HomeMy WebLinkAboutMinutes City Council - 06/10/2025I HEREBY CERTIFY that the foregoing is a true and correct copy of the minutes of
the Regular Meeting of the Corpus Christi City Council of June 10, 2025 which
were approved as corrected by the City Council on June 17, 2025.
WITNESSETH MY HAND AND SEAL, on this the 17th day of June 2025.
(S E A L)
elttei/ (m)/(I:
Rebecca Huerta
City Secretary
Corpus Christi, Texas
City of Corpus Christi
Rebecca Huerta, City Secretary
P.O. Box 9277
Corpus Christi, Texas 78469-9277
(361) 826-3105
rebeccah@cctexas.com
SCANNED
City of Corpus Christi
Meeting Minutes
City Council
1201 Leopard Street
Corpus Christi, TX 78401
cctexas.com
Tuesday, June 10, 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 11:37 a.m.
B. Invocation to be given by Pastor Steve Lopez with Koinonia Church.
Pastor Steve Lopez with Koinonia Church gave the invocation.
C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be
led by Mariah Stith 4th grader at Incarnate Word Academy and Sloan Murphy 4th
grader at Annapolis Christian Academy.
Mariah Stith 4th grader at Incarnate Word Academy and Sloan Murphy 4th grader at
Annapolis Christian Academy, led the Pledge of Allegiance to the Flag of the United
States of America and to the Texas Flag.
D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers.
City Secretary Rebecca Huerta called the roll and verified that a quorum of the City
Council and the required Charter Officers were present to conduct the meeting.
Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City
Secretary Rebecca Huerta
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. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: (ITEMS 1 2)
1. 25-0805 Hurricane Season Preparedness, presented by Jace Johnson, Emergency
Management Coordinator
Emergency Management Coordinator Jace Johnson presented information on the
following topics: office of emergency management staff; how the city is prepared; 2025
Atlantic Tropical Cyclone Names; 2025 Atlantic Hurricane season outlook; it only takes
one; hurricane levels; coordination and collaboration; partner communication; outreach;
communications; reverse alert; hurricane preparedness 2025; know your evacuation
City of Corpus Christi
Page 1 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
route; evacuation hub; and phased hurricane reentry.
Council Members, City Manager Peter Zanoni, and Emergency Coordinator Johnson
discussed the following topics: sandbag distributions will be held on Saturday, June 14
and Saturday, June 28 at the Cabaniss Athletic Complex; how to secure barriers and
construction areas during strong winds; and a Council Member recognized the City
Manager for assisting the City of Alice during the recent inclement weather.
2. 25-0851 FY 2025 2nd Quarter Budget Report
City Manager Peter Zanoni presented information on the following topics: FY 2025 2nd
Quarter Report overview; general fund revenues; 2nd quarter actual revenues $229.3M;
general fund expenses; 2nd quarter actual expenditures $166.2M; HOT tax revenue;
water fund; FY 2025 budget initiatives (all funds); Capital Improvement Program; quarter
2 report summary; and FY 2026 budget roadmap.
F. PUBLIC COMMENT
Mayor Guajardo opened public comment.
David Lehfeldt, Corpus Christi, TX, suggested cutting the litter critter program and the
recycling program from the City's budget to assist with the deficit.
Shawn Flanagan, Corpus Christi, TX, spoke in support of Item 20.
Brad Bartilson, Corpus Christi, TX, spoke about re-examining other water options for the
City.
Robin Sanders, Corpus Christi, TX, spoke about Council decorum and City ethics.
Patsy Vazquez-Contes, Corpus Christi, TX, recognized the Mayor for her dedication to
the 4th of July Big Bang Celebration.
Charlie Webb, Corpus Christi, TX and Adam Rios, Corpus Christi, TX, spoke in support
of the funding received for the Ritz Theatre.
Samuel Aundra Fryer, Corpus Christi, TX, spoke about an alternative water supply.
Sofia Hernandez, Corpus Christi, TX, expressed gratitude to the City for accepting the
University of Texas Home to Texas Internship program.
Tina Butler, Corpus Christi, TX, spoke about the Juneteenth Festival on June 20-22, as
well as free mammograms at the health and wellness event.
Al Arreola, Corpus Christi, TX, recognized Lemonade Day, and spoke in support of the
Inner Harbor desalination plant and moving the public comment period to 5:30 p.m.
City of Corpus Christi
Page 2 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Rachel Caballero, Corpus Christi, TX, expressed a desire to move the public comment
period the day before the Council meeting and for the City to move into stage 4 water
restrictions.
The following citizens spoke in support of Item 9: Johnny Stobbs, Corpus Christi, TX,
Santiago Garcia, Corpus Christi, TX, and Scott Marsh, Corpus Christi, TX.
Jennifer Gracia, Corpus Christi, TX, spoke about the Juneteenth Festival presented by
the TABPHE organization.
Jason Hale, Corpus Christi, TX, requested GHD's participation regarding the results for
the desalination study.
Isabel Araiza, Corpus Christi, TX, asked to move the public comment period the day
before the Council meeting, expressed opposition to the Hillcrest rezoning, spoke about
the budget shortfall, and the naming rights to the Convention Center.
Melissa Zamora, Corpus Christi, TX, spoke in opposition to desalination.
Eli McKay, Corpus Christi, TX, expressed a desire to move the public comment period
the day before the Council meeting at 5:30 p.m. and in opposition to the Hillcrest
rezoning.
Pat Craig, Corpus Christi, TX, spoke in support of Item 20 and the public comment
process should allow individuals to ask questions to Council.
John Hendricks, Corpus Christi, TX, spoke about making Feast of Corpus Christi a new
City holiday.
Myra Alaniz, Robstown, TX, spoke in opposition to desalination.
The following individuals spoke in opposition to the Hillcrest rezoning: Andrea Puyol,
Corpus Christi, TX, Lia Araiza Ortiz, Corpus Christi, TX, Deanna King, Corpus Christi,
TX, Gilbert Aguirre II, Corpus Christi, TX, Lamont Taylor, Corpus Christi, TX, Christina
English, Corpus Christi, TX, Monna Lytle, Corpus Christi, TX, Daniel Pena, Corpus
Christi, TX, and Elida Castillo, Taft, TX.
The following citizens submitted a written public comment which is attached to the
minutes: Susan Lamb, Corpus Christi, TX, John Weber, Corpus Christi, TX, and
Amanda Breland, Corpus Christi, TX.
G. BOARD & COMMITTEE APPOINTMENTS: (ITEM 3)
3. 25-0818 Civil Service Board
Civil Service Commission
Ethics Commission
City of Corpus Christi Page 3 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Mayor Guajardo referred to Item 3.
Civil Service Board:
Reappointed: Deborah A. Sibila
Appointed: Joel S. Mumphord and Israel Talamantez
Civil Service Commission:
Reappointed: Deborah A. Sibila
Appointed: Joel S. Mumphord and Israel Talamantez
Ethics Commission:
Appointed: Christina Garcia and Casey O'Donnell
H. EXPLANATION OF COUNCIL ACTION:
I. CONSENT AGENDA: (ITEMS 4 - 12)
Approval of the Consent Agenda
Mayor Guajardo referred to the Consent Agenda. Items 9, 11 and 12 were pulled for
individual consideration.
Council Member Paxson moved to approve the consent agenda with the exception of
Items 9, 11 and 12, seconded by Council Member Campos. 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
4. 25-0800 Approval of the May 13, 2025 Regular Meeting Minutes
The Minutes were approved on the consent agenda.
Consent - Second Reading Ordinances
5. 25-0637 Ordinance to add new Section 12-109 to Chapter 12 of the City Code to
prohibit crossing of buoy markers at Choke Canyon Reservoir; providing for a
penalty not to exceed $500 and publication.
This Ordinance passed on second reading on the consent agenda.
Enactment No: 033656
Consent - Contracts and Procurement
City of Corpus Christi Page 4 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
6. 25-0586 Resolution authorizing the purchase of 40 additional and 35 replacement Harris
XL-85M mobile communication radio systems from Dailey and Wells
Communications, of San Antonio, Texas, for the Corpus Christi Police
Department in the amount of $350,745.00, with FY 2025 funding in the amount of
$196,417.20 from the Fleet Equipment Replacement Fund, $116,915.00 from
the General Fund and $37,412.80 from the Crime Control and Prevention
District Fund.
This Resolution was passed on the consent agenda.
Enactment No: 033657
7. 25-0490 Motion authorizing the purchase of 11 additional binocular night vision device
systems and accessories from Z Bar Supply Company, of Muleshoe, Texas, for
the Corpus Christi Police Department's Special Weapons and Tactics Team for
$168,300.00, with FY 2025 funding in the amount of $168,300.00 from the
General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-056
8. 25-0636 Motion authorizing the purchase of two additional LifePak cardiac monitors,
accessory equipment, software licenses, and preventative maintenance services
for $142,623.70 from Stryker Sales, of Kalamazoo, Michigan, through the
Sourcewell Cooperative, for the Corpus Christi Fire Department, with FY 2025
funding from the General Fund.
This Motion was passed on the consent agenda.
Enactment No: M2025-057
9. 25-0793 Resolution authorizing a two-year professional services agreement with Grail,
Inc., of Menlo Park, California, for Galleri multi -cancer early detection tests for
the Corpus Christi Fire Department in an amount not to exceed $311,520.00,
with FY 2025 funding of $233,640.00 from the General Fund.
Mayor Guajardo referred to Item 9.
Council Member Paxson requested to pull this item to express full support.
Council Member Paxson moved to approve the resolution, seconded by Council Member
Roy. This Resolution 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: 033658
City of Corpus Christi
Page 5 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
10. 25-0695 Resolution authorizing a two-year service agreement, with one two-year option to
renew, with Grace Water Services, LLC, of Katy, Texas, in an amount up to
$564,744.00, with a potential amount up to $1,129,488.00 if the option is
exercised, for preventative maintenance and repairs of the breakpoint
chlorination system at the Oso Water Reclamation Plant, with FY 2025 funding of
$69,624.00 from the Wastewater Fund.
This Resolution was passed on the consent agenda.
Enactment No: 033659
General Consent Items
11. 25-0554 Resolution canceling the 2025 Homeless Housing and Services Program
(HHSP) agreements between the City of Corpus Christi and the Nueces Center
for Mental Health and Intellectual Disabilities (MHID) and increasing the 2025
HHSP agreements with Mission 911 to $164,198.00 for the General Set Aside
and $53,111.00 for the Youth Set Aside totaling $217,309.00.
Mayor Guajardo referred to Item 11.
Council Members, City Manager Peter Zanoni, and Director of Planning and Community
Development Dan McGinn discussed the following topics: currently no money is being
issued to Mental Health Intellectual Disabilities (MHID); $217,000 is going to Mission
911; and desires to find solutions for the houseless community.
Mayor Guajardo opened public comment.
Marilena Garza, Corpus Christi, TX, voiced support for homelessness funding and
concern about lack of leadership.
Tony Reyes, Corpus Christi, TX, thanked the City Council Members for this funding.
Mayor Guajardo closed public comment.
Council Member Paxson moved to approve the resolution, seconded by Council Member
Cantu. This Resolution 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: 033660
Consent - First Reading Ordinances
12. 25-0749 Ordinance amendment Chapter 12 1/2 of the City Code of Ordinances to modify
City of Corpus Christi
Page 6 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
audit standards and make other edits.
Mayor Guajardo referred to Item 12.
Council Member Hernandez moved to amend the ordinance to Sec. 121/2-3.-Audit
Committee, seconded by Council Member Campos as follows:
(a) The audit committee will provide guidance and oversight of the city auditor's office in
the performance of its responsibilities. The audit committee will consist of four (4) council
members selected by the mayor at the beginning of each council term and be approved
by a majority of council. The mayor shall appoint one of the council members as the
chairperson. The mayor or a majority of council may remove a member of the audit
committee at any time. If a member is removed, the mayor will select a new member to
be approved by a majority of council. However, if a committee has not been appointed,
then the duties of the council audit committee as described in this chapter shall be
undertaken by the entire city council.
Council Members and City Attorney Miles Risley discussed the following topic: concerns
with how this amendment is worded without a cause for removal or change.
Council Member Paxson moved to amend the ordinance to include "for justifiable cause
that does not reflect and support the mission of the audit committee," seconded by
Council Member Hernandez and passed with the following vote: Council Members
Campos, Cantu, Hernandez, Paxson and Vaughn voting, "yes", and Mayor Guajardo and
Council Members Barrera, Roy and Scott voting, "no."
Council Member Paxson moved to approve the ordinance as amended, seconded by
Council Member Hernandez. This Ordinance was passed on first reading as amended
and approved with the following vote:
Aye: 6 - Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council
Member Cantu, Council Member Paxson and Council Member Roy
Nay: 3 - Council Member Barrera, Mayor Guajardo and Council Member Scott
Abstained: 0
J. RECESS FOR LUNCH
Mayor Guajardo recessed the Council meeting for lunch at 1:49 p.m. Executive Session
Items 25 and 27 were held during the lunch recess. Mayor Guajardo reconvened the
meeting at 2:48 p.m.
