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HomeMy WebLinkAboutAgenda Packet City Council - 08/24/2021 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,August 24, 2021 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette M. Guajardo to call the meeting to order. B. Invocation to be given by Senior Pastor Pamela Dykehouse, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Andrea Reyes, Mayor's Office Intern. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. Proclamations /Commendations 1. 21-1082 Proclamation declaring August 26, 2021 as "Women's Equality Day". Commendation recognizing Fish for Life a nonprofit organization. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. City of Corpus Christi Page 1 Printed on 8/23/2021 City Council Meeting Agenda-Final-revised August 24, 2021 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. COVID-19 Update b. Community Budget Input Sessions Wrap Up C. Connections to Assistance Event by Neiman Young, Assistant City Manager d. Seawater Desalination Update by Mike Murphy, Chief Operating Officer H. BOARD &COMMITTEE APPOINTMENTS: I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 2 - 11) 2. 21-1083 Approval of the August 5, 2021 Budget Workshop, August 16, 2021 Emergency Meeting, and August 17, 2021 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 4. 21-0861 Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) sponsors: Development Services 5. 21-0862 Zoning 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. City of Corpus Christi Page 2 Printed on 8/23/2021 City Council Meeting Agenda-Final-revised August 24, 2021 (Planning Commission and Staff recommend Approval) Sponsors: Development Services 6. 21-1005 Ordinance appropriating Airport Grant No. 65 for$4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVI D-19 pandemic for costs related to operations, personnel, combating the spread of the COVID-19 virus at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. Sponsors: Aviation Department Consent- Contracts and Procurement 7. 21-1008 Motion authorizing a one-year professional service agreement with Dailey & Wells Communications, Inc., of San Antonio, Texas for Phase I P25 upgrade to the Public Safety Harris Radio System in an amount not to exceed $1,500,000 where the City of Corpus Christi will pay $1,125,000 based on 75% ownership, Nueces County will pay $285,000 based on 19% ownership, and the Regional Transportation Authority (RTA) will pay $90,000 based on 6% ownership per the Interlocal Cooperation Agreement for the Radio System P25 upgrade. Sponsors: Information Technology Services and Contracts and Procurement 8. 21-0580 Motion authorizing a five-year service agreement with SWCA, Incorporated, dba SWCA Environmental Consultants, of San Antonio, Texas to provide permitting services, such as reporting, training, and compliance for the Texas Commission on Environmental Quality in an amount not to exceed $104,879.00, with FY 2021 funding in an amount not to exceed $6,992.00, available through the Water Fund. Sponsors: Public Works/Street Department and Contracts and Procurement 9. 21-0890 Motion authorizing a two-year service agreement with Unique Employment I, LTD., of Corpus Christi, Texas, in an amount not to exceed $1,000,000.00 for temporary staffing for health clinic services related to COVID-19 for the Corpus Christi - Nueces County Public Health District with FY 2021 funding in the amount of$83,333.00 available through the 1066 - Health Grants Fund. Sponsors: Human Resources, Health Department and Contracts and Procurement General Consent Items 10. 21-1028 Resolution authorizing outside city limits water contract for agricultural use with Rito M. Cristan Jr. & Beberlyn J. Carranza Cristan to provide public water to their property located outside the city limits at 1661 FM 665, located nearest City Council District 3, under Corpus Christi Code Section City of Corpus Christi Page 3 Printed on 8/23/2021 City Council Meeting Agenda-Final-revised August 24, 2021 55-113. Sponsors: Development Services 11. 21-1080 Resolution to support submission of proposal under Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014)" to US Army Corps of Engineers (USACE) to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration project (Packery Channel) to remove Flood Risk Management as an authorized project purpose. Sponsors: Intergovernmental Relations K. RECESS FOR LUNCH L. PUBLIC HEARINGS: M. INDIVIDUAL CONSIDERATION ITEMS: N. FIRST READING ORDINANCES: (ITEMS 12 - 13) 12. 21-0851 Ordinance authorizing execution of the Community Youth Development Program contract with the Texas Department of Family and Protective Services from September 1, 2021 to August 31, 2026 in the amount of $2,406,250.00, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys & Girls Club of the Coastal Bend, Inc., in the approximate annual amount of$36,453.63, Communities in Schools of the Coastal Bend in the approximate annual amount of$185,353.18, and the YWCA Corpus Christi in the approximate annual amount of$37,941.10. Sponsors: Parks and Recreation Department and Contracts and Procurement 13. 21-1073 Ordinance adding Section 13-27 to Corpus Christi Code to authorize emergency demolition of dangerous building due to sudden acts; and providing penalty. Sponsors: Neighborhood Services O. BRIEFINGS: P. EXECUTIVE SESSION: (ITEM 14) 14. 21-1071 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 purchase, exchange, lease, and/or value of property at or adjacent to the Puerto Del Sol RV Park at Rincon Point, and Texas Government Code § 551.072 to discuss and deliberate the potential purchase, exchange, and/or value of the aforementioned areas of said real property. City of Corpus Christi Page 4 Printed on 8/23/2021 City Council Meeting Agenda-Final-revised August 24, 2021 Q. ADJOURNMENT City of Corpus Christi Page 5 Printed on 8/23/2021 Cit`' of Corpus Christi 1201 Leopard Street x City Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Workshop Session Thursday,August 5, 2021 9:00 AM City Council Chambers FY 2022 Budget Workshop for Police, Fire, and Solid Waste Departments A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:13 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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, Senior Assistant City Attorney Lisa Aguilar and City Secretary Rebecca L. Huerta. NOTE: Council Member Smith arrived at 10:16 a.m. Present 8- Mayor Paulette M. Guajardo, Council Member Roland Barrera, Council Member Gil Hernandez, Council Member Billy A. Lerma, Council Member John Martinez, Council Member Ben Molina, Council Member Mike Pusley, and Council Member Greg Smith Absent 1 - Council Member Michael Hunter C. BRIEFINGS TO CITY COUNCIL: 1. 21-0964 FY 2022 Budget Workshop for Police, Fire, and Solid Waste Departments Mayor Guajardo referred to Item 1. Police Chief Mike Markle presented information on the following topics: mission statement; about police department; organization; FY 2021 achievements; performance measures; services; FY 2022 police department proposed budget: $91.3 M; FY 2022 proposed budget general fund: $72.6 M; FY 2022 proposed budget crime control fund: $7.5 M; FY 2022 proposed budget metrocom fund: $8.3 M; FY 2022 proposed budget grants fund: $2.3 M; FY 2022 enhancement 1; FY 2022 enhancement 2; FY 2022 enhancement 3; FY 2022 equipment replacement; and FY 2022 capital improvement plan. Council Members, Police Chief Markle and City Manager Peter Zanoni discussed the following topics: a Council Member's request for a cost analysis of repairs to the vehicles versus officers having their own unit; there are currently only 176 police vehicles, so in City of Corpus Christi Page 1 Printed on 812012021 City Council Workshop Session Meeting Minutes August 5,2021 order for officers to take units home 300 vehicles will be needed; the new police academy will include classrooms, gymnasiums, simulator room, lockers and showers; a Council Member's request for a police substation in the Northwest area of Corpus Christi; the grant funds are accounted for separately with $2.3 Million in the budget; a Council Member's request to see the investment of vehicles per police officer versus the investment of substations being built; substations are meant to be community based, and a place for police officers to prepare reports and have briefings; about 8 to 10 police officers may move to another city after going through the police academy; and not only salary, but amenities and benefits are important to keep police officers in our city. Fire Chief Robert Rocha presented information on the following topics: mission statement; about fire department; fire department command staff; FY 2021 achievements; performance measures; services; FY 2022 fire department proposed budget: $72.4 M; FY 2022 proposed budget general fund: $72.2 M; FY 2022 proposed budget LEPC fund: $.2 M; FY 2022 enhancement 1; fire academy; FY 2022 enhancement 2; FY 2022 enhancement 3; FY 2022 enhancement 4; station 3 CIP budget schedule; and FY 2022 enhancement 5. Council Members, Fire Chief Rocha and Deputy Fire Chief Richie Quintero and City Manager Peter Zanoni discussed the following topics: the fire academy lasts approximately 22 to 24 months; some of the money is recovered from the training cost that the City pays Del Mar if a cadet leaves the fire academy; it costs $77,000 to put one cadet through training for a year; a Council Member's request to look into other options other than Del Mar for paramedic and fire training; a Council Member's request to come up with a long-term plan so that the fire department is adequately equipped; Council Members' request for further discussion about the Emergency Services District (ESD); a Council Member's concern that citizens who live in the London area are outside the city limits and are not paying city taxes, but are provided with emergency services; the new fire station will be 13,000 square feet and will include 5 Bays; Certificates of Obligation are being used instead of a Bond to expedite the construction once a design is complete, and to make sure it is fully funded; a Council Member's request for a more specific list in the Capital budget of what needs to be done; and once the fire stations are fully staffed this year, the overtime budget should decrease. Director of Solid Waste Services David Lehfeldt presented information on the following topics: mission statement; about solid waste services; organization; FY 2021 achievements; performance measures; services; FY 2022 solid waste department proposed budget: $30.6 M; FY 2022 proposed budget general fund: $30.6 M in expenditures; proposed rate changes; FY 2022 enhancement 1; FY 2022 enhancement 2; FY 2022 enhancement 3; FY 2022 enhancement 4; and compost facility. Council Members, City Manager Peter Zanoni and Director Lehfeldt discussed the following topics: a compost facility will save about $400,000 a year; a compost facility will run more efficiently and safely, along with less overtime; the overtime money that is not spent goes back into the general fund; a Council Member suggests that emergency City of Corpus Christi Page 2 Printed on 812012021 City Council Workshop Session Meeting Minutes August 5,2021 situations should be budgeted separately; the Solid Waste Department's staffing rate is down about 15 to 20%; and the compost facility will be a supplier to the nurseries. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 12:27 p.m. City of Corpus Christi Page 3 Printed on 812012021 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Monday,August 16, 2021 9:00 AM Council Chambers Emergency Council Meeting A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:05 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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 K. Risley and City Secretary Rebecca L. Huerta. Present: 8- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member John Marti nez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith Absent: 1 - Council Member Billy A. Lerma C. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Amy Koch, 430 Pleiades Place, submitted a written public comment in opposition to the mask mandate which is attached to the minutes. Kayla Deanda and Shawna Fuller spoke in opposition to the mask mandate. Crystal Madrigal and Dr. Ernie Buck spoke in support of the mask mandate. D. EXECUTIVE SESSION: Mayor Guajardo referred to Executive Session Item 1. The Council went into Executive Session at 9:12 a.m. The Council returned from Executive Session at 10:53 a.m. 1. 21-1061 Executive Session pursuant to Texas Gov't Code§ 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to Texas Governor Executive Order No. GA-38, the COVID-19 disaster, state, federal, county, health district, and court orders related to said executive order and the COVID-19 disaster, and court actions related to the City of Corpus Christi Page 1 Printed on 811612021 City Council Meeting Minutes August 16, 2021 aforementioned orders and mandates related to masks and other emergency matters related thereto. NOTE: Per Texas Government Code Section 551.045, this item was placed on the agenda because of a reasonably unforeseeable situation related to a mask mandate for schools in Nueces County issued by the Local Health Authority. This E-Session Item was discussed in executive session. E. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 10:54 a.m. City of Corpus Christi Page 2 Printed on 811612021 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 17, 2021 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette M. Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:47 a.m. B. Invocation to be given by Pastor Adam Carrington, Brooks AME Worship Center. Pastor Adam Carrington, Brooks AME Worship Center, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Julianna Gomez, Texas A&M University-Corpus Christi. Julianna Gomez, Texas A&M University-Corpus Christi student, led the Pledge of Allegiance to the Flag of the United States and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca L. 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 K. Risley and City Secretary Rebecca L. Huerta. Present: 9- Mayor Paulette M. Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. Proclamations /Commendations 1. 21-1050 Commendation recognizing International Westside Astro's Pinto Pony League. Swearing-In Ceremony for Newly Appointed Board, Commission, Committee and Corporation Members. Mayor Guajardo conducted the swearing-in ceremony. The commendation was postponed. F. PUBLIC COMMENT: Mayor Guajardo opened the public comment period. City of Corpus Christi Page 1 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Sylvia Campos, 4410 Fir St., spoke regarding transparency, environmental impact, and financial economic impact. William Mays, 4618 Oso Parkway, spoke regarding adding noisy generators to the noise ordinance. Jack Gordy, 4118 Bray Dr., spoke in opposition to Item #12. James Klein, 3501 Monterrey St., spoke in opposition to the funding for the desalination plant. Chloe Torres, 5430 Saratoga Blvd., spoke regarding lack of democratic input, in opposition to the desalination plant, and in opposition to Item #13. Melissa Zamora, 3917 Brawner Parkway, spoke regarding the intergovernmental plan on climate change and concerns regarding the desalination plant. Brandon Marks, 319 Rosebud Avenue, spoke regarding funding for the desalination plant. Guillermo Gallegos, 7621 Cedar Brook Dr., submitted a written public comment in opposition to Item #13 and in opposition to the desalination plant. G. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. Briefing on the Replacement of IH-37 Bridge at Nueces River City Manager Peter Zanoni introduced TxDOT Deputy District Engineer Charles Benavides. Mr. Benavides presented information on the following topics: project overview; project team; project phasing-phase 1 of 4; phase 1 Nueces River Bridge section; phase 2 Nueces River Bridge section; phase 3 Nueces River Bridge section; phase 4 Nueces River Bridge section; other project details; project layout at US-77; and project layout at Labonte Park. Council Members, Mr. Benavides and City Manager Zanoni discussed the following topics: the bridge will be elevated about five feet; currently there are no future plans of expanding the four lanes further north; a Council Member's concern about an emergency evacuation lane; the three lanes are maintained during construction for an emergency evacuation route; and construction will begin the day after Labor Day. b. Budget and Finance Report- 3rd Quarter City of Corpus Christi Page 2 Printed on 812012021 City Council Meeting Minutes August 17, 2021 City Manager Peter Zanoni reported on the 3rd Quarter Budget and Finance Report: general fund revenues; general fund expenses; water fund revenues and expenses; wastewater fund revenues and expenses; HOT tax revenue; development services revenue; Consumer Driven Health Plans (CDHP); Capital Improvement Program; summary; next steps; and 4th Quarter Report in November 2021. Council Members and City Manager Zanoni discussed the following topics: a Council Member's request for the City Manager to review the revenues and expenditures that are outliers from trends. c Overview of Bay Jammin' Concert Series by John Nelson Producer and Promoter of The Bay Jammin' Concert Cinema Series John Nelson stated that the organization is celebrating its 31 st anniversary. The funding from private and public sectors pay for bands, movies, sound, lights and printing. The City provides use of the Cole Park Amphitheater. d. COVID-19 Update Director of Public Health Annette Rodriguez gave an update on COVID-19 as follows: Nueces County COVID cases; COVID weekly cases; hospitalizations/ICU August 2021; vaccine breakthrough cases in Nueces County; CDC updated guidance for COVID; and new CDC booster information. Council Members, Director Rodriguez and Fire Chief Robert Rocha discussed the following topics: a third dose of the vaccine is available specifically for those with weakened immune systems; there is no record of any deaths in Nueces County from receiving the vaccine; anyone 12 and older can receive the vaccination at their home by registering with the fire department- 80 to 100 registrants per day; and currently 50 to 100 people a day are getting vaccinated by the fire department at home. e. Seawater Desalination Update by Mike Murphy, Chief Operating Officer Chief Operating Officer Mike Murphy presented information on the following topics: the hunt for renewable water; Terry Arnold with Seven Seas offered to take Council on a tour; and setting up additional meetings with Evangeline. H BOARD AND COMMITTEE APPOINTMENTS: 2. 21-1046 Local Government Fare Review Committee (5 vacancies) Mayor Guajardo referred to Item 2. The following board appointments were made: Local Government Fare Review Committee: Council Member Martinez (Appointed) Council Member Hunter (Appointed) Council Member Lerma (Appointed) City of Corpus Christi Page 3 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Council Member Pusley (Appointed) Council Member Molina (Appointed) Council Member Barrera recused himself. I. EXPLANATION OF COUNCIL ACTION: J. CONSENT AGENDA: (ITEMS 3 - 19) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members requested that Items 12, 14 and 18 be pulled for individual consideration. A motion was made by Council Member Pusley, seconded by Council Member Hunter to approve the Consent Agenda with the exception of Items 12, 14 and 18. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 3. 21-1059 Approval of the August 10, 2021 Regular Meeting Minutes. The Minutes were passed on the consent agenda. Consent-Second Reading Ordinances 4. 21-0802 Ordinance to establish a 15 member Capital Improvement Advisory Committee to advise on Infrastructure Master Plan and impact fees; adding section 2-60 to the Corpus Christi Code. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032514 5. 21-1032 Motion to appoint Rosie G. Collin, Jesus J. Jimenez, Rudy Garza, Moses Mostaghasi, Ramiro Munoz III, Trey Summers, Everett Roy, Alex H. Harris, Gabe Guerra, Anne S. Mahaffey, Kim H. Schmid, and Velda G. Tamez to the Capital Improvement Advisory Committee. This Motion was passed on the consent agenda. Enactment No: M2021-165 6. 21-0759 Zoning Case No. 0521-01, Kitty Hawk Development, Ltd.: (District 5) Ordinance rezoning property at or near 9142 South Staples Street (FM 2444) from the City of Corpus Christi Page 4 Printed on 812012021 City Council Meeting Minutes August 17, 2021 "CN-1" Neighborhood Commercial District to the "RS-15" Single-Family 15 District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032515 7. 21-0761 Zoning Case No. 0621-02, Glenn Lyons: (District 3) Ordinance rezoning property at or near 5839 Williams Drive from the "RS-6" Single-Family 6 District to the "ON" Neighborhood Office District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032516 8. 21-0790 Zoning Case No. 0621-03, Mostaghasi Investment Trust: (District 3) Ordinance rezoning property at or near 2302 County Road 43 from the "FR" Farm Rural District to the "RS-6" Single-Family 6 District. (Planning Commission and Staff recommend Approval) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032517 9. 21-0850 Ordinance adopting the procedure to terminate the campaign treasurer appointment of an inactive candidate or inactive specific-purpose political committee in accordance with Texas Election Code Section 252.0131; and amending the City Code of Ordinances, Chapter 2, Administration, with addition of new Section 2-7. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032518 10. 21-0649 Ordinance amending Corpus Christi Code Chapter 2, Article III to update City departments and functions; and amending Corpus Christi Code Chapter 39 to clarify payment of sick and vacation leave upon termination, retirement, or death. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032519 11. 21-0805 Ordinance appropriating Airport Grant# 62 in an amount of$3,310,001.00 from the United States Department of Transportation-Federal Aviation Administration to the Airport CIP Grants Fund, amending the FY 2021 Capital Budget, and awarding a construction contract in an amount of$2,625,000.00 to Bay Ltd., Corpus Christi, Texas, for the Corpus Christi International Airport Rehabilitate Runway 13-31, Taxiway B, and Associated Improvements, with FY 2021 funding available from the Airport CIP Grants Fund. This Ordinance was passed on second reading on the consent agenda. City of Corpus Christi Page 5 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Enactment No: 032520 12. 21-1010 Ordinance adding Section 33-17 to Corpus Christi Code to prohibit parking on an unimproved surface on residential lots; and providing for a penalty not to exceed $500 per violation. Mayor Guajardo referred to Item 12. Interim Director of Neighborhood Services Tracey Cantu presented information on the following topics: offense; street yard; exceptions to policy; criminal penalty; and recommendation to approve the ordinance. Council Members, Interim Director Cantu and City Attorney Miles Risley discussed the following topics: a Council Member's concern about micromanaging private property; there is an ordinance in place that vehicles cannot park between the street and the sidewalk; caliche parking is allowed if it does not cause rutting; and a resident will be given a notice to come into compliance before being cited. Council Member Hernandez made a motion to amend the ordinance to remove the word "dustless", seconded by Council Member Smith and passed unanimously. Council Member Hernandez made a motion to approve the ordinance as amended, seconded by Council Member Smith. This Ordinance was passed on second reading as amended and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Nay: 1 - Council Member Hunter Abstained: 0 Enactment No: 032521 13. 21-0999 Ordinance adding Section 49 - 16 to the Corpus Christi Code to prohibit sitting or lying in public right-of-way within the Corpus Christi Central Business District, North Beach, and Flour Bluff; and providing for penalty of up to $500 per violation. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032522 Consent-Public Safety First Reading Ordinances 14. 21-0889 Ordinance authorizing the acceptance of$32,965.90 from the Firehouse Subs Public Safety Foundation for a 12-Lead cardiac monitor to support the Corpus Christi Fire Department; and appropriating $32,965.90 into the Fire Grants Fund. City of Corpus Christi Page 6 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Mayor Guajardo referred to Item 14. Fire Chief Robert Rocha stated that the 12-Lead cardiac monitor is a piece of equipment on ambulances that transmits heart rhythm to the hospitals for physicians to determine the rhythm of the heart. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Consent- Contracts and Procurement 15. 21-0799 Motion authorizing a two-year service agreement with Crosstown Partners Inc., dba Sames Ford, of Corpus Christi, Texas, for a total amount not to exceed $543,000.00, for offsite repairs of Asset Management Fleet Ford vehicles, with FY 2021 funding in the amount of$45,200.00 available through the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2021-166 16. 21-0620 Motion awarding a construction contract to Viking Industrial Painting, Omaha, Nebraska, for the restoration and rehabilitation of the Coral Vines Elevated Storage Tank, located in Council District 4, in an amount of$540,200.00, with FY 2021 funding available from the Water Fund. This Motion was passed on the consent agenda. Enactment No: M2021-167 17. 21-0918 Resolution authorizing a five-year service agreement with Energy Worldnet, Inc., in an amount of$134,620.00 for management software that tracks and provides online training to meet licensure compliance for natural gas operators effective upon issuance of a notice to proceed, with FY 2021 funding in the amount of $2,243.67 available in the Gas Fund. This Resolution was passed on the consent agenda. Enactment No: 032523 General Consent Items 18. 21-0826 Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2021-2022. City of Corpus Christi Page 7 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Mayor Guajardo referred to Item 18. A Council Member and Director of Finance Heather Hurlbert discussed the following topics: a Council Member's request for a quarterly report of investment strategies and results. Council Member Pusley made a motion to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Enactment No: 032524 19. 21-0827 Resolution authorizing enrollment in the Texas CLASS & Texas CLASS Government Investment Pools. This Resolution was passed on the consent agenda. Enactment No: 032525 K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 1:58 p.m. Mayor Guajardo reconvened the meeting at 2:35 p.m. L. RECESS FOR A CORPORATION MEETING: (ITEM 20) Mayor Guajardo recessed the Council meeting at 2:40 p.m. 20. 21-1034 North Padre Island Development Corporation Annual Meeting This Corporation Meeting was held. M. RECONVENE CITY COUNCIL MEETING: Mayor Guajardo reconvened the meeting at 2:45 p.m. N. PUBLIC HEARINGS: (ITEMS 21 - 22) 21. 21-0861 Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 21. City of Corpus Christi Page 8 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; PUD deviations; master site plan; and planning commission and staff recommend approval with conditions. Council Members and Director Raymond discussed the following topics: a Council Member's request to table this item because he has not spoken to the North Beach residents in opposition to this item; and the owner has applied to have their own private solid waste collection. Mayor Guajardo opened the public hearing. Applicant Gordon Awsumb, 1 Virginia Hills Dr., stated that he spoke to the residents who had issues with the parking, flooding and colors of the units, and that efforts and requests have been met to meet their satisfaction. Mayor Guajardo closed the public hearing. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 22. 21-0862 Zoning 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. (Planning Commission and Staff recommend Approval) Mayor Guajardo referred to Item 22. Director of Development Services Al Raymond presented information on the following topics: aerial overview; zoning pattern and adjacent development; public notification; and planning commission and staff recommend approval. A Council Member and Director Raymond discussed the following topics: the developer is going to realign the drainage easement. Mayor Guajardo opened the public hearing. Developer Bart Braselton stated that his company will be the developer and builder of all the homes; this neighborhood will help with the drainage; and there will be 215 homes that will average around $200,000 each. City of Corpus Christi Page 9 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Mayor Guajardo closed the public hearing. Council Member Barrera made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 O. INDIVIDUAL CONSIDERATION ITEMS: P. FIRST READING ORDINANCES: (ITEM 23) 23. 21-1005 Ordinance appropriating Airport Grant No. 65 for$4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic for costs related to operations, personnel, combating the spread of the COVID-19 virus at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. Mayor Guajardo referred to Item 23. There were no comments from the Council or the public. Council Member Pusley made a motion to approve the ordinance, seconded by Council Member Barrera. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 Q. BRIEFINGS: (ITEMS 24 - 25) 24. 21-0811 Proposed Recycling Education and Inspection Program to reduce contamination in recycling waste. Mayor Guajardo referred to Item 24. Director of Solid Waste David Lehfeldt presented information on the following topics: historical contamination; what is contamination; what items are considered contamination; cost of contamination; recycle clean; summary; way forward; and recommendation. City of Corpus Christi Page 10 Printed on 812012021 City Council Meeting Minutes August 17, 2021 Council Members and Director Lehfeldt discussed the following topics: Council Members recommend removing recycle bins after a set number of offenses instead of fining the citizens who don't recycle properly; five recycle vehicles are available; the importance of educating the public about recycling; and the cost of recycling is expensive due to the cost of materials fluctuating. 25. 21-1057 Tax Year 2021 Truth in Taxation Briefing Mayor Guajardo referred to Item 25. Director of Finance Heather Hurlbert presented information on the following topics: truth in taxation; definitions; tax rate calculation; and truth in taxation tax year 2021. Council Members and Director Hurlbert discussed the following topics: the tax rate that is being adopted will be below the voter approval tax rate, so an election will not be necessary; the total new revenue is a little over $2 million; and a Council Member's request to check if the appraisal district is banking any overages. R. EXECUTIVE SESSION: None S. ADJOURNMENT There being no further business, Mayor Guajardo adjourned the meeting at 3:48 p.m. City of Corpus Christi Page 11 Printed on 812012021 Sarah Brunkenhoefer From: CitySecretary Sent: Tuesday,August 17, 2021 8:20 AM To: Rebecca Huerta Cc: Norma Duran; Sarah Brunkenhoefer Subject: FW: [EXTERNAL]Public Input: 08-17-2021 - Guillermo Gallegos FYI. From:JotForm <noreply@jotform.com> Sent: Monday,August 16, 202110:59 PM To: CitySecretary<CitySecretary@cctexas.com>; Norma Duran <NormaD2@cctexas.com> Subject: [EXTERNAL]Public Input: 08-17-2021-Guillermo Gallegos [ [ WARNING: External e-mail. Avoid clicking on links or attachments. We will NEVER ask for a password, username, payment or to take action from an email. When in doubt, please forward to SecurityAlert@cctexas.com. ] ] Warning: Replies to this message will go to . If you are unsure this is correct please contact the Helpdesk at 826-3766. Mublic Comment& Input Form Date of Meeting 08-17-2021 Name Guillermo Gallegos Address Street Address: 7621 Cedar Brook Dr City: Corpus Christi State/ Province:TX Postal/Zip Code: 78413 Topic Multiple Agenda Item Number 21-0999 Describe Feedback: While I have two main subjects to discuss, I would like to start by stressing the need to reinstate public comment by phone, especially in the midst of our current COVID spike. The two subjects I wanted to discuss were the right- of-way ordinance and desalination. The right-of-way ordinance would in effect criminalize being homeless.Things like sitting or lying on the sidewalk are things that are non- 1 destructive and to put a fine on this activity is to try and squeeze what little money our houseless population has out of them. Criminalizing homelessness does not get people off the street, it puts them in jail to be part of the new slave labor of prisons. If you truly want to address the housing crisis,then you will make shelter available to all and freely. As for desalination, it is truly just disgusting to waste taxpayer money on trying to attract an industry that will destroy our bay and is actively poisoning the world. Desal must be OFF the budget. Provide an email to receive a copy of your GGtheROBOT@yahoo.com submission. 2 so �o p A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 17, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief rrocha@cctexas.com (361) 826-3938 Acceptance of Funds from the Firehouse Subs Public Safety Foundation CAPTION: Ordinance authorizing the acceptance of $32,965.90 from the Firehouse Subs Public Safety Foundation for a 12-Lead cardiac monitor to support the Corpus Christi Fire Department; and appropriating $32,965.90 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of an allocation of $32,965.90 from the Firehouse Subs Public Safety Foundation. The grant funds will be used to purchase one Zoll cardiac monitor to support the Corpus Christi Fire Department's mission to provide high-quality medical services to the community. BACKGROUND AND FINDINGS: The Corpus Christi Fire Department (CCFD) was awarded a grant in the amount of $32,965.90 from the Firehouse Subs Public Safety Foundation. The Foundation was founded in 2005 in the aftermath of Hurricane Katrina. The Foundation funds areas such as lifesaving equipment, prevention education, scholarships and continued education, and disaster relief with its grant program. This is the first year the CCFD has received this grant from Firehouse Subs Public Safety Foundation. The grant funds will be used to purchase one 12-Lead cardiac monitor that will be used on the AMBUS that CCFD recently acquired. CCFD currently has two monitors for the AMBUS and 14 for frontline ambulances. The total number of monitors CCFD will have if the grant award is accepted will be 17. The cardiac monitors are used to conduct 12-lead electrocardiograms (ECG), defibrillate, transmit readings to hospitals, and monitor other vital signs such as heart rate, pulse oximetry, and end tidal carbon dioxide. The monitors are much-needed pieces of lifesaving equipment. The monitors also will be used to assist in the training of CCFD paramedics. ALTERNATIVES: The alternative to accepting this grant is to decline and seek funding from other programs that support cardiac monitors or to utilize the General Fund for this need; however, this will limit emergency response capabilities while searching for alternate funding sources. FINANCIAL IMPACT: Acceptance of funds in the amount of$32,965.90 and appropriating $32,965.90 to the Fire Grants Fund. FUNDING DETAIL: Fund: 1062 Fire Grants Organization/Activity: 840024L Firehouse Subs — Public Safety Mission Element: 888 Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $32,965.90 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$32,965.90, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $32,965.90 from the Firehouse Subs Public Safety Foundation; and appropriating $32,965.90 into Fire Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Firehouse Subs Public Safety Foundation in the amount of $ 32,965 for the benefit of the medical equipment to support the Corpus Christi Fire Department. SECTION 2. That$32,965.90 is appropriated in the No. 1062 Fire Grant Fund to purchase equipment. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor ---------- Forwarded message --------- From: Firehouse Subs Public Safety Foundation<foundationPfirehousesubs.com> Date:Wed,Jul 7, 2021 at 9:39 AM Subject: APPROVED: Firehouse Subs Public Safety Foundation Grant To: <douem@cctexas.com>, <RichieQ@cctexas.com> Cc: David Barganski <david.barganski@firehousesubs.com>, Bill Krassner<bkrassner@firehousesubs.com>, Firehouse Subs Public Safety Foundation<foundation(cDfirehousesubs.com>,Sheri Kohler<skohler firehousesubs.com>,Ty Lowry <ty.lowry@fireho-usesubs.com> Dear Asst. Chief Matthijetz & Deputy Chief Quintero, We are pleased to announce that the Firehouse Subs Public Safety Foundation Board of Directors has awarded the City of Corpus Christi, TX, on behalf of Corpus Christi Fire Department in Corpus Christi, TX the requested Zoll X Series Manual Monitor/Defibrillator & Accessories valued at up to $32,965.90. If your grant award must be approved by your city council, please add this item to the agenda immediately, and contact us with the meeting date. PROCUREMENT: The procurement process for your grant award will be determined by our Foundation, and we will contact you no later than Tuesday, August 31, 2021 to initiate the process. Do not make any advanced purchases, as failure to adhere to our chosen method will jeopardize your grant award. If you have any fulfillment questions, please email Procurementfounda.tion@firehousesubs.com. PUBLIC RELATIONS CPR) NOTES • PR announcements from your organization regarding the grant award are optional. If you choose to share the good news, please use the attached press release template and/or social media post template and send it back to Foundation @flrehousesubs.com and FHSPSF co ne r.com for review and approval (allowing for 72 hours turnaround time). Please do not pitch or post before receiving approval from the Foundation team. Use of the Firehouse Subs Public Safety Foundation logo: • We ask that your organization acknowledges the grant by displaying our Foundation logo on granted items/equipment whenever possible. Our Foundation logo is attached for your convenience. Please note that the final artwork will need to be approved by our Foundation via Foundation@firehousesubs.com before being displayed. Did you know? More than 70% of the funds raised for the Firehouse Subs Public Safety Foundation come from the generosity of Firehouse Subs guests and the restaurant brand? Please consider supporting a Firehouse Subs restaurant near you. We are very excited to assist your organization and ultimately improve the lifesaving capabilities of your community. Firehouse Subs Public Safety Foundation foundation{a firehousesubs.com FirehouseSubsl;oundation.org Twitter Facebook 3 so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/17/21 1852 Second Reading Ordinance for the City Council Meeting 08/24/21 DATE: June 30, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4606 Gulfbreeze Boulevard CAPTION: Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance zoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development. SUMMARY: The purpose of the rezoning request is to construct a 14-unit single-family townhouse development. BACKGROUND AND FINDINGS: The subject property is 0.45 acres in size. The applicant is proposing Las Casitas del Mar Planned Unit Development (PUD) is a planned community that will consist of 14 single-family townhouse lots and one common area. The development will be residential lots fronting a common area and all units sharing a common parking lot. The subject property is currently zoned "RM-AT" Multifamily AT District, consists of vacant land, and has remained since annexation in 1935. To the north and south are single-family homes zoned "RM-AT" Multifamily AT District. To the east is a condominium development (Beach Place Condominiums) zoned "RM-AT/SP" Multifamily AT District with a Special Permit. To the west are single-family homes and a cottage development zoned "RM-AT" Multifamily AT District. The subject property was recently heard and approved for a contract involving the North Beach Tax Increment Reinvestment Zone (TIRZ) #4. Conformity to City Policy The subject property is located within the boundaries of the Downtown Area Development Plan (ADP) and is planned for a high-density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties. Properties in proximity have been similarly developed within the last decade as high-density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. The subject property is located within a velocity zone according to the adopted Federal Emergency Management Agency (FEMA) Floodplain Map. The static base flood elevation of the subject property is 11-feet. Public Input Process Number of Notices Mailed 57 within 200-foot notification area 4 outside notification area As of August 13, 2021: In Favor In Opposition 0 inside notification area 24 inside notification area 0 outside notification area 1 outside notification area Totaling 18.30% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning to the"RM-AT" Multifamily AT District to the"RM-AT/PUD" Multifamily AT District with a Planned Unit Development. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the"RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development on June 23, 2021. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0621-04, Date Tree Holdings, LLC. (District 1). Ordinance rezoning a property located at or near 4606 Gulfbreeze Boulevard from the "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 4, 6, and 8, Block 22, Brooklyn as shown in Exhibit "K.- "RM-AT" Multifamily AT District to the "RM-AT/PUD" Multifamily AT District with a Planned Unit Development The subject property is located at or near 4606 Gulfbreeze Boulevard. Exhibit A, which is a map of the subject property and Exhibit B, which is a copy of the Las Casitas del Mar Planned Unit Development (PUD) Guidelines and Master Site Plan attached to and incorporated in this ordinance. SECTION 2. The Planned Unit Development Overlay granted in Section 1 of this ordinance is subject to the Owner following the conditions listed below: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 11 Exhibit A / � SghOQ4 R CG-2 q�'F �v RM-Ar yF Q c°�oFN. SUBJECT 41 PROPERTY eey RFFp JO � V �J f q� f 2021 0 250 500 Parepared By.:te,Cleared:e / remyhl Feer Deparrmerrr of Aevelopmenr Services CASE: 0629-04 SUBJECT PROPERTY WITH ZONING dt Subject Property RM-1 Multifamily IL Lightlndustnal SUBJECT PROPERTY RM-2 Multifamily 2 lH Hil hmduatrlal RM-3 Multifamily 3 PUO Planned Unit D.,Overlay ON Professional office RS-10 Single-Family 10 RM-AT MuitiFamity AT RS.6 Sin gleFamily6 CN-1 Neighborhood Commercial Rgdii Sing1: 6.5 CN-2 Neighborhood Commercial RSTic7Wo-Famlly CR-1 Resort CommerciaV RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS.TH Townhouse CG-2 General Commercial SP Special Permit CIhat...N.Commereial RV Recreational Vehicle Park Sources'.Esri,HERE.Gar CSO Downtoym Commercial RNH Manufactured Home u r Intermap,INCREMENT P � CR-3 Resort Commer6a113t FR Farm Rural s Esri Japan,METI,Esn Ch City Of H Historic overlay Kong(,Esn Korea.Esn(TI CO IIS SP Business Park LOCATION MAP ® NGCC,(c)OpenStreetMa ChASti Page 4 of 11 P(annedunit deve(opment fo r .Gas Casitas def,14ar 4606 GuCfbreeze �(vd, Corpus Christi, Ter,,as owned 6y Date Tree 916(dings GLC, 1 Virginia.Miffs Dr., Corpus Christi, TX 78414 developed 6yAwsum6Associates, Gordon SAwsum6 President, 1 Virginia Yfills Dr., Corpus Christi, TX 78414 phone 612-685-2210 Cl I. By 1Dorphin Pari, An EnergyStae Rated barque De�fin Xet-hero Carbon@ 1Deveropment Page 5 of 11 EXECUTIVE SUMMARY Of the proposed planned unit development (PUD) of ®as Casitas del Ma consisting of the three residential lots containing 19,500 square feet of land with the total dimension of 150 feet of frontage on Gulf breeze Boulevard and 130 feet of depth to the alley at the back of the site. Our PUD proposed is a 10-building townhouse development containing 14 units. In accordance with 4.4.13 Of the Unified Development Code, (UDC) City of Corpus Christi, pages 21-22, our project meets the purpose of townhome development infill. This use is consistent with the neighborhood. Immediately adjacent to the back of the site is high density 6 story residential use of the Beach Place (40 units) condominiums. Immediately across the street at 4601 Gulfbreeze Boulevard is another townhouse development which had received the similar setback, density, lot size and access standard approvals that we are seeking. The proposed master site plan(s) of the parking ground-level and second- level attached as PDFs for 4606 Gulf Breeze Blvd. shows buildings one through six as three-bedroom 2 level townhomes 16 feet wide by 44 feet long. The interior living areas are 16 feet wide by 36 feet long. The first level of the building will be approximately 12 feet above finished grade and have an 8' x 16' wide outdoor deck from which the unit will be accessed. Two units shall be constructed with a connecting deck and stairway which has an area planned for an ADA lift from the parking area under the units. An interior stair leads to the second level. Buildings seven through ten will be 2 side-by-side duplex units on two levels. They will contain two one-bedroom units per duplex for a total of eight one-bedroom units. Since they have an adjacent party wall, they will have a zero- lot line on that party wall. This is an exception to the standards needing approval as a variance in the PUD. Page 6 of 11 They will contain 16' x 36' of interior living area with an adjacent outside deck of 8' x 16' from which the units will be accessed on the second floor above the grade level. The third level units will have access from an interior stairway on the second level of the outside deck. An outdoor elevator is planned to access the second and third level decks. According to table 4.4.3.13 Multifamily Zoning Districts of the City of Corpus Christi Unified Development (UDC) Code, page 24, the maximum density per acre for RM-AT North Beach is 18 units. Our development proposes 10 buildings with 14 units. That exceeds the maximum calculation for the site which would be 8.06 units. Therefore, we seek approval for the extra density. This request is consistent with the extra density allowed across the street at 4601 Gulf Breeze Blvd. townhome development and the extra density of the Breakers condominium directly behind our property. Continuing with 4.4.3. B, UDC, the open space requirement is shown at 25%, We believe we reach that requirement as follows: section 4.201 allows calculation of open space to include 5% of impervious surface open areas. The pool area shown on the master plans is 28' x 42'. 