the City of Corpus Christi and an air carrier, using the City's standard form agreement. 2. An air carrier may qualify for an incentive whether the air carrier operates as a signatory or non-signatory at CRP,provided that the air carrier otherwise satisfies the eligibility and qualification requirements of this incentive program. 3. To qualify for incentives, a carrier must be current on payments of rates and charges. 4. Air carriers must operate service throughout duration of the promotional period at the level specified to receive the incentive. 5. Air carriers must use the passenger terminal at CRP in order to qualify for incentives. 6. An air carrier may qualify for an incentive regardless of the type of economic and safety certificates it has sought and received from the U.S. Department of Transportation and FAA, including authorities granted under 14 C.F.R. Parts 119, 121 and Part 135, provided that the air carrier otherwise satisfies the eligibility and qualification requirements of this incentive program. 7. An air carrier may only qualify for an incentive for a particular route one time. 8. Incentives may not be transferred from one carrier to another. Incentives cannot be transferred between routes. ' _A CCI A Corpus Christi International Airport Air Service Incentive Program Council Presentation March 25, 2025 Air Service Incentive Program Cp-C,-A.. g Corpus Christi International Airport Air Service Incentive Program • Comprised of a waiver of fees, with varying levels and periods of waiver for different air service offerings. • Involves no up-front costs or expenses by airport or community. • Very common in aviation industry. Many airports credit incentive program as the "final kick" to receiving new service. • Maximizing incentive periods under federal regulations. Operational —New Year-Round Service Establishment of new year-round 100%landing fee waiver for 24 Up to$125,000 per year for up Any airline(new or incumbent) nonstop service to an unserved months to two years(to be used within adds year-round service to Las destination 100%waiver of common-use fees 24 months) Vegas. for 24 months II-New Seasonal Service Establishment of seasonal 100%landingfee waiver for up $25,000 per season for up to Any airline(new or incumbent) nonstop service to an unserved to three seasons three seasons(to be used within adds summer only service to destination 36 months) Denver. 100%waiver of common-use fees for up to three seasons III-Significant Increase in Seat Increase in seat capacity on a Waiver of landing fees for No marketing incentive Southwest adds 2 more flights Capacity specific route by 50%or more increased capacity for 12 months daily to Houston,which they without loss of existing currently serve. frequency IV—New Entrant Bonus Any new entrant passenger air If year-round service,100% No additional marketing Allegiant begins seasonal OR carrier establishing year-round or waiver of all common-use fees incentive year-round service to Las Vegas. seasonal nonstop service and preferential rents for first 24 months to an unserved destination If year-round service,100% waiver of all common-use fees and preferential rents for first 12 months to a currently served destination If seasonal,50%waiver of all common-use fees and preferential rents for up to three seasons. Waived fees vs. Additional revenue ADDITIONAL AIR SERVICE INCENTIVE ANALYSIS-AIRBUS 320 PARKING Estimated parking(per flight)@ 50%of pax for 2.5 days $ 1,750 Total parking revenue per week $ 5,250 Enplanements(per flight) 140 TOTAL Parking(annual) $ 273,000 Seats Available(per flight) 175 Load Factor 80% CONCESSIONS Annual Enplanements 21,840 $2 per pax(per flight) $ 280 3 Flights per week $ 840 3 FLIGHTS i WEEK TOTAL Concessions(annual) $ 43,680 RENTAL CARS LANDING FEES Estimated 20%of paxs(per flight) 28 Total Landed Weight per flight 134,482 Estimated 3 day rental concession fee(per week) $ 1,848' Total Landed Weight per week 403,446 Annual concession fee $ 96,096 Total Annual Flights 156 Estimated 3 day CFC fee(per week) �$ 1,386' Total Annual Landed Weight 20,979,192 Annual CFC fee $ 72,072 Total per 1,000 Ibs 20,979 TOTAL Rental Cars(annual) $ 171,430 Landing Fee Non-Signatory $ 3.17 TOTAL Landing Fees(annual) $ 66,504 PASSENGER FACILITY CHARGES-PFC $4.50 per enplanement(per flight) $ 630 RENT 3 Flights perweek $ 1,890 TOTAL PFC(annual) $ 98,280 Sq.Ft./Month $ 7.86 Estimated 250 Sq.Ft. $ 1,964 FUEL FLOWAGE FEES TOTAL Terminal Rent(annual) $ 23,565 Total available fuel Ibs per plane 7,060 80%of time fuel filled 5,648 TOTAL WAIVER(annual) $ 90,069 Fuel flowage fee 0.10 TOTAL Fuel Flowage Fees $ 88,108.80 TOTAL ADDITIONAL REVENUE $ 674,498.80 NET GAIN/(LOSS) $ 584,429.76 CCIA meetings and conferences with Airlines off CIVIT Routes O.W.- Carrier Jumpstart Takeoff Airlines Meeting May 024 Oct 024 Americas American Jun 2024 Y Y Y� — United Sep 2024 Y - - Y _ Southwest Nov 2024 Y Y Y — Allegiant Oct 2023 Y - Y Y Avelo Feb 2024 Y Y - Y Breeze Dec 2023 Y - Y Y Delta - Y - Y Y Frontier - Y - - Y Southern Airways - Y - Y Y Sun Country - - - - Y Spirit - - - - - JetBlue - - - - Alaska/Hawaiian - - - - - Airline messages to Corpus Christi International Airport FinancialFleet Issues • Costs • American - - - Cannibalization United - Cannibalization Southwest Boeing Delays Elliot Investors - - Delta - - - Austin Constraints Allegiant Boeing Delays Historically High Costs - Avelo Boeing Delays Upstart Carrier Historically High Costs Only on Coasts Breeze Upstart Carrier High; Requests MRG Frontier - - High; Requests MRG Only Denver Southern Airways Small Aircraft(9 seats) Yes High; Requests MRG No Texas Service Spirit - In Bankruptcy Historically High Costs - Sun Country Diversify Fleet Uses - Only Minneapolis JetBlue - - - East Coast Focus Alaska/Hawaiian - Merging - West Coast Focus CCIA average daily departures are scheduled to be 16. 5 in 2025, a level not seen since 2015 CCIA Average Daily Departures — By Carrier by Year ■ Departures increased an 30.0 2000 through 2025 average of+5.7% each 25.0 year from 2021 to 2025 zoo 16.5 ■ More flights are from 15.0 ------------------ American & United 10.0 ■ Southwest reduced departures in August 5.0 2024 by roughly (-30%) 0.0 due to Boeing delays O ci N M � U) 0 n 00 Ol O ci N rn 'zt U) l0 n 00 Ol O c-I N M 'zt Lr) O O O O O O O O O O c-I ci ci ci ci ci ci ci ci c-I N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N t American United(Continental) lllllllllllllllliSouthwest Delta ———2025 Schedule Source:U.S.DOT T100 data for 2000 through November 2024;*2025 source is scheduled capacity from published carrier schedules However, 2025 daily seats are scheduled to reduce by (-3%) year-over-year due to Southwest CCIA Average Daily Seats —By Carrier by Year ■ Southwest reduction of 2,000 2000through 2025 one daily departure in 1,800 August 2024 took away 1,600 1,321 —147 daily seats 1,400 ----------------------------------------------------------- Additional American & 1,200 1,000 United flights only have 50- 800 76 seats per plane 600 400 American & United seats 200 not yet able to backfill all 0 O ci N M zt U) W r` 00 M O ci N M zt U) W r` 00 Ol O ci N M � Southwest seats O O O O O O O O O O ci ci ci ci ci ci ci ci ci ci N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N O N American United(Continental) illllllllllllllllSouthwest IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIDelta ---2025 Schedule Source:U.S.DOT T100 data for 2000 through 2023;*2024 source is scheduled capacity from published carrier schedules AUS(602 PDEW) Station IAH 774 PDEW)college Huntsville SAT(431 PDEW) HOU (113 PDEW) However, CC I A ` leaks ~68% : , of traffic due to -• CCIA (915 Passengers Daily proximity to Each Way (PDEW)) Drive times from Corpus larger airports ' Christi to nearby airports LRD(2) SAT 2.5 Hours in Houston, evo AUS 3.5 Hours Austin, and San HOU3.5Hours IAH 4 Hours Antonio MFE(21) HRL(25) CAI ral BRO(2) .- Fuente . MonterrRy NUEVOLEbN True market size for CCIA catchment is 2,885 Passengers Daily Each Way but 68%, or 1,970 passengers, fly from other airports despite long drives Year Ending 3rd Quarter 2024 CCIA Catchment Area HOU 113 2,800 2,400 2,000 AUS 602 6 8"�" 1,600 Total CRP Catchment 1,200 800 • • 400 .• • 32% 0 CCIA True Market Size CCIA Capture CCIA Leakage Source:Catchment Analytics&DOT O&D data via ADI Airport has actively worked to reduce CPE by 35% since 2020 Steps taken since 2020 to reduce CPE CRP Cost per Enplanement (CPE) ■ Reducing costs ■ New & increased revenue $16.09 $16.44 Planning to reduce CPE further ■ Lowering landing fees $11.52 $11.10 $11.33 $10.34 ■ Updated concessions ■ New non-aero revenue 2020 2021 2022 2023 2024 2025 YTD (Jan) —CPE CPE Goal Resolution adopting an updated Air Service Incentive Plan for qualified airlines to serve the Corpus Christi International Airport; and authorizing the City Manager to execute all documents necessary to offer and secure such incentives as are deemed desirable. WHEREAS, the City of Corpus Christi ("City"), as the sponsor of the Corpus Christi International Airport ("Airport" or"CRP"), owns and operates the facility located in Corpus Christi, Texas; WHEREAS, the City authorizes CRP to "exercise such powers as may be required or consistent with the promotion of aeronautics and the furtherance of commerce and navigation by air"; WHEREAS, the City supports the growth of air service at CRP because increased passenger activity results in increased revenues and because additional air service and enhanced competition serves the interests of the residents of Corpus Christi and the greater Coastal Bend Metropolitan area; WHEREAS, federal law (49 U.S.C. § 47107(a)(1)) and the City's contractual commitments to the federal government require that the City "make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities"; and WHEREAS, the Federal Aviation Administration ("FAA") recognizes the right of airport sponsors to support new and expanded air service through marketing and operational incentives during a promotional period, subject to compliance with specific requirements set forth in FAA policy. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council finds that the foregoing preamble and recitals language stated in this resolution to be true and correct and adopts such language and findings for all intents and purposes related to establishing and adopting the Air Service Incentive Plan that is the subject of this resolution. A copy of the Air Service Incentive Plan will be placed on file with the City Secretary's Office. SECTION 2. The City Manager is authorized to execute all documents necessary to offer and secure such air service incentives as are deemed desirable as expressly outlined in the adopted Air Service Incentive Plan. SECTION1. The following delegations shall apply to the implementation and administration of the Air Service Incentive Plan: a. The Airport Director ("Director") is delegated with the responsibility to implement and administer the Air Service Incentive Plan. b. The Director's authority to negotiate and execute air service incentive agreements shall be in accordance with the most current version of the City's Delegation of Signature Authority. c. The Director shall provide quarterly reports to the City on the incentives granted since the last report and the total incentives then outstanding. d. The Director shall coordinate with and provide technical assistance to the Corpus Christi Air Service Development Task Force. 2. This resolution supersedes any prior air service incentive program for CRP approved by the City; provided, however, that nothing herein shall be construed to affect the terms and conditions of any marketing incentive agreement or operational incentive agreement presently in effect between the Corpus Christi Air Service Development Task Force and an air carrier. 3. This resolution shall be perpetual. The Director is hereby granted the authority to amend the Air Service Incentive Program. It is the intent of the City that the Air Service Incentive Program shall be reviewed and updated annually. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Corpus Christi International Airport Air Service Incentive Program Incentive Categories The below table identifies the categories of available incentives, basic eligibility requirements, and the associated operational and marketing incentives for any passenger air carrier. This table is to be implemented and interpreted according to the terms and conditions that follow. Category Eligibility Operational Incentive Marketing Incentive — New Year- Establishment of 100% landing fee waiver for 24 Up to $125,000 Round new year-round months per year for up to Service nonstop service 100% waiver of common-use fees two years (to be to an unserved for 24 months used within 24 destination months) II — New Establishment of 100% landing fee waiver for up to $25,000 per Seasonal seasonal three seasons season for up to Service nonstop service 100% waiver of common-use fees three seasons (to to an unserved for up to three seasons be used within 36 destination months) III — Increase in seat Waiver of landing fees for increased No marketing Significant capacity on a capacity for 12 months incentive Increase in specific route by Seat Capacity 50% or more without loss of frequency IV— New Any new entrant If year-round service, 100% waiver No additional Entrant passenger air of all common-use fees and marketing Bonus carrier preferential rents for first 24 months incentive establishing to an unserved destination year-round or If year-round service, 100% waiver seasonal of all common-use fees and nonstop service preferential rents for first 12 months to a currently served destination If seasonal, 50% waiver of all common-use fees and preferential rents for up to three seasons. Definitions and General Requirements 1 . For metropolitan areas with multiple airports, each airport will be considered as a separate destination. For example, Washington Dulles International Airport could be considered an unserved destination notwithstanding existing service to Washington Reagan National Airport. 2. To be considered new service to an unserved destination (year-round or seasonal), no other carrier must offer scheduled service to the airport as of the date that the air carrier seeking the incentive plans to initiate service. 3. To qualify under Category I, Category 11, or Category IV, service must be offered at least one day per week. 4. Seasonal service is nonstop service offered for less than seven months of the calendar year but at least 6 consecutive weeks. There may be more than one season per calendar year (e.g., winter and summer); however, there may be no less than one season per calendar year. 5. Year-round service is nonstop service offered for seven or more months in a 12- month period. 6. A new entrant is an air carrier that has not offered commercial passenger service to or from CRP within the preceding 12 months prior to the date that the air carrier plans to initiate service. 7. The new entrant bonus may be combined with Category I and Category II incentives. 8. Considering budget constraints, Category I and Category 11 incentives only will be available to the first air carrier requesting an incentive to initiate service to the unserved destination. 9. The waiver of landing fees only applies to the landing fees associated with the incentivized flights. 10.The waiver of common-use fees only applies to the fees due in connection with the incentivized flights, calculated on the basis of enplanements on the incentivized flights. Applicable fees include common-use gates, security, baggage claim, and remain over-night (RON) fees. 11."Preferential Gate" shall mean a gate designated by the Airport Operator for use by an Airline that operates a minimum of four (4) scheduled flights per day, on at least four (4) days of a given week. 12.An air carrier will not be eligible for Category III (significant increase in seat capacity) if the carrier already is receiving an incentive for the flight under Category I or Category 11. 