K. PUBLIC HEARINGS: (ITEMS 13 -14)
13. 25-0743 Ordinance authorizing a Wastewater Trunk Line Construction and
Reimbursement Agreement up to $322,684.80 with MPM Development, LP to
construct a wastewater trunk line related to King's Landing Unit 8 subdivision
City of Corpus Christi
Page 7 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
located north of the Lady Alexa Dr. and Lady Claudia St. intersection; and
authorizing future transfer and appropriation of Water and Wastewater Trust
Fund revenue up to $322,684.80 to reimburse the developer in accordance with
the agreement. (District 3).
Mayor Guajardo referred to Item 13.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Paxson moved to approve the ordinance, seconded by Council Member
Campos. This Ordinance was passed on first reading and approved with the following
vote:
Aye:
8 - Council Member Vaughn, Council Member Hernandez, Council Member Campos, Mayor
Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and
Council Member Roy
Absent: 1 - Council Member Barrera
Abstained: 0
14. 25-0740 Zoning Case No. ZN8545, M&R Home Solutions, LLC. (District 4). Ordinance
rezoning a property at or near 2345 Yorktown Blvd from the "RS-6" Single -Family
6 District to the "RS-6/SP" Single -Family 6 District with a Special Permit;
providing for a penalty not to exceed $2,000 and publication. (Planning
Commission and Staff recommend approval).
Mayor Guajardo referred to Item 14.
Mayor Guajardo opened the public hearing.
There were no comments from the Council or the public.
Mayor Guajardo closed the public hearing.
Council Member Paxson moved to approve the ordinance, seconded by Council Member
Roy. 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. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 15 - 16)
City of Corpus Christi
Page 8 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
15. 25-0729 Ordinance by the City Council of the City of Corpus Christi, Texas authorizing the
issuance of its utility system senior lien revenue improvement and/or refunding
bonds in one or more series (as designated by purpose and series) for Water,
Wastewater, and Stormwater utility improvements in an amount not to exceed
$181,000,000 and refinancings in an amount not to exceed $162,385,000,
within set parameters and according to the City Council adopted Capital
Improvement Plan, and the plan of finance set by the City's financial advisors;
making provisions for the payment and security thereof by a first and prior lien on
and pledge of the net revenues of the City's utility system on a parity with certain
currently outstanding utility system revenue obligations; stipulating the terms and
conditions for the issuance of additional revenue bonds on a parity therewith;
prescribing the form, terms, conditions, and resolving other matters incident and
related to the issuance, sale, and delivery of one or more series of bonds,
including the approval and distribution of one or more official statements
pertaining thereto; authorizing the execution of one or more paying
agent/registrar agreements, one or more escrow agreements, and one or more
purchase contracts; complying with the requirements imposed by the Letter of
Representations previously executed with the depository trust company;
delegating authority to the City Manager, Assistant City Manager, and Director
of Finance and Procurement to execute certain documents relating to the sale of
each series of bonds; and providing an effective date.
Mayor Guajardo referred to Item 15.
Assistant City Manager Heather Hurlbert presented information on the following topics:
financing of capital projects; summary of financial transactions; projects to be
funded -water, wastewater, stormwater, and gas; steps for issuance; and utility system
revenue bonds financing overview per approved budget.
A Council Member, City Manager Peter Zanoni, and Assistant City Manager Hurlbert
discussed the following topics: how much interest will be paid over the next 30 years;
and how this affects the total debt service for next year.
Mayor Guajardo opened public comment.
There were no comments from the public.
Mayor Guajardo closed public comment.
Council Member Paxson moved to approve the ordinance, seconded by Council Member
Campos. This Ordinance was passed on first reading and approved with the following
vote:
Aye:
8 - Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor
Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and
Council Member Roy
City of Corpus Christi
Page 9 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Nay: 1 - Council Member Hernandez
Abstained: 0
16. 25-0817 Ordinance approving a mid -year budget adjustment in an amount of
$4,077,839.00 for the Animal Care Services department including appropriating
$2,183,664.00 from the American Rescue Plan Act (ARPA) revenue interest
funds for the addition of three full-time positions for Animal Care Services
(ACS), for ACS capital improvement projects, and ACS equipment; amending
the FY 2024-25 Operating Budget and the Capital Improvement Budget by
$1,894,175.00.
Mayor Guajardo referred to Item 16.
Council Members, City Manager Peter Zanoni, Ram Munoz with Munoz Engineering,
Director of Animal Care Services Kathleen Chapa, and Assistant Director of Animal
Care Services Cynthia Martinez discussed the following topics: the cost to repair the
parking lot and maintenance yard includes concrete pavement, along with a drainage and
sanitary system; concerns with the exorbitant cost of the improvements; the City is
prioritizing the hiring of an Animal Care Director; concerns with using Certificates of
Obligation for kennels; the incinerator has been repaired; this proposed mid -year budget
adjustment includes adding three full-time positions; and Veterinarians are currently
contracted.
Council Member Barrera moved to approve the ordinance, seconded by Mayor
Guajardo. This Ordinance was passed on first reading and approved with the following
vote:
Aye: 8 - Council Member Barrera, Council Member Vaughn, Council Member Campos, Mayor
Guajardo, Council Member Cantu, Council Member Scott, Council Member Paxson and
Council Member Roy
Nay: 1 - Council Member Hernandez
Abstained: 0
M. BRIEFINGS: (ITEMS 17)
17. 25-0854 Update on Alternative Water Supply Projects, to include a presentation on the
Seven Seas/ South Texas Water Authority brackish groundwater project, and
possible action.
Mayor Guajardo referred to Item 17.
Chief Operating Officer of Corpus Christi Water (CCW) Drew Molly presented
information on the following topics: drought monitor; monthly raw water usage; water
supply dashboard; groundwater supply assessment; Nueces River Groundwater Wells
project; Evangeline Laguna, LLP (Evangeline) Groundwater project; Echelman-Voigt
(EV) Ranch project; and South Texas Water Authority partnership.
City of Corpus Christi
Page 10 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Council Members, COO of CCW Molly, and Water Resource Manager Esteban Ramos
discussed the following topics: the percentage of the combined lake levels; stage 4
water restrictions will take effect October 2026; the City is currently receiving 55 million
gallons per day (MGD) from the Mary Rhodes Pipeline; how to assist seniors with paying
their utility bills; the Water Summit profited $87,000; and how many gallons of water can a
42 inch pipeline produce.
N. COUNCIL REQUESTED ITEMS: (ITEMS 18 - 24)
18. 25-0878 Reconsideration of "Presentation of the Plan of Finance for FY 2025 and
resolution by the City Council of the City of Corpus Christi, Texas, authorizing
and approving publication of Notice of Intention to issue not more than
$43,200,000 of Certificates of Obligation, in one or more series, for certain
capital improvements, as included and approved by City Council in the Fiscal
Year 2025 Capital Budget; complying with the requirements contained in
Securities and Exchange Commission Rule 15c2-12; and providing an effective
date," as submitted by Council Members Sylvia Campos and Eric Cantu.
This Item was withdrawn.
19. 25-0892 Discussion regarding the usage of a current Mayor's name for a City Sponsored
Event, as requested by Council Members Sylvia Campos, Eric Cantu, Gil
Hernandez.
Mayor Guajardo referred to Item 19.
Council Members, City Manager Peter Zanoni, and City Attorney Miles Risley discussed
the following topics: concerns with using the Mayor's name on City events; there is no
ethics opinion regarding using names on a community celebration; and how funds are
tracked for this event.
Mayor Guajardo opened public comment.
Susie Saldana, Corpus Christi, TX, expressed concern about adding this insignificant
topic to the agenda.
Mayor Guajardo closed public comment.
20. 25-0893 Discussion and possible action regarding a Memorandum of Understanding
(MOU) between the City of Corpus Christi and the South Texas Water Authority,
as requested by Council Members Carolyn Vaughn, Eric Cantu, and
Sylvia Campos.
Mayor Guajardo referred to Item 20.
Nueces County Commissioner John Marez provided a brief background about South
Texas Water Authority (STWA).
City of Corpus Christi
Page 11 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Council Members, Nueces County Commissioner Marez, and Kleberg County Judge
Rudy Madrid discussed the following topics: STWA can transmit up to 28 million gallons
of water per day (MGD); the timeline for this project is approximately 24 months; all
studies have been completed by Seven Seas Water Group; there will be no cost to the
City or debt involved; STWA will provide maintenance and operation to the facility; a
contract needs to be in effect before September for a 30 year fixed rate; and the water
rate amount will not exceed $5.50 for 5,000 gallons of water.
Mayor Guajardo opened public comment.
Gail Anderson, Corpus Christi, TX, spoke in support of this Item.
Mayor Guajardo closed public comment.
Council Member Vaughn made the following motion: Motion for the City of Corpus
Christi to enter into a Memorandum of Understanding with South Texas Water Authority
within 10 days and direct the City Manager to bring back a contract with South Texas
Water Authority within 45 days for a council vote based on the rate, seconded by Council
Member Paxson. The 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: M2025-058
21. 25-0894 Nonbinding motion of support for awarding the naming rights for the Convention
Center to the entity that offers the most funding to the City for said rights, as
requested by Council Members Carolyn Vaughn, Eric Cantu, and Sylvia
Campos.
Mayor Guajardo referred to Item 21.
Council Members, City Manager Peter Zanoni, and General Manager of OVG360 Daniel
Melise discussed the following topics: desires to award the naming rights for the
Convention Center to the highest bidder; the naming rights process has been ongoing for
two years; OVG360 closed the naming proposals on May 31; OVG360 considers several
factors when deciding to accept a bid; and over 90 entities have expressed interest in
naming rights.
Mayor Guajardo opened public comment.
Susie Saldana, Corpus Christi, TX, spoke in support of awarding the naming rights for
the Convention Center to the highest bidder.
City of Corpus Christi
Page 12 Printed on 6/13/2025
City Council
Meeting Minutes June 10, 2025
Mayor Guajardo closed public comment.
Council Member Vaughn moved to amend the motion as follows: Nonbinding motion of
support for awarding the naming rights for the Convention Center to the most responsible
entity that offers the most funding to the City for said rights, seconded by Council Member
Cantu. This Motion was passed as amended and approved with the following vote:
Aye: 6 Council Member Vaughn, Council Member Hernandez, Council Member Campos, Council
Member Cantu, Council Member Paxson and Council Member Roy
Nay: 2 - Council Member Barrera and Council Member Scott
Abstained: 1 - Mayor Guajardo
Enactment No: M2025-059
22. 25-0895 Discussion with possible action regarding changes to the City Council's public
comment process to enhance community participation, as requested by
Council Members Carolyn Vaughn, Eric Cantu, and Sylvia Campos.
Mayor Guajardo referred to Item 22.
Council Members, City Manager Peter Zanoni, and City Attorney Miles Risley discussed
the following topics: this new process would move the noon public comment period to
5:30 p.m.; a request to keep public comment at noon and add a second public comment
period at 5:30 p.m.; a request to provide ample public explanations for the new public
comment change; and the public would still be allowed to speak on individual items when
the items are called.
Mayor Guajardo opened public comment.
Susie Saldana, Corpus Christi, TX, spoke in opposition to moving the public comment
period to 5:30 p.m.
Joshua Fraedrick, Corpus Christi, TX, recommended keeping the noon public comment
period and adding a second public comment period at 5:30 p.m.
Conor Rice, Corpus Christi, TX, suggested using a clipboard to allow citizens to sign up
for public comment until 5:30 p.m. the day of the meeting.
Mayor Guajardo closed public comment.
Council Member Vaughn made the following motion: Move public comment period from
12:00 p.m. to 5:30 p.m. effective July 15, 2025. City Council will still be in session during
the 5:30 p.m. public comment period even if quorum is lost, seconded by Council
Member Hernandez. This Motion was passed and approved with the following vote:
Aye:
8 - Council Member Barrera, Council Member Vaughn, Council Member Hernandez, Council
Member Campos, Council Member Cantu, Council Member Scott, Council Member
Paxson and Council Member Roy
City of Corpus Christi Page 13 Printed on 6/18/2025
City Council
Meeting Minutes June 10, 2025
Nay: 1 - Mayor Guajardo
Abstained: 0
Enactment No: M2025-060
23. 25-0896 Discussion and possible action to refer to the City Auditor for investigation into
potential waste and abuse of taxpayer funds by city manager and staff relating to
claims and payments made by the city to Luminare INC. This includes reviewing
whether City staff circumvented City Council approval processes in an amount
greater than $50,000 and to avoid public disclosure, as requested by Council
Members Sylvia Campos, Eric Cantu, and Gil Hernandez.
Mayor Guajardo referred to Item 23.
