Haterik na hue REGULAR MEETING OF THE CITY OF ARANSAS PASS CITY COUNCIL CITY HALL, 600 W. CLEVELAND BLVD., ARANSAS PASS, TEXAS MAY 5, 2025 = 6:00 PM THIS IS A BUSINESS MEETING CONDUCTED BY THE ELECTED GOVERNING BODY FOR THE CITY OF ARANSAS PASS. Out of consideration for all attendees and per Council Policy, please silence all electrical devices. Furthermore, there shall be no talking, gesturing, or derogatory comments during the meeting. All comments must be addressed to the Council and will only be permitted through acknowledgment of the presiding officer. Policy prohibits the exchange of conversatonVcomments amongst audience members. The advancement of the meeting will not be altered due to any interruptions. Any violation of Council Policies will result in removal from the City Council Meeting. Thank you for your cooperation. Ramiro Gomez, Mayor Carrie Scruggs, Mayor Pro Tem Jason Knight, Council Member Place 2 Joe Dominguez, Council Member Place 3 J. R. Haskins, Council Member Place 4 1. Call to Order and Certification of a Quorum 2. Invocation 3. Pledges 4. Special Consideration Items a. Discussion of projects using the Accrued Interest from the 2024 Certificates of Obligation Issuance. (City Manager) b. Consideration of approving an Ordinance amending the Fiscal Year 2025 Budget. (City Manager) 5. Announcements Regular City Council Meeting - May 5, 2025 1 With respect to items not listed elsewhere on this agenda, members may report on items of community interest, including announcing community events, announcing employee or community recognitions, or requesting placement of items on the agenda for discussion or action at a following meeting. a. City Manager's Announcements i. Swim lessons grant from Phillips 66 for Aransas Pass ISD second and third grade students ii. Tire Collection Event - Saturday, May 10, 2025, 9 am to 1 pm at 533 W. Cleveland (across from Dairy Queen) ii. Special Council Meeting = May 14, 2025 at 6:00 pm a. Canvass General and Special Election Returns 6. Citizen Comments At this time, the public is invited to address the City Council and speak on any matter not specifically listed for public hearing elsewhere in this agenda. Please note that the City Council members may not respond to comments or deliberate on topics if they are not included on this agenda. Each citizen will be allowed three (3) minutes to address Council. Citizens wishing to speak should fill out a speaker request form, located at the back of City Council chambers, and deliver it to the City Secretary before the meeting begins. City Council has adopted a policy consistent with state law that prohibits defamation, intimidation, personal affronts, or threats ofv violence, shouting, unruly behavior, and other similar behavior that impedes or disrupts the orderly conduct of meetings, such as distracting side conversations. See Section 2-1.1 for further details. 7. Consent Agenda No discussion is anticipated on any of the items in this section because they are routine business, were included in the budget adoption process, or have been previously discussed as a staff report or discussion item. These items will be considered collectively by a single vote, unless a council member requests an item be removed from the consent agenda. a. Consideration of approving the April 21, 2025 Regular Meeting Minutes (City Secretary) b. Consideration of approving the April 23, 2025 Special Meeting Minutes (City Secretary) 8. Action Items City Council will discuss, consider, and take any action deemed necessary on items listed in this section, including the adoption of a minute order, a resolution or an ordinance. a. Consideration of approving an Ordinance amending the City Code of Ordinances, Chapter 24 Platting and Services, Article I In General, Sec. 24-27 Development Service Fees by removing the base fees for variances and conditional use permit providing for a flat fee of $200 each. (City Manager) b. Consideration of approving an Ordinance reinstating MH-Manufactured Home District Rezoning approved on September 24, 2020 for Thomas Furlow and granting a time extension for a Recreational Vehicle Park (RV Park) being 12,083 acres at the southwest corner of N. Commercial Street and W. Gile Ave. (City Manager) Regular City Council Meeting May 5, 2025 2 C. Consideration of approving the renewal of a License Training Provider Agreement for thirty-six months with the American Red Cross to continue providing CPR and related training for the Police Department and Fire Department. (City Manager) d. Consideration of approving the renewal of an agreement with the Defense Logistics Agency Disposition Services, which allows the police department to participate in the excess Department of Defense (DOD) property transfer program (formerly known as the 1033 program). (City Manager) e. Consideration of approving an Ordinance amending the City Code of Ordinances, Chapter 25.7 Solid Waste, Article 2 - Refuse Collection, Sec. 25.7- 43, Disposal Of Natural Debris And Bulk Items at City Citizen Collection Station, Transfer Station Fees. (City Manager) f. Consideration of approving to award the bid to Derrick Construction, Co. for RFP 2025-003 Lighthouse Lakes Kayak Ramp Project for the construction of the kayak ramp at Lighthouse Lakes for $120,909.00. (City Manager) g. Consideration of approving to negotiate with K. Friese + Associates for the engineering services for RFQ 2025-002 Sherwood Forest Water and Wastewater Phase 3. (City Manager) h. Consideration of awarding Hotel Occupancy Tax (HOT) Funds for Year 2025 to organizations who submitted applications through the filing deadline of March 31, 2025. (City Manager) i. Consideration of approving a request from the Aransas Pass for Youth organization for sponsorship of the Aquatic Center during their 7-week program for student summertime activities on Tuesdays from 12:00 pm - 4:00 pm from June 10, 2025 - July 22, 2025. (City Manager) . Consideration of approving a location change for the July 5th Firework show to Conn Brown Harbor, and temporary road closure on Allen Blvd. from Aransas Marine Way to Turnbough Ave., for the execution of the fireworks show on July 5, 2025 from 7 pm to 10 pm. (City Manager) 9. Executive Session All items listed in this section will be deliberated in a closed session. Members of the public are not generally permitted to attend a closed session. Executive session items may be considered as an action item at the discretion of the Mayor; however, City Council will not take any action in closed session. a. Texas Government Code Section 551. 071 - To meet with its attorney to seek legal advice on a matter in which the duty oft the attorney to the city council under the Texas Disciplinary Rules of Professional Conduct of the state bar of Texas clearly conflicts with the Texas Open Meetings Act relating to: Regular City Council Meeting - May 5, 2025 3 i. Conn Brown Harbor Lease - Aransas Marine Ways b. Texas Government Code Section 551.087 Deliberation Regarding Economic Development Negotiations Relating To: i. JMMN, LLP 10. Action on Executive Session Items Council will reconvene in open session and may take action on any item listed in the Executive Session section of this Agenda. 11. Adjournment 12. Special Accommodations This facility is wheelchair accessible and there are special parking spaces near the main entrance. Requests for accommodation or special services must be made 48 hours prior to this meeting. Please contact the City Secretary's Office at (361) 758-5301 ext. 1103 or Fax (361) 758-8188 or email lysecrelaryQaplkxgoy for further information. With respect to any subject matter listed on this agenda, the City Council may meet in Closed Executive Session, if and to the extent allowed by Chapter 551 of the Texas Government Code, including, but not limited to, any of the following sections of Chapter 551: Section 551.071 Consultations with Attorney, Section 551.072 Deliberation about Real Property, Section 551.073 Deliberation regarding Prospective Gift, Section 551.074 Personnel Matters, Section 551.087 Deliberation regarding Economic Development Negotiations, and Section 551.089 Deliberation regarding Security Devices or Security Audits. Certificate of Notice I certify that a copy of the Notice of Meeting was posted on the City Hall bulletin board, a place convenient and readily accessible to the general public at all times, and to the City's website, www.aptx.goy, in compliance with Chapter 551, Texas Government. Date: 5/2/a025 Time: 5180 DAU Taken Down: - cKandiivlon Kandice Garrett, City Secretary Regular City Council Meeting - May 5, 2025 4 atark CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 ENNA Vao Date: May 2, 2025 To: Mayor and Council From: Mary Juarez, City Manager Title: Potential Projects from Accrued Interest PURPOSE: Consideration of projects using the Accrued Interest from the 2024 Issuance Certificates of Obligation BACKGROUND AND FINDINGS: On the April 23, 2025, the council discussed potential projects using accrued interest from 2024 Certificates of Obligation. There was a consensus for the following projects and amounts: Engine Truck $ 960,000.00 Brush Truck $ 265,000.00 Bunker Gear $ 204,000.00 Total Project Cost: $1,429.000.00 Total Accrued Interest (as of 03-31-25) $ 850,716.54 Addt'l Funds to Draw from Bond $ 578.283.46 We have reviewed the "Bunker Gear" inventory and the life span remaining for the structural and wildland gear, and after a thorough review of the current bunker gear and its expected lifespan, staff recommends purchasing 7 sets of structural gear and 24 sets of wildland gear. With the remaining available funds originally allocated for the Bunker Gear ($204,000), we recommend reallocating these funds to pave Wilson Street and replace aging fire hydrants to further enhance public safety. Below is a revised recommendation for projects using the Accrued Interest from 2024 Certificates of Obligation: Engine Truck $ 960,000.00 Brush Truck $ 265,000.00 Bunker Gear structuralwidland) $ 57,036.10 Fire Hydrants (4) e 11,104.00 Paving Project - Wilson $ 110,000.00 Total Project Cost $1,403.140.10 Total Accrued Interest (as of 04-30-25) $ 908,981.81 Addt'l Funds to Draw from Bond $ 494,158.29 Haba El - CITY OF ARANSAS PASS AGENDA MEMORANDUM SENNAS PAILIANP City Council Meeting of May 5, 2025 Date: May 2, 2025 To: Mayor and City Council From: Sandra Garcia, Director of Finance sgarcla@aptx.gov Title: Budget Amendment for FY 2025 PURPOSE: Consider and Act on approving the budget amendment to the Fiscal Year 2025 Budget BACKGROUND AND FINDINGS: 1. The Fire Department is purchasing an engine truck, a brush truck, and bunker gear. The proceeds from the 2024 COO will pay for these items. 2. The Water Department is replacing ten fire hydrants. They have six in inventory and will purchase four. Proceeds from the 2024 COO will pay for these. 3. The Streets Department will pave Wilson Avenue. The proceeds from the 2024 COO will pay for this project. ALTERNATIVES: None CONFORMITY TO CITY POLICY: Yes EMERGENCYNON-EMERGENCY: DEPARTMENTAL CLEARANCES: FINANCIAL IMPACT: [X ] Operating [X] Revenue [1 Capital [] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line Item Budget See Exhibit A Encumbered/ See Exhibit A Expended Amount This item See Exhibit A BALANCE See Exhibit A Fund(s): Comments: RECOMMENDATION: Staff recommends approval LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A ORDINANCE NO. 2025-4491 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, AMENDING THE BUDGET FOR THE FISCAL YEAR 2025 IN ACCORDANCE WITH EXISTING STATUTORY REQUIREMENTS; APPROPRIATING THE VARIOUS AMOUNTS HEREIN; REPEALING ALL PRIOR ORDINANCES AND ACTIONS IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Manager of the City of Aransas Pass has submitted to the Mayor and City Council proposed amendment(s) to the budget of the revenues and/or expenditureslexpenses of conducting the affairs of said city and providing a complete financial plan for Fiscal Year 2025; and WHEREAS, the Mayor and City Council finds the amendment in the line items identified in Exhibit "A" are reasonable, necessary, and for municipal purpose; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS THAT: Section 1: That the proposed budget amendments for the Fiscal Year 2025, as submitted to the City Council by the City Manager and which budget amendments are attached hereto as Exhibit "A", are hereby adopted and approved as the amended budget of said city for Fiscal Year 2025. Section 2: This ordinance shall take effect upon passage and in accordance with the laws of the State of Texas. Section 3: If any provision of this ordinance or application thereof to any person or circumstance shall be held invalid, such invalidity shall not affect the other provisions, or application thereof, of this ordinance, which can be given effect without the invalid provision or application, and to this end, the provisions of this ordinance are hereby declared to be severable. Section 4: This ordinance shall take effect upon the date of final passage noted below, or when all applicable publication requirements, if any, are satisfied in accordance with the City's Charter, Code of Ordinances, and the laws of the State ofTexas. PASSED AND APPROVED THE 5th DAY OF MAY 2025. CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, City Attorney Ordinance No. 2025-4491 Page 1 of 1 Exhibit "A" FY 2025 Budget Amendments Section 1. To amend the General Fund, the appropriations are to be changed as follows: Current Proposed Acct. No. Description Appropriation Decrease Increase Appropriation 100-650-5094 Capital Outlay 110,000.00 110,000.00 100-405-5009 Allowance Clothing 22,638.26 57,036.10 79,674.36 100-405-5094 Community Special Events 1,225,000.00 1,225,000.00 100-050-4153 Transfer In from Other Funds 125,000.00 1,392,036.10 1,517,036.10 2,784,072.20 This will result in a net increase of $1,392,036.10 in the appropriations of the General Fund. Section 2. To amend the Water/Sewer Fund, the appropriations are to be changed as follows: Current Proposed Acct.No. Description Appropriation Decrease Increase Appropriation 200-725-5050 Maintenance Line Repairs 140,000.00 11,104.00 151,104.00 200-050-4153 Transfer In from Other Funds 287,236.00 11,104.00 298,340.00 22,208.00 This will result in a net increase of $11,104.00 in the appropriations of the Water/Sewer Fund. Section 3. To amend the Grants/Bonds Project Fund, the appropriations are to be changed as follows: Current Proposed Acct. No. Description Appropriation Decrease Increase Appropriation 600-050-5850 Transfer Out to Other Funds 1,403,140.10 1,403,140.10 1,403,140.10 This will result in a net increase of $1,403,140.10 in the appropriations of the Grants/Bonds Projects Fund. Fnee Tbse Diopooal Sau Jaaboz ER iSN PAsIaNe THE CITY OF ARANSAS PASS WILL BE HOSTING A TIRE COLLECTION EVENT Saturday May 10, 2025 9am to 1pm 533 West Cleveland across from Dairy Queen We cannot accept tractor tires, semi tires, off road tires or tires with rims. GOT $ TIRES? For more information, please contact Tito Villarreal at 361-758-3111 Ext.3105. Tylar Murphy at 361-758-3111 Ext. 3160 Halark MINUTES Aransas Pass City Council Workshop Meeting Wednesday, April 23, 2025, at 6:00 pm City Hall - Council Chambers 600 W. Cleveland Blvd., Aransas Pass, Texas 78336 ania Finue 1. Call to Order and Certification of a Quorum Mayor Gomez called the Aransas Pass City Council Workshop Meeting to order at 6:00 p.m. With Council Members present, a quorum was established. Council Members present: Council Members Jason Knight, Joe Dominguez, J. R. Haskins, and Mayor Gomez. Mayor Pro-Tem Carrie Scruggs was absent. Staff present: City Manager Mary Juarez, City Secretary Kandice Garrett, Planning Director Brenda Joyas, Finance Director Sandra Garcia, Public Works Director David Flores, and Fire Chief Michael Neujahr. Also present was City Attorney Epimenio Ysassi. 