13.To qualify under Category 111, the air carrier must request the incentive prior to initiating the increase in service. The incentive will not be made available retroactively. Other Terms and Conditions 1 . Participation in this program requires an incentive agreement between the City of Corpus Christi and an air carrier, using the City's standard form agreement. 2. An air carrier may qualify for an incentive whether the air carrier operates as a signatory or non-signatory at CRP, provided that the air carrier otherwise satisfies the eligibility and qualification requirements of this incentive program. 3. To qualify for incentives, a carrier must be current on payments of rates and charges. 4. Air carriers must operate service throughout duration of the promotional period at the level specified to receive the incentive. 5. Air carriers must use the passenger terminal at CRP in order to qualify for incentives. 6. An air carrier may qualify for an incentive regardless of the type of economic and safety certificates it has sought and received from the U.S. Department of Transportation and FAA, including authorities granted under 14 C.F.R. Parts 119, 121 and Part 135, provided that the air carrier otherwise satisfies the eligibility and qualification requirements of this incentive program. 7. An air carrier may only qualify for an incentive for a particular route one time. 8. Incentives may not be transferred from one carrier to another. Incentives cannot be transferred between routes. se o° a 0 A H U AGENDA MEMORANDUM 'NOHPOP PT E 1852 Resolution for the City Council Meeting of March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager THRU: Heather Hurlbert, Assistant City Manager heatherh3(a)cctexas.com (361) 826-3506 FROM: Daniel McGinn, AICP, Director of Planning DanielMc@cctexas.com 361-826-7011 Resolution Awarding HOME Investment Partnerships Program —American Rescue Plan funds to reduce homelessness and stabilize housing to the Corpus Christi Housing Authority, Endeavors, and Coastal Bend Center for Independent Living CAPTION: Resolution authorizing grant agreements to provide services under the HOME Investment Partnerships Program (HOME) - American Rescue Plan (ARP) to reduce homelessness and increase housing stability with the Corpus Christi Housing Authority (CCHA) in an amount up to $1,369,740 for tenant based rental assistance and administration; Endeavors in an amount up to $1,210,696 for supportive services, operating and capacity building; and Coastal Bend Center for Independent Living (CBCIL) in an amount up to$1,210,696 for supportive services, operating and capacity building; and authorizing the execution of funding agreements, and other documents necessary to implement the HOME-ARP program. SUMMARY: Through a competitive grant process, three organizations have been chosen to receive funds from the City's HOME — ARP allocation from the U.S. Department of Housing and Urban Development. CCHA will be awarded $1,369,740 for tenant based rental assistance and administration. Endeavors and CBCIL each will be awarded $1,210,696 for supportive services, capacity building, and nonprofit operating. BACKGROUND AND FINDINGS: The American Rescue Plan Act of 2021 appropriated $5 billion to be allocated by formula to communities that qualify for the HOME entitlement allocations. The City of Corpus Christi is a HOME participating jurisdiction, and its HOME-ARP allocation is $4,213,937.00. This is one-time funding and is in addition to the annual entitlement allocation the City receives from HUD. The expenditure deadline is September 2030. HOME-ARP activities have included: • January 30, 2023: Staff attended in-person HOME-ARP Allocation Plan workshop • February and March 2023: HUD technical assistance to assist in developing the City's HOME-ARP Allocation Plan • July 2023: HOME-ARP Allocation Plan accepted by HUD • April 2024: Staff attend HOME-ARP in-person implementation training • July 29, 2024: Homeless Services Division released a Notice of Funding Availability (NOFA) seeking service providers under the HOME-ARP Allocation Plan • August 6, 2024: Technical Assistance Workshop • August 28, 2024: Applications due • December 2025: Interviews with applicants Six applications were received for tenant-based rental assistance and six applications were received for supportive services. The lack of full-time employees for homeless services caused delays processing the applications and bringing the recommendations for awards to City Council. HOME-ARP funds are required to benefit individuals or families who are homeless, at-risk of homelessness, fleeing or attempting to flee domestic violence, dating violence, sexual assault, stalking, or human trafficking, other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability, and veterans and families that include a veteran family member that meet one of the preceding criteria. Through the competitive application process, the Planning and Community Development Department identified the CCHA to administer the tenant based rental assistance and Endeavors and CBCIL to administer Supportive Services. The award recommendations are: Agency Activity Amount CCHA Tenant Based Rental Assistance and Administration $1,369,740 Endeavors Supportive Services, Operating, and Capacity Building $1,210,696 CBCIL Supportive Services, Operating, and Capacity Building $1,210,696 ALTERNATIVES: City Council can choose not award funds to other agencies or choose to administer funds directly. FISCAL IMPACT: The City will act as a pass-through and administrator of the HOME-ARP funds from HUD. Funds are on a reimbursement basis. FUNDING DETAIL: Fund: 9045 Organization/Activity: TBD Department: 24 Project # (CIP Only): N/A Account: 530000 RECOMMENDATION: Staff recommends accepting and appropriating the funds, awarding CCHA, Endeavors, and CBCIL HOME-ARP grant funds. LIST OF SUPPORTING DOCUMENTS: Resolution 2025 HOME-ARP Scoring Matrix Presentation Resolution authorizing grant agreements to provide services under the HOME Investment Partnerships Program (HOME) - American Rescue Plan (ARP) to reduce homelessness and increase housing stability with the Corpus Christi Housing Authority (CCHA) in an amount up to $1,369,740 for tenant based rental assistance and administration; Endeavors in an amount up to $1,210,696 for supportive services, operating and capacity building; and Coastal Bend Center for Independent Living (CBCIL) in an amount up to $1,210,696 for supportive services, operating and capacity building; and authorizing the execution of funding agreements, and other documents necessary to implement the HOME-ARP program. Whereas, on March 22, 2022, the City Council enacted Ordinance No. 032701 accepting and appropriating a grant of $4,213,937.00 from the U.S. Department of Housing and Urban Development ("HUD") for the HOME Investment Partnership Program- American Rescue Plan Act funds ("HOME-ARPA"); Whereas, on March 28, 2023, the City Council enacted Ordinance No. 033008 accepting and approving a Substantial Amendment to the FY2022/PY2021 Consolidated Annual Action Plan for HUD and approval of the Corpus Christi HOME-ARP Allocation Plan; Whereas, these HOME-ARP funds are to be used to assist homeless persons, persons at risk of homelessness, persons fleeing domestic abuse, sexual assault victims, human trafficking victims or other persons in need of assistance as further outlined in the HOME- ARP grant guidelines; Whereas, the City issued a competitive grant application process to award HOME-ARP funds in accordance with the approved HOME-ARP Allocation Plan. Now, Therefore, be it ordained by the City Council of the City of Corpus Christi, Texas, that: Section 1. The Corpus Christi Housing Authority will be awarded $1 ,369,740 for tenant based rental assistance and administration in accordance section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2), HUD Community Planning and Development Notice CPD-21-10, and the City's Home-ARP Allocation Plan. Section 2. Endeavors will be awarded $1 ,210,696 for supportive services, nonprofit operating, and capacity building in accordance with section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2), HUD Community Planning and Development Notice CPD-21-10, and the City's Home-ARP Allocation Plan. Section 3. Coastal Bend Center for Independent Living will be awarded $1,210,696 for supportive services, nonprofit operating, and capacity building in accordance with section 3205 of the American Rescue Plan Act of 2021 (P.L. 117-2), HUD Community Planning and Development Notice CPD-21-10, and the City's Home-ARP Allocation Plan. 1 Section 4. The City Manager or the City Manager's designee is authorized to execute funding agreements and all other documents necessary to implement the HOME-ARP program. PASSED AND APPROVED on the day of 2025: CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary 2 HOME-ARP Scoring Matrix HUD HOME-ARP Tenant Based Rental Assistance 1 2 3 4 Total Rank CC Housing Authority 85 91 98 90 364 1 91% CBCIL 64 73 55 70 262 2 66% Living Word Church 31 46 23 67 167 3 42% Timon's Ministries 55 52 0 48 155 4 39% Education to Employment 4 34 10 54 102 5 26% Tacos Not Bombs 3 0 0 36 39 6 10% HUD HOME ARP Supportive Services 1 2 3 4 Total Rank Endeavors 74 77 55 65 271 1 68% CBCIL 64 66 45 70 245 2 61% Nueces County Community Action Agency 41 53 35 70 199 3 50% Mission 911 35 58 33 65 191 4 48% Timon's Ministries 55 61 0 58 174 5 44% Tacos Not Bombs 3 0 0 51 54 6 14% HOME-ARP Grant Awards March 25, 2025 City Council Federal Funding • From the American Rescue Plan Act, the U.S. Department of Housing and Urban Development (HUD) awarded $4,213,937 in one-time funds to the City • HOME-ARP funds must be used to benefit the following qualifying populations: • Persons who are homeless • Persons at risk of homelessness • Those fleeing or attempting to flee, domestic violence, dating violence, sexual assault, stalking or human trafficking • Other populations where providing supportive services or assistance would prevent the family's homelessness or serve those with the greatest risk of housing instability • City is awarding funds based on a competitive grant application process. HOME-ARP Awards Agency Activity Amount Corpus Christi Housing Authority Tenant Based Rental Assistance and $1,369,740 Administration Endeavors Supportive Services (Case $1,210,696 management, Mental health services, substance use disorder treatment, transportation, child care, legal, nutrition,job training, etc.) Coastal Bend Center for Independent Support Services $1,210,696 Living Funding expires September 2030 Questions March 25, 2025 City Council SC O� H AGENDA MEMORANDUM NoAPORpTE° First Reading for the City Council Meeting of March 25, 2025 1852 Second Reading for the City Council Meeting of April 8, 2025 DATE: March 18, 2025 TO: Peter Zanoni, City Manager FROM: Dr. Dante Gonzalez, Interim Director of Public Health DanteG(c,,,cctexas.com 361-826-7203 Acceptance of the Women, Infant and Children's Nutrition Program (WIC) grant for the Corpus Christi — Nueces County Public Health District in the amount of$190,000.00 to provide additional funding for the WIC program for the period of October 1, 2024, through September 30, 2025, and the appropriation of the funds for the contract period. CAPTION: Ordinance appropriating $190,000 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Health and Human Services Commission (THHSC) to enhance the facility and improve the customer experience for WIC participants. SUMMARY: On February 6, 2025, the THHSC awarded an additional $190,000 to the Corpus Christi-Nueces County Public Health District (CCNCPHD) for its WIC program. The THHSC, the funding agency for this grant, has allocated a total budget of $1,233,166 for FY 2025. This additional funding will increase the grant award for the WIC program to $1,423,166 for FY 2025. The additional funding is intended to enhance the City's WIC facility at 1702 Horne Rd. The planned improvements, funded by the grant, aim to renovate the WIC building and improve the overall customer experience for participants. After the City Council approves the acceptance of the additional WIC grant funds, the project will be put out for bid. Once the bids are selected, the project must receive approval from the United States Department of Agriculture (USDA). Any capital expenditures, such as buildings, land, and improvements that use WIC funds and exceed $5,000, require this approval. Once USDA approves the project, construction is expected to begin in August and be completed by the end of September 2025. The City Manager or designee may reject or terminate this grant and is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry-over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c) when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e)to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. BACKGROUND AND FINDINGS: The THHSC is the funding agency for the WIC grant. In FY 2025, the initial award amounted to $1,233,166.00. When additional funding became available, the CCNCPHD requested extra funds to improve the WIC facility. As a result, an additional $190,000.00 was awarded to the CCNCPHD's WIC program. With these additional funds, the total funding for the WIC program in FY 2025 will be $1,423,166.00. The WIC building is located on the CCNCPHD campus at 1702 Horne Rd. It has not undergone major renovations in more than 10 years and requires significant upgrades. The CCNCPHD plans to utilize additional funding from the WIC grant to implement upgrades that align with the approved Texas WIC design catalog, aiming to improve the overall customer experience. If accepted, the City's WIC building will undergo the following enhancements: • Installation of new ceiling tiles and vents • Installation of a new integrated and high-quality PA system • Public restroom and waiting room improvements • Exterior and interior painting • Replacement of exterior lighting • Replacement of existing windows with hurricane-impact windows • Improved exterior WIC signage After the City Council approves the acceptance of the additional WIC grant funds, the project will be put out for bid. Once the bids are selected, the project must receive approval from the USDA. Any capital expenditures, such as buildings, land, and improvements that use WIC funds and exceed $5,000, require this approval. According to the grant contract, all projects related to the WIC renovation must be completed by the end of fiscal year 2025. WIC operations will continue without interruption during the upgrades, with all WIC services temporarily relocated to the main building of the Public Health District. The WIC renovation project timeline is as follows: Milestone Descriptions: Start Date: End Date: Contract Award Received and Approval by City Council February 2025 April 2025 WIC Renovation Project Request For Bid April 2025 May 2025 Federal Approval of Winning Bid by USDA May 2025 July 2025 Contractor Chosen and Contract Finalized July 2025 August 2025 WIC Renovation Project Construction August 2025 September 2025 The CCNCPHD has historically been awarded the WIC grant for over 20 years. WIC is a nutrition initiative designed for pregnant and breastfeeding women and families with children under five years old. Texas WIC aims to improve the eating habits of infants, children, pregnant, postpartum, and breastfeeding women. The WIC grant funds 14 full-time equivalents and serves approximately 5000 participants monthly. In FY 2024, the WIC program was awarded the Star Customer Service Award from the Texas Health and Human Services Commission, which is only given to the top 15% of WIC programs in Texas. ALTERNATIVES: Reject the additional funding awarded and keep the building in its current condition. FISCAL IMPACT: There is no fiscal impact. No City cash match is required if the funding is awarded. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 89 Grants & Capital Project Funds / 831325F WIC FY24-25 Department Number: 15 Health Project # (CIP Only): N/A Account: 530345 Incentive Awards / 530000 Professional Services RECOMMENDATION: Staff recommends approval of the Ordinance as this will significantly improve the customer experience and improve the City's WIC building. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000802100001 Ordinance Certification of Funds Ordinance appropriating $190,000 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Health and Human Services Commission (THHSC) to improve participants experience by enhancing WIC facilities. Whereas, the City Manager or designee (Director of the CCNCPHD) is authorized to execute amendments to the grant contract which extend the contract period or increase or decrease the grant amount; and Whereas, the Texas Health and Human Services Commission has awarded $190,000.00 for contract HHS #HHS000802100001 for personnel costs, supplies, and other expenses for the WIC Program. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds in the amount of$190,000.00 are appropriated from the WIC grant to the Health Grants Fund No. 1066 to improve WIC participant experience. SECTION 2. A copy of the executed health grant contract and amendments shall be filed in the office of the City Secretary. SECTION 3. This award requires no cash match. SECTION 4.The City Manager, or designee, may reject or terminate this grant. Furthermore, the City Manager, or designee, is authorized to execute contract amendments pertaining to these grant funds in the following instances: a) for the carry- over of funds, when ascertained and approved by the funding agency through a revised notice of award; b) a no-cost extension; c)when an amendment will provide supplemental grant funds in an amount not to exceed 20% of the original grant amount; d) for reimbursement increases of administration funds for each participant served; e)to comply with applicable State or federal laws and regulations; and f) for matters which do not change the essential purpose of the grant. SECTION 5. The Public Health Director is designated as the City's authorized official to administer this grant. The authorized official is empowered to apply for, accept, reject or terminate the grant and its funding, execute all necessary documents, and administer the grant on behalf of the City as the applicant agency. SECTION 6. In the event of the loss or misuse of Grant funds, the City assures that the funds will be returned to the State of Texas, Texas Health and Human Services Commission, in full. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary 1 TEXAS Texas Health and Human Services Commission Health and Human Services Cecile Erwin Young Executive Commissioner February 6, 2025 Kathrine Galvan, WIC Director Corpus Christi - Nueces County Public Health District (City), LA#38 RE: Revised Notice of Award Health and Human Services Commission (HHSC) Women, Infants and Children (WIC) Local Agency Contract #HHS000802100001 This is a notification of your organization's FY 2025 (October 1, 2024 to September 30, 2025) revised WIC Local Agency funding. Please refer to the Surplus Pages Workbook, which will be provided to you via email, to identify the Federal Award Identification Number (FAIN) for this award. Your organization will be receiving the funding listed below: 2Q FY2025 Current Reallocation Revised Funding Amount Project Total Project Project Contact M M M Estimated General Elsa Rodriguez Admin Funding* elsa.rodriguez2Cabhhs.texas.gov $1,040,166 $0 $1,040,166 Peer Counselor Asia Sartor $85,000 $0 $85,000 asia.sartorCcbhhs.texas.gov Registered Dietitian Stephanie Holland $15,000 $0 $15,000 stephanie.hol land 1Ccbhhs.texas.aov Lactation Services Zoe Adams $2,500 $0 $2,500 zoe.adamsCcbhhs.texas.gov Lactation Support Betzabel Botello Center betzabel.botello(ahhs.texas.gov $0 $0 $0 Dietetic Internship Melissa Mouton $0 $0 $0 melissa.moutonCcbhhs.texas.aov SNAP-Ed Christine Least $40,000 $0 $40,000 Nutrition Education christine.least(�bhhs.texas.gov SNAP-Ed Anna Garcia Breastfeeding anna.aarciaCcbhhs.texas.aov $15,000 $0 $15,000 Extra Funding Marissa Gregurek Summer Nutrition manssa.areaurek(&hhs.texas.gov $0 $0 $0 Education Program P.O. Box 13247 • Austin,Texas 78711-3247 512-424-6500 hhs.texas.gov February 6, 2025 Page 2 2Q FY2O25 Current Reallocation Revised Funding Amount Project Total Project Project Contact ($) ($) ($) Extra Funding Tammye Farmer-Holloman $5,500 $0 $5,500 TXIN Internet tammve.farmerholloman@hhs.texas.gov Extra Funding Doreen La Duca Improving Participant doreen.lad uca@hhs.texas.aov $0 $180,000 $180,000 Experience Extra Funding Akata Sanghani $10,000 $0 $10,000 Nutrition Education akata.sanghani@hhs.texas.gov Extra Funding Tammye Farmer-Holloman $20,000 $10,000 $30,000 Other tammye.farmerholloman@hhs.texas.gov Miscellaneous Tammye Farmer-Holloman $0 $0 $0 Projects tam mve.farmerholIomanCabhhs.texas.gov Total $1,233,166 $190,000 $1,423,166 *Actual General Administrative funding amount is accrued monthly based on Funding Formula Rate (FFR): $16.14 per participant plus any earned incentives. This notice does not relieve the aciency from seekinci additional auurovals as reauired by WIC Policy. For HHSC to track Local Agency expenditures, please submit a separate WIC invoice for reimbursement of actual allowable costs associated with each project. If the reimbursement requested amount is exceeded, the invoice will be returned to the Local Agency for correction and resubmission. For questions regarding purchase requests, please contact WICLARequests(a)hhs.texas.aov. For questions or additional information regarding funding, please contact the assigned Project Contact listed in the table above or email the WIC Clinic Services Financial Liaison, Tammye Farmer-Holloman, at tam mye.farmerholloman(a)hhs.texas.gov. Sincerely, 4�;� ct'*�rL Edgar Curtis, Texas WIC Director Health and Human Services Commission cc: Dante Gonzalez, Interim Public Health Director P.O. Box 13247 • Austin,Texas 78711-3247 • 512-424-6500 hhs.texas.gov Texas Health and Human Services Commission Women, Infant and Children's Nutrition Program Ordinance Authorizing Acceptance of Grant Award Health Department Interim Director,Dante Gonzalez i. March 25, 2025 Background Information Ordinance appropriating $190,000 in the Health Grant Fund for an increase in the Women, Infants, and Children's Nutrition Program (WIC) grant from the Texas Health and Human Services Commission (THHSC) to improve participants experience by enhancing WIC facilities. City Council March 25,2025 Background Information FY25 WIC Grant History Overview: The Special Supplemental Nutrition Program for Women,Infants and Children,WIC,is a nutrition program for pregnant,breastfeeding women and families with children younger than 5 years of age.Texas WIC helps improve the eating habits of infants and children as well as pregnant, postpartum,and breastfeeding women. The CCNCPHD has been awarded the WIC grant for over 20 years.WIC funding currently provides funding for 14 full-time equivalents and serves over 5000 participants monthly. On February 6,2025,the WIC program received an award by the state to enhance WIC facilities, with the goal of improving WIC participants' experience to increase customer satisfaction. Contract period from October 1,2024,through September 30,2025. City Council March 25,2025 3 Background Information FY25 WIC Grant Award: The Texas Health and Human Services Commission has awarded an additional$190,000.00 to the Corpus Christi—Nueces County Public Health District(CCNCPHD)WIC program for FY25. The award will help improve the participants' experience by improving the current WIC facility in the amount of 180,000.00. Improvements will include the following: • Installation of a new ceiling tiles and vents • Installation of a new integrated and high-quality PA system • Public restroom and waiting room improvements • Exterior and interior painting • Replacement of exterior lighting • Replacement of existing windows with hurricane-impact windows • Improved exterior WIC signage In addition to facility improvements,10,000.00 will be allocated to purchase incentives aimed to improve the WIC participants' experience. • Nutrition education reinforcement incentives are items that clients will use at home to apply the knowledge they learn from WIC program. 4 Background Information FY25 WIC Grant Award Project Timeline: 1) City Council's acceptance of the additional 2nd quarter WIC funds, the projects require approval by United States Department of Agriculture (USDA)Food and Nutrition Services (FNS). • Approval is required for any capital expenditure (buildings,land, and improvements) using WIC funds that cost more than$5,000. 2) Following council approval,the scope of work for all projects will be sent out for bid. 3) Once all bids have been reviewed,USDA will do a review to approve. 4) After USDA approval,the winning bid will be accepted,and finance will prepare contracts so work can begin. 5) Construction of the renovation project. • Project will begin in August 2025 and be completed in September 2025 City Council March 25,2025 5 Background Information FY25 WIC Grant Award Project Timeline: WIC Renovation Project milestone dates: Milestone Descriptions: Start Date: . .. - Contract Award Received and Approval by City Council February 2025 April 2025 WIC Renovation Project RFB April 2025 May 2025 Federal Approval of Winning Bid by USDA May 2025 July 2025 Contractor Chosen and Contract Finalized July 2025 August 25 WIC Renovation Project Construction Complete August 2025 September 2025 • Due to the fiscal year of the grant all projects in the WIC renovation project must be completed by the end of FY25 WIC grant contract on 9/30/25. • WIC operations will not be interrupted during renovations,as all WIC services will be temporarily moved into the Public Health District main building. City Council March 25,2025 6 jW Background Information FY25 WIC Renovation Project Objectives: 1) Ceiling Tile &Vent Repairs 2) Install New PA System r �r 3) Install Storm Rated Glass City Council March 25,2025 Background Information FY25 WIC Renovation Project Objectives: 4) Restroom Renovation ME* 5) Patient Waiting Room Renovation r i 6) Paint &Exterior Lighting ME* 17� City Council March 25,2025 Texas Health and Human Services Commission r Women, Infant and Children's Nutrition Program Fiscal impact The Texas Health and Human Services Commission is the funding agency for this grant and has allocated a budget of$1,233,166.00 for FY25. • The additional funding in the amount of$190,000.00 will bring the total budget for the WIC program to$1,423,166.00 for FY25. o $180,000.00 to improve facilities to enhance the WIC participant experience o $10,000.00 in incentives to aid in WIC program education • No match is required as this award is 100% WIC grant funded Total Contract value is$1,423,166.00 for FY25. Staff Recommendation:Approval of the two-reading ordinance. City Council March 25,2025 9 Texas Health and Human Services Commission Women, Infant and Children's Nutrition Program Questions ? �US Cg,�` �t O F v AGENDA MEMORANDUM NOORPORp11 First Reading for the City Council Meeting of March 25, 2025 1852 Second Reading for the City Council Meeting of April 8, 2025 DATE: March 6, 2025 TO: Peter Zanoni, City Manager THRU: Heather Hurlbert, Assistant City Manager heatherh3(o-)cctexas.com (361) 826-3506 FROM: Daniel McGinn, AICP, Director of Planning DanielMc@cctexas.com 361-826-7011 Acceptance and Appropriation of Texas Homeless Housing and Services Program Grant Funds to Nueces Center for Mental Health and Intellectual Disabilities and Mission 911 CAPTION: Ordinance accepting and appropriating the 2025 Texas Department of Housing and Community Affairs (TDHCA) Homeless Housing and Services Program (HHSP) grant in the amount of $164,198 for the General Set Aside and $53,111 for the Youth Set Aside, totaling $217,309; authorizing agreements with the Nueces Center for Mental Health and Intellectual Disabilities (MHID)for$167,309 and Mission 911 $50,000 for the 2025 funds; authorizing TDHCA to contract directly with MHID for the 2026 and 2027 program years for HHSP and Ending Homelessness Funds (EHF); and authorizing the execution of funding agreements, and other documents necessary to implement the 2025, 2026, and 2027 programs. SUMMARY: For 2025, TDHCA is awarding $217,309 to the City to support the reduction of homelessness and housing stability. Funding proposals were accepted for funds from local groups. The awards recommended for 2025 are to two local service providers, the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for $167,309 and to Mission 911 for $50,000. The awards recommended for 2026 and 2027 are to one local organization, MHID. The recommendations are based on the competitive application for funds issued by the City and the organizations application scoring. The dollar amount available for 2026 and 2027 has not yet been released but is anticipated to be similar to the 2025 award. BACKGROUND AND FINDINGS: TDHCA established the Homeless Housing and Services Program (HHSP) which provides funding to the nine largest cities in Texas in support of services to homeless individuals and families. The City of Corpus Christi has been allocated $164,198 for HHSP General Set Aside funds and $53,111 for the HHSP Youth Set Aside funds for 2025 for a total of$217,309. In some years, the allocation includes funds from the TDHCA EHF. EHF allocations are based on available funding from the State. There are no 2025 EHF funds allocated. TDHCA allows eligible communities to designate one local agency to contract directly with TDHCA for implementation of HHSP and EHF for a period of two years. If communities chose this option, an approved designation is required every two years. As Homeless Services staff was removed from the City budget in FY2025, staff recommends that for 2026 and 2027 HHSP and EHF, funding contracts be between TDHCA and MHID. TDHCA will contract with only one designated recipient. This designation was included in the competitive application for 2025 HHSP funds. MHID was the highest scorer for 2025. The 2026 and 2027 funding allocations have not been announced yet. TDHCA requires that this designation be made in the Spring of each year before the beginning of the program year start, due to the timing of the FY2025 City budget and the resulting elimination of City Homeless Services, the direct relationship for 2025 was not allowed. On July 29, 2024, the Homeless Services division released a Notice of Funding Availability (NOFA) seeking a non-profit organization to provide services under these programs. Applications were due August 28, 2024. A Technical Assistance Workship was held on August 6, 2024. The NOFA was modified to include the potential 2026 and 2027 direct contracting on August 14, 2024, when City budget discussions necessitated the preparation of the elimination of Homeless Services positions. Six applications were received. The lack of full-time employees for homeless services hindered the ability to process applications for the 2025 program and bring the recommendation for awards to City Council. Implementation challenges will continue through the 2025 program year. Authorizing TDHCA to contract directly with a local agency for 2026 and 2027 will eliminate this issue. Through the competitive application process, the Planning and Community Development Department identified the MHID and Mission 911 as the agencies to receive the 2025 program funds. The recommendation is to award Mission 911 $50,000 from the General Set Aside and MHID $53,111 from the Youth Set Aside and $114,198 from the General Set Aside. TDHCA requires recipients of HHSP funding to formally designate a representative and authorize entry into a contract with TDHCA. The City of Corpus Christi designates the Director of Planning and Community Development to authorize the Department to enter into a contract for the receipt of HHSP funding from TDHCA. The City of Corpus Christi also designates the Assistant Director of the Planning and Community Development Department, as the administrator. ALTERNATIVES: City Council can choose not to accept the funding, award