5% of that would yield 1176 square feet allowed to be added to the 4114 square feet of landscape open area shown on the master plan. Those combined would total 5290 square feet or 27% of the 19,500 square feet of the site. Since the pool area shows an encroachment on the 20-foot front Street setback that is an additional variance we seek from the code. If that is denied, the impervious area allowed for inclusion in the calculation of open area would be 1036 square feet plus the 4114 square feet of landscape open area, totaling 5150 square feet or 26% of the 19,500 square feet of the site. Our master site plan shows we comply with the minimum lot width of table 4.4.3.13 Multifamily Zoning Districts on page 25 Unified Development Code. We also comply with the minimum lot area. However, my interpretation is Page 7 of 11 that applies to the entire site. Since this will be created as a townhome project with individual lots, those lots are less than the standard set forth on page 24 of the UDC which applies to the Townhome District. I do not believe that is applicable. The lots when platted will be slightly larger than the unit's footprint except at the zero-lot line of the duplexes. If a variance is required for this under the PUD, we hereby request it. Continuing on that table of the UDC on page 25, we have a 20-foot setback from Gulfbreeze Boulevard which meets the requirement. We have an additional 5-foot setback facing the street which is green space except for a stairway accessing decks. The side setback requirement appears to be 10 feet, however, our side setback proposed is 5 feet from the property line. This is also consistent with the townhome development at 4601 Gulf Breeze Blvd. It is necessary to achieve the density needed but does not pose an undue burden on adjacent property owners as the front of the units do not face the side property lines. Thus, we request the 5, foot side yard setback as a variance if needed. The height of our buildings will be under 35 feet except for protrusions for antennas, solar panels plumbing stacks all as anticipated to be allowed under section 4.28.13 of the UDC. The height of the Beach Place condominiums across the alley from our site is six levels in excess of 60 feet. The rear setback appears to require a 10- foot separation; however, a 20-foot public right-of-way alley is at the back of the property line separating the development from the Breakers condominiums. Thus, we show a 5-foot setback from the alley with access to the alley for exiting the parking under the units. This is requested to increase the density and minimize the risk of developing on North Beach. A note to the issue of the 20-foot alley is that survey stakes of my property line at the alley are 17 feet from the wooden fence separating Beach Place Page 8 of 11 condominiums from the alley. So, there may be an encroachment on the alley by Beach Place. The minimum building separation shown on the UDC table 4.4.3.13 is 10 feet. The building separation shown between buildings 2 & 3, 4 & 5 is 10 feet. The building separation between buildings 1&2,3&4,5&6 is 8 feet. This separation is allowed by building code. The buildings as shown have no eve overhangs. The buildings will be sprinklered according to building code including indoor wet systems and outdoor dry systems. Therefore, we request the variance to building separation will meet the density needed for the risk associated with the development on North Beach. The UDC section 4.3.5.E site plan review requirements are covered in the information provided on the master site plan(s), S1 , S2 and S3. There are also labeled by use on the PDF attachments. The PDF attachment "4606 Gulf breeze elevations" are provided. However, those are to be revised in accordance with the master site plans if approved. They demonstrate the proportion of the buildings. On the master site plans, lot lines, location of buildings and setbacks are shown as discussed above. The landscaping area is indicated within the setback area and will be further designed according to code, with particular emphasis to highlight the development. The pool area recreational facility, signage and parking as provided is shown. In the 10 buildings there is 11 ,520 square feet of total building area. Six buildings contain over 1000 square feet and require 1 .5 parking spaces per unit or nine spaces. Two spaces for each of those units is provided totaling 12 spaces. Eight of the units are under 1000 square feet requiring 1 .25 parking spaces per unit or 8 spaces. 10 spaces are provided. Page 9 of 11 One guest parking space for each five units is required by code for a total of 3 guest spaces required. Six guest spaces are provided. Two guest spaces are provided within the driveway access of the site. Four of the guest spaces are provided along the street within the 20-foot setback. If a variance for this on street parking is required, we hereby request it. The height of roof peaks will be under 35 feet however that is not indicated on the plans. The exact elevation dimensions are not indicated on the plans yet. Page 10 of 11 | | | | | | | | � � Page 11 of 11 PLANNING COMMISSION FINAL REPORT Case No. 0621-04 INFOR No. 21ZN1020 Planning Commission Hearin Date: June 23, 2021 C Owner: Date Tree Holdings, LLC. o Applicant: Date Tree Holdings, LLC. u .� Location Address: 4606 Gulfbreeze Boulevard a N Legal Description: Lot 4, 6, and 8, Block 22, Brooklyn, located along the east Q °� o side of Gulfbreeze Boulevard, south of Gulden Street, and north of Beach Avenue. From: "RM-AT" Multifamily AT District To: "RM-AT/PUD" Multifamily AT District with a Planned Unit Development -Es Area: 0.45 acres N �' Purpose of Request: To develop a 14-unit single-family townhome development. Existing Zoning District Existing Future Land Use Land Use Site "RM-AT" Multifamily AT District Vacant High Density ca Residential Low Density High Density North "RM-AT" Multifamily AT District Residential Residential -E N o NSouth "RM-AT" MultifamilyAT District Low Density High Density Residential Residential TJ East "RM-AT/SP" Multifamily AT High Density High Density LU District with a Special Permit Residential Residential Low and High Density West "RM-AT" Multifamily AT District Medium Density Residential Residential Area Development Plan: The subject property is located within the boundaries 06 u, of the Downtown Area Development Plan and is planned for a high-density o residential use. The proposed rezoning to the "RM-AT/PUD" Multifamily AT 2 District with a Planned Unit Development is consistent with the Comprehensive a IU o Plan (Plan CC). Q City Council District: 1 Zoning Violations: None ° Transportation and Circulation: The subject property has approximately 150 feet of street frontage along Gulfbreeze Boulevard which is designated as an i 0 "Local/Residential' Street. According to the Urban Transportation Plan, a N "Local/Residential' Streets can convey a capacity up to 500 Average Daily Trips (ADT). Staff Report Page 2 Urban Street Transportation Proposed Existing Traffic *05� Plan Type Section Section Volume � O C Gulfbreeze50' ROW 60' ROW Not Boulevard "Local/Residential" 28' paved 25' paved Available Staff Summary: Development Plan: The subject property is a total of 0.45 acres in size. Las Casitas del Mar Planned Unit Development (PUD) is a planned community that will consist of 14 single-family townhouse lots and one common area. The development will be residential lots fronting a common area and all units sharing a common parking lot. Additional information may be found in the PUD documents. Minimum "RM-AT"District "RS-TH"District proposed PUD Deviation Dimensions Standards Standards Max. Density 18 du/ac N/A 31 du/ac Yes Lot Area 5,000 sf. 1,600 sf. 704 sf. Yes Min. Open 25% 30% 26% No Space Minimum Lot 50 ft. 16 ft. 16 ft. Yes Width Street Yard 20 ft. 10 ft. 5 ft. Yes Street Yard 10 ft. 10 ft. 10 ft. No (Corner) Side Yard 5 ft. 0 ft. 5 ft. No Rear Yard 5 ft. 5 ft. 5 ft. No 1.5/ unit(1 bedroom) 1.5/ unit(1 Parking 2/ unit (2 bedroom) bedroom) 1.5/ unit No Requirement 1/5 units (guests) 2/ unit (2 bedroom) 1/5 units (guests) 1/5 units (guests) Existing Land Uses & Zoning: The subject property is currently zoned "RM-AT" Multifamily AT District and has remained undeveloped since annexation in 1935. To the north and south are single-family homes zoned "RM-AT" Multifamily AT District. To the east is a condominium development (Beach Place Condominiums) zoned "RM-AT/SP" Multifamily AT District with a Special Permit. To the west are single-family homes and a cottage development zoned "RM-AT" Multifamily AT District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). Plat Status: The property is platted. Utilities: Water: 8-inch C900 line located along Gulfbreeze Boulevard. Wastewater: 8-inch PVC line located along Gulfbreeze Boulevard. Gas: 2-inch line located along Gulfbreeze Boulevard. Staff Report Page 3 Storm Water: 54-inch line located along Gulfbreeze Boulevard. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Downtown Area Development Plan (ADP). The proposed rezoning to the"RM-AT/PUD" Multifamily AT District with a Planned Unit Development is consistent with the adopted with the Downtown ADP. The proposed rezoning is also consistent with the following policies of the Comprehensive Plan: • Encourage orderly growth of new residential, commercial, and industrial areas. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the Future Land Use Map. The proposed rezoning is also compatible with neighboring properties and with the general character of the surrounding area. This rezoning does not have a negative impact upon the surrounding neighborhood. • Properties in proximity have been similarly developed within the last decade as high- density residential townhouse and condominium development. The zoning pattern is in line with a Plan CC policy statement of creating urban villages and accommodating continuous growth. • Infill development should be encouraged at this site. PUDs allow flexibility for attractive, efficient design and can often reduce infrastructure installation and maintenance costs to the city. PUDs can encourage development on difficult sites. • The subject property is located within a velocity zone according to the adopted Federal Emergency Management Agency (FEMA) Floodplain Map. The static base flood elevation of the subject property is 11-feet. Planning Commission and Staff Recommendation (June 23, 2021): Approval of the change of zoning from the "RM-AT" Multifamily AT District to the "RM- AT/PUD" Multifamily AT District with a Planned Unit Development Overlay with the following conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). Staff Report Page 4 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Number of Notices Mailed — 57 within 200-foot notification area 4 outside notification area As of June 18, 2021: In Favor — 0 inside notification area ° — 1 outside notification area ca In Opposition — 23 inside notification area ° — 1 outside notification area z Totaling 17.84% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Planned Unit Development (PUD) Guidelines and Master Site Plan C. Public Comments Received (if any) Staff Report Page 5 SqN 0 eqR. m / �w l � RM-AT R � 19 tc�F9 v a 14 8 CU�40_ SUBJECT 4 PROPERTY 10 16 186 2 ts, /r FF n1 ,Q � a 3 a ,6 15 e�gcygL F yq� yFS.$ Date Creat.d 6210/1021 0 r 250 500 Prepared By:JeremyM FEB[ Department of Development Services CASE: 0629-04 ZONING & NOTICE AREA RM-1 Multifamily 1 IL Light Industrial RM-2 Multifamily IH Heavy Industrial RM-3 Multifamily PUD Planned Unit Dev.Overlay ON Professional Office RS 10 Single-Family 10 RM-AT Multifamily AT RS-6 Single-Family6 SUBJECT CN-1 Neighborhood Commercial RS4.5 Single-Family 4.5 * /PROPERTY CN-2 Neighborhood Commercial RS-TF Two-Family ®/ CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Townhouse - CG-2 General Commercial SP Special Permit CIIntensive Commercial RV Recreational Vehicle Park CBD Downtown Commercial RMH Manufactured Home -,r$ CR-3 Resort Commercial fIJ FR Farm Rural H HistoricOverlayN 6W Sources:Esri,HERE,Gar BP Business Pk k w e �_.���.�� Intermap,INCREMENT P, — — Subj-t Property a,,,e>s -g. Esri Japan,METI,Esri Ch Cily of wan 200'm,ner KongEsri Korea,Esri T av"'s ,rnmzo0usredo0 avners . ( Corpus `_� araonedo,,n200�praore xmoppos�l;on LOCATION MAPFd NGCC,(c)OpenStreetMa Christi Staff Report Page 6 (Pfiannedunit• the v e rop m e n t fo r • Las Casitas die ( 44ar 4606 GuCfbreeze �(vd, Corpus Christi, Texas Owned 6y Date Tree.Moldings LLC, 1 Virginia Yfills Dr., Corpus Christi, TX 78414 developed 6yAwsum6Associates, Gordon SAwsum6 President, 1 Virginia Yfiffs Dr., Corpus CFiristi, 7X 78414 phone 612-685-2210 too ..-:suvXtinffi1! By 1r .An Ener�y Star@ dated Dopfim Park Parque Oe n Xet-Zero Carbon@ 1Deveropment Staff Report Page 7 Of the proposed planned unit development (PUD) of _as Casitas del Mar consisting of the three residential lots containing 19,500 square feet of land with the total dimension of 150 feet of frontage on Gulf breeze Boulevard and 130 feet of depth to the alley at the back of the site. Our PUD proposed is a 10-building townhouse development containing 14 units. In accordance with 4.4.13 Of the Unified Development Code, (UDC) City of Corpus Christi, pages 21-22, our project meets the purpose of townhome development infill. This use is consistent with the neighborhood. Immediately adjacent to the back of the site is high density 6 story residential use of the Beach Place (40 units) condominiums. Immediately across the street at 4601 Gulfbreeze Boulevard is another townhouse development which had received the similar setback, density, lot size and access standard approvals that we are seeking. The proposed master site plan(s) of the parking ground-level and second- level attached as PDFs for 4606 Gulf Breeze Blvd. shows buildings one through six as three-bedroom 2 level townhomes 16 feet wide by 44 feet long. The interior living areas are 16 feet wide by 36 feet long. The first level of the building will be approximately 12 feet above finished grade and have an 8' x 16' wide outdoor deck from which the unit will be accessed. Two units shall be constructed with a connecting deck and stairway which has an area planned for an ADA lift from the parking area under the units. An interior stair leads to the second level. Buildings seven through ten will be 2 side-by-side duplex units on two levels. They will contain two one-bedroom units per duplex for a total of eight one-bedroom units. Since they have an adjacent party wall, they will have a zero- lot line on that party wall. This is an exception to the standards needing approval as a variance in the PUD. They will contain 16' x 36' of interior living area with an adjacent outside deck of 8' x 16' from which the units will be accessed on the second floor above the grade level. The third level units will have access from an interior stairway on the second level of the outside deck. An outdoor elevator is planned to access the second and third level decks. According to table 4.4.3.13 Multifamily Zoning Districts of the City of Corpus Christi Unified Development (UDC) Code, page 24, the maximum density Staff Report Page 8 per acre for RM-AT North Beach is 18 units. Our development proposes 10 buildings with 14 units. That exceeds the maximum calculation for the site which would be 8.06 units. Therefore, we seek approval for the extra density. This request is consistent with the extra density allowed across the street at 4601 Gulf Breeze Blvd. townhome development and the extra density of the Breakers condominium directly behind our property. Continuing with 4.4.3. B, UDC, the open space requirement is shown at 25%, We believe we reach that requirement as follows: section 4.201 allows calculation of open space to include 5% of impervious surface open areas. The pool area shown on the master plans is 28' x 42'. 5% of that would yield 1176 square feet allowed to be added to the 4114 square feet of landscape open area shown on the master plan. Those combined would total 5290 square feet or 27% of the 19,500 square feet of the site. Since the pool area shows an encroachment on the 20-foot front Street setback that is an additional variance we seek from the code. If that is denied, the impervious area allowed for inclusion in the calculation of open area would be 1036 square feet plus the 4114 square feet of landscape open area, totaling 5150 square feet or 26% of the 19,500 square feet of the site. Our master site plan shows we comply with the minimum lot width of table 4.4.3.13 Multifamily Zoning Districts on page 25 Unified Development Code. We also comply with the minimum lot area. However, my interpretation is that applies to the entire site. Since this will be created as a townhome project with individual lots, those lots are less than the standard set forth on page 24 of the UDC which applies to the Townhome District. I do not believe that is applicable. The lots when platted will be slightly larger than the unit's footprint except at the zero-lot line of the duplexes. If a variance is required for this under the PUD, we hereby request it. Continuing on that table of the UDC on page 25, we have a 20-foot setback from Gulfbreeze Boulevard which meets the requirement. We have an additional 5-foot setback facing the street which is green space except for a stairway accessing decks. The side setback requirement appears to be 10 feet, however, our side setback proposed is 5 feet from the property line. This is also consistent with the townhome development at 4601 Gulf Breeze Blvd. It is necessary Staff Report Page 9 to achieve the density needed but does not pose an undue burden on adjacent property owners as the front of the units do not face the side property lines. Thus, we request the 5, foot side yard setback as a variance if needed. The height of our buildings will be under 35 feet except for protrusions for antennas, solar panels plumbing stacks all as anticipated to be allowed under section 4.28.8 of the UDC. The height of the Beach Place condominiums across the alley from our site is six levels in excess of 60 feet. The rear setback appears to require a 10- foot separation; however, a 20-foot public right-of-way alley is at the back of the property line separating the development from the Breakers condominiums. Thus, we show a 5-foot setback from the alley with access to the alley for exiting the parking under the units. This is requested to increase the density and minimize the risk of developing on North Beach. A note to the issue of the 20-foot alley is that survey stakes of my property line at the alley are 17 feet from the wooden fence separating Beach Place condominiums from the alley. So, there may be an encroachment on the alley by Beach Place. The minimum building separation shown on the UDC table 4.4.3.B is 10 feet. The building separation shown between buildings 2 & 3, 4 & 5 is 10 feet. The building separation between buildings 1&2,3&4,5&6 is 8 feet. This separation is allowed by building code. The buildings as shown have no eve overhangs. The buildings will be sprinklered according to building code including indoor wet systems and outdoor dry systems. Therefore, we request the variance to building separation will meet the density needed for the risk associated with the development on North Beach. The UDC section 4.3.5.E site plan review requirements are covered in the information provided on the master site plan(s), S1 , S2 and S3. There are also labeled by use on the PDF attachments. The PDF attachment "4606 Gulf breeze elevations" are provided. However, those are to be revised in accordance with the master site plans if approved. They demonstrate the proportion of the buildings. On the master site plans, lot lines, location of buildings and setbacks are shown as discussed above. The landscaping area is indicated within the Staff Report Page 10 setback area and will be further designed according to code, with particular emphasis to highlight the development. The pool area recreational facility, signage and parking as provided is shown. In the 10 buildings there is 11 ,520 square feet of total building area. Six buildings contain over 1000 square feet and require 1 .5 parking spaces per unit or nine spaces. Two spaces for each of those units is provided totaling 12 spaces. Eight of the units are under 1000 square feet requiring 1 .25 parking spaces per unit or 8 spaces. 10 spaces are provided. One guest parking space for each five units is required by code for a total of 3 guest spaces required. Six guest spaces are provided. Two guest spaces are provided within the driveway access of the site. Four of the guest spaces are provided along the street within the 20-foot setback. If a variance for this on street parking is required, we hereby request it. The height of roof peaks will be under 35 feet however that is not indicated on the plans. The exact elevation dimensions are not indicated on the plans yet. Staff Report Page 11 P. r m 9 - M. Rio Cilia 70 ti rn_ - s2 w s r`c�rc`�Mp. .,j rkf Rae I EMU Y r i 36'-0" 14'- —Lr 1's All r— ' r n Staff Report Page 12 Departmenat least 48 hoursleinem advan"at(���.�32 0�O may coo ti 9 D y q special services,ars rw. oWed to contact Me Davebprinerit'Saerv....n - ? n irrcaonrrdodes_ave li, n-le artenra6n de asistir u eels junta,, =A,servl[aoa mlpeoates se Its Ida n V g 4 n alOftagranto Oft singai JM daArri:< nOrrigro(361182§.3 JQ . N you wish 10 address 1he Commossion dunng the meeting and your EnghO is hinted,plsase call the Deve4opment 5ervio"Department&106 V) a25.3240 at leas!48 hours in advance to wjuiest an interpreter be present dtemg ttro meeting.Si usted desea dhnlgirsa a la commission auranftjf jyn6Ujp,ri Ida es firnitego r at deenl os r t W6-3240 al nymos 48 horas aniles do Is iu,rla ps+_r tooliCj-,ar i,r, nl6rpre,te_sef p�Yenle durente 11 i CO CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezonrnp Case No. 0621-174 Date Tree Holdings, LLC, has pet-tiorieo the City of Corpus Christi to consider a change of zoning from the "RWAT" Miultifamlily AT District to the "RWATIPLID" Multifamily AT District with a Planned Unit Development not resultingrn a channe to the Future Land Use Map. The property to be. rezoned is described a& A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street, and north of E3eacn Avenin-_ The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate xrining rlaartifiratinn aridi/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be field on Wednesday, June 23, 2021. during one of the Planning Commission's regular meetings, which begins at 5:30 p.�M.,, in the C,ty Count;6 Chambers, 1201 Leopard Street. You are invited to attend taxis public hearr),,;tc express your views on this.rezoning request For more Information, please call (361)826 3240. TO BE ON RECORD, THIS FORM MUST BE FILLED OUT SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P O BOX 9277,CORPUS CHRISTI TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE., In accordance with the Planning Commission By-Laws, no discussion shall be Held by a member or members of this Commission with an applicant or appellant concerning an application or appeal„ either at home or office, or in person, by telephone call or by letter. Printed Marne: AV( [61- Address E A.v City/State (57�, ( ) IN FAVOR IN OPPOSITION Phone - . - z-b tc) REASON: Signature SFE 4UP ON REVEPSE SIDE Case No 0621.04 INFOR Case No 21ZN1020 Prod Mama Andrew D wnas Properly Owner It) 11 Email AndrrµtY2 tt2!rais, pm Staff Report Page 13 Pemons wth daabrhtles planning�to attetW this meeting,who may require special servgfis,are requested to Cordaot tt%e Devalppminl Ser =Fs Mgwtg merq at teas/48 bows rr*$soca iC gVe 826.3248 a figE rr, con innw iunt des nue tlenen la i pmendn esrs9r awl JllMa , a e riKiWilrA7!," „i�eGrr�alei.1r�a�af suotiC;a g4-e den Wino 4�M}tiire.r7eW de to toots Ilamantld>4l de{arrten+errlo tie nbmero Q61)826-3240, If you wah to address the Commrss4on during the meeting and your EngMsh is tanned,piease Cal the Develtapment Services Department at 436! 826-3240 at least 48 houcs in advanos to request an Aerpretef be present during the meeting.Si usled dews dinou9e a la cornrrri5si0rt uranle I�_ iunta y su innlfs es!MnUdo_[Ivor de Itamar al deoartamenlo do sarvicios de da8tt llo a al n(Xn2E2 WI 828-3240 Al mens N Was antes;e a soots osra_solicitar Sd! !t!t t±DS13t a9C169sltt7tA dunW11 0 junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Date Tree Holdinas.LLC, has petitioned the City of Corpus Christi to consider a change of zoning from the "IRM-AT” MultRemily AT District to the "RM-ATIPUD" MultifamilX AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as A property located at or near 4606 Gutfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue, The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commisstnn will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday June 23, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 w.m.. in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361) 826-3244. TO BE ON RECORD, THIS FORK) MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277, CORPUS CHRISTI,TEXAS 78469-9277, ANY INFORMATION PROVi0ED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by�a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by letter. Printed Name: �' C�`' � Address: City/State C_C. TQC IN FAVOR IN OPPOSITION Phone_ -� C-3 6 a [3-( REASON:: c4. \� C7 Signature SEE MAP ON REVERSE SIDE � Case No 0621.04 IN FOR Case No 21 YN 1020 ProtectF'ropert Chnner lD Protect Manage? hf+deew Dimas y Emaet&11mwp2§octexas can Staff Report Page 14 13611 I, .ray wn a wMMwM1 r+w Uuw ti4 00 *Rd r w' wr*"004% to 00 �a ae wr—410*�'r, w wan�yat"dw+l cwMM�F^f 'I.,t riw P :,. rYwrera.ra.. r i l "lJf UC Mme' 1 P N;. ' �CMI4wfl(�tfL ' 4{V1 ;�t {" II^ M4.I! lar wl y' w.` Ct e.rri_? w 1h a Plarartot! .it,a. r�^t��i�ir 'I I" Yl al r , I'-�-i �• „ r r R• IIILrw ; .e Ic I. ,,• wrat, l�l• -� '. ki a u l r �4 ..�— - A ;1lam ty I-OC210d At Of Ot-1r Ir` e, :;eJli *¢��-:a,r E4:_4ulovatid and deocnbed as Lot 4. 6, vid 8,Bkw_' 22. Hrr,:kl t ierr:<+I+al .mtcrfeg the .t u f!;r,.•r'„a• Boulevard scuttr of Guidon Stte ct,Aind rANth cwt Orscuss WWI �y r"w'+•�!a v+vcLmY _.... { e -t "•• " - "..���,.+"I You art!6f1'1f40d 1 "ej,- F. +�C..,:rew;� r"v�n;'. •..... r w r r - - Ly 1 H E "4.`,I..IRkl;..'h:7. r �. 1_j IN ITS NDTE' v wiih ihr t>l.rnnt,ng, Cammrswon ttyr taw%. no dvt%cusslusa sluxll tx, 110d by 1111, mvrrIbt r s r rtte.r+^I r e +t'r,h,%Ccxyrrt %vOn vm1h an applrtant Of Appe 4liftt C>x*r1':+?rei1l;_« ,rn apvile.wtw(l or .iVjA!a! m r)r nflicv or in person. by IeWphoric cull of by 1ti*uct f IN OPPICSiTION tl i •gip + � ,. r ' Staff Report Page 15 Persons wk, 1s planning to attend this meeting who may require spedat services,are requeeted to contact the 00yek4wrient services Deloartmeni art w.. 48 hours in advance at 13611 826.3244 �rfi4igaa car+iRrdrlacidades.sue lane to iRtengbn de mrda nue q�ryut ro 5ervici-324 G0 flea.ae les.g r�irca qui den ainso ¢8 hcuas ant®gmde w u en otc�g a elate de rrotlo.al pgttr0[361)925-3244. ii you wish to address time Commission during the msetmg and your English is limited,please call the Devetopmient Services Department at(361) iun 825-3244 at least 48 hours in advance to request an interpreter tae prewt during the meeting 5«usr�etl desep,dmgi_�e a IA Q4rr rtt8r"Wri me la inapi4s es ling— hamar al eflartamonIn de smelt oa,de da3anolla SIA d 1 WOW un ir+ts4r Tte ser rsp_nto dinar! tadutar4 to un„la. lI1RTa Gare....,-- . u a rraanoa 4 oras antes de to CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Rate Tree Holdings,LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamiliy AT district to the "RM-ATIPUD" Multifamily AT District with a Planned Unit Develo men not resulting in a change to the Future Land Use Map. The property to be rezoned is descnbed as A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8,Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification andinr gpe«cial Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved Zoning, The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday, ,Tune 23 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 Rm., in the City Council Chambers, 1201 Leopard Street You are Invited to attend this public hearing to express your views on this rezoning request. For more information, please call(361)826-3240. TO BE AND MAILED IN ITS l=N1THE OWNER(S)OFORM MUST B O ILL D OUT, SIGNED BY THE CURRENT PROPERTY DEVELOPMENT SERVICES DEPARTMENT, P O. BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discuss"ion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by'tetter. Printed Name- LI' � tom_ %f11 Address!` e�! (Z=P V -�k Q k4 _CitylState. Gr-p.,)5 ( y IN FAVOR 'f�IN OPPOSITION Phone: 13 REASON. Ltitial. ekev.5iiy `lhe^ 5"%-k Z�} Cy..� '�t7•ct),,`� Si°�h t�i � �r-�`y,r,��i' triFr•�5 rtj� �,�� �,y Signature SEE AWP ON RE'rlr0:,E 31Lt Case No D621-D4 iNF+L]R C Rise No 21ZN 1 �, Proigol Manage= Andrew pimaas Properly owner to 4 !Email ar:jrewC`+2j�gzi9><a5 W�1,m Staff Report Page 16 nersans wry. .s pwflnnp to aiiC*d lira rrmcetmg wtl0 may nMjire si +a1 ryOxi rtmcnt '` 'r revk+nsl�ed 10 CArrtad-C ihC afrYe VapfTlet"`aeNif.&5 n at k. .48 hours n advarrcp at 43&14 dA-3:401 E'•Q?:.,&+rW...19P r:-JP�a �� 5_:•; i11..+er la �riC�.�i�r tie j okr a esil-vILLY -u± jyj,.11fyn 11 SCcy n['G55 LSfjlN€o,�Ip6—C•41515.§,5[111+1A;�U 1}'"^;��i Win ( _ W:a .9, J,: d,L ..r I, �+r.. a- �' rtdfi IGG dC Sbl'J Y[y0f,„f F`a-r'w.� ._........._ ._- �u1re10 Jb1j 81fi 3a4�1. !0-0- It yO1a wish to a*4rM,!the Cariwnciis;on durArg I"r , .l ;,ui Enyl+g:h Is Irrlut,.o.pinaw cat+Ilse L;e-,,'Ir1:,rr�.'nP Servls.es Dtiyart.'n'ervn.al(Xi I 826.32441.l4 Haat 48 hours in advance to request xrr c q:reM d riny It!nc�e[my y�sl„t.9ti a.U_r,at r:e is g,r,rr aS,p^y ra•t_la urs9....Y_3Sj in lgg..rw5 tnmdd rd.'vCdr 519.IldmAr al pt}.'.. I_'=e'.�i.�.K.+.S_de f ete se ewe - St4 w:lPr t�llp.g. 1 nl!';''ra3?d:J,ill' rRI 4�'✓^•:'a3 ar+lr;s dr I�1 1' drs7 sikir4:,.dr syn.r+' rF` F`..,_._ �.„Qn.rarlt� .+rte. CITY PLANNING COMMISSION PARI.fC HEARING NOTICE Rr7rirt)rig Case No.0621.04 Date Tree Hold-gs, LLC iI,J� Pt•I.tl;:nt-d!h•.-,`1 :''Corpus Ch+isti to corsidi?'a change of zoning',-,r-the RM-AT Multifamitt�AT District to 'nic. ''RWATfPIJ D'" Il ultifamily AT District with a Planned Unit ..,. Development, v elhpmcnt, not resulting in a chane tp the Fund Lyse M ttlrt' l aap. The pruperty t.: .:r rF; A property located at or near 4606 Gulfbreeze Boulevard and described as Lot d, 6, gild 8, [sloth 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street, and oudli of Beach Avenue The Plait°Ing r"rn 5,,=".iv,7 may recommend to City Council approval or denta, or approva�of an intermediate zoning classification :3r;6or Special Permit Approval Qf a change of zoning, it inconsi•,,u It with the City a Comprehensive Plan wild also have the effect of amending the Comprehensive Plan tc r•:'flect the approved zoning The Planning Commission will conduct a public hearing for th,s rezoning 'e'Yu�st to discuss and formulate a recommendation to the City Council The public hearing w I , a"PId of WednesdaJY ung 2021, dunng one of the planning Commission's regular meetings wr*31c 1 ,-;.:i n-. i 5 30 p.rn^, rn the City Council Chambers, 1207 Leopard Street. You are invited to attend this pub, r-ic a,Ir I I t1 e,p e- s your views on this rezoning request For more information, please call (361)826,3240 TO RE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICF '• `lFPARTMENT P 0 BOX 9277,CORPUS CHRISTI, TEXAS 78469-9277. ANY INFORMATION PROV--)E [i HF 1 r) ",'PEGC)liALS PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Lawsno discussion shall be field by a member or members of this Commission with an applicant or appelLint concerning an application or appeal,either at home or office, or in person, by telephone call or by letter.. Printed Name sr-LEA! 91ZI lM S � J 0/ftv Address ' " e (5 .jf /15T j ( IN FAVOR IN OPPOSITION Phone e' , t '�ri REASON: l�•� C�4�7�-TE l�lf7� t�I,�v C- 1 S5 C'F�� P6 1 A� 1.9,`74i -k 5`4)v 4 44o Tt-)L-) �i/+V/ IN s Lam' t. !:EE mAP CW Pf-WPSE SOE ( Case No 0621-pd 44F©R Case No 21IN1020 /' Prge�ct Manager Andrew Umas Prac+crty Oi Owner IUD Email A!'-+ew"r E-p;e,.as ccm Staff Report Page 17 Persws wth dretabdkttree plannwq to attend thrg meeting who may rNude specutl serviCes, am requested tO corrtaa the Cfvelopm.ent Sefvrces Deoadr-nenl at least 40 hours n advanot at(361)82&3240 Pjjjg.". § _.nue k+ernt!n Is ontr=ncicki._ :t•_a eunRa y que reilulertfn swtvre9e e6psxale4.se fes_supYi_ vaso 48 Noris antes de sa 1unl IlamilnQ4.11 qVp#qjMtnta de se^ a+�r�._det��€ilo al 1f you wish to addrt"the ComxtiMOn during Me mMpng a A youf Englwi s lirruhd,please cat 1+r0 0evelooment Ser.�cas Departmrmt at i361) 826 3240 at least 48 hours in wNsincse to requw®t an irfterpreler bn presdnt dunrg The rneeting S usled dilw d+x#r a la wranitollon dura"A u nta y _rd_„firAj"n r-inlgoarete t?rr14mar at aLYr�I I To ales de deGamweo al r1 uT?vfgi.i �'�8Z6.3z4o al rt�}n{p+s .,. pG j,.�nies de la .. —I_ CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 6621-04 Date,,Tree Holdings,LLC. has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily AT District with a Planned Unit DevelopmeriL not resulting in a change to the Future Land Use Mao. The property to be rezoned is described as A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue. The Planning Commission may recommend to City Councri approval or denial,or approval of a,, intermediate anninrg nlaccifir-tinn anrdlnr Sfraryal Paarmit Apprnval of a rhangn orf 7.ming, if incanruwpnt wtin the City's Comprehensive Plan,will also have the effect of amending the Comprehensive Pian to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday.June 23, 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in fire City Council Chambers, 1201 Leopard Street You are invited to attend this public hearing to express your views on this rezoning request For more information, please call(361)826-3240 TO BE ON RECORD, THIS FORM MIDST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. O. BOX 9277,CORPUS CHRISTI,TEXAS 78468-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office,or in person, by telephone call or by letbst: Printed Name- Address:,)`G4 k:gle A,-,c— 3�� ( } IN FAVOR t (e{ ' ,><IN OPPOSITION REASON: " 6-0j t4lh f 4/M�,� lt^ �G�= r �� 5SRC JJ 6-40%t�llr'�11h. �+ r= f1C� dC� �iU {fc�c)rht�, vti� LL'R �tuU'nti Sig ature SEC.NW,ON r�EVLPSE SIDE Case No r*21,04 -NFO 7 C:axtr W 217.N"020 Pn4rid Uanager Andrew Okras Prr,Mrty(?wror,,D 0 Em4W Andre_wO=cglei,4da..wir Staff Report Page 18 C1 rY PLANNiNG C04filliIIISSION PUBLIC Ht A AMN t:NO rrC r RerariOngCo-,NO 0621-04 Date Tr"Holdi n gs,LLC, haq nmiltiorled the City ua f 5(;110"ist I TO a�rljriQe cA tuning b V" AT- M •Ila-, tj AT -Rm _Q41n 1)U M 0#17, jlT ",151riCl with 4_?1jnmed Unit 60 -- _St to Jhf, "RM-Al, ___RV 0f1""qt'-ny1 rekU_1km . -I!) r) r g_i!l_q chaFj_0_!_q Iliej,ity-re- Land-Usu m,',1 V-r -ejoneg IS [34E'S,j A prof-*fty foc-af-d at or noilif 4606 G4J1fbf00Z0 Boulevard and descrR*d as Lot 4, 6. and 8. Block 22. BlrccuiYn 10catvcs Along the cast side of Gulfbir"Zo Boutevard,south of Guidon Street.and"onh d Basch'Ayrrnua- T rw Pianmn;C,mission ry,,da y rec-,>r-7'end-,o C it,y Council approval of denial, of a(mr oval of an wntenr**-ate toning class-'1,,alion jn(vot SDecitj Ar)prnal of a cr).4oge of zoning It mconsniterit with the City 9 ('0mrWPhPn'C:4VA Cann, 'V& 1150 have the cllr-cltaf arren-d-rig the (;omwchcn3-#C Plan 10 r9ftZll Lhc RPVQv*d zonirki The Plannrrig Commjst:,.�n Yd.!! :Cr)Lj4,Cj a t>ut)j,c 10aling for This re,zonlN request m amc.4.jss acid a!r a r0cOmmef�01at*M TC Vic, Cl:y Coonc: The putty Meaning wil be rveld or Wednesday, 202_1 d,,r%n9 EY-le of The Pianmng Commission s regular m"tLngs which tmef)-s at 5 -10-P—M In the CAY -c,ur-,Ct1 Charrbo�rs 1201 LmpaFa Sireei You are tnwtea to attend lh,s pubf,c healmng to express yov vwws _rI 1hi i rezOnmg request For more oformsmon plea"caj(361)826,3240 - TO BE ON RE C057iWIS FORM MOST-C FILLET]'&if 9k,N Ur,-'13Y THIE"EiiRRENT PROK-14TY '=NE R t S j AND"L ED IN 17S E-4 T kRF TY TO THE DUVE L 0 PM E N T SERVICES DE PART ME N 1. P 0 SOX 9277 CORPUS CHRISTI TFKAS70469-9277 ANY 1NFQRMAT4()N PROVIDED BELOW SEC" UES IUBLIC RECORD NOTE, In accordance with the Planning Commisgoon By,Ur"�, no discusnian shall be hold by a nw-beror morrb-ors ofthle Corn n)ission with an appheani or app4iflani c.nicerrirg an appeal,eithor at hoMe or office.or in person, by telephone call or 4 lat-tiat Pnn*a Name pig -Try `7 phom ?, S7 1NFAVC)R IN OPPOSITION REASON -TV�e p(vn,-,yck -s,ie r S --t 4x> S"I -Fz-- SkJc 1,- 7v, < pru -4 f 5'tu 6 -tD sq-*ez.,e- i", Oik-'?'r conocf-ev\ -+0 Ifice V-�r LkA Soqr-e C-d- C-C 4 d'>0j' ror SEF V-AP ON F±7I(FQ-V SID4� Signature CAM 111116 act 44 JIWCACSVS� ?TZNISX pmpa moftm Aftsvw Dw4m P-AwTY Ciwb-.c' Z) 12 &mt&MV&KW0 Staff Report Page 19 o ;u .-. -9 ©m CL :3 C) Z 0 Q. m w a 10 �— rJ NJQ Lh c� 0cn — c Qs ro CD rP 1 N Y Staff Report Page 20 garcons wsh disa1Aillea pliw+nrfig to attend this meeting,who rr9Xy i+re SPKWI SeRrom,are requested to contact ttae C DepadmoM art tacit 4$hours in advance at(381)828-3240.Pim as lodes,oak b"n to triton rabra djjAg les suolio quo n avaig 44 horan n�Yj�t@ro Y�615 M If you woh to address the Cornmission during the inciting and your English is limited,plisse call Mee Developrnorit Services Departirmwo a 828-3240 at Mast 48 houts in advoom to request an Norprete+be present during Woo meeting 2-y90-qdoses di9sne a Yj eammrsslon„durance wnta v ski indg9s e9 Idmaadq {y�7f,tl@,Ik8fn8Y a4 t7 "40lnento d ? ^. n 3ts�;5 3_ � 1 8_ri�nOs�A�Poryaan11rs de la IU' D1A[$'iK111.f2trRr ;n'mtP(pr�e9�.$er�"��@nl�d fr8nte 18_uYtB. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0621-04 Date Tree Holdings, L.E.C. has L,e°,'coned the City of Carpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily_AT District with a,Planned Unit Development, not resulting in a change to the Future Land Use Map. The property to be rezoned is described as. A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Breach Avenue, The Planning Commission may recommend to City Council approval or denial,or approval of an intermediate zoning classification and/or Special Permit, Approval of q rhangt%M:nningt, if inrnncrctPnt with the City"s Comprehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday,June 23, 2021. during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information. please call(361)826.3240. TO BE ON RECORD. THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY CWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P. O. BOX 9277,CORPUS CHRISTI,TEXAS 78468-9277 ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at home or office, or in person, by telephone call or by Ietter. Printed Name," Address: ( ) IN FAVOR (V)IN OPPOSITION Phone..,' REASON: Slgnatufe SEE~ON REVERSE SIDE Caee hair M I-04 1NFOR Case Ido. 217N1020 Prot Manager Andrew 01mas Property Owner to 0 Email Anerewt72a r_.b rte+ Staff Report Page 21 taw ii"Wem, - sir cj.ryptjomNG C 7Ir►dE' C•<* w vt ,�. ITP"L � SIT t ,frr►a AT - MC4 dton e and �trd aOd A pts' i0cated �, �.a Broomy n' c y TIV 7�, x'74""" �..- � . . t w ` gqn TH, TC, ^.�Gm. E �* Rey�'� .... ,� �r�.,•.b!L.�..s ��Y�� MLOPW t tom', t tits �" t :. .. NCTE t, accordsocovAth the PR:ar�rr,rag = � ' cc an toc" :� Merrbc,T or members 01 tttr�Coby mnn�s�r��person,� mcg ep ��of < appeal, elthheir at hoc cr n �cc, iar n Z* REASON . Staff Report Page 22 �mm m CL M. rn Q Z CL z o 0 ;Fon0 CCD, �z� 7d m C� cn z Al M cD li � rf r1 d � 1 { Staff Report Page 23 > > CL m zi. m CL CL cl > X > 0 2 m (D 0 W 0 0 (n CL 'D c z cn OL Z (n cn z > w > z < 3 c Z < 3 0 CD E5 rn 0 z co (D 0 (D Z, 9L Z CD Staff Report Page 24 . r . Pe•'y.its .S;itahr,nd to a!lerd;h.g mwpe;,l'irQ.whu rray•rj,dirc-.prr;al are rt&gres'J",10-Grnja-1 the Dev"P+wr S-__O:es Department at i, +8 he^.rrs w adwan• nr.q rrM—i dk y3isErr l ' r'a.Y 4�e wv JI 13E.ta i� i 9i�4 Pyr gii'�,5._:✓.! '....:LL.�zf�.3L •. �_ la. L:.. r IR..s put..i _ 5'�rrry uvisi411 5?ai,lt3 ter,4a,U d ..i: J. .i Sia'ar-re^u_:7- -fr r•»:IfAK..de 4 It you woo Iq awrrss the Currrmrsslr?r^dllrrrlg I"NP r'je t."1[r and ru'ur Ehytah rS 4rrsd9ir,rr IQQ1W Calk the L*VekUprrro r!srrvra:ey Dtlparlr+lCrrt a[;:511 r4' -3240 at Feant 48 hojrg n aNarluo to requssl an gI0F;1f ;nr Le prt 56•a d4+try IFC rnE h slc9 6r159a tl,nm ■la nrnuryse+an dµ!�n1r� 1 Y su hots CS limr„r.Yo,lr.•nr Ae Kama,al n9 VL�t1F S1ti}:,ir7;r+ui':C di:Su-+^r�ruub do d{;�rl^..II�_fl,Ptcrntoru i3G1�8?+ri•32tQ�l rinpnAs 49 hW a�anY�;,dr la ra 5e'Atitl Yf_.57^—°1L9f �4�!,C'"p5ee�,luranlo�r�� Cl rY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No, 0621-04 Date Tree Holdings,LLC. has petitioned the City of Corpus Cnrlstl to cons,de,a change of zoning Porn the ^RM-AT" IVlllltifamiR AT District to the "RM-ATIPUD" Ntultifamily AT District with a Planned_lAnit Development, not resulting in a chane to the Future Land Use Map. The property to be rezoned is descr-b c as A property located at or near 4506 Gulfbrecze BuLilvvirrd arid de-g ribed as Lot 4, 6, and 8,Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue. The Panning Commission+'tray recviri,iiena:_::i!y Goi,rrll a:`, -;i -.,denial,or approval of an intermediate zoning classification and(or Soecial Permit. Approval of a char„ ,u^ing, if inconsistent with the City's C:or,)Prehengive Plan,witl also have the effect of amending the C. r l : ' .:I isive Plan to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a reca-rrrendat!on to the City Council. The public hearing will be held or Wednesday,.lune 23. 2021, Burin-, I, .,° the Planning Commission's regular meetings, which begins at 5:3 .m. in the City Council Ct1:a r rcr 201 Leopard Street You are invited to attend this public hearing to express your views on this rexc cirg ter ;est. For more information, please call(361)826-3240 TO BE ON RECORD. THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT,P O. BOX 9277,CORPUS CWSTl, TEXAS 78463-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal,either at homes or office, or in person, by telephone call or by tetter. Pnnted Name Address mcba. Rai ArAL un r ' 464 CitylState: ( J IN FAVOR ( IN OPPOSITION Phone: 'A% 'RS lq4l(, REASON: r yt�r a4'`s 1.,+ ^►S +► w�Iti. e�M.r •1�1.1� a ee ten w,�a Signature SEE MAPO�P'FvrA^st 5-VE iNFOfr Case Mo 21ZN1UD i talc Maraywr k,grew C1mas Pr4Re`y Oar*r 0 0 Ema! {`t_,!+",pw1 L1 C r Staff Report Page 25 Pcrsans wnn Csabllrte�;ara171n5l to irtMnd this meetiN who may require a P.GaalrnrJrtt a1 4wr 4$her-r%npec u, �' are requested 10 cr]ntJ`f t p L: 7ev+k.•4r rte,S»..a!s advance at r361y 4:6-3240 Per can p3gdjp� qua t+eren Innm Mir, de a�este untaia,a '91yrCren sertiif'�:espy-.:a�^s se..Mel"W-119"'t 1h 42 L!A_h21as A n r*de la Mill llamandc al...�gri smart.: a xcn�t_os de'7es5'a+rc3 31 rtwnero 136 tj U).6 11s4C - "you wmh to aoarrsx the Commrgsian dunrg the meeting and your English ra IlmRod.pieabe rail ft Cevekonneni Se•woe5 Department at?361; 826.3240 at eas°46 ncwrs m advance to reaues4 an rnterrinetar be preaant durrrg the r7eetlng 51 111W dafti,diMwbe a in rsslon d,rami m r�IntO Y ei rakr,nn n* aijn fay9t�lrymar a rltapar .til roar �I rnr,9 a L��6-1244 al rrlprros 46 %_7a iii,-OR In PP t��a°rr'r r(,tfaMe IA iufNf . CITY PLANNING COAfMISSION PUBLIC HEARING NOTICE ReZnriingr Case No.0671--04 e T HokH_n s LLC. has petitioned the City of Carpus Christ,to consider a change of zoning from the "RM-AT" MLjkftmitY AT District to the "RAIL-ATIPUD" Wiltifamilv AT nintript yAth @ Planned Unit Development, not resulting in a chane to the Future Land Use Map. Tt•e proper'Ly to be rezoned ,s described as. A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4,6,and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard,south of Gulden Street,and north of Beach Avenue, The Planning Commission may recommend to City Council approval or denial,or approval of ars interTledlatid Tuning classification and/or Special permit, Approval of a estrange of zoning, If inconsistent with the City s Comprehensive Plan will also have the effect of amending the Comprehensive Plart to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the Cky Council The public hearing will be held on Wednesday,Ju 23 2021, during one of the Planning Commission's regular meetings. which begins at 6.30-P.m., to the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information.please call(361)826-3240. ------------ TO BE ON RECORD, THIS FORM MUST BE FILLED OUT. SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P O BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be hold by a member or members of this Commission with an applicant or appellant concerning an applicatlan or appeal,either at home or office,or In person,by telephone call or by letter. Printed Name: Address: 2 0 a n Cityfstate: -r Tx ( ) IN FAVOR (50 IN OPPOSITION P` 71*-T 2, q c2 REASON: )rl 0-t Yt L� 4'v^'� hl K A I d � evtIi. �`e''� ap►��,�� w�� OKI a4" 1-1�) OL-V^ Voc�rlt �1�s761�c ,� . Signature `- SEE UAIP COV RE VERSE SIDE Case Nc 5r?t_34 Prwa Ceae er 7iz91tp F*rorect Lionager.Androw Drnaa Prapmrty C)Ywn�l0.tl Email��V!S' 2*GCiE KaS Cyr7 Staff Report Page 26 PUBLIC CCS III ENVI PUT FORM C ty of Corpus Christi This form is not for City Council. This form is for City Boards, Commlttecs and Commissions ONLY. Enter the name ofthe City Board, Coi—i—ittee or Cor~r~ieviori. ! a':" .. DA-E OF MEE-1N G 04123+21 NAME. .:,.. .: rY�.:;.... ADDRESS. S—A—E. F). ZIP: 74442 AGENDA 1-EM NUMBER (if applicable). ..J If no agenda item ie specified,then this will be considered a general public comment and nota public hearing. As a. home owner on Gulfbreeze and a resident of North Beach sir�ce2001, l support the Planned Unit Development proposed for46016 Gillfbreeze Blvd. North Beach is a mix of tall condos on the beach built in the 198Gs. hotels, canalfront homes on the west side of Hwy W: and several cottages on stilts alontt Gillfbreeze. I live in one of those single family homes. Since North Beach is zoned RM-AT with T meaning "tourism:"that means that hotels. townhomes: condos and singlefamily homes can be built here. This proposed 1G-unit development would be better than a hotel or a high-rise condo as the units will be long-term rental. It is very similar to the other 2 cottage developments ;gin GLllfbreeze. I welcome new development to North Beach and think Mr. Awsumb's PUD will fit in we II here. Staff Report Page 27 tam pumntl19 to atlew me nmCc-ing, N'rl.C1 mfr 1'MI�Yra x{%�`=>al AR^,CaRA.ax it"04%1aziad to ccMIKY It*10"' Ormpmt Sam me w O-bla st least 118 hours n advaoaa at 3611}025 3240 Pets,las-an nea3:Lxlaees.4lje.t**nen to inq+gn ._do aaMfir a*%ta,unlip y,MR regu arerl slrl/aon4 asaxck✓ _w_..i icr qua COMM <B hares a�3g o...a un'I, _th,'tm neo a1.,dgrs+tannenSa..gP eervuo�f1e ie�®�at�'I.JI 0f02%-,L361]826.3240 11 you**h 10 ad m$,*the Corrama)S-uf+dunn,A 1he muting arad r�aur CngWi m betted.nAe&W rail d1@ Deveon-enl Svwes Depnrtmene at 1361) 026. 240 al Wast 46 no,lre n advance t r@gaflEt an,ntergreter be PMS"I dUnrg the Treating RMin�i NMI Y Sw Mal@*eas I.Mnpdo fW.Gr do 17amar al aVar107ent0 me SC VIC4"t JG drFancaa 411'+fir VWL3 1 25-32411 8;ITOM&48 horaa antes de,� iunla Fara SobC113r Lg,nWfG'eVe i4f NO.AMC�FE 4LM8�11r3 ta..111'nla CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Cara No. 0621-04 Dass Tree Holdinos,LLC.has peMtoned the City of Corpus Christi to consider a change of zoning From the "RM-AT' Multifamily AT District to the "RM-AT/PLID" Multifamily AT District with a Planned Unit DeYelownent, not resulting in a change to the Future Land Use Map. The property to be rezoned 16 described as A property located at or near 4606 Gulfbr". 2e Boulevard and described as Lot 4,6, and B. Block 22, Brooklyn, located along the east side of Gulibreeze Boulevard, south of Gulden Street,and north of Beach Avenue, The Planning Comn:Isstan r lay recommend to City Council approval or devial, x approval of an intermediate ?nnirvj a laicairratinn arrtr:sr Rriewial Pwrmit Apprn al of A rttian(jo of rnntng, if inconsistent with the City's Comprehensive Plar-, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning The Planning Commission will conduct a public hearing for this rezoning request to discuiss and formulate a recommendation to the City Council. The public hearing wO(be held on Vlledneeday.June 211. 2021, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Coluncii Chambers, 1201 Leopard Street. You are Invited to attend this public hearing to express your views on th,s rezoning request for more information,please call(361)876-3240 TO BE ON RECORD, THIS FORM MUST BE FILLED OUT, SIGNED BY THF rt)PRFNT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT ` l .