2. Staff Reports and other Discussion Items Items in this section are not expected to require action by City Council and are generally for information only. However, all items listed in this section may become action items on request of any Council Member, and City Council may take action on any item listed in this section without further notice. a. Transfer Station Scale Fees Public Works Director David Flores presented this item and informed the Council that the Transfer Station is ready for operation and now it is time to agree on the fees for the creation of an Ordinance. There was discussion regarding the charges and the need for replacing the voucher system to use computer generated billing, and the hours. Finance Director Sandra Garcia spoke on the item and noted that it costs the City approximately $150,000 annually to operate the Transfer Station. She discussed adding an additional employee to run the Station reducing the deficit of $169,000 (last year's totals) to $30,000; therefore, freeing up $130,000 to appropriate to other projects in the General Fund. There was further discussion and the consensus from the Council to bring the Ordinance forward at the next meeting. b. Development Service Fees Planning Director Brenda Joyas presented this item and reviewed for the Council the past and proposed updated Development Services Fees. After further discussion there was Consensus from the Council to charge a flat fee of $200 each for the variance and conditional use permit (CUP) and remove the additional base fees and to bring the Ordinance forward at the next meeting. C. Potential Projects using accrued interest earned in the amount of $850,716.54 as of March 31, 2025 from the Bond Issuance 2024 Certificates of Obligation Workshop City Council Meeting Minutes - April 23, 2025 Page 1 of 2 City Manager Mary. Juarez presented this item and reviewed with the Council a consideration of items for potential projects such as street paving, the addition of two fire trucks, and an ATV with a trailer for the Fire Department. Councilmember Knight made a recommendation to purchase the Class 6 Brush Fire Truck, two sets of bunker gear for the firefighters, and street paving for 13th Street and Wilson Ave. for a total cost of eight hundred twenty-nine thousand dollars ($829,000). City Manager Juarez asked for the cost of the bunker gear, and it was provided to her by Council members Haskins and Knight to be two hundred and four thousand dollars ($204,000). Mayor Gomez spoke in favor of purchasing a new fire engine to ensure the safety of the public, noting the current truck has issues with reliability and constant breakdown for repairs. Fire Chief Michael Neujahr answered questions and Finance Director Sandra Garcia presented options to the Council in support of purchasing both the fire engine and the brush truck and possibly selling the current fire engine as surplus to apply funds for this project and reminded them the interest will continue to accrue up to the new budget cycle. There was further discussion and consensus from the Council about purchasing both the fire engine truck and the fire brush truck and the bunker gear for the firefighters for a total cost of one million four hundred thousand dollars ($1,400,000) and to bring it back at the next meeting. 3. Adjournment There being no further business to come before the Council, Mayor Gomez adjourned the meeting at 6:49 p.m. Ramiro Gomez Kandice Garrett Mayor City Secretary Approved on: - AS 5 Workshop City Council Meeting Minutes - April 23, 2025 Page 2 of 2 Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 AR Vmo Date: May 1, 2025 To: Mayor and City Council From: Planning Department Title: Chapter 24 Platting and Services, Article I In General, Sec 24-27-Development Services Fees Update on Variances and Conditional Use Permits. PURPOSE: Text amendment will address reducing variances and conditional use permits (CUP) to a flat fee of $200 each with no added base fees. BACKGROUND AND FINDINGS: Request was brought forth due to applicants for a variance and a conditional use permit complained that the fee was too high. After a lot of comments on social media and council people obtaining calls a workshop was arranged to discuss fees. Fees were explained that they were raised to deter many applicants from going around the code with a variance or conditional use permit. Once the fees were increased in 2024 the number of CUP's and variances decreased. Applicants were more open to looking at other options for development due to the high price. Lowering the fee would increase more cases and would not cover, the newspaper, property owner notices, and labor by city employees. After the workshop discussion it was agreed that the price would drop to $200 with no additional fees added. ALTERNATIVES: Not pass updated fees for variance, conditional use permit to operate in the green for work compensated for services. CONFORMITY TO CITY POLICY: Chapter 24 Platting and Services fees and permits should encompass all services provided to the community. EMERGENCYINON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: [1 Operating [X] Revenue [1 Capital [] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): General Fund Comments: With dropping fee to $200, office services will not be covered. RECOMMENDATION: Planning department recommends not reducing fee of variances and cup but is acting on the recommendation of City Council during workshop session. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance No. 2025-4492 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS, ADJUSTING VERBIAGE AND CREATING NEW FEES IN CHAPTER 24 PLATTING AND SUBDIVISIONS, ARTICLEIIN GENERAL, SEC 24-27 DEVELOPMENT SERVICES FEES INCORPORATING VARIANCES AND CONDITIONAL USE PERMIT UPDATED FEES REPEALING CONFLICTING ORDINANCES, PROVIDING FOR SEVERANCE, NOTICE, AND PENALTY, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Aransas Pass had updated fees in 2024; and WHEREAS, the City of Aransas Pass received complaints that variances and conditional use permits (CUP) were too expensive; and WHEREAS, the planning director explained that the high fees were implemented to deter the public in going around city codes which is done with variances and conditional use permits (CUP); and WHEREAS, the City Council of Aransas Pass had a workshop meeting to discuss the fees where the decision was made to reduce the fees to a flat fee and no additional fees added; and WHEREAS, the City Council finds that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, THAT: 1. Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Adjustments to Text. The City updates the variance and cup fee for services rendered described below with no additional fees added: Sec. 24-27. - Development services fees. Conditional Use Permit.. $200.00 Variance $200.00 Ordinance No. 2025-4492 Page 1 of 2 3. Repeal of Conflicting Ordinances. Any and all ordinances or parts of ordinance inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining provisions of this Ordinance shall not be affected, and it is the intent of the City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect upon publication and approval by the City Council of the City of Aransas Pass. PASSED AND APPROVED THE 5th DAY OF MAY 2025. CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Approved as to form: Epimenio Ysassi, City Attorney Ordinance No. 2025-4492 Page 2 of 2 Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 AR Vmo Date: May 1, 2025 To: Mayor and City Council From: Brenda Joyas, Director of Planning Title: Consideration of approving an Ordinance reinstating MH-Manufactured Home District Rezoning approved on September 24, 2020 for Thomas Furlow and granting a time extension for a Recreational Vehicle Park (RV Park) being 12,083 acres at the southwest corner of N. Commercial Street and W. Gile Ave. PURPOSE: Re-instate the MH-Manufactured Home rezoning with a time extension on an approved rezoning on September 24, 2020 from R7B Single Family Residential to MH- Manufactured Housing for a RV-Recreational Vehicle Park. BACKGROUND AND FINDINGS: The City of Aransas Pass granted the following three Ordinances: 1. Ord. No. 2020-4331 - A rezoning from R7B Single Family Dwelling District to MH- Manufactured Park Zone for an RV-Recreational Vehicle Park on September 24, 2020 with conditions to begin construction within twelve (12) months of approval, to replat the property and not use it for anything else, the property will be non- transferrable within twelve (12) months of approval. 2. Ord. No. 2021-4370 - The City of Aransas Pass granted an extension to the rezoning on November 21, 2021 with conditions to begin construction within eight (8) months of approval, provide a progress report at the end of six (6) months, that the property would not be used for any other reason than requested, with ownership being non-transferable within twelve (12) months of approval of this request. 3. Ord. No. 2022-4387 - The City of Aransas Pass granted construction in an Environmentally Sensitive Area on May 2, 2022 with conditions to begin construction no later than Friday, July 1, 2022, applicant to comply with all State, Federal, and local regulations; street light and fire hydrants any future buildings not approved under this permit must be returned to the ESA board for approval; the property shall not be used for any reason other than requested; the ownership shall be non-transferrable within twelve (12) months of approval. Property owners did not comply with any of the above requirements or conditions. Property continues to be undeveloped. Property owners contacted the City to re-instate the MH-Manuractured District rezoning to continue the project and asked to be able to submit an update for a time extension approval. ALTERNATIVES: Not pass and revert zoning to GB-General Business on Commercial St. frontage and R7A Single Family Residential in the rear of the property. CONFORMITY TO CITY POLICY: Did not meet conditions on past three Ordinances. EMERGENCYINON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: N/A FINANCIAL IMPACT: [I Operating [I Revenue [1 Capital [X] Not applicable Project to Date Fiscal Year: Expenditures Current Year Future Years TOTALS 2024-2025 (CIP only) Line Item Budget Encumbered/ Expended Amount This item BALANCE Fund(s): Comments: RECOMMENDATION: N/A LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance No. 2025- An ordinance of the City Council of the City of Aransas Pass, Texas, re-instating the MH- Manufactured House rezoning and granting a time extension of for an approved rezoning from R7B Single Family Dwelling District to a MH-Manufactured Park for an RV- Recreational Vehicle Park, being 12.07 acres, located in the southwest corner of North Commercial St. and West Gile Ave., more particularly described by Aransas County Appraisal District Property ID 42527; repealing conflicting ordinances, providing for severance, notice, and penalty, and declaring an effective date. Recitals Whereas, the City of Aransas Pass granted a rezoning from R7B Single Family Dwelling District to MH-Manufactured Park Zone for an RV-Recreational Vehicle Park on September 24, 2020 with conditions to begin construction within twelve (12) months of approval, to replat the property and not use it for anything else, the property will be non-transferrable within twelve (12) months ofa approval; and Whereas, the City of Aransas Pass granted an extension to the rezoning on November 21, 2021 with conditions to begin construction within eight (8) months ofa approval, provide a progress report at the end of six (6) months, that the property would not be used for any other reason than requested, with ownership being non-transferrable within twelve (12) months of approval of this request; and Whereas, the City of Aransas Pass granted construction in an Environmentally Sensitive Area on May 2, 2022 with conditions to begin construction no later than Friday, July 1, 2022, applicant to comply with all State, Federal, and local regulations; street light and fire hydrants any future buildings not approved under this permit must be returned to the ESA board for approval; the property shall not be used for any reason other than requested; the ownership shall be non- transferrable within twelve (12) months of approval; and Whereas, the City of Aransas Pass received an update from the owners: Espada Aransas Pass Holdings LLc-Tom Furlow and Brent Conlin on the project on May 5, 2025, and decided to approve to re-instate the MH -Manufactured Housing zoning and the extension of the rezoning for with conditions described in number 2 Adjustments to Text; and Whereas, the City Council finds that a sufficient written notice ofthe date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting as required by the Open Meetings Act, Chapter 551, Texas Government Code, and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. Now, therefore. be it ordained by the City Council of the City of Aransas Pass, that: 1.1 Findings. The findings contained in the recitals of this ordinance are declared to be true and correct and are hereby adopted as part of this ordinance for all intents and purposes. 2. Adjustments to Text. The City approves a time extension as explained in recitals with the following conditions: a. The start of construction shall begin by b. Applicant shall follow all State, Federal, and local regulations. C. Property shall not be used for anything other than a Recreational Vehicle Park. d. Rezoning shall stand within the approved time extension of regardless of conveyance. After the approved time extension of from approval, the rezoning shall terminate and refer back to GB-General Business on N Commercial and R7A Single Family Residential on the rear ofthe property. 3. Repeal of Conflicting Ordinances. Any and all ordinances or parts of ordinances inconsistent or in conflict herewith are, to the extent of such inconsistency or conflict, hereby repealed. 4. Severability. If any provision, section, subsection, sentence, clause or phrase of this ordinance, or the application of same to any person or set of circumstances, is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining provisions oft this Ordinance shall not be affected, and it is the intent ofthe City Council in adopting this Ordinance that no portion, provision, or regulation herein shall become inoperative or fail by reason of any unconstitutionality, voidness, or invalidity of any other portion, provision or regulation, and all provisions of this Ordinance are declared to be severable for that purpose. 