funds to other agencies or choose to administer funds directly. FISCAL IMPACT: The City will receive $217,309 for the 2025 program to pass through to local organizations. No funding would pass through the City for the 2026 and 2027 programs. FUNDING DETAIL: Fund: 1071 Organization/Activity: TBD Department: 24 Project # (CIP Only): N/A Account: Various Account: 530000 RECOMMENDATION: Staff recommends accepting and appropriating the funds, awarding MHID and Mission 911 funds for 2025 and authorizing TDHCA to contract directly with MHID for 2026 and 2027. LIST OF SUPPORTING DOCUMENTS: Ordinance 2025 HHSP Scoring Matrix Presentation Ordinance accepting and appropriating the 2025 Texas Department of Housing and Community Affairs (TDHCA) Homeless Housing and Services Program (HHSP) grant in the amount of $164,198 for the General Set Aside and $53,111 for the Youth Set Aside, totaling $217,309; authorizing agreements with the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for $167,309 and Mission 911 $50,000 for the 2025 funds; authorizing TDHCA to contract directly with MHID for the 2026 and 2027 program years for HHSP and Ending Homelessness Funds (EHF); and authorizing the execution of funding agreements, and other documents necessary to implement the 2025, 2026, and 2027 programs. WHEREAS, the Homeless Housing and Services Program ("HHSP") was established by the 81st Texas Legislature through an appropriations rider and codified during the 82nd Texas legislative session to provide funding to the nine largest cities in Texas, including the City of Corpus Christi ("City"), in support of services to homeless individuals and families; and WHEREAS, the Texas Department of Housing and Community Affairs (TDHCA) is awarding $217,309 for the 2025 program year to the City to support the reduction of homelessness and housing stability. These funds will be awarded to local homeless service providers. Funding proposals were accepted for funds for from local groups. The awards recommended for 2025 are to two local service providers, the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for $167,309 and to Mission 911 for $50,000.; and WHEREAS, the general allocation must be used by the City on activities eliminating and/or preventing homelessness, including the construction, development, or procurement of housing for homeless persons; rehabilitation of structures targeted to serving homeless persons or persons at-risk of homelessness; provision of direct services and case management to homeless persons or persons at-risk of homelessness; or other homelessness-related activities as approved by TDHCA; and WHEREAS, Section §7.22(d) under Title 10 of the Texas Administrative Code ("HHSP Rule") provides that before TDHCA can enter into a contract the City must provide evidence of a governing body action (resolution or ordinance) which states that the City has authorization to enter into a contract for HHSP funds and must provide the name and title of the person authorized to represent the City and has signature authority to execute a contract; and WHEREAS, an ordinance approving and authorizing a contract between the City and TDHCA for the award of the HHSP funds will be presented to City Council upon receipt of the contract from TDHCA; and WHEREAS, the Planning and Community Development Department now requests the City be given authority to enter into a contract with TDHCA for an award of HHSP funds in accordance with the HHSP Rule and other documents necessary to implement the 2025 program through grant agreements with MHID and Mission 911 ; and WHEREAS, TDHCA will allow the City to designate one local agency to contract with TDHCA directly for two program years and MHID, through the competitive grant process, is recommended for that direct contract for program years 2026 and 2027. WHEREAS, TDHCA, in years where State funding is available, has allocated the City funds from the State's Ending Homeless Fund (EHF) and although not available in 2025, may be available in 2026 and 2027. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: 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. Section 2. The Director of Planning and Community Development Department, for the City of Corpus Christi, or designee is hereby authorized to administer these HHSP Program funds for the City. Section 3. The City's FY2025 Operating Budget adopted by Ordinance No. 033451 is amended to increase expenditures by $217,309 to reflect in accounting string 1071- 530000 for the HHSP grant. Section 4. Funds in the amount of$114,198 for the General Set Aside fund and $53,111 for the Youth Set Aside are designated for the Nueces Center for Mental Health and Intellectual Disabilities (MHID) for costs related to responding to homelessness in accordance with HHSP rules and regulations. Funds in the amount of $50,000 for the General Set Aside fund are designated for Mission 911 for costs related to responding to homelessness in accordance with HHSP rules and regulations. Section 6. The City Council hereby authorizes the City to enter into a Contract with TDHCA for 2025 HHSP funds, as described in this Ordinance and grant agreement with MHID and Mission 911. The City Manager or designee is authorized to execute all documents necessary for the Contract between the City of Corpus Christi and TDHCA and grant agreements with MHID and Mission 911 . Section 5. The City Council hereby authorizes TDHCA to contract with MHID for the 2026 and 2027 program years for the implementation of HHSP and EHF. Section 6. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. Introduced and voted on the day of , 2025. PASSED and APPROVED on the day of 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary Homeless Housing and Services Program Grant Awards March 25, 2025 City Council State Funding • Texas Department of Housing and Community Affairs (TDHCA) has granted Homeless Housing and Services Program (HHSP) funds to the City for 2025. • Total funding available is $217,309 for 2025 • $164,198 for general population • $53,111 for youth set-aside • In some years, depending on funding availability, there are Ending Homeless Funds (EHF). There are no EHF funds in 2025. • City is awardingfunds based on a competitive grant application process. • Recommended Council Action includes approving a direct contract between TDHCA and the service provider for 2026 and 2027. HHSP Awards Program Year Source Awardee Amount HHSP MHID through the City $167 309 2025 HHSP Mission 911 through the City $50 000 EHF NA None HHSP MHID Directly from TDHCA TBD 2026 EHF MHID Directly from TDHCA TBD HHSP MHID Directly from TDHCA TBD 2027 EHF MHID Directly from TDHCA TBD Questions March 25, 2025 City Council TDHCA Homeless Housing and Services Program Scoring Matrix Reviewer 1 Reviewer 2 Reviewer 3 Reviewer 4 Total Rank MHID 80 87 95 72 334 1 84% Mission 911 65 78 61 75 279 2 70% The Council on Alcohol & Drug Abuse 50 1 59 72 75 256 3 64% Salvation Army 36 15 85 75 211 4 53% Timon's Ministries 34 50 0 46 130 5 33% Tacos Not Bombs 3 0 0 46 49 6 12% SC Go 0 1852 AGENDA MEMORANDUM Public Hearing and Resolution for City Council Meeting March 25, 2025 DATE: March 25, 2025 TO: Peter Zanoni, City Manager THRU: Heather Hurlbert, Assistant City Manager heatherh3(a)cctexas.com (361) 826-3506 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc(a)cctexas.com (361) 826-7011 Public Hearing and Resolution Amending the City of Corpus Christi's FY2025/PY2024 Annual Action Plan and Citizen Participation Plan CAPTION: Public Hearing and Resolution authorizing a Substantial Amendment to the City of Corpus Christi's Fiscal Year 2025/Program Year 2024 Annual Action Plan (AAP) reprogramming unspent funds from FY2025/PY2024, FY2024/PY2023, FY2023/PY2022, and FY2022/PY2021 for the Community Development Block Grant (CDBG) in the amount of $1,373,952.12; amending the Citizen Participation Plan (CPP); accepting the approved Substantial Amendment AAP projects and authorizing the submission of the Substantial Amendment and CPP, execution of funding agreements, amendments, and other documents necessary to implement the FY2025/2024 AAP and CPP. SUMMARY: Take action to amend the FY2025/PY2024 AAP and to authorize the City Manager or designee to execute all necessary documents with the U.S. Department of Housing and Urban Development (HUD) and AAP grantees for the following projects: Reprogram the Community Development Block Grant (CDBG) funds from FY2025/PY2024, FY2024/PY2023, FY2023/PY2022, and FY2022/PY2021 in the amount of $1,373,952.12 from previously funded projects that were unspent and have been made available. The funding will be transferred to eligible CDBG projects in the amended FY2025/PY2024 AAP. Amend the CPP to reflect the U.S. Department of Housing and Urban Development's recommendations for primary and alternative projects. BACKGROUND AND FINDINGS: The Substantial Amendment will address the reconciliation of CDBG funding allocations and final costs of several projects previously approved over the last four years. In accordance with the City's CPP and HUD's regulations, the City posted a legal notice regarding the public hearing and Substantial Amendment and provided a 30-day notice for public comment from February 9, 2025, through March 11, 2025. The public comment period was extended by seven days and ended March 18, 2025. In accordance with HUD technical assistance and written guidance on best practices for the timely expenditure of CDBG funds, the Substantial Amendment lists Public Facilities in two groups. Primary projects and activities have been chosen based on priorities outlined by the Parks & Recreation Master Plan, Area Development Plans, and the ability to expend funds in a timely manner. If Primary projects and activities are determined to be infeasible, ineligible, or untimely, a replacement from the Alternative list will be selected. Primary projects and activities may be reconsidered if project and activity conditions change. Costs presented here are estimated. Actual costs may be higher or lower. Funds are being reprogrammed from cost savings from the Ben Garza Gym Improvements, Central Kitchen Generator, Utility Assistance Program, Dilworth Park Pavilion, Littles Martin House Restoration, HEB Park Parking Lot, Minor Home Repair, and Program Administration and Delivery. The Substantial Amendment Primary and Alternative Projects are: Primary Public Facilities Projects A. Park Amenities such as swings,tables, benches, BBQs $243,200 1 Wilmot Park $ 9,400 2 Austin Park $ 9,400 3 Temple Park $ 11,000 4 Academy Park $ 9,400 5 Wranosky $ 9,400 6 Chiquito Park $ 9,400 7 Vanderbilt Park $ 9,400 8 West Haven $ 11,000 9 Botsford Park $ 9,400 10 Prescott Park $ 9,400 11 San Diego Park $ 9,400 12 Father Fernandez $ 9,400 13 Westchester Park $ 9,400 14 Ben Garza $ 9,400 15 Dr. H.C. Dilworth $ 9,800 16 Los Encinos $ 9,400 17 H.E.B. Park $ 9,400 18 Manuel Q. Salinas Park Youth Sports $ 14,200 19 Tom Graham $ 11,000 20 Mobile Park $ 9,400 21 Hudson Park $ 9,400 22 Belaire Park $ 9,400 23 Nancy Todd Garrett Park $ 11,000 24 H.P. Garcia Park $ 15,400 B. Basketball Court Improvements $ 88,000 1 Dr. H.C. Dilworth Park $ 28,000 2 Molina Veterans Park $ 25,000 3 San Diego Park $ 35,000 C. Oak Park Recreation Center Roof $ 90,815 D. Greenwood Pool Filter Renovation $ 226,546 E. Ben Garza Generator Design $ 71,402 F. ISalinas Park Ballfields Fencing $ 100,000 G. New Bayview Cemetery Fencing and Lighting Improvements Design $ 50,000 H. Oak Park Playground Construction $ 320,000 I. Playground Improvements Design $ 150,000 1 Catalina Martinez $ 50,000 2 ISan Carlos $ 50,000 3 1 Brookdale $ 50,000 Total Primary Public Facilities Improvements $ 1,339,963 Alternate Public Facilities Improvements A. Ben Garza Generator Construction for Trailer& Permanent Generator Install $ 400,000 B. Westchester Park Playground Construction $ 400,000 C. New Bayview Cemetery Fencing and Lighting Improvements Construction $ 300,000 D. Garcia Park Phase II Trail Design $ 90,000 E. Catalina Martinez Park Construction $ 350,000 F. San Carlos Park Construction $ 350,000 G. Brookdale Park Construction $ 350,000 H. Playground Improvements Design $ 250,000 1 Lions $ 50,000 2 Prescott $ 50,000 3 Dr. H.P. Garcia $ 50,000 4 Candlewood $ 50,000 5 WranoskV $ 50,000 Total Alternate Public Facilities Improvements $ 2,490,000 Pursuant to the citizen participation requirements of HUD, the City will submit an amended CPP as it relates to the annual entitlement funds. The CPP presents the City's plan for providing for and encouraging all citizens to participate in the development, revision, amendment, adoption, and implementation of funds allocated by HUD. The CPP governs the amount of time documents must be displayed for public comment and the public meetings that will be held. HUD recommended changes to the City's CPP to reflect the primary/alternative allocation system. As required by the CPP and HUD regulations, the City posted a legal notice regarding the public hearing and CPP revision and provided a 15-day notice for public comment from February 23, 2025, through March 11, 2025. The public comment period was extended by seven days and ended March 18, 2025. ALTERNATIVES: City Council could choose not to authorize the Substantial Amendment which may risk the expenditure of the funds resulting in a loss of available resources for community projects or change the recommendations made in the HUD Award Matrix. FISCAL IMPACT: The Resolution amending programming for funds previously accepted and appropriated. FUNDING DETAIL: CDBG Fund: 1059 Organization/Activity: Various Department: 24 Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff are recommending the approval of the Substantial Amendment to the FY24/PY23 AAP. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution Attachment A Award Matrix Citizen Participation Plan Presentation Public Hearing and Resolution authorizing a Substantial Amendment to the City of Corpus Christi's Fiscal Year 2025/Program Year 2024 Annual Action Plan (AAP) reprogramming unspent funds from FY2025/PY2024, FY2024/PY2023, FY2023/PY2022, and FY2022/PY2021 for the Community Development Block Grant (CDBG) in the amount of$1,373,952.12; amending the Citizen Participation Plan (CPP); accepting the approved Substantial Amendment AAP projects and authorizing the submission of the Substantial Amendment and CPP, execution of funding agreements, amendments, and other documents necessary to implement the FY2025/2024 AAP and CPP. Whereas, on July 23, 2024, the City Council enacted Ordinance No. 033416 adopting the City Fiscal Year 2025 and U.S. Department of Housing and Urban Development (HUD) Program Year 2024 (FY2025/PY2024) AAP; Whereas, previously approved projects have changed so that the City needs to amend the FY2025/PY2024 AAP which triggers the need for a Substantial Amendment; Whereas, the City published notice of the proposed Substantial Amendment to the City's FY2025/PY2024 AAP, public hearing and 30-day public comment period in The Caller Times on about February 9, 2025; Whereas, the City published notice of the proposed CPP amendment public hearing and 15-day public comment period in The Caller Times on about February 23, 2025; Whereas, the City Council has determined that the Substantial Amendment to the City's FY2025/PY2024 AAP and CPP would best serve the public health, safety, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens; Now therefore, be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2025/PY2024 AAP, which includes the Community Development Block Grant, is amended as outlined in Attachment A. FY2025 Annual Action Plan First Substantial Amendment. Section 2. That the CPP which was presented to City Council along with this Ordinance is hereby amended. Section 3. That the City Manager or the City Manager's designee is authorized: a) to submit the Substantial Amendment to the FY2025/PY2024 AAP to HUD, and b) to amend this Substantial Amendment to the FY2025/PY2024 AAP if required by HUD. Section 4. That the City Manager or the City Manager's designee is authorized to execute funding agreements and all other documents necessary to implement the Substantial Amendment to the FY2025/PY2024 AAP for approved projects. PASSED AND APPROVED on the day of 2025: CITY OF CORPUS CHRISTI ATTEST: Paulette Guajardo Rebecca Huerta Mayor City Secretary Attachment A -FY2025 Annual Action Plan First Substantial Amendment CITY OF CORPUS CHRISTI FY2025 ANNUAL ACTION PLAN PROPOSED SUBSTANTIAL AMENDMENT Community Development Block Grant (CDBG) FY2025/PY2024 Proposed FY25/PY24 Amendment Re ro rammed Funds Available $1,373,952 PROJECT • Public Facilities Projects In accordance with HUD technical assistance and written guidance on best practices for the timely expenditure of CDBG funds, Public Facilities are listed in two priority groups. Primary projects and activities have been chosen based on priorities outlined by the Parks& Recreation Master Plan ,Area Development Plans, and the ability to expend funds in a timely manner. If Primary projects and activities are determined to be infeasible, ineligible, or untimely, a replacement from the Alternative list will be selected. Primary projects and activities may be reconsidered if project and activity conditions change. Costs presented here are estimated.Actual costs may be higher or lower. Funds are being reprogrammed from cost savings from the Ben Garza Gym Improvements, Central Kitchen Generator, Utility Assistance Program, Dilworth Park Pavilion, Littles Martin House Restoration, HEB Park Parking Lot, Minor Home Repair, and Program Administration and Delivery. Primary Public Facilities Projects A. Park Amenities such as swings,tables, benches, BBQs, parking $243,200 1 Wilmot Park $ 9,400 2 Austin Park $ 9,400 3 Temple Park $ 11,000 4 Academy Park $ 9,400 5 Wranosky $ 9,400 6 Chiquito Park $ 9,400 7 Vanderbilt Park $ 9,400 8 West Haven $ 11,000 9 Botsford Park $ 9,400 10 Prescott Park $ 9,400 11 San Diego Park $ 9,400 12 Father Fernandez $ 9,400 13 Westchester Park $ 9,400 14 Ben Garza $ 9,400 15 Dr. H.C. Dilworth $ 9,800 16 Los Encinos $ 9,400 17 H.E.B. Park $ 9,400 18 Salinas Park $ 14,200 19 Tom Graham $ 11,000 20 Mobile Park $ 9,400 21 Hudson Park $ 9,400 22 Belaire Park $ 9,400 23 Nancy Todd Garrett Park $ 11,000 24 H.P. Garcia Park $ 15,400 B. Basketball Court Improvements $ 88,000 1 Dr. H.C. Dilworth Park $ 28,000 2 Molina Veterans Park $ 25,000 3 San Diego Park $ 35,000 C. Oak Park Recreation Center Roof $ 90,815 D. Greenwood Pool Filter Renovation $ 226,546 E. Ben Garza Generator Design $ 71,402 Attachment A -FY2025 Annual Action Plan First Substantial Amendment PROJECT F. Garcia Park Softball Field Fencing $ 100,000 G. New Bayview Cemetery Fencing and Lighting Design and Improvements $ 100,000 H. Oak Park Playground Construction $ 320,000 I. Playground Improvements Design $ 100,000 1 Catalina Martinez $ 50,000 2 ISan Carlos $ 50,000 Total Primary Public Facilities Improvements $ 1,339,963 Alternate Public Facilities Improvements A. Ben Garza Generator Construction for Trailer& Permanent Generator Install $ 400,000 B. Westchester Park Playground Construction $ 400,000 C. New Bayview Cemetery Fencing and Lighting Improvements Construction $ 300,000 D. Garcia Park Phase II Trail Design $ 90,000 E. Catalina Martinez Park Construction $ 350,000 F. San Carlos Park Construction $ 350,000 G. Brookdale Park Construction $ 350,000 H. Playground Improvements Design $ 300,000 1 Brookdale $ 50,000 2 Lions $ 50,000 3 Prescott $ 50,000 4 Dr. H.P. Garcia $ 50,000 5 Candlewood $ 50,000 6 jWranosky $ 50,000 Total Alternate Public Facilities Improvements $ 2,540,000 Amended: 'Jarch 2025July 23,2024 w CityCorpusof Christi, TX AMENDED CITIZEN PARTICIPATION PLAN AMENDED CITIZEN PARTICIPATION PLAN RELATING TO THE ADMINISTRATION OF THE COMMUNITY PLANNING & DEVELOPMENT PROGRAMS OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Table of Contents Contents A. Introduction .......................................................................................................................................................5 1. Purpose ......................................................................................................................................................5 2. Lead Agency and Contact Person................................................................................................................5 3. Effective Date.............................................................................................................................................5 B. Encouragement of Citizen Participation.............................................................................................................5 1. General.......................................................................................................................................................5 2. Non-English Speakers.................................................................................................................................6 3. Persons with Disabilities.............................................................................................................................6 4. Low-and Moderate-Income Persons..........................................................................................................6 5. Organizations and Agencies........................................................................................................................6 6. Local Public Housing Authority...................................................................................................................6 7. Public Notices.............................................................................................................................................6 8. Public Meetings..........................................................................................................................................7 9. Technical Assistance...................................................................................................................................7 10. Online Access .........................................................................................................................................7 11. Other Engagement Techniques..............................................................................................................7 12. City Contact Person ................................................................................................................................7 C. The Citizen Participation Plan .............................................................................................................................7 1. Citizen Participation Plan Development ....................................................................................................7 a. Public Review of the Draft CPP...............................................................................................................7 b. Comments Received on Draft Amended CPP..........................................................................................8 C. Public Meeting........................................................................................................................................8 d. City Council Action..................................................................................................................................8 e. Submission to HUD.................................................................................................................................8 2. Amendments to the Approved Citizen Participation Plan...........................................................................8 a. Amendment Considerations...................................................................................................................8 b. Draft Amended CPP Review ...................................................................................................................8 C. Comments Received on Draft Amended CPP..........................................................................................8 d. Public Meeting .......................................................................................................................................9 e. City Council Action..................................................................................................................................9 f. Submission to HUD.................................................................................................................................9 g. Plan Access.............................................................................................................................................9 Citizen Participation Plan 2 h. In the Event of an Emergency.................................................................................................................9 D. The Consolidated Plan (ConPlan) .......................................................................................................................9 1. ConPlan Development................................................................................................................................9 a. ConPlan Stakeholder Consultation and Citizen Outreach......................................................................9 b. ConPlan Public Meetings..................................................................................................................... 10 C. ConPlan Potential Displacement of Persons........................................................................................ 10 d. ConPlan Public Display and Comment Period...................................................................................... 11 e. Draft ConPlan Comments Received..................................................................................................... 11 f. City Council Action on ConPlan............................................................................................................ 11 g. Submission to HUD.............................................................................................................................. 11 2. Revisions to the ConPlan ......................................................................................................................... 11 a. Revision Considerations...................................................................................................................... 11 b. ConPlan Public Display and Comment Period...................................................................................... 12 C. Public Meeting..................................................................................................................................... 12 d. Comments Received on the Draft Revised Consolidated Plan ............................................................. 12 e. City Council Action............................................................................................................................... 12 f. Submission to HUD.............................................................................................................................. 13 3. In the Event of a Disaster or Emergency.................................................................................................. 13 a. Public Review ...................................................................................................................................... 13 b. Plan Access.......................................................................................................................................... 13 E. The Annual Action Plan (AAP).......................................................................................................................... 13 1. Plan Development................................................................................................................................... 13 a. Public Meetings................................................................................................................................... 14 b. Public Display and Comment Period.................................................................................................... 14 C. Comments Received on the Draft Annual Action Plan......................................................................... 14 d. City Council Action............................................................................................................................... 14 e. Submission to HUD.............................................................................................................................. 15 2. Revisions to the AAP................................................................................................................................ 15 a. Revision Considerations ...................................................................................................................... 15 b. Public Display and Comment Period.................................................................................................... 15 C. Public Meeting..................................................................................................................................... 16 d. Comments Received on the Draft Revised AAP................................................................................... 16 e. City Council Action............................................................................................................................... 16 f. Submission to HUD.............................................................................................................................. 16 3. In the Event of a Disaster or Emergency.................................................................................................. 16 Citizen Participation Plan 3 a. Plan Access.......................................................................................................................................... 16 F. Consolidated Annual Performance and Evaluation Report (CAPER)............................................................... 17 1. Report Development............................................................................................................................... 17 a. Report Considerations......................................................................................................................... 17 b. Public Display and Comment Period.................................................................................................... 17 C. Comments Received on the Draft CAPER............................................................................................. 17 d. Submission to HUD.............................................................................................................................. 17 e. Plan Access.......................................................................................................................................... 17 G. Section 108 Loan Guarantee Program............................................................................................................. 18 a. Development of Section 108 Loan Guarantee Application.................................................................. 18 b. Public Display and Comment Period.................................................................................................... 18 C. Comments Received on the Proposed Section 108 Application .............................................................18 d. Submission to HUD.............................................................................................................................. 18 2. Complaints............................................................................................................................................... 