Council Members, City Manager Peter Zanoni, City Attorney Miles Risley, and Interim
Director of Public Health Department Dr. Dante Gonzalez discussed the following topics:
the City had a contractual obligation to pay the vendor $262,000 for three years; a
Council Member's request for an audit on this item; and whether this contract could have
been terminated before it was automatically renewed. (see attached memo from the City
Attorney)
24. 25-0898 Discussion and possible action on council policy regarding the scheduling of council
meetings, as requested by Council Members Eric Cantu, Carolyn Vaughn,
and Gil Hernandez.
Mayor Guajardo referred to Item 24.
Council Members discussed the following topics: a desire to limit Council meetings to
every 14 days to allow staff more time to prepare and for more productive meetings; and
a concern that having less meetings per month would lengthen the meetings.
Council Member Cantu moved to table this item to the next council meeting, seconded by
Council Member Vaughn. This Item was tabled with the following vote:
Aye: 6 - Council Member Vaughn, Council Member Hernandez, Council Member Cantu, Council
Member Scott, Council Member Paxson and Council Member Roy
Nay: 2 - Council Member Barrera and Mayor Guajardo
Absent: 1 - Council Member Campos
Abstained: 0
O. EXECUTIVE SESSION: (ITEMS 25 - 27)
25. 25-0785
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 claim by Thomas Joseph Moore
against City, including potential consideration of settlement offers and/or fees for
City of Corpus Christi
Page 14 Printed on 6/18/2025
City Council
Meeting Minutes June 10, 2025
attorneys, engineers, other expert witnesses assisting in this case, deposition
fees, and court costs, and updates on litigation in other cases.
The following motion was considered:
Motion to authorize the execution of all documents necessary to settle the claim of
Thomas Joseph Moore against the City for all personal injury claims arising from an auto
accident on August 15, 2023, in an amount not to exceed $125,000.
Council Member Barrera moved to approve the motion, seconded by Council Member
Campos. 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: M2025-061
26. 25-0847 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 utility plants purchased by CPS, the
Corpus Christi Housing Authority and land to be purchased by said entity and
Texas Government Code § 551.072 to discuss and deliberate the potential
purchase and/or value of the aforementioned property rights because
deliberation in an open meeting would have a detrimental effect on the position
of the governmental body in negotiations with a third person.
This E-Session Item was postponed.
27. 25-0863 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 purchase and value of
real property rights at/near FM624 and/or Northwest Boulevard and/or FM666
and/or County Road 59 and/or County Road 44, all in Nueces County and
property rights related to groundwater in San Patricio County at/near1-69 and/or
Highway 181 related to the Evangeline Aquifer, property rights in other areas in
Hogg County related to the Catahoula Aquifer, rules of the Brush Country
Groundwater Conservation District, the San Patricio County Groundwater
Conservation District, and the TCEQ, potential real property rights and/or
contracts related thereto involving groundwater well development near Driscoll,
Texas and Texas Government Code § 551.072 to discuss and deliberate the
potential purchase and/or value of the aforementioned property rights because
deliberation in an open meeting would have a detrimental effect on the position
of the governmental body in negotiations with a third person.
The following motion was considered:
Motion authorizing a Real Estate Sales Contract with Bapo Land, Inc. for the purchase of
City of Corpus Christi
Page 15 Printed on 6/18/2025
City Council
Meeting Minutes June 10, 2025
approximately 250 acres of land known as Sutherland Ranch near the intersection of FM
666 and FM 624 (which may also be described as 250.116 acre tract out of the Vicente
Lopez Herrera Portion of the Barranco Blanco Grant) near Bluntzer, in Nueces County,
Texas, in an amount not to exceed $2,133,500.
Council Member Paxson 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: M2025-062
P. ADJOURNMENT
There being no further business, Mayor Guajardo adjourned this meeting at 9:39 p.m.
City of Corpus Christi
Page 16 Printed on 6/18/2025
`1s
: 11 Attorney-Client Privileged Communication
`' 11 MEMORANDUM
.w
\,ena
To: Mayor and City Council w
From: Miles Risley, City Attorney
CC: Peter Zanoni, City Man. : %
Date: June 9, 2025
Subject: Luminare Contract Approval
Issue/Problem:
Did City Staff circumvent the City Council approval process to authorize a contract in an amount
greater than $50,000 related to the Luminare three-year City Council-approved contract?
No, on June 14, 2022, the City Council authorized the purchase of a three-year software license
renewal from Luminare, Inc., of Houston, for $786,000.00 for COVID-19 testing and vaccine
software for the Corpus Christi-Nueces County Public Health District ("District"), with FY 2022
funding of$262,000.00 for the first year available from the District's COV1D-19 grant fund, by a
vote of 9-0. All payments were in accordance with the said contract.
Background & Findings:
The Corpus Christi-Nueces County Public Health District entered into a contract with Luminare,
Inc. for vaccine reporting software on April 6, 2020. It utilized Luminare's software to provide
approximately 30,000 citizens with testing eligibility, registration, scheduling, testing results, and
reporting to Texas Health Trace. On June 14, 2022, the City Council authorized the purchase of
a three-year software license renewal from Luminare, Inc., of Houston, for $786,000.00 for
COVID-19 testing and vaccine software for the Corpus Christi-Nueces County Public Health
District ("District"), with FY 2022 funding of $262,000.00 for the first year available from the
District's COVID-19 grant fund, by a vote of 9-0. (See Exhibit A). The vaccine software enabled
the Health Department to provide approximately 220,000 citizens with vaccine eligibility
information, registration, scheduling, vaccination status updates, and reminders. Pursuant to said
resolution, the former Assistant Director, Finance & Procurement, executed an extension
Exhibits B) to the existing Service Agreement executed initially on April 16, 2020 (Exhibits C),
by a former Director of Contract and Procurement. The contracts lacked standard legal language,
typically used in City Contracts, which would have provided an option to terminate with 30 days'
notice and included a non-appropriation clause.
Corpus Christi-Nueces County Public Health District made full payment of$262,000.00 per year
for contract years 1 and 2 as provided in the agreement authorized by the City Council. On March
26, 2024, at the request of the former Director of the Public Health District, the former Assistant
Director of Finance and Procurement sent a letter to Luminare Inc. seeking termination of the
agreement due to the expiration of the COVID-19 grant funding. (See Exhibit D) The former
Director of the Public Health District directed the Public Health Administrator to send a subsequent
termination letter, despite the Public Health Administrator's lack of delegated authority from the
City Manager to do so. (See Exhibit E) In defense of these letters, City Legal sent a last
Page 1 of 2
termination letter due to a lack of grant funds. (See Exhibit F) Unfortunately, the former Director
of the Public Health District misinformed the assistant director and assistant city attorney.
Contrary to what was communicated by the former Director of the Public Health District, there
was ample grant funding. At the close of the grant, there was actually $13,339,930.53 in available
grant funding. The former Director's misinformation and poor judgment created unnecessary legal
liability and potential reputational damage for the City.
In response to City Legal's letter, Attorney Doug Allison, representing Luminare Inc., sent the City
a demand letter for the$262,000.00 on September 10, 2024. (See Exhibit G)
Due to the weak legal position of the City and the potential for attorney's fees, City legal sought
mediation with Luminare, Inc. At the mediation, Luminare, Inc. agreed to accept $202,500 in lieu
of pursuing litigation against the City. However,such a settlement would have negatively impacted
the City's general funds, as grant funds were not eligible to be utilized for legal fees. (See Exhibit
H)
Upon presenting the results of the mediation to the City Manager for an agenda item for City
Council approval, the City Manager declined (1) the agenda item (2) the settlement, (2) staffs
approach and processes that led to the settlement, and (4)the potential loss of City General Fund
revenue. The City Manager opted to pay the $262,000 to Luminar pursuant to the contract as
approved by the City Council. Honoring the contract avoided reputational damage to the City and
made Luminare whole, without resorting to the threat of litigation to obtain a discount on the
money owed.
Furthermore, the payment of the contract utilized grant funds from the Texas Department of State
Health Services, which had previously awarded $22,800,779.00 for Contract No.
HHS001019500010 to increase vaccination capacity for the Corpus Christi-Nueces County Public
Health District. The Statement of Work for the grant contract includes funding local health
departments to expand their operations (e.g., providing vaccinations during evenings, overnight,
and on weekends) and to increase their throughput. Additionally, the Statement of Work for the
grant contract includes funding for the implementation of vaccine strike teams, mobile vaccine
clinics, satellite clinics, temporary, or off-site clinics to travel and provide vaccination services in
nontraditional settings and/or to supplement the work of local health departments in underserved
communities.
Conclusion
The City Council authorized a three-year software license renewal from Luminare, Inc., of
Houston, for $786,000.00 via a resolution. Pursuant to that authorization, the City Manager
honored the terms of the three-year software license utilizing grant funds.
Page 2 of 2
•
EXHIBIT A
Resolution authorizing the purchase of a three-year software license
renewal from Luminare, Inc., of Houston, for$786,000.00 for COVID-19
testing and vaccine software for the Corpus Christi-Nueces County
Public Health District ("District"), with FY 2022 funding of$262,000.00
for the first year available from the District's COVID-19 grant fund.
WHEREAS, COVID-19 testing and vaccine software is needed for use by the
District in the delivery of services;
WHEREAS, State law provides that such procurements, as outlined above, are
subject to statutory procurement requirements, including competitive bids, unless an
exception applies;
WHEREAS, there is a statutory exemption for this procurement in Texas Local
Government Code, Section 252.022(a)(2), as a procurement necessary to preserve or
protect the public health and safety of the municipality's residents; and
WHEREAS, there is a second statutory exemption for this procurement in Texas
Local Government Code, Section 252.022(a)(7), as a procurement of items that are
available for only one source due to patents or copyrights.
Be it resolved by the City Council of the City of Corpus Christi, Texas:
Section 1. The City Council specifically finds that the foregoing statements included in
the preamble of this resolution are true and correct and adopts such findings for all intents
and purposes related to the authorization of this procurement.
Section 2. The City Manager, or his designee, is authorized to execute all documents
necessary to obtain a three-year software license renewal from Luminare, Inc., for a total
amount of $786,000.00, with FY 2022 funding of $262,000.00 for the first year of the
license renewal available from the District's COVID-19 grant fund.
PASSED AND APPROVED on the �t1h day of j-k(`Q_ , 2022:
Paulette Guajardo
Roland Barrera
Gil Hernandez k.))/'\
Michael Hunter
Billy Lerma
John Martinez
Page 1 of 2
032775 SCANNED
Ben Molina
Mike Pusley ,A1)4-41/
Greg Smith
ATTEST: " ' OF CORPUS CHRISTI
'1 iCrA4r4-14C2
ebecca Huerta / Paulette Guajardo
City Secretary Mayor
Page 2 of 2
032775
CITY OF CORPUS CHRISTI
CERTIFICATION OF FUNDS
(City Charter Article IV, Sections 7 & 8)
I, the Director of Financial Services of the City of Corpus Christi, Texas (or his/her duly
authorized representative), hereby certify to the City Council and other appropriate officers that
the money required for the current fiscal year's portion of the contract, agreement, obligation
or expenditure described below is in the Treasury to the credit of the Fund specified below, from
which it is to be drawn, and has not been appropriated for any other purpose. Future payments
are subject to annual appropriation by the City Council.
City Council Action Date: June14, 2022 Legistar Number: 22-0882
Agenda Item:
Resolution authorizing the purchase of a three-year software license renewal with Luminare, Inc.,
of Houston, for $786,000.00 for COVID-19 testing and vaccine software for the Corpus Christi-
Nueces County Public Health District ("District"), with FY 2022 funding of $262,000.00 for the
first year available from the District's COVID-19 grant fund.
Amount Required: $262,000.00
Fund Name Accounting Unit Account Activity No.
N .
Health Grants 1066-103 520100 831559F $262,000.00
Total $262,000.00
❑ Certification Not Required
Director of Financial Services
Date: ctw, 'a�
DocuSign Envelope ID:5FDB7EFA-C89C-41BF-964C-801080FA7A96
EXHIBIT B
QUOTE
DATED MAY 10TH 2021
This Order Form dated 5/17/2022 (Effective Date) is an extension to the Service Agreement("Agreement"),
dated as of 5/17/2021 is made by and between LUMINARE Inc., with a place of business at TMC Innovation
Institute, 2450 Holcombe Blvd., Suite X, Houston, Texas 77021 ("LUMINARE"), and City of Corpus Christi,
Texas with a place of business at 1702 Home Rd Corpus Christi, TX 78416 ("Company").
Contract term 36 months from Effective Date.
LUMINARE will invoice Company on execution of the Agreement the Total listed in the below table. Will be
auto renewed for I2-month terms.
LUMINARE will invoice Company on execution of the Agreement:
Annual Fee of$262,000 for year 1.
Annual Fee of$262,000 on anniversary date for year 2
Annual Fee of$262,000 on anniversary date for year 3
Details listed in the below table.