` :, ' I I l"IC NT, P O BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATK)h4 I HJ,lUt'.J etl_�,)'%dECOMES PUBLIC RECORD MCYTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or riembors of this Commission with an appflcant or appellant concerning an application or appeal,either at home or office,or in person, by telephone call or by letter. Printed Name . '.l Address_/ City/Staps: r { } IN FAVOR IN OPPOSITION Phone: � ��"� t- REASON Signature SEE MAP CW FWYEASE SOE Cow No WI-[M INFOR Cane No 21 TNT 020 Clr-r-A Manager Andrew 03 6* prtaperty Owner 10 0 L-wl rgndt@aRR22 r:ueaeas, rn Staff Report Page 28 � .1hrBs plinnng ko attend this rne0trng, who may requme sWW, 13pnitm .._ 48 hwm in advanoe at 1361y 926-3240pglsgRBs rap�n rr liner:7 ion.: N MEM.bEMd4 ou*Oa" $0 4M SOVICS 4ue derl a'91s4 49"Ms AM6 2e .s '}Jm0 13811 BSE-3244 - •.•- ... . If You Wsh t4 addrsaa the Commis+on during the meeting and your English is Irri"d pirase call!hr Dcveeiopfrent.Sc :. . .. 028.7240 al least a9 hours-n advance to request an ntenpretar be pmont during 1He Meeting $I usidd drrana GI"Iapise o, e tarday w nnQgy sei llrn itado,18wr de 11amof at dgt fitUm iko vir wrelims ft_d"a'rob:;a,nympra CMU 829 'r4i r ,i5 dtl rly.lS tot d@.a Wta,Paris i f-ort 1rA*M!t$t4.8EJic"O4le dutarrte Ig junta CITY PLANNING COAWISSIQN PUBLIC HEARING NOTICE Rezoning Case No, 0621-04 Date Tree HoIdir►4 s LLC,has petitioned the City of Corpus Christi to Cc•s ider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATfPUD" Multifamily AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map. T"I(s F ec)pµr`y to be rezoned rs cesc,lbed as A property located at or near 4606 Gutfbreeze Boulevard and described as Lot 4,6,and 8,Block 22, Brooklyn,located along the east side of Gulfbreeze Boulevard.south of Gulden Street,and north of Beach Avenu€t. The Planning Commission may recommend to City Council approval or denial or approval of an intermediate zoning classification an for Special Permit. Approval of a change of zoning, it inconsistent with the C ty s Comprehensive Flan will also have the effect of amending the Comprehensive Plan to reflect the appr;;vcc zoning The Planning Commission Will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council The public hearing will be held on Wednesday,June 23. 2021, during one of trite Planning Commission's regular meetings, which begins at 5:30 p . .m. in the City CounO Chamoers 1201 Leopard Street, You are invited to attend this public hearing tc express your views on this rezoning request. For more information,please call(361)826.3240. T0 BE ON RECORD THIS FiJRfA M;JST BE FILLED OUT, S!GNED BY THE CURRENT PROPERTY CINANER(S)AND MAILED IN ITS ENTIRETY TO THE OEVELC)PMENT SERVICES DEPARTME=NT. P 0 BOX 9277,CORPUS CHRISTI,TEXAS 784$9 9277 ANY INE-)Rf!" TION PROVIDED BELOW--?ECOMES PUBLIC RECORD NOTE. In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal either at home or office.or in person,by telephone call or by tetter, � f:;,r.,� .. --•e``y$.'w" C�'�. '"eaw.wl..raQr7 ,,,� _.. ..-. 1 Printed Name: a7 r+'1i' � �l.a.�.s.�'t lam...�..1' d3.1.."c..,A['.44�I.. d Address. � 4 ,,. ,r ,r' r / z CitylStt►te , _ ( ) IN FAVOR �IN OPPOSITION Rhone: REASON n C:; ?y.l ae sr �.-, ,rr,r'. ,.t.: r �/r„�,;,,4,y @.i c''.,./L,j,S'o.:1-s� Ixr..+'i�"' 'rc[r.'r•*.If'v.Sc Cr>✓'1Ja frC�t �..r„� . .r. a .7.f5 G*C-Cc-s r � � r�uA -Signature,, SEE-WAH(A RE VEf7S£SeDE _ Case No 06.21-04 INFOR C:aw,Nita 21'LNA�2L1 .. '•,.. •Manager Andraw D"s Property Owner Ir) 0 r +.. -�tix",� . ' - . �.►�.., xn�;�!LLu®e:asci Staff Report Page 29 ,,STED DESEA ATENDER ESTA JUNTA Y DIRIGIRSE A LA COMISION Y 5U INGLES E5 LIMITa ,ALGUIEN ESTARA PRESENTE PARA AYUDARLE A INTERPRETAR. PARA MAS INFORMACION.FAVOR D►: LLAMAR A LA OF'ICINA DEL SECRETARIO DE LA CIUDAD AL NUMERO(3611826-3105, PERSONS WITH DISABILITIES PLANNING TO ATTEND THIS MEETING, WHO MAY REQUIRE SPECIAL SERVICES, ARE REQUESTED TO CONTACT THE CITY SECRETARY'S OFFICE AT LEAST 48 HOURS IN ADVANCE AT(361)826.3105. PERSONAS CON INCAPACIDADES, gUEWrENTAN ATENrJER ESTr1 JUNTA YQLJrrmR 1UIERENSERVICIDS ESPECrALES S SUPLICA f1E l7EN AVISO 48 HO�RAS ANTES DE LA &NTA L+LAMANDO ALA OFICINA DEL AL RIC1 nl LA clup�.1�AL NC MER 3 11826.3105, RECEIVELY CITY COUNCIL AUG 1 1 2Il2l 1 PUBLIC HEARING NOTICE Rezoning Case No. 0624-04 Data Tree Holdings, LLC.has petitioned the City of Corpus Christi -Lr, ce_r : ori rilii,� from the "RM-AT" Multifamily AT Distric to the"RWATIPUD"' Multifamily AT District with a Planned Unit Development, not, resulting in a change to the Future Land Use Map. The property to be rezoned is described as. A property located at or clear 4606 Giulfbroe ze Boulevard and described as Lot 4, 6, and 8, Block 22, Brooklyn, located along the east side of Gulfbreeze Boulevard, south of Gulden Street,and north of Beach Avenue. The City of Corpus Christi Planning Commission has recommended approval of the change of zoning-The City Council may recommend Cather intefrrrediate zoning classifications and/or Special Permits, Approval of a change of zoning. if inconsistent with the Flan CC, will also have the effect of amending Plan CC to reflect the approved zoning, The City Council will conduct a public hearing to discuss and act on this rezoning request on Tuesday, August 17, 2021,during one of its regular meetings,which begins at 11:30 a.m. The hearing will be held in the City Council Chambers. 12011 Leopard Street You are invited to attend this public hearing to express your views on this rezoning For more information please call 13611 826.3105 TO BE ON RECORD, THIS FORM MUS f BE FILLED OUT, SIGNED BY CURRENT PROPERTY OWNER{S1, AND MAILED IN ITS ENTIRETY TO THE CITY SECRETARY'S OFFICE P O. BOK 9277 CC)RPUS CHRISTI, TEXAS 78469-9277 ANY INFORMATION PROVIDED BELOW NAMFTc" tlth8 . i lea se PnnI ADDRES C"v PHC7NF N(7 IN FAVOR > IN OPPOSITION REASON& 4tt�� _. Si1nature SEEuAPoivF.=kc�:" INPOR No z+.zni*�20 Prnpelrt Owrau ID Ci F r,,c:1',t:rn.ayri'r i..r.,w_•iris Staff Report Page 30 Peirsons with disuitiflibeis planrong to aftwid this rnesting,who may*quireqpq �to oontaid the Oevebpmarit Ssirwom s;*(*1 a r uestL. Peparl,"ent at laa94 48 hours in a-I'varice,at(361)826-3240.ftVL, qpMLj2L_0r,Ap _,_ior,de d31 a esta iurate V gue requierel SeNICAn'A k*violics due den aviso 48 hotas antes Je ;i jvnW iliirnandr at departamenia da mww—im as dMirraft.w ncitn�,tk X3240. N you wish to address the Cornrrussan during the meeting arta your English*!ErnitiW,piease c,-)Il the Dev*iopment Seroces Department at;'161) 826-3240 at WuM 48 hours Fri advance to-epees.an interpreter be xet-1 ourinq t?)e,movinq Si in mrw u 0 -e.0 ns_V,n ewa dhnalrl iEM y Su irig.,ts as 1lm4adc.tava(de nArrqir HI .,.qt wry1ciDs ue desayAo W M60MQ(NjjjjL-MjQ jai rrenoRAQ_hcras anl.�q;de Ia C/TY PLANNING COMMISSION PUBLIC HEARING NOME Rezoning Case No. 0621-04 Date Tree Holdings, LLC.has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-AT" Multifamily AT District to the "RM-ATIPUD" Multifamily AT District with a Planned Unit Development, not resulting in a change to the Future Land Use Map, The property to be rezoned is descnbed as- A property located at or near 4606 Gulfbreeze Boulevard and described as Lot 4, 6.and 8,Block 22, Brooklyn,located along the east side of 0 uffbreeze Boulevard,south of Gulden Street and north of Beach Aveiiuv. The Planning Commission may recommend to City Council approval or denial.or approval of an intermediate zoning classification and/or Special Permit. Approval of a orange of zoning, if inconsistent with the City's ComWehensive Plan,will also have the effect of amending the Comprehensive Plan to reflect the approved zoning- The Planning Commission will conduct a public hearing for this rezorinq request to discuss and formulate a rucommendazion to the City Council. The public hearing will be held on Wednesday, June 23, 222t during one of the Planning Commission's regular meetings, which begins at 5_;_30 p.m. in the City Council Chambers, 1201 Leopard Street- You are invited Itc attend this punka hearing to express your views on this rezoning request-For more informator. please call (361)826-3240 TO BE ON RECORD- THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN 11 S ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT P 0 BOX 9277,CORPUS CHRISTI,TEXAS 78469-9277. ANY INFORMATION PROVIDED BELOW BEGOMES PUBLIC RECORD NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application of appeal, either at home or office, or in person,by telephone call or by letter, —�IA /T Al Printed Name- C HP;7/�' �- 6AI�*ICAC'& S A"--p 0 tJWfly)P 9 � 4610 &III-Pi5k6eZ.6 Aw/p) Address-, 42-fe City/State: rAAOG W&t:ff ZJX J-1,-7 IN FAVOR IN OPPOSITION Phone. 7, - REASON: wwK w4?vow-r40.,T15 c NQS - rkmy/EA,6-1,ec C-P— (kc, 0 'or- fi?vm trey r SEE MAP ON REVERSE SIDE C r) Fps Case No D621 04 INFOR Case No:21 ZN 10201 Project Manager Andrew Dimas Property owner ED 12 61filuil V&i'75 Erriall.Andrv*02ae(.LTA&bur, Zoning Case #0321 -01 Date Tree Holdings, LLC. Rezoning for a Property at 4606 Gulfbreeze Boulevard From "RM-AT" To "RM-AT/PUD" rho bJect Prof Y Vicinity Map City Council August 17, 2021 Aerial Overview ".W, i4 � } � PROPERTY. er Hq�FSST 2 Zoning Pattern and Adjacent Development IF 4�- . • N � � T ���� AAP) H-110p �o� oo 1001 gp CH4 t 900 SUBJECT 0 00 PROPERTY C�a�9 a� Was �s 007 0 � �q J b@��® G3G�1 Q4 M7 � 10671 Bay 3 Public Notification 57 Notices mailed inside 200' buffer , N 4 Notices mailed outside 200' buffer 'o Notification Area ® A� Opposed: 24 (18.30%) F °<aFti SUBJECT Separate Opposed Owners: 17 sT PROPERTY Q4 RFFF ,O _ r�Q In Favor: 0 (0.00%) H'qb F Notified property owner's land in square feet /Total square footage of all property in the notification area Percentage of public opposition PUD Deviations Minimum RM-AT"District . District ProposedDimensions Standards Standards 18 du/ac N/A 31 du/ac Yes • 5,000 sf. 1,600 sf. 704 sf. Yes Min.Open 25% 30% 26% No Space Minimum Lot 50 ft. 16 ft. 16 ft. Yes Width I 20 ft. 10 ft. 5 ft. Yes Street Yard 10 ft. 10 ft. 10 ft. No (Corner) I 5 ft. 0 ft. 5 ft. No 5 ft. 5 ft. 5 ft. No Parking 1.5/unit(1 bedroom) 1.5/unit(1 bedroom) 2/unit(2 bedroom) 2/unit(2 bedroom) 1.5/unit No Requirement 1/5 units(guests) 1/5 units(guests) 1/5 units(guests) Master Site Plan ALLEY -- - ALS ---- ,� r eu rec .oMa� wew::et.r .a.um..:• - Eft 0 0 o a k& Mod • Plan was heard and approved by Tax Increment Reinvestment Zone (TIRZ) # 4 1� ff �— ::,s _ T1 I 200 e.L .T _. Y— �. �� LAS CA51 s DEL MAR 4606 GUREE&BLw .iuxxu�kw Al dul cin;;"U—) 6 Planning Commission and Staff Recommendation Approval with conditions: 1. Planned Unit Development Guidelines and Master Site Plan: The Owners shall develop the Property in accordance with the Las Casitas del Mar Development (PUD) Guidelines and Master Site Plan and the satisfaction of all Technical Review Committee (TRC) requirements. 2. Pedestrian Access: Sidewalks shall be provided along the frontage of the subject property shared with Gulf Breeze Boulevard in accordance with the Unified Development Code (UDC). 3. Private Solid Waste: A formal request must be made to the Solid Waste Department of the City to exempt the subject property from public refuse collection. 4. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 5. Time Limit: An approved development plan shall expire 24 months after the date that the development plan was approved, unless a complete building permit application has been submitted or, if no building permit is required, a certificate of occupancy has been issued. Utilities N tWater: 8-inch C900 Wastewater: 8-inch PVC '���� ti pG30O pC�Q 8 Gas: 2-inch line Storm Water: 54-inch line 4 Q kp� y � . 'S'gi,F r •. s , ti IIS RFF� q�F , m� AMY, ,. W /4 ry � r „ 44 qcy r q L F Dare Creared:6Ii0/2021 500" Prepared 8y:JeremyM Deparrmen[ofDeveropmen[,Serv, es CASE: 0621-04 Aerial with Subject Property 9� Subject FPc9 Property a' SUBJECT PROPERTY s T Sources: Esri, HERE,Gar wr Intermap, INCREMENT P, Esri Japan, METI, Esri Ch Cit of _ Kong), Esri Korea, Esri(T Corpus O LCATION MAP 0D NGCC,(c)OpenStreetMa Christi so �o o� A P v AGENDA MEMORANDUM µoRPORPg4 Public Hearing & First Reading Ordinance for the City Council Meeting 08/17/21 1852 Second Reading Ordinance for the City Council Meeting 08/24/21 DATE: June 30, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 6002 Greenwood Drive CAPTION: Zoning Case No. 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single- Family 4.5 District. SUMMARY: The purpose of the rezoning request is to allow for the construction of a single-family residential subdivision. BACKGROUND AND FINDINGS: The subject property is 33 acres in size. The applicant is proposing a single-family residential subdivision consisting of approximately 200 units. The subject property is currently zoned "RS-6" Single-Family 6 District, consists of vacant land, and has remained since annexation in 1962. To the north is a is a single-family residential subdivision (Saratoga Downs Unit 3; 2020) zoned to the "RS-4.5" Single-Family 4.5 District. To the south are vacant properties, businesses, and single-family residences zoned "RS-6" Single-Family 6 District and "IL" Light Industrial District, respectively. To the east are vacant properties zoned "IL" Light Industrial District. To the west is a single-family residential subdivision (Saratoga Downs Unit 1-13; 1982) zoned "RS-6" Single- Family 6 District. Conformity to City Policy The subject property is located within the boundaries of the Westside Area Development Plan (ADP) and is planned for a medium density residential use. The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon the adjacent properties.Two proposed "Cl" Minor Collector Streets border and cross through the subject property. As part of the platting process, the developer will be responsible for constructing and installing public improvements. Public improvements include road construction and must be completed and accepted by the City prior to the recording of the plat and the issuance of residential building permits. The developer has the option to request an amendment to the Urban Transportation Plan. The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Public Input Process Number of Notices Mailed 79 within 200-foot notification area 4 outside notification area As of June 30, 2021: I n Favor In Opposition 0 inside notification area 5 inside notification area 0 outside notification area 0 outside notification area Totaling 2.45% of the 200-foot notification area* is in opposition. "Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom.The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area=Percentage of public opposition Commission Recommendation ALTERNATIVES: 1. Denial of the zoning to the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the zoning to the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District on June 23, 2021. Vote Count: For: 7 Opposed: 0 Absent: 1 Abstai ned: 1 Staff recommends approval of the zoning request. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0621-05, MVR Construction Company: (District 3) Ordinance rezoning property at or near 6002 Greenwood Drive from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as a 33.01 Acre Zoning Tract, situated in Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map Records of Nueces County, Texas, and being a portion of a 34.96 Acre Tract, as described in a Correction Affidavit as to General Warranty Deed from Zeba, LLC to MVR Construction Company, recorded in Document No. 2021014902, said Official Public Records, as shown in Exhibit "A": from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District The subject property is located at or near 6002 Greenwood Drive. Exhibit A, which is the Metes and Bounds of the subject property with an associated map attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 6 Exhibit A URBAN ILLf— %C,INEEH;TtiG ?u21 F hibit A 33.01 :•r c ry t I•I .I 't !tl 1'9. M'ie Idlrrrre• I I ract., I : '.,1 ill I of 6. kec' 'r• 7 f1:' fc, I..I d.• `.�i,i., "I ,. 1 1 'o I.I"I. 1, P lckr 1�' " . 1, h::k.ortk tit-Nttt'o:",. I .ur:,l'. 1wt, .' I :t it a }•l 'r' I. Ir:: „, I' .! .. ion Afflidar.it a� n t,r~Icral W,,irmwy leen I1.1m I, . [''I. r. . n I...,.' d"d ill lht4ul11ett1 No,l:[1 Ir14902,said(Micial I' I1)1i4; I,l I ',arla dC;cubed IA 11111L ..and hounds as Ifr,;itarrin; 1- `' 1 I. 1 1;; .I 1 L •I. I t. N'oldl%tiesl houndary line ut'a 68.317 here I race,. .11-.L: •I :.-I� ":] '.I;1 '. "-11":r .Lc :.1.4tnL:ot�Cardo Inc. vvilh Parcel IU No. 197921 r 'I ax y 1 .1 11.:; 1 1 r ''.I :',.I I!m AillWilmll 11r,nict, briny the cornrtlou canner tri Lots 3, -4 II'U dr,trl LIIC ".L.1 `r_CII"•:I .- 1: l'.-I I I'.LL '1 an LMLIC-I:Iop4'd r4Yld%%,a%.as 5hL%r it on rdcd plat vi 4 Ir ,.•1 '•.F . II decd in l,ll rr C?7, Page 9.3.trl'the.aid Map li,r the`�L'I.1•:I I,..: `I utd thk 1 Th enee,N'tu•I'r":l II '' - :.• tlt the' ..I, :.rwt 1+:*.I Lu n. l�r C7 I'cet.toal$'inch �•.:.I:t pla!slic :•.I , .tl ,.••I tiy: `'.! '.:1'! �I i "..,+r "1'•.I, I mind, 011 111e. Nurlllctst I S', .,I I'laee,41 1 I I Ic'LI It tirtl 11. 't Llt,n n .I: - 1`I C.r 1 l ,l' 1:., 1. 111c w-rier•.tl .i 4' Nr situated to LA),t ...�...i. 1'.. "tt:l: 4, 1.., 1 „ ..:. .. I :r' •.1 l ,- -.,.. Ir- , .1 IJ11C :. r. I''L .' 1 • '.IIT.. I1. - - .:I,.I nl _ 1 i..__ �:L__ I1' ,_". li a'�.-"rr➢, "j 11•', " Y'..: i, I1 11 , rlydcr II'. n I. . I Sar;rl, }•: I rh I'.. _.r1 (I I .'i 'j ax r_t.bh}'7-tp[14r]..'�rc Ilse ll%C• It,,t ui [lie ;,I •.t ; • 1_Ic I rl�w ,,na •Ili- ,+. I hCrItL, "o,:'171('4T4I" I'.rt5l., 11 it1:'1 1Inti Ji 11:L •.:r<I':}x I- ,Ir rme L.the I.n: . ikbaid 34.46 iliac1" _o 1. 7 -1 1:• ,' x+''.r`'.' Ino Ir h•."•n It ;•.'I li 1wR ,1N1) W i;Lsfl LN6INL KIN4i I,1111101. ltrr ,t ccrrnct'ill tl:e salt i4.t111 AL'it: I: m :a.d I.I .rapt: Thrace. r,:llll R(r°4;fl )I 1'am, ty ich the corrrn'.tm houndan litre of the Said 0.8.76 Acre Tract and ,I I r I r, .1 I ., 1, ' ` I I. Ir Irvin Kod %%ith plastic cap ,1_ 11,1.. t +*ti . "I) .I a C4)irtCr 411 a1" •nitl of the said 0.8715 Acm I w". Ilrc ,laid .14.'>6 phi art' °1" '1 `ti tla'�7"1;,,t.ctrlttirrttstltr w th ih4`c4>ntt>rtrt�hxrut7cl,lr� iinc dmf lhc,rtid il.}t"?tr,lore I .1. .. i flit :.W i)f, Acre Fact. 113.51) lent. to ,1 5,8 luvh from Rod taith t-cd plutitic crap -toured I I? s '•.ti 1 \•:l' r I V' tied, heing. .a ctrinn'-tln sinner O I,ntittp I rut( W. rtw dt:Nk: ihcd in Zoning h.lrrlauce l"-1' .1 1 �"-ptcnthcr"_tt. 1994' the said 1070 Acre l i-act and the. said.,4•1)h ,fere 1 Tact•-or 4 ti4ine.nr I"I�,t irl�i ZOrynur ,11 1'1 VI 11 Z't•Ir l W r.';.N l?I 4+Iha'Irr1../twuw ;I'r?Ia)'.41 y 1 aa,a Pape I,+t2 07 I lt'1 I;7' It,"1 +101 272';'OA ANI'NL.IR l)!( •CORPt1S OMIS11,Tl XV,7;i 101 1 a\Oti U l-$p11111 . :.., ur h.yrxa'111—111 I3Vi I fni� 9.4 111I'I S I rrm is 10032400 Page 4 of 6 I coI1 I et 4Lot 2, 111,wk i. Saratoga Do%was ['nit IIA, a mop tit't%IncIi is Iec,olcled in VoIuem!4K, fates 17a',-177.sal-Ilic said wl.alt kccurtls.and this I rac•1- tium Whence u I Inch Iron Vibe•FOLMLI,coil the Conmron 1x 114.11trn lint.00he acid BI(Wk 5 attd Ilac said 34.94:'acre I ract" bwrs Nor Ih 28'OY�7" 1 ast,04.71 1'cet; 'Thence.South 46'ti6'17"'l ail.ower:tnd.r rorss the soil 4 1)0 :here• TTacl .rail COW irming +%ith the Soulla ixmndary I[ne of rhe said/mIllip I Tact %V- 147.33 Feet,tear a coater of this I ract: 'Tbenev. \m tit SM:IX'47"- Past,worn IIMIIV c%I'll the StAlth lxaI[III& ) Iilu Lit 111e saaid/0111111� I I-ACI W. 473 59 Feet Ix, Ilio Southwwcst Kaautdur% line o}Block 2. '4ar,Ito .a Dom w; I Init 3. ac map of which is mwi-led in Volume 01t.. Pages 47y-4iO.oll the said %bp Records, isrr Ilse North corner of this I r:au:t; 1 helico. South 01-i2,12,, l .tst, %0h the r;omnx>n WundarN lime tot'the stnci liloA 2. S:aralaop C)amjis I 1110 Z. '80.46 Fcct_to a w'X Inch Iron kod kith red Clastic cap-S•tamlxd"I RBAN l-N(ilt CC I\" y,•r ,,rl Iliw owmtm hc:Jwularw 11114 rol,ltte%aid I.k9s, s alld 0,01 1110 Satid Ser:Liam 7,the Norilmesl howidan I MC .11 ltic ,,id GR.±17 Acre I rac[, lOr the'E-aq corner ol'the said 3-196 :lore l Tact and this I r,Ict: I hence. South 28-W;2" % esl,. ;with the common houndarN lin,:• tot the sncl I ots 3 stud t,. of the. said.Section 7.the NortTnwcst bouillon hTic of the sAd 68.317 Acrc'i'rtact.the Southeas( bound.w, kne of the %aid 496 Acre-.,at 47.7's Feet lass, a X lack Inert Rod swath lslrrstrc cap stantlud "11:1SS ANT) 1Vl i Y I E:NGINE_LLRING— Found. in all 1018.46 Fect. to Ilio Point of Beginning aatd containing 33,01 A,rs--11.43fi,04S Sy. Ft.l sot land, more tit leKs. Grad liearivip and PiStartccS Shovm hereon are rcicrr:nced to the 1'rr t;ts fete itvar tie.Sleet or 1993,'Pexas Somlt/one 4101 ;and:are bawd on the Noath Arnericaa Ilatrtrta Of 199312011 I l:l>nch 201H tH'a. I!nlco+ this lielclnote.s descriFJtimi. inchathmV. preamble, seal mW ,igri.ure. .pp(:arrs in it_s entirety, in ils ori tin.rl titaim scIF%,CN or assumes no tcslxtrrs[hiht) JOr Its accur4rcy.;Id.+ta Jc/ervewe m-c•romptirtving.4-e h rJf 11trt't r7c'.srrrha^r111a'reioa �R��c�cs�EREa 4'r L 3 AN E'L'�UI Ci dAH4E5 pAVt[3 t;.11'RR° 9�r�j g�j d t L. .cnse No.6458 fir.. . r, l+ I -! arra�tVlllc.l t11 IIS VCIIarJllpst[)S-FN 49160102 %owing 20210517[krtyr';i_ 24112 I lo'F'1361)x ! I '.'r' 41�X11 of lc tl W. x a r1tPt15 r It}t15T1.'I't LX A,,78•11).1 FAX 1.30 IS'1-d.IHi I I Isl"I 1 iron 11"s I1$1"1 1 Leat " IfM16'.'.D11 Page 5 of 6 Saratoga Downs Unit IB Vol. 47, Pgs- 141-147, M.R.N.C.T. 0 a n 3+ m On o N28'3T41"E 574.74') �Q _- a Y' ,n 4- rr j' - Saratoga Downs Unit IIA Vol. LF Ags- 176-177,5. . N o KZI mao =.i.iE 11 2.,- am' I-• . S ° yr t E. a c osv a °n j <11 , o c V \L ..-.an n•• oN n e \�,, `�� �i9. nim �n� - 4 a m °_ T za CO n .o jWM __U E. l , I 1,50 Acres out of Lot 5, Section 7 ° Bohemian Colony Lands Z ~'c w Vol. A, Pg. 48, �-z— ....... a— .R.N.C.T. ' M � Black 4 .t W Saratoga Place z t N Vol. 28, Pg. 16• 4 p M.R.N.C.T. i _5'11.E_ —,9'I-E. o LA N mz YR, E (940 B7-) I 97.75' AAOrtf11 St. y o ° S2838'32"W 1038.46' y�+Tarn z 0b 2�• z'?z 68es .317 Acr &RA �• J ;{ n➢,v o oat of Lo's S and 4. section 7 z Boh,n•iur :'Icr Lards �a >; m ° n 3 0 Map P,7,1:j Texas o ! a do "h 'Ti, I _ �y._� �� n i i nI ... Ir: furn wq z o m w ti Itis .i -PLi ii it -rirr) �N j n $ ou�+az s - n e. m ooyrnmaa ° zmr=1 0 0 ■ • i 4 aR,. 0 -P11� a- �3fl p _ 43 Qa o x p. r+i��N�b .- Pr - - w3a ♦an a N n Page 6 of 6 PLANNING COMMISSION FINAL REPORT Case No. 0621-05 INFOR No. 21ZN1018 Planning Commission Hearing Date: June 23, 2021 Owner: MVR Construction Company C Applicant: Urban Engineering a Location Address: 6002 Greenwood Drive Legal Description: 33.01 Acre Zoning Tract, situated in Lot 6, Section 7, Bohemian Colony Lands, a map of which is recorded in Volume A, Page 48, Map a o Records of Nueces County, Texas, and being a portion of a 34.96 Acre Tract, as Qdescribed in a Correction Affidavit as to General Warranty Deed from Zeba, LLC a� J to MVR Construction Company, recorded in Document No. 2021014902, said Official Public Records, located along the west side of Martin Street, south of Holly Road, and east of Greenwood Drive. From: "RS-6" Single-Family 6 District To: "RS-4.5" Single-Family 4.5 District 'Es Area: 33 acres N Purpose of Request: To allow for the construction of a single-family residential subdivision. Existing Zoning District Existing Future Land Use Land Use Site "RS-6" Single-Family 6 District Vacant Medium Density Residential .E ? North "RS-4.5" Single-Family 4.5 District Low Density Medium Density Residential Residential 0 N "RS-6" Single-Family 6 District Vacant and r J South and "IL" Light Industrial District Light Industrial Light Industrial TMedium Density w East "IL" Light Industrial District Vacant Residential West "RS-6" Single-Family 6 District Low Density Medium Density Residential Residential 06 Area Development Plan: The subject property is located within the boundaries 0- of the Westside Area Development Plan and is planned for a medium density M -residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District a o is consistent with the adopted Comprehensive Plan (Plan CC). Q City Council District: 3 Zoning Violations: None Staff Report Page 2 o Transportation and Circulation: The subject property has approximately 1 ,000 feet of street frontage along Martin Street which is designated as a "Cl" Minor o Collector Street and approximately 1 ,500 feet of street frontage along Lands Road which is also designated as a "C1" Minor Collector Street. According to the = Urban Transportation Plan, "Cl" Minor Collector Streets can convey a capacity ca between 1 ,000 and 3,000 Average Daily Trips (ADT). Street Urban Transportation Plan Proposed Existing Traffic Type Section Section Volume Martin60' ROW Not }' O Street "Cl Minor Collector Street 40' paved Not Built Available Lands "C1" Minor Collector Street 60 ROW Not Built Not Road 40' paved Available Staff Summary: Development Plan: The subject property is 33 acres in size. The applicant is proposing a single-family residential subdivision consisting of approximately 200 units. Existing Land Uses & Zoning: The subject property is currently zoned "RS-6" Single- Family 6 District, consists of vacant land, and has remained since annexation in 1962. To the north is a is a single-family residential subdivision (Saratoga Downs Unit 3; 2020) zoned to the "RS-4.5" Single-Family 4.5 District. To the south are vacant properties, businesses, and single-family residences zoned "RS-6" Single-Family 6 District and "IL" Light Industrial District, respectively. To the east are vacant properties zoned "IL" Light Industrial District. To the west is a single-family residential subdivision (Saratoga Downs Unit 1-B; 1982) zoned "RS-6" Single-Family 6 District. AICUZ: The subject property is not located in one of the Navy's Air Installation Compatibility Use Zones (AICUZ). However, the subject property is located adjacent and bordering to the west of Accident Potential Zone 2 (APZ-2) of the Air Installation Compatibility Use Zone (AICUZ). Plat Status: The property is not platted. Utilities: Water: 8-inch C900 line located at Martin Street. Wastewater: 8-inch PVC line located at Martin Street. Gas: 2-inch Service Line located at Lands Road. Storm Water: Drainage ditch through center of property. Plan CC & Area Development Plan Consistency: The subject property is located within the boundaries of the Westside Area Development Plan and is planned for a medium density residential use. The proposed rezoning to the "RS-4.5" Single-Family 4.5 District is consistent with the adopted Comprehensive Plan (Plan CC). The following policies should be considered: Staff Report Page 3 • Support programs to encourage infill development and rehabilitate housing stock in established neighborhoods. (Housing and Neighborhoods Policy Statement 7). • Encourage the protection and enhancement of residential neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage orderly growth of new residential, commercial, and industrial areas (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use (Future Land Use, Zoning, and Urban Design Policy Statement 1). • Encourage residential infill development on vacant lots within or adjacent to existing neighborhoods. (Future Land Use, Zoning, and Urban Design Policy Statement 3). Department Comments: • The proposed rezoning is consistent with the adopted Comprehensive Plan (Plan CC), compatible with the adjoining properties, and does not have a negative impact upon adjacent properties. • Two proposed "Cl" Minor Collector Streets border and cross through the subject property. As part of the platting process, the developer will be responsible for constructing and installing public improvements. Public improvements include road construction and must be completed and accepted by the City prior to the recording of the plat and the issuance of residential building permits. The developer has the option to request an amendment to the Urban Transportation Plan. • The property is designated as per the future land use as medium density residential. As per Plan CC, medium density residential consists of between 4 and 13 units per acre. Planning Commission and Staff Recommendation (June 23, 2021): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-4.5" Single-Family 4.5 District. Number of Notices Mailed — 79 within 200-foot notification area 4 outside notification area As of June 18, 2021: In Favor — 0 inside notification area o — 0 outside notification area ca In Opposition — 5 inside notification area o — 0 outside notification area Z Totaling 2.45% of the land within the 200-foot notification area in opposition. a *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition Attachments: A. Location Map (Existing Zoning & Notice Area) Staff Report Page 4 B. Public Comments Received (if any) cR�kti R .5 f& g 12 6 Td 12 t'Q 71 l2 31 4 76 41 yP 44 f A.- a 66 O i Yfl e iZ a fifi 23. e i FSS 6' / " /PROPERTY , IL AL IL IL a Dam Created:&10!2021 0 50 500 Prepared By:JeremyM FCC Departmertr of Deyela—r Soles CASE: 0629-05 "N. ZONING & NOTICE AREA RM-t Multgamlly 7 IL Light Industrial RM.2 Multifamily 2 IH Heavy Industrial RM-3 Multifamily 3 Pun Planned Unit Dev,Overlay ON Professional Office RS-10 Single-Family 10 RM-A7 Multifamily AT RS-5 Single-Family 6 CN-1 Neighborhood Commercial R3.4.5 Single-Family 4.6 CN-2 Neighborhood Commercial RS-7F 7W.-Family %•" CRA Resort Commercial RS-15 Single-Family 15 CR-2 Res ort Commercial RE Residentlal Estate SUBJECT a~ CG-1 General Commercial RS.TH Townhouse CG-2 General CommercialSp Special Permit PROPERTY p Intensive Commercial RV Recreational vehicle Park CBD Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial FR Farm Rural H Frsfor'overlay N BP 9usinass Park x°SOUfCES;iESrl,HERE,Gar w r 6 IntermapINCREMENT P, Sahjec/PmPmycwr,ers s 4� Esrl Japan,METI,Esn Ch City of e+m 200'ban Q V f r Kong),Esri Korea,Esri(TI Ca ❑S 4 o erawanmzoo uareac OW, LOCATION MAP NGCC,(c)OpenStreelMa C]�gtj abacIed maersbip!able X.cpposdr'n Staff Report Page 5 Staff Report Page 6 Printed Name: I 'f Qdr'421 Address: 1 —U q -.L ctT O O c City/State:— o c" 6'�V`� —f'4 ( ) IN FAVOR ( �i UPPOSi i ION Phone:��I I T�-- REASON: SigpAture SEE MAP ON REVERSE SIDE Case No,0621-05 INFOR Case No.:21 ZN101 a Project Manager:Andrew Dimas Property Owner ID:47 -Frnai� AndrewD2 cctexas.com Zoning Case #0521 -03 MVR Construction Company Rezoning for a Property at 6002 Greenwood Drive From "RS-6" To "RS-4.5" aoo� N 0 c� @OBJECTS°�' PQOOPFUY h 6� �No NO » City Council Auqust 17, 2021 Aerial Overview l a �ry I 2 i` 1 y �� SUBJECT �r a 2 Zoning Pattern and Adjacent Development PF GO-4o3 OH 201 L �0 0� Qo� 1083�3 � CH C H- 1 �l�s0 10O � 2001� 20�1 0 10 ll °114 PROPEM �l X7777 � o L 0L 12M 19,08 HL X10713 0�o�0�bo 20177 19771 ��° Public Notification 79 Notices mailed inside 200' buffer �r°<F -'�� �, 4tik a srr�o 4 Notices mailed outside 200' buffer °RawlRs °°�oFRe Notification Area Opposed: 5 (2.45%) kS-e Separate Opposed Owners. 3 SUBJECT PROPERTY-- In Favor: 0No a , Notified property owner's land in square e feet/Total square footage of all property in the notification area = Percentaqe of public opposition Planning Commission and Staff Recommendation Approval of the "RS-4.5" Single-Family 4 .5 District Site Plan L 5f •1. w�. ~ � �� may, +/. - 7 i� `9 `°`e� 'r-AiA• f.� 6 Utilities ate Water'r: 8-inch C900 Wastewater: 8-inch PVC [PROPERTY Gas: 2-inch Service Line Storm Water: s Drainage ditch ARD `ti 4,5 c "� !y , r� R p.o _. SUBJECT PROPERTY F y4 e f. p v -,� Dare Created:6/10/2021 p Prepared By:Jeremy/W �`" •' -' Department of Development Services CASE: 0621-45 Q8 u` 3Jr N�� Aerial with Subject Property Subject Property ; SUBJECT PROPERTY °a,er�v Sources; Esti, HERE,Gar wr Intermap, INCREMENT P, Esri Japan, METI, Esri Ch City of Kang), Esri Korea, Esri(TI Corpus LOCATION MAP NGCC (c)OpenStreetMa Christi ."1 .mus c� �o o� a v AGENDA MEMORANDUM NCapp First Reading for the City Council Meeting of August 17,2021 x852 Second Reading for the City Council Meeting of August 24, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager SteveV(a-)cctexas.com (361) 826-3445 FROM: Kevin Smith, Director of Aviation Kevi n S(a)-cctexas.com (361) 289-0171 American Rescue Plan Act (H.R.1319 Public Law 117-2) (ARPA) Corpus Christi International Airport (CCIA) CAPTION: Ordinance appropriating Airport Grant No. 65 for $4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic for costs related to operations, personnel, combating the spread of the Covid 19 virus at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. Summary: This ordinance authorizes the appropriation of Airport Grant No. 65 for the amount $4,103,307 from the United States Federal Aviation Administration (FAA) American Rescue Plan Act for economic relief to eligible U.S. airports affected by the prevention of, preparation for, and response to the COVID-19 pandemic. The FAA will reimburse sponsors for operational expenses directly related to the airport incurred on or after January 20, 2020. Operational expenses are those expenses necessary to operate, maintain, and manage an airport. They include expenses such as payroll, utilities, service contracts, and items generally having a limited useful life, including personal protective equipment, and cleaning supplies. BACKGROUND AND FINDINGS: On March 11,2021, the President signed the American Rescue Plan Act of 2021. The Act includes $8 Billion in funds to be awarded as economic assistance to eligible U.S. Airports to prevent, prepare for, and respond to the COVID-19 pandemic. This grant will assist City of Corpus Christi Aviation Department with COVID-19 pandemic expenditures, including for costs related to operations, personnel, cleaning, sanitization,janitorial services, combating the spread of Covid 19 virus at the airport, debt service payments, or other uses that meet eligibility requirements. The FAA Regional Office will ensure that such development and use of the grant is consistent with all the recipient's prior Federal obligations, meets safety and security standards, meets National Environmental Policy Act (NEPA), prevailing wage, Buy American, Veterans' Preference, and Disadvantaged Business Enterprise Program requirements, and meets other specific requirements under the Act. ALTERNATIVES: Accepting this grant will allow the City of Corpus Christi Aviation Department to recover expenditures for operating expenses and for airport related costs associated with combating the spread of pathogens at the airport. Alternative funding to recover these costs are currently not available. FISCAL IMPACT: Funding is available through acceptance and appropriation of Grant No. 65 for $ $4,103,307 through the Airport Grant Fund(s). FUNDING DETAIL: Funding details include: Fund: Airport Grant Fund (1055) Mission Element: 274 Projects: ARPA Grant Account: 530000 Activity: 690065F Amount: $4,103,307.00 RECOMMENDATION: Staff recommends approval of this ordinance to appropriate grant totaling $4,103,307. LIST OF SUPPORTING DOCUMENTS: Ordinance Grant Letter and Agreement Ordinance appropriating Airport Grant No. 65 for $4,103,307 from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) to mitigate the fiscal effects stemming from the public health emergency caused by the COVID-19 pandemic for costs related to operations, personnel, combating the spread of pathogens at the airport, debt service payments, and other authorized ARPA uses at the Corpus Christi International Airport; and amending the FY 2020-2021 budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Funding in the amount of $4,103,307 for Federal Aviation Administration Grant No. 3-48- 0051-065-2021 is appropriated in the No. 1055 Airport Grant Fund. The grant funds, provided from the Federal Aviation Administration pursuant to the American Rescue Plan Act (ARPA) are to mitigate fiscal effects at the Corpus Christi International Airport stemming from COV!D-19 for authorized uses under ARPA including, but not limited to, operations, personnel, combating the spread of pathogens, and debt service payments. SECTION 2. The FY2020-2021 Operating Budget, adopted by Ordinance No. 032203, is amended to increase both revenues and expenditures by $4,103,307. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of , 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor so �o o� A PH v AGENDA MEMORANDUM "`1"852g9 Action Item for the City Council Meeting August 24, 2021 DATE: August 24, 2021 TO: Peter Zanoni, City Manager FROM: Peter Collins, Chief Information Officer of Information Technology Pete rC(a)cctexas.com (361) 826-3735 Mike Markle, Chief of Police M i ke M a(a)cctexa s.co m (361 ) 886-2601 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 P25 Radio Infrastructure Upgrade CAPTION: Motion authorizing a one-year professional service agreement with Dailey & Wells Communications, Inc., of San Antonio, Texas for Phase I P25 upgrade to the Public Safety Harris Radio System in an amount not to exceed $1 ,500,000 where the City of Corpus Christi will pay $1 ,125,000 based on 75% ownership, Nueces County will pay $285,000 based on 19% ownership, and the Regional Transportation Authority (RTA) will pay $90,000 based on 6% ownership per the Interlocal Cooperation Agreement for the Radio System P25 upgrade. SUMMARY: The City of Corpus Christi, Nueces County, and RTA are owners of the Public Safety Harris Radio System. This professional service agreement is for Phase I of two phases for the P25 upgrade. Phase I will upgrade the radio system to P25 to address issues in coverage, infrastructure, connectivity, redundancy, expansion, and security. The existing radio system has reached end of life, which warrants the equipment and infrastructure to be replaced. BACKGROUND AND FINDINGS: Phase I of the radio system upgrade to P25 includes radio equipment, installation, configuration, testing, expansion, traffic analysis to determine if frequencies need to be increased or decreased and two additional radio sites. Dailey & Wells has provided $2,822,784 in-kind contribution towards the P25 upgrade. This in-kind contribution provides primary system components for the radio system including radio equipment and professional services for installation, configuration, and testing. A price agreement containing a list of all possible parts was developed with Dailey &Wells for Phase I at a cost not to exceed $1 ,500,000 for remaining infrastructure, antennas, cabling, repeaters, combiners, switches and other radio equipment and services for the installation, configuration, testing, expansion, traffic analysis and two additional radio sites which will complete the Phase I upgrade. Once Phase I is completed, Phase 11 will begin which includes fine tuning the radio system and also interconnecting to other radio systems which are part of the Coastal Bend Public Safety Radio Coalition. Once completed, this will expand our coverage throughout the region. PROCUREMENT DETAIL: This procurement is through the H-GAC Cooperative. The contracts awarded through this H-GAC Cooperative have been competitively procured in compliance with Texas Local and State procurement requirements. The average percentage of savings through the cooperative contract is 26% off list price. ALTERNATIVES: No alternative. The system is end of life and is necessary for the safety of citizens. FISCAL IMPACT: The fiscal impact in FY2021 for the Public Safety Phase I Radio System upgrade to P25 is an amount not to exceed $1 ,500,000. The City of Corpus Christi's allocation of$1,125,000 is funded through general obligation bonds approved by the voters in 2018. The City's funding was approved in the 2018 bond election and has been secured through the issuance of voter-approved general obligation bonds. Based on ownership of the radio system, $285,000.00 is from Nueces County and $90,000.00 is from the RTA for a total of $375,000 from the Police Building CIP Fund per the Interlocal Cooperation Agreement defining Nueces County and the RTA as owners of the Public Safety Radio System. FUNDING DETAIL: Amount: $1 ,125,000.00 Fund: 3343 - Police 2020 Bond 2018 CIP Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): 18038 - Police Radio Communication System Account: 550030 - Improvements Other than Building Police CIP Fund Amount: $375,000.00 Fund: 3340 — Police Building CIP Fund Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): 18038 - Police Radio Communication System Account: 550030 - Improvements Other than Building RECOMMENDATION: City staff recommends approving the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Statement of Work SC�` 0`� ,,. V MCORFOR I o AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 24, 2021 DATE: Aug 24, 2021 TO: Peter Zanoni, City Manager FROM: Daniel McGinn, Director of Planning and Environmental DanielMca-cctexas.com (361) 826-7011 Richard E. Martinez, Director Public Works Department Richard M5(a)cctexas.com (361) 826-3419 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2a-cctexas.com (361) 826-3169 Storm Water and Pesticide Application Permitting Services CAPTION: Motion authorizing a five-year service agreement with SWCA, Incorporated, dba SWCA Environmental Consultants, of San Antonio, Texas to provide permitting services, such as reporting, training, and compliance for the Texas Commission on Environmental Quality in an amount not to exceed $104,879.00, with FY 2021 funding in an amount not to exceed $6,992.00. SUMMARY: This motion authorizes a five-year service agreement with SWCA, Incorporated, dba SWCA Environmental Consultants of San Antonio, Texas, to provide services for Texas Commission on Environmental Quality (TCEQ) storm water permitting that is required at city industrial facilities and for the application of pesticide. BACKGROUND AND FINDINGS: The City is required to obtain and comply with TCEQ storm water management permits for industrial activities at Corpus Christi International Airport, the Marina, Solid Waste and Fleet Maintenance facilities, as well as ongoing mosquito pesticide application. To comply with the TCEQ permitting requirements, the City must renew both the Multisector General Permit (MSGP) and the Pesticide General Permit (PGP), as both permits expire in August 2021. The consultants will prepare and submit the required information on behalf of the City for permit renewal to TCEQ. Additionally, the consultant will assist the City with all required agency reporting, personal training, and other issues associated with permit compliance. PROCUREMENT DETAIL: Previously, in 2010, there were two agreements for these services. One was with Arcadis of Corpus Christi, Texas in the amount of$45,000.00 for the MSGP. The other agreement was with Alan Plummer of Austin, Texas for the PGP in the amount of$156,000.00. The MSGP agreement, however, did not provide for staff training. The training was instead provided by the City's Environmental Services Staff. Staff is recommending one five-year agreement since each of the two permits are for five-year periods and require the aforementioned requisite servicing throughout that period. Contracts and Procurement conducted a competitive Request for Bid process in April 2021 to obtain bids for new long-term contracts. The City received five bids and is recommending award to the lowest responsive, responsible bidder, who was SWCA, Incorporated, dba SWCA Environmental Consultants. SWCA was founded in Arizona in 1981, and now has 32 offices across the United States and has been supporting storm water compliance efforts within Texas for over 10 years. The company has 40 years of experience nationwide. While SWCA intends to support the City of Corpus Christi through their nearest Texas office in San Antonio and Austin, SWCA will utilize local vendors/subcontractors to support areas for laboratory analysis and storm water maintenance efforts. Within Corpus Christi, SWCA will team with Eurofins Xenco to process water samples at their local laboratory facility in an expedited timely manner to ensure accurate analysis for time sensitive analysis. SWCA will also team with the local GeoSolutions office for support on erosion control measures, sediment removal and detention pond maintenance. SWCA has several certified storm water professionals who thoroughly understand the Clean Water Act regulations and requirements within the Unites States and how management of those regulations have been authorized to the State level under the Texas Pollutant Discharge Elimination System program. SWCA also has local certified pesticide compliance professionals to further support the Storm Water Management services contract. Additionally, SWCA has in-depth knowledge of the industrial storm water requirements outlined under the TPDES program, including the Industrial Storm Water General Permit and the Pesticides General Permit, that authorize regulated discharges for the four facility sectors operated by the City. SWCA's in-depth knowledge across the industrial sectors enables them to provide the City an efficient and informed approach to the specific storm water compliance regulations covering each of the five industrial sites managed by the City. ALTERNATIVES: An alternative to accepting, the low bid would be to reject all bids and request the project be competitively bid again. However, the bid from SWCA, Incorporated, is responsive and within budget. In addition, any other alternative to accepting the bid from SWCA, Incorporated, would not meet the City's goal of renewing the required permits before they expire in August 2021. FISCAL IMPACT: The fiscal impact for FY 2021 includes $6,992.00 to the 4010 Water Utilities fund. The balance will be budgeted in future years through the annual budget process. FUNDING DETAIL: Fund: 4010 Water Utilities Organization/Activity: Environmental and Strategic Initiatives Mission Element: 074 Environ & Regulatory Review Project # (CIP Only): N/A Account: 530000 Professional Services Amount: $6,992.00 RECOMMENDATION: Staff recommends approval of this five-year agreement with SWCA, Incorporated, dba SWCA Environmental Consultants as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tab Service Agreement � City of Corpus Christi Bid Tabulation Contracts and Procurement Department RFB No.3569 Senior Buyer: Tracy Garza Storm Water Management Services x� SWCA Environmental Hanson Professional Consultants AARC Environmental,Inc. *Raba Kistner Gainco,Inc. Services,Inc. ITEM EXTENDED EXTENDED EXTENDED EXTENDED EXTENDED # DESCRIPTION QTY UNIT UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE UNIT PRICE PRICE 1 Storm Water Management Services. i Year $46,644.000 $46,644.00 $ 51,540.00 $51,540.00 $61,162.500 $61,162.50 $111,000.00 $111,000.00 Year 1 2 Storm Water Management Services. 1 Year $14,051.000 $14,051.00 $ 36,690.00 $36,690.00 $62,385.750 $62,385.75 $68,000.00 $68,000.00 Year 2 3 Storm Water Management Services. 1 Year $14,264.000 $14,264.00 $ 36,690.00 $36,690.00 $64,257.320 $64,257.32 $68,500.00 $68,500.00 Year 3 4 Storm Water Management Services. 1 Year $14,650.000 $14,650.00 $ 36,690.00 $36,690.00 $66,185.030 $66,185.03 $69,000.00 $69,000.00 Year 4 5 Storm Water Management Services. 1 Year $15,270.000 $15,270.00 $ 36,690.00 $36,690.00 $68,170.580 $68,170.58 $70,000.00 $70,000.00 Year 5 GRAND TOTAL $104,879.00 $198,300.00 N/A $322,161.18 $386,500.00 'Vendor third highest bidder deamed'Non-Responsive'due to not being able to confirm pricing DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3569 U STORM WATER MANAGEMENT SERVICES yeanaonn!e� 1852 THIS Storm Water Management Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and SWCA, Incorporated, dba SWCA Environmental Consultants ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Storm Water Management Services in response to Request for Bid/Proposal No. 3569 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Storm Water Management Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for five years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $104,879.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Sharon Murphy Department: Environmental Strategic Initiatives Phone: 361-826-4066 Email: sharonl@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 12. Subcontractors. Contractor may use subcontractors in connection with the work performed under this Agreement. When using subcontractors, however, the Contractor must obtain prior written approval from the Contract Administrator unless the subcontractors were named in the bid or proposal or in an Attachment to this Agreement, as applicable. In using subcontractors, the Contractor is responsible for all their acts and omissions to the same extent as if the subcontractor and its employees were employees of the Contractor. All requirements set forth as part of this Agreement, including the necessity of providing a COI in advance to the City, are applicable to all subcontractors and their employees to the same extent as if the Contractor and its employees had performed the work. The City may, at the City's sole discretion, choose not to accept Services performed by a subcontractor that was not approved in accordance with this paragraph. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Sharon Murphy Environmental Affairs Manager 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-4066 IF TO CONTRACTOR: SWCA, Incorporated, dba SWCA Environmental Consultants Attn: Kevin Miller Vice President, Central Texas 4949 North Loop 1604 West, Bldg. 2, Ste. 235, San Antonio, Texas 78249 Phone: 210-877-2847 Phone: 210-877-2848 Service Agreement Standard Form Page 4 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 CONTRAC uSigned by: Signature.. Printed Name'. Kevin Miller Title: vice President Date: 5/17/2021 CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: APPROVED AS TO LEGAL FORM: Assistant City Attorney Date Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3569 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 Attachment A - Scope of Work General Requirements/Background Information The Contractor shall provide storm water management services according to the following scope, but not limited to, on an as needed basis within the jurisdiction of the City of Corpus Christi. Scope of Work A. Contractor shall prepare and revise Storm Water Pollution Prevention Plans (SWPPP) as needed to support City operations. B. Contractor shall perform quarterly inspections at storm water outfalls. C. Contractor shall sample storm water outfalls as required by the General Storm Water Permit. D. Contractor shall prepare Discharge Monitoring Reports (DMR) as required by the General Storm Water Permit. E. Contractor shall perform reporting to the TCEQ as required by the General Storm Water Permit. F. Contractor shall conduct annual compliance inspections, reviews, and certifications as required by the General Storm Water Permit. G. Contractor shall maintain Best Management Practices (BMP) as identified in the SWPPP. H. Provide training to personnel listed on the storm water management team roster. I. Contractor shall prepare and submit Notice of Intent (NOI) upon issuance of new Multisector General Permit. J. Pesticide General Permit: See attached requirements. Work Site and Conditions The work shall be performed at various locations within the jurisdiction of the City of Corpus Christi. See attached Exhibit A for work site locations. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 Pesticide General Permit Consultant shall be responsible for Level IA (mosquitos) compliance including: Permit Renewal: TCEQ is proposing to renew and amend the Pesticide General Permit TXG870000 which authorizes the application of pesticides into or over, including near waters of the United States for the control of mosquito and other insect pests, vegetation and algae pests, animal pests, area-wide pests, and forest canopy pests. The current permit expires on November 2, 2021 . The draft permit is currently under development. Preparation and submittal of Single Pest Management Area NOI - ePermit TCEQ HQ Submission of Annual Report when required Ensure and Verify Operator TDA licensing, as applicable Provide Annual PGP training Revise and update Current Pesticide Discharge Management Plan as needed Fees: NOI - $100 paper or $75 ePermit DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 EXHIBIT A 1 . Corpus Christi International Airport 1000 International Corpus Christi TX 78406 2. Corpus Christi Marina 400A N. Shoreline Blvd Corpus Christi TX 78401 3. Cefe Landfill 2397 County Road 20 Robstown TX 78380 4. JC Elliot Transfer Station 7001 Ayers Street Corpus Christi TX 78415 5. Fleet Maintenance Services 5253 Ayers Street Corpus Christi TX 78415 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 Attachment B - Pricing Schedule Go�us c.� ow CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT U BID FORM Nawrroaaieo 1852 RFB No. 3569 Storm Water Management Services Date: 05/04/21 PAGE 1 OF 1 Authorized - Bidder: SWCA, Incorporated Signature: 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. UNIT EXTENDED ITEM DESCRIPTION QTY UNIT PRICE PRICE Storm Water Management $46,644 $46,644 1 Services. Year 1 1 Year Storm Water Management $14,051 $14,051 2 Services, Year 2 1 Year Storm Water Management $14,264 $14,264 3 Services, Year 3 1 Year Storm Water Management $14,650 $14,650 4 Services, Year 4 1 Year Storm Water Management $15,270 $15,270 5 Services, Year 5 1 Year GRAND TOTAL $104,879 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 Attachment C - Insurance Requirements I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer a copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE PROFESSIONAL LIABILITY $1,000,000 Per Claim (Errors and Omissions) (Defense costs not included in face value of the policy) If claims made policy, retro date must be at or prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. C. In the event of accidents of any kind related to this contract, Contractor shall furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of at least A- with a Financial Size Category of Class VII or higher. B. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 C. Certificate of insurance shall specify that at least 30 calendar days advance written notice will be provided to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. D. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. G. Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. H. The insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 3-H Professional Services - Other Professional Services 06/08/2020 Risk Management - Legal Dept. DocuSign Envelope ID:7F4DBB36-D3A9-43B9-802E-AC1 D88FCD8E1 Attachment D - Warranty No warranty is required therefore, Service Agreement 3569, Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 24, 2021 DATE: August 24, 2021 TO: Peter Zanoni, City Manager FROM: Eyvon McHaney, Director of Human Resources Eyvo n M c(a-)-cctexas.com (361) 826-3979 Annette Rodriguez, Director of Public Health An netteR(a-)cctexas.com (361) 826-7203 Josh Chronley, Assistant Director of Contracts and Procurement JoshC2(a-)cctexas.com (361) 826-3169 Temporary Staffing for Health Clinic Services CAPTION: Motion authorizing a two-year service agreement with Unique Employment I, LTD., of Corpus Christi, Texas, in an amount not to exceed $1,000,000.00 for temporary staffing for health clinic services related to COVID-19 for the Corpus Christi — Nueces County Public Health District with FY 2021 funding in the amount of$83,333.00 available through the 1066— Health Grants Fund. SUMMARY: This motion authorizes a two-year service agreement with Unique Employment I, LTD. to obtain qualified, vetted, and competent temporary personnel on a timely basis to assist with surge capacity staffing needs related to COVID-19 for the Corpus Christi — Nueces County Public Health District. BACKGROUND AND FINDINGS: In February of 2021 the Corpus Christi-Nueces County Public Health District applied for COVID-19 vaccination supplemental funding from the Texas Department of State Health Services. Due to the success of the multi-faceted vaccination plan, program, and infrastructure developed by the Public Health District, the State awarded an $18 million grant for the City to continue and expand its work. The $18 million grant was approved by City Council on May 11, 2021. As stated during the May 11 City Council meeting, the grant would primarily fund two components. The first component is temporary staff to provide relief to the ranks of the Health Departments own workforce. The second component is for a turn- key vaccination service. The proposed service agreement is for the staff augmentation and relief. The turn- key program will be taken to Council on a later date. The service agreement will provide qualified temporary personnel for positions including, but not limited, to, Phone Bank Operators, Office/Data Entry Clerks, EMT's and medical personnel such as Medical Assistants, LVN's and Registered Nurses (RNs). The number of temporary positions will be dependent on the Health District's need to respond to COVID-19 vaccination, testing, or related tasks. Expenditures for these temporary positions are estimated to be $5,000 to $25,000 a week, based on the level of response required. The service agreement related to this proposed motion is supported through funding from the COVID-19 Vaccination Capacity Contract with the Texas Department of State Health Services. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Proposals (RFP 3660) process to obtain proposals for Temporary Staffing for Health Clinic Services. Nine firms submitted for the Temporary Staffing for Health Clinic Services project. Unique Employment I, LTD. was selected for the Temporary Staffing for Health Clinic Services project. Unique Employment I, LTD. was the highest ranked firm. The selection committee was comprised of representatives from Human Resources and the Health Department. The final evaluation ranked and qualified Unique Employment I, LTD. as the highest ranked firm based on two factors: 1) firm's experience, and 2) understanding of project scope. Unique Employment I, LTD. Currently provides temporary staff for Human Resources for various City departments on an as needed basis and have met performance requirements. ALTERNATIVES: The alternative is to continue the City's Temporary Staffing Program, without partnering with a staffing agency.This may lead to a delay in filling the Health Department's work requirement for temporary workers. FISCAL IMPACT: The fiscal impact for FY21 is an estimated amount of $83,333.00. This agreement is a `not to exceed' amount of$1,000,000 and will be based on Public Health District staffing needs related to COVID-19. FUNDING DETAIL: Fund: 1066 Health Grants Organization/Activity: 831557F COVID-19 Immunization Mission Element: 103 Health Disease Prevention Project # (CIP Only): N/A Account: 530070 Temporary Services Amount: $83,333.00 RECOMMENDATION: Staff recommends approval of this motion authorizing a two-year service agreement with Unique Employment I, LTD. for temporary staffing for health clinic services as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Evaluation Matrix RFP 3660:TEMPORARY STAFFING FOR HEALTH CLINIC SERVICES Maxim Unique Aadi Home CareerSTaff Compu noel Noor Staffing Employment HJ Staffing LanceSoff,Inc. Healthcare Medix Proposal Evaluation Health&Hospice Unlimited Staffing Group Services Corpus Christi,TX Irving,TX Austin,TX Tomball,TX Herndon,VA Staffing Services Houston,TX New York,NY Corpus Christi, Houston,TX TX MINIMUM QUALIFICATIONS PASS FAIL Pass Pass Pass Pass Pass Pass Pass Pass Pass Required five years in business VP V, No outstanding lawsuits during last 5 years or current %-* litigation with the City during last 5 years No outstanding regulatory issues last 5 years V, V, V/ Vf V, References Provided for firm V V V V V TECHNICAL PROPOSAL (60 POINTS) 10 29 38 18 39 43 25 34 53 Firms'Experience(33 points) 4.9 16.0 17.7 10.7 19.3 21.3 13.5 17.7 28.0 Understanding of Project Scope(27 points) 5.5 13.3 20.0 10.5 19.7 21.3 11.3 16.7 24.7 INTERVIEW(20 POINTS) 18 19 Firms'Experience)10 points) 9.7 9.3 Understanding of Project Scope)10 points) 8.0 9.3 PRICING(20 POINTS) 16.46 20 TOTAL 10.0 29.0 38.0 18.0 39.0 77.5 25.0 34.0 92.0 SC G° a 0 H SERVICE AGREEMENT NO. 3660 U TEMPORARY STAFFING FOR HEALTH CLINIC SERVICES yeanaonn!e 1852 THIS Temporary Staffing for Health Clinic Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Unique Employment I, LTD. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Temporary Staffing for Health Clinic Services in response to Request for Bid/Proposal No. 3660 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Temporary Staffing for Health Clinic Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. This Agreement is for two years, with performance commencing upon the date of issuance of a notice to proceed from the Contract Administrator or the Contracts and Procurement Division, or the performance date listed in the notice to proceed, whichever is later. The parties may mutually extend the term of this Agreement for up to zero additional zero-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. 3. Compensation and Payment. This Agreement is for an amount not to exceed $1 ,000,000.00, subject to approved extensions and changes. Payment will be made for Services completed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. Contractor shall invoice no more frequently than once per month. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next option period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: Service Agreement Standard Form Page 1 of 7 Approved as to Legal Form March 12, 2021 City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Tina Belock Department: Human Resources Phone: 361-826-3332 Email: TinaB@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement Standard Form Page 2 of 7 Approved as to Legal Form March 12, 2021 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. Service Agreement Standard Form Page 3 of 7 Approved as to Legal Form March 12, 2021 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Tina Belock Title: HR Recruitment Manager Address: 1201 Leopard St., Corpus Christi, Texas 78401 Phone: 361-826-3332 Fax: 361-826-3322 IF TO CONTRACTOR: Unique Employment I, LTD. Attn: Chris Bradford Title: Senior Vice President Address: 4646 Corona, Suite 100, Corpus Christi, Texas 78411 Phone: 361-852-6392 Fax: 361-851-5327 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, Service Agreement Standard Form Page 4 of 7 Approved as to Legal Form March 12, 2021 WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Service Agreement Standard Form Page 5 of 7 Approved as to Legal Form March 12, 2021 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 6 of 7 Approved as to Legal Form March 12, 2021 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Interim Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3660 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 7 of 7 Approved as to Legal Form March 12, 2021 ATTACHMENT A — SCOPE OF WORK General Requirements A. The City shall place orders for leased workers only as such needs arise subsequent to the execution of a contract. Use of Contractor's leased worker services shall not be retroactive to any date prior to the execution of a contract. B. The City intends to secure leased workers for the positions enumerated herein from the Contractor to whom a contract is awarded; however, the City shall not be bound to do so nor shall the City be bound to secure from the Contractor to whom a contract is awarded for positions not enumerated herein. C. The City will request direct placement recruiting on an as needed basis. A specific job description and turnaround time will be discussed at the time the City submits the request. D. The City reserves the right to add or delete position titles to and from any contract. The same markup will apply to these positions as outlined in the pricing schedule. Such additions or deletions shall be made solely by means of a fully executed, written amendment. E. The City reserves the right to interview any and all prospective leased workers prior to and as a condition of assignment with the City. F. The City retains sole authority to: accept or reject assignment of any prospective leased worker and terminate the services of any leased worker, with or without cause, at any time during placement. Scope of Work A. The Contractor will provide the City, on request by the City, with qualified temporary staffing services. The City's primary objective is to obtain qualified and competent temporary personnel to assist with surge capacity staffing needs for the Corpus Christi Nueces County Health Department related to COVID-19. The Contractor shall have the experience and the ability to provide temporary personnel for the positions including, but not limited to, Phone Bank Operators, Office/Data Entry Clerks, EMT's and medical personnel such as Medical Assistant's, LVN's, and Registered Nurses. B. The City will submit the requests for the positions with job description and salary/pay rate to the Contractor. Based on the immediate need, the Department may allow for the Contractor to directly identify candidates or resumes may be required and a selection will be made. Resumes shall be provided to the Human Resources Department named herein or to the Health department upon request. C. The Contractor shall ensure that all leased workers selected for a temporary assignment with the City meets the minimum requirements for the position as mandated by the City. D. The Contractor shall supply the Health department with leased workers in a timeframe that meets the needs of the department. E. The Contractor shall not place leased workers with the City until acceptable results are obtained on all pre-placement checks required for each position title. The Contractor shall not place leased workers with the City who are related to City employees within the same department or in a position that may cause a conflict of interest. All leased workers must comply with City Employment of Relatives policy. The Contractor shall not place previous City employees terminated for cause or poor performance with any department. F. The Contractor's customer service personnel (particularly those taking orders) shall be courteous and respectful at all times. Failure to adhere to this requirement shall constitute grounds to utilize another contracted provider. G. The Contractor shall pay its leased workers in a manner that does not involve City personnel or disrupt operations of the City. In no case shall the Contractor distribute paychecks at job sites or City facilities. In no case shall City staff be required to distribute the Contractor's checks to leased workers. Reporting A. The Contractor shall provide the Contract Administrator and/or Health Department Hiring Manager(s) with monthly reports due the first week of each month and a final report within seven business days after the expiration of this agreement, including: 1 . Leased employees name, start date, and end date 2. Position title (as used in this bid contract) 3. Regular number of hours 4. Regular bill rate per hour 5. Total dollars paid at regular bill rate per position title 6. Overtime number of hours 7. Overtime bill rate per hour 8. Total dollars paid at overtime bill rate B. Additional ad-hoc reporting may be requested due to needs related to budgeting and grant funding. Payment and Invoicing A. The Contractor shall submit valid invoices directly to the Health Department designee with approved timesheet approvals upon completion of the work ordered. Valid invoices shall be submitted weekly for recurring services performed during the preceding week. Each invoice shall list the number of regular and overtime hours worked by each leased worker, the amount charged for regular and overtime hours for each leased worker and the lump sum due. Please note that overtime must be approved by the City in writing prior to the employee working overtime. B. Payment will be made for each assigned leased worker at the actual hourly rate approved by the City for the position multiplied by the approved markup for overhead as shown in the pricing form. C. The Contractor shall not bill and the City shall not pay any late or administrative fees, penalties, charges or interest in conflict with law. D. The Contractor will not charge any fees to the leased worker for using the Contractor's services. Background and Credit Investigation A. The Contractor shall perform background checks on all candidates and a credit investigation may be required on candidates with positions that require handling money and will be reviewed on a case by case scenario. B. At the Contractor's expense, the Contractor shall conduct background investigations and ensure all candidates meet the requirements of the City. C. The Contractor shall conduct, on a national basis, all credit investigations (if applicable) and shall reflect "Actual" credit history as requested by the City. For those prospective leased workers who have resided solely in the State of Texas for the ten years immediately preceding their placement with the City, the Contractor need only conduct a State of Texas background check which shall consist of a search for criminal convictions at the state level and in those counties in which said prospective leased worker has resided. For those prospective leased workers who have resided outside the State of Texas at any time and for any duration of time during the ten years immediately preceding placement with the City, the Contractor shall conduct a national background check which shall consist of a search of the following for criminal convictions: federal records and records of the states and counties/parishes in which said prospective leased worker has resided in the ten years immediately preceding placement with the City. All background checks shall search for criminal convictions and Also-Known-As (AKA). Special Instructions A. All leased workers must pass a ten-panel drug test prior to being placed with the City, at the expense of the Contractor. B. All leased workers placed with the City by the Contractor are, and shall remain throughout the duration of any placement with the City, employees of the Contractor. C. Unless specified otherwise herein, any and all licenses, certifications, trainings, etc. that are a prerequisite to initial placement or requisite to continued placement with the City shall be the sole responsibility (including payment therefore) of the leased worker. D. Some positions may require a leased worker to possess keys to City establishments. Leased workers shall return all keys when their assignment is complete. If all keys to a given City establishment are not returned, the City will absorb the cost of replacing keys and/or locks for the first occurrence during the term of the contract. On the second occurrence and every time thereafter, the Contractor will absorb the cost of replacing all locks and/or keys This charge will be deducted from the next invoice due for payment. E. All leased workers shall make provisions for transportation to and from job sites. City staff shall not be responsible for transporting leased workers to and from job sites. Leased workers are required to be at work on time. One such violation constitutes grounds for replacing the leased worker. F. When a leased worker is no longer needed by the City, the Department shall notify the Contractor and Human Resources via email which will include the "End Date and Time of Assignment". The City shall not be responsible for and shall not pay for any charges beyond the "End Date and Time of Assignment". G. Should any leased workers accept a position with the City prior to the leased workers working the minimum number of days, 90, the Contractor can charge the conversion fee outlined on the Pricing Sheet. H. Should any leased workers satisfy an initial 90-day probation period, the City shall not be responsible for any penalty or payment to the Contractor or leased worker to convert the leased worker to a City employee. I. The Contractor must educate all temporary staff employees that NO DRIVING of any vehicles or equipment is permitted under any circumstance or condition and if a temporary staff employee violates this policy the Contractor is liable and financially responsible, irrespective of fault. ATTACHMENT B - BID/PRICING SCHEDULE .�yus c.� o�° CITY OF CORPUS CHRISTI Pricing Form v CONTRACTS AND PROCUREMENT hOURPRRAjE� 1852 RFP No. 3660 TEMPORARY STAFFING FOR HEALTH CLINIC SERVICES PAGE 1 OF 2 DATE: June 14, 2021 Unique Employment f, LTD dba Unique Employment Services PROPOSER _ A HORIZ D SIGNAT RE 1. Refer to "Instructions to Proposers" and Contract Terms and Conditions before completing proposal. 2. Provide your best price for each item. 3. In submitting this proposal, Proposer certifies that: a. the prices in this proposal have been arrived at independently, without consultation, communication, or agreement with any other Proposer or competitor, for the purpose of restricting competition with regard to prices; b. Proposer is an Equal Opportunity Employer; and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Proposer has incorporated any changes issue through Addenda to the IFP in this pricing. Office/Clerical Markup Percentage 45 % Professional Markup Percentage 45 % Light Industrial Markup Percentage 45 % Conversion Fee 520 Hours or Remaining Balance % Direct Placement Recruiting Percentage Fee 17 % TOT ALCONTRACT VALUE NOT TO EXCEED $1,000,000 FOR TWO YEARS ATTACHMENT C - INSURANCE REQUIREMENTS I. BIDDER'S LIABILITY INSURANCE A. Bidder must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Bidder must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Bidder must furnish to the City's Risk Manager and Director Human Resources, 2 copies of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-written day notice of cancellation, Bodily Injury and Property Damage required on all certificates or by Per occurrence - aggregate applicable policy endorsements Commercial General Liability $1 ,000,000 Per Occurrence including: 1 . Commercial Broad Form 2. Premises - Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury PROFESSIONAL LIABILITY (including) $1,000,000 Per Claim 1 . Engineering/Design 2. Medical CRIME/EMPLOYEE DISHONESTY $100,000 Per Employee WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Bidder must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Bidder must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Bidder will be promptly met. B. Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Bidder's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Bidder shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Bidder shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Bidder agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non-renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non-renewal of coverage, Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Bidder's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Bidder to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Bidder hereunder until Bidder demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Bidder may be held responsible for payments of damages to persons or property resulting from Bidder's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Bidder's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2021 Insurance Requirements Ins. Req. Exhibit Professional Services - Temporary Staffing Services 05/19/2021 Risk Management - Legal Dept. ATTACHMENT D - WARRANTY No warranty is required therefore, Service Agreement 3660, Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. RI c G� �O A H, rycoApoRAE� AGENDA MEMORANDUM zs� Resolution for the City Council on 8/24/21 DATE: August 5, 2021 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, CBO, Director Development Services alraymond(o-)cctexas.com 361-826-3575 Outside city limits water contract for agricultural use at 1661 FM 665 CAPTION: Resolution authorizing outside city limits water contract for agricultural use with Rito M. Cristan, Jr. and Beberlyn J. Carranza Cristan to provide public water to their property located outside the city limits at 1661 FM 665, located nearest City Council District 3, under Corpus Christi Code Section 55-113. SUMMARY: Rito M. Cristan, Jr. and Beberlyn J. Carranza Cristan, the owners of the property located at 1661 FM 665, has submitted a request to enter into an outside city limits (OCL) water contract in accordance with section 55-113 of the City Code of Ordinances. This request is for agricultural purposes only; no residence is on the property located within the ETJ on FM 665. BACKGROUND AND FINDINGS: Section 55-111 of the Code of Ordinances requires a written service contract between the City and all owners and record mortgagees and lienholders of such property. The property owners, Rito M. Cristan, Jr. and Beberlyn J. Carranza Cristan, are proposing to utilize water solely for agricultural purposes. The property is 11.16 acres in size. To obtain public water per Section 55-111-113, owners must comply with these provisions: a. Enter into a written service contract with the City; b. City water is to be used for cultivating the soil, harvesting crops, raising livestock or pasture grazing; and c. Owners agree such water service shall be terminated and the use of city water on such property shall be discontinued in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster. A 2-inch water line located along FM 665 can serve the property. Water Utilities authorizes a 1/2-inch connection. A city water meter will not be issued until an OCL water contract has been approved by City Council and recorded in the Nueces County records. Pursuant to the requirements of the water service contract, future improvements except for structures which are agricultural in nature may only occur if they are in compliance with city regulations, including building permit and inspection requirements. ALTERNATIVES: Deny or amend the agreement. FINANCIAL IMPACT: If approved, the city will collect fees associated with water service. Fundina Detail: Fund: N/A Organ ization/Activity: Mission Element: Project #(CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution authorizing of OCL water contract for agricultural use with Rito M. Cristan, Jr. and Beberlyn J. Carranza Cristan to provide public water to their property located outside the city limits at 1661 FM 665. LIST OF SUPPORTING DOCUMENTS: Resolution OCL Water Contract (with Exhibits) Presentation Location Map Resolution authorizing outside city limits water contract for agricultural use with Rito M. Cristan Jr. & Beberlyn J. Carranza Cristan to provide public water to their property located outside the city limits at 1661 FM 665, located nearest City Council District 3, under Corpus Christi Code Section 55-113. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: The City Council authorizes the City Manager or designee to enter into outside city limits water contract strictly for agricultural use with Rito M. Cristan Jr. & Beberlyn J. Carranza Cristan, property owners of 1661 FM 665 to provide public water to their respective property located outside the city limits pursuant to Chapter 55, Article VIII of the City Code of Ordinances. PASSED AND APPROVED on the day of , 2021 : Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor CONTRACT FOR PROVIDING WATER WHERE PROPERTY IS SITUATED PARTLY OR WHOLLY BEYOND CITY LIMITS FOR STRICTLY AGRICULTURAL USE STATE OF TEXAS § COUNTY OF NUECES § Whereas, contracts for water service outside the city limits which include a new water connection must receive approval by the city council before the contract for such service can become effective pursuant to Corpus Christi Code 55-113; Whereas, pursuant to Corpus Christi Code 55-112, a covenant running with the land is required to receive water service outside the city limits when land is used only for agricultural use; Whereas, the city manager or designated representative is authorized to execute water service contracts meeting all of the requirements contained in Chapter 55, Article VIII of the Corpus Christi Code when no additional service connection is involved or the contract is for temporary water service for a period of not more than one (1) year or for consumption of less than ten-acre feet of water during the entire contract term. THIS CONTRACT AND AGREEMENT made and entered into an original by and between, Rito M. Cristan Jr& Beberlyn J Carranza Cristan (Owners), whose address is 6317 N Washam Dr., Corpus Christi, Texas, 78414, Veterans Land Board of the State of Texas (Lienholder) whose address is 1700 N Congress Ave, Austin, TX 78701-1496 and the City of Corpus Christi, Texas ("City"), a home rule city of more than 250,000 population, a municipal corporation and body politic under the laws of the State of Texas, of 1201 Leopard Street, Corpus Christi, Texas 78401, County of Nueces, State of Texas, for good and valuable consideration in hand received by the parties respectively and upon the covenants and conditions hereafter stated: WITNESSETH: I. Owner is owner in fee simple and of all existing rights, titles and interests therein of all the following described property located in Nueces County, Texas, which is situated partly or wholly beyond the corporate limits of the City of Corpus Christi, and further, the property is not principally used for port-related industry, as defined by Section 55-111, as amended, Code of Ordinances, City of Corpus Christi, and is generally delineated on the map attached to this contract and marked"Exhibit A" and being more particularly described as follows, to-wit: 11.16 ACRS being called Share No. 4 and being described in Volume 1632, Page 396-398, Deed Records of Nueces County, Texas and being out of the 99.969 acre tract of land conveyed by deed recorded in Volume 833, Page 451-456, Deed Records of Nueces County, Texas, said 99.969 are tract being out of Survey 154, A-957, and Survey 150, A-1019. II. City agrees to deliver City water to such property or to waterlines on the property, under rules and regulations promulgated and authorized by Section 55-111 as amended, of the Code of Ordinances, City of Corpus Christi. III. Except for structures which are solely agricultural in nature, Owner and Lien Holder agree to construct all improvements on such property under all City codes and regulations and 1 to obtain all City technical construction permits as though the property were inside the City. Owner and Lien Holder consent to inspections of all of such construction of duly authorized inspectors or representatives of City departments charged with enforcement of the codes and regulations. Owner and Lien Holder agree that, as to any improvements, the applicable codes and regulations are those codes and regulations that are in effect at the time of commencement of the improvements. IV. All connections to the City water system are subject to the same rules and regulations regarding standards of delivery of water service, including installation and disconnections for failure to pay charges, as consumers within the City limits. V. Owner agrees to use said property receiving City water only for agricultural uses hereby defined as meaning cultivating the soil, harvesting crops, raising livestock, or pasture grazing. VI. Owner agrees that such water service shall be terminated and the use of city water on such property shall be discontinued in the event such agricultural use is substantially discontinued for nine (9) months, less the time such property is subjected to a natural disaster, VII. IT IS AGREED by and between the parties hereto that all of the above conditions shall be binding upon the successors and assigns of the said Owner and each of them, if multiples, and constitutes a covenant running with the land. VIII. This Agreement does not become effective until such agreement with covenants has been recorded in the real property records of Nueces County. WITNESS OUR HAND this' day of AC 2021. OWNERS: Rito M. Cristan Jr& Beberlyn J Carranza Cristan Rito M Cristan caner Beberlyn J Carranza Cristan,Owner STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on this the kday of 2021, by Rito M Cristan Jr NruA-0i o`y..... MIC --- ry Pub fc, State of exas �ojPa , HELLE M.CONTRERAS t ?; n-Notary Pubfic,State of Texas Comm.Expires 01-19-20 'rnM0 Notary In 128146950 2 This instrument was acknowledged before me on this the&day of 2021, by Beberlyn J Carranza Cristan �6 ruMICHELLE M.CONTRERAS Notary Public,State of Texas ary Pub ic, at 'of Texas 's � Comm Expires 01-19-2022 $4 ' Notary ID 128146950 LIEN HOLDER: Ve erans Land Board of the State of Texas Mark Ht7'. Ey1cutive Secretary STATE OF TEXAS § COUNTY OF NUECES § LL This instrument was acknowledged before me on this the!jt day offfo L 2021, by Mark Havens, Executive Secretary, Veterans Land Board of the State CNTexas .�.. `oph31 (tin natit \oi.0 � h i_:,ru I lcxu y unom13md Otar UbIIC, State Of Texas �,:• Co:nir_ILti{arcs Urn l:.i'Z13i City of Corpus Christi: By: Albert J. Raymond ill, AIA, CBO Director, Development Services STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on this day of 2021, by Albert J. Raymond III, AEA, CBO, Director of Development Services, of the City of Corpus Christi, a Texas home-rule municipal corporation, on behalf of said corporation. Notary Public, State of Texas APPROVED AS TO FORM: day of 12021. Buck Brice Assistant City Attorney for the City Attorney 4 0 x Q J 1661 FM RD 666 r —J�I f� t CR 26A u9 ro .-- ao U. I Q 500 1.000 2,000 Feet Exhibit "A" a a CR 32 Water Contract Location Map CR 30 Site GR City Limits IS CR2'6A \ ® Subject Property m f a CR28 17m Cxwan:Y!,'1011 PMPJM0 By;Roy co prm►vr or ow waopmfnr sn m K*a Rn;s:nn Cove v;aw S yr:wr:765 O.1989_SamPmu Tam_$wFiP S_4209 Farr P"C i)W:LAIW*fT COArDfX 1_Cvnit Doc# 2017027430 NOTICE OF CONFIDENTIALITY RIGHTS; IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVERS LICE NSE NUMBER TEXAS VETERANS LAND BOARD LAND MORTGAGE PROGRAM n f![YIlF6 il7FAS Y FT[aRN4 FORFEFTEDIFORECLOSED LAND SALE SPECIAL WARRANTY DEED WITH'VENDORS LIEN Date. 0612012017 Grantor: VETERANS LAND BOARD OF THE STATE OF TEXAS Grantor's Mailing Address: 1700 North Congress Avenue, Austin, Travis County, Texas Grantee: Rita M.Cristan JR AND Beberlyn J. Carranza Cristan, HUSBAND AND WIFE Grantee's Mailing Address: 6317 North Washom Dr Corpus Christi TX 78414 Consideration: Ten Dogars and other valuable consideration to the undersigned in hand paid tsy the Grantee. the receipt of which is acknowledged,and the further consideration cif the execution and delivery to Grantor c(that certain promissory note of even date in the principal amount of 57,950.00 ,the payment of which note is secured by a vendors lien retained in favor of the Veterans Land Board of the State of Texas in this deed and by a Deed of Trust of even date from Grantee to George P. Bush,trustee. The receipt of the consideration Is hereby acknowledged and confessed. Property(Including any improvements): 11.16 acm beiling called Share No.4 and being described in Volume 163Z Page 3W398, Deed Records of Nueces County, Testas,and being out the 99.989 acre tract of land conveyed by deed recorded in Volume 833,Page 451-456,feed Records of Nueces County,Texas, said 99.969 acre tract being out of Survey 154, A-557,and Survey 150, A- 11019. Said tract of land is more particularly described in Exhibit reto "A"which is attached heand made a part hereof frx all (purposes. FFtS t vw warranty dead wkh sp ods vm&x*s Lien Rev_ 2/52113 Reservations from and Exceptions to Conveyance and Warranty: Nt,A All E d..UPUenLs iffld T19FILS of way that affect the property,wheth©r of record or not, and all mincroI Icases, reservations or conveyances, resWctons or restrictive covenants, and other recarried instruments that affect the property,other than liens or conveyances, and ,i 11 taxes, the payments of which arc no longer the responsibility of the Grantor. GRANTOR CONVEYS THE PROPERTY TO GRANTEE 'ASIS,WHERE IS' AND WITH ANY AND ALL FAULTS.' GRANTOR MAKES NO REPRESENTATIONS OR WARRANTY WHATSOEVER, EXPRESS OR IMPLIED,AS TO THE QUALITY OR CONICITION or T[tF. PROPERTY, MERCIIANTABILITY, SUITABILITY'OR FITNESS 0` I'HL PROPERTY 1-0R ANY USE WHATSOEVER, KNOWN OR UNKNOWN TO GRANTOR, OR COMPLIANrF WITH ANY ENVIROMMENTAt.,PROTECTION, POLL,I.FlON,OR LAND USF I AWS, RULES, REGULATION'S, GIRDERS,OR RLgIJIREMENTS INCLUDING, BUT NOT LIMITED TO, THOSE PERTAINING TO THE HAN€]I ING, GENERATING, TREATING,STORING, OR DISPOSING OF ANY I1A7ARr30I.IS WA.`.yTF]OR SLI€3$TANCE_ IN NO FVFNT 5HA1 I GRAN 10.2 RF RESPONS113LE OR L[A.BLE FOR LATENT OR PATENT DEFECT5 QR FAULT'S, IF ANY, 1N THE PROPERTY, OR FOR REMEDYING Ok REPAIRING [HE SAME €NCLUDlNG,WITHOUT LIMITATION,DEFECTS DELATED TO ASOESTU5[DR ASBE5TCI5 CONTAINING MIATERIALS, UNLIERGPOUND 5TORAGF TANKS t?R HAZARD01.15 OR TOXIC MATERIALS, CHEMICALS OR WASTE, []R FOR CONSTRUCTING OR REPAIRING;ANY STREETS, UTILITIES OSI OTHER IMPROVEMENTS SHOWN ON ANY FLAT OF THE PROPERTY. BY GRAN'F F'S ACCEPTANCE OF THIS CONVEYANCE,GRANTEE WARRANTS THAT GRANTEE HAS FULLY INSPECTED THE PROPERTY, IS FULLY 5ATISFIE®WITH THE SAME LN ALL RESPECTS AS IS.WHERE IS,WITH ANY AND A[A.FAIfI.TS,'AND IS NOT RELYING ON ANY REPRESENTATION OR WARRANTY CG GRANTOR.GRANTEE, BY ITS ACCEPTANCE OF THIS DEED, ACCE PTS ANY i IABII ITIC S OR COST 5 IN CnNNFC'TION WITH THE CONDITION OF THE PROPERTY, INC LunING BUT NOT LlMtTL'D TGl ANY COSTS OR LIABILITIES PERTAINING TO.ANY ENVIT2ONNILNTAL rONJI IION ON THE PROPERTY_ Additional Reservations- It is agreed and understoW that in the event that a palnnted survvy, of which the above described Lract of land is a part,contains excess acreage,or that unsurveyed school land is communed within the boundaries or the above described trace of landr said Board by the exfrcution of this deed dow) riol perp)a Iv gf int or vVevey any rI(ght, litle, or Interest in and to wch excess acreage or unsurveyetd school land_ IT IS AGREED that the Veterans Land Board of Lhe State of Texas, at Grantee's rnrluVsr, has financed that portinn of the purchase price of the prpperry that is evidenced by Lhee notes describers above. The Vendor's Lien and superior Tide to the property are retained loi,the berrel t of else Vttu,jini Land Board of the State ul Texas. Granter. For the stitets consideration,grants, selts and conveys to Grantee the properly, togoheTr AmTth all :and angular the rights and appurtenances thereto in anywisa beiort,q. TO HAVE A N a Til H 0 1 D the above desimbled prenllses, un[d the said Grantee, Gra vee's heirs, ada ia,islralor, successo4s and as,,ign; lorever, rand Grantor,to the extent allowt:d by Iavu, does hereby bird itself, its succ:es- xs and assigns Lr; FFLS Land W,rlmy Doo wash Spedal Vendor's Lien new. 2.11 PJ13 WARRANT AND FOREVER DEFEND,all and singular the said premises unto the said Grantee,its successors and assigns,against every person whomsoever[awfully claiming or to claim the same or any part thereof. by thcough and under Grantor but not oftmise, subject to the reservations from and exceptions to conveyance and warranty. Whefi the coMext requires, singular nouns and pronouns include the plural. Vet s Lan Bard the State of Texas r or Bill McLesnor+e Matthew G. Elledge Assistant Exeeutive Secretary Executive Secretary Legal STATE OF TEXAS COUNTY OF TRAVIS More tile. the u sigt ed hority this day personally appeared W14-�LLWY'bm 1 HvP._ K of the Veterans Land Board of the State of Texas, known to tine to be the person Wfose name is subscribed to the fortryoing instrument, and acknowledged to me that he executed the same for the purposes therein expressed and in the capacity therein stated. + Given unser my hand and seal of otsice,this the 2�1 day of !� 2t}l Notary P c,Stale of Texas 3 14M C F'FL5 Landwartarry bendvW Speckal Vemdoe5 Lien Rev. 2[12113 ' a- - 11°Y6 Asan &u+i1F0.1 571LTS CLP TgX_ ,R fielirad Jahr 141 COLRTLY Ifulcm PnKDKFO DESCIUMON of as I L-16 enrr,mo7a.r Vrmw t*.g of IL*biiae aeib.i Sham RD.4 and b4V d.oq%W ie V Atlas 142,pl9m 99&.791 df Lbe Dud Rejurda ci I—MW Couela'.TaAkg rad bmipg ole"of tL 6 94.94+9.pa"0 9f WW aU y W w Fmk L Lrek v d A imeia Am Z&zdW by deed neatdrd im Valxr.833.Pftm 4514M 1000 Seed 16-rdl mf kfiw.e S=&K nid 99349.ser rasa boil&art dE4nxr 154,Aharift W ad JSury LSO.Aialeml 1,614,.r.l#ILId mm uW ddlrad.halal P dmyariyed 4MMMO Nt4lemd1 ukaff . C--w-og A]h pent in 00 ommiw DO.hf.lol.m LNo.bas*A 94e N.A S.pl odd 99X9 gwo Nod of Opt dbr-dw p{ t'op HBLEdWiQ. the 1+loeltftk ON=of uh I'Lld.Ca 4.15 eF7mk ahidaa Ohs Herhbam 0"*w d nhd"-M AM ttad al Lied br M?r 17'3r$a dktmam of 517 d4 fAdt*F7r 3r Xr'A.dlWrtlne cf i 17°54lar per dam; 71�d.0r S 0LT 96'L14 panni MIh&K$tLwr oralld 99"*cm mm ed'k4 N sn9t est rm a lr 6150 l0 ib.d."Ilo T4*-GCeMR Of P.9d f y No.6W 16 A`diomm 2iI9-311.ihK Qmm—vj feat dry 415 I W irc-piokrrim mo&A row od'ea1139-sn�e tA.a Fnr dia s nrefmkt ff"115,715.m LMM rd Ci.d; TOCOM N rr 31' W, ►eiu6 16 lkwm for.r aaW V go•ae Wm of� (PF rlr 3u'W yQ d®d-rLI aana.wt7N rIw S9 1h pr dt.l x[199 omwl■A mmab of 177.47 Ahem(1 3,10 fm par dead)in.t9'ion p*e - 6ned iter t6$4mlhr&a ow-dk41lJ6 sera trail edlm A tZ i . Tbw* N 00*W W.parid W&1h.,Ems 1614 of ird 119"aa+y6 rt IMA ibd PM'L K4 bar ' i<rr�d oil 90 SM61FV AtU.%FWq Ina OF.Miox*gmvtwlp.to. sea , m 4 POW an tbi.i'Nwde .trM Rd do kL n4dec#n+t QF P-+wL nwkwrg we 4111 dbr it M"Wa t eavw of d6 11.16.or tnmt afNal; Vii: N 7e•97'7tr g,(K 76'w lir B par dmo woh an M tj1 la..F amd 99.969 hem 15154""Vo m wl"--d Z lit J ffiWAY io_ads,„d rd 1715-A1 feet to the PChl1 T CF 1 miu.who 11j5 a",ck, wiora cr koa,se-Wi 021 acm INi iritWA dp,Wt-ef�w.y ce r. bg, kushwILYNO.us. ° Thie deeaipdoo aar prq.fid frcwa r wr.r.rdo on ilia ArP'eod isldmr rtr Frperriaiion aaa lana 4S.1990. �I 0 x 7., �,RPLS1p 2041 EHII F A Doc# 2417027430 DOC# 2017427430 # Pages 5 06/2712017 12:52PM e-Filed & e-Recorded in the Official Public Records of NUECES COUNTY KARA SANDS COUNTY CLERK Fees $27,00 Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of Race. Color,Religion, Sex, Handicap, Familial Status or National Origin is invalid and unenforceable under FEDERAL LAW, 3112189 STATE OF TEXAS COUNTY OF NUECES I HEREBY CERTIFY THAT THIS INSTRUMENT WAS FILED IN FILE NUMBER SEQUENCE ON THE DATE AND AT THE TIME STAMPED HEREON BY ME AND WAS DULY RECORDED IN THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY TEXAS COUNTY CLERK WUFCEs couNTY TEXAS OUTSIDE CITY LIMITS WATER CONTRACT Rito M. Cristan, Jr. and Beberlyn J . Carranza Cristan 1661 FM 665 For Agricultural Use City Council Presentation August 24, 2021 VICINITY MAP g _ o � �y St ta� �I = DiL ay .. g - amres ofi �. It CR 34 P .,�City o �e =Limits H A � Subject property t... Re i 4 %n FM 665 4A" e o e AERIAL MAP Ita pi_ �FM66s PE jElT i RJ EF iY` 2-in.water line i 1661 FM RD 665 ` e Aerial with—j—Properly 13= Subject property STAFF RECOMMENDATION Approval This request is in compliance with the City Code of Ordinances Sections 55-111-113 k a ice; FN►'g65 � SUBJECT PROPERTY a AIL _ Date Created:-M27/2021 °,. 0 250 5 "_ Prepared!By:ReyR Feet -ofevelopment Services 1661 FM RD 665 \ LL Aerial with Subject Property SUBJECT PROPERTY Subject Property Corpus Christi Bay N ��►1� Map Scale:1:3,600 W6 S Cityof Corpus LOCATION MAP Christi se G� O'1 +-� H V ��oRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 24, 2021 DATE: June 29, 2021 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammye�cctexas.com 361-826-3622 Resolution to support submission of proposal under Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014)"to US Army Corps of Engineers (USACE) to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration project (Packery Channel) to remove Flood Risk Management as an authorized project purpose CAPTION: Resolution to support submission of proposal under Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014)" to US Army Corps of Engineers (USACE) to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration project (Packery Channel)to remove Flood Risk Management as an authorized project purpose SUMMARY: The Packery Channel project has been a major success for the region since project construction was completed in 2006. We have realized significant recreational and safety benefits as the maintained opened waterway provides easy access to the Gulf of Mexico for recreational boating interests. We have also realized significant fish and wildlife benefits from the project as it also provides a constant tidal exchange that has improved fishing in the Upper Laguna Madre. The jetties and associated structures were primarily built for channel alignment, protection against shoreline erosion, and for the benefit of fish and wildlife. Flood Risk Management (FIRM) benefits are incidental to the project resulting from placement of maintenance dredge material along the beach. Maintenance dredging was originally estimated to be required every year. However, since the project was completed, maintenance dredging has only been required twice. The Galveston District has informed the City the project is not eligible for assistance for rehabilitation under the USACE P.L. 84-99 Rehabilitation and Inspection Program (RIP) since the project features do not produce primary FIRM benefits. BACKGROUND AND FINDINGS: The North Padre Island Storm Damage Reduction and Ecosystem Restoration Project (Packery Channel) was authorized by Section 556 of the Water Resources Development Act of 1999 (WRDA 99) (P.L. 106- 53).The project consists of dredging a 12-foot deep by 116-foot wide channel to connect the existing Packery Channel to the Gulf of Mexico. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway(GIWW) is approximately 18,500 feet (3.5 miles). Approximately 15,000 cubic yards of estimated maintenance dredging was estimated to be required every year to keep the channel open. The maintenance dredged material is to be placed in an upland site for beach nourishment. Packery Channel experienced major damages from Hurricane Harvey in 2017. The channel had also been damaged in Hurricane Ike. The City reached out to USACE in 2008 after Hurricane Ike caused damage to the channel revetment. The City of Corpus Christi (City) reached out to USACE to see if they were eligible for assistance under the USACE P.L. 84-99 Rehabilitation and Inspection Program (RIP). For a project to be eligible for assistance, the authorized project is required to provide certain flood risk management benefits and have a benefit to cost ratio (BCR)greater than 1.0.The analysis of the project determined the BCR was less than 1.0. As such, USACE informed the City that the project could not compete for funding after Hurricane Ike. Because of the USACE determination following Hurricane Ike,the City reached out to the Federal Emergency Management Agency(FEMA) for funding to repair the damages from Hurricane Harvey. However, since Packery Channel was thought to be eligible under the USACE RIP, FEMA informed the City that the project was not eligible for assistance from FEMA due to duplicative authority with the USACE. On May 25, 2021, USACE issued a final determination that the jetties and associated structures were primarily built for channel alignment, protection against shoreline erosion, and for the benefit of fish and wildlife, which are not project purposes eligible for funding under the P.L. 84-99 (RIP). USACE further determined the Flood Risk Management (FIRM) benefits are incidental to the project since the benefits result from placement of maintenance dredge material along the beach.As such, the proposed repairs to Packery Channel were determined not to be eligible for rehabilitation assistance under P.L. 84-99 (RIP). The City is now working with FEMA to obtain funding to restore Packery Channel from the damages received four years ago from Hurricane Harvey. It took more than 3 years to resolve the confusion between USACE and FEMA. Staff recommends that The City seek to codify the USACE determination by modifying the WRDA 99 authorization for Packery Channel to remove Flood Risk Management as a project purpose. This application is the first step to be included in the 2022 Report to Congress on Future Water Resources Development. ALTERNATIVES: The council can pass the resolution supporting the Section 7001 application, or Council can choose to take no action at this time. FINANCIAL IMPACT:There is no financial impact to the city RECOMMENDATION: Staff recommends passage of this resolution to begin the process of removing Flood Risk Management as a project purpose. This would help eliminate confusion in the future and hopefully prevent the delay in funding for repairs that the City has experienced after Hurricane Harvey. LIST OF SUPPORTING DOCUMENTS: 1. Council Resolution Supporting Packery Channel Purpose Change. 2. Packery Channel Section 7001 Application 3. Draft Congressional Support Letter—sent to Federal delegation 4. Section 7001 Proposal CC Mayor Supporting letter 8 26 2021 Resolution to support submission of proposal under Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014)" to US Army Corps of Engineers (USACE) to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration project (Packery Channel) to remove Flood Risk Management as an authorized project purpose WHEREAS, The North Padre Island Storm Damage Reduction and Ecosystem Restoration Project (Packery Channel) was authorized by Section 556 of the Water Resources Development Act of 1999 (WRDA 99) (P.L. 106- 53). The project consists of dredging a 12-foot deep by 116- foot wide channel to connect the existing Packery Channel to the Gulf of Mexico. The total length of the proposed channel from the Gulf end of the jetties to the Gulf Intracoastal Waterway (GIWW) is approximately 18,500 feet (3.5 miles). Approximately 15,000 cubic yards of estimated maintenance dredging was estimated to be required every year to keep the channel open. The maintenance dredged material is to be placed in an upland site for beach nourishment. WHEREAS, the Packery Channel project has been a major success for the region since project construction was completed in 2006. We have realized significant recreational and safety benefits as the maintained opened waterway provides easy access to the Gulf of Mexico for recreational boating interests. We have also realized significant fish and wildlife benefits from the project as it also provides a constant tidal exchange that has improved fishing in the Upper Laguna Madre. Maintenance dredging was originally estimated to be required every year. However, since the project was completed, maintenance dredging has only been required twice. WHEREAS, The Packery Channel sustained major damage in Hurricane Harvey in 2017. WHEREAS, in early 2020 FEMA declined to fund repairs for the damage caused by Hurricane Harvey under the belief that Packery Channel was eligible for assistance under the USACE P.L. 84-99 Rehabilitation and Inspection Program (RIP WHEREAS, On May 25, 2021, USACE issued a final determination that the jetties and associated structures were primarily built for channel alignment, protection against shoreline erosion, and for the benefit of fish and wildlife, which are not project purposes eligible for funding under the P.L. 84-99 (RIP). USACE further determined the Flood Risk Management (FRM) benefits are incidental to the project since the benefits result from placement of maintenance dredge material along the beach. As such, the proposed repairs to Packery Channel were determined not to be eligible for rehabilitation assistance under P.L. 84-99 (RIP). WHEREAS, it took more than 3 years to resolve the confusion between USACE and FEMA. The City would like to codify the USACE determination by modifying the WRDA 99 authorization for Packery Channel to remove Flood Risk Management as a project purpose NOW THEREFORE BE IT RESOLVED, THAT THE CITY OF CORPUS CHRISTI TEXAS is pleased to submit the attached 2021 proposal in accordance with Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014). BE IT FURTHER RESOVED THAT THE CITY OF CORPUS CHRISTI TEXAS respectfully requests the U.S. Army Corps of Engineers (USACE) support the recommendation to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration (Packery Channel) project to remove Flood Risk Management (FRM) as an authorized project purpose. PASSED AND APPROVED on the day of , 2021: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Draft Proposal Request, Sec 7001 of the Water Resources and Reform Development Act of 2014 Website: https://www.usace.army.miI/Missions/Civil-Works/Project-Planning/WRRDA- 7001-Proposals/ 1. Administrative details: Name of the proposal (Required): North Padre Island Storm Damage Reduction and Environmental Restoration Project, Texas Agency preparing the proposal (Required): The City of Corpus Christi, Texas POC Name (Required): Tammy Embrey POC Phone (Required): 361-826-3622 POC Email (Required): tammye@cctexas.com Applicable States or Territories (Choose all that apply, Required): TX 2. Provide the name of the primary sponsor and all non-Federal interests that have contributed or are expected to contribute toward the non-Federal share of the proposed feasibility study or modification. Responses should NOT only refer to uploaded documents. Primary Sponsor (Required): The City of Corpus Christi, Texas Statement of Support: As the non-Federal sponsor for the project, the City of Corpus Christi maintains its commitment to USACE to ensure the North Padre Island Storm Damage Reduction and Ecosystem Restoration (Packery Channel) project is maintained in accordance with the provisions of the Project Cooperation Agreement executed on May 20, 2003. Removing FRM as an authorized project purpose will ensure future coordination between the City and the two federal agencies will enhance our ability to meet our commitments for the project. To ensure we are able to reduce confusion between federal agencies regarding roles and responsibilities for assisting in repair of storm related damages, the City is proposing a Section 7001 application to modify the section 556 of the Water Resources Development Act of 1999 (P.L. 106-53) project authorization to remove FRM as an authorized project purpose. Upload Letter of Support (Required): Upload letter 3. State if this proposal is for a feasibility study, a modification to an authorized USACE feasibility study or a modification to an authorized USACE project. If it is 1 a proposal for a modification, provide the authorized water resources development feasibility study or project name. (Required) Modification to an authorized USACE project 4. Clearly articulate the specific project purpose(s) of the proposed study or modification. Demonstrate that the proposal is related to USACE mission and authorities and specifically address why additional or new authorization is needed. Responses should NOT only refer to uploaded documents. (Required) (2000 Character Maximum) The proposed project modification would remove flood risk management as a project purpose. Based on a review of specific project design information within the Design Documentation Report (DDR), dated May 2003, and the North Padre Island Storm Damage Reduction and Environmental Restoration Project Report for Technical Soundness and Environmental Acceptability, dated March 2003; the jetties and associated structures were built to provide ecosystem restoration and recreation benefits. Flood Risk Management(FRM) benefits are incidental resulting from placement of maintenance dredge material along the beach. Maintenance dredging was originally estimated to be required every year. However, since the project was completed in 2006, maintenance dredging has only been required twice. The proposed modification to remove FRM as a project purpose will eliminate confusion between the Army Corps and FEMA in coordination of rehabilitation assistance in repairing damages caused by major coastal storm events. 5. Optional: Please upload one map or figure in PDF format (8-1/2x11" only) that clearly identifies the general vicinity of the proposal study or project area. Detailed maps are not necessary. 1 sei a NORTH PADRE ISLAND STORM DAMAGE REDUCTION AND ECOSYSTEM RESTORATION PROJECT, CORPUS CHRISTI,TX 6. To the extent practicable, provide an estimate of the total cost, and the Federal and non-Federal share of those costs, of the proposed study and, separately, an estimate of the cost of construction or modification. Responses should NOT only refer to uploaded documents. Estimated Federal Study Cost (Required): $0 Estimated Nonfederal Study Cost (Required): $0 Total Study Cost Estimate: $0 Estimated Federal Construction or Modification Cost (Required): $0 Estimated Nonfederal Construction or Modification Cost (Required): $0 Total Construction Cost Estimate: $0 Explanation (If Necessary, 2000 Character Maximum): This proposal does not delete or modify any project features. It is intended to clarify the authorizes project purposes that tie to actual benefits achieved by the project. 7. To the extent practicable, describe the anticipated monetary and nonmonetary benefits of the proposal including: benefits to the protection of human life and property; improvement to transportation; the national economy; the environment; 1 or the national security interests of the United States. Responses should NOT only refer to uploaded documents. (Required) (2000 Character Maximum) The proposal reduces costs to USACE as it removes the project from the requirement for annual and periodic inspections as part of the P.L. 84-99 Rehabilitation and Inspection Program. 8. Does local support exist? If 'Yes', describe the local support for the proposal. Responses should NOT only refer to uploaded documents. (Required) See 10. below for upload of local support, e.g., NGOs, government agencies, academia, etc. Yes. By letter, dated August 26, 2021 , the City of Corpus Christi, Texas and Citiy Council Resolution passed August 24, 2021 stated its intent to continue to act as the non-federal sponsor for the project. 9. Does the primary sponsor named in (2.) above have the financial ability to provide for the required cost share? (Required) Yes 10. Upload any additional proposal documentation. All provided information may be included in the Annual Report. Upload any Congressional or local interest support letters. 1 August 26, 2021 Colonel Timothy Vail Commander U.S. Army Corps of Engineers Galveston District 2000 Fort Point Road Galveston, Texas 77550 RE: Letter of Support for WRDA 2014 § 7001 Application Dear Colonel Vail: The City of Corpus Christi, Texas (City) is pleased to submit the attached 2021 proposal in accordance with Section 7001 of the Water Resources Reform and Development Act of 2014 (WRDA 2014). We respectfully request the U.S. Army Corps of Engineers (USACE) support the recommendation to modify the North Padre Island Storm Damage Reduction and Ecosystem Restoration (Packery Channel) project to remove Flood Risk Management (FRM) as an authorized project purpose. The Packery Channel project has been a major success for the region since project construction was completed in 2006. We have realized significant benefits as the maintained opened waterway provides easy access to the Gulf of Mexico for recreational and safety benefits. We have also realized significant fish and wildlife benefits from the project as it also provides a constant tidal exchange that has improved fishing in the Upper Laguna Madre. Flood Risk Management (FRM) benefits are incidental to the project resulting from placement of maintenance dredge material along the beach. It was our understanding that maintenance dredging was originally estimated to be required every year. However, since the project was completed, maintenance dredging only has been required twice. Since the project features do not produce primary FRM benefits, the Galveston District has informed the City the project is not eligible for rehabilitation assistance under the USACE P.L. 84-99 Rehabilitation and Inspection Program (RIP). The fact the project never realized its FRM purpose has been a major issue as the City has struggled to identify funding sources to repair damages from major coastal storm events. Packery Channel experienced major damages from Hurricane Harvey in 2017. For more than 3 years, we worked with USACE and the Federal Emergency Management Agency(FEMA)to identify the federal agency that could assist in repairing the project. Initially, FEMA was unable to assist as the project was thought to be eligible for assistance under the USACE P.L. 84-99 Rehabilitation and Inspection Program (RIP). In our coordination with USACE, we were informed that since the jetties and associated structures were primarily built for channel alignment,protection against shoreline erosion, and for the benefit of fish and wildlife, the project did not meet the economic criteria for funding under RIP. We believe this confusion was finally resolved on May 25, 2021 with the receipt of the letter from your District that informed the City that a determination was finally made stating Packery Channel is not eligible for RIP. The City has now begun coordination with FEMA to identify the potential funding source to repair the damages which took place almost four years ago during Hurricane Harvey. To ensure we do not experience this issue again, the City is submitting a Section 7001 application to modify the section 556 of the Water Resources Development Act of 1999 (P.L. 106- 53)project authorization to remove FRM as an authorized project purpose. The City of Corpus Christi appreciates the work of USACE Galveston District, and the assistance it has provided to us on this issue. As the non-Federal sponsor for the project, the City maintains its commitment to USACE to ensure the project is maintained in accordance with the provisions of the Project Cooperation Agreement executed on May 20, 2003. Removing FRM as an authorized project purpose will ensure our ability to meet our commitments for the project. Please contact Tammy Embrey on my staff at 361-826-3622 or tammyegcctexas.com, if you need any additional information. Sincerely, Paulette M. Guajardo Mayor 0 E AGENDA MEMORANDUM CORPOR I First Reading for the City Council Meeting of August 24, 2021 1852 Second Reading for the City Council Meeting of August 31, 2021 DATE: August 10, 2021 TO: Peter Zanoni, City Manager FROM: Dante Gonzalez, Interim Director of Parks and Recreation DanteG(a)cctexas.com (361) 826-5728 Josh Chronley, Assistant Director of Contracts and Procurement Josh C2(a)cctexas.com (361) 826-3169 Community Youth Development Program Contract and Appropriation of Funds for FY21-26 CAPTION: Ordinance authorizing execution of the Community Youth Development Program contract with the Texas Department of Family and Protective Services from September 1 , 2021 to August 31 , 2026 in the amount of $2,406,250.00, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys and Girls Club of the Coastal Bend, Inc. in the approximate annual amount of $36,453.63, Communities in Schools of the Coastal Bend in the approximate annual amount of $185,353.18, and the YWCA Corpus Christi in the approximate annual amount of$37,941 .10. SUMMARY: The Texas Department of Family and Protective Services awarded the City of Corpus Christi, Community Youth Development Program (CYD) $385,000 for the term of September 1 , 2021 , to August 31 , 2022. The remaining funding of $2,021 ,250.00 will be awarded in the amount of $505,312.50 annually, from September 1 , 2022 —August 31 , 2026. Out of the awarded amount of $385,000 for September 1 , 2021 , to August 31 , 2022, a total of$259,747.91 will be designated for subcontracts with the remaining $125,251.61 being budgeted for the Community Youth Development Program to include salaries, travel, supplies, assets, and other expenses. BACKGROUND AND FINDINGS: The Texas Department of Family and Protective Services (DFPS) is the funding source for the Community Youth Development Program (CYD). The CYD program was established in 1995 by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence count. The methodology involved selecting ZIP codes with the highest number of juvenile probation referrals within Texas counties. ZIP code 78415 was identified as such an area and was selected for the CYD program. The CYD program provides funding for prevention services that are directly linked to juvenile delinquency prevention through subcontractors. In FY21, the City of Corpus Christi's Purchasing Department released a Request for Proposal (RFP 3529) for providers to service the youth of the 78415 ZIP code area with youth services including, but not limited to, a Youth Advisory Committee, youth leadership development, life skills development, conflict resolution, mentoring, and various other services. A review committee was formed, and proposals were reviewed. Three service providers were recommended to be awarded funding. Based on those recommendations, and as included in the budget approved by DFPS in this contract award No. HHS0008417, we recommend awarding contracts to subcontractors Boys and Girls Club of the Coastal Bend, Inc., Communities in School of the Coastal Bend, and YWCA Corpus Christi. PROCUREMENT DETAIL: Contracts and Procurement conducted a competitive Request for Proposal (RFP 3529) process to obtain and qualify proposals for Community Youth Development Program Services. Three firms submitted for the Community Youth Development Program RFP. The Boys and Girls Club of the Coastal Bend, Inc., Communities in Schools of the Coastal Bend, and the YWCA Corpus Christi qualified for the Community Youth Development Program. The selection committee was comprised of representatives from Parks and Recreation, Housing and Community Development and the Utilities Department. The final evaluation ranked and qualified the Boys and Girls Club of the Coastal Bend, Inc., Communities in Schools of the Coastal Bend, and the YWCA Corpus Christi based on five factors: 1) background and experience, 2) performance goals. 3) program delivery, 4) financial stability, and 5) reasonable project cost. The Boys and Girls Club of the Coastal Bend, Inc., Communities in Schools of the Coastal Bend, and the YWCA Corpus Christi have continually provided Community Youth Development Program Services for City. The Community Youth Development Program Services provides grant funded assistance to youth through the age of 17 that live in or attend schools in the 78415 ZIP code area. This Program provides needed services to assist at-risk youth by providing services that include involvement in a youth advisory committee, leadership development, mentoring programs and parental involvement programs. ALTERNATIVES: Alternatives include seeking other subcontractors to award the grant funds to or choosing not to accept the grant funds entirely. However, both of these alternatives would have a significantly negative impact on the community in the 78415 ZIP code area. FISCAL IMPACT: FUNDING DETAIL: Fund: Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of this Ordinance appropriating grant funds for the Community Youth Development Program as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Evaluation Matrix Interlocal Contract Service Agreement — Boys & Girls Club of the Coastal Bend, Inc. Service Agreement — Communities in Schools Service Agreement —YWCA Corpus Christi Ordinance authorizing the execution of the Community Youth Development Program contract with the Texas Department of Family and Protective Services from September 1, 2021 to August 31, 2026 in the amount of $2,406,250.00, and appropriation of the funds in the No. 1060 Grants Fund for the Community Youth Development Program; and authorizing subcontracts with Boys and Girls Club of the Coastal Bend, Inc. in the approximate annual amount of $36,453.63, Communities in Schools of the Coastal Bend in the approximate annual amount of $185,353.18, and the YWCA Corpus Christi in the approximate annual amount of$37,941.10. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or designee is authorized to execute the Community Youth Development program contract with the Texas Department of Family and Protective Services from September 1 , 2021 to August 31 , 2026 in the amount of $2,406,250.00, and is also authorized to execute subcontracts with the Boys and Girls Club of the Coastal Bend, Inc., Communities in Schools of the Coastal Bend, Inc., and the YWCA Corpus Christi. A copy of the agreements will be filed with the office of the City Secretary. SECTION 2. That the contract funds are appropriated in the No. 1060 Grants fund for the Community Youth Development Program. SECTION 3. This Ordinance takes effect upon approval by City Council. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021 , by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021 . ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor GRANT AGREEMENT NUMBER: HHS000841700013 N502 FORM-2282G AGENCY ID: 24817202 NOVEMBER 2019 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT AGREEMENT I. PURPOSE. The Texas Department of Family and Protective Services (DFPS) and City of Corpus Christi (Grantee) (referred to herein as each a "Party" and collectively as the "Parties") enter into this Grant Agreement for Community Youth Development (CYD) services (Grant). II. LEGAL AUTHORITY. This Grant is entered under DFPS' statutory authority in Texas Human Resources Code Chapter 40. III. PERIOD OF PERFORMANCE. This Grant starts on September 1, 2021 and ends on August 31, 2026, and can be renewed, extended or terminated as provided for in this Grant. Following the base term, DFPS, at its sole option, may extend any resulting Grant Agreement for one additional 12-month term to complete a new Request for Application or transition to a new Grantee. IV. TOTAL AMOUNT OF THIS GRANT. The total amount of this Grant will not exceed $2,406,250. All expenditures under this Grant will be in accordance with the Budget (Attachment B). V. STATEMENT OF WORK. The Grantee will perform the work and provide services as provided for in Attachment A (Statement of Work). All work and services provided under this Grant must be in accordance with all state and federal laws, rules and regulations. VI. GRANT INFORMATION. The attached Budget contains the Grant Information. PEI may use a Notice of Award to announce, modify, or clarify the annual Grant budget, source of funding, Performance Measures, QIP terms, or other Grant requirements. VII. CONTRACT (GRANT) MANAGER. These Contract (Grant) Managers are authorized to administer activities and receive notices and general correspondence for this Grant by sending it to them as provided below. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT AGREEMENT PAGE 1 GRANT AGREEMENT NUMBER: HHS000841700013 N502 FORM-2282G AGENCY ID: 24817202 NOVEMBER 2019 A. DFPS Brittney Briones Contract (Grant) Manager Brown-Heatly Building, 41" Floor 4900 North Lamar Austin, Texas 78751 512-994-7354 Brittney.Briones@dfps.texas.gov B. GRANTEE Lisa Oliver Interim Assistant Director, Parks and Recreation Department 1201 Leopard St. Corpus Christi, Texas 78401 361-826-3132 LisaO@cctexas.com VIII. ATTACHMENTS. The Parties agree to comply with the following Attachments and that they are attached and incorporated as part of this Grant. Attachment A - Statement of Work Attachment B - Budget Attachment C - DFPS Grant Uniform Terms and Conditions Attachment D - DFPS Grant Supplemental and Special Conditions Attachment E - Federal Assurances and Certifications Attachment F - Request for Application IX. SIGNATURES. By signing below, the following signatories certify that they have the requisite legal authority to bind their respective Party and that this Grant Agreement represents the final agreement of the Parties. DFPS GRANTEE Jaime Masters Lisa Oliver Commissioner Interim Assistant Director DATE: DATE: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT AGREEMENT PAGE 2 RFA HHS0008417 ATTACHMENT A STATEMENT OF WORK This Statement of Work (SOW) provides an executive level summary of the Grantee's proposed service delivery program, a list of core services, coalition work, other contracted work, the primary service area, the eligible population, annual performance measures, and additional grant requirements. Any changes to this SOW require a formal Grant amendment. Community Youth Development Program GRANT INFORMATION Grantee Name: Grant Term: City of Corpus Christi September 1, 2021 through August 31, 2026 Grant Agreement Number: Agency ID: 24817202 HHS000841700013 PRIMARY SERVICE AREA List all primary counties and zip codes that will be the focal point of services for this Grant. Note: Additional counties may be served in accordance to the RFA. The service area will be listed in the Project Work Plan. Nueces County - 78415 ZIP Code DIRECT SERVICES (include only services funded by PEI under this Grant) Briefly list the services that will be provided, and which agencies will be providing these services (if applicable). Agency Providing Service Service Type Program Curriculum/Model to be used if applicable) See Project Work Plan Mentoring Model/Curriculum as indicated in the Project Work Plan See Project Work Plan Youth Leadership Model/Curriculum as Development indicated in the Project Work Plan See Project Work Plan Youth Advisory Committee Model/Curriculum as indicated in the Project Work Plan See Project Work Plan Post-High School Readiness Model/Curriculum as indicated in the Project Work Plan See Project Work Plan Additional CYD Program Model/Curriculum as Services indicated in the Project Work Plan COMMUNITY AND SYSTEMS SUPPORT See Project Work Plan OTHER CONTRACTED WORK See Project Work Plan RFA HHS0008417 ATTACHMENT A ELIGIBLE POPULATION A. The eligible population requirements are described below: 1. Grantee will serve Youth ages 6-17 and their Families who live in or attend public school in the proposed ZIP Code(s) or attend school at a public middle or high school located outside of the proposed ZIP Code(s) that has at least 30% enrollment from the ZIP Code(s). 2. The target age range for Youth served is 10-17 years. Youth under age 6 are not eligible for CYD. Youth served from ages 6-9 cannot exceed 30% of the Performance Measure for annual unduplicated Index Youth served. 3. Youth who turn 18 years old during the school year will be permitted to participate in CYD until meeting program goals or the end of the current fiscal year, provided they were 6-17 years old when first enrolled in CYD. 4. Family members of Index Youth are eligible if the goal of the activity or opportunity involves promoting Positive Youth Development or increasing Protective Factors of Youth. 5. Youth who spend a significant amount of time in an SDA but do not meet the above eligibility criteria. For example, a Youth who spends regular time at a recreation center or with a relative in the Grantee's SDA. This flexible approach allows CYD to reach Youth who consider the Grantee's SDA part of their community and provide them with CYD opportunities. Grantee must provide justification on the PEI enrollment form that Index Youth is eligible under this flexible approach. 6. Youth who are currently on probation are not eligible for the CYD program. A Youth is eligible 12 months post probation. Youth whose cases are pre-adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible to participate in CYD. PEI reserves the right to alter eligibility criteria during the Period of Performance. B. To be eligible to participate in Grantee's CYD program, Youth must exhibit at least two priority characteristics as referenced in the RFA, Section 2.5.3 Eligible Population. ANNUAL GRANTEE OUTPUTS AND OUTCOMES OUTPUTS TARGET OUTPUT 1: Expected average number of Index FY 22: 815 Youth served annually. FY 23: 815 FY 24: 815 FY 25: 815 FY 26: 815 OUTPUT 2: Expected number of Index Youth FY 22: 375 served during the school year (September — FY 23: 375 May). FY 24: 375 FY 25: 375 FY 26: 375 OUTPUT 3: Expected number of Index Youth FY 22: 275 served during the summer (June — August). FY 23: 275 FY 24: 275 FY 25: 275 FY 26: 275 RFA HHS0008417 ATTACHMENT A OUTPUT 4: Index Youth will complete the PEI 50% Program Experience Survey at Discharge. OUTPUT 5: Index Youth will complete a 60% matching pre-service and post-service survey as designated by PEI. OUTCOMES TARGET OUTCOME 1: 10-17-year-old Index Youth will 100% not engage in delinquent behavior. OUTCOME 2: Index Youth report positive 80% outcomes in at least one domain of the Program Experience Survey at discharge. OUTCOME 3: Index Youth improve in at least 75% one domain or area of the survey chosen by PEI between re- andpost-service. REPORTING REQUIREMENTS 1. Grantee will submit a monthly expenditure report using the format provided by DFPS for allowable expenses that includes an invoice and a scanned purchase voucher with an original signature. 2. Grantee will work with DFPS during that last month of the fiscal year to submit accurate year-end expenditures as soon as possible. 3. Grantee will enter all required data into PEIRS according to specified timeline. 4. Grantee will submit a Quarterly Report using the template and guidance provided by DFPS. 5. Grantee will report additional data elements as required by DFPS. OTHER REQUIREMENTS Grantee will implement any evidence-based model(s) outlined in its approved budget and Project Work Plan according to the specified model elements and requirements for each program model. Curricula, assessments, screening tools, data collection, and protocols required by the program model(s) must be used. Grantee must complete ongoing trainings or meetings that are required by PEI and the specified program model(s). Grantee must use the PEIRS data collection system required by DFPS. All required data must be entered directly into PEIRS, and the Grantee must perform a quality check to ensure all data required by DFPS is included and the data is accurate. This quality check must include timely review and response to DFPS-generated quality assurance reports. Data must be entered each month according to DFPS requirements and guidance. Grantee will take all appropriate steps to maintain participant confidentiality and obtain any necessary written participant consents for data analysis or disclosure of protected health information, in accordance with applicable federal and state laws, including, but not limited to, authorizations, data use agreements, and business agreements, as necessary. To ensure participant health and safety, Grantee must follow DFPS requirements regarding criminal background checks and records maintenance. Grantee must provide flexible schedules to direct service staff and supervisors to allow for evening and weekend work to accommodate participants' schedules. RFA HHS0008417 ATTACHMENT A Grantee will monitor all subawards and contracts according to PEI requirements and guidance to ensure that all are adhering to Grant requirements. Grantee must participate in PEI-required evaluation activities administered through PEI research and evaluation and any contracted partners (if applicable). Grantee may not engage in research on program staff and/or participant population without prior written authorization from PEI and the program model(s). Grantee may not use the DFPS name, logo, or insignia on forms or other materials related to PEI-funded services. This includes forms (e.g. consent forms) and materials distributed to the Grantee's participants. GRANT AGREEMENT NUMBER: HHS000841700013 AGENCY ID: 24817202 ATTACHMENT B BUDGET City of Corpus Christi Community Youth Development (CYD) A. Grant Total Value The Grant total value includes both the annual budget amounts and the potential Quality Incentive Project (QIP) payments. This amount is the projected potential value. Actual budget amounts must be confirmed through the Notice of Award process as referenced in Section D of this attachment. B. Annual Budget DFPS will pay the Grantee an annual amount not to exceed the total agreed upon amount in the Grantee's Notice of Award. C. Quality Incentive Project (QIP) 1. PEI may award QIP payments if Grantee is high performing for achieving deliverables and unspent appropriated funding is identified and approved for disbursement. 2. QIP payments, if approved, will not exceed 25% of the Grantee's annual budget. D. Notice of Award DFPS may modify the annual award amount at any time during the Grant by issuing a Notice of Award to the Grantee. E. Form 2030 PEI Budget Expenditure Workbook This award is supported by Form 2030 PEI Budget Expenditure Workbook which is updated annually and modified throughout the fiscal year to reflect expenditures and any changes to the budget. F. Invoice and Payment 1. Payments are on a monthly cost-reimbursement basis in response to an invoice and purchase voucher. 2. Grantee will submit an invoice and purchase voucher monthly, no later than the last day of the month following that in which the expenditure occurred. If the last day falls on a weekend or holiday, the documents are due the next business day. 3. Grantee shall submit a final close-out invoice annually, not later than 45 calendar days following the end of the fiscal year. Reimbursement requests received more than 45 calendar days following the termination of the Grant may not be paid. 4. PEI will pay Grantee from available funds for services rendered in accordance with the terms of this Grant Agreement upon receipt of a GRANT AGREEMENT NUMBER: HHS000841700013 AGENCY ID: 24817202 ATTACHMENT B BUDGET proper and verified invoice and after deduction of any known previous overpayment made by DFPS. G. GRANT INFORMATION. 1. For the purposes of this Grant, City of Corpus Christi (DUNS No. 069457786) is considered a sub-recipient and is funded with state general revenue and funds from the U.S Department of Health and Human Services, Promoting Safe and Stable Families, Title IV-B, Subpart 2 of the Social Security Act; CFDA 93.556. The exact amount of state or federal funding is determined at the end of each subsequent fiscal year. DFPS will provide the Grantee, in writing, the exact amount of federal or state dollars used to fund the Grant upon written request from the Grantee. DFPS reserves the right to fund this RFA with other state or federal sources during the lifecycle of the Grant. 2. For the duration of the Grant, the most recent award letter will be available at the following URL: https://www.dfps.state.tx.us/Doing Business/NoA/default.asp N502 FORM-5645G ATTACHMENT C JANUARY 2020 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS SECTION I FUNDING AVAILABILITY & FINANCIAL A. FUNDING AVAILABILITY. 1. This Contract is contingent upon the continued availability of funding. If funds become unavailable through the lack of appropriations, legislative or executive budget cuts, amendment of the Appropriations Act, state agency consolidation or any other disruptions of current appropriations, DFPS will reduce or terminate this Contract. 2. DFPS is prohibited from incurring obligations in excess of amounts lawfully appropriated by the Texas Legislature over the course of a biennium. B. PROMPT PAYMENT. DFPS will pay Grantee according to the Prompt Payment Act, Texas Government Code Chapter 2251, unless the terms of a federal contract, grant, regulation, or statute prevent the DFPS from making a timely payment with federal funds. C. TRAVEL EXPENSES. Travel expenses authorized by this Contract will be reimbursed according to the rates set by the State of Texas TexTravel (or its successor) program. Furthermore, DFPS reserves the right to reimburse at a rate equal to the rate DFPS employees receive even if the rates set by the State of Texas TexTravel are higher. D. NO DEBT AGAINST THE STATE. For Grantees that are not governmental entities, this Contract will not be construed as creating any debt by or on behalf of the State of Texas. E. DEBT TO STATE. If a law prohibits the Texas Comptroller of Public Accounts from making a payment, the Grantee acknowledges that DFPS' payments under the Contract will be applied toward eliminating the Grantee's debt or delinquency, regardless of when it arises. F. RECAPTURE OF FUNDS. Grantee agrees that: 1. DFPS will withhold all or part of any payments to Grantee to offset overpayments made to Grantee. Overpayments, as used in this Section, include payments made by DFPS that exceed the maximum allowable rates, not allowed under applicable laws, rules, or regulations or that are otherwise inconsistent with this Contract, including any unapproved expenditures; TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 1 N502 FORM-5645G JANUARY 2020 2. It will return to DFPS any amounts paid that are disallowed pursuant to financial and compliance audit(s) of funds received under this Contract; and 3. Reimbursement of such disallowed costs will be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Contract or from a source of federal funds derived from programs administered by DFPS or the State of Texas. G. FINANCIAL REMEDIES. In addition to any other remedy under law, DFPS reserves the right to implement financial remedies based on monitoring or audit findings related to violations of this Contract's requirements including recovery of all actual damages DFPS accrues as a result of a Grantee's noncompliance. As applicable to this Contract, additional financial remedies or liquidated damages may be provided for in this Contract's Supplemental and Special Conditions. H. ALLOWABLE COSTS. DFPS will reimburse the allowable costs incurred in performing the Contract that are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Contract. DFPS will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. If DFPS has paid funds to Grantee for unallowable or ineligible costs, DFPS will notify Grantee in writing, and Grantee shall return the funds to DFPS within 30 calendar days of the date of this written notice. DFPS will withhold all or part of any payments to Grantee to offset reimbursement for any unallowable or ineligible expenditure that Grantee has not refunded to DFPS, or if financial status report(s) required under the Financial Status Reports section are not submitted by the due date(s). DFPS will take repayment (recoup) from funds available under this Contract in amounts necessary to fulfill Grantee's repayment obligations. Applicable cost principles, audit requirements, and administrative requirements include the following chart. Furthermore, OMB Circulars will be applied with the modifications prescribed by UGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. Applicable Applicable Audit Administrative Entity Cost Principles Requirements Requirements State, Local and 2 CFR, Part 225 2 CFR Part 200, 2 CFR Part 200 Tribal Subpart F and and UGMS Governments UGMS Educational 2 CFR, Part 220 2 CFR Part 200, 2 CFR Part 200 Institutions Subpart F and and UGMS UGMS Non-Profit 2 CFR, Part 230 2 CFR Part 200, 2 CFR Part 200 Organizations Subpart F and and UGMS UGMS TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 2 N502 FORM-5645G JANUARY 2020 Applicable Applicable Audit Administrative Entity Cost Principles Requirements Requirements For-profit 48 CFR, Part 31 2 CFR Part 200, 2 CFR Part Organization other Contract Cost Subpart F and 200 and than a hospital Principles Procedures, TxGMS TxGMS or uniform cost accounting standards that comply with cost principles acceptable to the federal or state awarding agency I. INDEPENDENT SINGLE OR PROGRAM-SPECIFIC AUDIT. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The $750,000 federal threshold amount includes federal funds passed through by way of state agency awards. If Grantee, within Grantee's fiscal year, expends a total amount of at least $750,000 in state funds awarded, Grantee must have a single audit or program-specific audit in accordance with TxGMS, State of Texas Single Audit Circular. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and UGMS. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or UGMS, as applicable, for their program-specific audits. HHSC Single Audit Services will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the Single Audit Determination Form within 30 calendar days after notification by HHSC Single Audit Services to do so then, Grantee shall be subject to the DFPS sanctions and remedies for non-compliance with this Contract. Each Grantee that is required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as, with the provisions of UGMS. J. SUBMISSION OF AUDIT. Within 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit electronically, one copy of the Single Audit or Program-Specific Audit to the DFPS as directed in this Contract and another copy to: singleauditreport@hhsc.texas.gov. K. INSURANCE. For Grantees that are not governmental entities, the following applies. 1. Unless otherwise specified in this Contract, its' Supplemental and Special Conditions or the solicitation that this Contract resulted from, Grantee will acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 3 N502 FORM-5645G JANUARY 2020 thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry or as determined by DFPS. 2. Grantee will provide evidence of insurance upon request by DFPS. 3. In the event that any policy is determined by DFPS to be deficient and does not comply with the terms of this Contract, Grantee will secure such additional coverage as required by DFPS, law or regulation. 4. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. L. NONSUPPLANTING. Grantee shall not use funds from this Contract to replace or substitute for existing funding from other sources but shall use funds from this Contract to supplement existing state or local funds currently available. Grantee shall make a good faith effort to maintain its current level of support. Grantee will be required to submit documentation substantiating that a reduction in state or local funding, if any, resulted for reasons other than receipt or expected receipt of funding under this Contract. SECTION II RECORDS — ACCESS, AUDIT & RETENTION A. RECORDS RETENTION AND ACCESS. 1. Grantee will keep and maintain, as applicable, accurate and complete records necessary to determine compliance with this Contract and applicable laws. 2. Grantee will provide access to its records to DFPS, the Texas State Auditor's Office (SAO), the Federal Government, and their authorized representatives. 3. Unless otherwise specified in this Contract, Grantee will maintain legible copies of this Contract and all related documentation for a minimum of seven years after the termination of this Contract or seven years after the completion of any litigation or dispute involving the Contract, whichever is longer. 4. THE GRANTEE WILL NOT DISPOSE OF RECORDS BEFORE PROVIDING THE DFPS CONTRACT MANAGER WRITTEN NOTICE OF ITS INTENT TO DISPOSE OF RECORDS AND RECEIVING WRITTEN APPROVAL FROM THE DFPS CONTRACT MANAGER. B. SAO AUDIT. 1. Grantee understands that acceptance of funds under this Contract or through a subcontract acts as acceptance of the authority of the SAO or any successor agency, to conduct an audit or investigation in connection with those funds. 2. Under the direction of the Legislative Audit Committee, an entity that is the subject of an SAO audit or investigation must provide the SAO access to any information that is considered relevant. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 4 N502 FORM-5645G JANUARY 2020 3. Grantee agrees to cooperate fully with the SAO, or its successor, in the conduct of the audit or investigation, including providing all records requested. 4. Grantee will ensure that this clause, concerning the authority to audit funds received indirectly by subgrantees related to this Contract and the requirement to cooperate, is included in any subcontracts it awards. C. COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS. 1. Grantee will implement all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, accounting principle, or deficiency identified in any audit, review, or inspection of this Contract. 2. Any such correction will be at Grantee or its subgrantee's sole expense. 3. Whether Grantee's action corrects the noncompliance will be solely the decision of DFPS. 4. Grantee must provide, at DFPS' request, a copy of those portions of Grantee's and its subgrantees' internal audit reports relating to this Contract. D. CONFIDENTIAL INFORMATION. 