5. Effective Date. This Ordinance shall take effect immediately upon its passage and approval by the City Council oft the City of Aransas Pass. Passed and approved this day of 2025. Ramiro Gomez, Mayor Attest: Kandice Garrett, City Secretary Approved as to form: Epimenio 'Epi'Ysassi, City Attorney Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 Aa Viue Date: 04/25/2025 To: City Manager Mary Juarez From: Asst. Chief of Police, Aaron Jones Title: Approve signing an updated Licenses Training Provider Agreement with American Red Cross. PURPOSE: Approve the Police Department Training Coordinator to sign a license training provider agreement (renewal) with American Red Cross for the Police Department and Fire Department to continue providing CPR and related training. BACKGROUND AND FINDINGS: Our current agreement with American Red Cross to provide CPR and other related training is up for renewal. This agreement would be valid for 36 months. ALTERNATIVES: Deny this request CONFORMITY TO CITY POLICY: Policy and license requirements require CPR certifications EMERGENCYINON-EMERGENCY: Non-Emergency DEPARTMENTAL CLEARANCES: Legal has approved this agreement FINANCIAL IMPACT: [1 Operating [ 1 J Revenue [1 Capital [X] Not applicable Comments: There is no cost for the agreement. RECOMMENDATION: Staff recommends the signing of this agreement LIST OF SUPPORTING DOCUMENTS: LTP agreement Training Services American Red Cross Licensed Training Provider Agreement Licensed Training Provider Agreement This Licensed Training Provider Agreement ("Agreement") is by and between The American National Red Cross ("Red Cross") and Aransas Pass Police Department (the "LTP") (each a "Party" and together the "Parties"), effective as of the last date of signature set forth below ("Effective Date"), for the purpose of licensing Red Cross training materials and curriculum to LTP in order to permit LTP to deliver instruction in the Red Cross training courses that are included within the product package(s) listed in Appendix B ("Courses"). 1. LTP Responsibilities. LTP will: 1.1. Only permit an individual to teach a Course and submit Course Records (as defined below) under LTP's account in Red Cross's learning management system ("LMS") if that individual (i) has an active certifi- cation by Red Cross to teach the Course, and is otherwise in good standing as an instructor with Red Cross, when the Course is delivered, and (ii) has been authorized by LTP to teach Courses on LTP's be- half and enter records for completed Courses ("Course Records" ") on LTP's behalf in Red Cross's LMS before the Course is delivered. (Individuals who satisfy all of these conditions are hereinafter referred to as Instructors"). 1.2. Cause Instructors to teach Courses using only Red Cross-approved instructional materials and such other copyrighted and proprietary educational content as Red Cross may provide from time to time to licensed training providers of Course instruction ("Course Materials"), in compliance with the most current Red Cross Training Provider Resource Guide ("Guide"), curricula, policies, and procedures, as the same may be amended or supplemented from time to time (collectively, the "Policies"), which Policies, as of the Effective Date, are available at ntps/www.redcrosseamingcenter.or: 1.3. Only sponsor, promote, and teach Courses and otherwise perform under this Agreement within the United States of America and its territories ("U.S."), as the Red Cross is only permitted to operate within the U.S. 1.4. Permit- -or, upon Red Cross's request, obtain permission for-Red Cross to enter upon the premises at which Courses are taught SO that Red Cross can observe LTP's Courses. Red Cross will cooperate with LTP in the scheduling of any such visit, but LTP may not notify its Instructors in advance of a scheduled visit. 1.5. Enter accurate and complete Course Records for each completed Course, along with all other requested information, into the Red Cross's LMS within ten (10) calendar days oft the date that any scheduling instance of a Course (each a "Class") has been completed, and comply with all terms and conditions of the LMS during such use. 1.6. Only issue Course completion certificates, using Red Cross-approved systems and forms, to students who have successfully completed a Course that has been administered by the required number of Instructors and otherwise in compliance with the Policies and this Agreement (it being understood that Red Cross may, in addition to other remedies, invalidate any Course completion certification not issued in conformity with this section). 1.7. Pay all fees payable under this Agreement when due, in accordance with section 5 below. 1.8. Be responsible for LTP's acts and omissions, and the acts and omissions of its Instructors, in connec- tion with the delivery of Courses under this Agreement. 1.9. Maintain insurance (or, if LTP is a public entity, self-insure through a publicly recognized self-insurance program) to cover its performance under this Agreement, as Red Cross insurance does not extend to LTP or its Instructors. If aquatics courses are included among the Courses that LTP is authorized to de- liver under Appendix B, maintain, at minimum, the types and limits of coverage set forth in Appendix C. Provide proof of insurance coverage to Red Cross upon its request. Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MJ Page 1 Training Services American Red Cross Licensed Training Provider Agreement 2. License to Course Materials; CPS. 2.1. Red Cross is the owner of Course Materials. Subject to the terms and conditions of this Agreement, Red Cross hereby grants LTP a limited, non-exclusive, non-transferrable, and non-sublicensable license to publicly display and perform, Course Materials solely for the purpose of conducting Courses authorized under this Agreement. LTP may not revise, edit or create derivative works of Course Materials, in whole or in part. 2.2. Course Materials will be made available to LTP by digital download or other means as determined by Red Cross. LTP shall only obtain Course Materials for Courses that LTP is authorized to provide, and only through distribution means authorized by Red Cross. 2.3. Any certificates memorializing the successful completion of any Course may be issued only through the LMS. LTP has no right or authorization to design or create its own Course completion certificates. 2.4. LTP shall use reasonable efforts to protect the Course Materials from use not permitted under this Agreement. This Agreement does not constitute a transfer of ownership rights in the Course Materials. LTP shall not use facts and information from the Course Materials to create its own courses and course materials. 2.5. LTP may, from time to time, at its election, participate in Red Cross's Class Posting Service ("CPS"). Us- ing the CPS, licensed training providers of Red Cross may advertise the availability of Courses to pro- spective students on Red Cross's on-line store, for additional fees. LTP agrees that its participation in the CPS will be governed by the terms and conditions contained in Red Cross's CPS User Guide, as the same may be amended from time to time. Red Cross may suspend or terminate the CPS with respect to all licensed training providers, including LTP, at any time or from time to time, in its sole discretion. 3. Use of Names and Marks. 3.1. Red Cross grants LTP the limited, non-exclusive, non-transferable and non-assignable license in the U.S. to use the name and logo of the Red Cross in the format set forth in the Guide (the 'Authorized Mark") solely to promote that LTP is an authorized provider of the Courses, and subject to all restrictions herein this Agreement and the Policies. 3.2. Except as expressly provided in this Agreement, neither Party may use the other Party's name(s), logos trademarks or other intellectual property in marketing materials, press releases, presentations other than Courses, or otherwise without the advance written consent of the other Party, which consent may be granted or withheld in the other Party's sole discretion. 3.3. LTP shall not state or imply that Red Cross sponsors or endorses LTP's business, products or services generally, or that any other training courses and services other than the Courses, are owned or en- dorsed by or otherwise associated or affiliated with Red Cross. 3.4. LTP shall not (i) create a compound mark with the Authorized Mark or (ii) use the Authorized Mark with any other design, slogan or trademark when such combination would tend to cause confusion as to source or affiliation. 3.5. LTP shall not in any instance, use a Greek red cross design in association with its business, goods or ser- vices. 4. Term and Termination. 4.1 This Agreement will be effective as of the Effective Date listed above and ends on the day before the thirty-six (36) month anniversary thereof, unless earlier terminated as provided below. 4.2 Red Cross may immediately terminate this Agreement if LTP breaches this Agreement. Red Cross may also terminate this Agreement if LTP breaches the terms of the CPS. Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MJ Page 2 Training Services American Red Cross Licensed Training Provider Agreement 4.3 Either Party may terminate this Agreement with advance written notice to the other Party of at least thirty (30) days. 4.4 Notwithstanding expiration or any termination of this Agreement, the provisions of this Agreement will continue to govern with respect to any amounts payable to Red Cross for Courses completed prior to such expiration or termination. The Parties' obligations under sections 5.10 and 7 below will also survive expiration or any termination of this Agreement. 5. Fees and Invoicing. 5.1 For each Course enrollee, LTP will be charged the per-student license fee that is applicable to that Course. Courses are included within the product package(s) listed on Appendix B. Fees for Courses are set forth in the price list attached to Appendix B. 5.2 Unless LTP has been approved for invoicing, LTP will remit payment by credit card upon entry of Course Records into LMS. All fees for CPS are non-refundable and will be paid by credit card at the time LTP submits the Class for posting. 5.3 Red Cross may approve or deny LTP's request to be invoiced at Red Cross's sole discretion. Invoices will be sent via postal mail, may be issued up to four (4) times per month, and will include all transactions submitted in that billing period. Payment in full is due thirty (30) days from the date of each invoice. If LTP does not pay any amount by the payment due date, the Red Cross may, in its sole discretion (a) suspend or terminate the LTP's invoicing privileges and require credit card payment at the time LTP enters Courses into LMS; or (b) suspend or terminate the LTP's right to deliver Red Cross training and enter Course Records into LMS. If the Red Cross pursues collections action to recover past due amounts, the LTP will be responsible for all costs of collection including reasonable attorney's fees and collection agency fees and expenses. 5.4 If approved fori invoicing, LTP may elect to have invoices delivered electronically to one (1) email address. LTP will provide Red Cross a single valid email address for electronic invoice delivery. LTP will receive a PDF copy of the invoice. LTP understands that LTP will not receive an invoice via postal mail after enrollment in electronic invoice delivery. 5.5 If LTP desires that invoices issued by Red Cross reflect LTP-issued purchase order numbers, then any such purchase order must be received by Red Cross at least ten (10) business days prior to the Class date; it being understood that under no circumstance will the absence of an LTP-issued purchase order number on any invoice excuse LTP's timely payment of that invoice. 5.6 To pay an invoice by credit card or to establish ACH payments, call 888-284-0607. To pay an invoice by check, include the remittance advice showing the LTP account name, customer number and invoice number, and send to: American Red Cross Training Services 25688 Network Place Chicago, IL 60673-1256 5.7 Red Cross is not obligated to use LTP's vendor payment portal. If LTP desires that Red Cross use LTP's vendor payment portal, LTP must make such a request in writing. Red Cross may grant or deny the request in its sole discretion. Acceptance of such a request may only be made in writing by an authorized representative of Red Cross. LTP must continue to pay invoices delivered by mail or email on ai timely basis while such a request is pending. If Red Cross elects to use LTP's vendor payment portal, Red Cross will not be obligated to pay LTP or any third party any fee or expense for such use, regardless of any provision to the contrary in such portal's terms of use. LTP will, on demand, promptly reimburse Red Cross for any such fee or expense. Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 3 Training Services American Red Cross Licensed Training Provider Agreement 5.8 If LTP has account balance or invoice questions or concerns, immediately upon receipt of invoice, LTP may email blling@redcross.Org or call 888-284-0607 to report and resolve the inquiry. 5.9 At least annually, Red Cross will review its national Course price list, and may increase its prices for Courses. Red Cross will notify LTP of any such increase. Such notice (which Red Cross may send to LTP's contact for notices or contact for billing in Appendix A) will specify the date on which the increase will take effect under this Agreement. That date will be at least thirty (30) days after the date of such notice. As of that effective date, prices under this Agreement will automatically be modified to reflect such increase without need fori the Parties to take any other action, including (without limitation) the execution of any separate modification of, or amendment to this Agreement. 5.10 Ift the Red Cross determines that any Course offered by the LTP is not taught in accordance with Red Cross Policies, the LTP will be responsible for any costs associated with re-training Course participants. Red Cross, at its sole discretion, will determine the appropriate party to conduct re- training, which may include the LTP, or any Red Cross employee, volunteer, or third-party licensed training provider. LTP's obligation to pay for retraining under this section will survive the expiration or earlier termination of this Agreement with respect to any such retraining that takes place after the effective date of expiration or termination; and the provisions for invoicing and collection of past-due amounts set forth in this Section 5 will continue to govern with respect to any such obligation. 6. Notices. Each Party's contacts for notices and billing under this Agreement are listed on Appendix A. 7. Confidentiality. Except as required by applicable law or otherwise provided herein, LTP will maintain in confidence the pricing information set forth in Appendix B. 8. Intellectual Property. 8.1 Red Cross reserves all rights not expressly granted herein, in its registered and common law trademarks, service marks, names, emblems, logos and designs including without limitation, the Authorized Mark (the "Red Cross Marks"), and in the Course Materials in whole or in part (collectively the "Red Cross IP"). 8.2 LTP acknowledges and agrees that the Red Cross IP is and shall remain the property of Red Cross, and that the license granted under this Agreement does not constitute a transfer to LTP of any ownership rights in the Red Cross IP. Further, the Parties agree and acknowledge that LTP's use of the Red Cross IP shall inure solely to the benefit of Red Cross. 