Innoculate and QS Proposal for COVID-19
City of Corpus Christi
Proposal items 3 year contract
Innoculate -COVID-19 List Price/year $452,867
Innovation Partner Discount/year
($202,867) _
Subtotal $250,000
Additional Multiyear discount(10%)/year ($25,000)
Subtotal per year $225,000
Annual ImmTrac Integration Fee $5,000
Subtotal for Innoculate COVID-19 subscription and fees per year $230,000
QSPH COVID-19 price/year $92,500
Innovation partner discount+Multiyear discount
+Multiple product discount/year (61,667)
Subtotal for QSPH COVID-19 price per year $30,833
Annual HL7 Lab integration fee $1,167
Total for QSPH COVID-19 subscription and fees per year $32,000
1
DocuSign Envelope ID:5FDB7EFA-C89C-41BF-964C-801080FA7A96
Notes on next page
NOTES:
1 Pricing valid until May 17,2022(agreements and PO).
2 Innoculate for COVID-19 and QSPH for COVID-19 subscription for 36 months
3 Annual fee to maintain integration for vaccine reporting with ImmTrac and
integration to Lab interface
4 LUMINARE may offer health information or discounts to users that interact with
the solution
*valid only for use for City of Corpus Christi Health department for administering
tests
Special Fees:
Customization and/or special project work beyond reasonable scope may be charged at an hourly rate of
$200/hr, with estimates provided for approval prior to proceeding.
IN WITNESS WHEREOF,the parties have caused their duly authorized officers to execute this Agreement.
LUMINARE INC. CLIENT: CITY OF CORPUS CHRISTI,
TEXAS
Docusigned by: i-DocuSigned by:
By: s-344AAFB313134C2... By: L-F7D548666E5B4EC...
name: Karma IN. vetamuri, M.D. Name.
Title: Chief Executive Officer Title:
Res.032775 Authorized By
Council 6-14-2022 ATTEST:
,e—Dooccu8Slg�neey�
dby::
DS (1 e- -tn%v"
`---3TA,r a2v05 r94 r D...
L /St Rebecca Huerta
City Secretary
2
DocuSign Envelope ID:AE2967B4-AB3A-4A8D-8698-D3A4736B367C
EXHIBIT C
SERVICE AGREEMENT
This Service Agreement(Agreement), dated as of April 6Th, 2020 2020 (Effective Date), is made by and
between Luminare Inc.,with a place of business at TMC Innovation Institute, 2450 Holcombe Blvd.,
Suite X, Houston, Texas 77021 (Luminare), and Corpus Christi —Nueces County, (Company) at 1201
Leopard Street, Corpus Christi, TX 78401
The parties agree as follows:
1. Service. The parties intend for Company to use Luminare's QuickScreen COVID-19 screening
services identified in the Scope of Work,which is attached as Attachment A,Exhibit A ,Service Specs
and Fee Schedule attached as Exhibit B, the Service), to be provided to Company as a hosted, SaaS
service. Subject to the terms and conditions of this Agreement, Luminare grants to Company a
nonexclusive and nontransferable license to use the Service for the term of this Agreement. All such
use will be solely for internal purposes of the Company,by its employees and any healthcare providers,
pharmacists or other employees who are involved either in patient care or quality management related
to patient care who are authorized by the Company to use the Service, at the Company's facility.
2. Statement of Works: The Company and Luminare may enter into one or more Statement of Works
(SOWs) to set forth specific services or requirements that may be needed and attached to ExhibitA
and part of this Agreement. To the extent there are any conflicts or inconsistencies between this
Agreement and any Statement of Work, unless specifically noted as an exception in the Statement of
Work,the provisions of this Agreement will govern and control.
3. Payment. Company will pay to Luminare the fees and other amounts noted on the fee schedule
attached as any Exhibit B's or as may be specified in any agreed SOW that may be attached to and
part of this Agreement. All fees and other amounts are exclusive of tax, and Company is responsible
for all taxes or charges assessed by any governmental authority, except income taxes payable by
Luminare, in connection with the Service provided to Company under this Agreement. Unless
otherwise specified on the fee schedule, any amount due will be paid no later than 30 days after the
date of invoice.
4. Term; Termination. This Agreement commences on the Effective Date and will remain in effect for
a minimum of one (l) year (the Initial Term.) This agreement is specifically for the QuickScreen
COVID-19 product and should not require renewal after 1 year. The provisions of this Agreement
which by their terms are intended to survive termination of this Agreement and shall survive such
termination. Either Party may terminate this Agreement if the other Party materially breaches the
terms and conditions set forth herein, provided however,that such breaching Party is provided no less
than thirty (30) days in which to cure such alleged material breach following actual receipt of the
written notice from the non-breaching Party describing the alleged breach in reasonable detail.
5. Ownership of Service IP. Company agrees that as between Company and Luminare, the software
and other intellectual property underlying the Service, as well as any Service user materials, are the
property of Luminare and are protected under U.S. and international intellectual property laws,
including copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and
laws (IP Protection Laws). Luminare reserves all rights not expressly granted in this Agreement.
Luminare has the right, but not the obligation, to monitor the Service,Input Data and Service reports.
6. Ownership of Input Data; Permitted Use. As between Company and Luminare, Luminare
acknowledges and agrees that any Input Data is proprietary to Company and/or third parties, and not
Private and Confidential
DocuSign Envelope ID:AE296784-AB3A-4A8D-8698-D3A4736B367C
proprietary to Luminare. Company represents and warrants that it has all necessary consents, or owns
or otherwise controls all necessary rights,to supply Input Data in connection with the Service and that
use of Input Data for such purpose will not violate any applicable law or infringe or violate the rights
of any third party. Luminare will have no liability under this Agreement for any failure of the
foregoing Company representation and warranty. In addition, Company grants Luminare a
nonexclusive license to use de-identified and/or aggregated data uploaded to the Service and/or
produced from Company's use of the Service, for the purposes of evaluating effectiveness of the
Service, making improvements to the Service,and generating statistics regarding(i)any of the results
of use of the Service or(ii)the general effectiveness of medications and other treatments, individually
and in concert,on disease states.
7. Limitations of Liability. Except for any breaches of a party's obligations relating to confidentiality
or Company's obligations concerning its use of Luminare's intellectual property, in no event will
either patty's aggregate liability hereunder to the other party exceed the total fees paid by Company
to Luminare for the twelve-month period preceding the date on which the subject liability arose.
EXCEPT FOR ANY BREACHES OF A PARTY'S OBLIGATIONS RELATING TO
CONFIDENTIALITY OR COMPANY'S OBLIGATIONS CONCERNING ITS USE OF
LUMINARE'S INTELLECTUAL PROPERTY HEREUNDER, IN NO EVENT SHALL EITHER
PARTY BE LIABLE, UNDER ANY LEGAL OR EQUITABLE THEORY OF LIABILITY, WITH
RESPECT TO THE SERVICE (EXCEPT TO THE EXTENT OTHERWISE REQUIRED BY
APPLICABLE LAW OR BY ANOTHER AGREEMENT BETWEEN THE PARTIES HERETO)
FOR ANY LOST DATA,LOST PROFITS,OR SPECIAL,INDIRECT,INCIDENTAL,PUNITIVE,
OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER REGARDLESS OF
WHETHER SUCH LOSS WAS FORESEEABLE OR THE PARTY SUFFERING THE LOSS OR
DAMAGE WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE.
8. USE WARNINGS.THE COMPANY DOES NOT OFFER MEDICAL ADVICE,DIAGNOSES
OR OTHER HEALTH MANAGEMENT SERVICES OR ENGAGE IN THE PRACTICE OF
MEDICINE. THE SERVICE IS NOT INTENDED TO BE, AND DOES NOT CONSTITUTE,
A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE BY PHYSICIANS OR
LICENSED INDEPENDENT PRACTITIONERS, OR A SUBSTITUTE FOR DIAGNOSIS,
TREATMENT OR HEALTH MANAGEMENT AND IS OFFERED FOR INFORMATIONAL
PURPOSES ONLY. FURTHERMORE, THE INFORMATION PRODUCED BY THE
SERVICE IS ONLY USEFUL TO THE EXTENT THAT THE INPUT DATA IS ACCURATE.
END USERS SHOULD ALWAYS RELY ON THEIR CLINICAL JUDGMENT WHEN
MAKING DECISIONS REGARDING PATIENT CARE. AT ALL TIMES, IT IS THE
RESPONSIBILITY OF COMPANY AND ITS END USERS TO ACCESS, REVIEW AND
RESPOND TO ALL RESULTS FROM USE OF THE SERVICE, INCLUDING WITHOUT
LIMITATION ANY ALERTS MADE AVAILABLE BY THE SERVICE (COLLECTIVELY,
SERVICE RESULTS), IN A TIMELY AND CLINICALLY APPROPRIATE MANNER, AND
LUMINARE WILL HAVE NO LIABILITY TO COMPANY, ANY END USER OR ANY
THIRD PARTY FOR ANY FAILURE OF COMPANY, ANY END USER OR ANY OTHER
CLINICIAN TO APPROPRIATELY RESPOND TO ANY SERVICE RESULTS.
Private and Confidential 2
DocuSign Envelope ID:AE2967B4-AB3A-4A8D-8698-D3A4736B367C
IN WITNESS WHEREOF, the parties have caused their duly authorized officers to execute this
Agreement.
LUMINARE INCORPORATED NUECES COUNTY,TEXAS
y pi/
Docu$Ignsd by:
By: By: 1131C3E1A7130344F...
Name: -ma N. Velamuri, M.D. Name: Kim Baker
Title: Chief Executive Officer Title: Director of Contracts and Procurement
Private and Confidential 3
DocuSign Envelope ID:AE2967B4-AB3A-4A8D-8698-D3A4736B367C
EXHIBIT A
to Service Agreement
Service Use Requirements; Service Specifications
Part 1 —Current Data Input and similar Technical Requirements
Company shall provide or supply, as applicable,the following:
• Medical Executive Committee (MEC) approved COVID-19 screening protocol -if there is no
protocol in place Luminare will provide a draft protocol for approval.
• Administrative oversight to ensure adequate overview of the use QuickScreen Covid-19 solution
for the Company.
Project Name: COVID-19 QuickScreen Web Tool for Health Department
Background:
In an effort to increase the efficiency of COVID-19 testing, the Health Department
will implement the COVID-19 QuickScreen Web Tool. The web tool will identify
persons as needing COVID-19 testing or not prior to arriving to the testing site. The
City's IT Department will be publishing a link on the City's Health Department website
that directs users to the online screening tool. All work is going to be done off site
and remotely for this project. This screening tool is at no cost to the City, but
Contractor will require a news joint news release to be published when the website
is announced. The press release will name Luminare "the Contractor" in the headline
as a partner to the City/County and needs to be mutually approved before release.
Scope of Work:
Contract shall provide QuickScreen COVID-19 Screening Solution Platform.
Contractor shall ensure that template is fully developed with data specific to the City
of Corpus Christi.
Contractor shall provide application programming interface (API) for to City to
access positive screening results.
City of Corpus Christi Point of Contact:
Holly Houghton
City of Corpus Christi
IT Application Analyst
361-826-3753
holly@cctexas.com
Contractor Point of Contact:
Aaron Alex
Luminare
Customer Success Associate
832-986-1483
aaron.alex@luminaremed.com
Private and Confidential 4
DocuSign Envelope ID:AE2967B4-AB3A-4A8D-8698-D3A4736B367C
Part 2 - Security Matters Concerning Use of Service
Input Data will be supplied to Luminare either by Company or on Company's behalf. In addition, in order
to access reports generated by the Service, Company will have/access to certain Service web page(s).
Company will be responsible for maintaining the security and confidentiality of all activity (i) to supply
Input Data to the Service and (ii) to access reports generated for Company by the Service. Company will
take reasonable steps, including no less than industry standard security measures,to prevent unauthorized
use of the Service, and Company will immediately notify Luminare in writing of any unauthorized use of
any of its users' login names or passwords of which such user, or other Company party, becomes aware.
Luminare may suspend the Service (in whole or in part), including without limitation suspending access
for certain previously authorized users, in the event of the potential or actual compromise or unauthorized
use of the Service. The Parties understand that the Company is a Texas governmental entity. Release of
any information in accordance with the Texas Public Information Act does not violate any provision of
this Agreement.
Part 3—Compliance with Applicable Law
Each party agrees to comply with all applicable federal, state and local laws, orders, regulations and
regulatory standards with respect to its respective obligations and performance under this Agreement and,
in the case of Company,with respect to Company's use of the Service.
Part 4—Error Reporting
Company will follow Luminare's reasonable procedures and instructions to report any errors and
difficulties it encounters with regard to the Service so as to permit Luminare to recreate and evaluate same.
Part 5—Additional Restrictions on Company's Use of Service
Company will not (a)use the Service or any documentation, know-how or other information received
from Luminare or its representatives or licensors (the Evaluation Materials) to create any similar
application or service,(b) decompile,disassemble or otherwise reverse engineer any technology employed
by the Service, or use any similar means to discover the source code or trade secrets embodied in the
Service, or otherwise circumvent any technical measure that controls access to the Service or (c) permit
any third party use the Service to do any of the foregoing. Except for the limited rights and licenses
expressly granted in this Agreement, no other license is granted, no other use is permitted and Luminare
and its licensors will retain all right, title and interest (including patents, copyrights, trade secrets and
trademarks) in and to the Service, Evaluation Materials and any underlying intellectual property
(acknowledging that none of the foregoing includes any Input Data). Company will not take any action
inconsistent with such ownership.