18 Citizen Participation Plan 4 CITIZEN PARTICIPATION PLAN A. Introduction 1. Purpose Pursuant to the citizen participation requirements of 24 CFR Section 91.105 and 24 CFR Part 5,the City of Corpus Christi,TX (referred to as the "City") sets forth the following amended Citizen Participation Plan (the "Plan")as it relates to the administration of the Community Planning and Development(CPD) programs fundedby the U.S. Department of Housing and Urban Development (HUD). The Plan presents the City's plan for providing for and encouraging all citizens to participate in the development, revision,amendment,adoption, and implementation of the following plans and programs: • The Citizen Participation Plan(CPP) • The Consolidated Plan (ConPlan) • The Annual Action Plan (AAP) • Analysis of Impediments to Fair Housing Choice(AI) • The Consolidated Annual Performance and Evaluation Report(CAPER) • The Section 108 Loan Guarantee Program (Section 108) 2. Lead Agency and Contact Person The Planning and Community Development Department of the City is the lead agency responsible for the administration of the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program (HOME) and Emergency Solution Grant Program (ESG). All communication regarding the documents covered by this Plan, comments, complaints, reasonable accommodation for disabled persons, translation services, or other elements shall be directed to: Director of Planning and Community Development Planning and Community Development Department City of Corpus Christi 1201 Leopard Street,Corpus Christi,TX 78401 Phone: 316.826.3010 3. Effective Date Subsequent to approval of the CPP by City Council and HUD, this Plan shall be effective until it is amended or otherwise replaced. B. Encouragement of Citizen Participation 1. General The City provides for and encourages citizens to participate in the development, revision, amendment, adoption and implementation of the CPP, the ConPlan, the AAP, the AI, the CAPER, Section 108. The City encourages participation by low- and moderate-income persons, particularly those living in areas designated as revitalization areas or in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate- income neighborhoods. With respect to the public participation initiatives included in this Plan, the City will take appropriate Citizen Participation Plan 5 actions to encourage the participation of all of its citizens, including minorities, non-English speaking persons, and persons with disabilities, as described below. 2. Non-English Speakers The City has determined that, based on 2021 American Community Survey data, 4.0% percent of residents speak English less than very well. Upon request, materials may be provided in Spanish language. 3. Persons with Disabilities To encourage the participation of persons with disabilities, the City will include the following language in all public meeting notices published in the Caller Times: If you need accommodations for physical mobility, sensory impairment or language needs to participate in the meeting, please contact the Planning and Community Development Department at (316) 826-3010. Notification 48 hours prior to the meeting will enable the Planning and Community Development Department to make reasonable arrangements to ensure accessibility to the meeting. The City will conduct all public meetings in locations that are handicapped-accessible,when available. 4. Low- and Moderate-Income Persons The City will conduct at least one public meeting in a neighborhood that contains at least 51% low- and moderate-income residents, based on current HUD data, during the development of the ConPlan and the AAP. S. Organizations and Agencies The City encourages the participation of local and regional institutions, the Continuum of Care, businesses, developers, nonprofit organizations, philanthropic organizations, and community-based and faith-based organizations in the process of developing, revising, amending, adopting and implementing all documents covered by the CPP.This will be achieved through stakeholder interviews,focus groups and/or public meetings. 6. Local Public Housing Authority The City, in consultation with the Corpus Christi Housing Authority (CCHA), encourages the participation of residents of any public housing developments located within the City in the process of developing, revising, amending, adopting and implementing the documents covered by this Plan. The City will provide information to the Executive Director of CCHA about the ConPlan and subsequent AAP activities related to the public housing developments and communities so that CCHA can make this information available at the annual public meetings required for its Public Housing Authority Agency Plan. 7. Public Notices Public review/comment periods and public meetings held in the process of developing, revising, amending, adopting and implementing the documents covered by the CPP shall be advertised in the Caller Times no less than 10 days prior to when the public meeting is held. Citizen Participation Plan 6 8. Public Meetings All public meetings will be scheduled at times and locations, either in-person and or virtually, that are convenient for potential and actual program beneficiaries, and with accommodation for persons with disabilities and non-English speakers in accordance with the CPP. 9. Technical Assistance The City's Planning and Community Development Department staff are available to assist organizations and other eligible individuals that are interested in submitting a proposal to obtain funding through the CDBG, HOME or ESG programs. All potential applicants are strongly encouraged to contact the Planning and Community Development Department for technical assistance before initiating a funding request application. The Planning and Community Development Department contact information can be obtained at: https://www.corpuschristitx.gov/department-directory/planning- community-development/ 10.Online Access The City will post draft copies and final copies of all documents covered by the CPP on its website: https://www.corpuschristitx.gov/department-directory/planning-community- development/ 11.0ther Engagement Techniques The City's Planning and Community Development Department may, as needed, hold virtual ConPlan and AAP community and stakeholder engagement meetings and or events in order to potentially engage those residents who might not be able to attend such meetings in-person. The CPP may be amended as the City continues to gain access to technology that improves the avenues of participation by its residents. 12.City Contact Person All communication regarding the CPP, ConPlan, AAP, Al, CAPER, project environmental reviews, or public comments or complaints, reasonable accommodation for disabled persons, translation services, or other elements of HUD entitlement programs and activities shall be directed to: the Grant Monitoring Program Manager, City of Corpus Christi 1201 Leopard Street,Corpus Christi,TX 78401. C. The Citizen Participation Plan 1. Citizen Participation Plan Development The City's public review procedure when developing its Citizen Participation Plan(CPP) is as follows: a. Public Review of the Draft CPP The draft CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan. Copies of the draft CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: _ https://www.corpuschristitx.gov/department- directory/planning-community-development/ • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 Citizen Participation Plan 7 b. Comments Received on Draft Amended CPP Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 15-day public review period. c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan. d. City Council Action Following the public meeting, the Plan will be presented to City Council for consideration and formal action. e. Submission to HUD A copy of the CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. 2. Amendments to the Approved Citizen Participation Plan The City shall follow the following procedure to amend its approved(CPP), as needed. a. Amendment Considerations The City will amend the CPP, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to its federal funding programs. Substantial amendments to the CPP may be required should a provision of the CPP be found by the City to conflict with HUD regulations, or when changes in HUD regulations occur, or based on current HUD guidance. Edits to the CPP that only include updated contact information or editorial changes for clarity will not be released for publicreview and comment. b. Draft Amended CPP Review The draft amended CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan or a AAP. Copies of the draft and final Amended CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: https://www.corpuschristitx.gov/depa_rtment-direct_orv/planning-community- development/ • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 c. Comments Received on Draft Amended CPP Written comments will be accepted by the Director of Community Development Department, or a designee, during the 15-day public review period. Citizen Participation Plan 8 d. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan or a AAP. e. City Council Action Following the public meeting, the CPP will be presented to City Council for consideration and formal action. f. Submission to HUD A copy of the Amended CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. g. Plan Access The approved CPP and any amendments will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: https://www.corpuschristib(.gov/department-directory/planning-community-development/Hard copies can be made available tothose requesting the CPP by contacting the City's Director of Planning and Community Development, or a designee. h. In the Event of an Emergency In the event of a local, state or federally declared disaster or emergency or pandemic where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to forgo the public meeting for amendments to its CPP. The length of public comment for amendments to the CPP shall be no less than five (5)days. Draft documents for public comment and review will be made available on the City's website at: : AY*AAA. s C_;Q_ m^� https://www.corpuschristitx.gov/department-directory/planning- community-development/Copies of the draft documents will be mailed or e-mailed upon request, if possible. D. The Consolidated Plan (ConPlan) 1. ConPlan Development The City will follow the process and procedures described below in the development of its ConPlan. a. ConPlan Stakeholder Consultation and Citizen Outreach In the development of the ConPlan, the City will consult with other public and private agencies including, but not limited to, the following: • The Corpus Christi Housing Authority • Other assisted housing providers • Social service providers including those focusing on services to minorities, people with low-and moderate household income, families with children, the elderly, persons with disabilities, persons with HIV/AIDS and their families, homeless persons, and other protected classes • Continuum(s)of Care that serve(s)the jurisdiction Citizen Participation Plan 9 Community-based and regionally based organizations that represent protected class members Citizen Participation Plan 10 and organizations that enforce fair housing laws • Regional government agencies involved in metropolitan-wide planning and transportation responsibilities • Business and civic leaders • Broadband internet service providers and organizations engaged in narrowingthe digital divide • Agencies whose primary responsibilities include the management of flood prone areas, public land or water resources • Emergency management agencies. When preparing the portion of the ConPlan concerning lead-based paint hazards,the City shall consult with local or state health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead-poisoned. When preparing the description of priority non-housing community development needs, the City will notify adjacent units of local government, to the extent practicable. This shall involve, at a minimum, the City sending a letter to the chief elected official of each adjacent unit of government notifying them of the draft ConPlan and how to access a copy online for review and comment. A variety of mechanisms may be utilized to solicit input from these persons/service providers /agencies/entities.These include written letters,telephone or in-person interviews, surveys, internet- based feedback and surveys,focus groups, and/or consultation workshops. b. ConPlan Public Meetings The City will conduct at least two public meetings in the development of the ConPlan. The first public meeting will be conducted before the draft ConPlan is published for public comment, during which the City will address housing and community development needs, development of proposed activities, the amount of assistance the City expects to receive(including grant funds and program income),the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs and proposed eligible activities. The City shall provide meeting notices to local nonprofit agencies, subrecipients, CCHA, and other interested groups and residents (see Section D.1.a above). c. ConPlan Potential Displacement of Persons Although the City does not anticipate any residential displacement to occur in the foreseeable future, it is required to describe its plans to minimize the displacement of persons and to assist any persons displaced. When displacement is unavoidable on a temporary or permanent basis,the City will comply with the federal Uniform Relocation Act. Should displacement of residents be necessary as a result of the use of funds covered by this CPP, the City shall compensate residents who are actually displaced in accordance with HUD Handbook No. 1378, Tenant Assistance, Relocation and Real Property Acquisition. Citizen Participation Plan 11 This resource is accessible online at: https://www.hud.gov/program offices/administration/hudclips/handbooks/cpd/13780 d. ConPlan Public Display and Comment Period The draft ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment.The public notice shall include a brief summary and purpose of the ConPlan; the anticipated amounts of funding (including program income, if any); proposed activities likely to result in displacement, if any; plans for minimizing the displacement of persons as a result of CDBG activities, if any; plans to assist persons actually displaced by the project, if any; the dates of the public display and comment period;the locations where copies of the draft ConPlan can be examined; how comments will be accepted;when the document will be considered for action by City Council;and,the anticipated submission date to HUD. Copies of the draft ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: htto i,/,/ ,,.,,., ,.,.tt i..�https://www.corpuschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street, Corpus Christi TX 78401 e. Draft ConPlan Comments Received Written comments will be accepted by the Director of the City's Planning and Community Development Department,or a designee,during the 30-day public display and comment period.The City will consider any comments or views of City residents received in writing,or orally at the public meeting, in preparing the final ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why,will be attached to the final ConPlan for submission to HUD. f. City Council Action on ConPlan Following the public meeting, the ConPlan will be presented to City Council for consideration and formal action. g. Submission to HUD The ConPlan will be submitted to HUD no less than 45 days before the start of the City's five-year program cycle. 2. Revisions to the ConPlan The City shall follow the following procedure to revise its ConPlan,as needed. a. Revision Considerations There are two types of amendments that may occur with the ConPlan: minor amendments and substantial amendments. 1) MinorAmendment • When funds are added to an approved eligible activity that do not exceed$25,000 • When the scope of an approved eligible activity has changed, however the service area, site, accomplishments and or beneficiaries does not change. 