8.3 LTP shall not commit, or cause any third party to commit, any act challenging, contesting or in any way impairing or attempting to impair Red Cross's right, title and interest in and to the Red Cross IP, includ- ing seeking registration of the Red Cross IP in whole or in part, or of any confusingly similar trademark or service mark anywhere in the world or incorporating LTP's business under the Red Cross Marks or any aspect of the Red Cross Marks or any name confusingly similar to the Red Cross Marks. 8.4 Upon the expiration or termination of this Agreement, all rights in the Red Cross IP herein granted to LTP immediately expire, and LTP will immediately cease all use of the Red Cross IP. 9. Miscellaneous. 9.1 Severability. In the event any provision of this Agreement is held invalid, illegal or unenforceable (any such provision, an "Invalid Provision") in any jurisdiction, the Red Cross and the LTP shall promptly negotiate in good faith a lawful, valid and enforceable provision that is as similar in terms to such Invalid Provision as may be possible while giving effect to the future benefits and burdens accruing to the Parties hereunder. But, in no way will the Invalid Provision affect the validity or enforceability of any Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 4 Training Services American Red Cross Licensed Training Provider Agreement other portion or provision of this Agreement, regardless of the ability of the Parties to negotiate a new provision. 9.2 Independent Contractors. Each Party is an independent contractor with respect to the other, and nothing herein shall create any partnership, franchise, or joint venture between the Parties or an employer-employee or agency relationship. No agent, employee or servant of any Party shall be, or shall be deemed to be, the employee, agent or servant of the other Party, and each Party shall be solely and entirely responsible for its acts and the acts of its agents, employees and servants. 9.3 Assignment. LTP may not assign its rights under this Agreement, or delegate its obligations, in whole or in part, without the prior written consent of Red Cross. Any attempted assignment or delegation in violation of the foregoing will be null and void. 9.4 Governing Law. The Agreement is governed by the laws of the District of Columbia, without giving effect to its choice or conflict of law rules. 9.5 Inapplicabilityofl Procurement Terms. This Agreement is not a contract for the purchase, sale, or use of personal property or for the rendering of personal or professional services by Red Cross. Iti is only a limited license in Red Cross IP. It is, therefore, not subject to policies, regulations, terms, conditions, or other requirements of LTP or any third party (including, but not limited to, the Federal Acquisition Regulation and any agency supplement thereto, and the U.S. Office of Management and Budget's Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards) that relate only to suppliers and vendors of goods or services. Under this Agreement, Red Cross will not carry out part of any Federal award received by LTP. Neither Red Cross, the host of its LMS, nor any other vendor to Red Cross in connection with this Agreement, will act as, nor may any of them be deemed, (i) a subcontractor to Red Cross or a first-tier or lower-tier subcontractor or sub-grantee to LTP under any prime contract or grant, or (ii) a first-tier or lower-tier processor of personal or other data for LTP or any third party. 9.6 Data Processing. Red Cross operates the LMS as a nationwide system of course certification. It does not operate the LMS as a service to, or as an agent or fori the benefit of, LTP. Insofar as Red Cross collects, processes, transmits, stores, or otherwise manages data, including personal data, contained in Course Records, it will not be doing SO for, or on behalf of, or as a service to, LTP. Red Cross retains all rights in and to the LMS and any Course Records uploaded by LTP into the LMS. 9.7 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes all prior agreements, understandings and representations, both written and oral, between the Parties with respect to the subject matter of this Agreement. 9.8 Amendments and Waivers. Amendments, addenda and waivers to this Agreement will be effective only if made, in each case, by a non-preprinted document clearly understood by both Parties to be an amendment, addendum or waiver, as the case may be, and signed by both Parties. Any additional or different terms or conditions contained in any purchase order, confirmation, receipt, invoice, click- through agreement, or similar documents will not be binding on either Party, whether or not such terms and conditions would materially alter this Agreement (and even if the receiving Party has signed or otherwise acknowledged such purchase order, confirmation, receipt, invoice, click-through agreement or similar document), and each Party hereby rejects all such additional or different terms and conditions. 9.9 Mutual Representations. Each Party is relying upon the truth and accuracy of the following warranties, as made by the other Party, as a material inducement to entering into this Agreement: A. LTP warrants that any information it has tendered to Red Cross concerning its legal status, identities of its directors, officers, shareholders, or other principals and affiliates, financial condition, current and historical operations, insurance coverages, and all other information Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 5 Training Services American Red Cross Licensed Training Provider Agreement requested by Red Cross in connection with any inquiry into LTP's capabilities and qualifications as a prospective licensed training provider of Red Cross, was, on the date it was provided to Red Cross and on the Effective Date, true and accurate in all respects and free of any misleading omissions. LTP acknowledges that the foregoing warranty is a material inducement for the Red Cross to enter into this Agreement. B. Each Party represents to the other that it is duly organized or incorporated and validly existing under the laws of the state where it is organized or incorporated (or, if it is organized under federal law, that it is duly organized and validly existing under the laws of the United States), that it has the power and authority to enter into this Agreement and carry out its provisions, that it has taken all actions required for it to enter into the Agreement prior to the Effective Date, that its representative who has signed this Agreement below is duly authorized to execute and deliver this Agreement, and that this Agreement is legally binding upon and enforceable against it. The Parties, acting through their duly authorized officers, have executed this Agreement, which shall come into force as of the Effective Date. Execution of this Agreement confirms LTP's receipt of the Training Provider Re- source Guide, which may be updated from time to time. LTP Name: Aransas Pass Police Department The American National Red Cross LTP Signature: Red Cross Signature: Name: Name: Jacqueline Ayala-Ibarra Title: Title: Sales Representative V Date: Date: Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 6 Training Services American Red Cross Licensed Training Provider Agreement Licensed Training Provider Agreement Appendix A - Contact Information Licensed Training Provider (LTP)Information LTP: Aransas Pass Police Department LTP Address: 600 West Cleveland Boulevard Customer Fax: Aransas Pass, TX 78336 US LTP Account Number: SF09738664 LTP Contact: Aaron Jones LTP Contact Email: ajones@aptx.gov LTP Contact Phone: 3613185399 Extension: (NOTE: All Billing Contact information MUST be completed for a specific individual; not a system/generic email) LTP Billing Contact Name: L. Yarbrough LTP Billing Contact Phone: 361-758-5224 Extension: 2419 LTP Billing Contact Email: yarbrougn@aptk.gov LTP Billing Address: 600 West Cleveland Boulevard Aransas Pass, TX 78336 US LTP DUNS Number: Email for electronic Invoice Delivery: Notices to be delivered to Customer Contact, above. Red Cross Sales Representative Name: Jacqueline Ayala-lbarra Phone: (972) 800-8051 Extension: Email: acqueineayalalaretrain-reacross.og Notices to be delivered to your Red Cross sales representative with a copy to The American National Red Cross, Office of the General Counsel at 431 18TH Street NW, Washington, DC 20006. Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 7 Training Services American Red Cross Licensed Training Provider Agreement Licensed Training Provider Agreement Appendix B - Product Packages and Price Lists Product Package(s) AP/LTP-ALS/PALS Blended AP/LTP-Basic Life Support AP/LTP-Bloodborne Pathogens AP/LTP-CPR/AED for the Prof Rescuer AP/LTP-Emer Medical Response AP/LTP-FA/CPR/AED AP/LTP-Responding to Emergencies AP/LTP-Spanish FA/CPR/AED CPS-Basic Life Support-Retail CPS-Bloodborne Pathogens-Retail CPS-CPR/AED for the Prof Rescuer-Retail CPS-Emer Medical Response-Retail CPSFA/CPR/AED-Retal CPS-FAST-Retail CPS-Responding to Emergencies-Retail CPS-Spanish FA/CPR/AED-Retail (Price List Attached) Additional Product Packages can be added as needed. Please contact your Red Cross representative as listed on Appendix A. Equipment and Materials Training equipment, materials and other supplies may be purchased through your Red Cross representa- tive as listed on Appendix A. or www.edCrosstoreors Method of Payment Preferred Payment Type: CREDIT/DEBIT CARD Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 8 Training Services American Red Cross Licensed Training Provider Agreement Licensed Training Provider Agreement Appendix C- Insurance Requirements for Aquatics LTPS LTPS who have Aquatics Courses included in Appendix B are required to maintain General Liability insurance COV- erage in an amount not less than $1,000,000 per occurrence naming the Red Cross as additional insured. The policy shall be written as primary policy coverage and not contributing with, or in excess of, any coverage which the Red Cross may maintain. Coverage limits may be met by a combination of primary and excess or umbrella policies. If LTP is a self-insured public entity, LTP must provide a certificate of self-insurance. LTP shall provide the Red Cross with certificates of insurance ("COIs") evidencing the required insurance cover- age and limits prior to the commencement of training activities under this Agreement, and renewal certificates, for as long as this Agreement is in effect, to the Red Cross contact referenced in Appendix A. In addition, LTP shall provide Red Cross with COls that conform to the above requirements for each affiliate, division, operating unit, and branch office of LTP that conducts training activities under this Agreement and maintains insurance coverage separate from LTP. LTP agrees to notify the Red Cross prior to any cancellation or nonrenewal of the required insurance policies. The Certificate of Insurance (COI) provided must be completed as follows: Certificate Holder: The American National Red Cross 431 18th Street, NW Washington, D.C. 20006 Description of Operations (shall read as follows): RE: Licensed Training Provider Agreement. THE AMERICAN NATIONAL RED CROSS, ITS GOVERNORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND PERMITTED ASSIGNS ARE INCLUDED AS ADDITIONAL INSUREDS WITH REGARDS TO GENERAL LIABILITY. PRIMARY AND NON- CONTRIBUTORY POLICY LANGUAGE IS INCLUDED WITH RESPECT TO GENERAL LIABILITY WHERE REQUIRED BY CONTRACT. All such insurance carriers shall be authorized to do business in the state in which Courses are being provided. Red Cross Licensed Training Provider Agreement - r. 03.26.2025;04.15.2025MI Page 9 - 0. Haba Lih CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 NNa Phse Date: April 28th, 2025 To: Mayor and City Council From: David Perkins, Chief of Police Title: Police Department agreement with the Defense Logistics Agency Disposition Services (1033 Program). CAPTION: Consider and act on approving the Mayor and Chief of Police to renew the agreement with the Defense Logistics Agency Disposition Services, which allows the police department to participate in the excess Department of Defense (DOD) property transfer program (formerly known as the 1033 program) PURPOSE: Participation in this program provides the police department access to surplus government property for military and law enforcement use. The police department currently uses acquired property from this program for police operations. BACKGROUND AND FINDINGS: This program was created and allows for law enforcement agencies to have access to equipment used for police operations. Law enforcement agencies rely on the program to supplement equipment needs. A list of equipment includes, but not limited to, armored vehicles, small arms and firearms accessories, and emergencyldisaster operations equipment to name a few. The renewal application is needed on an annual basis or when a change in leadership has occurred. ALTERNATIVES: End participation and return equipment that has already been acquired through the program. CONFORMITY TO CITY POLICY: EMERGENCYINON-EMERGENCY: Non-emergency DEPARTMENTAL CLEARANCES: City Administrator Police Department RECOMMENDATION: Staff recommends the approval of the renewal. LIST OF SUPPORTING DOCUMENTS: 1. Application renewal Form 2. Current inventory list of property acquired through the program DEFENSE LOGISTICS AGENCY DISPOSITION SERVICES 74 WASHINGTON AVENUE NORTH BATTLE CREEK, MICHIGAN 49037-3092 Law Enforcement Support Office (LESO) Application for Participation / Authorized Screeners Letter (This form is for State/Local Law Enforcement Agencies (LEA) only) *Indicates Required Fields SECTION 1: *Agency Name: Originating Agency Identifier (ORI) #:if applicable) Agency Physical Address: *City: *State: *Zip Code: *NCIC P.O. Box or Address (if different than abovei ie., terminal location) *Phone #: *Email: Note: Emailis is needed for automated system notifications. Agency MUST have at least 1 full-time officer to participate in the program. Indicate the number of compensated *Full-time: *Part-time: officers with arrest and apprehension authority. Part-time field MUST be filled in: N/A, 0 or is acceptable. RTD. Screener RTD: Screeners MUST be employed by the aforementioned LEA. Individuals identified below may request access to act as an authorized "RTD Screener" on behalf of this Law Enforcement. Agency. Agency MUST have at least 1 RTD Screener. Enter XXXXX" or "N/A" into all screener fields not used. *#1 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC( (Aircraft/Small Arms/Vehicle) #2 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) #3 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) #4 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC( (Aircraft/Small Arms/Vehicle) #5 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) #6 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) #7 *Official Title / Rank *First Name *Last Name *Email *Phone Number POC (Aircraft/Small Arms/Vehicle) Page 1 of 2 Version: November 2022 SECTION 2: RESERVED FOR LAW ENFORCEMENT AGENCY USE ONLY Law Enforcement. Agency/Activity The LESO Program defines this as a Governmental agency/activity whose primary function is the enforcement of applicable Federal, State and Local laws and whose