Part 6
6.1 Company Personnel Commitment
Company will ensure that its personnel who may be necessary or appropriate for the successful
implementation of the services will, on reasonable notice, (i) be available to assist Luminare personnel
by answering relevant business, technical and operational questions and providing requested data,
documents, guidelines and procedures, if any, that are relevant, in a timely manner; (ii) participate in
periodic testing and similar evaluative use of any services, as outlined in the Agreement, or as
reasonably requested by Luminare; (iii) participate in progress and other services related meetings; (iv)
Private and Confidential 5
DocuSign Envelope ID:AE2967B4-AB3A-4A8D-8698-D3A4736B367C
contribute to system testing and data integrity testing; and (v) be available to assist Luminare with any
other activities or tasks required in order for the services to be provided for Company's use in
accordance with this Agreement.
6.2 Marquee client privileges:
6.2.1. Company agrees to serve as reference customer to field a reasonable number of calls if requested
by other Luminare clients.
6.2.2. Co-publication of whitepaper on outcomes.
6.2.3. Approved Combined partnership press release upon signing of this agreement on QuickScreen
Covid-19 to help promote rapid adoption in the state of Texas.
Release must be issued to AP and all news wire services used by the County.
Private and Confidential 6
DocuSign Envelope ID:AE2967134-AB3A-4A8D-8698-D3A4736B367C
EXHIBIT B
to Service Agreement
Fee Schedule and Product Services
Contract term: Initially 1-year term as specified in the Agreement. No Subscription fees will be payable
for use of the COVID-19 product.
Total amount invoiced at time of signing contract:N/A
Rates are for per inpatient hospital (geographic) location unless otherwise
specified
Services Rate Notes
Luminare will accept
donations or fees at the
QuickScreen Covid-19 company's discretion if funds
Screening Solution are provided for this by CDC
Platform N/A or Federal funds
Limited support during
working hours by email
Support Included
Protocol Vetting and
Compliance Checking N/A
Education Superuser
training per session N/A Web-based training is free.
Special Fees
• Luminare will accept donations from the Company if federal funds or CDC funds become
available for this function
• Customization and/or special project work beyond reasonable scope may be charged at an hourly
rate ($451 through December 31, 2021), with estimates provided for approval prior to
proceeding.
Private and Confidential
DocuSign Envelope ID:OCADFFCF-EBEB-413F-AD9D-A4750B1 B3309
EXHIBIT D
NOTICE OF NON-RENEWAL &TERMINATION
fir O rn
Y �
J ,,
in52
Date: March 26, 2024 Via CMRRR#7020 2450 0000 3636 2323
FINANCE- Via First Class Mail
PROCUREMENT
Luminare Inc.
PO Box 9277 Attn: Sarma Velamuri, M.D.
Corpus Christi TMC Innovation Institute
Texas, 78469-9277
Phone: 2450 Holcombe Blvd., Suite X
361.826.3160 Houston, Texas 77021
Subject: Service Agreement 3541 —QuickScreen Web Tool & Innoculate
Dear Dr. Velamuri,
Thank you for providing services to the City of Corpus Christi ("City"). The City has
determined that it is in the best interest of the City not to renew the above-referenced
agreement and to terminate due to the availability of COVID grant funding ending.
This letter serves as advance notice to Luminare Inc., for termination of the above-
referenced agreement. Termination of the agreement is effective at the close of
business on May 16, 2024.
If Luminare Inc. has any outstanding invoices for work completed prior to the
termination date, please mail the invoices to the City's Accounts Payable Division, with
copies to the Contract Administrator, within five days of the termination date.
Regards,
CIpned by:
F7D548656E5B4EC...
Josn unroniey
Assistant Director, Finance & Procurement
cc: Dr. Fauzia Khan, Director of Public Health
Corpus Christi-Nueces County Public Health District
�� EXHIBIT E
u :;III .
�� •w
,�a CONTRACT TERMINATION LETTER
Corpus Christi—Nueces County Public Health District
1702 Home Rd
Corpus Christi, Texas 78416
April 2nd, 2024
Luminare Inc.
Attn: Meghan Wittorf
2450 Holcombe Blvd Suite X
Houston, TX 77021
Project: COVID-19 Quickscreen Web Tool for Health Department
Dear Meghan,
Please consider this your official contract termination letter on the project named above.
You are hereby notified to cease providing Webtool Services for the City of Corpus
Christi-Nueces County Public Health District. This Agreement has been fulfilled as per
term on Service Agreement `Item 4' as of April 6th,2024. A copy of the fully executed
contract is enclosed for your records.
Sincerely,
IA,
`2 _)
Denzel Otokunrin, MPH
Public Health Administrator
Corpus Christi-Nueces County Public Health District
EXHIBIT F
04:) .1 ,„ July 15, 2024
or \.-+ Ms. Meghan Wittorf Via Email: meghan.wittorf@luminaremed.com
•
r 1 Luminare Incorporated
2450 Holcombe Blvd.Suite X
78z Houston,TX 77021
Re: Luminare Inc. Invoice#1400
LEGAL DEPARTMENT
City Attorney's Office
Dear Ms.Wittorf:
City Hall
PO Box 9277 The City of Corpus Christi submitted two separate letters of termination dated 3/26/2024 and
Corpus Christi
Texas 78469-9277 4/2/2024 to Luminare regarding the QuickScreen COVID Innoculate Module. Luminare has
Phone 361-826-3360 submitted Invoice #1400 for "Inoculate subscription renewal 5/17/24 — 5/16/25". The City
Fax 361-826-3239 disputes this invoice as the agreement has been terminated effective May 16,2024.
www.cctexas.com
As stated in prior notice of termination, the availability of grant funding for the QuickScreen
COVID Innoculate Module has ended. In addition, no City funds have been certified to pay for
the 5/17/24-5/16/25 annual subscription for the QuickScreen COVID Innoculate Module. The
Corpus Christi City Charter provides that contracts involving an expenditure of funds without
certification of funding for the expenditures are void. This provision is an essential term of any
contract for goods or services that continues beyond the current fiscal year. Therefore, no
further payment can be made to Luminare for the annual subscription of the QuickScreen COVID
Innoculate Module as stated in our prior letters of termination. In addition, per Guidance from
the Texas Department of State Health Services (DSHS) regarding Rider 40, effective September
1, 2023,copy attached,appropriated funds may not be used to promote or advertise COVID-19
vaccinations. The State guidance further clarifies that "COVID-19 vaccinations should not be
singled out from other vaccines..."
There has not been a need for the QuickScreen COVID Innoculate Module for several months as
the City has been managing COVID vaccines as any other vaccination and does not require
special dedicated software. The last date of use of the QuickScreen COVID Innoculate Module
by the City of Corpus Christi was in September 2023. We provided notice of termination to
Luminare effective May 16, 2024. Therefore,the contract is terminated as of that date and no
payment will be made for Invoice#1400 for the annual subscription renewal. Please advise if
there are any questions regarding this matter and cease billing for the annual subscription
renewal as the agreement has been terminated effective May 16,2024.
Sincerely,
Ar24W
Lisa Aguilar
Assistant City Attorney
City of Corpus Christi
" TEXAS
l Texas Department of State Health Services
Health and Human
••••4 Services Jennifer A.Shuford,M.D.,M.P.H.
Commissioner
DSHS Immunization Section
Texas 88th Legislature
State Fiscal Year Budget 2023-2024, Rider 40, "COVID-19 Vaccinations"
Background:
The General Appropriations Act, House Bill 1 (H.B. 1), Article II, Rider 40, is effective
September 1, 2023. Rider 40 prohibits the Department of State Health Services
(DSHS) from using appropriated funds to promote or advertise COVID-19
vaccinations as stated below.
40. COVID-19 Vaccinations: None of the General Revenue funds
appropriated to the Department of State Health Services (DSHS) may be used
for the purposes of promoting or advertising COVID-19 vaccinations in the
2024-2025 biennium. It is also the intent of the legislature that to the extent
allowed by federal law, any federal funds allocated to DSHS shall be expended
for activities other than promoting or advertising COVID-19 vaccinations.
Guidance:
DSHS and entities funded by DSHS must not promote or advertise COVID-19
vaccinations. Under this guidance, COVID-19 vaccinations can be listed alongside
other Advisory Committee on Immunization Practices (ACIP) recommended vaccines
In educational materials. However, COVID-19 vaccinations should not be singled out
from other vaccines, listed alone, or otherwise listed in a manner meant to promote
or advertise COVID-19 vaccinations. Clinics may inform patients that COVID-19
vaccinations are available if it is not being singled out from other vaccines.
FAOs:
1. What is Rider 40?
In the state budget, a rider gives instruction on how appropriated funds may or may
not be spent. Rider 40 prohibits the use of DSHS-appropriated funds to promote or
advertise COVID-19 vaccinations In the state fiscal year 2024-2025 biennium, which
lasts from September 1, 2023, to August 31, 2025. This includes any downstream
spending from DSHS-appropriated funds, Including those who contract with DSHS.
2. Who does Rider 40 apply to?
Rider 40 applies to DSHS and contractors that receive DSHS-appropriated funds.
Rider 40 only applies to funds appropriated through the state budget and does not
affect how a contractor may spend money from other sources.
P.O.Box 149347•Austin,Texas 78714-9347•Phone:888-963-7111 •TTY:800-735-2989• dshs.texos.gov
fecii•\ TEXAS
Texas Department of State Health Services
•s iv . Health and Human
• �• � `• Services Jennifer A.Shuford,M.D.,M.P.H.
Commissioner
3. Can I administer the COVID-19 vaccine?
Yes. DSHS, contractors, the Texas Vaccines for Children Program (TVFC), and Adult
Safety Net Program (ASN) providers can order, distribute, and administer COVID-19
vaccinations.
4. Can I distribute pamphlets with information on COVID-19 and the COVID-
19 vaccine?
Yes. COVID-19 pamphlets and other educational materials can be distributed.
However, COVID-19 vaccinations should not be singled out from other vaccines,
listed alone, or otherwise listed in a manner meant to promote or advertise COVID-
19 vaccinations.
5. Can DSHS employees receive COVID-19 vaccinations?
Yes, DSHS employees may receive COVID-19 vaccinations.
6. Can clinics inform patients that COVID-19 vaccinations are available?
Yes. Clinics should inform all patients of all vaccines available, including COVID-19.
Clinics that are not paid for by DSHS may promote patients about COVID-19
vaccinations.
7. Who should I contact if I have additional questions about Rider 40?
Further questions regarding Rider 40 should be directed to DSHS Immunization
Section at immlegislation@dshs.texas.gov.
EXHIBIT G
LAW OFFICES OF
DOUGLAS A. ALLISON
Douglas A.Allison doug@dallisonlaw.com
September 10, 2024
Via Email: lisaa@cctexas.com
Ms.Lisa Aguilar,Assistant City Attorney
The City of Corpus Christi
1200 Leopard Street
Corpus Christi,Texas 78401
Re: Luminare Inc.vs.The City of Corpus Christi
Dear Ms.Aguilar:
Please allow this letter to serve as my introduction. I represent Luminare Inc.
("Luminare"). For the past four (4)+ years, Luminare has provided important health care
technologies (software platforms)for the use and benefit of the City of Corpus Christi("City")
and its residents. In years past, City has always paid for Luminare's software platforms
provided(2020,2021, 2022,and 2023). Unfortunately,the City has failed to pay the amount
owed by contract in 2024. This letter is a request for prompt payment.
I have reviewed your letter dated July 15, 2024. For reasons set forth below, I must
say that I completely disagree with your analysis of the May 2022 Contract (a term defined
below). The City signed the May 2022 Contract, and thus must pay Luminare according to
the express terms and provisions of the City/Luminare contract approved by the Corpus
Christi Mayor and Corpus Christi City Council.
The timeline of events becomes important to understanding the relative position of
the Parties.' Please consider the following:
1. On or about March 13, 2020, the Mayor of the City signed a formal Declaration of a
Local State of Disaster Due to a Public Health Emergency- "COVID-19" ("Emergency
Declaration"). The Emergency Declaration was promptly adopted by the City.
2. On or about May 12, 2020, the City's Emergency Declaration - by vote of the Mayor
and Corpus Christi City Council ("Council") -was extended by Ordinance Extending
the Local State of Disaster as related to COVID-19 ("Ordinance Extending").
3. The City's Emergency Declaration expressly noted:
t City and Luminare may be referred to as the Parties,or as Party.