2) Substantial Amendment: Citizen Participation Plan 12 An amendment to the approved ConPlan is considered substantial under the following circumstances: • When there is a change to the Priority Needs,Goals,Objectives,and/or Target Geographies/Areas identified in the Strategic Plan • When new entitlement grants are awarded to the City All other changes that do not meet the criteria defined above will be considered minor amendments and can be reviewed and approved by the Director, Planning and Community Development Department and will not be subject to public comments and or a public comment period.These changes will be fully documented and signed-off by the Director, Planning and Community Development Department. The City may choose to submit a copy of each amendment to the ConPlan to HUD as it occurs,or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director, Planning and Community Development Department. b. ConPlan Public Display and Comment Period The draft revised ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the revisions,the dates of the public display and comment period,the locations where copies of the proposed revised ConPlan can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft revised ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: https://,.w,.A, +,,., t-=R-R- g .4https://www.corpuschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street,Corpus Christi,TX 78401 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended ConPlan prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan and the Annual Action Plan. d. Comments Received on the Draft Revised Consolidated Plan Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period.The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final Revised ConPlan for submission to HUD. e. City Council Action Following the public meeting, the revised ConPlan will be presented to City Council for consideration and formal action. Citizen Participation Plan 13 f. Submissionto HUD The revised ConPlan/Amendment will be submitted to HUD following the end of the public display and comment period and adoption by City Council. 3. In the Event of a Disaster or Emergency In the event of a local, state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web-streaming with the ability to provide comment and ask questions and receive a response in a timely manner.Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website. This provision shall apply to all documents covered by this CPP. a. Public Review In the event of an emergency,the following alternatives may be instituted by the City: • The length of the public comment and display period for the ConPlan or AAP and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: +� i,Ag,Ag,� +,-..,.,r ,. i. 0 9pi r �https://www.corpuschristitx.gov/department directory/planning-community-development/ Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. b. Plan Access The revised ConPlan will be kept on file at the Department of Planning and Community Development, City of Corpus Christi website: 44p) c-.RR g42H https://www.corpuschristitx.gov/department-directory/planning- community-development/ Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. E. The Annual Action Plan (AAP) The Annual Action Plan (AAP) is a component of the ConPlan, and it describes the City's proposed use of available federal and other resources to address the priority needs and specific objectives in the ConPlan for each program year; the City's method for distributing funds to local non-profit organizations; and, the geographic areas of the City to which it will direct assistance. 1. Plan Development The City will follow the process and procedures described below in the development of its AAP. Citizen Participation Plan 14 a. In preparing the AAP, the City may identify and include backup protects that can be substituted if higher priority protects run into delays. This will streamline the substitution process while giving citizens the opportunity to provide input. This will assist with the City's intent to deobligate funds from a particular protect and fund one or more others in its place and minimize the impact of a delayed protect on the overall timeliness of programs. Backup protects that may be undertaken will be selected based on priority needs as established by the City's Five Year ConPlan and timely expenditures. Backup projects will be continually vetted for eligibility. Phased projects may be included and funded over several years to include but are not limited to feasibility and/or design portions, property acquisition, and construction. Citizen Participation Plan 15 b. Public Meetings The City will conduct at least two public meetings during the development of the AAP.The first public meeting will be conducted before the AAP draft is published for public comment. During the first public meeting, the City will address housing and community development needs, development of proposed activities, the amount of assistance the City expects to receive (including grant funds and program income), the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs, proposed eligible activities, and proposed strategies and actions for affirmatively furthering fair housing, consistent with the Analysis of Impediments to Fair Housing. Both public meetings conducted for the Year 1 AAP may be conducted concurrently with the required public meetings for the five-year ConPlan. c. Public Display and Comment Period The draft AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the AAP, the anticipated amounts of funding (including program income, if any), the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: htto i,',I w, .A, +,,.,.,, ,.g-;R i.�https://www.corpuschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche,Corpus Christi TX 78401 d. Comments Received on the Draft Annual Action Plan Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing or orally at the public meetings in preparing the final AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final AAP for submission to HUD. e. City Council Action Following the public meeting, the AAP will be presented to City Council for consideration and formal action. Citizen Participation Plan 16 f. Submissionto HUD The AAP will be submitted to HUD no less than 45 days before the start of the City's annual program year. 2. Revisions to the AAP The City shall follow the following procedure to revise its AAP, as needed. a. Revision Considerations There are two types of amendments that may occur with the AAP: minor amendments and substantial amendments. An amendment to the approved AAP is considered substantial under the following circumstances: • When there is a change to the Annual Goals, Objectives, and/or Target Geographies/Areas identified in the AAP • When a project previously identified in the AAP is cancelled • When a new project that was not previously identified in the AAP is created • When a significant change occurs in the purpose, locations, or beneficiaries of an activity previously approved. • When a 50 percent change in federal funding occurs where the project is$25,000 or less • When a 25 percent change in federal funding occurs where the project is more than $25,000. All other changes to funding allocations or approved eligible activities that do not meet the criteria defined above will be considered minor amendments, will be reviewed and approved by the City's Director of Planning and Community Development Department and will not be subject to public comments. These changes will be fully documented and signed by the Director of Planning and Community Development. The City may choose to submit a copy of each substantial amendment to the AAP to HUD as it occurs, or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director of Planning and Community Development. b. Public Display and Comment Period The draft Revised AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the revisions, the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft Revised AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: htt i/,/ w,.A, *- gfi+4https://www.corpuschristitx.gov/department-directory/planning- community-development/ Citizen Participation Plan 17 • La Retama Library,805 Comanche Street,Corpus Christi TX 78401 Citizen Participation Plan 18 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended Plan prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan. d. Comments Received on the Draft Revised AAP Written comments will be accepted by the City Contact Person,or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final Revised AAP for submission to HUD. e. City Council Action Following the public meeting, the Revised AAP will be presented to City Council for consideration and formal action. f. Submissionto HUD The Revised AAP will be submitted to HUD following the end of the public display and comment period. 3. In the Event of a Disaster or Emergency In the event of a local, state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web- streaming with the ability to ask questions and provide comment in real time where public comment is required to be heard.Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website. This provision shall apply to all documents covered by this Plan. • The length of the public comment and display period for the Consolidated Plan or Annual Action Plan and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: *+^�:�/�•��° w ^^+^�@S ^^^^art^^ 'https://www.corpuschristitx. ov/department directory/planning-community-development/ • Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. a. Plan Access The Revised AAP will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: : /V_ °P° G_t@X@S G^R^ F,Rgd ! https://www.corpuschristitx.gov/department-directory/planning- community-development/ Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. Citizen Participation Plan 19 F. Consolidated Annual Performance and Evaluation Report (CAPER) 1. Report Development The City shall follow the following procedure in the drafting and adoption of its Consolidated Annual Performance and Evaluation Report (CAPER). a. Report Considerations The Planning and Community Development Department will evaluate and reportthe accomplishments and expenditures of the previous program year for CDBG, HOME, and ESG funds and draft the CAPER in accordance with HUD requirements. b. Public Display and Comment Period The draft CAPER will be placed on display for a period of no less than 15 days to encourage public review and comment. Public notice of the display and comment period will be published in the Caller Times with accommodation for persons with disabilities and non-English Spanish speakers in accordance with this CPP. The public notice shall include a brief summary and purpose of the CAPER, a summary of program expenditures a summary of program performance,the dates of the public display and comment period, the locations where copies of the draft CAPER can be examined, how comments will be accepted, and the anticipated submission date to HUD. Copies of the draft CAPER will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi,TX 78401. • The City's website at: htto i,',I w, .A, ,.c+,,.,.,. i.�https://www.corpuschristitx.gov/department-directory/planning- community-development/ • La Retama Library,805 Comanche Street, Corpus Christi TX 78401 c. Comments Received on the Draft CAPER Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 15-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final CAPER. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final CAPER for submission to HUD. d. Submission to HUD The CAPER will be submitted to HUD within 90 days following the last day of the City's annual program year. e. Plan Access The CAPER will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: i,. i. https://www.corpuschristitx.gov/department-directory/pla nni ng-com m unity-development/ Citizen Participation Plan 20 Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. G. Section 108 Loan Guarantee Program a. Development of Section 108 Loan Guarantee Application Applications for assistance filed by the City for Section 108 Loan Guarantee assistance authorized under HUD regulation 24 CFR Part 570, Subpart M, are subject to all provisions set forth within this Plan. Such applications for Section 108 assistance may be included as part of the Consolidated Planning process or may be undertaken separately anytime during the City's program year. Before the City submits an application for Section 108 loan guarantee assistance, the City will make available to citizens, public agencies and other interested parties information that includes the amount of assistance the City expects to be made available (including program income), the range of activities that may be undertaken,the estimated amount that will benefit persons of low-and moderate-income, and any activities likely to result in displacement. b. Public Display and Comment Period The City will publish its proposed Section 108 loan application for review and comment. The public notice shall include a summary describing the contents and purpose of the application and listing the locations where the entire application may be examined. An application for Section 108 Loan Guarantee funding shall be made available for public review for a 30-day period prior to consideration and submission to HUD and may be done concurrently with the public review and comment process for the Consolidated Plan. Copies of the proposed Section 108 loan application will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street,Corpus Christi,TX 78401. • The City's website at: https://www.corpuschristitx.gov/department-directory/planning-community-development/ La Retama Library,805 Comanche Street, Corpus Christi TX 78401 c. Comments Received on the Proposed Section 108 Application Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final application. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final application for submission to HUD. d. Submissionto HUD The Section 108 Loan Application will be submitted to HUD. 2. Complaints Citizen Participation Plan 21 Residents may register complaints regarding any aspect of the CDBG, HOME and ESG programs by contacting the City's Director of Planning and Community Development,or a designee.All written complaints received will be addressed in writing within 15 days. Residents wishing to object to HUD approval of the final ConPlan, AAP or any other documents identified in this CPP may send written objections to the HUD Field Office at: U.S. Dept of Housing&Urban Development San Antonio Field Office Hipolito Garcia Federal Building 615 East Houston Street,Suite 347 San Antonio,TX 78205-2001 Any written objections should be made within 30 days after the City has submitted any of the documents covered by this CPP to HUD. Any objections made will only be submitted to HUD for the following reasons: The applicant's description of needs and objectives is plainly inconsistent with available facts and data. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant. The application does not comply with the requirements of the CDBG, HOME or ESG programs or other applicable laws. The application's proposed activities which are otherwise ineligible under the program regulations. Objections shall include both an identification of requirements not met and available facts and data. Citizen Participation Plan 22 Substantial Amendment to the FY2025 Annual Action Plan March 25, 2025 City Council 11 ®r""1 Substantial Amendment • Annually the City submits to the U.S. Department of Housing and Urban Development an Annual Action Plan (AAP) that includes the projects to be funded with the Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), and Emergency Solutions Grant (ESG) allocation. • A substantial amendment to the City's Annual Action Plan is required when new projects are added • Reprogramming of funds can be necessary for several reasons including: • Changes to project and activity feasibility and eligibility • Changes in costs • Timing Best Practice and City Processes • Both written HUD guidance and HUD technical assistance providers have recommended changes to the way the City funds CDBG projects. • One recommendation is to move away from approving only one or two projects and activities in their entirety and move to priority lists. • Another recommendation is to fund design and construction in the different allocation year. FY2025 AAP Reprogramming • After reconciling commitments and final costs there is $1.4 million of CDBG funds available for reprogramming from these projects: • Ben Garza Gym Improvements • Central Kitchen Generator • Dilworth Park Pavilion • Littles Martin House Restoration • HEB Park Parking Lot • Minor Home Repair • Program Administration and Delivery Primary and Alternative Projects • Recommended Public Facilities projects are listed in two priority groups. • If Primary projects and activities are determined to be infeasible, ineligible, or untimely, a replacement from the Alternative list will be selected. • Primary projects and activities may be reconsidered if project and activity conditions change. • Costs are estimated (Attachment A). Actual costs may be higher or lower. New Primary Projects • Based on the Parks & Recreation Master Plan, Area Development Plans, and the timely expenditure of CDBG funds, these projects are being recommended as Primary Projects : • Park Amenities such as swings, tables, benches, etc. • Basketball Court Improvements • Oak Park Recreation Center Roof • Greenwood Pool Filter Renovation • Ben Garza Generator Design • Garcia Park Softball Fencing • New Bayview Cemetery Improvements and Lighting Design • Oak Park Playground Construction • Playground Improvement Design ®r""'I New Alternative Projects • If a Primary project is determined to be infeasible, ineligible or untimely, a recommended Alternative project will be chosen. Alternative projects are: • Ben Garza Generator Construction for Trailer and Permanent Generator • Westchester Park Playground Construction • New Bayview Cemetery Improvements • Garcia Park Phase II Trail Design • Catalina Martinez Park Construction • San Carlos Park Construction • Brookdale Park Construction • Playground Improvements Design Recommendation • Staff recommends that the reprogramming for Public Facilities projects and activities be approved with the primary and alternative system and that the HUD-required Citizen Participation Plan be amended to include the HUD-recommended funding approval process. se GO � O� A H "CORPOR^`E° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of March 25, 2025 DATE: March 3, 2025 TO: Peter Zanoni, City Manager THRU: Heather Hurlbert, Assistant City Manager heatherh3@cctexas.com (361) 826-3506 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc@cctexas.com (361) 826-7011 Resolution of Support for a lease of coastal submerged land near Doddridge Park from the Texas General Land Office to Palacios Marine Agricultural Research for the Corpus Christi Bay Shoreline Breakwater project CAPTION: Resolution in support of a lease of coastal submerged land from Texas General Land Office to Palacios Marine Agricultural Research Inc., near Doddridge Park for a breakwater project. SUMMARY: Resolution of support for a lease of coastal submerged land near Doddridge Park from the Texas General Land Office (GLO) to Palacios Marine Agricultural Research for the Corpus Christi Bay Shoreline Breakwater project. The project will provide shoreline protection and habitat for marine life in Corpus Christi Bay. BACKGROUND AND FINDINGS: This project will build a 2,500-ft submerged breakwater approximately 300 ft offshore paralleling the shoreline of Corpus Christi Bay along Ocean Drive from the northern Ed Rachal Foundation Property (3700 Ocean Dr., HEB and Ada Wilson Houses) to the southern end of Doddridge Park. The purpose of the project is two-fold: 1) to provide enhanced shoreline protection from erosion due to high-energy wave action; and 2) to provide additional habitat for marine life in Corpus Christi Bay. The breakwater will be constructed of 14 separate (detached) 100-ft sections of limestone rock mounds set at 90-degree angles to one another. Mounds will alternate between individual sections oriented perpendicular to prevailing north and southeast winds. Breakwater mounds will be spaced approximately 100 ft apart to allow for water exchange and navigation and will be located below mean low water level. The estimated construction time for this project is about one month. It will provide an excellent habitat for marine life (e.g., oysters, fish) for Corpus Christi Bay and ample opportunities for recreation by residents and visitors to the City of Corpus Christi. Construction plans have been reviewed and approved through consultation with all notified State and Federal regulatory agencies. Although this project has been approved by U.S. Army Corps of Engineers (USACE), it requires a Statement of No Objection from the City (as adjacent landowner) in order to proceed with the GLO permitting process for a submerged coastal lease. ALTERNATIVES: The alternative is to not approve a Resolution of Support, which would reduce the scope of the project to only the portion adjacent to the property owned by the Ed Rachal Foundation. FISCAL IMPACT: There is no financial impact to the City. Total project costs are approximately $750,000 and are being covered by Palacios Marine Agricultural Research, Inc. Funding Detail: Fund: Organization/Activity: Department: Project # (CIP Only): Account: RECOMMENDATION: City staff recommends approval of the Resolution of Support. LIST OF SUPPORTING DOCUMENTS: Resolution Project Background Materials Resolution in support of a lease of coastal submerged land near Doddridge Park from Texas General Land Office to Palacios Marine Agricultural Research, Inc. for a breakwater project. Whereas, the Texas General Land Office (GLO) has requested verification of no opposition from nearby landowners to the lease of coastal submerged land near Doddridge Park from Texas GLO to Palacios Marine Agricultural Research Inc. for a breakwater project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1. The City Council of the City of Corpus Christi hereby supports and does not oppose the proposed lease of coastal submerged land near Doddridge Park from the Texas General Land Office to Palacios Marine Agricultural Research, Inc. for a breakwater project. Section 2. The City Manager or designee is authorized to execute any documents necessary to express the City's support and non-opposition to the lease of coastal submerged land near Doddridge Park from the Texas General Land Office to Palacios Marine Agricultural Research, Inc. for a breakwater project. PASSED and APPROVED on the day of , 2025. ATTEST: Paulette Guajardo, Mayor Rebecca Huerta, City Secretary "rq't DEPARTMENT OF THE ARMY U.S.ARMY CORPS OF ENGINEERS,GALVESTON DISTRICT 5151 FLYNN PARKWAY,SUITE 306 CORPUS CHRISTI,TEXAS 78411 March 26, 2024 Corpus Christi Regulatory Field Office SUBJECT: Permit Application—SWG-2022-00294 Palacios Marine Agricultural Research, Inc. Attn: Dr. Joe M. Fox 555 North Carancahua Street, Suite 240 Corpus Christi, Texas 7840 1-081 1 Dear Dr. Fox: The above numbered permit has been approved and a signed copy is enclosed for your retention. Also enclosed is a copy of"Notice to Permittee"which provides important information for permit administration. You should notify the District Engineer, in writing, upon completion of the authorized work. To assist us in improving our service to you, please complete the survey found at: https:l/regulatory.ops.usace.armV.mil/customer- service-survey/. Sincerely, 7'�A� Kristie A. Wood Supervisor Corpus Christi Regulatory Field Office cc w/Encl. EPA Kaspar.paulPepa.gov Texas Commission on Environmental Quality (TCEQ)401 Certs catceg.texas.gov United States Coast Guard (USCG)d8dpbaII0,uscg.mil National Ocean Service (NOAA) ocs.ndbCcDnoaa.gov DEPARTMFNT OF THE AFWY PERMIT Permittee Palocios Marine Agricultural Research,hic.. Permit No, SWG-2022-00294 Issuing Office Galveston District NOTE: The term"you"and its derivatives,as used in this permit,means the permittee orany future transferee, The term"this office"refers to the appropriate district or division office of the Corps ofEngineers havingjurisdiction over the permitted activity ofthe appropriate official o f that office acting under the authority of the commanding officer. You are authorized to perform work in accordance with the terms and conditions specified below. Project Description: To construct a shallow breakwater approximately 300 feet seaward from the northern Ed Rachal Foundation property boundary(3700 Ocean Drive)southward parallelingthe curvature of the Corpus Christi Bay shoreline and terminating at the southern end of Doddridge Park.The purpose of the project is to provide shoreline protection from erosion due to wave action. The breakwater will be constructed offourteen separate 9-foot-wideby100-foot-long sections ofconcrete rubble moundssetat90-degree angles to one another. Each mound will consist of approximately 233 cubic yards ofmaterial. One section of mound will be oriented perpendicular to prevailing north winds along with another section set perpendicular to prevailing southeast winds.Breakwater mounds will be spaced approximately 100 feel apartto an elevation approximately one foot below mean water level. The projectwill be conducted in accordanee with the attached plans,in four streets,Attachment (Water Quality Certifteation),AttachmentB(FWS Consultation)and Attaclrtuerit C(NMFS. Prejectlrocation: Along the shoreline o fCorpus Christi Bay situated between 3700 Ocean Drive East and the southem.end ofDoddridge Park on the bay side of Ocean Drive within the city limits of Corpus Christi,Nueces County,Texas. r— c s, y � QS ,'11� 1 y Q� �O z tY7 r , N � N Ol .O F— '•,V L jp i ii. l 1.. ti �4 Q. a 9-' N O O N N O N 0 � � a U "L Q U � p L W1 O �a a a 0 a 0ti�t e ! '• r i T • CA T L N O N N 4 O b( Y d a) a w m V `im. m 0 r +� 0 IA m � x U u W `n C L 0 U v 41 Q 4 3bO� u L QQ\ `nni ad�eQai ' QO 100 fI "�' die ice ti�on CD a FO U Ea R O m C.] www v •� _ 7 ia U Cu m 3 Z H 7 .aL 16 N V `gyp C lu V O N Q O d 1f1 In H ❑ d N \ � , o e @ \ # \ Q E <\ j7 m 2 2 k 9 ƒ U jm / § 2 2 / / � � \ ƒ k ° � _ q 0 ~ - \ � % / / w m \ \ . � � 4 � . + \ � j u t7T� ƒ 4 0 ` 2 � \ k £ \ \ � a f bb � \ / (U ) 2 2 & - « o m w j / / \\ /\ CC Bay Breakwater Project Resolution of support for a GLO coastal lease for Palacios Marine Agricultural Research Inc. (PMAR) City Council Presentation ,, March 25, 2025 Background • The proposed coastal lease with the Texas General Land Office (GLO) is for the construction of a 2,500-foot breakwater structure that will be located 300 feet off the coastline by Palacios Marine Agricultural Research Inc. • The structure will have a low profile within the water, with a majority of it submerged in most situations. • The project is located within Corpus Christi Say paralleling Ocean Drive in proximity to the Doddridge Road intersection. • The project is adjacent to property owned by the Ed Rachal Foundation and the City of Corpus Christi- Doddridge Park. • As the adjacent landowner the GLO requires that the City provide a letter of no objection to the proposed lease. Background • The purpose of the project is two-fold: • Enhanced shoreline protection from erosion due to high-energy wave action. • Will create additional habitat for marine life in Corpus Christi Bay. • The project has secured the USACE permit. • Total project cost is approximately $750,000. • Construction duration will take approximately one month and will take place by boat/barge from the water. ProjectSite Y bon for 1map. -_ .. 1 •M }4 aci ! Suite 1Research, Submerged breakwater April p ' 22 ! Location: 1 Cus Christ!Bay 1 1 of 1 ,ti F• •'MM E11 � Exhlblt Q SWG-2022-DD294 �'�- `"o- Prfl}ect location on Ocean Drive Palacics Marre Agricultural Research,Inc. 555 N.Carancahua,Suite °� '�, shoreline {Corpus Christi Bay} r� Prop�rtyline d , �� - ��t P gip° Cor us Christi Ba Submerged breakwater 0 } Dr.Joe M.FoxProject Location:Nucces County,Corpus Christ[Day Property line a�- State Tract#74 t Pg.2 aP 4 SubmergeC 22-00294 Exhibit C breakwaters Location of submerged breakwaters 4 � L + Y 4 \L A 1 , '+ 'L •yY , • 1 Corpus Christi Bay \ L ` N 4 ` v pro, •,\ .*NNW Peladas Marine Agricultural Research,Inc. � c� 555 N.Carancahua,Suite 240 Rp ', "'� '. Submerged breakwater $ ;� April 23,2422 "-""Q Dr.Joe M.Fox City property line Project Location:Nueces County,Corpus Christi Bay State Tract 974 Pg,3 of 4 Exhibit D PAS sVVG-2=-00294 Detail on submerged breakwaters 24in17 1 Side view too ft g ft Plan,view i water surface 2 ft 5 ft Concrete barrier (" 3 ft depth) base{lengthwise) Conditioned concrete rip-rap mudline 9 ft Palacios Marine Agricultural Research,Inc. Cross-sectional view 555 N.Carancahua,Suite 240 Submerged breakwater 7 Staff Recommendation Approval C-o pu s Christi Bay T4 S-Ubmer ed Breakwater g Patacios:�F�r+rgriculture Research, Inc. -ma - 25 CIA for Corpus Christi City Council Background • Erosion causes $500 M in damage to U.S. ''' coasts each year. • Results: property damage and loss, reduced property values, increased high energy insurance costs, negative impacts to tourism/recreation, and damage to ecosystems and the services they provide tow energy -.. • With sea level rise, it could get worse. • Submersible breakwaters are common features in U.S. bays used to protect Submerged Breakwater against this. WAVES lose energy— material accumulates • How? Reduce wave energy impacting Incoming v+aves shorelines. Background a • Breakwaters also create habitat for marine life: a "living" solution to coastal erosion ,: x • Also enhance recreational activities (fishing, kayaking), easier entry • This project evolved from a need to protect Ocean Dr. shoreline from on-going and accelerating; erosion of an existing bulkhead/revetment y • Developed by PMAR/ERF as . separate revetment (finished) and breakwater (pending) projects Project Description ■ Two objectives: protect shoreline; and enhance habitat for marine life ■ N2,500-ft submerged breakwater, 300 ft seaward from shoreline ■ Location: in front of HEB/Ada Ail Wilson houses (Ed Rachal Foundation) and Doddridge Park (City) ■ Pause for brief video. j ■ Entire structure submerged, water- based (barge) construction using N24-in. quarried limestone rock ■ Project cost: N$750K (no cost to _ City), one month for build-out PMAR Octan Dr.,CC Eay ` 'M Exhibit B x PCop ��i Project location on Ocean Drive 110 shoreline(Corpus Christi Bay) ► e of 01 Corpus Christi Bay ow �� a° rm 4Jle r oo5 p _y G' N r 1 r 1 Submerged Exhibit C breakwaters p Location of submerged breakwaters ,r 1 0 rr r 1 �Si,• Aso, r�� �c7 '0a6, {�� R A Carpus Christi Bay Q `'y •'r r 1 `1l l 1�1 1r 'V 1 O ` #Mft r Palacios Marine Agricultural Research,Inc. 555 N.Carancahua,Suite 240 q �1 Submerged breakwater �� yr�C7 ' April 23,2D22 Dr.Joe M.Fox City property line Project Location:Nueces County,Corpus Christi Bay State Tract#74 ExhibitQ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . IDetail.on submerged breakwaters 24 in = Side view . . . . . . . . . . . . . . . .e . . . .100ft . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9ft Plan view . . . . . . . . . . . . .�. . . . water surface 2 ft _ 5 ft Tft depth) 22-in limestone rack N . :. mudline a ft _ Palacios Marine Agricultural Research,Inc. Cross-sectional View 555 N_Ca ra nca hua,Suite 240 Submerged breakwater April 23;2022 Nate: permit amended to utilize Dr..Jae.M,Fax. . . . . . . : . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . Project Location:Nueces County,Carpus Christi Bay: limestone rock vs, concrete rip-rap State Tract 974 Permit Status and Regulatory Coordination ✓ERF and City sections permitted in-full by USACE (SWG-2022-00294) ✓GLO surface lease permit (SL-2022-0073) for ERF section ✓Coordination with State/Fed regulatory agencies • Coastal Boundary Survey in place (GLO) • Natural Resource Survey completed (TPWD, NMFS, USFW) • Archaeological Survey completed (USACE) • Pending Coastal Surface Lease for Doddridge Park (City) section • Needs Statement of No Objection (GLO) from City as adjacent landowner tiFA1 lR `" . US Army Corps ` of Engineers 4� FISHERIES