compensated Law Enforcement officers have the powers of arrest and apprehension. certify that my agency meets the definition of a "Law Enforcement Agency/Activity" as described above. - certify that all information contained in this application is valid and accurate. understand that must provide my State Coordinator an application to update my agency participant information ift the following information changes: a) Chief Law Enforcement Official (CLEO) changes, b) Agency physical address changes, c) RTD: Screener additions/deletions, d) that my agency is abiding by the current version of the LESO approved State Plan of Operation (SPO) and any SPO Addendum(s) and e) that my agency has a signed copy of the SPO and any SPO Addendum(s) on file. I am signing this document as the CLEO of this law enforcement agency. *(Check only one): In my official position or as Acting/Interim, am authorized to sign documents on behalf of the CLEO for this agency. If checked, please provide appropriate documentation (i.e., current department policy, agency memorandum or other suitable documentation that provides such signature authority to the individual holding that official position). By signing this application, I certify that my Agency will comply with U.S. Code 2576a for all controlled property, which states; With the authorization of the relevant local governing body or authority, that my agency has adopted publically available protocols for the appropriate use of controlled property, the supervision of such use, and the evaluation of the effectiveness of such use, including auditing and accountability policies; and that it provides annual training to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property. I certify under penalty of perjury that the foregoing is true and correct. Making a false statement may result inj judicial actions or prosecution under 18 USC S 1001. *TITLE *PRINTED FIRST NAME: *PRINTED LAST NAME: *EMAIL *SIGNATURE *DATE SECTION 3: RESERVED FOR STATE COORDINATORS OFFICE USE ONLY By signing this application, certify that as the State Coordinator/State Point of Contact, have determined that: a) the agency meets the definition of a "Law Enforcement Agency/Activity" as described in Section 2, b) that all information contained in this application is valid and accurate, c) that the LEA is abiding by the current version oft the LESO approved State Plan of Operation (SPO) and any SPO Addendum(s)and d) that the LEA has a signed copy of the SPO and any SPO Addendum(s) on file. *PRINTED NAME FIRST & LAST *SIGNATURE *DATE SECTION 4: RESERVED FOR LESO USE ONLY NOTICE FOR DLA DISPOSITION SERVICES PERSONNEL: Regulatory guidance outlining Screener Identification and Authorization must be accomplished in accordance with DOD 4160.21-M, Volume 3, Enclosure 5, Section 3 (k). In accordance with the aforementioned reference, the LESO Program authorizes the individuals identified in Section 1 of this form to screen excess property at your facilities as authorized participants in the LESO Program. This authorized screener letter supersedes all previously issued screener letters for this Law Enforcement Agency/Activity and is valid only on or after the date signed by authorized LESO signatory. Only two individuals authorized to screen per visit; however, additional personnel may assist receiving material previously screened and approved fort transfer. *This agency is authorized to screen items via the LESO Program under authorized Agency DODAAC: LESO Notes: *Screener letter is valid one year from this date. Note: After one year *SIGNATURE from the LESO signatory date, the screener letter is no longer valid. LEAS may request a new screener letter through their SC/SPOC. Page 2 of2 Version: November 2022 State Plan ofOperation (SPO) between: The State of TEXAS and the (State/United. States Territory) Law. Enforcement. Agency (LEA) 1) PURPOSE This State Plan ofOperation (SPO) is entered into between the State/United States (U.S.) Territory and Law Enforcement Agency (as identified above), to set forth the terms and conditions which will be binding on the parties with respect to Department of Defense (DoD) excess personal property conditionally transferred pursuant to 10 USC $ 2576a, in order to promote the efficient, expeditious transfer of property and to ensure accountability of the same. 2) AUTHORITY The Secretary of Defense (SECDEF) is authorized by 10 USC $ 2576a to transfer to Federal and State Law Enforcement Agencies (LEAs), personal property that is excess to the needs of the DoD, including small arms and ammunition, that the Secretary determines is suitable to be used by such agencies in law enforcement activities, with preferences for umerdngoumteriemorim. disaster-related emergency preparedness or border security activities, under such terms prescribed by the Secretary. The SECDEF has delegated program management authority to the DLA. The DLA Disp Svcs LESO administers the program in accordance with (IAW) 10 USC S 2576a, 10 USC $ 280, DoDM 4160.21 and DLAI 4140.11. The DLA defines "law enforcement activities" as activities performed by governmental agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated law enforcement officers have powers of arrest and apprehension. 3) GENERAL TERMS AND CONDITIONS "DoD excess personal property" also known as "items", "equipment", "program property", or "property". "DLA Disposition Services Law Enforcement Support Office" also known as "1033 Program", "LESO Program", "the program", or "LESO". "State or U.S. Territory" also known as "the State", "State Coordinator (SC)", "State Point of Contact (SPOC)", or "SC/SPOC". "Law Enforcement Activities" also known as "agencies in law enforcement activities", "Law Enforcement Agency (LEA)", "program participant", or "State/LEA". a) Property made available under this agreement is not for personal use and is for the use of authorized program participants only. All requests for property shall be based on bona fide law enforcement requirements. Authorized participants who receive property from the program will not loan, donate, or otherwise provide property to other groups or entities (i.e., public works, county garage, schools, etc.) that are not otherwise authorized to participate in the program. Property will not be obtained by program participants for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. To receive such property, on an annual basis the LEA shall certify that they have: i) Obtained authorization oft the relevant local governing body authority (i.e., city council, mayor, etc.). ii) Adopted publicly available protocols for the appropriate use of controlled property, the supervision, and the evaluation of the effectiveness of such use, including auditing and accountability policies. in)Annual training in place and provides it to relevant personnel on the maintenance, sustainment, and appropriate use of controlled property, including respect for the rights of citizens under the Constitution of the U.S. and de-escalation of force. b) All costs associated with the transportation, turn-in, transfer, repair, maintenance, insurance, disposal, repossession or other expenses related to property are the sole responsibility of the State/LEA. The State/LEA shall also be responsible to reimburse the U.S Government (USG) for costs incurred in retrieving and/or repossessing property impermissibly transferred by the State/LEA to unauthorized participants. Page 1 of12 Version-February 2021 c) The State/LEA will maintain and enforce regulations designed to impose adequate security and accountability measures for controlled property to mitigate the risk ofloss or theft of property. Program participants shall implement controls to ensure property made available under this agreement is used for official law enforcement use only. The State/LEA shall take appropriate administrative and/or disciplinary action against individuals that violate provisions of the Memorandum of Agreement (MOA) between the Federal Government and the State/0.S. Territory and/or this SPO, including unauthorized use of property. d) All property transferred to the State/LEA via the program is on an as-is, where-is basis. e) LESO reserves the right to: recall property: issued to a State/LEA at any time. General use of definitions/terms: i) Demilitarization (DEMIL code)-a code assigned to DoD property that indicates the degree of required physical destruction, identifies items requiring specialized capabilities or procedures, and identifies items which do not require DEMIL but may require Trade Security Controls (TSC). Program participants are not authorized to conduct physical demilitarization of property. ii) "Controlled property"-items with a DEMIL code of B, C, D, E, F, G, and Q (with an Integrity Code of "3". Title and ownership of controlled property remains with the DoD in perpetuity and will not be relinquished to the State/LEA. When a State/LEA no longer has a legitimate law enforcement use for controlled property, they shall notify the LESO, and the property will be transferred to another program participating State/LEA (via standard transfer process) or returned to DLA Disp Svcs for disposition. i)-Non-controlled" property"-items with a DEMIL code of A or Q (with an Integrity Code of"6"). These items are conditionally transferred to the State/LEA and will remain on State/LEA accountable inventory for one year from the ship date. However, after one year from the ship date, DLA will relinquish ownership and title for the property to the State/LEA without issuance of further documentation. During this one year period, the State/LEA remains responsible for the accountability and physical control of the property and the LESO retains the right to recall the property. Participants should return any property in this one year period that becomes excess to their needs or they otherwise determine is not serviceable. (1) The LEA receives title and ownership of DEMIL "A" and "Q6" property as governmental entities. Title and ownership oft this property does not pass from DoD to any private individual or State/LEA official in their private capacity. Such property shall be maintained and ultimately disposed of IAW provisions in State and local laws that govern public property. (2) Sales/gifting of DEMIL"A" and "Q6" property after one year from the ship date inconsistent with State/local law may constitute grounds to deny future participation in the program. (3) After one year from ship date, DEMIL "A" and "Q6" property may be transferred, cannibalized for usable parts, sold, donated, or scrapped. (4) Once the property is no longer on the LEA accountable inventory, the property is no longer subject to the annual physical inventory requirements and will not be inventoried during a LESO Program Compliance Review (PCR). g) All physical transfers of property require LESO approval. Program participants will not physically transfer property until the LESO approval process is complete. Program participants may request their SC/SPOC approval to temporarily conditionally loan property to another program participant (ifi mission requires). Ifthe SC/SPOC approves the temporary conditional loan, it shall be done using an acceptable Equipment Custody Receipt (ECR). At the end ofthe temporary conditional loan, the item (s) shall be returned to the original LEA for accountability. All requests for conditional loans willl be based on bona fide law enforcement requirements. Page 2 of12 Version-February 2021 h) The program may authorize digital signatures on required program documentation. i) The State/LEA is not required to maintain insurance on controlled property, aircraft or other property with special handling requirements that remain titled to DoD. However, the State/LEA will be advised that if they elect to carry insurance and the insured property is on the program inventory at the time of loss or damage, the recipient will submit a check made payable to DLA for insurance proceeds received in excess of their actual costs of acquiring and rehabilitating the property prior to its loss, damage, or destruction. 4) STATE PLAN OF OPERATION The State shall: a) Assist in training LEAS with enrollment, property requests, transfers, turn-ins, and disposal procedures. b) Adhere to the requirements outlined in the MOA between the Federal Government and the State/U.S. Territory and ensure MOA amendments or modifications are incorporated into this SPO and program participants are notified and acknowledge responsibility to comply with changes. c) Submit a SPO to LESO that shall address procedures for determining LEA eligibility, allocation, equitable distribution of property, accountability, inventory, training, and education, State-level internal PCRs, export control requirements, procedures for turn-in, transfer, and disposal and other responsibilities concerning property. d)Enter into written agreement with each LEA, via the LESO-approved SPO, to ensure program participants acknowledge the terms, conditions, and limitations applicable to property. This SPO must be signed by the current Chief Law Enforcement Official (CLEO) (or designee) and the current SC/SPOC. e) Provide program participants the tollowing information: i) The LESO Program State POCs: State Coordinator (SC): Rolando Ayala State Point of Contact (SPOC): John Riddick III State Point of Contact (SPOC): Patricia Deaver State Point ofContact (SPOC): N/A ii) SC/SPOC Facility Information: Physical Mailing Address: 5805 N. Lamar Blvd Email: TXLESOPROGRAMODPSTEXAS.GOV Phone Number: 512) 424-7590 Website: https://www. dps. texas. govsection/texas-eso-programtexas-leso-program Hours ofOperation: 7:30 AM to 5:00 PM CST in) Funding to administer the LESO Program at the State-level is provided via: iv) The Governor of the State of Texas has appointed the Texas Department of Public of Public Safety, to conduct management. and oversight of this program. All funding and staffing will be provided by the Texas Department. of Public Safety Page 3 of12 Version-February 2021 5) PROPERTY ACCOUNTING SYSTEM The State will maintain access to Federal Excess Property Management Information System (FEPMIS) (or current property accounting system), to ensure LEAS maintain property books, to include, but not limited to, transfers, turn-ins, and disposal requests from an LEA or to generate these requests at the State- level and forward all approvals to the LESO for action. The State will: a) Conduct quarterly reconciliations of State property records. b) Ensure at least one person per LEA maintains access to the property accounting system. Users may be "active" or "inactive"i in the system, SO long as they are registered. Ensure registered users are employees of the State/LEA. c) Ensure LEAS receive and account for property in the property accounting system within 30 days. 6) LESO WEBSITE The State shall access the LESO website for timely and accurate guidance, information, and links concerning the program and ensure that all relevant information is passed to the program participants. 