1. Grantee agrees to only use DFPS confidential information for the purpose of this Contract and comply with all applicable state and federal laws when it receives and stores DFPS confidential information, including, but not limited to, the following enumerated. This includes any communication or record regardless of form or format provided or made available through any means and includes records or information that identifies DFPS children or clients. a. Section 106 of the Child Abuse Prevention and Treatment Act (CAPTA), codified at 42 U.S.C. 5106a; b. Section 471 of Title IV-E of the Social Security Act, codified at 42 U.S.C. 671(a)(8), and related federal rules at 45 CFR 1355.30 & 45 CFR 205.50; c. Social Security Administration Data, including, without limitation, Medicaid information (The Social Security Act, 42 U.S.C. Chapter 7); d. Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g; 34 CFR Part 99; e. Protected Health Information, including Electronic Protected Health Information or Unsecured Protected Health Information under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), 42 U.S.C. Chapter 7, Subchapter XI, Part C; 45 CFR Parts 160 and 164; f. Confidentiality of Alcohol and Drug Abuse Patient Records, 42 U.S.C. §290dd-2; 42 CFR Part 2; g. Federal Tax Information, Internal Revenue Code, Title 26 of the United States Code including IRS Publication 1075; h. The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. §552a; i. Personal Identifying Information defined by Texas Business and Commerce Code Chapter 521, and OMB Memorandum 07-16, TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 5 N502 FORM-5645G JANUARY 2020 Safeguarding Against and Responding to the Breach of Personally Identifiable Information; j. Texas Family Code §261.201 and related provisions in Chapters 261 and 264; k. Texas Health and Safety Code §81.046 and Chapters 181 and 611; I. Texas Human Resources Code §12.003, §40.005, and Chapter 48; m. Texas Public Information Act, Texas Government Code Chapter 552; n. 19 Texas Administrative Code Chapter 702 Subchapter F (Child Protective Services), and Chapter 705 Subchapter M (Adult Protective Services); and o. Criminal History Record Information guidelines in the FBI's Criminal Justice Information Services (CJIS) Security Policy. 2. Grantee will notify DFPS immediately, but not later than 24 hours, after Grantee discovers any possible or actual unauthorized disclosure or breach of DFPS confidential information. Grantee will also fully cooperate with DFPS in investigating, mitigating and issuing notifications for an unauthorized disclosure or breach as directed by DFPS. 3. Grantee will only disclose information according to applicable law and will notify DFPS as required by the applicable law, when it makes a disclosure. 4. In the event the Grantee receives a request or demand for confidential information or records in connection with any discovery, investigative, civil, criminal or other similar legal process, before the Grantee can release, they will provide DFPS with written notice of this request or demand within two business days of receiving it. DFPS will provide prompt notice to the Grantee whether they have no objection to the release or they plan to seek a protective order to prevent the release. E. PUBLIC INFORMATION ACT. 1. Information related to this Contract will be subject to the Public Information Act (PIA) found at Texas Government Code Chapter 552 and withheld from public disclosure or released only in accordance with the PIA. 2. In accordance with Section 2252.907 of the Texas Government Code, the Grantee is required to make any information created or exchanged with DFPS pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to DFPS. SECTION III OWNERSHIP & INTELLECTUAL PROPERTY A. OWNERSHIP. DFPS owns all work produced by Grantee under this Contract. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 6 N502 FORM-5645G JANUARY 2020 B. INTELLECTUAL PROPERTY. 1. To the extent any services, deliverables or work performed by Grantee results in the creation of intellectual property, all right, title, and interest in and to such intellectual property, will vest in DFPS upon creation and will be deemed to be a "work made for hire," and made in the course of the services rendered pursuant to this Contract. 2. To the extent that title to any such intellectual property will not by law vest in DFPS, or such intellectual property will not be considered a "work made for hire," Grantee hereby irrevocably assigns all rights, title, and interest therein to DFPS. 3. Grantee must give DFPS and the State of Texas, as well as, any person designated by DFPS or the State of Texas, all assistance required to perfect the rights defined in this Section, without any additional charge or expense beyond the stated amount payable to Grantee authorized under this Contract. SECTION IV NOTICE A. NOTICE OF LEGAL MATTER OR LITIGATION. Grantee will notify their assigned DFPS Contract Manager of any litigation or legal matter related to or affecting this Contract within seven calendar days of Grantee becoming aware of the litigation or legal matter. B. NOTICE OF CHANGE IN CONTACT PERSON OR KEY PERSONNEL OR MATTERS IMPACTING CONTRACT. The Grantee will notify their assigned DFPS Contract Manager within ten days of any change to the Grantee's Contact Person or Key Personnel in the Contract or any matter impacting the Contract, which includes but is not limited to changes to Grantee's name or identity, ownership, control, governing board membership, any problem or potential problem associated with its performance or services, or payee identification number. C. COMPLAINT REPORTING. Unless otherwise noted in this Contract, DFPS will contact the Grantee when it receives a complaint about the Grantee and advise the Grantee whether DFPS will conduct an investigation or will coordinate with the Grantee for an investigation. When DFPS requires the Grantee to conduct any part of the complaint investigation, Grantee must respond in writing to DFPS with all information and according to DFPS's requirements and specified time frames. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 7 N502 FORM-5645G JANUARY 2020 SECTION V AMENDMENT A. BILATERAL AMENDMENT. Except as provided for in the Unilateral Amendment section below, this Contract can only be changed by a Bilateral Amendment executed by both Parties. B. UNILATERAL AMENDMENT. A Unilateral Amendment will be issued by DFPS and it will be effective on the date that is specified in the Unilateral Amendment. DFPS has sole discretion as to whether a change to the Contract cannot be a Unilateral. DFPS will issue a Unilateral Amendment to: 1. Correct an obvious clerical error; 2. Modify a Contract Number or Agency ID Number; 3. Incorporate new or revised state or federal laws, regulations, rules or policies; 4. Comply with a court order or judgment; 5. Update service level description or daily rates; 6. Update Grantee's name as recorded by the Secretary of State, as required by law or as authorized by DFPS; 7. Change either Party's Contract Manager or contact information; 8. Change any recorded license number based on information obtained from the agency or entity issuing the license; and 9. For Open Enrollments only, add or delete a geographic service area, service delivery location, or service type, as long as it is part of a current Open Enrollment. SECTION VI TERMINATION A. TERMINATION FOR CONVENIENCE. DFPS will terminate the Contract, in whole or in part, at any time when, in its sole discretion, DFPS determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in DFPS' notice of termination. B. TERMINATION FOR CAUSE. 1. If the Grantee fails to provide the services or goods required by this Contract or fails to comply with any terms or conditions of it, DFPS will terminate the Contract in whole or part. 2. In addition to any other remedy allowed by law, Grantee will be responsible to DFPS for all costs incurred by DFPS and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute Grantee and the cost of any claim or litigation that is reasonably attributable to Grantee's failure to provide services or goods. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 8 N502 FORM-5645G JANUARY 2020 C. EQUITABLE SETTLEMENT. Any early termination under this Contract will be subject to the equitable settlement of the respective interests of the Parties up to the date of termination. SECTION VII GENERAL PROVISIONS A. GOVERNING LAW AND VENUE. This Contract and the rights and obligations of the Parties will be governed by and construed according to the laws of the State of Texas, exclusive of any conflicts of law provisions. Venue for any suit brought under this Contract will be in a court of competent jurisdiction in Travis County, Texas unless otherwise elected by DFPS. Grantee irrevocably waives any objection, including any objection to personal jurisdiction or the laying of venue or based on the grounds of forum non conveniens, which it will now or hereafter have to the bringing of any action or proceeding in such jurisdiction with respect to this Contract. B. INDEMNITY. THE FOLLOWING APPLIES TO GRANTEES THAT ARE NOT GOVERNMENTAL ENTITIES. 1. GRANTEE WILL DEFEND, INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND ITS OFFICERS AND EMPLOYEES, AND DFPS AND ITS OFFICERS AND EMPLOYEES, FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES, AND LIABILITIES, INCLUDING ATTORNEYS' FEES AND COURT COSTS, ARISING OUT OF OR RESULTING FROM: a. GRANTEE'S PERFORMANCE UNDER THE CONTRACT, INCLUDING ANY NEGLIGENT ACTS OR OMISSIONS OF GRANTEE, OR ANY AGENT, EMPLOYEE, SUBGRANTEE, OR SUPPLIER OF THE GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; b. ANY BREACH OR VIOLATION OF A STATUTE, ORDINANCE, GOVERNMENTAL REGULATION, STANDARD OR RULE OF CONTRACT BY THE GRANTEE OR ANY AGENT, EMPLOYEE, SUBGRANTEE, OR SUPPLIER OF THE GRANTEE, OR ANY THIRD PARTY UNDER THE CONTROL OR SUPERVISION OF THE GRANTEE, IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT; c. EMPLOYMENT OR ALLEGED EMPLOYMENT DISCRIMINATION, INCLUDING CLAIMS OF DISCRIMINATION AGAINST GRANTEE, ITS OFFICERS, OR ITS AGENTS; OR d. WORK UNDER THIS CONTRACT THAT INFRINGES OR MISAPPROPRIATES ANY RIGHT OF ANY THIRD PERSON OR ENTITY BASED ON COPYRIGHT, PATENT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS. 2. NOTHING IN THIS CONTRACT WILL BE CONSTRUED AS A WAIVER OF DFPS' SOVEREIGN IMMUNITY. 3. IF DFPS IS A NAMED DEFENDANT IN ANY SUIT INVOLVING THIS CONTRACT, THE DEFENSE WILL BE COORDINATED BY THE GRANTEE WITH THE OFFICE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 9 N502 FORM-5645G JANUARY 2020 OF THE TEXAS ATTORNEY GENERAL. GRANTEE MAY NOT AGREE TO ANY SETTLEMENT REGARDING SUITS INVOLVING THIS CONTRACT IF DFPS IS A NAMED DEFENDANT WITHOUT FIRST OBTAINING THE CONCURRENCE OF THE TEXAS ATTORNEY GENERAL. C. BACKGROUND HISTORY CHECKS AND RIGHT OF REMOVAL. 1. Before providing direct services, having direct client contact and/or access to client records, the Grantee will submit information necessary for DFPS to conduct background checks on its employees, subgrantees or volunteers according to DFPS Background Checks Handbook under the applicable policy section at http://www.dfps.state.tx.us/handbooks/Background Checks/default.asp, including any required disclosures. Furthermore, before the employee, subgrantees or volunteer can provide direct services, have direct contact or access client records, the Grantee must receive notice from DFPS that the background check has been approved. 2. If while providing direct services, having direct client contact and/or access to client records, the Grantee becomes aware of any new arrest or investigation of abuse or neglect conducted by any federal, state or local agency or board of an employee, subgrantees or volunteer, then the Grantee will notify DFPS within ten business days of them becoming aware of it. DFPS will determine if and when the employee, subgrantee or volunteer can have direct contact with clients. D. ASSIGNMENTS. Grantee will not assign all or any portion of its rights under, interests in, or duties required under this Contract without prior written consent of DFPS. Any attempted assignment in violation of this Section is void and without effect. This section will not prohibit collateral assignment of payments for the purpose of secured lending arrangements in the ordinary course of business. Grantee agrees that DFPS may, in one or more transactions, assign, pledge, or transfer this Contract. E. SEVERABILITY. If any provision contained in this Contract is held to be unenforceable by a court of law or equity, this Contract will be construed as if such provision did not exist and the non-enforceability of such provision will not be held to render any other provisions of this Contract unenforceable. F. SURVIVABILITY. Termination or expiration of this Contract will not release either party from any liabilities or obligations that the Parties have expressly agreed will survive any such termination or expiration, remain to be performed, or by their nature would be intended to be applicable following any such termination or expiration, including maintaining confidentiality of information and records retention. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 10 N502 FORM-5645G JANUARY 2020 G. FORCE MAJEURE. Except with respect to the obligation of payments under this Contract, if either of the Parties, after a good faith effort, is prevented from complying with any express or implied covenant of this Contract by reason of war; terrorism; rebellion; riots; strikes; acts of God; any valid order, rule, or regulation of any governmental authority; or similar events that are beyond the control of the affected Party (collectively referred to as a "Force Majeure"), then, while so prevented, the affected Party's obligation to comply with such covenant will be suspended, and the affected Party will not be liable for damages for failure to comply with such covenant. In any such event, the Party claiming Force Majeure will promptly notify the other Party of the Force Majeure event in writing of the reason for such delay, estimated duration of the delay, and the steps taken to minimize the delay. H. AUTHORITY OF DFPS STAFF. DFPS staff are not authorized to sign non-DFPS forms, unless those forms have received prior approval by DFPS. DFPS is not bound to the terms of any forms signed by unauthorized staff. I. DISPUTE RESOLUTION. For Grantees that are not governmental entities, the Parties will use the dispute resolution process in Texas Government Code Chapter 2260 to resolve any dispute that arising under this Contract. Grantee's Notice of Claim of Breach of Contract is delivered to their assigned DFPS Contract Manager in their Contract and to the DFPS Office of General Counsel at the address listed below, by hand, certified mail return receipt requested, or other verifiable delivery service, and is effective on date received. Office of General Counsel Physical Address 701 W. 51St Street Austin, TX 78751 Mailing Address P.O. Box 149030 Austin, TX 78714-9030 Mail Code: E611 J. WAIVER. DFPS' failure to enforce any provision of this Contract or its payment for services or goods provided under this Contract, will not constitute a waiver of any provision of the Contract. K. CIVIL RIGHTS. 1. Grantee agrees to comply with state and federal anti-discrimination laws, including: a. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 11 N502 FORM-5645G JANUARY 2020 b. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); c. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); d. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); e. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); f. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and g. DFPS's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Contract. 2. Grantee agrees to comply with all amendments to these laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States will, on the grounds of race, color, national origin, sex, age, disability, political beliefs, or religion, be excluded from participation in or denied any service or other benefit provided by federal or state funding or otherwise be subjected to discrimination. 3. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations found at 45 CFR Part 80 or 7 CFR Part 15, prohibiting a Grantee from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. Civil rights laws require Grantees to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take reasonable steps to provide services and information, both orally and in writing and electronically, in appropriate languages other than English to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to government funded programs, benefits, and activities. 4. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHSC Civil Rights Office. The posters are available on the HHSC website at: http://hhscx.hhsc.texas.aov/system-support-services/civil- riahts/publications. 5. Grantee agrees to comply with Executive Orders 13279 and 13559, and their implementing regulations at 45 CFR Part 87 or 7 CFR Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services will not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. Grantee must provide written notice to beneficiaries of these rights. 6. Upon request, Grantee will provide Texas Health and Human Services Commission (HHSC) Civil Rights Office with copies of the Grantee's civil rights policies and procedures. 7. Grantee must notify HHSC's Civil Rights Office of any civil rights complaints received relating to its performance under this Contract. This notice must be delivered no more than ten calendar days after receipt of a complaint. This notice must be directed to: TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 12 N502 FORM-5645G JANUARY 2020 HHSC Civil Rights Office 701 W. 51st Street, Mail Code W206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 TTY Toll Free: (877) 432-7232 Fax: (512) 438-5885 L. PERMIT AND LICENSE. Grantee will be responsible at their expense for obtaining all permits and licenses required by city, county, state or federal rules, regulations or laws necessary or required for the Grantee to provide services or goods under this Contract. M. WARRANTY. Grantee warrants that all services, deliverables and work done under this Contract will be completed in a manner consistent with generally accepted standards in the applicable trade, profession, or industry and conform to or exceed the specifications set forth in the Contract and be fit for ordinary use, of good quality, and contain no material defects. N. E-VERIFY/EMPLOYEE ELIGIBILITY. By entering into this Contract, Grantee certifies and ensures that it utilizes and will continue to utilize, for the term of this Contract, the U.S. Department of Homeland Security's e-Verify system to determine the eligibility of all persons employed during the Contract term to perform duties within Texas and all persons (including subgrantees) assigned by the Grantee to perform services, deliverables and work pursuant to the Contract. O. REPORT OF WASTE, FRAUD OR ABUSE. Grantees who suspect fraud, waste or abuse (including employee misconduct that would constitute fraud, waste, or abuse) are required to immediately contact both the Texas HHSC Office of the Inspector General at 1-800-436-6184 and the Texas State Auditor's Office at https://sao.fraud.texas.aov/ReportFraud/. P. CULTURAL COMPETENCE. 1. Grantee will make reasonable efforts to provide services that meet each client's individual needs and takes into consideration the intellectual functioning, literacy, level of education and comprehension ability of each client in order to ensure that all information is presented in a way that meets each client's individual needs. 2. Grantee will provide services in the client's primary language either directly by Grantee or by a DFPS approved translator. 3. Grantee will have a cultural competence mission statement, core values or other similar guidance that provides how the Grantee will effectively provide these services to clients of various cultures, races, ethnic backgrounds and TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 13 N502 FORM-5645G JANUARY 2020 religions in a manner that recognizes and affirms the client's worth, protects and preserves the client's dignity and ensures equity of service delivery. Q. PUBLICITY. Grantee must not use the name of, or directly or indirectly refer to, DFPS, the State of Texas, or any other state agency in any media release, public announcement, or public disclosure relating to the Contract or its subject matter, including in any promotional or marketing materials, customer lists, or business presentations. Grantee will publish, at its sole expense, results of Grantee performance under the Contract with DFPS's prior review and written approval, which DFPS will withhold at its sole discretion. Grantee will acknowledge the support received in all format types (written, visual and audio) from DFPS and the Federal Agency as applicable. R. LIMITATION OF DFPS NAME, SEAL OR LOGO. 1. Grantee will not use the DFPS name, seal or logo in any form or manner without the prior written approval of DFPS. 2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS. S. SUBCONTRACTING AND SUBAWARDING. As applicable under the Contract, Grantee will comply with the following. 1. Grantee will be responsible to DFPS for any subcontractor's and subgrantee's performance under this Contract. Subcontractors and subgrantees providing services under the Contract will meet the same requirements and level of experience as required of Grantee. 2. No subcontract or subaward under the Contract will relieve Grantee of responsibility for ensuring the requested services are provided. 3. Grantee cannot subcontract or subaward case management services without DFPS prior written permission. 4. Grantees planning to subcontract or subaward all, or a portion, of the work to be performed will identify the proposed subcontractors and subgrantees. 5. Subcontracting and subawarding will be solely at grantee's expense. 6. DFPS retains the right to check subcontractor's and subgrantee's background and approve or reject the use of submitted subcontractors and subgrantees. 7. Grantee will be the sole contact for DFPS and Grantee will list a designated point of contact for all DFPS inquiries. S. Grantee will include a term in all subcontracts and subawards that incorporates this Contract by reference and binds subcontractors and subgrantees to all the requirements, terms, and conditions of this Contract related to the service being provided by the subcontractor and subgrantee, as well as, explicitly hold that this Contract controls in the event of any conflict with subcontract. DFPS approval of Grantee's use of any subcontractor and subgrantee is conditioned upon the extent that any subcontract and subaward does not conflict with any requirements of the Contract between DFPS and Grantee. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 14 N502 FORM-5645G JANUARY 2020 9. Payments to subcontractors and subgrantees will be made pursuant to the Prompt Payment Act, Texas Government Code Chapter §2251, unless the terms of a federal contract, grant, regulation, or statute prevent DFPS from making a timely payment to the Grantee with federal funds. T. CYBERSECURITY TRAINING. If applicable to this Contract, and as directed by DFPS, the Grantee will comply with Texas Government Code Section §2054.5192 and complete this Section's Cybersecurity Training requirements. Grantee must submit verification of completion and compliance with this Section to DFPS. SECTION VIII CERTIFICATIONS & AFFIRMATIONS As applicable to this Contract, Grantee certifies and affirms that by entering into this Contract that these certifications and affirmations apply to Grantee, and all of Grantee's principals, officers, directors, shareholders, partners, owners, agents, employees, subgrantees, independent contractors, and any other representatives who will provide services under, who have a financial interest in, or otherwise have an interest in this Contract. A. Grantee has not given, offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract. B. Under Texas Government Code §2155.004 (regarding the prohibition of certain financial participation by persons) and §2155.006 and §2261.053 (both relating to ability to receive this Contract, and convictions or penalties regarding Hurricane Rita, Hurricane Katrina or other disasters), Grantee acknowledges that it is not ineligible to receive this Contract and that this Contract will be terminated and payment withheld if this certification is found to be inaccurate. C. Under Texas Family Code §231.006 (relating to delinquent child support), Grantee acknowledges that it is not ineligible to receive the specified grant, loan, or payment and acknowledges that this Contract will be terminated and payment will be withheld if this certification is found to be inaccurate. D. Grantee is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency under the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 CFR Part 376, and any relevant regulations promulgated by the department or agency funding this project. Grantee agrees that this provision will be included in its entirety in Grantee's subcontracts if payment in whole or in part is from federal funds. Furthermore, Grantee acknowledges that it has not been subjected to suspension, debarment, or similar ineligibility determined by any state or local governmental entity. E. Grantee is not listed on the federal government's terrorism watch list described in Executive Order 13224. Entities ineligible for federal procurement are listed at TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 15 N502 FORM-5645G JANUARY 2020 htti)s://www.sam.ciov/portal/public/SAM/. This Contract will be terminated and payment withheld if this certification is inaccurate. This provision will be included in its entirety in Grantee's subcontracts if payment in whole or in part is from federal funds. F. Under Texas Government Code §669.003 (relating to contracting with the executive head of a state agency), Grantee acknowledges that it is not the executive head of DFPS, was not at any time during the past four years the executive head of DFPS and does not employ a current or former executive head of DFPS. G. Grantee acknowledges that it is not currently delinquent in the payment of any franchise taxes owed to the State of Texas under Texas Tax Code Chapter 171. H. Payments to Grantee and Grantee's receipt of appropriated or other funds under this Contract are not prohibited by Texas Government Code §556.005, §556.0055 or §556.008 (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). I. If this Contract is for services, the Grantee will comply with Texas Government Code §2155.4441 for the purchase of products and materials produced in the State of Texas. However, this §2155.4441 is not applicable to Contracts or Agreements with federal funding that further prohibits the use of geographic preferences. J. Grantee has not violated state or federal antitrust laws and has not communicated its bid for this Contract directly or indirectly to any competitor or any other person engaged in such line of business. Grantee hereby assigns to DFPS any claims for overcharges associated with this Contract under 15 U.S.C. §1, et seq., and Texas Business and Commerce Code §15.01, et seq. K. If the Grantee is a "Company" under Texas Government Code §808.001, at the time of executing this Contract, the Grantee is verifying that it is not boycotting Israel and will not boycott Israel during the term of this Contract. L. Under Texas Government Code §2155.0061, Grantee certifies that it is not ineligible to receive this contract and acknowledges that this contract may be terminated and payment withheld if it is found that during the five-year period preceding the date of this Contract, that the Grantee has been convicted of any offense related to the direct support or promotion of human trafficking. M. Under Texas Government Code §2252.152, the Grantee warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization. N. The requirements of Texas Government Code 552, Subchapter J may apply to this Contract and the Grantee agrees that this Contract can be terminated if the Grantee knowingly or intentionally fails to comply with a requirement of this Subchapter. TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT UNIFORM TERMS AND CONDITIONS PAGE 16 N502 FORM-5622G NOVEMBER 2019 ATTACHMENT D TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS SECTION I SUPPLEMENTAL CONDITIONS The following Supplemental Conditions modify the DFPS Grant Uniform Terms and Conditions. A. Section I., B., PROMPT PAYMENT is deleted in its entirety. B. Section I., C., TRAVEL EXPENSES is deleted in its entirety and replaced with the following : Travel must always be billed at the current approved General Service Administration (GSA) rate in effect for the service date on the invoice. Rates may be found at: https://www.gsa.gov/travel-resources. Mileage rates may be found at: http://www.gsa.gov/mileage. C. Section VII., R., LIMITATION OF DFPS NAME, SEAL OR LOGO is deleted in its entirety and replaced with the following: 1. Grantee will not use the DFPS name, seal or logo in any form or manner. 2. Grantee will not use the DFPS name, seal or logo to imply any endorsement, approval, or sponsorship of Grantee's goods or services by DFPS. SECTION II SPECIAL CONDITIONS In addition to the DFPS Grant Uniform Terms and Conditions, the Grantee agrees to comply with the following DFPS Grant Special Conditions. A. REPORTING ABUSE, NEGLECT, OR EXPLOITATION. Grantee will report any suspected case of abuse, neglect, or exploitation to the appropriate authority as required by the Texas Family Code Chapter 261. B. REMEDIES. In addition to any other remedy provided under this Grant or state or federal law, DFPS may impose the following. EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 1 N502 FORM-5622G NOVEMBER 2019 DFPS reserves the right to implement the following remedies to ensure Grant compliance or to address Grant violations. DFPS may require the Grantee to take specific corrective actions to maintain compliance with applicable federal or state regulations and the terms and conditions of this Grant. The Grantee's failure to comply with the specific corrective actions from DFPS may be grounds for DFPS to suspend or terminate the Grant, in whole or in part. 1. Technical Assistance. DFPS may provide informal support, guidance, clarification, and other forms of technical assistance via phone, email, and virtual meeting to resolve Grant or performance compliance issues. Grantee will document all such instances of technical assistance by DFPS in writing, including any implementation work. 2. Technical Resolution. DFPS and Grantee may enter a joint technical process. Both parties will hold face-to-face meetings, web meetings or phone calls where both parties will identify issues, barriers, potential solutions, and implementation strategies to fix noncompliance and performance issues. DFPS will document these sessions and provide Grantee with a final technical guidance document for implementation. 3. Letter of Concern (LOC). A LOC is a tool to assist Grantees in meeting Grant requirements. A LOC serves as a formal notification of an observed deviation from Grant performance, Project Work Plan, or other requirements. If there are still observed deviations three months after issuance of a LOC, PEI may then begin a Corrective Action Plan (CAP). A LOC may be issued in the following circumstances: a. Grantee does not meet Outputs for two consecutive months. b. Grantee does not deliver a core program (as determined by DFPS) component for one quarter. c. PEI identifies reoccurring or ongoing issues that impact program performance for two months. d. Required data is late, incomplete, or missing in the Prevention and Early Intervention Reporting System (PEIRS) for two consecutive months. e. Monthly billing is late, incomplete, or missing for two consecutive months. 4. Corrective Action Plan (CAP). DFPS will provide the Grantee with a CAP that identifies areas of noncompliance, poor performance, or other deficiencies. Grantee must respond in writing within the timeframes required in the CAP, address each identified defect, and provide an appropriately thorough response to DFPS for review and approval. After DFPS approves a CAP, it will be incorporated into the Grant by this reference. Upon receipt of DFPS approval, the Grantee must EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 2 N502 FORM-5622G NOVEMBER 2019 implement and maintain compliance with the requirements of the CAP. Failure to appropriately implement or maintain compliance with the CAP will serve as grounds for the exercise of any additional remedies under this Grant. A CAP may be issued in the following circumstances: a. A core program component (as determined by DFPS) is not delivered for two quarters. b. Outputs are not met for four consecutive months. c. Identified reoccurring or ongoing issues that impact program performance for four months. d. Required data is late, incomplete, or missing in PEIRS for four consecutive months. e. Monthly billing is late, incomplete, or missing for four consecutive months. S. Financial Remedies for Actual Damages. DFPS reserves the right to implement fiscal remedies based on monitoring or audit findings of violations of Grant requirements; including recovery for all actual damages DFPS accrues because of Grantee's noncompliance with this Grant. 6. Restriction of Staff. DFPS reserves the right to require Grantee to remove any employee, volunteer, or agent of the Grantee or any subgrantee from the provision of services under this Grant or to prohibit any employee, volunteer, or agent of the Grantee or any subgrantee from having direct contact with DFPS referred Participants or Participant records. C. INFORMATION SECURITY REQUIREMENTS. Grantee must comply with: http://www.dfps.state.tx.us/Doing Business/documents/Contractor Data and System Security Requirements.pdf and agrees to periodically check for any updates made to this document and comply with any updates made to these requirements. D. REMOVAL OF ACCESS. Grantee will immediately remove access capabilities to any DFPS automated or internet-based application(s), or immediately notify DFPS that access to such applications needs to be terminated for an employee, subgrantee, or volunteer whose employment, subaward, or volunteer term with Grantee has ended for any reason. E. TESTIMONY IN PROCEEDINGS. Grantee will require its employees to testify in judicial and administrative proceedings at the request of DFPS. To the extent possible, Grantee will also assist DFPS in locating past employees, agents, volunteers, consultants, contractors or subgrantees when DFPS requires past EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 3 N502 FORM-5622G NOVEMBER 2019 employees, agents, volunteers, consultants, contractors or subgrantees to appear and testify in accordance with this subsection. F. NOTIFICATIONS. Grantee will notify DFPS immediately of any significant change affecting Grantee or this Grant, including, but not limited to, change of Grantee's name or identity, ownership, control, governing board membership, key personnel, any problem or potential problem associated with performance or services, or payee identification number. Grantee will also provide DFPS with any documentation or information related to a notification provided for under this section. Grantee will also notify DFPS of any lawsuit brought against Grantee related to the services provided for in this Grant. Unless otherwise noted in this Grant, Grantee will provide all notices in writing to DFPS within 10 working days. G. TRANSITION AFTER TERMINATION. At the end of the Period of Performance or other Grant termination or cancellation, Grantee will in good faith and in reasonable cooperation with DFPS, aid in the transition to any new arrangement or provider of services. The respective accrued interests or obligations incurred to date of termination must also be equitably settled. Upon termination or expiration of this Grant, DFPS will work with Grantee to transfer all services as efficiently as possible with the goal to have all necessary services transferred by the effective date of the expiration or termination of the Grant. However, if a transfer of all necessary services is not possible, Grantee will continue to provide necessary services following all terms and conditions of this Grant until all necessary Participant services are completely transferred. H. STATEMENT OF WORK VS. PROJECT WORK PLAN. The Statement of Work is the formal document incorporated into the Grant. The Project Work Plan documents how the Grantee will achieve the performance measures outlined in the Grant. Changes to the Statement of Work require an amendment. Project Work Plans may be changed with written approval from PEI and the Grantee. 1. Statement of Work (SOW) Changes. Grantee cannot make any changes to the Statement of Work without a formal amendment. PEI requires an amendment to change any terms outlined in the Grant Agreement including but not limited to: a. Performance Measures (Outputs and Outcomes) b. Primary Service Delivery Area outlined in the Grant c. Target populations d. Addition or deletion of Primary Services outlined in the Statement of Work EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 4 N502 FORM-5622G NOVEMBER 2019 e. Addition or deletion of Ancillary Services outlined in the Statement of Work f. Any extension of the Period of Performance 2. Project Work Plan (PWP) Changes. a. Any post-award changes to the PWP must not alter the Statement of Work for the Grant without an amendment. The Request for Application and Grant Agreement documents serve as the primary guide in determining allowable changes to the PWP. b. PEI may allow or make limited modifications to the PWP to meet unanticipated needs at any point during the Period of Performance. Either the Grantee or PEI may identify the need for such a change. c. A Project Work Plan change requires prior written approval from PEI. d. A change to the Project Work Plan may include: i. Points of contact ii. Service delivery locations or hours iii. Secondary Service Delivery Area if the change is consistent with the Request for Application requirements iv. Subawards v. Policies or procedures used to provide services including: 1. Intake process 2. Determining Participant eligibility 3. Plan or process for retaining Participants in the program 4. Case documentation 5. Linking participants with other social service providers when necessary 6. Case closure or termination of services to Participants 7. Referrals to subawardees 8. Policies, procedures, and strategies used to ensure services are not denied or delayed when Grantee is at maximum capacity 9. Staffing plan (provided change meets minimum Grant requirements) 10. Staff training plan 11. Grant administration 12. Subaward administration 13. Cost per Participant EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 5 N502 FORM-5622G NOVEMBER 2019 I. QUALITY INCENTIVE PROJECT (QIP) 1. Deliverables. a. PEI will define a set of deliverables within each strategy of PEI programs to ensure the Grantee provides quality services. b. PEI will inform the Grantee of the specific deliverable details and metrics for measuring at the beginning of each State of Texas fiscal year and periodically throughout the Grant lifecycle if PEI modifies the deliverables. c. PEI will track QIP deliverables through PEIRS throughout each year of the Grant. 2. Quality Incentive Project Payments. a. PEI may award QIP payments to high performing Grantees for achieving deliverables if unspent appropriated funding is identified and approved for disbursement. b. Grantee will receive notice of these disbursements via a Notice of Award. c. Each fiscal year, Grantee may earn a maximum of 25% of their annual budget. J. NOTICE OF AWARD. PEI may use a Notice of Award to announce, modify, or clarify the annual Grant budget, source of funding, Performance Measures, QIP terms, or other Grant requirements. K. PROGRAM FORMS AND SOCIAL SECURITY NUMBERS. Grantee is required to complete all fields of program forms in their entirety, including any social security number fields. If a Participant refuses to provide their social security number, Grantee must document refusal in the case file. The expectation is that Grantees make a good faith effort to obtain social security numbers and other information listed on the program form. Items with an asterisk on program forms are required fields in the database; however, the expectation is that the form is completed thoroughly. Primary Caregivers must sign program forms giving consent for services prior to the provision of services. L. GRANT OBLIGATIONS. A Grantee's acceptance of funds directly under the Grant or indirectly through a subaward acts as acceptance of the authority of the state, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. In accordance with the legislative audit committee, DFPS can request any documentation, at any EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 6 N502 FORM-5622G NOVEMBER 2019 time, to be sent to DFPS to a location DFPS chooses. Examples of documentation that DFPS may request includes, but not limited to: 1. Participant files in their entirety (includes, but not limited to): a. Progress notes b. Action plans c. Registration forms d. Surveys e. Sign-in sheets f. Monthly tracking forms g. Referral information 2. Invoices that support monthly billings 3. Receipts that support monthly billings 4. Grantee's full general ledger M. COST REIMBURSEMENT GRANT. 1. Basis for Payment. DFPS is not obligated to pay unauthorized costs or to pay more than Grantee's allowable and incurred costs consistent with 45 CFR 75, Subpart E. Grantee is responsible for submitting invoices in an accurate and timely manner for each service period and for notifying DFPS of a need to expedite payment. DFPS will make reasonable efforts to process all bills received in an accurate and timely manner but does not warrant immediate payment. 2. Regulation Compliance. Grantee will remain in compliance with 45 CFR Part 75, Subpart E. The reimbursement made to Grantee will not exceed Grantee's actual costs to provide the services under this Grant, and Grantee's actual costs, both direct and indirect, must be allowable, reasonable, and allocable. 3. Physical Property. Grantee will assume responsibility for the protection of all physical property and equipment purchased under this Grant. Grantee must furnish DFPS with a written, factual report of the theft of, or damage to, any equipment purchased under this Grant, including circumstances concerning the loss. In addition, in the event of any theft, vandalism, or other offense against the properties, Grantee will notify appropriate local law enforcement authorities. 4. Equipment. Equipment is any article of tangible nonexpendable personal property having a useful life of more than one year and an acquisition cost that equals or exceeds the lesser of: the capitalization level established by the Grantee for financial statement purposes or $5,000. Grantee will follow the provisions of 45 CFR 75.320 regarding disposition of any equipment purchased under this Grant with funds allocated to Grantee or its subawardee. Grantee will not give any security interest, lien, or otherwise encumber any item of equipment purchased with Grant funds. Grantee will permanently identify all equipment purchased under this Grant by appropriate tags or labels EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 7 N502 FORM-5622G NOVEMBER 2019 affixed to the equipment. Grantee will maintain a current inventory of equipment that is always available to DFPS upon request. Cost reimbursement Grantees must also follow the following guidelines when partnering with DFPS. a. Cost reimbursement Grantee must add certain types of equipment items that are classified as "controlled assets" as designated in the Comptroller's State Property Accounting (SPA) Process User's Guide, available on the internet, to their inventory. Grantees should review the SPA guide periodically for the most current list. b. All cost reimbursement Grantees must follow the American Hospital Association's (AHA) "Estimated Useful Lives of Depreciable Hospital Assets" for equipment disposition purposes, except when federal or statutory requirements supersede. c. Grantee must request DFPS approval before disposing of equipment or controlled assets prior to the end of the useful life for that item. d. Any change to the equipment category in a cost reimbursement budget will require prior approval from DFPS. N. BUSINESS CONTINTUITY AND DISASTER RECOVERY PLANS. Upon written request from DFPS, Grantee will provide copies of its most recent business continuity and disaster recovery plans. O. PAYMENTS UNDER STATE PLANS APPROVED UNDER TITLE IV-E AND TAN F. As applicable, Grantees must seek payment or adjustment to payments in accordance with the time limit specified in 45 Code of Federal Regulations (CFR) 95.1 that provides a two-year (eight fiscal year quarters) time limit for a state to claim federal financial participation in expenditures under state plans approved under Title IV-E and Temporary Assistance for Needy Families (TANF). Any invoice or amended invoice that is submitted to DFPS later than seven quarters after the end of the quarter of the expense, will not be processed unless DFPS determines that submission for payment of the bill to the federal government can be executed within the time limits provided in the CFR. EXHIBIT C HHS100470 TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES GRANT SUPPLEMENTAL AND SPECIAL CONDITIONS PAGE 8 ATTACHMENT E OMB Number:4040-0007 Expiration Date: 02/28/2022 ASSURANCES -NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response,including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of information.Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions,please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case,you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973,as amended(29 U.S.C.§794),which and the institutional,managerial and financial capability prohibits discrimination on the basis of handicaps;(d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975,as amended(42 U. of project cost)to ensure proper planning,management S.C.§§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age;(e)the Drug Abuse Office and application. Treatment Act of 1972(P.L.92-255),as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse;(f)the Comprehensive Alcohol Abuse and of the United States and,if appropriate,the State, Alcoholism Prevention,Treatment and Rehabilitation through any authorized representative,access to and Act of 1970(P.L.91-616),as amended, relating to the right to examine all records, books,papers,or nondiscrimination on the basis of alcohol abuse or documents related to the award;and will establish a alcoholism;(g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912(42 U.S.C.§§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3),as amended,relating to confidentiality of alcohol and drug abuse patient records;(h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968(42 U.S.C.§§3601 et seq.),as using their positions for a purpose that constitutes or amended,relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing;(i)any other conflict of interest,or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made;and, Q)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970(42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970(P.L.91-646)which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or Personnel Administration(5 C.F.R.900,Subpart F). whose property is acquired as a result of Federal or federally-assisted programs.These requirements 6. Will comply with all Federal statutes relating to apply to all interests in real property acquired for nondiscrimination.These include but are not limited to: project purposes regardless of Federal participation in (a)Title VI of the Civil Rights Act of 1964(P.L.88-352) purchases. which prohibits discrimination on the basis of race,color 8. Will comply,as applicable,with provisions of the or national origin;(b)Title IX of the Education Hatch Act(5 U.S.C.