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Home My WebLink AboutAgenda Packet City Council - 08/30/2022 Lw,A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,August 30, 2022 11:30 AM Council Chambers Addendums may be added on Friday. Public Notice: Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be made. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles-espanol en todas las juntas del Concilio para ayudarle. This meeting may be held via videoconference call pursuant to Texas Government Code § 551.127. If this meeting is held via videoconference call or other remote method of meeting, then a member of this governmental body presiding over this meeting will be physically present at the location of this meeting unless this meeting is held pursuant to Texas Government Code § 551.125 due to an emergency or other public necessity pursuant to Texas Government Code § 551.045. A. Mayor Paulette Guajardo to call the meeting to order. B. Invocation to be given by Deacon, Richard Longoria, St. Helena of the True Cross of Jesus. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Suhawni Narang, Senior at W. B. Ray High School. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: a. Community Development Block Grant - Mitigation Funding Update b. American Bank Center Rental Fee Structure for Exhibit Hall, Ballroom and Selena Auditorium C. City of Corpus Christi and Bay Jammin' "Saturday in the Park" on Saturday, September 3rd City of Corpus Christi Page 1 Printed on 8/29/2022 City Council Meeting Agenda-Final-revised August 30, 2022 F. PUBLIC COMMENT -APPROXIMATELY 12:00 P.M. To speak during this public comment period, you must sign up before the meeting begins. Each speaker is limited to a total of no more than 3 minutes per speaker. You will not be allowed to speak again on an item when the Council is considering the item. Time limits may be restricted further by the Mayor at any meeting. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Written comments may be submitted at cctexas.com/departments/city-secretary. Electronic media that you would like to use may only be introduced into the City system IF approved by the City's Information Technology (IT) Department at least 24 hours prior to the Meeting. Please contact IT at 826-3211 to coordinate. This is a public hearing for all items on this agenda. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 1 - 8) Consent-Second Reading Ordinances 1. 22-1467 Approval of the August 23, 2022 Regular Meeting Minutes and August 18, 2022 Budget Workshop Minutes sponsors: City Secretary's Office 2. 22-1401 Ordinance approving an amendment to the Downtown Tax Increment Reinvestment Zone #3 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on June 28, 2022 to broaden the New Commercial Tenant Finish Out Program and to change the program name to Commercial Finish-Out Program. sponsors: Finance &Procurement 3. 22-1406 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant from the Texas Department of State Health Services appropriating $951,649.00 into the Health Grants Fund for COVID-19 response activities for the period September 1, 2022, through August 31, 2024; amending the operating budget; and authorizing 19 grant positions. sponsors: Health Department 4. 22-1358 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Health Disparities Grant from the Texas Department of State Health Services appropriating $281,785.00 into the Health Grants Fund to provide community City of Corpus Christi Page 2 Printed on 8/29/2022 City Council Meeting Agenda-Final-revised August 30, 2022 engagement in communities disproportionately impacted by COVID-19; and amending the operating budget. Sponsors: Health Department 5. 22-1403 Ordinance amending City Code Chapter 9, Aviation, Section 9-54, pertaining to landing fees at the Corpus Christi International Airport by revising the landing weight for aircraft subject to a landing fee from 12,500 to 6,000 pounds; and authorizing execution of a five-year contract with Vector Airport Systems, LLC, for the billing and collection of landing fees. Effective upon City Council approval. Sponsors: Aviation Department Consent- Contracts and Procurement 6. 22-1080 Resolution authorizing a three-year service agreement, with William Charlton, dba Lawn in Order, of Corpus Christi, Texas, for landscaping and grounds maintenance for outlying Corpus Christi Police Department buildings and main police headquarters in an amount not to exceed $91,500.00, with FY 2022 funding of$7,625.00 from the General Fund. Sponsors: Police Department and Finance &Procurement 7. 22-1343 Resolution authorizing a three-year software subscription agreement with JusticeTrax, Inc., of Mesa, Arizona, for forensics laboratory software for the Corpus Christi Police Department in the amount of$152,900.00, with FY 2022 funding from the Paul Coverdell Forensic Sciences Improvement Grant in the Police Grants Fund. Sponsors: Police Department and Finance &Procurement General Consent Items 8. 22-1518 Resolution authorizing the submission of a grant totaling up to one million six hundred eleven thousand fifty-nine dollars and thirty-nine cents ($1, 611,159.39) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program with a match contribution of up to $387,000 from the City to fund project management and grant administration services. Sponsors: Communications&Intergovernmental Affairs J. BUDGET RELATED ITEMS: (ITEMS 9 - 21) 9. 22-1470 Ordinance amending Corpus Christi Code Section 18-20 to increase ambulance rate schedule by 3% effective October 1, 2022. Sponsors: Fire Department 10. 22-1464 Ordinance amending various sections of the Code of Ordinances, Chapter 21, Solid Waste, by revising applicable fees, rates, and charges. City of Corpus Christi Page 3 Printed on 8/29/2022 City Council Meeting Agenda-Final-revised August 30, 2022 Sponsors: Solid Waste Operations 11. 22-1486 Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. Sponsors: Development Services 12. 22-1484 Ordinance amending the City Code of Ordinances, Chapter 12, Section 12-83, regarding the Marina fee schedule as of October 1, 2022. Sponsors: Parks and Recreation Department 13. 22-1482 Ordinance amending the City Code of Ordinances, Chapter 55, regarding 9-1-1 emergency service fees as of January 1, 2023. Sponsors: Police Department 14. 22-1415 Public Hearing and First Reading Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, and providing a savings clause. Sponsors: Public Works/Street Department 15. 22-1475 Ordinance amending Chapter 49, Article VIII, Management of Right of Way of the Corpus Christi Code to adopt a consolidated fee schedule for Right of Way management and providing an effective date. Sponsors: Public Works/Street Department 16. 22-1394 Ordinance amending Section 55-50(a)(2)(e) of the Corpus Christi Code of Ordinances regarding Resale Treated Water Rates to wholesale customers outside of City limits; and establishing an effective date of January 1, 2023 Sponsors: Corpus Christi Water 17. 22-1409 Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to revise the definition and calculation method for the Interim Residential Average Usage for residential wastewater charges to calculate a winter quarter average for new residential customers. Sponsors: Corpus Christi Water 18. 22-1473 Public Hearing and First Reading Ordinance adopting the City of Corpus Christi Operating Budget for the Fiscal Year 2022-2023, beginning October 1, 2022; Authorizing personnel complements; providing for copy to be filed with the County Clerk; appropriating funds as provided in the budget; and adopting the Infrastructure Management Plan. Sponsors: Office of Management and Budget 19. 22-1472 Public Hearing and First Reading Ordinance adopting the Corpus Christi City of Corpus Christi Page 4 Printed on 8/29/2022 City Council Meeting Agenda-Final-revised August 30, 2022 Fiscal Year 2022-2023 Capital Budget in the amount of$628,234,271, Beginning October 1, 2022. sponsors: Office of Management and Budget 20. 22-1414 Public Hearing and First Reading Ordinance setting a property tax rate of $0.646264 per$100 valuation which is effectively an 11.7% increase over the no-new-revenue tax rate. sponsors: Finance &Procurement 21. 22-1474 Ordinance ratifying the property tax increase reflected in the FY 2022-2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021-2022 Operating Budget in amount of $16,365,789. sponsors: Office of Management and Budget K. RECESS FOR LUNCH L. PUBLIC HEARINGS: (ITEMS 22 - 23) 22. 22-1271 Case No. 0422-02, Behmann Brothers Foundation (District 3): Ordinance rezoning property at or near 602 Saratoga Boulevard (located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road) from the "FR" Farm Rural District to "RS 4.5" Single-Family 4.5 Residential (Tract 1) and from the "FR" Farm Rural District to "RE/SP" Estate Residential District with a Special Permit (Tract 2). (Planning Commission and Staff recommend approval) sponsors: Development Services 23. 22-1405 Case No. 0622-01 Palomino Realty & Management Corp (District 2): Ordinance rezoning a property at or near 4958 Weber Road, located along the north side of Delphine Street, and east of Weber Road from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. (Planning Commission and Staff recommended approval of the change of zoning from the" "RS-6"Single-Family 6 District to the "RS-TF" Two-Family District.) sponsors: Development Services M. INDIVIDUAL CONSIDERATION ITEMS: (NONE) N. FIRST READING ORDINANCES: (ITEMS 24 -26) 24. 22-1236 Ordinance amending sections 57-231, "Denial, suspension and revocation of permit-procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. sponsors: Police Department City of Corpus Christi Page 5 Printed on 8/29/2022 City Council Meeting Agenda-Final-revised August 30, 2022 25. 22-1261 Ordinance amending sections 57-85, "Age of vehicle"; 57-131, "Fares-Amounts"; and deleting Chapter 57, Article VI Transportation Network Companies in its entirety of the City Code and providing for severance, publication, and an effective date. sponsors: Police Department 26. 22-1462 Ordinance appropriating $553,560 from an increase in the public health workforce grant from the Department of State Health Services (DSHS) for the period September 1, 2022, through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19), providing indirect cost reimbursement for general government support and procuring office supplies; amending the operating budget; and authorizing 16 grant positions. Sponsors: Health Department O. BRIEFINGS: (ITEM 27) 27. 22-1476 City Council briefing on the North Beach Drainage Solution project findings and recommendations. sponsors: Engineering Services P. EXECUTIVE SESSION: (ITEM 28) 28. 22-1541 Executive Session pursuant to Texas Government Code § 551.071 and Texas Disciplinary Rules of Professional Conduct Rule 1.05 to consult with attorneys concerning legal issues related to the City Secretary and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, or duties of a public officer or employee (City Secretary) Q. ADJOURNMENT City of Corpus Christi Page 6 Printed on 8/29/2022 1201 Leopard Street {fi City of Corpus Christi Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Thursday,August 18,2022 9:00 AM Council Chambers FY 2022-2023 BUDGET WORKSHOP - Streets, Stormwater, Water and Wastewater Utilities, Gas, and Capital Improvement Program A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:05 a.m. B. Assistant City Secretary Ruth Bocchino to call the roll of the required Charter Officers. Assistant City Secretary Ruth Bocchino called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and Assistant City Secretary Ruth Bocchino Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith C. BRIEFINGS: 1. 22-1372 FY 2022-2023 BUDGET WORKSHOP - Streets, Stormwater, Water and Wastewater Utilities, Gas, and Capital Improvement Program Mayor Guajardo referred to Item 1. Interim Director of Public Works Gabriel Hinojosa presented information on the following topics: streets mission statement; about public works-streets and traffic; organizational chart; FY 2022 achievements; performance measures; 12% increase in streets for FY 2023; street maintenance and reconstruction; funding from 10 different sources; street maintenance fund FY 2023 proposed budget: $46AM; residential street reconstruction fund FY 2023 proposed budget: $20.OM; high-level funding highlights; IMP residential street projects; FY 2021-2022 IMPs snapshot; FY 2024-2027 infrastructure management plan (IMP) planning; industrial roadways improvements; FY 2023 enhancement Ocean Drive sustainability program 10-year scheduled improvements program; FY 2023 enhancement Ocean Drive median improvements program; new right-of-way revenues; right-of-way management team enhancement; FY 2023 enhancement citywide traffic signal battery backup systems; FY 2023 enhancement Corpus Christi vision zero City of Corpus Christi Page 1 Printed on 8/22/2022 City Council Meeting Minutes August 18, 2022 initiative; traffic infrastructure improvements; Leopard Street improvements; streets personnel improvements; new traffic engineering revenues; public works-development services partnership; staff and crew training initiative; and street maintenance fee revisions. Council Members, Interim Director Hinojosa, City Manager Peter Zanoni, and Assistant Traffic Engineer Diego Leyva discussed the following topics: a Council Member's concern about spending $1 M on improvements at the intersection of Airline and Ocean Dr.; a Council Member's concern about the timing of traffic lights; the City's goal is to have all traffic lights hard wired; the City manages the school zones; TxDOT is responsible for maintaining traffic lights on Saratoga Blvd.; a Council Member's request to review the traffic lights at Yorktown and Lipes; the City needs to create a protocol with regard to school districts; Council Members' request for staff to look into improving bike lanes on Ocean Drive and throughout the City; Council Members' concerns that other industrial roadways need to be considered through the Type B funding as well; a Council Member's recommendation to build concrete streets as opposed to asphalt for industrial roadways; the City is working on improving the right-of-way management team; and the City is responsible for mowing the medians on Saratoga Blvd., but TxDOT maintains them. Interim Director of Public Works Gabriel Hinojosa presented information on the following topics: storm water mission statement; about public works-storm water; organizational chart; FY 2022 achievements; performance measures; storm water fund FY 2023 proposed budget: $23.3M; FY 2023-2027 five-year enhancement forecast fund 4300-storm water fund; FY 2023-2027 service enhancements forecast; FY 2023-2027 five-year forecast; new floodplain management revenue; inlet cleaning and maintenance crew; emergency storm water infrastructure improvements; and staff and crew training initiative. Council Members, Interim Director Hinojosa, City Manager Zanoni, and Finance Manager for Public Works Nicole Zapata discussed the following topics: if flash rain events will become an impediment to the drainage system; the City is looking into installing debris traps along the channel ditches; in response to a Council Member's concern that some ditches have standing water year-round, staff stated that if public safety is affected, then emergency services will get involved; a Council Member's concern about the non-residential rate; a Council Member's request for storm water revenue prior to the new storm water fees being implemented; and a Council Member's request for Public Works to coordinate with Development Services about elevation certificates. Director of Gas Department Bill Mahaffey presented information on the following topics: mission statement; about gas department; organization; FY 2022 achievements; performance measures; FY 2023 gas department proposed budget: $52.7M; FY 2023 enhancement 1; and FY 2023 enhancement 2. City of Corpus Christi Page 2 Printed on 8/22/2022 City Council Meeting Minutes August 18, 2022 Council Members, Director Mahaffey, and City Manager Zanoni discussed the following topics: Council Members commended the gas department for their great work; a Council Member's request for staff to find out how much the cost of natural gas will increase for taxpayers; a large number of the vehicles are Compressed Natural Gas (CNG); and a Council Member's request for the amount of incentive programs being utilized. Director of Engineering Services Jeff Edmonds presented information on the following topics: FY 2023 CIP: sources and uses; FY 2023 proposed capital budget: $617M; prior G.O. bond summary; water CIP; wastewater CIP; streets CIP; public health and safety CIP; storm water CIP; parks and recreation CIP; marina CIP; public facilities CIP; gas CIP; airport CIP; funding our future bond 2022; mission statement; about engineering services; organization; FY 2022 achievements; performance measures; FY 2023 engineering services proposed budget: $13.OM; FY 2023 proposed budget engineering services: $13.OM; engineering inspections for private development; public improvement fee-engineering inspections; FY 2023 construction management enhancement and addition of four vehicles; FY 2023 project management enhancement; FY 2023 support services enhancement; and FY 2023 utility project inspection services enhancement and addition of twelve vehicles. Council Members, Director Edmonds, City Manager Zanoni, and Assistant Director of Construction Management Brett Van Hazel discussed the following topics: the taxpayer has been subsidizing the developer on new construction because the City's engineering team would go in and inspect new construction, but not charge a fee; a directive to the City Manager to determine whether the City needs to increase manpower for inspections and oversight; a Council Member's request to include a construction audit process; and the City does not have enough inspections on road construction projects. D. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 12:22 p.m. City of Corpus Christi Page 3 Printed on 8/22/2022 City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,August 23, 2022 11:30 AM Council Chambers Addendums may be added on Friday. A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 11:33 a.m. B. Invocation to be given by Pastor Richard Milby, Corpus Christi Cross Project. Pastor Richard Milby, Corpus Christi Cross Project, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Timothy Davila, Freshman at Roy Miller High School. Timothy Davila, Freshman at Roy Miller High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. Assistant City Secretary Ruth Bocchino called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles K. Risley and Assistant City Secretary Ruth Bocchino Note: Council Member Smith arrived at 11:40 a.m. and Council Member Hunter arrived at 11:47 a.m. Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Billy A. Lerma,Council Member John Martinez,Council Member Ben Molina,Council Member Mike Pusley, and Council Member Greg Smith E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: Mayor Guajardo referred to City Manager's comments. a. Short Term Rental Update City Manager Peter Zanoni presented an update on Short Term Rental (STR). 1,172 residents have registered for short term rentals. Enforcement for permitting will begin on September 1. Director of Planning Department Daniel McGinn will be providing two, City of Corpus Christi Page 1 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 six-month updates. Council Members, City Manager Zanoni and City Attorney Miles Risley discussed the following topics: a Council Member's concern that an STR is operating without a permit, code enforcement has issued citations, but no court date set; Director of Planning McGinn manages the STR process and works with development services, finance, code compliance and police; and revenues go into the general fund. b. FY 2023 Budget Development Update City Manager Peter Zanoni presented an update on the FY 2023 Budget Development. Five community input sessions were held from August 8-17. 400 residents attended these five work sessions. The community requests included more money for homelessness, public art, and protected bike paths. The final budget will be adopted on September 6. F. PUBLIC COMMENT Mayor Guajardo opened the public comment period. Alec Jackson, 3717 Woodstone Dr.; Gregory Galvan, 5770 Hall Ave., Abel Rivera, 2402 Rainy River; Martin Sandejo, 301 S. Perez; and Denny Gold, Slippery Rock, PA, spoke regarding job preservation. G. BOARD &COMMITTEE APPOINTMENTS: (NONE) I. CONSENT AGENDA: (ITEMS 1 - 7) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda and asked if a Council Member would like to pull an item for individual consideration. Staff requested that Item 7 be postponed. A motion was made by Council Member Pusley, seconded by Council Member Molina to approve the Consent Agenda with the exception of Item 7. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 1. 22-1447 Approval of the August 16, 2022 Regular Meeting Minutes The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances City of Corpus Christi Page 2 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 2. 22-1298 Case No. 0522-02, City of Corpus Christi (District 1): Ordinance rezoning property at or near 1525 Morgan Avenue, located along the south side of Morgan Avenue, east of South Brownlee Boulevard, and west of 12th Street from the "CG-2" General Commercial District and the "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District. (Planning Commission and Staff recommended approval of the change of zoning from the""CG-2"General Commercial District and the "RS-TF" Two-Family District to the "CN-1" Neighborhood Commercial District.) This Ordinance was passed on second reading on the consent agenda. Enactment No: 032833 3. 22-0375 Ordinance amending Chapter 49 of the Corpus Christi Code of Ordinances to add Article IX, Sidewalk Cafes, Parklets and Pedlets in City right of way in the Downtown Area to authorize the closure and use of portions of public right-of-way to facilitate the use of public sidewalks and parking areas for the sale or provision of food and beverages outdoors; and providing for a penalty. This Ordinance was passed on second reading on the consent agenda. Enactment No: 032834 Consent- Contracts and Procurement 4. 22-1449 Motion authorizing a one-year service agreement with Summit Risk Advisors, LLC, dba SA Benefit Services, for stop loss coverage for the City's self-funded employee health benefits from October 1, 2022, through September 30, 2023, with funding from the proposed FY 2023 Operating Budget for an estimated amount of$2,496,000.00 payable from various City employee health funds. This Motion was passed on the consent agenda. Enactment No: M2022-133 Consent- Capital Projects 5. 21-0914 Motion awarding a professional services contract to Jacobs Engineering, Corpus Christi, Texas, to provide design, bid, and construction phase services for the new Peoples Street Boardwalk, located in Council District 1, in an amount not to exceed $439,065.00, with FY 2022 funding available from the Seawall Capital Fund. This Motion was passed on the consent agenda. Enactment No: M2022-134 6. 22-1216 Motion authorizing a four-month service agreement with Synergy Construction of South Texas, LLC., of Corpus Christi, Texas, for the installation of 14 City of Corpus Christi Page 3 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 replacement and 13 new shade structure units in an amount not to exceed $111,375.00, with FY 2022 funding in the amount of$18,562.50 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2022-135 General Consent Items 7. 22-0200 Resolution amending the City's Infill Housing Incentive Program (IHIP) Guidelines for Type B Subsidies to Developers selling property to Qualifying Low-Income Homebuyers and amending the City's Program Guidelines for Housing Development Fee Waivers for Property sold to Non-Qualifying Homebuyers to expand eligibility of the types of zoning in which lots may qualify for said Programs to lots not designated as "RS" with the approval of the Director of Development Services and further authorizing an amendment to the City's agreement with the Corpus Christi Type B Corporation funding the IHIP to effectuate said amendment. This Resolution was postponed. J. BRIEFINGS: (ITEM 8 -9) 8. 22-1457 Council Update from Port Commissioner Appointees at approximately 1:00 PM. Mayor Guajardo referred to Item 8. Port of Corpus Christi Commissioners David Engel, Rajan Ahuja, and Gabe Guerra presented information on the following topics: our accomplishments; crude oil export numbers; executive summary; key historical trends; Harbor Island Desalination-permit status; La Quinta Desalination-permit status; Port-Able learning lab to further stem education; Port of Corpus Christi Hosts U.S. Senator Ted Cruz; and U.S. Senator John Cornyn visits Port of Corpus Christi. Council Members, City Manager Peter Zanoni and Port Commissioners Engel, Ahuja and Guerra discussed the following topics: the Port Commissioners are 100% in support of the City being in charge of the desalination plant; a Council Member's request for the Port to ask Texas Commission on Environmental Quality (TCEQ) to put the City's permit ahead of the Port's permit; a Council Member's desire for the Port to work with the sailing community about the dredge placement; a request for the Port to work with the City financially in order to build a desalination plant; with regard to Harbor Island, if the Port would be open to joint efforts with the City to help pay for the cost of a desalination plant; the Port supports the efforts of the Economic Development Corporation (EDC); a Council Member's request for communication to be open between the Port and the City; the needs for water in our area will continue to grow; and a Council Member's request for the total number of investments from the Port to the overall bridge project. City of Corpus Christi Page 4 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 9. 22-1471 Texas Commission on Environmental Quality 2001 Agreed Order Briefing Mayor Guajardo referred to Item 9. Water Resource Manager Esteban Ramos presented information on the following topics: what is the agreed order; goals and objective of the agreed order; sources of water; Nueces River and Delta; definitions; history of agreed order; pass-thru requirements; target amounts; monthly targets for pass-thrus; 2022 pass-thrus; pass-thru report; how are the inflows into the reservoir system monitored and measured; pass-thru report; takeaway; and frequently asked questions. Council Members, Water Resource Manager Ramos, and City Manager Peter Zanoni discussed the following topics: water is released from the dam to the O.N. Stevens Treatment Plant; the City does not get credit for releasing 138,000 acre feet of water; a Council Member's concern that the City is required to release water based on an order signed in 2001, but the lakes are not as deep as they used to be; the City is looking into dredging the lakes because the price is coming down; and the importance of educating the public about releasing water. K. RECESS FOR LUNCH: (NONE) L. PUBLIC HEARINGS: (NONE) M. INDIVIDUAL CONSIDERATION ITEMS: (NONE) N. FIRST READING ORDINANCES: (ITEMS 10 - 13) 10. 22-1401 Ordinance approving an amendment to the Downtown Tax Increment Reinvestment Zone #3 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on June 28, 2022 to broaden the New Commercial Tenant Finish Out Program and to change the program name to Commercial Finish-Out Program. Mayor Guajardo referred to Item 10. Director of Finance Heather Hurlbert stated that this is an amendment to the project and financing plan for Tax Increment Reinvestment Zone #3 to broaden the New Commercial Tenant Finish Out Program and change the name to Commercial Finish-Out Program. There were no comments from the Council or the public. Council Member Lerma made a motion to approve the ordinance, seconded by Council Member Molina. This Ordinance was passed on first reading and approved with the following vote: City of Corpus Christi Page 5 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 11. 22-1406 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant from the Texas Department of State Health Services appropriating $951,649.00 into the Health Grants Fund for COVID-19 response activities for the period September 1, 2022, through August 31, 2024; amending the operating budget; and authorizing 19 grant positions. Mayor Guajardo referred to Items 11 and 12. Assistant Director of Public Health Department Dante Gonzalez stated that this grant is specifically for infectious disease control and allows 19 different grant funded positions associated with this grant to fight against COVID. There were no comments from the Council or the public. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Lerma. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 12. 22-1358 Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Health Disparities Grant from the Texas Department of State Health Services appropriating $281,785.00 into the Health Grants Fund to provide community engagement in communities disproportionately impacted by COVID-19; and amending the operating budget. See Item 11. Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 13. 22-1403 Ordinance amending City Code Chapter 9, Aviation, Section 9-54, pertaining to landing fees at the Corpus Christi International Airport by revising the landing weight for aircraft subject to a landing fee from 12,500 to 6,000 pounds; and authorizing execution of a five-year contract with Vector Airport Systems, LLC, for the billing and collection of landing fees. Effective upon City Council approval. City of Corpus Christi Page 6 Printed on 8/26/2022 City Council Meeting Minutes August 23, 2022 Mayor Guajardo referred to Item 13. Director of Aviation Kevin Smith stated that this Ordinance will help the City capture the landing fees that are currently not being caught. Council Members and Director Smith discussed the following topics: the Federal Aviation Administration has started requiring all aircrafts over 6,000 pounds to have this antenna that captures the landing fees. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Molina made a motion to approve the ordinance, seconded by Council Member Hernandez. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Lerma, Council Member Martinez, Council Member Molina, Council Member Pusley and Council Member Smith Abstained: 0 O. EXECUTIVE SESSION: (NONE) P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 2:11 p.m. City of Corpus Christi Page 7 Printed on 8/26/2022 so �o o� A H AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting of August 23, 2022 WoRPORPg4 1852 Second Reading Ordinance for the City Council Meeting of August 30, 2022 DATE: August 4, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance & Business Analysis heatherh3ctcctexasxom 361-826-3227 Ordinance approving Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan CAPTION: Ordinance approving an amendment to the Downtown Tax Increment Reinvestment Zone #3 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on June 28, 2022 to broaden the New Commercial Tenant Finish Out Program and to change the program name to Commercial Finish-Out Program. SUMMARY: This Ordinance approves the Eighth Amendment to the Tax Increment Reinvestment Zone #3 Amended Project and Financing Plan, which would modify the New Commercial Tenant Finish-Out Grant Program. BACKGROUND AND FINDINGS: City staff and the Downtown Management District (DMD) continuously evaluate and seek opportunities to improve the TIRZ #3 Project and Financing Plan to stimulate growth within the TIRZ #3. Since 2019, 12 projects have been approved by the TIRZ #3 Board under the New Commercial Tenant Finish Out Program. An opportunity was identified to support more projects by expanding the program to assist building owners wanting to open their own businesses and owner-occupied businesses wanting to expand their business to a larger footprint within their existing building. Broadening the New Commercial Tenant Finish Out Program will create more opportunities for growth and development in Downtown Corpus Christi. Additionally, the name would be changed to Commercial Finish-Out Program. At the June 28, 2022, TIRZ #3 board meeting, City staff and DMD recommended a modification to the New Commercial Tenant Finish-Out Program to extend eligibility to established businesses and change the name of the program to Commercial Finish-Out Program. ALTERNATIVES: City Council could choose not to incorporate the Eighth Amendment to the Project and Financing Plan or could make recommended changes. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: City staff recommends approving the amended Project and Financing Plan to modify the New Commercial Tenant Finish-Out Program to extend eligibility to established businesses, as well as new businesses; and change the name of the program to Commercial Finish-Out Program. LIST OF SUPPORTING DOCUMENTS: Ordinance Amended Project & Financing Plan Ordinance approving an amendment to the Downtown Tax Increment Reinvestment Zone #3 Project & Financing Plans approved by the Board of Directors of Reinvestment Zone Number Three, City of Corpus Christi, Texas on June 28, 2022 to broaden the New Commercial Tenant Finish Out Program and to change the program name to Commercial Finish-Out Program. WHEREAS, in 2008, through Ordinance 027996, the City of Corpus Christi created a tax increment financing district, to be known as "Reinvestment Zone Number Three, Corpus Christi, Texas," over a portion of the city that includes the City's downtown area; WHEREAS, Ordinance 027996 included a preliminary reinvestment zone financing plan; WHEREAS, on August 25, 2015, the City Council passed Ordinance 030592, which approved the "Tax Increment Reinvestment Zone#3 Amended Project & Financing Plan"; WHEREAS, the "Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan" was last amended by City Council on March 30, 2021 ; WHEREAS, on June 28, 2022, the Board of Directors of Reinvestment Zone Number Three passed a motion recommending an amendment to the "Tax Increment Reinvestment Zone#3 Amended Project& Financing Plan" that expands the Commercial Finish-Out Program to include owner occupied commercial space; WHEREAS, Texas Tax Code Section 311 .011(d) provides that the governing body of the municipality that designated the zone must approve a project plan for a reinvestment zone by ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL FOR THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone #3, Corpus Christi, Texas for the Reinvestment Zone Number Three, City of Corpus Christi, Texas, as approved by the Board of Directors of Reinvestment Zone Number Three on June 28, 2022. A copy of the Plan is attached hereto and incorporated by reference. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor City of Corpus Christi / Corpus Christi Downtown Management District Tax Increment Reinvestment Zone #3 Amended Project & Financing Plan Introduction Tax Increment Financing is an economic development tool authorized by Chapter 311 of the Texas Tax Code, through which governments can designate a portion of tax increment to finance improvements to promote development of a defined area, called a "Reinvestment Zone." The defined area must meet one of the five criteria outlined in Chapter 311. In 2008, through Ordinance 027996, the City of Corpus Christi created Tax Increment Reinvestment Zone #3 ("TIRZ#3"or"the Zone"), over a portion of the city that includes the city's Downtown area.There have been three amendments to the ordinance; expansion of boundaries (April 2009), correction of termination date (March 2012) and correction of board composition (August 2014). A change in the economic climate immediately after the creation of TIRZ #3 hindered the performance of the fund and prevented any investment from occurring. Throughout this time, there has not been an update to the Preliminary Project & Financing Plan in the 2008 Ordinance. This document, the 2015Amended Project& Financing Plan, is intended to replace the previous Project& Financing Plan and any future amendments will modify this version. This 2015 Amended Project& Financing Plan is based on research conducted for the Downtown Area Development Plan (DADP), completed. Upon completion of the DADP, there will be an amendment to refine aspects of the 2015 Amended Project& Financing Plan. TIRZ #3 consists of a Board of Directors and is supported by the City Manager's designee, currently the City's Business Liaison, and the Executive Director of the Corpus Christi Downtown Management District (DMD). Second Amendment (FY 2017)—To continue and enhance the Zone's efforts, this Amendment provides for programming and services from the DMD; refines some of the Incentive Programs; and provides the ability for TIRZ funds to be expended for public, cultural and/or historic properties within the Zone. Updates also include the commitment from Del Mar College's extended participation to the end of the Zone. Note:Schedule of Project Expenditures(Page 7) updated as Exhibit C—FY2017 Project Plan Budget. Third Amendment (FY 2018)—this Amendment renames the (5) Site Assembly & Development category to(5)Site Management&Development and discusses a pilot vacant building program in the Reinvestment Zone. Additionally, both (6) Parking Management and (7) Traffic Pattern and Streetscapes expand to authorize funding for implementation. (8) Other Programs and Initiatives expands to include Cultural District Plan, upon Board's approval of the DMD's FY 2018 Scope of Services. Note:Schedule of Project Expenditures updated as Exhibit C—FY 2018 Project Plan Budget. Fourth Amendment (FY 2019)—this Amendment extends the four Incentive Programs for an additional 3-year period and includes the new FY 2019 Budget as Exhibit C. It also provides an updated Sources of Revenue table showing the projected revenue of the TIRZ over time. 11 Page City of Corpus Christi / Corpus Christi Downtown Management District Fifth Amendment(FY 2021)—this Amendment incorporates implementation that occurred in FY 2020 and refines parameters for more aggressive incentives for FY 21 based upon the remaining rehabilitation hurdles and economics. Sixth Amendment (FY 2021) —this Amendment modifies two incentive programs to expand their impact — New Commercial Tenant Finish Out and Chaparral Street Property Improvement Grant. Seventh Amendment (FY 2021) — this Amendment modifies the Streetscape and Safety Improvement Program to extend eligibility to patio cafes as an exterior improvement. Eighth Amendment(FY 2022)—this Amendment modifies the New Commercial Tenant Finish Out Program remove the "New" and 'Tenant" from the qualifying requirements to become "Commercial Finish- Out Program" to expand the qualification of the program. This will allow established businesses to qualify for the program. Criteria for Zone Creation The 2008 Project Plan stated that the defined area of TIRZ#3 qualified for designation as a"Reinvestment Zone" because it suffered from "economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment." Conditions listed that met the Criteria of Chapter 311, Section 005 included: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to Chapter 311,these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Conditions in 2008 met these requirements, as indicated by the Market and Economic Study undertaken at that time. While our community has benefitted from a boost in economic activity since 2008, the Downtown did not see the same level of development. This solidifies the 2008 position that conditions would not be overcome or corrected without significant intervention and assistance from the public sector. A Consistent Vision for Downtown For decades, efforts had been made to improve and revitalize Downtown Corpus Christi, with various levels of success. The 2006 Downtown Redevelopment Vision resulted in the creation of TIRZ #3, but a change in environment prevented immediate implementation. Other efforts have included: 2004—Bayfront Master Plan 2006—Downtown Redevelopment Report 2013—Central Business Development Plan 2014—RUDAT 21 Page City of Corpus Christi / Corpus Christi Downtown Management District 2015—Downtown Area Development Plan The 2006 Redevelopment Report vision statement is consistent with the vision illustrated in the 2015 Downtown Area Development Plan, which is currently in draft form. "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." Anticipated Zone Role in Downtown Improvements The 2008 Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. It stated that the "current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown."The 2014 Analysis of Residential Market Potential repeated those themes, with extra emphasis on residential development and introduction of the concept of gap financing.Additionally,the 2015 environment has the new dynamic of regional investment valued at tens of billions of dollars. The primary functions of TIRZ#3 will be • To Support Private Sector Development & Investment • To Plan & Construct Public Improvements • To Provide Revitalization Focused Programs & Services The Zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. 31 Page City of Corpus Christi / Corpus Christi Downtown Management District Project Plan Existing Uses and Conditions/Boundaries §311.01 (b) (1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. Avery p wide variety of land uses are present within the TIRZ. The boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in ,'y I„" ' ""' Exhibit B. In the 2015 DADP, the identities of neighborhoods in the Downtown were emphasized as way to build unifying identities and create distinct experiences. Each of those regions is described generally below. SEA District - A large area of publicly owned cultural and entertainment . facilities comprises the north end of the zone. These facilities include: • Port of Corpus Christi's Ortiz Center • Harbor i • Corpus Christi Museum of Science&History Playhouse • Art Museum of South Texas • Brewster . • Whataburger Field Street • American Bank Convention Center&Arena Icehouse • Heritage Park— Restored Historic Homes, now used as Non-Profit Offices or Cultural Museums. Moving south, the next few blocks vary between vacant, undeveloped land and low density residential, bordered to the west by Port facilities and storage space, southeast by the Port of Corpus Christi Offices and the Federal Courthouse. The southern portion of the SEA District also includes two restaurants, a vacant hotel, U-Haul, Fire Station #1 and the historic Nueces County Courthouse. IH 37 is the physical southern border of this area, with the transition from a highway to on and off ramps coming to surface grade. Uptown —South of IH 37, a natural bluff distinguishes the high-rise, office building core of the Uptown. Broadway marks a topo-graphical change as the edge of a bluff,and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high-rise towers. TIRZ#3 picks up two blocks of Uptown, with Tancahua as the west border. Of Downtown's office properties, only the Frost Bank building is one of two Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent. Outside of the Zone, Uptown continues to include major government anchors, including Corpus Christi Independent School District Offices, Nueces County Courthouse, a Regional Transportation Authority Service Center and Corpus Christi City Hall. Marina Arts District (Downtown Management District) — The area east of Broadway is lower in elevation and features a walkable pedestrian grid with a mix of land uses, including hotels, office, residential and retail. The boundary of this neighborhood is based on the petition of property owners that created the Downtown Management District in 1993.This area is the historic center of Corpus Christi, but many of the original buildings have been demolished, due to neglect or natural disasters. The last large wave of construction occurred in the 1980's. The most recent large scale private investment is currently under construction, a $27 million residential property with ground floor retail, the Cosmopolitan.The area is interspersed with surface parking lots and vacant, blighted property. In several places, public spaces and sidewalks are in deteriorated condition. 41 Page City of Corpus Christi / Corpus Christi Downtown Management District Another unique feature of this neighborhood is the Corpus Christi Municipal Marina, spanning three man- made T-heads along the Bayfront. The Marina is comprised of over 600 slips, several restaurants and the Corpus Christi Yacht Club, the third oldest yacht club in the Gulf Coast. Bayshore Park Neighborhood —At Kinney Street, the Zone gets divided by a redundancy of roadways and a few vacant parcels. This portion of the Zone includes the YMCA,a Greek Orthodox Church, Episcopal Church, Methodist Church and several parks.Additionally,there is a mix of early 201h century single family homes and multi-family residential developments.The multi-family developments are truly a diverse mix, including high rise and mid-rise, market rate and affordable, ownership and rental, constructed at all different times with various architectural styles. Many of the original homes, especially at the south end of the neighborhood, have been converted to professional office use.This neighborhood would lend itself to the revitalization seen in older neighborhoods across the country, however an absence of neighborhood support services prevents the unification necessary to create this self identity. A potentially defining feature of this neighborhood is the 34 acres of park land for which the City is currently undergoing a Design-Build process to complete a Bond 2008 project that relocated traffic lanes to unite a patchwork of public space. The southeastern corner of the zone includes the Emerald Beach hotel and Marina del Sol condominiums. This neighborhood abuts the Christus Spohn Shoreline hospital complex. Christus Spohn Shoreline is just outside TIRZ#3 Boundaries, but the system is planning a $325 million investment in the community in the coming years. Municipal Ordinances §311.011 (b) (2) The City may modify existing ordinances in order to make the area in and around TIRZ#3 more friendly to the types of residential and recreational activity desired. Some other policies that will be updated include building design, setbacks and streetscape requirements, in order to establish a built environment that supports the downtown character. City Planned Improvements (Non Project Costs) §311.011 (b) (3) The City of Corpus Christi has over$ million in improvement projects currently funded and in some stage of planning or construction, independent from this TIRZ #3 Project Plan. The City will continue to use Bonds packages a major source of public improvement funding. Project Source Timeframe Cost Status as of 09/2020 Shoreline Realignment Bond 2008 Ongoing $13,000,000 Done SEA District Improvements Bond 2012 2015-2016 $500,000 Under Construction Chaparral St. Phase II Bond 2014 2015-2016 $9,000,000 Done Water Street Improvements Bond 2014 2015-2016 $5,000,000 Done Streetscape Improvements Bond 2014 2015-2015 $1,500,000 Done Wayfinding Program HOT Funds 2015 $200,000 On Hold Shoreline Crosswalks Bond 2018 2021 Pending Design Downtown Lighting Bond 2018 2021 Pending Design Total $29,200,000 51 Page City of Corpus Christi / Corpus Christi Downtown Management District Relocation §311.011 (b) (4) No relocation of existing residents is anticipated to be required as part of the Project Plan. Financing Plan Estimated Project Cost Description (§311.011 (c) (1) & Kind, Number and Location of TIRZ Improvements §311.001 (c) (2) TIRZ #3 is anticipated to participate in projects that support the development and economic activity projected in the DADP, especially when cost of development creates a gap due to utility or infrastructure conditions.The initial focus is on residential and mixed-use development. Exceptions may be made to the guidelines below for catalytic projects with Board approval. Such changes will be incorporated at the next Project Plan Amendment. 1. Targeted Vacant Property Improvement Grant Program —This three-year matching grant program will support and encourage private investment in the built environment along Chaparral Street and Mesquite Street for active businesses. Due to its "Main Street" characteristics and its function of connecting the Marina Arts District (Downtown Management District Boundary) and SEA District, Chaparral Street is a first phase priority for successful revitalization of the Zone. During FY 2016-2021, TIRZ#3 will make $200,000 available per year to match approved property improvements funded by the property owners. The Zone will consider from a 50/50, on renovation costs, depending on how the scope of the project meets the priorities of the Zone. A 20% incentive cap had been adopted for FY 16— FY 20 but this will be waived for FY 21. A max of$100,000 is available for a single project in a single fiscal year. Applications will be accepted until the allocation is exhausted for each fiscal year. In FY 2021, the program will be extended to Mesquite Street in the Marina Arts District to facilitate development of targeted vacant buildings. 2. Commercial Finish-Out Grant Program— In order to support the demand for more dining, retail and entertainment venues in the Downtown, the Zone will reimburse approved new tenants and owner- occupied finish-outs at a maximum rate of $10 per square foot. For an owner-occupied business to qualify for the incentive, they must be established for at least 10-years. Evidence of operation must be provided upon application submission. It has become clear that existing inventory is not white box ready. 50% of Mechanical, Electrical or Plumbing Costs (Up to $20,000) will be available to the landlord with a new tenant if that landlord provides a 6-month rent waived lease. First-floor, active street use projects will be a priority consideration. $100,000 will be allocated annually. Qualified finish-out expenses include: floor and wall upgrades, HVAC, kitchen equipment, awnings and other permanent, semi-permanent fixtures. Grant is reimbursable to the Tenant, but written approval must come from Landlord in application. Applications will be accepted until the allocation is exhausted for each fiscal year. This program will also be available for expedited $10,000 micro-grants to be approved by the City Manager, or his designee, and administered by DMD and City Staff. Approved agreements will be reported to TIRZ#3 Board at the next Regular Meeting following award. 61 Page City of Corpus Christi / Corpus Christi Downtown Management District 3. Downtown Living Initiative—The Residential Demand Study conducted fort he DAD stated that over the next 5 years, 1,850 new units could be absorbed in the greater downtown if the threshold made investment attractive. Apartment occupancy was 94.2% in the first Quarter of 2015 (industry considers 96% to be full occupancy). In order to stimulate development, for FY 2016-2021, the Zone will provide a $10,000 per unit reimbursement grant for multi-family developments of over 3 units that meet the required design criteria. Applications will be accepted until the allocation is exhausted for each fiscal year, and allocations may be split between years and committed in advance. 4. Project Specific Development Agreement — In situations where higher development costs create a financing gap, TIRZ #3 can provide assistance to property owners or developers through a Development Agreement for reimbursement of net new tax increment. A pro-forma is required to qualify for up to 75% reimbursement of the new taxes for 10 years if a development is 5,000 sq.ft or creating 25 or more new residential units. If further gap exists, staff will undertake additional third party review to justify any additional reimbursement, based on the"but,for" principle.The qualifying cost elements for this Program include: • Environmental Remediation/Code Compliance • Historic Preservation • Structured Parking • Urban Design/Landscaping • Public Improvements/Utilities Further, Residential Developments over 10 Units may be considered as an individual cost element. For catalytic projects with per unit development cost above $100,000, a 10% threshold will be considered based on available funding, up to $20,000 per unit. S. Site Management&Development—Beginning in FY 2017,TIRZ#3 will develop a program to facilitate activation of vacant properties within the Zone and propose to City Council adoption of a downtown vacant building ordinance. The program will establish minimum requirements for vacant properties and designate registered properties as eligible for incentives or emergency funding. Funding will be allocated to establish and administer the program. In order to activate strategically located properties, TIRZ #3 may place properties under option and work towards developing proposals for development, then assist in acquisition and development of the properties. Additionally, the Zone may purchase properties outright for redevelopment and dispose of properties, if approved by the Board. Under this initiative, funding may also be expended for stabilization or redevelopment of public, cultural and/or historic properties. 6. Parking Study & Development— In key locations where parking is undersupplied or inadequately distributed, the Zone can assist in providing public parking facilities such as on-street spaces or off- street lots and structures. TIRZ #3 will conduct a study in FY 2016 in order to develop a strategic approach for parking in the Downtown and fund implementation steps. Additionally, the Zone may support any efforts City may undertake for appropriate parking management infrastructure such as meters, lot improvements, structured garages and occupancy monitoring systems. 71 Page City of Corpus Christi / Corpus Christi Downtown Management District 7. Traffic Pattern Study & Streetscapes —TIRZ#3 may contribute to studies for traffic movement and improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.) The Zone will contribute up to $150,000 for a traffic pattern study as the first phase of this initiative. Additionally, pedestrian accommodations and streetscapes will be a priority. Funds may also be expended on implementation of infrastructure improvements, as budgeted and listed below: • Streetscape and Safety Improvement Program—Funding$200,000 for Right of Way,aa4 Fagade, exterior and patio improvements, including sidewalk and patio cafes, to increase lighting and security beginning FY 18, funded annually after. Micro-grants can be administered by DMD and City Staff. • Artesian Park-$150,000 Initial Funding in FY 20, then $50,000 Annual for La Retama &Artesian. • Two Way Conversion Shoreline to Water Street—Up to$400,000(Funded FY 20, Rolled to FY 21) • General Right of Way Maintenance -$50,000 Annually. • Broadway Bluff Maintenance and Repair Assessment-$150,000(Funded FY 20, Rolled to FY 21) 8. Other Programs & Initiatives — TIRZ #3 will develop other programs and initiatives that will be presented to the Board for approval, during the life of the Zone. Each year, the following initiatives are being added: • FY 2017 - Downtown Management District Bike Share Initiative • FY 2017 - Downtown Management District Expanded Scope of Services • FY 2018 — Downtown Management District — Cultural District Plan, TIRZ #3 Incentive Programs, registration process for downtown vacant building program, Streetscape Safety & Right of Way Improvement Program and Off-Street Parking Improvement Program. • FY 2019- Unified brand implementation and expanding organizational and operational capacity. • FY 2020- Implementation of approved projects from TIRZ #3 Traffic & Planning Analysis, specifically Artesian Park Upgrades. • FY 2021- Capital Maintenance for public spaces and right of ways throughout the zone and continued capital maintenance. 9. Management & Professional Services- Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, consulting services, document production and maintenance, and other administrative costs. These costs were originally estimated at$50,000 per year for the 20-year life of the Zone, but to date the only dollars expended have been for state reporting requirements. Staff plans to strategically engage outside resources to evaluate revenue projections and continue to develop innovative, effective programs. Economic Feasibility Study §311.011 (c) (3) The 2008 Market and Economic Feasibility Study for TIRZ #3 was completed by CDS Market Research I Spillette. In 2014 and 2015, Goody Clancy completed additional studies that reflect the more recent 81 Page City of Corpus Christi / Corpus Christi Downtown Management District environment, and emphasize the importance of residential development in any revitalization. Those studies include: • Residential Market Potential (Zimmerman/Volk)—final • Retail Market Analysis&Strategy (Mike Berne)—draft • Hotel, Office, Retail (W-ZHA, Sarah Woodworth)—draft • Incentives& Development Economics (W-ZHA, Sarah Woodworth)—draft Estimate of Bonded Indebtedness §311.011 (c) (4) It was not anticipated that TIRZ would issue bonded debt, but would be funded on a pay-as-you-go basis. If the annual revenue and available non-bonded debt financing are insufficient to address the needs of TIRZ #3, we may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c) (5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay-as-you- go project expenditure approach. The following table summarizes proposed planned expenditures for TIRZ#3 until FY 2019. Another set of programs will be proposed in FY 2018, based on an assessment of needs at that time. Schedule of Project Expenditures FY FY 14-15 FY 15-16 FY 16-17 FY 17-18 FY 18-19 Year 2015 2016 2017 2018 2019 Beg. Bal $1,563,751 $2,333,342 $1,730,387 $1,540,935 $1,631,307 + New Increment' 794,591 997,045 1,160,548 1,440,372 1,615,149 1 Chaparral Street Grant Programz 200,000 200,000 200,000 2 New Tenant Commercial Fin' 100,000 Grant Programz See Exhibit C for FY 2017 3 Downtown Living Initiative 00,000 4 Project Specific Developmen TBD TBD Agreement3 Update of Project Budget 5 Site Assembly& Developme 6 Parking Study& Developme 7 Traffic Pattern Analysis& 150,000 Streetscapes 8 Other Programs& Initiative 9 Management& Professional Services 25,000 50,000 50,000 50,000 50,000 Expenditure Totals 25,000 1 1,600,000 1 1,350,000 1 1,350,000 50,000 TIRZ Ending Balance 2,333,342 1 1,730,387 1 1,540,935 1 1,631,307 1 3,196,456 Notes: 1 Increment Projection developed by CCREDC,will be monitored closely to ensure program allocations 2 Program allocations will be authorized each Fiscal Year. 3 Incentive available will be based on the amount of investment and increment generated by private sector. 91 Page City of Corpus Christi / Corpus Christi Downtown Management District Method of Financing and Sources of Revenue §311.011(c) (6) Methods of Financing. TIRZ#3 will initially take a primarily pay-as-you-go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project. • If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. Sources of Revenue. The primary source of revenue for TIRZ #3 will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within TIRZ#3. The City,County,and Del Mar College have agreed to participate in funding TIRZ#3 with 100% of the incremental property taxes collected over the life of the Zone.. The assessed value base year for the City of Corpus Christi is 2009; the base year or Nueces County and Del Mar College is 2010. The 2018 adjusted projection of incremental property tax revenue contributed to the Zone is as follows: Sources of Revenue Year Increment Value Tax Revenue City County Del Mar City County Del Mar TOTAL FY 10 $8,655,793 $50,400 $ - $ - $ 50,400 FY 11 21,931,954 4,698,427 4,674,139 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,665 15,290,811 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,988,148 38,041,488 250,533 136,845 98,148 485,526 FY 14 57,920,528 1 52,767,539 1 51,604,697 1 338,988 1 179,932 1 129,355 1 648,275 FY 15 71,728,002 1 794,591 FY 16 90,003,549 See Below for FY 2019 Update 997,045 FY 17 104,763,037 1,160,548 FY 18 130,02ZB72 of Sources of Revenue 1,440,372 FY 19 1 145,800101 1,615,149 FY 20 173,112,004 1,917,707 FY 21 189,976,968 173,075,373 169,261,300 1,111,867 572,776 419,892 2,104,534 FY 22 207,413,655 188,960,778 184,796,638 1,213,917 625,347 458,431 2,297,695 FY 23 225,441,446 205,384,699 200,858,623 1,319,428 679,700 498,276 2,497,404 FY 24 244,080,379 222,365,390 217,465,110 1,428,515 735,896 539,472 2,703,883 FY 25 263,351,172 239,921,727 234,634,557 1,541,300 793,997 582,065 2,917,362 FY 26 283,275,244 258,073,223 252,386,047 1,657,908 854,068 626,102 3,138,077 FY 27 303,874,743 276,840,056 270,739,314 1,778,469 916,174 671,631 3,366,275 FY 28 325,172,564 296,243,083 289,714,756 1,903,118 980,387 718,704 3,602,209 FY 29 347,192,382 316,303,874 309,333,466 2,031,992 1,046,776 767,373 3,846,141 $35,963,109 101 1 a g e City of Corpus Christi / Corpus Christi Downtown Management District These estimates will continue to be monitored and adjusted annually. Sources of Revenue Year Increment Value Tax Revenue Fiscal Year City County Del Mar Total City County Del Mar TOTAL FY 10 8,938,611 - - 8,938,611 50,400 - - 50,400 FY 11 21,931,959 4,698,427 4,674,139 31,304,526 127,703 16,488 12,059 156,251 FY 12 22,782,697 15,449,269 15,290,811 53,522,776 129,988 54,227 39,451 223,666 FY 13 43,910,295 38,987,148 38,041,488 120,938,931 250,533 136,845 98,148 485,526 FY 14 56,814,718 51,751,996 50,602,120 159,168,834 332,516 176,474 126,842 635,832 FY 15 61,641,842 57,170,457 55,257,674 174,069,974 359,150 189,203 137,079 685,432 FY 16 73,819,407 81,480,890 80,084,765 235,385,063 447,540 254,977 198,669 901,186 FY 17 82,672,144 96,768,777 95,440,711 274,881,633 501,211 294,266 234,936 1,030,413 FY 18 90,723,843 94,622,680 98,178,819 283,525,342 550,026 287,740 241,676 1,079,442 FY 19 96,280,721 110,962,179 117,040,051 324,282,951 583,715 337,427 288,105 1,209,247 FY 20 105,165,951 111,267,007 123,927,631 340,360,589 637,583 338,354 305,059 1,280,996 FY 21 112,055,614 127,652,230 144,304,130 384,011,974 679,353 388,180 355,218 1,422,751 FY 22 121,974,293 130,414,841 155,674,539 408,063,674 739,486 396,581 383,207 1,519,274 FY 23 130,351,758 147,214,456 178,552,529 456,118,743 790,276 447,667 439,523 1,677,466 FY 24 141,527,057 152,497,010 194,956,096 488,980,162 858,028 463,731 479,902 1,801,661 FY 25 151,580,816 170,089,008 221,442,870 543,112,694 918,980 517,227 545,102 1,981,309 FY 26 164,264,179 178,010,361 243,673,527 585,948,067 995,875 541,315 599,824 2,137,014 FY 27 176,220,443 196,790,562 275,051,046 648,062,051 1,068,361 598,424 677,063 2,343,848 FY 28 190,697,246 207,528,945 304,184,757 702,410,948 1,156,129 631,079 748,778 2,535,986 FY 29 204,825,030 227,919,904 341,971,692 774,716,626 1,241,780 , 693,086 841,794 2,776,661 Bold=Actuals $12,418,634 $ 6,763,292 $ 6,752,435 $25,934,361 Current Appraised Value & Estimated Captured Appraised Value §311.011(c)(7), (8) According to the Nueces County Appraisal District,the 2009 certified taxable appraised value for the Zone is$310,019,372. The table above projects taxable value increment captured bythe Zone overthe remainder of its duration, if all taxing entities continue participation. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Captured value projections assume a 2.5% annual value appreciation rate for existing development, based on actual property value growth and do not take into account future investments. Duration of the Zone TIRZ#3 will exist until 2028, however, the Board, City and other taxing entities may agree to extend the Zone. 11age City of Corpus Christi / Corpus Christi Downtown Management District List of Exhibits Exhibit A TIRZ#3 Boundaries and Land Uses Exhibit B Legal Description Exhibit C FY 2017 Project Plan Budget FY 2018 Project Plan Budget FY 2019 Project Plan Budget FY 2021 Project Plan Budget 121 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit A— Boundaries & Land Use r Tax Increment Finance District#3 r a 1-7 a - II, iwm • TIRZ Boundary • SEA District • P� • , Uptown • Marina Arts District(DMD) N • Bav,__..�.s..hore Park OR— j law t (.Tint Legend ZZ C'ruT uti L�ZZ I ChfiF[i Ee4iq LaM Uo r moo. 6. F' c.wn A L� P Pared By.MBB .. Printing O.re Th_Y Y',0,20bB fe.2007914 A7AM PrP�ecl Source CrfyGCdpua Chns&-Lb"rolaP"M S.nnroa + 13 gage City of Corpus Christi / Corpus Christi Downtown Management District Exhibit B - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi—Port Aransas Waterway at its intersection with the northerly extension of the West right-of-way line of Sam Rankin Street; Thence Easterly along the centerline of the Corpus Christi—Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50'feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line,being 50 feet on the East side and parallel with the breakwater,following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A-2"zoning line approximately 1,000 feet from the shoreline and parallel with the East right-of-way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said"A-2"zoning line extending parallel and approximately 1,040 feet from the East right-of-way line of South Shoreline Boulevard to its intersection with a second "A-2"zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement,inside the Marina Del Sol Boat Harbor,for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3,Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3,Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3,Block 1 of Marina Del Sol Subdivision,540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue,to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street:; Thence Northerly along the centerline of South Tancahua Street,passing Furman,Coleman,Park,Agnes,and Laredo Street,to a point in the centerline where South Tancahua becomes North Tancahua,and continuing along North Tancahua,passing Kinney, Blucher,Comanche,Lipan,Leopard,Antelope and Buffalo Street and continuing past IH 37 to its intersection with the centerline of the existing northwest frontage road of I.H.37,for a point; Thence Northeast along the centerline of said existing northwest frontage road of I.H.37 to its intersection with the South right-of-way line of West Broadway Street for a point; Thence along the South right-of-way line of West Broadway Street to its intersection with the westerly extension of the South right-of-way line of Concrete Street for a point; Thence Northeasterly along the South right-of-way line of Concrete Street extended,to its intersection with the north right-of- way line of West Broadway Street,for a point; Thence Northwesterly along the North right-of-way line of West Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southeast property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the South boundary line of Lot 1, Block 58 out of the Beach Addition,to its Southwest corner for a point; 141 Page City of Corpus Christi / Corpus Christi Downtown Management District Thence Northwest along the common,West boundary line of Lots 1 thru 6,Block 58,of the Beach Addition,to its intersection with the South right-of-way line of Resaca Street; Thence Northeast along the South right-of-way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its intersection with the centerline of Port Avenue,for a point; Thence Southwest along the centerline of Port Avenue,to its intersection with the West right-of-way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Rankin Street and its extension to its intersection with the centerline of the Corpus Christi—Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10%or more of the area used for residential purposes: Beach Addition Block 55 Lots 10 thru 12 151 Page City of Corpus Christi / Corpus Christi Downtown Management District Exhibit C Tax Increment ReinvestmentZone#3 Proposed Budget FY 2017 Year FY 2015 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed future Beg.Bal $ 1,563,751 $ 1,563,751 5 2,7=7.333 $ 2,25'.5.`° $ 2,930,612 $ 2,253,464 $MJ,508,279 +Increment Reverue $ 734,082 $ 691,162 $ °=-1.117 5 85:"..�u. :.127AM $ 1,409,815 $ J,762,26.9 1 Chaparral St.Grant Program 2New YerantCommerve ish°utG`antPr° See Below for FY 2018 Update 3 Downtown Living Initiatilative - 4 Project Specific Development Agreement - 6Parkissetudy&Development of Project Budget 6 Parking5[udy&Development - 7 Traffic Pattern Analysis&Streetscapes 1,000,000 8 Other Programs&Initiatives 420,000 9 Management P.-ofess=°nal Ler✓Ices _.. _ 50,000 2 ,TOTAL EXPENDITURES $ - $ 1,344 $ 1,600,000 $ 188,800 $ 1,805,000 5 2,155,000 $ 1,470,000 End Eal $ 2,297,833 S 2,2S3.Sb9 S Y.e9L950 S 2,931612 $ 2,253,464 1,508,279 $ 1,800.548 Notes: 1 Ending FY 20161nc—onl it not final, 2 Other Programs F. niC,atives are DMD Requests for funding in FY 17.Project Plan vii i reed to be updated to reflectchanges. Proposed Budget FY 2018: Year FY 2016 FY 2016 FY 2017 FY 2018 Budget Actual Budget Estimated Proposed Beg.Bal $ 2,297,833 $ 2,253,569 $ 2,953,576 $ 2,992,483 $ 3,388,432 +Increment Revenue $ 994,117 $ 914,191 $ 1,127,852 $ 1,070,317 $ 1,291,273 1 Chaparral St.Grant Program 00 2 New Tenant Commercial Finish Out 00 3 Downtown Living Initiative See Below for FY 2019 Update 00 4 Project Specific Development Agreerr 5 Site Management&Development 00 6 Pa rki ng Study&Development of Project Budget 00 7 Traffic Pattern Analysis&Streetscap 00 8 Other Programs&Initiatives 00 9 Management&Professional Services $ 50,000 $ 4,801 $ 50,000 $ 9,368 $ 50,000 TOTAL EXPENDITURES $ 1,600,000 $ 175,277 $ 1,805,000 1$ 674,368 $ 2,220,000 End Bal $ 1,691,950 $ 2,992,483 1 $ 2,276,428 $ 3,388,432 1$ 2,459,705 161 1 a g e City of Corpus Christi / Corpus Christi Downtown Management District Proposed Budget FY 2019: 11 FY 2019 111audget Estimated Proposed Beg.Bal $ 2,253,569 $ 2,992,483 $ 3,348,528 $ 3,626,061 $ 3,527,056 +IncrementRevenue $ 914,191 $ 1,030,413 $ 1,324,973 ^ 1,154,516 $ 1,409,019 1 Chaparral St-Grant Program $ 71,942 $ 100,400 $ 244,000 $ 200,000 $ 200,000 2 New Ten antCom mercialFinishOut GrantProgram $ - $ 15,000 $ 100,000 $ 68,220 $ 100,000 3 Downtown Living Initiative $ - $ - $ 725,000 $ 92,500 4 Project Specific Development Agreement $ - $ - $ - $ - 5 Site Management&Development $ - $ - $ 1441044 $ 40,000 $ 100,000 6 Parking Study&Development $ 98,534 $ 50,000 $ 154,404 $ 100,000 $ 200,000 7 Traffic Pattern Analysis&Streetscapes $ - $ 150,000 $ 500,000 $ 200,000 $ .350,000 76 Streetscape Safety&Right of Way Improvement Program $ 100,000 $ 200,000 8 Dther Programs&Initiatives $ - $ 350,CO0 $ 395,400 $ 410,000 $ 450,000 91 Management&Professional Services $ 4;801 $ 9.368 $ 54,044 $ 35,301 .$ 59,102 TOTAL EXPENDITURES $ 175,277 1674,3681 $ 2,224,444 ^ 1,153,521 $ 3,333,602 End Bal $ 2,932,453 $ %348,52,9 1 $ 2,449,501 1 $ 3,627,056 $ 3,204,472 See Below for FY 2021 Update of Project Budget Original Amended Actuals BudgetAccount Description 2018- 2019 . . , $ $ $ 21 TIRZ#3 Project Plan $ 18 964.00 - 68 145.00 - $ - Chaparral St Grant Program $ 101 469.00 200 000.00 400 000.00 279 585.00 $ 200 000.00 New Tenant Commercial Finish $ $ $ Out $ 61 700.00 100 000.00 106 490.00 14 378.00 $ 100 000.00 Downtown Living Initiative $ - - 1,665,000.00 1665000.00 $ - Development Tax $ $ $ Reimbursement $ - 15 000.00 $ 370 000.00 Site Management and $ $ $ Development $ 152 151.00 - - - $ - Downtown Vacant Bldg. Code $ $ $ Enforcement $ 1,989.50 50 000.00 50 000.00 588400 $ 25 000.00 Parking Meter Replacement $ - 100 000.00 100 000.00 - $ 100 000.00 Off-street Parking Improvement $ 100 000.00 100 000.00 - $ - Traffic Pattern Analysis $ - 400 000.00 550 000.00 550 000.00 $ 350 000.00 Streetscape &Safety $ $ $ Improvements $ 18 246.00 200 000.00 345 735.00 348 259.00 $ 200 000.00 17Page City of Corpus Christi / Corpus Christi Downtown Management District $ $ $ DMD Agreement $ 376 317.00 510 000.00 532 016.00 532 016.00 $ 510 000.00 Management&Professional $ $ $ Services $ 111.00 4,000.00 4 000.00 - $ 4,000.00 Transfer to General Fund $ 55 102.00 127 082.00 127 082.00 127 081.51 $ 126 924.00 TOTAL EXPENDITURES $ 786 049.50 1,791,082.00 4063468.00 3,522,203.51 $ 1,985,924.00 181 Page so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 23, 2022 1852 Second Reading for the City Council Meeting of August 30, 2022 DATE: August 23, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveVCa)-cctexas.com 361-826-3445 Acceptance of the Infectious Disease Prevention and Control Unit-COVID (IDCU- COVID) Grant in the amount of $951,649.00 and appropriation of the funds for the contract period September 1, 2022, through August 31, 2024 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant from the Texas Department of State Health Services appropriating $951,649.00 into the Health Grants Fund for COVID-19 response activities for the period September 1, 2022, through August 31, 2024; amending the operating budget; and authorizing 19 grant positions. SUMMARY: The grant will be used for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services ("DSHS") has awarded a grant contract in the amount of $951,649.00 to provide for personnel costs, supplies, and other expenses to ensure proper COVID-19 response is sustained and to build sustainable relationships with those communities within the jurisdiction of the CCNCPHD. ALTERNATIVES: Refuse the grant and discontinue offering services to assist communities disproportionately affected by COVID-19. FISCAL IMPACT: (Narrative no graphs) There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831861 F Mission Element: 103 COVID19 Response Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS000812700042 Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant Program from the Texas Department of State Health Services for the period September 1, 2022, through August 31, 2024; appropriating $951,649.00 into the Health Grants Fund to provide COVID-19 epidemiologic and surveillance response activities and COVID-19 laboratory response network activities; and authorizing 19 grant positions. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to enter into Contract No. HHS000812700042 (the "Contract") under the COVID-19 Grant Program with the Department of State Health Services ("DSHS) in the amount of $951,649.00 for the period September 1, 2022, through August 31, 2024, to provide funding in support of COVID-19 epidemiologic and surveillance response (Epi) activities and COVID-19 laboratory response network (LRN) activities. SECTION 2. Funds in the amount of$951,649.00 are appropriated from the grant to the Health Grants Fund No. 1066 to provide $855,347.00 for COVID-19 epidemiologic and surveillance response (Epi) activities and $96,302.00 for COVID-19 laboratory response network (LRN) activities. SECTION 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $951,649.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 5. A copy of the executed health grant contract shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 1 That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES CONTRACT No. HHS000812700042 UNDER THE COVID-19 GRANT PROGRAM The parties to this agreement("Grant Agreement" or"Contract") are the DEPARTMENT OF STATE HEALTH SERVICES("SYSTEM AGENCY"OR"DSHS"), a pass-through entity, and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) ("GRANTEE") having its principal office at 1702 Horne Road, Corpus Christi, Texas (each a"Party" and collectively the "Parties"). 1. PURPOSE The purpose of this Grant Agreement is to provide COVID-19 response activities. II. LEGAL AUTHORITY This Contract is authorized by and in compliance with the provisions of Texas Government Code Chapter 791, and Chapters 12 and 121 of the Texas Health and Safety Code. III. DURATION This Grant Agreement is effective on September 1, 2022 and terminates on July 31, 2024, unless renewed, extended, or terminated pursuant to the terms and conditions of the Grant Agreement. System Agency, at its sole discretion, may extend this Grant Agreement for any period(s) of time,provided the Contract term, including all extensions or renewals, does not exceed five years. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Contract beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interest of the State. IV. STATEMENT OF WORK The Scope of this Grant Project to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as ATTACHMENT A. V. BUDGET The amount of this Grant Agreement for COVID-19 epidemiologic and surveillance response (Epi) activities will be $855,347.00 and the amount for COVID-19 laboratory response network (LRN) activities will be $96,302.00. The total amount of this Grant Page 1 of 19 System Agency Contract No.HHS000812700042 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Agreement will not exceed $951,649.00. Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $951,649.00 Total State Funds: $0.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. VI. REPORTING REQUIREMENTS This Grant Agreement contains reporting requirements as stated in ATTACHMENT A, STATEMENT OF WORK. VII. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Contract on behalf of their respective Parry. System Agency Department of State Health Services P.O. Box 149347 —Mail Code 1990 Austin, Texas 78714-9347 Attention: Caeli Paradise Grantee Corpus Christi-Nueces County Public Health District 1702 Horne Road Corpus Christi, Texas 78416-1902 Attention: Steven Viera VIII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing, include the Grant Agreement contract number, comply with all terms and conditions of the Grant Agreement, and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe, Mail Code 1100 Austin, Texas 78751 System Agency Contract No.HHS000812700015 Page 2 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 With copy to Department of State Health Services Attn: General Counsel P.O. Box 149347,MC 1919 Austin, Texas 78714-9347 C. Notices given by System Agency to Grantee may be emailed, mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail,postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Parry may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. IX. FEDERAL AWARD INFORMATION GRANTEE'S DATA UNIVERSAL NUMBERING SYSTEM(DUNS)NUMBER: 078495025 Federal funding under this Grant Agreement is a subaward under the following federal award. Federal Award Identification Number (FAIN): NU50CK000501 A. Epidemiology and Laboratory Capacity for Infectious Diseases (ELC) — 93.323- $951,649.00 B. Federal Award Date: April 23, 2020 C. Federal Award Period: 8/1/2019 — 7/31/2024 D. Name of Federal Awarding Agency: Centers for Disease Control and Prevention E. Federal Award Project Description: Epidemiology and Laboratory Capacity for Prevention and Control of Emerging Infectious Diseases F. Awarding Official Contact Information: Brownie Anderson-Rana, Grants Management Officer 2939 Flowers Road—Mailstop TV2 Atlanta, GA 30341-5509 Phone: 770-488-2771 G. Total Amount of Federal Funds Awarded to System Agency: $2,068,114,803.00 H. Amount of Funds Awarded to Grantee: $951,649.00 I. Identification of Whether the Award is for Research and Development: No System Agency Contract No.HHS000812700042 Page 3 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 X. ATTACHMENT C,UNIFORM TERMS AND CONDITIONS VERSION 3.0)("UTCs"), of this Grant Agreement is revised as follows. Unless expressly modified, amended, or replaced in this Section, the UTCs shall remain in full force and effect. • Section 8.5 Confidentiality, of the UTCs, is hereby amended to add the following: System Agency acknowledges that Grantee is a Governmental Entity and is subject to the Texas Public Information Act, and that Grantee will comply with System Agency's request for confidentiality to the extent permitted by law. • Section 10.1 General Indemnity, of the UTCs, is hereby amended to add the following: System Agency acknowledges that Grantee has been organized pursuant to the Constitution and laws of the State of Texas,possesses certain rights and privileges, is subject to certain limitations and restrictions, and only has such authority as is granted to it under the Constitution and laws of the State of Texas. No provision of this Contract extends Grantee's liability beyond the liability or authority provided in the Constitution and the laws of the State of Texas. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to Grantee as a governmental entity, Grantee shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. System Agency shall be solely responsible for its own acts and omissions. XI. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents and the Data Use Agreement takes precedence over all other contract documents. ATTACHMENT Ell-STATEMENT OF WORK ATTACHMENT B-BUDGET ATTACHMENT C-UNIFORM TERMS AND CONDITIONS-GRANT ATTACHMENT D-ADDITIONAL PROVISIONS ATTACHMENT E-FEDERAL ASSURANCES NON-CONSTRUCTION ATTACHMENT F-CERTIFICATION REGARDING LOBBYING ATTACHMENT G-FFATA System Agency Contract No.HHS000812700042 Page 4 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ATTACHMENT H-HHS DATA USE AGREEMENT ATTACHMENT I -SECURITY AND PRIVACY INQUIRY(SPI) XII. SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Contract No.HHS000812700042 Page 5 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 SIGNATURE PAGE FOR SYSTEM AGENCY CONTRACT No. HHS000812700042 SYSTEM AGENCY GRANTEE DocuSigned by: DocuSigned by: 11V87AFD32AD9D24A9 SfWt,A, �/i DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ATTACHMENT A STATEMENT OF WORK L GRANTEE RESPONSIBILITIES Grantee will: A. Enhance public health follow-up activities, including: 1. Conducting case investigations; 2. Eliciting or identifying individuals who may have been exposed to COVID-19; 3. Notifying individuals of COVID-19 exposure; and 4. Providing referrals to COVID-19 testing, vaccine resources and other follow- up services. Data must be entered into the DSHS data system in accordance with DSHS published guidance. Grantee may not incur COVID-19 contact tracing Call Center expenditures beyond 8/31/2021. B. Improve morbidity and mortality surveillance, including: 1. Establish or enhance community-based surveillance - Surveillance of populations and individuals includes but is not limited to those without severe illness, those with travel to high-risk locations, or those who are contacts to known cases. 2. Monitor and report daily COVID-19 probable and confirmed COVID cases (including deaths)to DSHS. 3. Track and send Emergency Department and outpatient visits for coronavirus (COVID)-like illness, as well as other illnesses, to Texas Syndromic Surveillance System (TxS2). 4. Send copies of all admission, discharge, and transfer (ADT) messages to the Centers for Disease Control and Prevention (CDC) National Syndromic Surveillance Program (NSSP). 5. Monitor and utilize available data in the CDC's National Healthcare Safety Network(NHSN)for confirmed 2019 novel coronavirus(COVID-19)infection or for COVID-like illness. a. Long-term care: hllps://www.cdc.gov/nhsn/ltc/covidl9/index.html b. Acute care: hltps://www.cdc.gov/nhsn/acute-care- hospital/covidl9/index.html 6. Work with long-term care facilities to enroll the facility in the NHSN Long- Term Care Facility (LTCF) COVID-19 Module. 7. Provide requested information on COVID-19 associated deaths to DSHS within three business days. System Agency Contract No.HHS000812700042 Page 7 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 C. Enhance laboratory testing and reporting capacity: 1. Establish or expand capacity to test all symptomatic individuals, and secondarily expand capacity to achieve community-based surveillance. This capacity would entail increasing testing capabilities above the current number of specimens that can be tested at the jurisdiction's public health laboratory or by establishing new testing capabilities at the jurisdiction's laboratory. 2. Screen for past infection (e.g., serology) for health care workers, employees of high-risk facilities, critical infrastructure workforce, and childcare providers. 3. Obtain all jurisdictional laboratory test data electronically, including from new, non-traditional testing settings, and using alternative file formats (e.g., .csv or .xls)to help automate.In addition to other reportable results,this should include all COVID-19-related testing data, including all tests to detect severe acute respiratory syndrome coronavirus 2 (SAR-CoV-2) and serology testing. 4. Report all COVID-19-related line level testing data (negatives, positives, indeterminates, serology) daily to DSHS. Data must meet new federal Coronavirus Aid, Relief, and Economic Security (CARES) Act laboratory guidance. All public health data must be reported electronically to DSHS in compliance with the Texas Administrative Code and within appropriate reporting timeframes. D. Prevent and control COVID-19 in healthcare settings and protect other vulnerable or high-risk populations: 1. Assess and monitor COVID-19 infections in healthcare workers across the healthcare spectrum. 2. Perform infection control assessments using preparedness tools approved by DSHS to ensure interventions are in place to protect high-risk populations. 3. Monitor and help implement mitigation strategies for COVID-19 in all high- risk healthcare facilities (e.g., hospitals, dialysis clinics, cancer clinics, nursing homes, and other long-term care facilities). 4. Monitor and help implement mitigation strategies for other high-risk employment settings (e.g., meat processing facilities) and congregate living settings (e.g.,prisons, youth homes, shelters). a. This includes coordinating with the Texas Department of Criminal Justice when individuals are released from serving their prison term and will be returning to the jurisdiction. These individuals may have been exposed to COVID-19 while in prison and/or may be COVID-19-positive and require additional public health follow-up. E. Monitor and mitigate COVID-19 introductions from connected jurisdictions (i.e., neighboring cities and states, including air travel). F. Work with healthcare system to manage and monitor system capacity. System Agency Contract No.HHS000812700042 Page 8 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 1. Assess and monitor the number and availability of critical care staff, necessary PPE and potentially life-saving medical equipment, as well as access to testing services. 2. Leverage NHSN data to monitor healthcare worker staffing, Patient Impact, Hospital Capacity, and healthcare supplies (PPE, PAPRs, ventilators, etc.). Grantee will request access to the NHSN database within 30 days of the execution of this Contract or within 30 days of hire for the position completing the data entry.Upon access approval, Grantee will review available NHSN data (at least monthly)to assess gaps in the healthcare system. G. Improve understanding of jurisdictional communities with respect to COVID-19 risk. Grantee must build an understanding of population density and high-risk population density (i.e., population of >65 yrs., proportion of population with underlying conditions,households with limited English fluency,healthcare-seeking behavior,populations without insurance and those below poverty level). H. Submit a quarterly report on the report template to be provided by DSHS. Quarterly reports are due on or before the 15th of the month following the end of the quarter being reported on. Each report must contain a summary of activities that occurred during the preceding quarter for each activity listed above in Section 1, A through G. Submit quarterly reports by electronic mail to COVID.Contractsgdshs.texas.gov. The email "Subject Line" and the name of the attached file for all reports should be clearly identified with the Grantee's Name, Contract Number, IDCU/COVID and the quarter the report covers. I. May use funds to pay pre-award costs which date back to January 20, 2020, that are directly related to the COVID-19 outbreak response. All pre-award costs must be approved in writing by DSHS. J. Not use funds for research, clinical care, fundraising activities, construction or major renovations, to supplant existing state or federal funds for activities, or funding an award to another party or provider who is ineligible. Other than normal and recognized executive-legislative relationships, no funds may be used for: 1. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body; 2. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative act or Executive order proposed or pending before any legislative body. K. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: System Agency Contract No.HHS000812700042 Page 9 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems,medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. L. Grantee shall maintain an inventory of Equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on the DSHS Contractor's Property Inventory Report located at haps://www.dshs.texas.gov/hivstd/contractor/crosfonns.shtm to CMSInvoicesgdshs.texas.gov and COVID.Contractsgdshs.texas.gov not later than October 15 of each year. If Grantee did not purchase Equipment or other property, this report is still required to be submitted. M. DSHS funds must not be used to purchase buildings or real property without prior written approval from DSHS. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. N. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to DSHS. Title may be transferred to any other party designated by DSHS. DSHS may, at its option and to the extent allowed by law,transfer the reversionary interest to such property to Grantee. IL PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in Attachments A and A-1 and compliance with the Contract's terms and conditions. IILINVOICE AND PAYMENT A. Grantee will request payments using the State of Texas Purchase Voucher (Form B-13) located at https://www.dshs.texas.gov/hivstd/contractor/crosforms.shtm. Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to all addresses/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 FAX: (512) 458-7442 EMAIL: invoicesgdshs.state.tx.us and EMAIL: CMSInvoices2dshs.texas.gov and EMAIL: COVID.Contractsgdshs.texas.gov System Agency Contract No.HHS000812700042 Page 10 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 B. Grantee will be paid on a cost reimbursement basis and in accordance with the Budget in Attachment B of this Contract. C. Grantee will submit requests for reimbursement (Form B-13) and financial expenditure template monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to DSHS upon request. In the event a cost reimbursed under the Contract is later determined to be unallowable, then the Grantee will reimburse DSHS for that cost. D. Grantee will submit quarterly Financial Status Reports(FSRs)to DSHS by the last business day of the month following the end of each quarter of the Contract for DSHS review and financial assessment. E. Grantee will submit request for reimbursement(B-13) as a final close-out invoice not later than forty-five (45) calendar days following the end of the term of the Contract. Reimbursement requests received in the DSHS office more than forty- five(45) calendar days following the termination of the Contract may not be paid. F. Grantee will submit a final FSR as a final close-out FSR not later than forty-five (45) calendar days following the end of the term of the Contract. System Agency Contract No.HHS000812700042 Page 11 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ATTACHMENT A-1 SUPPLEMENTAL STATEMENT OF WORK IV.GRANTEE RESPONSIBILITIES Grantee will perform activities as submitted in their DSHS approved budgets for this specific funding Contract period. All activities must be listed below to be approved for this funding and any additional activities not listed in the approved budget must be submitted for DSHS consideration and approval. The activities for this Contract funding period are as follows: A. Enhance Laboratory, Surveillance,Informatics and other Workforce Capacity,including: 1. Train and hire staff to improve laboratory workforce ability to address issues around laboratory safety, quality management, inventory management, specimen management, diagnostic and surveillance testing and reporting results. 2. Build expertise for healthcare and community outbreak response and infection prevention and control (IPC) among local health departments. 3. Train and hire staff to improve the capacities of the epidemiology and informatics workforce to effectively conduct surveillance and response of COVID-19 (including case investigation and public health follow-up activities) and other emerging infections and conditions of public health significance. This should include staff who can address unique cultural needs of those at higher risk for COVID-19. Grantee may not incur COVID-19 contact tracing or contact tracing call center expenditures after 08/31/2021. 4. Build expertise to support management of the COVID-19-related activities within the jurisdiction and integrate into the broader Epidemiology and Laboratory Capacity (ELC) portfolio of activities (e.g., additional leadership, program and project managers, budget staff, etc.). 5. Increase capacity for timely data management, analysis, and reporting for COVID-19 and other emerging coronavirus and other infections and conditions of public health significance. B. Strengthen Laboratory Testing 1. Establish or expand capacity to quickly, accurately and safely test for SARS- CoV-2/COVID-19 and build infectious disease preparedness for future coronavirus and other events involving other pathogens with potential for broad community spread. System Agency Contract No.HHS000812700042 Page 12 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 a. Develop systems to improve speed and efficiency of specimen submission to clinical and reference laboratories. b. Strengthen ability to rapidly respond to testing (e.g., nucleic acid amplification test[HAAT], antigen, etc.)as necessary to ensure that optimal utilization of existing and new testing platforms can be supported to help meet increases in testing demand in a timely manner. Laboratory Response Networks (LRNs) and Local Health Departments (LHDs)with laboratories are strongly encouraged to diversify their testing platforms to enable them to pivot depending on reagent and supply availabilities. c. Perform serology testing with an FDA Emergency Use Authorization (EUA) authorized serological assay as appropriate to respond to emerging pandemics in order to conduct surveillance for past infection and monitor community exposure. d. Build local capacity for testing of COVID-19/SARS-CoV-2 including within high-risk settings or in vulnerable populations that reside in their communities. e. Apply laboratory safety methods to ensure worker safety when managing and testing samples that may contain SARS-CoV-2/COVID-19. f. Laboratories and LRNs are encouraged to implement new technologies to meet local needs. g. Augment or add specificity to existing laboratory response plans for future coronavirus and other outbreak responses caused by an infectious disease. Provider must be able to establish a plan to maintain the activity when the funds are no longer available. This is an optional activity. 2. Enhance laboratory testing capacity for SARS-CoV-2/COVID-19 by ensuring public/private laboratory testing providers have access to biosafety resources for SARS-CoV-2 specimen collection and/or testing. C. Advance Electronic Data Exchange at Public Health Labs 1. Enhance and expand laboratory information infrastructure, to improve jurisdictional visibility on laboratory data(tests performed)from all testing sites and enable faster and more complete data exchange and reporting with DSHS. a. Employ a well-functioning Laboratory Information Management System (LIMS)to support efficient data flows within the PHL and its partners. This includes expanding existing capacity of the current LIMS to improve data exchange and increase data flows through LIMS maintenance, new configurations/modules, and enhancements. Implement new/replacement LIMS where needed. Note: If implementing new or replacement systems, develop an implementation plan, including appropriate milestones and timeline to completion. Implementation plans will be reviewed and approved for consistency with the activities set forth by DSHS prior to start of System Agency Contract No.HHS000812700042 Page 13 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 implementation. Completion of the implementation plan is DSHS verifying that the submitted electronic laboratory reporting (ELR) feeds have been successfully processed in National Electronic Disease Surveillance System (NEDSS). b. Ensure ability to administer LIMS. Ensure the ability to configure all tests that are in LIMS, including new tests, EUAs, etc., in a timely manner. Ensure expanding needs for administration and management of LIMS are covered through dedicated staff. c. Interface diagnostic equipment to directly report laboratory results into LIMS. D. Improve Surveillance and Reporting of Electronic Health Data 1. Establish complete,up-to-date, timely reporting of morbidity and mortality to DSHS due to COVID-19 and other coronavirus and other emerging infections which impact conditions of public health significance, with required associated data fields in a machine-readable format, by: a. Establishing or enhancing community-based surveillance, including surveillance of vulnerable populations, individuals without severe illness,those with recent travel to high-risk locations, or who are contacts to known cases. b. Monitoring changes to daily incidence rates of COVID-19 and other conditions of public health significance at the county or Zip code level to inform community mitigation strategies. 2. Establish additional and ongoing surveillance methods (e.g., sentinel surveillance) for COVID-19 and other conditions of public health significance. 3. At the health department, enhance capacity to work with testing facilities to onboard and improve ELR, including to receive data from new or non- traditional testing settings. Use alternative data flows (e.g., reporting portals) and file formats (e.g., CSV or XLS) to help automate where appropriate. In addition to other reportable results, this should include all COVID-19/SARS-CoV-2-related testing data (i.e., tests to detect SARS- CoV-2 including serology testing). 4. Improve understanding of capacity, resources, and patient impact at healthcare facilities through electronic reporting. a. Require expansion of reporting facility capacity, resources, and patient impact information, such as patients admitted and hospitalized, in an electronic, machine-readable, as well as human-readable, visual and tabular manner, to achieve 100% coverage in jurisdiction and include daily data from all acute care, long-term care, and ambulatory care System Agency Contract No.HHS000812700042 Page 14 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 settings. Use these data to monitor facilities with confirmed cases of COVID-19/SARS-CoV-2 infection or with COVID-like illness among staff or residents and facilities at high risk of acquiring COVID- 19/SARS-CoV-2 cases and COVID-like illness among staff or residents. b. Increase Admit, Discharge, Transfer (ADT) messaging and use to achieve comprehensive surveillance of emergency room visits, hospital admissions, facility and department transfers, and discharges to provide an early warning signal, to monitor the impact on hospitals, and to understand the growth of serious cases requiring admission. 5. Establish or improve systems to ensure complete, accurate and immediate (within 24 hours) data transmission that allows for automated transmission of data to DSHS in a machine-readable format. Note: Use of an existing DSHS system is preferred. If implementing new or replacement systems,develop an implementation plan,including the process for automatic transmission of data to DSHS in a machine- readable format, appropriate milestones and timeline to completion. Implementation plans will be reviewed and approved for consistency with the activities set forth by DSHS prior to start of implementation. a. Submit all case reports in an immediate way to DSHS for COVID- 19/SARS-CoV-2 and other conditions of public health significance with associated required data fields in a machine-readable format. b. Report requested COVID-19/SARS-CoV-2-related data, including line level testing data (negatives, positives, indeterminates, serology, antigen, nucleic acid) daily by county or Zip code to DSHS. c. Establish these systems in such a manner that they may be used on an ongoing basis for surveillance of,and reporting on,routine and other threats to the public health and conditions of public health significance. E. Use Laboratory Data to Enhance Investigation,Response and Prevention 1. Use laboratory data to initiate and conduct case investigation and public health follow-up activities and implement containment measures. a. Conduct necessary case investigation and public health follow-up activities including contact elicitation/identification, contact notification, contact testing, and follow-up. Activities could include traditional case investigation and public health follow-up activities and/or proximity/location-based methods, as well as methods adapted for healthcare facilities, employers, elementary and secondary schools, childcare facilities,institutions of higher education or in other settings. Data must be entered into the DSHS data system in accordance with DSHS published guidance. Grantee may not incur COVID-19 contact tracing call center expenditures beyond 8/31/2021. System Agency Contract No.HHS000812700042 Page 15 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 b. Utilize tools (e.g., geographic information systems and methods)that assist in the rapid mapping and tracking of disease cases for timely and effective epidemic monitoring and response, incorporating laboratory testing results and other data sources. c. Assist in identifying facilities that are not submitting data through ELR. Provide these facilities with information on the ELR onboarding process and the appropriate contact information of DSHS team who can onboard the facility to have their data be reported electronically and no longer sent by fax. Also provide the names of these facilities to the DSHS team. 2. Identify cases and exposure to COVID-19 in high-risk settings or within populations at increased risk of severe illness or death to target mitigation strategies and referral for therapies (for example, monoclonal antibodies) to prevent hospitalization. a. Assess and monitor infections in healthcare workers across the healthcare spectrum. b. Monitor cases and exposure to COVID-19 to identify need for targeted mitigation strategies to isolate and prevent further spread within high-risk healthcare facilities (e.g., hospitals, dialysis clinics, cancer clinics, nursing homes, other long-term care facilities, etc.). c. Monitor cases and exposure to COVID-19 to identify need for targeted mitigation strategies to isolate and prevent further spread within high-risk occupational settings(e.g.,meat processing facilities)and congregate living settings (e.g., correctional facilities, youth homes, shelters). d. Work with DSHS to build capacity for reporting, rapid containment and prevention of COVID-19/SARS-CoV-2 within high-risk settings or in vulnerable populations that reside in their communities. e. Jurisdictions should ensure systems are in place to link test results to relevant public health strategies, including prevention and treatment. Note: Utilization of an existing DSHS system is preferred. If implementing new or replacement systems, develop an implementation plan, including the process for automatic transmission of data to DSHS in a machine-readable format, appropriate milestones and timeline to completion. Implementation plans will be reviewed and approved for consistency with the activities set forth by DSHS prior to start of implementation. 