7) ANNUAL TRAINING 10 USC $ 280 provides that the SECDEF, in cooperation with the U.S. Attorney General, shall conduct an annual briefing oflaw enforcement personnel of each State (including law enforcement personnel ofthe political subdivisions of each State). Individuals who wish to attend are responsible for funding their own travel expenses. The briefing will include information on training, technical support, equipment, and facilities that are available to civilian law enforcement personnel from the DoD. The state shall provide program participants training material as discussed during the annual LESO training which includes information on property management best practices to include (but not limited to) searching for property, accounting for property on inventory, transfer and turn-in of property when it is no longer needed or serviceable. 8) ENROLLMENT The LESO shall establish and implement program eligibility criteria IAW 10 USC $ 2576a, DLA Instructions and Manuals and this SPO and retains final approvaldisapproyal authority for application packages forwarded by the State. Non-governmental law enforcement entities such as private railroad police, private security, private academies, correctional departments, prisons, or security police at private schools/colleges are not eligible to participate. Fire departments (by definition) are not eligible to participate and should be referred to the DLA Fire Fighter program administered by USDA. Law enforcement agencies requesting program participation shall have at least one full-time law enforcement officer. Program property may only be issued to ful-time/part-time law enforcement officers. Non- compensated reserve officers are not authorized to receive property. State law enforcement training facilities/ academies may be authorized to participate in the program given their primary function is the training of bona fide State/local law enforcement officers. Law enforcement training facilities/academies will be reviewed on a case-by-case basis. The State shall: a) Validate the authenticity of state/LEAs that are applying for program participation. Only submit to the LESO those application packages that the SC/SPOC recommendslcertifies are government agencies whose primary function is the enforcement of applicable federal, State, and local laws and whose compensated officers have the powers of arrest and apprehension. If the State forwards an unauthorized participant application package, this may result in a formal suspension ofthe State. b)Have sole discretion to disapprove state/LEA application packages in their State. The SC/SPOC should provide notification to the LESO when application packages are disapproved at the State-level. c) Ensure that screeners listed in the application package are employees of the LEA. A screener may only screen property for two LEAS. Contractors may not conduct screening on behalfofal LEA. d) Make recommendation on what constitutes a' "full-time" or "part-time" law enforcement officer. Page 4 of 12 Version-February 2021 e) Ensure LEAs update their account information annually, or as needed. This may require the LEA to submit an updated application package. An updated application package shall be submitted for (but is not limited to) the following: a change in CLEO, the addition or removal of a screener, a change in the LEA physical address or contact information, etc. f) Provide the LEA a comprehensive program overview once approved by the LESO for enrollment. The overview will be done within 90-days of a LEA being approved to participate. 9) PROPERTY ALLOCATION a) The LESO shall: i) Upon receipt of a SC/SPOC validated request for property through the RTD website, will review and give preference to requisitions indicating that the requested property will be used in the counter-drug, counter- terrorism, disaster-related emergency preparedness, or border security activities of the requesting LEA. Program participants that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. ii) Require additional justification for small arms, aircraft, ammunition, and vehicles and to the greatest extent possible, ensure fair and equitable distribution of property based on current LEA inventory and justification for property. in) Reserve the right to determine and/or adjust allocation limits, to include the type, quantity and location of property allocated to the State/LEA. Generally, no more than one item (per part-time/full-time officer) will be allocated. Quantity exceptions may be granted by the LESO on a case-by-case basis based on the justification provided by the LEA. Currently, the following allocation limits apply: (1) Robots: one (of each type) for every ten officers (ful-time/part-time). (2) High Mobility Multipurpose Wheeled Vehicle HMMWV)yUP-Amord HMMWV (UAH): one vehicle for every three officers ful-time'part-time). (3) Mine Resistant Ambush Protected (MRAP). /4 Armored Vehicles: two vehicles per. LEA. (4) Small arms: one (of each type) per officer (ful-time/part-time). (a) LESO may authorize over allocations of small arms in preparation for inevitable scenarios, i.e., training, equipment downtime (damage, routine maintenance, inspections) or other law enforcement needs. The chart below is the standard for small arms acceptable over-allocations: Small. Arms Acceptable Over-Allocations # of Officers # by type 1-10 2 or less 11-25 30 or less 26-100 50 or less 101-299 8 or less 300 or more 10 or less (b) In instances where small arm allocation amounts exceed the "acceptable over-allocation" levels, the LESO will coordinate with States to verify accuracy ofthe officer count. If: small arm allocation is still beyond acceptable levels, LESO may authorize one of the following: 1) an exception to policy, 2) a transfer, or 3) a turn-in. Page 5of12 Version-February 2021 b) The State shall: i) Assist the LEA in the use of electronic screening of property via the RTD website and shall access the RTD website a minimum of once daily (Monday-Friday) to review and process LEA requests for property. Property justifications shall be validated to ensure they meet the intent of 10 USC $ 2576a as suitable for use by agencies in law enforcement activities. Prior to approving a request or transfer, review the LEAS property allocation report to prevent over allocation. ii) Upon receipt of a valid LEA request for property, provide a recommendation to the LESO on the preference to be given to those requisitions for property that will be used in counter-drug, counter-terrorism, disaster- related emergency preparedness or border security activities of the recipient agency. Requests for vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference. The State shall consider the fair and equitable distribution of property based on current LEA inventory and LEA justifications for property. The State shall ensure the type and quantity of property being requested by LEAS is reasonable and justifiable given the number of officers (ful-time/part-time) and prior requisitions for similar items they have received (both controlled and non-controlled property). Generally, no more than one of any item per officer (full- time/part-time) will be allocated. 10) PROPERTY MANAGEMENT Certain controlled equipment shall have a documented chain of custody (i.e., an acceptable ECR), including a signature of the recipient. Controlled property requiring an ECR: small arms (including parts and accessories), aircraft, vehicles, optics, and robots. It is encouraged to utilize ECRs for all controlled property. LEAs may request cannibalization on aircraft or vehicles. Cannibalization requests shall be submitted to the State for review. Cannibalization must be approved by the LESO prior to any cannibalization actions. The cannibalized end item shall be returned to DLA Disp Svcs within the timeframes determined by the LESO. a). Aircraft-Aircraft will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be reported to the LESO at the end of their useful life. All aircraft are considered controlled property, regardless of DEMIL code. Aircraft that are no longer needed or serviceable shall be reported to the General Services Administration (GSA) for final disposition by the LESO Program Aircraft Specialist. b) Vehicles-Program participants that request vehicles used for disaster-related emergency preparedness, such as high- water rescue vehicles, should receive the highest preference. Vehicles will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and vehicles that are considered controlled property will be returned to DLA Disp Svcs at the end of their useful life. DLA Disp Svcs Field Activity/Site will identify qualifying DEMIL A or Q6 vehicles and may issue (upon LEA request) a Standard Form (SF) SF-97 to the LEA upon physical transfer of the vehicle. The LEA may modify the vehicle during the one year conditional transfer period. c). Ammunition-LESO will support the U.S. Army (USA), in allocating ammunition to program participants. Ammunition obtained via the program will be for training use only. At the time of request, the LEA will certify in writing that the ammunition will be used for training use/purposes only. The USA will issue approved transfers directly to the State/LEA. The State/LEA is responsible for funding all packing, crating, handling, and shipping costs for ammunition. The LEA will make reimbursements directly to the USA. Ammunition will not be obtained by LEAs for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan. Ammunition obtained via the program shall not be sold. Ammunition will be treated as a consumable item and not tracked in any DLA inventory system or inspected during PCRs. LESO shall track and maintain necessary records of ammunition that has been transferred to LEAs and will post all requests, approvals, and denials on the LESO public website. Page 6 of12 Version-February 2021 d) Small arms: i) Small arms will not be obtained by LEAS for the purpose of sale, lease, loan, personal use, rent, exchange, barter, transfer, or to secure a loan and shall be returned to DLA Disp Svcs at the end of their useful life. Cannibalization of small arms is not authorized. ii) Temporary modifications to small arms are authorized; permanent modifications to small arms are not authorized (i.e., drilling holes in the lower receiver of a small arm). In cases of temporary modifications, all parts are to be retained and accounted for in a secured location under the original serial number for the small arm until final disposition is determined. If the modified small arm is transferred to another LEA, all parts will accompany the small arm to the receiving LEA. 111) Small arms will be issued utilizing an acceptable ECR which obtains certain information about the property being issued to include (but is not limited to) the signature of the law enforcement officer who is accepting responsibility for the small arm(s), the serial number of the small arm, the date in which the law enforcement officer took possession of the small arm, etc. iv) Small arms that are not carried on an officer's person or in the officer's immediate physical vicinity will be secured using "two levels of physical security". Two levels of physical security meaning two distinct lockable barriers, each specifically designed to render a small arm inaccessible and unusable to unauthorized persons. Lockable barriers meeting this description may be either manual or electronic. v) Program participants no longer requiring program small arm(s) shall request authorization to transfer the small arm to another participating LEA or request authorization to turn-in/return the small arm. Transfers and turn-in requests shall receive final approval from the LESO; small arms will not physically move until the LESO provides official notification that the approval process is complete. When turning-in small arms to Anniston Army Depot, the LEA shall follow LESO turn-in guidance. vi) Local destruction (DEMIL) of small arms is not authorized. vii) Lost, Stolen or Destroyed (LSD) small arms: (1) Program participants with multiple instances of LSD small arms in a five-year window will be assessed by DLA Disp Svcs to determine if a systemic problem exists IAW DLAI 4140.11. (2) DLA OIG investigations may be initiated if small arms are improperly disposed of or become LSD while in program inventory. The State/LEA may be required to reimburse DLA the fair market value of the small arms when negligence, willful misconduct, or a violation of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO is confirmed at the conclusion ofthe Financial Liability Investigation of Property Loss (FLIPL). (a) Reimbursement will be within 60-days ofthe completion of the FLIPL. (b) Title will never transfer to the recipient regardless ofthe status of the small arm. (c) Payments due to DLA Disp Svcs, based upon the findings ofthe FLIPL, may be paid by one of three methods: 1) credit card via pay.gov, 2) cashier/ business check, or 3) wire transfer. (3) In instances of LSD small arm recovery, DoD retains title in perpetuity and the small arm shall be immediately elinguiahedurendered back to the program. Page 7of12 Version-February 2021 11) PROGRAM COMPLIANCE REVIEWS (PCR) a) The LESO shall: i) Conduct PCRs to ensure that the SC/SPOC, and all LEAS within a State are compliant with the terms and conditions of the program as required by 10 USC S 2576a, the MOA between the Federal Government and the State/U.S. Territory and/or this SPO and any DLA Instructions and manuals regarding the program. PCRs are conducted to ensure property accountability, program compliance, and program eligibility. ii) Conduct PCRs for participating States every 2 years, providing training to the State/LEA as needed. ini) Reserve the right to conduct no notice PCRs, or require an annual review, or similar inspection, on a more frequent basis for any State/LEA. iv) Intend to physically inventory 100% of property selected for review at each LEA during a PCR. The use of ECRs in lieu of physical inspection is discouraged during PCRs. Extensive use of the ECR (without prior coordination with LESO) may result in a non-compliance finding during the PCR. v) Intend to review as much property as possible during a PCR. (1) The goal is to review 20% of a State's overall small arms inventory. (2) The goal for inventory selections (at LEAs selected for review) is 15% of an LEAS general property to include non-controlled property (DEMIL code A and Q6). vi) Select LEAs not visited during thel last three regularly scheduled PCR cycles (as applicable). vii) Recommend corrective actions (which may: include suspending a State/LEA from program participation) for findings of non-compliance identified during a PCR. (1) The LESO shall issue corrective actions (with suspense dates) to the State, which will identify what is needed to rectify the identified deficiencies within the State/LEA. (2) If the State/LEA fails to correct identified deficiencies within the LESO suspense dates, the LESO may move to restrict, suspend, or terminate the State/LEA from program participation. (3) States found non-compliant for a PCR will be suspended for a minimum of 60-days and will not be reinstated until the State successfully passes a LESO-conducted PCR. vili) Ensure the State/LEA understand that property shall be transferred to a participating agency with SC/SPOC and LESO approval or returned to DLA Disp Svcs when no longer needed or serviceable. b) The State shall: i) Assist the LESO as required, prior to, during and upon completion ofthe PCR. ii) Assist in the coordination oft the PCR daily schedule of events and forward the schedule to LEAS that have been selected for review. ini)Contact LEAS that have been