§§1501-1508 and 7324-7328) Amendments of 1972,as amended(20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex;(c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended(16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties),and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974(16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L.93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is $10,000 or more. 1966(P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State(Clean Air) Implementation Plans Organizations." under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205)• the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C.7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1)Engaging in severe 1968 (16 U.S.G. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE ' Interim Assistant Director APPLICANT ORGANIZATION DATE SUBMITTED City of Corpus Christi June 30, 2021 Standard Form 424B(Rev.7.97)Back Grant Agreement Number: HHS000841700013 Agency ID: 24817202 ATTACHMENT F REQUEST FOR APPLICATION Request for Application HHS0008417 Community Youth Development (CYD) is incorporated by reference to the Grant Agreement. https://apps.hhs.texas.aov/PCS/H HS0008417/ 'APRACORPUS A � CHR STI PA S& RECREATION 78415 - Community Youth Development Program Grant FY 21-26 �oa�b Devel, Dante Gonzalez ��� co�� Parks &Recreation �e 0 V CYa CORPUS CHRISTI Background CORPUS, CHRISTI • The Community Youth Development (CYD) program was established in 1995 by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence count. • The measured outcomes: • Percentage of youth not referred to juvenile probation. • Children remain safe during services, within 1 year, and within 3 years. Funded: The Texas Department of Family and Protective Services (DFPS) The City of Corpus Christi has been a grant recipient since 1996. A_CYD 2 Texas Programs 14LaPRa CORPUS CHRISTI d� 1ARKS6 2021 - Prevention and Early Intervention Provider Director Report • 78415 is still considered a high incidence in juvenile crime CYO: Community Youth Development Map University of North Texas Dallas united Way of Qallas Amarillo and Canyon Potter Tarrant County Texas,Inr. Tarranl StarCare Specialty Health System Communites in Schools of the Heart of Texas EI Paso Human Services McLennan. EI Paso •� Harr15 COYMty Cilyot Austin - - - - -�— { Protective Services Travis x Harris Children's Center,Inc. Sov7irwesl Kew Prpyrmrun I Ga{vestvn ACVD Webb ��City ofCarpus ChristiRio GrandeValley NuecesEmpowermentZoneHidalgo,Wlllacy The Good Samaritan Community 5efvite Center aexar,Cameron Services CORPUS 4 A CHRISTI ^ P4RKS6 MENTORINGI LIFESKILLS YOUTH ADVISORY COMMITTEE YOUTH LEADERSHIP RECREATIONAL L• I DEVELOPMENT SERVICES h ACYD IaK� Communit Youth Develo ment AP y p caRaus CHRISTI ' Program and Appropriation of A a6 °� Funds for FY 21-26 • 5-year Grant Award — FY 21-22: $385,000 (first year) — FY 22-26: $505,312.50 annually (4 years) TOTAL: $2,406,250 yo 0 CORPUS CNR32TI 8 S U H CYD 5 � APM • ORPUS HRISTIRequirements for Subcontractors 4`\ CU • Providers to service the youth of the 78415 with youth services to include any or all programming services: • Mentoring • Youth Advisory Committee • Youth Leadership Development • Youth High School Readiness Program a1•Dev°F yo 0 S o 0 C V H CYD CORPUS CHRISTI RFP Process Administered by A•�R�- �� Contracts & Procurement • RFP was posted in adherence with policy. • RFP 3332 — November 2,2020 Request for Proposal Issued — November 30,2020 Proposals Due — Advertised in Caller Times on November 1 and November 20,2020 — No proposals were received; decision made to reissue solicitation • RFP 3539 — March 1,2021 Request for Proposal Issued — March 30,2021 Proposals Due — Advertised in Caller Times on February 28 and March 7,2021 — 3 proposals were received . CYD CORPUS CHRISTI RFP Process Administered by Contracts & Procurement • Solicitations are advertised through: — Twice and for a minimum of fourteen days published in newspaper — Vendors registered on the City's Supplier Portal receive automatic notifications based on the commodity codes they selected when registering. • A review committee consisted of: — Parks and Recreation — Finance — Utilities • Awarding contracts to subcontractors included: Boys & Girls Club of the Coastal Bend, Communities in School of the Coastal Bend, and Y.W.C.A. Corpus Christi. CYD Subgrantee Awards ' CHRISTI .=K as Subgrantee Awards Awards Core Pilar Boys and Girls Club $36,453 Mentoring Communities in Schools of the $185,353 Mentoring, Youth Advisory Coastal Bend Committee, Youth Leadership Development, Post High School Readiness Program YWCA Corpus Christi $37,941 Youth Leadership Development h Dcv<lop yvAVD CYD Program $125,251.6C Subgrantee Awards PlansCORPUS 4 CHRISTI CARKS6 necnennera �4CM� Boys and Girls Club • Scholarships for sports & recreational activities including basketball, volleyball, and soccer for youth that cannot afford to play in extra curricular organized sports leagues. • Program Supplies and office supplies • Transportation to and from events h o.eion Ye 0n CYD Subgrantee Awards PlansCORPUS 4 CHRISTI CARKS6 necnennera �4CM� Communities in Schools of the Coastal Bend • College and Career materials • Building everyday leadership in all teens • Stories for boys who dare to be different • Good night stories for Rebel girls and Teambuilding with teens • Youth Advisory Council Summit • Youth Teen Summit • Science Technology Engineering and Math (STEM) Summer programs • Instructor • Supplies • Food/Snacks • Texas A&M Study program • Transportation to and from summits, _ • Program and office supplies CYD eea.e,e •„ Subgrantee Awards PlansCORPUS 4 CHRISTI necnRen as �4CM� YWCA Corpus Christi • Youth Leadership Development Program • Youth Leadership Group Program • Transportation to and from programs • Snacks • Events consists of dances and movie nights • Program Curriculum and office supplies n oion Y0n CYD 'APRACORPUS A � CHR STI PA S& RECREATION 78415 - Community Youth Development Program Grant FY 21-26 �oa�b Devel, Dante Gonzalez ��� co�� Parks &Recreation �e 0 V CYa CORPUS CHRISTI COMMUNITY YOUTH DEVELOPMENT PROGRAM RFP 3529 PROPOSAL EVALUATION Boys&Girls Club of Communities In YWCA the Coastal Bend Schools MINIMUM QUALIFICATIONS (PASS/FAIL) Proposal submitted as required Required two years in business performing same services No outstanding lawsuits during last 5 years or current litigation Pass Pass Pass with the City during last 5 years No outstanding regulatory issues last 5 years References Provided for firm TECHNICAL PROPOSAL (100 PTS) 76 94 74 Respondent's Background and Experience (20 points) 17.6 19.3 15.4 Performance Goals (15 points) 10.4 14 11.7 Program Delivery (45 points) 31.5 42 31.7 Financial Stability(10 points) 9.2 9.6 8 Reasonable Project Cost (10 points) 7.3 8.8 7.5 TOTAL 76 94 74 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 �yV SC G° a 0 H SERVICE AGREEMENT NO. 3762 U COMMUNITY YOUTH DEVELOPMENT PROGRAM SERVICES yeanaonn!e� 1852 THIS Community Youth Development Program Serivices Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Boys and Girls Club of the Coastal Bend, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services in response to Request for Bid/Proposal No. 3529 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for twelve months. The parties may mutually extend the term of this Agreement for up to four additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $36,453.63, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Sandra Alvarez Parks and Recreation 361-826-4028 sandraa@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Sandra Alvarez Community Youth Development Program Manager P.O. Box 9277, Corpus Christi, Texas 78469-9277 Phone: 361-826-4028 Fax: 361-826-3864 IF TO CONTRACTOR: Boys and Girls Club of the Coastal Bend, Inc. Attn: Kim Barrientos CEO 3902 Greenwood Drive, Corpus Christi, Texas 78416 Phone: 361-853-2505 Ext. 11 Fax: N/A Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: FBBE928E-FOOF-43AF-817D-5701 C3FA78A9 CONTRACTOR DocuSigned by: Signature: Printed Name: Kim Barrientos Title: CEO Date: 8/10/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3529 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 3761 U COMMUNITY YOUTH DEVELOPMENT PROGRAM SERVICES yeanaonn!e� 1852 THIS Community Youth Development Program Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Communities in Schools of the Coastal Bend ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services in response to Request for Bid/Proposal No. 3529 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for twelve months. The parties may mutually extend the term of this Agreement for up to four additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $185,353.18, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Sandra Alvarez Parks and Recreation 361-826-4028 sandraa@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Sandra Alvarez Community Youth Development Program Manager P.O. Box 9277, Corpus Christi, Texas 78469-9277 Phone: 361-826-4028 Fax: 361-826-3864 IF TO CONTRACTOR: Communities in Schools of the Coastal Bend Attn: Gloria Taylor Executive Director 2212 Morris, Corpus Christi, Texas 78405 Phone: 361-696-4030 Fax: N/A Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 CONTRACTOR Doc1uSigned by: Signature: � .1-- 69D Printed Name: Gloria Taylor Title: Executive Director Date: 7/9/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3529 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 ATTACHMENT A - SCOPE OF WORK Background A. The Community Youth Development (CYD) program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The 78415 ZIP codes was identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. Program Objectives A. The goal of CYD is to support youth by fostering safe spaces, positive relationships, and structured opportunities to build assets and skills. These supports lead to strengthened connections, engagement, and contribution to the community. B. CYD provides an array of positive youth development program opportunities such as Mentoring, Youth Advisory Committee, Youth Leadership Development, and Post-High School Readiness in select ZIP Codes. Supports offered under CYD should meet the DFPS goal to increase protective factors and developmental assets, thus increasing the likelihood of positive outcomes for Youth. Protective Factors in this context are a broad set of characteristics and environmental supports that increase an individual's ability to avoid risks and promote social and emotional competence to thrive in all aspects of life, now and in the future. C. Protective Factors as defined by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) are typically organized into the following domains: 1 . Individual 2. Family 3. Peer 4. School 5. Community D. CYD uses a Positive Youth Development Framework according to the Interagency Working Group on Youth Programs, Positive Youth Development is an intentional, pro-social approach that engages Youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances young people's strengths; and promotes positive outcomes for young people by DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 providing opportunities, fostering positive relationships, and furnishing the support needed to build on their leadership strength. A Positive Youth Development (PYD) approach moves beyond solely preventing and removing risk behaviors to understanding the skills, attributes, and developmental assets that are needed to prepare young people to grow into thriving adults. PYD engages Youth as resources to be nurtured, rather than focusing on a problem to be changed. E Several frameworks have been developed that can help programs easily and effectively incorporate Positive Youth Development into their ongoing work with Youth. Once such framework is the Developmental Assets framework from the Search Institute. The framework, based in research in Youth development, resiliency, and prevention, identifies 40 internal and external assets that have been shown to lead to thriving behaviors in Youth, reduce Youth engagement in risk-behaviors, and increase resiliency. F. Programs must be intentionally designed and built to promote the growth of these 40 Developmental Assets in Youth. Eligibility A. The eligible population requirements are described below: 1 . The Contractor(s) will serve youth ages 6-17 and their Families who live in or attend public school in the 78415 ZIP code or attend school at a public middle or high school located outside of the 78415 ZIP Code that has at least 30% enrollment from the 78415 ZIP Code. 2. The target age range for Youth served is 10 - 17 years. Youth under age 6 are not eligible for CYD. Youth served from ages 6-9 cannot exceed 30% of the Performance Measure for annual unduplicated Index Youth served. 3. Youth who turn 18 years old during the school year will be permitted to participate in CYD until meeting program goals or the end of the current fiscal year, provided they were 6-17 years old when first enrolled in CYD. 4. Family members of Index Youth are eligible if the goal of the activity or opportunity involves promoting Positive Youth Development or increasing Protective Factors of Youth. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street Cunningham at South Park Middle School, 3001 McArdle Road Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at-risk of becoming involved. Youth whose cases are pre-adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Contractors are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. To be eligible to participate in the CYD program, Youth must exhibit at least two of the following priority characteristics: • Behavioral concern • Current or former military connection • Current or past alcohol abuse - Caregiver • Current or past alcohol abuse - Index Youth • Current or past child maltreatment or child welfare involvement • Current or past conflict at school • Current or past criminal justice involvement - Index Youth • Current or past domestic or interpersonal violence • Current of past use or abuse of other substance - Index Youth • Developmental delay or disability - Caregiver • Developmental delay or disability - Index Youth • Family dynamics or structure concern • Family or household conflict • High stress level • Homeless or runaway • Household has a child with developmental delays or disabilities • Household has a history of alcohol abuse or a need for alcohol abuse treatment • Household has a history of substance abuse or needs substance abuse treatment • Low school attainment - Caregiver DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 • Low-income household • Mental health concern - Caregiver • Mental health concern - Index Youth • Parenting skills concern • School engagement concern • Social support concern - Household contains an enrollee who is pregnant and under 21 D. Contractors are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non-eligible participants to support amounts billed to CYD and to determine CYD performance measures. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs,are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The City is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. In determining which services will be funded, the City with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. C. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. All participants must enter the program voluntarily. Voluntarily means that the Family or Youth must not be coerced, court ordered, or mandated to participate in CYD. Contractor cannot charge Participants a fee for participating in a program or for any program participation-related costs. D. Direct service staff of the Contractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. E Required Programming for the 78415 Zip Code as required by DFPS. Required CYD Program Components each City must implement the following Youth- focused opportunities: Mentoring, Youth Advisory Committee (YAC), Youth DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 Leadership Development (YLD), and Post High School Readiness (PHSR). These four services will take precedence over other programs when funding is considered. The four Core Services are as follows: 1. Mentoring - a. Research affirms the significant positive effects that quality Mentoring relationships have on the developmental outcomes and opportunities for young people. Mentoring takes place between young persons (i.e., mentees) and older or more experienced persons (i.e., mentors) who are acting in a non-professional helping capacity to provide support that benefits one or more areas of the mentee's development. Mentoring must primarily focus on facilitating an ongoing positive relationship between the Youth and a caring adult role model who provides help to the younger person as he or she goes through life. Following the Elements of Effective Practice for Mentoring research from the National Mentoring Partnership, each mentor program should have a Theory of Change that explains how the Mentoring, and the activities that mentors and mentees engage in, will result in the desired outcomes at the Participant and Community level. b. The Contractor must have program guidelines for its Mentoring program. These guidelines should include requirements for: i. Recruitment (mentors and mentees): Description of eligibility requirements; expectations for Mentoring relationship and outcomes; target audience for recruitment, and; methods of recruitment. ii. Screening: Description of application and interview process; criteria for accepting or disqualifying applicants; assessing safety and suitability for Youth; comprehensive background check; references check; written agreement with expectations for length of relationship and frequency of meeting. iii. Training: Description of required number of training hours and mode of training to be used. Training content must include: • allowable contact between a mentor and mentee (e.g., only at school or in community); • a definition of Mentoring; • the role of a mentor and a mentee; • guidelines for any financial transactions to include gifts; • sources of assistance available to support mentors; • initiation and termination or closure of mentoring relationship; • warning signs and problem solving for certain mentee behaviors or crises (e.g., self-harm, suicidal ideation, aggression,etc.); DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 • risk management policies (appropriate physical contact, safety, transportation of mentees, mandatory reporting requirements, confidentiality and anonymity, money, photos and social media use, emergency procedures, etc.); and • expectations for the frequency of connecting and length relationship for both the mentor and mentee. c. Matching and Initiating Mentor Relationship: Description of matching process should consider characteristics of mentor and mentee; Program staff member present for initial in-person meeting between the mentor and mentee to sign commitment agreement consenting to the rules and requirements (e.g., frequency, intensity and duration of match meetings, roles of each person involved in the mentoring relationship, frequency of contact with program staff), and risk management policies; Parental notification and consent process. d. Monitoring and Support: Description of supervision, support, and feedback provided to mentors; program staff follow up with mentor and mentee after meeting; regularly assess fitness of match; program staff provides mentors with access to relevant community resources for Youth and referral agencies. e. Relationship closure: Description of procedure to manage, document, and notify Participants of anticipated and unanticipated closures; program conducts exit interview with mentors and mentees; programhas a written policy and procedure for managing re-matching; review of program rules for post-closure contact. f. Additional mentor program requirements and restrictions: i. Peer mentoring and family mentoring programs do NOT satisfy this requirement. ii. Mentoring must be conducted in individual or small group settings. The ratio of Mentoring for group settings should be no greater than four Youth to one mentor. iii. Most Mentoring should be in person, Contractor must provide justification for any virtual programming. 2. Youth Advisory Committee (YAC) - a. The YAC is an advisory body of young leaders currently participating the CYD program. b. The goal of the YAC is to promote the voice and choice of a consistent group of young leaders through structured, monthly, Youth-led meetings. c. The YAC will provide input, give feedback, and participate in decision- making to help shape their local CYD program, as well as assess and DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 address the needs of their Community by planning and implementing meaningful service-learning projects. d. The YAC must include 10-20 Youth, comprised of both middle- and high- school Youth between the ages of 13 and 17. e. The YAC must meet monthly, at a minimum, and must have between 10 and 20 Youth in attendance at each meeting, with the expectation that Youth are consistently attending and participating in YAC meetings. Typically, at least an hour per monthly meeting is needed to accomplish the goals of the YAC. f. Contractor should indicate the types of locations where meetings will take place and how they will ensure the safety of Youth at the location, as well as ensure transportation to and from the meetings and address any barriers to recruitment or consistent participation and engagement. g. YAC Youth must be engaged in outreach and awareness efforts and involved in the development and implementation of the CSNA forCYD: i. Outreach and Awareness - YAC Youth must be involved in promoting the CYD programming within their Communities to engageadditional Youth into CYD. This could include, but is not limited to, engaging YAC members in planning and implementation of program recruitment strategy, conducting outreach and awareness activities, and developing marketing materials. ii. Active Participation related to CSNA - YAC Youth must be involved in the development and implementation of the CSNA. Youth must be involved in collecting feedback from local Youth, including CYD Participants, about needs for CYD programs and activities, and the impact of CYD on Positive Youth Development. h. YAC Youth must receive Youth Leadership Development (YLD) in addition to participating on the YAC. i. To ensure YAC goals for Youth safety, engagement, participation, leadership skill and community building are met, each CYD program must have a dedicated staff member as the YAC Coordinator. j. The YAC is intended to be a singular advisory body. If Contractorchooses to facilitate two or more independent YAC groups that meet separately, a monthly opportunity must be provided for all YAC members to meet as a singular advisory body. k. Selected YAC Youth must participate in the annual CYD Youth Summit. Pending available funding, typically 6 Youth (3 male, 3 female) will be chosen from each contract, with 1 chaperone per 3 Youth. YAC Coordinator must attend as one of the chaperones and provide any needed support to Youth while at Youth Summit or needed by the Youth Summit coordinating body. The Youth Summit is intended to strengthen DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 local YAC and develop leadership skills, while networking with other YAC Youth from across the state. YAC Youth participation will be at the discretion of the CYD Youth Summit Contractor. 3. Youth Leadership Development (YLD) - a. Youth Leadership Development is part of the Youth development process and supports young people in developing: the ability to analyze their own strengths and weaknesses, set personal and vocational goals, and have the self-esteem, confidence, motivation, and abilities to carry them out (including the ability to establish support networks in order to fully participate in Community life and effect positive social change); and the ability to guide or direct others on a course of action, influence the opinions and behaviors of others, and serve as a role model. The YLD program component must view Youth as resources and build on their strengths and capabilities to develop within their own community b. The YLD program component should be intentionally designed as a multi- week experience that provides participants a comprehensive understanding of leadership history, philosophies, attitudes, and skills and that allows opportunities for hands on application and practice. c. To meet the requirements of YLD, each program must contain all three of the following elements: Table 1 Element 11 1 Desctiption 1. Leadership An examination of leadership history, leadership Ktiowledge philosophies. key leadership cllalactelistics, and leadership styles, hlils element may include self- assessinenls, ac1JN'itles, focused (Il1 developing a persollnl leadershila ph.ilosoj)hy, leadershil7 else studies, fool:Clubs featlu•ilm specific leaders or leadclshi111nact ces, etc. 2. Leadership The opport1111ity to learn about and prac:ticc keys leadership Skill Buildliig skills in a sale, supporlive I_miron unit. This element sliould Iiielude leadership skill activities. practice. and rolloclle}ll. l.eaderslilp skills rnip.lit Mclude. bul are not limited to: tcanlbuildiu�. conlnnlnicatlon, s C3i117Icl rosolutloi1, foal-sevtllllg, rlslimisible decisim1 nioklllE'. problem sill,,-Mg. embi-iic 1g dWers1tV, t1111e' 113a11a'e1I elft, ci-eatll'e thlliklli ,, proIect plaim]'110. .1. 1,Ladership in 11'11ttin�" Icadelship skills into acts{ill 1111'[}11gh real-llle Action application. This nli 111 include 'I'olllli-led projects. service learning,opportunities, tither project-based learning opportuIli lies,, etc. (Adapted from Designing Studeid Letwderyhip Prograrn.s: Trwisforillirag the Leadership Potential of Youth by Mariam G. ac Uregol) DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 d. YLD programs should be created with a Scope and Sequence that provide opportunities for Youth to engage in all three of the above elements over the course of the program cycle, however that is defined by the Contractor (3 months, 6 months, 12 months, etc.) A general Scope and Sequence for a multi-week program must be mapped out before the YLD program begins that identifies which YLD elements are being addressed each week of the YLD program cycle. Please refer to Attachment C -Scope and Sequence for a template and example Scope and Sequence of a multi-week YLD program incorporating all three YLD elements. Contractor should include YLD Scope and Sequence in Attachment B, Project Work Plan. e. If a program does not contain each of the elements listed above over the course of the program cycle, it does not meet the criteria of YLD and should be recorded in PEIRS as `Curriculum-Based Life Skills' or `Life Skills Non-Curriculum.' f. Contractor must offer YLD to Youth at least one timeper calendar month. g. The YAC group alone does not satisfy the requirement for a Youth Leadership Development program. While all YAC participants must participate in YLD, the Contractor must offer a YLD program that is separate and distinct from the YAC with the capacity to serve additional Youth. 4. Post-High School Readiness (PHSR) a. Post-High School Readiness refers broadly to preparing young people for their transition from school to the multiple pathways after high school graduation, equipping Youth with the experiences and skills necessary to successfully manage the responsibilities required upon entering college, career, and workplace environments. Readiness is achieved byacquiring the learning competencies, intellectual capacities and experiences essential for all students to become lifelong learners; positive contributors to their families, workplaces and communities, as well as to become successfully engaged citizens of a global 21 st century. b. Examples of Post-High School Readiness include, but are not limited,to: i. Career exploration and workforce readiness: Provide a realistic view of work along with necessary skills and workplace ethics to successfully maintain employment. Activities to promote career planning and acquisition of workplace skills, including vocational training and academic planning specific to career goals. Assessment and planning integrate school experiences (coursework, extracurricular activities and vocational or career assessments) with community experiences (volunteer work, regular employment, job shadowing, and job fairs) toward career objectives. Other activities include job search assistance, interviewing skills training, assistance with disability-related accommodations, and job-finding training DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 (including resume preparation, information on non-traditional career opportunities, and job application completion.) ii. College readiness: Provides the level of preparation needed for young people to enroll and succeed in postsecondary education. Activities offered should promote college planning skills in young people, which may include awareness of and preparation for school applications, pre-requisite testing, scholarship application and financial planning, college campus culture, intellectual norms in the academic environment, decision-making and assessing risky behavior, and expectations for engagement. Other activities could include college campus visits, test preparation, discussing expectations with current college students, and scholarship search assistance. iii. Curriculum-based life skills: Provide Youth activities that are based upon a written curriculum for individual skills development including, but not limited to, communication, self-control, anger management, problem solving, adapting to change, choosing friends wisely, healthy relationships, and independent living. Activities offered should promote healthy decision-making, goal setting, budget planning and financial literacy, healthy eating and nutrition, digital and civic literacy, healthy living and wellness, and self-advocacy. iv. Life Skills Non-Curriculum: Provide Youth with social, personal, and vocational skills and opportunities to help them achieve economic success, avoid involvement in criminal activity, and increase social competencies, e.g., conflict resolution, anger management, healthy relationships, career exploration, and interviewing skills. F. Ancillary CYD Program Components 1 . Ancillary programming is optional and selected by the Contractor to complement the CYD program. CYD programming must promote Protective Factors in Youth. Examples of ancillary CYD programming include: a. Youth-based curriculum class: Activities provided to Youth that are based upon a written curriculum. b. Family-Based Curriculum Class: Provided to the registered Index Youth or Caregiver along with their Family member(s.) These services are part of a specific written curriculum, e.g., family skills building, family effectiveness training, etc. These family programs encourage family unity, communication, improved decision-making skills and reduce family conflict. c. Family focused activity: Activity based, involve the Youth and at least one other Family member, and are not part of a written curriculum or counseling. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 d. Sports and Movement: Rewarding, challenging, and age-appropriate activities provided to Youth in a safe, structured, and positive environment, with the intent of promoting Positive Youth Development by way of a socializing effect through which Youth develop positive qualities. Examples may include organized sports or athletic activity, personal fitness, dance or movement. Boxing is not allowed. e. Arts and Cultural Enrichment: Programming to increase awareness, explore skill building, as well as develop and express creativity through developmentally appropriate activities involving visual or performance arts, culture, culinary arts, creative writing, digital arts, crafts ormusic. f. Academic Support: Designed to increase Youth engagement in the learning process, improved academic performance, Science, Technology, Engineering and Math (STEM) skill development, and bonding to the school (e.g., cooperative learning techniques," experiential learning" strategies, tutoring and basic skill building). g. Service Planning and Coordination: A strength-based approach that helps Youth assess their individual and developmental needs, identify available resources, and set goals to achieve specific desired outcomes leading to a healthy sense of self-reliance and interdependence with their community. Identifiable strengths and resources include family, cultural, spiritual, and other types of social and community-based assets and networks. G. Family and Primary Caregiver Engagement Requirements: 1 . Family engagement is associated with improved program outcomes. Parental involvement increases Youth participation in after-school programs, influences constructive Caregiver involvement in the home, and increases Protective Factors. Furthermore, father-figure involvement is linked to decreased drug use and decreased delinquent behavior. 2. Contractor must demonstrate a commitment to the meaningful involvement of Families and Primary Caregivers in CYD. There are several options to engage Families and Caregivers, with the intent to bring Youth and Families or Caregivers together in a meaningful way. The strategies that work bestwill depend on the dynamics of the Community served. Strategies may include Primary Caregiver leadership opportunities (volunteering at Youth-led events, participating alongside Youth on the local coalition, etc.), collaborative Parent Cafe or Youth Cafe events, family service learning, family nights, and many other strategies. Some ideas for Family or Primary Caregiver engagement can be found at: 3. httl2s://cdn.ymaws.com/nafsce.ora/resource/remgr/Toolkits/Boston Engagi ngFamilies Out.Qdf. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 4. Contractor must outline a plan for Family and Caregiver engagement in Exhibit D, Project Work Plan, outlining anticipated strategies and timelines for implementation. 5. At a minimum, one Family or Primary Caregiver event should be held each month of the fiscal year. 6. Activities or workshops serving only the Primary Caregiver such as parenting training or parenting skills classes, counseling, or stand-alone Parent Caf6s will not fulfill the Family and Primary Caregiver engagement requirement of this RFP. If these services are identified as a need in a specific community, the Contractor should work in conjunction with their local Family And Youth Success (FAYS) Contractor as a resource and referral for these services. 7. Contractor may hold Family-inclusive opportunities that allow Index Youth and Caregivers to come together for a portion of the activity and split into Caregiver- and Youth-specific groups engage in deeper learning, if appropriate. H. Additional Program Requirements 1 . Focus on Out-of-School Time Programming a. Under this grant, most of the programming during the school year should be offered during Out-of-School Time hours. This includes before school, afterschool, evenings and weekends. Programming that takes place while Youth are on summer break or other school breaks will vary by community and should align with programming gaps and Community needs. b. There are greater opportunities for Youth to be left unsupervised during Out-of-School Time hours, which increase the opportunities for Youth to engage in risky behaviors such as substance abuse or juvenile crime (McCombs, Whitaker, & Yoo, 20171 .) According to a 2019 report released by the Council For A Strong America, the majority of juvenile crime in Texas occurs between the hours of 2:OOPM and 6:OOPM. It benefits both Youth and their Communities to ensure Youth have access to enriching programming, safe spaces, and caring adults during Out-of-School Time hours. Programming during Out-of-School Time not only reduces the likelihood Youth will engage in risky behaviors, but also promotes increased academic performance, school connectedness, positive identity development, social-emotional skill development, physical and mental health, and civic development 2. Each CYD program should provide opportunities for Youth to increase developmental assets through participation. Each proposed program component (required and ancillary) should directly link to one or more of the Search Institute's identified 40 Developmental Assets: DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 a. External Assets i. Support o Family support o Positive family communication o Other adult relationships o Caring neighborhood o Caring school climate o Parent involvement in schooling ii. Empowerment o Community values Youth o Youth as resources o Service to others o Safety iii. Boundaries and Expectations o Family boundaries o School boundaries o Neighborhood boundaries o Adult role models o Positive peer influence o High expectations iv. Constructive Use of Time o Creative activities o Youth programs o Religious community o Time at home b. Internal Assets i. Commitment to Learning o Achievement motivation o School engagement o Homework o Bonding to school o Reading for pleasure ii. Positive Values o Caring o Equality and socialjustice o Integrity o Honesty o Responsibility o Restraint DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 iii. Social Competencies o Planning and decision-making o Interpersonal competence o Cultural competence o Resistance skills o Peaceful conflict resolution iv. Positive Identity o Personal power o Self-esteem o Sense of purpose o Positive view of personal future 3. Contractor must ensure that Youth are not denied or delayed services due to a wait list. The Contractor must have referral policies and procedures in place that provide alternative service options either through the Contractor or through other community resources when the Contractor is atcapacity. 4. Contractor should offer programming that reflect a mix of intensive activities that serve a limited number of Youth (e.g. one on one Mentoring) with lower intensity activities that serve a higher number of Youth (e.g. group recreation). 5. Contractor must provide programming or activities each month of thefiscal year, including during the summer months. 6. Youth may not participate solely in one-time activities. If one-time activities are planned, they should be an added value for Youth already participating in other CYD services or for outreach and recruitments purposes and cannot be a stand-alone service. 7. Contractor must submit documentation of evidence-base, research or information on each proposed program with a curriculum by completing the Attachment D - PEI Evidence-Based Program Ranking Tool. Contractor may not provide programming with empirical evidence or theoretical basis indicating that the practice constitutes a risk of harm to those receiving it. 8. Contractor must ensure services are easily accessible to Youth. Contractor must offer programming at times and places that meet the needs of local Youth. In addition, the Contractor must address any Youth transportation barriers or needs, and coordinate or provide transportation of Youth to participate in CYD activities. Transportation costs are reimbursable. 9. Contractor must outline educational benefits of any planned field trips and how the field trips align with the goals of CYD in their Project Work Plan. Field trips must not expose the Participants to any unnecessary safety risks. Contractors are responsible for securing any necessary permission from Participant Caregivers related to travel or field trips. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 10.Services are intended to be face-to-face in person. DFPS requires justification for any proposed virtual services. I. MANAGEMENT OF CONTRACT 1 . The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: a. Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and TAC guidelines when managing the fiscal, administrative and program aspects of CYD; b. Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; c. Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; d. Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; e. Collection and submission of program forms and monthly participant data from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; f. Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with the clients; g. Attendance at Community Collaborative Committee meetings and submission of quarterly reports; h. Participation with CYD events and provider information meetings; i. Collaboration with all CYD providers including participating in marketing of the program to the community; J. Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). J. Organizational Requirements 1 . Contractor's organization must implement the following training requirements: DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 a. Contractor should submit a training plan for all CYD workers; including volunteers, Subaward employees, and anyone else working on the Grant; that includes both initial and ongoing training. Staff training must include the following competencies: i. New employee orientation; ii. Cultural Humility (required annually;) iii. Youth development (required annually;) iv. Evidence-Based or Promising Practice Program training (when appropriate); V. 40 Developmental Assets Training; and vi. Youth Program Quality Assessment Training. vii. Additional training topics may include, but are not limited to: o Healthy relationships; o Effective collaboration; o Effective group or meeting facilitation; o Ethics; o Mental Health First Aid Training; o Referrals and service connections; o Substance use; o Internet safety for youth; o Bullying; or o Suicide prevention and postvention. 2. Contractor are required to utilize the Youth Program Quality Assessment (YPQA) to assess the Contractor's activities and program offerings for responsiveness to the needs of CYD Youth and enhance their approach across the lifespan of the Grant. At a minimum, Contractors must complete the YPQA Basics Training within year one of the Grant. In person training on the YPQA Basics is highly preferred but may be completed virtually if necessary. 3. All service providers who meets the definition of "childcare" according to Texas Human Resources Code, Chapter 42, must apply to the appropriate regional childcare licensing office for licensing determination. DFPS must issue a current license or exemption for each CYD program. The City of Corpus Christi must review the results of this determination for compliance. If the scope of services offered through CYD changes, the service provider must reapply for either a license or exemption. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 ATTACHMENT B - BID/PRICING SCHEDULE Contractor Communities in Schools of the Coastal Bend Contract No. Contract Period 9/1/21 - 8/31/2022 (A•) (B.) (C•) Cost Categories Reimbursable Other Program Total Match (1 A) Personnel - Salaries $133,928.00 $0.00 $133,928.00 (1 B) Personnel - Fringe Benefits - by Employee $0.00 0.001 $0.00 (1 C) Personnel - Fringe Benefits - by Type $24,399.48 $0.00 $24,399.48 (2) Travel $1,262.70 $0.00 $1,262.70 (3) Supplies and Controlled Assets $13,775.00 $0.00 $13,775.00 (4) Capital Equipment (greater than $5K) $0.001 $0.00 $0.00 (5) Other Costs $11,988.001 $0.001 $11,988.00 Direct Costs Total $185,353.18 $0.00 $185,353.18 Indirect Costs Total (if applicable) $0.00 $0.00 $0.00 TOTAL $185,353.18 $0.00 $185,353.18 100% Oho 100.0% DocuSigned by: Certified B Name: G oria may or Title: Executive Director Date: 7/7/2021 DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, Damage material change or termination Per occurrence - aggregate required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA643830C2 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E Within five (5) calendar days of a cancellation, non- renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 3-N Professional Services - Crime-Employee Dishonesty 04/14/2020 Risk Management - Legal Dept DocuSign Envelope ID:583EC72A-D206-44DE-8F31-5FOA64383OC2 ATTACHMENT D - WARRANTY No warranty is required therefore, Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 �yV SC G° a 0 H SERVICE AGREEMENT NO. 3763 U COMMUNITY YOUTH DEVELOPMENT PROGRAM SERVICES yeanaonn!e� 1852 THIS Community Youth Development Program Services Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and YWCA Corpus Christi ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Community Youth Development Program Services in response to Request for Bid/Proposal No. 3529 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Community Youth Development Program Services ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) This Agreement is for twelve months. The parties may mutually extend the term of this Agreement for up to four additional twelve-month periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. 3. Compensation and Payment. This Agreement is for an amount not to exceed $37,941 .10, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Sandra Alvarez Parks and Recreation 361-826-4028 sandraa@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Sandra Alvarez Community Youth Development Program Manager P.O. Box 9277, Corpus Christi, Texas 78469-9277 Phone: 361-826-4028 Fax: 361-826-3864 IF TO CONTRACTOR: YWCA Corpus Christi Attn: Nancy Wesson-Dodd President/CEO 4601 Corona Drive, Corpus Christi, Texas 78411 Phone: 361-857-5661 Ext. 103 Fax: 361-857-0254 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 CONTRACTOR DocuSigned by: Signature: Na �t,SS6V"—V6U FE36 SA49.1119... Nancy Wesson-Dodd Printed Name: Title: CEO Date: 7/13/2021 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director, Contracts and Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit l : RFB/RFP No. 3529 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form June 2, 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 ATTACHMENT A - SCOPE OF WORK Background A. The Community Youth Development (CYD) program was established in 1995 with funds authorized by the 74th Legislature for the purpose of reducing juvenile crime in areas of Texas with a high incidence of juvenile crime. B. The 78415 ZIP codes was identified by a methodology developed by an interagency workgroup that defined guidelines for the CYD program. The methodology involved identifying Texas counties with the highest number of juvenile arrests for violent offenses and then selecting ZIP codes with the highest number of juvenile probation referrals within each of those counties. The same methodology was used each year that the CYD program expanded. Program Objectives A. The goal of CYD is to support youth by fostering safe spaces, positive relationships, and structured opportunities to build assets and skills. These supports lead to strengthened connections, engagement, and contribution to the community. B. CYD provides an array of positive youth development program opportunities such as Mentoring, Youth Advisory Committee, Youth Leadership Development, and Post-High School Readiness in select ZIP Codes. Supports offered under CYD should meet the DFPS goal to increase protective factors and developmental assets, thus increasing the likelihood of positive outcomes for Youth. Protective Factors in this context are a broad set of characteristics and environmental supports that increase an individual's ability to avoid risks and promote social and emotional competence to thrive in all aspects of life, now and in the future. C. Protective Factors as defined by the Office of Juvenile Justice and Delinquency Prevention (OJJDP) are typically organized into the following domains: 1 . Individual 2. Family 3. Peer 4. School 5. Community D. CYD uses a Positive Youth Development Framework according to the Interagency Working Group on Youth Programs, Positive Youth Development is an intentional, pro-social approach that engages Youth within their communities, schools, organizations, peer groups, and families in a manner that is productive and constructive; recognizes, utilizes, and enhances young people's strengths; and promotes positive outcomes for young people by DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 providing opportunities, fostering positive relationships, and furnishing the support needed to build on their leadership strength. A Positive Youth Development (PYD) approach moves beyond solely preventing and removing risk behaviors to understanding the skills, attributes, and developmental assets that are needed to prepare young people to grow into thriving adults. PYD engages Youth as resources to be nurtured, rather than focusing on a problem to be changed. E Several frameworks have been developed that can help programs easily and effectively incorporate Positive Youth Development into their ongoing work with Youth. Once such framework is the Developmental Assets framework from the Search Institute. The framework, based in research in Youth development, resiliency, and prevention, identifies 40 internal and external assets that have been shown to lead to thriving behaviors in Youth, reduce Youth engagement in risk-behaviors, and increase resiliency. F. Programs must be intentionally designed and built to promote the growth of these 40 Developmental Assets in Youth. Eligibility A. The eligible population requirements are described below: 1 . The Contractor(s) will serve youth ages 6-17 and their Families who live in or attend public school in the 78415 ZIP code or attend school at a public middle or high school located outside of the 78415 ZIP Code that has at least 30% enrollment from the 78415 ZIP Code. 2. The target age range for Youth served is 10 - 17 years. Youth under age 6 are not eligible for CYD. Youth served from ages 6-9 cannot exceed 30% of the Performance Measure for annual unduplicated Index Youth served. 