3. Implement prevention strategies in high-risk settings or within vulnerable populations (including tribal nations as appropriate), including proactive monitoring for asymptomatic case detection. Note: These additional resources are intended to be directed toward testing, case investigation and public health follow-up activities, surveillance, containment, and mitigation, including support for workforce, epidemiology, use by employers, elementary and secondary schools, System Agency Contract No.HHS000812700042 Page 16 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 childcare facilities, institutions of higher education, long-term care facilities, or in other settings, scale-up of testing by public health, academic, commercial, and hospital laboratories, and community-based testing sites, mobile testing units, healthcare facilities, and other entities engaged in COVID-19 testing, and other related activities related to COVID-19 testing, case investigation and public health follow-up activities, surveillance, containment, and mitigation which may include interstate compacts or other mutual aid agreements for such purposes. a. Build capacity for infection prevention and control in long-term care facilities (LTCFs) (e.g., at least one Infection Preventionist [IP] for every facility) and outpatient settings. i. Build capacity for LTCFs to safely care for infected and exposed residents of LTCFs and other congregate settings. ii. Assist with enrollment of all LTCFs into CDC's National Healthcare Safety Network NHSN at haps://www.cdc.gov/nhsn/ltc/enroll.html. b. Build capacity for infection prevention and control in elementary and secondary schools, childcare facilities, and/or institutions of higher education. c. Increase Infection Prevention and Control(IPC)assessment capacity on site using tele-ICAR. d. Perform preparedness assessment to ensure interventions are in place to protect high-risk populations. e. Coordinate as appropriate with federally funded entities responsible for providing health services to higher-risk populations (e.g., tribal nations and federally qualified health centers). F. Submit a quarterly report on the report template to be provided by DSHS. Quarterly reports are due on or before the 15th of the month following the end of the quarter. Each report must contain a summary of activities that occurred during the preceding quarter for each activity listed above in Section I, Subsections A through E. Submit quarterly reports by electronic mail to COVID.Contracts2dshs.texas.gov. The email "Subject Line" and the name of the attached file for all reports should be clearly identified with the Grantee's Name, Contract Number, IDCU/COVID and the quarter the report covers. G. Not use funds for research, clinical care, fundraising activities, construction or major renovations, to supplant existing state or federal funds for activities, or funding an award to another party or provider who is ineligible. Other than normal and recognized executive-legislative relationships, no funds may be used for: 3. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body; System Agency Contract No.HHS000812700042 Page 17 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 4. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative act or Executive order proposed or pending before any legislative body. K. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems,medical and laboratory equipment, and media equipment. Controlled Assets are considered Supplies. L. Grantee shall maintain an inventory of Equipment, supplies defined as Controlled Assets, and real property and submit an annual cumulative report of the equipment and other property on the DSHS Contractor's Property Inventory Report located at hlt 2s://www.dshs.texas.gov/hivstd/contractor/cmsforms.shtm to CMSInvoicesgdshs.texas.gov and COVID.Contractsgdshs.texas.gov not later than October 15 of each year. If Grantee did not purchase Equipment or other property, this report is still required to be submitted. M. DSHS funds must not be used to purchase buildings or real property without prior written approval from DSHS. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. N. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract reverts to DSHS. Title may be transferred to any other party designated by DSHS. DSHS may, at its option and to the extent allowed by law,transfer the reversionary interest to such property to Grantee. System Agency Contract No.HHS000812700042 Page 18 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ATTACHMENT B BUDGET Categorical Budget Epi LRN Expansion Fundij Expansion Funding Sept 1,2022 Sept 1,2022 Contract Budget Period to to Total Aug 31,2024 Aug 31,2024 PERSONNEL = $584,568. $0.00 $584,568.00 FRINGE BENEFITS $243,648.00 $0.00 $243,648.00 TRAVEL wMM $12,131.00 $0.00 $12,131.00 EQUIPMENT $0.00 $0.00 $0.00 SUPPLIES $15,000.00 - $96,302.00 $111,302.00 CONTRACTUAL $0.00 $0.00 $0.00 OTHER $0.0 $0.00 $0.00 TOTAL.DIRECT $855,347.00 $96,302.00 $951,649.00 CHARGES INDIRECT CHARGES $0.00 $0.00 $0.00 TOTAL $855,347.00 $96,302.00 $951,649.00 System Agency Contract No.HHS000812700042 Page 19 of 19 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.0 Published and Effective — August 2021 Responsible Office: Chief Counsel DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission (HHSC) and the Department of State Health Services(DSHS).These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules (including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.0 Effective August 2021 Page 2 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS........................... 6 1.1 DEFINITIONS ......................................................................................................... 6 1.2 INTERPRETIVE PROVISIONS.................................................................................. 7 ARTICLE II. PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT................................................................................................ 8 2.2 TAXES.................................................................................................................... 8 2.3 ANCILLARY AND TRAVEL EXPENSES ................................................................... 9 2.4 BILLING................................................................................................................. 9 2.5 USE OF FUNDS....................................................................................................... 9 2.6 USE FOR MATCH PROHIBITED.............................................................................. 9 2.7 PROGRAM INCOME ............................................................................................... 9 2.8 NONSUPPLANTING................................................................................................. 9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES .............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS ......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS ................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.0 Effective August 2021 Page 3 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 14 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY .......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 18 9.1 REMEDIES............................................................................................................ 18 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLE X. INDEMNITY.............................................................................................. 21 10.1 GENERAL INDEMNITY......................................................................................... 21 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 21 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.0 Effective August 2021 Page 4 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 22 11.5 INSURANCE AND BONDS...................................................................................... 23 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 24 11.8 SUBCONTRACTORS.............................................................................................. 24 11.9 PERMITTING AND LICENSURE ............................................................................ 24 11.10 INDEPENDENT CONTRACTOR............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 25 11.12 SEVERABILITY..................................................................................................... 25 11.13 SURVIVABILITY................................................................................................... 25 11.14 FORCE MAJEURE ................................................................................................ 25 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 25 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 25 11.17 MEDIA RELEASES ............................................................................................... 26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 26 11.19 SOVEREIGN IMMUNITY....................................................................................... 26 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 27 11.21 COUNTERPARTS.................................................................................................. 27 11.22 PROPER AUTHORITY........................................................................................... 27 11.23 E-VERIFY PROGRAM .......................................................................................... 27 11.24 CIVIL RIGHTS...................................................................................................... 27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 28 11.26 DISCLOSURE OF LITIGATION.............................................................................. 28 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 29 11.28 BINDING EFFECT................................................................................................. 29 HHS Uniform Terms and Conditions-Grant v 3.0 Effective August 2021 Page 5 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment'' means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract" or"Grant Agreement''means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Property. Rights" means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment, by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "Pte" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 6 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement'' or"Request for Applications (RFA)" means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year, which is the annual accounting period for the State of Texas. "State of Texas TextraveT' means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Grantee must perform to complete the Project, as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof," "herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 7 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and (ii) references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 8 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 9 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change, revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including, but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s) is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. B. "Overpayments" as used in this Section include payments (i) made by the System HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 10 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Agency that exceed the maximum allowable rates;(ii)that are not allowed under applicable laws, rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 11 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at hLtps://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_repoy2hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit repog2hhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement;and all deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense,to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 12 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws,rules, and regulations, as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire" under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights, and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 13 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 sublicense, to reproduce, distribute, modify, create derivative works of,publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee, Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable, perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or HHS Uniform Terms and Conditions-Grant v.3.0 Effective August 2021 Page 14 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate, transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 15 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten(10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. R When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D Controlled Assets include firearms, regardless of the acquisition cost, and the following HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 16 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7) years after the Grant Agreement expiration date or seven (7) years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 17 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities, practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 18 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies, sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 19 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsible to the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 20 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OF OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 21 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS, INCLUDING, BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. C. Grantee shall use the Texas Abuse Hotline Website located at haps://www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; HHS Uniform Terms and Conditions-Grant v.3.0 Effective August 2021 Page 22 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ii. Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract,Grantee must produce renewal certificates for each type of coverage. In addition,if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority, power, or use is granted or implied. Grantee may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 23 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above, System Agency reserves the right, in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums,permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 24 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 11.11 GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 25 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners,pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. HHS Uniform Terms and Conditions-Grant v.3.0 Effective August 2021 Page 26 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extentpossible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take HHS Uniform Terms and Conditions-Grant v.3.0 Effective August 2021 Page 27 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: haps://hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-office/c ivi l-ri ghts-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited, to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 28 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 29 of 29 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 TEXAS Health and Human Services Health and Human Services (HHS) Additional Provisions Version 1.0 Effective: November 7, 2019 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Table of Contents na 1. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS.................... 1 2. DISASTER SERVICES ....................................................................................................... 1 3.na NOTICE OF CONTRACT ACTION................................................................................. 1 4. NOTICE OF BANKRUPTCY............................................................................................. 2 na 5. CONTRACTOR NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL................................................................................................................................ 2 7. THIRD PARTY PAYORS................................................................................................... 2 8. HIV/AIDS MODEL WORKPLACE GUIDELINES ........................................................ 3 9. MEDICAL RECORDS RETENTION................................................................................ 3 DocuSigned by: 1 F�IMT9EFRIM °�IOF A LICENSE ACTION........................May.1G..2i�.2z.......................................... 3 1 EXTENSION AMENDMENT.......................................................................... 3 12na CONTRACTOR'S CERTIFICATION OF MEETING OR EXCEEDING TABACCO- FREE WORKPLACE POLICY MINIMUM STANDARDS................................................... 4 na na na na na na na na na na na na DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Contract. Capitalized items used in these Additional Provisons and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions. 1. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee shall immediately report in writing to its assigned HHSC contract manager when Grantee learns of or has any reason to believe it or any person with ownership or controlling interest in Grantee, or their agent, employee, subcontractor or volunteer who is providing services under this Contract has: i. Engaged in any activity that could constitute a criminal offense equal to or greater than a Class A misdemeanor or grounds for disciplinary action by a state or federal regulatory authority; or ii. Been placed on community supervision, received deferred adjudication, or been indicted for or convicted of a criminal offense relating to involvement in any financial matter, federal or state program or felony sex crime. B. Grantee shall not permit any person who engaged, or was alleged to have engaged, in any activity subj ect to reporting under this section to perform direct client services or have direct contact with clients,unless otherwise directed in writing by the System Agency. 2. DISASTER SERVICES In the event of a local, state, or federal emergency, including natural, man-made, criminal, terrorist, and/or bioterrorism events, declared as a state disaster by the Governor, or a federal disaster declared by the appropriate federal official, Grantee may be called upon to assist the System Agency in providing the following services: i. Community evacuation; ii. Health and medical assistance; iii. Assessment of health and medical needs; iv. Health surveillance; v. Medical care personnel; vi. Health and medical equipment and supplies; vii. Patient evacuation; viii. In-hospital care and hospital facility status; ix. Food, drug and medical device safety; x. Worker health and safety; xi. Mental health and substance abuse; xii. Public health information; xiii. Vector control and veterinary services; and xiv. Victim identification and mortuary services. 3. NOTICE OF CONTRACT ACTION Grantee shall notify their assigned contract manager if Grantee has had any contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five days of becoming aware of the action and include the following: Health and Human Services Additional Provisions V.1.0—November 7,2019 Page 1 of 4 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 A. Reason for such action; B. Name and contact information of the local, state or federal department or agency or entity; C. Date of the contract; D. Date of suspension or termination; and E. Contract or case reference number. 4. NOTICE OF BANKRUPTCY Grantee shall notify in writing its assigned contract manager of its plan to seek bankruptcy protection within five days of such action by Grantee. 5. CONTRACTOR NOTIFICATION OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing their contract manager assigned within ten days of any change to the Grantee's Contact Person or Key Personnel. 6. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee shall take reasonable steps to provide services and information both orally and in writing, in appropriate languages other than English, to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits and activities. B. Grantee shall identify and document on the client records the primary language/dialect of a client who has limited English proficiency and the need for translation or interpretation services and shall not require a client to provide or pay for the services of a translator or interpreter. C. Grantee shall make every effort to avoid use of any persons under the age of 18 or any family member or friend of the client as an interpreter for essential communications with a client with limited English proficiency, unless the client has requested that person and using the person would not compromise the effectiveness of services or violate the client's confidentiality and the client is advised that a free interpreter is available. 7. THIRD PARTY PAYORS Except as provided in this Contract, Grantee shall screen all clients and may not bill the System Agency for services eligible for reimbursement from third party payors,who are any person or entity who has the legal responsibility for paying for all or part of the services provided, including commercial health or liability insurance carriers, Medicaid, or other federal, state, local and private funding sources. As applicable, the Grantee shall: A. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Contract that may be covered by those programs and bill those programs for the covered services; B. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; C. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third-party payor, to receive services up to the amount of the deductible and to bill the System Agency for the deductible; D. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; Health and Human Services Additional Provisions V.1.0—November 7,2019 Page 2 of 4 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 E. Maintain appropriate documentation from the third-party payor reflecting attempts to obtain reimbursement; F. Bill all third-party payors for services provided under this Contract before submitting any request for reimbursement to System Agency; and G. Provide third party billing functions at no cost to the client. 8. HIV/AIDS MODEL WORKPLACE GUIDELINES Grantee shall implement System Agency's policies based on the Human Immunodeficiency Virus/Acquired Immunodeficiency Syndrome (HIV/AIDS), AIDS Model Workplace Guidelines for Businesses at http://www.dshs.state.tx.us/hivstd/policy/policies.shtm, State Agencies and State Grantees Policy No. 090.021. Grantee shall also educate employees and clients concerning HIV and its related conditions, including AIDS, in accordance with the Texas. Health & Safety Code §§ 85.112-114. 9. MEDICAL RECORDS RETENTION Grantee shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. 10. NOTICE OF A LICENSE ACTION Grantee shall notify their contract manager of any action impacting its license to provide services under this Contract within five days of becoming aware of the action and include the following: A. Reason for such action; B. Name and contact information of the local, state or federal department or agency or entity; C. Date of the license action; and D. License or case reference number. 11. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Contract, the Parties agree that this Contract can be extended as provided under this Section. B. The System Agency shall provide written notice of interim extension amendment to the Grantee under one of the following circumstances: i. Continue provision of services in response to a disaster declared by the governor; or ii. To ensure that services are provided to clients without interruption. C. The System Agency will provide written notice of the interim extension amendment that specifies the reason for it and period of time for the extension. D. Grantee will provide and invoice for services in the same manner that is stated in the Contract. E. An interim extension under Section (b)(1) above shall extend the term of the contract not longer than 30 days after governor's disaster declaration is declared unless the Parties agree to a shorter period of time. F. An interim extension under Section(b)(2) above shall be a one-time extension for a period of time determined by the System Agency. Health and Human Services Additional Provisions V.1.0—November 7,2019 Page 3 of 4 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 12. CONTRACTOR'S CERTIFICATION OF MEETING OR EXCEEDING TABACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: A. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; B. Designating the property to which this Policy applies as a "designated area," which must at least comprise all buildings and structures where activities funded under this Contract are taking place, as well as Grantee owned, leased, or controlled sidewalks, parking lots, walkways, and attached parking structures immediately adjacent to this designated area; C. Applying to all employees and visitors in this designated area; and D. Providing for or referring its employees to tobacco use cessation services. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Additional Provisions V.1.0-November 7,2019 Page 4 of 4 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 View Burden Statement OMB Number:4040-0007 Expiration Date: 02/28/2025 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden,to the Office of Management and Budget, Paperwork Reduction Project(0348-0040),Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency,the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, 0)the requirements of any other nondiscrimination statute(s)which may apply to the time frame after receipt of approval of the awarding application. agency. 7. Will comply, or has already complied,with the 5. Will comply with the Intergovernmental Personnel Act of requirements of Titles II and III of the Uniform 1970 (42 U.S.C. §§4728-4763) relating to prescribed Relocation Assistance and Real Property Acquisition standards for merit systems for programs funded under Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 424B(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-102 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Actof insurable construction and acquisition is $10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g)protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2)Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants, loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S.Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. *APPLICANT'S ORGANIZATION *PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: *First Name: Middle Name: *Last Name: Suffix: *Title: SIGNATURE: DATE: DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 ©Ji'.TEXAS Department of State Texas De 1C`e: HealthanclHuman p Services Health Services Fiscal Federal Funding Accountability and Transparency Act (FFATA) The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify and why. Legal Name of Contractor: FFATA Contact: (Name, Email and Phone Number): Primary Address of Contractor: Zip Code: 9-digits required www.usos.com Unique Entity ID (UEI):This number replaces the DUNS State of Texas Comptroller Vendor Identification Number www.sam.nov (VIN) - 14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete, and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? Yes No If your answer is "Yes", skip questions "A", "B", and "C" and finish the certification. If your answer is "No answer questions "A" and "B". A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? Yes ❑ No ❑ B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? Yes ❑ No ❑ If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? Yes ❑ No ❑ If your answer is "Yes" to this question, where can this information be accessed? If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: 2 Department of State Health Services Form 4734—April 2022 Contract Management Section DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 HHS DATA USE AGREEMENT This Data Use Agreement("DUA"), effective as of the date the Base Contract into which it is incorporated is signed ("Effective Date"), is entered into by and between a Texas Health and Human Services Enterprise agency ("HHS"), and the Contractor identified in the Base Contract, a political subdivision of the State of Texas ("CONTRACTOR"). ARTICLE 1. PURPOSE;APPLICABILITY;ORDER OF PRECEDENCE The purpose of this DUA is to facilitate creation, receipt, maintenance, use, disclosure or access to Confidential Information with CONTRACTOR, and describe CONTRACTOR's rights and obligations with respect to the Confidential Information.45 CFR 164.504(e)(1)-(3). This DUA also describes HHS's remedies in the event of CONTRACTOR's noncompliance with its obligations under this DUA. This DUA applies to both Business Associates and contractors who are not Business Associates who create, receive, maintain, use, disclose or have access to Confidential Information on behalf of HHS, its programs or clients as described in the Base Contract. As of the Effective Date of this DUA, if any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA,this DUA controls. ARTICLE 2. DEFINITIONS For the purposes of this DUA, capitalized, underlined terms have the meanings set forth in the following: Health Insurance Portability and Accountability Act of 1996,Public Law 104-191 (42 U.S.C. §1320d, et seq.) and regulations thereunder in 45 CFR Parts 160 and 164, including all amendments,regulations and guidance issued thereafter; The Social Security Act, including Section 1137 (42 U.S.C. §§ 1320b-7), Title XVI of the Act; The Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a and regulations and guidance thereunder; Internal Revenue Code, Title 26 of the United States Code and regulations and publications adopted under that code, including IRS Publication 1075; OMB Memorandum 07-18; Texas Business and Commerce Code Ch. 521; Texas Government Code, Ch. 552, and Texas Government Code §2054.1125. In addition,the following terms in this DUA are defined as follows: "Authorized Purpose" means the specific purpose or purposes described in the Statement of Work of the Base Contract for CONTRACTOR to fulfill its obligations under the Base Contract, or any other purpose expressly authorized by HHS in writing in advance. "Authorized User"means a Person: (1) Who is authorized to create, receive, maintain, have access to, process, view, handle, examine, interpret, or analyze Confidential Information pursuant to this DUA; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 1 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (2) For whom CONTRACTOR warrants and represents has a demonstrable need to create, receive, maintain, use, disclose or have access to the Confidential Information; and (3) Who has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information as required by this DUA. "Confidential Information" means any communication or record (whether oral, written, electronically stored or transmitted, or in any other form) provided to or made available to CONTRACTOR, or that CONTRACTOR may,for an Authorized Purpose,create,receive,maintain, use, disclose or have access to, that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation, Electronic Protected Health Information or Unsecured Protected Health Information (herein"PHP'); (3) Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; (4) Federal Tax Information; (5) Individually Identifiable Health Information as related to HIPAA, Texas HIPAA and Personal Identifying Information under the Texas Identity Theft Enforcement and Protection Act; (6) Social Security Administration Data, including, without limitation, Medicaid information; (7) All privileged work product; (8) All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health & Safety Code and the Texas Public Information Act, Texas Government Code, Chapter 552. "Legally Authorized Representative"of the Individual, as defined by Texas law,including as provided in 45 CFR 435.923 (Medicaid); 45 CFR 164.502(g)(1) (HIPAA); Tex. Occ. Code § 151.002(6); Tex. H. & S. Code §166.164; and Estates Code Ch. 752. ARTICLE 3. CONTRACTOR'S DUTIES REGARDING CONFIDENTIAL INFORMATION 3,01 Obligations of CONTRACTOR CONTRACTOR agrees that: (A) CONTRACTOR will exercise reasonable care and no less than the same degree of care CONTRACTOR uses to protect its own confidential, proprietary and trade secret information to prevent any portion of the Confidential Information from being used in HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 2 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 a manner that is not expressly an Authorized Purpose under this DUA or as Required by Law. 45 CFR 164.502(b)(1); 45 CFR 164.514(d) (B) Except as Required by Law,CONTRACTOR will not disclose or allow access to any portion of the Confidential Information to any Person or other entity, other than Authorized User's Workforce or Subcontractors (as defined in 45 CER 160.103) of CONTRACTOR who have completed training in confidentiality, privacy, security and the importance of promptly reporting any Event or Breach to CONTRACTOR's management, to carry out CONTRACTOR's obligations in connection with the Authorized Purpose. HHS, at its election, may assist CONTRACTOR in training and education on specific or unique HHS processes, systems and/or requirements. CONTRACTOR will produce evidence of completed training to HHS upon request. 45 C.F.R. 164.308(a)(5)(i); Texas Health & Safety Code§181.101 All of CONTRACTOR's Authorized Users, Workforce and Subcontractors with access to a state computer system or database will complete a cybersecurity training program certified under Texas Government Code Section 2054.519 by the Texas Department of Information Resources or offered under Texas Government Code Sec. 2054.519(f). (C) CONTRACTOR will establish, implement and maintain appropriate sanctions against any member of its Workforce or Subcontractor who fails to comply with this DUA, the Base Contract or applicable law. CONTRACTOR will maintain evidence of sanctions and produce it to HHS upon request.45 C.ER. 164.308(a)(1)(h)(C); 164.530(e); 164.410(b); 164.530(b)(1) (D) CONTRACTOR will not, except as otherwise permitted by this DUA, disclose or provide access to any Confidential Information on the basis that such act is Required by Law without notifying either HHS or CONTRACTOR's own legal counsel to determine whether CONTRACTOR should object to the disclosure or access and seek appropriate relief. CONTRACTOR will maintain an accounting of all such requests for disclosure and responses and provide such accounting to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2)(h)(A) (E) CONTRACTOR will not attempt to re-identify or further identify Confidential Information or De-identified Information, or attempt to contact any Individuals whose records are contained in the Confidential Information, except for an Authorized Purpose, without express written authorization from HHS or as expressly permitted by the Base Contract. 45 CFR 164.502(d)(2)(i) and (ii) CONTRACTOR will not engage in prohibited marketing or sale of Confidential Information. 45 CFR 164.501, 164.508(a)(3) and(4); Texas Health &Safety Code Ch. 181.002 (F) CONTRACTOR will not permit, or enter into any agreement with a Subcontractor to, create, receive, maintain, use, disclose, have access to or transmit Confidential Information to carry out CONTRACTOR's obligations in connection with the Authorized Purpose on behalf of CONTRACTOR, unless Subcontractor agrees to comply HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 3of15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). (G) CONTRACTOR is directly responsible for compliance with,and enforcement of, all conditions for creation, maintenance, use, disclosure, transmission and Destruction of Confidential Information and the acts or omissions of Subcontractors as may be reasonably necessary to prevent unauthorized use. 45 CFR 164.504(e)(5); 42 CFR 431.300, et seq. (H) If CONTRACTOR maintains PHI in a Designated Record Set which is Confidential Information and subject to this Agreement, CONTRACTOR will make PHI available to HHS in a Designated Record Set upon request. CONTRACTOR will provide PHI to an Individual, or Legally Authorized Representative of the Individual who is requesting PHI in compliance with the requirements of the HIPAA Privacy Regulations. CONTRACTOR will release PHI in accordance with the HIPAA Privacy Regulations upon receipt of a valid written authorization. CONTRACTOR will make other Confidential Information in CONTRACTOR's possession available pursuant to the requirements of HIPAA or other applicable law upon a determination of a Breach of Unsecured PHI as defined in HIPAA. CONTRACTOR will maintain an accounting of all such disclosures and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.524and 164.504(e)(2)(h)(E). (1) If PHI is subject to this Agreement, CONTRACTOR will make PHI as required by HIPAA available to HHS for review subsequent to CONTRACTOR's incorporation of any amendments requested pursuant to HIPAA. 45 CFR 164 504(e)(2)(ii)(E) and(F). (J) If PHIis subject to this Agreement, CONTRACTOR will document and make available to HHS the PHI required to provide access, an accounting of disclosures or amendment in compliance with the requirements of the HIPAA Privacy Regulations. 45 CFR 164 504(e)(2)(ii)(G) and 164 528. (K) If CONTRACTOR receives a request for access, amendment or accounting of PHI from an individual with a right of access to information subject to this DUA, it will respond to such request in compliance with the HIPAA Privacy Regulations. CONTRACTOR will maintain an accounting of all responses to requests for access to or amendment of PHI and provide it to HHS within 48 hours of HHS' request. 45 CFR 164.504(e)(2). (L) CONTRACTOR will provide, and will cause its Subcontractors and agents to provide, to HHS periodic written certifications of compliance with controls and provisions relating to information privacy, security and breach notification, including without limitation information related to data transfers and the handling and disposal of Confidential Information. 45 CFR 164.308; 164.530(c); 1 TAC 202. (M) Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may use PHI for the proper management and administration of CONTRACTOR or to carry out CONTRACTOR's HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 4 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 legal responsibilities. Except as otherwise limited by this DUA, the Base Contract, or law applicable to the Confidential Information, CONTRACTOR may disclose PHI for the proper management and administration of CONTRACTOR, or to carry out CONTRACTOR's legal responsibilities, if. 45 CFR 164.504(e)(4)(A). (1) Disclosure is Required by Law provided that CONTRACTOR complies with Section 3.01(D); or (2) CONTRACTOR obtains reasonable assurances from the person or entity to which the information is disclosed that the person or entity will: (a)Maintain the confidentiality of the Confidential Information in accordance with this DUA; (b) Use or further disclose the information only as Required by Law or for the Authorized Purpose for which it was disclosed to the Person; and (c)Notify CONTRACTOR in accordance with Section 4.01 of any Event or Breach of Confidential Information of which the Person discovers or should have discovered with the exercise of reasonable diligence. 45 CFR I64.504(e)(4)(ii)(B). (N) Except as otherwise limited by this DUA, CONTRACTOR will, if required by law and requested by HHS,use commercially reasonable efforts to use PHI to provide data aggregation services to HHS, as that term is defined in the HIPAA, 45 C.F.R. §164.501 and permitted by HIPAA. 45 CFR 164.504(e)(2)(i)(B) (0) CONTRACTOR will, on the termination or expiration of this DUA or the Base Contract, at its expense, send to HHS or Destroy, at HHS's election and to the extent reasonably feasible and permissible by law, all Confidential Information received from HHS or created or maintained by CONTRACTOR or any of CONTRACTOR's agents or Subcontractors on HHS's behalf if that data contains Confidential Information. CONTRACTOR will certify in writing to HHS that all the Confidential Information that has been created, received, maintained, used by or disclosed to CONTRACTOR, has been Destroyed or sent to HHS, and that CONTRACTOR and its agents and Subcontractors have retained no copies thereof. Notwithstanding the foregoing, HHS acknowledges and agrees that CONTRACTOR is not obligated to send to HHSC and/or Destroy any Confidential Information if federal law, state law, the Texas State Library and Archives Commission records retention schedule, and/or a litigation hold notice prohibit such delivery or Destruction. If such delivery or Destruction is not reasonably feasible, or is impermissible by law, CONTRACTOR will immediately notify HHS of the reasons such delivery or Destruction is not feasible, and agree to extend indefinitely the protections of this DUAto the Confidential Information and limit its further uses and disclosures to the purposes that make the return delivery or Destruction of the Confidential Information not feasible for as long as CONTRACTOR maintains such Confidential Information. 45 CFR 164.504(e)(2)(h)(j HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 5of15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated threats or hazards to the security or integrity of such information or unauthorized uses. 45 CFR 164.306; 164.530(c) (Q) If CONTRACTOR accesses, transmits, stores, and/or maintains Confidential Information, CONTRACTOR will complete and return to HHS at infosecurity@hhsc.state.tx.us the HHS information security and privacy initial inquiry (SPI) at Attachment 1 . The SPI identifies basic privacy and security controls with which CONTRACTOR must comply to protect HHS Confidential Information. CONTRACTOR will comply with periodic security controls compliance assessment and monitoring by HHS as required by state and federal law, based on the type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses or has access to and the Authorized Purpose and level of risk. CONTRACTOR's security controls will be based on the National Institute of Standards and Technology (NIST) Special Publication 800-53. CONTRACTOR will update its security controls assessment whenever there are significant changes in security controls for HHS Confidential Information and will provide the updated document to HHS. HHS also reserves the right to request updates as needed to satisfy state and federal monitoring requirements. 45 CFR 164.306. (R) CONTRACTOR will establish, implement and maintain reasonable procedural, administrative, physical and technical safeguards to preserve and maintain the confidentiality,integrity, and availability of the Confidential Information, and with respect to PHI, as described in the HIPAA Privacy and Security Regulations, or other applicable laws or regulations relating to Confidential Information, to prevent any unauthorized use or disclosure of Confidential Information as long as CONTRACTOR has such Confidential Information in its actual or constructive possession. 45 CFR 164.308 (administrative safeguards); 164.310 (physical safeguards); 164.312 (technical safeguards); 164.530(c)(privacy safeguards). (S) CONTRACTOR will designate and identify, a Person or Persons, as Privacy Official 45 CFR 164.530(a)(1) and Information Security Official, each of whom is authorized to act on behalf of CONTRACTOR and is responsible for the development and implementation of the privacy and security requirements in this DUA. CONTRACTOR will provide name and current address, phone number and e-mail address for such designated officials to HHS upon execution of this DUA and prior to any change. If such persons fail to develop and implement the requirements of the DUA, CONTRACTOR will replace them upon HHS request. 45 CFR 164.308(a)(2). (T) CONTRACTOR represents and warrants that its Authorized Users each have a demonstrated need to know and have access to Confidential Information solely to the minimum extent necessary to accomplish the Authorized Purpose pursuant to this DUA and the Base Contract, and further, that each has agreed in writing to be bound by the disclosure and use limitations pertaining to the Confidential Information contained in this DUA. 45 CFR 164.502; 164.514(d). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 6 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they agreed to be bound by the terms of this DUA, at all times and supply it to HHS, as directed, upon request. (V) CONTRACTOR will implement, update as necessary, and document reasonable and appropriate policies and procedures for privacy, security and Breach of Confidential Information and an incident response plan for an Event or Breach, to comply with the privacy, security and breach notice requirements of this DUA prior to conducting work under the Statement of Work. 45 CFR 164.308; 164.316; 164.514(d);164.530(i)(1). (W) CONTRACTOR will produce copies of its information security and privacy policies and procedures and records relating to the use or disclosure of Confidential Information received from, created by, or received,used or disclosed by CONTRACTOR for an Authorized Purpose for HHS's review and approval within 30 days of execution of this DUA and upon request by HHS the following business day or other agreed upon time frame. 45 CFR 164.308;164.514(d). (X) CONTRACTOR will make available to HHS any information HHS requires to fulfill HHS's obligations to provide access to, or copies of,PHI in accordance with HIPAA and other applicable laws and regulations relating to Confidential Information. CONTRACTOR will provide such information in a time and manner reasonably agreed upon or as designated by the Secretary of the U.S. Department of Health and Human Services, or other federal or state law. 45 CFR 164.504(e)(2)(i)(I). (Y) CONTRACTOR will only conduct secure transmissions of Confidential Information whether in paper, oral or electronic form, in accordance with applicable rules, regulations and laws.A secure transmission of electronic Confidential Information in motion includes, but is not limited to, Secure File Transfer Protocol (SFTP) or Encryption at an appropriate level. If required by rule, regulation or law, HHS Confidential Information at rest requires Encryption unless there is other adequate administrative, technical, and physical security.All electronic data transfer and communications of Confidential Information will be through secure systems. Proof of system,media or device security and/or Encryption must be produced to HHS no later than 48 hours after HHS's written request in response to a compliance investigation, audit or the Discovery of an Event or Breach. Otherwise,requested production of such proof will be made as agreed upon by the parties.De-identification of HHS Confidential Information is a means of security. With respect to de-identification of PHI, "secure" means de-identified according to HIPAA Privacy standards and regulatory guidance. 45 CFR 164.312;164.530(d). (Z) For each type of Confidential Information CONTRACTOR creates, receives, maintains, uses, discloses, has access to or transmits in the performance of the Statement of Work, CONTRACTOR will comply with the following laws rules and regulations, only to the extent applicable and required by law: • Title 1, Part 10, Chapter 202, Subchapter B, Texas Administrative Code; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 7 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 • The Privacy Act of 1974; • OMB Memorandum 07-16; • The Federal Information Security Management Act of 2002 (FISMA); • The Health Insurance Portability and Accountability Act of 1996 (HIPAA) as defined in the DUA; • Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; • National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision 1 —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; • NIST Special Publications 800-53 and 800-53A — Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; • NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; • NIST Special Publication 800-88, Guidelines for Media Sanitization; • NIST Special Publication 800-111, Guide to Storage of Encryption Technologies for End User Devices containing PHI; and Any other State or Federal law,regulation, or administrative rule relating to the specific HHS program area that CONTRACTOR supports on behalf of HHS. (AA) Notwithstanding anything to the contrary herein, CONTRACTOR will treat any Personal Identifying Information it creates,receives,maintains,uses,transmits, destroys and/or discloses in accordance with Texas Business and Commerce Code, Chapter 521 and DocuSigned by:other applicable regulatory standards identifie4a in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, 57A188293F923439 WAsmits, destroys and/or discloses in accordance with HIPAA and other applicable ... regulatory standards identified in Section 3.01(Z). na May 16,2022 ARTICLE 4. BREACH NOTICE,REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 8 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (A) CONTRACTOR will cooperate fully with HHS in investigating,mitigating to the extent practicable and issuing notifications directed by HHS, for any Event or Breach of Confidential Information to the extent and in the manner determined by HHS. (B) CONTRACTOR'S obligation begins at the Discovery of an Event or Breach and continues as long as related activity continues, until all effects of the Event are mitigated to HHS's reasonable satisfaction(the "incident response period"). 45 CFR 164.404. (C) Breach Notice: (1) Initial Notice. (a) For federal information, including without limitation, Federal Tax Information, Social Security Administration Data, and Medicaid Client Information, within the first, consecutive clock hour of Discovery, and for all other types of Confidential Information not more than 24 hours after Discovery,or in a timeframe otherwise approved by HHS in writing,initially report to HHS's Privacy and Security Officers via email at: privacy@HHS C.state.tx.us and to the HHS division responsible for this DUA; and IRS Publication 1075; Privacy Act of 1974, as amended by the Computer Matching and Privacy Protection Act of 1988, 5 U.S.C. § 552a; OMB Memorandum 07-16 as cited in HHSC-CMS Contracts for information exchange. (b) Report all information reasonably available to CONTRACTOR about the Event or Breach of the privacy or security of Confidential Information. 45 CFR 164.410. (c) Name, and provide contact information to HHS for, CONTRACTOR's single point of contact who will communicate with HHS both on and off business hours during the incident response period. na (2) Formal Notice.No later than two business days after the Initial Notice above, provide formal notification to privacy@HHSC.state.tx.us and to the HHS division responsible for this DUA, including all reasonably available information about the Eventner Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. na na (a) The date the Event or Breach occurred; DocuSfgned by: (b) The date of CONTRACUTO S02atnd, if applicable, �� bcon�s Discovery; 7A188293F923439... (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 9 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (d) A brief description of CONTRACTOR's investigation and the status of the investigation; (e) A description of the types and amount of Confidential Information involved; (f) Identification of and number of all Individuals reasonably believed to be affected,including first and last name of the Individual and if applicable the, Legally Authorized Representative, last known address, age,telephone number, and email address if it is a preferred contact method, to the extent known or can be reasonably determined by CONTRACTOR at that time; (g) CONTRACTOR's initial risk assessment of the Event or na Breach demonstrating wither individual or other notices are required by applicable law or this DUA for HHS approval, including an analysis of whether there is a low probability of compromise of the Confidential Information or whether any legal exceptions to notification apply; (h) CONTRACTOR's recommendation for HHS's approval as to na the steps Individuals and/or CONTRACTOR on behalf of Individuals should take to protect the Individuals from potential harm,including without limitation CONTRACTOR's provision of notifications, credit protection, claims monitoring, and any specific protections for a Legally Authorized Representative to take on behalf of an Individual with special capacity or circumstances; na (i) The steps gpNTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); na 0) The steps CONTRACTOR has taken, or will take, to prevent or reduce the likelihood of recurrence of a similar Event or Breach; (k) Identify, describe or estimate the Persons, Workforce, Subcontractor, or Individuals and any law enforcement that may be involved in the Event or Breach; na DocuSigned by: (1) A reasonabLT-1,JnQs%,kwj-.s U4ff-ONTRACTOR to provide regular updates during normal to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business na days or as otherwise dire tell b IHS including information about risk W 6'AI HS' reporting,notification,if any,mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 10 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (m) Any reasonably available,pertinent information,documents or reports related to an Event or Breach that HHS requests following Discovery. 4.02 Investigation,Response and Mitigation.45 CFR 164.308,310 and 312; 164.530 (A) CONTRACTOR will immediately conduct a full and complete investigation, respond to the Event or Breach, commit necessary and appropriate staff and resources to expeditiously respond, and report as required to and by HHS for incident response purposes and for purposes of HHS's compliance with report and notification requirements, to the reasonable satisfaction of HHS. (B) CONTRACTOR will complete or participate in a risk assessment as directed by HHS following an Event or Breach, and provide the final assessment, corrective actions and mitigations to HHS for review and approval. (C) CONTRACTOR will fully cooperate with HHS to respond to inquiries and/or proceedings by state and federal authorities, Persons and/or Individuals about the Event or Breach. (D) CONTRACTOR will fully cooperate with HHS's efforts to seek appropriate injunctive relief or otherwise prevent or curtail such Event or Breach, or to recover or protect any Confidential Information, including complying with reasonable corrective action or measures, as specified by HHS in a Corrective Action Plan if directed by HHS under the Base Contract. 4.03 Breach Notification to Individuals and Reporting to Authorities. Tex. Bus. & Comm. Code §521.053; 45 CFR 164.404 (Individuals), 164.406 (Media); 164.408 (Authorities) (A) HHS may direct CONTRACTOR to provide Breach notification to Individuals, regulators or third-parties, as specified by HHS following a Breach. (B) CONTRACTOR shall give HHS an opportunity to review and provide feedback to CONTRACTOR and to confirm that CONTRACTOR's notice meets all na regulatory requirements regarding the time, manner and content of any notification to Individuals, regulators or third-parties, or any notice required by other state or federal authorities, including without limitation, notifications required by Texas Business and Commerce Code, Chapter 521.053(b) and HIPAA. HHS shall have ten (10)business days to provide said feedback to CONTRACTOR. Notice letters will be in CONTRACTOR's name and on CONTRACTOR's letterhead, unless otherwise directed by HHS, and will contain contact information, including the name and title of CONTRACTOR's representative, an na email address and a toll-free telephone number, if required by applicable law, rule, or regulation, for the Individual to obtain additional information. (C) CONTRACTOR will provide HHS with copies of distributed and approved communications. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 11 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (D) CONTRACTOR will have the burden of demonstrating to the reasonable satisfaction of HHS that any notification required by HHS was timely made.If there are delays outside of CONTRACTOR's control, CONTRACTOR will provide written documentation of the reasons for the delay. (E) If HHS delegates notice requirements to CONTRACTOR, HHS shall, in the time and manner reasonably requested by CONTRACTOR, cooperate and assist with CONTRACTOR's information requests in order to make such notifications and reports. ARTICLE 5. STATEMENT OF WORK "Statement of Work" means the services and deliverables to be performed or provided by CONTRACTOR, or on behalf of CONTRACTOR by its Subcontractors or agents for HHS that are described in detail in the Base Contract. The Statement of Work, including any future amendments thereto, is incorporated by reference in this DUA as if set out word-for-word herein. ARTICLE 6. GENERAL PROVISIONS 6.01 Oversight of Confidential Information CONTRACTOR acknowledges and agrees that HHS is entitled to oversee and monitor CONTRACTOR's access to and creation,receipt,maintenance,use, disclosure of the Confidential Information to confirm that CONTRACTOR is in compliance with this DUA. 6.02 HHS Commitment and Obligations HHS will not request CONTRACTOR to create, maintain,transmit,use or disclose PHI in any manner that would not be permissible under applicable law if done by HHS. 6.03 HHS Right to Inspection At any time upon reasonable notice to CONTRACTOR, or if HHS determines that CONTRACTOR has violated this DUA, HHS, directly or through its agent, will have the right to inspect the facilities,systems,books and records of CONTRACTOR to monitor compliance with this DUA. For purposes of this subsection,HHS's agent(s)include,without limitation,the HHS Office of the Inspector General or the Office of the Attorney General of Texas, outside consultants or legal counsel or other designee. 6,04 Term; Termination of DUA; Survival This DUA will be effective on the date on which CONTRACTOR executes the DUA, and will terminate upon termination of the Base Contract and as set forth herein. If the Base Contract is extended or amended, this DUA shall be extended or amended concurrent with such extension or amendment. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 12 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination of-Expiration of this DUA will not relieve CONTRACTOR of its obligation to return or Destroy the Confidential Information as set forth in this DUA and to continue to safeguard the Confidential Information until such time as determined by HHS. (C) If HHS determines that CONTRACTOR has violated a material term of this DUA; HHS may in its sole discretion: (1) Exercise any of its rights including but not limited to reports, access and inspection under this DUA and/or the Base Contract; or (2) Require CONTRACTOR to submit to a Corrective Action Plan, including a plan for monitoring and plan for reporting, as HHS may determine necessary to maintain compliance with this DUA; or (3) Provide CONTRACTOR with a reasonable period to cure the violation as determined by HHS; or (4) Terminate the DUA and Base Contract immediately, and seek relief in a court of competent jurisdiction in Texas. Before exercising any of these options, HHS will provide written notice to CONTRACTOR describing the violation,the requested corrective action CONTRACTOR may take to cure the alleged violation, and the action HHS intends to take if the alleged violated is not timely cured by CONTRACTOR. (D) If neither termination nor cure is feasible,HHS shall report the violation to the Secretary of the U.S. Department of Health and Human Services. (E) The duties of CONTRACTOR or its Subcontractor under this DUA survive the expiration or termination of this DUA until all the Confidential Information is Destroyed or returned to HHS, as required by this DUA. 6.05 Governing Law,Venue and Litigation (A) The validity, construction and performance of this DUA and the legal relations among the Parties to this DUA will be governed by and construed in accordance with the laws of the State of Texas. (B) The Parties agree that the courts of Texas, will be the exclusive venue for any litigation, special proceeding or other proceeding as between the parties that may be brought, or arise out of, or in connection with, or by reason of this DUA. 6.06 Injunctive Relief HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 13 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (A) CONTRACTOR acknowledges and agrees that HHS may suffer irreparable injury if CONTRACTOR or its Subcontractor fails to comply with any of the terms of this DUA with respect to the Confidential Information or a provision of HIPAA or other laws or regulations applicable to Confidential Information. (B) CONTRACTOR further agrees that monetary damages may be inadequate to compensate HHS for CONTRACTOR's or its Subcontractor's failure to comply.Accordingly, CONTRACTOR agrees that HHS will,in addition to any other remedies available to it at law or in equity, be entitled to seek injunctive relief without posting a bond and without the necessity of demonstrating actual damages, to enforce the terms of this DUA. 6.07 Responsibility. To the extent permitted by the Texas Constitution, laws and rules, and without waiving any immunities or defenses available to CONTRACTOR as a governmental entity, CONTRACTOR shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, directors, officers, Subcontractors and agents. HHS shall be solely responsible for its own acts and omissions. 6.08 Insurance (A) As a governmental entity, and in accordance with the limits of the Texas Tort Claims Act, Chapter 101 of the Texas Civil Practice and Remedies Code, CONTRACTOR either maintains commercial insurance or self-insures with policy limits in an amount sufficient to cover CONTRACTOR's liability arising under this DUA. CONTRACTOR will request that HHS be named as an additional insured. HHSC reserves the right to consider alternative means for CONTRACTOR to satisfy CONTRACTOR's financial responsibility under this DUA. Nothing herein shall relieve CONTRACTOR of its financial obligations set forth in this DUA if CONTRACTOR fails to maintain insurance. (B) CONTRACTOR will provide HHS with written proof that required insurance coverage is in effect, at the request of HHS. 6.08 Fees and Costs Except as otherwise specified in this DUA or the Base Contract, if any legal action or other proceeding is brought for the enforcement of this DUA, or because of an alleged dispute, contract violation, Event, Breach, default, misrepresentation, or injunctive action, in connection with any of the provisions of this DUA, each party will bear their own legal expenses and the other cost incurred in that action or proceeding. 6.09 Entirety of the Contract This DUA is incorporated by reference into the Base Contract as an amendment thereto and, together with the Base Contract, constitutes the entire agreement between the parties. No change, waiver, or discharge of obligations arising under those documents will be valid unless in writing and executed by the party against whom such change, waiver, or discharge is sought to be HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 14 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6.10 Automatic Amendment and Interpretation If there is (i) a change in any law, regulation or rule, state or federal, applicable to HIPPA and/or Confidential Information, or (ii) any change in the judicial or administrative interpretation of any such law,regulation or rule„ upon the effective date of such change, this DUA shall be deemed to have been automatically amended, interpreted and read so that the obligations imposed on HHS and/or CONTRACTOR remain in compliance with such changes. Any ambiguity in this DUA will be resolved in favor of a meaning that permits HHS and CONTRACTOR to comply with HIPAA or any other law applicable to Confidential Information. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities)October 23,2019 Page 15 of 15 DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 TEXAS Texas HHS System - Data Use Agreement-Attachment 2 vv Health and Human SECURITY AND PRIVACY INQUIRY (SPI) Services If you are a bidder fora new procurement/contract,in order to participate in the bidding process,you must have corrected any"No" responses (except Aga) prior to the contract award date. If you are an applicant for an open enrollment,you must have corrected any"No"answers (except Aga and A11) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except Aga and A11),an Action Plan for Compliance with a Timeline must be documented in the designated area below the question.The timeline for compliance with HI PAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. SECTION A: APPLICANT/BIDDER INFORMATION (To be completed by Applicant/Bidder) 1. Does the applicant/bidder access, create, disclose, receive, transmit, maintain, or store Texas Q Yes HHS Confidential Information in electronic systems (e.g., laptop, personal use computer, O No mobile device, database, server, etc.)? IF NO, STOP. THE SPI FORM IS NOT REQUIRED. 2. Entity or Applicant/Bidder Legal Name Legal Name: Legal Entity Tax Identification Number (TIN) (Last Four Numbers Only): Procurement/Contract#: Address: City: State: ZIP: Telephone #: Email Address: 3. Number of Employees, at all locations, in Total Employees: Applicant/Bidder's Workforce "Workforce" means all employees,volunteers,trainees, and other Persons whose conduct is under the direct control of Applicant/Bidder,whether or not they are paid by Applicant/ Bidder.If Applicant/Bidder is a sole proprietor,the workforce may be only one employee. 4. Number of Subcontractors Total Subcontractors: (if Applicant/Bidder will not use subcontractors,enter"0") 5. Name of Information Technology Security Official A. Security Official: and Name of Privacy Official for Applicant/Bidder Legal Name: (Privacy and Security Official may be the same person.) Address: City: State: ZIP: Telephone #: Email Address: B. Privacy Official: Legal Name: Address: City: State: ZIP: Telephone #: Email Address: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 1 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 b. Type(s) of Texas HHS Confidential Information the HIPAA CJIS IRS FTI CMS SSA PII Applicant/Bidder will create, receive, maintain,use, ❑ ❑ ❑ ❑ ❑ disclose or have access to: (Check all that apply) Other (Please List) •Health Insurance Portability and Accoun tab ility Act(HIPAA)data •Criminal Justice Information Services(CJIS)data •Internal Revenue Service Federal Tax Information(IRS FTI)data •Centers for Medicare&Medicaid Services(CMS) •Social Security Administration(SSA) •Personally Identifiable Information(PII) 7. Number of Storage Devices for Texas HHS Confidential Information (as defined in the Total # Texas HHS System Data Use Agreement (DUA)) (Sum a-d) Cloud Services involve using a network of remote servers hosted on the Internet to store, 0 manage, and process data, rather than a local server or a personal computer. A Data Center is a centralized repository, either physical or virtual, for the storage, management,and dissemination of data and information organized around a particular body of knowledge or pertaining to a particular business. a. Devices. Number of personal user computers, devices or drives, including mobile devices and mobile drives. b. Servers. Number of Servers that are not in a data center or using Cloud Services. c. Cloud Services. Number of Cloud Services in use. d. Data Centers. Number of Data Centers in use. 8. Number of unduplicated individuals for whom Applicant/Bidder reasonably expects to Select Option handle Texas HHS Confidential Information during one year: (a-d) a. 499 individuals or less 0 a. b. 500 to 999 individuals 0 b. c. 1,000 to 99,999 individuals 0 C. d. 100,000 individuals or more Q d. 9. HIPAA Business Associate Agreement a. Will Applicant/Bidder use, disclose, create, receive, transmit or maintain protected 0 Yes health information on behalf of a HIPAA-covered Texas HHS agency for a HIPAA- 0 No covered function? b. Does Applicant/Bidder have a Privacy Notice prominently displayed on a Webpage or a Yes Public Office of Applicant/Bidder's business open to or that serves the public? (This is a 0 No HIPAA requirement. Answer "N/A" if not applicable, such as for agencies not covered 0 N/A by H I PAA.) Action Plan for Compliance with a Timeline: Compliance Date: 10. Subcontractors. If the Applicant/Bidder responded "0" to Question 4 (indicating no subcontractors), check "N/A" for both 'a.' and 'b.' a. Does Applicant/Bidder require subcontractors to execute the DUA Attachment 1 0 Yes Subcontractor Agreement Form? 0 No a N/A Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 2 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 b. Will Applicant/Bidder agree to require subcontractors who will access Confidential 0 Yes Information to comply with the terms of the DUA, not disclose any Confidential 0 No Information to them until they have agreed in writing to the same safeguards and to d N/A discontinue their access to the Confidential Information if they fail to comply? Action Plan for Compliance with a Timeline: Compliance Date: 11. Does Applicant/Bidder have any Optional Insurance currently in place? Yes Optional Insurance provides coverage for: (1) Network Security and Privacy; (2) Data Breach; (3)Cyber Q No Liability(lost data, lost use or delay/suspension in business,denial of service with e-business,the Internet, networks and informational assets, such as privacy, intellectual property,virus transmission, extortion, } N/A sabotage orweb activities);(4) Electronic Media Liability;(5)Crime/Theft;(6)Advertising Injuryand Personal Injury Liability;and(7)Crisis Management and Notification Expense Coverage. SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 3 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 SECTION B: PRIVACY RISK ANALYSIS AND ASSESSMENT (To be completed by Applicant/Bidder) For any questions answered "No," an Action Plan for Compliance with a Timeline must be documented in the designated area below the question. The timeline for compliance with HIPAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. 1. Written Policies& Procedures. Does Applicant/Bidder have current written privacy and Yes or No security policies and procedures that, at a minimum: a. Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that identify Authorized Users and Authorized Purposes (as defined in the d No DUA) relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: b. Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that require Applicant/Bidder and its Workforce to comply with the O No applicable provisions of HIPAA and other laws referenced in the DUA, relating to creation, receipt, maintenance, use, disclosure, access or transmission of Texas HHS Confidential Information on behalf of a Texas HHS agency? Action Plan for Compliance with a Timeline: Compliance Date: c. Does Applicant/Bidder have current written privacy and security policies and procedures 0Yes that limit use or disclosure of Texas HHS Confidential Information to the minimum that is O No necessary to fulfill the Authorized Purposes? Action Plan for Compliance with a Timeline: Compliance Date: d. Does Applicant/Bidder have current written privacy and security policies and procedures 0Yes that respond to an actual or suspected breach of Texas HHS Confidential Information, to include at a minimum (if any responses are "No" check "No" for all three): a No i. Immediate breach notification to the Texas HHS agency, regulatory authorities, and other required Individuals or Authorities, in accordance with Article 4 of the DUA; ii. Following a documented breach response plan, in accordance with the DUA and applicable law; & iii. Notifying Individuals and Reporting Authorities whose Texas HHS Confidential Information has been breached, as directed by the Texas HHS agency? SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 4 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Action Plan for Compliance with a Timeline: Compliance Date: e. Does Applicant/Bidder have current written privacy and security policies and procedures Q Yes that conduct annual workforce training and monitoring for and correction of any training delinquencies? NO Action Plan for Compliance with a Timeline: Compliance Date: f. Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that permit or deny individual rights of access, and amendment or correction, when appropriate? NO Action Plan for Compliance with a Timeline: Compliance Date: g. Does Applicant/Bidder have current written privacy and security policies and procedures d Yes that permit only Authorized Users with up-to-date privacy and security training, and d No with a reasonable and demonstrable need to use, disclose, create, receive, maintain, access or transmit the Texas HHS Confidential Information, to carry out an obligation under the DUA for an Authorized Purpose, unless otherwise approved in writing by a Texas HHS agency? Action Plan for Compliance with a Timeline: Compliance Date: h. Does Applicant/Bidder have current written privacy and security policies and procedures Q Yes that establish, implement and maintain proof of appropriate sanctions against any No Workforce or Subcontractors who fail to comply with an Authorized Purpose or who is not an Authorized User, and used or disclosed Texas HHS Confidential Information in violation of the DUA, the Base Contract or applicable law? Action Plan for Compliance with a Timeline: Compliance Date: L Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that require updates to policies, procedures and plans following major 0 No changes with use or disclosure of Texas HHS Confidential Information within 60 days of identification of a need for update? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 5 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 j. Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that restrict permissions or attempts to re-identify or further identify a No de-identified Texas HHS Confidential Information, or attempt to contact any Individuals whose records are contained in the Texas HHS Confidential Information, except for an Authorized Purpose, without express written authorization from a Texas HHS agency or as expressly permitted by the Base Contract? Action Plan for Compliance with a Timeline: Compliance Date: k. If Applicant/Bidder intends to use, disclose, create, maintain, store or transmit Texas HHS 0Yes Confidential Information outside of the United States, will Applicant/Bidder obtain the O No express prior written permission from the Texas HHS agency and comply with the Texas HHS agency conditions for safeguarding offshore Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: I. Does Applicant/Bidder have current written privacy and security policies and procedures 0 Yes that require cooperation with Texas HHS agencies' or federal regulatory inspections, No audits or investigations related to compliance with the DUA or applicable law? Action Plan for Compliance with a Timeline: Compliance Date: m. Does Applicant/Bidder have current written privacy and security policies and C)Yes procedures that require appropriate standards and methods to destroy or dispose of No Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: n. Does Applicant/Bidder have current written privacy and security policies and procedures 0 Yes that prohibit disclosure of Applicant/Bidder's work product done on behalf of Texas HHS a No pursuant to the DUA, or to publish Texas HHS Confidential Information without express prior approval of the Texas HHS agency? Action Plan for Compliance with a Timeline: Compliance Date: 2. Does Applicant/Bidder have a current Workforce training program? Q Yes Training of Workforce must occur at least once every year, and within 30 days of date of hiring a new d No Workforce member who will handle Texas HHS Confidential Information.Training must include:(1)privacy and security policies, procedures, plans and applicable requirements for handling Texas HHS Confidential Information, (2)a requirement to complete training before access is given to Texas HHS Confidential Information,and(3)written proof of training and a procedure for monitoring timely completion of training. SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 6 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder have Privacy Safeguards to protect Texas HHS Confidential 0Yes Information in oral, paper and/or electronic form? O No "Privacy Safeguards" means protection of Texas HHS Confidential Information by establishing, implementing and maintaining required Administrative,Physical and Technical policies,procedures,processes and controls, required by the DUA, HIPAA(45 CFR 164.530), Social Security Administration, Medicaid and laws, rules or regulations, as applicable.Administrative safeguards include administrative protections, policies and procedures for matters such as training, provision of access,termination, and review of safeguards, incident management, disaster recovery plans, and contract provisions.Technical safeguards include technical protections, policies and procedures,such as passwords,logging,emergencies,how paper is faxed or mailed, and electronic protections such as encryption of data. Physical safeguards include physical protections, policies and procedures,such as locks, keys, physical access, physical storage and trash. Action Plan for Compliance with a Timeline: Compliance Date: 4. Does Applicant/Bidder and all subcontractors (if applicable) maintain a current list of 0Yes Authorized Users who have access to Texas HHS Confidential Information, whether oral, O No written or electronic? Action Plan for Compliance with a Timeline: Compliance Date: 5. Does Applicant/Bidder and all subcontractors (if applicable) monitor for and remove 0Yes terminated employees or those no longer authorized to handle Texas HHS O No Confidential Information from the list of Authorized Users? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 7 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 SECTIOrl1 ' • be completed by Applicant/Bidder) This section is about your electronic system. If your business DOES NOT store, access, or No Electronic transmit Texas HHS Confidential Information in electronic systems (e.g., laptop, personal Systems use computer, mobile device, database, server, etc.) select the box to the right, and "YES" will be entered for all questions in this section. For any questions answered "No," an Action Plan for Compliance with a Timeline must be documented in the designated area below the question.The timeline for compliance with HIPAA-related items is 30 calendar days, P11-related items is 90 calendar days. 1. Does the Applicant/Bidder ensure that services which access, create, disclose, receive, 0 Yes transmit, maintain, or store Texas HHS Confidential Information are maintained IN the O No United States (no offshoring) unless ALL of the following requirements are met? a. The data is encrypted with FIPS 140-2 validated encryption b. The offshore provider does not have access to the encryption keys C. The Applicant/Bidder maintains the encryption key within the United States d. The Application/Bidder has obtained the express prior written permission of the Texas HHS agency For more information regarding FIP5140-2 encryption products,please refer to: http://csrc.nist.pov/publications/fips Action Plan for Compliance with a Timeline: Compliance Date: 2. Does Applicant/Bidder utilize an IT security-knowledgeable person or company to maintain 0 Yes or oversee the configurations of Applicant/Bidder's computing systems and devices? O No Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder monitor and manage access to Texas HHS Confidential Information )Yes (e.g., a formal process exists for granting access and validating the need for users to access O No Texas HHS Confidential Information, and access is limited to Authorized Users)? Action Plan for Compliance with a Timeline: Compliance Date: 4. Does Applicant/Bidder a) have a system for changing default passwords, b) require user ( Yes password changes at least every 90 calendar days, and c) prohibit the creation of weak O No passwords (e.g., require a minimum of 8 characters with a combination of uppercase, lowercase, special characters, and numerals, where possible) for all computer systems that access or store Texas HHS Confidential Information. If yes, upon request must provide evidence such as a screen shot or a system report. Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 8 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 5. Does each member of Applicant/Bidder's Workforce who will use, disclose, create, receive, 0Yes transmit or maintain Texas HHS Confidential Information have a unique user name O No (account) and private password? Action Plan for Compliance with a Timeline: Compliance Date: 6. Does Applicant/Bidder lock the password after a certain number of failed attempts and }Yes after 15 minutes of user inactivity in all computing devices that access or store Texas { No HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: 7. Does Applicant/Bidder secure, manage and encrypt remote access (including wireless 0Yes access) to computer systems containing Texas HHS Confidential Information? (e.g., a formal O No process exists for granting access and validating the need for users to remotely access Texas HHS Confidential Information, and remote access is limited to Authorized Users). Encryption is required for all Texas HHS Confidential Information. Additionally,FIP5140-2 validated encryption is required for Health Insurance Portability and Accountability Act(HIPAA)data, Criminal Justice Information Services(CJIS)data, Internal Revenue Service Federal Tax Information(IRS FTI)data,and Centers for Medicare&Medicaid Services(CMS)data. For more information regarding FIPS 140-2 encryption products,please refer to: http://csrc. ist.gov/publicationsAips Action Plan for Compliance with a Timeline: Compliance Date: 8. Does Applicant/Bidder implement computer security configurations or settings for all 0Yes computers and systems that access or store Texas HHS Confidential Information? O No (e.g., non-essential features or services have been removed or disabled to reduce the threat of breach and to limit exploitation opportunities for hackers or intruders, etc.) Action Plan for Compliance with a Timeline: Compliance Date: 9. Does Applicant/Bidder secure physical access to computer, paper, or other systems 0Yes containing Texas HHS Confidential Information from unauthorized personnel and theft O No (e.g., door locks, cable locks, laptops are stored in the trunk of the car instead of the passenger area, etc.)? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 9 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 10. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential 0Yes Information that is transmitted over a public network (e.g., the Internet, WiFi, etc.)? O No If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all HHS Confidential Information.Additionally, FIPS 140-2 validated encryption is required for Health Insurance Portability and Accountability Act(HIPAA)data,Criminal Justice Information Services(CJIS)data,Internal Revenue Service Federal Tax Information(IRS FTI)data,and Centers for Medicare&Medicaid Services(CMS)data. For more information regarding FIPS 140-2 encryption products,please refer to: http://csrc.nist.pov/publications/{ips Action Plan for Compliance with a Timeline: Compliance Date: 11. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential 0Yes Information stored on end user devices (e.g., laptops, USBs, tablets, smartphones, external O No hard drives, desktops, etc.)? If yes, upon request must provide evidence such as a screen shot or a system report. Encryption is required for all Texas HHS Confidential Information. Additionally,FIPS 140-2 validated encryption is required for Health Insurance Portability and Accountability Act(HIPAA)data, Criminal Justice Information Services(CJIS)data, Internal Revenue Service Federal Tax Information(IRS FTI)data,and Centers for Medicare&Medicaid Services(CMS)data. For more information regarding FIPS 140-2 encryption products,please refer to: http://csrc.nist.gov/publicationsAips Action Plan for Compliance with a Timeline: Compliance Date: 12.Does Applicant/Bidder require Workforce members to formally acknowledge rules outlining 0Yes their responsibilities for protecting Texas HHS Confidential Information and associated O No systems containing HHS Confidential Information before their access is provided? Action Plan for Compliance with a Timeline: Compliance Date: 13. Is Applicant/Bidder willing to perform or submit to a criminal background check on 0Yes Authorized Users? O No Action Plan for Compliance with a Timeline: Compliance Date: 14. Does Applicant/Bidder prohibit the access, creation, disclosure, reception, transmission, { Yes maintenance, and storage of Texas HHS Confidential Information with a subcontractor O No (e.g., cloud services, social media, etc.) unless Texas HHS has approved the subcontractor agreement which must include compliance and liability clauses with the same requirements as the Applicant/Bidder? Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 10 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 15. Does Applicant/Bidder keep current on security updates/patches (including firmware, 0Yes software and applications) for computing systems that use, disclose, access, create, O No transmit, maintain or store Texas HHS Confidential Information? Action Plan for Compliance with a Timeline: Compliance Date: 16. Do Applicant/Bidder's computing systems that use, disclose, access, create, transmit, }Yes maintain or store Texas HHS Confidential Information contain up-to-date anti- O No malware and antivirus protection? Action Plan for Compliance with a Timeline: Compliance Date: 17. Does the Applicant/Bidder review system security logs on computing systems that access 0Yes or store Texas HHS Confidential Information for abnormal activity or security concerns on O No a regular basis? Action Plan for Compliance with a Timeline: Compliance Date: 18. Notwithstanding records retention requirements, does Applicant/Bidder's disposal 0Yes processes for Texas HHS Confidential Information ensure that Texas HHS Confidential O No Information is destroyed so that it is unreadable or undecipherable? Action Plan for Compliance with a Timeline: Compliance Date: 19. Does the Applicant/Bidder ensure that all public facing websites and mobile }Yes applications containing Texas HHS Confidential Information meet security testing O No standards set forth within the Texas Government Code (TGC), Section 2054.516; including requirements for implementing vulnerability and penetration testing and addressing identified vulnerabilities? For more information regarding TGC,Section 2054.516 DATA SECURITYPLAN FOR ONLINEAND MOBILE APPLICATIONS,please refer to: https:lllegiscan.com/TX/textlHB812017 Action Plan for Compliance with a Timeline: Compliance Date: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 11 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 SECTION D: SIGNATURE AND SUBMISSION (to be completed by Applicant/Bidder) Please sign the form digitally, if possible. If you can't, provide a handwritten signature. 1. 1 certify that all of the information provided in this form is truthful and correct to the best of my knowledge. If I learn that any such information was not correct, I agree to notify Texas HHS of this immediately. 2. Signature 3. Title 4. Date: To submit the completed,signed form: • Email the form as an attachmentto the appropriate Texas HHS Contract Manager(s). SectionTo Be Completed by Agency(s): Requesting Department(s): HHSC:� DFPS: DSHS:11 Legal Entity Tax Identification Number(TIN) (Last four Only): PO/Contract(s) #: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 12 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 inia i rout-i iunia run wrvirLr:i nmu THE SECURITY AND PRIVACY INQUIRY (SPI) Below are instructions for Applicants, Bidders and Contractors for Texas Health and Human Services requiring the Attachment 2, Security and Privacy Inquiry (SPI) to the Data Use Agreement (DUA). Instruction item numbers below correspond to sections on the SPI form. If you are a bidderfora new procurement/contract,in orderto participate in the bidding process,you must have corrected any"No" responses (except Aga) prior to the contract award date. If you are an applicant for an open enrollment,you must have corrected any"No"answers (except Aga and A11) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except Aga and A11),an Action Plan for Compliance with a Timeline must be documented in the designated area below the question.The timeline for compliance with HI PAA-related requirements for safeguarding Protected Health Information is 30 calendar days from the date this form is signed. Compliance with requirements related to other types of Confidential Information must be confirmed within 90 calendar days from the date the form is signed. SECTION A. APPLICANT /BIDDER INFORMATION Item#1. Only contractors that access, transmit, store, and/or maintain Texas HHS Confidential Information will complete and email this form as an attachment to the appropriate Texas HHS Contract Manager. Item#2. Entity or Applicant/Bidder Legal Name. Provide the legal name of the business(the name used for legal purposes, like filing a federal or state tax form on behalf of the business, and is not a trade or assumed named "dba"), the legal tax identification number(last four numbers only)of the entity or applicant/bidder,the address of the corporate or main branch of the business, the telephone number where the business can be contacted regarding questions related to the information on this form and the website of the business, if a website exists. Item#3. Number of Employees, at all locations, in Applicant/Bidder's workforce. Provide the total number of individuals,including volunteers,subcontractors, trainees, and other persons who work for the business. If you are the only employee, please answer"1." Item#4. Number of Subcontractors.Provide the total number of subcontractors working for the business. If you have none,please answer "0"zero. Item#5. Number of unduplicated individuals for whom Applicant/Bidder reasonably expects to handle HHS Confidential Information during one year. Select the radio button that corresponds with the number of clients/consumers for whom you expect to handle Texas HHS Confidential Information during a year. Only count clients/consumers once, no matter how many direct services the client receives during a year. Item#5. Name of Information Technology Security Official and Name of Privacy OfficialforApplicant/Bidder.As with all other fields on the SPI, this is a required field. This may be the some person and the owner of the business if such person has the security and privacy knowledge that is required to implement the requirements of the DUA and respond to questions related to the SPI. In 4.A. provide the name, address, telephone number, and email address of the person whom you have designated to answer any security questions found in Section C and in 4.B.provide this information for the person whom you have designated as the person to answer any privacy questions found in Section B. The business may contract out for this expertise;however, designated individual(s)must have knowledge of the business's devices, systems and methods for use, disclosure, creation, receipt, transmission and maintenance of Texas HHS Confidential Information and be willing to be the point of contact for privacy and security questions. Item#6. Type(s)of HHS Confidential Information the Entity or Applicant/Bidder Will Create,Receive, Maintain, Use,Disclose or Have Access to:Provide a complete listing of all Texas HHS Confidential Information that the Contractor will create, receive, maintain, use, disclose or have access to. The DUA section Article 2,Definitions, defines Texas HHS Confidential Information as: "Confidential Information"means any communication or record(whether oral, written,electronically stored or transmitted, or in any other form)provided to or made available to CONTRACTOR or that CONTRACTOR may create, receive, maintain, use, disclose or have access to on behalf of Texas HHS that consists of or includes any or all of the following: (1) Client Information; (2) Protected Health Information in any form including without limitation,Electronic Protected Health Information or Unsecured Protected Health Information; (3)Sensitive Personal Information defined by Texas Business and Commerce Code Ch. 521; SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 13 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 (4) reaeral /ax injormarion; (5) Personally Identifiable Information; (6)Social Security Administration Data, including, without limitation, Medicaid information; (7)All privileged work product; (8)All information designated as confidential under the constitution and laws of the State of Texas and of the United States, including the Texas Health&Safety Code and the Texas Public Information Act, Texas Government Code, Chapter552. Definitions for the following types of confidential information can be found the following sites: • Health Insurance Portability and Accountability Act(HIPAA)-http://www.hhs.gov/hipaa/index.html • Criminal Justice Information Services(CJIS)-https://www.fbi.gov/services/ciis/ciis-security-policy-resource-center • Internal Revenue Service Federal Tax Information(IRS FTI)-https://www.irs.gov/pub/irs-pdflp1075.pdf • CentersforMedicare&MedicaidServices(CMS)-https://www.cros.gov/Regulations-and-Guidance/Regulations-and- Guidonce.html •Social Security Administration (SSA)-https://www.sso.gov/regulations/ • Personally Identifiable Information (PII) -http://csrc.nist.gov/publications/nistpubs/800-122/sp800-122.pdf Item#7.Number of Storage devices for Texas HHS Confidential Information. The total number of devices is automatically calculated by exiting the fields in lines a-d. Use the<Tab>key when exiting the field to prompt calculation, if it doesn't otherwise sum correctly. • Item 7a. Devices.Provide the number of personal user computers, devices,and drives(including mobile devices, laptops, USB drives, and external drives)on which your business stores or will store Texas HHS Confidential Information. • Item 7b. Servers. Provide the number of servers not housed in a data center or "in the cloud,"on which Texas HHS Confidential Information is stored or will be stored.A server is a dedicated computer that provides data or services to other computers. It may provide services or data to systems on a local area network(LAN)or a wide area network(WAN)over the Internet. If none, answer"0"(zero). • Item 7c. Cloud Services.Provide the number of cloud services to which Texas HHS Confidential Information is stored. Cloud Services involve using a network of remote servers hosted on the Internet to store, manage, and process data, rather than on a local server or a personal computer. If none, answer"0"(zero.) • Item 7d. Data Centers. Provide the number of data centers in which you store Texas HHS Confidential Information.A Data Center is a centralized repository,either physical or virtual,for the storage, management, and dissemination of data and information organized around a particular body of knowledge or pertaining to a particular business. If none,answer"0"(zero). Item#8. Number of unduplicated individuals for whom the Applicant/Bidder reasonably expects to handle Texas HHS Confidential Information during one year.Select the radio button that corresponds with the number of clients/consumers for whom you expect to handle Confidential Information during a year. Only count clients/consumers once, no matter how many direct services the client receives during a year. Item#9. HIPAA Business Associate Agreement. • Item#9a.Answer "Yes"if your business will use, disclose, create, receive, transmit, or store information relating to a client/consumer's healthcare on behalf of the Department of State Health Services, the Department of Disability and Aging Services, or the Health and Human Services Commission for treatment, payment, or operation of Medicaid or Medicaid clients. If your contract does not include HIPAA covered information, respond"no."If"no,"a compliance plan is not required. • Item#9b.Answer"Yes"if your business has a notice of privacy practices(a document that explains how you protect and use a client/consumer's healthcare information)displayed either on a website(if one exists for your business)or in your place of business(if that location is open to clients/consumers or the public). If your contract does not include HIPAA covered information, respond "N/A." Item#10.Subcontractors. If your business responded "0"to question 4 (number of subcontractors),Answer "N/A"to Items 10a and 10b to indicate not applicable. • Item#10a.Answer "Yes"if your business requires that all subcontractors sign Attachment 1 of the DUA. • Item#10b.Answer"Yes"if your business obtains Texas HHS approval before permitting subcontractors to handle Texas HHS Confidential Information on your business's behalf. Item#11. Optional Insurance.Answer "yes"if applicant has optional insurance in place to provide coverage for a Breach or any SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 14 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 other situations listed in tnis question. 