selected for the PCR via phone, email or in person to ensure they are aware of the schedule and are prepared for the PCR. Page 8 of 12 Version-February 2021 iv) Receive inventory selections from the LESO and forward them to the selected LEAS. The State shall ensure the LEA physically gathers the selected property in a central location (to the greatest extent possible) which will allow the LESO to physically inventory the property efficiently during the PCR. v) Coordinate the use of any ECR with the LESO prior to the PCR. vi) Ensure LEAS understand property shall be transferred to a participating agency with SC and LESO approval or returned to DLA Disp Svcs when deemed no longer needed or serviceable. vii) Conduct State-level (internal) PCRs of participating LEAS to ensure property accountability, program compliance and program eligibility utilizing a PCR checklist provided by the LESO, or equivalent (for uniformity purposes). (1) Ensure a State-level (internal) PCR of at least 8% of LEAS with program inventory is completed annually (3% of which will be focused on program participants with no controlled property). Results of the State-level (internal) PCR will be kept on-file with the State. Documentation shall be provided to the LESO for each LEA that received a State-level PCR. (2) The State-level (internal) PCR will include, at minimum: (a). A review ofthe dually-signed SPO, ensuring iti is uploaded toi the property accounting system. (b) A review of the LEA application package to confirm authenticity and eligibility ofthe LEA. (c) An inventory of property selected for review at each LEA. (d)A review of each selected LEA files for any of the following which may include turn- in/transfer DD Form 1348-1A, ECR, small arm documentation, FLIPL documents, exception to policy letters, approved cannibalization requests, or other pertinent documentation as required. (3) Request that the LESO restrict, suspend, or terminate an LEA based on findings during State- level internal PCR or due to non-compliance with terms of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. (4) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to a LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the State/LEA to the LESO. The SC may suspend or terminate a State/LEA participation in the program at any time for non-compliance. 12) ANNUAL PHYSICAL INVENTORY Each State/LEA is required to conduct an annual physical inventory of all property on the active property book and provide certification in the property accounting system. DEMIL "A" and "Q6" property records will not be closed during the annual physical inventory period. In the State of TEXAS the annual physical inventory and certification in the property accounting system process starts on. July 1 and must be completed by! August31 The State shall: a) Provide training to LEAS to properly conduct the annual physical inventory and complete the certification of property in the property accounting system. b) Ensure an approved and current SPO is uploaded in the property accounting system for each LEA. c) Validate the annual physical inventory certifications submitted by LEAS. Page 9 of1 12 Version-February 2021 d)Adhere to annual physical inventory certification requirements as identified by the LESO. Physical inventories and certification statements will be maintained on file IAW the DLA records schedule. e). Annually certify property is utilized and is within allocation limits IAW the MOA between the Federal Government and the State/U.S. Territory and this SPO ) Recommend suspension of program participants who fail to complete or submit the certified annual physical inventory. 13) REPORTING LOST, STOLEN, OR DESTROYED (LSD) PROPERTY Any property identified as LSD on a LEA current inventory, shall be reported to the State/LESO. A FLIPL (aka the DD Form 200) shall be submitted to the State/LESO for LSD property. Program participants agree to cooperate with investigations into LSD property by any federal, state, or local investigative body and, when requested, assist with recovery ofLSD property. a). LSD controlled property shall be reported to the State/LESO within 24-hours. Program participants may be required to provide their SC/SPOC additional documentation which may include (but is not limited to): 1) Comprehensive police report, 2) NCIC report/entry, and 3) Contact information for the Civilian Governing Body (CGB) over the LEA involved, to include: Title, Name, Email, and mailing address. b)LSD property with a DEMIL code of"A" and "Q6" shall be reported to the State/LESO within 7-days. 14) RESTRICTION, SUSPENSION OR TERMINATION Program participants are required to abide by the terms and conditions of the MOA between the Federal Government and the State/U.S. Territory and this SPO in order to maintain active program participation status. If a State/LEA fails to comply with any term or condition of the MOA, SPO, DLA Instruction or Manual, federal statute or regulation, the State/LEA may be suspended, terminated, or placed on restricted status. Restriction, suspension, or termination notifications will be in writing and will identify remedial measures required for reinstatement (if applicable). Suspension-A specified period in which an entire State/LEA is prohibited from requesting or receiving additional property through the program. Additional requirements may be implemented, to include the State/LEA requirement to return specifically identified controlled property. Suspensions will be for a minimum of 60-days. Termination-The removal of a State/LEA from program participation. The terminated State/LEA shall transfer or turn-in all controlled property previously received through the program at the expense of the State/LEA involved. Restricted Status-A specified period in which a State/LEA is restricted from receiving an item or commodity due to isolated issues with the identified item or commodity. Restricted status may also include restricting a State/LEA from all controlled property. a) State termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in of all property. The LESO retains final authority to determine timeframe requirements. b) LEA termination-The SC/SPOC will coordinate with LESO to identify a realistic timeframe to complete the transfer or turn-in ofall property. The LESO retains final authority to determine timeframe requirements. c) In the event of a termination, the State/LEA will make every attempt to transfer the property of the terminated State/LEA to an authorized State/LEA, as applicable, prior to requesting a turn-in ofthe property to DLA Disp Svcs. In cases that require a repossession or turn-in of property, the State/LEA will bear all expenses related to the repossession, turn-in or transfer of property to DLA Disp Svcs. d) The State shall: i) Suspend LEAS for a minimum of 60-days in all situations relating to the suspected or actual abuse of property or requirements and/or repeated non-compliance related to the terms and conditions of this SPO. Suspension may leadi to termination. The State shall alsoi issue corrective action guidance to the LEA with Page 10 of 12 Version-February 2021 suspense dates to rectify issues and/or discrepancies that caused the restriction, suspension, or termination. The State shall require the LEA to submit results on completed police investigations and/or reports on LSD property to include the LEA CAP. The LESO retains final discretion on reinstatement requests. Reinstatement to full participation from a restriction, suspension or termination is not automatic. ii) Initiate corrective action to rectify suspensions or terminations of the LEA for non-compliance to the terms and conditions of the program. The State shall also make contact (until resolved) with suspended LEAS to ensure corrective actions are rectified within required timeframes provided by the LESO. ini) Require the LEA to complete and submit results on completed police investigations or reports regarding LSD property. The State will submit all documentation to LESO upon receipt. iv) Provide documentation to LESO when actionable items are rectified for the State/LEA. v) Request that the LESO suspend or terminate an LEA based upon their findings during State-level internal PCR or due to non-compliance with any term oft this SPO, DLA Instruction/Manual or any statute or regulation regarding the program. vi) Notify the LESO and initiate an investigation into any questionable activity or action involving property issued to an LEA that comes to the attention of the State and is otherwise within the authority of the Governor/State to investigate. Upon conclusion of any such investigation, take appropriate action and/or make appropriate recommendations on restriction, suspension, or termination of the LEA to the LESO. The SC may revoke or terminate concurrence for LEA participation in the program at any time. vii) Provide written request to the LESO for reinstatement of an LEA for full participation status at the conclusion of a restriction or suspension period. Written verification shall be provided that the SC/SPOC has validated the LEA CAP. 15) RECORDS MANAGEMENT The LESO, SC/SPOC, and LEAS participating in the program will maintain program records IAW the DLA records schedule. Records for property acquired through the program have retention controls based on the DEMIL code. Property records will be filed, retained, and destroyed IAW DLA records schedule. Records may include but are not limited to: DD Form 1348-1A for transfers, turn-ins, requisitions, Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) Forms 5 and 10. 16) TRADE SECURITY CONTROL (TSC) and COMPLIANCE WITH EXPORT CONTROL REGULATIONS Items transferred to program participants, including DEMIL A and Q (with an Integrity Code of 6) property, may be subject to export control restrictions. Program participants shall comply with U.S. export control laws and regulations if they contemplate further transfers of any property. Once title transfers, LEAS should consult with the Department of State (DoS) and Department ofCommerce (Doc) export control regulators about the type of export controls that may apply to items, regardless of DEMIL code. Program participants may request a formal Commodity Classification from the DoC, Bureau of] Industry and Security (BIS), or submit a general correspondence request to the Dos, Directorate ofl Defense Trade Controls. Information on managing exports ofCCL items can be found at the U.S. DoC Bureau ofIndustry and Security website. Program participants shall notify all subsequent purchasers or transferees, in writing, of their responsibility to comply with U.S. export control laws and regulations. 17) NOTICES Any notices, communications, or correspondence related to this SPO shall be provided by email, the U.S. Postal Service (USPS), express service, or facsimile to the appropriate DLA office. The LESO may (from time to time) make unilateral modifications or amendments to the provisions of the MOA between the Federal Government and the State/U.S. Territory and/or this SPO. Notice of these changes will be provided to the State in writing. Unless the State takes immediate action to terminate the MOA between the Federal Government and the State/U.S. Territory and/or this SPO, such modifications or amendments will become binding. In such cases, reasonable opportunity will (insofar as practicable) be afforded the State/LEA to conform to changes affecting their operations. Page 11 of1 12 Version-February 2021 18) ANT-DISCRIMINATION By signing or accepting property, the State/LEA pledges agreement to comply with provisions oft the national policies prohibiting discrimination: 1) On the basis of race, color, or national origin, in Title VIof the Civil Rights Act of 1964 (42 USC 2000d et seq.) as implemented by DoD regulations 32 CR Part 195, 2)On the basis of age, in the Age Discrimination Act of 1975 (42 USC 6101, et seq) as implemented by Department of Health and Human Services regulations in 45 CFR Part 90 and 3) On the basis of handicap, in Section 504 of the Rehabilitation Act of 1973, P.L. 93-112, as amended by the Rehabilitation Act Amendments of 1974, P.L. 93-516 (29 USC 794), as implemented by Department of Justice (DoJ) regulations in 28 CFR Part 41 and DoD regulations at 32 CFR Part 56. These elements are the minimum essential ingredients for establishment of a satisfactory business agreement between the State and the DoD. 19) INDEMNIFICATION CLAUSE The State/LEA is required to maintain adequate liability insurance to cover damages or injuries to persons or property relating to the use of property issued under the program. Self-insurance by the State/LEA is considered acceptable. The USG assumes no liability for damages or injuries to any person(s) or property arising from the use of property issued under the program. It is recognized that State and local law generally limit or preclude the State/LEA from agreeing to open ended indemnity provisions. However, to the extent permitted by State and local laws, the State/LEA shall indemnify and hold the USG harmless from any and all actions, claims, debts, demands, judgments, liabilities, cost, and attorney's fees arising out of, claimed on account of, or in any: manner predicated upon loss of, or damage to property and injuries, illness or disabilities to, or death of any and all persons whatsoever, including members of the general public, or to the property of any legal or political entity including States, local and interstate bodies, in any manner caused by or contributed to by the State/LEA, its agents, servants, employees, or any person subject to its control while the property is in the possession of, used by, or subject to the control of the State/LEA, its agents, servants, or employees after the property has been removed from USG control. 20) TERMINATION This SPO may be terminated by either party, provided the other party receives a thirty (30) day notice (in writing) or as otherwise stipulated by Public Law. The undersigned SC hereby agrees to comply with all provisions set forth herein and acknowledges that any violation of the terms and conditions oft this SPO may be grounds for immediate termination and possible legal consequences, to include pursuit of criminal prosecution if sO warranted. 