403 North Tancahua
Corpus Christi,Texas
Telephone:361-888-6002♦Facsimile:361-888-6651
• the need to "prepare for the containment, including active surveillance, early
detection, isolation and case management, contact tracing, and prevention of
onward spread of the [COVID] disease;"
• that "COVID-19 testing capacity is inadequate to obtain levels of community
infections, and there is an ongoing risk and likelihood of significant numbers
of COVID-19-positive patients being identified in the City of Corpus Christi;"
• that"the City. . . [has] been working successfully and diligently to implement
CDC guidelines, but now require[s] additional tools and resources to protect
the public health given the current state of the epidemic and the need for a
sustained response;"
• that "by this Declaration of Local State of Disaster due to this public health
emergency, [Council] declare[s] all rules and regulations that may inhibit or
prevent prompt response to this threat suspended for the duration of the
incident;"
• that"the people and communities of the City have suffered or face imminent
threat to the public health and the potential loss of life and property resulting
from the disaster: the introduction, transmission, or spread (or imminent
threat of same) of COVID-19 in the City of Corpus Christi;"
• that"emergency measures must be taken to either prepare for or respond to a
disaster due to this public health emergency in order to respond quickly,
prevent and alleviate the suffering of people exposed to those infected with the
virus,...and to prevent or minimize the loss of life;" and
• that [City's Council] is empowered to take the actions described in this
proclamation pursuant to the Texas Disaster Act;
• "A local state of disaster due to this public health emergency is hereby
declared" and the City "activates the City of Corpus Christi's Emergency
Management Plan."
4. The City's Ordinance Extending specifically was further"declaring an emergency"and
noted:
• that the City's Mayor "issued a declaration of a local state of disaster on
March 13, 2020;"and
• that Council"extended the declaration of a local state of disaster;" and
• that"a state of disaster continues to exist in the City of Corpus Christi due
to the spread of C0V1D-19;"and
• "The Declaration, Renewals, and Extension of Declaration of a Local State
of Disaster Due to a Public Health [Emergency] of the City of Corpus Christi
shall continue until the date the Texas Governor's [COVID] disaster
proclamation is terminated ...
5. The Texas Governor's (thereby City's) disaster proclamation terminated on June 14,
2023. As such, the City was in a declared public disaster calling for extraordinary
emergency COVID-19 related expenditures and responses from March 13, 2020,
through June 14, 2023.
6. On or about April 6, 2020 (during the term of the Emergency Declaration), the City
contracted with Luminare to "use Luminare's QuickScreen COVID-19 screening
services . . ." and other "Scope of Work." "This Agreement commence[d] on the
Effective Date [April 6,2020] and [remained] in effect for a minimum of one (1) year
(the Initial Term.)." Luminare was timely paid-in-full for the Initial Term (April 2020
to April 2021). Payments received beginning 8/31/2020.
7. On or about May 17, 2021 (during the term of the Emergency Declaration), the City
contracted to 'renew' by 'Service Agreement' for "one year" Luminare's services (in
consideration of"203,000"). This City/Luminare contract was executed by City and
Luminare. Luminare was timely paid-in-full for the May 17, 2021, to May 16, 2022,
timeframe ($203,000.00 payment received by Luminare from City on 8/17/2021.
8. On or about May 17, 2022 (during the term of the Emergency Declaration),the City
contracted with Luminare to`extend'"the Service Agreement("Agreement"),dated as
of 5/17/21." The stated"Effective Date"for the contract is "5/17/22,"with"Contract
term 36 months from Effective Date." The May 17, 2022, contract2 clearly states the
contract"[w]ill be auto renewed for 12-month terms." The Agreement was executed
"6-14-22,"upon the City Mayor's and City Council's unanimous approval.
The May 2022 Contract,in relevant part,sets forth:
• "LUMINARE will invoice [City] on execution of the Agreement:"
o "Annual Fee of$262,000 for year 1."
• Term 5/17/22-5/16/23: Paid-in-Full by City on 7/08/22.
o "Annual Fee of$262,000 on anniversary date for year 2."
• Term 5/17/23-5/16/24: Paid-in-Full by City on 5/23/2023.
o "Annual Fee of$262,000 on anniversary date for year 3."
2 This May 17,2022 contract may be sometimes referred to as the"May 2022 Contract."
■ Term 5/17/24-5/16/25; PAST DUE.
As noted above,the May 2022 Contract(with its three-year term) as between City and
Luminare was unanimously approved by City's Mayor and City Council on June 14,
2022;executed by Josh Chronley(City's Assistant Director,Finance and Procurement)
and attested by Rebecca Huerta (City Secretary) - and thus is contractually binding
upon City.
9, On March 26,2024,Josh Chronley(Assistant Director,Finance&Procurement)wrote
a letter to Luminare indicating the City's intent"not to renew"the May 2022 Contract.
Mr. Chronley was clearly mistaken about the expiry date of the May 2022 Contract
(2022 + 3 = 2025; not 2024). Mr. Chronley's letter states the May 2022 Contract is
'terminated'as of"close of business on May 16, 2024" (his mistake in calculating the
date upon which the May 2022 Contract's three-year term expires). The City may
choose to not renew its contract with Luminare, but choosing to not renew is
decidedly different than the City's current breach of contract.Of course, Mr. Chronley
lacks authority to unilaterally contradict the City's June 14, 2022, approval of the
City/Luminare three-year term contract.
10.On April 2, 2024, Denzel Otokurin (Public Health Administrator) wrote a different
letter to Luminare to 'terminate' the May 2022 Contract, by claiming "[t]his
Agreement has been fulfilled as per term of Service Agreement'Item 4'as of April 6th,
2024." The undersigned has no earthly idea of how Mr. Otokurin deduced that April
6th as a date for fulfillment of the City/Luminare contract. Mr.Otokurin's cover-email
says nothing of termination, but rather emphasizes that the "Agreement with
Luminare has been fulfilled as per Service Agreement 'Item 4: Oddly, Service
Agreement 'Item 4' does not contain any provision supporting termination of the
City/Luminare contract approved on June 14, 2022 (with a three-year term from
5/17/22 through 5/16/25) .
11.On July 15, 2024, you (presumably recognizing that neither Mr. Chronley's nor Mr.
Otokurin's letters were of any value whatsoever to the City's attempt to avoid the
Luminare obligation) proffered new theories on why the City's on-going use of
Luminare's proprietary software should be allowed without City's payment of the
past-due contractual amount($262,000.00). You offered three (3) theories:
• " . . . the agreement has been terminated effective May 16, 2024." Of course,
this City theory presumes the existence of a valid contract(which there is)and
some legal basis for termination pursuant to one or more terms of the contract
(which there is not). Obviously, presuming the existence of the May 2022
Contract contradicts the City theory that the May 2022 Contract is"void" (this
"void"theory is discussed next). Respectfully,no one can point to any term or
provision of the May 2022 Contract (inclusive of preceding contracts) to
suggest the May 2022 Contract is "terminated." The vague references to 'Item
4' of the April 2020 contract offer no grounds for termination of the March
2022 Contract. This City theory is readily dispensed.
• the contract is "void," since the "City of Corpus Christi City Charter provides
that contracts involving an expenditure of funds without certification of
funding for the expenditures are void." (Ms. Aguilar, you is apparently
referring to City's Charter, Article IV, Administration, Section 9). This City
argument fails quite miserably because: (1) this City argument assumes the
City Council's vote approving the May 2022 Contract was "contrary to the
preceding sections" - and it was not; (2) Section 9 never applies "in case of
public disaster calling for extraordinary emergency expenditures," and City's
COVID-19 Emergency Declaration was in full force and effect as of June 14,
2022(the date of City Council's approval of the City/Luminare three-year term
contract); and (3) Article IV, Section 9,is not a term of the May 2022 Contract
(or any of the preceding contracts)and thus is inapplicable. Moreover,the City
- pursuant to the express provisions of the May 2022 Contract - paid
$262,000.00 for the 2022 12-month term; and paid$262,000.00 for the 2023
12-month term; and thereby clearly ratified the May 2022 Contract (which
required no ratification given its execution during pendency of the City's
Emergency Declaration, and its unanimous approval by Council on June 14,
2022).
• "Guidance from the Texas Department of State Health Services (DSHS)
regarding Rider 40, effective September 1, 2023, copy attached," commands
"funds may not be used to promote or advertise COVID-19 vaccinations."
Obviously, the City is grasping at straws. The Rider 40 guidance document
referenced in your July 15 letter disallows"using[State of Texas]appropriated
funds to promote or advertise COVID-19 vaccinations . . . Luminare's
software is not a promotional or advertising tool, and thus Rider 40 is of no
consequence to the City/Luminare May 2022 Contract whatsoever. Also, the
City had and has various funding opportunities available, exclusive of funds
from the State of Texas.
12.Of course, neither Mr. Chronley, nor Mr. Otokurin, nor Ms.Aguilar may speak for the
City's Mayor and City's Council. On June 14,2022,the City's Mayor and City's Counsel
unanimously approved and authorized execution of the May 2022 Contract-and its
three-year term (2022-2025). The City's counsel has never terminated the May
2022 Contract; nor is it terminated,void, or disallowed by Rider 40.
The above-referenced materials make clear the chronology that leads us to this moment. If
any of these details are incomplete or incorrect,then please advise.
The City of Corpus Christi issued its Emergency Declaration on March 13, 2020. The
Emergency Declaration clearly allowed for the City's execution of the April 6,2020, contract
(indefinite term) as between the City of Corpus Christi, on the one hand, and Luminare, on
the other hand. For the period May 17,2021,through May 16,2022,City/Luminare executed
a new/renewed, one-year contract (payment of $203,000.00 received by Luminare on
8/17/2021). Effective May 17, 2022, the City/Luminare contract was extended to allow for
three (3) more years (May 17, 2022, through May 16, 2025). City paid for Year 1:
$262,000.00 (on 7/8/22). City paid for Year 2: $262,000.00 (on 5/23/2023). City is now
past due on their obligation to pay Year 3: $262,000.00 (due as of May 3, 2024).
Luminare now requests immediate payment of$262,000.00 from City. The express
terms of the May 2022 Contract require payment of this City obligation. As you are quite
aware,the City was given a huge pricing discount(3 years for price of 2 years)by Luminare's
offer of the March 2022 Contract-and City accepted. Even if City were to further breach or
otherwise seek to avoid its Year 3 obligation (which City should not),the City would still be
liable for $262,000.00 to adjust for the pricing discount contemplative of the City's longer-
term (three (3)year) commitment,
Please offer prompt payment. Please reach out if you have any questions or other
concerns about an immediate path-forward.
Very truly yours,
/s/Douglas A.Allison
Douglas A.Allison
DAA/kdb
cc: Via Email: milesr@cctexas.com
Mr.Miles Risley,City Attorney
The City of Corpus Christi
1200 Leopard Street
Corpus Christi,Texas 78401
EXHIBIT H
a Outlook
RE: HHS001019500010 (Vaccine Capacity Exp Grant) Corpus Christi Answers to Mediation Questions
From Lunday,Forrest(DSHS) <Forrest.Lunday@dshs.texas.gov>
Date Tue 12/10/2024 3:26 PM
To Denzel Otokunrin <denzel@cctexas.com>
[ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER
ask for a password, username, payment or to take action from an email. When in doubt,
please forward to SecurityAlert@cctexas.com. ] ]
That is my understanding as well Denzel. That the funds can be utilized to pay for
the service but not any legal fees associated with such.
Forrest Lunday
Contract Specialist V
Contract Management Section
Department of State Health Services
P.O. Box 149347
Austin, Texas 78714 - Mail Code 1990
Forrest.Lunday_@dshs.texas.gov
From: Denzel Otokunrin<denzel@cctexas.com>
Sent:Tuesday, December 10, 2024 1:41 PM
To: Lunday,Forrest(DSHS)<Forrest.Lunday@dshs.texas.gov>
Subject: Re: HHS001019500010(Vaccine Capacity Exp Grant)Corpus Christi Answers to Mediation Questions
Good afternoon Forrest, to verify, has there been any changes in guidance since this response?
Based off the response of this email it seems a though we are able to continue utilizing the
funds for the software agreement/purchases, but not legal fees associated as such.
Is this correct?
Thank you,
Denzel Otokunrin, MPH
Public Health Administrator-Protection Division I Epidemiologist
Corpus Christi-Nueces County Public Health District
1702 Horne Road
Corpus Christi, Texas 78416
Office: (361) 826-7241
Cell: (361) 533-3181
Denzek cctexas.com
`"q,„ NEED HELP WITH
o CITY SERVICES?
It� CALL 311 TO REACH OUR
aJ ' '<<,,, CUSTOMER CALL CENTER
From: Lunday,Forrest(DSHS)<Forrest.Lunday_@dshs.texas.ggy>
Sent:Thursday, November 7, 2024 14:29
To: Denzel Otokunrin<denzel@cctexas.com>
Subject: RE: HHS001019500010(Vaccine Capacity Exp Grant)Corpus Christi Answers to Mediation Questions
[ [WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a
password, username, payment or to take action from an email. When in doubt, please forward
to SecurityAlertftcctexas.com. ] ]
Good afternoon Denzel,
I know we are about to hop onto a meeting together, but I wanted to share with
you what I was able to find out. Lauren was able to confirm that grant funds would
not be able to be used for any legal fees. She did however ask about the
subcontractor agreement being shared and I noticed that this email references it
being attached, but I am not seeing it, unless I am mistaken.