11 you are not required to have this optional coverage, answer"N/A"A compliance plan is not required. SECTION B. PRIVACY RISK ANALYSIS AND ASSESSMENT Reasonable and appropriate written Privacy and Security policies and procedures are required,even for sole proprietors who are the only employee, to demonstrate how your business will safeguard Texas HHS Confidential Information and respond in the event of a Breach of Texas HHS Confidential Information. To ensure that your business is prepared, all of the items below must be addressed in your written Privacy and Security policies and procedures. Item#1. Answer"Yes" if you have written policies in place for each of the areas(a-o). • Item#1a.Answer"yes" if your business has written policies and procedures that identify everyone, including subcontractors,who are authorized to use Texas HHS Confidential Information.The policies and procedures should also identify the reason why these Authorized Users need to access the Texas HHS Confidential Information and this reason must align with the Authorized Purpose described in the Scope of Work or description of services in the Base Contract with the Texas HHS agency. • Item#1b.Answer"Yes" if your business has written policies and procedures that require your employees (including yourself),your volunteers,your trainees, and any other persons whose work you direct,to comply with the requirements of HIPAA, if applicable, and other confidentiality laws as they relate to your handling of Texas HHS Confidential Information. Refer to the laws and rules that apply, including those referenced in the DUA and Scope of Work or description of services in the Base Contract. • Item#1c. Answer"Yes" if your business has written policies and procedures that limit the Texas HHS Confidential Information you disclose to the minimum necessaryfor your workforce and subcontractors(if applicable)to perform the obligations described in the Scope of Work or service description in the Base Contract. (e.g.,if a client/consumer's Social Security Number is not required for a workforce member to perform the obligations described in the Scope of Work or service description in the Base Contract, then the Social Security Number will not be given to them.) If you are the only employee for your business, policies and procedures must not include a request for, or use of, Texas HHS Confidential Information that is not required for performance of the services. • Item #1d. Answer "Yes" if your business has written policies and procedures that explain how your business would respond to an actual or suspected breach of Texas HHS Confidential Information. The written policies and procedures, at a minimum, must include the three items below. If any response to the three items below are no, answer"no." O Item#1di.Answer"Yes" if your business has written policies and procedures that require your business to immediately notify Texas HHS,the Texas HHS Agency, regulatory authorities,or other required Individuals or Authorities of a Breach as described in Article 4, Section 4 of the DUA. Refer to Article 4, Section 4.01: Initial Notice of Breach must be provided in accordance with Texas HHS and DUA requirements with as much information as possible about the Event/Breach and a name and contact who will serve as the single point of contact with HHS both on and off business hours. Time frames related to Initial Notice include: • within one hour of Discovery of an Event or Breach of Federal Tax Information,Social Security Administration Data, or Medicaid Client Information • within 24 hours of all other types of Texas HHS Confidential Information 48-hour Formal Notice must be provided no later than 48 hours after Discovery for protected health information, sensitive personal information or other non-public information and must include applicable information as referenced in Section 4.01 (C)2. of the DUA. O Item#1dii.Answer"Yes" if your business has written policies and procedures require you to have and follow a written breach response plan as described in Article 4 Section 4.02 of the DUA. O Item#1diii. Answer"Yes" if your business has written policies and procedures require you to notify Reporting Authorities and Individuals whose Texas HHS Confidential Information has been breached as described in Article 4 Section 4.03 of the DUA. • Item#1e.Answer"Yes" if your business has written policies and procedures requiring annual training of your entire workforce on matters related to confidentiality, privacy,and security,stressing the importance of promptly reporting any Event or Breach, outlines the process that you will use to require attendance and track completion for employees who failed to complete annual training. SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 15 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 • Item #1f. Answer "Yes" if your business has written policies and procedures requiring you to allow individuals (clients/consumers)to access their individual record of Texas HHS Confidential Information, and allow them to amend or correct that information, if applicable. • Item#1g.Answer"Yes" if your business has written policies and procedures restricting access to Texas HHS Confidential Information to only persons who have been authorized and trained on how to handle Texas HHS Confidential Information • Item#11h.Answer"Yes" if your business has written policies and procedures requiring sanctioning of any subcontractor, employee,trainee, volunteer, or anyone whose work you direct when they have accessed Texas HHS Confidential Information but are not authorized to do so, and that you have a method of proving that you have sanctioned such an individuals. If you are the only employee, you must demonstrate how you will document the noncompliance, update policies and procedures if needed,and seek additional training or education to prevent future occurrences. • Item#1i.Answer"Yes" if your business has written policies and procedures requiring you to update your policies within 60 days after you have made changes to how you use or disclose Texas HHS Confidential Information. • Item#1j. Answer"Yes" if your business has written policies and procedures requiring you to restrict attempts to take de-identified data and re-identify it or restrict any subcontractor,employee,trainee,volunteer,or anyone whose work you direct,from contacting any individuals for whom you have Texas HHS Confidential Information except to perform obligations under the contract, or with written permission from Texas HHS. • Item#1k.Answer"Yes" if your business has written policies and procedures prohibiting you from using,disclosing, creating, maintaining, storing or transmitting Texas HHS Confidential Information outside of the United States. • Item#11.Answer"Yes" if your business has written policies and procedures requiring your business to cooperate with HHS agencies or federal regulatory entities for inspections,audits,or investigations related to compliance with the DUA or applicable law. • Item#1m.Answer"Yes" if your business has written policies and procedures requiring your business to use appropriate standards and methods to destroy or dispose of Texas HHS Confidential Information. Policies and procedures should comply with Texas HHS requirements for retention of records and methods of disposal. • Item#1n.Answer"Yes" if your business has written policies and procedures prohibiting the publication of the work you created or performed on behalf of Texas HHS pursuant to the DUA,or other Texas HHS Confidential Information, without express prior written approval of the HHS agency. Item#2. Answer"Yes" if your business has a current training program that meets the requirements specified in the SPI for you,your employees, your subcontractors, your volunteers, your trainees, and any other persons under you direct supervision. Item#3.Answer"Yes" if your business has privacy safeguards to protect Texas HHS Confidential Information as described in the SPI. Item#4. Answer"Yes" if your business maintains current lists of persons in your workforce, including subcontractors (if applicable), who are authorized to access Texas HHS Confidential Information. If you are the only person with access to Texas HHS Confidential Information, please answer "yes." Item#5. Answer"Yes" if your business and subcontractors (if applicable) monitor for and remove from the list of Authorized Users, members of the workforce who are terminated or are no longer authorized to handle Texas HHS Confidential Information. If you are the only one with access to Texas HHS Confidential Information, please answer"Yes." SECTION C. SECURITY RISK ANALYSIS AND ASSESSMENT This section is about your electronic systems. If you DO NOT store Texas HHS Confidential Information in electronic systems (e.g., laptop, personal computer, mobile device, database,server, etc.),select the"No Electronic Systems" box and respond "Yes"for all questions in this section. Item#1.Answer"Yes" if your business does not "offshore" or use, disclose, create, receive, transmit or maintain Texas HHS Confidential Information outside of the United States. If you are not certain, contact your provider of technology services (application,cloud, data center, network, etc.) and request confirmation that they do not off- shore their data. SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 16 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 item RL. Answer "Yes" it your business uses a person or company who is knowledgeable in IT security to maintain or oversee the configurations of your business's computing systems and devices.You may be that person, or you may hire someone who can provide that service for you. Item#3. Answer"Yes" if your business monitors and manages access to Texas HHS Confidential Information (i.e., reviews systems to ensure that access is limited to Authorized Users; has formal processes for granting, validating, and reviews the need for remote access to Authorized Users to Texas HHS Confidential Information, etc.). If you are the only employee, answer"Yes" if you have implemented a process to periodically evaluate the need for accessing Texas HHS Confidential Information to fulfill your Authorized Purposes. Item#4. Answer"Yes" if your business has implemented a system for changing the password a system initially assigns to the user(also known as the default password),and requires users to change their passwords at least every 90 days, and prohibits the creation of weak passwords for all computer systems that access or store Texas HHS Confidential Information (e.g., a strong password has a minimum of 8 characters with a combination of uppercase, lowercase, special characters, and numbers, where possible). If your business uses a Microsoft Windows system, refer to the Microsoft website on how to do this, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/password-policy Item#5. Answer"Yes" if your business assigns a unique user name and private password to each of your employees, your subcontractors, your volunteers,your trainees and any other persons under your direct control who will use, disclose, create, receive, transmit or maintain Texas HHS Confidential Information. Item #6. Answer "Yes" if your business locks the access after a certain number of failed attempts to login and after 15 minutes of user inactivity on all computing devices that access or store Texas HHS Confidential Information. If your business uses a Microsoft Windows system, refer to the Microsoft website on how to do this, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/account-lockout-policy Item#7.Answer"Yes" if your business secures, manages, and encrypts remote access, such as: using Virtual Private Network(VPN) software on your home computer to access Texas HHS Confidential Information that resides on a computer system at a business location or, if you use wireless, ensuring that the wireless is secured using a password code. If you do not access systems remotely or over wireless, answer "Yes." Item#8. Answer"Yes" if your business updates the computer security settings for all your computers and electronic systems that access or store Texas HHS Confidential Information to prevent hacking or breaches (e.g., non-essential features or services have been removed or disabled to reduce the threat of breach and to limit opportunities for hackers or intruders to access your system). For example, Microsoft's Windows security checklist: https://docs.microsoft.com/en-us/windows/security/threat-protection/security-policy-settings/how-to-configure-security-policy-settings Item#9.Answer"Yes" if your business secures physical access to computer, paper, or other systems containing Texas HHS Confidential Information from unauthorized personnel and theft (e.g., door locks, cable locks, laptops are stored in the trunk of the car instead of the passenger area, etc.). If you are the only employee and use these practices for your business, answer"Yes." Item#10. Answer"Yes" if your business uses encryption products to protect Texas HHS Confidential Information that is transmitted over a public network(e.g., the Internet, WIFI, etc.) or that is stored on a computer system that is physically or electronically accessible to the public (FIPS 140-2 validated encryption is required for Health Insurance Portability and Accountability Act (HIPAA)data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare & Medicaid Services (CMS) data.) For more information regarding FIPS 140-2 encryption products, please refer to: http://csrc.nist.gov/publications/figs). Item#11. Answer"Yes" if your business stores Texas HHS Confidential Information on encrypted end-user electronic devices (e.g., laptops, USBs,tablets, smartphones, external hard drives, desktops, etc.) and can produce evidence of the encryption, such as, a screen shot or a system report(FIPS 140-2 encryption is required for Health Insurance Portability and Accountability Act (HIPAA) data, Criminal Justice Information Services (CJIS) data, Internal Revenue Service Federal Tax Information (IRS FTI) data, and Centers for Medicare& Medicaid Services (CMS) data). For more information regarding FIPS 140-2 validated encryption products, please refer to: http://csrc.nist.gov/publications/fips). If you do not utilize end-user electronic devices for storing Texas HHS Confidential Information, answer"Yes." SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 17 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID:043ABD07-3CC6-498E-A382-62FA19F37A62 Item#12. Answer"Yes" if your business requires employees,volunteers, trainees and other workforce members to sign a document that clearly outlines their responsibilities for protecting Texas HHS Confidential Information and associated systems containing Texas HHS Confidential Information before they can obtain access. If you are the only employee answer "Yes"if you have signed or are willing to sign the DUA,acknowledging your adherence to requirements and responsibilities. Item #13. Answer"Yes" if your business is willing to perform a criminal background check on employees, subcontractors, volunteers, or trainees who access Texas HHS Confidential Information. If you are the only employee, answer"Yes" if you are willing to submit to a background check. Item#14. Answer"Yes" if your business prohibits the access, creation, disclosure, reception,transmission, maintenance, and storage of Texas HHS Confidential Information on Cloud Services or social media sites if you use such services or sites, and there is a Texas HHS approved subcontractor agreement that includes compliance and liability clauses with the same requirements as the Applicant/Bidder. If you do not utilize Cloud Services or media sites for storing Texas HHS Confidential Information, answer"Yes." Item#15. Answer"Yes" if your business keeps current on security updates/patches (including firmware, software and applications)for computing systems that use, disclose,access,create,transmit, maintain or store Texas HHS Confidential Information. If you use a Microsoft Windows system, refer to the Microsoft website on how to ensure your system is automatically updating, see example: https.,Ilportal.msrc.microsoft.com/en-us/ Item#16.Answer"Yes" if your business's computing systems that use,disclose, access,create,transmit, maintain or store Texas HHS Confidential Information contain up-to-date anti-malware and antivirus protection. If you use a Microsoft Windows system, refer to the Microsoft website on how to ensure your system is automatically updating,see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/ Item #17. Answer "Yes" if your business reviews system security logs on computing systems that access or store Texas HHS Confidential Information for abnormal activity or security concerns on a regular basis. If you use a Microsoft Windows system, refer to the Microsoft website for ensuring your system is logging security events, see example: https://docs.microsoft.com/en-us/windows/security/threat-protection/auditing/basic-security-audit-policies Item#18. Answer"Yes" if your business disposal processes for Texas HHS Confidential Information ensures that Texas HHS Confidential Information is destroyed so that it is unreadable or undecipherable. Simply deleting data or formatting the hard drive is not enough; ensure you use products that perform a secure disk wipe. Please see NIST SP 800-88 R1, Guidelines for Media Sanitization and the applicable laws and regulations for the information type for further guidance. Item#19. Answer"Yes" if your business ensures that all public facing websites and mobile applications containing HHS Confidential Information meet security testing standards set forth within the Texas Government Code (TGC), Section 2054.516 SECTION D. SIGNATURE AND SUBMISSION Click on the signature area to digitally sign the document. Email the form as an attachment to the appropriate Texas HHS Contract Manager. SPI Version 2.1 (06/2018) Texas HHS System-Data Use Agreement-Attachment 2: Page 18 of 18 SECURITY AND PRIVACY INQUIRY(SPI) DvcuSign Certificate Of Completion Envelope Id:043ABD073CC6498EA38262FA19F37A62 Status: Completed Subject: HHS000812700042, Corpus Christi-Nueces County Public Health District(City), IDCU/COVID Contract Source Envelope: Document Pages:92 Signatures:6 Envelope Originator: Certificate Pages:6 Initials:0 CMS Internal Routing Mailbox AutoNav: Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 160.42.85.9 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/3/2022 3:58:03 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Steven Viera CD,,uS!g",dny: Sent:5/3/2022 4:02:37 PM stevev@cctexas.com fwtt"' vive. Viewed:5/3/2022 4:19:04 PM Interim Director of Health 7A198293F923439 Signed:5/16/2022 1:58:40 PM Corpus Christi-Nueces County Public Health Signature Adoption: Pre-selected Style Security Level: Email,Account Authentication (None) Signed by link sent to stevev@cctexas.com Using IP Address: 155.190.8.4 Electronic Record and Signature Disclosure: Accepted:3/1/2022 5:00:47 PM ID:4f8f2f59-1a8a-43c3-a675-dd40eae6c04f Susana Garcia Completed Sent:5/16/2022 1:58:43 PM Susana.Garcia@dshs.texas.gov Resent:5/27/2022 12:43:55 PM CTCM, Unit Director Viewed:6/7/2022 9:58:06 AM DSHS Signed by link sent to Signed:6/13/2022 10:09:38 AM Security Level: Email,Account Authentication Susana.Garcia@dshs.texas.gov (None) Using IP Address: 167.137.1.12 Electronic Record and Signature Disclosure: Accepted:6/13/2022 10:08:31 AM ID:aeab30l3-6734-42aa-a5e4-afcc8defOcOe PATTY MELCHIOR Completed Sent:6/13/2022 10:09:41 AM Patty.Melchior@dshs.texas.gov Resent:6/13/2022 10:10:17 AM Director, DSHS CMS Viewed:6/13/2022 10:30:12 AM Security Level: Email,Account Authentication Signed by link sent to Signed:6/13/2022 10:31:40 AM (None) Patty.Melchior@dshs.texas.gov Using IP Address: 167.137.1.17 Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 Signer Events Signature Timestamp DocuSigned by: Imelda Garcia d Sent:6/13/2022 10:31:43 AM ImeldaM.Garcia@dshs.texas.gov Viewed:6/13/2022 10:42:26 AM Associate Commissioner E, 87AFo32Ao9o24A9 Signed:6/13/2022 10:42:38 AM Texas Health and Human Services Commission Security Level: Email,Account Authentication Signature Adoption: Pre-selected Style (None) Signed by link sent to ImeIdaM.Garcia@dshs.texas.gov Using IP Address: 160.42.85.12 Signed using mobile Electronic Record and Signature Disclosure: Accepted:7/6/2021 8:08:45 AM ID: 1a6909aa-b026-45a9-be9f-4240c2e32ff9 In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Moriam Ojelade �E Sent:5/3/2022 4:02:36 PM moriamO@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Raymond Maylone � Sent:5/3/2022 4:02:36 PM Raymond M2@cctexas.com ED Viewed: 5/3/2022 4:07:35 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Caeli Paradise E Sent:5/3/2022 4:02:36 PM caeli.paradise@dshs.texas.gov Viewed:6/13/2022 11:03:00 AM Contract Manager Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 12/21/2021 2:35:07 PM ID:c6dab47b-ff17-4990-be85-4057f6a41671 Denzel Otokunrin � Sent:5/3/2022 4:02:35 PM denzelo@cctexas.com ED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox �� Sent:6/13/2022 10:42:42 AM CMS.InternalRouting@dshs.texas.gov Resent:6/13/2022 10:42:45 AM DSHS Contract Management Section Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 5/3/2022 4:02:36 PM Certified Delivered Security Checked 6/13/2022 10:42:26 AM Signing Complete Security Checked 6/13/2022 10:42:38 AM Completed Security Checked 6/13/2022 10:42:42 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to:Steven Viera,Susana Garcia, PATTY MELCHIOR, Imelda Garcia, Caeli Paradise ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD),please confirm your agreement by selecting the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a $0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. 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Two Reading Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the "Infectious Disease Prevention and Control Unit-COVID (IDCU-COVID) Grant" from the Texas Department of State Health Services appropriating $951,649.00 into the Health Grants Fund to provide funding in support of Texas Initiative for COVID-19 response activities. City Council August 23, 2022 Background and Staff Recommendation • IDCU-COVID o To be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). Ensure proper COVID-19 response activities are sustained. o September 1, 2022, through August 31, 2024 Background and Staff Recommendation o Total Contract value is $951,649.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council August 23, 2022 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 23, 2022 1852 Second Reading for the City Council Meeting of August 30, 2022 DATE: August 23, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveVCa)-cctexas.com 361-826-3445 Acceptance of the Health Disparities Grant in the amount of $281,785.00 and appropriation of the funds for the contract period September 1, 2022, through May 31, 2023 CAPTION: Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Health Disparities Grant from the Texas Department of State Health Services appropriating $281,785.00 into the Health Grants Fund to provide community engagement in communities disproportionately impacted by COVID-19; and amending the operating budget. SUMMARY: The grant will be used for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services ("DSHS") has awarded a grant contract in the amount of $281,785.00 to provide for personnel costs, supplies, and other expenses to ensure community engagement in communities disproportionately impacted by COVID-19 and to build sustainable relationships with those communities within the jurisdiction of the CCNCPHD. ALTERNATIVES: Refuse the grant and discontinue offering services to assist communities disproportionately affected by COVID-19. FISCAL IMPACT: (Narrative no graphs) There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831841 F Mission Element: 103 COVID19 Response Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001208500001 Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the Health Disparities Grant from the Texas Department of State Health Services appropriating $281,785.00 into the Health Grants Fund to provide community engagement in communities disproportionately impacted by COVID-19; and amending the operating budget. Be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to enter into Contract No. HHS001208500001 (the "Contract') under the Health Disparities Grant with the Department of State Health Services ("DSHS") and the in the amount of$281,785.00 for the period September 1, 2022, through May 31, 2023, to provide funding activities in support of assisting communities impacted by COVID-19 within thejurisdiction of the Corpus Christi-Nueces County Public Health District. SECTION 2. Funds in the amount of$281,785.00 are appropriated from the grant to the Health Grants Fund No. 1066 to be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District SECTION 3. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $281,785.00. SECTION 4. The City Manager or designee is authorized to execute any future amendments to the Contract which extend the contract period or increase or decrease the amount of the grant. SECTION 5. A copy of the executed health grant contract shall be filed in the office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 1 That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001208500001 UNDER THE COVID-19 HEALTH DISPARITIES GRANT PROGRAM The parties to this agreement ("Grant Agreement" or "Contract") are the Department of State Health Services ("System Agency"), and Corpus Christi-Nueces County Public Health District (City) ("Grantee"), having its principal office at 1702 Horne Rd, Corpus Christi, Texas 78416-1902 (each a"Party" and collectively the "Parties"). I. PURPOSE The purpose of this Grant Agreement is to provide funding for the COVID-19 Health Disparities Program. II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to Texas Government Code Chapter 791 and Texas Health and Safety Code Chapters 12 and 121. III. DURATION This Grant Agreement is effective on September 1, 2022 or the signature date of the latter of the Parties to sign this agreement and terminates on May 31, 2023, unless renewed, extended, or terminated pursuant to the terms and conditions of the Grant Agreement. System Agency, at its sole discretion, may extend this Grant Agreement for any period(s) of time,provided the Grant Agreement term, including all extensions or renewals, does not exceed five years. Notwithstanding the limitation in the preceding sentence, System Agency, at its sole discretion, also may extend the Grant Agreement beyond five years as necessary to ensure continuity of service, for purposes of transition, or as otherwise determined by System Agency to serve the best interest of the State. IV. STATEMENT OF WORK The Scope of Grant Project to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as Attachment A. V. BUDGET The total amount of this Grant Agreement will not exceed TOTAL CONTRACT AMOUNT OF$281,785.00. Grantee is not required to provide matching funds. HISS Signature Document-Grantee v 3.0 Effective:October 2021 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 The total not-to-exceed amount includes the following: Total Federal Funds: $281,785.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. VI. REPORTING REQUIREMENTS All reporting requirements under the Grant Agreement will be in accordance with ATTACHMENT A,SCOPE OF GRANT PROJECT. VII. CONTRACT REPRESENTATIVES The following will act as the representative authorized to administer activities under this Grant Agreement on behalf of their respective Party. System A2ency Sandy Clark Department of State Health Services P.O. Box 149347—Mail Code 1990 Austin, Texas 78714-9347 Sandy.clarkgdshs.texas.gov Grantee Denzel Otokunrin Corpus Christi-Nueces County Public Health District(City) 1702 Home Rd. Corpus Christi, Texas 78416-1902 denzel(c,,,cctexas.com VIII. NOTICE REQUIREMENTS A. All notices given by Grantee shall be in writing,include the Grant Agreement contract number, comply with all terms and conditions of the Grant Agreement, and be delivered to the System Agency's Contract Representative identified above. B. Grantee shall send legal notices to System Agency at the address below and provide a copy to the System Agency's Contract Representative: Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe,Mail Code 1100 Austin, Texas 78751 System Agency Grant Agreement,Contract#HHS001208500001 Page 2 of 5 HISS Signature Document-Grantee v 3.0 Effective:October 2021 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 With copy to: Department of State Health Services Attn: General Counsel P.O. Box 149347—MC 1919 Austin, Texas 78714-9347 C. Notices given by System Agency to Grantee may be emailed, mailed or sent by common carrier. Email notices shall be deemed delivered when sent by System Agency. Notices sent by mail shall be deemed delivered when deposited by the System Agency in the United States mail,postage paid, certified, return receipt requested. Notices sent by common carrier shall be deemed delivered when deposited by the System Agency with a common carrier, overnight, signature required. D. Notices given by Grantee to System Agency shall be deemed delivered when received by System Agency. E. Either Party may change its Contract Representative or Legal Notice contact by providing written notice to the other Party. IX. FEDERAL AWARD INFORMATION GRANTEE'S UNIQUE ENTITY IDENTIFIER IS: XETBTPKCL895 Federal funding under this Grant Agreement is a subaward under the following federal award(s). Federal Award Identification Number (FAIN): NH750T000045 A. Assistance Listings Title, Number, and Dollar Amount: • Texas Initiative to Address COVID-19 Health Disparities Among Populations at High-Risk and Underserved, Including Racial and Ethnic Minority Populations and Rural Communities - 1 NH750T000045-01-00 - $2,503,337,474.00 B. Federal Award Date: May 26, 2021 C. Federal Award Period: June 1, 2021 - May 31, 2023 D. Name of Federal Awarding Agency: Centers for Disease Control and Prevention E. Federal Award Project Description: Activities to Support State, Tribal, Local and Territorial (STLT) Health Department Response to Public Health or Healthcare Crises; 93.391 F. Awarding Official Contact Information: Ms. Christine Graaf, khx22cdc.gov, 404-498- 0442 G. Total Amount of Federal Funds Awarded to System Agency: $38,950,306.00 H. Amount of Funds Awarded to Grantee: $281,785.00 L Identification of Whether the Award is for Research and Development: No X. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. System Agency Grant Agreement,Contract#HHS001208500001 Page 3 of 5 HISS Signature Document-Grantee v 3.0 Effective:October 2021 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 Unless expressly stated otherwise in this Grant Agreement, in the event of conflict, ambiguity or inconsistency between or among any documents, all System Agency documents take precedence over Grantee's documents. ATTACHMENT Ell—SCOPE OF GRANT PROJECT ATTACHMENT B—BUDGET ATTACHMENT C—UNIFORM TERMS AND CONDITIONS—GRANT ATTACHMENT D—CONTRACT AFFIRMATIONS ATTACHMENT E—FEDERAL ASSURANCES ATTACHMENT F—CERTIFICATION REGARDING LOBBYING ATTACHMENT G—FFATA CERTIFICATION FORM XI. SIGNATURE AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. Any services or work performed by Grantee before this Grant Agreement is effective or after it ceases to be effective are performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Grant Agreement,Contract#HHS001208500001 Page 4 of 5 HISS Signature Document-Grantee v 3.0 Effective:October 2021 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 SIGNATURE PAGE FOR SYSTEM EXIGENCY GRANT AGREEMENT, CONTRACT No.HHS001208500001 SYSTEM AGENCY GRANTEE DocuSigned by: DocuSigned by: Kirk Cole Shmj- (Ava. Signature Signature Printed Name:-Kirk Cole Printed Name: Steve viera Title: Deputy Commissioner Title: Interim Director of Health Date of Signature: May 30,2022 y g y Date of Signature: May 25,2022 System Agency Grant Agreement,Contract#HHS001208500001 Page 5 of 5 U HS Signature Document-Grantee v 3.0 Effective:October 2021 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT A SCOPE OF GRANT PROJECT L GRANTEE RESPONSIBILITIES To ensure community engagement in communities disproportionately impacted by COVID-19 and to build sustainable relationships in those communities, Grantee will conduct the following activities: A. Submit a workplan within 30 days of the contract's effective date to System Agency, outlining how required activities will be accomplished. System Agency must approve the workplan before Grantee begins work with communities. B. Identify Grantee staff (new and existing) who will serves as Contract leads. Any changes to these staff members must be reported to System Agency in the monthly program report. C. Identify and target communities disproportionately impacted by COVID-19. Grantee will identify the targeted communities and explain how the communities were chosen. D. Engage the targeted communities through: 1. Establishing rapport and developing relationships by spending time in the community and building trust through outreach activities. 2. Listening to community needs by attending community events(e.g.,town halls, listening sessions, interviews, and focus groups). The frequency of those meetings will be identified in the Grantee workplan. 3. Developing a sustainability plan to stay engaged with the community after funding ends. A sustainability plan must be submitted to System Agency no later than April 30, 2023. E. Build sustainable relationships in targeted communities through: 1. Identifying and engaging community partners (e.g.,hospitals, clinics,Federally Qualified Health Centers, community-based organizations, faith-based organizations, and social service agencies). 2. Building cross-sector partnerships (e.g., public health, healthcare, and social services)by meeting with identified partners. The frequency of those meetings will be identified in the Grantee workplan. 3. Documenting community partners by creating a list of partners interested in working on and addressing health disparity initiatives. This list will be shared with System Agency in the monthly report. F. Work with targeted communities to identify and document ideas on how to increase COVID-19 vaccination rates in targeted communities. 1111Sc Grant-v 2.14 Effective:February 1,2019 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 G. Work with targeted communities to design an intervention aimed at addressing a community need identified through community engagement. This intervention should target a risk factor that caused the community to be disproportionately impacted by COVID-19. The intervention design will be shared with System Agency no later than April 30, 2023. H. Develop and implement information sharing and learning opportunities with the targeted communities. I. Participate in and attend System Agency meetings and trainings as deemed necessary by System Agency. J. Submit a monthly program report on the report template to be provided by System Agency by the 15th of each month for the previous month's activities. Submit reports by electronic mail to healthdisparitiesgdshs.texas.gov and to healthdisparitiescros2dshs.texas.gov. The email "Subject Line" and the name of the attached file for all reports should be clearly identified with the Grantee's Name and Contract Number. K. Grantee may not use funds for construction, research, clinical care, fundraising activities, or funding an award to another party or provider who is ineligible. Other than normal and recognized executive-legislative relationships, no funds may be used for: 1. Publicity or propaganda purposes, for the preparation, distribution, or use of any material designed to support or defeat the enactment of legislation before any legislative body; 2. The salary or expenses of any grant or contract recipient, or agent acting for such recipient, related to any activity designed to influence the enactment of legislation, appropriations, regulation, administrative act or Executive order proposed or pending before any legislative body. IL PERFORMANCE MEASURES The System Agency will monitor the Grantee's performance of the requirements in Attachment A and compliance with the Contract's terms and conditions. III. INVOICE AND PAYMENT A. Grantee will request monthly payments using the State of Texas Purchase Voucher (Form B-13) at http://www.dshs.state.tx.us/grants/forms.shtm. The Voucher and any supporting documentation will be mailed or submitted by fax or electronic mail to the address/number below. Department of State Health Services Claims Processing Unit, MC 1940 1100 West 49th Street P.O. Box 149347 Austin, TX 78714-9347 System Agency Contract HHS001208500001 Page 2 of 3 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 FAX: (512) 458-7442 EMAIL: invoi ces9dshs.state.tx.us EMAIL: CMSlnvoicesgdshs.texas. og_v B. Grantee will be paid on a cost reimbursement basis and in accordance with ATTACHMENT B,BUDGET to this Contract. C. Grantee shall maintain all documentation that substantiate invoices and make the documentation available to System Agency upon request. In the event a cost reimbursed under the Contract is later determined to be unallowable, then the Grantee will reimburse System Agency for that cost. D. Grantee will submit biannual Financial Status Reports (FSRs) to System Agency by the last business day of the month following the end of each quarter of the Contract for System Agency review and financial assessment. The quarters are as follows: 1. September 1 February 28 2. March 1 through August 31 E. Grantee will submit a request for reimbursement(HHS Form B-13) as a final close- out invoice not later than forty-five(45) calendar days following the end of the term of the Contract. Reimbursement requests received in the System Agency office more than forty-five (45) calendar days following the termination of the Contract may not be paid. F. Grantee will submit a final FSR as a final close-out FSR not later than forty-five (45) calendar days following the end of the term of the Contract. System Agency Contract HHS001208500001 Page 3 of 3 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT B BUDGET CONTRACT No. HHS001208500001 PERSONNEL $100,000.00 FRINGE BENEFITS $22,000.00 TRAVEL $5,740.00 EQUIPMENT $0.00 SUPPLIES $16,048.00 CONTRACTUAL $65,000.00 OTHER $72,997.00 TOTAL DIRECT CHARGES $281,785.00 INDIRECT CHARGES $0.00 TOTAL $281,785.00 Total reimbursements will not exceed $281,785.00 for the period beginning September 1, 2022, to May 31, 2023. DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT C TEXAS Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.0 Published and Effective — August 2021 Responsible Office: Chief Counsel DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ABOUT THIS DOCUMENT In this document, Grantees(also referred to in this document as subrecipients or contractors)will find requirements and conditions applicable to grant funds administered and passed-through by both the Texas Health and Human Services Commission (HHSC) and the Department of State Health Services(DSHS).These requirements and conditions are incorporated into the Grant Agreement through acceptance by Grantee of any funding award by HHSC or DSHS. The terms and conditions in this document are in addition to all requirements listed in the RFA,if any,under which applications for this grant award are accepted, as well as all applicable federal and state laws and regulations. Applicable federal and state laws and regulations may include,but are not limited to: 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; requirements of the entity that awarded the funds to HHS; Chapter 783 of the Texas Government Code; Texas Comptroller of Public Accounts' agency rules(including Uniform Grant and Contract Standards set forth in Title 34,Part 1, Chapter 20, Subchapter E,Division 4 of the Texas Administrative Code);the Texas Grant Management Standards(TxGMS)developed by the Texas Comptroller of Public Accounts; and the Funding Announcement, Solicitation,or other instrument/documentation under which HHS was awarded funds. HHS,in its sole discretion,reserves the right to add requirements,terms,or conditions. HHS Uniform Terms and Conditions—Grant v 3.0 Effective August 2021 Page 2 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 TABLE OF CONTENTS ARTICLE L DEFINITIONS AND INTERPRETIVE PROVISIONS ........................... 6 1.1 DEFINITIONS ......................................................................................................... 6 1.2 INTERPRETIVE PROVISIONS.................................................................................. 7 ARTICLE II. PAYMENT PROVISIONS......................................................................... 8 2.1 PROMPT PAYMENT................................................................................................ 8 2.2 TAXES.................................................................................................................... 8 2.3 ANCILLARY AND TRAVEL EXPENSES ................................................................... 9 2.4 BILLING................................................................................................................. 9 2.5 USE OF FUNDS ....................................................................................................... 9 2.6 USE FOR MATCH PROHIBITED.............................................................................. 9 2.7 PROGRAM INCOME ............................................................................................... 9 2.8 NONSUPPLANTING................................................................................................. 9 2.9 INDIRECT COST RATES....................................................................................... 10 ARTICLE III. STATE AND FEDERAL FUNDING..................................................... 10 3.1 EXCESS OBLIGATIONS PROHIBITED................................................................... 10 3.2 NO DEBT AGAINST THE STATE........................................................................... 10 3.3 DEBTS AND DELINQUENCIES .............................................................................. 10 3.4 REFUNDS AND OVERPAYMENTS ......................................................................... 10 ARTICLE IV.ALLOWABLE COSTS AND AUDIT REQUIREMENTS.................. 11 4.1 ALLOWABLE COSTS............................................................................................ 11 4.2 AUDITS AND FINANCIAL STATEMENTS............................................................... 11 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS .................................... 12 ARTICLE V.WARRANTY,AFFIRMATIONS,ASSURANCES AND CERTIFICATIONS........................................................................................................... 12 5.1 WARRANTY......................................................................................................... 12 5.2 GENERAL AFFIRMATIONS................................................................................... 13 5.3 FEDERAL ASSURANCES....................................................................................... 13 5.4 FEDERAL CERTIFICATIONS ................................................................................ 13 5.5 STATE ASSURANCES............................................................................................ 13 HHS Uniform Terms and Conditions—Grant v 3.0 Effective August 2021 Page 3 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ARTICLE VI. INTELLECTUAL PROPERTY............................................................. 13 6.1 OWNERSHIP OF WORK PRODUCT....................................................................... 13 6.2 GRANTEE'S PRE-EXISTING WORKS................................................................... 14 6.3 THIRD PARTY IP................................................................................................. 14 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS ............................... 14 6.5 DELIVERY UPON TERMINATION OR EXPIRATION.............................................. 14 6.6 SURVIVAL............................................................................................................ 15 6.7 SYSTEM AGENCY DATA...................................................................................... 15 ARTICLE VII. PROPERTY............................................................................................ 15 7.1 USE OF STATE PROPERTY................................................................................... 15 7.2 DAMAGE TO STATE PROPERTY .......................................................................... 16 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT....... 16 7.4 EQUIPMENT AND PROPERTY............................................................................... 16 ARTICLE VIII. RECORD RETENTION,AUDIT,AND CONFIDENTIALITY..... 17 8.1 RECORD MAINTENANCE AND RETENTION......................................................... 17 8.2 AGENCY'S RIGHT TO AUDIT............................................................................... 17 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS ................... 18 8.4 STATE AUDITOR'S RIGHT TO AUDIT.................................................................. 18 8.5 CONFIDENTIALITY.............................................................................................. 18 ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES...................................................................................................................... 18 9.1 REMEDIES............................................................................................................ 18 9.2 TERMINATION FOR CONVENIENCE .................................................................... 19 9.3 TERMINATION FOR CAUSE ................................................................................. 19 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS.... 20 9.5 INHERENTLY RELIGIOUS ACTIVITIES................................................................ 20 9.6 POLITICAL ACTIVITIES....................................................................................... 20 ARTICLE X. INDEMNITY..............................................................................................21 10.1 GENERAL INDEMNITY......................................................................................... 21 10.2 INTELLECTUAL PROPERTY................................................................................. 21 10.3 ADDITIONAL INDEMNITY PROVISIONS............................................................... 21 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.0 Effective August 2021 Page 4 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 22 11.5 INSURANCE AND BONDS...................................................................................... 23 11.6 LIMITATION ON AUTHORITY.............................................................................. 23 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS............................................ 24 11.8 SUBCONTRACTORS.............................................................................................. 24 11.9 PERMITTING AND LICENSURE ............................................................................ 24 11.10 INDEPENDENT CONTRACTOR ............................................................................. 24 11.11 GOVERNING LAW AND VENUE ........................................................................... 25 11.12 SEVERABILITY..................................................................................................... 25 11.13 SURVIVABILITY................................................................................................... 25 11.14 FORCE MA.IEURE ................................................................................................ 25 11.15 NO IMPLIED WAIVER OF PROVISIONS ............................................................... 25 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 25 11.17 MEDIA RELEASES ............................................................................................... 26 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS ............................................. 26 11.19 SOVEREIGN IMMUNITY....................................................................................... 26 11.20 ENTIRE CONTRACT AND MODIFICATION........................................................... 27 11.21 COUNTERPARTS.................................................................................................. 27 11.22 PROPER AUTHORITY........................................................................................... 27 11.23 E-VERIFY PROGRAM .......................................................................................... 27 11.24 CIVIL RIGHTS...................................................................................................... 27 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS ................................. 28 11.26 DISCLOSURE OF LITIGATION.............................................................................. 28 11.27 NO THIRD PARTY BENEFICIARIES ..................................................................... 29 11.28 BINDING EFFECT................................................................................................. 29 HHS Uniform Terms and Conditions-Grant v 3.0 Effective August 2021 Page 5 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ARTICLE I. DEFINITIONS AND INTERPRETIVE PROVISIONS 1.1 DEFINITIONS As used in this Grant Agreement, unless a different definition is specified, or the context clearly indicates otherwise, the following terms and conditions have the meanings assigned below: "Amendment" means a written agreement, signed by the Parties, which documents changes to the Grant Agreement. "Contract"or"Grant Agreement"means the agreement entered into by the Parties, including the Signature Document,these Uniform Terms and Conditions,along with any attachments and amendments that may be issued by the System Agency. "Deliverables" means the goods, services, and work product, including all reports and project documentation, required to be provided by Grantee to the System Agency. "DSHS" means the Department of State Health Services. "Effective Date" means the date on which the Grant Agreement takes effect. "Federal Fiscal Year" means the period beginning October 1 and ending September 30 each year, which is the annual accounting period for the United States government. "GAAP" means Generally Accepted Accounting Principles. "GASB" means the Governmental Accounting Standards Board. "Grantee" means the Party receiving funds under this Grant Agreement. May also be referred to as "subrecipient" or "contractor" in this document. "HHSC" means the Texas Health and Human Services Commission. "Health and Human Services" or"HHS" includes HHSC and DSHS. "Intellectual Property. Rights"means the worldwide proprietary rights or interests, including patent, copyright, trade secret, and trademark rights, as such right may be evidenced by or embodied in: i. any idea, design, concept,personality right, method,process, technique, apparatus, invention, discovery, or improvement; ii. any work of authorship, including any compilation, computer code, website or web page design, literary work,pictorial work, or graphic work; iii. any trademark, service mark, trade dress, trade name, branding, or other indicia of source or origin; iv. domain name registrations; and v. any other proprietary or similar rights. The Intellectual Property Rights of a Party include all worldwide proprietary rights or interests that the Party may have acquired by assignment,by exclusive license, or by license with the right to grant sublicenses. "Parties" means the System Agency and Grantee, collectively. "Pte" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 6 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 "Project"means specific activities of the Grantee that are supported by funds provided under this Grant Agreement. "Signature Document" means the document executed by all Parties for this Grant Agreement. "Solicitation," "Funding Announcement" or"Request for Applications (RFA)" means the document(including all exhibits, attachments, and published addenda), issued by the System Agency under which applications for grant funds were requested, which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "Solicitation Response" or"Application" means Grantee's full and complete Solicitation response (including any attachments and addenda), which is incorporated by reference in the Grant Agreement for all purposes in its entirety. "State Fiscal Year" means the period beginning September 1 and ending August 31 each year,which is the annual accounting period for the State of Texas. "State of Texas Textravel" means the Texas Comptroller of Public Accounts' state travel rules,policies, and guidelines. "Statement of Work"means the description of activities Grantee mustperform to complete the Project, as specified in the Grant Agreement and as may be amended. "System Agency"means HHSC or DSHS,as applicable. "Work Product" means any and all works, including work papers, notes, materials, approaches, designs, specifications, systems, innovations, improvements, inventions, software,programs, source code, documentation, training materials, audio or audiovisual recordings, methodologies, concepts, studies, reports, whether finished or unfinished, and whether or not included in the deliverables, that are developed,produced, generated or provided by Grantee in connection with Grantee's performance of its duties under the Grant Agreement or through use of any funding provided under this Grant Agreement. "Texas Grant Management Standards" or"TxGMS" means uniform grant and contract administration procedures, developed under the authority of Chapter 783 of the Texas Government Code, to promote the efficient use of public funds in local government and in programs requiring cooperation among local, state, and federal agencies. Under this Grant Agreement, TxGMS applies to Grantee except as otherwise provided by applicable law or directed by System Agency. Additionally, except as otherwise provided by applicable law, in the event of a conflict between TxGMS and applicable federal or state law, federal law prevails over state law and state law prevails over TxGMS. 1.2 INTERPRETIVE PROVISIONS A. The meanings of defined terms include the singular and plural forms. B. The words "hereof,""herein," "hereunder," and similar words refer to this Grant Agreement as a whole and not to any particular provision, section, attachment, or schedule of this Grant Agreement unless otherwise specified. C. The term "including" is not limiting and means "including without limitation" and, unless otherwise expressly provided in this Grant Agreement, (i)references to contracts HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 7 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 (including this Grant Agreement) and other contractual instruments shall be deemed to include all subsequent Amendments and other modifications, but only to the extent that such Amendments and other modifications are not prohibited by the terms of this Grant Agreement, and (ii)references to any statute or regulation are to be construed as including all statutory and regulatory provisions consolidating, amending, replacing, supplementing, or interpreting the statute or regulation. D. Any references to agreements, contracts, statutes, or administrative rules or regulations in the Grant Agreement are references to these documents as amended, modified, or supplemented during the term of the Grant Agreement. E. The captions and headings of this Grant Agreement are for convenience of reference only and do not affect the interpretation of this Grant Agreement. F. All attachments, including those incorporated by reference, and any Amendments are considered part of the terms of this Grant Agreement. G. This Grant Agreement may use several different limitations, regulations, or policies to regulate the same or similar matters. All such limitations, regulations, and policies are cumulative. H. Unless otherwise expressly provided, reference to any action of the System Agency or by the System Agency by way of consent, approval, or waiver will be deemed modified by the phrase "in its sole discretion." I. Time is of the essence in this Grant Agreement. J. Prior to execution of the Grant Agreement, Grantee must notify System Agency's designated contact in writing of any ambiguity, conflict, discrepancy, omission, or other error. If Grantee fails to notify the System Agency designated contact of any ambiguity, conflict, discrepancy, omission or other error in the Grant Agreement prior to Grantee's execution of the Grant Agreement, Grantee: i. Shall have waived any claim of error or ambiguity in the Grant Agreement; and ii. Shall not contest the interpretation by the System Agency of such provision(s). No grantee will be entitled to additional reimbursement, relief, or time by reason of any ambiguity, conflict, discrepancy, exclusionary specification, omission, or other error or its later correction. ARTICLE II. PAYMENT PROVISIONS 2.1 PROMPT PAYMENT Payment shall be made in accordance with Chapter 2251 of the Texas Government Code, commonly known as the Texas Prompt Payment Act. Chapter 2251 of the Texas Government Code shall govern remittance of payment and remedies for late payment and non-payment. 2.2 TAXES Grantee represents and warrants that it shall pay all taxes or similar amounts resulting from the Grant Agreement, including, but not limited to, any federal, State, or local income, sales or excise taxes of Grantee or its employees. System Agency shall not be liable for any taxes resulting from the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 8 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 2.3 ANCILLARY AND TRAVEL EXPENSES A. Except as otherwise provided in the Grant Agreement, no ancillary expenses incurred by the Grantee in connection with its provision of the services or deliverables will be reimbursed by the System Agency. Ancillary expenses include,but are not limited to, costs associated with transportation, delivery, and insurance for each deliverable. B. Except as otherwise provided in the Grant Agreement, when the reimbursement of travel expenses is authorized by the Grant Agreement, all such expenses will be reimbursed in accordance with the rates set by the Texas Comptroller's Textravel guidelines, which can currently be accessed at: https://fmx.cpa.texas.gov/fmx/travel/textravel/. 2.4 BILLING Unless otherwise provided in the Grant Agreement, Grantee shall bill the System Agency in accordance with the Grant Agreement. Unless otherwise specified in the Grant Agreement, Grantee shall submit requests for reimbursement or payment monthly by the last business day of the month following the month in which expenses were incurred or services provided. Grantee shall maintain all documentation that substantiates invoices and make the documentation available to the System Agency upon request. 2.5 USE OF FUNDS Grantee shall expend funds under this Grant Agreement only for approved services and for reasonable and allowable expenses directly related to those services. 2.6 USE FOR MATCH PROHIBITED Grantee shall not use funds provided under this Grant Agreement for matching purposes in securing other funding without the written approval of the System Agency. 2.7 PROGRAM INCOME Program income refers to gross income directly generated by a supporting activity during the period of performance. Unless otherwise required under the Grant Agreement, Grantee shall use Program Income, as provided in TxGMS, to further the Project, and Grantee shall spend the Program Income on the Project. Grantee shall identify and report Program Income in accordance with the Grant Agreement, applicable law, and any programmatic guidance. Grantee shall expend Program Income during the Grant Agreement term, when earned, and may not carry Program Income forward to any succeeding term. Grantee shall refund Program Income to the System Agency if the Program Income is not expended in the term in which it is earned. The System Agency may base future funding levels, in part, upon Grantee's proficiency in identifying, billing, collecting, and reporting Program Income, and in using Program Income for the purposes and under the conditions specified in this Grant Agreement. 2.8 NONSUPPLANTING Grant funds must be used to supplement existing, new or corresponding programming and related activities. Grant funds may not be used to supplant(replace) existing funds that have been appropriated, allocated, or disbursed for the same purpose. System Agency may conduct Grant monitoring or audits may be conducted to review, among other things, Grantee's compliance with this provision. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 9 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 2.9 INDIRECT COST RATES The System Agency may acknowledge an indirect cost rate for Grantees that is utilized for all applicable Grant Agreements. For subrecipients receiving federal funds, indirect cost rates will be determined in accordance with applicable law including, but not limited to, 2 CFR 200.414(f). For recipients receiving state funds, indirect costs will be determined in accordance with applicable law including, but not limited to, TxGMS. Grantees funded with blended federal and state funding will be subject to both state and federal requirements when determining indirect costs. In the event of a conflict between TxGMS and applicable federal law or regulation, the provisions of federal law or regulation will apply.-Grantee will provide any necessary financial documents to determine the indirect cost rate in accordance with the Uniform Grant Guidance (UGG) and TxGMS. ARTICLE III. STATE AND FEDERAL FUNDING 3.1 EXCESS OBLIGATIONS PROHIBITED This Grant Agreement is subject to termination or cancellation, without penalty to System Agency, either in whole or in part, subject to the availability and actual receipt by System Agency of state or federal funds. System Agency is a state agency whose authority and appropriations are subject to actions of the Texas Legislature. If System Agency becomes subject to a legislative change,revocation of statutory authority, or lack of appropriated funds that would render either System Agency's or Grantee's delivery or performance under the Grant Agreement impossible or unnecessary, the Grant Agreement will be terminated or cancelled and be deemed null and void. In the event of a termination or cancellation under this Section, System Agency will not be liable to Grantee for any damages that are caused or associated with such termination or cancellation, and System Agency will not be required to give prior notice. Additionally, System Agency will not be liable to Grantee for any remaining unpaid funds under this Grant Agreement at time of termination. 3.2 NO DEBT AGAINST THE STATE This Grant Agreement will not be construed as creating any debt by or on behalf of the State of Texas. 3.3 DEBTS AND DELINQUENCIES Grantee agrees that any payments due under the Grant Agreement shall be directly applied towards eliminating any debt or delinquency it has to the State of Texas including,but not limited to, delinquent taxes, delinquent student loan payments, and delinquent child support during the entirety of the Grant Agreement term. 3.4 REFUNDS AND OVERPAYMENTS A. At its sole discretion, the System Agency may (i)withhold all or part of any payments to Grantee to offset overpayments, unallowable or ineligible costs made to the Grantee, or if any required financial status report(s)is not submitted by the due date(s); or(ii)require Grantee to promptly refund or credit-within thirty (30) calendar days of written notice— to System Agency any funds erroneously paid by System Agency which are not expressly authorized under the Grant Agreement. B. "Overpayments" as used in this Section include payments (i) made by the System HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 10 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 Agency that exceed the maximum allowable rates; (ii)that are not allowed under applicable laws,rules, or regulations; or(iii)that are otherwise inconsistent with this Grant Agreement, including any unapproved expenditures. Grantee understands and agrees that it shall be liable to the System Agency for any costs disallowed pursuant to financial and compliance audit(s) of funds received under this Grant Agreement. Grantee further understands and agrees that reimbursement of such disallowed costs shall be paid by Grantee from funds which were not provided or otherwise made available to Grantee under this Grant Agreement. ARTICLE IV. ALLOWABLE COSTS AND AUDIT REQUIREMENTS 4.1 ALLOWABLE COSTS A. Allowable Costs are restricted to costs that are authorized under Texas Uniform Grant Management Standards (TxGMS) and applicable state and federal rules and laws. This Grant Agreement is subject to all applicable requirements of TxGMS, including the criteria for Allowable Costs. Additional federal requirements apply if this Grant Agreement is funded, in whole or in part, with federal funds. B. System Agency will reimburse Grantee for actual, allowable, and allocable costs incurred by Grantee in performing the Project,provided the costs are sufficiently documented. Grantee must have incurred a cost prior to claiming reimbursement and within the applicable term to be eligible for reimbursement under this Grant Agreement. At its sole discretion, the System Agency will determine whether costs submitted by Grantee are allowable and eligible for reimbursement. The System Agency may take repayment (recoup) from remaining funds available under this Grant Agreement in amounts necessary to fulfill Grantee's repayment obligations. Grantee and all payments received by Grantee under this Grant Agreement are subject to applicable cost principles, audit requirements, and administrative requirements including applicable provisions under 2 CFR 200, 48 CFR Part 31, and TxGMS. C. OMB Circulars will be applied with the modifications prescribed by TxGMS with effect given to whichever provision imposes the more stringent requirement in the event of a conflict. 4.2 AUDITS AND FINANCIAL STATEMENTS A. Audits i. Grantee understands and agrees that Grantee is subject to any and all applicable audit requirements found in state or federal law or regulation or added by this Grant Agreement ii. HHS Single Audit Unit will notify Grantee to complete the Single Audit Determination Form. If Grantee fails to complete the form within thirty (30) calendar days after receipt of notice, Grantee maybe subject to sanctions and remedies for non-compliance. iii. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in federal funds awarded, Grantee shall have a single audit or program-specific audit in accordance with 2 CFR 200. The federal threshold amount includes federal funds passed through by way of state agency awards. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 11 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 iv. If Grantee, within Grantee's fiscal year, expends at least SEVEN HUNDRED FIFTY THOUSAND DOLLARS ($750,000) in state funds awarded, Grantee shall have a single audit or program-specific audit in accordance with TxGMS. The audit must be conducted by an independent certified public accountant and in accordance with 2 CFR 200, Government Auditing Standards, and TxGMS. v. For-profit Grantees whose expenditures meet or exceed the federal or state expenditure thresholds stated above shall follow the guidelines in 2 CFR 200 or TxGMS, as applicable, for their program-specific audits. vi. Each Grantee required to obtain a single audit must competitively re-procure single audit services once every six years. Grantee shall procure audit services in compliance with this section, state procurement procedures, as well as with applicable provisions of 2 CFR 200 and TxGMS. B. Financial Statements. Each Grantee that does not meet the expenditure threshold for a single audit or program- specific audit, must provide financial statements for the audit period. 4.3 SUBMISSION OF AUDITS AND FINANCIAL STATEMENTS A. Audits. Due the earlier of 30 days after receipt of the independent certified public accountant's report or nine months after the end of the fiscal year, Grantee shall submit one electronic copy of the single audit or program-specific audit to the System Agency via: i. HHS portal at hLtps://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_report(a�hhsc.state.tx.us. B. Financial Statements. Due no later than nine months after the Grantee's fiscal year-end, Grantees not required to submit an audit, shall submit one electronic copy of their financial statements via: i. HHS portal at https://hhsportal.hhs.state.tx.us/heartwebextr/hhscSau; or, ii. Email to: single audit reportghhsc.state.tx.us. ARTICLE V. WARRANTY, AFFIRMATIONS, ASSURANCES AND CERTIFICATIONS 5.1 WARRANTY Grantee warrants that all work under this Grant Agreement shall be completed in a manner consistent with standards under the terms of this Grant Agreement, in the applicable trade, profession, or industry; shall conform to or exceed the specifications set forth in the Grant Agreement; and all deliverables shall be fit for ordinary use,of good quality, and with no material defects. If System Agency, in its sole discretion, determines Grantee has failed to complete work timely or to perform satisfactorily under conditions required by this Grant Agreement, the System Agency may require Grantee, at its sole expense, to: i. Repair or replace all defective or damaged work; ii. Refund any payment Grantee received from System Agency for all defective or damaged work and, in conjunction therewith, require Grantee to accept the return of such work; and, iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 12 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 5.2 GENERAL AFFIRMATIONS Grantee certifies that, to the extent affirmations are incorporated into the Grant Agreement, the Grantee has reviewed the affirmations and that Grantee is in compliance with all requirements. 5.3 FEDERAL ASSURANCES Grantee further certifies that, to the extent federal assurances are incorporated into the Grant Agreement, the Grantee has reviewed the federal assurances and that Grantee is in compliance with all requirements. 5.4 FEDERAL CERTIFICATIONS Grantee further certifies that, to the extent federal certifications are incorporated into the Grant Agreement, the Grantee has reviewed the federal certifications and that Grantee is in compliance with all requirements. In addition, Grantee certifies that it is in compliance with all applicable federal laws,rules, and regulations, as they may pertain to this Grant Agreement. 5.5 STATE ASSURANCES Except to the extent of any conflict under applicable law or requirements or guidelines of any federal awarding agency from which funding for this Grant Agreement originated, the Grantee must comply with the applicable state assurances included within the TxGMS which are incorporated here by reference. ARTICLE VI. INTELLECTUAL PROPERTY 6.1 OWNERSHIP OF WORK PRODUCT A. All right, title, and interest in the Work Product, including all Intellectual Property Rights therein,is exclusively owned by System Agency. Grantee and Grantee's employees will have no rights in or ownership of the Work Product or any other property of System Agency. B. Any and all Work Product that is copyrightable under United States copyright law is deemed to be "work made for hire" owned by System Agency, as provided by Title 17 of the United States Code. To the extent that Work Product does not qualify as a"work made for hire"under applicable federal law, Grantee hereby irrevocably assigns and transfers to System Agency, its successors and assigns, the entire right, title, and interest in and to the Work Product, including any and all Intellectual Property Rights embodied therein or associated therewith, and in and to all works based upon, derived from, or incorporating the Work Product, and in and to all income,royalties, damages, claims and payments now or hereafter due or payable with respect thereto, and in and to all causes of action, either in law or in equity for past,present or future infringement based on the copyrights,and in and to all rights corresponding to the foregoing. C. Grantee agrees to execute all papers and to perform such other acts as System Agency may deem necessary to secure for System Agency or its designee the rights herein assigned. D. In the event that Grantee has any rights in and to the Work Product that cannot be assigned to System Agency, Grantee hereby grants to System Agency an exclusive, worldwide, royalty-free, transferable, irrevocable, and perpetual license, with the right to HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 13 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 sublicense, to reproduce, distribute, modify, create derivative works of, publicly perform and publicly display, make, have made, use, sell and offer for sale the Work Product and any products developed by practicing such rights. E. The foregoing does not apply to Incorporated Pre-existing Works or Third Party IP that are incorporated in the Work Product by Grantee. Grantee shall provide System Agency access during normal business hours to all Grantee materials,premises, and computer files containing the Work Product. 6.2 GRANTEE'S PRE-EXISTING WORKS A. To the extent that Grantee incorporates into the Work Product any works of Grantee that were created by Grantee or that Grantee acquired rights in prior to the Effective Date of this Grant Agreement("Incorporated Pre-existing Works"), Grantee retains ownership of such Incorporated Pre-existing Works. B. Grantee hereby grants to System Agency an irrevocable,perpetual,non-exclusive, royalty-free,transferable,worldwide right and license, with the right to sublicense, to use, reproduce, modify, copy, create derivative works of,publish,publicly perform and display, sell, offer to sell, make and have made, the Incorporated Pre-existing Works, in any medium, with or without the associated Work Product. C. Grantee represents, warrants, and covenants to System Agency that Grantee has all necessary right and authority to grant the foregoing license in the Incorporated Pre- existing Works to System Agency. 6.3 THIRD PARTY IP A. To the extent that any Third Party IP is included or incorporated in the Work Product by Grantee,Grantee hereby grants to System Agency, or shall obtain from the applicable third party for System Agency's benefit, the irrevocable,perpetual, non-exclusive, worldwide, royalty-free right and license, for System Agency's internal business or governmental purposes only, to use, reproduce, display, perform, distribute copies of, and prepare derivative works based upon such Third Party IP and any derivative works thereof embodied in or delivered to System Agency in conjunction with the Work Product, and to authorize others to do any or all of the foregoing. B. Grantee shall obtain System Agency's advance written approval prior to incorporating any Third Party IP into the Work Product, and Grantee shall notify System Agency on delivery of the Work Product if such materials include any Third Party IP. C. Grantee shall provide System Agency all supporting documentation demonstrating Grantee's compliance with this Section 6.3,including without limitation documentation indicating a third party's written approval for Grantee to use any Third Party IP that may be incorporated in the Work Product. 6.4 AGREEMENTS WITH EMPLOYEES AND SUBCONTRACTORS Grantee shall have written, binding agreements with its employees and subcontractors that include provisions sufficient to give effect to and enable Grantee's compliance with Grantee's obligations under this Article VI, Intellectual Property. 6.5 DELIVERY UPON TERMINATION OR EXPIRATION No later than the first calendar day after the termination or expiration of the Grant Agreement or upon System Agency's request, Grantee shall deliver to System Agency all completed, or HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 14 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 partially completed, Work Product, including any Incorporated Pre-existing Works, and any and all versions thereof. Grantee's failure to timely deliver such Work Product is a material breach of the Grant Agreement. Grantee will not retain any copies of the Work Product or any documentation or other products or results of Grantee's activities under the Grant Agreement without the prior written consent of System Agency. 6.6 SURVIVAL The provisions and obligations of this Article survive any termination or expiration of the Grant Agreement. 6.7 SYSTEM AGENCY DATA A. As between the Parties, all data and information acquired, accessed, or made available to Grantee by, through, or on behalf of System Agency or System Agency contractors, including all electronic data generated,processed, transmitted, or stored by Grantee in the course of providing data processing services in connection with Grantee's performance hereunder(the"System Agency Data"), is owned solely by System Agency. B. Grantee has no right or license to use, analyze, aggregate,transmit, create derivatives of, copy, disclose, or process the System Agency Data except as required for Grantee to fulfill its obligations under the Grant Agreement or as authorized in advance in writing by System Agency. C. For the avoidance of doubt, Grantee is expressly prohibited from using, and from permitting any third party to use, System Agency Data for marketing, research, or other non-governmental or commercial purposes, without the prior written consent of System Agency. D. Grantee shall make System Agency Data available to System Agency, including to System Agency's designated vendors, as directed in writing by System Agency. The foregoing shall be at no cost to System Agency. E. Furthermore, the proprietary nature of Grantee's systems that process, store, collect, and/or transmit the System Agency Data shall not excuse Grantee's performance of its obligations hereunder. ARTICLE VII. PROPERTY 7.1 USE OF STATE PROPERTY A. Grantee is prohibited from using State Property for any purpose other than performing Services authorized under the Grant Agreement. B. State Property includes, but is not limited to, System Agency's office space, identification badges, System Agency information technology equipment and networks (e.g., laptops,portable printers, cell phones, iPads or tablets, external hard drives, data storage devices, any System Agency-issued software, and the System Agency Virtual Private Network(VPN client)), and any other resources of System Agency. C. Grantee shall not remove State Property from the continental United States. In addition, Grantee may not use any computing device to access System Agency's network or e- mail while outside of the continental United States. D. Grantee shall not perform any maintenance services on State Property unless the Grant Agreement expressly authorizes such Services. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 15 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 E. During the time that State Property is in the possession of Grantee, Grantee shall be responsible for: i. all repair and replacement charges incurred by State Agency that are associated with loss of State Property or damage beyond normal wear and tear, and ii. all charges attributable to Grantee's use of State Property that exceeds the Grant Agreement scope. Grantee shall fully reimburse such charges to System Agency within ten(10) calendar days of Grantee's receipt of System Agency's notice of amount due. Use of State Property for a purpose not authorized by the Grant Agreement shall constitute breach of contract and may result in termination of the Grant Agreement and the pursuit of other remedies available to System Agency under contract, at law, or in equity. 7.2 DAMAGE TO STATE PROPERTY A. In the event of loss,destruction, or damage to any System Agency or State of Texas owned, leased, or occupied property or equipment by Grantee or Grantee's employees, agents, Subcontractors, or suppliers, Grantee shall be liable to System Agency and the State of Texas for the full cost of repair, reconstruction, or replacement of the lost, destroyed, or damaged property. B. Grantee shall notify System Agency of the loss, destruction, or damage of equipment or property within one (1)business day. Grantee shall reimburse System Agency and the State of Texas for such property damage within ten(10) calendar days after Grantee's receipt of System Agency's notice of amount due. 7.3 PROPERTY RIGHTS UPON TERMINATION OR EXPIRATION OF CONTRACT In the event the Grant Agreement is terminated for any reason or expires, State Property remains the property of the System Agency and must be returned to the System Agency by the earlier of the end date of the Grant Agreement or upon System Agency's request. 7.4 EQUIPMENT AND PROPERTY A The Grantee must ensure equipment with a per-unit cost of$5,000 or greater purchased with grant funds under this award is used solely for the purpose of this Grant or is properly pro-rated for use under this Grant. Grantee must have control systems to prevent loss, damage, or theft of property funded under this Grant. Grantee shall maintain equipment management and inventory procedures for equipment, whether acquired in part or whole with grant funds, until disposition occurs. R When equipment acquired by Grantee under this Grant Agreement is no longer needed for the original project or for other activities currently supported by System Agency, the Grantee must properly dispose of the equipment pursuant to 2 CFR and/or TxGMS, as applicable. Upon termination of this Grant Agreement, use and disposal of equipment by the Grantee shall conform with TxGMS requirements. C. Grantee shall initiate the purchase of all equipment approved in writing by the System Agency in accordance with the schedule approved by System Agency, as applicable. Failure to timely initiate the purchase of equipment may result in the loss of availability of funds for the purchase of equipment. Requests to purchase previously approved equipment after the first quarter in the Grant Agreement must be submitted to the assigned System Agency contract manager. D Controlled Assets include firearms, regardless of the acquisition cost, and the following HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 16 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 assets with an acquisition cost of$500 or more, but less than $5,000: desktop and laptop computers (including notebooks, tablets and similar devices), non-portable printers and copiers, emergency management equipment, communication devices and systems, medical and laboratory equipment, and media equipment. Controlled Assets are considered supplies. E System Agency funds must not be used to purchase buildings or real property without prior written approval from System Agency. Any costs related to the initial acquisition of the buildings or real property are not allowable without written pre-approval. ARTICLE VIII. RECORD RETENTION, AUDIT, AND CONFIDENTIALITY 8.1 RECORD MAINTENANCE AND RETENTION A. Grantee shall keep and maintain under GAAP or GASB, as applicable, full, true, and complete records necessary to fully disclose to the System Agency, the Texas State Auditor's Office, the United States Government, and their authorized representatives sufficient information to determine compliance with the terms and conditions of this Grant Agreement and all state and federal rules, regulations, and statutes. B. Grantee shall maintain and retain legible copies of this Grant Agreement and all records relating to the performance of the Grant Agreement, including supporting fiscal documents adequate to ensure that claims for grant funds are in accordance with applicable State of Texas requirements. These records shall be maintained and retained by the Grantee for a minimum of seven (7) years after the Grant Agreement expiration date or seven (7) years after all audits, claims, litigation or disputes involving the Grant Agreement are resolved, whichever is later. 8.2 AGENCY'S RIGHT TO AUDIT A. Grantee shall make available at reasonable times and upon reasonable notice, and for reasonable periods, work papers, reports, books, records, supporting documents kept current by Grantee pertaining to the Grant Agreement for purposes of inspecting, monitoring, auditing, or evaluating by System Agency and the State of Texas. B. In addition to any right of access arising by operation of law, Grantee and any of Grantee's affiliate or subsidiary organizations, or Subcontractors shall permit the System Agency or any of its duly authorized representatives, as well as duly authorized federal, state or local authorities, unrestricted access to and the right to examine any site where business is conducted or services are performed, and all records, which includes but is not limited to financial, client and patient records, books,papers or documents related to this Grant Agreement. If the Grant Agreement includes federal funds, federal agencies that shall have a right of access to records as described in this section include: the federal agency providing the funds, the Comptroller General of the United States, the General Accounting Office, the Office of the Inspector General, and any of their authorized representatives. In addition, agencies of the State of Texas that shall have a right of access to records as described in this section include: the System Agency, HHS's contracted examiners, the State Auditor's Office, the Office of the Texas Attorney General, and any successor agencies. Each of these entities may be a duly authorized authority. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 17 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 C. If deemed necessary by the System Agency or any duly authorized authority, for the purpose of investigation or hearing, Grantee shall produce original documents related to this Grant Agreement. D. The System Agency and any duly authorized authority shall have the right to audit billings both before and after payment, and all documentation that substantiates the billings. E. Grantee shall include this provision concerning the right of access to, and examination of, sites and information related to this Grant Agreement in any Subcontract it awards. 8.3 RESPONSE/COMPLIANCE WITH AUDIT OR INSPECTION FINDINGS A. Grantee must act to ensure its and its Subcontractors' compliance with all corrections necessary to address any finding of noncompliance with any law, regulation, audit requirement, or generally accepted accounting principle, or any other deficiency identified in any audit, review, or inspection of the Grant Agreement and the services and Deliverables provided. Any such correction will be at Grantee's or its Subcontractor's sole expense. Whether Grantee's action corrects the noncompliance shall be solely the decision of the System Agency. B. As part of the services, Grantee must provide to HHS upon request a copy of those portions of Grantee's and its Subcontractors'internal audit reports relating to the services and Deliverables provided to the State under the Grant Agreement. 8.4 STATE AUDITOR'S RIGHT TO AUDIT The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement. The acceptance of funds directly under the Grant Agreement or indirectly through a subcontract under the Grant Agreement acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee,to conduct an audit or investigation in connection with those funds.Under the direction of the legislative audit committee, an entity that is the subject of an audit or investigation by the state auditor must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 8.5 CONFIDENTIALITY Grantee shall maintain as confidential and shall not disclose to third parties without System Agency's prior written consent, any System Agency information including but not limited to System Agency's business activities,practices, systems, conditions and services. This section will survive termination or expiration of this Grant Agreement. This requirement must be included in all subcontracts awarded by Grantee. ARTICLE IX. GRANT REMEDIES, TERMINATION AND PROHIBITED ACTIVITIES 9.1 REMEDIES A To ensure Grantee's full performance of the Grant Agreement and compliance with applicable law, System Agency reserves the right to hold Grantee accountable for breach of contract or substandard performance and may take remedial or corrective actions, HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 18 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 including, but not limited to the following: i. temporarily withholding cash disbursements or reimbursements pending correction of the deficiency; ii. disallowing or denying use of funds for the activity or action deemed not to be in compliance; iii. disallowing claims for reimbursement that may require a partial or whole return of previous payments or reimbursements; iv. suspending all or part of the Grant Agreement; v. requiring the Grantee to take specific actions in order to remain in compliance with the Grant Agreement; vi. recouping payments made by the System Agency to the Grantee found to be in error; vii. suspending, limiting, or placing conditions on the Grantee's continued performance of the Project; viii. prohibiting the Grantee from receiving additional funds for other grant programs administered by the System Agency until satisfactory compliance resolution is obtained; ix. withholding release of new grant agreements; and x. imposing any other remedies, sanctions or penalties authorized under this Grant Agreement or permitted by federal or state statute, law, regulation or rule. B. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended. C. No action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as a waiver of any other rights or remedies available to System Agency under the Grant Agreement or pursuant to law. Additionally, no action taken by System Agency in exercising remedies or imposing sanctions will constitute or operate as an acceptance, waiver, or cure of Grantee's breach. Unless expressly authorized by System Agency, Grantee may not be entitled to reimbursement for expenses incurred while the Grant Agreement is suspended or after termination. 9.2 TERMINATION FOR CONVENIENCE The System Agency may terminate the Grant Agreement, in whole or in part, at any time when, in its sole discretion, the System Agency determines that termination is in the best interests of the State of Texas. The termination will be effective on the date specified in the System Agency's notice of termination. 9.3 TERMINATION FOR CAUSE A. Except as otherwise provided by the U.S. Bankruptcy Code, or any successor law, the System Agency may terminate the Grant Agreement, in whole or in part,upon either of the following conditions: i. Material Breach The System Agency may terminate the Grant Agreement, in whole or in part, if the System Agency determines, in its sole discretion, that Grantee has materially breached the Grant Agreement or has failed to adhere to any laws, ordinances, rules, regulations or orders of any public authority having jurisdiction, whether or not such violation prevents or substantially impairs performance of Grantee's duties under the Grant Agreement. Grantee's misrepresentation in any aspect including, but not limited to, of Grantee's Solicitation Application, if any, or Grantee's HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 19 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 addition to the SAM exclusion list(identification in SAM as an excluded entity) may also constitute a material breach of the Grant Agreement. ii. Failure to Maintain Financial Viability The System Agency may terminate the Grant Agreement if the System Agency, in its sole discretion, determines that Grantee no longer maintains the financial viability required to complete the services and deliverables, or otherwise fully perform its responsibilities under the Grant Agreement. B. System Agency will specify the effective date of such termination in the notice to Grantee. If no effective date is specified, the Grant Agreement will terminate on the date of the notification. 9.4 GRANTEE RESPONSIBILITY FOR SYSTEM AGENCY'S TERMINATION COSTS If the System Agency terminates the Grant Agreement for cause, the Grantee shall be responsibleto the System Agency for all costs incurred by the System Agency and the State of Texas to replace the Grantee. These costs include, but are not limited to, the costs of procuring a substitute grantee and the cost of any claim or litigation attributable to Grantee's failure to perform any work in accordance with the terms of the Grant Agreement. 9.5 INHERENTLY RELIGIOUS ACTIVITIES Grantee may not use grant funding to engage in inherently religious activities, such as proselytizing, scripture study, or worship. Grantees may engage in inherently religious activities; however, these activities must be separate in time or location from the grant- funded program. Moreover, grantees must not compel program beneficiaries to participate in inherently religious activities. These requirements apply to all grantees, not just faith-based organizations. 9.6 POLITICAL ACTIVITIES Grant funds cannot be used for the following activities: A. Grantees and their relevant sub-grantees or subcontractors are prohibited from using grant funds directly or indirectly for political purposes, including lobbying, advocating for legislation, campaigning for, endorsing, contributing to, or otherwise supporting political candidates or parties, and voter registration campaigns. Grantees may use private, or non-System Agency money or contributions for political purposes but may not charge to, or be reimbursed from, System Agency contracts or grants for the costs of such activities. B. Grant-funded employees may not use official authority or influence to achieve any political purpose and grant funds cannot be used for the salary, benefits, or any other compensation of an elected official. C. Grant funds may not be used to employ, in any capacity, a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. Additionally, grant funds cannot be used to pay membership dues to an organization that partially or wholly pays the salary of a person who is required by Chapter 305 of the Texas Government Code to register as a lobbyist. D. As applicable, Grantee will comply with 31 USC § 1352, relating to the limitation on use of appropriated funds to influence certain Federal contracting and financial transactions. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 20 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ARTICLE X. INDEMNITY 10.1 GENERAL INDEMNITY A. GRANTEE SHALL DEFEND,INDEMNIFY AND HOLD HARMLESS THE STATE OF TEXAS AND SYSTEM AGENCY,AND/OR THEIR OFFICERS, AGENTS,EMPLOYEES,REPRESENTATIVES, CONTRACTORS, ASSIGNEES,AND/OR DESIGNEES FROM ANY AND ALL LIABILITY, ACTIONS, CLAIMS,DEMANDS, OR SUITS,AND ALL RELATED COSTS, ATTORNEYS' FEES,AND EXPENSES ARISING OUT OF OR RESULTING FROM ANY ACTS OR OMISSIONS OF GRANTEE OR ITS AGENTS, EMPLOYEES, SUBCONTRACTORS, ORDER FULFILLERS, OR SUPPLIERS OF SUBCONTRACTORS IN THE EXECUTION OR PERFORMANCE OF THE GRANT AGREEMENT AND ANY PURCHASE ORDERS ISSUED UNDER THE GRANT AGREEMENT. B. THIS PARAGRAPH IS NOT INTENDED TO AND WILL NOT BE CONSTRUED TO REQUIRE GRANTEE TO INDEMNIFY OR HOLD HARMLESS THE STATE OR THE SYSTEM AGENCY FOR ANY CLAIMS OR LIABILITIES RESULTING FROM THE NEGLIGENT ACTS OF OMISSIONS OF THE SYSTEM AGENCY OR ITS EMPLOYEES. C. For the avoidance of doubt,System Agency shall not indemnify Grantee or any other entity under the Grant Agreement. 10.2 INTELLECTUAL PROPERTY GRANTEE SHALL DEFEND,INDEMNIFY,AND HOLD HARMLESS THE SYSTEM AGENCY AND THE STATE OF TEXAS FROM AND AGAINST ANY AND ALL CLAIMS,VIOLATIONS,MISAPPROPRIATIONS, OR INFRINGEMENT OF ANY PATENT, TRADEMARK, COPYRIGHT, TRADE SECRET, OR OTHER INTELLECTUAL PROPERTY RIGHTS AND/OR OTHER INTANGIBLE PROPERTY,PUBLICITY OR PRIVACY RIGHTS,AND/OR IN CONNECTION WITH OR ARISING FROM: i THE PERFORMANCE OR ACTIONS OF GRANTEE PURSUANT TO THIS GRANT AGREEMENT; i ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR R SYSTEM AGENCY'S AND/OR GRANTEE'S USE OF OR ACQUISITION OF ANY REQUESTED SERVICES OR OTHER ITEMS PROVIDED TO SYSTEM AGENCY BY GRANTEE OR OTHERWISE TO WHICH SYSTEM AGENCY HAS ACCESS AS A RESULT OF GRANTEE'S PERFORMANCE UNDER THE GRANT AGREEMENT. 10.3 ADDITIONAL INDEMNITY PROVISIONS A. GRANTEE AND SYSTEM AGENCY AGREE TO FURNISH TIMELY WRITTEN NOTICE TO EACH OTHER OF ANY INDEMNITY CLAIM. GRANTEE SHALL BE LIABLE TO PAY ALL COSTS OF DEFENSE, INCLUDING ATTORNEYS' FEES. B. THE DEFENSE SHALL BE COORDINATED BY THE GRANTEE WITH THE HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 21 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 OFFICE OF THE TEXAS ATTORNEY GENERAL WHEN TEXAS STATE AGENCIES ARE NAMED DEFENDANTS IN ANY LAWSUIT AND GRANTEE MAY NOT AGREE TO ANY SETTLEMENT WITHOUT FIRST OBTAINING THE CONCURRENCE FROM THE OFFICE OF THE TEXAS ATTORNEY GENERAL. C. GRANTEE SHALL REIMBURSE SYSTEM AGENCY AND THE STATE OF TEXAS FOR ANY CLAIMS,DAMAGES, COSTS,EXPENSES OR OTHER AMOUNTS,INCLUDING,BUT NOT LIMITED TO,ATTORNEYS' FEES AND COURT COSTS,ARISING FROM ANY SUCH CLAIM. IF THE SYSTEM AGENCY DETERMINES THAT A CONFLICT EXISTS BETWEEN ITS INTERESTS AND THOSE OF GRANTEE OR IF SYSTEM AGENCY IS REQUIRED BY APPLICABLE LAW TO SELECT SEPARATE COUNSEL, SYSTEM AGENCY WILL BE PERMITTED TO SELECT SEPARATE COUNSEL AND GRANTEE SHALL PAY ALL REASONABLE COSTS OF SYSTEM AGENCY'S COUNSEL. ARTICLE XI. GENERAL PROVISIONS 11.1 AMENDMENTS Except as otherwise expressly provided, the Grant Agreement may only be amended by a written Amendment executed by both Parties. 11.2 NO QUANTITY GUARANTEES The System Agency makes no guarantee of volume or usage of work under this Grant Agreement. All work requested may be on an irregular and as needed basis throughout the Grant Agreement term. 11.3 CHILD ABUSE REPORTING REQUIREMENTS A. Grantees shall comply with child abuse and neglect reporting requirements in Texas Family Code Chapter 261. This section is in addition to and does not supersede any other legal obligation of the Grantee to report child abuse. B. Grantee shall develop, implement and enforce a written policy that includes at a minimum the System Agency's Child Abuse Screening, Documenting, and Reporting Policy for Grantees/Providers and train all staff on reporting requirements. C. Grantee shall use the Texas Abuse Hotline Website located at haps://www.txabusehotline.org/Login/Default.aspx as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS A. Grantee certifies that it has adopted and enforces a Tobacco-Free Workplace Policy that meets or exceeds all of the following minimum standards of: i. Prohibiting the use of all forms of tobacco products, including but not limited to cigarettes, cigars,pipes, water pipes (hookah), bidis, kreteks, electronic cigarettes, smokeless tobacco, snuff and chewing tobacco; HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 22 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ii. Designating the property to which this Policy applies as a "designated area,"which must at least comprise all buildings and structures where activities funded under this Grant Agreement are taking place, as well as Grantee owned, leased, or controlled sidewalks,parking lots, walkways, and attached parking structures immediately adjacent to this designated area; iii. Applying to all employees and visitors in this designated area; and iv. Providing for or referring its employees to tobacco use cessation services. B. If Grantee cannot meet these minimum standards, it must obtain a waiver from the System Agency. 11.5 INSURANCE AND BONDS Unless otherwise specified in this Contract, Grantee shall acquire and maintain, for the duration of this Contract, insurance coverage necessary to ensure proper fulfillment of this Contract and potential liabilities thereunder with financially sound and reputable insurers licensed by the Texas Department of Insurance, in the type and amount customarily carried within the industry as determined by the System Agency. Grantee shall provide evidence of insurance as required under this Contract,including a schedule of coverage or underwriter's schedules establishing to the satisfaction of the System Agency the nature and extent of coverage granted by each such policy, upon request by the System Agency. In the event that any policy is determined by the System Agency to be deficient to comply with the terms of this Contract, Grantee shall secure such additional policies or coverage as the System Agency may reasonably request or that are required by law or regulation. If coverage expires during the term of this Contract, Grantee must produce renewal certificates for each type of coverage. In addition,if required by System Agency, Grantee must obtain and have on file a blanket fidelity bond that indemnifies System Agency against the loss or theft of any grant funds, including applicable matching funds. The fidelity bond must cover the entirety of the grant term and any subsequent renewals. The failure of Grantee to comply with these requirements may subject Grantee to remedial or corrective actions detailed in section 10.1, General Indemnity, above. These and all other insurance requirements under the Grant apply to both Grantee and its Subcontractors, if any. Grantee is responsible for ensuring its Subcontractors' compliance with all requirements. 11.6 LIMITATION ON AUTHORITY A. Grantee shall not have any authority to act for or on behalf of the System Agency or the State of Texas except as expressly provided for in the Grant Agreement; no other authority, power, or use is granted or implied. Grantee may not incur any debt, obligation, expense, or liability of any kind on behalf of System Agency or the State of Texas. B. Grantee may not rely upon implied authority and is not granted authority under the Grant Agreement to: i. Make public policy on behalf of the System Agency; ii. Promulgate, amend, or disregard administrative regulations or program policy decisions made by State and federal agencies responsible for administration of a System Agency program; or iii. Unilaterally communicate or negotiate with any federal or state agency or the Texas HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 23 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 Legislature on behalf of the System Agency regarding System Agency programs or the Grant Agreement. However, upon System Agency request and with reasonable notice from System Agency to the Grantee, the Grantee shall assist the System Agency in communications and negotiations regarding the Work under the Grant Agreement with state and federal governments. 11.7 CHANGE IN LAWS AND COMPLIANCE WITH LAWS Grantee shall comply with all laws, regulations, requirements and guidelines applicable to a Grantee providing services and products required by the Grant Agreement to the State of Texas, as these laws,regulations,requirements and guidelines currently exist and as amended throughout the term of the Grant Agreement. Notwithstanding Section 11.1,Amendments, above, System Agency reserves the right,in its sole discretion,to unilaterally amend the Grant Agreement to incorporate any modifications necessary for System Agency's compliance, as an agency of the State of Texas, with all applicable state and federal laws, regulations, requirements and guidelines. 11.8 SUBCONTRACTORS Grantee may not subcontract any or all of the Work and/or obligations under the Grant Agreement without prior written approval of the System Agency. Subcontracts, if any, entered into by the Grantee shall be in writing and be subject to the requirements of the Grant Agreement. Should Grantee subcontract any of the services required in the Grant Agreement, Grantee expressly understands and acknowledges System Agency is in no manner liable to any subcontractor(s) of Grantee. In no event shall this provision relieve Grantee of the responsibility for ensuring that the services performed under all subcontracts are rendered in compliance with the Grant Agreement. 11.9 PERMITTING AND LICENSURE At Grantee's sole expense, Grantee shall procure and maintain for the duration of this Grant Agreement any state, county, city, or federal license, authorization, insurance, waiver, permit, qualification or certification required by statute, ordinance, law, or regulation to be held by Grantee to provide the goods or services required by this Grant Agreement. Grantee shall be responsible for payment of all taxes, assessments, fees,premiums,permits, and licenses required by law. Grantee shall be responsible for payment of any such government obligations not paid by its Subcontractors during performance of this Grant Agreement. 11.10 INDEPENDENT CONTRACTOR Grantee and Grantee's employees, representatives, agents, Subcontractors, suppliers, and third-party service providers shall serve as independent contractors in providing the services under the Grant Agreement. Neither Grantee nor System Agency is an agent of the other and neither may make any commitments on the other party's behalf. The Grantee is not a "governmental body" solely by virtue of this Grant Agreement or receipt of grant funds under this Grant Agreement. Grantee shall have no claim against System Agency for vacation pay, sick leave, retirement benefits, social security, worker's compensation, health or disability benefits, unemployment insurance benefits, or employee benefits of any kind. The Grant Agreement shall not create any joint venture,partnership, agency, or employment relationship between Grantee and System Agency. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 24 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 11.11 GOVERNING LAW AND VENUE The Grant Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to the conflicts of law provisions. The venue of any suit arising under the Grant Agreement is fixed in any court of competent jurisdiction of Travis County, Texas, unless the specific venue is otherwise identified in a statute which directly names or otherwise identifies its applicability to the System Agency. 11.12 SEVERABILITY If any provision contained in this Grant Agreement is held to be unenforceable by a court of law or equity, such construction will not affect the legality, validity, or enforceability of any other provision or provisions of this Grant Agreement. It is the intent and agreement of the Parties this Grant Agreement shall be deemed amended by modifying such provision to the extent necessary to render it valid, legal and enforceable while preserving its intent or, if such modification is not possible,by substituting another provision that is valid,legal and enforceable and that achieves the same objective. All other provisions of this Grant Agreement will continue in full force and effect. 11.13 SURVIVABILITY Expiration or termination of the Grant Agreement for any reason does not release Grantee from any liability or obligation set forth in the Grant Agreement that is expressly stated to survive any such expiration or termination,that by its nature would be intended to be applicable following any such expiration or termination, or that is necessary to fulfill the essential purpose of the Grant Agreement, including without limitation the provisions regarding return of grant funds, audit requirements, records retention, public information, warranty, indemnification, confidentiality, and rights and remedies upon termination. 11.14 FORCE MAJEURE Neither Grantee nor System Agency shall be liable to the other for any delay in, or failure of performance, of any requirement included in the Grant Agreement caused by force majeure. The existence of such causes of delay or failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, fires, explosions, hurricanes, floods, failure of transportation, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. 11.15 NO IMPLIED WAIVER OF PROVISIONS The failure of the System Agency to object to or to take affirmative action with respect to any conduct of the Grantee which is in violation or breach of the terms of the Grant Agreement shall not be construed as a waiver of the violation or breach, or of any future violation or breach. 11.16 FUNDING DISCLAIMERS AND LABELING A. Grantee shall not use System Agency's name or refer to System Agency directly or indirectly in any media appearance,public service announcement, or disclosure relating to this Grant Agreement including any promotional material without first obtaining HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 25 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 written consent from System Agency. The foregoing prohibition includes, without limitation, the placement of banners,pop-up ads, or other advertisements promoting Grantee's or a third party's products, services, workshops, trainings, or other commercial offerings on any website portal or internet-based service or software application hosted or managed by Grantee. This does not limit the Grantee's responsibility to comply with obligations related to the Texas Public Information Act or Texas Open Meetings Act. B. In general, no publication (including websites, reports,projects, etc.) may convey System Agency's recognition or endorsement of the Grantee's project without prior written approval from System Agency. Publications funded in part or wholly by HHS grant funding must include a statement that"HHS and neither any of its components operate, control, are responsible for, or necessarily endorse, this publication (including, without limitation, its content, technical infrastructure, and policies, and any services or tools provided)" at HHS's request. 11.17 MEDIA RELEASES A. Grantee shall not use System Agency's name, logo, or other likeness in any press release, marketing material or other announcement without System Agency's prior written approval. System Agency does not endorse any vendor,commodity, or service. Grantee is not authorized to make or participate in any media releases or public announcements pertaining to this Grant Agreement or the Services to which they relate without System Agency's prior written consent, and then only in accordance with explicit written instruction from System Agency. B. Grantee may publish, at its sole expense, results of Grantee performance under the Grant Agreement with the System Agency's prior review and approval, which the System Agency may exercise at its sole discretion. Any publication (written, visual, or sound) will acknowledge the support received from the System Agency and any Federal agency, as appropriate. 