21) AGREEMENT OF PARTIES The parties below agree to enter this agreement as ofthe last date below: Govemor-appointed SC/SPOC, State of: TEXAS Full Name (Print): Rolando Ayala Signature (Sign): 6 a 4 & Date MM/DDYYYY): 09/09/2024 ChiefLaw Enforcement Official (CLEO) (or designee): Title (Print): Full Name (Print): Signature (Sign): Date MM/DD/YYYY): Civilian Governing Body Official (CGB) (or designee): Title (Print): Full Name (Print): Signature (Sign): Date MM/DD/YYYY): Page 12 of1 12 Version-February 2021 Company AssetN Name AssetT Tag Model ModelN No. Manufacturer Location City State Zip Notes 75 Address Country APPD INIPOWERG Generator 15066 AUTO IG1000 C InteliIGEN AransasP PassP Police Department Eooertiandehd AransasP Pass Texas US 78336 24 1083Program APPD INIPOWERG Generator 15115 IG100,AUTO 1G1000-AUTO Marine IntellIGEN 336 Aransas Pass Police Department 600CMevelandB Bivd Aransas Pass Texas us 78336 1033Program 430 APPD LightPlant 15121 40601 MH 40601 MH Other Magnum 10612 Aransas PassP Police Department 600CMeveland Bivd Aransas Pass Texas us 78336 1033Program 431 APPD LightP Plant 15122 40601 MH 40601 MH Other Magnum 10621 AransasP PassP Police Department 600C CMlevelandi Blivd AransasP Pass Texas us 78336 1033Program 451 APPD MADS speaker 15142 LT-PMS28 LT-PMS2B Other MAD LTPMS2803056 Aransas PassP Police Department 600CMeveland Blivd AransasP Pass Texas US 78336 1033Program 601 APPD Aimpoint Dot Sight 15292 Comp Firearm Aimpoint 1243605 Aransas PassP Police Department 600CMlevelande Blivd Aransas Pass Texas us 78336 1033Program2 2018 603 APPD AimpointD Dot Sight 15294 Comp Firearm Aimpoint 1244999 Aransasp Pass Police Department 6000 CvlevelandB Blivd AransasP Pass Texas JS 78336 1033Pragram2 2018 604 APPD Aimpoint Dot Sight 15295 Comp Firearm Aimpoint 1243757 Aransas PassP Police Department 600ClevelandB Blivd Aransas Pass Texas US 78336 1033Program2 2018 605 APPD Aimpoint Dots Sight 15296 Comp Firearm Aimpoint 1241886 Aransas PassP Police Department 600CMevelandB Bld Aransas Pass Texas us 78336 1033Program2 2018 606 APPD Aimpoint Dot Sight 15297 Comp Firearm Aimpoint 1241848 Aransas PassP Police Department 6000 Cvlevelande Blivd AransasP Pass Texas us 78336 1033Pragram2 2018 607 APPD AimpointD Dot Sight 15298 Comp Firearm Aimpoint 1234399 Aransas PassP Police Department 600CvlevelandB Blivd AransasP Pass Texas us 78336 1033Program2 2018 608 APPD AimpointD Dots Sight 15299 Comp Firearm Aimpoint 566490 AransasP Pass PoliceD Department 6000vlevelandBNd Aransasp Pass Texas us 78336 1033Program2 2018 609 APPD AimpointD Dots Sight 15300 Comp Firearm Aimpoint 1234061 Aransas Pass Police Department 6000 Clevelande Blivd Aransas Pass Texas US 78336 1033Program2 2018 610 APPD Aimpoint Dots Sight 15301 Comp Firearm Aimpoint 556449 AransasP Pass Police Department 6000 Cvleveland Blvd Aransas Pass Texas US 78336 1033Program2 2018 611 APPD AimpointDots Sight 15302 Comp Firearm Aimpoint 566422 Aransas PassPoliceD Department 600CievelandBlvd Aransas Pass Texas Us 78336 1033Program2 2018 612 APPD Aimpoint Dots Sight 15303 Comp Firearm Aimpoint 566429 AransasP Passp Police Department 600Cvlevelandi Blvd Aransas Pass Texas us 78336 1033Program2 2018 613 APPD AimpointD Dot Sight 15304 Comp Firearm Aimpoint 566442 Aransas PassP Police Department 600Cvieveland Blvd AransasP Pass Texas us 78336 1033Program2 2018 614 APPD AimpointD Dot Sight 15305 Comp Firearm Aimpoint 1218703 AransasP PassP Police Department 600C CMevelandB Blivd AransasP Pass Texas us 78336 1033Program2 2018 615 APPD Aimpoint Dot Sight 15306 Comp Firearm Aimpoint 564929 Aransas PassP Police Department 600Develandes Blivd Aransas Pass Texas us 78336 1033Program2 2018 616 APPD Aimpoint Dot Sight 15307 Comp Firearm Aimpoint 566500 Aransas PassP Police Department 6000 Cvlevelandi Blivd Aransas Pass Texas us 78336 1033Program2 2018 617 APPD AimpointD Dots Sight 15308 Comp Firearm Aimpoint 565133 Aransas PassP Police Department 6000 vlevelandE Blivd Aransas Pass Texas us 78336 1033Program2 2018 618 APPD AimpointDots Sight 15309 Comp Firearm Aimpoint 566435 Aransas PassP Police Department 6000evelande Blvd Aransasp Pass Texas US 78336 1033Program2 2018 619 APPD AimpointD Dots Sight 15310 Comp Firearm Aimpoint 566478 Aransas PassP Police Department 600Cleveland Blvd AransasP Pass Texas US 78336 1033Program2 2018 620 APPD AimpointDots Sight 15311 Comp Firearm Aimpoint 566495 Aransasp PassP Police Department 6000 CvlevelandB Blvd Aransasp Pass Tevas US 78336 1033Program2 2018 621 APPD AimpointD Dots Sight 15312 Comp Firearm Aimpoint 1218232 Aransas PassPolice Department 600CvlevelandB Blvd Aransasp Pass Terxas US 78336 1033Program2 2018 622 APPD Aimpoint Dot Sight 15313 Comp Firearm Aimpoint 1004490 Aransas PassP Police Department 600CMevelandBwd Aransas Pass Texas US 78336 1033Program2 2018 623 APPD Aimpoint Dot Sight 15314 Comp Firearm Aimpoint 566483 AransasP Pass Police Department 6000 Cvleveland Blivd Aransasp Pass Texas Us 78336 1033Program2 2018 624 APPD AimpointD Dot Sight 15315 Comp Firearm Aimpoint 566411 Aransas PassP Police Department 600Develande Blivd Aransasp Pass Texas US 78336 1033Program2 2018 625 APPD AimpointD Dots Sight 15316 Comp Firearm Aimpoint 1234876 Aransas PassP PoliceD Department 6000 CvlevelandBNd AransasP Pass Texas 78336 1033Program2018 626 APPD Rifler nighty vision 15317 kn203 fab Firearm SIMRAD 44128 Aransas PassP Police Department 6000 CvlevelandB Bivd Aransas Pass Texas uS 78336 TKLESOprogram 22 APPD MRAP RG-3 31 68 RG-31 RG-31 Fleet RG-31 8G210223FF590349 Aransas Pass Police Department 600Cvlevelandel Bld Aransas Pass Texas Us 78336 1033Program ORDINANCE NO. 2025-4494 AN ORDINANCE OF THE CITY OF ARANSAS PASS, TEXAS, AMENDING THE CITY CODE OF ORDINANCES, CHAPTER 25.7 = SOLID WASTE, ARTICLE 2 = REFUSE COLLECTION, SEC. 25.7-43, DISPOSAL OF NATURAL DEBRIS AND BULK ITEMS AT CITY CITIZEN COLLECTION STATION, REPEALING ALL CONFLICTING ORDINANCES; PROVIDING A SAVINGS AND SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Aransas Pass, Texas (City) is a home rule city acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and WHEREAS, pursuant to Texas Local Government Code 51.001, the City has general authority to adopt an ordinance or policy regulation that is for the good of government, peace or order of the city and is necessary or proper for carrying out a power granted by law to the city; and WHEREAS, the City Council finds that adopting this ordinance is for the good government, peace and order of the city; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARANSAS PASS, TEXAS: SECTION 1. Chapter 25.7 - Solid Waste, Article 2 - Refuse Collection, Section 25.7-43, Disposal of Natural Debris and Bulk Items at City Citizen Collection Center Station shall be amended as follows: Sec. 25.7-43. Disposal of natural debris and bulk items at city citizen collection station. (fel CHse-Celetien-sealone-sehedale (1 AFaBs-Pas-Resient ace 21 Nen-Resident Sandard-nekeleanyandalkeensirelen aumeriwwPrauheyente-s90.g0 (34 Aransc-Pase-Resident- Greater-than-twe-Pebeyarde-m935.09 (44 Nen-Resident CaehnwwPhalyente-sso.ge (57 Cemmereia-elents- $50.00 (6) Tires Upto-R20 per-tire--m.$5.90 (c) Transfer Station Scale Fee Schedule: (1) Base charge - $5.00 (all users will be charged a base fee) Aransas Pass Resident - 10c per pound (3) Non-Resident - 12C per pound (4) Commercial Trucks will not be permitted to dump at the facility. Ordinance No. 2025-4494 Page 1 of 3 Vehicle and trailer combinations exceeding a 30 feet wheelbase will be required to disconnect their trailers to weigh the trailer separately. (6) Only separate loads will be accepted at the scale. No split loads. Tires - up to R20 per tire - $5.00 (d). If the Transfer Station Scale Fee is inoperable the following fees will be charged: (1) Aransas Pass Resident- Standard truck load - $0 (2) Non-Resident - $20.00 (3) Aransas Pass Resident- Greater than two (2) cubic yards - $35.00 (4) Non-Resident Greater than two (2) cubic yards - $50.00 (5) Commercial clients - $50.00 (6) Tires up to R20 per tire - $5.00 (e) Proof of residency will require a current, active utility bill and a valid driver's license matching the address on the utility bill. SECTION 2. Repeal Conflicting Ordinances. All ordinances, orders or resolutions theretofore passed and adopted by the City Council of the City of Aransas Pass, Texas are hereby repealed to the extent that said ordinances, orders or resolutions or parts thereof, are in conflict herewith. SECTION 3. Savings Clause. This ordinance, as amended, will remain in full force and effect, and save and except as amended by this ordinance. SECTION 4. Severability Clause. Should any part, sentence or phrase of this ordinance be determined to be unlawful, void, or enforceable, the validity of the remaining portions of this ordinance shall not be adversely affected. No portion of this ordinance shall fail or become inoperative by reason of the invalidity of any other part. All provisions of this ordinance are declared to be severable. SECTION 5. Effective Date. This ordinance shall become effective on June 2, 2025. PASSED AND APPROVED THE 5th DAY OF MAY 2025. CITY OF ARANSAS PASS, By: Ramiro Gomez, Mayor ATTEST: Kandice Garrett, City Secretary Ordinance No. 2025-4494 Page 2 of 3 Approved as to form: Epimenio Ysassi, City Attorney Ordinance No. 2025-4494 Page 3 of 3 Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 ENSaS io Date: April 30, 2025 To: Mayor and Council From: David Flores Jr, Director of Public Works and Development Services dfloresAPTX.gov Title: Consider and Act on approving Derrick Construction, Co. for the construction of the kayak ramp at Light House Lakes for $120,909.00 PURPOSE: To install a concrete pad for the kayak ramp. BACKGROUND AND FINDINGS: The existing ramp is made of sand that is getting washed away with the rise and fall of the natural tide. This concrete pad will be a stable kayak ramp that will need minimal maintenance. ALTERNATIVES: To Not approve. Funding Source: $72,000 from Port of Corpus Christi $50,000 from interest accrued Aransas Pass Lighthouse Lakes Kayak Ramp Project t aberk Bid Opening Tabulation Sheet 17-Apr-25 anans Amuie 2:00 PM City Council Chambers Company Name Bidders Information Sheet Total Bid Addendum Derrick Construction, Co, INC. Bid Bond $120,909.00 n/a $149,303.00 / Corrected Sumarcade LLC Bid Bond amount $149,232.00 n/a Texas Chile Inc. Bid Bond $156,456.00 n/a Hatcrik CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 AR ao Date: April 30, 2025 To: Mayor and Council From: David Flores Jr, Director of Public Works and Development Services dforesAPIX.goV Title: Consider and Act on approving City staff to negotiate with K. Friese for the engineering services of the Sherwood Forest Water and Sewer Phase 3. PURPOSE: To approve City staff to negotiate a contract price for engineering services. Once negotiations are completed, the contract will be brought back to the council for final approval or denial. BACKGROUND AND FINDINGS: There is still a section of Sherwood Forest that needs water and wastewater infrastructure which includes HWY 35, Oak lane, Payne Ave and Robers Rd. ALTERNATIVES: To not approve. CONFORMITY TO CITY POLICY: Conforms to state purchasing rules. RFQ = ENGINEERING SERVICES FOR SHERWOOD FORESI WAIER AND WASTEWATER PROJECI PHASE 3 BID EVALUATION DATE: 4/24/2025 Evaluation Completed by: Mary Juarez, Ysidro Villarreal, Michael Bonner and David Flores Jr Submitting Understanding of the Company experience in providing Key personnel professional Proposed timeline of Total Proposal requirements (50%) similar services to governmental background, certifications, events in completing entities and success in and experience in providing the project (15%) performing those services (20%) the requested services (15%) K, Friese 183 68 59 52 362 Ardurra 176 63 57 47 343 Lynn Engineering 160 48 47 47 302 LJA 150 48 51 43 292 mbcz Hotel Occupancy Tax Revenue Application Summary envas mue Event Name: Aransas Pass Kayak Expo on Conn Brown Event Date: June 20-22, 2025 Location: Conn Brown Harbor Grant Funds Request: $8,000.00 Total Budget for event: $10,000.00 Use of Funds: Event insurance, tent, lifeguards, kayak instructors, entertainment, and advertising Category(s) Applied for Funding Request: $6,500 - Advertising, Solicitations and Promotions that Directly Promote Tourism and the Hotel and Convention Industry: advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; The budget breakdown for advertising is $4,000.00 mbcz Hotel Occupancy Tax Revenue Application Summary envas mue Event Name: Aransas Pass Migratory Species Festival Event Date: October 10-12, 2025 Location: Wildlife Areas Grant Funds Request: $7,000.00 Total Budget for Event: $8,000.00 Use of Funds: Vans and associated expenses, salaries for tour guides and drivers, and advertising Category(s) Applied for Funding Request: $2,488.66 - Advertising, Solicitations and Promotions that Directly Promote Tourism and the Hotel and Convention Industry: advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; Advertising budget provided $3,550.00 $4,511.34 Shuttle Services for Convention Activities: Shuttle services for an event is an eligible expense provided the shuttle services begins or terminates at a local hotel facility; Transportation budget provided $4,511.34 mbcz Hotel Occupancy Tax Revenue Application Summary envas mue Event Name: Aransas Pass Saltwater Heaven Showcase Event Date: February 21, 2026 Location: KC Hall - Schertz, TX Grant Funds Request: $9,000.00 Total Budget for event: $10,000.00 Use of Funds: Hall, kitchen, security, digital sign, entertainment, vendor meals, and advertising Category(s) Applied for Funding Request: $8,700 - Advertising, Solicitations and Promotions that Directly Promote Tourism and the Hotel and Convention Industry: advertising and conducting solicitations and promotional programs to attract tourists and convention delegates or registrants to the municipality or its vicinity; It is not clear how this event will promote tourism and hotels in AP. Hatarb CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 05, 2025 eayhu Date: May 1, 2025 To: Mayor and Council Members From: Kaylynn Paxson, Director of Community Enrichment Title: Consider and Act on Approval of Request from the Aransas Pass for Youth organization for sponsorship of the Aquatic Center in their 7-week program for student summertime activities on Tuesdays from 12:00pm - 4:00pm from June 10, 2025 - July 22, 2025. PURPOSE: Authorize the use of the Aquatic Center for the student program activities on Tuesdays from 12:00pm -4:00pm from June 10, 2025 - July 22, 2025 at no charge to the organization. BACKGROUND AND FINDINGS: Last year Aransas Pass for Youth received an in-kind facility usage from the City of Aransas Pass Aquatic Center. They are once again asking for the City's support by providing an in-kind donation of the Aquatic Center. RECOMMENDATION: Staff recommends approval. FINANCIAL IMPACT: The cost of the activities will be the added labor hours and facility usage costs, for each day the pool is used. uHutaris CITY OF ARANSAS PASS AGENDA MEMORANDUM City Council Meeting of May 5, 2025 ENaS he Date: May 1, 2025 To: Honorable Mayor and Council From: Kaylynn Paxson, Director of Community Enrichment Title: Consider and Act on a location change for the July 5th Firework show to Conn Brown Harbor, and temporary road closure on Allen Blvd. from Aransas Marine Way to Turnbough Ave. for the execution of the fireworks show on July 5, 2025 from 7pm to 10pm. BACKGROUND AND FINDINGS: Staff is requesting approval to change the location of the the City of Aransas Pass Fourth of July celebration on July 5th to the Harbor location, from the Community Park location. In order to meet safety requirements, we are requesting temporary road closure on Allen Blvd. from Aransas Marine Way to Turnbough Ave. for the execution of the fireworks show on July 5, 2025 from 7pm to 10pm. This road closure is intended to protect individuals from access to the highest risk radius directly around the site of the firework launch. ALTERNATIVE: Denial of request to change location. And/or denial for temporary road closure, or modification of times of temporary closure. STAFF RECOMENDATION: Approve the location change, and temporary road closure for safety purposes. Capt Cady's 1 Baits Shop a Aransas Marine Ways 6 a Coasters E Conn Brown 3 Harbor Marina Ave - i A Hike And Bike Trail Conn Brown. a Erickson &