Q: A copy of all contracts we had with Luminaire.
A:Attached are the agreements and 3 amendments as well as Council Agenda Memo where IT sent
contract to Council.
Let me know, thank you.
Forrest Lunday
Contract Specialist V
Contract Management Section
Department of State Health Services
P.O. Box 149347
Austin, Texas 78714 - Mail Code 1990
Forrest.Lunday@dshs.texas.gov
From: Lunday,Forrest(DSHS)
Sent:Tuesday, November 5, 2024 8:57 AM
To: Denzel Otokunrin<denzelltcctexas.com>
Subject: RE: HHS001019500010(Vaccine Capacity Exp Grant) Corpus Christi Answers to Mediation Questions
Good morning Denzel,
Just wanted to reach out and let you know I saw your message and to inform you
that I haven received any updates about this issue. I know there have been
meetings regarding this matter and it is being worked on. I do have an upcoming
meeting with Lauren and will provide you with any updates at that time (Thursday).
In the meantime, let me know if I can help with anything else.
Thank you,
Forrest Lunday
Contract Specialist V
Contract Management Section
Department of State Health Services
P.O. Box 149347
Austin, Texas 78714 - Mail Code 1990
Forrest.Lunday_@dshs.texas.gov
From: Denzel Otokunrin<denzelcctexas.com>
Sent:Tuesday, November 5, 2024 8:17 AM
To: McBride,Rachel (DSHS)<Rachel.McBridePdshs.texas.go_v>; Lunday,Forrest(DSHS)
<Forrest.Lunday@ dshs.texas,ggy>; Paradise,Caeli (DSHS)<Caeli.ParadisePdshs.texas.gov>
Cc: Miller,Lauren(DSHS)<Lauren.Mill-jdshs.texas.gav>;Garcia,Susana K(DSHS)
<Susana.Garciajuldshs.texas,ggy>; Dante Gonzalez<DanteGPcctexas.com>; Fauzia Khan<FauziaKftcctexas.com>;
Michael Perez<michaelp9CQ?cctexas.com>; Blandina Costley<BlandinaCPcctexas.com>
Subject: Re: HHS001019500010(Vaccine Capacity Exp Grant) Corpus Christi Answers to Mediation Questions
WARNING:This email is from outside the HHS system. Do not click on links or attachments unless you
expect them from the sender and know the content is safe.
Good morning DSHS partners, I am following up on the email sent pertaining to the issues that
have arose with the third-party company 'Luminare'
Please advise.
Thank you for all you do,
Denzel Otokunrin, MPH
Public Health Administrator-Protection Division I Epidemiologist
Corpus Christi-Nueces County Public Health District
1702 Home Road
Corpus Christi, Texas 78416
Office: (361) 826-7241
Cell: (361) 533-3181
DenzelPcctexas,corn
c`o"sar NEED HELP WITH
n= " 5.;�'' ,'tl� CITY SERVICES?
Abe CALL 311 TO REACH OUR
,a;1 k,T,,A„vv CUSTOMER CALL CENTER
From: Denzel Otokunrin
Sent: Wednesday, October 23, 2024 13:51
To: McBride,Rachel (DSHS) <Rachel.McBride@dshs.texas.gov>; Lunday,Forrest (DSHS)
<Forrest.Lunday@dshs.texas.gov>; Paradise,Caeli (DSHS) <Caeli.Paradise@dshs.texas.gov>
Cc: Miller,Lauren (DSHS)<Lauren.Miller@dshs.texas.gov>;susana.garcia@dshs.texas.gov
<susana.garcia@dshs.texas.gov>; Dante Gonzalez<DanteG@cctexas.com>; Fauzia Khan<FauziaK@cctexas.com>;
Michael Perez<michaelp9@cctexas.com>; Blandina Costley<BlandinaC@cctexas.com>
Subject: HHS001019500010 (Vaccine Capacity Exp Grant) Corpus Christi Answers to Mediation Questions
Good afternoon, DSHS partners. As requested, I have included answers to the questions
from our recent meeting pertaining to the issues that have arisen with a third-party company. I
have also attached all supporting documentation.
Q: What was the date of when we sent Luminare the Letter to Cease Services provided to
CCNCPHD?
A: 4/2/24 was the email sent to Meghan. As per City attorney's letter, letters were sent 3/26/24
& 4/2/24.
Attached is the certified letter delivery confirmation dated 4-1-24.
i Dor i l-0115kunTi dentett®ccte tas.com>
Sent:Tuesday,April 2,2024 11:37 AM
To:Meghan Wittorf<meghan.wttorf(alluminaremed.corn>
Cc:Blandina Costley<BlandinaC@cctexas.com>;Elizabeth Allen<ellzabetha4Pcctexas.com>;Mark Benavides<markb5@cctexas.com>
Subject:[EXTERNAL[lummare CCHD Contract/Termination Letter
IYou don't often get email from der zel&stexas.cam.LearnwthhyThis is important
Good morning Meghan,
Please see attached letter from the CCNCPHD requesting termination of the COVID-19 Quickscreen Web Tool for Health Department.
The Agreement with Luminare has been fulfilled as por Service Agreement'Item 4'.
•ttached Is the Memo for the Luminare License as well as the Service Agreement.
Q: Provide me the date/documentation of when the Vaccine Capacity Expansion Grant was last
invoiced for Luminaire services? DSHS is requesting the information.
A: All payments have been submitted to #3 grant for reimbursement. The last 2024 invoice was
not included in B-13 because it has not been posted to 831559F G/L.
2020 = Inv#1036A & Inv#1036B $100,000
2021 = Inv#1204 $203,000 = 530250 PO#69451 PAID 7.06.21
2022 = Inv# 1327 $262,000 = 520100 PO#74218/PO#204637 (1 of 3) PAID 6.14.22
2023 = Inv#1380 $262,000 = 520100 PO#215120 (2 of 3)- PAID 5.18.23
2024 = $262,000 = 6/15/24 - 5/16/25 (Auto Renewal)_(3of3)_ UNPAID
Q: A copy of all contracts we had with Luminaire.
A: Attached are the agreements and 3 amendments as well as Council Agenda Memo where IT sent
contract to Council.
Let me know if you need anything else at this time,
Thank you for all you do,
Denzel Otokunrin, MPH
Public Health Administrator-Protection Division ! Epidemiologist
Corpus Christi-Nueces County Public Health District
1702 Horne Road
Corpus Christi, Texas 78416
Office: (361) 826-7241
Cell: (361) 533-3181
Denzel@cctexas.com
OS cH�J\ JvJgtONs,gT NEED HELP WITH
, ', �,; �,'r CITY SERVICES?
CALL 311 TO REACH OUR
� �. h�f1lACDti CUSTOMER CALL CENTER
opus cyi! Tuesday, June 10, 2025
m Public Comment & Input Form
For City Council Meetings, Board Meetings, & Commission
Meetings
;gsz
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,June 10, 2025
Name Amanda Breland
Address 11930 Leopard St
Corpus Christi,TX, 78410
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 1
Topic Hill crest rezoning
Agenda Item Number General
Comment
My name is Amanda Breland and I am writing this comment to express my opposition of the rezoning of
the residential Hillcrest &Washington-Coles neighborhoods. These neighborhoods have been ravaged and
sacrificed to industry and it's time to stop it. People still live in these areas and rezoning them as "Heavy
Industrial" is a death sentence to these communities. It's time to put the PEOPLE over the profit and
destruction that industry brings.
I would also like to add that I am opposed to the funding of equipment for the police department. That is a
waste of taxpayer dollars and would be better spent on providing services to our community that actually
uplifts those most in need.
Provide an email to receive a copy of amkbre@gmail.com
your submission.
Go0us cos, Tuesday,June 10, 2025
a
i ° m Public Comment & Input Form
iclor
For City Council Meetings, Board Meetings, & Commission
M Meetings
,952
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, June 10, 2025
Name Susan Lamb
Address 2554 Balchuck Lane
Corpus Christi,Texas, 78415
Please select the Board, Committee, City Council
or governing body that your
comments are directed to:
Are you a resident of Corpus Christi? No
Topic Water
Agenda Item Number 17
Comment
In recent years, I have asked about the apparent losses of water we have been and are experiencing from
Choke Canyon and Lake CC. Those questions were met with no answers. With the drought to the point
that releases are no longer allowed to the bay and tributaries, and the city supplying graphs of usage,we
are much more able to fine tune what amount of water we are actually using versus what is missing daily
from both of those reservoirs. I have emailed Mr. Molly and supplied several people with the following
spreadsheets. These numbers result in unaccounted losses in the months of March, April and May to the
tune of approximately 4 billion gallons of water. While I support the newest endeavor to gain water with a
minimum financial investment, do we still have a root problem of huge unaccounted for losses?This
needs to be publically addressed. We will not be able to replenish these reservoirs with these types of
losses.
Upload supporting images or me.LOU;lake Corpus Christi&Choke Canyon Reservoir
D 4r.. .~.0..S,.ww}TWVt airy 04.CCF
documents.
aaa
4/04
4.14141Y
t ♦M
111t
YIi
uia UY
1044
at•F
■2024 Loss ■2025 Loss a Not Accounted For(2025)
LCC&CCR water loss Mar 2025 PDF.pdf
LCC&CCR water loss Apr 2025 PDF.pdf
LCC&CCR water loss May 2025 PDF.pdf
Provide an email to receive a copy of lularoelambs@gmail.com
your submission.
Water Loss: Lake Corpus Christi & Choke Canyon Reservoir
Data from waterdatafortexas.org, TWDB/ATM/DRI, CCW
6.316
5.366
2
4.5
4.301 4.358
4.184
3.812
3.537
2.565
2,39
1.983
m*
1.544
e
0.429
JAN FEB MARCH APRIL MAY J!
• 2024 Loss • 2025 Loss ei Not Accounted For (2025)
Date %Full Acre-ft* Total Gallons MGD Loss/Gain Day of Wk Notes
2025 Lake Corpus Christi&Choke Canyon
1-Mar 17.9 259 84395409 84 _ Loss Sat NOTES:
2-Mar 17.8 1030 335626530 Loss Sun (MRP=apprx 56.77MGD)
3-Mar 17.7 511 166509861 Loss Mon <30% release avg=OMGD
4-Mar 17.7 168 54742968 54 Loss Tue Evaporation =approx 58.54MGD*
5-Mar 17.7 80 26068080 26 Gain Wed (*TWDB Mar 2024 Evaporation Volume)
6-Mar 17.6 1446 471180546 Loss Thu Robstown =2MGD
7-Mar 17.6 255 83092005 83 Gain Fri CCW usage from chart=39.45MGD
8-Mar 17.6 172 56046372 56 Loss Sat Expected Loss=99.99MGD
9-Mar 17.5 507 165206457 Loss Sun
10-Mar 17.5 163 53113713 53 Loss Mon
11-Mar 17.4 670 218320170 Loss Tue
12-Mar 17.4 503 163903053 Loss Wed
13-Mar 17.3 591 192577941 Loss Thu
14-Mar 17.3 241 78530091 78 Loss Fri
15-Mar 17.2 514 167487414 Loss Sat
16-Mar 17.2 243 79181793 79 Loss Sun
17-Mar 17.1 1318 429471618 WM Loss Mon
18-Mar 16.9 1308 426213108 Loss Tue
19-Mar 17 970 316075470 316 Gain Wed
20-Mar 17 575 187364325 Loss Thu
21-Mar 16.8 1224 398841624 Loss Fri
22-Mar 16.8 402 130992102 Loss Sat
23-Mar 16.8 3 977553 0 Gain Sun
24-Mar 16.8 159 51810309 51 Gain Mon
25-Mar 16.7 648 211151448 211 Loss Tue
26-Mar 16.8 313 101991363 101 Gain Wed
27-Mar 17.5 7038 2293339338 2293 Gain Thu
28-Mar 17.7 1467 478023417 478 Gain Fri initially no data from LCC
29-Mar 17.7 463 150869013 150 Gain Sat was 58Af/18MGD, initially no data from LCC
30-Mar 17.7 145 47248395 47 Loss Sun
31-Mar 17.7 229 74619879 74 Loss Mon changed from Gain of 58Af/18MGD
*From uSGS Gain Anomaly or too much water loss?