11.18 PROHIBITION ON NON-COMPETE RESTRICTIONS Grantee shall not require any employees or Subcontractors to agree to any conditions, such as non-compete clauses or other contractual arrangements, that would limit or restrict such persons or entities from employment or contracting with the State of Texas. 11.19 SOVEREIGN IMMUNITY Nothing in the Grant Agreement will be construed as a waiver of the System Agency's or the State's sovereign immunity. This Grant Agreement shall not constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to the System Agency or the State of Texas under the Grant Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. System Agency does not waive any privileges, rights, defenses, or immunities available to System Agency by entering into the Grant Agreement or by its conduct prior to or subsequent to entering into the Grant Agreement. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 26 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 11.20 ENTIRE CONTRACT AND MODIFICATION The Grant Agreement constitutes the entire agreement of the Parties and is intended as a complete and exclusive statement of the promises,representations,negotiations,discussions, and other agreements that may have been made in connection with the subject matter hereof. Any additional or conflicting terms in any future document incorporated into the Grant Agreement will be harmonized with this Grant Agreement to the extentpossible. 11.21 COUNTERPARTS This Grant Agreement may be executed in any number of counterparts, each of which will be an original, and all such counterparts will together constitute but one and the same Grant Agreement. 11.22 PROPER AUTHORITY Each Party represents and warrants that the person executing this Grant Agreement on its behalf has full power and authority to enter into this Grant Agreement. 11.23 E-VERIFY PROGRAM Grantee certifies that it utilizes and will continue to utilize the U.S. Department of Homeland Security's E-Verify system to determine the eligibility of: A. all persons employed to perform duties within Texas during the term of the Grant Agreement; and B. all persons, (including subcontractors) assigned by the Grantee to perform work pursuant to the Grant Agreement within the United States of America. 11.24 CIVIL RIGHTS A. Grantee agrees to comply with state and federal anti-discrimination laws, including: i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §2000d et seq.); ii. Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. §794); iii. Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); iv. Age Discrimination Act of 1975 (42 U.S.C. §§6101-6107); v. Title IX of the Education Amendments of 1972 (20 U.S.C. §§1681-1688); vi. Food and Nutrition Act of 2008 (7 U.S.C. §2011 et seq.); and vii. The System Agency's administrative rules, as set forth in the Texas Administrative Code, to the extent applicable to this Grant Agreement. B. Grantee agrees to comply with all amendments to the above-referenced laws, and all requirements imposed by the regulations issued pursuant to these laws. These laws provide in part that no persons in the United States may, on the grounds of race, color, national origin, sex, age, disability,political beliefs, or religion, be excluded from participation in or denied any aid, care, service or other benefits provided by Federal or State funding, or otherwise be subjected to discrimination. C. Grantee agrees to comply with Title VI of the Civil Rights Act of 1964, and its implementing regulations at 45 C.F.R. Part 80 or 7 C.F.R. Part 15,prohibiting a contractor from adopting and implementing policies and procedures that exclude or have the effect of excluding or limiting the participation of clients in its programs, benefits, or activities on the basis of national origin. State and federal civil rights laws require contractors to provide alternative methods for ensuring access to services for applicants and recipients who cannot express themselves fluently in English. Grantee agrees to take HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 27 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 reasonable steps to provide services and information, both orally and in writing, in appropriate languages other than English, in order to ensure that persons with limited English proficiency are effectively informed and can have meaningful access to programs, benefits, and activities. D. Grantee agrees to post applicable civil rights posters in areas open to the public informing clients of their civil rights and including contact information for the HHS Civil Rights Office. The posters are available on the HHS website at: haps://hhs.texas.gov/about-hhs/your-rights/civil-ri ghts-office/civil-ri ghts-posters. E. Grantee agrees to comply with Executive Order 13279, and its implementing regulations at 45 C.F.R. Part 87 or 7 C.F.R. Part 16. These provide in part that any organization that participates in programs funded by direct financial assistance from the United States Department of Agriculture or the United States Department of Health and Human Services shall not discriminate against a program beneficiary or prospective program beneficiary on the basis of religion or religious belief. F. Upon request, Grantee shall provide HHSC's Civil Rights Office with copies of the Grantee's civil rights policies and procedures. G. Grantee must notify HHSC's Civil Rights Office of any complaints of discrimination received relating to its performance under this Grant Agreement. This notice must be delivered no more than ten (10) calendar days after receipt of a complaint. Notice provided pursuant to this section must be directed to: HHSC Civil Rights Office 701 W. 51st Street, Mail CodeW206 Austin, Texas 78751 Phone Toll Free: (888) 388-6332 Phone: (512) 438-4313 Fax: (512) 438-5885 Email: HHSCivilRightsOffice@hhsc.state.tx.us. 11.25 ENTERPRISE INFORMATION MANAGEMENT STANDARDS Grantee shall conform to HHS standards for data management as described by the policies of the HHS Chief Data and Analytics Officer. These include, but are not limited to, standards for documentation and communication of data models, metadata, and other data definition methods that are required by HHS for ongoing data governance, strategic portfolio analysis, interoperability planning, and valuation of HHS System data assets. 11.26 DISCLOSURE OF LITIGATION A. The Grantee must disclose in writing to the contract manager assigned to this Grant Agreement any material civil or criminal litigation or indictment either threatened or pending involving the Grantee. "Threatened litigation" as used herein shall include governmental investigations and civil investigative demands. "Litigation" as used herein shall include administrative enforcement actions brought by governmental agencies. The Grantee must also disclose any material litigation threatened or pending involving Subcontractors, consultants, and/or lobbyists. For purposes of this section, "material" refers, but is not limited,to any action or pending action that a reasonable person knowledgeable in the applicable industry would consider relevant to the Work under the Grant Agreement or any development such a person would want to be aware of in order to stay fully apprised of the total mix of information relevant to the Work, together with HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 28 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 any litigation threatened or pending that may result in a substantial change in the Grantee's financial condition. B. This is a continuing disclosure requirement; any litigation commencing after Grant Agreement Award must be disclosed in a written statement to the assigned contract manager within seven calendar days of its occurrence. 11.27 No THIRD PARTY BENEFICIARIES The Grant Agreement is made solely and specifically among and for the benefit of the Parties named herein and their respective successors and assigns, and no other person shall have any right, interest, or claims hereunder or be entitled to any benefits pursuant to or on account of the Grant Agreement as a third-party beneficiary or otherwise. 11.28 BINDING EFFECT The Grant Agreement shall inure to the benefit of, be binding upon, and be enforceable against each Party and their respective permitted successors, assigns, transferees, and delegates. HHS Uniform Terms and Conditions—Grant v.3.0 Effective August 2021 Page 29 of 29 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 HEALTH AND HUMAN SERVICES Contract Number HHsooi20850000i Attachment D CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor") regardless of their business form (e.g., individual,partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders,partners, owners, agents, employees, subcontractors, independent contractors, and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code, the requirements of Subchapter J(Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 1 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign,pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment,pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use,produce, and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code (relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 11. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters), the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 2 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d) of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAKI) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not(1) the executive head of an HHS agency, (2) a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3) a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 3 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 4 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 26. Restricted Employment for Certain State Personnel Contractor acknowledges that,pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract, Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud,Waste, and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost, misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity, the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred(including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 5 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation, or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5)business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 6 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that(1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of: 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees —Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 7 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 36. Disclosure of Prior State Employment—Consulting Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: 1. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that,pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that,pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code, except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 8 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg., R.S.,pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if,pursuant to this Contract, Contractor is or will be authorized to access, transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 9 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 44. Cloud Computing State Risk and Authorization Management Program In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (1) majority owned or controlled by citizens or governmental entities of China, Iran, North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran,North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i)neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and(ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 10 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business & Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article 11 of the General Appropriations Act, (1)no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent,phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2) no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article II. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city, county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Drug-Free Workplace Contractor represents and warrants that it shall comply with the applicable provisions of the Drug-Free Work Place Act of 1988 (41 U.S.C. §701 et seq.) and maintain a drug-free work environment. Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 11 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 55. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. 56. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended(29 U.S.C. Chapter 15). 57. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 12 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 Authorized representative on behalf of Contractor must complete and sign the following: Corpus Christi-Nueces County Public Health District Legal Name of Contractor Corpus Christi-Nueces County Public Health District Assumed Business Name of Contractor,if applicable (d/b/a or `doing business as') Corpus Christi-Nueces County Public Health District Texas County(s) for Assumed Business Name (d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s),if any, for each Texas County Where Assumed Name Certificate(s) has been filed. LSh Docu�S�ign1edrby: AAJ, VIWa May 25,2022 All Signatu er o Authorized Representative Date Signed Steven Viera Interim Director of Health Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name 1702 Horne Road Corpus Christi,Texas 78416 Physical Street Address City, State,Zip Code NA NA Mailing Address, if different City, State, Zip Code NA NA Phone Number Fax Number 361-826-7205 069457786 Email Address DUNS Number 74-6000-574 1-746000574-1 Federal Employer Identification Number Texas Identification Number (TIN) NA NA Texas Franchise Tax Number Texas Secretary of State Filing Number NA SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.1 Effective October 2021 Page 13 of 13 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT E OMB Number:4040-0007 Expiration Date:02/28/2022 ASSURANCES - NON-CONSTRUCTION PROGRAMS Public reporting burden for this collection of information is estimated to average 15 minutes per response, including time for reviewing instructions,searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project(0348-0040), Washington, DC 20503. PLEASE DO NOT RETURN YOUR COMPLETED FORM TO THE OFFICE OF MANAGEMENT AND BUDGET. SEND IT TO THE ADDRESS PROVIDED BY THE SPONSORING AGENCY. NOTE: Certain of these assurances may not be applicable to your project or program. If you have questions, please contact the awarding agency. Further, certain Federal awarding agencies may require applicants to certify to additional assurances. If such is the case, you will be notified. As the duly authorized representative of the applicant, I certify that the applicant: 1. Has the legal authority to apply for Federal assistance Act of 1973, as amended (29 U.S.C. §794),which and the institutional, managerial and financial capability prohibits discrimination on the basis of handicaps; (d) (including funds sufficient to pay the non-Federal share the Age Discrimination Act of 1975, as amended (42 U. of project cost)to ensure proper planning, management S.C. §§6101-6107),which prohibits discrimination on and completion of the project described in this the basis of age; (e)the Drug Abuse Office and application. Treatment Act of 1972 (P.L. 92-255), as amended, relating to nondiscrimination on the basis of drug 2. Will give the awarding agency, the Comptroller General abuse; (f)the Comprehensive Alcohol Abuse and of the United States and, if appropriate, the State, Alcoholism Prevention, Treatment and Rehabilitation through any authorized representative, access to and Act of 1970 (P.L. 91-616), as amended, relating to the right to examine all records, books, papers, or nondiscrimination on the basis of alcohol abuse or documents related to the award; and will establish a alcoholism; (g)§§523 and 527 of the Public Health proper accounting system in accordance with generally Service Act of 1912 (42 U.S.C. §§290 dd-3 and 290 accepted accounting standards or agency directives. ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (h)Title VIII of the Civil 3. Will establish safeguards to prohibit employees from Rights Act of 1968 (42 U.S.C. §§3601 et seq.), as using their positions for a purpose that constitutes or amended, relating to nondiscrimination in the sale, presents the appearance of personal or organizational rental or financing of housing; (i)any other conflict of interest, or personal gain. nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being 4. Will initiate and complete the work within the applicable made; and, Q)the requirements of any other time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply,or has already complied,with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91-646)which provide for one of the 19 statutes or regulations specified in fair and equitable treatment of persons displaced or Appendix A of OPM's Standards for a Merit System of whose property is acquired as a result of Federal or Personnel Administration (5 C.F.R. 900, Subpart F). federally-assisted programs. These requirements apply to all interests in real property acquired for 6. Will comply with all Federal statutes relating to project purposes regardless of Federal participation in nondiscrimination. These include but are not limited to: purchases. (a)Title VI of the Civil Rights Act of 1964 (P.L. 88-352) which prohibits discrimination on the basis of race, color 8. Will comply, as applicable,with provisions of the or national origin; (b)Title IX of the Education Hatch Act(5 U.S.C. §§1501-1508 and 7324-7328) Amendments of 1972, as amended (20 U.S.C.§§1681- which limit the political activities of employees whose 1683, and 1685-1686),which prohibits discrimination on principal employment activities are funded in whole the basis of sex; (c)Section 504 of the Rehabilitation or in part with Federal funds. Previous Edition Usable Standard Form 4248(Rev.7-97) Authorized for Local Reproduction Prescribed by OMB Circular A-1 02 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7), the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973 (P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the 15 Will comply with the Laboratory Animal Welfare Act of program and to purchase flood insurance if the total cost of 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et insurable construction and acquisition is$10,000 or more. seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National 16. Will comply with the Lead-Based Paint Poisoning Environmental Policy Act of 1969 (P.L. 91-190)and Prevention Act(42 U.S.C. §§4801 et seq.)which Executive Order(EO) 11514; (b) notification of violating prohibits the use of lead-based paint in construction or facilities pursuant to EO 11738; (c) protection of wetlands rehabilitation of residence structures. pursuant to EO 11990; (d)evaluation of flood hazards in floodplains in accordance with EO 11988; (e)assurance of 17. Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972 (16 U.S.C. §§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws,executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA)of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from(1) Engaging in severe 1968 (16 U.S.C. §§1271 et seq.) related to protecting forms of trafficking in persons during the period of time components or potential components of the national that the award is in effect(2) Procuring a commercial wild and scenic rivers system. sex act during the period of time that the award is in effect or(3) Using forced labor in the performance of the award or subawards under the award. SIGNATURE OF AUTHORIZED CERTIFYING OFFICIAL TITLE Ocu goed by: Interim Director of Health t, LS LAIUdZ�UF __ APPLICANT ORGANIZATION DATE SUBMITTED Corpus Christi-Nueces County Public Health District May 25,2022 Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT F CERTIFICATION REGARDING LOBBYING Certification for Contracts, Grants, Loans,and Cooperative Agreements The undersigned certifies,to the best of his or her knowledge and belief,that: (1)No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract,the making of any Federal grant,the making of any Federal loan,the entering into of any cooperative agreement,and the extension,continuation, renewal,amendment,or modification of any Federal contract,grant, loan,or cooperative agreement. (2)If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this Federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions. (3)The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers(including subcontracts,subgrants,and contracts under grants,loans,and cooperative agreements)and that all subrecipients shall certify and disclose accordingly.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. Statement for Loan Guarantees and Loan Insurance The undersigned states,to the best of his or her knowledge and belief,that: If any funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection with this commitment providing for the United States to insure or guarantee a loan,the undersigned shall complete and submit Standard Form-LLL,"Disclosure of Lobbying Activities,"in accordance with its instructions.Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352,title 31, U.S. Code.Any person who fails to file the required statement shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. .APPLICANT'S ORGANIZATION Corpus Christi-Nueces County Public Health District "PRINTED NAME AND TITLE OF AUTHORIZED REPRESENTATIVE Prefix: -First Name: Steven IMiddle Name: "Last Name:I Viera Suffix: "Title:I Interim Director of Health SIGNATURE: Docusigned by: DATE:ray DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 ATTACHMENT G Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION The certifications enumerated below represent material facts upon which DSHS relies when reporting information to the federal government required under federal law. If the Department later determines that the Contractor knowingly rendered an erroneous certification, DSHS may pursue all available remedies in accordance with Texas and U.S. law. Signor further agrees that it will provide immediate written notice to DSHS if at any time Signor learns that any of the certifications provided for below were erroneous when submitted or have since become erroneous by reason of changed circumstances. If the Signor cannot certify all of the statements contained in this section, Signor must provide written notice to DSHS detailing which of the below statements it cannot certify andwhy. Legal Name of Contractor: FFATA Contact# 1 Name, Email and Phone Number: Corpus Christi-Nueces County Public Health District Constance Sanchez Constancep(cctexas.cour 361-826-3227 Primary Address of Contractor: FFATA Contact#2 Name, Email and Phone Number: 1702 Horne Road Blandina Costley Corpus Christi,Texas 78416 Blandinac(-Occtexas.com 361-826-7252 ZIP Code: 9-digits Required www.usps.com DUNS Number:9-digits Required www.sam.gov - I I I I069 5778E State of Texas Comptroller Vendor Identification Number (VIN) 14 Digits 174 0005 410 7 Printed Name of Authorized Representative Signature of Authorized Representative Steven Vlera DocuSigned by: Fsfwt, (AW0. /A 1 88293F92= Title of Authorized Representative Date Assistant City Manager May 25,2022 - 1 - Department of State Health Services Form 4734—June 2013 DocuSign Envelope ID:726BAEEE-4F07-4DAB-B30D-D9AB765473C9 Fiscal Federal Funding Accountability and Transparency Act (FFATA) CERTIFICATION As the duly authorized representative (Signor) of the Contractor, I hereby certify that the statements made by me in this certification form are true, complete and correct to the best of my knowledge. Did your organization have a gross income, from all sources, of less than $300,000 in your previous tax year? ❑ Yes ❑x No If your answer is "Yes", skip questions "A" "B" and "C" and finish the certification. If your answer is "No", answer questions "A" and "B" NA A. Certification Regarding % of Annual Gross from Federal Awards. Did your organization receive 80% or more of its annual gross revenue from federal awards during the preceding fiscal year? ❑ Yes 0 No B. Certification Regarding Amount of Annual Gross from Federal Awards. Did your organization receive $25 million or more in annual gross revenues from federal awards in the preceding fiscal year? ❑ Yes 0 No If your answer is "Yes" to both question "A" and "B", you must answer question "C". If your answer is "No" to either question "A" or "B", skip question "C" and finish the certification. NA C. Certification Regarding Public Access to Compensation Information. Does the public have access to information about the compensation of the senior executives in your business or organization (including parent organization, all branches, and all affiliates worldwide) through periodic reports filed under section 13(a) or 15(d) of the Securities Exchange Act of 1934 (15 U.S.C. 78m(a), 78o(d)) or section 6104 of the Internal Revenue Code of 1986? 0 Yes ❑ No If your answer is "Yes" to this question, where can this information be accessed? NA If your answer is "No" to this question, you must provide the names and total compensation of the top five highly compensated officers below. Provide compensation information here: NA - 2 - Department of State Health Services Form 4734—June 2013 Two Reading Ordinance Ordinance authorizing execution of all documents necessary to accept, amend, and appropriate a grant contract for the "Health Disparities Grant" from the Texas Department of State Health Services appropriating $281,785.00 into the Health Grants Fund to provide funding activities in support of Texas Initiative to Address COVID-19 Health Disparities Among Populations at High-Risk and Underserved. City Council August 23, 2022 Background and Staff Recommendation • COVID-19 Health Disparities Grant Program o To be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). Ensure community engagement in communities disproportionately impacted by COVID-19 and to build sustainable relationships in those communities. o September 1, 2022, through May 31, 2023 Background and Staff Recommendation o Total Contract value is $281,785.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council August 23, 2022 SC w � O v AGENDA MEMORANDUM First Reading Ordinance for the City Council Meeting August 23, 2022 NORRORFS ESecond Reading Ordinance for the City Council Meeting August 30, 2022 xs52 DATE: August 23, 2022 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 826-1292 Amending Chapter 9 of the City Code of Ordinances CAPTION: Ordinance amending City Code Chapter 9, Aviation, Section 9-54, pertaining to landing fees at the Corpus Christi International Airport by revising the landing weight for aircraft subject to a landing fee from 12,500 to 6,000 pounds; and authorizing execution of a five- year contract with Vector Airport Systems, LLC, for the billing and collection of landing fees. Effective upon City Council approval. SUMMARY: Currently landing fees are only applicable to aircraft with a maximum landing weight greater than 12,500 pounds. Today, only airlines are charged a landing fee. By lowering the landing weight to 6,000 pounds, CCIA expands the applicability of landing fees to include a wider variety of aircraft. To streamline the landing fee assessment and collection process, CCIA intends to enter into an agreement with Vector Airport Systems, LLC, who will provide a PlanePass billing and collection service. BACKGROUND AND FINDINGS: On August 18, 1987, the City Council approved Ordinance 19930, establishing the landing fees for commercial aircraft. On January 20, 2004, the City Council approved Ordinance No. 025628, revising Chapter 9, Aviation, Section 9-54 — Landing fees for commercial aircraft, to change the landing fee for nonscheduled commercial aircraft, to change the definition of commercial aircraft, and to include the gross certified landing weight of greater than 12,500 pounds for aircraft that uses the airport for commercial purposes. CCIA intends to expand the applicability of landing fees to aircraft over 6,000 pounds, because the technology that will be used for the collection of fees has the capability of identifying aircraft 6,000 pounds or more. This maximizes the ability and utility of the new technology and system. CCIA will also expand applicability beyond just commercial aircraft to apply to all aircraft over 6,000 pounds. Vector Airport Systems, LLC is a technology company that offers a proprietary information collection and landing fee billing system at 36 airports across the country. The City's Procurement Division has confirmed that Vector Airport Systems, LLC is a sole source vendor for this type of service. The system monitors the airfield for landing aircraft using a transponder antenna and cross references FAA aircraft registration databases to find owner information. Vector automatically bills aircraft owners for the applicable landing fees. Vector has a 99.6% collection rate on billed fees. Vector's fee for providing this service will be 20% of amounts collected for landing fees. This fee is lower than the industry standard 25-33% for the traditional method of Fixed Based Operators collecting landing fees on behalf of the airport. Aircraft based at CCIA will not be charged landing fees. Vector will not bill tenant airlines (Southwest, American and United), but will provide CCIA a report that can be used to audit the airlines' monthly self-reporting documentation. ALTERNATIVES: Alternatives include implementing Vector but maintaining a landing fee applicability of 12,500 pounds or more. Alternatives also include lowering the window of applicability to 6,000 pounds but utilize the Fixed Base Operator to collect the fees, which will result in lower collection rates and lower overall yield. FISCAL IMPACT: A forecast analysis was conducted to understand potential fiscal year landing fee revenue. The analysis excluded CCIA-based aircraft and airlines, per the applicability of the Vector agreement. The analysis indicates an increase in revenue of $139,000 per year after Vector assesses their fees for service. FUNDING DETAIL: Fund: 4610 Airport Fund Organization/Activity: 35000 Airport Administration Mission Element: 272 Manage Airport Operations Project # (CIP Only): N/A Account: 320000 Landing Fees RECOMMENDATION: City staff recommends approval of this action item. The Airport Board recommended approval of this action item at their regularly scheduled meeting. LIST OF SUPPORTING DOCUMENTS: Ordinance Agreement for Professional Services — Vector Airport Systems, LLC Ordinance amending City Code Chapter 9, Aviation, Section 9-54, pertaining to landing fees at the Corpus Christi International Airport by revising the landing weight for aircraft subject to a landing fee from 12,500 to 6,000 pounds; and authorizing execution of a five-year contract with Vector Airport Systems, LLC, for the billing and collection of landing fees. Effective upon City Council approval. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: SECTION 1. The Code of Ordinances of the City of Corpus Christi, Chapter 9, Aviation, Section 9-54, entitled "Landing fees for commercial aircraft," is amended by revising the section, with new language shown underlined and deleted language shown stricken, to read as follows: "Sec. 9-54. - Landing fees for ^ ^"'' aircraft. "For purposes of this section ^mm^rnial aircraft" shall m^;n means any aircraft, scheduled or unscheduled, with a gross certificated landing weight gFeateF thap :hAg ,^ ,,Gap 1 five "i lRdF (12,599) pG iof 6,000 pounds or more that uses the airport f^r n^mmornial p irpe "Operator" shall mean means the person, company, or other entity which owns or is legally responsible for the conduct of the aGtiVity f^r VVhinh eyVpss ^r is legally r^ori^noibk_Q f^r +h^ n^n,-li ink ^f+h^ n^mm^rnial aGti"ity f^r Whinh t4a aircraft i& �. No ^mmernial aircraft shall use the airport for the purpose of carrying passengers, freight, or mail for hire unless monthly reports and fees are timely filed and paid to the airport by the 25th day of the month following the landing, or as provided by this section. MGRthly FGPGFtS GR IandiRgG shall be filed by the foxed base epE?F cor"iniRg fho 71r/-r7ff With fho ^ffino ^f fho dironf^r ^f 7\ O_Ati. 1r1 ^n S r_h f^rmc as r.r^.,i,-ed by the ,-1epaF+m^r,+of aviati^r,. The operator of each n^mmernial aircraft shall pay landing fees equal to: (1) A landing fee established by contract between the operator and the airport; or (2) A landing fee for airnr. # equal to GRG "CTed-bNeRty-fiVe (125)-peGeRt-125 percent of the highest landing fee effective for scheduled commercial aircraft operating pursuant to a contract with the airport. Landing fees may be waived for certain operational or procedural grounds as determined by the Director of Aviation. 6'Pr-eVidE?R^^ +cc th"Att cA flewage f r fi iel ra it a a� amFpr,rF fr.r mmorni.�l ']Irl-r']ft mTav-ac�cT i--rcrc�--Frar uS a-rrpQr�-rQr �rrrrrrcrcr��--crrrcrt�-c evneerls the landing foes assessed against girl 7-.Orr--.Pp-ft." SECTION 2. The City Manager, or his designee, is authorized to execute a five-year contract with Vector Airport Systems, LLC, for the billing, collection, and remittance of landing fees at Corpus Christi International Airport ("Airport") in accordance with the City Code and the approved Airport "Schedule of Fees and Charges," the effective date of such executed contract to be September 1 , 2022. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision hereof be given full force and effect for its purpose. Section 4. This ordinance takes effect September 1 , 2022. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN VECTOR AIRPORT SYSTEMS, LLC & THE CITY OF CORPUS CHRISTI, TEXAS Agreement Name: PlanePassAutomated Aircraft Fee Billing & Collections Solution This agreement ("AGREEMENT "), dated as of , 2022 ("Execution Date"), is by and between the City of Corpus Christi, Texas, for Corpus Christi International Airport, (hereinafter "AIRPORT"), and Vector Airport Systems, LLC (hereinafter "CONTRACTOR"), a Limited Liability Company existing under thelaws of the Commonwealth of Virginia. The AIRPORT shall be defined as the client airport and its governing municipality. RECITALS I. WHEREAS, CONTRACTOR represents that it is a duly qualified provider of various products and services including: • Aircraft identification and tracking systems, • Aircraft operating fee billing & collection services, • Noise and Operations Management Systems (NOMS), • System installation and maintenance services II. WHEREAS, in the judgment of the AIRPORT, it is necessary and desirable to employ the services of CONTRACTOR for: • The performance of aircraft operating fee billing& collection services. III. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants contained herein, the parties hereto agree as follows: AGREEMENT 1. Term of AGREEMENT: The term of this AGREEMENT shall begin on the EXECUTION DATE, which is the date this AGREEMENT is approved by the City Council of Corpus Christi, Texas, and has been signed by all parties to the AGREEMENT and shall end five (5) years following the Commencement Date of operations under this AGREEMENT as set out below ("Initial Term"). 1.1 The Commencement Date for operations under this AGREEMENT will be established in writing between the Director of the AIRPORT and the CONTRACTOR. While such date is presently unknown, the Commencement Date is anticipated to be on or about September 1, 2022. 1.2 The Parties to this AGREEMENT shall have the option to renew this AGREEMENT at the end of the Initial Term for additional one-year renewal terms ("Renewal Terms"), not to exceed a total of five additional years. This AGREEMENT shall automatically renew for additional one-year terms if neither party notifies the other in writing of its intent to terminate the AGREEMENT not less than thirty (30) days prior to the end of a term.All terms and conditions of this AGREEMENT shall continue unchanged during the Renewal Terms unless a written amendment to the AGREEMENT is executed by the Parties. 2. Termination 2.1. Termination for Cause: Notwithstanding any other provision of this AGREEMENT-- Should CONTRACTOR fail to perform any of its obligations hereunder, within the time and in the manner herein provided, or otherwise violate any of the terms of this AGREEMENT, AIRPORT must: • First, notify CONTRACTOR of violation of obligations and give CONTRACTOR 30 days to cure this violation. • Second, if CONTRACTOR fails to cure the violation within 30 days of receiving notification from AIRPORT, AIRPORT may immediately terminate this AGREEMENT by giving CONTRACTOR written notice of such termination, stating the reason for termination. Should AIRPORT fail to perform its obligations under this AGREEMENT, including failing to pay CONTRACTOR in accordance with this AGREEMENT, or otherwise violates any of the terms of this AGREEMENT, CONTRACTOR must: • First, notify AIRPORT of violation of obligations and give AIRPORT 30 days to cure this violation. • Second, if AIRPORT fails to cure the violation within 30 days of receiving notification from CONTRACTOR, CONTRACTOR may immediately terminate this AGREEMENT by giving AIRPORT written notice of such termination, stating the reason for termination. 2.2. Termination for Convenience: For a period of one (1) year following COMMENCEMENT DATE, neither Party may terminate this AGREEMENT for convenience. After the initial one (1) year period, either Party may terminate this AGREEMENT for convenience by giving the other party thirty (30) days written notice. 2.3. Termination by AGREEMENT of the Parties: If, prior to the expiration of this AGREEMENT, the AIRPORT or CONTRACTOR elect not to continue this AGREEMENT(either by extension ofthe term or option year) CONTRACTOR or AIRPORT may notify the other party in writing of intent to not continue this AGREEMENT. Notice must be given prior to the anniversary of the COMMENCEMENT DATE. Upon termination of this AGREEMENT, the following provisions in 2.4 and 2.5 will also apply. 2.4. Delivery of Work Product and Final Payment Upon Termination: In the event of termination, CONTRACTOR, within 30 days following the date of termination, shall deliver to AIRPORT: • For PlanePass: All standard reports pertaining to unpaid balances and to any amounts paid into Vector and unpaid to AIRPORT. 2.5. Payment Upon Termination: Upon termination of this AGREEMENT by AIRPORT, CONTRACTOR shall be entitled to payment for all contracted services unpaid and due before the effective date of termination. Payment shall be made by AIRPORT within 30 days of a written invoice from CONTRACTOR. For PlanePass billing & collection service: • CONTRACTOR will remit to AIRPORT all aircraft operating fees collected up through the date of termination, less the Vector Billing & Collection Fees specified in this document. • CONTRACTOR will produce aircraft operating invoices for the un-invoiced period, a full calendar month per the normal process. This final invoice period will be the last period of aircraft operating fee invoices. No further regular cycle invoices will be produced. Out of Cycle invoices for this or prior periods may still be produced as necessary to correct any billing errors discovered through the customer service process. • CONTRACTOR will continue PlanePass customer service, payment processing, active collections on unpaid invoices/accounts, reporting, and remittance for four full-month periods after the effective termination date of the AGREEMENT. Four months are recommended to maxim izecollections for previous invoiced periods. • After the above indicated service continuation period has ended, CONTRACTOR will discontinue all customer service, payment processing, reporting, remittance, and collection efforts and will refer all customer service calls to the AIRPORT. Following the service continuation period referenced above, CONTRACTOR shall discontinue all services and will refer all customer calls to the AIRPORT. Because some aircraft operators may not comply with CONTRACTOR's instructions to pay AIRPORT directly after the service continuation period has ended, CONTRACTOR may, solely upon the direction of the AIRPORT, continue to passively allow payments to be made to its lockbox and will continue to report and remit these payments to the AIRPORT for a period not to exceed sixty (60) days from the end date of the continuation period described in this section of the AGREEMENT. 3. Scope of Work 3.1. CONTRACTOR's Specified Work: CONTRACTOR shall perform the services described in EXHIBIT A, attached hereto and incorporated herein by this reference (hereinafter "Scope of Work"), and within the times or by the dates provided for in EXHIBIT A. 3.2. Cooperation with AIRPORT: CONTRACTOR shall cooperate with AIRPORT and AIRPORT staff in the performance of all work hereunder. 3.3. Performance Standard: CONTRACTOR shall perform all work hereunder in a manner consistent with the level of competency and standard of care normally observed by a person practicing in CONTRACTOR's profession. CONTRACTOR hereby agrees to provide all services under this AGREEMENT in accordance with generally accepted professional practices and standards of care, as well as the requirements of applicable federal, state and local laws, including but not limited to: the Fair Debt Collection Practices Act and Texas Debt Collection law. 4. Compensable Products and Services: CONTRACTOR shall be compensated for all goods sold and services performed pursuant to this AGREEMENT according to the following: 4.1. Equipment: The contracted solution in this AGREEMENT does not require equipment installation. Any equipment purchased by AIRPORT to be provided by CONTRACTOR during the term of the AGREEMENT will be governed by an amendment to this AGREEMENT, or a purchase order. 4.2. PlanePass Billing & Collection: CONTRACTOR'S fee for billable activity is 20% of amounts collected for this AGREEMENT. CONTRACTOR'S fee is paid out of collections on behalf of AIRPORT at the time of transfer of the "balance of collections" (i.e.,the balance =total collections less CONTRACTOR'S fee and any adjustments)to AIRPORT. 4.2.1. The "balance of collections" is defined as the total gross collections on behalf of AIRPORT during a monthly collection cycle less the PlanePass Billing & Collection fee, stated above, and less documented payment adjustments made (e.g., returned checks, refunds). 4.2.2. The transfer of the "balance of collections" and CONTRACTOR's fee will occur monthly not later than the 10th day of each calendar month. 4.3. Commercial Operators Audit Report: AIRPORT may engage CONTRACTOR to provide a monthly Commercial Operators Audit Report ("Report").The Report is not an included service at the time of AGREEMENT execution. The Report is an add-on service falling within the Scope of Work in Exhibit A and governed by the terms and conditions of this AGREEMENT. 4.3.1. To request the Commercial Operators Audit Report service, an authorized representative of the AIRPORT must provide written notice to CONTRACTOR. The written notice will also indicate which of the pricing options in Section 4.3.2 the AIRPORT elects. CONTRACTOR will provide written acceptance of the request. 4.3.2. CONTRACTOR'S fee for the Report service is either: • $3,000 per year; OR • An additional 1% added to CONTRACTOR'S PlanePass Billing and Collection fee listed in Section 4.2; or if previously amended, CONTRACTOR's PlanePass Billing and Collection fee at time of receipt of written notice to add on Report service. 5. Payment Terms: For all services and incidental costs required hereunder, if any,CONTRACTOR shall be paid in accordance with the following terms: 5.1. Equipment: If added to this AGREEMENT by written amendment, the price of equipment is paid 50% due within 30 days of arrival of shipped equipment at AIRPORT, 50% within 30 days of invoice after installation & testing. Note: Installation will not commence until initial 50% payment is received by CONTRACTOR. 5.2. PlanePass Billing & Collection: Retained by CONTRACTOR from billing & collection proceeds, transferred by ACH from CONTRACTOR'S bank collections lockbox at the time of monthly disbursement to AIRPORT followingeach monthly collection period. The current location of the collections lockbox is at Wells Fargo Bank in Philadelphia, PA. CONTRACTOR shall inform AIRPORT by written notice in the event of a change in the banking institution or location of the collections lockbox. 5.3. Commercial Operators Audit Report: If AIRPORT elects annual flat-fee pricing, $3,000.00 will be billed upon receipt of AIRPORT's written notice to engage Report service. Future years, unless canceled in writing by AIRPORT upon not less than ninety(90)days' advance notice,will be billed on the anniversary date of the receipt of AIRPORT's notice. Terms are Net 30. If AIRPORT elects to add 1%to PlanePass fee,the 1%will be added to the first monthly collection cycle for which CONTRACTOR provides the REPORT. 6. Insurance: With respect to performance of work under this AGREEMENT, CONTRACTOR shall obtain and provide insurance in the amounts and types of coverages required by the City's Risk Manager or the Risk Manager's designee ("Risk Manager") as are set out in the attached Exhibit B,the content of which exhibit is incorporated into this AGREEMENT by reference as if fully set out here in its entirety. CONTRACTOR shall provide immediate written notice if: (1) any of the required insurance policies is terminated or not renewed; (2) the limits of any of the required policies are reduced; or (3) the deductible or self- insured retention is increased. Upon written request, certified copies of the required insurance policies must be provided within thirty (30) days. CONTRACTOR's liability to AIRPORT shall be limited to those items covered and paid by CONTRACTOR's insurance policies as set out in Exhibit B. 7. Notice: All notices, demands, requests or approvals to be given under this AGREEMENT, shall be given in writing and conclusively shall be deemed served when delivered personally or on the third business day after deposit in the United States mail, postage prepaid, registered or certified, addressed as follows: 7.1. All notices, demands, requests or approvals from CONTRACTOR to AIRPORT shall be addressed to: Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 Attn: Airport Director 7.2. All notices, demands, requests or approvals from AIRPORT to CONTRACTOR shall be addressed to: Peter Coleton, President Vector Airport Systems 950 Herndon Parkway, Suite 460 Herndon, VA 20170 8. Independent Parties: The parties to this AGREEMENT will act in their independent capacities and, other than CONTRACTOR performing as a fiduciary for AIRPORT in the collection of landing fees, not as agents, employees, or partners of one another.AIRPORT, its officers, and employees shall have no control or direction over CONTRACTOR or any of CONTRACTOR's agents, employees, or subcontractors, except as otherwise provided herein. 9. Integrated Contract: This AGREEMENT represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modifications of this AGREEMENT will be effective only by written execution signed by both AIRPORT and CONTRACTOR and approved as to form by AIRPORT's Attorney. 10. Authority of Executor: The person executing AGREEMENT on behalf of AIRPORT certifies and represents that he/she has authority and power to bind AIRPORT to the obligations set forth herein and to sign on its behalf. The person executing AGREEMENT on behalf of CONTRACTOR certifies and represents that he/she has authority and power to bind CONTRACTOR to the obligations set forth herein and to sign on its behalf. 11. Waiver: A waiver by either party to this AGREEMENT of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein. 12. Successors in Interest: All terms and conditions of this AGREEMENT shall be binding upon and inure to the benefit of any successors in interest to the parties hereto. This clause shall not be deemed as a waiver of any prohibitions or conditions against assignment upon the merger or sale by CONTRACTOR to an unaffiliated party or entity of all or a substantial portion of CONTRACTOR'S business assets, with written notice to the AIRPORT identifying the assignee and any change to the location of the payment lockbox for payments. 13. Indemnification: CONTRACTOR to AIRPORT: The CONTRACTOR shall indemnify and hold harmless the AIRPORT, its officers, employees, agents and contractors from liabilities, damages, losses, and costs, including but not limited to, reasonable attorneys'fees,to the extent caused by the negligence, recklessness or intentional wrongful conduct of CONTRACTOR and persons employed or utilized by CONTRACTOR in the performance of this AGREEMENT. AIRPORT to CONTRACTOR: To the extent allowed by the Laws of Texas, the AIRPORT hereby agrees to indemnify, defend, save, and hold harmless the CONTRACTOR from all claims, demands, liabilities, and suits of any nature arising out of, because of or due to any intentional or negligent act or occurrence, omission, or commission of the AIRPORT, its agents, or employees. It is specifically understood and agreed that this indemnification clause does not cover or indemnify the CONTRACTOR for its own negligence. These terms shall not be construed to waive any statutory rights provided to the AIRPORT. 14. No Personal Liability. Nome m be r, director,or officer or employee of either party shall be personally liable for the performance of either party's obligations under this AGREEMENT or on account of any breach thereof or because of its execution or attempted execution. 15. Public Information Requests. The parties acknowledge that the City is a Texas governmental entity subject to the Texas Public Information Act (the "Act"). Should City receive a request for disclosure of Confidential Information pursuant to the Act, City will promptly provide Contractor notice of such request in accordance with Section 552.305 of the Texas Government Code so that Contractor may avail itself of any opportunities to establish reasons why the information should be withheld prior to disclosing such Confidential Information. The burden of establishing the applicability of exceptions to disclosure of Confidential Information under the Act resides with Contractor. Should Contractor be unable to establish a valid exception from disclosure or exclusion from the Act or protective order, then City may release the information, solely to the extent necessary to comply with the Act. 16. City Council Funding Approval. The continuation of this AGREEMENT after the close of any fiscal year of the City, which fiscal year ends on September 30th annually, is subject to budget approval and appropriations specifically covering this AGREEMENT as an expenditure in the City's budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this AGREEMENT. The City does not represent that a budget item providing for this AGREEMENT will be adopted, as that determination is within the City Council's sole discretion when adopting the budget. In the event funding is not budgeted for any future year of this AGREEMENT,the AGREEMENT terminates upon notice by and without recourse against the City, and payment for services completed up to and including the date of termination remain due and owing by the City. 17. Severability: If any provision of this AGREEMENT, or the application thereof, to any person or circumstances shall to any extent be held invalid or unenforceable,the remainder of this AGREEMENT, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid and unenforceable, shall not be affected thereby, and each term and provision of this AGREEMENT shall be valid and be enforced to the fullest extent permitted by law unless one or both parties would be substantially and materially prejudiced. 18. Governing Law and Venue: This AGREEMENT shall be governed by, and construed in accordance with,the laws of the Texas, where this AGREEMENT is being entered into and will be performed. The courts of Texas shall have exclusive jurisdiction to hear any claim between the CONTRACTOR and the AIRPORT in connection with the AGREEMENT. Prior to filing any claim or action related to this AGREEMENT, the parties may, but shall not be obligated to, submit such claim or action to non- binding mediation before a mediator mutually agreeable to the parties. The parties shall share equally in the costs of mediation. 19. Force Majeure: In the event that either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of insurrection, war, fire or other casualty or other reason of a similar or dissimilar nature beyond the reasonable control of the party delayed in performing work or doing acts required under the terms of this AGREEMENT, then performance of such act shall be excused for the period of the actual delay attributable to such causes, and the period from the performance of any such act shall be extended for a period equivalent to the period of such delay (any such delay is herein referred to as an "Unavoidable Delay"). This Section shall not be applicable to the CONTRACTOR's obligations to procure insurance or to pay any Payments or any other sums, moneys, costs, charges or expenses required to be paid by the CONTRACTOR hereunder. If any provision of this AGREEMENT negates or limits the period of any force majeure extension, such provision shall override this Section. The CONTRACTOR shall not be entitled to an extension for any Unavoidable Delay unless the CONTRACTOR has given the AIRPORT written notice of the delay within a reasonable time notto exceed five(5)business days following the occurrence of the delaying event. 20. Nondiscrimination:Without limiting any other provision hereunder, CONTRACTOR shall comply with all applicable federal, state, and local laws, rules, and regulations regarding nondiscrimination in employment because of race, color, ancestry, national origin, religion, sex, marital status, age, medical condition, pregnancy, disability, sexual orientation or other prohibited basis, including without limitation, the AIRPORT's Non-Discrimination Policy. All nondiscrimination rules or regulations required by law to be included in this AGREEMENT are incorporated herein by this reference. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the EXECUTION Date. [signature page to follow] CONTRACTOR: Vector Airport Systems. LLC By: Title: Name: Date: AIRPORT: The City of Corpus Christi,Texas By: Title: Name: Date: EXHIBIT A-Scope of Work("WORK") CONTRACTOR shall: Provide the PlanePass billing & collection service to manage the fees designated by the AIRPORT: • Landing Fees • Other fees implemented by AIRPORT, as communicated in writing to CONTRACTOR. o CONTRACTOR must agree i n w r i t i n g that other fees implemented do not materially change theScope of Work required to provide PlanePass service. o Other fees that require material changes to Scope of Work may require renegotiation and an amendment to CONTRACTOR'S fee stated in Section 4.2 of this AGREEMENT. Provide overall project management for each of the components listed,from procurement through, and including, training. 1. PlanePass Billing & Collection Service: Utilize PlanePass service to provide billing services once an aircraft is identified. The Vantage Aircraft ID System identifies billable operations, as defined by the AIRPORT, and tracks exempt aircraft, billable weights, and operations types (e.g. arrivals and departures). 1.1. Provide exemptions for AIRPORT-designated aircraft via batch upload from Excel spreadsheet(s). During the billing process, aircraft listed as exempt, and those under a specified weight, will be removed automatically from the billable activities to be invoiced. AIRPORT will continue to provide CONTRACTOR with updates to the exemptions list on a monthly basis. 1.2. Coordinate with AIRPORT staff to ensure that invoices generated on behalf of the AIRPORT are consistent with the AIRPORT's existing billing rate and policies. Produce accounting data in a standard format for import into the Airport's accounting system, as required. Provide electronic access to CONTRACTOR'S Customer Portal in order to allow AIRPORT customers to receive electronic invoices. All other invoices will be printed, sorted and mailed to customers by CONTRACTOR. 1.3. Provide customer service center access (live via phone and email) to all aircraft operator accounts to address and resolve questions regarding fees, invoices, payments and other customer service items that arise from issued invoices. 1.4. Provide Pilot Portal where aircraft operators can securely login to their account(s)to check billing status, print and review bills, and submit payment online. 1.5. Maintain PlanePass automated billing services including: billing, customer support, collection of fees, and reporting. 1.6. Enable web-based access by AIRPORT staff to collected data using Airport Portal. Data must be available to download into commercial off-the-shelf software program (Excel). 1.7. Provide collection system that automatically credits accounts for payments received, calculates operator balances, and tracks accounts receivable balances. 1.8. Process payments through a secure bank lockbox with proper and auditable cash controls.Within seven (7) days after the close of the month, provide Airport Manager with Collection Report for approval and electronically transfer collected funds to the AIRPORT in accordance with the CONTRACTOR'S service fee agreement outlined in the pricing section herein. 1.9. Provide ongoing client and user support. 2. Assigned Personnel: 2.1. CONTRACTOR shall assign only competent personnel to perform work hereunder. In the event that at any time AIRPORT, in its sole discretion, desires the removal of any person or persons assigned by CONTRACTOR to perform work hereunder, CONTRACTOR shall remove such person or persons immediately upon receiving written notice from AIRPORT. 2.2. Any and all persons identified in this AGREEMENT or any exhibit hereto as the project manager, project team, or other professional performing work hereunder are deemed by AIRPORT to be key personnel whose services were a material inducement to AIRPORT to enter into this AGREEMENT, and without whose services AIRPORT would not have entered into this AGREEMENT. CONTRACTOR shall not remove, replace, substitute, or otherwise change any key personnel without the prior written consent of AIRPORT. 2.3. If any of CONTRACTOR's personnel assigned to perform services under this AGREEMENT become unavailable due to resignation, sickness or other factors outside of CONTRACTOR's control, CONTRACTOR shall be responsible for timely provision of adequately qualified replacements. AIRPORT shall: 1. Airport Obligations: 1.1. AIRPORT Obligations -General: AIRPORT shall be obligated to use its best efforts to perform or provide the following: 1.1.1. Provide Information: AIRPORT shall make available to CONTRACTOR any documents, data, or information necessary for CONTRACTOR to plan and provide the services described in this AGREEMENT, and that are within AIRPORT's possession or control and are not confidential, privileged or subject to privacy protections. Examples of this data might be aircraft fee rates,collections records, based aircraft lists, etc. 1.1.2. Point of Contact:AIRPORT shall designate a representative authorized to act on behalf of AIRPORT for the duration of this AGREEMENT. 1.1.3. Timely Response: AIRPORT shall, within a reasonable time, examine documentation, correspondence, invoices, and statements submitted to AIRPORT for review by CONTRACTOR and respond as necessary within a reasonable time. 1.2. AIRPORT Obligations- PlanePass 1.2.1. Financial Point of Contact:AIRPORT shall designate a representative authorized to act on behalf of AIRPORT for the duration of this AGREEMENT in the capacity of reviewing PlanePass financial reports and interfacing with CONTRACTOR's PlanePass team from time to time on issues such as based aircraft lists, fee rate updates, airport fee policies, and exemption requests. 1.2.2. Fee Exemptions: AIRPORT shall not, during the Initial Term and any Renewal Term of this Agreement, bill aircraft included on exempt lists for fee types managed by CONTRACTOR; "exempt" is understood to mean not billed by any party. 1.2.3. Payments Received by AIRPORT: AIRPORT shall not purposefully engage in the acceptance and receipt of payments for aircraft operating fees billed by CONTRACTOR during the Initial Term and any Renewal Term of this Agreement. To ensure proper accounting, AIRPORT will transfer or remit to CONTRACTOR any payments inadvertently received for aircraft operating fees invoiced by CONTRACTOR. 1.2.4. Airport Policy: AIRPORT shall be responsible for setting AIRPORT policy as it pertains to aircraft fee billing and other matters that may involve CONTRACTOR and for communicating these policies to the appropriate AIRPORT stakeholders including the AIRPORT flying community. EXHIBIT B INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor (Vector Airport Systems, LLC) must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and/or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1. Commercial Broad Form 2. Premises—Operations 3. Products/ Completed Operations $10,000,000 Per Occurrence El 4. Contractual Liability 5. Independent Contractors $20,000,000 Per Occurrence ❑ 6. Personal Injury- Advertising Injury Required ® Not Required ❑ CRIME/EMPLOYEE DISHONESTY $200,000 Per Occurrence Contractor shall name the City of Corpus Christi, Texas as Loss Payee Required ® Not Required ❑ Subcontractors Contractor shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Contractor shall ensure that City is an additional insured on insurance required from subcontractors. For CGL coverage subcontractors shall provide coverage with a format at least as broad as CG 20 38 04 13. Required ® Not Required ❑ C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of,the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies must provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal, material change or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this agreement. Failure to provide and to maintain the required insurance shall constitute a material breach of this agreement. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required,the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. 2022 Insurance Requirements Ins. Req. Exhibit- Aviation Contracts for General Services Performed Onsite—Vector Airport Systems, LLC 08/04/2022 Risk Management—Legal Dept. CCIA'k _.O �iAvlllllk Corpus Christi International Airport Cha ter 9 ......... ........ Chapter 9 Revisions • Expands applicability of Landing Fees to be assessed on landing aircraft: • To all aircraft instead of just commercially operated aircraft. • To aircraft over 6,000 pounds or heavier, instead of 12,500 pounds or heavier • Measured by Maximum Landed Weight of aircraft CrI A Corpus Christi ��w International Airport Vector Airport Systems '- Rs • Custom built landing fee collection system, 99.6% collection rate • Captures 99% of aircraft IDs, calculates fees and bills aircraft operators • Highly transparent, efficient financial process used by 20+ airports PLANEPASS AIRCRAFT '' DATA FUSION ground-basetl PLANEPASS BACK OFFICE Tatellite-basetl� � ✓n acking Aircraft Ops ailling �at�ieeand Aeao"s Collect s [focal radar Fligbt king data nccou game,and /L} C77C 1 P mages �! g,aaa,= Pavme CeL� Cor us Christi .i miA01ft International Airport 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 30, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2601 Josh Chronley, Assistant Director of Finance-Procurement JoshC2(a-)cctexas.com (361) 826-3169 Landscaping and Grounds Maintenance for Police Buildings CAPTION: Resolution authorizing a three-year service agreement, with William Charlton, dba Lawn in Order, of Corpus Christi, Texas, for landscaping and grounds maintenance for outlying Corpus Christi Police Department buildings and main police headquarters in an amount not to exceed $91,500.00, with FY 2022 funding of$7,625.00 from the General Fund. SUMMARY: The resolution is to approve a three-year service agreement for landscaping and grounds maintenance for outlying buildings and main police headquarters for the Corpus Christi Police Department (CCPD). BACKGROUND AND FINDINGS: CCPD has six locations, including the main police headquarters, that require landscaping and grounds maintenance. The scope of work for the proposed service agreement includes mowing, trimming, and debris cleanup to be done on a bi-weekly basis at five locations and monthly at one location. The five buildings that will receive bi-weekly service include the main police headquarters, the police training building, the public safety building, the professional standards building, and the property warehouse. The vehicle impound lot will receive services monthly. The proposed agreement is not intended for as-needed services. Only routine services will be used under the proposed agreement. The other CCPD buildings that are not part of the proposed agreement have their landscaping and grounds maintained by the City's Parks and Recreation Department and by Flint Hills, where applicable. Currently, CCPD uses Triple G Lawn Services LLC., of Corpus Christi, Texas. They have a three-year service agreement for$96,000 with the City that expires on August 22, 2022. PROCUREMENT DETAIL: Procurement conducted a competitive Request for Bid process to obtain bids for a three-year service agreement. The City received six responsive, responsible bids, and is recommending the award to William Charlton, dba Lawn in Order of Corpus Christi. The incumbent, Triple G Lawn Services LLC. of Corpus Christi, has a three-year agreement that expires August 22, 2022.The price difference between the current contract and the proposed contract reflects a 4.69%, or $4,500, decrease in favor of the proposed contractor. ALTERNATIVES: The alternative is not to award the contract and hire a company as needed. However, this will result in more costly services as opposed to awarding a multi-year service agreement with the lowest, responsive and responsible bidder. FISCAL IMPACT: The fiscal impact for this contract is FY 2022 funding of$7,625.00 from the General Fund. The remainder of the contract amount is part of the proposed FY 2023 Budget. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11870 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Amount: $7,625.00 RECOMMENDATION: Staff recommends approval of this resolution authorizing a three-year service agreement, with William Charlton, dba Lawn in Order, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement Resolution authorizing a three-year service agreement, with William Charlton, dba Lawn in Order, of Corpus Christi, in an amount not to exceed $91,500.00, for landscaping and grounds maintenance for outlying Police buildings and main Police headquarters, with FY 2022 funding of$7,625.00 from the General Fund. WHEREAS, State law provides that, if a competitive sealed bidding requirement applies to a contract for goods or services, the contract must be awarded to the lowest responsive, responsible bidder or to the bidder who provides the best value, pursuant to Texas Local Government Code §252.043(a); WHEREAS, the City notified all bidders for Bid No. 4174 that a contract would be awarded to the lowest responsive, responsible bidder; WHEREAS, the City finds that the lowest responsive, responsible bidder is William Charlton, dba Lawn in Order, of Corpus Christi; and WHEREAS, in the event the lowest responsive, responsible bidder fails to execute the awarded contract or fails to perform under the contract as to any services, the City Manager, or his designee, is authorized to execute a service agreement for the remaining contract term with the next lowest responsive, responsible bidder in Bid No. 4174, in succession, to secure necessary replacement services at the Police Department headquarters and outlying department locations, as a matter of public health and safety, to keep City property, roadways, and sidewalks clear at all times; now, therefore, Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee ("City Manager"), is authorized to execute a three-year service agreement with William Charlton, dba Lawn in Order ("Contractor"), in an amount not to exceed $91 ,500.00, with FY 2022 funding of $7,625.00 from the General Fund. Furthermore, in the event the Contractor fails to execute the service agreement or fails to perform as required, the City Manager is authorized to execute a replacement service agreement for the remainder of the contract term in accordance with the language stated in the preamble of this resolution. PASSED AND APPROVED on the day of , 2022: Paulette Guajardo Roland Barrera Gil Hernandez Page 1 of 2 Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 City of Cwpus Christi Bid Tabulation Fi...... ance-Procurement Department LRFB_c-4174 Buyer:Liza Elizalde Landscaping and Grounds Maintenance fw Outtymg Police Buildings William Chodfon,dba 36ghtVew Landscape Ace Communication LTD Apostle Construction Lawn in Order Services,Inc. ASPen Lawn Care Co dba ACE Global Triple G Lawn Services LLC Enterprises,LLC of Corpus Christi,Texas of Corpus Christi,Texas of Corpos Christi,Texas of Corpus Chrisfi,Texas of Corpos Christi,Texas of Corpus Chrisfi,Texas ITEM DI-RIPTION Cycle Unit Price E#ended P- Unit Price EA-ded Price Unit Price EMended Price Unit Price EA-ded Price Unit Price EMended Price Unit Price E-nded Price 1 Main Police Building,3211ohn Sartain St.(3 Vear Services@26 78 $ 200.00 $ 15,600.00 $ 241.44 $ 18,832.32 $ 230.50 $ 17,979.00 $ 164.015 $ 12,796.fi8 $ 150.00 $ 11,700.00 $ 350.00 $ 27,300.00 Cycles per Vear) 2 Training Center Building,4510 Corona Dr.(3 Vear Services@2fi 78 $ 100.00 $ 7,800.00 $ 163.39 $ 12,744.42 $ 230.50 $ 17,979.00 $ 164.06 $ 12,796- $ 100.00 $ 7,800.00 $ 350.00 $ 27,300.00 Cycles per Vear) 3 Public Safety Police Building B.,1501 Holly Rd.(3 Vear Services@ 78 $ 200.00 $ 15,fi00.00 $ 241.44 $ 18,832.32 $ 230.50 $ 17,979.00 $ 328.13 $ 25,599.14 $ 300.00 $ 23,400.00 $ 350.00 $ 27,300.00 26 Cycles per Vea) 4 Internal Affairs Bldg.,M05 Williams Dr.(3Vear Services@2fi 78 $ 200.00 $ 15,600.00 $ 163.39 $ 12,744.42 $ 230.50 $ 17,979.00 $ 218.75 $ 17,062.50 $ 200.00 $ 15,600.00 $ 350.00 $ 27,300.00 Cycles per Vear) 5 Property Warehouse,1502 Brownlee Blvd.(3 Vear Services@2fi 78 $ 150.00 $ 11,700.00 $ 163.39 $ 12,744.42 $ 230.50 $ 17,979.00 $ 164.06 $ 12,796- $ 225.00 $ 17,550.00 $ 350.00 $ 27,300.00 Cycles per Vear 6 Vehicle lm pound Lot,5485 Greenwood Dr.(3 Vear Services@12 36 $ 700.00 $ 25,200.00 $ 516.70 $ 18,601.20 $ 230.50 $ 8,298.00 $ 492.19 $ 17,718.&1 $ 750.00 $ 27,000.00 $ 350.00 $ 12,fi00.00 Cycles per Vear Total Pricefor3yeara $ 91500.00 $ 94,499.10 $ 98,193.00 $ 98,765.52 $ 103,050.00 $ 149,100.00 Page 1 of 1 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4174 U Landscaping and Grounds Maintenance for Outlying Police ye1852Eo Buildings THIS Landscaping and Grounds Maintenance for Outlying Police Buildings Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and William Charlton dba Lawn in Order, a sole proprietor ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Landscaping and Grounds Maintenance for Outlying Police Buildings in response to Request for Bid/Proposal No. 4174 ("RFB/RFP"), which RFB/RFP includes the required scope of work and all specifications and which RFB/RFP and the Contractor's bid or proposal response, as applicable, are incorporated by reference in this Agreement as Exhibits 1 and 2, respectively, as if each were fully set out here in its entirety. NOW, THEREFORE, City and Contractor agree as follows: 1. Scope. Contractor will provide Landscaping and Grounds Maintenance for Outlying Police Buildings ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is three years beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to zero additional zero-year periods ("Option Period(s)"), provided, the parties do so in writing prior to the expiration of the original term or the then-current Option Period. (B) At the end of the Term of this Agreement or the final Option Period, the Agreement may, at the request of the City prior to expiration of the Term or final Option Period, continue on a month-to-month basis for up to six months with compensation set based on the amount listed in Attachment B for the Term or the final Option Period. The Contractor may opt out of this continuing term by providing notice to the City at least 30 days prior to the expiration of the Term or final Option Period. During the month-to-month term, either Party may terminate the Agreement upon 30 days' written notice to the other Party. Service Agreement-William Charlton dba Lawn in Order Page 1 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA 3. Compensation and Payment. This Agreement is for an amount not to exceed $91,500.00, subject to approved extensions and changes. Payment will be made for Services performed and accepted by the City within 30 days of acceptance, subject to receipt of an acceptable invoice. All pricing must be in accordance with the attached Bid/Pricing Schedule, as shown in Attachment B, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. Any amount not expended during the initial term or any option period may, at the City's discretion, be allocated for use in the next Option Period. Invoices must be mailed to the following address with a copy provided to the Contract Administrator: City of Corpus Christi Attn: Accounts Payable P.O. Box 9277 Corpus Christi, Texas 78469-9277 4. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Agreement, including deductions for non-performance and authorizations for payment. The City's Contract Administrator for this Agreement is as follows: Name: Pat Eldridge Department: Police Department Phone: 361-886-2696 Email: Pat@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement-William Charlton dba Lawn in Order Page 2 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. (C) Additionally, being that the Contractor is a sole proprietor but is excluded from the required workers' compensation coverage and policy (that is provided for his employees) pursuant to this Agreement, Contractor shall complete and sign a release of liability and waiver (which is Attachment E to this Agreement), which, as a fully completed and signed document is incorporated by reference into this Agreement as if the content of Attachment E was fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more Service Agreement-William Charlton dba Lawn in Order Page 3 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own manner and method, and under no circumstances or conditions will any agent, servant or employee of the Contractor be considered an employee of the City. 12. Subcontractors. In performing the Services, the Contractor will not enter into subcontracts or utilize the services of subcontractors. 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Pat Eldridge Title: Police Manangement Services Director Address: 321 John Sartain St., Corpus Christi, Texas 78401 Phone: 361-886-2696 Fax: N/A Service Agreement-William Charlton dba Lawn in Order Page 4 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA IF TO CONTRACTOR: William Charlton dba Lawn in Order Attn: William Charlton Title: Owner Address: 3402 Crest Lake Dr., Corpus Christi, Texas 78415 Phone: 361-533-9076 Fax: N/A 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. Service Agreement-William Charlton dba Lawn in Order Page 5 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the Service Agreement-William Charlton dba Lawn in Order Page 6 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. (Signature Page Follows) Service Agreement-William Charlton dba Lawn in Order Page 7 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA CONTRACTOR DocuSigned by: Signature: ' z'30-�PeFz4D-... Printed Name: William Charlton Title: Owner Date: 8/22/2022 CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Date: Attached and Incorporated by Reference: Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Attachment E: Release of Liability and Waiver Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. 4174 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement-William Charlton dba Lawn in Order Page 8 of 8 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide complete grounds and landscape maintenance, including all reasonable and necessary labor, supervision, equipment and supplies to keep contracted areas properly maintained as outlined in this Scope of Work. Scope of Work A. Prior to the start of each landscaping and grounds maintenance, the Contractor shall remove all litter and debris such as paper, cans, bottles, bags, accumulated leaves, palm fronds, tree limbs, and other tree litter from fence lines, sidewalks, trees, shrubs, groundcover beds, all curbs and gutters, and other hard surfaces at each identified location. Special attentions shall be given to ensure the removal of objects, dead tree limbs, which may cause injury, if thrown from mowing equipment. The Contractor must perform grounds, landscaping, and turf maintenance for all locations including but not limited to lawn and shrub areas, flowerbeds and planters, walkways, curbsides, and play areas. B. The Contractor shall remove any visible trash and debris that were cut up during the process. The Contractor shall not dispose of any trash or debris into dumpsters located on City property. The trash and debris must be removed from City property and disposed of in accordance with all City ordinances. All trash and litter shall be disposed of properly as part of this scope of work. C. The Contractor is required to cover/tarp debris while transporting for disposal and while moving from site to site. D. Disposing litter and debris at an illegal dumpsite is grounds for termination of this agreement. E. Cycle Description: (12 months) July-June • 6 locations - Bi-Weekly • 1 Location- Once per month If a cycle is finished before the days are up, the Contractor will not start another cycle until the day after the completion of the previous cycle. The Contractor will notify the Contract Administration upon completion of mowing for a cycle. F. All grass clippings shall be removed from all walkways, sidewalks, driveways, and parking lots after each mowing. Page 1 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA G. All areas around trees, shrubs, buildings, posts, fences, sidewalks and curbs will be edged with lawn trimmers after each mow. H. All mowing equipment shall be equipped with sharp blades so as not to tear, but cleanly cut the blades of grass. Mowers shall be adjusted for a cutting height of approximately three inches. I. The Contractor will trim any tree limbs hanging too low and/or causing an obstruction of any kind. Small shrubs will be kept up and trimmed as needed. Any dead or fallen tree limbs, palm fronds, weeds, or any other vegetation will be removed and properly disposed by the contractor. J. The Contractor shall mow as close as practicable to all fixed objects exercising extreme care not to damage trees, plants, shrubs, fire hydrants, sign and power poles, guardrails, culvert headwall, delineators or other appurtenances which may be on some of our locations. It is the responsibility of the Contractor to remove all litter and debris before and after each mowing. K. All resulting clippings and leaves shall be removed from any roadway, walkway, parking area, or any other hard surface including curbs and gutters and from plant beds, tree collars, etc. Contractors MUST NOT sweep or blow any grass clipping or leaves into the streets, gutters or other portions of the storm water system including ditches and storm drains. L. The entrance drive, parking areas, sidewalks, curbs and other hard surfaces shall be kept free of leaves, litter and debris. The use of power blowers is acceptable, however, accumulations of debris must be removed from the site and not blown onto adjacent property, street surfaces, sewer drains, fence lines or planting areas. M. The Contractor shall be responsible for notifying the Contract Administrator of large objects, including but not limited to furniture, appliances and massive dump sites etc. Any large object(s) which are too large to set aside, shall be moved around until removal is coordinated by the City. The Contractor shall coordinate the rescheduling of mowing the uncut area with the Contract Administrator. N. Use trimmers in locations where mowers cannot reach vegetation. O. Apply an effective, safe, and environmentally friendly herbicide to immediately kill all grass and weeds growing up through cracks and openings in sidewalks, curbs, roads, parking areas, walls, etc. Page 2 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Work Site and Conditions The work shall be performed at the locations listed below throughout the City. 1 . 321 John Sartain; Main Police Building - Bi-Weekly 2. 4510 Corona Dr.; Training - Bi-Weekly 3. 1501 Holly Rd.; Public Safety Warehouse - Bi-Weekly 4. 5805 Williams Dr.; Internal Affairs - Bi-Weekly 5. 1502 Brownlee; Property Warehouse - Bi-Weekly 6. *5485 Greenwood; Impound Lot - Once per month *Note: Service for Impound Lot must be performed and completed the week before Auction Day, which is the first Saturday of each month. The Contractor shall supply the City with a work schedule to indicate the normal starting and completion times for its operations. Work Hours: The Contractor will confine all operations to daylight hours, sunrise to sunset. Non-Work Hours: The Contractor may not store any equipment or tools on any site. After completion of work at any site, the Contractor must remove all equipment, supplies, and materials from that site. Security and Protection of Property 1 . Security Requirements: a. Then Contractor shall maintain and abide by the security measures at all locations including locking gates when leaving the sites. b. The Contractor shall not enter the buildings at any location for any reason without receiving prior approval from the Contractor Administrator. 2. Protection of Property: a. The Contractor shall take proper measures to protect all property which might be damaged by Contractor's Work hereunder, and in cases of any damage resulting from any act or omission on the part of or on behalf of the Contractor and shall restore at its own expense the damaged property to a condition similar or equal to that existing before such damage was done or shall make good such damage in all acceptable manner. b. All damages which are not repaired or compensated for by the Contractor will be repaired or compensated for by City forces at the Contractor's expense. All expenses charged by the City for repair work or Page 3 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA compensation shall be deducted from any monies owed to the contractor. Notifications and Inspections Each Monday morning, by 8:00am, the Contractor shall email the Contract Administrator a schedule indicating the locations that will be mowed that week. No work shall be done without approval of the Contract Administrator. Special Instructions All Contractor vehicles must have a decal clearly identifying the Contractor's company name. Page 4 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Exhibit A - Address Location & Maps Training_ Center Building @ 4510 Corona Dr. Start new X Perimeter o ., 761 ft r❑ Area 33,954 ft' - r❑ JO k Ad Public Safety Police Dept. Building B. - 1501 Holly Rd. J Simi M&W Y w 8,245.62 rhI � rN V � Page 5 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Internal Affairs Building - 5805 Williams Dr. o _ Start new x Perimeter ' 558 ft Area 19,259 ft' - r❑ r Al, Property Warehouse - 1502 Brownlee Blvd Start new X 1 i Perimeter V . IX 684 ft - �❑ }A Area 2 ,9�1 ft2 �❑ m. Page 6 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Main Police Dept. Building -321 John Sartain St. Axa •,.��. Nei-note Asea 9,261.11 r�t3 F IF 9 �' d... '•a a. `a M! � � M Vehicle Impound Lot- 5485 Greenwood Dr. Start new X Perimeter 40 2,859 ft - (�❑ r *fi Area . + _ ► � ,, �, `�� 496,771 t[' (�❑ Al qx t4 8' R i. �w a ri�V 'V 4 !}a 4 . . Page 7 of 7 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA ATTACHMENT B: BID/PRICING SCHEDULE � �� CITY OF CORPUS CHRISTI CONTRACTS AND PROCUREMENT BID FORM RFB No. 4174 Landscaping and Grounds Maintenance for Outlying Police Buildings Date: ( /� PAGE 1 OF 1 _1 Authorized ed Signature: 1. Refer to "Instructions to Bidders" and Contract Terms-,and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Locations UNIT QTY Unit Total Price Price 1 Main Police Building, 321 John Sartain St. Cycle 78 Szoo (opo 3 Year Services @ 26 Cycles per Year 2 Training Center Building, 4510 Corona Dr. Cycle 781DO �� 3 Year Services @ 26 Cycles per Year 3 Public Safety Police Building B., 1501 Holly Cycle 78 Rd. 3 Year Services @ 26 Cycles per Year 4 Internal Affairs Bldg., 5805 Williams Dr. Cycle 78 3 Year Services @ 26 Cycles per Year 5 Property Warehouse, 1502 Brownlee Blvd, Cycle 78 3 Year Services @ 26 Cycles per Year) �� 6 Vehicle Impound Lot, 5485 GreenwoodCycle 36 Dr. 3 Year Services @ 12 Cycles per Year) Z5 Grand Total AQ 5� DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA ATTACHMENT C: INSURANCE AND BOND REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor Agency to commence work until all similar insurance required of any subcontractor Agency has been obtained. B. Contractor must furnish to the City's Risk Manager and Contract Administer one (1) copy of Certificates of Insurance (COI) with applicable policy endorsements showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City must be listed as an additional insured on the General liability and Auto Liability policies by endorsement, and a waiver of subrogation is required on all applicable policies. Endorsements must be provided with COI. Project name and or number must be listed in Description Box of COI. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE Commercial General Liability Including: $1,000,000 Per Occurrence 1 . Commercial Broad Form 2. Premises- Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors 6. Personal Injury- Advertising Injury AUTO LIABILITY (including) $500,000 Combined Single Limit 1 . Owned 2. Hired and Non-Owned 3. Rented/Leased WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $500,000 /$500,000 /$500,000 C. In the event of accidents of any kind related to this agreement, Contractor must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 1 of 3 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Contractor must obtain workers' compensation coverage through a licensed insurance company. The coverage must be written on a policy and endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Contractor shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Contractor's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A-VII. C. Contractor shall be required to submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Contractor shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Manager P.O. Box 9277 Corpus Christi, TX 78469-9277 D. Contractor agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • List the City and its officers,officials,employees,volunteers,and elected representatives as additional insured by endorsement, as respects operations, completed operation and activities of, or on behalf of, the named insured performed under contract with the City, with the exception of the workers' compensation policy; • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation in favor of the City; and • Provide 30 calendar days advance written notice directly to City of any, cancellation, non-renewal,material change ortermination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. E. Within 5 calendar days of a cancellation, non-renewal, material change or termination of coverage, Contractor shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Contractor's performance should there be a lapse in coverage at any time during this contract. Page 2 of 3 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. F. In addition to any other remedies the City may have upon Contractor's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Contractor to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Contractor hereunder until Contractor demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Contractor may be held responsible for payments of damages to persons or property resulting from Contractor's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Contractor's insurance shall be deemed primary and non-contributory with respect to any insurance or self insurance carried by the City of Corpus Christi for liability arising out of operations under this agreement. I. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this agreement. BOND REQUIREMENTS: No bonds are required for this Agreement. 2021 Insurance Requirements Ins. Req. Exhibit 4-B Contracts for General Services-Services Performed Onsite 05/10/2021 Risk Management - Legal Dept. Page 3 of 3 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA ATTACHMENT D: WARRANTY REQUIREMENTS No manufacturer's warranty required for this Agreement. Page 1 of 1 DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA ATTACHMENT E RELEASE OF LIABILITY AND COVENANT NOT TO SUE STATE OF TEXAS § COUNTY OF NUECES § This release of liability and covenant not to sue ("Release") is executed on the date indicated below and is entered into forthe purpose of releasing the City of Corpus Christi and its officers, officials, employees, representatives, agents, and volunteers (collectively, the "City") from any and all liability whatsoever arising out of, caused by, or in any way connected with, either proximately or remotely, wholly or in part, participation by William Chariton ("Contractor"), a sole proprietor doing business as Lawn in Order, in providing landscaping and grounds maintenance for the City, which is the subject of the attached contractual agreement("Agreement") between the City and William Chariton dba Lawn in Order. This Release serves to relinquish and forever waive certain legal rights to which Contractor may be entitled by law or in equity. As such, Contractor is encouraged to consult with an attorney of his/her own choosing and at Contractor's sole expense prior to signing this document; however, Contractor may voluntarily choose to sign this Release without obtaining such consultation. I, William Charlton, in exchange for the City allowing me to forego the condition of providing workers' compensation insurance coverage that includes covering myself, or obtaining a separate health policy that includes coverage for myself, as a requirement of the Agreement, do hereby voluntarily enter into the following covenants: 1. 1 acknowledge that the capacity in which I will be participating in the Agreement is that of an independent contractor and not as an employee or agent of the City. I further understand that, as an independent contractor, I will receive no worker's compensation benefits, health benefits, disability benefits, nor other insurance benefits of any kind which might be available to full-time employees of the City and that, as an independent contractor, I am fully responsible for incurring the cost of and paying for any medical services that I may require during the term of the Agreement. 2. 1 acknowledge and understand that there may be risks involved in participating in the Agreement, I voluntarily and knowingly assume any and all such risks, and I shall rely solely on myself and not the City in determining what those risks are and the extent of and exposure to the risks involved. I understand and agree that I am participating in this Agreement at my own risk, and I hereby release, waive, and in all ways relinquish any and all present and future claim(s) against the City that 1, my heirs, successors, permitted assigns, or any other person or entity (as used collectively here and hereinafter as "I") may assert, have, or acquire as a result of any bodily DocuSign Envelope ID: D6EDE5CE-B7C8-4903-AC09-BFC9F89C97DA injury (including serious injury resulting in death), property damage, or loss of any kind whatsoever to myself or to my real or personal property arising out of, resulting from, or in any way connected with my participation in the Agreement between myself and the City. 3. 1 hereby release the City from all liability and waive and relinquish any and all such claims which may arise, and I further covenant not to file any lawsuits against nor join in any lawsuits with others to sue the City for any such claim, injury, loss, damage, or expense from participating in the Agreement regardless of whether the same may arise, result from, or be caused by any negligence or gross negligence of the City. 4. 1 acknowledge that the services I provide pursuant to the Agreement may occur on real property located in the City of Corpus Christi, Nueces County, Texas, and that may be owned, leased, controlled, or managed by the City. Further, I acknowledge that my services under the Agreement may, at times, be performed with tools, equipment, and other personal property owned, leased, controlled, or managed by the City. By execution of this Release, it is my express intention to completely absolve the City of all potential liability caused by, arising out of, or incident to my performance of services on City real property and that may be performed with tools, equipment, or other personal property of the City. 5. 1 desire and agree that this Release shall apply to any and all activities during or in any way connected with my participation in the Agreement and my performance under such Agreement. 6. 1 agree that this Release shall be governed by and be enforceable under the laws of the State of Texas. Venue shall lie in Nueces County, Texas, where the Agreement is performed and my services are provided. 7. 1 hereby acknowledge that I have been informed in writing that I may consult an attorney prior to signing this Release. I have carefully and thoroughly read the foregoing provisions of this Release of Liability and Covenant Not to Sue and, intending to be legally bound, voluntarily accept each of its terms and conditions and willingly agree to the covenants to which I am bound. (Signature & Notarization — Next Page) Page 2 of 3 DocuSign Envelope ID:D6EDE5CE-B7CSA903-AC09-BFC9F89C97DA 01 EXECUTED this day of 2022, V 1 William Charlton STATE OF TEXAS COUNTY OF NUECES Before nye, 'w- k,�� ),1�&, , on this day personalla ared William Chariton`, proved to me through �� I E � , w,. etre (description of identity card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 1,_ day of 2022, UDYSOLM t "OtWPVBUC STATE O OM Notary Publl 's Signat6F4--,' AAYCr ia +e (P0 =4 Page 3 of 3 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 30, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(o-)-cctexas.com 886-2601 Josh Chronley, Interim Assistant Director of Contracts and Procurement JoshC2(a-)cctexas.com (361) 826-3169 JusticeTrax Software for Police Department CAPTION: Resolution authorizing a three-year software subscription agreement with JusticeTrax, Inc., of Mesa, Arizona, for forensics laboratory software for the Corpus Christi Police Department in the amount of $152,900.00, with FY 2022 funding from the Paul Coverdell Forensic Sciences Improvement Grant in the Police Grants Fund. SUMMARY: Purchase of software for Forensic laboratory information management system for the Corpus Christi Police Department (CCPD). BACKGROUND AND FINDINGS: This purchase will provide the Forensics Services Division (FSD) with a new laboratory information management system (LIMS) for the (FSD). Currently, the FSD does not have a computerized means of generating and maintaining data and case documentation. In addition, as an accredited forensic laboratory, quality control is a key requirement to stay in compliance with state and federal regulations. JusticeTrax, Inc. software was chosen because of the following reasons: 1. Integration with QualTrax (similar name, different company), which is CCPD's new quality management application. Since JusticeTrax and QualTrax have officially partnered, there is no other LIMS that has the level of integration in sharing metrics, test results, etc. CCPD is becoming much more metrics focused in FSD, and this is a vital component of that objective. JusticeTrax has an extremely robust reporting structure for gathering and analyzing data. 2. JusticeTrax is one of the most widely used LIMS in the State of Texas, including the Texas Department of Public Safety (DPS) lab system. The method for accessing reports will already be familiar to both CCPD's internal and external customers. This will lead to continued and even enhances customer service. 3. The system is 100 percent cloud based. This is very beneficial when remote access is needed, such as during accreditation or auditing activities. Assessors will be able to log in remotely to review case files, which will save both time and expenses. It also will permit access by lab personnel from any location, such as at crime scenes. Additionally, the cloud-based system will simplify vendor product support, software updates, etc. PROCUREMENT DETAIL: This procurement is a direct purchase with JusticeTrax inc. of Mesa, Arizona, under the Local Government Code, Section 252.022(a) (2), as this purchase is necessary to preserve or protect the public health or safety of the city's residents. JusticeTrax Inc. of Mesa, Arizona provides laboratory information management systems for forensics meeting the requirements needed by CCPD. JusticeTrax is one of the most widely used LIMS in the State of Texas, including the Texas Department of Public Safety (DPS) lab system. The method for accessing reports will already be familiar to both CCPD's internal and external customers. This will lead to continued and even enhances customer service. ALTERNATIVES: The alternative is not to approve the purchase and have CCPD continue using its current laboratory information management system; however, this will hinder CCPD's efficiency and growth as a premier law enforcement agency, and it will cause CCPD to jeopardize its ability to maintain compliance with state and federal requirements for an accredited forensic laboratory. FISCAL IMPACT: The funding is in the amount of$152,900.00, with FY 2022 funding available through the Paul Coverdell Forensic Sciences Improvement Grant in the Police Grant Fund. FUNDING DETAIL: Fund: 1061 Organization/Activity: 822904F Mission Element: 152 Project # (CIP Only): N/A Account: 520090— Minor Tools and Equipment RECOMMENDATION: Staff recommends approval of this resolution authorizing purchase of forensics laboratory software for Corpus Christi Police Department with JusticeTrax Inc. of Mesa, Arizona, as presented. LIST OF SUPPORTING DOCUMENTS: Price Sheet Resolution City of Corpus Christi Price Sheet Finance - Procurement JusticeTrax Forensics Laboratory Software Buyer Liza Elizalde JusticeTrax Inc. of Mesa, Arizona ITEM DESCRIPTION UNIT EXTENDED TOTAL JusticeTrax Laboratory Information 1 Management Systems for Forensics 1 $152,900.00 $152,900.00 Annual Subscription to include years 1-3 TOTAL PURCHASE PRICE $152,900.00 Page 1 of 1 Resolution authorizing a three-year software subscription agreement with JusticeTrax, Inc., of Mesa, Arizona, in the amount of $152,900.00 for forensics laboratory software for the Police Department, with FY 2022 funding from the Paul Coverdell Forensic Sciences Improvement Grant in the Police Grants Fund. WHEREAS, the Police Department requires efficient, well-designed, and reliable software to meet the operational needs of the department; WHEREAS, a qualified vendor has been identified who can provide the necessary forensics laboratory software to meet and sustain the department's operational needs; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; WHEREAS, there is a statutory exemption for this procurement in Local Government Code, Section 252.022(a)(2), as this purchase is necessary to preserve or protect the public health or safety of the City's residents; and WHEREAS, there is a second statutory exemption for this procurement in Local Government Code, Section 252.022(a)(7)(A), as this purchase is available from only one source due to patents, copyrights, secret processes, or natural monopolies; therefore, Be it resolved by the City Council of the City of Corpus Christi, Texas: Section 1. The City Council specifically finds that the foregoing statements included in the preamble of this resolution are true and correct and adopts such findings for all intents and purposes related to the authorization of this procurement. Section 2. The City Manager, or his designee, is authorized to execute all documents necessary to obtain a three-year software subscription agreement for forensics laboratory software for the Police Department from JusticeTrax Inc., of Mesa, Arizona, in the amount of $152,900.00, with FY 2022 funding from the Paul Coverdell Forensic Sciences Improvement Grant in the Police Grants Fund. PASSED AND APPROVED on the day of ' 2022: Paulette Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma Page 1 of 2 John Martinez Ben Molina Mike Pusley Greg Smith ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 AGREEMENT between Corpus Christi Police Department Forensic Services Division -and- JusticeTrax, Inc. for the supply of a Software as a Service for the Forensic Laboratory as described herein. Agreement # 2022-003 Head Agreement Page 1 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 This Agreement, made in duplicate this August 9,2022(the "Effective Date") BETWEEN: JusticeTrax, Inc.., a corporation duly incorporated under the laws of the state of Arizona having its office located at 1 North MacDonald, Suite 500, Mesa AZ 85201 (Hereinafter referred to as "JusticeTrax") AND: City of Corpus Christi, a local government duly incorporated under the laws of Texas for the benefit of the Corpus Christi Police Department Forensic Services Division and having its office located at 321 John Sartain St. Corpus Christi,TX 78401. (Hereinafter referred to as the "Customer") WHEREAS the Customer wishes to acquire a Computer System through a combination of On-Site Application Software,Onboarding Services, and SaaS Services, including training, support, and related services for the Customer including Laboratory(hereinafter referred to as the "Forensic Laboratory"); AND WHEREAS JusticeTrax has represented that it has the capacity and is authorized and willing to supply the On-Site Application Software, Software as a Service, and Professional Service on the terms set out in the Agreement. NOW THEREFORE in consideration of the mutual covenant herein contained,the Customer and JusticeTrax (hereinafter collectively referred to as the "Parties", or individually as a "Party") agree as follows: Head Agreement Page 2 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 1. Definitions 1.1 "Agreement" means this agreement, all exhibits attached hereto, all documents incorporated by reference herein or therein and all instruments supplemental and/or amendments hereto or thereto. 1.2 "Application Software" means JusticeTrax's proprietary programs, including both object code and source code,as described by the JusticeTrax-provided Documentation,any subsequent release notes and other pertinent documentation,which JusticeTrax has covenanted to license to the Customer to use pursuant to the terms of this Agreement. 1.3 "Authorized Person" means an employee, or independent contractor of JusticeTrax who has a legitimate need to know or otherwise access Customer Data to enable JusticeTrax to perform its obligations under this Agreement, and who is bound in writing by confidentiality obligations sufficient to protect Customer Data in accordance with the terms and conditions of this Agreement. 1.4 "Authorized User(s)" means an employee, or independent contractor of Customer (solely to the extent such contractor is providing services to Customer), who has been authorized by Customer to use the Product. 1.5 "Business Days" for the purposes of this Agreement shall mean weekdays, Monday through Friday, excluding holidays recognized JusticeTrax. 1.6 "Change Order" means a document, agreed and signed by both Parties, that changes an existing Statement of Work. 1.7 "CJIS" means Criminal Justice Information Services. 