3. Youth who turn 18 years old during the school year will be permitted to participate in CYD until meeting program goals or the end of the current fiscal year, provided they were 6-17 years old when first enrolled in CYD. 4. Family members of Index Youth are eligible if the goal of the activity or opportunity involves promoting Positive Youth Development or increasing Protective Factors of Youth. B. Eligible public CYD Schools High Schools Mary Carroll High School, 5301 Weber Foy H. Moody High School, 1818 Trojan Drive Middle Schools Tom Browne Middle School, 4301 Schanen Blvd. Baker Middle School, 3445 Pecan Street Cunningham at South Park Middle School, 3001 McArdle Road Elementary Berlanga Elementary, 4120 Carroll Ln Early Childhood Development Center, 6300 Ocean Drive DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 Fannin Elementary, 2730 Gollihar Galvan Elementary, 3126 Masterson Drive Hicks Elementary, 3602 McArdle Road Houston Elementary, 363 Norton Street Kostoryz Elementary, 3602 Panama Drive Sanders Elementary, 4102 Republic Drive Travis Elementary, 3210 Churchill Drive C. As a prevention program, CYD is intended to serve youths who have not already been involved in the juvenile justice system, but who are at-risk of becoming involved. Youth whose cases are pre-adjudicated, informally adjudicated, or whose adjudication has been deferred are eligible for CYD services. Contractors are not required to verify lack of involvement in the juvenile justice system but are required to complete risk factors for each youth. To be eligible to participate in the CYD program, Youth must exhibit at least two of the following priority characteristics: • Behavioral concern • Current or former military connection • Current or past alcohol abuse - Caregiver • Current or past alcohol abuse - Index Youth • Current or past child maltreatment or child welfare involvement • Current or past conflict at school • Current or past criminal justice involvement - Index Youth • Current or past domestic or interpersonal violence • Current of past use or abuse of other substance - Index Youth • Developmental delay or disability - Caregiver • Developmental delay or disability - Index Youth • Family dynamics or structure concern • Family or household conflict • High stress level • Homeless or runaway • Household has a child with developmental delays or disabilities • Household has a history of alcohol abuse or a need for alcohol abuse treatment • Household has a history of substance abuse or needs substance abuse treatment • Low school attainment - Caregiver DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 • Low-income household • Mental health concern - Caregiver • Mental health concern - Index Youth • Parenting skills concern • School engagement concern • Social support concern - Household contains an enrollee who is pregnant and under 21 D. Contractors are not limited to serving only youth who are eligible for CYD services. It is necessary to note however, that only services provided to eligible youth, as defined above, can be reimbursed through CYD. Contractors must track and document services provided to eligible and non-eligible participants to support amounts billed to CYD and to determine CYD performance measures. Scope of Services A. The CYD program will fund prevention services that are directly linked to juvenile delinquency prevention. Intervention services, including diversion programs,are not appropriate under the CYD model. To the greatest extent possible, services should be designed to appeal to those youth most vulnerable to juvenile delinquency. The City is responsible for ensuring an appropriate balance between intensive programs that serve a limited number of youth and less intensive programs that can serve greater numbers of youth. In determining which services will be funded, the City with the help of the Review Committee will consider the overall potential impact on the ZIP code based on the number of youth to be served, the hours of intensity with the youth, the need in the community and other factors. B. A diverse array of services can be provided through the CYD program. C. Any activities related to boxing cannot be funded through the CYD program. Supplanting of funds is unallowable. For any service to be provided, the Fiscal Agent must ensure that services do not duplicate those already provided in the community through other funding sources, but do fill gaps in service and enhance or compliment other services. All participants must enter the program voluntarily. Voluntarily means that the Family or Youth must not be coerced, court ordered, or mandated to participate in CYD. Contractor cannot charge Participants a fee for participating in a program or for any program participation-related costs. D. Direct service staff of the Contractor must be at least 18 years of age, have a High School Diploma or GED, and 1 year of experience in the health and human services field to include work with youth. E Required Programming for the 78415 Zip Code as required by DFPS. Required CYD Program Components each City must implement the following Youth- focused opportunities: Mentoring, Youth Advisory Committee (YAC), Youth DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 Leadership Development (YLD), and Post High School Readiness (PHSR). These four services will take precedence over other programs when funding is considered. The four Core Services are as follows: 1. Mentoring - a. Research affirms the significant positive effects that quality Mentoring relationships have on the developmental outcomes and opportunities for young people. Mentoring takes place between young persons (i.e., mentees) and older or more experienced persons (i.e., mentors) who are acting in a non-professional helping capacity to provide support that benefits one or more areas of the mentee's development. Mentoring must primarily focus on facilitating an ongoing positive relationship between the Youth and a caring adult role model who provides help to the younger person as he or she goes through life. Following the Elements of Effective Practice for Mentoring research from the National Mentoring Partnership, each mentor program should have a Theory of Change that explains how the Mentoring, and the activities that mentors and mentees engage in, will result in the desired outcomes at the Participant and Community level. b. The Contractor must have program guidelines for its Mentoring program. These guidelines should include requirements for: i. Recruitment (mentors and mentees): Description of eligibility requirements; expectations for Mentoring relationship and outcomes; target audience for recruitment, and; methods of recruitment. ii. Screening: Description of application and interview process; criteria for accepting or disqualifying applicants; assessing safety and suitability for Youth; comprehensive background check; references check; written agreement with expectations for length of relationship and frequency of meeting. iii. Training: Description of required number of training hours and mode of training to be used. Training content must include: • allowable contact between a mentor and mentee (e.g., only at school or in community); • a definition of Mentoring; • the role of a mentor and a mentee; • guidelines for any financial transactions to include gifts; • sources of assistance available to support mentors; • initiation and termination or closure of mentoring relationship; • warning signs and problem solving for certain mentee behaviors or crises (e.g., self-harm, suicidal ideation, aggression,etc.); DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 • risk management policies (appropriate physical contact, safety, transportation of mentees, mandatory reporting requirements, confidentiality and anonymity, money, photos and social media use, emergency procedures, etc.); and • expectations for the frequency of connecting and length relationship for both the mentor and mentee. c. Matching and Initiating Mentor Relationship: Description of matching process should consider characteristics of mentor and mentee; Program staff member present for initial in-person meeting between the mentor and mentee to sign commitment agreement consenting to the rules and requirements (e.g., frequency, intensity and duration of match meetings, roles of each person involved in the mentoring relationship, frequency of contact with program staff), and risk management policies; Parental notification and consent process. d. Monitoring and Support: Description of supervision, support, and feedback provided to mentors; program staff follow up with mentor and mentee after meeting; regularly assess fitness of match; program staff provides mentors with access to relevant community resources for Youth and referral agencies. e. Relationship closure: Description of procedure to manage, document, and notify Participants of anticipated and unanticipated closures; program conducts exit interview with mentors and mentees; programhas a written policy and procedure for managing re-matching; review of program rules for post-closure contact. f. Additional mentor program requirements and restrictions: i. Peer mentoring and family mentoring programs do NOT satisfy this requirement. ii. Mentoring must be conducted in individual or small group settings. The ratio of Mentoring for group settings should be no greater than four Youth to one mentor. iii. Most Mentoring should be in person, Contractor must provide justification for any virtual programming. 2. Youth Advisory Committee (YAC) - a. The YAC is an advisory body of young leaders currently participating the CYD program. b. The goal of the YAC is to promote the voice and choice of a consistent group of young leaders through structured, monthly, Youth-led meetings. c. The YAC will provide input, give feedback, and participate in decision- making to help shape their local CYD program, as well as assess and DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 address the needs of their Community by planning and implementing meaningful service-learning projects. d. The YAC must include 10-20 Youth, comprised of both middle- and high- school Youth between the ages of 13 and 17. e. The YAC must meet monthly, at a minimum, and must have between 10 and 20 Youth in attendance at each meeting, with the expectation that Youth are consistently attending and participating in YAC meetings. Typically, at least an hour per monthly meeting is needed to accomplish the goals of the YAC. f. Contractor should indicate the types of locations where meetings will take place and how they will ensure the safety of Youth at the location, as well as ensure transportation to and from the meetings and address any barriers to recruitment or consistent participation and engagement. g. YAC Youth must be engaged in outreach and awareness efforts and involved in the development and implementation of the CSNA forCYD: i. Outreach and Awareness - YAC Youth must be involved in promoting the CYD programming within their Communities to engageadditional Youth into CYD. This could include, but is not limited to, engaging YAC members in planning and implementation of program recruitment strategy, conducting outreach and awareness activities, and developing marketing materials. ii. Active Participation related to CSNA - YAC Youth must be involved in the development and implementation of the CSNA. Youth must be involved in collecting feedback from local Youth, including CYD Participants, about needs for CYD programs and activities, and the impact of CYD on Positive Youth Development. h. YAC Youth must receive Youth Leadership Development (YLD) in addition to participating on the YAC. i. To ensure YAC goals for Youth safety, engagement, participation, leadership skill and community building are met, each CYD program must have a dedicated staff member as the YAC Coordinator. j. The YAC is intended to be a singular advisory body. If Contractorchooses to facilitate two or more independent YAC groups that meet separately, a monthly opportunity must be provided for all YAC members to meet as a singular advisory body. k. Selected YAC Youth must participate in the annual CYD Youth Summit. Pending available funding, typically 6 Youth (3 male, 3 female) will be chosen from each contract, with 1 chaperone per 3 Youth. YAC Coordinator must attend as one of the chaperones and provide any needed support to Youth while at Youth Summit or needed by the Youth Summit coordinating body. The Youth Summit is intended to strengthen DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA4966lA3C51 local YAC and develop leadership skills, while networking with other YAC Youth from across the state. YAC Youth participation will be at the discretion of the CYD Youth Summit Contractor. 3. Youth Leadership Development (YLD) - a. Youth Leadership Development is part of the Youth development process and supports young people in developing: the ability to analyze their own strengths and weaknesses, set personal and vocational goals, and have the self-esteem, confidence, motivation, and abilities to carry them out (including the ability to establish support networks in order to fully participate in Community life and effect positive social change); and the ability to guide or direct others on a course of action, influence the opinions and behaviors of others, and serve as a role model. The YLD program component must view Youth as resources and build on their strengths and capabilities to develop within their own community b. The YLD program component should be intentionally designed as a multi- week experience that provides participants a comprehensive understanding of leadership history, philosophies, attitudes, and skills and that allows opportunities for hands on application and practice. c. To meet the requirements of YLD, each program must contain all three of the following elements: Table 1 Element 11 1 Desctiption 1. Leadership An examination of leadership history, leadership Ktiowledge philosophies. key leadership cllalactelistics, and leadership styles, hlils element may include self- assessinenls, ac1JN'itles, focused (Il1 developing a persollnl leadershila ph.ilosoj)hy, leadershil7 else studies, fool:Clubs featlu•ilm specific leaders or leadclshi111nact ces, etc. 2. Leadership The opport1111ity to learn about and prac:ticc keys leadership Skill Buildliig skills in a sale, supporlive I_miron unit. This element sliould Iiielude leadership skill activities. practice. and rolloclle}ll. l.eaderslilp skills rnip.lit Mclude. bul are not limited to: tcanlbuildiu�. conlnnlnicatlon, s C3i117Icl rosolutloi1, foal-sevtllllg, rlslimisible decisim1 nioklllE'. problem sill,,-Mg. embi-iic 1g dWers1tV, t1111e' 113a11a'e1I elft, ci-eatll'e thlliklli ,, proIect plaim]'110. .1. 1,Ladership in 11'11ttin�" Icadelship skills into acts{ill 1111'[}11gh real-llle Action application. This nli 111 include 'I'olllli-led projects. service learning,opportunities, tither project-based learning opportuIli lies,, etc. (Adapted from Designing Studeid Letwderyhip Prograrn.s: Trwisforillirag the Leadership Potential of Youth by Mariam G. ac Uregol) DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 d. YLD programs should be created with a Scope and Sequence that provide opportunities for Youth to engage in all three of the above elements over the course of the program cycle, however that is defined by the Contractor (3 months, 6 months, 12 months, etc.) A general Scope and Sequence for a multi-week program must be mapped out before the YLD program begins that identifies which YLD elements are being addressed each week of the YLD program cycle. Please refer to Attachment C -Scope and Sequence for a template and example Scope and Sequence of a multi-week YLD program incorporating all three YLD elements. Contractor should include YLD Scope and Sequence in Attachment B, Project Work Plan. e. If a program does not contain each of the elements listed above over the course of the program cycle, it does not meet the criteria of YLD and should be recorded in PEIRS as `Curriculum-Based Life Skills' or `Life Skills Non-Curriculum.' f. Contractor must offer YLD to Youth at least one timeper calendar month. g. The YAC group alone does not satisfy the requirement for a Youth Leadership Development program. While all YAC participants must participate in YLD, the Contractor must offer a YLD program that is separate and distinct from the YAC with the capacity to serve additional Youth. 4. Post-High School Readiness (PHSR) a. Post-High School Readiness refers broadly to preparing young people for their transition from school to the multiple pathways after high school graduation, equipping Youth with the experiences and skills necessary to successfully manage the responsibilities required upon entering college, career, and workplace environments. Readiness is achieved byacquiring the learning competencies, intellectual capacities and experiences essential for all students to become lifelong learners; positive contributors to their families, workplaces and communities, as well as to become successfully engaged citizens of a global 21 st century. b. Examples of Post-High School Readiness include, but are not limited,to: i. Career exploration and workforce readiness: Provide a realistic view of work along with necessary skills and workplace ethics to successfully maintain employment. Activities to promote career planning and acquisition of workplace skills, including vocational training and academic planning specific to career goals. Assessment and planning integrate school experiences (coursework, extracurricular activities and vocational or career assessments) with community experiences (volunteer work, regular employment, job shadowing, and job fairs) toward career objectives. Other activities include job search assistance, interviewing skills training, assistance with disability-related accommodations, and job-finding training DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 (including resume preparation, information on non-traditional career opportunities, and job application completion.) ii. College readiness: Provides the level of preparation needed for young people to enroll and succeed in postsecondary education. Activities offered should promote college planning skills in young people, which may include awareness of and preparation for school applications, pre-requisite testing, scholarship application and financial planning, college campus culture, intellectual norms in the academic environment, decision-making and assessing risky behavior, and expectations for engagement. Other activities could include college campus visits, test preparation, discussing expectations with current college students, and scholarship search assistance. iii. Curriculum-based life skills: Provide Youth activities that are based upon a written curriculum for individual skills development including, but not limited to, communication, self-control, anger management, problem solving, adapting to change, choosing friends wisely, healthy relationships, and independent living. Activities offered should promote healthy decision-making, goal setting, budget planning and financial literacy, healthy eating and nutrition, digital and civic literacy, healthy living and wellness, and self-advocacy. iv. Life Skills Non-Curriculum: Provide Youth with social, personal, and vocational skills and opportunities to help them achieve economic success, avoid involvement in criminal activity, and increase social competencies, e.g., conflict resolution, anger management, healthy relationships, career exploration, and interviewing skills. F. Ancillary CYD Program Components 1 . Ancillary programming is optional and selected by the Contractor to complement the CYD program. CYD programming must promote Protective Factors in Youth. Examples of ancillary CYD programming include: a. Youth-based curriculum class: Activities provided to Youth that are based upon a written curriculum. b. Family-Based Curriculum Class: Provided to the registered Index Youth or Caregiver along with their Family member(s.) These services are part of a specific written curriculum, e.g., family skills building, family effectiveness training, etc. These family programs encourage family unity, communication, improved decision-making skills and reduce family conflict. c. Family focused activity: Activity based, involve the Youth and at least one other Family member, and are not part of a written curriculum or counseling. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 d. Sports and Movement: Rewarding, challenging, and age-appropriate activities provided to Youth in a safe, structured, and positive environment, with the intent of promoting Positive Youth Development by way of a socializing effect through which Youth develop positive qualities. Examples may include organized sports or athletic activity, personal fitness, dance or movement. Boxing is not allowed. e. Arts and Cultural Enrichment: Programming to increase awareness, explore skill building, as well as develop and express creativity through developmentally appropriate activities involving visual or performance arts, culture, culinary arts, creative writing, digital arts, crafts ormusic. f. Academic Support: Designed to increase Youth engagement in the learning process, improved academic performance, Science, Technology, Engineering and Math (STEM) skill development, and bonding to the school (e.g., cooperative learning techniques," experiential learning" strategies, tutoring and basic skill building). g. Service Planning and Coordination: A strength-based approach that helps Youth assess their individual and developmental needs, identify available resources, and set goals to achieve specific desired outcomes leading to a healthy sense of self-reliance and interdependence with their community. Identifiable strengths and resources include family, cultural, spiritual, and other types of social and community-based assets and networks. G. Family and Primary Caregiver Engagement Requirements: 1 . Family engagement is associated with improved program outcomes. Parental involvement increases Youth participation in after-school programs, influences constructive Caregiver involvement in the home, and increases Protective Factors. Furthermore, father-figure involvement is linked to decreased drug use and decreased delinquent behavior. 2. Contractor must demonstrate a commitment to the meaningful involvement of Families and Primary Caregivers in CYD. There are several options to engage Families and Caregivers, with the intent to bring Youth and Families or Caregivers together in a meaningful way. The strategies that work bestwill depend on the dynamics of the Community served. Strategies may include Primary Caregiver leadership opportunities (volunteering at Youth-led events, participating alongside Youth on the local coalition, etc.), collaborative Parent Cafe or Youth Cafe events, family service learning, family nights, and many other strategies. Some ideas for Family or Primary Caregiver engagement can be found at: 3. httl2s://cdn.ymaws.com/nafsce.ora/resource/remgr/Toolkits/Boston Engagi ngFamilies Out.Qdf. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 4. Contractor must outline a plan for Family and Caregiver engagement in Exhibit D, Project Work Plan, outlining anticipated strategies and timelines for implementation. 5. At a minimum, one Family or Primary Caregiver event should be held each month of the fiscal year. 6. Activities or workshops serving only the Primary Caregiver such as parenting training or parenting skills classes, counseling, or stand-alone Parent Caf6s will not fulfill the Family and Primary Caregiver engagement requirement of this RFP. If these services are identified as a need in a specific community, the Contractor should work in conjunction with their local Family And Youth Success (FAYS) Contractor as a resource and referral for these services. 7. Contractor may hold Family-inclusive opportunities that allow Index Youth and Caregivers to come together for a portion of the activity and split into Caregiver- and Youth-specific groups engage in deeper learning, if appropriate. H. Additional Program Requirements 1 . Focus on Out-of-School Time Programming a. Under this grant, most of the programming during the school year should be offered during Out-of-School Time hours. This includes before school, afterschool, evenings and weekends. Programming that takes place while Youth are on summer break or other school breaks will vary by community and should align with programming gaps and Community needs. b. There are greater opportunities for Youth to be left unsupervised during Out-of-School Time hours, which increase the opportunities for Youth to engage in risky behaviors such as substance abuse or juvenile crime (McCombs, Whitaker, & Yoo, 20171 .) According to a 2019 report released by the Council For A Strong America, the majority of juvenile crime in Texas occurs between the hours of 2:OOPM and 6:OOPM. It benefits both Youth and their Communities to ensure Youth have access to enriching programming, safe spaces, and caring adults during Out-of-School Time hours. Programming during Out-of-School Time not only reduces the likelihood Youth will engage in risky behaviors, but also promotes increased academic performance, school connectedness, positive identity development, social-emotional skill development, physical and mental health, and civic development 2. Each CYD program should provide opportunities for Youth to increase developmental assets through participation. Each proposed program component (required and ancillary) should directly link to one or more of the Search Institute's identified 40 Developmental Assets: DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 a. External Assets i. Support o Family support o Positive family communication o Other adult relationships o Caring neighborhood o Caring school climate o Parent involvement in schooling ii. Empowerment o Community values Youth o Youth as resources o Service to others o Safety iii. Boundaries and Expectations o Family boundaries o School boundaries o Neighborhood boundaries o Adult role models o Positive peer influence o High expectations iv. Constructive Use of Time o Creative activities o Youth programs o Religious community o Time at home b. Internal Assets i. Commitment to Learning o Achievement motivation o School engagement o Homework o Bonding to school o Reading for pleasure ii. Positive Values o Caring o Equality and socialjustice o Integrity o Honesty o Responsibility o Restraint DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 iii. Social Competencies o Planning and decision-making o Interpersonal competence o Cultural competence o Resistance skills o Peaceful conflict resolution iv. Positive Identity o Personal power o Self-esteem o Sense of purpose o Positive view of personal future 3. Contractor must ensure that Youth are not denied or delayed services due to a wait list. The Contractor must have referral policies and procedures in place that provide alternative service options either through the Contractor or through other community resources when the Contractor is atcapacity. 4. Contractor should offer programming that reflect a mix of intensive activities that serve a limited number of Youth (e.g. one on one Mentoring) with lower intensity activities that serve a higher number of Youth (e.g. group recreation). 5. Contractor must provide programming or activities each month of thefiscal year, including during the summer months. 6. Youth may not participate solely in one-time activities. If one-time activities are planned, they should be an added value for Youth already participating in other CYD services or for outreach and recruitments purposes and cannot be a stand-alone service. 7. Contractor must submit documentation of evidence-base, research or information on each proposed program with a curriculum by completing the Attachment D - PEI Evidence-Based Program Ranking Tool. Contractor may not provide programming with empirical evidence or theoretical basis indicating that the practice constitutes a risk of harm to those receiving it. 8. Contractor must ensure services are easily accessible to Youth. Contractor must offer programming at times and places that meet the needs of local Youth. In addition, the Contractor must address any Youth transportation barriers or needs, and coordinate or provide transportation of Youth to participate in CYD activities. Transportation costs are reimbursable. 9. Contractor must outline educational benefits of any planned field trips and how the field trips align with the goals of CYD in their Project Work Plan. Field trips must not expose the Participants to any unnecessary safety risks. Contractors are responsible for securing any necessary permission from Participant Caregivers related to travel or field trips. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 10.Services are intended to be face-to-face in person. DFPS requires justification for any proposed virtual services. I. MANAGEMENT OF CONTRACT 1 . The Contractor must keep in mind the performance measures that must be met along with paperwork and administration requirements that must be completed in performing the CYD contract. Requirements include but are not limited to: a. Comply with all DFPS contract requirements that apply to subcontracts and follow the Contractor's policies and procedures as well as OMB and TAC guidelines when managing the fiscal, administrative and program aspects of CYD; b. Have policies and procedures in place for ongoing management of the CYD Program including planning and oversight of the overall program; c. Administrative management to include but not limited to personnel requirements, records maintenance, and DFPS Background Check requirements; d. Program management to include quality assurance processes to ensure appropriate service delivery and progress towards contract performance measures; e. Collection and submission of program forms and monthly participant data from youth, including but not limited to Registration Forms, Risk Factor Surveys, Pre & Post Tests, and Satisfaction Surveys; f. Support and at a minimum monthly supervision of all staff that provide direct services to clients, including volunteers. This supervision must provide the direct staff and volunteers an opportunity to gain professional development, support, and advice about their work with the clients; g. Attendance at Community Collaborative Committee meetings and submission of quarterly reports; h. Participation with CYD events and provider information meetings; i. Collaboration with all CYD providers including participating in marketing of the program to the community; J. Oversight to ensure that budget is appropriately managed to prevent any lapse in contract funds and ensuring that costs are reasonable, necessary, allowable and allocable under the contract and governing regulations (OMB circulars and the Texas Administrative Code). J. Organizational Requirements 1 . Contractor's organization must implement the following training requirements: DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 a. Contractor should submit a training plan for all CYD workers; including volunteers, Subaward employees, and anyone else working on the Grant; that includes both initial and ongoing training. Staff training must include the following competencies: i. New employee orientation; ii. Cultural Humility (required annually;) iii. Youth development (required annually;) iv. Evidence-Based or Promising Practice Program training (when appropriate); V. 40 Developmental Assets Training; and vi. Youth Program Quality Assessment Training. vii. Additional training topics may include, but are not limited to: o Healthy relationships; o Effective collaboration; o Effective group or meeting facilitation; o Ethics; o Mental Health First Aid Training; o Referrals and service connections; o Substance use; o Internet safety for youth; o Bullying; or o Suicide prevention and postvention. 2. Contractor are required to utilize the Youth Program Quality Assessment (YPQA) to assess the Contractor's activities and program offerings for responsiveness to the needs of CYD Youth and enhance their approach across the lifespan of the Grant. At a minimum, Contractors must complete the YPQA Basics Training within year one of the Grant. In person training on the YPQA Basics is highly preferred but may be completed virtually if necessary. 3. All service providers who meets the definition of "childcare" according to Texas Human Resources Code, Chapter 42, must apply to the appropriate regional childcare licensing office for licensing determination. DFPS must issue a current license or exemption for each CYD program. The City of Corpus Christi must review the results of this determination for compliance. If the scope of services offered through CYD changes, the service provider must reapply for either a license or exemption. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 ATTACHMENT B - BID/PRICING SCHEDULE Contractor YWCA Corpus Christi Contract No. Contract Period 9/1/21 - 8/31/2022 (A•) (B.) (C•) Cost Categories Reimbursable Other Program Total Match (1 A) Personnel - Salaries $27,058.20 $0.00 $27,058.20 (1 B) Personnel - Fringe Benefits - by Employee $0.00 $0.00 $0.00 (1 C) Personnel - Fringe Benefits - by Type $2,605.70 $0.00 $2,605.70 (2) Travel $1,177.20 $0.00 $1,177.20 (3) Supplies and Controlled Assets $7,100.00 $0.00 $7,100.00 (4) Capital Equipment (greater than $5K) $0.00 $0.001 $0.00 (5) Other Costs $0.00 $0.001 $0.00 Direct Costs Total $37,941.10 $0.00 $37,941.10 Indirect Costs Total (if applicable) $0.00 $0.00 $0.00 TOTAL $37,941.10 $0.00 $37,941.10 100% 0% 100.0% DocuSigned by: Certified By: Low— b Name: 9 ° dd Title: CEO Date: 12 2021 DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 ATTACHMENT C - INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this contract until all insurance required has been obtained-and such insurance has been approved by the City. Contractor must not allow any subcontractor, to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation endorsement is required on all applicable policies. Endorsements must be provided with Certificate of Insurance. Project name and/or number must be listed in Description Box of Certificate of Insurance. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day advance written notice of Bodily Injury and Property cancellation, non-renewal, Damage material change or termination Per occurrence - aggregate required on all certificates and policies. CRIME/EMPLOYEE DISHONESTY $1,000,000 Per Claims Made Contractor shall name the City of Corpus Christi, Texas as Loss Payee C. In the event of accidents of any kind related to this contract, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in statutory amounts according to the Texas Department of Insurance, Division of Workers' Compensation. An All States Endorsement shall be required if Contractor is not domiciled in the State of Texas. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit renewal certificates of insurance throughout the term of this contract and any extensions within 10 days of the policy expiration dates. All notices under this Exhibit shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that, with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, and volunteers, as additional insureds by endorsement with regard to operations, completed operations, and activities of or on behalf of the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide thirty (30) calendar days advance written notice directly to City of any, cancellation, non- renewal, material change or termination in coverage and not less than ten (10) calendar days advance written notice for nonpayment of premium. E Within five (5) calendar days of a cancellation, non- renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to stop work hereunder, and/or withhold any payment(s) which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this contract. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this contract. DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2020 Insurance Requirements Ins. Req. Exhibit 3-N Professional Services - Crime-Employee Dishonesty 04/14/2020 Risk Management - Legal Dept DocuSign Envelope ID: ECBA4B50-EAD5-44A6-A52F-FA49661A3C51 ATTACHMENT D - WARRANTY No warranty is required therefore, Section 8, Warranty Requirements subsections 8(A) and (B) are hereby void. - , � RaGG Ped " ei -y:ist• COfFIli_S C'IfISLI R h t ", La P Creek P1.Il., Area Code 78415 . snri� - Nf.� ] o © F%7] 0 Ell South Texas Pe[ronila a Botanical' Gardens& ] Nature Center l' o L' o o ® Area Code 0 0 0 78415 0 0 0 ❑ �z ❑ El ����IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII� 7777777+1 Go gle •x. Mapdatad2021 Ullted stales —dfeer[ so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 First Reading for City Council Meeting August 24, 2021 ss5 Second Reading for the City Council Meeting August 31, 2021 DATE: August 17, 2021 TO: Peter Zanoni, City Manager THRU: Tracey Cantu, Interim Director of Neighborhood Services Traceyc(a)cctexas.co m (361) 826-3021 FROM: Liza Lopez, Code Compliance Program Manager Lizac(a)cctexas.com (361) 826-3170 Emergency Demolitions CAPTION: Ordinance adding Section 13-27 to Corpus Christi Code to authorize emergency demolition of dangerous building due to sudden acts; and providing penalty. SUMMARY: This ordinance is being proposed to allow for the expediated demolition of structures that, due to a fire, accident, or other sudden act, have become a clear and imminent danger to the life, safety, or property of any person. In addition to protecting the lives and safety of the citizens of Corpus Christi, this ordinance will also reduce blight and deterioration caused by dangerous building whose structural integrity has been compromised by fire, accident, catastrophe, or other sudden acts. When there is clear and imminent danger to any person's life, safety, or property unless the building is immediately demolished, the director of development services may order its immediate vacation and demolition. BACKGROUND AND FINDINGS: The proposed ordinance will allow Code Enforcement to move forward with the emergency demolition of structures damaged due to sudden acts such as fire, accident, water damage, vandalism or occurrence that threatens the structural integrity of the building. This ordinance will bypass the current process of taking properties to the Building Standards Board due to the health and safety conditions of the structure for the surrounding properties and public. This ordinance allows the property owner to submit a written request for hearing (within 72 hours) for reconsideration or a plan of action to stabilize the structure to the Director of Development Services. ALTERNATIVES: Rejecting the proposed ordinance and waiting up to 6 months to get the structure demolished when it is deemed a health and safety concern for the public. FISCAL IMPACT: The property owners will be issued an invoice for the demolition of the structure. No additional officers are being proposed to enforce this ordinance. FUNDING DETAIL: N/A RECOMMENDATION: Code Enforcement staff recommends approval of this ordinance. LIST OF SUPPORTING DOCUMENTS: Proposed Ordinance Sec. 13-27 Ordinance adding Section 13-27 to Corpus Christi Code to authorize emergency demolition of dangerous building due to sudden acts; and providing penalty. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Corpus Christi Code is amended by adding Section 13 -27, Emergency Demolition, to read as follows: Sec. 13-27 Emergency demolitions. (a) Emergency arising from sudden acts or occurrences. (1) Where it appears to the Building Official or designee, that due to structural defects or conditions arising from, but not limited to, fire, accident, water damage, vandalism, or other sudden act or occurrence thereby threatening the structural integrity of a building, there is clear and imminent danger to the life, safety or property of any person unless the building is immediately demolished, the director may order its immediate vacation and demolition. Such declaration shall be in writing and shall include a determination that under the circumstances, no other abatement procedure is reasonably available except demolition. (2) Notice that the structure has been determined to be a clear and imminent danger to life and safety may be issued: a. By placard affixed to the property or by stake driven into the ground. It shall be unlawful for any person to remove the posted notice without written permission of the director and no unauthorized person shall enter the building for any purpose; b. Via hand-delivery to the owner(s) of record per Nueces County Appraisal District records only if the owner resides within the Nueces County jurisdictional limits and available for personal delivery; or C. Via mail to the owner(s) as determined by searches of: (i) Nueces County real property records; (ii) Nueces County Appraisal District records; (iii) records of the secretary of state; (iv) assumed name records of the county in which the building is located; (v) tax records of the municipality; and (vi) utility records of the municipality. 1 (3) Within 72 hours of notice, the owner of the structure may submit a written request for hearing for reconsideration or submit a plan of action to stabilize the structure to the director of development services. Said plan of action shall be developed by a structural engineer registered in the state. a. If the plan is approved by the director of development services, said plan must be implemented within 24 hours of approval. b. If the plan is determined infeasible by the director of development services, the required affidavits shall be executed for commencement of the emergency demolition. C. If stabilization of the structure is begun within 24 hours of approval, the structure shall be scheduled for the next available hearing before the board charged with declaring public nuisances for presentation of a scope of work with dates certain for completion of rehabilitation. d. If a hearing for reconsideration is requested, the director of development services or designee shall promptly, within 72 hours of receipt of written request for hearing, hear such appeal and shall either sustain or revoke the Building Official's order. (b) The emergency demolition may be executed no earlier than 96 hours after notice. (c) After execution of the emergency demolition, the officials responsible shall: (1) File copies of the affidavits among the official records of the Code Enforcement case file; (2) Provide notice to the owner and Iienholders/mortgagees of record; and (3) Advise the board at its next regularly scheduled hearing. (d) The city, as a home-rule city, adopts the foregoing emergency abatement action pursuant to Texas Local Government Code chapter 214, §214.002, and the powers of self-rule granted by the voters under the City Charter as authorized by the Constitution of the state. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 2 SECTION 3. Penalties are as provided in Section 1-6 of the Corpus Christi Code. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 5. This ordinance takes effect after official publication. 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2021, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2021. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 4 Ordinance - 7 Emergency Demolition APA' Sudden Acts n CORPUS CHRISTI /RfYRT4l�ZE�• NEIGHBORHOOD SERVICES � a eas s td c_ —_11. — m a� I Emergency demolition of dangerous A, r it building clue to sudden acts What is it? Expedited demolition =` of structures that, due to a sudden act, has become a clear and imminent danger to life, safety, or property � V Emergency demolition o dangerous building cine to 4 k q ti sudden acts +O MIw Why do we need it? • To protect the lives and safety of the citizens of Corpus Christi K • To reduce blight and � deterioration caused by damaged buildings _ J i AIR Exp 'k Sudden A cts 10 Structural defects or conditions arising from, but not limited to: 1 . Fire 2. Accident 3. Water Damage 4. Vandalism 5. Other sudden occurrences that threaten the structural integrity of a building k m I Process Ordinance will bypass the current process of taking -- properties to the Building Standards Board due to the a A( health and safety risks the ` structure imposes upon surrounding properties and the general public. r �:1�► On', r d f , o -ice -- �1 Notice of structure imminent . r danger determination may be -�-- 4 determined by the City s Building Official and issued by Code Enforcement: l a. By placard affixed to the property or by stake driven into the ground. b. Via hand-delivered correspondence c. Via mail to the owner(s) it fir r` Appeal y • Property owner may submit a written request for hearing (within 72 hours) for reconsideration o Director of Development Services or designee shall hear such appeal and shall either sustain or r $, revoke the Building Official's order q \ 4 • Property owner may submit a written plan of action to stabilize the structure to ;y the Director of Development Services o The plan of action shall be developed by a structural engineer registered in the state. • If plan of action is approved by the Director of Development Services, it must be implemented within 24 hours of approval. , -. or Demolition it The emergency demolition may be irBobcat executed no earlier than 96 hours after a notice. .Y ti After execution of the emergency demolition, the officials responsible shall: ' 1 . File copies of the affidavits among a� p g the - official records of the Code Enforcement - case file; 2. Provide notice to the owner and r - lienholders/mortgagees of record; and 3. Advise the Building Standards Board at its next regularly scheduled hearing. Recommendation . Approve the Ordinance , . adding Section 13-27 to Corpus Christi Code to authorize emergency demolition of dangerous building due to sudden acts and penalty as provided in Section 1-6 of the Corpus Christi Code