Date %Full Acre-ft* Total Gallons MGD Loss/Gain Day of Wk Notes
2025 Lake Corpus Christi&Choke Capon
1-Apr 17.6 860 280231860 " 280 Loss Tues fixed: changed from 140Af/45MGD
2-Apr 17.5 516 168139116 Loss Wed
3-Apr 17.5 83 27045633 27 Loss Thu NOTES:
4-Apr 17.5 683 222556233 Loss Fri (MRP=apprx 68.82MGD)
5-Apr 17.5 524 170745924 170 Gain Sat <30% release avg=OMGD
6-Apr 17.4 1258 409920558 Loss Sun Evaporation = 89.23MGD* (*TWDB
7-Apr 17.4 323 105249873 105 Gain Mon Apr 2024 Evaporation Volume) Robstown =
8-Apr 17.3 683 222556233 ili Loss Tue 2MGD
9-Apr 17.3 678 220926978 Loss Wed CCW usage from chart=30.92MGD
10-Apr 17.2 422 137509122 Loss Thu Expected Loss=122.15MGD
11-Apr 17.2 83 27045633 27 Loss Fri
12-Apr 17.1 925 301412175 Loss Sat
13-Apr 17 919 299457069 Loss Sun
14-Apr 17 86 28023186 28 Gain Mon
15-Apr 17 167 54417117 54 Gain Tue
16-Apr 16.9 915 298153665 - Loss Wed
17-Apr 16.9 581 189319431 189. ` Loss Thu
18-Apr 16.8 742 241781442 2, --, Loss Fri
19-Apr 16.7 576 187690176 187 Loss Sat
20-Apr 16.8 493 160644543 160 Gain Sun
21-Apr 16.8 330 107530830 107 Gain Mon
22-Apr 16.8 660 215061660 M5 Loss Tue
23-Apr 16.7 81 26393931 26 Loss Wed
24-Apr 16.7 164 53439564 53 Loss Thu
25-Apr 16.7 164 53439564 53 Loss Fri changed from 82Af/26.7MGD Gain
26-Apr 16.7 492 160318692 Loss Sat
27-Apr 16.6 326 106227426 106 Loss Sun
28-Apr 16.5 733 238848783 lir 2 Loss Mon
29-Apr 16.5 731 238197081 238 Loss Tue
30-Apr 16.4 565 184105815 184_. Loss Wed
*From USGS Gain > Anomaly or too much water loss?
Date %Full Acre-ft Total Gallons MGD Loss/Gain Day of Wk Notes
2025 Lake Corpus Christi&Choke Canyon
1-May 16.4 162 52787862 52 Gain Thurs NOTES:
2-May 16.4 0 0 0 Fri (MRP=apprx 69MGD)
3-May 16.4 239 77878389 77 Gain Sat <30% release avg=OMGD
4-May 16.4 806 262635906 Loss Sun Evaporation = 102.52MGD*
5-May 16.3 886 288703986 Loss Mon (*TWDB May 2025 Evaporation volume)
6-May 16.3 1 325851 0 Gain Tue Robstown =2MGD
7-May 16.3 718 233961018 233 Gain Wed Usage from CCW May chart= 42.55MGD
8-May 16.3 81 26393931 26 Loss Thu Expected Loss= 147.07MGD
9-May 16.4 645 210173895 210 Gain Fri
10-May 16.4 323 105249873 105 Loss Sat Changed from 242Af/78MGD
11-May 16.3 405 131969655 131 Loss Sun Changed from 325Af/105MGD
12-May 16.3 242 78855942 78 _Loss Mon changed from 161Af/52MGD
13-May 16.2 964 314120364 Loss Tue changed from 643Af/209MGD _
14-May 16.1 558 181824858 Loss Wed
15-May 16.1 320 104272320 104 Loss Thu
16-May 16.1 321 104598171 104 Loss Fri
17-May 16 398 129688698 129 Loss Sat changed from 317Af/103MGD _ _
18-May 15.9 1033 336604083 Loss Sun changed from 716Af/233MGD
19-May 15.8 551 179543901 Loss Mon
20-May 15.9 551 179543901 179 Gain Tue
21-May 15.9 476 155105076 1 1 Loss Wed was 476/155,then 236/76
22-May 15.8 633 206263683 206 [ Loss Thu was 633/206 then 473/154
23-May 15.7 471 153475821 r,. 153 ,_ _ Loss Fri was 236/76,471/153, 15.8/152/49
24-May 15.6 864 281535264 Loss Sat was 15.6/864/281 then 15.7/705/229
25-May 15.6 782 254815482 Loss Sun was 15.6/703/229, 15.7/467/152 _
26-May 15.5 390 127081890 127 Loss Mon was 15.6/389/126M, 15.7/150/48
27-May 15.5 154 50181054 50 Gain Tue was 15.6/305/99,15.5/154/50,15.7/314/102(aUG)
28-May 15.5 309 100687959 100 Loss Wed was 15.5/77/25,15.6/518/168(G), 15.5/70/22
29-May 15.6 386 125778486 125 Loss Thu was 15.7/74/24 then 1268Af/413MGD
30-May 15.4 153 49855203 49 Loss Fri
31-May 15.4 384 125126784 125 Loss Sat was 308Af/100MGD
**Updated 9 Jun 2025** Gain -j 148MGD Loallli Anomaly or too much water loss?
Go0us c,s, Thursday, May 15, 2025
o r--4 Public Comment & Input Form
Y~ S
y 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,June 10, 2025
Name John Weber
Address 10523 Fair Oaks Blvd
Fair Oaks, CA,95628
Please select the Board, Committee, City Council
or governing body that your
comments are directed to:
Are you a resident of Corpus Christi? No
Topic Inner Harbor Desalination
Agenda Item Number Public comment
Comment
Please see attached.
Upload supporting images or
documents. ei Lies.docx
Provide an email to receive a copy of js_weber@hotmail.com
your submission.
Lies, Misstatements, and Deception
Mayor, Mr. Zanoni, and Mr. Molly,
What a Council meeting yesterday.There is nothing that disturbs me more than dishonesty.
Today is a good day to start being honest with the residents.
The reason the City is spending tens of thousands of dollars on the desal PR campaign is
because most of the residents are against it, for one reason or another. If the residents were in
favor of it, there would be no reason for the PR campaign. Heck, the City still hasn't held the
Desal Town Hall that was scheduled for June 12th of last year. I can only guess they didn't hold
it because of the massive amount of opposition residents have against the plant being built.
The City does not have the discharge permit from the TCEQ. If they do, it should be posted on
the City's website. According to the TCEQ the permit is still pending. I have been patiently been
waiting for it to be issued but that hasn't happened yet. Once it is issued, other things will go
into play.
Until that permit is issued SWIFT funds cannot be used for design or
construction. https://www.youtube.com/watch?v=XSZgx9XIRgA Where is the money coming
from?
The Mayor stated yesterday, "We have spent over$200 million",timestamp 2:19:05. I would
suggest it wouldn't be a good thing to alter the video of the meeting. It seems like this
statement and others are meant to deceive the residents into thinking this desal plant is a done
deal and the final vote will just be a formality. Later the supposed facts came out that the City
has spent $22-23 million.
Council member Roy hits the nail on the head, that this council will be held accountable for the
decision on the Inner Harbor desal plant. At a prior meeting, Mr. Molly admitted "I am not an
expert," which is true, he isn't. Of course, he lied at a press briefing by stating his family lives in
Corpus Christi, which they don't. Ben Hodges, Ph.D. is an expert. He states the following:
"The fundamental problem is that the proposed outfall siting is in a relatively flat location (IH)
with little ambient mixing energy.The complete destruction of the far-field effluent plume will
require days to weeks under most conditions. Any portion of the channel bottom that is
isolated by the plume for more than 24 hours is likely to become hypoxic. Thus,the far-field
effluent plume within the IH and SC will constitute a large dead zone.
Based on the best available science, the following facts are beyond dispute:
1. Far-field evolution of the effluent plume and possible development of a hypoxic dead zone
depends on the effluent transport rate, the vertical salinity gradient, and the wind/current
mixing energy from the ambient water that progressively erodes the plume.
2. The overall mass balance of the broader bay(as presented by the applicant in answer to the
FRI on salinity gradient issues) is entirely irrelevant to the development of salinity gradients and
their dead-zone consequences.
3. From the two points above, the applicant has not provided sufficient evidence that the
proposed outfall location is protective of ecosystem health.
Furthermore, as a matter of expert opinion based on the information I have reviewed, I doubt
that there is any configuration of diffusers and the outfall placement in the Inner Harbor that
can avoid development of a far-field stratified effluent plume, hypoxia, and ecosystem
harm to the IH and the SC.The lack of an inertial far-field mixing regime at this location renders
this location inappropriate for the applicant's proposal."
We also know the most similar location in the world to the Inner Harbor desal plant is the
Brownsville Ship Channel. REISS Engineering, a well-respected firm, did a study funded by the
Texas Water Development Board called Lessons Learned from the Brownsville Seawater Pilot
Study. I have shared the whole report with Mr. Molly.
It states, "it is recommended that future pilot studies in the State of Texas include 12 months of
operation, to capture season difference in water quality. Most of the pilot studies implemented
in California and Florida are performed over a 12-month period of operation or more."This is a
common-sense statement. Who doesn't think common-sense is a good thing?
Speaking of pilot studies. It doesn't even appear the City will be doing one. We found out
yesterday, they will be running a demonstration plant for 30 days.That is all.The
demonstration plant won't be pulling the water out at the same place as the Inner Harbor plant
and it won't be discharging it in the same location. It won't even be using any of the fresh
water. What ever happened to "every drop counts"? It will be blending the fresh water and the
brine together and sending it to a water treatment plant. No wonder it isn't called a pilot plant
anymore. It won't show the interaction of the discharge with the intake or the discharge with
the bay water.This is very sloppy in my opinion.
A slide was presented with the "GHD Model Domain." It is missing one key component, the
NBPS (Nueces Bay Power Station).This should be a Big Red Flag for anyone remotely paying
attention. According to Freese and Nichols, the NBPS median withdrawal from the Inner Harbor
is 304 MGD. Mr. Molly and Mr. Zanoni are both aware that the input numbers for the NBPS in
the QUAL-TX model for the Updated Inner Harbor permit application are incorrect. It shows
14.5 MGD, which is a huge difference from 304 MGD. So far,the number hasn't been corrected
and the model hasn't been rerun. Mr. Molly also confirmed the number for the Broadway
Waste Water Treatment plant is off by a factor of 2.The problem is that correct numbers
weren't used for the modeling for the permit. Because the incorrect data was used the
modeling shows the outgoing flow being higher than the incoming flow, which doesn't make
sense. The implication is the effluent in the outgoing tide will be much more concentrated than
what the modeling says it will be. High enough to exceed the permit limits.
A real expert thinks the brine discharge will basically fall to the bottom and create a "large dead
zone."The only other option I can imagine, even though the expert doesn't think so, "I doubt
that there is any configuration of diffusers and the outfall placement in the Inner Harbor that
can avoid development of a far-field stratified effluent plume, hypoxia,and ecosystem
harm," is that the brine discharge can mix evenly with the Inner Harbor water. If that were to
happen, the discharged brine would get sucked back in with the intake being so close and
create a salinity feedback loop, and the discharge brine would be sucked up by the NBPS.The
discharge from the NBPS would end up in Nueces Bay. We have no idea what will happen to
Nueces Bay with the additional salty brine water ending up there. It doesn't look like Kiewit has
any care for Nueces Bay or they would have GHD including it in the modeling.
Kiewit has said they learned from the Carlsbad plant. Why wouldn't they want to learn from the
Brownsville plant? I hope they learned from the Carlsbad plant because it ended up costing 4
times as much as the original estimate. It is interesting to note, it was named after the Mayor.
Does Mayor G. want the Inner Harbor plant named after her? Is that why the experts aren't
being listened to?
So, we know Kiewit is paying GHD to do some far-field modeling in the Inner Harbor but the
modeling won't go beyond the mouth of the Inner Harbor and won't go into Nueces Bay. I am
sure this modeling will show whatever Kiewit wants it to show and won't gain the trust of the
residents.The residents are really interested in the whole bay system, where they swim and
fish.
I see two outcomes, if this plant is built.
One, it will cause damage to the bay system.
Two, it will have to run at less than the rated capacity not to damage the bay system, which
would mean the cost per gallon of water will be higher than we are being told. Remember, the
Tampa Bay Desal plant has only run at 21.5%of capacity as of November of last year, making
the water almost 5 times more expensive than they were told it would be.
Neither option is good. Without properly modeling the bays, there is no way to even guess the
impacts the desal plant will have. It is kind of like buying an expensive brand-new car without a
warranty and without buying insurance.The Council should request a guarantee that the desal
plant will not cause ecological damage to the bays and operate at the designed capacity for at
least half the life of the plant. It needs to be in writing. If the plant causes ecological damage
and or fails to operate at its designed capacity,all money spent on the project will be
refunded to the taxpayers/ratepayers.The contractors can self-insure for this or they can take
out an insurance policy that will cover the amount of money it costs to design and build the
plant. It the contractors aren't willing to insure this, the City shouldn't either and should stop all
work on the project.The taxpayers/ratepayers don't want to be the ones holding the bag,
especially if the City staff isn't requiring the contractors to perform the proper modeling.
Now is the time for Mr. Risley to work on the wording for the written guarantee that Kiewit
should be required to sign before the final vote is held later this year.This Council will be 100%
responsible. What prior Councils have done is their legacy, not the legacy of this Council.
As always, have a nice day,
John