1.8 "Computer System"or"System" includes all aspects of Application Software and Services to be provided by JusticeTrax to the Customer pursuant to this Agreement,as identified in the Price and Payment terms (Exhibit Q. 1.9 "Configured and Available for Use" means that JusticeTrax has completed agreed upon configuration services and made the application(s) available for Customer use. 1.10 "Critical Priority Errors" means complete system failure where the Product is not available for use. 1.11 "Customer Data" means all data (including Personal Data), information, content and other materials stored or transmitted by Customer and any Authorized User through the SaaS Services, excluding any Third-Party Data and any JusticeTrax Data. 1.12 "Customization" means an extension or modification of a Product feature that requires custom coding and/or implementation. 1.13 "Documentation" means the user guides, administration guides, release notes, technical information, and training materials, and any other documentation provided by JusticeTrax Head Agreement Page 3 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 throughout the Agreement, for the On-Site Application Software and SaaS Services that JusticeTrax provides the Customer. 1.14 "Fees' means the monetary amount to be paid by the Customer to JusticeTrax for the rights granted and services provided under this Agreement, as mutually agreed upon and listed in Exhibit C. 1.15 "High Priority Errors" means a serious problem that materially affects the operational use of the Product. 1.16 "Interface Control Document" means the terms, if applicable, governing any integrations with Third Party Applications, as defined in Exhibit D.3. 1.17 "Intellectual Property Rights" means all intellectual and industrial property rights, whether now existing or existing in the future, including without limitation, (i) all patent rights, including any rights in pending patent applications and any related rights; (ii) all copyrights and other related rights throughout the world in works of authorship, including all registrations and applications therefor; (iii) all trademarks, service marks, trade dress or other proprietary trade designations, including all registrations and applications therefor(iv) all rights throughout the world to proprietary know-how, trade secrets and other confidential information, whether arising by law or pursuant to any contractual obligation of non-disclosure; and (v) all other rights covering industrial or intellectual property recognized in any jurisdiction. 1.18 "Major Enhancement Release" means a change or new release of the Product then in use by the Customer containing new functions, features and enhancements that have become part of the standard system. 1.19 "Minor Enhancement Release" means a change or new release of the Product then in use by the Customer designed to correct Problem(s) and/or provide minor functionality additions. 1.20 "Onboarding Period" means the period during the Term before the Production Period during which JusticeTrax will provide Onboarding Services. 1.21 "Onboarding Services" means the evaluation, consultation, implementation, customization, configuration, development of interfaces, and other services provided by JusticeTrax in connection with the Product. This is including, but not limited to, project management, re- engineering/implementation,training, conversion,and installation as listed in the Price and Payment Terms (Exhibit C) and as further described in the Statement of Work (Exhibit D.2), and related onboarding documentation, which are detailed in Exhibits D through D.7. 1.22 "On-Site Application Software" means JusticeTrax's proprietary software programs as described in sub-section 1.2 that are installed and used on Customer's own systems or premises, on the terms set out in Exhibit A. Head Agreement Page 4 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 1.23 "Open-Source Software Components' means software programs, libraries, or distributables (commonly known as "public', "open source" or "free" software) made publicly available by the copyright holders. 1.24 "Open-Source Software Component Licenses" means licenses applicable to the particular Open- Source Software Components, either supplied by JusticeTrax or the Customer, that may be part of the Product. 1.25 "Personal Data" means the Customer Data provided to JusticeTrax by or at the direction of the Customer, or to which access was provided to JusticeTrax by or at the direction of the Customer, in the course of JusticeTrax's performance under this Agreement that identifies or can be used to identify an individual (including, without limitation, names, signatures, addresses, telephone numbers, e-mail addresses and other unique identifiers). 1.26 "Problem" means a failure of the Product to function substantially in accordance with the Documentation. 1.27 "Product" means the combination of the SaaS Services, On-Site Application Software, and Documentation, which the Customer is authorized under the Terms in Exhibit A to use in the course of their normal operations. The term "Product" includes sort of any Major and Minor Enhancement Releases, and Customization. 1.28 "Production Environment" means the live environment for the product used by the Customer. 1.29 "Production Period" means the period during the Term following Configured and Available for Use of the Product(s). 1.30 "Production Use" means the use of one or more functional application components to collect and manage real laboratory information for the purpose of serving actual stakeholder needs; this is in contrast to"testing mode",where real laboratory information may be used, but only for the purpose of evaluation and testing. 1.31 "Services" means the services provided or required to be provided by or through JusticeTrax, including without limitation, Onboarding Services and SaaS Services. 1.32 "Software as a Service" or"SaaS Services" means the Application Software, and related software-as- a-service, hosting, maintenance and/or support services made available by JusticeTrax for remote access and use by the Customer, including any Documentation hereto. 1.33 "Source Code" means a collection of computer instructions written using a human-readable programming language. Source Code shall include all material including, but not limited to, design documentation, Software Documentation, reference manuals, libraries for the Software, and interface software, in any form (printed, electronic, or magnetic). Head Agreement Page 5 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 1.34 "Support" means services which are provided by JusticeTrax to the Customer, as described herein, regarding Problem(s) encountered with standard, unmodified Product, and with JusticeTrax's modifications to or interfaces with the Products, and which are necessary to: i. resolve Problems and provide temporary"work around"solutions, if necessary; ii. assist with data manipulation, duplication or restoration where data has been affected by defects under paragraph (i) immediately above, but not by hardware defects or operator error or misuse of any of the software or hardware; iii. periodically review all Products to identify and resolve Problems on a preventative basis; and iv. provide, in a timely manner, all Major and Minor Enhancement Releases. 1.35 "Support Authority" means the Customer's designated employee(s) authorized to approve additional, separately billable time & materials support work, beyond that included within this Agreement. 1.36 "Support Contact" means Customer's designated employee, a consultant providing services directly to the Customer, or another designated Customer representative with whom JusticeTrax will communicate when providing Support. The Support Contact must be knowledgeable about how the Product is being used and must be familiar with the operating environment under which it is being used. 1.37 "Term" means the Initial Term and any Renewal Term. 1.38 "Third Party Application" means a third-party service by a Third-Party Provider(s) approved by JusticeTrax to which the Customer and any Authorized User facilitates JusticeTrax's Vendor access to, and use of the SaaS Services,via an application programming interface or other means. 1.39 "Third Party Components" means any components of the Product provided by third parties,including Open-Source Components and third-party proprietary software or services (e.g. Microsoft Azure Government Cloud (Azure)). 1.40 "Third Party Data" means any data owned by a third party that the Customer accesses via the Product. 1.41 "Third Party Providers" means third parties, including other vendors, federal agencies, state/provincial agencies, and local agencies that control products and/or databases with which the Product are to be interfaced but for the avoidance of doubt shall not include any Third-Party Suppliers. 1.42 "Third Party Suppliers" means any party who provides products and/or services, including Open- Source Software and Third-Party Components that contribute to the overall Product provided to the Customer by JusticeTrax. 1.43 "Transition Assistance" has the meaning given in Section 12. Head Agreement Page 6 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 1.44 "JusticeTrax Data" means data, information, content, and other materials provided, stored or transmitted through the SaaS Services, which are the property of JusticeTrax, including, without limitation, Documentation and standard forms. 1.45 "JusticeTrax Certified Browsers' means acceptable browsers on which JusticeTrax shall operate its Software.This internal list shall be maintained by JusticeTrax. 2. Contract Documents 2.1 This Agreement consists of the following documents: 2.2 This document setting forth Sections 1 through 25, inclusive, as the main body of this Agreement (also known to the Parties as the"Head Agreement")as duly executed by both Parties and reflecting any subsequent mutually endorsed changes to or extensions of this document. 2.3 The attached Exhibits forming part of the Agreement: Exhibit A: License Terms Exhibit B: Annual Subscription Support Terms Exhibit C: Price & Payment Terms Exhibit D: Onboarding Terms & Conditions Exhibit E: Minimum Client and Peripheral Specification Exhibit F: Customer Supplied Hardware and Third-Party Software 2.4 These documents are incorporated by reference and are an integral part of this Agreement, their precedence being in the order of presentation described above, recognizing the Change Control Log (Exhibit D.9) or any amendments expressly stated to supersede all contract documents. 2.5 Each party shall notify the other of any error, omission,ambiguity, discrepancy,or inconsistency that the respective party may find in any of the documents comprising this Agreement. Neither party shall be entitled to take advantage of any known error, omission, ambiguity, discrepancy, or inconsistency and, without limitation, neither party shall be permitted to use any such error, omission, ambiguity, discrepancy or inconsistency as the basis of a claim for additional payment or extension of time. Upon discovery of such error, omission, ambiguity, discrepancy or inconsistency in this Agreement, the Parties shall take such measures as are required to overcome the problem and, if necessary, shall negotiate necessary amendments to cure or correct same. 2.6 It is not uncommon for changes to be identified and mutually agreed to as necessary during the term of an agreement, such as this Agreement. This may involve changes to software, hosting services, functionality, training, etc. with an associated additional cost, or it may entail changes to schedules, sequences, staff, etc. that do not involve changes to costs. In either event, such changes must be documented in writing. Changes without financial impact will be documented in the form of project Head Agreement Page 7 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 status reports. All changes with financial impact or that result in any amendment to the terms of this Agreement will follow the change order process set forth in Change Control Log (Exhibit D.9). 3. Term of Agreement 3.1 This Agreement shall be effective from the Effective Date and shall expire on the date of Configured and Available for Use(the"Initial Term"),as indicated in the Statement of Work(Exhibit D.2).Subject to termination in accordance with Section 10, automatic one (1)year subscription extensions (each a "Subscription Renewal Term") shall continue thereafter, unless either party provides advance notice of the intention to not renew at least sixty(60)days prior to the otherwise automatic renewal date. 3.2 The Subscription Renewal Term may be subject to pricing increases, which shall be provided in writing at least sixty (60)days prior to the extension date. 3.3 Renewal of the subscription shall be offered to the Customer at the prevailing commercial rates for such product and services as charged to other clients of JusticeTrax at that time and in accordance with the terms set forth in the Agreement. Additional charges may be incurred if the continuity of support status is interrupted at any time. 4. Security 4.1 Background Screening. JusticeTrax agrees that all personnel JusticeTrax employs pursuant to this Agreement shall be subject to JusticeTrax's background and security checks and screening (collectively "Background Screening") at JusticeTrax's sole cost and expense as set forth in this paragraph. The Background Screening shall include, as a minimum, criminal record checks, local police record checks, and credit checks. Any additional Background Screening required by the Customer may be at additional cost. 4.2 FBI CJIS Security Addendum. JusticeTrax agrees to the terms and requirements set forth in the Federal Bureau of Investigation (FBI) Criminal Justice Information Services (CJIS)Security Addendum for the Term of this Agreement. Head Agreement Page 8 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 5. Price and Payment Terms 5.1 In consideration of JusticeTrax supplying the described Product and Services in accordance with this Agreement, the Customer agrees to pay unto JusticeTrax the dollar amount identified as the Total Agreement Price in the Price and Payment Terms (Exhibit C) under the terms and conditions as set out in sub-sections 5.2 to 5.3 below and according to the Price and Payment Terms (Exhibit C). 5.2 This Total Agreement Price is calculated assuming there are no sales or use taxes or tariffs payable. In the event that additional sales or use taxes or tariffs are payable as determined by an authorized taxing authority, the Customer is responsible for remitting the appropriate state, local or federal) sales or use tax or tariff due. If the Customer claims exemption from such taxation, upon execution of this Agreement,JusticeTrax requires evidence of such tax exemption from the Customer. 5.3 Invoices submitted to the Customer shall be due thirty (30) calendar days after the invoice date (electronic delivery accepted). If the Customer wants to dispute an invoice, it must notify JusticeTrax in writing within fifteen (15) calendar days of receiving the invoice. Unless disputed, accounts not paid within 30 calendar days of invoice date shall bear interest at the rate of the lesser of 1.5% per month (the equivalent of 18% per annum, compounded annually) or the highest interest rate permitted by law to be charged of the Customer on the overdue balance. Where there are inconsistencies between this Section 5 and the Price and Payment Terms (Exhibit C), the latter shall prevail. 6. Confidentiality 6.1 Definition of Confidential Information. For the purposes of this Agreement, "Confidential Information" means: i. With respect to JusticeTrax, the Product and Services and any and all Application Software relating thereto, as well as Documentation and non-public JusticeTrax Data, including information or materials regarding JusticeTrax's legal or business affairs,financing,customers, properties or data; and ii. With respect to the Customer, any non-public information or material regarding the Customer's legal or business affairs, financing, customers, property, data, or Customer Data. iii. Notwithstanding any of the forgoing, Confidential Information does not include information which: (i) is or becomes public knowledge without any action by or involvement of, the party to which the Confidential Information is disclosed (the "Receiving Party"); (ii) is documented as being known to the Receiving Party prior to its disclosure by the other party(the"Disclosing Party"); (iii) is independently developed by the Receiving Party without reference or access to the Confidential Information of the Disclosing Party and is so documented; or (iv) is obtained Head Agreement Page 9 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 by the Receiving Party without restrictions on use or disclosure from a third person without an obligation to maintain its confidentiality. 6.2 Use and Disclosure of Confidential Information. The Receiving Party will, with respect to any Confidential Information disclosed by the Disclosing Party before or after the effective data: (i) use such Confidential Information only in connection with the Receiving Party's performance of this Agreement; (ii) subject to Subsection 6.5 below, restrict disclosure of such Confidential Information within the Receiving Party's organization to only those of the Receiving Party's employees and independent contractors who have a need to know such Confidential Information in connection with the Receiving Party's performance of this Agreement; and(iii)except as provided herein, not disclose such Confidential Information to any third party unless authorized in writing by the Disclosing Party to do so. 6.3 Protection of Confidential Information. The Receiving Party will protect the confidentiality of any Confidential Information disclosed by the Disclosing Party using at least the degree of care that it uses to protect its own confidential information (but no less than a reasonable degree of care). Each Party shall notify the other Party as soon as reasonably practicable in the event that Confidential Information of the Party is believed to have been compromised. 6.4 Employee and Independent Contractor Compliance.The Receiving Party will, prior to providing any employee or independent contractor access to any Confidential Information of the Disclosing Party, inform such employee or independent contractor of the confidential nature of such Confidential Information and require such employee or independent contractor to comply with the Receiving Party's obligations under this Agreement with respect to such Confidential Information. 6.5 Required Disclosures. In the event that either Party is requested or required, for the purpose of this paragraph, each, a "Request", (by oral questions, interrogatories, requests for information or document in legal proceedings, subpoena, civil investigative demand or similar process or by any law, rule, or regulation of any governmental agency or regulatory authority) to disclose any of the Confidential Information of the other Party, such Party shall provide the other Party with prompt written notice of any such Request or requirement so that such other Party may seek a protective order or other appropriate remedy and/or waive compliance with the provisions of this Agreement. If, in the absence of a protective order or other remedy or the receipt of a waiver,and if one Party is nonetheless, legally compelled to disclose Confidential Information,such Party may,without liability hereunder, disclose to such tribunal only that portion of the Confidential Information which such counsel advises it is legally required to be disclosed, provided that such Party shall use its best efforts to preserve the confidentiality of Confidential Information, including, without limitation, by cooperating with the other Party to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded the Confidential information by such tribunal. 6.6 The Parties agree that a violation of this Section 6 shall be deemed to cause irreparable harm justifying equitable relief in court, without waiving any additional rights or remedies available at law or in equity or by statute. Head Agreement Page 10 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 7. Warranties 7.1 Power and Authority. Each party represents and warrants that it has the full right, power, and authority to enter into this Agreement, and to discharge its obligations hereunder and that the person signing this Agreement on behalf of the party has the authority to bind that party. The Customer represents and warrants that it has obtained, and shall have, all necessary approvals, consents, and authorizations necessary for procurement under this Agreement, and that its obligations under this Agreement do not, and shall not, exceed any budget authority limitations during the Term of this Agreement. 7.2 Service Warranties. For Onboarding and SaaS Services,JusticeTrax warrants that the work under this Agreement shall be performed in a good and workmanlike manner and in accordance with applicable industry standards. Except as provided for herein, JusticeTrax's liability and Customer's remedy under this Section are limited to JusticeTrax's prompt correction for such services, provided that written notice of such alleged defective services shall have been given by the Customer to JusticeTrax.The Customer agrees to provide JusticeTrax reasonable access to its facilities and third- party vendor software if necessary for the provision of Services by JusticeTrax. 7.3 Software Warranties. JusticeTrax warrants for a period of one year after the Onboarding Period, the On-Site Application Software and SaaS Services hereunder shall be free from significant software errors and when used in accordance with this Agreement shall operate and conform to the prevailing Documentation and all supplemental information provided by JusticeTrax. JusticeTrax warrants that any licensed software provided to the Customer by JusticeTrax will, when provided to the Customer by JusticeTrax, be free from intentional viruses, disabling code or other intentional programming defects. 7.4 Warranty Limitations. The warranties in sub-sections 7.2 and 7.3 shall be contingent upon the existence of all the following conditions: (i) the Product is implemented and used by the Customer in accordance with the Documentation; (ii)the Customer notifies JusticeTrax of any warranty defect as promptly as reasonably possible after becoming aware of such defect; (iii) the Customer has properly used all Major and Minor Enhancement Releases made available with respect to the Product, and any updates recommended by JusticeTrax with respect to any third-party software products that affect the performance of the Product; (iv) the Customer has properly maintained all associated equipment and software, as applicable, and provided the environmental conditions in accordance with written specifications provided by the applicable manufacturer of such equipment and software; (v) the Customer has not introduced other equipment or software that causes an adverse impact on the Product; (vi) the Customer has paid all amounts due hereunder and is not in default of any provision of this Agreement; (vii) any legacy software with respect to which the Product is to operate contains clearly defined interfaces and correct integration code, and (viii) the Head Agreement Page 11 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Customer has made no changes (nor permitted any changes to be made other than by or with the express approval of JusticeTrax)to the Product except as may be permitted herein. 7.5 NO OTHER WARRANTIES. THE PRODUCT IS NOT INTENDED TO BE A SUBSTITUTE FOR THE PROFESSIONAL JUDGMENT OF AUTHORIZED USERS. THE PRODUCT DOES NOT PROVIDE LEGAL ADVICE.JUSTICETRAX ASSUMES NO RESPONSIBILITY OR RISK FOR THE CUSTOMER'S MISUSE OF THE PRODUCT. EXCEPT AS EXPRESSLY SET FORTH UNDER THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE PRODUCT, SERVICES, THIRD PARTY COMPONENTS, THIRD PARTY DATA,THIRD PARTY SUPPLIERS, OR THIS AGREEMENT AND HEREBY DISCLAIMS ANY AND ALL IMPLIED OR STATUTORY WARRANTIES, INCLUDING ALL IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NO INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, ERROR-FREE OR UNINTERRUPTED OPERATION, OR THAT THE SERVICES, THIRD-PARTY DATA ARE UP TO DATE, ACCURATE OR COMPLETE, SECURE FROM LOSS OR DAMAGE, OR FREE OF HARMFUL COMPONENTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE.TO THE EXTENT THAT A PARTY MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY,THE SCOPE, AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.THERE ARE NO OTHER WARRANTIES, EXPRESSED OR IMPLIED, BEYOND THE WARRANTIES SET FORTH IN THIS AGREEMENT. 8. Indemnities 8.1 JusticeTrax Indemnity for IP Breach. Subject to Sections 8.3 and 8.4, in the event of a claim that Customer's authorized use of the Application Software infringes upon any copyright, patent,or other intellectual property right of any third party under the laws of Canada or the United States, JusticeTrax agrees that it will defend and indemnify the Customer from and against all damages and costs awarded in a final judgment (from which no further appeal is taken or possible) against Customer in such proceeding or amounts agreed by JusticeTrax in a settlement with the third party claimant, provided that: a. the Customer promptly notifies JusticeTrax in writing upon receiving notice of a claim, and in no event later than 7 days; b. JusticeTrax has reasonable and beneficial control of the defense and all related settlement negotiations; and C. the Customer provides JusticeTrax with the assistance, information, and authority necessary to perform JusticeTrax's obligations under this section. 8.2 Subject to Sections 8.3 and 8.4 but without limiting JusticeTrax's obligations under Section 8.1, in the event of a claim that the Customer's authorized use of the Application Software infringes upon any copyright, patent, or other intellectual property right of any third party under the laws of the United States or Canada, and such claim is sustained in a final judgment from which no further appeal is taken or possible, and such final judgment includes an injunction prohibiting the Customer from continued use of the Application Software or portions thereof, then JusticeTrax shall, at its option and expense, either: Head Agreement Page 12 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 a. procure for the Customer the right to continue the use of the Application Software; or b. replace or modify the Application Software to make its use non-infringing, or C. direct the Customer to cease use of the Application Software or of the specific portion(s) thereof that resulted in the final judgment. 8.3 If JusticeTrax directs the Customer to cease use of the Application Software or of specific portion(s) thereof,then the Customer,to the exclusion of all other remedies available to the Customer(except as set forth in Section 8.1), may terminate the Service for that portion of the Application Software which JusticeTrax directed the Customer to cease use and JusticeTrax shall pay the Customer(and/or credit against any amounts owed, or becoming owed, to JusticeTrax by the Customer) the amount of the Fees paid in the previous twelve (12) months. 8.4 Notwithstanding Sections 8.1 and 8.2,JusticeTrax shall have no obligation for any claim based upon: a. the Customer's use of Application Software other than a current, unaltered release of the Application Software, if such infringement would have been avoided by the use of a current, unaltered release of the Application Software; or b. the combination, operation, or use of any Application Software furnished hereunder with non-JusticeTrax programs or data, if such infringement would have been avoided by the combination, operation, or use of the Application Software with other programs or data. C. Third Party Components, which are warranted solely by the individual Third Party Supplier. 8.5 This Section 8 states the entire obligation of JusticeTrax with respect to any claim that the Product infringe upon any copyright, patent, or other intellectual property right of any third party and represents Customer's sole remedy in respect of any claim covered by this Section 8. 8.6 This section intentionally blank 8.7 This section intentionally blank 9. Limitation of Liabilities 9.1 LIABILITY EXCLUSION. IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR FOR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING, PERFORMANCE, OR USE OF, OR FAILURE OF THE PRODUCT, THE THIRD PARTY COMPONENTS OR THE THIRD PARTY DATA PROVIDED UNDERTHIS AGREEMENT, INCLUDING WITHOUT LIMITATION, PERSONAL INJURY, DEATH, DAMAGE TO PRIVACY, REPUTATION OR GOODWILL OR UNAVAILABILITY OF THE SERVICES, REGARDLESS OF WHETHER THE PARTY LIABLE OR ALLEGEDLY LIABLE WAS ADVISED, HAD OTHER REASON TO KNOW, OR IN FACT KNEW OF THE POSSIBILITY THEREOF, NOTWITHSTANDING THE FOREGOING, JUSTICETRAX SHALL USE COMMERCIALLY REASONABLE EFFORTS TO ENSURE THIRD PARTY COMPONENTS COMPLY WITH THIS AGREEMENT AND TO CURE ANY BREACH RESULTING FROM THE THIRD PARTY COMPONENTS, AND THE LIMITATION OF LIABILITY SHALL NOT EXTEND TO JUSTICETRAX'S FAILURE TO USE SUCH EFFORTS. Head Agreement Page 13 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 9.2 LIMITATION OF DAMAGES. JUSTICETRAX'S MAXIMUM LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE PRODUCT OR SERVICES, PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID AND PAYABLE TO JUSTICETRAX BY THE CUSTOMER DURING THE ONE (1)YEAR PERIOD PRECEDING THE DATE ON WHICH THE CLAIM ARISES. 9.3 EXCEPTION FOR IP BREACH. NOTWITHSTANDING THE FOREGOING, THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO DAMAGES ARISING FROM EITHER PARTY'S INDEMNITY OBLIGATION UNDER SECTION 8 OF THIS AGREEMENT, BREACH OF THE LICENSES GRANTED OR EITHER PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. 10. Termination 10.1 This Agreement may be terminated at any time by mutual consent of the Parties, or by either party upon written notice to the other party, if the other party breaches a material term of this Agreement and such breach remains uncured for thirty (30) days after the other party's receipt of such notice. 10.2 If JusticeTrax should be adjudged bankrupt or should make a general assignment for the benefit of its creditors, or if a receiver should be appointed on account of its insolvency, the Customer may terminate this Agreement. 10.3 If JusticeTrax reasonably determines that Customer's use of the Product either: (i) fails to comply with the Restrictions on Use defined in the Software Licensing Terms (Exhibit A), Section 6; (ii) poses a security risk to the Product or any third party, (iii) creates or is likely to create an adverse impact on JusticeTrax's systems, the Product, or the systems or content of any other subscriber; or (iv) subjects JusticeTrax or its Affiliates to possible liability, then JusticeTrax may immediately upon notice temporarily suspend Customer's and any Authorized User's right to access any portion of the Product, pending remedial action by Customer, or after a period of 30 days, terminate the Agreement. 10.4 The Customer's failure or inability to pay Fees as they become due shall be considered a breach of a material term under this Agreement. JusticeTrax shall have the right to terminate this Agreement upon thirty (30) days written notice should the Customer fail to or is unable to pay any amount due hereunder. 10.4.1 Notwithstanding anything to the contrary in this Agreement, the continuation of this Agreement after the close of any fiscal year of the Customer, which fiscal year ends on September 30th annually, is subject to budget approval and appropriations specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the Customer's City Council to determine whether or not to fund this Agreement. The Customer does not represent that a budget item providing for this Agreement will be adopted, as that determination is within the City Council's sole discretion when adopting each fiscal year's budget. Head Agreement Page 14 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 10.5 Effect of Termination. Upon termination of this Agreement, JusticeTrax shall immediately cease all activities under this Agreement, expect as provided for under Section 11, Transition Assistance. In the event of any termination or expiration of this Agreement: i. Customer will pay all JusticeTrax invoices for the Product and Services that were provided up to the termination date. In the event of termination pursuant to Subsection 10.1,JusticeTrax shall be compensated on a percentage basis for work in progress, but not completed as of the date of termination. The termination date is the later of (a) the date when JusticeTrax receives a written termination notice from the Customer or (b) the date on which the Customer stops using the Product; ii. All rights and licenses granted hereunder to Customer and its Authorized Users will immediately cease, including, but not limited to, all use of the Product; iii. JusticeTrax will provide records to Customer in accordance with its transition assistance services ("Transition Assistance') as set forth in Section 11; and 10.6 The Parties will, upon written request of the other Party, either returning to the requesting Party or destroy any Confidential Information of requesting Party that are in other Parties possession or control. 11. Transition Assistance 11.1 Upon termination of the Agreement for any reason, and subject to Fees due being paid in full, JusticeTrax will return Customer's data in a CSV or other mutually agreed upon format for each record ("Record") and provide them to the Customer for download. Records can be uploaded to Customer's new system by the Customer or its new vendor.The Transition Assistance outlined in this sub-section is included in the Fees charged to Customer for the Product. Fees are due and payable up to the Cutoff Date. 11.2 As an optional Transition Assistance,JusticeTrax shall provide, at an additional fee,the database and install the licensed Application Software, along with the accompanying license and license agreement. 11.3 As an optional Transition Assistance,JusticeTrax shall provide, at an additional fee,the database and other managed services, as mutually agreed upon. 11.4 Notwithstanding the foregoing,JusticeTrax reserves the right to retain Customer Data on audit logs and server system logs and in support tickets, support requests, and direct communications with JusticeTrax. Head Agreement Page 15 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 12. Survival 12.1 All rights and obligations shall cease upon termination or expiration of this Agreement, except for the rights and obligations set forth in applicable Exhibits listed in Section 2.3, Section 6 ("Confidentiality'), Section 8 ("Indemnities'), Section 9 ("Limitation of Liabilities") Section 10 ("Termination"), Section 11 ("Transition Assistance'), Section 12 ("Survival"), and Section 14 ("Dispute Resolution"). 13. Insurance 13.1 JusticeTrax shall secure and maintain the following insurance throughout the Term of this Agreement: 1. Commercial General Liability in the minimum amount of $1,000,000 per occurrence and $1,000,000 aggregate. 2. Non Owned Automobile Liability insurance coverage for all hired vehicles with a minimum combined single limit of$1,000,000. 3. Workers Compensation insurance that meets the statutory obligations. 4. Technology Errors&Omissions insurance including coverage for Network Security, Data Breach and Privacy ("cyber') Liability for the duration of this Agreement.The insurance policy provides coverage in the amount of$1,000,000 and a $100,000 sublimit for privacy remediation (event management costs). The limit is an annual aggregate. The policy is written on a Claims-Made basis,the policy will remain in continuous effect for at least 3 years after the service is provided includes a 3-year extended reporting period. 14. Dispute Resolution 14.1 The Customer and JusticeTrax agree that disputes related to the project and this Agreement should first be addressed by negotiations between the Parties. If direct negotiations fail to resolve the dispute, each Party (the Customer and JusticeTrax) shall appoint a representative to attempt to arbitrate the differences between the Parties within 15 elapsed Business Days of such recognition that direct negotiations have failed. If the two appointed arbitrators cannot reach an agreement to resolve the issue within 10 further elapsed Business Days, the two arbitrators shall jointly agree on the selection of a third arbitrator. The three arbitrators shall then have a further 10 elapsed Business Days to make an arbitration decision, by simple majority. The costs for such arbitration shall be equally and jointly assumed by the two Parties to this Agreement. 14.2 This Section 14 shall not restrict or prejudice either party's right to seek injunctive relief in a court of competent jurisdiction or right to enforce any arbitrator decisions made in accordance with this Section 14 in a court of competent jurisdiction. Head Agreement Page 16 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 15. Assignment This Agreement shall be binding upon the successors and assigns of both Parties, provided, however, that no assignment,delegation,or other transfer(except to a third party acquiring all or substantially all of JusticeTrax's assets or by merger of JusticeTrax with a third party)shall be made by either party without the prior written approval of the other party, which approval shall not be unreasonably withheld. 16. Severability Any provision of this Agreement or part thereof found to be illegal or unenforceable shall be deemed severed and the balance of this Agreement shall remain in full force and effect. 17. Waiver The failure of a party to enforce a provision, exercise a right, or pursue a default of this Agreement shall not be considered a waiver. The express waiver of a provision is to be effective only in the specific instance, and as to the specific purpose, for which it was given. Unless stated otherwise, all remedies provided for in this Agreement are to be cumulative and in addition to, and not in lieu of, any other remedies available to either party at law, in equity or otherwise. 18. Headings The titles and headings contained in this Agreement are for reference purposes only and shall not in any manner limit the construction or interpretation of this Agreement. 19. Entire Agreement This Agreement shall supersede all previous communications, negotiations, and other agreements whether written or oral in relation thereto, unless the same are expressly incorporated into this Agreement by reference either at the time of execution, or subsequently, as a result of a Change Order(as per Exhibit D.9), or amendment. 20. Counterparts This Agreement may be executed in counterparts and delivered to each of the Parties by facsimile or electronic mail. Electronic, facsimile, or photocopy signatures are deemed as legally enforceable as the original. Each such counterpart is deemed an original instrument, but all such counterparts taken together constitute one and the same agreement.The Parties stipulate that a photocopy of an executed original will be admissible in evidence for all purposes in any proceeding as between the Parties. Head Agreement Page 17 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 21. Notices Any formal notice or communication given or required to be given under this Agreement, (other than routine operational communications) shall be in writing and will be served either in person or by registered mail, certified mail,or courier services that provide proof of delivery and package tracking capability, in each case with postage or shipping fees prepaid,to the other party at the address stated below or at the latest changed address given by the party to be notified as hereinafter specified. Notices will be considered effective on the day of actual delivery. Alternatively, written notices sent by electronic mail to the other party and then acknowledged back by electronic mail by the other party shall be deemed to have been given when the acknowledgment of receipt is received by the sender. To Customer: To JusticeTrax: City of Corpus Christi JusticeTrax, Inc. 321 John Sartain St. Attn: Simon Key Corpus Christi,TX 78401 1 N MacDonald Suite 500 bobm@cctexas.com Mesa AZ 85201 Simon.Key@justicetrax.com 22. Force Majeure This section applies in the event that either party is unable to perform the obligations of this Agreement because of a Force Majeure event as defined herein. A Force Majeure event is an event that prohibits performance and is beyond the control of the party. Such events may include natural or man-made disasters, or an action or decree of a superior governmental body, which prevents performance. Force Majeure under this Section shall only apply to the extent that performance is rendered not possible by either party or its agents. Should either party be unable to perform this Agreement as the result of a Force Majeure event,such party shall give notice to the other party as soon as practical and shall do everything possible to resume performance. Upon receipt of such notice, the party shall be excused from such performance as is affected by the Force Majeure Event for the period of such Event. If such Event affects the delivery date or warranty of this Agreement, such date or warranty period shall automatically be extended for a period equal to the duration of such Event. Head Agreement Page 18 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 23. Choice of Law This Agreement shall be governed by, construed and enforced in accordance with the laws of the State of Texas. 24. UN Exclusion Pursuant to Article 6 of the United Nations convention on contracts for the International Sale of Goods ("UN Convention"), the Parties agree that the UN Convention shall not apply to this Agreement. 25. No Third Party Beneficiaries Customer and JusticeTrax are the only Parties to this Agreement and are the only Parties entitled to enforce its terms. Nothing in this Agreement gives, is intended to give, or shall be construed to give or provide any benefit or right,whether directly, indirectly,or otherwise,to third persons unless such third persons are individually identified by name herein and expressly described as intended beneficiaries of the terms of this Agreement. IN WITNESS WHEREOF the parties hereto have caused these presents to be executed as of the day and year first above written. City of Corpus Christi JusticeTrax, Inc. Forensic Services Division Name: Name: Title: Title: Date: Date: Head Agreement Page 19 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit A: License Terms 1. Compliance The Customer will be responsible to JusticeTrax for compliance with the restrictions on use and other terms and conditions of this Agreement by Customer and all of its Authorized Users. 2. License for Use (SaaS Services) Subject to the terms and conditions of this License Agreement and the payment of the applicable license fee, JusticeTrax hereby grants to Customer, for use by its Authorized Users, a non-exclusive, non-transferable, non-sublicensable license to access the SaaS Services (as described in Exhibit Q. The SaaS Services shall be accessible through a designated secure internet platform during the Term of this Agreement solely for the Customer's use in conjunction with Customer operations (and not for resale, access by third-parties, or for other commercial purposes). Apart from the rights enumerated in this Agreement,the SaaS Services do not include a grant to the Customer of any right to use, nor any ownership right,title, or other interest, in or relating to SaaS Services, nor in any copy of any part of the SaaS Services. 3. License for Use (On-Site Application Software) (IF APPLICABLE) Subject to the terms and conditions of this License Agreement and payment of the applicable license fee,JusticeTrax hereby grants to the Customer,for use by its Authorized User,a non-exclusive license to use the On-Site Application Software solely for the Customer's use in conjunction with Customer operations. Apart from the rights enumerated in this License Agreement, the License does not include a grant to the Customer, of any right to use, nor any ownership right, title or other interest, in or relating to the On-Site Application Software, nor in any copy of any part of the On-Site Application Software. 4. Copies of Documentation JusticeTrax will provide Customer with access to the Documentation, as may be updated from time to time.The Customer may use the Documentation solely in connection with the use of Product, and may reproduce the Documentation, provided that each copy thereby produced shall be marked with JusticeTrax's proprietary markings as delivered to the Customer. The Customer shall not use, print, copy, translate or display the Documentation in whole or part for any reason other than those expressly authorized in this License Agreement. Exhibit A: License Terms Page 20 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 5. Title As between JusticeTrax and Customer,JusticeTrax retains title to and ownership of the SaaS Services, On-Site Application Software, and Documentation, including Source Code, and all Intellectual Property Rights relating thereto (collectively, "JusticeTrax Intellectual Property'). JusticeTrax's licensors retain title to and ownership of the Third-Party Data and the Third-Party Components, including all copyrights and other Intellectual Property relating thereto. Customer will have no rights with respect to SaaS Services, On-Site Application Software, and Documentation, including Source Code,the Third-Party Data or the Third-Party Components,other than those expressly granted under this Agreement. Any suggestions for changes or improvements to the Product that Customer provides to JusticeTrax, whether solicited by JusticeTrax or not, shall be owned by JusticeTrax, and Customer hereby irrevocably assigns, and shall assign, to JusticeTrax all rights, title, and interest in and to such suggestions.JusticeTrax shall have no obligation to incorporate such suggestion into its products or Services. 6. Restrictions on Use The Customer and its Authorized Users will not(and will not knowingly permit any third party to): (i) share the Customer's or any Authorized User's login credentials; (ii) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Product or any files contained in or generated by the Product; (iii)copy, modify,adapt,translate,or make derivative works of the Product,Third Party Data,or Third Party-Supplied Components, or otherwise make any use, resell, distribute or sublicense the Product, Third Party Data or Third Party-Supplied Components other than in connection with this Agreement; (iv) make the SaaS Service available on a "service bureau" basis or knowingly allow any unauthorized users to use the SaaS Service; (v) remove or modify any proprietary marking or restrictive legends placed on the Product,Third Party Data,or Third Party-Supplied Components; (vi)create or augment any mapping-related dataset including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list for use in an implementation that is not connected to the services; (vii) introduce into the Product any viruses, worms, defects,Trojan horses, malware, or any items of a destructive nature; (viii) hide or obscure any Authorized User's location with malicious intent or purpose; (ix) permit access or use of the Product for any activities other than to enhance the Customer's own services, where reliance solely on or failure to use the Product could lead to death, personal injury, or property damage. The Customer and its Authorized Users will not access the Product if in direct competition with JusticeTrax and will not allow access to the Product by any party who is in direct competition with JusticeTrax, except with JusticeTrax's prior written consent. Exhibit A: License Terms Page 21 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 7. Third Party Applications 7.1 If Customer installs or enables a Third-Party Application for use with the Product, Customer grants JusticeTrax permission to access Customer Data stored on that Third Party Application as required for the interoperation of that Third Party Application with the Product. In no event will JusticeTrax be responsible for any Third-Party Application, or any failure of a Third-Party Application to properly interoperate with the Product. If JusticeTrax receives information that a Third-Party Application may violate any applicable laws or third-party rights,Customer will, promptly upon receiving notice of the foregoing from JusticeTrax, disable any connection between such Third-Party Application and the Product to resolve the potential violation (and if Customer fails to promptly disable such connection, JusticeTrax shall have the right to do so). 8. Third Party Components 8.1 Usage of Third-Party Components. Where there are any inconsistencies or conflict between the terms and conditions of Third-Party Components and the terms of this Agreement, such additional terms shall govern the Customer's use of the applicable Third-Party Component.JusticeTrax-supplied Third Party Component license(s) are restricted for use solely with JusticeTrax Application Software. 8.2 Disclaimer Regarding Third-Party Components. JUSTICETRAX, NOT BEING THE PROVIDER OR MANUFACTURER OF THE THIRD-PARTY COMPONENTS, NOR THE PROVIDERS'OR MANUFACTURERS' AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECTTO THETHIRD-PARTY COMPONENTS AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST. 9. Third-Party Data Customer shall access and use the Third-Party Data in accordance with the terms and conditions of the agreement between the Customer and the provider of such Third-Party Data.JUSTICETRAX, NOT BEING THE PROVIDER OR MANUFACTURER OF THE THIRD-PARTY DATA, NOR THE PROVIDERS OR MANUFACTURERS'AGENT, MAKES NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND WHATSOEVER WITH RESPECT TO THE THIRD-PARTY DATA AND DISCLAIMS ANY SUCH WARRANTIES THAT MIGHT OTHERWISE EXIST. 10. Customer Data As between JusticeTrax and Customer, Customer owns and shall retain all rights, title, and interest, including,without limitation, all Intellectual Property Rights, in and to Customer Data. Customer shall have the sole responsibility for the accuracy, quality, and legality of the Customer Data, including obtaining all rights and consents necessary to share the Customer Data with JusticeTrax as set forth in this Agreement.JusticeTrax shall not access Customer user accounts or Customer Data except: (i) Exhibit A: License Terms Page 22 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 in the course of data center operations, (ii)in response to services or technical issues, (iii)as required by the express terms of this Agreement, or (iv) at Customer's written request. JusticeTrax shall not collect, access, or use user-specific Customer information except as strictly necessary to provide the Product to the Customer. Notwithstanding anything to the contrary contained herein, Customer hereby grants to JusticeTrax an irrevocable, worldwide, royalty free, non-exclusive license to use the Customer Data to: (a) provide the Product to Customer and other JusticeTrax subscribers;(b)analyze the Customer Data in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Product, create new products and services; and (c) for JusticeTrax's internal purposes to improve the Product. 11. Software Enhancements and Optional Modules JusticeTrax shall supply the following, subject to the Customer's payment of applicable fees, and subject to and in accordance with the license rights, restrictions, terms, covenants, conditions, warranties, limitations, exclusions, and other provisions set forth in the Agreement: a. Major Enhancement Release(s) and/or Minor Enhancement Release(s) if any, to the Customer at no additional charge. i. In the event of a Major Enhancement Release,JusticeTrax will deploy such upgrades to the Customer's systems, as scheduled in advance, with appropriate notification to the Customer. Customer shall have 60 days to test the Major Enhancement Release, after which, it becomes part of the System. ii. In the event of a Minor Enhancement Release, JusticeTrax will deploy such updates to the Customer's system, as scheduled in advance, with appropriate notification to the Customer. With the goal of keeping such environments reasonably current, the Customer shall have 5 days to test the update, after which, the update shall become part of the System. b. Interface modules that are developed by JusticeTrax for interfacing the Product to other software products; provided, that such modules are specifically included in the Agreement. c. Changes to SaaS Services.JusticeTrax software operates on a variety of common web browser types. JusticeTrax reserves the right to provide the SaaS Services using only JusticeTrax Certified Browsers. 12. Disclaimer on Use THE AUTOMATIC VEHICLE ROUTING RECOMMENDATION COMPONENT ("AVRR COMPONENT"), IF LICENSED UNDER THIS AGREEMENT, IS INTENDED FOR USE AS ONE FACTOR IN DETERMINING THE BESTVEHICLE ROUTING FORTHECUSTOMER BUTIS NOTINTENDEDTO BE USEDASTHE SOLE SOURCE FOR DETERMINING ROUTING, NOR WHICH VEHICLES TO DEPLOY TO ADDRESS ANY EMERGENCY SITUATION. THE AVRR COMPONENT IS HEAVILY DEPENDENT ON THE QUALITY OF THE SOURCE MAPPING INFORMATION INPUTTED BY OR ON BEHALF OF CUSTOMER AND JUSTICETRAX WILL HAVE Exhibit A: License Terms Page 23 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 NO RESPONSIBILITY OR LIABILITY FOR ANY ROUTING ERRORS AND/OR DELAYS, NOR ANY RESULTANT DAMAGE OR LOSS ARISING AS A RESULT OF THE MAPPING DATA OR FOR ANY DAMAGES OR LOSS CAUSED BYANY DECISION MADE ORACTION TAKEN IN RELIANCE ON THEAVRR COMPONENT. Exhibit A: License Terms Page 24 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit B: Annual Subscription Support Terms 1. Site Access When requested by JusticeTrax,the Customer is obliged to provide access to its premises, staff, and authorities, provided JusticeTrax staff meet the security requirements noted in Section 4 of the Head Agreement. 2. Product Support PURPOSE\SCOPE This document represents the Service Level Agreement (SLA) between JusticeTrax, Inc. and its Customers for the provisioning of software and IT services required to support and sustain JusticeTrax products and services. The purpose of this SLA is to ensure that the proper elements and commitments are in place to provide consistent customer service support and delivery to the Customer(s) under their current SMA. The objectives of this SLA are to: • Provide clear reference to service ownership, accountability, roles and/or responsibilities. • Present a clear, concise and measurable description of service provision to the customer. • Match perceptions of expected service provision with actual service support & delivery. • Clearly delineate the different services provided by JusticeTrax under a subscription- based contract compared to a maintenance agreement. This SLA remains valid unless superseded by a customer contract or agreement mutually endorsed by both JusticeTrax and the customer. Exhibit B:Annual Subscription Support Terms Page 25 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Standard Maintenance Agreement All Customers that have access to JusticeTrax continued support and maintenance are under the Standard Maintenance Agreement (SMA). Portions of this agreement, executed between JusticeTrax and all our Customers, are mentioned in this document and the template agreement is provided here for your reference. Each customer should refer to their specific Agreement, as it may have been modified to meet your specific contract requirements. Your specific SMA may have been modified during the course of contract negotiations. Please refer to your executed agreement if you believe it differs from the standard agreement provided here. Product Implementation Support Certain contracted support and maintenance services are provided prior to the SMA taking effect. These services are typically provided during product implementation. Product implementation projects will be documented in Basecamp, including the status of all deliverables and services. Contract closing will also be documented in Basecamp. Where services differ under a subscription or maintenance plan, subscription services are denoted with "Subscription", while maintenance plan services are denoted with "Maintenance". If services are not labeled in this manner, then they are provided under both plans. Server Configuration and Installation Subscription: JusticeTrax will provide a hosted environment, including the installation of all purchased products, and performance based on Exhibit E of the originally executed contract. JusticeTrax will also aid in installing any client based JusticeTrax software on the Customer's computers as necessary. Maintenance: JusticeTrax will provide server configuration and set-up assistance to all customers to provide for the proper installation of JusticeTrax products. After installation, server or hardware assistance will be provided per the SMA. Administrative and End User Training All Administrative, End User and Report Training will be provided as contracted. When contracted training time has been exhausted, a quote will be provided for any additional customer requested training and carried out upon agreement of the quote. Configuration Services All Configuration Service hours will be provided as contracted. Configuration Service hours can include design, configuration, and reporting services for any of the purchased applications. Use of hours, as well as documentation of remaining hours at any given time in the project, will be tracked in the Basecamp project. Exhibit B:Annual Subscription Support Terms Page 26 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Crystal Reports and SSRS Reports Crystal Report Templates will be provided as contracted, either as a line item or through Configuration Services. Once a Crystal Report Template has been designed per customer specifications and provided to the customer, the report will be considered "delivered." It is expected that the customer will test the report to confirm functionality and verify that specifications are met. Once the report is tested and verified, the customer will accept the report and document such in the Basecamp project. If no response is received from the customer within two weeks of the report, it will be considered "accepted" by default. Any requests for changes, modifications, or re-design of an "accepted" report due to a customer modification will be performed only upon the reallocation of resources from another line item on the contract, or upon the issuance of a PO for additional report development time. Customer Standard Support for LIVE Product After a Product is deemed Configured For Use in a Customer's environment, their support is transitioned to JusticeTrax Standard Support. All support that is provided at that point is per the SMA. The areas of support that are included in the SMA follow: Business Hours of Support Customer Care's regular business hours are 8 am to 5 pm, Arizona time. Please note that Arizona does not observe daylight savings time. JusticeTrax is closed on the following U.S. holidays: New Year's Day, Fourth of July, Thanksgiving Day and Christmas Day (or nearest weekday, if the holiday falls on a weekend). Maintenance: An application request or requirement for assistance by JusticeTrax Support outside of these published business hours will only be fulfilled once a request has been reviewed and if necessary, a quote for estimated assistance time is produced and agreed upon by JusticeTrax and the Customer. Subscription: An environment service request outside of these published business hours will be handled and governed by Exhibit E of the original contract. An application request or requirement for assistance by JusticeTrax Support outside of these published business hours for a subscription customer will only be fulfilled once a request has been reviewed and if necessary, a quote for estimated assistance time is produced and agreed upon by JusticeTrax and the Customer. Zendesk Requests for assistance or inquiries are made to the JusticeTrax Customer Service department though the Zendesk Help Center Portal or support email address, support@iusticetrax.Zendesk.com. Per the JusticeTrax SMA, for consistency and responsibility, only authorized system administrators or back-ups (as defined by individuals with Zendesk accounts) should be contacting JusticeTrax for support Exhibit B:Annual Subscription Support Terms Page 27 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 assistance. Customers are asked to inform JusticeTrax if there are additional individuals that need to be provided Zendesk accounts and are authorized to submit such requests on behalf of your laboratory or agency. Each issue logged by JusticeTrax Customer Care receives a unique identifier called a "Zendesk Issue Tracking Number", or "ZD Number." This number should be used in all correspondence to JusticeTrax Customer Care regarding an open issue. Emails are automatically sent to the Customer when JusticeTrax representatives add comments to Zendesk tickets. The Customer may respond directly to the email, which will then be automatically added as a comment to the same ticket. This process will carry through until the resolution of the ticket. Telephone Support Requests for assistance or inquiries can also be made by telephone at 800-288-5467 opt. 4 during business hours. A message can be left for Customer Care staff outside of business hours or when all staff is busy. Per the JusticeTrax SMA, for consistency and responsibility, only authorized system administrators or back-ups (as defined by individuals with Zendesk accounts) should be contacting JusticeTrax for support assistance. Customers are asked to inform JusticeTrax if there are additional individuals that need to be provided Zendesk accounts and are authorized to submit such requests on behalf of your laboratory or agency. Crystal or SSRS Reporting Crystal Reports and SSRS Reporting are an intricate part of most of the JusticeTrax products. We encourage Customers and Agencies to obtain training and gain knowledge in these products to be able to utilize as much of the reporting power that they can from their product databases. Support for issues that involve Crystal Reports or SSRS will be provided with the following guidelines: - Modifications of a report, originally delivered under contract with JusticeTrax, due to improper report functionality because of a recent change to product code or other JT product/software modifications. - General functionality questions and explanations of how to achieve a particular goal using a Crystal Report template. - Short consultations (less than a half hour of time) on Customer created reports may be provided but at a lower priority. Server or Database Maintenance: Customers are ultimately responsible for the maintenance and upkeep of their server hardware, databases and backups. JusticeTrax can and will provide guidance or support for certain aspects of server hardware, and to a greater degree, the JusticeTrax product databases for two Customer environments- one containing production data and one used for testing new versions and configurations, however they are named. Any requested JusticeTrax assistance will require the involvement of Exhibit B:Annual Subscription Support Terms Page 28 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Customer IT staff or equivalent. Final responsibility for all environmental changes is that of the Customer representative. Subscription: JusticeTrax is responsible for the maintenance and upkeep of the Customer's server environment, databases and backups according to Exhibit E. Service Outside the Scope of Standard Maintenance The Standard Maintenance Agreement (SMA) includes assistance centered around the support of JusticeTrax products as well as the limited services stated above. For customers that are in good standing with their SMA, quotes can be supplied for any of the individual tasks listed below or other custom support as needed. Please note that some of these services may be performed and executed under contract during the implementation of a JusticeTrax product and would not be considered outside the scope of the SLA. Instead, they would be governed by the Product Implementation Support section of this document. Crystal or SSRS Reporting - The creation of a new report by JusticeTrax based on customer requirements. - Updates or edits to the following types of reports*: o Any report NOT originally delivered by JusticeTrax where the report was originally designed, created, and configured by the customer. o Any report that was functional and is now not functioning correctly due to customer changes to application, database, or environment. o Any report that requires the development of custom tools such as stored procedures, triggers, user defined formulas, Word macros or Visual Basic code modifications. *NOTE-assistance may be provided for these types of reports under the previously mentioned short consultations. Server or Database Support for Maintenance Customers - The configuration and development of custom stored procedures or triggers to maintain a functional JusticeTrax product due to changes in the customer's environment. - The monitoring or resolution of poor database backups, filled log files or assistance when exceeding Customer database data storage capabilities. - Remote or onsite assistance in moving of application or database instances to a new server due to changes in customer IT environment(s) or requirements. Exhibit B:Annual Subscription Support Terms Page 29 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 - Upgrade of server software or operating systems due to changes in customer IT environment(s) or requirements. - The development of custom scripts, stored procedures or triggers. - The movement of database instances to a new server Notification of Need for Service Outside the SMA After logging of an issue or request for assistance by Customer Care in our Zendesk Issue Tracking System, the issue will follow normal issue resolution processes until it is determined that one of the above conditions is required to resolve the issue. When necessary, the customer will be notified that the issue's resolution will require services outside the scope of the SMA. An estimate of time and costs will be supplied as a quote for additional services. Quotes will include a per hourly charge and will include travel expenses, if necessary. The Customer will need to provide a confirmation for the services and when necessary, a purchase order before the work will proceed. If the customer does not approve the required work, the issue/ticket will be closed, and a note attached that the issue was not covered under standard maintenance. Purchase of Bulk Support Hours Customer Care recognizes there are times when Customers do not have adequate resources to perform services which are outside of JusticeTrax's supported service- defined in the Service Outside the Scope of Standard Maintenance section of this document-and that acquiring purchase orders on an as needed basis can become difficult. In order assist customers in meeting these challenges, we provide the opportunity for the purchase of Bulk Support Hours. These service hours can be optioned in each year as an addition to maintenance or subscription fees and renewed annually as needed. We offer increments of 10, 20, 50 or 100 hours specifically to be drawn upon for services such as Crystal Report Configurations, Crystal Report Edits, SSRS Reporting, Server Moves, Configuration Assistance, New and Repeat training and other out of scope services. A Zendesk ticket should be submitted for each request as outlined in Notification of Need for Service Outside the SMA. All out of scope tasks are subject to the approval of the Customer Care Manager and availability of resources. Also, prior to decrements being made to Bulk Support Hours, Customer Care will require approval from the organization's designee (LIMS Admin, Lab Director, etc.) All Bulk Support Hours are required to be used within a year of purchase. After this time, they are considered expired, and a new purchase is required for future Bulk Support Hours. Exhibit B:Annual Subscription Support Terms Page 30 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Customer Support Issue Escalation Policy Customer Support Response Time and Escalation Guidelines The JusticeTrax Support Escalation Policy ensures our Customers' issues are handled by knowledgeable JusticeTrax staff within the most reasonable timeframe. Issues are escalated through a process that includes our Customer Care staff, Developers and Management Team. This escalation policy governs both Subscription and Maintenance customers. Submission Process Issues are submitted or reported to JusticeTrax using the Zendesk Issue Tracking System, email or direct phone calls to a Customer Care representative. Issues received via JusticeTrax email or phone are logged into Zendesk and responded to via Zendesk or phone communication. JusticeTrax Customer Care uses the following issue STATUS to categorize reported issues: Open -The issue is open and being worked by JusticeTrax Staff. On Hold -The issue is submitted for resolution to JusticeTrax Development or database administrator. The ticket is still active pending the completion by Development or DBA. Pending -JusticeTrax is waiting on a response for additional information from the Customer/Requestor or a resolution has been provided and waiting for their approval. Solved - Upon customer approval or agreement, the issue has been marked solved and will be closed. A resolution notice and message are sent to the customer when tickets have been set to solved. JusticeTrax Customer Care uses the following issue PRIORITIES to categorize the current criticality of an issue: 1. Urgent- Customer's JusticeTrax product/system is down or normal workflow is being prevented. A workaround cannot be offered or is unsuitable. 2. High - Normal workflow is being affected, but a workaround is available. The issue is planned to be fixed in the current product in the next release. 3. Normal - Unwanted or unexpected behavior is being observed in the product but does not affect normal customer wide workflows. Issue will need attention or review at the next available Development cycle or version number of the product. 4. Low - An enhancement request for other non-immediate need or general question that only required an answer/response. Issue Response Times and Escalation JusticeTrax strives to move all issues to a "solved" status as quickly as possible. Customers may request an escalation by contacting JusticeTrax. Exhibit B:Annual Subscription Support Terms Page 31 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 All issues/tickets will be evaluated by a Customer Care Representative and given an initial Priority, as defined above, as soon as feasible. All issues/tickets will move through different levels of response when necessary. Levels are defined below along with their escalation timeline. All time references are normal business hours except for Urgent tickets. Urgent tickets that are received outside of normal business hours will be addressed as soon as possible once resources can be addressed. They will not be held until business hours for review. Level 1: The new issue is received by JusticeTrax and appropriate Staff attempts to resolve the issue to the satisfaction of the customer. In Zendesk, this would be an issue OPEN and assigned to a JusticeTrax Representative. A Level 1 issue will be escalated to Level 2 based on its priority. Escalation to Level 2 Urgent-within 1 hour High -within 4 hours Normal -within 24 hours Low -48 hours Level 2: The issue is escalated to another JusticeTrax staff member with issue specific knowledge for research and/or resolution. In Zendesk, this would be an issue OPEN and assigned to the new staff member. A Level 2 issue will be escalated to Level 3 based on its priority. Escalation to Level 3 Urgent-within 2 hours High -within 8 hours Normal -within 24 hours Low - Only after further review by Product Manager Level 3: The issue is escalated to the Development team or a DBA for resolution. The initial JusticeTrax staff member will continue to communicate with the customer throughout the issue resolution process. In Zendesk, this would be an On Hold issue. A Level 3 issue will be escalated to Level 4 based on its priority. Escalation to Level 4 Urgent-within 6 hours High -within 16 hours Normal - only after further review by JusticeTrax Management Team Low - only after further review by JusticeTrax Management Team Exhibit B:Annual Subscription Support Terms Page 32 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Level 4: The issue has been escalated to the JusticeTrax Management Team for review.The possible outcomes of a Level 4 review include but are not limited to: the issue of a software patch, the confirmation of matter being placed on current development cycle or an agreed negotiated course for issue resolution between the Customer and Senior JusticeTrax Management. In Zendesk, this would be an On Hold issue. Issue and Ticket Resolution The goal of the Issue Escalation Policy is to move each issue to a status of "solved" as quickly as possible. This means that we have offered a resolution and are awaiting confirmation that the issue is resolved. Issues are considered resolved and closed only when the customer is in agreement with the resolution or when no further follow up from the customer is received. As the initial receiver of all tickets and issues, our customer representatives will be responsible for updating customers on the status of their issue. In some instances, staff cannot obtain confirmation of a resolution. While we will make every effort to ensure you have received a workable solution, there are instances where we will mark an issue as solved without your direct confirmation. If a representative has made effort to receive written confirmation from a contact that an issue is resolved but to no avail, then the issue's status will be marked as "Solved". Tickets that remain "Solved" after 30 days will automatically be marked "Closed" in the Zendesk application. The issue will be reopened upon request from the contact prior to the 30-day wait period, or a new ticket will be created if the original ticket has already reached the "Closed" status. Satisfaction Surveys Customer Satisfaction is used by JusticeTrax to gauge the level of support we are providing as well as an understanding how our assistance is received by our customers. With the resolution of each issue, an automated inquiry will be sent to the requestor confirming that the issue has been set to "Resolved". It will also include a quick and easy survey related to that specific issue. Customer feedback is important in allowing us to continually improve our processes. Please take a minute with each survey to let us know how we did by replying to the e-mail. In addition to issue/ticket resolution surveys, JusticeTrax distributes Company Satisfaction Surveys each year to our customer agencies. The result of this more inclusive survey is used by JusticeTrax to re-deploy resources or obtain training in those areas necessary. Exhibit B:Annual Subscription Support Terms Page 33 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 3. 7x24 Emergency Telephone Support JusticeTrax will provide 7x24 Telephone Support that extends Support for problems identified as Critical Priority Error and High Priority Error to include all hours not already provided for within Regular Telephone Support.7x24 Telephone Support allows the Customer's internal support staff that are technically capable and who first troubleshoot the problem,to authorize JusticeTrax to provide 7x24 Telephone Support.An additional agreement and costs will apply to this enhanced level of application support. 4. Third Party Applications 4.1 Responsibilities for Planned Updates. Customer shall provide JusticeTrax with prompt notice, and in no case fewer than forty-five (45) days' advance notice,of any update by the Third-Party Provider of a Third-Party Application.JusticeTrax shall undertake commercially reasonable efforts to patch or update the Product in order to integrate it with the updated Integrated Third-Party Application. 4.2 Responsibilities for Planned Upgrades. Customer shall provide JusticeTrax with prompt notice, and in no case fewer than ninety(90) days' advance notice,of any planned upgrade by the Third-Party Provider of a Third-Party Application.JusticeTrax shall evaluate the time and resources required to patch or update the Product in order to integrate it with the upgraded Third-Party Application.The Parties shall engage in good faith negotiations to agree on the terms (including,without limitation, schedule and price) on which JusticeTrax would develop a patch, update,or upgrade to integrate the Product with the Third-Party Application. Exhibit B:Annual Subscription Support Terms Page 34 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit C: Price and Payment Terms 1. Pricing and Payment JusticeTrax shall be paid based on the Fees schedules in this Exhibit. 2. Fees Schedule for Onboarding Services The total amount payable for Onboarding Services is $39,500 An invoice for this amount shall be issued upon commencement of the first Production Period. This amount shall be paid in full within thirty (30) Days after the invoice date. Contracted Services SERVICE Quantity Unit Cost Subtotal Hosted Platform Configuration 1 $5,000.00 $5,000.00 Configuration Services to include design, 150 hours $150.00 $22,500.00 configuration, and reporting services as well as remote training sessions to supplement onsite training. Not to exceed 300 hours Remote Administrator 40 hours $150.00 $6000.00 Training/Configuration Remote End User Training Support/Train- 40 hours $150.00 $6000.00 the-Trainer $39,500.00 3. Subscription Fees 3.1 Initial Subscription Fees Application/Service Number of User Cost Subtotal Cost Subscribed Users per Year per Year New Licenses V3.8 Named Users included 21 $1,800.00 $37,800.00 JusticeTrax Indexer Exhibit C:Price and Payment Terms Page 35 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Annual Subscription Year 2 21 $1,800.00 $37,800.00 Annual Subscription Year 3 21 $1,800.00 $37,800.00 Interface Control/Tailored Work(if Flat fee N/A applicable) Total Cost per Year $37,800.00 Total contract cost including services and subscription fees for years 1, 2 and 3. $132,900 3.2 Increases in the User Cost per Year (UCY) after year 3 shall not exceed 5% per annual subscription. JusticeTrax shall notify Customer regarding any pricing increases at least sixty (60) days prior to the beginning of a Subscription Renewal Term. 4. Fees Schedule for SaaS Services 4.1 The subscription fee for the first full year of the Production Period shall be paid in full and in advance within thirty (30) days that the SaaS system is configured, and Customer access granted,which shall set the date of future annual renewals (the "Subscription Payment Date'). The annual subscription fee for subsequent years of Software as a Service(each a "Subscription Renewal Term")shall be paid in full and in advance on each annual Subscription Payment Date. 4.2 During the Production Period, the annual subscription fee for the Software as a Service shall be calculated as the number of users per application multiplied by their respective UCY as defined in Section 3. 5. Egress and Connectivity 5.1 The Customer will provide access in a manner consistent with their security requirements. 6. Database / Disk Storage 6.1 Disk Storage (for multimedia attachments and logs) shall be made available for a total maximum of 1 terabyte. Exhibit C:Price and Payment Terms Page 36 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit D: Onboarding Terms and Conditions 1. Documents 1.1 The Onboarding Terms and Conditions shall also include the following sections, where applicable: i. Documents ii. Statement of Work iii. Project Implementation Schedule iv. Interface Control/Tailored Work Document(ICTWD) - Not applicable V. Data Migration - Not Applicable vi. Enhancements Control Document(ECD)—Not applicable vii. Acceptance Testing viii. Training Course Outlines ix. Changes to Onboarding Projects 2. Statement of Work JusticeTrax shall assign a competent project manager to this project during the Implementation Period to deliver the Contracted Serves and Subscribed applications. The project manager shall be Jenna Oakes-Smith, with service delivery provided by an Implementation Specialist, unless the parties mutually agree to change this individual, which consent shall not be unreasonably withheld. The project manager shall prepare work plans and schedules, keep all active parties aware, in writing,of progress,changes, issues,etc.and convene meetings when necessary and convenient for the parties to resolve issues and confirm achievements. Only JusticeTrax staff who are fully trained and qualified and who have met the JusticeTrax security standards shall be assigned to this project. The Customer shall designate a project authority from their staff who shall have the experience, knowledge, and authority to make decisions with the JusticeTrax project manager and carry out those responsibilities attributed to the Customer and reflected in the Project Implementation Schedule (Exhibit D.3). JusticeTrax will provide guidance and assistance in specifying the hardware and third-party software to be purchased by the Customer. 3. Project Implementation Schedule JusticeTrax recognizes six (6) milestones in a project: • Project Start: Once a kick off meeting has been held with the Customer, the project is considered "in flight" and started. • Administrative Configuration Complete:Administrative configuration covers the data points that are used to enter case and result data; this data is either included in the application by default or is added to the application for the Customer either through script or the user interface. A complete administrative configuration means that the application contains all of the design and data needed for the Customer to enter case work. This may include, but is not limited to, user Exhibit D:Onboarding Terms and Conditions Page 37 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 designed data entry screens, configured modules, populated picklists and formatted report templates. • Configured for Use:This milestone means that initial acceptance testing by appropriate personnel (as defined in more detail in Section D.7) has been completed. The Customer has deemed the application configured and useable for their analytical and casework needs.The Customer can Go Live and put the application into us at any time. • End User Acceptance*: End User acceptance training and testing ensures that all end users have been appropriately trained, either by internal Customer trainers or by JusticeTrax Staff, and have been given the opportunity to test the application and become comfortable with its use. Issues that are identified in this process can be addressed either by the implementation team or under maintenance support. • Live*:The Customer is using their software in a production environment(however named) and the data that is being entered into the system will be used for official analytical/evidentiary needs. • Project Close:The onboarding of the Customer is complete. All contract items have bene delivered or reallocated as appropriate. All future work and support will be handled under subscription support and/or future contracts. *While project plans are created to include the End User Acceptance and Go Live milestones,these are not considered to be required under implementation projects. If delays in the project are generated due to limitations on Customer resource availability,these milestones may be skipped as the JusticeTrax Implementation Specialist is reassigned. Once an application is configured for use and can be used by the Customer,future support can, and would in the cases of a delayed project, be handled under the subscription agreement by the JusticeTrax helpdesk. If projects are delayed due to JusticeTrax resource availability, a new resource would be assigned,or a new project plan would be created to include these two milestones. The project timeline for this work, including dates of the milestones, is displayed below. P'q;aStart LIMS-plus Implementation Cnntig—d to,Use EndUx,A—ptan<e Sep 6 Jan 31 Apr 4' • . • .• Ap,11 Admin C—figu,ation Complete lkc6 7/8/2022 81,2/j022 10/16/2022 12/5/2022 1/24/2023 3/15/2023 5/4/2023 anon IT Team Sep 6-Sep 13 Admin Training 'IMS Admin Sep 13-Now 22 configuration h— IVIS Admin,and S— ou End User Training All Users Jan 20-Ma,31 End User Testing All U—, ♦Implementation Tasks Ma,14-Ap,4 •Project Milestones Exhibit D:Onboarding Terms and Conditions Page 38 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 4. Interface Control /Tailored Work Document (ICTWD) N/A 5. Enhancements Control Document (ECD) N/A 6. Data Migration N/A 7. Acceptance Testing The Customer will identify a team of users to take on the role of power users, subject matter experts, back up administrators (however named by the organization). These people should have technical, specific, and practical knowledge of at least one Discipline in the Crime Lab as well as evidence handling and processing. They will act as liaisons between the individual units and the overall implementation team. They should participate in admin or power use/SME training training during the implementation and help to make configuration choices for their representative unit. These staff members will be responsible for the acceptance of the individual section workflows and configuration.They will perform validation testing of all configured screens, administrative data, reports and any integrations that are needed by the section. Once they have signed off on their workflow,the application will be configured for use for that discipline. Once all disciplines have been accepted,the application will be considered Configured for Use and that milestone will be achieved. 8. Training Administrator/Configuration training is provided very early in the implementation process. Administrator training is provided to a group comprised of the designated LIMS administrators for the Customer as well as subject matter experts from each section as appropriate.The training is designed to teach this core group of users how to configure LIMS-plus to ensure that workflows and modules match the analytical needs of the Customer. This training will take place very early in the implementation.The contract line item of Administrator Testing will be to include general administrative topics as well as section specific information. 9. Changes to Onboarding Projects From time-to-time Project Changes may arise. JusticeTrax staff will propose and post such Changes to the JusticeTrax electronic project management system where the Customer shall accept or reject the change. Changes will be deemed acceptable should the Customer not respond within 7 calendar days. 9.1 Amendments The following types of changes shall require an Amendment Form to be completed, and if approved, signed by representatives of both Parties authorized to bind each Party in such matters: • Adding new product or additional services to the Project. • Changes in project scope that result in an increase to the fees. • Updates to the Project Implementation Schedule (Exhibit D.2)that impact the "1.9 Configured and Available for Use' Payment Milestone. Exhibit D:Onboarding Terms and Conditions Page 39 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 The above types of changes are not meant to be an inclusive list. In the event of inconsistencies amongst the Main Agreement or the Agreement's Exhibits and any Change Order Form the Change Order Form shall take precedence over the Exhibits contained in the Agreement. The Main Agreement shall remain unaffected. Exhibit D:Onboarding Terms and Conditions Page 40 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 9.2 Amendment Form CUSTOMER NAME AMENDMENT # TO AGREEMENT NUMBER THIS Amendment, entered into this day of by and between the CUSTOMER NAME (herein called the "Customer") and JusticeTrax, Inc."). WHEREAS, the Customer and JusticeTrax have entered into that certain Agreement identified above (the "Agreement"); and WHEREAS, JusticeTrax and the Customer have agreed that a change to the here-mentioned Agreement is necessary; NOW, THEREFORE, the parties hereto agree to amend said Agreement as follows: [Inset amendment language here]. All other terms and conditions of said Agreement are unaltered hereby, shall remain in full force and effect, and are hereby ratified and reaffirmed. FOR JUSTICETRAX: Signed Title Date FOR THE CUSTOMER: Signed Title Date Exhibit D:Onboarding Terms and Conditions Page 41 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit E: System Performance and Availability Standards 1 Overview This Exhibit sets forth the performance and availability standards to which the JusticeTrax software applications are expected to perform, providing that the Customer meets JusticeTrax' recommended hardware and network specifications, including server, desktop workstation and mobile configurations, and that the Customer uses the Application Software according to its intended design. Server hardware/software requirements, minimum workstation configurations, and network requirements are defined in Customer Supplied Hardware and Third-Party Software (Exhibit G). Specifications and requirements are subject to change to support future Product Upgrades. The measured times exclude any factors that may be caused by factors outside of JusticeTrax' control, such as, but not limited to, the network. 2 Transaction Response Times JusticeTrax Application Software performance is based on transaction response times, which are measured from operator action until visual response is observed or until the operation is completed. Important Note: Expected response times are not for data-dependent transactions, such as, but not limited to, displaying data lists, displaying dashboards, querying external interfaces, attaching/downloading files, generating reports, printing, or performing queries or searches. For such types of data-dependent transactions, including large administrative tasks and large evidence transfers, the response time results may vary depending on the amount of data involved, the sizes of the files involved, the complexity of reports, or the types of search criteria entered. The approach taken will be to measure the performance of transactions from an end user while the System is under normal and reasonable workload within the Production Use environment. Delays caused by the network will not be included in the response times. When measuring response time, no backups, ad-hoc queries against the database, or reports will be processed. The response times will be measured from workstations that meet the recommended workstation requirements as defined in this Exhibit. The expected transaction times for JusticeTrax Software Applications is three (3) seconds or less. Exhibit E:System Performance and Availability Standards Page 42 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 3 Availability Standards During the Production Period of the SaaS Services,the Application Software shall be available in the production environment 98% of the time. The following specifications define both availability and the method by which it is calculated: Availability is expressed as a percentage of the maximum expected availability over a given period. The Application Software shall be available seven days per week, 24 hours per day. The percentage availability for any period will be calculated as follows: (Total Hours in Period—Hours System Unavailable)x 100/Total Hours in Period "Unavailability" is where the JusticeTrax Software Applications are completely and generally unavailable for the Customer's use (but not the use of any one Authorized User, or subset/group of users; or access from any one workstation, or group of workstations), and does not include any unavailability attributable to: a. Scheduled downtime for maintenance; b. Scheduled downtime for System Upgrades or Updates; c. scheduled downtime for operating system patch updates; d. downtime for upgrades or updates to system software components and tools integrated as part of the Solution; e. downtime for upgrades or updates to cloud-based Third-Party Software Components and services integrated as part of the SaaS Services; f. downtime related to connectivity issues resulting from Customer or third-party-provided or managed Direct Connect or VPN access to hosted server or Customer internal network problems; Customer will be responsible for immediately notifying JusticeTrax of all third-party-managed VPN access and internal or external (e.g. internet service provider) network problems that arise; g. an incident resulting from data or infrastructure or network provided and/or performed by the Customer; h. acts or omissions of Customer or any Customer user, Authorized User, or any employee, agent or independent contractor of the Customer; i. lack of availability or untimely response from the Customer that require the Customer's participation for resolution; j. the Customer's negligence or breach of the Customer's material obligations under the Agreement; k. any other cause(s) beyond JusticeTrax' reasonable control, including but not limited to those caused by Third-Party Data,Third-Party Applications,Third-Party Provider,or Third-Party software, service outages by the platform provider, e.g., Microsoft Government Azure, as well as overall internet congestion, denial of service attack, or a force majeure. 4 Data Backup and Disaster Recovery Exhibit E:System Performance and Availability Standards Page 43 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 During the Production Period of the SaaS Services,JusticeTrax shall provide backup of Customer data using the tools inherent to the platform,e.g., Microsoft Government Azure. Platform tools shall also be used to establish and maintain disaster recovery processes. Exhibit E:System Performance and Availability Standards Page 44 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Exhibit F: Minimum Client and Peripheral Specifications System Requirements Below are the system requirements for JusticeTrax Software Applications, separated by systems hosted in JusticeTrax Cloud and those installed on premises. 1 JUSTICETRAX CLOUD Supported Platforms Desktop OS Windows 10 or 11 Prerequisites Desktops NET 4.7.2 or Higher Adobe Reader 10 or Higher JTTray Compatible Browsers Microsoft Edge (Recommended) Google Chrome' Firefox 51.x or Higher" Special Considerations Requirements All guidelines are the minimum recommendations for suitable performance. OS LIMS v3.7.x and v3.8.x do not support file paths that exceed 200 characters. Barcode Printers JusticeTrax supports Eltron/Zebra printers currently supported by the manufacturer. Exhibit F: Minimum Client and Peripheral Specifications Page 45 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 2 ON-PREMISES 25 Users 50 Users 100 Users Processors RAM Disk Space Processors RAM Disk Space Processors RAM Disk Space Web Server 4 8 GB 100 GB 4 8 GB 200 GB 8 8 GB 300 GB Database 4 16 GB 100 GB 4 16 GB 200 GB 8 16 GB 300 GB Server Supported Platforms Server OS Windows Server Standard Edition or Higher(minimum 2012 R2 or newer) Database Microsoft SQL Server(minimum 2016 or newer) Web Services IIS 8.5 or Higher Desktop OS Windows 10 or 11 Prerequisites Desktops NET 4.7.2 or Higher Adobe Reader 10 or Higher JTTray Servers NET 4.7.2 or Higher .NET Core (if installing Portal) JTHub Active Directory Implementations where the web,file and SQL services are housed on separate physical or virtual servers will require the configuration of a managed service account, service principle names (SPIN)and delegation. Domain Functional Level 2008 R2 or Higher Exhibit F: Minimum Client and Peripheral Specifications Page 46 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Compatible Browsers 'i I Google Chrome Firefox 51.x or Higher" Special Considerations Requirements All guidelines are the minimum recommendations for suitable performance. We recommend allocating additional processing, memory and storage capacity if a large number of concurrent users is expected (greater than 50)or if the lab will be storing a large number of images and attachments. Concurrent corresponds to the number of active users who are making simultaneous requests to the application. A system may have 200 total users, but only 30 to 50 are concurrently active at any given moment. Please contact Sales for information regarding large-scale deployments. Servers We recommend dedicated servers for JusticeTrax applications. Only one instance of the JTHub is needed in most environments. OS LIMS v3.7.x does not support file paths that exceed 200 characters. Database SQL's memory usage should be limited to allow the OS at least 4GB of RAM. Initial installs require Microsoft SQL Server 2016; upgrades to existing systems can continue on the existing database version. Virtualization Our applications will run in virtualized environments. Services may be housed on one or more virtual machines. Implementation and support of virtualization is not provided by JusticeTrax. Failover Our applications are compatible with Windows failover clustering. Our applications are compatible with SQL Active/Passive clustering. Implementation and support of fault tolerance is not provided by JusticeTrax. Clustering Multiple web server deployments are not required for most scenarios. Dates and times reflect the time zone of the web server. Labs that span multiple time zones might consider deploying a web server in each zone to accurately reflect the time of each zone. Implementation and support of clustering is not provided by JusticeTrax. Exhibit F: Minimum Client and Peripheral Specifications Page 47 of 48 JusticeTrax, Inc.&Corpus Christi Police Department Forensic Services Division SaaS Agreement#2022-003 Backups JusticeTrax does not assume any responsibility for backups. A backup solution will need to be implemented by local support staff. Barcode Printers JusticeTrax supports Eltron/Zebra printers currently supported by the manufacturer. 'Google Chrome is compatible with v3.8 products but has not been fully tested Firefox is compatible with v3.8 products but has not been fully tested. Exhibit F: Minimum Client and Peripheral Specifications Page 48 of 48 SC11 �o 0 N V oRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 30, 2022 DATE: August 26, 2022 TO: Peter Zanoni, City Manager FROM: Tammy Embrey, Director Intergovernmental Relations tammyeCa)-cctexas.com 361-826-3622 Resolution to submit DEAAG Grant Application to the Office of the Governor to Replace Wastewater Collection System Lines and Manholes at NAS-CC CAPTION: Resolution authorizing the submission of a grant totaling up to one million six hundred eleven thousand fifty-nine dollars and thirty-nine cents ($1, 611,159.39) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program with a match contribution of up to $387,000 from the City to fund project management and grant administration services. SUMMARY: The project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating vitrified clay pipe (VCP) wastewater collection lines with new modern poly/composite material wastewater collection lines which are not susceptible to damage and deterioration from the corrosive coastal environments found at Naval Air Station Corpus Christi (NASCC). NASCC also prioritized replacing approximately 19 broken and deteriorating wastewater collection manholes and adding two additional manholes (total of 21) with elevated access to address inflow into the sanitary sewer system during rain events to become compliant with the Department of Defense's Unified Facilities Criteria (UFC 3-240- 01) for Wastewater Collection and Treatment. This project would not begin until DEAAG funds are awarded, a grant agreement is executed between the State and the City, and the Secretary of the Navy approves the "gift" of the grant-funded infrastructure project. BACKGROUND AND FINDINGS: The Texas Legislature appropriated $30 million in this biennium to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been impacted by a past or future Base Realignment and Closure action. DEAAG application period is now open with $15 million available for this round. The deadline for submission of grant applications to the TMPC is Wednesday August 31, 2022 The current sewer system is used for both domestic and industrial waste and is considered a critical function for all base operations, as well as on-base residents. The proposed project will only address replacement of the critical path of domestic wastewater collection lines and manholes. The 10-inch industrial wastewater collection lines are maintained by the Corpus Christi Army Depot (CCAD) and are not in need of replacement. NASCC's current wastewater system is almost 80 years old and serves as the backbone of NASCC's domestic waste collection system. Extensive deterioration of the system prevents operating at full design capacity. The current domestic collection system is beyond its typical 50-60-year life-cycle and does not comply with the DoD's current criteria for wastewater collection and treatment. The domestic wastewater collection system serves office buildings, warehouses and mission-critical facilities supporting the base's tenant commands as well as residential properties for active-duty personnel and their families and recreation facilities. The domestic wastewater collection lines require frequent, routine, and costly repairs to keep the system functional at a reduced capacity. It is estimated that between 75% and 80% of the primary domestic wastewater collection lines are obstructed with subsoil material due to broken joints and brittle conditions as well as surface water inflow and groundwater infiltration of the VCP lines. Catastrophic failure on a system-wide level is inevitable. Over the prior seven federal fiscal years (FFY 2016-YTD 2022), the Navy has spent more than $3.6 million on repairs to the domestic wastewater collection system. The Navy invested $32 million in a new wastewater treatment plant which became operational in October 2021. The deteriorating domestic wastewater collection system causes significant capacity issues, increases chemical usage, increases operating cost, and accelerates the deterioration of the base's new wastewater treatment plant. The potential for system failure threatens mission readiness for NASCC and all its tenant commands. Since 2015, NASCC has reported 20 instances of WWTP permit non-compliance. Only once in 2017 did those reports result in a Notice of Violation from the Texas Commission on Environmental Quality (TCEQ) which issued an Enforcement Action against NASCC. Without DEAAG funding to replace domestic collection lines and manholes and the base's wastewater system were to fail, NASCC could face regulatory enforcement for violating the Clean Water Act from the TCEQ - with fines up to $25,000 per day per violation. NASCC would also suffer severe mission degradation until regulatory and remediating corrective actions could be taken to replace the failing domestic wastewater collection system PROJECT COST LEVERAGE DOLLARS PERCENTAGE DEAAG $ 1,611,159.39 40.3% NASCC $ 2,000,000 50% CITY OF CORPUS CHRISTI $387,000 9.7% ALTERNATIVES: Council may choose to not approve the resolution resulting in a need for NASCC to find alternative funding for this project. FISCAL IMPACT: The City of Corpus Christi will provide an in-kind contribution of$387,000 which will cover project management and grant administration for the project. Funding Detail: Fund: 3543-ST2007A- 1 TMPCCO Organization/Activity: Mission Element: Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the resolution. LIST OF SUPPORTING DOCUMENTS: Resolution —Attachment C Map - Attachment O — NASCC WW Line replacement Site Exhibit ATTACHMENT C Resolution authorizing the submission of a grant totaling up to one million six hundred eleven thousand one hundred fifty-nine dollars and thirty-nine cents ($1, 611,159.39) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program with a match contribution of up to $387,000 from the City to fund project management and grant administration services. WHEREAS, with 15 major installations and the Army Futures Command, numerous headquarters, open spaces for realistic training, low cost of living and outstanding support to military and families, Texas has a long, significant, and proud history of partnership with the defense of our nation; and WHEREAS, active duty and reserve installations across the branches of service in Texas, the Texas Comptroller of Public Accounts estimates these military installations contributed at least $114.1 billion to the Texas economy in 2021 and supported more than 622,790 jobs in communities across the state; and WHEREAS, these military installations are also part of the fabric of many communities and are a source of great pride, provide skilled workforce, add to population growth, and have significant economic impact; and WHEREAS, Naval Air Station Corpus Christi (NASCC) and the Corpus Christi Army Depot (CCAD) have an estimated employment of more than 9,400 full-time and contract employees making CCAD the largest employer in the City and NASCC the sixth largest; and WHEREAS, NASCC consists of more than 75 buildings spread out over more than 2,800 acres housing 29 tenant commands, including the Corpus Christi Army Depot (CCAD), the Defense Logistics Agency (DLA), Department of Homeland Security, Chief of Naval Air Training (CNARA), and Morale Welfare and Recreation (MWR); and WHEREAS, the current wastewater collection system at NASCC is used for both domestic and industrial waste and is considered a critical function for all base operations, as well as on-base residents. NASCC's current wastewater system is almost 80 years old and serves as the backbone of NASCC's domestic waste collection system. Extensive deterioration of the system prevents operating at full design capacity. The current domestic collection system is beyond its typical 50-60-year life cycle and does not comply with the Department of Defense's current criteria for wastewater collection and treatment. The domestic wastewater collection system serves office buildings, warehouses and mission-critical facilities supporting the base's tenant commands as well as residential properties for active-duty personnel and their families and recreation facilities; and WHEREAS, the project proposes to replace approximately 4,948 linear feet (LF) of severely deteriorating vitrified clay pipe (VCP)wastewater collection lines with new modern poly/composite material wastewater collection lines which are not susceptible to damage and deterioration from the corrosive coastal environments found at NASCC. NASCC also prioritized replacing approximately 19 broken and deteriorating wastewater collection manholes and adding two additional manholes (total of 21) with elevated access to address inflow into the sanitary sewer system during rain events to become compliant with the Department of Defense's Unified Facilities Criteria (UFC 3-240-01) for Wastewater Collection and Treatment. Page 1 of 3 WHEREAS, over the next two federal fiscal years, the Navy has committed significant matching contributions for the planning, design, and implementation of this proposed project, totaling $2 million; and WHEREAS, the Texas Legislature appropriated $30 million in the FY22-FY 23 biennia to the Texas Military Preparedness Commission (TMPC) Defense Economic Adjustment Assistance Grant (DEAAG) fund to assist defense communities that have been, or may potentially be, impacted by a past or future BRAC action, to obtain economic assistance to mitigate or prevent or otherwise positively affect their local economy through funded projects. The DEAAG application period is now open and $15 million is available for this round. The TMPC deadline for submitting DEAAG applications is August 31, 2022; and WHEREAS, this project will build on the strong partnership between Naval Air Station Corpus Christi, the State of Texas and the City of Corpus Christi that has made vital infrastructure investments at NASCC and CCAD over the last decade, NOW THEREFORE BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: The City Manager, or designee, is authorized to submit a grant application totaling up one million six hundred eleven thousand one hundred fifty-nine dollars and thirty-nine cents ($1, 611,159.39) to the Office of the Governor for funding from the Texas Military Preparedness Commission's Defense Economic Adjustment Assistance Grant Program with a match contribution of up to $387,000 from the City to fund project management and grant administration services. PASSED AND APPROVED on the day of 2022: Paulette M. Guajardo Roland Barrera Gil Hernandez Michael Hunter Billy Lerma John Martinez Ben Molina Mike Pusley Greg Smith Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Page 3 of 3 l.p.!! PROATER LINE i N 00 r J PLINE P.B.1.z'WASTEWATER I LEGEND p Z EXISTING WASTEWATER LINES TO BE REPLACED (/' � ••• EXISTING WASTEWATER LINES TO REMAIN EXISTING MANHOLE TO REMAIN (8 TOTAL) PROP.21"WASTEWATER, V r! • EXISTING MANHOLE TO BE REPLACED(19 TOTAL) " �1 LINE A" ',� � _ �i '; • PROPOSED MANHOLE(2 TOTAL) .,.sy.F NOTE. TH ISIS A PLANNING EXHIBIT AND IS NOT BASED ONASURVEVORSUE TT M"^` • PROP.18"WASTEWATER NEp'A" 1 = lop ! + O4 d•� t of ; PROP 18 STEWATER, - LINE A All PROP 18 WASTEWATER CYC P LINE A •� '+-A Lam._...:yF .!`�' .._p �. _ U Z d AVE b - .". o a s[E7 as na nN ,er,a a , nm� -- I. �r, 1 40P +ENFEE' s ��a so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Robert Rocha, Fire Chief RRocha@cctexas.com (361) 826-3935 Emergency Medical Service (EMS) Fee Increase CAPTION: Ordinance amending Corpus Christi Code Section 18-20 to increase ambulance rate schedule by 3% effective October 1, 2022. SUMMARY: This ordinance amends Corpus Christi Code Section 18-20 to increase the Emergency Management Services (EMS) fee schedule by 3%. BACKGROUND AND FINDINGS: In 2017, the City of Corpus Christi and MGT of American Consulting Group conducted a User Fee Study of the Corpus Christi Fire Department's EMS fee schedule. In February 2018,the City Council approved the amendments to the EMS Fee schedule according to the user fee study conducted by MGT. This was the most recent adjustment to EMS fees. The Corpus Christi Code of Ordinances Chapter 18; Article II; Sec. 18-20 (b) Adjustment of ambulance rates, allows for the adjustment of ambulance rates based on the South Region Consumer Price Index (CPI) for All Urban Consumers for Medical Care as published by the Federal Bureau of Labor Statistics. Any year in which the CPI increases by more than one percent from the previous year, ambulance rates may be adjusted by an amount equal to the annual change in the CPI. Ambulance rate schedule adjustments shall not exceed five percent in a single year and shall not be adjusted more often than annually. Any adjustment of ambulance rates requires City Council approval. The CPI for 2021 shows an increase of 4.7%. The following table shows the proposed increase for the 2023 EMS fee schedule by 3%, which will be an estimated revenue increase of$211,640. Table 1: Ambulance Rates Schedule Service or Item 2022 Fee Change 2023 Fee (current) % (proposed) 1 EMS 911 base rate—Transport $1,385.00 3.0 $1,426.55 2 EMS 911 base rate— Non -Transport $150.00 3.0 $154.50 3 Oxygen $45.00 3.0 $46.35 4 Advanced Life Support (ALS) Routine $50.00 3.0 $51.50 Disposables 5 Basic Life Support (BLS) Routine Disposables $25.00 3.0 $25.75 Table 2: Supplementary Charges Service or Item 2022 Fee Change 2023 Fee (current) % (proposed) 1 Mileage charge per mile from patient pick-up point $15.00 3.0 $15.45 to the hospital 2 Charge for responding to a medical alarm which is $60.00 3.0 $61.80 a malfunction, no one at home, no one injured. 3 Charge for emergency medical services provided $125.00 3.0 $128.75 to non-residents 4 Charge for providing additional personnel when $45.00 3.0 $46.35 needed to provide care during transport Charge to the facility for Fire Department 5 response to skilled nursing facility for the pick-up $250.00 3.0 $257.50 of a resident that does not require transport to the hospital ALTERNATIVES: The alternative is not to adjust the fee as recommended, but instead to continue collecting current EMS fees; however, this would reduce the potential of increasing EMS revenue and possibly hinder the ability to provide adequate EMS supplies and equipment to conduct proper lifesaving functions in medical emergency situations. Another alternative is to adjust the fee to a different percentage than the proposed 3%. FISCAL IMPACT: The fiscal impact for FY 2023 will be an estimated revenue increase of$211,640.90. This number is an estimate because the fiscal impact depends on EMS call volume and collection rates for those calls. Funding Detail: Fund: 1020 General Fund Organization/Activity: 35100 City Ambulance Mission Element: 888 Revenue Project # (CIP Only): N/A Account: 321000 Emergency Calls Amount $211,640.90 RECOMMENDATION: Staff recommends that City Council approve the 3% increase to the EMS fee schedule, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Corpus Christi Code Section 18-20 to include an itemized ambulance rate schedule. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: Section 1. The Corpus Christi Code of Ordinances, Chapter 18, Section 20 is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 18-20. Ambulance rates. (a) Ambulance rates schedule. Ambulance rates for emergency medical service shall be charged pursuant to the ambulance rate schedule. The initial ambulance rate schedule will be approved by city council and must be filed with the city secretary. The ambulance rates schedule may be amended per the provisions of this chapter and such amended schedule must be filed with the city secretary. (b) Adjustment of ambulance rates. (1) In this section, "consumer price index" means the annual revised South Region Consumer Price Index for All Urban Consumers for Medical Care, as published by the Federal Bureau of Labor Statistics. (2) Any year in which the consumer price index increases by more than one per cent (1%) from the previous year, ambulances rates may be adjusted by an amount equal to the annual change in the consumer price index. Ambulance rate schedule adjustments shall not exceed five per cent (5%) in a single year and shall not beadjusted more often than annually. [ 7 ice h F.e-rt}� ms -F��-1 i i I o will h c�o i i_h,�m�ic+te�tFtl�' G96IRGil n n i i I I i f_.F re e RY adj icfmonf of A_mh111onno rAfoc FE?9 HFE?6 pity GG 1RGiI -1-1-9-1 (c) The city manager is authorized to establish charges, not to exceed the reasonable cost of providing the service, for other supplementary services such as providing standby equipment and crews at special events and attending training courses. (d) Rates. Service or Item Fee Per Service or Item EMS 911 base rate - Transport $1 ,426.55 2 EMS 911 base rate — No Trans ort $154.50 Oxygen $46.35 Advance Life Support (ALS) Routine Disposables 1 $51 .50 5 Basic Life Support BLS Routine Disposables $25.75 (e) Supplementary charges: (1) Providing a mileage charge of$15.45 per mile from patient pick-up point to the hospital. (2) Providing a fee for responding to a medical alarm which is a malfunction, no one at home, no one injured, $61.80. (3) Providing a charge of $128.75 for emergency medical services provided to non-residents. (4) Providing a charge of$46.35 for additional personnel when needed to provide patient care during transport. (5) Providing a charge to the facility $257.50 for Fire Department response to skilled nursing facility for the pick-up of a resident that does not require transport to a hospital. Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. Section 4. This ordinance takes effect upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Emergency Medical Services (EMS) US C� Fee Increase Corpus Christi Fire Department / August 30, 2022 �/� E D � S INTRODUCTION • Code of Ordinances Chapter 18 allows the adjustment of ambulance rates based on the South Region Consumer Price Index (CPI) • Rates can be adjusted only once a year and cannot exceed 5% adjustment per year • Any ambulance rates requires City Council approval • Last time rates were adjusted was 2018 • Propose amending Corpus Christi Code Section 18-20 to increase EMS fees by 3% • Medicare payments received will remain the same while Indigent care fees will be considered Charitable Care and included in the annual TASPP reimbursement request • Estimated revenue increase by $211,640 • EMS revenue is used to fund the purchase of equipment and supplies utilized during emergency response Table 1:Ambulance Rate Schedule Service or Item 2023 Fee EMS Fee I (proposed) 1 EMS 911 base rate-Transport $1,385.00 3% $1,426.55 Charts 2 EMS 911 base rate-Non-Transport $150.00 3% $154.50 3 Oxygen $45.00 3% $46.35 4 Advanced Life Support Routine Disposables $50.00 3% $51.50 5 Basic Life Support Routine Disposables $25.00 3% $25.75 Table 2: Supplementary Charges Service or Item i2023 Fee 1 Mileage charge per mile from patient pick-up point to 0 $15.00 3% $15.45 hospital 2 Charge for responding to medical alarm which is a $60.00 3% $61.80 malfunction,no one home,no one injured 3 Charge for emergency medical services provided to 0 $125.00 3/0 $128.75 non-residents 4 Charge for providing additional personnel when needed $45.00 3% $46.35 to provide care during transport 5 Charge to the facility for Fire Dept.response to skilled nursing facility for the pick-up of a resident that doesn't $250.00 3% $257.50 require transport to hospital SC 00 � 0 � AGENDA MEMORANDUM NCORPOR 1'0 First Reading for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: David Lehfeldt, Director of Solid Waste Services David L3(a)cctexas.com (361) 826-1966 Rate Increases for Solid Waste Services CAPTION: Ordinance amending various sections of the Code of Ordinances, Chapter 21 , Solid Waste, by revising applicable fees, rates, and charges. SUMMARY: This ordinance increases the monthly solid waste collection charges for residential, commercial and ancillary collection services by 5%, Cefe Valenzuela Landfill disposal charges by 7.5%, and the JC Elliott Transfer Station commercial charges by 15%. The Municipal Solid Waste System Service Charge (MSWSSC) increases from $0.31 per cubic yard to $0.91 per cubic yard for dumpster service, and from $0.82 to $2.40 per cubic yard for roll-off service, for customers who are billed by solid waste haulers without City disposal contracts, such that the per cubic yard rate for the MSWSSC is uniform for haulers with and without City disposal contracts. BACKGROUND AND FINDINGS: The Proposed FY 2022-2023 Solid Waste budget includes estimated revenues generated with the proposed rate increases of 5%for residential and commercial accounts and ancillary collection services, 7.5% for Cefe Valenzuela Landfill disposal charges and 15% for JC Elliott Transfer Station commercial charge. Included with the proposed rate changes are increases to the MSWSSC of 60 cents per cubic yard for dumpster service customers and $1 .58 per cubic yard for roll-off service customers, applied to customers who utilize the services of solid waste haulers without City disposal contracts. The increases standardize MSWSSC rates, such that customers are assessed the same MSWSSC when using the services of haulers with or without City disposal agreements. Inflationary factors have substantially impacted costs within the Solid Waste industry. Labor, fuel and equipment have been subject to double digit inflation over the past year. The recommended rate increases are needed to offset anticipated costs in providing collection and disposal services. The last effective dates for past rate increases are shown below: Residential Collection October 2018 Commercial Collection October 2021 JC Elliott Transfer Station October 2021 Landfill October 2021 MSWSSC August 2009 ALTERNATIVES: The alternative is to approve smaller increases, or no rate increases at all. This would reduce the level of service able to be provided by the Solid Waste Department. FISCAL IMPACT: The rate increases add an estimated $1 ,839,000 in General Fund revenue to the Proposed FY 2022-2023 Budget, with $1 ,259,000 from Residential and Commercial Collection, $484,000 from the JC Elliott and Landfill disposal charges, and $96,000 from the MSWSSC. FUNDING DETAIL: Fund: n/a Organization/Activity: n/a Mission Element: n/a Project # (CIP Only): Account: n/a RECOMMENDATION: Staff recommends amending the Ordinance as presented. LIST OF SUPPORTING DOCUMENTS: Sections of Ordinance with old rates lined through and new rates underlined. Ordinance amending various sections of the Code of Ordinances, Chapter 21, Solid Waste, by revising applicable fees, rates, and charges. WHEREAS, the fees, rates, and charges ("rates and charges") established for the collection and disposal of solid waste are located in various sections of Chapter 21 of the Corpus Christi Code of Ordinances ("Code") and need to be revised. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Various sections of Chapter 21, "Solid Waste," of the Code of Ordinances are amended by revising the rates and charges for the collection and disposal of solid waste, with the relevant sections' new text shown underlined and deleted text shown stricken, to read as follows: "Sec. 21-40. Charges—For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste operations department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal/state surcharges or fees specified in section 21-20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection 1 One-family dwelling $417.76 (2) Two-family dwelling on one (1) water and/or gas meter $37-.2-G 39.06 (3) Two-family dwelling to eight-family dwelling on separate water $16-91 17.76 and/or gas meters each unit (4) Apartment $46-91 17.76 per unit (5) One-family dwelling and single apartment on one (1) water $27 20 39.06 and/or gas meter (6) Apartment house, travel trailer park, or manufactured home $4Cq Q 1 17.76 park on one (1) water and/or gas meter per unit (7) Apartment house, travel trailer park, or manufactured home $4Cq Q 1 17.76 park—Each apartment, travel trailer pad, or manufactured per unit home site on separate water and/or gas meter (8) Additional charge for rear door pick up on any type above $4 -95 13.70 per unit (8.1) Commercial customer, on one (1) water and/or gas meter $27 29 39.06 (9) Additional truckloads of yard waste, heavy brush, clean wood $8259 86.63 waste, or bulky items at time of scheduled yard waste, heavy per truckload brush, or bulky item collection Page 1 of 6 (10) Surcharge for bulky item pick up $43.20 13.86 per item (11) Special non-scheduled yard waste, heavy brush, clean wood Actual cost not waste, debris, or bulky items collection, including pick up of to exceed yard waste, heavy brush, clean wood waste, debris, and bulky $2�-Q Q items set out more than five days prior to the scheduled pick 231 .00 per up of brush, waste, debris, or bulky items and that is a traffic, truckload safety, or health hazard (12) Reserved Reserved (13) Surcharge for tires set out for collection on a non-designated $5-505.78 collection day; size of tires must be 20 inches or less in per tire diameter (14) Garbage cart delivery fee—assessed for every second and 11 .55 additional residential cart delivered and for every third per cart commercial cart delivered per account (14.1) Monthly collection fee on second and additional residential $40-GO 10.50 carts and commercial carts per cart (15) Improvements to solid waste services $2-.392.51 per month (16) Recycling education—Surcharge $8� 0.26 per month (17) Solid waste capital improvements $4-5Q.1 .58 per month (18) Non-scheduled cart collection—Assessed for service or for $11-9Q 11 .55 removal of cart when cart is an immediate hazard to vehicular per incident traffic on a street or alley or to pedestrian movement on a sidewalk, or when cart is left out for collection and remains resent on an undesignated collection da (19) Super bag collection service (sales tax included) $135.00 each (20) Special waste collection fee - recycling cart $25-08 26.25 "(b) "Sec. 21-41. Charges—For disposal services. it(a) "(e) The following fee schedule applies to each load of solid waste deposited at a disposal site operated by the department: "(1) Residential customers. "(2) Commercial vehicles - Landfill (tipping rate). A I Solid waste by weight $48 43.05 per ton* Page 2 of 6 B Loose load of solid waste, not weighed $442 11 .94 per cubic yard* C Compacted load of solid waste, not weighed $44-565 15.63 per cubicyard* D Construction and demolition debris, not weighed $44-x65 $15.63 per cubicyard* E Heavy brush and yard waste, not weighed $44-565 15.63 per cubicyard* F Commercial vehicle transporting household waste for a No charge residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste. " * Includes state disposal fee, state/federal mandated surcharges as provided by section 21-42. " (3) Commercial vehicles- Transfer station (tipping rate). A Solid waste by weight $44-89 48.03 er ton* B Loose load of solid waste, not weighed $442 13.33 per cubicyard* C Compacted load of solid waste, not weighed $15 2 Q 17.44 per cubicyard* D Construction and demolition debris, not weighed $15 2Q 17.44 per cubic yard* E Heavy brush and yard waste, not weighed $15 2Q 17.44 per cubic yard* F Commercial vehicle transporting household waste for a No charge residential customer when accompanied by the residential customer. (The residential customer must be the driver or a passenger in the commercial vehicle or arrive in a separate vehicle at the landfill with the residential customer's waste.) " * Includes state disposal fee, state/federal mandated surcharges as provided by section 21-42. it (4) Special fees. A Clean, uncontaminated dirt that is suitable for landfill use No charge (as determined by landfill superintendent or designee of the superintendent) B Clean wood waste, heavy brush, or rubble suitable for $4465 12.65 recycling, including crushed concrete, asphalt, bricks, etc. perton C Large household appliances, such as stoves, washing $4 a8 13.23 each machines, clothes dryers, dishwashers, refrigerators, or other similar items, except large household appliances transported in a non-commercial vehicle by a residential customer who resides within the city D Tires Automobile $2-9-92.25 Page 3 of 6 Truck or large trailer tires 16-19" $,&� 3.75 Tractor tires (520") $4� 5.50 Larger than 20" Market price as determined by director Cut into quarters or more Tipping fee rate E Vehicles with loads not adequately secured so as to prevent $42 Q0 14.00 any of the contents of the transported load from being ejected or dropped during transport of the load F Use of scales $�� 31 .95 G Any solid waste that requires special preparation, handling, As determined by or cover the director <<(f) * * * "Sec. 21-47. Municipal solid waste system service charge. (((a) "(b) The municipal solid waste system service charge for all waste collected is: (<(1) "(6) For customers within the city, who are billed by the permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21-41(e)(2)a., the municipal solid waste system service charge will be credited with ^Rea 'l^l'�A.r Ar,l r,ro +G ($1 .99) forty-nine cents ($0.49) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is +h„-+„ ^„o ,.or+ ($0-31) ninety-one cents ($0.91) per cubic yard of capacity each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes; of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the roll-off box and frequency of service, if their permitted solid was hauler for hire has a put or pay contract with the city and disposes of the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with one dollar and twenty-nine cents ($1 .29) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system charge, with the credit, is two dollars and forty cents ($2.40) per cubic yard of capacity each time the customer's roll-off Page 4 of 6 box is serviced. For customers located within the city, who are billed by their permitted solid waste hauler for hire by volume of the roll-off box and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21-41(e)(2)a., the municipal solid waste system service charge will be credited yrs-and Gighty SGVGR ^GR+c ($2.8" one dollar and twenty-nine cents ($1 .29) for portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is 80ght tWE) G8RtS ($Q 82 two dollars and forty cents ($2.40) per cubic yard of capacity each time the customer's roll-off box is serviced. "(7) it(c) it * * << Section 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgement or decree of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. Section 3. This ordinance takes effect October 1, 2022; provided, however, that the increases to the tipping fees stated in Section 1 of this ordinance, specifically in Sections 21-41(e)(2) and (3), as made applicable to permitted solid waste haulers holding either an 80% or a 100% guaranteed waste volume contract with the City, take effect on and after January 1 , 2023. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma Page 5 of 6 The foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 6 of 6 SERVICES Solid Waste Fee Increases Council Presentation August 30, 2022 Monthly Utility Rate Increases Current Proposed Rate Rate $ increase Residential Collection $26.70 $27.85 $1.15 Commercial Collection $49.48 $51.72 $2.24 Cef e Valenzuela Landfill a Current Proposed $ Rate Rate increase Non-Contract Rate Disposal Fee $39.17 $42.11 $2.94 State Fee $0.94 $0.94 $0.00 MSWSSC * $10.24 $10.24 $0.00 $50.35 $53.29 $2.94 Contract Rate ( 80% Contract) Disposal Fee $29.38 $31.58 $2.20 State Fee $0.94 $0.94 $0.00 MSWSSC * $15.14 $15.14 $0.00 $45.46 $47.66 $2.20 * Does not apply to waste from outside the City limits. ** Effective January 01, 2023 for City contract haulers. Transfer Station Current Proposed $ Rate Rate increase Disposal Fee per ton $40.95 $47.09 $6.14 State Fee $0.94 $0.94 $0.00 MSWSSC * $10.24 $10.24 $0.00 Sales Tax $4.30 $4.81 $0.51 $56.43 $63.08 $6.65 * Does not apply to waste from outside the City limits. MSWSSC Rate Increase A: Current Proposed $ Rate Rate increase Non-Contract, based on dumpster, capacity and collection frequency (per CY) $0.31 $0.91 $0.60 Solid Waste Services Questions? so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting 08/30/2022 1852 Second Reading Ordinance for the City Council Meeting 09/06/2022 DATE: August 22, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director of Development Services Al Raymond(a-)cctexas.com (361) 826 - 3575 Development Services Fee Schedule Adjustments CAPTION: Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. SUMMARY: Development Services is proposing to adjust existing fees based on plan included in Ordinance 032546. This plan included increasing 46 existing fees, adding 36 new fees, eliminating 12 existing fees, and increasing all non-adjusted fees by 10% in Fiscal Years 2022, 2023, 2024, and 2025. BACKGROUND AND FINDINGS: Development Services Department had not increased many fees since 2002 until Fiscal Year 2022's budget proposal. After conducting a fee study in 2019, and based on the current construction cost index, it was discovered that Development Services fees were approximately 40% behind cost recovery models. Development Services benchmarked other Texas cities, performed cost of service analyses, and had numerous engagement opportunities with the development community. During Fiscal Year 2022 budget proposal Development Services developed a four-year plan to adjust fees with the goal of meeting cost recovery models by Fiscal Year 2025. This item affirms that plan and will implement year 2 of the four-year plan. FISCAL IMPACT: Fiscal impact for Fiscal Year 2022 —2023 is anticipated to be: Development Services: Approximately $450,000 RECOMMENDATION: Staff recommends approval of the Development Services Department fee schedule adjustments. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance affirming Development Services fee schedules including fee schedules for Technical Construction Codes, Excavation and Fill, Unified Development Code, Zoning, Beachfront Construction, Dune Protection, and Billboards. Whereas the Development Services fee schedules are necessary for cost recovery for administration of the interrelated City regulatory programs. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14-1313, Technical construction code fee schedules, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1313. Technical construction codes fee schedules. The following fee schedules apply to activities under article II of this chapter: PLAN REVIEW FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Residential: $0.110 per $0.121 per $0.133 per $0.146 per New construction, additions and square foot square foot square foot square foot remodeling Commercial: New construction, additions and 40% of the building permit fee remodeling Floodplain Review/Inspections for Residential and Commercial $100.00 (Public Works) Multiple plan review fee for 15% of the plan review fee for fourth review submittal Residential and Commercial Expedited plan review (internal 150% of the plan review rate staff) for Residential and Commercial Page 1 of 14 Customized plan review for 150% of the plan review rate plus $150.00 per hour with a Residential and Commercial two-hour minimum Minor Addendums for Residential $100.00 $110.00 $121 .00 $131 .10 and Commercial Major Addendums for Residential Repayment of the Plan Review Fee and Commercial BUILDING PERMIT FEES RESIDENTIAL - New Construction, additions and $0.347 per $0.381 per $0.419 per $0.461 per remodels (excludes mechanical, square foot square foot square foot square foot electrical and plumbing) $110 Min $121 Min $133.10 Min $146.41 Min General Repair $110.00 $121.00 $133.10 $146.41 Roofing and Siding $0.050 per $0.054 per $0.060 per $0.066 per square foot square foot square foot square foot $110 Min $121 Min $133.10 Min $146.41 Min COMMERCIAL $0 to $5 million .70% of valuation $5.001 to $10 million .65% of valuation $10.001 to $20 million .60% of valuation $20.001 to $50 million .58% of valuation Construction site offices $88.00 $96.80 $106.48 $117.12 SIGNS Sign $118.80 $130.68 $143.75 $158.12 Building permit for electrical signs $88.00 $96.80 $106.48 $117.13 TRADE PERMITS ELECTRICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 PLUMBING Page 2 of 14 Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 MECHANICAL Residential $.055 per $0.061 per $0.067 per $0.075 per square foot square foot square foot square foot Commercial The greater of the minimum fee or .25% of the total project valuation Minimum Fee $110.00 $121.00 $133.10 $146.41 DEMOLITION PERMITS Residential $200.00 $220.00 $242.00 $266.20 Commercial $400.00 $440.00 $484.00 $532.40 CERTIFICATE OF OCCUPANCY Change of use of existing building $331.10 $364.21 $400.63 $440.69 or structure Name Change $100.00 $110.00 $121.00 $133.10 Temporary- Residential $100.00 $110.00 $121.00 $133.10 (every 30 days) Temporary- Minor Commercial $250.00 $275.00 $302.50 $332.75 (every 30 days) Projects under $5 Million Temporary- Major Commercial (every 30 days) Projects over $5 $500.00 $550.00 $605.00 $665.50 Million After hour Certificate of $100.00 plus $110.00 plus $121.00 plus $133.10 plus Occupancy or Temporary original fee original fee original fee original fee Certificate of Occupancy MOVE STRUCTURE/OVERSIZED LOAD PERMITS Move Structure $132.00 $145.20 $159.72 $175.69 Traffic Engineering route sheet $67.10 $73.81 $81.19 $89.31 Mobile Home/HUD-code $117.15 $128.87 $141.75 $155.93 manufactured housing installation permit Backflow Prevention Page 3 of 14 Backflow prevention device test $20.00 filing fee Minimum Fee $100.00 MISCELLANOUS PERMIT FEES Early Assistance Meetings Development Services- $75.00/per trade per hour ($150.00/minimum) Traffic Engineering- $100.00/per hour Stormwater- $100.00/per hour Floodplain Management- $50.00/per hour Permit Extension Greater of$80.00 or 33.75% of permit fee Renewal of expired permit Greater of$80.00 or 33.75% of permit fee plus permit extension fee Permit Research Fee (per hour) $16.50 $18.15 $19.97 $21.96 Request for refund on canceled $125.00 $137.50 $151.25 $166.38 permit if no work or inspections are done After hours inspections $240.00 $264.00 $290.40 $319.44 Temporary event permit $150.00 $168.75 $189.84 $208.83 Cost for scheduling inspections or $10.00 $11.00 $12.10 $13.31 providing review or inspections Per service Per service Per service Per service results by City staff if available on provided provided provided provided the free DSD Portal 24 hours a day. Requests for interpretation, technical rulings, modifications of code, concurrence for use of an alternative material or method, $500.00 $550.00 $605.00 $665.50 and appeal from decision of Building Official to Technical Constriction Appeal and Advisory Board. Floodplain Hardship Variance Application Fee in addition to the $300.00 cost of the Technical Construction Appeal and Advisory Board (Public Works) Floodplain Determination $150.00 (Public Works) Page 4 of 14 Overview and Concurrence Letter Single Lot - $250.00 of Map Revision Multiple Lots - $250.00 plus $50.00 per lot ($5,000 (Public Works) maximum) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1313 PENALTY FEES Work Commenced without a 2 times the permit cost plus investigative fee permit Investigative Fee $495.00 $544.50 $598.95 $658.85 Re-inspection fee after 2nd $88.00 $96.80 $106.48 $117.13 inspection (per inspection) LICENSES/REGISTRATIONS House Mover $146.30 $160.93 $177.02 $194.73 Mechanical Contractor $148.50 $163.35 $179.69 $197.65 Lawn Irrigator $148.50 $163.35 $179.69 $197.65 Backflow prevention assembly $148.50 $163.35 $179.69 $197.65 tester BILLBOARDS Signs <100 square feet- Annually $14.30 plus $15.73 plus $17.30 plus $19.30 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot Signs 101-300 square feet- $30.80 plus $33.88 plus $37.27 plus $40.99 plus Annually $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot >301 square feet- Annually $44.00 plus $48.40 plus $53.24 plus $58.56 plus $0.055 per $0.061 per $0.067 per $0.073 per square foot square foot square foot square foot After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 2. Section 14-1321 , Fees for excavation and fill permits, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1321. Fees for excavation and fill permits. The fees in this division apply to applications for excavation and fill permits. Page 5 of 14 EXCAVATION & FILL PERMIT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 Excavation permit application fee $275.00 $302.50 $332.75 $366.03 Monthly fee for excavation permit $55.00 per $60.50 per $66.55 per $73.21 per month month month month Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to Planning Commission Processing fee for appeal of denial of $110.00 $121 .00 $133.10 $146.41 excavation permit to City Council Fill permit application fee $275.00 $302.50 $332.75 $366.03 DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1321 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 3. Section 14-1341 , Unified Development Code fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1341. Unified Development Code fees. This division sets the amounts of the fees required by the Unified Development Code. UNIFIED DEVELOPMENT CODE FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 PLATTING APPLICATION FEES PRELIMINARY PLAT Page 6 of 14 <1 acre $1,400.00 $1,540.00 $1,694.00 $1,863.40 1-5 acre $1,800.00 $1,980.00 $2,178.00 $2,395.80 >5 acre $2,200.00 $2,420.00 $2,662.00 $2,928.20 FINAL PLAT APPLICATION (NON-PUBLIC) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 FINAL PLAT APPLICATION (PUBLIC NOTICE- PLUS PUBLIC NOTICE SURCHARGE) <1 acre $900.00 $990.00 $1,089.00 $1,197.90 1-5 acre $1,300.00 $1,430.00 $1,573.00 $1,730.30 >5 acre $1,700.00 $1,870.00 $2,057.00 $2,262.70 Minor Plat Application (4 lots or less) $685.00 $753.50 $828.85 $911.74 Reduced permit fees for non-taxing, non-profit ad valorem tax exempt entities Amending plat application $753.50 $828.85 $911.74 $1,002.91 Vacating plat application $753.50 $828.85 $911.74 $1,002.91 Planning Commission Application- $800.00 $880.00 $968.00 $1,064.80 Appeal or Waiver Plat time extension application $300.00 $330.00 $363.00 $399.30 Plat Revision Fee 15% of application fee after 2nd review Final plat addressing fee $100.00 $110.00 $121.00 $133.10 Master Preliminary Plat Application $500.00 $550.00 $605.00 $665.50 AGREEMENTS Water contract Application $1,947.00 $2,141.70 $2,355.87 $2,591.46 Water contract administratively $150.00 $165.00 $181.50 $199.65 Deferment Agreement .5% (half of one percent) of amount requested Reimbursement Agreement .5% (half of one percent) of amount requested Participation Agreement .5% (half of one percent) of amount requested INFRASTRUCTURE TRUST FUND LOT & ACREAGE FEES Lot fee for water infrastructure $394.90 $434.39 $477.83 $525.61 Page 7 of 14 Acreage fee for water infrastructure $1,582.90 $1,741.19 $1,915.31 $2,106.84 Lot fee for water infrastructure for $200.20 $220.22 $242.24 $266.47 single-family or duplex Acreage fee for water infrastructure $790.90 $869.99 $956.99 $1,052.69 for single-family or duplex Surcharge for water infrastructure $267.30 $294.03 $323.43 $355.78 for single-family or duplex Water distribution line front foot pro $11.58 $12.74 $14.02 $15.42 rata fee PIIC water tap fee $528.00 $580.80 $638.88 $702.77 PIIC lot fee for water infrastructure $528.00 $580.80 $638.88 $702.77 PIIC acreage fee for water $1,320.00 $1,452.00 $1,597.20 $1,756.92 infrastructure Lot fee for wastewater infrastructure $432.30 $475.33 $523.08 $575.39 Acreage fee for wastewater $1,728.10 $1,900.91 $2,091.00 $2,300.10 infrastructure Surcharge for wastewater $304.70 $335.17 $368.69 $405.56 infrastructure Collection line front foot pro rata fee $13.40 $14.74 $16.21 $17.83 Wastewater fee exemption for City $600.00 $660.00 $726.00 $798.60 Council consideration MISCELLANEOUS UNIFIED DEVELOPMENT FEES Utility availability letter $250.00 $275.00 $302.50 $332.75 Easement encroachment license $583.00 $641.30 $705.43 $775.97 Utility easement by separate $530.00 $583.00 $641.30 $705.43 instrument Closing or abandonment of $1,054.00 $1,159.40 $1,275.34 $1,402.87 easement Proportionality/Rights Determination $500.00 $550.00 $605.00 $665.50 Proportionality/Rights $1,200.00 $1,320.00 $1,452.00 $1,597.20 Determination- Appeal to City Council Change of Address (per address) $50.00 $55.00 $60.50 $66.55 Temporary Addressing Request (per $100.00 $110.00 $121.00 $133.10 address) Page 8 of 14 Building/Suite address reassignment $100.00 $110.00 $121.00 $133.10 Recording fee Actual cost Actual cost Actual cost Actual cost +$50.00 +$55.00 +$60.50 +$66.55 Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all fees under Sec. 14-1341 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 4. The Corpus Christi Code is amended by adding Section 14-1351, Public Improvement Fees, of the Corpus Christi Code as follows: Sec. 14-1351 Public Improvement Fees PUBLIC IMPROVEMENT FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 PIP- Public Improvement Plan Review <1 acre* $1,629.00 $1,791.90 $1,971.09 $2,168.19 1-5 acre* $2,046.00 $2,250.60 $2,475.66 $2,723.23 >5 acre* $3,675.00 $4,042.50 $4,446.75 $4,891.43 Site Development* $1,629.00 $1,791.90 $1,971.09 $2,168.19 Minor Reviews* (single fire hydrant $250.00 $275.00 $302.50 $332.75 or utility connection) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1351 indicated with Engineering Inspections (Engineering Services) Public Improvement without a plat $175 $478.17 $535.34 $594.84 Page 9 of 14 Public Improvement with a non- $225/acre $614.79/acre $688.30/acre $764.80/acre preliminary plat plus $25 plus $68.31 plus $76.48 plus $84.98 per lot over per lot over per lot over per lot over 24 lots 24 lots 24 lots 24 lots After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 5. Section 14-1361 , Zoning Ordinance fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 14-1361. Zoning ordinance fees. This division sets the amounts of the fees required by the zoning ordinance. ZONING FEES Year 1 Year 2 Year 3 Year 4 Fee Description 10/1/2021- 10/1/2022- 10/1/2023- 10/1/2024- 9/30/2022 9/30/2023 9/30/2024 9/30/2025 REZONING APPLICATION FEES 0.00 to 0.99 acre (plus Public Notice $1,500.00 $1,650.00 $1,815.00 $1,996.50 Surcharge) 1.00 to 9.99 acre (plus Public Notice $2,250.00 $2,475.00 $2,722.50 $2,994.75 Surcharge) 10.00 to 24.99 acre (plus Public $3,000.00 $3,300.00 $3,630.00 $3,993.00 Notice Surcharge) 25.00 acre (plus Public Notice $3,750.00 $4,125.00 $4,537.50 $4,991.25 Surcharge) plus $25.00 plus $25.00 plus $25.00 plus $25.00 per acre per acre per acre per acre over 25 over 25 over 25 over 25 acres acres acres acres Planned Unit Development $1,000.00 $1,125.00 $1,265.63 $1,300.43 application surcharge (surcharge to zoning application fee) Special use permit application fee $500.00 $550.00 $605.00 $621.64 (surcharge to zoning application fee) Page 10 of 14 HISTORIC PRESERVATION Historic Overlay Zoning Application (waived if initiated by City Council or Same as the Zoning Application fee Landmark Commission) Certificate of Appropriateness $100.00 $110.00 $121.00 $133.10 (Commercial properties only) Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certificate of Appropriateness- Post $200.00 $220.00 $242.00 $266.20 commencement work Plus Public Plus Public Plus Public Plus Public Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge Certification of Appropriateness for $500.00 $550.00 $605.00 $665.50 demolition in addition to a Demo Plus Public Plus Public Plus Public Plus Public Permit Notice Notice Notice Notice Surcharge Surcharge Surcharge Surcharge MISCALLENOUS ZONING FEES Landscape inspections $80.00 $88.00 $96.80 $106.48 Zoning verification letter $150.00 $165.00 $181.50 $199.65 Request to table zoning case $100.00 $110.00 $121.00 $133.10 Zoning sign, each $15.00 $16.50 $18.15 $19.97 Written Interpretation (UDC) $500.00 $550.00 $605.00 $665.50 Certification of UDC Compliance $150.00 $165.00 $181.50 $199.65 Non-conforming use determination $500.00 $550.00 $605.00 $665.50 Temporary use permit $150.00 $165.00 $181.50 $199.65 Board of Adjustment Application fee, Special use exemption, administrative appeal, or variance; including fence exception application. $1,120.00 $1,232.00 $1,355.20 $1,490.72 (plus public notice surcharge, if applicable) Public Notice Surcharge (waived if initiated by City Council or $250.00 Landmark Commission) DSD Administration Surcharge 4.5% on all permits and fees under Sec. 14-1361 Page 11 of 14 After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 6. Section 10-30, Application Fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 10-30. - Application fees. (a) The application fee for a dune protection permit for Kleberg County is $1 ,060.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (b) After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. SECTION 7. Section 10-38, Application Fees, of the Corpus Christi Code is affirmed as delineated below: Sec. 10-38. - Application fees. (a) The application fees for a beachfront construction certificate are as follows: (1) Small-scale construction project: $350.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (2) Large-scale construction project, including any oil and gas exploration, production, and pipeline: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. (3) Master planned development project: $ 750.00 plus a Public Surcharge Notice ($250.00), if applicable. 4.5% surcharge will be applied in addition to the application fee. After Fiscal Year 24-25, all fees in this section shall be indexed to the August Construction Index published in the Engineering News-Record and adjusted on October 1 of each fiscal year. (b) The application fees must be paid before an application is accepted for review. Page 12 of 14 SECTION 8. If for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it may not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision of this Ordinance be given full force and effect for its purpose. SECTION 9. This Ordinance shall become effective October 1, 2022. Page 13 of 14 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 14 of 14 City of Corpus Christi FY 2022-2023 Fee Changes Supplemental Information Current Proposed Revenue Fee Description Fee Fee ^/o changed ^/o changed 4 Development Services Collected by: Development Services Plan Review Fees Residential: New construction,additions, and remodels $0.11 per square foot $0.121 per square foot SO% SO Commercial: New construction,additions, 40%of the building permit fee 40%of the building permit fee No Change N/A and remodels Multiple resubmittal plan review fee 15%of the plan review fee for the fourth 15%of original plan review fee for fourth review No Change N/A (Residential and Commercial) submittal submittal Expedited plan review 150%of the plan review fee 150%of the plan review fee No Change N/A (Residential and Commercial) Customized plan review 150%of the plan review fee plus$150 per hour 150%of the plan review fee plus$150 per hour No Change N/A (Residential and Commercial) (Two Hour Minimum) (Two Hour Minimum) Minor Addendums (Residential and Commercial) $100.00 $110.00 10% 10 Major Addendums Repayment of plan review fee Repayment of plan review fee No Change N/A (Residential and Commercial) Building Permit Fees Residential: New construction,additions,and remodels $0.347 per square foot $0.381 per square foot (Excludes mechanical,electrical,and 10 10 polumbing) ($110 minimum) ($121 minimum) General repair $110.00 $121.00 10 10 $0.050 per square foot $0.054 per square foot Roofing and siding 10 10 ($110 minimum) ($121 minimum) Commercial: New construction,additions,and remodels $00.000 to$05.000 million valuation .70%of valuation .70%of valuation No Change N/A (Includes mechanical,electrical,and plumbing) New construction,additions,and remodels $05.001 to$10.000 million valuation .65%of valuation .65%of valuation No Change N/A (Includes mechanical,electrical,and plumbing) New construction,additions,and remodels $10.001 to$20.000 million valuation .60%of valuation .60%of valuation No Change N/A (Includes mechanical,electrical,and plumbing) New construction,additions,and remodels $20.001 and greater in valuation .58%of valuation .58%of valuation No Change N/A (Includes mechanical,electrical,and plumbing) Construction Site Offices $88.00 $96.80 10% 10% Signs: New sign $118.80 $130.68 10 10 Building permit for new sign with electrical $88.00 $96.80 10 10 Trade Permit Fees Electrical Permits: $0.055 per square foot $0.061 per square foot Residential 10% 10% ($110 minimum) ($121 minimum) Commercial The greater of$110.00 or.25%of total project The greater of$121.00 or.25%of total project 10 to minimum 10%to minimum valuation valuation Plumbing Permits: $0.055 per square foot $0.061 per square foot Residential 10% 10% ($110 minimum) ($121 minimum) Commercial The greater of$110.00 or.25%of total project The greater of$121.00 or.25%of total project 10 to minimum 10%to minimum valuation valuation Mechanical Permits: $0.055 per square foot $0.061 per square foot Residential 10% 10% ($110 minimum) ($121 minimum) Commercial The greater of$110.00 or.25%of total project The greater of$121.00 or.25%of total project 10 to minimum 10%to minimum valuation valuation Demolition Permit Fees Residential $200.00 $220.00 10% 10% Commercial $400.00 $440.00 10% 10% Certificates of Occupancy Fees Change of use for existing building or $331.10 $364.21 10% 10% structure Name change $100.00 $110.00 10% 10% Temporary-Residential $100.00 $110.00 10% 10% (Assessed every 30 calendar days) Temporary-Commercial:Under$5 million valuation $250.00 $275.00 10% 10% (Assessed every 30 calendar days) Temporary-Commercial:Over$5 million valuation $500.00 $550.00 10% 10% (Assessed every 30 calendar days) After hours request $100.00 plus original fee $110.00 plus original fee 100% New Move Structure and Oversize Load Permit Fees Move structure $132.00 $145.20 10-/. 10 Traffic engineering route sheet $67.10 $73.81 10-/. 10 Mobile home/HUD code manufactured home $117.15 $128.87 10% 10% installation permit Backflow Prevention Fees $20.00 $20.00 Backflow prevention device test filing No Change N/A ($100 Minimum) ($100 Minimum) Miscellaneous Permit Fees Development Services:$75 pertrade hour Development Services:$75 pertrade hour (2 hour min) (2 hour min) Early assistance meetings No Change N/A Traffic Engineering:$100 per hour Traffic Engineering:$100 per hour Stormwater:$100 per hour Stormwater:$100 per hour Floodplain Management:$50 per hour Floodplain Management:$50 per hour Permit extensions Greater of$80 or 33.75%of permit fee Greater of$80 or 33.75%of permit fee No Change N/A Greater of$80 or 33.75%of permit fee Greater of$80 or 33.75%of permit fee Renewal of expired permits plus plus No Change N/A permit extension fee permit extension fee Permit research fee $16.50 $18.15 10% 10% (Assessed per hour) Request for refund on canceled permit (Assessed if no work or inspections are $125.00 $137.50 10% 10% completed) After hours inspections $240.00 $264.00 10% 10% Temporary event permit $150.00 $168.75 10% 10% Cost for scheduling/providing results by City Staff $10.00 $11.00 10% 10% (Assessed per service if provided on free Development Services Portal) Request for interpretation,technical rulings, modifications of code,concurrence for use of alternative material/method,and appeal $500.00 $550.00 10% 10% from decision of Building Official to Technical Construction Appeal and Advisory Board Penalty Fees Work commenced without permit 2X the permit fee plus investigative fee 2X the permit fee plus investigative fee No Change N/A Investigative fee $495.00 $544.50 10% 10% Reinspection fee (Assessed per inspection after second $88.00 $96.80 10% 10% inspection) License and Registration Fees House mover $146.30 $160.93 10% 10% Mechanical Contractor $148.50 $163.35 10% 10% Lawn Irrigator $148.50 $163.35 10% 10% Backflow prevention assemblytester $148.50 $163.35 10% 10% Billboard Inspection Fees ,100 sq.ft.in area $14.30 plus$0.055 per sq ft. $15.73 plus$0.061 per sq ft. 10% 10% 101-300 sq.ft.in area $30.80 plus$0.055 per sq ft. $33.88 plus$0.061 per sq ft. 10% 10% >300 sq.ft.in area $44.00 plus$0.055 per sq ft. $48.40 plus$0.061 per sq ft. 10% 10% Excavation and Fill Permit Fees Excavation permit application $275.00 $302.50 10% 10% Monthly assessment for excavation permit $55.00 $60.50 10% 10% Processing for appeal of denial of excavation $110.00 $121.00 10% 10% permit to Planning Commission Processing for appeal of denial of excavation $110.00 $121.00 10% 10% permit to City Council Fill permit application $275.00 $302.50 10% 10% Platting Application Fees Preliminary Plat: Less than 1 acre $1,400.00 $1,540.00 10% 10% Between 1 and 5 acres $1,800.00 $1,980.00 10% 10% Greater than 5 acres $2,200.00 $2,420.00 10% 10% Final Plat(Non-Public): Less than 1 acre $900.00 $990.00 10% 10% Between 1 and 5 acres $1,300.00 $1,430.00 10% 10% Greater than 5 acres $1,700.00 $1,870.00 10% 10% Final Plat(Public): Less than 1 acre $900.00 $990.00 10% 10% Between 1 and 5 acres $1,300.00 $1,430.00 10% 10% Greater than 5 acres $1,700.00 $1,870.00 10% 10% Minor Plat(4 Lots or less) Reduced permit fees for non-taxing,non- $685.00 $753.50 10% 10% profit ad valorem tax exempt entities Amending plat $753.50 $828.85 10% 10% Vacating plat $753.50 $828.85 10% 10% Planning Commission-Appeal or Waiver $800.00 $880.00 10% 10% Plat time extension $300.00 $330.00 10% 10% Plat revision 15%of application fee after second review 15%of application fee after second review No Change N/A Final plat addessing $100.00 $110.00 10% 10% Master preliminary plat application $500.00 $550.00 10% 10% Public Improvement Agreement Application Fees Water contract $1,947.00 $2,141.70 10% 10% Water contract-administrative $150.00 $165.00 10% 10% Deferment agreement .5%of amount requested in application .5%of amount requested in application 10% 10% Reimbursement agreement .5%of amount requested in application .5%of amount requested in application 10-/. 10 Participation agreement .5%of amount requested in application .5%of amount requested in application 10-/. 10 Infrastructure Trust Funds: Lot and Acreage Fees Water Infrastructure: Lot fee $394.90 $434.39 10% 10% Acreage fee $1,582.90 $1,741.19 10% 10% Lot fee(Single family or duplex) $200.20 $220.22 10% 10% Acreage fee(Single family or duplex) $790.90 $869.99 10% 10% Surcharge(Single family or duplex) $267.30 $294.03 10% 10% Distribution line front foot pro rata $11.58 $12.74 10% 10% PIIC tap $528.00 $580.80 10% 10% PIIC lot fee $528.00 $580.80 10% 10% PIIC acreage fee $1,320.00 $1,452.00 10% 10% Wastewater Infrastructure: Lot fee $432.30 $475.33 10% 10% Acreage fee $1,728.10 $1,900.91 10% 10% Surcharge $304.70 $335.17 10% 10% Collection line front foot pro rata $13.40 $14.74 10% 10% Exemption for City Council consideration $600.00 $660.00 10% 10% Miscellaneous Unified Development Fees Utility availability letter $250.00 $275.00 10% 10% Easement encroachment license $583.00 $641.30 10% 10% Utility easement by separate instrument $530.00 $583.00 10% 10% Closing/abandoning easement $1,054.00 $1,159.40 10% 10% Proportionality/Rights determination $500.00 $550.00 10% 10% Proportionality/Rights determination-Appeal $1,200.00 $1,320.00 10% 10% to City Council Change of address $50.00 $55.00 10% 10% Temporary addressing request $100.00 $110.00 10% 10% Building/Suite address reassignment $100.00 $110.00 10% 10% Recording fee Actual cost plus$50 Actual cost plus$55 10% 10% Public Notice Surcharge $250.00 $250.00 No Change N/A Public Improvement Plan Review Fees Less than 1 acre $1,629.00 $1,791.90 10% 10% Between 1 and 5 acres $2,046.00 $2,250.60 10% 10% Greater than 5 acres $3,675.00 $4,042.50 10% 10% Site development $1,629.00 $1,791.90 10% 10% Minor reviews(Single fire hydrant or single $250.00 $275.00 10% 10% utility connection) Zoning Application Fees Rezoning: 0.00 to 0.99 acre $1,500.00 $1,650.00 10% 10% 1.00 to 9.99 acre $2,250.00 $2,475.00 10% 10% 10.00 to 24.99 acre $3,000.00 $3,300.00 10% 10% Greater than 25.00 acre $3,750.00 plus$25.00 per acre over 25 acres $4,125.00 plus$25.00 per acre over 25 acres 10% 10% Planned unit development surcharge $1,000.00 $1,125.00 10% 10% Special use surcharge $500.00 $550.00 10% 10% Historic Preservation: Historic overlay zoning Equal to zoning application fee Equal to zoning application fee No Change N/A Certificate of Appropriateness $100.00 plus public notice surcharge $110.00 plus public notice surcharge SO% SO% Certificate of Appropriateness-Post $200.00 plus public notice surcharge $220.00 plus public notice surcharge 10./. SO commencement of work Certificate of Appropriateness-Demolition $500.00 plus public notice surcharge $550.00 plus public notice surcharge SO% SO% Miscellaneous Zoning Fees Landscape inspection $80.00 $88.00 10% 10% Zoning verification letter $150.00 $165.00 10% 10% Request to table zoning case $100.00 $110.00 10% 10% Zoning sign(Each) $15.00 $16.50 10% 10% Written interpretation(UDC) $500.00 $550.00 10% 10% Certification of UDC Compliance $150.00 $165.00 10% 10% Non-conforming use determination $500.00 $550.00 10% 10% Temporary use permit $150.00 $165.00 10% 10% Board of adjustment application,special use exemption,administrative appeal,or $1,120.00 $1,232.00 10% 10% variance Development Services Administrative Surcharge Administrative Surcharge 4.50% 4.50% No Change N/A (Assessed on all Development Services Fees) Development Services Fee Schedule Reaffirm Ordinance 032546 and adjust fees accordingly City Council August 30, 2022 Background • In 2018, Development Services conducted a fee study • Fees were found to be 40%below cost recovery models • Development Services held extensive input sessions with development community leading into FY2022 budget • Input sessions resulted in a four-year incremental plan to bring fees up to cost recovery models • Ordinance 032546 was adopted during FY2022 budget • Year 1: Included new fees, removed other fees,and increased existing fees by 10% • Years 2—4: All fees will increase by 10% • Years 5 and future: All fees will be adjusted based on CCI Purpose • Reaffirm Ordinance 032546 • Implement year 2 of the plan approved by Ordinance 032546 • Increase all fees 10% Example: Plan Review Fees Year 1 Year 2 Year 3 Year 4 Fee Description 10.01.2021 10.01.2022 10.01.2023 10.01.2024 09.30.2022 09.30.2023 09.30.2024 09.30.2025 Residential: New construction, $0.110 per square $0.121 per square $0.133 per square $0.146 per square additions,and foot foot foot foot remodels Questions? so �o o� A v µoRPORPg4 AGENDA MEMORANDUM 1852 Action Item for City Council Meeting August 30, 2022 DATE: August 23, 2022 TO: Peter Zanoni, City Manager FROM: Robert Dodd, Director of Parks and Recreation Robertd4Ca)-cctexas.com (361) 826-3133 Approval of Fiscal Year 22-23 Parks & Recreation Marina Fee Schedule CAPTION: Ordinance amending the City Code of Ordinances, Chapter 12, Section 12-83, regarding the Marina fee schedule as of October 1 , 2022. SUMMARY: Per City Ordinance, the Parks and Recreation Department Director must submit the Fee Schedule for fiscal year 2022-23 for review and approval by the City Council annually. BACKGROUND AND FINDINGS: The proposed FY22-23 Marina Fee Schedule, attachment A, includes fee changes to slip rentals, live-aboard fees, transient slip rentals, resale of electricity, boater special services, miscellaneous service charges, boater haul out services, and work area fees. The current Marina fees have not been adjusted since 2017. Changes in the local market, inflation, and the increased cost of materials necessitates the need for a fee increase. Staff has conducted a review of other marinas on the Gulf Coast and determined that Corpus Christi Marina fees were much lower than others in the local market. ALTERNATIVES: Do not approve the FY 22-23 Fee Schedule as is. FISCAL IMPACT: In Fund 4700 - Marina Fund, based on the increased fees, the annual fiscal impact for FY23 is an estimated amount of$2.4M dollars, up from $2.2M in FY22. This is an increase in revenue of$200,000. Funding Detail: Fund: 4700 - Marina Organization/Activity: 35300 Mission Element: 888 Revenue Project # (CIP Only): n/a Account: Various RECOMMENDATION: The staff recommends approval of the ordinance amending Corpus Christi Code regarding Parks & Recreation Department Marina Fee Schedule for FY22-23. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A— FY 22-23 Parks and Recreation — Marina Fee Schedule Exhibit B — 2022 Marina Rates, CC Marina Historical Overview, CC Marina Debt Schedule Ordinance amending the City Code of Ordinances, Chapter 12, Section 12-83, regarding the Marina fee schedule as of October 1, 2022. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. The City of Corpus Christi Code of Ordinances Chapter 12 is amended as follows to amend Section 12-83 regarding the Marina fee schedule effective October 1, 2022 by adding the underlined language and removing the str„nL threugh IaRguag4a. 12-83. Marina fee schedule. The Marina fee schedule is approved as follows effective QGtebeF 1, 2021 October 1, 2022: Parks and Recreation Department-Marina FY 2-13 FEE SCHEDULE N DESCRIPTION Previous FY 21-22 PFopesed FV 21 -2 Updated FY22-23 e W Section 1.MONTHLY SLIP RENTALS Pleasure Craft Floating Slip Rates LIL Month 27 F s 7p 150.00 5.50 t 479189.00 57/ft 30ft slip 238.00 7.93 ftX38270.00 $9/ft 494-94 $292.99 3 35ft slip NA NA 315.00 $9/ft X 40ft slip 308.00 7.70 ft 888360.00 $9/ft 45ft slip 343.00 7.62 ft 843405.00 59/ft 50 i slip $378.00 7.56 ft 78450.00 9 t 55ft slip 413.00 7.51 ft 413495.00 $9/ft 60ft slip $448.00 7.46 ft 448540.00 $9/ft 70ft slip 518.00 7.40 ft 848630.00 59/ft 75ft slip $553.00 7.37 ft `'675.00 9 t 80ft slip $518.00 6.45 ft 888720.00 59/ft 105ft slip 735.007 ft X5945.00 $9/ft Pleasure Craft Fixed Dock Slip Rates 16 Month Lease) 40ft slip $280.00 6.50 ft -258320.00 8 ft 45ft slip NA NA 360.00 8 ft 55ft slip 385.00 7 ft 885449.00 $8/ft 60ft slip 420.00 7 t 429480.00 8 t ca--oorr-Jnp 30ft slip L Doc Boat lifts on FNAtNA 255.00 8.50 t40 t s L Doc Boat is on 340.00 MEET X Utility Recovery/Maintenance Fee(includes 200kwh of Electricity <=20 tt 151.8.00 1 154rg�14.00 20.1-30ft $26.00 21.00 30.1-40ft 37.00 79 25.00 40.1-55ft 51.00 32.00 55.1--760ft 69.00 38.00 60.1-70ft NA 46.00 70.1-4980ft $90.00 $9053.00 80.1-100 NA $75.00 =>100 125.00 80.00 Commercial Rates 10.50 or length o dockwhichever is greater- NA NA 320.00 10.50 30 minlengtn ot boat 40ft sip NA NA $420.00 10.50 ft 45ft sip $410.00 9.11 ft 472.00 10.50 ft 50ft slip 455.00 9.11 ft 525.00 10.50 ft 55ft slip 500.00 9.09 ft 577• 10.50 ft 50 60 sip 545.00 9.08 630.00 10.50 ft 65 sip 590.00 9.08 682• 10.50 ft 50 Utility Recovery Fee <=3049 53.75 30.00 30.1-40ft NA 45.00 40.1-60 85.00 55.00 60.1-75ft 90.00 80.00 75.1-99 126.00 100.00 =>100 131.00 120.00 c....r:....o nnn nirui v r_cno onv ocnirn� DAF^I qmall -q Section 32.LIVE ABOARD FEE Fee Up to two occupants 100.00 per month 100.00 per month Per additional occupant 34.00 per month 345.00 per month Section 43.MONTHLY DRY STORAGE Minimum 6 month ease-maximum 14feet) Storage Fees Pp.ctael(Tee Beeth Dry Hard Stand Storage-up to 30ft 120.00 4 ft140.004.66 ft Section 54.RATES FOR TRANSIENT CRAFT Advance payment required Must Depart by 3:00 PM Rates Commercial Craft 37.50 a night up to 30ft;$1.25 addtl LF 39.00 a night up to 30ft; 1. 30 addtl LF Pleasure Craft Dai V 34.50 a night up to 30 1.15 addtl LF 36.00 a night up to 30 1.320 a t LF 120 Days or Less Weekly 174.00 a week up to 30 5.80 addtl LF195.00 a week up to 30 &596.50 addtl LF Monthly 375.00 a month up to 30ft;$12.50 addtl LF 360.00 a month up to 30ft;$12.5000 addtl LF Trailer Dry Boat Qve-R�Daily 9.55 10_00 Storage Weekly 60_00 Monthly 162.00175.00 Section 65.UTII ITV W-GQ/COV«`TRANSIENT ELECTRICITY FEE Fees Qvemig4 $&490 B9 Amity 30 AMP P TT9P PPF n�r....N 4 MiRimi-Fn MonthIV/Week]V transients 0.14 per KWH 0.14 per KWH will e char ed for use of electricitV per meter. Section-76.OTHER FEES Other Fees Unauthorized Craft 70.00 per night 70.00 per night Impound T135.00 per permit Ti35.00 per permit Marina Area Renta 0.01 per SF Day 0.01 per SF Day Slip Waiting List(Non-Refundable) T5.00 75.00 Boat Lines 5/8 inch Ti.75 perfoot Ti.75 perfoot Boat Lines 1/2 inch 1.50 per foot $1.50 per foot Cleat Installation 28.00 cleat 30.00 cleat Cleat Installation 60.00 bolts 2 15.00 bolts 2 Cleat Installation T60.00 labor 75.00 77-7 Section 97.SERVICES Minimum One Hour Emergency Services Material Cost Plus 20%Surcharge Pump Out Equipment with Equipment Operator $120.00 per our $120.00 per our minimum 1 hour charge) Other Services Materials Cost Plus 20%Surcharge 000 perourLa or Fee,On Lan 6075.00 per our Marina Vessel tenants only inside breakwater 150.00 per hour175.00 per hour Section.98.CONTRACTORS ADMINISTRATIVE FEE Insurance Permit Required Fees Annual Fee(10/01-09/30) 230.00 939100.00 Q;Rt. .�,� 904per job Master Key Deposit Refundable 150.00 3975.00 Key Replacement NA $25.00 Section 499.BOAT HAUL OUT FACILITY Note:Travel Lie Limited to 14.5 beam-Max 25 Ton Capacity) Requires Haul Out Authorization Form on file with up-to- date registration Fees Haul Out Splash One Hour,LOA up to 35ft 175.00 3200.00 Hau Out Spas One Hour,LOA up to 35.1ft an 200.00 999230.00 R Eac Additional Hours 60.00 per our9975.00 per our Addtl hour accounts for addlt blocks due to keel size Haul and Hold Survey min 2 Hours,LOA up to 35 ft235.00X35260.00 Haul and Hold Survey min 2 Hours,LOA up to 35.1 260.00 2b9285.00 ft and over Each Additional Hours) NA $75.00 Etr hour On/Off Trailer(max 2 hours) NA $9.00 er ft Section 130.HAUL OUT WORK AREA FEES Requires Haul Out Authorization Form on file with up-to- date registration Fees Tenant Vessel- 01-10days) 5.80 per ay &887.00 per ay Tenant Vessel- 11-30 days 17.35 per day 3;3518_00 per day Note:Rate increases per ay upon eachthirty 30 10.00 per ay 1er 0.00 pay da increment. Non-Tenant Vessel- 0-30days) 17.35 per ay 33518_00 per ay Note:Rate increases per day upon each thirty 30 10.00 per day 10.00 per day day a increment. Section 131.MONTHLY AREA FEES Limited to service period for boats Fees Mast Storage 0-30 days 12.00 per day 12.00 per day Note:Rate increases per ay upon eachthirty 30 10.00 per ay 10.00 per ay day a increment. Section 132.REGATTA SPECIAL EVENT RATES Requires Special Event Permit with advanced notice in writing rom sponsoring acht club City Marina mustFe-advertised as event sponsor as per Special Event Permit regardless of LOA In-Water 3-15 Vessels $20.00 per night/per vessel 20.00 per night/per vessel Plus Trailer Storage Fees&Applicable Utility Recove Fees Overages 16+Vessels Five Day Event Term 18.75 per night/per vessel 18.75 per night/per vessel Plus trailer storage fees. Inclusive of applicable utility recovery fee. Plus charges for electrical use exceeding the included utility recovery fee. On-Land Per Tagged Vessel Trailer 7.50 Trailer and/or Vessel Event 7.50 Trailer and/or Vessel Event Established by Marina Storage Area 0.01 per SF7-Da y 0.01 per SF Day Section 143.USER PERMIT FEE Insurance Permit Required Fees Shrimper Permit 200.00 annual fee 200.00 annual fee Section 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word , or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. Section 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Parks and Recreation Department FY 23 FEE SCHEDULE N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code Section I.ATHLETICS A.Athletic Leagues: Mini Sport Leagues(Ages 3-5) Mini Nibblers,Mini Soder,Bl-ball $ 50.00 perchild $ 50.00 perchild 1020310300 Youth Sport Leagues(Ages 6-17) Basketball,Indoor Soccer $ 80.00 perchild $ 80.00 perchild 1020310300 Early Bird Regm-tion $ 65.00 perchild $ 65.00 perchild 1020 O300 Scholarship Fee $ 40.00 1perchild $ 40.00 perchild 1020 O300 High Sh,,l Sorts Lea.es(Ag,,14-18 Volleyball $ 250.00 perteam $ 250.00 perteam 1020310300 Basketball,Indoor Soccer $ 350.00 perteam $ 350.00 perteam 1020.310300 Baseball $ 550.00 perteam $ 550.00 perteam 1020310300 Adult Sports Leagues(Ages 18+) Individual Sport Play $ 5.00 per person $ 5.00 per person 1020310300 Team Leagues $ 550.00 perteam $ 550.00 perteam 1020310300 (Sl-pitch Softball,Basketball,Flag Football,Indoor Soccer) Voile ball $ 150.00 Per team $ 150.00 erteam 1020310300 L-F- L-Fee Individual Regk-tion $ 25.00 per in dividual $ 25.00 perin dividual 1020310300 L-Fee Team Regk ti.. $ 50.00 perteam $ 50.00 perteam 1020310300 B.Tournament Events Single/Double Elimination Youth Sport $ 125.00 perteam $ 125.00 1 perteam 1020310300 Ad,It Sports $ 150.00 1perteam $ 150.00 perteam 1020310300 Round Robin(Three Game G.mntee) Youth Sport $ 150.00 perteam $ 150.00 perteam 1020310300 Adult Sports $ 200.00 perteam $ 200.00 perteam 1020310300 C.Athl,ti,F-ilityRentals Athletics Gymnasiums Rental fee per gym $ 45.00 per hour $ 45.00 1 per hour 1020310400 Security Deposit per gym $ 50.00 1 per gym/per day $ 50.00 per gym/per day 1020.310400 Athletics Outdoor Sports'Fields Rental Tee per field $ 45.00 per hour $ 45.00 per hour 1020310400 Tournament Rental Tee per field $ 250.00 Fu II Day(12hrs) $ 250.00 F.11 Day(12hrs) 1020310400 Lights $ 20.00 pe,hour $ 20.00 pe,hour 1020 310400 Security Deposit perfield $ 50.00 per field,per day $ 50.00 per field,per day 1020310400 D.Youth Sports Camps(Instructor/City portions) Youth Sport Camps $ 70.00 11perchild $ 70.00 perchild 1020310410 Youth Sport&Splash Camp $ 100.00 perchild $ 100.00 perchild 1020310410 L-Regm-tion Fee $ 25.00 perchild $ 25.00 perchild 1020310410 Section 2.AQUATICS A.Rentals Deposit(refundable clean.p deposit) $ 300.00 $ 300.00 1020310000 Additional Ho.r $ 75.00 $ 75.00 1020310000 Splash Parties-2 ho- 1- ours1-50(n.mberof persons) $ 350.00 $ 350.00 1020310000 additional 1-50 people $ 60.00 $ 60.00 1020310000 during 6enemlSwim(.pto 25 people) $ 175.00 $ 175.00 1020310000 1 N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code Swimming Pool Reservation Agreement Fees(swim teams/instmction) L-renal 1020.310000 25 yard/meters per lane per hour $ 7.00 $ 7.00 1020.310000 50 meters per lane per pool $ 15.00 $ 15.00 1020310000 Special Os.eFee Entire Pool Per Hour $ 100.00 $ 100.00 1020-310000 Twining Room $ 50.00 $ 50.00 1020310000 F.cilityset up $ 100.00 per event $ 100.00 --t 1020310000 Lifeguards $ 25.00 1per staff $ 25.00 1 per staff 1020.310000 Timing System One day $ 450.00 per rerrtal $ 450.00 per re mal 1020310000 Two Days $ 650.00 per rerrtal $ 650.00 per renal 1020310000 Three Days $ 850.00 per rerrtal $ 850.00 per renal 1020310000 B.Instruction Group Swim Lessons $ 50.00 per session per child $ 50.00 per session per ch ild 1020310150 Private Swim Lessons $ 100.00 per session per child $ 100.00 per session per ch ild 1020.310150 Scholarship fee $ 50.00 1pe,session per child $ 50.00 per session per ch ild 1020310150 CPR/First Aid/AED C-ificatio.Class $ 65.00 per person $ 65.00 per person 1020310150 Life..rd or lnstmctor C,aificztion Class $ 200.00 pmo. 200.00 pmo. 1020310150 M-C-idi-io.Co.- $ 50.00 per person $ 50.00 per person 1020310150 Ad.It Water Aerobics $ per person $ 35.00 per person 1020310150 Section 3.Community Centers A.Rentals Depositforall Facilities $ 150.00 Per Ramal-Refundable $ 150.00 Per Remzl-Refundable 1020202967 Additional Hour R.tefor.11 Facilities $ 75.00 Per Hour $ 75.00 Per Hour 1020310600 Non-Profit Org.na.it- $ 75.00 Per Hour $ 75.00 Per Hour 1020310600 Einer enc Services $ 150.00 12hours $ 150.00 2hours 1020310600 Smell Rental $ 325.00 4hour $ 325.00 4hour 1020310600 Garden Senior Cerner Meeting Room Linda Ie Senior Center Meeting Room Oak Park Recreation Center Medium Rental $ 375.00 4hour $ 375.00 4hour 1020310600 Broadmoor Social HaII Ethel Eyerly Medium Social HaII Garden Social Hall toe Garza Recreation Social HaII Li.c.le Recreation Center Northwest Social Hall Large Rental $ 425.00 4hour $ 425.00 4hour 1020310600 Ethel Eyedy L.reSoci.I Hall Greenwood SC Social HaII Linda le Senior Center Social H.11 Oso Recreation C-- 0-1 eerOve.I Willi.ms SC Socia 111.11 B.Leagues Micro Soccer $ 65.00 perchild $ 65.00 perchild 1020310610 M icro Soccer with Late fee $ 85.00 perchild $ 85.00 perchild 1020310610 C.Special Events Spring Break Camps $ 30.00 perchild $ 30.00 perchild 1020310610 D.Class Instruction: Spemlist/CRy-65/35%split 1020310610 E. SPARK Program Summer Recreation Progwm $ 25.00 perchild/week $ 25.00 perchild/week 1020311250 Scholarship $ 10.00 perchild/week $ 10.00 perchild/week 1020311250 Late pick u p(per 15 m inures) $ 5.00 perfa m ily $ 5.00 perfamily 1020.311250 Dailydropi.(when a v.ikable) $ 10.00 perchild $ 10.00 perchild '0203,1250 2 N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code Section 4.LATCHKEY(AFTER HOUR KID POWER) Floor Bluff ISD&C.I.H.n ISD A.School Year(from end of school day to 6:00 p.m.) Monthly fee,1st ch ild 5 99.00 month ly per ch ild 5 99.00 monthly perchild 1020310800 Monthlyfee,each additional child 5 84.00 monthly per child 5 84.00 monthly perchild 1020310800 P,oated months-1st child 5 87.00 monthl ,child 5 87.00 monthl rch ild 1020310800 P,oated months-additi on.l child 5 77.00 monthlype,child 5 77.00 monthlype,child 1020310800 Regirtation involving l0 school days orless $ 50.00 perchild $ 50.00 perchild 1020 o8o0 Schol.rsh ip fee 5 60.00 month ly per ch ild 5 60.00 month ly per ch ild 1020310800 D.ily drop in fee $ 15.00 perchild $ 15.00 perchild 1020 o8o0 L-child pick-up $ 10.00 per 15 minutes pe,f.mily $ 10.00 per 15 m inures pe,f.mily 1020310800 L-payment fee $ 20.00 pe,f.mily aft-he 1st $ 20.00 pe,f.mily aft-he 1st 1020310800 $ 5.00 per d.y aft-he 2nd $ 5.00 pe,d.y after the 2nd 1020310800 B.Sommer Latchkey(After Hoo.Kid Power)Program Weekly fee $ 89.00 weekly per child $ 89.00 wee kly per ch ild 1020310800 Scholarship 5 60.00 weekly per child 5 60.00 wee kly per ch ild 1020310800 L-p.ymentfee(.fte,1st business d.y ofw"k) $ 20.00 perfa m ily $ 20.00 pe,f.mily 1020310800 D.i ly drop in fee $ 20.00 d.i ly per ch ild $ 20.00 d.i ly per ch i ld 1020 310800 Vacation Station $ 20.00 Id.ily perchild $ 20.00 Id.ily per child 1020 310800 Vacation Station S6.1-hip 5 15.00 Id.ily perchild 5 15.00 daily per child 1020310800 Corpus Christi ISD C.School Yea.(from end of school day to 6:00 p.m.) Monthly fee,1st child 5 109.00 monthly per child 5 109.00 monthly perchild 1020310800 Monthly fee,-h additional child 5 94.00 monthly per child 5 94.00 monthly perchild 1020 310800 P,oated months-1st ch ild 5 97.00 month ly per ch ild 5 97.00 month ly per ch ild 1020310800 P,oated months-additi on.l ch ild 5 87.00 month ly per ch ild 5 87.00 month ly per ch ild 1020 310800 Regm-tion involving 10 school days orless $ 60.00 perchild $ 60.00 perchild 1020310800 Schol.rsh ip fee 5 70.00 month ly per ch ild 5 70.00 momh ly per ch ild 1020310800 D.i ly d,o p in fee 5 25.00 ,child 5 25.00 ,child 1020310800 L-child pick-up $ 10.00 per 15 minutes per family $ 10.00 per 15 m inures per family 1020310800 L-payment fee $ 20.00 pe,fa. ily $ 20.00 pe,f.mily 1020310800 $ 5.00 per d.y aft-he 2nd $ 5.00 per d.y after the 2nd 1020.310800 D.Somme.Latchkey(After Hoo.Kid Powe.)Program Weekly fee $ 99.00 weekly per child $ 99.00 wee kly per ch ild 1020 310800 Scholarship 5 70.00 weekly per child 5 70.00 wee kly per ch ild 1020310800 L-p.ymentfee(.fte,1st business d.y of wee k) $ 20.00 perfa m ily $ 20.00 pe,f.mily 1020310800 D.i ly drop in fee $ 30.00 d.i ly per ch ild $ 30.00 d.i ly per ch i ld 1020 310800 Vacation Station $ 30.00 daily perchild $ 30.00 daily per child 1020310800 Vacation Station S6.1-hip 5 25.00 Id.ily perchild 5 25.00 daily per child 102031oaoo Section S.OSO BAY WETLANDS PRESERVE A.Youth Programs Youth C.m ps 5 D.y Su mme,,4 D.y Winter $ 99.00n $ 99.00 n1020306580 School Field Trips(1-25people) $ 75.00 per g,..pof25 $ 75.00 pe,g-pof25 1020306580 Homeschool Days $ 5.00 per person $ 5.00 per person 1020306580 Growing up Wild $ 7.00 per person $ 7.00 1 per person 1020306580 Scout P,ogams $ 10.00 per person $ 10.00 per person 1020306580 Birthday Parties $ 190.00 pe,g,oup $ 190.00 per group 1020306580 Youth Wetlands Workshops $ 8.00 per person $ 8.00 per person 1020306580 B.Adult Programs Yo.classes $ 10.00 on/e,class $ 10.00 on/e,class 1020306580 Sk R.-(E.,ly Bi,d) $ 20.00 per person $ 20.00 per person 1020306580 Sk R.-(Mgul.,Regm-tion) $ 25.00 per person $ 25.00 per person 1020.306580 1-mile R.- $ 12.00 per person $ 12.00 per person 1020306580 Adult Wetlands Workshops $ 8.00 per person $ 20.00 per person 1020306580 Section 6.PARK AND FACILITY RENTALS A.Amphitheater,Pavilions,end Wate.ga.den Amphitheater-F.,profit ate $ 425.00 4hours $ 425.00 4hours 1020 12010 Amphitheater-Non-profit ate $ 270.00 4hours $ 270.00 4hours 1020.312010 W.te,g.,den $ 220.00 4hours $ 220.00 4hours 4710.312000 Parker Pavilion $ 105.00 per rental $ 105.00 per rental 1020312010 Salinas Pavilion Rental $ 120.00 pe,4 hours $ 120.00 pe,4 hours 1020312010 3 N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code West Guth Pavilion $ 160.00 per rental $ 160.00 per rental 102012010 Addition.)h.-(Amphfthe.ter,W.terg.rden) $ 55.00 per hour $ 55.00 per hour 1020312010 Bayfront Park($1,000 deposit) $2,500.00 4 h.- $2,500.00 4 h.- 471012000 Each addition.l hour $ 250.00 per hour $ 250.00 per hour 471012000 B.Cultural Services Room Rentals Gahan Hose-First Floor $ 425.00 4hours $ 425.00 4hours 471011500 Addition.I Hours for Renta l $ 105.00 per hour $ 105.00 per hour 471011500 Full package: (Firstfloor,Courtyard,Rose Garden Pkat.&Kitchen) $1,500.00 11/8 hrs $1,500.00/8 hrs 471011500 Partial package: (Courtyard,Rose Garden&Kitchen) $ 975.00/5 hrs $ 975.00/5 hrs 4710311500 Partial package: (Courtyard,First Floor&Kitchen) $1,100.00/5 hrs $1,100.00/5 hrs 4710311500 Partial package: (First Floor,Rose Garden&Kitchen) $ 850.00/5 hrs $ 850.00/5 hrs 4710311500 Non-ref.nc.b le reservation d eposit $ 200.00 per event $ 200.00 per event 4710311500 Run/walk-HerRage Park(Pl-Only) $ 265.00 11/4 hrs $ 265.00/4 hrs 4710311500 Each additional hour $ 50.00 per hour $ 50.00 per hour 4710311500 C.The Water's Edge McCaughan Park $ 200.00 5 hours $ 200.00 5 hours 1020312010 Additional hour $ 40.00 per hour $ 40.00 per hour 1020312010 McCaughan Park-Parking Lot $ 95.00 5 hours $ 95.00 5 hours 1020312010 Additional hour $ 20.00 per hour $ 20.00 per hour 1020312010 The Great Lawn $ 650.00 5ho.rs $ 650.00 5ho.rs 1020312010 Additional hour $ 130.00 per hour $ 130.00 per hour 1020312010 The Great lawn Parking Lot $ 250.00 15 hours $ 250.00 15 hours 1020312010 Additional hour $ 50.00 er hour $ 50.00 er hour 1020312010 Sherrill Park $ 200.00 5 hours $ 200.00 5 hours 1020312010 Additional hour $ 40.00 per hour $ 40.00 per hour 1020312010 Old Shoreline Road Bed $ 650.00 5 hours $ 650.00 5 hours 1020312010 Additional hour $ 130.00 per hour $ 130.00 per hour 1020312010 McGee Beach $ 250.00 5 hours $ 250.00 5 hours 1020312010 Additional hour $ 50.00 per hour $ 50.00 per hour 1020312010 Entire Park $2,000.00 5 hours $2,000.00 5 hours 1020312010 Additional hour $ 400.00 per hour $ 400.00 per hour 1020312010 Old City H.II Park $ 200.00 15 hours $ 200.00 5 hours 1020312010 Additional hour $ 40.00 per hour $ 40.00 per hour 1020312010 "N..-profit rete billed et 20%discount D.Festival Fees Heritage Park $3,000.00 per d.y $3,000.00 perd.y 4710311520 Heritage Park[non-profit festiv.k] $1,500.00 per d.y $1,500.00 perd.y 471011520 E. Cooking Demonstrations $ 10.00 per person $ 10.00 perpmo. 1020311520 G.Caterers Food or Alcohol C.-- $ 100.00 yearly $ 100.00 yearly 1020311520 Food..c Alcohol C.terer(Combi-c) $ 150.00 yearly $ 150.00 yearly 1020311520 Section 7.SPECIAL SERVICES A.Permits end Miscellaneous S eci.I E-to p p Iicztio.Fee n -ref.nd.ble $ 50.00 rmrt $ 50.00 rmrt 4710302350 Sm.11 Speci.I Event Permit(0-500 attendees) $ 100.00 per permit $ 100.00 per permit 4710302350 Sm.11 Speci.I Event clean-.p deposit $1,000.00 per event $1,000.00 per event 471002350 Medium Speci.l Event Permit(500-1000 attendees) $ 200.00 per permit $ 200.00 per permit 4710302350 Medium Speci.I Event d--p deposit $2,000.00 1per event $2,000.00 per event 4710302350 I0.rge Specia l Event P-ft greater than 1,000 attendees) $ 400.00 per permit $ 400.00 per permit 4710302350 I0.rge Specia l Event cle.,p deposit $4,000.00 per event $4,000.00 per event 4710302350 Beach/Park wedding $ 100.00 per event $ 100.00 per event 1020312030 B.Vendor Permits Sk.tep.rk $ 350.00 per month $ 350.00 per month 1020312030 Golf Beach V-dor(Fi-c!) $ 225.00 per month $ 225.00 per month 1020312030 CC 13-1,..d McGee Be.ch(Fi-c!) $ 150.00 per month $ 150.00 per month 1020312030 4 N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code CC Beach a nd McGee Beach(Mobile) $ 50.00 per month $ 50.00 per month 1020.312030 nfl.table games vendor $ 220.00 Permit $ 220.00 Permit 1020312030 Water's Edge Feed&Beverage $ 100.00 monthly $ 100.00 monthly 1020.312010 Bookin g per pedestol(Mond.y-Thursday) $ 15.00 per booking $ 15.00 per booking 1020312010 10:30..-3:30p.;or 10:30..-3:30p.;or 4:00p.-9:OOp. 4:OOp.-9:OOp. Booking per pedestol(Friday-Sunday) $ 40.00 per booking 11:00..-9:00p. $ 40.00 per booking 1100..-9:00p. 1020312010 Water's Edge Rentals $ 200.00 monthly MarOc $ 200.00 monthly Ma7c[ 1020312010 $ 75.00 monthly Nov-Feb $ 75.00 monthly Nov-Feb 1020312010 C.Lab.-Perk 3-layca.pingper.itfordesignatedholidays: $ 28.00 3-clayper.it $ 28.00 3-d.y permit 1020312020 Ester,Memorial Day,4th oflol,Labor Day 55.00 3-d.y permit RV $ 55.00 3-clay Permit RV 1020312020 Only2-e-tive per.rts or 6 days/month D.Deily v ehicle entry fee $ 3.00 per vehicle/day $ 3.00 per vehicle/day 1020312020 Entry to o..unity parks for Holiday weekends 5 6.00 per vehicle/weekend 5 6.00 per vehicle/weekend 102- or events Section 8.TENNIS A.Annoal end Semi-Annoal Fees Ado It An..al $ 160.00 per/ear $ 160.00 per/ear Adult Se.i-Annual $ 110.00 per/6.onths $ 110.00 per/6.onths Youth Annual $ 75.00 per/year $ 75.00 per/year Youth Se.i-Annual $ 60.00 per/6.onths $ 60.00 per/6.onths Family Annual $ 300.00 per/year $ 300.00 per/year Fa.i ly Se.i-A...a l $ 160.00 pe r/6 months $ 160.00 pe r/6 months Non-Resident(3 Month Pass) $ 60.00 pe r/3 months $ 60.00 pe r/3 months $ 100.00 perevent $ 100.00 perevent B.Court Fees Outdoor Open Play(per/player) $ 3.00 per/1.5hP, $ 3.00 per/1.5hrs Private Lesson(comt fee) $ 1.50 per/hrs $ 1.50 per/hrs Se.i-Private/Group Lesson(co,a fee) $ 1.50 per/hrs $ 1.50 per/hrs Covered Pavilions(HEB) AdoltO en Play er/I0.er $ 7.00 er/1.51,rs $ 7.00 er/1.51,rs Private Lesson $ 4.50 per/hrs $ 4.50 per/hrs Se.i-Private/Group Lesson(co,a fee) $ 2.25 per/hrs $ 2.25 per/hrs C.Lesson Fees Director of Tenn is PrivateTennis Lessons $ 60.00 (per/hr) $ 60.00 (per/hr) PdvateTennis Lessons $ 45.00 (per/45.in) 5 45.00 (per/45.in) PrivateTennis Lessons $ 30.00 (per/30.in) $ 30.00 (per/30.in) Se.i-Private Lesson(per/player)(2 player) $ 30.00 (per/hr) $ 30.00 (per/hr) Group Lesson(per/player)(3 player) $ 20.00 (per/hr) $ 20.00 (per/hr) Group Le.on(per/player)(4+player) $ 15.00 (per/hr) $ 15.00 (per/hr) Head Pro PrivateTennis Lessons $ 50.00 (per/hr) $ 50.00 (per/hr) PrivateTennis Lessons $ 25.00 (per/30.in) $ 25.00 (per/30.in) Se.i-Private Lesson(per/player)(2 player) $ 25.00 (per/hr) $ 25.00 (per/hr) Group Lesson(per/player)(3 player) $ 18.00 (per/hr) $ 18.00 (per/hr) Group Le.on(per/player)(4 player) $ 16.00 (per/hr) $ 16.00 (per/hr) Group Le.on(per/player)(5+player) $ 12.00 (per/hr) $ 12.00 (per/hr) Assistant Pro PrivateTennis Lessons $ 45.00 (per/hr) $ 45.00 (per/hr) PrivateTennis Lessons $ 22.50 (per/30.in) $ 22.50 (per/30.in) Se.i-Private Lesson(per/player)(2 player) $ 22.50 (per/hr) $ 22.50 (per/hr) Gro. Lesson(per/player)(3 player) $ 15.00 (per/hr) $ 15.00 (per/hr) Group Le.on(per/player)(4 player) $ 12.00 (per/hr) $ 12.00 (per/hr) Group Le.on(per/player)(5+player) $ 10.00 (per/hr) $ 10.00 (per/hr) D.League Fees USTA Sanctioned Leagoe. 5 N DESCRIPTION Current FY21-22 Proposed FY22-23 Re,Code Adult 18&Over Leagues(2 singles&3 doubles) $ 57.00 per/league match $ 57.00 per/league match Adult 40&0ver ,.g-(2 Singles&3 doubles) $ 57.00 per/league match $ 57.00 per/league match Adult 55&0ver ,.g-(3 doubles) $ 43.00 per/league match $ 43.00 per/league match Mixed 18&Over Leagues(3 doubles) $ 43.00 per/league match $ 43.00 per/league match Mixed 40&Over Leagues(3 doubles) $ 43.00 per/league match $ 43.00 per/league match In-Hoose Leagues Adults 40&0-(without permit) $ 65.00 per/league match $ 65.00 per/league match Adolts 40&0-(with permit) $ 35.00 per/league match $ 35.00 per/league match E. Facility Rental Fees HEISTea.I.C..- 22maxcourtIF.lldaymorethan6hrs) $ 600.00 per/rental $ 600.00 per/rental 22max comu(H.H day less than 6h rs) $ 300.00 per/rental $ 300.00 per/rental 11..x court IF.11 day m ore than 6hrs) $ 300.00 per/rental $ 300.00 per/rental 11..x comu(HaH day less than 6hrs) $ 150.00 per/rental $ 150.00 per/rental Al Kruse Te..I.C..- 10..xcourtIF.lldaymorethan6hrs) $ 300.00 per/rental $ 300.00 per/rental 10..x comu(H.H day less than 6hrs) $ 150.00 per/rental $ 150.00 1per/rental E. Pro rams,Cam a,Workouts HEISTe..I.C..- HighPerformanceProgram-8 Lessons-juniors $ 132.00 per/session $ 132.00 per/session High Performance Program-12 Lessons-juniors $ 198.00 per/session $ 198.00 per/session Drop in Fee-High Performance Program-juniors $ 18.50 each $ 18.50 each Prep High Performance Program-juniors $ 84.00 per/session $ 84.00 per/session Drop in Fee-Prep High Performance Program-juniors $ 11.50 each $ 11.50 each 10 and..&,Tunior Program $ 54.00 per month $ 54.00 per month Drop in Fee-10 and under Junior Program $ 8.00 each $ 8.00 each Mini Munchkins Pro,. ors5-6 $ 5.00 each $ 5.00 1each Adultbeginner Program-18+ $ 11.00 each $ 11.00 each Cardio Tennis-allages $ 13.00 each $ 13.00 each Team Workout-adult $ 13.00 each $ 13.00 each Hot shots program-12 and under $ 60.00 per/session $ 60.00 per/session URT pI.yc.y-juniors $ 15.00 each $ 15.00 each Spring Break C.mp-juniors $ 75.00 per/session $ 75.00 per/session Drop in Fee-Spring Break Camp-juniors $ 19.00 each $ 19.00 each Backto School Morning Camp 8-18 $ 100.00 per/session $ 100.00 per/session Drop in Fee-Backto School Morning Camp 8-18 $ 30.00 each $ 30.00 each Al Kruse Te..I.C..- AdultSocialNight-18+ $ 13.00 each $ 13.00 each Junior Social-18 and under $ 13.00 each $ 13.00 each Men's In House League-without permit-40+ $ 65.00 per/session $ 65.00 per/session Men's In House League-with permit-40+ $ 35.00 per/session $ 35.00 per/session Women'In House,.g. without ermit-40+ $ 65.00 e,/-io. 65.00 er/ses Women'In House League-with permit-40+ $ 35.00 per/session $ 35.00 per/session Summer Camp Peewee's 4-6 Years Old $ 25.00 per/week $ 25.00 per/week Summer Camp Chipmunk 7-10 Years Old $ 25.00 per/week $ 25.00 per/week Summer Camp Academy Prep 10 and u p $ 50.00 per/week $ 50.00 per/week Summer Camp Advance Academy 10 and u p $ 50.00 per/week $ 50.00 per/week Section9.PILOT PROGRAMS The Parks and Recreation Department k authorized to implement pilot programs based on unity requests and trends.Cost--,,will not exceed 40%foryouth p,og,.ms (excluding After Hour Kid Power-Latchkey). Section 10.SCHOLARSHIP FEES Scholarships as shown a o,provided to youth based on fin.nci.I need for program activities. Eligibility criteria is the-o as used by school districtsforthe free/reduced-mst lunch program. Section 11.REFUND POLICY Refunds fora 11 Parks and Recreation feeswill be processed fora period up to thirty(30)days from the date of payment. 6 R.,Code =approval schedule of fees..d h.,g.s h..b— ,bmin,dt,the C,,p,,Christi City Council f-review d pp,...I ,d i,effective Oa,b,,1,2022. APPROVED: Pe"Zan..i,City Manager D.t. Section 7 A. Plei B. Plei C. Util D. Con E. Util Section 2 A. Fee Section 3 A. Stoi Section 4 (Advance A. Rat, Section 5 A. Fee Section E A. Oth Section 7 (Minimus A. Emi B. Oth Section E (Insuranc A. Fee Section 5 (Note: Tr Requires A. Fee Section 7 Requires A. Fee Section 7 (Limited A. Fee Section 7 (Require: (City/Ma A. I nA B On- Section 7 (Insuranc A. Fee Parks and Rec FY DESCRIPTION �. MONTHLY SLIP RENTALS asure Craft Floating Slip Rates (6 Month Lease) 27 ft slip 30ft slip 35ft slip 40ft slip 45ft slip 50ft slip 55ft slip 60ft slip 70ft slip 75ft slip 80ft slip 105ft slip asure Craft Fixed Dock Slip Rates (6 Month Lease) 40ft slip 45ft slip 55ft slip 60ft slip 30ft slip L Dock (Boat lifts only) 40ft slip L Dock (Boat lifts only) ity Recovery/ Maintenance Fee (Includes 200kwh of Electricity) <=20 ft 20.1 - 30ft 30.1 -40ft 40.1 - 50ft 50.1 - 60ft 60.1 - 70ft 70.1 - 80ft 80.1 - 100ft _>100ft nmercial Rates (6 Month Lease) $10.50 a ft or length of dock whichever is greater- 30 Ft minimum length of boat + electricity 40ft slip 45ft slip 50ft slip 55ft slip 60ft slip 65ft slip ity Recovery/ Maintenance Fee <=30ft 30.1 -40ft 40.1 - 60ft 60.1 - 80ft 80.1ft - 100ft _>100ft !. LIVE ABOARD FEE Up to two occupants (Minimum 35ft boat) Per additional occupant t. MONTHLY DRY STORAGE (6 month lease) rage Fees Dry Storage-up to 30ft I.. RATES FOR TRANSIENT CRAFT (Daily,Weekly, Monthly without 6 month lease) payment required) Must Depart by 3:00 PM es Commercial Craft Daily Pleasure Craft Daily (120 Days or Less) Weekly Monthly Trailer/Dry Boat Storage Daily Monthly i. TRANSIENT ELECTRICITY FEE s Monthly/weekly transients will be charged for use of electricity per meter. i. OTHER FEES ier Fees Unauthorized Craft Impound Marina Area Rental (Parking lot/ Park land space) Slip Waiting List (non refundable/ can be applied to security deposit upon signing lease) Boat Lines 5/8 inch Boat Lines 1/2 inch Cleat Installation Cleat Installation Cleat Installation '. SERVICES m One Hour Charge) ergency Services Material Cost Plus 20% Surcharge Pump Out Equipment with Equipment Operator (minimum 1 hour charge) ier Services Materials Cost Plus 20% Surcharge Labor Fee, On Land Marina Vessel (slip to slip towing -tenants only inside breakwater) I. CONTRACTORS ADMINISTRATIVE FEE ;e/Permit Required) s Annual Fee (10/01-09/30) Master Key Deposit (Refundable) Key Replacement I. BOAT HAUL OUT FACILITY avel Lift Limited to 14.5 beam - Max 25 Ton Capacity) Haul Out Authorization Form on file with up-to-date registration s Haul Out/Splash (One Hour, LOA up to 35ft) Haul Out/Splash (One Hour, LOA up to 35.1ft and over) Each Additional Hour(s) (Addtl hour accounts for addlt blocks due to keel size) Haul and Hold Survey- (max 2 Hours, LOA up to 35 ft) Haul and Hold Survey- (max 2 Hours, LOA up to 35.1 ft and over) Each Additional Hour(s) On/Off Trailer(max 2 hours) M. HAUL OUT WORK AREA FEES Haul Out Authorization Form on file with up-to-date registration S Tenant Vessel - (01-10 days) Tenant Vessel - (11-30 days) Note: Rate increases per day upon each thirty (30) day increment. Non-Tenant Vessel - (0-30 days) Note: Rate increases per day upon each thirty (30) day increment. �1. MONTHLY AREA FEES to service period for boats) S Mast Storage (0-30 days) Note: Rate increases per day upon each thirty (30) day increment. I. REGATTA/SPECIAL EVENT RATES Special Event Permit with advanced notice in writing from sponsoring yacht club) rina must be advertised as event sponsor as per Special Event Permit, regardless of LOA) Nater 3-15 Vessels Plus Trailer Storage Fees Fees/Overages 16+Vessels (Five Day Event Term) Plus trailer storage fees. Plus charges for electrical use Land Per Tagged Vessel/Trailer Established by Marina Storage Area 3. USER PERMIT FEE :e/Permit Required) s Shrimper Seafood Sales Permit This schedule of fees and charges has been submitted to the Corpus Christi City Council for review and approval and is effective October 1, 2022. APPROVED: Peter Zanoni, City Manager reation Department - Marina ' 23 FEE SCHEDULE Current FY21-22 $ 150.00 $5.50 ft $ 189.00 $ 238.00 $7.93 ft $ 270.00 NA NA $ 315.00 $ 308.00 $7.70 ft $ 360.00 $ 343.00 $7.62 ft $ 405.00 $ 378.00 $7.56 ft $ 450.00 $ 413.00 $7.51 ft $ 495.00 $ 448.00 $7.46 ft $ 540.00 $ 518.00 $7.40 ft $ 630.00 $ 553.00 $7.37 ft $ 675.00 $ 588.00 $7.35 ft $ 720.00 $ 735.00 $7.00 ft $ 945.00 $ 260.00 $6.50 ft $ 320.00 $ 292.50 $6.50 ft $ 360.00 $ 375.50 $6.82 ft $ 440.00 $ 390.00 $6.50 ft $ 480.00 NA NA $ 255.00 NA NA $ 340.00 $ 18.00 $ 14.00 $ 26.00 $ 21.00 $ 37.00 $ 25.00 $ 51.00 $ 32.00 $ 69.00 $ 38.00 $ 90.00 $ 46.00 NA $ 53.00 NA $ 75.00 $ 125.00 $ 80.00 NA NA $ 315.00 NA NA $ 420.00 $ 410.00 $9.11 ft $ 472.00 $ 455.00 $9.11 ft $ 525.00 $ 500.00 $9.09 ft $ 577.50 $ 545.00 $9.08 ft $ 630.00 $ 590.00 $9.08 ft $ 682.50 NA $ 30.00 $ 53.75 $ 45.00 $ 85.00 $ 55.00 $ 90.00 $ 80.00 $ 126.00 $ 100.00 $ 131.00 $ 120.00 $ 100.00 per month $ 100.00 $ 34.00 per month $ 35.00 $ 120.00 $4 per ft $ 140.00 $ 37.50 a night up to 30ft; $1.25 addtl LF $ 39.00 $ 34.50 a night up to 30ft; $1.15 addtl LF $ 36.00 $ 174.00 a week up to 30ft; $5.80 addtl LF $ 195.00 $ 375.00 a month up to 30ft; $12.50 addtl LF $ 360.00 $ 9.55 $ 10.00 $162.00 $175.00 $ 0.14 per KWH $ 0.14 $ 70.00 per night $ 70.00 $ 135.00 per permit $ 135.00 $ 0.01 per SF/Day $ 0.01 $ 25.00 $ 75.00 $ 1.75 per foot $ 1.75 $ 1.50 per foot $ 1.50 $ 28.00 cleat $ 30.00 $ 60.00 bolts (2) $ 15.00 $ 60.00 labor $ 75.00 $ 120.00 per hour $ 120.00 $ 60.00 per hour $ 75.00 $ 150.00 per hour $ 175.00 $ 230.00 $ 100.00 $ 150.00 $ 75.00 NA $ 25.00 $ 175.00 j $ 200.00 $ 200.00 $ 230.00 $ 60.00 per hour $ 75.00 $ 235.00 $ 260.00 $ 260.00 $ 285.00 $ 60.00 per hour $ 75.00 NA $9.00 $ 5.80 per day $ 7.00 $ 17.35 per day $ 18.00 $ 10.00 per day $ 10.00 $ 17.35 per day $ 18.00 $ 10.00 per day $ 10.00 $ 12.00 per day $ 12.00 $ 10.00 per day $ 10.00 $ 20.00 per night/per vessel $ 20.00 $ 18.75 per night/per vessel $ 18.75 $ 7.50 Trailer and/or Vessel/Event $ 7.50 $ 0.01 per SF/Day $ 0.01 $ 200.00 annual fee $ 200.00 Date N Proposed FY22-23 a Rev. Code w $7 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $9 ft 4700-323010 $8 ft 4700-323010 $8 ft 4700-323010 $8 ft 4700-323010 $8 ft 4700-323010 $8.50 ft 4700-323010 $8.50 ft 4700-323010 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 $10.50 ft 4700-323010 $10.50 ft 4700-323010 $10.50 ft 4700-323010 $10.50 ft 4700-323010 $10.50 ft 4700-323010 $10.50 ft 4700-323010 $10.50 ft 4700-323010 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 4700-323030 per month 4700-323015 per month 4700-323015 $4.66 per ft 4700-323010 a night up to 30ft; $1.30 addtl LF 4700-323020 a night up to 30ft; $1.20 addtl LF 4700-323020 a week up to 30ft; $6.50 addtl LF 4700-323020 a month up to 30ft; $12.00 addtl LF 4700-323020 4700-323020 4700-323020 4700-323020 per KWH 4700-323010 per night 4700-323100 per permit 4700-323100 per SF/Day 4700-323100 one time 4700-323100 per foot 4700-323100 per foot 4700-323100 cleat 4700-323100 bolts (2) 4700-323100 labor 4700-323100 per hour (minimum 1 hour charge) 4700-323100 4700-323100 per hour 4700-323100 per hour 4700-323100 4700-344000 4700-344000 4700-344000 4700-323060 4700-323060 per hour 4700-323060 4700-323060 4700-323060 per hour 4700-323060 per ft 4700-323060 per day 4700-323070 per day 4700-323070 per day 4700-323070 per day 4700-323070 per day 4700-323070 per day 4700-323070 per day 4700-323070 per night/per vessel 4700-344000 per night/per vessel 4700-344000 Trailer and/or Vessel/Event 4700-344000 per SF/Day 4700-344000 annual fee 4700-344000 Date 2022 Marina Rates Rates listed lowest to highest - CC Marina rates were last adjusted in 2017. Marina Slip rate by LF of slip Location *Corpus Christi Municipal $5.50 - $7.93 + Utility Corpus Christi TX Marina Fee/Electricity *Freeport Municipal Marina $7.07 - $8.62 + Electricity Freeport TX South Shore Harbor $8.75 + Electricity Clear lake TX *Port Aransas Municipal $9.75 + Electricity Port Aransas TX Marina — Seabrook Marina $9.40 - $10.00 + Electricity Clear Lake TX Island Moorings $10.30 + Electricity Port Aransas TX Cove Harbor Marina $11.50 + Electricity Rockport TX Waterford Harbor Marina $11.50 + Electricity Clear Lake TX Kemah Boardwalk Marina $11.88 + Electricity Kemah TX *St Petersburg Municipal $9.50 - $13.50 + Tax + Electricity St. Petersburg FL Marina Bay Club Hotel Marina $16.25 — 25.50 + Electricity San Diego CA Harbor Island West Marina $19.00 - $26.50 + Electricity San Diego CA Charleston Harbor Marina $19.00 - $34.00 + Electricity Charleston SC Safe Harbor Charleston City $18.85 Annual + Electricity Charleston SC $36.50 Monthly + Electricity All the listed marinas offer floating docks and similar amenities as the Corpus Christi Marina. Using a 40ft slip as the baseline and increasing rates from $7.70 ft to $9.00 ft is roughly 16.88%. Core inflation from 2017 - 2022 averaged 2.91% per year with an inflation total of 15.40%. CPI inflation from 2017 — 2022 averaged 3.86% per year with an inflation total of 20.87%. Corpus Christi Marina Historical Overview Corpus Christi Marina 3,000,000 2,500,000 2,399,877 2,305,978 2,219,5 2,131,265 2,054,5 2,049,368 2,000,000 94,064 38,087 95,403 1,521,857 1,500,000 81,314 30,263 1,000,000 832,264 9,408 7,8 610,575 12,750 9,140 500,000 277,877 59,355 ' 0 i 2020-2021 2019-2020 2018-2019 2017-2018 ■Revenue ■Expenditures+Debt Expenditures Debt uoo Fund Balance Hurricane Harvey hit August 2017. Revenues in FY 2017-2018 increased due to the number of boats moving to CC Marina from other damaged marinas and private docks. FY 2018-2019 expenditures increased due to marina maintenance projects and the influx of boats after hurricane Harvey. FY 2019-2020 the marina received insurance proceeds for Hurricane Harvey showing increase in fund balance. Marina Debt Schedule FY Principal Interest Payment 2021 510,000 97,500 607,500 2022 530,000 76,500 606,500 2023 550,000 52,850 602,850 2024 175,000 38,175 213,175 2025 185,000 32,775 217,775 2026 190,000 27,150 217,150 2027 195,000 21,375 216,375 2028 200,000 15,450 215,450 2029 205,000 9,375 214,375 2030 210,000 3,150 213,150 $2,950,000 $374,300 $3,324,300 Debt was used to pay for replacement of docks R,S,T,U in 2014-15. \ FOR ACCO, CAP 00 CORPUS r, ACCREDITED CHRISTI 's = P w a off �hA RECRFAtP FY 2023 Marina Fee Schedule City Council August 30, 2022 3 FY 2023 Marina Fee Changes PARK56 • Proposed ordinance to increase Marina fee schedule — Slip rentals — Haul out services — Other boater services • Due to the rising cost of materials and labor, the marina needs to increase rates to maintain the required funds to operate • Last adjusted in FY 2017 Slip Rates — Marina Comparisons CHRISM � =Z2 nZry *Corpus Christi Municipal Marina $5.50-$7.93+Utility Fee/Electricity Corpus Christi,TX. *Freeport Municipal Marina $7.07-$8.62+Electricity Freeport,TX. South Shore Harbor $8.75+Electricity Clear Lake,TX. *Port Aransas Municipal Marina— $9.75+Electricity Port Aransas,TX. Seabrook Marina $9.40-$10.00+Electricity Clear Lake,TX. Island Moorings $10.30+Electricity Port Aransas,TX. Cove Harbor Marina $11.50+Electricity Rockport,TX. Waterford Harbor Marina $11.50+Electricity Clear Lake,TX. Kemah Boardwalk Marina $11.88+Electricity Kemah,TX. *St Petersburg Municipal Marina $9.50-$13.50+Tax+Electricity St.Petersburg,FL. Bay Club Hotel Marina $16.25—25.50+Electricity San Diego,CA. Harbor Island West Marina $19.00-$26.50+Electricity San Diego,CA. Charleston Harbor Marina $19.00-$34.00+Electricity Charleston,SC. Safe Harbor Charleston City $18.85 Annual+Electricity Charleston,SC. $36.50 Monthly+Electricity • Using a 40ft slip as the baseline and increasing rates from$7.70 ft to$9.00 ft is roughly 16.88% • Core inflation from 2017-2022 averaged 2.91%per year with an inflation total of 15.40% • CPI inflation from 2017—2022 averaged 3.86%per year with an inflation total of 20.87% 3 Pleasure Craft Floating Slips IMM CHRISTI PARK56 Slip Size Current Rate Proposed Rate 27ft slip $150.00 $5.50 ft $189.00 $7.00 ft 3Oft slip $238.00 $7.93 ft $270.00 $9.00 ft 32ft slip $252.00 $7.87 N/A 34ft slip $266.00 $7.82 N/A 35ft slip N/A N/A $315.00 $9.00 ft 36ft slip $280.00 $7.77 N/A 40ft slip $308.00 $7.70 ft $360.00 $9.00 ft 45ft slip $343.00 $7.62 ft $405.00 $9.00 ft 46ft slip $350.00 $7.60 ft N/A 5Oft slip $378.00 $7.56 ft $450.00 $9.00 ft 55ft slip $413.00 $7.51 ft $495.00 $9.00 ft 60ft slip $448.00 $7.46 ft $540.00 $9.00 ft 70ft slip $518.00 $7.40 ft $630.00 $9.00 ft 75ft slip $553.00 $7.37 ft $675.00 $9.00 ft 80ft slip $588.00 $7.35 ft $720.00 $9.00 ft 105ft slip $735.00 $7.00 ft $945.00 $9.00 ft 4 Pleasure Craft Fixed Slips IMM CHRISTI PARK56 Slip Size Current Rate Proposed Rate 3Oft slip $210.00 $7.00 N/A 34ft slip $238.00 $7.00 N/A 40ft slip $280.00 $7.00 $320.00 $8.00 ft 45ft slip N/A N/A $360.00 $8.00 ft 48ft slip $336.00 $7.00 N/A 55ft slip $385.00 $7.00 $440.00 $8.00 ft 60ft slip $420.00 $7.00 $480.00 $8.00 ft 65ft slip $455.00 $7.00 N/A LST 40ft slip $260.00 $6.50 N/A LST 55ft slip $357.00 $6.50 N/A LST 60ft slip $390.00 $6.50 N/A 30ft slip L-Dock N/A N/A $255.00 $8.50 ft (Boat lifts only) 40ft slip L-Dock N/A N/A $340.00 $8.50 ft (Boat lifts only) 5 Commercial Slips % 3,�, GGRPUS CHRISTI =MM2 Slip Size Current Rate Proposed Rate 40ft slip N/A N/A $420.00 $10.50 ft 45ft slip $410.00 $9.11 ft $472.00 $10.50 ft 50ft slip $455.00 $9.11 ft $525.00 $10.50 ft 55ft slip $500.00 $9.09 ft $577.50 $10.50 ft 60ft slip $545.00 $9.08 ft $630.00 $10.50 ft 65ft slip $590.00 $9.08 ft $682.50 $10.50 ft • $10.50 per ft, or length of dock, whichever is greater - 30ft Minimum length Haul Out Facility 3,�, GGRPUS CHRISTI PARK56 Service Current Rate Proposed Rate Haul Out/Splash(One Hour,LOA up to 35ft) $175.00 $200.00 Haul Out/Splash(One Hour,LOA up to 35.1ftand over) $200.00 $230.00 Each Additional Hour(s) $60.00 per hour $75.00 per hour Haul and Hold Survey(Max 2 Hours,LOA up to 35 ft) $235.00 $260.00 Haul and Hold Survey(Max 2 Hours,LOA up to 35.1 ft and over) $260.00 $285.00 Each Additional Hour(s) $60.00 per hour $75.00 per hour On/Off Trailer(Max 2 hours) NA $9.00 per ft Tenant Vessel-(01-10 days) $5.80 per day $7.00 per day Tenant Vessel-(11-30 days) $17.35 per day $18.00 per day Note: Rate increases per day upon each thirty(30)day increment. $10.00 per day $10.00 per day Non-Tenant Vessel-(0-30 days) $17.35 per day $18.00 per day Note: Rate increases per day upon each thirty(30)day increment. $10.00 per day $10.00 per day FY 2023 Rate Changes 3,^, CHRISTI PARK56 • As an enterprise fund, the revenue collected from the increase to slip rates, haul out services, and other boater services will stay in the Marina Fund • Revenue collected will pay for maintenance and staffing Recommendation uffl—o,," wE wElnrcJiory • Staff recommends approval of this Ordinance amending the City Code of Ordinances, Chapter 12, Section 12-83 regarding the Marina fee schedule as of October 1 , 2022, as presented ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I First Reading Ordinance for the City Council Meeting of August 30, 2022 1852 Second Reading Ordinance for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2601 Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance adopting the City of Corpus Christi Code of Ordinances for changes for 9-1-1 emergency service fees CAPTION: Ordinance amending the City Code of Ordinances, Chapter 55, regarding 9-1-1 emergency service fees as of January 1,2023. SUMMARY: This item is an Ordinance adopting the City of Corpus Christi Code of Ordinances, Chapter 55, regarding 9-1-1 emergency service fees as of January 1, 2023. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on changes to the Code of Ordinances. The City of Corpus Christi is proposing amending the City Code of Ordinances for changes to the 9- 1-1 emergency service fee. In 1990, the City of Corpus Christi agreed to participate with the Coastal Bend Council of Governments (CBCOG) regional plan for 911 service. In June 1997, the City Council authorized resolutions to withdraw from the regional 911 plan. The City of Corpus Christi sued for the right to withdraw from the CBCOG and ultimately won its release in Austin's Third Court of Appeals in September of 2001. Corpus Christi has been operating as a home rule 911 city since early 2002. As a home rule city, it is allowable to set the rate of fee not to exceed 6% of the monthly base rate charged a service user by the principal service provider(Sec. 772.214(c), HEALTH AND SAFETY CODE). Our first fees were collected in August/September 2002. In FY 2020, the 911 wireline fees were increased for residential lines by .35, business lines by .55, and trunk charges by .80 and earmarked to help offset the funding necessary to operate a 911 PSAP. This increase is requested to further subsidize the rising cost of operating a 911 PSAP. The current and adjusted rates are detailed below: Category Current Fees Maximum Allowed Fee Residential $1.60 $1.80 Business $2.00 $2.40 Trunk $2.40 $4.30 The estimated increase in revenue is $197,125.00. ALTERNATIVES: Approval of the Rates and Fees is required to approve the Operating Budget. FINANCIAL IMPACT: There is an estimated increase of$197,125.00 in revenues from the new 9-1-1 emergency service fee change in the Proposed Budget for FY 2023. Funding Detail: Fund: Organization/Activity: Mission Element: Project # (CIP Only): N/A Account: RECOMMENDATION: Staff recommends approval of the recommended changes to the Code of Ordinances for the new 9-1-1 emergency service fee change, as presented. LIST OF SUPPORTING DOCUMENTS: FY 2023 Ordinance for Fee Schedule Ordinance amending the City Code of Ordinances, Chapter 55, regarding 9-1-1 emergency service fees as of January 1, 2023. Be it ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. Section 55-7 "Local exchange access line 9-1-1-service fee", Subsection (b) of the Corpus Christi Code of Ordinances, is amended to read as follows: (b) 9-1-1 emergency service fee. Each service supplier in the city shall collect a 9-1-1 emergency service fee of eRe d^"a +�G8RtS ($1 .69) one dollar and eighty cents ($1 .80) per month for each residential local exchange access line; two dollars and forty cents ($2.40) per month for each business local exchange access line; and ti"A^ 91Ia s add#GAY ^ ($2.497 four dollars and thirty cents ($4.30) per month for each business trunk local exchange access line. The 9-1-1 emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the city's public safety answering point. SECTION 2. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. The changes to the 9-1-1 emergency service fees as reflected in this Ordinance take effect on January 1, 2023. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor FISCAL YEAR 2022-2023 PROPOSED POLICE DEPARTMENT OPERATING BUDGET FY 2023 PROPOSED FEE ADJUSTMENT PRESENTED TO CITY COUNCIL IN JULY 26 CITY OF CORPUS CHRISTI CITY MANAGER PETER ZANONI A' . Presented by Mike Markle, Chief of Police r + ' August 25, 2022 �3 Proposed 911 Fees • There are two revenue sources funding 9-1-1 Metrocom Call Center 1) Wireless Fee • .50 cents per line • State regulated surcharge 2) Wireline Fee • Home rule cities are allowed to set the rate of fee not to exceed 6% of the monthly base rate charged a service user by the principal service provider (Sec. 772.214(c), HEALTH AND SAFETY CODE) • If the new rates are approved, letters detailing the rate increase will be sent to providers to become effective on January 1, 2023. z Proposed 911 Fees • A proposed increase in 911 Wireline Landline fees is recommended by City staff to take effect on January 1, 2023 • The fee increase will be used to fund costs attributable to equipment and personnel necessary to operate the City's public safety answering point Yearly Current Adjusted estimated# Current Revenue Proposed Proposed Revenue Revenue of lines Fees Estimate Fee Increase Estimate Increase Residential 350,000 $1.60 $560,000.00 $1.80 $0.20 $630,000.00 $70,000.00 Business 300,000 $2.00 $600,000.00 $2.40 $0.40 $720,000.00 $120,000.00 Trunk 3750 $2.40 $9,000.00 $4.30 $1.90 $16,125.00 $7,125.00 Total: $1,169,000.00 $1,366,125.00 $197,125.00 3 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, Interim-Public Works Director Gabriel H(o-)-cctexas.com 361-826-1877 PUBLIC HEARING AND FIRST READING ORDINANCE TO CONSIDER AN ORDINANCE AMENDING SECTION 55-709, DRAINAGE UTILITY CHARGE, OF THE CITY CODE OF ORDINANCES TO LEVY AN AMENDED SCHEDULE OF STORM WATER DRAINAGE CHARGES CAPTION: Public Hearing and first reading ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, and providing a savings clause. SUMMARY: Public Notice is hereby given that the Corpus Christi City Council will hold a public hearing to consider amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an amended schedule of storm water drainage charges on August 30, 2022 during the Council meeting beginning at 11:30 a.m. in the City Council Chambers, 1201 Leopard Street, Corpus Christi, Texas. Ordinance amending Section 55-709, Drainage Utility Charge, of the City Code of Ordinances to levy an amended schedule of storm water drainage charges to all benefitted properties in the service area of the City of Corpus Christi, Texas; repealing conflicting provisions, and providing a savings clause. BACKGROUND AND FINDINGS: From 1989-2021, the City of Corpus Christi funded storm water services through the water utility rate. In September2021, the City's first Municipal Drainage Fee ("Storm Water Fee")was adopted by City Council and went into effect for ratepayers on January 1, 2022. FY 2022 estimated Storm Water Fund revenues total $18.05M and stem from both the water utility rate ($4.35M) and the Storm Water Fee ($13.61 M). FY 2022 Storm Water Fund had no debt service expenses. As was requested by the Mayor and City Manager at the time, the Public Works Department successfully created and has since maintained a fair and equitable fee structure for storm water that more accurately reflects usage of the City's drainage system. The objectives of the Storm Water fee are threefold: • To create a stable revenue stream that allows Public works to properly maintain and increase services to the storm water system to include capital improvement projects • Remove storm water from the water rate to create financial transparency • Create a fair fee structure for storm water management that is tied to drainage runoff Staff is tasked with developing a comprehensive five-year plan of recommended improvements based on the City's critical storm water needs, to include the prevention of regional flooding, resident demands for services, and pollution mitigation efforts aimed at reducing floatables (trash) from entering our creeks, bays, estuaries, and ocean. The FY 2023 service enhancements include: • In-House Street Sweeping Program: Increase sweeping of Collectors from two to four times a year • Inlet Maintenance and Cleaning Crew Enhancement: Decreased inlet maintenance interval from a 3.5 year-cycle to a 1.3 year-cycle • Maintaining the Storm Water Utility Assistance Program for qualified ratepayers • The creation of the Emergency Storm Water Improvement Program, which will provide $500,000 for emergency storm water capital projects that need to be performed to protect the health and safety of the community and for which no other funding source is identified • Storm Water staff professional development and technical training program, which aims to effectively lower the average gap of skills in the operation of new heavy equipment FY 2024-2027 recommended planned improvements include: • Street Sweeping: Transitioning total program to City Forces and increasing the following sweeping schedules annually as shown below o residential from 2 to 4 annual sweeping cycles o arterials from 8 to 12 annual sweeping cycles o collectors from 4 to 12 annual sweeping cycles • Inlet Maintenance and Cleaning Crew Enhancement: Increased cleaning cycles from three to two years • Minor storm water channel maintenance crew to the existing crew to begin a planned maintenance program for the City's minor storm water channels ("bar ditches") • Vegetation Maintenance: Herbicide and Mowing Improvements • ID/IQ Construction Contract: Bridge, Channel and Infrastructure Rehabilitation • Continued Bay Water Quality Improvements Sec. 55-709. Drainage Utility Charge (a) Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge beg+RR+rg began on January 1, 2022 and will be amended on October 1, 2022 to the charges established herein. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single- family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single-family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers Stormwater Unit of Parcels Equivalent Single Family 84,957 91,278 1 Residential TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Equivalent F4 2Q22 FY 2023 Impervious Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $4-59 $5.77 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1 .00 $442- $7.69 Tier 3 Greater than 4,500 sq. ft. 1 .75 $44,74 $13.46 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines derived from City Drainage Manual which IDF is used Rate Calculation = (Gross area x IDF) / 3,280 s .ft. 1 stormwater unit = 3280 square feet All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Number of Land Use Land Uses Development Parcels Factor Townhouse Dwellings/ 1311 , B3, B5, B7, Multiple Dwellings District, B8 B9 0.65 2-&5 297 Manufactured Homes Apartments 131 , B10, B6 0.80 37-9426 Business District F1 0.85 6,49f 7,099 Industrial District F2, F3, F4, F5, J3, 0.7 4-9-9356 J4, J5 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 .91 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1 , ESR, E2, E3 0.05 37 174 Commercial Stock C1 0.17 4-41,695 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single- viz FY 2023 Family Commercial Non-Single Family Rate $6.12 nor „r,+ Commercial $7.69 per unit The FY 2023 Storm Water program includes proposed municipal drainage fee rates at the smallest possible impact to ratepayers while also being able to successfully meet scheduled debt obligations for prior year storm water capital projects. The financial impact to the average Single- Family Residential ratepayer in any tier is $2.24 per parcel while the financial impact to the average Non-Single Family Residential (Commercial) ratepayer amongst any land use designation is approximately $24.72 per parcel. For those observing an increase to their monthly Storm Water Fee, the Utility Assistance Program (UAP) will continue to be implemented for the low-income, seniors (65 years of age and older) and disabled. ALTERNATIVES: The alternative would be to maintain storm water revenues to be collected at FY 2022 rates, whereby Public Works would be forced to reduce storm water service levels currently provided to residents so that the City can successfully meet their storm water utility revenue bond debt obligations for FY 2023. FISCAL IMPACT: N/A Funding Detail: Fund: N/A Organization/Activity: N/A Mission Element: N/A Project # (CIP Only): N/A Account: N/A Amount: N/A RECOMMENDATION: Staff recommends approval of the ordinance to amend Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of storm water drainage charges, repealing conflicting provisions, and providing a savings clause. LIST OF SUPPORTING DOCUMENTS: • Ordinance • Council Presentation Ordinance amending Section 55-709, Drainage Utility Charge, of the Corpus Christi Code, to levy an amended schedule of stormwater drainage charges, repealing conflicting provisions, and providing a savings clause WHEREAS, it is necessary that the collection, handling, and storage of stormwater drainage runoff within the City protects the public health, safety, and welfare of the City's citizens including but not limited to protection against property damage; WHEREAS, the City Council desires to address the various water quality and environmental issues that may burden its stormwater drainage infrastructure, and to protect against surface water overflow, standing surface water, and pollution arising from nonpoint source runoff within the City; WHEREAS, prior to the amendment of this ordinance, the City Council adopted a municipal storm water drainage utility system, as authorized by Texas Local Government Code Chapter 552, Subchapter C, "Municipal Drainage Utility Systems," as amended (the "Act"), within the City's municipal boundaries and levied charges related thereto; WHEREAS, the City Council has adopted the Act and declared that the City's storm water drainage infrastructure and services of the City is a public utility within the meaning of the Act; WHEREAS, a public hearing was held on August 30, 2022, regarding amending Section 55-709 of the Code of Ordinances; notice of these public hearings and a copy of the proposed ordinances were published three times prior to the public hearing in a paper of general circulation in accordance with the Act; WHEREAS, the City Council finds that (1) this ordinance establishes a schedule of drainage charges against all real property in the City's service area, (2) the City will provide drainage for all real property in the City's service area on payment of drainage charges, except real property exempted under Chapter 552 of the Act, and (3) the City will offer drainage service on nondiscriminatory, reasonable, and equitable terms. C:\Program Files\Granicus\Legistar5\Packet\2816_City Council_8_30_2022\0014_2_FY 2023 Ordinance Amending Section 55-Storm Water Municipal Drainage Fees.docx NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The above and foregoing recitals and premises to this ordinance are true and correct and are incorporated herein and made a part of this ordinance for all purposes. SECTION 2. The City Council of Corpus Christi hereby levies the Schedule of Drainage Charges applicable to all non-exempt property owners in the City's service area for the collection, handling and transportation of stormwater drainage and runoff in accordance with the ordinance that created the City's Municipal Drainage Utility System. SECTION 3. Section 55-709, Drainage Utility Charge, of the Corpus Christi Code is amended to read as follows: "Sec. 55-709. Drainage Utility Charge (a) A Drainage Utility Charge is hereby imposed upon each improved lot and parcel within the Service Area. The Drainage Utility Charge shall be billed beginning January 1 , 2022. Drainage Utility Charges shall be billed on a monthly basis thereafter for the duration of the drainage utility. (b) For purposes of imposing the Drainage Utility Charge, all lots and parcels within the City are classified into the following customer categories: (1) Residential Single-Family Property and (2) Non-Single-Family Residential (commercial) Property. (c) The ERU value for the City is determined through an inventory of all improved single-family residential parcels in the City and determination of Impervious Area for each parcel. This study shows that the impervious area for an average single- family residence in the City is 3,280 square feet. (d) The monthly Drainage Utility Charge for properties shall be calculated by multiplying the total number of ERU's for the parcel by the ERU monthly billing rate. SINGLE FAMILY RESIDENTIAL PARCELS: Numbers of parcels Stormwater Unit Equivalent Single Family Residential 91 ,278 1 C:\Program Files\Granicus\Legistar5\Packet\2816_City Council_8_30_2022\0014_2_FY 2023 Ordinance Amending Section 55-Storm Water Municipal Drainage Fees.docx TIERED SINGLE-FAMILY RESIDENTIAL DRAINAGE FEES: Estimated Impervious Equivalent PZ'022 FY 2023 Area Residential Unit Tier 1 Less than 3,000 sq. ft. 0.75 $4.59-$5.77 Tier 2 3,000 sq. ft.- 4,500 sq. ft. 1 .00 $6.12-$7.69 Tier 3 Greater than 4,500 sq. ft. 1 .75 $44-7' $13.46 NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) FACTORS: Intensity of Development (IDF) factors Property's State Code determines which IDF is derived from City Drainage Manual used Rate Calculation = (Gross area x IDF) / 1 stormwater unit = 3280 square feet 3,280 sq.ft. All properties (Non-SFR) 1 or more Stormwater Units based on calculation (area x factor) INTENSITY OF DEVELOPMENT FACTOR (for Non-Single Family Commercial) State Code Intensity of Land Use Land Uses Development Number of Factor Parcels Townhouse Dwellings/Multiple 1311 , 133, 135, 137, 138, B9 0.65 2 69 5 297 Dwellings District; Manufactured Homes Apartments 131 , 1310, B6 0.80 37-9426 Business District F1 0.85 7,099 Industrial District F2, F3, F4, F5, J3, J4, J5 0.7 49G 356 Railroad Yard Areas 0.30 0 Parks, Playgrounds, 0.31 .91 Greenbelts, Cemeteries Private Streets 0.83 0 Agriculture Uses D1 , E5R, E2, E3 0.05 37- 174 Commercial Stock C1 0.17 44 1 ,695 C:\Program Files\Granicus\Legistar5\Packet\2816_City Council_8_30_2022\0014_2_FY 2023 Ordinance Amending Section 55-Storm Water Municipal Drainage Fees.docx NON-SINGLE FAMILY RESIDENTIAL (COMMERCIAL) RATE: Type of Use (Non-Single-Family Commercial) -YRTI-�Z02� FY 2023 Non-Single Family Rate (Commercial) $6.12 per--, $7.69 per unit (e) The Public Works Department shall be responsible for determining Impervious Area of property based on reliable data, including the appraisal roll, geographic information system technology, aerial photography, or other reliable means for determining Impervious Area. The Public Works Department may require additional information from the property owner, tenant, manager, or developer to make the determination. The amount of a charge may be revised by the Public Works Department based on any additions to the Impervious Area through the City approved building permit process. (f) No Drainage Utility Charge credit shall be given for the installation of drainage facilities required by the code or state law. SECTION 4. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. SECTION 5. Should any sentence, paragraph, subdivision, clause, phrase or section of this Ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this Ordinance as a whole, or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional, and shall not affect the validity of the Code of Ordinances as a whole. C:\Program Files\Granicus\Legistar5\Packet\2816_City Council_8_30_2022\0014_2_FY 2023 Ordinance Amending Section 55-Storm Water Municipal Drainage Fees.docx SECTION 6. This Ordinance shall take effect on October 1, 2022, at which time the rates described herein will apply to all properties subject to the Drainage Utility Charge. That the foregoing ordinance was read for the first time and passed to its second reading on this the 30th day of August, 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor C:\Program Files\Granicus\Legistar5\Packet\2816_City Council_8_30_2022\0014_2_FY 2023 Ordinance Amending Section 55-Storm Water Municipal Drainage Fees.docx Department of Public Works Drainage Utility Charge Ordinance Amendment Council Presentation • August 30, 2022 Drainage Utility Fee Background • AKA"Storm Water Fee" • Established as a stand-alone utility fee in September 2021 • Went into effect for customers January 1, 2022 • Estimated revenue from current rate: $13.6 million • Current fee was determined while Public Works had no debt obligations • Debt obligations and planned storm water enhancements require a newly leveraged fee for residential and non-residential customers C*ry z STORM WATER FUND FY 2023 PROPOSED BUDGET: $23.3M Inlet Cleaning& Fturd Balance in Millions) Maint. $0.2M Interest$ Inveshuents $1.35M 1�0 $0% 6% ! 04.0 Developer Fees Flood Control $0.1M Mgmt 1/ $1.68M 7% Water Quality Services $1.22M 5% Street Sweeping —— $1.29M 6% i 3 FY 2023-2027 Service Enhancements Forecast STORMWATER FY FY FY FY FY FY • Listed services funded by SERVICES 2022 2023 2024 2025 2026 2027 Storm Water Fee Storm Water Inlet 3.5 1.3 1.3 1.3 1.3 1.3 Cleaning & Maintenancel years years years years years years Vegetation Management ROW Mowing 20x 20x 20x 20x 20x 20x Neighborhoods 2x 2x 2x 3x 4x 4x In-House Street ------ Sweeping Program 2 Collectors 2x 4x 6x 8x lox 12x Arterials 8x 8x lox lox lox 12x Minor Channel(`Bar Ditches") As As 6.0 3.0 3.0 3.0 Cleaning & Maintenancel Requeste Requeste years years years years Major Channel/Natural Creek 2.0 2.0 2.0 2.0 2.0 2.0 Way Restoration & Maintenancel years years years years years years Note:(1) Cycle length;(2)Cycles per year. 4 FY 2023 -2027 Five-Year Forecast Fund 4300 - Storm Water Fund FY 2022 FY 2023I I I . FY 2027 Base Program $ 16.0M $ 19.79M $ 23.36M $ 28.34M $ 32.02M $ 34.92M Improvements $ 2.00M $ 3.57M $ 4.98M $ 3.68M $ 2.90M $ 4.91M $ 4.59 $ 5.77 $ 6.76 $ 7.74 $ 8.69 $ 9.63 Residential Rate $ 6.12 $ 7.69 $ 9.01 $ 10.32 $ 11.59 $ 12.84 Residential Rate $ 10.71 $ 13.46 $ 15.77 $ 18.06 $ 20.28 $ 22.47 $ 6.12 $ 7.69 $ 9.01 $ 10.32 $ 11.59 $ 12.84 ' per ERU per ERU per ERU per ERU per ERU per ERU * ERU= Equivalent Residential Unit 5 Recommendations Staff recommends approving the amended Drainage Utility Fee as presented. so �o o� A H AGENDA MEMORANDUM WoRPORPg4 Public hearing and First Reading for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Gabriel Hinojosa, Interim-Public Works Director Gabriel H(a)-cctexas.com 361-826-1877 Ordinance Amending Section 49-112, Right of Way Management Fees, of the City Code of Ordinances to adopt a Consolidated Fee Schedule for Right Of Way Management CAPTION: Ordinance amending Chapter 49, Article VIII, Management of Right of Way of the Corpus Christi Code to adopt a consolidated fee schedule for Right of Way management and providing an effective date SUMMARY: This item will amend Section 49-112, Right of Way Management Fees, of the City Code of Ordinances to consolidate a fee schedule for right-of-way management. BACKGROUND AND FINDINGS: The City of Corpus Christi is charged with maintaining control of and access to the right of way to protect the health, safety and welfare of its citizens. It is desirable to adopt fees that will provide the City greater control over permits and review of proposed construction activity in right of way. Substantial public funds have been invested to build, maintain and repair the City streets and sidewalk. It is desirable to adopt regulations and fees that protect the structural integrity and safeguard the value of the public investment for the benefit of City residents. The consolidated fee schedule includes a description of all new fees, existing fees that have been updated, and existing fees that shall be maintained as part of for Right of Way management. New • Right of Way (ROW) Operator Registration Fee: Proposed to establish a fee of forty-five dollars ($45.00) per right-of-way user per year for processing registration information. • Emergency Permit Application Fee: Propose to establish a permit application fee of one- hundred forty-five dollars ($145.00) for emergency or expedited permits. The fee includes one inspection. • Planned Right of Way (ROW) Fee: Propose to establish a tiered fee to address planned street excavations. The tier rate shall be based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. o Tier 1: Sixty dollars ($60) per day- anticipated number of days to complete work 0- 60 days. o Tier 2: Ninety dollars ($90) per day- anticipated number of days to complete work 61-120 days. o Tier 3: One-hundred twenty dollars ($120) per day- anticipated number of days to complete work 121-180 days. o Tier 4: One-hundred fifty dollars ($150) per day- anticipated number of days to complete work >180 days. • Re-Inspection Fee: Propose to establish a re-inspection fee of seventy-five dollars ($75) per hour if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of one hundred dollars ($100.00) per hour after business hours, on weekends, and holidays. • Violation Fee or Non-Compliance Fee: Propose to establish a fee of fifteen hundred dollars ($1500) per day to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. • Traffic Plan Review Fee: Propose to establish a fee for the review of construction plans as part of a private development shall be assessed based on the following tier system: o Level 1: Two-hundred and four ($204) dollars for developments < 1 acre. o Level 2: Two-hundred and fifty-six ($256) dollars for developments between 1- 5 acres. o Level 3: Four-hundred and fifty-nine ($459) dollars for developments > 5 acres. • Traffic Study Fee: Propose to establish a fee for the review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed based on the following tier system: o Level 1: Four hundred ($400) dollars for developments < 1 acre. o Level 2: Seven hundred ($700) dollars for developments between 1- 5 acres. o Level 3: Nine hundred ($900) dollars for developments > 5 acres. Revised • Permit Application Fee: Propose to consolidate all application fees to ninety-five ($95) dollars. Previous fee schedule included two separate rates of either eighty-five ($85) and ninety-five ($95) dollars. • Barricade Fee: Propose to consolidate and increase fees for the closure (barricading with traffic control devices) of city streets (including sidewalks and alleys) to $0.0629 per sq. ft. per day. Existing • Parking Meter Removal or Bagging Fee: Recommend maintaining a one-time fee for each parking meter removed or temporarily bagged of twenty-eight dollars and fifty cents ($28.50). • Pavement Cost Recovery Fee: Recommend maintaining the current calculation used for reimbursement to the city to account for the decrease in the useful life of a street caused by excavation. ALTERNATIVES: The alternative would be to deny the proposed fee schedule. FISCAL IMPACT: There is no fiscal impact for this item. RECOMMENDATION: Staff recommends approval of the ordinance to amend Section 49-112 of the Corpus Christi Code to adopt a consolidated fee schedule for Right of Way Management, repealing conflicting provisions.. LIST OF SUPPORTING DOCUMENTS: • Ordinance Ordinance amending Chapter 49, Article VIII, Management of Right of Way of the Corpus Christi Code to adopt a consolidated fee schedule for Right of Way management and providing an effective date. WHEREAS, substantial City staff time is required to review plans, conduct site inspections, issue permits and approve work in the area of City right-of-way management; and WHEREAS, it is the intent of the City to consolidate all right-of-way management fees in one new section of the City Code to make it more efficient for customers and city right-of-way management personnel. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: SECTION 1. The Corpus Christi Code of Ordinance, Chapter 49 is amended to add Section 49-112 to read as follows: "Sec.49-112 Right of Way Management Fees. This section sets the amounts of the fees required by the Corpus Christi Code for Right of Way Management. A. Right of Way (ROW) Operator Registration Fee. There is a fee of $45.00 per right-of-way user per year for processing registration information, which fee will be collected upon registration. B. Permit Application Fee. There is a permit application fee of $95.00 for each right-of-way application. Permits shall be issued or denied within thirty (30) business days of complete application submittal. The fee is paid by an applicant upon application. The fee includes one inspection. C. Emergency Permit Application Fee. There is a permit application fee of$145.00 for emergency or expedited permits. The fee is paid by an applicant upon application. The fee includes one inspection. D. Planned Right of Way (ROW) Fee. Excavations in City right-of-way are subject to the ROW Operator Fee, Permit Application Fee, and daily fee planned right- of-way fee per day per project permit. The planned right-of-way fee shall be subject to a tier rate that is based on the number of days estimated by the applicant in the application. In the event the excavation takes longer than the days estimated, the applicable tier rate shall be applied to the total number of days required to complete the project. The fee is paid by an applicant prior to permit issuance. 1 . Tier 1 : $60.00 per day- anticipated number of days to complete work 0-60 days. 2. Tier 2: $90.00 per day- anticipated number of days to complete work 61- 120 days. 1 3. Tier 3: $120.00 per day- anticipated number of days to complete work 121- 180 days. 4. Tier 4: $150.00 per day- anticipated number of days to complete work >180 days. E. Barricade fees. Closure of city streets (including sidewalks and alleys) shall be assessed on a per square foot of closure per day $0.0629. The fee is paid by an applicant prior to permit issuance. F. Parking Meter Removal or Bagging Fee. There is a one-time fee for each parking meter removed or temporarily bagged of $28.50. The fee is paid by an applicant prior to permit issuance. G. Pavement cost recovery (PCR) fee. This reimbursement to the city is due prior to permit issuance and is collected to account for the decrease in the useful life of a street caused by excavations and is based on the Mid-American Regional Council Degradation Cost Recovery Method. 1 . Pavement cost recovery fee calculation. Is calculated by multiplying unit cost (per square yard) for street construction/reconstruction, overlays and seal coats by depreciation rate for each maintenance type and the area of influence of the cut. The area of influence adjacent to the trench is equal to the area of the cut plus three (3) feet on each side (in square yards). All damage(s) caused directly or indirectly to the street surface or subsurface outside the pavement excavated area shall be regarded as a part of the excavation repair area. This includes any holes drilled into the pavement and not properly plugged, as well as damages caused by work equipment. These areas, as established by the director, will be included in the total area to be repaired. 2. The PCR fee is calculated by multiplying: Each street maintenance unit cost ($/SY) X Area of influence (SY- actual cut dimensions plus three feet on each side) X Depreciation factor (account for the age of the maintenance). Example Calculation: Collector Street constructed 10 years ago (unit cost $90.12/SY); sealed 3 years ago (unit cost $6.06/SY); actual size of cut - 5' x 5' square; area of influence - 11' x 11' (13.44 SY). Depreciation value of 10-year-old street construction = 0.79. Depreciation value of 3-year-old seal = 0.4 Cost Recovery Fee for Construction = $90.12 X 13.44 X 0.79 = $956.86 Cost Recovery Fee for Seal = $6.06 X 13.44 X 0.4 = $32.58 Total Cost Recovery Fee = $956.86 + $32.58 = $989.44 2 Unit costs for each street maintenance type (construction/reconstruction, overlay, and seal) shall be updated annually by the Public Works Department and shall be based on the current market costs of construction/reconstruction, overlay, and seal work. H. Re-Inspection fee. A re-inspection fee of $75 per hour shall be assessed if repairs to the ROW do not pass initial inspection. Overtime inspection fees are incurred at a rate of $100.00 per hour after business hours, on weekends, and holidays. The fee is paid by an applicant prior to inspection. I. Non-Compliance Fee. A fee of $1500 per day shall be assessed to the violator for any work performed without a permit, for any permit that has not been extended before its expiration date, and for any permit wherein work has not been completed by the expiration date provided for in the permit. The fee shall be paid within timeframe provided on notice from the city. J. Traffic Plan Review Fee. Review of construction plans as part of a private development shall be assessed and paid by an applicant upon application based on the following tier system: 1 . Level 1: Two-hundred and four ($204) dollars for developments < 1 acre. 2. Level 2: Two-hundred and fifty-six ($256) dollars for developments between 1- 5 acres. 3. Level 3: Four-hundred and fifty-nine ($459) dollars for developments > 5 acres. K. Traffic Study Fee. Review of traffic studies for private developments including traffic impact analyses, urban transportation plan amendments, and access management shall be assessed and paid by an applicant upon application based on the following tier system: 1 . Level 1. $400 for developments < 1 acre. 2. Level 2. $700 for developments between 1- 5 acres. 3. Level 3. $900 for developments > 5 acres. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for this purpose. SECTION 3. All provisions of the ordinances of the City of Corpus Christi in conflict with the provisions of this ordinance be, and the same are hereby, repealed, and all other provisions of the ordinances of the City of Corpus Christi not in conflict with the provisions of this Ordinance shall remain in full force and effect. To the extent the fees identified in this ordinance conflict with another section of the Corpus Christi Code, the fees in this section prevail and control. SECTION 4. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. 3 SECTION 5. This ordinance takes effect upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 4 Public Works Department I -* — Chapter 49-112 Amendment (Consolidated Fee Schedule for Right of Way Management) Council Presentation ink August 30, 2022 ,�r Background Department of Public Works (PW) Responsibilities: o Maintenance & Management of City Right-of-Way (Streets, Alleys, Sidewalks, and Stormwater Infrastructure) o Review of Permits, Construction Plans, and Traffic Studies o Issuance of Permits to Perform Construction and Excavation Activity Findings Right-of-Way Management Fees : o Designated in Two Separate Chapters of Ordinance (Chapter 49 & 53) o Required Re-Evaluation o Clarify Existing Fees o Establish Fees for New Services o Consolidate Fee Schedule Staff Recommendations Right-of-Way Management Fees : o Designated in Two Separate Chapters of Ordinance (Chapter 49 & 53) o Required Re-Evaluation o Modernize Existing Fees o Establish Fees for New Services o Consolidate Fee Schedule Staff Recommendations FEE CHANGE RATE Right of Way(ROW)Operator Registration New $45/Per Applicant Emergency Permit Application New $145/Per Permit Application $60/Day(0-60 Days) Planned Right of Way(ROW) New $90/Day(61-120 Days) $120/Day(121-180 Days) $150/Day(>180 Days) Re-Inspection $75(Business Hours) New $100 (Overtime,Holidays,Weekends) Violation or Non-Compliance New $1500/Day $204(Developments<1 acre) Traffic Plan Review New $256(Developments 1-5 acres) $459(Developments>5 acres) $400(Developments<1 acre) Traffic Study New $700(Developments 1-5 acres) $900(Developments>5 acres) Permit Application Revised $95/Per Permit Application Barricade Revised $0.0629/Sq Ft/Day Parking Meter Removal or Bagging Existing $28.50 Each PCR=Each street maintenance unit cost($/SY)X Pavement Cost Recovery(PCR) Existing Area of influence(SV-actual cut dimensions plus (Unit Costs Updated Annually by PM three feet on each side)X Depreciation factor (account for the age of the maintenance) 5 Public Works Department O Questions? SC „owPa„a,4a AGENDA MEMORANDUM 1852 First Reading Ordinance for the City Council Meeting of August 30, 2022 Second Reading Ordinance for the City Council Meeting of September 6, 2022 DATE: August 1 , 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operating Officer, CC Water MichaelMur(a)cctexas.com (361) 826-3556 Ordinance adjusting treated water rates for public agency wholesale customers CAPTION: Ordinance amending Section 55-50(a)(2)(e) of the Corpus Christi Code of Ordinances regarding Resale Treated Water Rates to wholesale customers outside of City limits; and establishing an effective date of January 1 , 2023. PURPOSE: To amend the Code of Ordinances for the revision of treated rates for public agency customers that are under contract for one-year rate adjustments. BACKGROUND AND FINDINGS: The City of Corpus Christi has treated water and/or raw water supply agreements with area public agencies including South Texas Water Authority (STWA), San Patricio Municipal Water District (SPMWD), Nueces County Water Control and Improvement District No. 4 (NCWCID#4), and the Violet Water Supply Corporation (Violet WSC). These Public Agency for Resale (PAR) customers are considered wholesale customers as they serve communities outside the city limits of Corpus Christi. According to these agreements, the raw water cost adjustment (RWCA) as well as treated water rates will be calculated on an annual basis. The PAR customers are provided a summary of proposed rate changes and rate model to review and request additional information prior to City Council action. The PAR customers have voiced no opposition to the rate adjustments included in this ordinance. The price to be charged for treated water sold to the noted public agencies is the published rate for water service established by this ordinance, including the PAR treated water volume rates for water delivered through City-owned facilities. These rates, effective January 1 , 2023, have increased minimally for SPMD and STWA because of true-ups for under-recovery of actuals to budgeted amounts in FY2021 . The rate for NCWID#4 and Violet WSC has decreased slightly due to lower network expenditures budgeted in FY2022 than actuals in FY2021 . The FY 2022-2023 budget includes estimates of revenues generated from the proposed rates necessary to cover existing operating costs and/or fund specific projects. ALTERNATIVES: N/A FINANCIAL IMPACT: Revenues generated from the proposed rates cover the cost of service to provide treated water to PAR customers and have been included in the FY23 Water Fund operating budget. These rates, effective January 1 , 2023, have increased minimally because of the annual true-up for under-recovery of actual to budgeted amounts in FY2021 . Annual demand for PAR customers have been adjusted for take-or-pay agreements effective January and June 2023. Revenues FY22 FY23 Raw Water - PAR customers $17,750,000 $12,900,000 Treated Water— PAR customers $ 7,500,000 $ 7,465,000 RECOMMENDATION: Staff recommends approval of the Ordinance as submitted. LIST OF SUPPORTING DOCUMENTS: Ordinance Exhibit A — Summary of Rate Adjustments Ordinance amending Section 55-50(a)(2)(e) of the Corpus Christi Code of Ordinances regarding Resale Treated Water Rates to wholesale customers outside of City limits; and establishing an effective date of January 1, 2023. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Corpus Christi Code of Ordinances, Chapter 55 "UTILITIES," Article III "Water Rates and Charges," Section 55-50 "Schedule," subsection (a)(2)(e) is amended by adding the following language that is underlined (added) and deleting the language that is stricken (deleted) as delineated below: Sec. 55-50 Schedule (a) Base rates for water service. The rates for water service are as follows: (2) Monthly volume charges per 1,000 gallons. e. Resale treated water rates. 1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: Effective January 1, 2023 First 2,000 Gallons Minimum* Over 2,000 Gallons $4-.241.28 *Use the minimum charges in subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through city facilities are hereby set as follows: Effective January 1, 2023 First 2,000 Gallons Minimum* Over 2,000 Gallons $4-.741.71 *Use the minimum charges in subsection (a)(1). SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. 1 SECTION 3. This ordinance takes effect on January 1, 2023. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 2 Exhibit A - Summary of Rate Adjustments Public Agency for Resale 7/25/2022 CURRENT PROPOSED 1/1/2022 1/1/2023 Raw Water (Treated wholesale) Rate payer rate (1-yr) 0.85 0.98 Development charge 0.05 0.05 TOTAL 0.90 1.03 %increase 14% $increase 0.13 Resale Treated (STWA, SPMWD) Raw diversion 0.09 0.10 Treatment 1.12 1.19 TOTAL 1.21 1.28 %increase 6% $increase 0.07 Resale Treated, Delivered (NCWID#4-Port A, Violet) Raw diversion 0.09 0.10 Treatment 1.12 1.19 Network 0.56 0.42 TOTAL 1.77 1.71 %increase -4% $increase (0.07) FISCAL YEAR 2022-2023 �°"`use""a a�a PROPOSED % VI ate OPERATING - - BUDGET PRESENTED Tp CITY CDUNCIL pN JULY 2G Ordinance Amending CITY OF CORPUS CHRISTI CITY MANAGER Section 0 PETER ZANONI , Treated Water Rates for Public Agency Wholesale Customers x M Y, a August 2023 Wholesale Water Rate Adjustments Effective January 2023 — December 2023 Public Agency/ Measure Current Proposed Wholesale Cus F-J change Raw Water Per 1000 gallons $0.90 $1.03 14% iiiiiiiiiiiiiiiiiiiiiillillillillillillilliillillillillillillilliillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillillillillillillillillillillilliillillillillillillilliillillillillillillilliillilI STWA, SPMWD Treated Per 1000 gallons $1.21 $1.28 6% Port Aransas, Violet Treated Per 1000 gallons $1.77 $1.71 -4% 2 �ypUS C O O� AGENDA MEMORANDUM ciss2` First Reading Ordinance for the City Council Meeting of August 30, 2022 Second Reading Ordinance for the City Council Meeting of September 6, 2022 DATE: August 1 , 2022 TO: Peter Zanoni, City Manager FROM: Michael Murphy, Chief Operating Officer, CC Water MichaelMuMichaelMur�cctexas.com (361) 826-3556 Interim Average Usage for New Residential Wastewater Customers CAPTION: Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to revise the definition and calculation method for the Interim Residential Average Usage for residential wastewater charges. SUMMARY: This amendment will provide for an annual calculation of an `interim residential average usage'. This calculation is used to determine wastewater charges for residential customers establishing new service that do not have billing history to calculate a current winter quarter average. BACKGROUND AND FINDINGS: Wastewater charges for the residential customers are based on a Winter Quarter Average which is calculated based on the average usage over three (3) consecutive billing cycles after December 1 each year. The winter quarter average is then used to calculate monthly wastewater charges, which remains the same for 12 consecutive months or until a new winter quarter average is calculated. When new residential accounts are established for customers who have not established a winter quarter average, the `interim average' of 3,000 gallons per month is used for wastewater charges as per ordinance. Based on 2021-2022 winter quarter average data, the residential average is 4,653 gallons. By using an interim average that is lower than the actual interim average, revenue is reduced for new account holders for up to 12 months or until a winter quarter average is calculated. There are approximately 1 ,000 new accounts set up on a monthly basis. This amendment will define and provide for an annual calculation of an `interim residential average usage' to apply to residential customers establishing new wastewater service that do not have billing history to calculate a current winter quarter average. This City Council action does not impact the wastewater rate for residential or commercial customers. PROCUREMENT DETAIL: N/A ALTERNATIVES: Do not change the definition of the `Interim average usage' of 3,000 gallons. FISCAL IMPACT: Using a lower than actual `interim average usage' potentially lowers residential wastewater revenue with each new account. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the ordinance. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance amending Section 55-100 of the Corpus Christi Code of Ordinances to revise the definition and calculation method for the Interim Residential Average Usage for residential wastewater charges. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Corpus Christi Code of Ordinances, Chapter 55 "UTILITIES," Article VII "Wastewater Rates," Section 55-100 "Schedule," subsection (b) is amended by adding the following language that is underlined and deleting the language that is stricken (deleted) as delineated below: Sec. 55-100 Schedule (b) By May 1, 2020, the amount of water used to compute the monthly bills for wastewater service to one-family residential customers shall be computed on the basis of the "winter quarter average usage" that is calculated pursuant to this subsection and every year thereafter. (1) Definitions. a. Winter quarter averaging wastewater charge period: The period of water and wastewater service during the three (3) preceding winter quarter months of December, January and February. The initial winter quarter averaging wastewater charge period occurs during the months December 2019 through March 2020. b. Winter quarter average usage:The monthly wastewater usage established by the city during the "winter quarter averaging wastewater charge period" based upon the customer's thirty-day average water consumption during that period. c. Interim residential average usage:The monthly wastewater usage established by the city for individual customers who have not established a "winter quarter average usage". The "interim average" is calculated annually based on the average "winter quarter average usage" for all residential customers during the "winter quarter averaging wastewater charge period" as determined each year twee thG SaR d (3,999) ga"Gnc Pee MGRt4, and is the basis for monthly wastewater charges until a "winter quarter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service area: The geographic region served by the city's wastewater system. (2) Winter quarter average criteria. a. The customer must receive wastewater service at one (1) location during the entire winter quarter averaging wastewater charge period in order to establish a "winter average usage". 1 b. "Winter quarter average usage" charges shall apply to one-family residential customers only. c. The following method will be used to calculate the customer's "winter quarter average usage": 1. Add the customer's water consumption during the winter quarter averaging wastewater charge period to determine total winter quarter consumption. 2. Divide total winter quarter consumption amount by the number of days between the reading in December and the latest reading in March to determine the average daily usage. In the event a reading in December does not exist, the most recent prior reading will be utilized. 3. Multiply the average daily usage by thirty (30) to determine winter quarter average usage. Such winter quarter average usage shall be limited to a maximum of twenty-five thousand (25,000) gallons. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance. For it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. This ordinance takes effect upon passage. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma 2 That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor 3 FISCAL YEAR 2022-2023 �°"`use""a a�a PROPOSED % VI ate OPERATING - - BUDGET PRESENTED Tp CITY CDUNCIL pN JULY 2G Coastal Bend CITY OF CORPUS CHRISTI Ordinance CITY MANAGER Section 100 PETER ZANONI , Interim Average Usage for r�1 ' Residential I ' I ' u Customers s r x 2 August A � �s Proposed Update for Interim Average Usage Effective October 1, 2022 ARTICLE VII. WASTEWATER RATES (1) Definitions. (c) Interim ^esidential average usage The monthly wastewater usage established by the city for individual customers who have not established a AAwinterquarter average usage': The "interim residential average" is calculated annually thFee theHsaFld , and is the basis for monthly wastewater charges until a ItAwinter quarter average usage" as defined in subsection (b)(1)b. of this section is established for the individual customer. z mus c� G� U AGENDA MEMORANDUM NGRPH FZ E 1852 Public Hearing/First Reading for the City Council Meeting of August 30, 2022 Second Reading Ordinance for the City Council Meeting of September 6, 2022 DATE: August 8, 2022 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and Ordinance of the Proposed FY 2022-2023 Budget CAPTION: Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2022-2023, beginning October 1, 2022; authorizing personnel complements; providing for a copy to be filed with the County Clerk; appropriating funds as provided in the budget; and adopting the Infrastructure Management Plan. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed amended expenditures of$1,092,829,108 and total proposed amended revenues of$1,040,233,151 which includes an increase of$16,365,789 in property tax revenues over the prior year for operating. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing amended expenditures of$1,0492,829,108 and total proposed amended revenues of$1,040,233,151 which includes an increase of$16,365,789 in property tax revenues over the prior year for operating. This budget will raise more total property taxes than last year's budget by $16,365,789 or 11.3% (General Fund $4,102,920, Debt Service Fund $10,066,879, Residential Street Reconstruction Fund $1,120,015, and Tax Increment Reinvestment Zones $1,075,978), and of that amount an estimated $2,959,040 is tax revenue to be raised from new property added to the tax roll this year. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed expenditures are $1,092,829,108 and total proposed amended revenues of $1,040,233,151 which includes an increase of$16,365,789 in property tax revenues over the prior year for operating. RECOMMENDATION: Staff recommends approval of the FY2022-2023 Proposed Budget as amended by the schedule of adjustments with expenditures of$1,092,829,108 and total proposed amended revenues of $1,040,233,151 which includes an increase of$16,365,789 in property tax revenues over the prior year for operating. LIST OF SUPPORTING DOCUMENTS: FY 2022-2023 Budget Ordinance Schedule of Adjustments IMP Schedule Ordinance adopting the Corpus Christi Operating Budget for Fiscal Year 2022-2023, beginning October 1, 2022; authorizing personnel complements; providing for a copy to be filed with the County Clerk; appropriating funds as provided in the budget; and adopting the Infrastructure Management Plan. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council an operating budget proposal (Budget Proposal) of the revenues of the City and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning October 1, 2022, and ending September 30, 2023, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, and offices of the City, in accordance with the City Charter provision referenced above; WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper public hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City, the City Council must appropriate such sums of money as provided in the budget. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Corpus Christi Operating Budget, covering proposed expenditures of $1,040,233,151 and estimated revenues of $1,092,829,108 for the fiscal year (FY) beginning October 1, 2022, and ending September 30, 2023 (FY 2022-23), as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. Upon the passage of this ordinance, certain sums of money from all sources of City revenues, as described in the Operating Budget, shall be and are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Operating Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions: The number of positions authorized for each police officer classification in the Police Department shall be: Police officer and senior police officer - 427* Police Lieutenant - 39 Police Captain - 16 Deputy Chief- 5 Assistant Police Chief- 3 Police Chief- 1 FY 2022-23 TOTAL 491 *These positions are interchangeable. Any police officer may become a senior police officer after 60 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. Page 1 of 5 SECTION 4. Police Defunding Bill HB 1900: The City Council established that the Police Department adopted budget was $80,933,540 for FY 2019-20, $77,383,274 for FY2020-21, and $81,570,124 for FY2021-22. The Police Department budget for FY 2022-23 is hereby established to be $97,823,439. Therefore, the City Council finds and declares that the City of Corpus Christi is not a defunding municipality as provided in Chapter 109 of the Texas Local Government Code. SECTION 5. Firefighter Positions: The number of positions authorized for each firefighter classification in the Fire Department shall be: Firefighter I - 106* Firefighter 11 — EMS - 169 Firefighter 11 — Engineer - 73 Fire Captain - 79 Battalion Chief- 13 Assistant Fire Chief- 4 Deputy Fire Chief- 1 Fire Chief- 1 FY 2022-23 TOTAL 446 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to budgeted total through attrition. SECTION 6. The number of City-funded personnel positions (excluding grant funded positions) in all City-funded departments shall not exceed the total number by indicated fund, as set forth in the FY 2022 -2023 Operating Budget. SECTION 7. As authorized by Texas Government Code Section 1502.003, the City Council finds and determines that it is in the best interest of the City to create and maintain one or more combined systems. "Combined system" means any combination of one or more of the following: water system, sewer system, solid waste disposal system, drainage utility system, and a natural gas system. SECTION 8. Upon final passage of this budget ordinance, a true and certified copy of this Operating Budget shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The Operating Budget shall also be part of the archives of the City. SECTION 9. The official holidays for City employees eligible for benefits for FY 2022-23 are as follows: Thanksgiving Day November 24, 2022 Day After Thanksgiving Day November 25, 2022 Christmas Day December 26, 2022 New Year's Day January 2, 2023 Martin Luther King, Jr. Civil Rights Day of Service January 16, 2023 Memorial Day May 29, 2023 Juneteenth June 19, 2023 Page 2 of 5 Independence Day July 4, 2023 Labor Day September 4, 2023 Floating Holiday* May be used only for religious or cultural holidays or a City Closure Day. *All City employees eligible for benefits will receive one floating holiday for FY 2022-23 in addition to the City's regular paid holidays. This floating holiday may only be used for religious or cultural holidays or a City Closure Day. SECTION 10. In addition to holiday closures, City offices as designated by the City Manager, will be closed on December 27th, 28th, 29th, and 30th, 2022, for Winter Break. Winter Break days are not paid holidays for closed offices, and employees of closed offices shall not be paid for Winter Break days, except for time worked. Employees of closed offices may use their personal leave, vacation accruals, or floating holiday to receive pay during Winter Break days. Corpus Christi Code Section 39-328(a) is waived to the extent necessary to allow new hires to use vacation leave during Winter Break days. SECTION 11. The pay grades and ranges for positions in Pay Plan 100, Pay Plan 200, and Pay Plan 300 for FY 2022-23 are as follows: Pay Plan 100 FLSA Overtime Eligible Grades Minimum Midpoint Maximum 101 $27,627 $36,248 $45,269 102 $29,008 $38,061 $47,532 103 $30,458 $39,963 $49,909 104 $31,980 $41,961 $52,404 105 $33,580 $44,060 $55,024 106 $35,259 $46,262 $57,776 107 $37,022 $48,575 $60,664 108 $38,872 $51,005 $63,697 109 $40,817 $53,555 $66,882 110 $42,857 $56,233 $70,227 111 $45,000 $59,044 $73,738 112 $47,249 $61,996 $77,425 113 $49,612 $65,096 $81,296 114 $52,094 $68,351 $85,361 115 $54,698 $71,768 $89,628 116 $57,433 $75,357 $94,111 117 $60,304 $79,125 $98,817 118 $63,319 $83,081 $103,758 119 $66,485 $87,235 $108,945 120 $69,809 $91,597 $114,393 Page 3 of 5 Pay Plan 200 FLSA Overtime Ineligible Grades Minimum Midpoint Maximum 201 $37,267 $49,167 $61,067 202 $39,130 $51,626 $64,120 203 $41,087 $54,207 $67,326 204 $43,142 $56,917 $70,693 205 $45,299 $59,764 $74,228 206 $47,563 $62,750 $77,938 207 $49,942 $65,888 $81,836 208 $52,439 $69,183 $85,927 209 $55,061 $72,642 $90,224 210 $57,814 $76,275 $94,735 211 $60,705 $80,088 $99,473 212 $63,741 $84,092 $104,445 213 $66,927 $88,297 $109,668 214 $70,274 $92,712 $115,151 215 $73,786 $97,347 $120,908 216 $77,476 $102,214 $126,953 217 $81,349 $107,325 $133,300 218 $85,416 $112,691 $139,965 219 $89,688 $118,326 $146,963 220 $94,172 $124,242 $154,311 Pay Plan 300 FLSA Overtime Ineligible Grades Minimum Midpoint Maximum 307 $79,390 $104,740 $130,092 308 $83,361 $109,376 $136,596 309 $87,526 $114,843 $143,423 310 $91,905 $121,250 $150,597 311 $96,500 $127,313 $158,127 312 $101,325 $133,678 $166,033 313 $106,391 $140,363 $174,334 314 $111,710 $147,379 $183,049 315 $117,295 $154,749 $192,203 316 $123,160 $162,486 $201,812 317 $129,318 $170,611 $211,903 318 $135,784 $179,141 $222,499 319 $142,574 $188,099 $233,624 320 $149,702 $197,503 $245,304 321 $156,000 $205,920 $255,840 322 City Manager- No Range Page 4 of 5 SECTION 12. The attached "Five-Year Infrastructure Management Plan for FY 2022 — FY 2026, with its base funding level included for Fiscal Year 2021-2022, is hereby approved. SECTION 13. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision in this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma The foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 5 of 5 Schedule of Adiustments City of Corpus Christi Amendments to the FY 2022-2023 Proposed Budget TOTAL PROPOSED REVENUES $ 1,030,237,396 TOTAL PROPOSED EXPENDITURES $ 1,083,602,290 GENERALFUND General Fund - 1020 Proposed Revenues $ 308,842,178 Adiustments: Adjusted Advalorem Taxes - current (907,391) Industrial District - In-lieu 805,911 Total Adjusted Revenues 308,740,698 Proposed Expenditures $ 331,548,884 Adiustments: Lease Purchase Payments - move to Debt Service (3,913,539) Adjusted Solid Waste Lease Purchase payments (no savings from composting until FY 2024) 598,342 Transfer to Residential Streets - Property Taxes ($.04 per $100 valuation,True-up after final) 545,485 Transfer to Residential Streets - (1% of General Fund Revenue per Financial Policy) (16,934) Transfer to Street Maintenance Fund (6% of General Fund Revenue per Financial Policy) (97,860) Adjustment for two Constituent Relations Support positions for City Council 135,270 Adjusted Park&Recreation maintenance for repair work on St. Andrews Park tennis courts 25,000 Adjusted Salinas Park funding for lighting and trail improvements (design services) 100,000 Adjusted funding for Homeless outreach with Partner Agencies through competitive bid process 100,000 Adjusted to move Economic Development position from Street Fund 108,431 Transfer to Storm Water CIP Fund for North Beach drainage improvements 2,000,000 Bike Path Master plan refresh 100,000 Transfer to Information Technology Fund for Wi-Fi at 13 new locations 212,525 Adjusted City Council car allowance for the 3 At-Large Councilmembers 1,800 Total Adjusted Expenditures —]-331,447,404 ENTERPRISE FUNDS Water Fund -4010 Proposed Expenditures $ 144,804,576 Adiustments: Adjustment for an additional Water Resource Specialist Position $ 70,000 Total Adjusted Expenditures 144 EEd SPECIAL REVENUE FUNDS Hotel Occupancy Tax Fund - 1030 Proposed Expenditures $ 19,464,840 Adiustments: Adjusted Debt Service payment (to free-up funds for Convention Center repairs) $ (2,097,312) Adjusted Art Projects funding $ 100,000 Transfer to CIP for ABC improvements $ 2,097,312 Total Adjusted Expenditures 19,564 840 Street Maintenance Fund - 1041 Proposed Revenues $ 37,997,360 Adiustments: Transfer from GF (6% of General Fund Revenue per Financial Policy) $ (97,860) Total Adjusted Revenues 37,899 500 Proposed Expenditures $ 46,427,074 Adiustments: Adjustment to move Street Fund position to Economic Development $ (108,431) Adjusted to add expenses for street maintenance fee market study $ 100,000 Adjustment to add expenses for street Wi-Fi signs 20,000 Total Adjusted Expenditures $ 46,438,643 Residential Street Reconstruction - 1042 Proposed Revenues $ 19,972,399 Adiustments: Transfer from GF - Property Taxes ($.04 per $100 valuation,True-up after final) $ 545,485 Transfer from GF - (1% of General Fund Revenue per Financial Policy) $ (16,934) Total Adjusted Revenues $ 20,500,950 Reinvestment Zone No. 2 Fund - 1111 Proposed Revenues $ - Adiustments: Adjusted RIVZ #2 Current Taxes - City $ 3,884,967 Total Adjusted Revenues 3,884,967 Visitors Facilities Fund - 4710 Proposed Expenditures $ 11,093,638 Adiustments: Adjusted Arena Capital $ 1,949,823 Total Adjusted Expenditures 13,043,461 Park Development Fund -4720 Proposed Expenditures $ 540,998 Adiustments: Adjustment to expend all remaining balances from Community Enrichment Fund $ 2,434,584 Total Adjusted Expenditures 2 HEI INTERNAL SERVICE FUND Information Technology Fund - 5210 Proposed Revenues 22,238,550 Adiustments: Adjusted Revenue from GF for Additional Wi-fi Sites 212,525 Total Adjusted Revenues 22,451 075 Proposed Expenditures $ 21,823,367 Adiustments: Adjustment for Additional Wi-fi Sites $ 212,525 Total Adjusted Expenditures 22 035 892 Engineering Fund - 5310 Proposed Revenues 13,236,786 Adiustments: Adjusted Engineering Services - CIP Projects 260,000 Adjusted Public Improvement Inspection Fees 496,258 Total Adjusted Revenues 13,993 044 Proposed Expenditures $ 12,993,444 Adiustments: Adjustment to contracted services for audit of construction projects $ 260,000 Adjustment for addition of Public Improvement Inspectors 496,258 Total Adjusted Expenditures 13,749 702 DEBT SERVICE FUND General Obligation Bond Debt Service Fund - 2010 Proposed Revenues 54,317,608 Adiustments: Adjusted Advalorem Taxes - current 6,910,106 Adjusted Interfund Transfer for Debt (2,097,312) Total Adjusted Revenues 59,130,402 Proposed Expenditures $ 57,770,410 Adiustments: Adjusted Lease Purchase Payments $ 3,913,539 Total Adjusted Expenditures 61 683 949 TOTAL PROPOSED AMENDED REVENUES $ 1,040,233,151 TOTAL PROPOSED AMENDED EXPENDITURES $ 1,092,829,108 City of • • us Christi - Budge Summary of • • Proposed2022 - 2023 Adjusted Original .p. Fund/Department Total Total Changes General Fund Mayor's Office 3.00 3.00 - City Council - - - City Secretary 11.00 13.00 2.00 City Auditor 6.00 6.00 - City Manager and ACMs 14.00 14.00 - Communication: Intergovernmental Relations 2.00 2.00 - Public Information 12.00 12.00 - Call Center 29.00 29.00 - City Attorney 22.00 22.00 - Finance 55.00 56.00 1.00 Management and Budget 11.00 11.00 - Strategic Planning and Innovation 3.00 3.00 Human Resources 20.00 20.00 Municipal Court - Judicial 15.00 15.00 Municipal Court 61.00 61.00 Fire 461.00 461.00 Civilian 15.00 15.00 Sworn Firefighters 446.00 446.00 Police 528.00 528.00 Civilian 120.00 120.00 Sworn Officers 408.00 408.00 Health 50.00 50.00 Library 65.00 65.00 Parks and Recreation 566.00 566.00 Solid Waste 196.00 196.00 Comprehensive Planning 12.00 7.00 (5.00) Neighborhood Services: Neighborhood Services Administration - - - Animal Care 49.00 51.00 2.00 Code Enforcement 27.00 32.00 5.00 Homeless Services 3.00 3.00 - Housing Services 2.00 2.00 - General Fund Total 2,223.00 2,228.00 5.00 Enterprise Funds Water Fund 4010 329.00 330.00 1.00 Gas Fund 4130 167.00 167.00 - City of • • us Christi - Budge Summary of • • Proposed2022 - 2023 Adjusted Original .p. Fund/Department Total Total Changes Wastewater Fund 4200 260.00 260.00 - Storm Water Fund 4300 122.00 122.00 - Airport Fund 4610 86.00 86.00 - Marina Fund 4700 17.00 17.00 - Enterprise Funds Total 981.00 982.00 1.00 Internal Service Funds Contracts and Procurement Fund 5010 30.00 30.00 Asset Management - Fleet Fund 5110 69.00 69.00 Asset Management - Facilities Fund 5115 66.00 66.00 Information Technology Fund 5210 84.00 84.00 - Engineering Services Fund 5310 99.00 103.00 4.00 Risk Management Administration Fund 5613 13.00 13.00 - Health Benefits Administration Fund 5618 6.00 6.00 - Internal Service Funds Total 367.00 371.00 4.00 Special Revenue Funds Hotel Occupancy Tax Fund 1030 11.00 11.00 State Hotel Occupancy Tax Fund 1032 55.00 55.00 3uvenile Case Manager Fund 1037 2.00 2.00 Street Maintenance Fund 1041 160.00 159.00 (1.00) MetroCom Fund 1048 84.00 84.00 Civilian 82.00 82.00 Sworn Officers 2.00 2.00 - Public Health District 1115 Waiver Fund 1049 4.00 10.00 6.00 Development Services Fund 4670 87.00 87.00 - Visitors Facilities Fund 4710 2.00 2.00 - Local Emergency Planning Fund 6060 - 1.00 1.00 Crime Control Fund 9010 78.00 78.00 - Civilian - - Sworn Officers 78.00 78.00 - Special Revenue Funds Total 483.00 489.00 6.00 Operating Positions 4,054.00 4,070.00 16.00 GRANT FUNDED EMPLOYEES SUMMARY OF ADOPTED1POSITIONS Proposed2022 - 2023 Adjusted . . . Fund/Department Code Enforcement 11.00 11.00 - Fire - - - Health District 61.00 61.00 - Parks and Recreation 25.00 25.00 Police 11.00 10.00 (1.00) Neighborhood Services - 12.00 12.00 Total Grant Positions 108.00 119.00 11.00 Operating Positions 4,054.00 4,067.00 13.00 Grant Positions 108.00 119.00 11.00 Total City Positions 4,162.00 4,186.00 24.00 FY 2022-2026 AMENDED IMP Exhibit A YEAR IDISTRICA STREET I FROM • I WORKSOURCE 2022 1 Port N I H 37 Hwy 181 Preservation Concrete Collector 2022 1 Hancock Water Staples S Rehabilitation In House Local 2022 1 Second St Craig Hancock Rehabilitation In House Local 2022 1 Sixth Craig Buford Rehabilitation In House Local 2022 1 Third St Craig Tancahua Rehabilitation In House Local 2022 1 Blades Violet Cliff Crenshaw Water Utility In House Local 2022 1 Brendel Ln Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Butler St Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Cliff Crenshaw Willowood Creek Dead End Rehabilitation In House Local 2022 1 Guess Dr Violet Cliff Crenshaw Rehabilitation In House Local 2022 1 Turkey Creek Rippling Creek Cliff Crenshaw Rehabilitation In House Local 2022 1 Haven Warrior Violet Rd Rehabilitation In House Local 2022 1 Fairfax Fairview Old Robstown Rehabilitation RSRP Local 2022 1 La Branch Wilkins End Reconstruction RSRP Local 2022 1 Randolph La Branch End Reconstruction RSRP Local 2022 1 Mestina Battlin Buc Palm Rehabilitation RSRP Local 2022 1 Palm Dr Up River Rd Antelope Rehabilitation RSRP Local 2022 1 Catfish Teague Dead End Rehabilitation RSRP Local 2022 1 Steamboat Catfish Rolling Ridge Rehabilitation RSRP Local 2022 1 Steamboat Cir Steamboat Dead End Rehabilitation RSRP Local 2022 1 Clear Fork Red River Wood River Rehabilitation RSRP Local 2022 1 Dixon Petty Quaile Rehabilitation RSRP Local 2022 1 Fairview Up River Kenwood Reconstruction RSRP Local 2022 1 Silver Creek Dr Devil's Crk Dr Dead End Reconstruction RSRP Local 2022 1 Balboa Pine Baldwin Rehabilitation SPMP Local 2022 1 Baldwin Port Ave Frontage Rd Rehabilitation SPMP Arterial 2022 1 Port Baldwin Morgan Rehabilitation SPMP Arterial 2022 1 Vernon Dr Dona Dr Dona Dr Rehabilitation SPMP Local 2022 1 Ave D Middle Ln W Buckhorn Water Utility Utility IH Local 2022 1 Live Oak Retama IH 37 Water Utility Utility IH Local 2022 1 Middle Ln Ave C Ave D Water Utility Utility IH Local 2022 1 Redbird Calallen Cornett Water Utility Utility IH Collector 2022 1 Retama Up River IH 37 Water Utility Utility IH Local 2022 2 Catalina Staples S Alameda S Rehabilitation In House Local 2022 2 Delaine Grant Alameda S Rehabilitation In House Local 2022 2 Ft Worth Catalina Wilshire Rehabilitation In House Local 2022 2 Grant Wilshire Alameda S Rehabilitation In House Local 2022 2 Pope Doddridge Wilshire Rehabilitation In House Local 2022 2 Reid Dr Wilshire Doddridge Rehabilitation In House Local 2022 2 Wilshire PI Delaine Catalina Rehabilitation In House Local 2022 2 Elizabeth Ocean Dr Santa Fe Rehabilitation In House Collector 2022 2 Fifth Craig Ayers Rehabilitation In House Local 2022 2 Second St Morgan Craig Rehabilitation In House Local 2022 2 Sixth Ayers St Craig Rehabilitation In House Local 2022 2 Third St Elizabeth Craig Rehabilitation In House Local 2022 2 Brentwood Horne Norton Reconstruction RSRP Local 2022 2 Chenoweth Lawnview Santa Fe Reconstruction RSRP Local 2022 2 Lavaca Mc Ardle Lamont Rehabilitation RSRP Local 2022 2 Ponder Staples Harrison Reconstruction RSRP Local 2022 2 Texas Alameda S Staples Reconstruction RSRP Local 2022 2 Baldwin Port Ave Frontage Rd Rehabilitation SPMP Arterial 2022 2 Weber Rd Staples S Mc Ardle Rd Rehabilitation SPMP Arterial 2022 2 Condee Vanderbilt W Naples Water Utility Utility IH Local 2022 2 Naples Roosevelt Norton Water Utility Utility IH Local 2022 2 Shely Annapolis Naples Water Utility Utility IH Local 2022 2 Vanderbilt W Roosevelt Condee Water Utility Utility IH Local 2022 2 W Clark Clark Houston Water Utility Utility IH Local 2022 2 York Kosar Shely Water Utility Utility IH Local 2022 3 Staples S Holly Rd Williams Preservation Concrete Arterial 2022 3 Alaniz Sokol Sacky Rehabilitation In House Local 2022 3 Alejandro Sacky Sokol Rehabilitation In House Local 2022 3 Bexar Dr Milam Dr Seguin Dr Rehabilitation In House Local 2022 3 Bonham St Sacky Sokol Rehabilitation In House Local 5/12/2022 1 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • I WORK • FUNDING SOURCE 2022 3 Bowie St Sacky Sokol Rehabilitation In House Local 2022 3 Crocket Sokol Dead End Rehabilitation In House Local 2022 3 Johanna Ayers St Richter Rehabilitation In House Local 2022 3 Milam Dr Sokol Dr Bexar Dr Rehabilitation In House Local 2022 3 Navarro Sacky Sokol Rehabilitation In House Local 2022 3 Seguin Dr Sokol Dr Bexar Dr Rehabilitation In House Local 2022 3 Wharton Sacky Sokol Rehabilitation In House Local 2022 3 Kingston Dr Panama Panama Rehabilitation In House Local 2022 3 Panama Carroll Ln Weber Rd Rehabilitation In House Local 2022 3 Champions Boca Raton Pebble Beach Rehabilitation In House Local 2022 3 Nied Champions Donegal Rehabilitation In House Local 2022 3 Pebble Beach Boca Raton Champions Rehabilitation In House Local 2022 3 Sea Island Boca Raton Pebble Beach Rehabilitation In House Local 2022 3 Kingston Dr Weber Panama Water Utility In House Local 2022 3 Bascule Golden Gate Riverton Reconstruction RSRP Local 2022 3 Trestle Golden Gate Dead End Reconstruction RSRP Local 2022 3 Iturbide Airport Guatemozin Rehabilitation RSRP Local 2022 3 Vera Cruz Morgan Zaragosa Rehabilitation RSRP Local 2022 3 Crest Circle Crestridge End Reconstruction RSRP Local 2022 3 Crestmeadow Crestwood Crestforrest Reconstruction RSRP Local 2022 3 Crestridge Kostoryz Crestwood Rehabilitation RSRP Local 2022 3 Crestwood Crestmeadow Cresthill Rehabilitation RSRP Local 2022 3 Dodd Padre Island Dr McArdle Reconstruction RSRP Local 2022 3 Essex Killarmet Pebble Beach Rehabilitation RSRP Local 2022 3 Gabriel Nemec Mc Ardle Rd Reconstruction RSRP Local 2022 3 Green Park Green Point Green Gate Reconstruction RSRP Local 2022 3 Green Pass Green Park End Reconstruction RSRP Local 2022 3 Green Point Bear Lane End Reconstruction RSRP Local 2022 3 Balboa Baldwin Morgan Rehabilitation SPMP Local 2022 3 Congressional Everhart Capitol Rehabilitation SPMP Collector 2022 3 Milo Ayers Richter Rehabilitation SPMP Local 2022 3 Richter St Padre Island Dr Holly Rd Rehabilitation SPMP Collector 2022 3 Sokol Kostoryz Bowie Rehabilitation SPMP Collector 2022 4 Alazan Dr Hustlin'Hornet Dead End Rehabilitation In House Local 2022 4 Baffin Bay Dr Hustlin'Hornet Dead End Rehabilitation In House Local 2022 4 Bird Island Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House Local 2022 4 Ivy Dr Hustlin'Hornet Dr Wilson St Rehabilitation In House Local 2022 4 Penescal Dr Bird Island Dr Dead End Rehabilitation In House Local 2022 4 Point Of Rocks Alazan Dr Dead End Rehabilitation In House Local 2022 4 Redfish Bay Dr Hustlin Hornet Baffin Bay Dr Rehabilitation In House Local 2022 4 Vannoy Dr Alazan Dr Baffin Bay Dr Rehabilitation In House Local 2022 4 Barataria Das Marinas White Cap Rehabilitation In House Local 2022 4 Beaufort Captain Kidd Dead End Rehabilitation In House Local 2022 4 Blackbeard Barataria White Cap Rehabilitation In House Local 2022 4 Bowspirit Captain Kidd Dead End Rehabilitation In House Local 2022 4 Caravel Brigantine St Dead End Rehabilitation In House Local 2022 4 Man 0 War Barataria Dead End Rehabilitation In House Local 2022 4 Mutiny Captain Kidd Dead End Rehabilitation In House Local 2022 4 Yardarm White Cap Blvd Dead End Rehabilitation In House Local 2022 4 Mavis Rossiter Sea View Rehabilitation In House Local 2022 4 Rainbow San Antonio Sea View Rehabilitation In House Local 2022 4 Seaview San Antonio Ocean Rehabilitation In House Local 2022 4 Mermaid Ursa Milky Way Reconstruction RSRP Local 2022 4 Sparkle Sea Roddfield Mermaid Rehabilitation RSRP Local 2022 4 Goldfinch Quetzal Dead End Reconstruction RSRP Local 2022 4 Harry Lansdown Everhart Reconstruction RSRP Local 2022 4 Hewit Dr S Hewit Hewit Rehabilitation RSRP Local 2022 4 Lansdown Wasley Harry Reconstruction RSRP Local 2022 4 Seafoam Caribbean Coral Ridge Reconstruction RSRP Local 2022 4 Aquarius Commodores Das Marinas preservation SPMP Collector 2022 4 Aquarius Topsail Whitecap Rehabilitation SPMP Collector 2022 4 Don Patricio Flour Bluff Dr Waldron Rehabilitation SPMP Collector 2022 4 Gaines Robert Airline Rd Rehabilitation SPMP Collector 5/12/2022 2 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICA STREET I FROM I TO I WORK • 2022 5 Staples S Saratoga Holly Rd Preservation Concrete Arterial 2022 5 Beard Canyon Creek Acushnet Rehabilitation In House Local 2022 5 Boros Nicklaus Dead End Rehabilitation In House Local 2022 5 Canyon Creek Beard Dead End Rehabilitation In House Local 2022 5 Greensboro Acushnet Weiskopf Rehabilitation In House Local 2022 5 Nicklaus Boros Dead End Rehabilitation In House Local 2022 5 St Tropez Annemasse Montereau Rehabilitation In House Local 2022 5 Weiskopf Cir Weiskopf Ln Dead End Rehabilitation In House Local 2022 5 Weiskopf Ln Acushnet Greenboro Rehabilitation In House Local 2022 5 Annemasse St Yorktown Blvd St Denis St Rehabilitation In House Local 2022 5 Avignon Montereau Dead End Rehabilitation In House Local 2022 5 Bellac Montereau Dead End Rehabilitation In House Local 2022 5 Brine St Cimarron Montereau Rehabilitation In House Local 2022 5 Calais Montereau Dead End Rehabilitation In House Local 2022 5 Italia St Lourdes Milan Rehabilitation In House Local 2022 5 Lourdes Annemasse Dead End Rehabilitation In House Local 2022 5 Milan St St Denis Dead End Rehabilitation In House Local 2022 5 Lethaby Lipes Dead End W Rehabilitation In House Local 2022 5 Bent Trail Fox Run Opengate Reconstruction RSRP Local 2022 5 Cedar Springs Oso Pkwy Dead End Reconstruction RSRP Local 2022 5 Lethaby Lipes Dead End Reconstruction RSRP Local 2022 5 Northgate Crossvalley Timbergate Reconstruction RSRP Local 2022 5 Yorkshire Dr Yorktown Blvd Lethaby Reconstruction RSRP Local 2022 5 Airline Roddfield Woolridge Preservation SPMP Arterial 2022 5 Sanders Dr Grand Junction Saratoga Rehabilitation SPMP Collector 2022 DT Gulden Surfside Dead End Rehabilitation In House Collector 2022 DT Gulfbreeze Sandbar Gulfspray Rehabilitation In House Local 2022 DT Gulfspray Surfside Dead End Rehabilitation In House Collector 2022 DT Hayes Surfside Dead End Rehabilitation In House Local 2022 DT Neal Surfside Dead End Rehabilitation In House Local 2022 DT Reef Ave Surfside Dead End Rehabilitation In House Local 2022 DT Broadway Middle Schatzell Lawrence Rehabilitation SPMP Collector 2022 DT Peoples St&T-Head Lower Broadway T-Head Loop Rehabilitation SPMP Collector 2022 DT Schatzell Shorline Lower Broadway Rehabilitation SPMP Collector 2023 1 Southern Minerals Up River Rd I H 37 Preservation Concrete Arterial 2023 1 Benys Leopard Skyline Rehabilitation In House Collector 2023 1 Hall Benys Padre Island Dr Rehabilitation In House Local 2023 1 Birdwood(Cir E) Birdwood Ln Dead End Rehabilitation In House Local 2023 1 Birdwood(Cir W) Birdwood Ln Dead End Rehabilitation In House Local 2023 1 Birdwood Ln Violet Rd White Oak Rehabilitation In House Local 2023 1 Fleetwood Leopard Timbergrove Rehabilitation In House Local 2023 1 Forest Hill Violet Birdwood Rehabilitation In House Local 2023 1 Peach Tree Stonewall Leopard Rehabilitation In House Local 2023 1 Seven Trees Stonewall Dead End Rehabilitation In House Local 2023 1 Stonewall Mc Kinzie Dead End Rehabilitation In House Local 2023 1 Timbergrove Peachtree Violet Rd Rehabilitation In House Local 2023 1 Vicksburg Stonewall Stonewall Rehabilitation In House Local 2023 1 White Oak Timbergrove Dead End Rehabilitation In House Local 2023 1 Attoyac Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Buttes Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Calamity Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Keegan Dr Spring Creek Dead End Rehabilitation In House Local 2023 1 Lavaca River Ct Clear Fork Dead End Rehabilitation In House Local 2023 1 Lavaca River Dr Clear Fork Keegan Rehabilitation In House Local 2023 1 Spring Creek Dr Red River Dr Dead End Rehabilitation In House Local 2023 1 Wolf Creek Clear Fork Dr Dead End Rehabilitation In House Local 2023 1 Apple Creek Dr Sandy Hollow Ck Dead End Rehabilitation RSRP Local 2023 1 Flagstone Cir Pernitas Creek Dead End Rehabilitation RSRP Local 2023 1 Flagstone Creek Sandy Hollow Ck Pernitas Creek Rehabilitation RSRP Local 2023 1 Indio Creek Dr Pernitas Creek Dead End Rehabilitation RSRP Local 2023 1 Sandy Hollow Flagstone Willowood Cree Rehabilitation RSRP Local 2023 1 Willowood Creek Sandy Hollow Ck Dead End Reconstruction RSRP Local 5/12/2022 3 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICA STREET I FROM I TO I WORK • 2023 1 Fair Oaks I H 37 Dead End Rehabilitation RSRP Local 2023 1 Main Dr Leopard Sedwick Rehabilitation RSRP Local 2023 1 Agnes Baldwin NPID Rehabilitation SPMP Arterial 2023 1 Dunstain St Fontana Round Rock Rehabilitation SPMP Local 2023 1 Roundrock Rd Dunstain St Rustic Oak Rehabilitation SPMP Local 2023 1 Rustic Oak Round Rock Nolford Rehabilitation SPMP Local 2023 1 Hancock Brownlee Crosstown Rehabilitation SPMP Arterial 2023 1 Morgan Nineteenth Port Preservation SPMP Arterial 2023 1 Morgan Crosstown Nineteenth Preservation SPMP Arterial 2023 2 Andrews Prescott Crosstown Rehabilitation In House Local 2023 2 Betel Crosstown Burnet Rehabilitation In House Local 2023 2 Burnet Prescott Dead End Rehabilitation In House Local 2023 2 Loritte Sarita Crosstown Rehabilitation In House Local 2023 2 Niagara Burnet Burnet Rehabilitation In House Local 2023 2 Niagara Horne Roslyn Rehabilitation In House Local 2023 2 Prescott Crosstown Horne Rehabilitation In House Local 2023 2 Rambler Roslyn Horne Rehabilitation In House Local 2023 2 Reynosa Andrews Burnet Rehabilitation In House Local 2023 2 Roslyn Rambler Prescott Rehabilitation In House Local 2023 2 Sarita Horne Burnet Rehabilitation In House Local 2023 2 Talisman Sarita Rambler Rehabilitation In House Local 2023 2 Brownlee Staples Louisiana Rehabilitation In House Collector 2023 2 Fifteenth Staples Louisiana Rehabilitation In House Local 2023 2 Naples Staples Ocean Rehabilitation In House Local 2023 2 Sixteenth Staples Louisiana Rehabilitation In House Local 2023 2 Angel Ave Alameda S Austin Rehabilitation RSRP Local 2023 2 Breezeway Austin Santa Fe Rehabilitation RSRP Local 2023 2 Ohio Alameda S Staples S Reconstruction RSRP Local 2023 2 Willowbrook Mt Vernon Janssen Reconstruction RSRP Local 2023 2 Glazebrook Reid Santa Fe Rehabilitation RSRP Local 2023 2 Airline Mc Ardle Gollihar Rehabilitation SPMP Arterial 2023 2 Dolphin Adkins Staples S Rehabilitation SPMP Local 2023 2 Driftwood Staples S Adkins Rehabilitation SPMP Local 2023 2 Hamlin Staples Adkins Rehabilitation SPMP Local 2023 2 Mc Ardle Staples S Airline Rd Rehabilitation SPMP Arterial 2023 2 Morgan Crosstown Nineteenth Preservation SPMP Arterial 2023 2 Brawner Devon Ramsey Water Utility Utility IH Collector 2023 2 Norton Kostoryz Brentwood Water Utility Utility IH Collector 2023 2 Montgomery Mac Arthur Eisenhower Water Utility Utility IH Local 2023 2 Presa Niagara Sarita Water Utility Utility IH Local 2023 3 Oakhurst S Padre Island Pavement Chan; Preservation Concrete Local 2023 3 Calle Cuernavaca Saratoga Rd Dead End Rehabilitation In House Local 2023 3 Calle Las Colonas Saratoga Rd Dead End Rehabilitation In House Collector 2023 3 Calle San Carlos Calle Las Colonas Calle Cuernavac Rehabilitation In House Local 2023 3 Calle San Lucas Calle Las Colonas Calle Cuernavac Rehabilitation In House Local 2023 3 Calle San Marcos Calle Las Colonas Calle Cuernavac Rehabilitation In House Local 2023 3 Calle San Miguel Calle Las Colonas Calle Cuernavac Rehabilitation In House Local 2023 3 Bonham St Johanna Sacky Rehabilitation In House Local 2023 3 Johanna Kostoryz Bonham Rehabilitation In House Local 2023 3 Odem Mc Ardle Sunnybrook Rehabilitation In House Local 2023 3 Phillips E&W Queen Queen Rehabilitation In House Local 2023 3 Queen E&W Phillips Philips Rehabilitation In House Local 2023 3 Inglewood Holly Rd Panama Rehabilitation In House Local 2023 3 Green Meadows Green Tree Dead End Rehabilitation In House Local 2023 3 Green Oaks Green Tree Dead End Rehabilitation In House Local 2023 3 Green Path Green Tree Dead End Rehabilitation In House Local 2023 3 Green Valley Green Tree Dead End Rehabilitation In House Local 2023 3 Green View Green Tree Dead End Rehabilitation In House Local 2023 3 Vitemb Harvard Horne Rehabilitation In House Local 2023 3 Crestbend Crestwood Crestgrove Reconstruction RSRP Local 2023 3 Crestford Cresthill Crestmeadow Reconstruction RSRP Local 2023 3 Green Branch Green Park Dead End Reconstruction RSRP Local 2023 3 Green Gate Bear Lane Dead End Reconstruction RSRP Local 5/12/2022 4 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • I WORK • FUNDING SOURCE 2023 3 Green Trail Green Park Dead End Reconstruction RSRP Local 2023 3 Mendenhall Carroll Liptonshire Reconstruction RSRP Local 2023 3 Devonshire Weber Elmdale Rehabilitation RSRP Local 2023 3 Waterloo Carroll Inglewood Reconstruction RSRP Local 2023 3 Agnes Baldwin NPID Rehabilitation SPMP Arterial 2023 3 Betty Jean Holly Rd Williams Rehabilitation SPMP Collector 2023 3 Betty Jean Cir Betty Jean Dead End Rehabilitation SPMP Collector 2023 3 Wooldridge Killarmet Everhart Rehabilitation SPMP Local 2023 4 Dasmarinas Aquarius Whitecap Rehabilitation In House Local 2023 4 Rudder Ct Dasmarinas Dead End Rehabilitation In House Local 2023 4 Doubloon Aquarius Dead End Rehabilitation In House Local 2023 4 Mizzen Aquarius Dead End Rehabilitation In House Local 2023 4 Topsail Aquarius Dead End Rehabilitation In House Local 2023 4 Purl Santa Fe Dead End Rehabilitation In House Local 2023 4 Third St Purl Aberdeen Rehabilitation In House Local 2023 4 Sand Piper Cir Sand Piper N Dead End Rehabilitation In House Local 2023 4 Sand Piper E EnnisJoslin Dead End Rehabilitation In House Local 2023 4 Sand Piper N Sand Piper E Sand Piper Cir Rehabilitation In House Local 2023 4 Amos Ct Seth St Dead End Rehabilitation In House Local 2023 4 Ezekiel Ct Seth St Dead End Rehabilitation In House Local 2023 4 Hosea Ct Seth St Dead End Rehabilitation In House Local 2023 4 Isaiah Ct Seth St Dead End Rehabilitation In House Local 2023 4 Jeremiah Ct Seth St Dead End Rehabilitation In House Local 2023 4 Joel Ct Seth St Dead End Rehabilitation In House Local 2023 4 Seth St Amos Ct Isaiah Ct Rehabilitation In House Local 2023 4 Sunglo St Don Patricio Rd Seth St Rehabilitation In House Local 2023 4 Goldcrest Quetzal Dead End Reconstruction RSRP Local 2023 4 Love Bird Waxwing Quetzal Reconstruction RSRP Local 2023 4 Quetzal Sun Bird Dead End Rehabilitation RSRP Local 2023 4 Sun Bird Quetzal Flour Bluff Reconstruction RSRP Local 2023 4 Sun Beam Dr Milky Way Ursa Rehabilitation RSRP Local 2023 4 Ursa Mermaid Star Cove Rehabilitation RSRP Local 2023 4 Captain Kidd Caraval Dead End Rehabilitation RSRP Local 2023 4 Rossiter San Antonio Alameda S Reconstruction RSRP Local 2023 4 Topeka Sinclair Rossiter Reconstruction RSRP Local 2023 4 Airline Gollihar Wilma Rehabilitation SPMP Arterial 2023 4 Airline Mc Ardle Gollihar Rehabilitation SPMP Arterial 2023 4 Cleopatra Whitaker Dead End Water Utility Utility IH Local 2023 4 Whitaker Cleopatra Clare Water Utility Utility IH Local 2023 4 Clare Padre Island Dr Mc Ardle Rd Water Utility Utility IH Local 2023 4 Pharaoh Egyptian Nile Water Utility Utility IH Local 2023 5 Williams Roddfield Airline Rd Preservation Concrete Collector 2023 5 Deerwood Javelina Snowgoose Rehabilitation In House Local 2023 5 Hulen Dr Dead End Hunt Dr Rehabilitation In House Local 2023 5 Hunt Cir Hunt Dr Dead End Rehabilitation In House Local 2023 5 Hunt Drive Saratoga Rd Timbergate Rehabilitation In House Collector 2023 5 Javelina Hunt Dr Deerwood Rehabilitation In House Local 2023 5 Pheasant Bent Trail Dr Dead End Rehabilitation In House Local 2023 5 Stonemill Cir Hunt Dr Dead End Rehabilitation In House Local 2023 5 Grand Lake Lake Bolsena Starnberg Lake Rehabilitation In House Local 2023 5 Lake Bolsena Oso Pkwy Grand Lake Rehabilitation In House Local 2023 5 Starnberg Lake Grand Lake Lake Bolsena Rehabilitation In House Local 2023 5 Cherry Hills Greenbriar Oakmont Rehabilitation In House Local 2023 5 Greenbriar St Andrew Cherry Hills Rehabilitation In House Local 2023 5 Oakmont St Andrew Greenbriar Rehabilitation In House Local 2023 5 River Oaks St Andrew Greenbriar Rehabilitation In House Local 2023 5 Iroquois Tartan Dead End Reconstruction RSRP Local 2023 5 Tartan Iroquois Dr Dead End Reconstruction RSRP Local 2023 5 Lake George Grand Junction Dead End Rehabilitation RSRP Local 2023 5 Lake Whitney Lake George Dead End Rehabilitation RSRP Local 2023 5 Willow Oak Wales Dead End Reconstruction RSRP Local 2023 5 Willowick Everhart Willow Oak Reconstruction RSRP Local 2023 5 Everhart Silver Ridge Yorktown Blvd Rehabilitation SPMP Arterial 5/12/2022 5 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICA STREET I FROM • I WORKSOURCE 2023 5 Everhart Yorktown Blvd Oso Pkwy Rehabilitation SPMP Collector 2023 5 Holly Rd Roddfield Airline Rd Preservation SPMP Arterial 2023 DT Lawrence St&T-H Mesquite T-Head Loop Rehabilitation SPMP Collector 2023 DT Kinney Carrizo Alameda S Water Utility Utility IH Local 2024 1 Eighteenth Mary Laredo Rehabilitation In House Local 2024 1 Marguerite Crosstown Eighteenth Rehabilitation In House Local 2024 1 Mary Crosstown Nineteenth Rehabilitation In House Local 2024 1 Morrow Up River Rand Morgan Rehabilitation In House Local 2024 1 Seventeenth Marguerite Dead End Rehabilitation In House Local 2024 1 Dwyer Shane Dead End Rehabilitation In House Local 2024 1 Mc Cain Leopard Dead End Rehabilitation In House Local 2024 1 Shane Mc Cain Dwyer Rehabilitation In House Local 2024 1 BluffTrl River Forest Dead End Rehabilitation In House Local 2024 1 Cactus Cir River Forest Dead End Rehabilitation In House Local 2024 1 Forest Cir River Forest Dead End Rehabilitation In House Local 2024 1 Hillwood Trl Smith Dead End Rehabilitation In House Local 2024 1 Hillwood Trl N Hillwood Trl Dead End Rehabilitation In House Local 2024 1 Moon River River Forest Dead End Rehabilitation In House Local 2024 1 River Forest Moon River Smith Rehabilitation In House Local 2024 1 River View Smith River Forest Rehabilitation In House Local 2024 1 Rolling Ridge Hillwood Trl Dead End Rehabilitation In House Local 2024 1 Smith Calallen River Forest Rehabilitation In House Local 2024 1 Vista Cir Vista Ridge Dead End Rehabilitation In House Local 2024 1 Vista Ridge Riverview Smith Rehabilitation In House Local 2024 1 Rolling Acres Wagon Wheel Leopard Rehabilitation In House Local 2024 1 Wagonwheel Wildwood Wildwood Rehabilitation In House Local 2024 1 Wildwood E Wagon Wheel Up River Rehabilitation In House Local 2024 1 Wildwood W Wagon Wheel Rolling Acres Rehabilitation In House Local 2024 1 Craig Ocean Dr Seventh Reconstruction RSRP Local 2024 1 Carencia Deepwater Oglethorpe Reconstruction RSRP Local 2024 1 Oglethorpe Brookhill Dead End Reconstruction RSRP Local 2024 1 Sunnyville Oglethorpe Dead End Rehabilitation RSRP Local 2024 1 Sunnyville Cir Sunnyville Dead End Rehabilitation RSRP Local 2024 1 Dona I H 37 Up River Rehabilitation RSRP Local 2024 1 Leopard N Mc Kinzie Violet Rd Rehabilitation SPMP Arterial 2024 1 Leopard S Mc Kinzie Violet Rd Rehabilitation SPMP Arterial 2024 1 Port Morgan Buford Rehabilitation SPMP Arterial 2024 1 Port Mary Agnes Rehabilitation SPMP Arterial 2024 2 Kostoryz Staples Brawner S Preservation Concrete Arterial 2024 2 Buckaroo Ayers Staples Rehabilitation In House Local 2024 2 Clifford Santa Fe Staples Rehabilitation In House Local 2024 2 Palmero Alameda S Santa Fe Rehabilitation In House Local 2024 2 Eighteenth Prescott Crosstown Rehabilitation In House Local 2024 2 Fifteenth Morgan Ayers Rehabilitation In House Local 2024 2 Fourteenth Morgan Ayers Rehabilitation In House Local 2024 2 Isabel Bonita Dead End Rehabilitation In House Local 2024 2 Mc Kenzie Nineteenth Brownlee Rehabilitation In House Local 2024 2 Prescott Brownlee Eighteenth Rehabilitation In House Local 2024 2 Seventeenth Mc Kenzie Ayers Rehabilitation In House Local 2024 2 Seventeenth Prescott Crosstown Rehabilitation In House Local 2024 2 Sixteenth Prescott Ayers Rehabilitation In House Local 2024 2 Dody Linden Gollihar Reconstruction RSRP Local 2024 2 Zarsky Mc Ardle Gollihar Reconstruction RSRP Local 2024 2 Cambridge Alexander Horne Rehabilitation SPMP Local 2024 2 Louisiana N Staples Santa Fe Rehabilitation SPMP Collector 2024 2 Louisiana N Santa Fe Ocean Rehabilitation SPMP Collector 2024 2 Mc Ardle Weber Everhart Rehabilitation SPMP Arterial 2024 2 Mc Ardle Carroll Ln Weber Rehabilitation SPMP Collector 2024 3 Williams Staples Airline Rd Preservation Concrete Collector 2024 3 Barrera Horne Bloomington Rehabilitation In House Local 2024 3 Choctaw Water Lilly Persimmon Rehabilitation In House Local 2024 3 Hilldale Sweet Gum Choctaw Rehabilitation In House Local 2024 3 Persimmon Sweet Gum Choctaw Rehabilitation In House Local 5/12/2022 6 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • I WORK • FUNDING SOURCE 2024 3 River Crest Hill Crest Choctaw Rehabilitation In House Local 2024 3 Riverbend Solomon Choctaw Rehabilitation In House Local 2024 3 Solomon River Crest Water Lily Rehabilitation In House Local 2024 3 Sweet Gum River Crest Persimmon Rehabilitation In House Local 2024 3 Water Lily Solomon Choctaw Rehabilitation In House Local 2024 3 Balsam Boisdarc Trojan Rehabilitation In House Local 2024 3 Birch Greenwood Blackjack Rehabilitation In House Local 2024 3 Blackjack Boisdarc Dead End Rehabilitation In House Local 2024 3 Hemlock Greenwood Blackjack Rehabilitation In House Local 2024 3 Hickory Greenwood Blackjack Rehabilitation In House Local 2024 3 Sycamore Greenwood Blackjack Rehabilitation In House Local 2024 3 Citation Preakness Dead End Rehabilitation In House Local 2024 3 Hartack Triple Crown Dead End Rehabilitation In House Local 2024 3 Harwick Sanderson Lands Rehabilitation In House Local 2024 3 Lands Greenwood Dead End Rehabilitation In House Local 2024 3 Preakness Triple Crown Dead End Rehabilitation In House Local 2024 3 Preakness Cir Preakness Dead End Rehabilitation In House Local 2024 3 Sanderson Greenwood Harwick Rehabilitation In House Local 2024 3 Kentucky Derby Frio Dead End Reconstruction RSRP Local 2024 3 Triple Crown Greenwood Kentucky Derby Reconstruction RSRP Local 2024 3 Chula Vista Horne Greenwood Rehabilitation RSRP Local 2024 3 Hamlett Nemec McArdle Rd Reconstruction RSRP Local 2024 3 Kostoryz Holly Rd Saratoga Rehabilitation SPMP Arterial 2024 3 Mc Ardle Carroll Ln Weber Rehabilitation SPMP Collector 2024 4 Access 2 S H 361 Beach Preservation Concrete Collector 2024 4 Access 3A St Bartholomew Beach Preservation Concrete Collector 2024 4 Dune Tulia Rose Rehabilitation In House Local 2024 4 Ester Roseanne Sands Rehabilitation In House Local 2024 4 Lorine Truk Utica Rehabilitation In House Local 2024 4 Rose Lorine Stranton Rehabilitation In House Local 2024 4 Roseanne Sands Ester Rehabilitation In House Local 2024 4 Sands Truk Utica Rehabilitation In House Local 2024 4 Tulia Sands Dead End Rehabilitation In House Local 2024 4 Utica Sands Dead End Rehabilitation In House Local 2024 4 Cuttysark Encantada Eaglesnest Bay Rehabilitation In House Local 2024 4 Grenadine Vincent Cuttysark Rehabilitation In House Local 2024 4 Isla Colon Cuttysark Dead End Rehabilitation In House Local 2024 4 Portillo Vincent Cuttysark Rehabilitation In House Local 2024 4 Vincent Cuttysark Cuttysark Rehabilitation In House Local 2024 4 Mediterranean Otranto Maui Rehabilitation In House Collector 2024 4 Crescent Mc Ardle Belmeade Reconstruction RSRP Local 2024 4 Crescent Cir Crescent Dead End Reconstruction RSRP Local 2024 4 Ebonwood Canturbury EnnisJoslin Reconstruction RSRP Local 2024 4 Blue Jay Quetzal Oriole Rehabilitation SPMP Local 2024 4 Bramling Cir Quetzal Dead End Rehabilitation SPMP Local 2024 4 Ribbon Tail Crossbill Quetzal Rehabilitation SPMP Local 2024 4 Compton Waldron First National Rehabilitation SPMP Collector 2024 4 Laguna Shores Graham Hustlin Hornet Rehabilitation SPMP Collector 2024 4 Louisiana N Santa Fe Ocean Rehabilitation SPMP Collector 2024 5 Clare Williams Dr Padre Island Dr Rehabilitation In House Local 2024 5 Dallas Yorktown Blvd Oso Pkwy Rehabilitation In House Local 2024 5 Del Rio Odessa Oso Pkwy Rehabilitation In House Local 2024 5 Ft Stockton Dallas Rocksprings Rehabilitation In House Local 2024 5 Kerrville Dallas Dead End Rehabilitation In House Local 2024 5 Lubbock Rocksprings Everhart Rehabilitation In House Local 2024 5 Odessa Oso Pkwy Dallas Rehabilitation In House Local 2024 5 Rocksprings Ft Stockton Dead End Rehabilitation In House Local 2024 5 San Angelo Dallas Kerrville Rehabilitation In House Local 2024 5 Bethlehem Mars Hill Dead End Rehabilitation In House Local 2024 5 Canaan Bethlehem Dead End Rehabilitation In House Local 2024 5 Corinth Mars Hill Jericho Rehabilitation In House Local 2024 5 Deer Park South Oso Pkwy South Oso Pkwy Rehabilitation In House Local 2024 5 Deer Park Cir Deer Park Dead End Rehabilitation In House Local 5/12/2022 7 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICA STREET I FROM I TO I WORK • 2024 5 Galilee Bethlehem Dead End Rehabilitation In House Local 2024 5 Jericho Corinth Dead End E&W Rehabilitation In House Local 2024 5 Mars Hill South Oso Pkwy CR 41 Rehabilitation In House Local 2024 5 Lindenwood Sutherland Lipes Rehabilitation In House Local 2024 5 Sutherland Citrus Valley Dead End Rehabilitation In House Local 2024 5 Lostgate Heavensgate Opengate Reconstruction RSRP Local 2024 5 Mountain Wood Fox Run Opengate Reconstruction RSRP Local 2024 5 Opengate Lostgate Timbergate Reconstruction RSRP Local 2024 5 Rhonda Spencer Sean Rehabilitation RSRP Local 2024 5 Spencer Thames Rhonda Rehabilitation RSRP Local 2024 5 Vivian Spencer Sean Rehabilitation RSRP Local 2024 5 St JamesCt Lipes Dead End Reconstruction RSRP Local 2024 5 Sunwood Dr Lipes Pepper Mill Rehabilitation RSRP Local 2024 5 Moritz Lake Oso Pkwy Lake Bolsena Reconstruction RSRP Local 2024 5 EsplandeE Staples Spohn Rehabilitation SPMP Collector 2024 5 EsplandeW Staples Spohn Rehabilitation SPMP Collector 2024 5 Parkway Wooldridge Esplanade Rehabilitation SPMP Collector 2024 5 Patti Dunbarton Oak Dead End Rehabilitation SPMP Collector 2024 5 Cedar Pass Sun Valley Everhart Rehabilitation SPMP Collector 2024 5 Wooldridge Cascade Staples S Rehabilitation SPMP Collector 2024 DT John Sartain Shoreline S Mesquite Rehabilitation SPMP Collector 2024 DT Lomax Shoreline S Lower Broadway Rehabilitation SPMP Collector 2024 DT Lower Broadway Lomax John Sartain Rehabilitation SPMP Collector 2025 1 Cathead Leopard Roughneck Preservation Concrete Local 2025 1 Roughneck Cathead Spindletop Preservation Concrete Local 2025 1 Spindletop Roughneck Leopard Preservation Concrete Local 2025 1 Buford Staples Shoreline Blvd Rehabilitation In House Local 2025 1 Furman Staples Shoreline Rehabilitation In House Local 2025 1 Mallard Violet Widgeon Rehabilitation In House Local 2025 1 Nelon Violet Dead End Rehabilitation In House Local 2025 1 Widgeon Mallard Dead End Rehabilitation In House Local 2025 1 Sessions IH 37 Dead End Rehabilitation In House Local 2025 1 Breckenridge Petty Quaile Rehabilitation In House Local 2025 1 Petty Van Cleve Breckenridge Rehabilitation In House Local 2025 1 Villa Leopard Baldwin Rehabilitation In House Local 2025 1 Moon Light Rand Morgan IH 37 Reconstruction RSRP Local 2025 1 Sunray IH 37 Dead End Rehabilitation RSRP Local 2025 1 River Ridge Rolling Ridge River Vally Rehabilitation RSRP Local 2025 1 River Ridge Cir River Ridge Dead End Rehabilitation RSRP Local 2025 1 Rolling Ridge River Canyon Dead End Rehabilitation RSRP Local 2025 1 Leopard N Violet Callicoatte Rehabilitation SPMP Arterial 2025 1 Leopard S Violet Callicoatte Rehabilitation SPMP Arterial 2025 2 Casa Blanca Hayward Casa De Oro Rehabilitation In House Local 2025 2 Casa Bonita Casa Linda Casa Verde Rehabilitation In House Local 2025 2 Casa De Amigo Casa Linda Casa Grande Rehabilitation In House Local 2025 2 Casa De Oro Orlando Corta Rehabilitation In House Local 2025 2 Casa De Palmas Casa Linda Orlando Rehabilitation In House Local 2025 2 Casa Grande Casa De Amigo Corta Rehabilitation In House Local 2025 2 Casa Linda Staples S Casa Rosa Rehabilitation In House Local 2025 2 Casa Verde Casa Bonita Casa Blanca Rehabilitation In House Local 2025 2 Corta Casa Grande Kostoryz Rehabilitation In House Local 2025 2 Norton Kostoryz Casa Verde Rehabilitation In House Local 2025 2 Orlando Kostoryz Casa Linda Rehabilitation In House Local 2025 2 Texan Trl Staples Casa Bonita Rehabilitation In House Local 2025 2 Nogales Carver Elgin Rehabilitation In House Local 2025 2 Beechcraft Post Fleet Rehabilitation In House Local 2025 2 Ryan Post Virgina Rehabilitation In House Local 2025 2 Kent Cir Ray Dead End Rehabilitation RSRP Local 2025 2 Miller Cir Ray Dead End Rehabilitation RSRP Local 2025 2 Ray Hayward Dead End Reconstruction RSRP Local 2025 2 Cornwall Hawthorne Shely Reconstruction RSRP Local 2025 2 Hawthorne Crosstown Shely Reconstruction RSRP Local 2025 2 Shely Churchill Crosstown Reconstruction RSRP local 5/12/2022 8 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • I WORK • FUNDING SOURCE 2025 2 Fig Tarlton Shely Rehabilitation SPMP Local 2025 2 Shely Ayers Churchill Rehabilitation SPMP Local 2025 2 Greenwood Lawton Horne Rehabilitation SPMP Arterial 2025 2 Greenwood Baldwin Lawton Rehabilitation SPMP Arterial 2025 2 Horne Kostoryz Devon Preservation SPMP Collector 2025 2 Louisiana Access Staples Louisiana S Rehabilitation SPMP Collector 2025 2 Louisiana S Staples Santa Fe Rehabilitation SPMP Collector 2025 3 Beechcraft Post Fleet Rehabilitation In House Local 2025 3 Braniff Virginia Post Rehabilitation In House Local 2025 3 Cub Virginia Post Rehabilitation In House Local 2025 3 Curtis Virginia Post Rehabilitation In House Local 2025 3 Eastern Virginia Post Rehabilitation In House Local 2025 3 Fairchild Virginia Post Rehabilitation In House Local 2025 3 Lockheed Virginia Post Rehabilitation In House Local 2025 3 Post Eastern Beechcraft Rehabilitation In House Local 2025 3 Ryan Beechcraft Virgina Rehabilitation In House Local 2025 3 Stinson Virginia Post Rehabilitation In House Local 2025 3 Wright Virginia Post Rehabilitation In House Local 2025 3 Gaviota Scapular County Rd 36 Rehabilitation In House Local 2025 3 Mariposa Simon Scapular Rehabilitation In House Local 2025 3 Scapular Clarkwood Gaviota Rehabilitation In House Local 2025 3 Simon Clarkwood Stock Rehabilitation In House Local 2025 3 Stock Clarkwood Simon Rehabilitation In House Local 2025 3 Kendall W Larcade Mansheim Reconstruction RSRP Local 2025 3 Larcade W Kendall Mansheim Reconstruction RSRP Local 2025 3 Crestgrove Cresthill Crestmeadow Reconstruction RSRP Local 2025 3 Revolution Senators Congressional Rehabilitation RSRP Local 2025 3 Greenwood Trojan Padre Island Dr Rehabilitation SPMP Arterial 2025 3 Greenwood Gollihar West Point Rehabilitation SPMP Arterial 2025 3 Greenwood Lawton Horne Rehabilitation SPMP Arterial 2025 3 West Point Padre Island Dr Greenwood Rehabilitation SPMP Collector 2025 4 Waldron Pavement Change Purdue Preservation Concrete Arterial 2025 4 Argonne Wallace Paul Jones Rehabilitation In House Local 2025 4 Barnhart Wallace Paul Jones Rehabilitation In House Local 2025 4 Brittany Wallace Paul Jones Rehabilitation In House Local 2025 4 Decatur Wallace Paul Jones Rehabilitation In House Local 2025 4 Moffett Sims Paul Jones Rehabilitation In House Local 2025 4 Sims Wallace Paul Jones Rehabilitation In House Local 2025 4 Vetters Wallace Paul Jones Rehabilitation In House Local 2025 4 Berlet Yorktown Blvd Dead End Rehabilitation In House Local 2025 4 Brigantine Main Royal Caraval Rehabilitation In House Local 2025 4 Capstain White Cap Blvd Brigantine Rehabilitation In House Local 2025 4 Main Royal White Cap Blvd Brigantine Rehabilitation In House Local 2025 4 A La Entrada Calle Primavera Dead End Rehabilitation In House Local 2025 4 Aquarius Cabana N Bello Rehabilitation In House Collector 2025 4 Bello Aquarius Dragonet Rehabilitation In House Local 2025 4 Dragonet Cabana N Bello Rehabilitation In House Local 2025 4 Nube Primavera Dead End Rehabilitation In House Local 2025 4 Primavera Dragonet Dead End Rehabilitation In House Local 2025 4 Tajamar A La Entrada Dead End Rehabilitation In House Local 2025 4 Burgentine Newcastle Paradise Rehabilitation In House Local 2025 4 Newcastle Whispering Oak Burgentine Rehabilitation In House Local 2025 4 Paradise Whispering Oak Burgentine Rehabilitation In House Local 2025 4 Whispering Oak Roscher Dead End Rehabilitation In House Local 2025 4 Ramfield Roscher Flour Bluff Rehabilitation In House Local 2025 4 Rex Laguna Shores Whiteley Rehabilitation In House Local 2025 4 Whiteley Rex Thelma Rehabilitation In House Local 2025 4 Deck Harbor Lights Harbor Village Rehabilitation RSRP Local 2025 4 Harbor Village Baylark Deck Reconstruction RSRP Local 2025 4 Pier Harbor Lights Harbor Village Reconstruction RSRP Local 2025 4 Louisiana S Santa Fe Ocean Rehabilitation SPMP Collector 2025 4 Robert Alameda S Ocean Rehabilitation SPMP Collector 2025 4 Santa Fe Robert Doddridge Rehabilitation SPMP Collector 5/12/2022 9 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICA STREET I FROM I TO I WORK • 2025 4 The Mansions Roddfield Oso Pkwy Rehabilitation SPMP Local 2025 5 Briarhurst Roanoke Dunbarton Oak Rehabilitation In House Local 2025 5 Clairfield Roanoke Charter Rehabilitation In House Local 2025 5 Downing Dunbarton Oak Airline Rd Rehabilitation In House Local 2025 5 Kennsington Hampton Dunbarton Oak Rehabilitation In House Local 2025 5 Roanoke Dunbarton Oak Clairfield Rehabilitation In House Local 2025 5 Royal Ct Downing Dead End Rehabilitation In House Local 2025 5 Anastasia Bratton Cool Breeze Rehabilitation In House Local 2025 5 Cool Breeze South Wind Dead End Rehabilitation In House Local 2025 5 East Wind Aaron Windchime Rehabilitation In House Local 2025 5 South Wind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Springwind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Summer Wind Wind Chime Bratton Rehabilitation In House Local 2025 5 Summertime Bratton Cool Breeze Rehabilitation In House Local 2025 5 Westwind Bratton Cool Breeze Rehabilitation In House Local 2025 5 Wind Chime East Wind Summer Wind Rehabilitation In House Local 2025 5 Windy Way Bratton Cool Breeze Rehabilitation In House Local 2025 5 Vanern Venice Lake Superior Rehabilitation In House Local 2025 5 Harbor Lights Baylark Deck Rehabilitation RSRP Local 2025 5 Aspen Grove Cedar Pass Windy Ridge Rehabilitation RSRP Local 2025 5 Constance Thundersee Venice Reconstruction RSRP Local 2025 5 Durant Cir Fulton Dead End Rehabilitation RSRP Local 2025 5 Oso Pkwy Yorktown Blvd Staples Rehabilitation SPMP Collector 2025 5 The Mansions Roddfield Oso Pkwy Rehabilitation SPMP Local 2025 DT Chaparral Schatzell Taylor Preservation Concrete Collector 2025 DT Shoreline N Belden Turn Around Preservation Concrete Collector 2025 DT Shoreline S Turn Around Power Preservation Concrete Collector 2025 DT Cabra Lake Chipito Rehabilitation In House Local 2025 DT Chipito Staples Waco Rehabilitation In House Local 2025 DT Lake Staples Waco Rehabilitation In House Local 2025 DT Winnebago Staples N Crosstown Rehabilitation In House Local 2026 1 Cynthia River Sharpsburg Rehabilitation In House Local 2026 1 Figueroa Sharpsburg Ramos Rehabilitation In House Local 2026 1 Ramos River Figueroa Rehabilitation In House Local 2026 1 River Zamora Cynthia Rehabilitation In House Local 2026 1 Zamora Sharpsburg Ramos Rehabilitation In House Local 2026 1 Leigh Leopard Villa Rehabilitation In House Local 2026 1 Quaile Van Cleve Breckenridge Rehabilitation In House Local 2026 1 Scott Leigh Quaile Rehabilitation In House Local 2026 1 Van Cleve Leopard Quaile Rehabilitation In House Local 2026 1 Westland Villa Mac Leod Rehabilitation In House Local 2026 1 Cantwell IH 37 Leopard Rehabilitation In House Local 2026 1 Leonard Leopard Starlite Rehabilitation In House Local 2026 1 Granada Longview Dead End Rehabilitation RSRP Local 2026 1 Mars Venus Rain Tree Reconstruction RSRP Local 2026 1 Rain Tree Ln Moonglow Mars Ave Reconstruction RSRP Local 2026 1 Venus Sunshine Mars Ave Reconstruction RSRP Local 2026 1 Ethel NaylorS NaylorN Rehabilitation RSRP Local 2026 1 Naylor Cir S Naylor N Naylor N Reconstruction RSRP Local 2026 1 Goodnight-Loving Rand Morgan Rhumba Trail Rehabilitation SPMP Local 2026 1 Oregon Trail Rand Morgan Dead End Rehabilitation SPMP Local 2026 1 Agnes King Crosstown Rehabilitation SPMP Arterial 2026 1 Greenwood Port Baldwin Rehabilitation SPMP Arterial 2026 1 Up River St Palm Fairview Rehabilitation SPMP Collector 2026 2 Staples S Brawner Kostoryz Preservation Concrete Arterial 2026 2 Ada Washington Elgin Rehabilitation In House Local 2026 2 Carver Lawton Soledad Rehabilitation In House Local 2026 2 Dixie Washington Elgin Rehabilitation In House Local 2026 2 Elgin Soledad Lawton Rehabilitation In House Local 2026 2 Kitchens Washington Elgin Rehabilitation In House Local 2026 2 Lawton Greenwood Dead End Rehabilitation In House Local 2026 2 Rogers Washington Elgin Rehabilitation In House Local 2026 2 Washington Soledad Lawton Rehabilitation In House Local 5/12/2022 10 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • I WORK • FUNDING SOURCE 2026 2 Blevins Ayers Naples Rehabilitation In House Collector 2026 2 Edward Ayers Naples Rehabilitation In House Local 2026 2 Fannin Ayers Dead End Rehabilitation In House Local 2026 2 Lewis Edward Fannin Rehabilitation In House Local 2026 2 Norton Ayers Naples Rehabilitation In House Local 2026 2 Tarlton Ayers Naples Rehabilitation In House Local 2026 2 Watson Ayers Naples Rehabilitation In House Local 2026 2 Morningside North Santa Fe Lawnview Reconstruction RSRP Local 2026 2 Churchill Trenton Robin Reconstruction RSRP Local 2026 2 Carroll Staples Houston Rehabilitation SPMP Collector 2026 2 Texan Trl Staples Alameda Rehabilitation SPMP Collector 2026 2 Texan Trl Alameda Santa Fe Rehabilitation SPMP Collector 2026 3 Kingpin Flato Padre Island Dr Preservation Concrete Local 2026 3 Beardmore Persimmons Dead End Rehabilitation In House Local 2026 3 Bevecrest Ayers Beardmore Rehabilitation In House Local 2026 3 Cindia Bevecrest Dead End Rehabilitation In House Local 2026 3 Deer Creek Persimmons Dead End Rehabilitation In House Local 2026 3 Kaycrest Bevecrest Dead End Rehabilitation In House Local 2026 3 La Crosse Persimmons Dead End Rehabilitation In House Local 2026 3 Pendleton Persimmons Dead End Rehabilitation In House Local 2026 3 Persimmon Choctaw Bevecrest Rehabilitation In House Local 2026 3 Sharolyn Bevecrest Dead End Rehabilitation In House Local 2026 3 Williston Persimmons Dead End Rehabilitation In House Local 2026 3 Beacon Baldwin Dead End Rehabilitation In House Local 2026 3 Forty Fifth Agnes Santa Elena Rehabilitation In House Local 2026 3 Forty Fourth Agnes Santa Elena Rehabilitation In House Local 2026 3 Locke Ln Wickersham Wickersham Rehabilitation In House Local 2026 3 Woodstone Locke Wickersham Rehabilitation In House Local 2026 3 Kendall E Mansheim Larcade Reconstruction RSRP Local 2026 3 Larcade E Mansheim Kendall Reconstruction RSRP Local 2026 3 Cresthill Crestmore Carroll W Reconstruction RSRP Local 2026 3 O'Toole Del Starr Kerry Rehabilitation RSRP Local 2026 3 Bonner Staples Everhart Rehabilitation SPMP Local 2026 3 Greenwood Padre Island Dr Holly Rd Rehabilitation SPMP Arterial 2026 3 Shaw Horne Harvard Rehabilitation SPMP Local 2026 4 Ambrosia Aquarius Jackfish Rehabilitation In House Local 2026 4 Goldfish Ambrosia Jackfish Rehabilitation In House Local 2026 4 Indigo Ambrosia Jackfish Rehabilitation In House Local 2026 4 Marina Padre Island Dr Ambrosia Rehabilitation In House Local 2026 4 Scallop Ambrosia Jackfish Rehabilitation In House Local 2026 4 Merriman Brittany Moffett Rehabilitation In House Local 2026 4 Wallace Padre Island Dr Sims Rehabilitation In House Local 2026 4 Bayberry E Bayberry N Bayberry S Rehabilitation In House Local 2026 4 Bayberry N Waldron Bayberry E Rehabilitation In House Local 2026 4 Bayberry Bayberry Waldron Rehabilitation In House Local 2026 4 Juniper Tulane Oakridge Rehabilitation In House Local 2026 4 Meadowood Glenoak Dead End Rehabilitation In House Local 2026 4 Oakridge Tulane Juniper Rehabilitation In House Local 2026 4 Tulane Glenoak Oakridge Rehabilitation In House Local 2026 4 Haroldson Alameda Dead End Rehabilitation RSRP Local 2026 4 Sheridan Gollihar Alameda S Reconstruction RSRP Local 2026 4 Mc Ardle Airline Rd Whitaker Rehabilitation SPMP Collector 2026 4 Oso Pkwy Holly Canadian Rehabilitation SPMP Collector 2026 4 Quetzal Sunbird Blue Jay Rehabilitation SPMP Local 2026 4 Tesoro White Cap Blvd Port Royal Ct Rehabilitation SPMP Local 2026 4 Texan Trl Alameda Santa Fe Rehabilitation SPMP Collector 2026 5 Ammer Lake Bistineau Dead End Rehabilitation In House Local 2026 5 Bistineau Ammer Lake Vanern Rehabilitation In House Local 2026 5 Canyon Lake Venice Dead End Rehabilitation In House Local 2026 5 Lake Charles Bistineau Dead End Rehabilitation In House Local 2026 5 Lake Huron Venice Thundersee Rehabilitation In House Local 2026 5 Schwerin Lake Venice Dead End E&W Rehabilitation In House Local 5/12/2022 11 of 12 FY 2022-2026 AMENDED IMP YEAR IDISTRICI STREET I FROM • • • FUNDING SOURCE 2026 5 Benchfield Boston Dead End Rehabilitation In House Local 2026 5 Cedar Brook Spring Brook Stony Brook Rehabilitation In House Local 2026 5 Clear Brook Boston Spring Brook Rehabilitation In House Local 2026 5 Cold Springs Boston Spring Brook Rehabilitation In House Local 2026 5 Creekmont Boston Dead End Rehabilitation In House Local 2026 5 Northfield Boston Spring Brook Rehabilitation In House Local 2026 5 Spring Brook Boston Clear Brook Rehabilitation In House Local 2026 5 Timber Crest Boston Spring Brook Rehabilitation In House Local 2026 5 Long Cir Montecita Dead End Rehabilitation In House Local 2026 5 Meadow Cir Montecita Dead End Rehabilitation In House Local 2026 5 Montecita Longmeadow Saratoga Rehabilitation In House Local 2026 5 Bratton Weber Aaron Rehabilitation In House Local 2026 5 Robina Acushnet Saloumeh Rehabilitation In House Local 2026 5 Saloumeh Way Acushnet Robina Rehabilitation In House Local 2026 5 Wood Iron Acushnet Crenshaw Rehabilitation In House Local 2026 5 Quail Hollow Oso Pkwy Twin Creek Reconstruction RSRP Local 2026 5 Twin Creek Oso Pkwy Quail Hollow Reconstruction RSRP Local 2026 5 Edgebrook Shadowbend Cedar Pass Reconstruction RSRP Local 2026 5 Boston Staples Yorktown Rehabilitation SPMP Collector 2026 5 Impala Kodiak Dead End Rehabilitation SPMP Local 2026 5 Kodiak Cimarron Wolverine Rehabilitation SPMP Local 2026 5 Player Saratoga Rd Eider Rehabilitation SPMP Collector 2026 5 Snowgoose Everhart Timbergate Rehabilitation SPMP Collector 2026 DT Artesian Leopard Mestina Preservation Concrete Local 2026 DT Mestina Staples S Artesian Preservation Concrete Local 2026 DT Staples N Comanche Antelope Preservation Concrete Arterial 2026 DT Waco Leopard Mestina Preservation Concrete Local 2026 DT Blucher Staples N Carrizo Rehabilitation In House Local 2026 DT Carrizo Lipan Blucher Rehabilitation In House Local 5/12/2022 12 of 12 se G0 1852 AGENDA MEMORANDUM Public Hearing and First Reading for the City Council Meeting of August 30, 2022 Second Reading item for the City Council Meeting of September 06, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Public Hearing and First Reading Ordinance of the Proposed FY2022- 2023 Capital Budget CAPTION: Ordinance adopting the Corpus Christi Fiscal Year 2022-2023 Capital Budget in the amount of $628,234,271, Beginning October 1, 2022. SUMMARY: This item is to adopt the budget as amended by the schedule of adjustments for the upcoming fiscal year with total proposed capital budget of$628,234,271 for the Capital Improvement Program. BACKGROUND AND FINDINGS: As part of City Municipal Code Article V. Planning, Section 3. Power and Duties of Planning Commission, Paragraph A, Number 6: The Planning Commission shall review and make recommendations to the City Council on the City's annual Capital Budget. On Wednesday, July 13, 2022, a summary presentation of the FY 2022-2023 Capital Budget was held before the Planning Commission describing program highlights and funding sources. Planning Commission recommended approval of the FY 2022-2023 Capital Budget. City Charter requires City Council to review and act on the Budget on a yearly basis. The City of Corpus Christi is proposing capital budget of$628,234,271 as amended by the schedule of adjustments. ALTERNATIVES: Approval of this budget is required by City Charter. City Council may: 1. Approve the budget as presented (Recommended) 2. Make changes to the budget and then approve. FISCAL IMPACT: Total proposed expenditures of$628,234,271 for the Capital Improvement Program. RECOMMENDATION: Staff recommends approval of the FY2022-2023 Capital Budget of$628,234,271 as proposed. LIST OF SUPPORTING DOCUMENTS: FY 2022-2023 Capital Budget Ordinance FY 2022-2023 Capital Budget Schedule of Adjustments ORDINANCE ADOPTING THE CORPUS CHRISTI FISCAL YEAR 2022 — 2023 CAPITAL BUDGET IN THE AMOUNT OF $628,234,271, BEGINNING OCTOBER 1, 2022 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Fiscal Year 2022 — 2023 Capital Budget in the amount of$628,234,271 is hereby adopted, subject to the attached Schedule of Adjustments. A copy of the Fiscal Year 2022 — 2023 Capital Budget will be filed in the Office of the City Secretary. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Schedule of Adiustments CIP City of Corpus Christi Amendments to the FY 2022-2023 Proposed Capital Budget TOTAL PROPOSED REVENUES $ 616,993,444 TOTAL PROPOSED EXPENDITURES $ 616,993,444 Parks&Recreation CIP Proposed Revenues $ 59,499,826 Adiustments: Increase - Community Enrichment Funds 2,129,271 Increase - General Fund 27,000 Increase - Grants - CDBG 455,336 Total Adjusted Revenues $ 62,111,433 Proposed Expenditures $ 59,499,826 Adiustments: Add Community Enrichment Park Improvements 2,129,271 Add Ben Garza Gym Improvements 482,336 Total Adjusted Expenditures $ 62,111,433 Public Facilities CIP Proposed Revenues $ 19,000,245 Adiustments: Increase - Type A/B Sales Tax 2,481,908 Increase - HOT Funds 4,147,312 Total Adjusted Revenues $ 25,629,465 Proposed Expenditures $ 19,000,245 Adiustments: Increase ABC - City Terrace, and Suite Enhancements 1,696,473 Increase ABC - Facility Improvements 4,932,747 Total Adjusted Expenditures $ 25,629,465 Storm Water CIP Proposed Revenues $ 60,152,107 Adiustments: Increase - General Fund 2,000,000 Total Adjusted Revenues $ 62,152,107 Proposed Expenditures $ 60,152,107 Adiustments: Increase - North Beach Drainage Improvements 2,000,000 Total Adjusted Expenditures $ 62,152,107 TOTAL PROPOSED AMENDED REVENUES $ 628,234,271 TOTAL PROPOSED AMENDED EXPENDITURES $ 628,234,271 Capital Improvement Plan 2023 2025 City of Corpus Christi, Texas Project# 23130-140 Project Name Community Enrichment Park Improvements Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director Category Park Improvements Priority 4 Important-Community Invest Status Active Description Project will consist of park improvements using Community Enrichment Funds in all 5 Council Districts. Improvements will include new amenities and rehabilitation of current ones.Amenities may include but are not limited to playground equipment,tennis courts,parking lot rehab. District 1: Patterson(23130),Westchester(23131)and Chiquito(23132). District 2: Casa Linda(23133).District 3:Airport(23134).District 4: Parker(23135),Lamar(23136)and Han Sutter(23137).District 5:Bill Witt(23138),Wooldridge(23139)and Airline(23140). Justification This project will increase visitation and usage of our City parks,and provide recreational, social and cultural programs and activities. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,785,863 1,785,863 Design 171,704 171,704 Eng,Admin Reimbursements 171,704 171,704 Total 2,129,271 2,129,271 Funding Sources Prior Years 2023 2024 2025 Total Park Development/Community Enrichment 2,129,271 2,129,271 Total 2,129,271 2,129,271 Budget Impact/Other 71 Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. New Project Capital Improvement Plan 2023 rhril 2025 City of Corpus Christi, Texas Project# 23075 Project Name Ben Garza Gym Improvements Type Improvement/Additions Department Parks and Recreation Useful Life 25 years Contact Park Director w�- Category Building Rehabilitation Priority 2 Critical-Asset Condition\longevity �a Status Active Description This project will consist of rehabilitation of Ben Garza Gym. Upgrades to the Gym will focus on locker rooms. Additional upgrades will be considered if budget is available. Justification Necessary replacement and upgrading to the amenities Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 388,336 388,336 Design 45,000 45,000 Eng,Admin Reimbursements 49,000 49,000 Total 482,336 482,336 Funding Sources Prior Years 2023 2024 2025 Total General Fund 27,000 27,000 Grant-CDBG 455,336 455,336 Total 482,336 482,336 Budget Impact/Other 71 Increased annual maintenance cost to be budgeted in the Parks and Recreation operating budget to maintain improvements and amenities. New Project Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# 21013 ,: Project Name ABC- City Terrace,and Suite Enhancements Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Engineering �6 Category Building Addition Priority 5 Needed-Deficient Services Status Active Description This project will enclose a 2,200 square foot section of the City Terrace making it a part of the Suite concourse. The scope includes engineer stamped construction plans,the addition of a bar/lounge area to service the suite holders,furniture fixtures&equipment,and the construction of a new bar in the current Club Lounge location. This project began construction in July 2021 and is anticipated to be completed by October 2022. Justification These renovations will make better use of underutilized space as well as much needed improvements to the facility's structure.An upgrade in the suite amenities will provide a much better customer experience as well increase revenues with suite rentals and food/beverage sales. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,850,000 1,850,000 Inspection 25,000 25,000 Design 275,000 275,000 Contingency 250,000 250,000 Tom 2,400,000 2,400,000 Funding Sources Prior Years 2023 2024 2025 Total Type A/B Sales Tax 2,400,000 2,400,000 Total 2,400,000 2,400,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to maintain these improvements. Proposed Project Page 136 Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# 21013 ,: Project Name ABC- City Terrace,and Suite Enhancements Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Engineering �6 Category Building Addition Priority 5 Needed-Deficient Services Status Active Description This project will enclose a 2,200 square foot section of the City Terrace making it a part of the Suite concourse. The scope includes engineer stamped construction plans,the addition of a bar/lounge area to service the suite holders,Furniture Fixtures&Equipment,and the construction of a new bar in the current Club Lounge location. This project began construction in July 2021 and is anticipated to be completed in FY 2023. Justification These renovations will make better use of underutilized space as well as much needed improvements to the facility's structure.An upgrade in the suite amenities will provide a much better customer experience as well increase revenues with suite rentals and food/beverage sales. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,392,977 1,446,473 2,839,450 Eng,Admin Reimbursements 150,000 150,000 Design 310,550 310,550 Contingency 100,000 100,000 Total 1,703,527 1,696,473 3,400,000 Funding Sources Prior Years 2023 2024 2025 Total Type A/B Sales Tax 1,703,527 1,696,473 3,400,000 Total 1,703,527 1,696,473 3,400,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time.A reassessment will be done upon completion of project to determine on- going or maintenance costs. Adjusted Project Page Capital Improvement Plan 2023 thril 2025 City of Corpus Christi, Texas Project# 23100 Project Name American Bank Center-Major Building Upgrades Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Engineering Category Capital Equipment/System Priority 5 Needed-Deficient Services rl r Status Active Description —1 ".a Project consists of various improvements,renovations and replacements within the arena and convention center as needed or planned.As new project are developed and recommended an individualized project number will be assigned to them. Justification The currently facility is not configured properly to provide the most efficient services to the public. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,525,000 1,000,000 1,000,000 3,525,000 Capital Equipment 1,450,000 1,000,000 1,000,000 3,450,000 Total 2,975,000 2,000,000 2,000,000 6,975,000 Funding Sources Prior Years 2023 2024 2025 Total Hot Funds 1,225,000 1,000,000 1,000,000 3,225,000 Type A/B Sales Tax 1,750,000 1,000,000 1,000,000 3,750,000 Total 2,975,000 2,000,000 2,000,000 6,975,000 Budget Impact/Other 71 There is no projected operational impact with this project at this time. Upon completion of this project additional maintenance costs will be budget to maintain these improvements. Proposed Project Page 137 Capital Improvement Plan 2023 thril 2025 City of Corpus Christi, Texas Project# 23100 Project Name American Bank Center-Facility Improvements Type Improvement/Additions Department Public Facilities Useful Life 25 years Contact Director of Engineering Category Capital Equipment/System Priority 5 Needed-Deficient Services r Status Active Description Project consists of various improvements,renovations and replacements within the arena and convention center as needed to include but not limited to kitchen,concessions,security,energy management,HVAC,emergency generator,roof,carpeting,audio&video enhancements. As new project are developed and recommended an individualized project number will be assigned to each. Justification These renovations will make better use of underutilized space,equipment that reached its useful life as well as much needed improvements to the facility's structure. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 1,571,829 6,607,747 1,700,000 1,700,000 9,782,264 Design 150,000 650,000 150,000 150,000 950,000 Eng,Admin Reimbursements 650,000 150,000 150,000 800,000 Total 1,721,629 7,907,747 2,000,000 2,000,000 13,629,576 Funding Sources Prior Years 2023 2024 2025 Total Hot Funds 782,265 5,372,312 1,000,000 1,000,000 8,154,577 Type A/B Sales Tax 939,564 2,535,435 1,000,000 1,000,000 5,474,999 Total 1,721,629 7,907,747 2,000,000 2,000,000 13,629,576 Budget Impact/Other There is no projected operational impact with this project at this time. A reassessment will be done upon completion of project to determine on- going or maintenance costs. Adjusted Project Page Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 22142 Project Name North Beach Drianage Improvements % Type Improvement/Additions Department Public Works-Storm Water Useful Life 25 years Contact Director of Public Works r o � Category Storm Drainage Priority 2 Critical-Asset Condition\longevity Status Active " Description This project will focus to develop and construct drainage infrastructure to relieve ongoing drainage issues on North Beach. Justification Restoration and improvements of storm water systems,channels,and ditches in the North Beach area.Funding for this project will be coming from American Rescue Plan Act of 2021. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 4,050,000 4,050,000 Design 500,000 500,000 Eng,Admin Reimbursements 450.000 450,000 Total 5,000,000 5,000,000 Funding Sources Prior Years 2023 2024 2025 Total American Rescue Plan Grant 5,000,000 5,000,000 Total 5,000,000 5,000,000 Budget Impact/Other 71 Fully funding rehab/construction of storm water infrastructure can recude operational cost by reducing"emergency"responses and more costly maintenance actions during lifecycle infrastructure. Proposed Project Page 268 Capital Improvement Plan 2023 111ril 2025 City of Corpus Christi, Texas Project# 22142 Project Name North Beach Drianage Improvements Type Improvement/Additions Department Public Works-Storm Water Useful Life 25 years Contact Director of Public Works Category Storm Drainage Priority 2 Critical-Asset Condition\longevity ��y': Status Active Description This project will focus to develop and construct drainage infrastructure to relieve ongoing drainage issues on North Beach. Justification Restoration and improvements of storm water systems,channels,and ditches in the North Beach area.Funding for this proj ect will be coming from American Rescue Plan Act of 2021 and General Fund. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 5,550,000 5,550,000 Design 800,000 800,000 Eng,Admin Reimbursements 650,000 650,000 Total 7,000,000 7,000,000 Funding Sources Prior Years 2023 2024 2025 Total General Fund 2,000,000 2,000,000 American Rescue Plan Grant 5,000,000 5,000,000 Total 7,000,000 7,000,000 Budget Impact/Other 71 Fully funding rehab/construction of storm water infrastructure can reduce operational cost by reducing"emergency"responses,property damage due to flooding and more costly maintenance actions during lifecycle infrastructure. Adjusted Project Page so GO O� U NCOHP00.Pt' 1852 AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the City Council Meeting of August 30,2022 DATE: August 9, 2022 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, Director of Finance and Procurement HeatherH3@cctexas.com (361) 826-3227 Public Hearing and First Reading to Set the Fiscal Year 2022-2023 Ad Valorem Tax Rate CAPTION: Public Hearing and First Reading Ordinance to set the Fiscal Year 2022-2023 Ad Valorem Tax Rate of $0.646264 per $100 valuation which is effectively an 11 .7% increase over the no-new-revenue tax rate. SUMMARY: The State Property Tax Code requires that one public hearing be held when a taxing unit proposes a tax rate that exceeds either the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower. BACKGROUND AND FINDINGS: The City of Corpus Christi is proposing a tax rate of $0.646264 per $100 valuation for Fiscal Year (FY) 2022-2023. This tax rate is the same as the current tax rate. There is no increase in the tax rate. If the proposed rate exceeds either the no-new-revenue tax rate of $0.578740 per $100 valuation or the voter-approval tax rate of $0.646264 per $100 valuation, the Property Tax Code requires that the governing body must schedule one public hearing on the proposal. Since the City's proposed tax rate exceeds the no-new-revenue rate, a public hearing must be held. The public hearing for the FY 2023 proposed tax rate and the first reading of the ordinance for adoption of the FY 2023 tax rate will be held on August 30, 2022, during the regular City Council meeting beginning at 11 :30 am. The vote for the final adoption of the property tax rate will be held at the September 6, 2022, City Council meeting. ALTERNATIVES: The public hearing is required to be in compliance with the Truth-in-Taxation guidelines as it relates to the adoption of the property tax rate. FISCAL IMPACT: The proposed FY 2023 property tax rate is anticipated to generate $160,677,691 of property tax revenue recorded in the following funds: Fund 1020 General Fund (M&O) $ 97,711 ,858 ** Fund 2010 Debt Service Fund (I&S) 57,623,457 Fund 1111 Reinvestment Zone #2 3,884,967 Fund 1112 Reinvestment Zone #3 1 ,253,905 Fund 1114 Reinvestment Zone #4 201 ,704 Fund 1115 Reinvestment Zone #5 1 ,800 TOTAL $160,677,691 ** Of this amount, $9,788,021 will be transferred to Fund 1042 Residential Street Reconstruction Fund for residential streets. RECOMMENDATION: Staff recommends approval of the ordinance setting the FY 2023 Ad Valorem Tax Rate at $0.646264 per $100 valuation. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance setting a property tax rate of $0.646264 per $100 valuation which is effectively an 11.7% increase over the no-new-revenue tax rate. WHEREAS, this tax levy is in accordance with the Fiscal Year 2023 operating budget adopted on September 6, 2022; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council of the City of Corpus Christi does hereby levy and adopt the ad valorem tax rate on $100 valuation for this city for tax year 2022 as follows: $0.399312 for the purpose of maintenance and operation 0.246952 for payment of principal and interest on debt $0.646264 Total Tax Rate THIS TAX RATE WILL RAISE MORE TAXES FOR MAINTENANCE AND OPERATIONS THAN LAST YEAR'S TAX RATE. THE TAX RATE WILL EFFECTIVELY BE RAISED BY 3.5% PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $13.50. SECTION 2. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2022 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.399312 on each one hundred dollar value on all property, real, personal, and mixed, located within the City of Corpus Christi upon which a tax is authorized to be levied by law and upon all franchises of all individuals, partners, and corporations holding franchises in the City for defrayment of current expenses of the government of the City of Corpus Christi. Said tax shall be assessed upon 100 percent of the market value of property subject thereto. Four cents shall be dedicated for residential street reconstruction in accordance with Article VIII, Section 1(c) of the City Charter and shall be transferred from the General Fund to a dedicated fund on a monthly basis. If the tax rate is reduced by the results of an election to repeal the tax increase to the rollback tax rate, then the reduction shall first reduce the aforementioned residential street reconstruction portion of the tax rate and dedicated fund. SECTION 3. There is hereby levied, to be assessed and collected in current money of the United States of America, for the use of the City of Corpus Christi, Texas, for the tax year 2022 and for each succeeding tax year thereafter, until otherwise provided and ordained, an annual ad valorem tax of $0.246952 on each one hundred dollar value on all property, real, personal, and mixed, and franchises described in Section 2 of this ordinance and assessed upon 100 percent of the market value of property subject thereto, said taxes to be appropriated for the purpose of creating a sinking fund to pay the interest and principal maturities on all outstanding City of Corpus Christi bonds not otherwise provided for and including the interest, agent fees, and maturities of the following City of Page 1 of 4 Corpus Christi bonds: ANNUAL DEBT SERVICE DUE FY 2022-2023 Principal Interest & Total Fees 2010 CO's -Convention Center $160,000 $58,001 $218,001 2012 Public Property Contractual Obligations $670,000 $22,134 $692,134 2012A- General Improvement - Airport $350,000 $5,688 $355,688 2013 General Obligation Bonds $3,945,000 $98,625 $4,043,625 2014 Public Property Financial Obligations $795,000 $71,553 $866,553 2015 GO Refunding 2007A & 2009 $6,455,000 $2,217,625 $8,672,625 2015 General Obligation - Bond 2014 $3,925,000 $3,015,525 $6,940,525 2015 Taxable CO's - Landfill $440,000 $275,256 $715,256 2016 CO's - Facilities $90,000 $54,463 $144,463 2016A GO's Refunding - Streets $425,000 $104,000 $529,000 2016A GO's Refunding - TMPC $755,000 $67,159 $822,159 2016A Tax & Limited Pledge CO's - Streets $695,000 $490,025 $1,185,025 2017 Tax & Limited Pledge CO's - Landfill $255,000 $36,951 $291,951 2018 General Improvement Bonds $660,000 $770,250 $1,430,250 2018A Comb Tax & Ltd Pledge Revenue CO's $580,000 $641,400 $1,221,400 2018B Comb Tax & Ltd Pledge Revenue CO's $295,000 $273,360 $568,360 2019A General Obligation Bonds - Parks $840,000 $134,325 $974,325 2019B Comb Tax & Surplus GO's - Airport $390,000 $81,920 $471,920 2020A General Obligation Improvement $2,725,000 $3,307,875 $6,032,875 2020B GO Refunding - Streets $0 $1,214,750 $1,214,750 2020C General Obligation Refunding Bonds $0 $1,276,532 $1,276,532 Taxable 2021A Comb Tax & Ltd Pledge Revenue CO's $280,000 $310,150 $590,150 2021B Comb Tax & Ltd Pledge CO's - Landfill $390,000 $167,611 $557,611 2021C Taxable GO's Refunding - Landfill/Mix $7,370,000 $292,874 $7,662,874 2021 D GO's Refunding -Airport/Mix $2,675,000 $446,375 $3,121,375 2021 E GO's Refunding - Airport $235,000 $56,025 $291,025 2022A Tax Supported CO's - New Debt $260,000 $539,628 $799,628 2022B Taxable CO's -Self-supporting - New $260,000 $465,061 $725,061 Debt Page 2 of 4 Principal Interest & Total Fees 2022C Tax Supported GO's — New Debt $5,975,000 $1,827,411 $7,802,411 2023 General Fund Lease Payments $3,682,584 $230,955 $3,913,539 Total required for FY 2023 debt service $45,577,584 $18,553,507 $64,131,091 Less: Amount to be paid from ($271,911) unencumbered balance Less: Self-supporting debt ($2,953,489) Excess Collections last year ($4,083,200) Total to be paid from taxes in FY 2023 $56,822,491 Amount added in anticipation that the City $800,966 will collect only 98.61% of its taxes in FY 2023 Total Debt Levy $57.623.457 In addition to the ad valorem tax levy for debt service totaling $57,623,457 the balance of this debt, if any, incurred by the City of Corpus Christi shall be funded from sources other than ad valorem taxes. SECTION 4. All taxes for the tax year 2022 hereby levied shall be due on receipt of the tax bill and shall be delinquent if not paid before February 1 , 2023, except as otherwise provided in the Texas Property Tax Code; and penalty and interest shall be due on any delinquent taxes as provided by Chapter 33 of the Property Tax Code. No discount shall be allowed for early payment of taxes. The Texas Constitution, Property Tax Code, and other applicable laws shall govern all matters related to the taxes levied herein, and the City shall have all authority thereunder. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. The foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2022 by the following vote: Paulette Guajardo Michael Hunter Billy Lerma John Martinez Mike Pusley Ben Molina Roland Barrera Greg Smith Gil Hernandez Page 3 of 4 The foregoing ordinance was read for the second time and passed finally on this the day of , 2022 by the following vote: Paulette Guajardo Michael Hunter Billy Lerma John Martinez Mike Pusley Ben Molina Roland Barrera Greg Smith Gil Hernandez PASSED AND APPROVED on this the day of ' 2022. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 ,SUS G� 011 h AGENDA MEMORANDUM CORPOR I Ordinance for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 16, 2022 TO: Peter Zanoni, City Manager FROM: Eddie Houlihan, Director of Management & Budget EddieHo@cctexas.com (361) 826-3792 Ordinance ratifying the property tax increase reflected in the FY 2022-2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021-2022 Operating Budget in amount of$16,365,789. CAPTION: Ordinance ratifying the property tax increase reflected in the FY 2022-2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021-2022 Operating Budget in amount of$16,365,789. SUMMARY: This item is to adopt the budget with the increase of$16,365,789 in property tax revenues for the upcoming fiscal year as per charter requirement. BACKGROUND AND FINDINGS: City Charter requires City Council to review and act on the Operating Budget on a yearly basis. The City of Corpus Christi is proposing a budget with an increase of$16,365,789 or 11.3% in property tax revenue from last year's operating budget. The $16,365,789 breakdown is General Fund $4,102,920, Debt Service Fund $10,066,876, Residential Street Reconstruction Fund $1,120,015, and Tax Increment Reinvestment Zones $1,075,978, and of that amount an estimated $2,959,040 is tax revenue to be raised from new property added to the tax roll this year. Section 102.007(c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget. A vote under 102.007(c) is in addition to and separate from the vote to adopt the budget or the vote to set the tax rate. Therefore, a separate vote from City Council is required after each vote to adopt the budget. ALTERNATIVES: Approval of the budget is required by the City Charter. FISCAL IMPACT: Total proposed revenues are $1,040,233,151 which includes an increase of$16,365,789 in property tax revenues over the prior year. RECOMMENDATION: To adopt budget with the increase of$16,365,789 in property tax revenues for the upcoming fiscal year as per charter requirement. LIST OF SUPPORTING DOCUMENTS: FY 2022-2023 Ordinance to ratify property tax increase Ordinance ratifying the property tax increase reflected in the FY 2022- 2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021-2022 Operating Budget in amount of$16,365,789. Whereas, the City Council has, on the same date as and prior to its consideration and adoption of this Ordinance, adopted by separate Ordinance the budget of the City of Corpus Christi for the FY 2022-2023; and Whereas, the FY 2022-2023 budget will require raising more revenue from property taxes than in the budget of the City of Corpus Christi for FY 2021-2022; and Whereas, Section 102.007 (c) of the Texas Local Government Code provides that adoption of a budget that will require raising more revenue from property taxes than in the previous year does require a separate vote of the City Council to ratify the property tax increase reflected in the budget, and that a vote under this subsection is in addition to and separate from the vote to adopt the budget or a vote to set the tax rate; and Whereas, in order to comply with that provision, it is necessary for the City Council to adopt this Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. In accordance with the requirements of Section 102.007 (c), Texas Local Government Code, the property tax increase reflected in the FY 2022-2023 Operating Budget that will require raising more revenue from property taxes than in the FY 2021- 2022 Operating Budget in the amount of $16,365,789 is hereby ratified. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor Sc O H v AGENDA MEMORANDUM NOORPORpIEO Public Hearing & First Reading Ordinance for the City Council Meeting 08/30/22 1852 Second Reading Ordinance for the City Council 09/06/22 DATE: August 9, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 602 Saratoga Boulevard CAPTION: Case No. 0422-02, Behmann Brothers Foundation (District 3): Ordinance rezoning property at or near 602 Saratoga Boulevard from the "FR" Farm Rural District to "RS-4.5" Single-Family 4.5 District (Tract 1) and from the "FR" Farm Rural District to the "RE/SP" Estate Residential District with a Special Permit, tract 2). SUMMARY: The purpose of the rezoning request is to allow for single-family residential uses. BACKGROUND AND FINDINGS: The subject property is 255.684 Acres, currently zoned "FR" Farm Rural District, and vacant. To the north are agricultural uses zoned as "IC" Intensive Commercial and "IL" Light Industrial districts. To the south are agricultural uses outside of the city's limit. To the east are agricultural uses zoned as "RS-6" Single-Family 6 district. To the west is a mixture of agricultural and mobile home uses, and vacant properties zoned "FR" Farm Rural, "RMH" Manufactured Home, and "IL" Light Industrial districts. The subject property is in an AICUZ—Air Impact Compatibility Use Zone II (2013 Joint Land Use Study "Safety Subzone"), and inconsistent with the JLUS and AICUZ which do not allow residential above 2 dwelling units per acre. The proposed rezoning requires a Traffic Impact Analysis to be reviewed by the City Traffic Engineering Department and TxDOT since the property fronts a TxDOT managed road. The proposed rezoning is consistent with the JLUS and AICUZ which recommend residential at 2 dwelling units per acre. The proposed zoning is consistent with the Future Land Use Map. However, during the platting phase, the developer will be responsible for installing utility infrastructure that is consistent with the latest adopted master plans, including a proposed 18- inch line along the southern boundary of Saratoga Boulevard (State Highway 357). Additionally, the Texas Department of Transportation (TxDot) will be involved to discuss any improvements that will be required including but not limited to the widening of Saratoga Boulevard, installing improved shoulders, installing sidewalks, traffic signals, and/or the installation of a dedicated acceleration/deceleration lane. Additionally, during the current platting process of the Saratoga Ridge Preliminary Plat, topics such as drainage and the overall installation of public improvements (infrastructure) have been addressed. The developer will be responsible for the installation of public rights-of-way (including all sidewalks) and utility services. As the future phases of development approach the Margaret Kelly Ditch to the north. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map with proposed medium- density residential uses, and many broader elements of the comprehensive plan. Public Input Process Number of Notices Mailed 13 within 200-foot notification area 1 outside notification area As of August 9, 2022: 1 n Favor In Opposition 1 inside notification area 1 inside notification area 0 outside notification area 0 outside notification area Totaling 5.84% of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the zoning from the "FR" Farm Rural District to the: Tract 1 — "RS 4.5" Single- Family 4.5 Residential, Tract 2—"RE/SP" Estate Residential District with a Special Permit. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the rezoning from "FR" Farm Rural District to the: Tract 1 —"RS 4.5" Single-Family 4.5 Residential, Tract 2—"RE/SP" Estate Residential District with a Special Permit on June 15, 2022. Vote Count: For: 8 Opposed: 0 Absent: 1 Abstained: 0 Staff recommends approval of the rezoning from the"FR" Farm Rural District to the: Tract 1 —"RS 4.5" Single-Family 4.5 Residential, Tract 2 — "RE/SP" Estate Residential District with a Special Permit. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0422-02, Behmann Brothers Foundation (District 3): Ordinance rezoning property at or near 602 Saratoga Boulevard from the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District (Tract 1) and from the "FR" Farm Rural District to the "RE/SP" Estate Residential District with a Special Permit. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as: Tract 1 : 80.84-acre tract of land out of Lots 1 , 2, 3, 4, 5, and 6 of the William J. Robertson Farm Tracts, as shown in Exhibit "A." From the "FR" Farm Rural District to the "RS-4.5" Single-Family 4.5 District. Tract 2: 78.73-acre tract of land out of Lots 1 , 2, 3, and 4 of the William J. Robertson Farm Tracts, as shown in Exhibit "A." From the "FR" Farm Rural District to the "RE/SP" Estate Residential District with a Special Permit. The subject property is located at or near 602 Saratoga Boulevard. Exhibit A, which is the Metes and Bounds of the subject properties and Exhibit B which is an associated illustration which are attached to and incorporated in this ordinance. SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following conditions: 1. Density: The only use permitted under this Special Permit, other than those permitted by right in the "RE" Estate Residential District is the use of single-family residential homes at a maximum density of 4 dwelling units per acre. 2. Development Standards: Each single-family property shall be designed in accordance with the "RS-4.5" Single-Family 4.5 District standards listed in Section 4.3.3 of the Unified Development Code (UDC). 3. Stormwater: Any surface detention and/or retention storm water ponds must drain within 48 hours. 4. Open Space: 10% of the property must be designated as an open space. Land located within the Special Flood Hazard Area (SFHA) is not eligible to be considered as open space 5. Flood Hazard Areas: Single-family homes may not be constructed on property designated as a Special Flood Hazard Area as per the latest approved floodplain map. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. SECTION 3. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 4. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 5. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall become effective upon publication. Page 2 of 8 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 8 Exhibit A I 't 11IBIT"A" 1 1,%CT I OF 2 STATE OF TEXAS COUNTY OF Nil F.C'h.S Field mates for a 80.840 acre tra ci of land ota ol"I A+i I,2.3.4,5,.�n,I c, ,t'the'M1 Il .r„ .I k, I.: I racts,a ioNfvIs,ion of Nucc;es County,as shown on the r•.!1,a1 t.r: , i,,L . ,1, ii 1 Ii:i •_ , ,, t 1 cel the Map Records ot'Nueces['aunt►.Texas,aatui hi,ing,marc lrtrti,;uLo I L. „TI11C,I -. I-, . i General Warranty Docd with Vendor's lien tticordtxi under fk)cnnlent No.200 i;.; a r,4 t Gley[alt c:ial Public Records of Ntreces County. l c.as,and being nta;rre Wieularlc da:,cribcd as follows: COMMENCING at a 5f8 inch diameter iron rid found at the intersection of the northerly right of way line of State Highway 357 and the easterly boundary line of 4 of the;William J. Robertson Farre Tracts,a subdivision of lNueaces County,as shown on the map thereof recorded in Volume 3,Page 31 of the Map Records ofNucecs Count}.Texas.for the POINT OF COMMENCLINILN'f; THENCE,N 16"42' 31"W,a distance of 423.94 feet to the southeast corner of this tract and the POINT OF BEGINNING; THENCE,N 61°45'32"W a distance of 2768.31 feet to the southwest eorwr of this tract. THENCE.N 28"34' IT'E.a distance of 1690.49 feet to the northwest canter of this tract; THENCE:,S 441155' 54"E,a distance of 2883.48 feet to the northeast comer of this tract; THENCE,S 28"20' 14"W,a distance of 855.74 foci to the POINT OF BEGINNING,and containing 80.840 acres of land,more or less. Page I of 2 Page 4 of 8 Notes, -) Bearings are bused on-Global Positioning 5y°sWm NAD 83 Zone 4205 Datum 2-) A map of equal date accompan ies A is Mete and Flounds d rip tion, I, Fred C.Hayden,Jr.,do hereby certify that this survey of the property legally described herein was made on the ground this dkv 01, M 2022, arwd is correct to the best of my knowlodgc and belief. FP' Fred C- Idbyden,Jr., RP[.5 No.4486 Page?of? Page 5 of 8 EXHIDIT"A" TRACE'2 OF 2 STATE OF TEXAS COUNTY OF NUECFS Firld notes for a 78.737 acre tinct of land out of Cots I,2,3,and 4 of the William J. Robcrtson Exam Tracts,u subdivision ofNueces County,as shown un the map thereof roc;orded in Volume 3,late 31 of d,c Map Records of Nucccs County,Texas,and being more particularly described as Tract I in the Cniul-al Warranty Deed with Vendor's Lien recorded under Document No.20!15463946 cif the Official Publ is Records of Nucces County,Tex;w&and being more partk+vlarly de x-ribed as 1161k)ws, COMMENCING at a 518 inch diamreter iron rod found at the intersection of the northerly right of way line of Slate Highway 357 and the easterly boundary line of Lz4 4 of the William J. Robertson Farm Tracts,a subdivision of TNueces County,as shown on the rnap tlWereof recorded in Volume 3,Page 31 of the Map Records of Nueces County,Texas,for the PCNT+T OF COMMENCEMENT, THENCE,N 16"42' 31"W,a distance of 42.3.94 fest to a point. THENCE,N 2812-0' 14" E,a distance of$55,74 fleet to the southeast corner of this tract and the POINT OF BEG INN IN40, THENCE,N 44°55' 54"W,a distance of 2883,48 feet to the southwest earner Oflhis It`UL THENCE:,N 2$"34' 1T'E,a dis.tanuc of-599,87 feet to the northwest corner ofthis tract; "THENCE.S 77"47' 53"E,a 4stance of746,77 feet to an cxlerior corner of this tract; THENCE,S 64°20'05"E.a distance of 619.43 feet to an interior conicr of-this tract; THENCE,S 77 47' 41"E,a distance of 622.06 feet to an cmtericyr vorr"ofthis tract THENCE, 5 67"31' 34"F,a distance of 863.93 Feet to the northeast comer of this tract; Plage I of } Page 6 of 8 THLNL,L,S-A' 20- 14-' ',N- d61 ,jj,,—t %,,,I -,'I I.,k,[ +,- P(illi t (11' W t and containing 78.737 acres of land,more or lc-ss. Notes: 1.) Bearings are 1)�111 L' ' is t.i!-+';I I it. nI ik Datum 2.) A map of equal date accompanics this. ML i d It iiiiJ, A 111111- 1 1, Fred C.Hayden.Jr..do hereby s.:crtity tkiat t1ii. .,I -pal I k ,:-'ribud licroill 1v a7 nr:rtr on the ground this 18""' day of '117 ;Illd is como i, A hest of ir:,, knowledge and belief 01= Te t W, "A 4�4 7 TAE Selo$ 'hot Fred C.Hayden,Jr.. RPLS No.4486 Pagi;2 of 21 Page 7 of 8 Exhibit B CR d) r r� 9LLy4'N a�rr r � f / N f c 8 �-A 1 0 r `f SSI IY 03 tj Y c+�y, r r o / LO d W �e24 sv 4� / / r a $ xsV Cl) Page 8 of 8 ZONING REPORT Case # 0422-02 Applicant & Subject Property City Council District: 3 Owner: Behmann Brothers Foundation Applicant: MVR Construction Company Address and Location: 602 Saratoga Boulevard, located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road Legal Description: 255.684 acres out of Tracts 1 thru 6, William J. Robertson Farm Tracts Acreage of Subject Property: 159.5 acres Proposed Tracts: Tract 1 — 80.8 acres, Tract 2 — 78.7 Acres* = 158 Acres Zoning Request From: "FR" Farm Rural District To: Tract 1 — "RS 4.5" Single-Family 4.5 Residential, Tract 2 — "RE/SP" Estate Residential District with a Special Permit Purpose of Request: To allow for single-family residential homes. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "FR" Farm Rural Agricultural Medium Density Residential North "IC" Industrial Compatible, Agricultural Light Industrial, Medium "IL" Light Industrial Density Residential South Outside City Limits Agricultural Outside City Limits East "RS-6" Single-Family 6 Agricultural Medium Density Residential "FR" Farm Rural, "RMH" Agricultural, Mobile Home, g Medium Density Residential, West Manufactured Home, "IL" Vacant High Density Residential Light Industrial Plat Status: Property is not platted. Air Installation Compatibility Use Zone (AICUZ): Yes. Accident Potential Zone II (APZ-2) (2013 Joint Land Use Study, "Safety Subzone") Code Violations: None. Transportation & Circulation for Saratoga Boulevard Urban Street' Designation' Section Proposed' Section Existing' Saratoga A3 6 Lanes, Median 2 Lanes, Boulevard Primary Arterial Divided 130 Feet 25 Feet No Shoulder Road Segment Length2 Total 2 Total Volume to Volume Capacity2 Capacity Ratio2 Saratoga 0.81 mile 10,835 13,934 0.78 Boulevard (West from CR 35) Zoning Report Page 2 1 .0 mile (East from Old Brownsville 4,753 13,934 0.34 Road) Distance to Bicycle Network Bicycle Infrastructure Segment Proposed 3 Segment Existing To the east and to the north 2.4 1-Way Cycle Track (Both Sides) None miles 1 City portation Plai. 2 Corpus Christi MPO Travel Demand Model Volumes 3 Strategic"in for Active Mobility Transit: The Corpus Christi RTA provides service to the subject property via Bus Route 19 Ayers with a bus stop (Greenwood @ Sanderson) approximately 1 .0 miles to east of the subject property. Utilities Gas: 4-inch gas service line located along Saratoga Boulevard. Stormwater: Storm ditch located along Saratoga Boulevard. Wastewater: 6-inch Vitrified Clay Pipeline (VCP) along Saratoga Boulevard (Greenwood Wastewater Treatment Area) Force Main. Wastewater Master Plan: Proposed 18-inch line along the southern boundary of Saratoga Boulevard (State Highway 357). Water: 54-inch CSCP line located Saratoga Boulevard. Corpus Christi Comprehensive Plan Plan CC: Provides a vison, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Westside Area Development Plan (Adopted February 28, 1995, update currently underway). Future Land Use Map: Medium Density Residential. Water Master Plan: Currently, there are no proposed improvements. Wastewater Master Plan: 5 proposed manholes throughout property, proposed mains. Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed — 13 within 200-foot notification area Returned Notices: In Favor — 1 inside notification area In Opposition — 1 inside notification area 5.84% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: May 4, 2022 (TABLED) Planning Commission Hearing Date: June 15, 2022 City Council 1St Reading/Public Hearing Date: August 30, 2022 City Council 2nd Reading Date: September 6, 2022 Comprehensive Plan Consistency: Plan CC: The proposed rezoning consistent with following Goals and Strategies for Decision Makers: Zoning Report Page 3 • Future Land Use, Zoning and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Housing and Neighborhoods • Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. Westside Area Development Plan: The proposed rezoning is consistent with the following: • The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan. Future Land Use Map: The proposed rezoning is consistent with the Future Land Use Map with proposed medium-density residential uses. Air Installation Compatibility Use Zone (AICUZ) and Joint Land Use Study (JLUS): The proposed rezoning is consistent with the AICUZ and JLUS which do not recommend residential above 2 dwelling units per acre. The AICUZ land use compatibility guidelines state, "Suggested maximum density for detached single-family housing is 1-2 dwelling units per acre. In a Planned Unit Development (PUD) of single-family detached units were clustered housing development results in large open area, this density could possibly be increased provided the amount of surface area covered by structures does not exceed 20% of the PUD total area. A PUD encourages clustered development that leaves large open areas." Traffic Impact Analysis: Per the UDC: 3.29 Traffic Impact Analysis (TIA) 3.29.6. Planning Commission Report The Planning Commission shall make a report to the City Council on all Traffic Impact Analysis it considers in conjunction with requests for rezoning. The Planning Commission may make a recommendation for approval, modification, or denial of the zoning case based on other planning factors in addition to its review of a Traffic Impact Analysis. In addition, the Planning Commission may recommend, in addition to measures defined above, that a study of the Transportation Plan be made to determine amendments required to ensure adequate long-term capacity. The conclusions of the TIA are as follows: The traffic capacity of the existing S.H. 357 (Saratoga Boulevard) two lane rural roadway section can accommodate Units 1 through 5 of the proposed development and maintain a Level of Service of D or better. The traffic capacity of S.H. 357 will need to be increased to accommodate the remaining units of the development and maintain the desired traffic level of service. In addition, traffic accessing the proposed development will be generating a high percentage of turning movements onto and off S.H. 357. Therefore, proposed street intersection construction should include right turn deceleration lane and protected left turn lane improvements. As traffic volumes increase or as additional street connections are proposed, raised median or "worm" turning lanes should be considered. All proposed street connections and associated improvements will need to be coordinated Zoning Report Page 4 and approved by TXDOT, as S.H. 357 is under TXDOT jurisdiction. Traffic data and calculations will require further review with TXDOT to identify warrants for intersection signage and/or signalization. TXDOT does not currently list any proposed studies or improvements to this section of S.H. 357 in their online project tracker system. Note: The property's frontage is a TxDOT (Texas Department of Transportation) managed road. As such, City Traffic Engineering has submitted the TIA to TxDOT. Due to the large nature of the project, TxDOT has not yet completed their review and they currently do not have a projected date of completion. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezonings. . . It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose of the rezoning request and conducted research into the properties land development history to include platting, zoning, existing surrounding land uses and potential code violations. • The proposed rezoning is consistent with the JLUS and AICUZ which recommend residential at 2 dwelling units per acre. • The proposed zoning is consistent with the Future Land Use Map. • During the platting phase, the developer will be responsible for installing utility infrastructure that is consistent with the latest adopted master plans. Additionally, the Texas Department of Transportation (TxDot)will be involved to discuss any improvements that will be required including but not limited to the widening of Saratoga Boulevard, installing improved shoulders, installing sidewalks, traffic signals, and/or the installation of a dedicated acceleration/deceleration lane. After tabling of this case on May 4, 2022, staff met with the applicant. Of particular importance was the initial incompatibility with the AICUZ. Staff discussed with the applicant the possibility of separating the subject property into two parcels within the AICUZ (Safety Subzone of the Joint Land Use Study (JLUS)) as the point of reference. The applicant has formally amended their rezoning application to a request for the "RS-4.5" Single-Family 4.5 District and the "RE/SP" Residential Estate District with a Special Permit. As such Tract I, which is 80.8 acres and is NOT in the AICUZ, is proposed to be rezoned "RS- 4.5" Single-Family 4.5 District with a maximum potential density of approximately 875 homes, while Tract II, which is 78.7 acres and IS in the AICUZ, is proposed to be rezoned to "RE/SP" Estate Residential with a Special Permit. The Special Permit clusters density on Tract II consistent with clustered housing recommended in the AICUZ. Approximately, a total of 134 acres are in the "Safety Subzone". According to JLUS/AICUZ, at 2 du/ac, 268 homes could be developed. Tract II is proposed "RE/SP" Estate Residential" with a Special Permit and a remainder tract of 62.21 acres will remain "FR" Farm Rural District. For Tract 11, ten percent will be open space (7.18 acres) leaving 64.61 acres developable. 244 homes at 4 dwelling units per acre are to be constructed on the 78.7 acres, according to metes and bounds. Acres within a Special Flood Hazard Area (SFHA) designation total 62.21 . In sum, that is an open space percentage of 46.43%. 55.3 acres in Tract I will remain "FR" Farm Rural in Accidental Potential Zone 11 (APZ II). See Table 1 , 2 and 3 below: Zoning Report Page 5 Table 1: Acreage Total Acres 264 Acres in Accident Potential Zone 2 (APZ-2) 134 Acres designated AE, AO 62.21 Zones AE and AO are designations of Special Flood Hazard Areas(SFHA)as per the Federal Emergency Management Agency (FEMA) Table 2: Density Acres Developable 71 .79 Acreage Calculation 134 acres — 62.21 acres = 71 .79 acres Potential Homes 287 (pre-open space requirement) Homes Calculation 71 .79 acres x 4 du/a = 287 homes Potential Homes (10% Open Space Req.) 258 Homes Calculation 71 .79 acres-10%= 64 acs.@ 4du/ac=258 du's Overall density of all property in APZ-2 134 acres/258 du's = 1.92 du/ac* *AICUZ Guidelines recommend a maximum density of 2 du/ac within APZ-2 Planning Commission and Staff Recommendation: Approval of the "RS 4.5" Single-Family Residential District for Tract I and approval of "RE/SP" Estate Residential District with a Special Permit and subject to the following conditions: 1. Density: The only use permitted under this Special Permit, other than those permitted by right in the "RE" Estate Residential District is the use of single-family residential homes at a maximum density of 4 dwelling units per acre. 2. Development Standards: Each single-family property shall be designed in accordance with the "RS-4.5" Single-Family 4.5 District standards listed in Section 4.3.3 of the Unified Development Code (UDC). 3. Stormwater: Any surface detention and/or retention storm water ponds must drain within 48 hours. 4. Open Space: 10% of the property must be designated as an open space. Land located within the Special Flood Hazard Area (SFHA) is not eligible to be considered as open space 5. Flood Hazard Areas: Single-family homes may not be constructed on property designated as a Special Flood Hazard Area as per the latest approved floodplain map. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Attachments: A. Location Map (Existing Zoning & Notice Area) B. Tract I and II C. Returned Notices D. Traffic Impact Analysis Zoning Report Page 6 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA !L 2 �o 0 $ 1L -2 10 C0N', C Tr / �4� R M H 4 P �' 4 SUBJECT PROPERTY IL /,` IL , RS- 6 6 0 RS-4. G� Sq�grOG`J& CG-2 //{{ C G- CASE. 0422-02 nrtlancl Zoning and notice Area RM-1 Mulhf..milyl IL Light lndestrlal f� TnuS RM-2 Multi 1.,,i y 2 IH Heavy industrial Y P RM-3 w",f,i ily3 Pl1D Pl;mned unit Dev.Overlay _ �r��; ON Profcs--i Off- RS-10 single-Family 10 R4il,ialfl RM-0.T Multifamily AT RS-6 Single-Family6 ¢ CN.1 Neighborhood Commercial RS-4,5 Single-Family,4.5 CN-2 Neighborhood Commercial RS•TF Two-Famiiy CR-1 Resort Commercial RS-15 Single-Family,15 CR-2 Re sort Commercial RE Resitlential Estate CG-1 General Commercial RS-TH Townhouse CG-2 General Commercial SP Special Permit Cl Intensive Commercial RV Recreational Vehieis Park SUBJECT\ CBO Downtown Commercial RMH Manufactured Home CR-3 Resort Commercial PROPERTY FR Farm Rural H Historic Overlay EP Business Park s�nie�,vropeny 0 owner mm saadunr mtaver .....•�. e�own�rs wanie zoo na•rea on y owners City of anerhed ownership renre I�oppoairm" Corpus Christi Esrl,HERE, LOCATION MAP Zoning Report Page 7 ATTACH MENT B: Tracts I and II r r a N 7' {37 .yo Jl [ll •1 8 ® �f 0 o � � s2 o r" q 0� r I� 8 of Mgr I 6 J* x =� I�A 2 lg ��n Zoning Report Page 8 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Development Services Department at least 48 hours in advance at(361) 826-3240. Personas con inca acidades que tienen la intencibn de asistir a esta munta y que re uieren servicios es eciales se les su lica que den aviso 48 horas antes de la junta klamando al departamento de servicios de desarrollo al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la junta y su inales es limitada favor de Ilamar al de artamento de servicios de desarrollo al numero 361 826-3240 al menos 48 horas antes de la 'unta para solicitar un interprete ser presente durante la junta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0422-02 Behmann Brothers Foundation has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm-Rural District to the"RS-4.5"Single Family 4.5 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: " t A property located at or near 602 Saratoga Boulevard arid described as 255.684 acres out of Tracts 1 thru 6, William J. Robertson Farm Tracts, located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 4, 2022,during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT, SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277, ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person,by telephone call or by letter. Printed Name:� s1, - Address: I �� l 2/� �f City/State:(F ( (. V� ,i' ( ) IN FAVOR (/)SIN OPPOSITION Phone: REASON: cul Ural #� w?✓G� I Y' p �yL uc f W "TDUY4 w 7- �J l Signature SEE MRP ON REVERSE SIDE Case No.0422-02 INFOR Case No.:22ZN1011 Case Manager Elena Buentello Property Owner ID:8 Email:eienab@cctexas.com Zoning Report Page 9 Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the Developmetlt Services Department at least 48 hours in advance at(361)826-3240. Personas con incapacidades, que tienen la intenci6n de asistir a esta junta y que reguieren servicios especiales se les suplica que den aviso 48 horas antes de la junta Ilamando al departamento de servicios de desarrollo al numero(361)826-3240. If you wish to address the Commission during the meeting and your English is limited, please call the Development Services Department at(361) 826-3240 at least 48 hours in advance to request an interpreter be present during the meeting. Si usted desea dirigirse a la commission durante la munta v su ingl(5s es limitado, favor de Ilamar al departamento de servicios de desarrollo al numero(361) 826-3240 al menos 48 horas antes de la junta para solicitar un int6rprete ser presente durante la iunta. CITY PLANNING COMMISSION PUBLIC HEARING NOTICE Rezoning Case No. 0422-02 Behmann Brothers Foundation has petitioned the City of Corpus Christi to consider a change of zoning from the "FR" Farm-Rural District to the"RS-4.5" Single Family 4.5 District, resulting in a change to the Future Land Use Map. The property to be rezoned is described as: A property located at or near 602 Saratoga Boulevard and described as 255.684 acres out of Tracts 1 thru 6, William J. Robertson Farm Tracts, located along the north side of Saratoga Boulevard, south of West Point Road and east of Old Brownsville Road. The Planning Commission may recommend to City Council approval or denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. The Planning Commission will conduct a public hearing for this rezoning request to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, May 4, 2022, during one of the Planning Commission's regular meetings, which begins at 5:30 p.m., in the City Council Chambers, 1201 Leopard Street. You are invited to attend this public hearing to express your views on this rezoning request. For more information, please call (361) 826-3240. TO BE ON RECORD,THIS FORM MUST BE FILLED OUT,SIGNED BY THE CURRENT PROPERTY OWNER(S)AND MAILED IN ITS ENTIRETY TO THE DEVELOPMENT SERVICES DEPARTMENT, P. 0. BOX 9277, CORPUS CHRISTI, TEXAS 78469- 9277. ANY INFORMATION PROVIDED BELOW BECOMES PUBLIC RECORD. NOTE: In accordance with the Planning Commission By-Laws, no discussion shall be held by a member or members of this Commission with an applicant or appellant concerning an application or appeal, either at home or office, or in person,by telephone call or by letter. Printed Name: Evzq-,-5- /7 ? Address: �/1 -5�-/�C�G _L,, 19 City/State: /`��T� 7;e � /�� IN FAVOR ( ) IN OPPOSITION Phone�)�/2__ ,-5-� � REASON: ,1 Signature SEE MAP ON REVERSE S)DE Case No 0422-02 INFOR Case No.:22ZN1011 Case Manager.Elena Buentello Property Owner IO:11 Email:elenab@cctexas.mm Zoning Case #0422-02 P , u BEHMANN BROTHERS FOUNDATION REZONING FOR A PROPERTY AT 602 SARATOGA BLVD FROM "FR" TO "RS-4.5" and "RE/SP" CITY COUNCIL MEETING:August 30,2022 Zoning and Land Use p IL I-C Area Development Plan: Westside (Adopted February 21, 1995) p IL j 2 �Q Existing Zoning: °9c e Farm Rural District ?"'" Proposed Use: SF,C Pts° t> Single-Family Residential (Medium Density Residential) o°� SUBJECT 1 L ILS PROPERITY ` Future Land Use Map: IL 'L � RS-6 Medium Density Residential Adjacent Land Uses: North: Agricultural RS-4.: South: Outside City Limits (Agricultural) N QA East: Agricultural sgRgo 1 cc-z West: Agricultural, Mobile Home, Vacant,e cc) Air Installation Compatibility Use Zone Tract II '• 78.7 Acres • Subj-ct .� �roperty s o �00 Tract I 80.8 Acres 3 Floodplain Legend AE AE.FLOOD)PIAY AO. Tract II Tract 1 78.7 Acre 0.8 Acres `�c Public Notification 13 NOTICES MAILED INSIDE 200' BUFFER ft 1 NOTICE MAILED OUTISDE 200' BUFFER a Notification Area Opposed- 1 (5.84%)* R""�t"gP5 Separate Opposed Owners. 1 RS-6 In Favor: 1 (17.77%)* f N R5 1 �4� CG•2 "Notified property owner's land in SQF/Total square footage of all property in the notification area= Percentage of public opposition. cG Traffic Impact Analysis • The proposed rezoning requires a Traffic Impact Analysis (TIA). While the applicant has submitted a TIA, the property fronts a TxDOT (Texas Department of Transportation) managed road. • Development Services staff is awaiting City Traffic Engineering and TxDOT to complete their review of the submitted TIA. • According to the UDC: • The Planning Commission shall make a report to the City Council on all Traffic Impact Analysis it considers in conjunction with rezoning requests. The Planning Commission make a recommendation for approval, modification, or denial of the zoning case based on other planning factors in addition to its review of a TIA. Traffic Impact Analysis CONCLUSIONS: The traffic capacity of the existing S.H. 357 (Saratoga Boulevard) two lane rural roadway section can accommodate Units 1 through 5 of the proposed development and maintain a Level of Service of D or better. The traffic capacity of S.H. 357 will need to be increased to accommodate the remaining units of the development and maintain the desired traffic level of service. In addition, traffic accessing the proposed development will be generating a high percentage of turning movements onto and off of S.H. 357. Therefore, proposed street intersection construction should include right turn deceleration lane and protected left turn lane improvements. As traffic volumes increase or as additional street connections are proposed, raised median or "worm" turning lanes should be considered.All proposed street connections and associated improvements will need to be coordinated and approved by TXDOT, as S.H. 357 is under TXDOT jurisdiction. Traffic data and calculations will require further review with TXDOT to identify warrants for intersection signage and/or signalization. TXDOT does not currently list any proposed studies or improvements to this section of S.H. 357 in their online project tracker system. Any proposed mitigations will be installed during the Public Improvements phase of platting. Staff Analysis and Recommendation • The proposed rezoning is consistent with the Joint Land ��♦ N Use Study and Air Installation Use Compatibility Use Zone which do not recommend residential above 2 dwelling units per acre. AICUZ allows cluster housing resulting in large open VAC, 3g2g764 0 SF areas. AREA 01619911`1. The proposed zoning is � � W M. e LO, The consistent with the Future Land }r s Use map 6 After tabling of this case on May \— AREA;9064 a" 4, 2022, staff and the applicant LO-T 5 fq conferred and have and propose the separating the subject DoT property into parcels with the ��a AICUZ as the point of ,\ ro Reference. Tract I = 80.840 acres • Tract II = 78.737 acres 8 Planning Commission & Staff Recommendation Approval of the "RS 4.5" Single-Family Residential District for Tract 1 and approval of "RE/SP" Estate Residential District with a Special Permit for Tract 2 and subject to the following conditions: 1. Density: The only use permitted under this Special Permit, other than those permitted by right in the "RE" Estate Residential District is the use of single-family residential homes at a maximum density of 4 dwelling units per acre. 2. Development Standards: Each single-family property shall be designed in accordance with the "RS-4.5" Single-Family 4.5 District standards listed in Section 4.3.3 of the Unified Development Code (UDC). 3. Stormwater: Any surface detention and/or retention storm water ponds must drain within 48 hours. 4. Open Space: 10% of the property must be designated as an open space. Land located within the Special Flood Hazard Area (SFHA) is not eligible to be considered as open space 5. Flood Hazard Areas: Single-family homes may not be constructed on property designated as a Special Flood Hazard Area as per the latest approved floodplain map. 6. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 7. Time Limit: In accordance with the UDC, this Special Permit shall be deemed to have expired within 12 months of this ordinance unless a complete building permit application has been submitted, and the Special Permit shall expire if the allowed use is discontinued for more than six consecutive months. Tables Table 1: Acreage Total Acres 264 Acres in Accident Potential Zone 2 (APZ-2) 134 Acres designated AE, AO 62.21 Zones AE and AO are designations of Special Flood Hazard Areas(SFHA)as per the Federal Emergency Management Agency (FEMA) Table 2: Density Acres Developable 71.79 Acreage Calculation 134 acres—62.21 acres = 71.79 acres Potential Homes 287 (pre-open space requirement) Homes Calculation 71.79 acres x 4 du/a = 287 homes Potential Homes (10% Open Space Req.) 258 Homes Calculation 71.79 acres-10%= 64 acs.@ 4du/ac=258 du's Overall density of all property in APZ-2 134 acres/258 du's = 1.92 du/ac* *AICUZ Guidelines recommend a maximum density of 2 du/ac within APZ-2 I L IL y ��S - V � •l t� »L SUBJECT � ` PROPERTY <<0 RS -6,r RS- 4 - CG CASE: 0422-02 PortlNnd Aerial View corpus ® Subject Robstcrrrn Christ Property SUBJECT\ PROPERTY City of CapuS Esri, HERE, CIu SJ LOCATION MAP SC �o AGENDA MEMORANDUM v Public Hearing & First Reading Ordinance for the City Council Meeting 08/30/2022 Second Reading Ordinance for the City Council Meeting 09/13/2022 µCORPOR I 1852 DATE: August 5, 2022 TO: Peter Zanoni, City Manager FROM: Al Raymond, AIA, Director Development Services Department AlRaymond@cctexas.com (361) 826-3575 Rezoning a property at or near 4958 Weber Road. CAPTION: Case No. 0622-01, Palomino Realty & Management Corp (District 2): Ordinance rezoning property at or near 4958 Weber Road (from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District.) SUMMARY: The purpose of this rezoning is to allow for a Two-Family Residential Development. BACKGROUND AND FINDINGS: The subject property is 0.18 Acre. To the north, properties are zoned "RS-6" Single-Family 6 District with Low-Density Residential uses. To the south, "CN-1" Neighborhood Commercial District with Commercial uses. To the east, "RS-6" Single-Family 6 District with Low-Density Residential uses. To the west, "RS-6" Single-Family 6 District with Low-Density Residential uses. The subject property was purchased in 2021 by the applicant, and has four bedrooms with two main areas, as defined by Nueces County Appraisal District. On the Land Use Statement, the applicant stated the structure has two units, and he would like to bring the property into conformity with the rezoning. The parking requirements associated with the use will be evaluated upon an application for a Building Permit or Certificate of Occupancy. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency and considering public input, staff proposes approval of the change of zoning. Conformity to City Policy The proposed rezoning is consistent with the Future Land Use Map and many broader elements of the Comprehensive Plan. Public Input Process Number of Notices Mailed 22 within 200-foot notification area 6 outside notification area As of August 26, 2022: I n Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area Totaling 0 % of the 200-foot notification area* is in opposition. *Created by calculating the area of land immediately adjoining the subject property and extending 200-foot therefrom. The opposition is totaled by the total area of land that each individual property owner owns converted into a percentage of the total 200-foot notification area. Notified property owner's land in square feet/Total square footage of all property in the notification area = Percentage of public opposition ALTERNATIVES: 1. Denial of the rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. FISCAL IMPACT: There is no fiscal impact associated with this item. RECOMMENDATION: Planning Commission recommended approval of the change of zoning from the "RS-6" Single- Family 6 District to the "RS-TF" Two-Family District on July 13, 2022. Vote Count.- For: ount:For: 7 Opposed: 0 Absent: 2 Abstained: 0 Staff recommended approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Case No. 0622-01 Palomino Realty & Management Corp (District 2): Ordinance rezoning a property at or near 4958 Weber Road from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the Planning Commission during which all interested persons were allowed to be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi's Unified Development Code ("UDC") and corresponding UDC Zoning Map; WHEREAS, with proper notice to the public, a public hearing was held during a meeting of the City Council, during which all interested persons were allowed to be heard; WHEREAS, the City Council has determined that this rezoning is not detrimental to the public health, safety, or general welfare of the City of Corpus Christi and its citizens; and WHEREAS, the City Council finds that this rezoning will promote the best and most orderly development of the properties affected thereby, and to be affected thereby, in the City of Corpus Christi. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The Unified Development Code ("UDC") and corresponding UDC Zoning Map of the City of Corpus Christi, Texas is amended by changing the zoning on the subject property described as Lot 1 , Block 1 , Nanjean Park, as shown in Exhibit "K.- From the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. The subject property is located at or near 4958 Weber Road as shown in Exhibit A. Exhibit A, which is a map, is attached to and incorporated in this ordinance. SECTION 2. The UDC and corresponding UDC Zoning Map of the City, made effective July 1 , 2011 and as amended from time to time, except as changed by this ordinance, both remain in full force and effect including the penalties for violations as made and provided for in Article 10 of the UDC. SECTION 3. To the extent this amendment to the UDC represents a deviation from the City's Comprehensive Plan, the Comprehensive Plan is amended to conform to the UDC, as it is amended by this ordinance. SECTION 4. All ordinances or parts of ordinances specifically pertaining to the zoning of the subject property that are in conflict with this ordinance are hereby expressly repealed. SECTION 5. A violation of this ordinance, or requirements implemented under this ordinance, constitutes an offense punishable as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall become effective upon publication. Page 2 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 3 of 4 Exhibit A RS-6 RS-6 � SUBJECT l PROPERTY— RS-� CN- 1 CG-2 RS- TF CG-2 CASE: 22NZ1019 SUBJECT PROPERTY WITH ZONING corlm s 7 :.tcx:n Christi Subject Property rvul lime 7h;'I't :-I L;Wd 1,,d�tl DiltFlQt —(w -2 L ght ln0 Moral DtWicl A- .IIIAlllllI 1.3 H InduMnal Dlslrict Ah I.,jr, Pon M,.-M!,D—I.p.— AT A"It I I,,�kll c R-IA 0-1 ly Dwdli,g Di,ft!M SUBJECT E i N_'".,,.,:'.r. Cl-,I-,;r R-19 r.1 1,D'.1[,,0 D-l't PROPERTY — E�1A N,.io, I 1 1-1 1, R-1c: 0,,1 Dli,gDislrict 9:2 B—f R-2 .1 p I D'9-1 S?A R,, 1 .1, RA I 1l n,DEIF11.1 B" 5DRE Ed R-TH .11 D,.1-1 �R o 3T1, T dl I L'l, Citv of BE' —.11,D—g,D,,t T-�B M I......Ir,,, F 13 F E 1, T.C ';I H r-S,bdi,,,io,, 11 1 L-d—rk Christi ;SII.HERE, He , LOCATION LAT:16N MAP Page 4 of 4 ZONING REPORT Case # 0622-01 Applicant & Subject Property City Council District: 2 Owner: Palomino Realty and Management Corporation Applicant: Cesar Palomino Address and Location: 4958 Weber Road located along the north side of Delphine Street and east of Weber Road Legal Description: Lot 1, Block 1, Nanjean Park Acreage of Subject Property: 0.18 Zoning Request From: "RS-6" Single-Family 6 District To: "RS-TF" Two-Family District Purpose of Request: To allow for a two-family residential development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RS-6" Single-Family 6 Low Density Residential Medium Density Residential North "RS-6" Single-Family 6 Low Density Residential Medium Density Residential South "CN-1" Neighborhood Commercial Commercial Commercial East "RS-6" Single-Family 6 Low Density Residential Medium Density Residential Low Density Residential and Medium Density West "RS-6" Single-Family 6 Commercial Residential and Commercial Plat Status: Property is platted. Air Installation Compatibility Use Zone (AICUZ): No. Code Violations: None. Transportation and Circulation FOR Weber Road and Delphine Street Designation-Urban Section Proposed Section Existing Street Weber Road 4 Lanes, "Al" Minor Arterial 95' R.O.W. Center Turn Lane, 60 Feet Designation-Urban Section Proposed Section Existing Delphine Street Street Local Road 50' R.O.W. 2 Lanes, 70 Feet Zoning Report Page 2 Transit: The Corpus Christi RTA provides transit services via Bus Route 32 Southside with a bus stop on the corner of Weber Road and Delphine Street. Utilities Gas: 4-inch WS gas service line located along Delphine Street. Stormwater: 15-inch RCP storm pipe located along the frontage. Wastewater: 8-inch Clay wastewater line located along the rear property line. Water: 6-inch ACP waterline located Delphine Street, and a 4-inch ACP water line located along the rear property line. Corpus Christi Comprehensive Plan Plan CC: Provides a vision, goals, and strategies, to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction (ETJ) was adopted in 2016. Area Development Plan (ADP): According to Plan CC the subject property is located within the Southeast Area Development Plan (Adopted July 11 , 1995, update currently underway). Future Land Use Map: Medium Density Residential Water Master Plan, Wastewater Master Plan, Stormwater Master Plan: Currently, there are no proposed improvements. Public Notification Number of Notices Mailed . 22 within a 200-foot notification area • 6 outside 200-foot notification area In Opposition . 0 inside notification area • 0 inside notification area • 0% in opposition within the 200-foot notification area Public Hearing Schedule Planning Commission Hearing Date: July 13, 2022 City Council 1St Reading/Public Hearing Date: August 30, 2022 City Council 2nd Reading Date: September 13, 2022 Background: The subject property was purchased in 2021 by the applicant. The subject property has four bedrooms with two main areas, as defined by Nueces County Appraisal District. On the Land Use Statement, the applicant states that the building has two units. The applicant would like to come into conformity with the proposed rezoning. Note: Parking requirements for this use would be four (4) total parking spaces. The required number of parking spaces will be evaluated at the time a Building Permit or Certificate of Occupancy is applied for. Zoning Report Page 3 Comprehensive Plan Consistency: Plan CC: The proposed rezoning is generally consistent with the following Goals and Strategies for Decision Makers: • Future Land Use, Zoning, and Urban Design • Promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Encourage orderly growth of residential, commercial, and industrial areas. • Promote a balanced mix of land uses to accommodate continued growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Housing and Neighborhoods • Support the planning, regulatory, and funding initiatives needed to provide a diversity of housing types—rental and ownership, market-rate, and assisted—to meet community needs. • Encourage appropriate transitions between commercial and residential developments and between high and low-density residential developments. • Transportation and Mobility • Support the development of mode-choice corridors for bicycles, pedestrians, and public transportation. Future Land Use Map: The proposed rezoning is consistent with the Future Land Use Map. • Medium density residential. Staff Analysis: "While the comprehensive plan is consulted when making decisions about rezoning. It does not justify the denial of a plat or the development of land." (Plan CC). Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis staff notes the following: • The proposed rezoning is consistent with the Future Land Use Map and consistent with many broader elements of the Comprehensive Plan. • Two-family and single-family uses are both medium density land uses. A two-family property can coexist with the neighborhood of single-family homes. • The two-family use will provide a buffer between commercial uses to the south and the single-family neighborhood. After evaluation of case materials provided and subsequent staff analysis including land development, surrounding uses and zoning, transportation and circulation, utilities, Comprehensive Plan consistency, and considering public input, staff proposes approval of the change of zoning. Staff and Planning Recommendation (July 13, 2022): Approval of the change of zoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. Zoning Report Page 4 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA r5 16 RS- 6 17 6 18 5 7 19 4 R.S- 68 SUBJECT 3 9 22 PROPERTY o to 21 / 14. RS - 6 11 13 20 12 1 CN- 1 2 CG- 2 RS- TF I L. 177 Zoning and notice Area pus RM-1 Mullifarnily 1 lL Lig hl Industrial hristf RM-2 Mullilam ily2 IH Heavy Industrial slcwn RM-3 Multifami ly3 PUD Planned Unil D—Overlay - --` - ON Pr oles3ional oll" R3 10 S[ngle-Fam fly 10 ' RMATMulnfamlly AT RS-6 Sin 91e-Fa ably 6 CN-1 Neighhnrhnnd Commercial R54.5 Singlo-Fam lly 4..5 CNm2 kei9htrnrhond Commercial RS-TF Two-Family CR-1 Resort Commercial RS-15 Slagle-Famlly 15 CR 2 Resort.Cnm.merrlal RE Re.sirl-trial Estate CG-1 General Commercial qg TH Tuwnh— CG-2 General aIIT111 10 SP sl Perron SUBJECT\ cl Imenai��[ommrrrial Ry Recreational Vehicle Park PROPERTY CBO �owntowrz Cnmmerclal RMH M—J—t—d Home CR3 Resa"C.'--6.1 C.'--6.1FR Farm Rn rai HHistoric D-.,Isy E1P Business P..1, s„a,:err aroPem �owners r",+'�! ?oae�ne. .n rem, Ci1v of, 4Ovinerswrlhin200'Irsledart 6wne Coll?LIS a¢arnea awnesmP fame Xino„�:eron CFil Pvn HERE LOCATION MAP Zoning Case 0622-01 Palomino Realty & Management Corp DISTRICT 2 R5-6,�. � Rezoning for a property at 4958 Weber " " From RS-6 to "RS-TF.... RS 6 .. "SUBJECT 111JJJ PROPERTY . C hw 15ld "Eawn N-1 ,,. PROPERTY IF T- � t City Council �` August 30, 2022 Zoning and Land Use Proposed Use: Two-Family Residential use R$-6 Area Development Plan: Southeast Area Development Plan [T RS-6 0 o a o Future Land Use Map: 10/30/2006 Medium-Density Residential S- Existing Zoning: "RS-6" Single-Family 6 District 05/23/1988 CN-1 Adjacent Land Uses: • North: Low-Density Residential • South: Commercial cc-z 11/16/1954 .S.TF N • East: Low-Density Residential 1 11/16/1954 • West: Low-Density Residential and Commercial rc c- Public Notification 22 Notices mailed inside 200' buffer 6 Notice(s) mailed outside 200' buffer 16 Notification Area RS-6 17 6 18 �JIJL_JNl lJ 11 PL30O 7 Opposed: 0 (0.00%) 9 4 R.S-8b Separate Opposed Owners: 0 SUBJECT 4 22 PROPERTY 0 l0 21 L RS- 13 In Favor: 0 (0.00%) 12 CN-1 "Notified property owner's land in SQF/Total square footage of all property in the notification area = N CG-2 Percentage of public opposition. 1L Analysis And Recommendation • The applicant purchased the property in 2021. • Per the Nueces County Appraisal District, it consists of two main areas with four bedrooms. • The property is currently being used as a duplex, and the applicant would like to bring the property into conformity. • The rezoning will prompt a conversion permit, and a new Certificate of Occupancy • The proposed rezoning is: • consistent with the Future Land Use Map • Consistent with many broader elements of the Comprehensive plan. • Two-Family and Single-Family uses are both Medium-Density land uses. • A two-family property can coexist with a neighborhood Single-Family homes. • The two-family uses will provide a buffer between commercial uses to the south and the Single- Family neighborhood. STAFF & PLANNING RECOMMENDATION: Approval of the rezoning from the "RS-6" Single-Family 6 District to the "RS-TF" Two-Family District. CASE:22NZ1019 -. l v..., 4�w. W 0'� H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 30, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2604 Amending Chapter 57 of the Code of Ordinances to modify auto wrecker ordinance CAPTION: Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date of October 1, 2022. SUMMARY: The changes are primarily administrative in nature along with an increase in fee structure. The new language added to this section rovides a process for the City to enter into a contract with a third-party vendor (using a competitive process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. BACKGROUND AND FINDINGS: Entering into a contract with a third-party vendor provides increased oversight for wrecker companies to assure that they are operating as efficiently as possible. Currently, a Corpus Christi Police Department(CCPD) officer is tasked with overseeing the operations of the wrecker companies. A third- party vender will allow this officer to return to the streets and will reduce the overall time that CCPD officers have to wait for a wrecker on the roadway. It also will provide a platform to extract meta data on wrecker operations. Currently, Dallas, Ft. Worth, San Antonio, Austin, Harris County, and Round Rock utilize a tow management company. If the proposed amendment is approved, CCPD will work with the City's Procurement team to create a Request for Proposals. This process is estimated to take between four to six months CCPD and the Legal Department met with the wrecker companies two times in person. In addition, there were numerous emails and communication with the wrecker companies and their attorneys. The Ordinance was last modified in 2017. The proposed changes to the ordinance are listed below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal - This amendment gives greater discretion to the Police Chief regarding the use of wrecker companies who have demonstrated conduct or a pattern of conduct which calls into question their ability to perform rotation list tows with honesty and integrity. This section also further clarifies the process for the denial and appeal of a permit revocation or denial. Sec. 57-233. – Promulgation of regulations - This section is renamed "Administration" for a more apt caption. The new language added to this section allows the City to enter into a contract with a third-party vendor (using the contracts & procurement process) to manage any functions under the wrecker ordinance outside of law enforcement responsibilities and the ability of the City to decide what towing companies to utilize for police-initiated tows. Sec. 57-243 – Responding to calls - This section is modified to allow up to 60 minutes for Category B wreckers as they require additional preparation and staging time. Sec. 57-249–Maximum auto wrecker service and storage fees -This section increases the fees allowed to be charged by wrecker companies: • Cat. A Tows: +$30 for Rotation List Tow and +$10 for Private Property Impounds • Increases unusual distance fees +$25 • Increases the fee for tows requiring a wrecker to leave City limits by $25 • Creates separate categories and prices for Medium Duty and Heavy-Duty Category B tows • Modifies the current specialized equipment charge to be allowed only at industry standard rates for equipment that is owned and with a 25% upcharge in cases where the equipment is leased or rented by a third-party company wholly separate from responding wrecker company • Adds an additional rate for"Rotators" and sets limitations for its use and application • Storage fees are modified to refer to state law which are adjusted every two years in relation to the Consumer Price Index (CPI) • Adds an additional rate for the pass-through cost of utilizing a Third-Party Tow Management Company PROCUREMENT DETAIL: Not applicable. ALTERNATIVES: The alternative is not to change the Ordinance which will result in the City's inability to update the fees based off the CPI and proper categorization of wreckers which will cause a loss in additional fee revenue. This will prevent the FY 2023 Policy Budget from having an additional $200,000.00 from revenues derived from the increase in fees. FISCAL IMPACT: The increase in fees is estimated to be $200,000.00 which will be recouped from the owner of the vehicle upon pick up at the impound lot or from the sale of the vehicle if unclaimed. Additionally, there is a$200,000 increase in expenditures to pay the wrecker companies upon invoice. The FY 2023 Police Budget has been modified to reflect an increase in revenue of $200,000.00 and an increase in expenditures of$200,000.00. FUNDING DETAIL: Fund: 1020 Organization/Activity: 11770 Mission Element: 151 Project # (CIP Only): N/A Account: 530000 Amount: $200,000.00 RECOMMENDATION: Staff recommends approval of this amendment to the ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Wrecker Ordinance Ordinance amending sections 57-231, "Denial, suspension and revocation of permit—procedure, appeal"; 57-233, "Promulgation of wrecker regulations"; 57-243, "Responding to calls"; and 57-249, "Maximum auto wrecker service and storage fees" of the City Code and providing for severance, publication, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Section 57-231 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-231. Denial, suspension and revocation of permit—Procedure, appeal. (a) The chief of police may deny an application, suspend, or revoke a permit if the applicant, owner or wrecker company has: (1) A criminal conviction, or has pleaded guilty or nolo contendere to an offense, before the date of the application, for a felony or a misdemeanor punishable by confinement in jail or by a fine in an amount that exceeds five h„n,1ro,1 ,hr.iiAPg {$500.00}; (2) Violated any provisions of V.T��Texas Occupations Code G4-.Chapter 2308, rules or regulations promulgated by the Texas Department of Licensing and Regulation, any provisions of the city ordinance, or rules or regulations promulgated by the chief of police including an order for sanctions or administrative penalties; (3) Knowingly submitted false or incomplete information on the application, or the applicant failed in any material way to comply with this article; (4) The annrran+ nr GWRAr hAS hadHad a permit revoked under this chapter; or (5) The appliGaRt GF GWReF 06 deliR9 ion+A delinquency on outstanding fines or fees due to the Texas Department of Licensing and Regulation or the city. (6) Demonstrated a pattern of violations of this article or regulations promulgated by the Texas Department of Licensing and Regulation within the last 2 years. (7) Demonstrated conduct which would violate the trust of the citizens at large of the City within the last year. (b) Notwithstanding any penal provisions contained in this Code, the chief of police shall be authorized to deny, revoke or suspend any auto wrecker or rotation list permit for a violation of the state law, county regulation, city ordinance or any other rules or regulations governing the operation of an auto wrecker, if committed by an auto wrecker owner, his agents or employees. Such denial, suspension or revocation shall be made in accordance with the following procedures: (1) Upon complaint by any person or the chief of police or motion against any owner, agent or employee of a wrecker company for violating any provision of the city ordinance, the chief of police and Texas Department of Licensing and Regulation rules or regulations governing auto wrecker, or state law, the chief of police er hic+ G196irrr,^^, after giving te-R-{104 days' notice of the grounds of such complaint to the wrecker company shall hold a hearing. The notice shall contain the specific ordinance or state law violations alleged. After proper notice is given and the owner fails to appear for the hearing, the chief of police or his designee may proceed with the hearing by taking testimony or evidence from any person or witnesses who are present. For good cause and at the chief of police's Ar his designee'G sole discretion, a hearing may be rescheduled one {� time at the owner's request provided that the chief of police ^r hic de.si^r,00 receive the written reschedule request at least two QL}working days before said hearing. At the conclusion of said hearing, the chief of police nr hic GIGSi^r,00 may issue: a. A warning to the owner; b. Deny the permit; or c. Permanently revoke or suspend the permit. Previous warnings or suspensions within the preceding two years may be considered by the chief of police ^r hic deGi^r,^r in making the decision. (2) If the chief of police ^r his desi^r,00 suspends the permit, the suspension shall not be more than sixty 601 days. The r.hi^f'c ^^+ir,n Sh.;n he (3) All suspensions and revocations shall apply to the wrecker company and its permitted affiliates. (4) If the chief of police ^r his desi^r,oo revokes a permit permanently, suspends, or m ie dedens a permit, he shall notify the owner in writing. The notice shall be deemed sufficient if deposited in the United States mail addressed to the owner's business address as contained in the original or renewal application for a permit, and by electronic mail or facsimile. The owner shall have the right to appeal the chief of police's decision to revoke a permit, suspend a permit, or deny a permit application, within 10 days from the date of the notice of revocation, suspension or denial, by sending a letter addressed to the city manager stating that an appeal from the chief of police's decision is desired. If an appeal is perfected, the chief of police's decision shall be suspended pending a hearing by the city manager or his designee. If no valid permit exists at the time of the hearing, the owner's business shall remain unpermitted. The city manager or his designee shall promptly, within +homy (304 days, hear such appeal and shall either sustain, modify, or revoke the chief of police's decision. If Re appeal is taken er if i+ is iintim^hi filed GF if the ^ity iigaRag^r r)r hic rdeSirvn^^ rdr4^c; Ae:A hear the inn^�I 0 vVithinrthirby (39) days frt9mTTt_QGi ling the n^fiGe ef�peal, the Grhi ff ^cam-vf PviTGE?'S rd^^icssi ir9n Ssha.11 h^ final anrJ the P^rmit icy rd^ni^rJo �ir^ ^L^rd, GF 6616peR d^rJ When a permit revocation is upheld, the owner shall remove, within five{5-)working days, the city permit number from the sides of all wreckers previously permitted and the annual permit decal from the windshields. SECTION 2. Section 57-233 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-233. — PFemulgati9R ref Fegul. 4a4sAdministration. The police chief shall administer and enforce this article. The city may enter into a contract to delegate authority to administer all or part of this article to a third-party vendor, other than: 1) any law enforcement authority related to Sec. 57-221 ; or 2)the right to choose which towing companies will perform towing services for police- initiated tows. Selection of a vendor shall be done in accordance with the laws of the State of Texas. If the city enters into such a contract, the contract shall specify the authority and responsibilities of the third-party vendor or towing companies. Any responsibilities outlined in this article that are not delegated to the third-party vendor or the towing companies through the contract are retained by the police chief The chief of police is authorized to issue rules and regulations relating to the operation of auto wreckers consistent with the provisions of this article and designed to effectuate the general purpose of this article. Violation of any provisions of the chief of police rules and regulations may result in denial, suspension, or revocation of the auto wrecker permit and/or denial or removal from rotation list. The appeal process described in section 57- 231 will apply to alleged violations of any such provisions. SECTION 3. Section 57-243 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-243. - Responding to calls. (a) Each owner or wrecker company on the rotation list shall have sufficient personnel, equipment, and auto wreckers to respond to all tow assignments given by the police dispatcher. Response time shall not exceed th�304 minutes for Category A Wreckers and 60 minutes for Category B wreckers after the police dispatcher's notification of the assignment. (b) The owner, his agent or employee shall not refuse an assignment except for safety reasons or if all owner's auto wreckers are already performing other police tow work. If the owner, his agent or employee refuses an assignment, he must notify the police dispatcher of the reason. Documentation may be required if the reason is auto wrecker equipment failure or prior tow work. (c) If an owner or wrecker company fails to respond or refuses an assignment, the police chief may revoke or suspend the wrecker company or owner's auto wrecker rotation list permit. (d) A revocation or suspension may be appealed in the manner set out in section 57- 231 . SECTION 4. Section 57-247 of the Corpus Christi City Code is hereby amended by adding language that is underlined ( ) and deleting the language that is stricken (deleted) to the existing text as set forth below: No owner shall store any disabled vehicle on the public streets or rights-of-way. SECTION 5. Section 57-249 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-249. Maximum auto wrecker service and storage fees. The following towing fees shall be paid by the person reclaiming the towed vehicle: (1) Fees associated with police-initiated nonconsent rotation list or incident management tows will be paid to the city at the city vehicle impound lot. (2) All other fees will be paid to the auto wrecker company according to that company's policy. (3) If a vehicle owner or operator pays a drop fee and the police officer at the scene authorizes the release of a vehicle after an auto wrecker has arrived at the scene and started physically attaching the vehicle to the auto wrecker but before the vehicle has been towed from the location, then the auto wrecker owner or driver shall release the vehicle. (4) Maximum towing, storage and administrative fees. a. Category auto wrecker ✓ehicle Weight of 10,000lbs or less)- 1 . ess):1 . Normal rotation list nonconsent tow of fri ink aAnrd froilor aS nno (I) i inif... 9$180.00 2. Private property impound...$145.99$155.00 3. Drop fee...$50.00 4. Four wheel drive tow truck utility fee...$75.00 (remote beach/off-road tows only) 5. Additional allowable labor :harge for unusual circumstances such as viinnhi.Ag fnr removal from a ditch or water, or righting an overturned vehicle er fnr cimnirni 1rmcfannoc /-II innli iciVe 49$50.00 6. Total maximum towing fee including the use of dollies and additional labor, but excluding additional time at the scene and unusual distance: (i) Rotation list tow...$255.00$305.00 (ii) Private property impound tow...$44� )9$155.00 7. Additional fee for each half-hour or portion thereof at the scene in excess of one-half hour not caused by delay on the part of the permit holder, per thi�30) minutes...$25.99$50.00 8. Unusual distance charge: (i) Additional fee for a tow originating from US 77/IH 37 and from the area within city limits west of US 77/IH 37...$25-99$50.00 (ii) Additional fee for a tow originating from the area within city limits east of the JFK Causeway Bridge to Port Aransas city limits...$25.00$50.00 (iii) Additional fee for a tow originating from the area within the city limits north of Burleson St. to Portland city limits...$50.00 (iv) Additional fee for a tow originating from outside city limits...$50.00 9. Cleanup only, no tow required...$60.00 (debris only, not including hazardous material clean ups) b. Category 8 auto wreckers.- 1 . reckers:1 . Normal rotation list nonconsent tow (includes double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and/or caging brakes, to prepare for tow)......Qom. dium Duty Tow - Vehicles weighing from 10,001 lbs. to 24,999 lbs...$475.00 (ii) Heavy Duty Tow - Vehicles weighing 25,000 lbs, or more...$400 per hour with a two-hour minimum. After the first two hours, an additional hourly charge will be applied every 1/4 hr. ata rate of $100 per '/4 hr. 2. Additional fee allowed in subsection (4)b.1. above, for unusual circumstances not utilizing a rotator such as inn'i deS rigg,_Og 61p, WinnhiRO fewremoval from ditch or water, or righting an overturned vehicle., 61 G fnr IS In11.l7Y i ini ici 1al nirni MStaRroc nor hni r $359.99$450.00 3. Private property impound (include double hookup and towing of tractor and trailer as one (1) unit, removal of shaft or axle, application of air to brake system, and additional labor such as cleanup, winching for removal from ditch or water, righting an overturned vehicle, pulling an axle or for similar unusual circumstances) ...$520.00 4. Additional costs for specialized equipment owned by the towing company or one of its other entities, such as: a crane, backhoe, forklift, or air bag recovery system, may charge actual cost (within industry standard); if the towing company is leasing or renting equipment, a maximum of twenty- five (25) per cent up charge may be added. 5. Rotators will be set at a rate of 850.00 per hour, with a two-hour minimum charge. Once the third hour begins, an additional hourly charge will be applied every 1/4 hr. at a rate of $212.50 per 1/4 hr. Should the rotator be utilized as a conventional Category B Heavy wrecker, the tow will be charged within the guidelines of section 57-249(4)(b)(1) & (2). c. Daily storage fees. The maximum amount authorized pursuant to Texas Administrative Code Sec. 85.722, with the exception of recovered stolen vehicles, which shall accrue at a rate of $5.00 SteFage for all or part of the first tWenf„ feuF4244/244 hours, and for each subsequent twenty-four-hour period or part thereof: /ehieles ne ent y five Mfeet...$29 nn r��t�o+��e�t#��t��-„�-��} 4 . IeRgerta tWeRt i fiVe 25) fe d. Impoundment fee. Impoundment fee for any action that is taken by or at the direction of the owner or operator of the facility and is necessary to preserve, protect, or service a vehicle stored or parked at the facility be assessed in accordance with Texas Administrative Code Sec. 85.722. ..�Q e. Notification fees for: Vehicle registration research, certified letters, newspaper advertisements and preparation necessary to inform the last registered owner and lien holder(s). Can be charged only if actually performed...$50.00 f. Administrative fee: per vehicle recovered by owner from city vehicle impound lot (only payable to city)...$20.00 g. Third Party row Management Fee: Administrative cost per vehicle recovered by owner at vehicle storage facility...contract price per agreement approved by City Council. PA. \A/hen a vehicle and frailer are heth te44.49d by ene (I) ai ite wFeGker enhi , GRe (I) mine fee shall he paid eiyper If heyehinle and frailer are + �� heavy� cr.-rr ��c�crarrcpr--arc t Ia lrt7A_ heavy t safely "wed by at+��ree Gk F,a.-tl--- yVrerker may he i icer) and an arlrlitienal fee nhareed h \A/hen mere than nne ( I) vehicle is t� n�rFed hyene /�u e WFeGker �crrrcri-rrrvr� c�-raTc-rr �`^��"h'"�cccr-F� v cv�vrccrccr e rre�GtGFGYGIE? r PaFtS ofyeh� enlY enc ( I) niiRg fee shall he pair) to etivvw” R e-. L51{6} Invoices. a. Each customer invoice shall include the owner's company name, business address and phone number, permit number, name of the auto wrecker who performed the specific assignment being invoiced, date and time of assignment, date and time assignment completed (i.e., delivery of the vehicle), hours when vehicles can be reclaimed, and an itemized statement of charges. A fee schedule listing the maximum towing, storage, etc., fees shall be attached to each tow invoice. b. The city shall provide each owner with the basic fee schedule copies to attach to the consent tow customer invoices. Failure to attach the fee schedule shall be grounds for revocation or suspension of owner's permit, unless the vehicle owner or agent consents to the omission. c. Only service provided by an auto wrecker permitted under an auto wrecker or rotation list permit number shall be invoiced to that permit; service provided under any other permit number other than the permit number under which it is billed is in violation of this article and shall be grounds for revocation of the permit. d. Owner shall invoice the police department for nonconsent (impound) or incident management tows, which shall include an itemized statement of charges and an explanation of all charges above the normal towing only fee. e. The chief of police will review each invoice and either approve, reject or modify charges for services rendered. LQq-� An auto wrecker company and owner shall charge no fees for servicing a police initiated nonconsent or incident management tow in excess of the fees authorized under city ordinance for vehicles towed. Further, the auto wrecker owner shall not obligate the vehicle owner in a nonconsent or incident management tow to pay any fees in excess of those authorized for a vehicle delivered to a state licensed vehicle storage facility without the consent of the vehicle owner. The chief of police may require the auto wrecker owner or wrecker company to reimburse the vehicle owner or operator for any overcharges or unauthorized charges. Any overcharges or unauthorized charges shall be reimbursed to vehicle owner within five {5}business days, and the chief of police may suspend the auto wrecker company permit if it fails to comply. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 7. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. This ordinance shall go into effect immediately upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor ,SUS G� 011 h V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting August 30, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a-)-cctexas.com (361) 886-2604 Ordinance amending Section 57 of the Code of Ordinances regarding taxicabs CAPTION: Ordinance amending sections 57-85, "Age of vehicle"; 57-131, "Fares-Amounts"; and deleting Chapter 57, Article VI Transportation Network Companies in its entirety of the City Code and providing for severance, publication, and an effective date. SUMMARY: The Corpus Christi Police Department (CCPD) researched 15 Texas cities' current taxi ordinances for best practices after meeting with local taxicab owners to discuss their concerns over fuel increases, vehicle availability, and inflation. Taxicab owners expressed the desire to raise rate fees and decrease regulations. BACKGROUND AND FINDINGS: Taxicabs are regulated by Chapter 57 Article II of the City Code of Ordinances. The last drop fee increase and gas price adjustment was in 2008. Per the inflation calculator, $2.50 in 2008 is the equivalent to $3.29 in 2022, which is an inflation rate of 31.8%. This is a flat fee. The last update to the Ordinance was in 2016 and focused on allowing taxi cabs to charge flat rates and the regulation of transportation network companies. In 2017, the Texas Legislature pre-empted all local governments from regulating transportation ride share companies but not taxicabs. On March 17, 2022, members of both the Police Department and City Legal met with taxicab owners to discuss their concerns over fuel increases, vehicle availability, and inflation. Taxicab owners expressed the desire to raise rate fees, decrease regulations, and reduce fees paid to the City. CCPD researched 15 Texas cities' current taxi ordinances for best practices. The results showed: • Four cities regulate the maximum age of the vehicle that is being used as a taxi, with the maximum allowable age of the vehicle ranging from seven years to 15 years • All 15 cities surveyed had regulated drop fees and fare amounts • Four cities, including the City of Corpus Christi, allow flat rate pricing o Six cities have higher meter drop rates. The recommended changes to Section 57 of the Code of Ordinances regarding taxicabs are as follows: Sec. 57-85 Age of Vehicle • This section increases the allowable vehicle age of Taxicabs from 10 years to 15 years Sec. 57-131 Fares—Amounts • The base fare is increased from $2.50 to $3.50 • The price per 1/5 mile is increased to account for higher gas prices and inflation • The wait time maximum charge is increased from $24.00 to $30.00 • Airport pickup surcharges are increased from $1.00 to $1.50 • For fares originating from 1-37 Annaville Area and/or Padre Island, the base fare is increased from $10.00 to $13.00 • Flat rate fares are increased from $12.50 to $16.25 and additional stops from $5.00 to $6.50 Secs. 57-281 through 57-296–Transportation Network Companies • The provisions of this chapter apply to ride-sharing companies.These sections are deleted in its entirety as it is preempted by Texas Occupations Code Chapter 2402 If approved, these changes will go into effect on October 1, 2022, and CCPD will utilize social media to notify the public of these changes. PROCUREMENT DETAIL: Not applicable. ALTERNATIVES: The alternative is not to change the ordinance; however, that will result in fees and gas prices remaining what they were in 2008 and it will not align the City of Corpus Christi with other leading Texas cities when it comes to a modern taxicab ordinance. FISCAL IMPACT: There is no fiscal impact. FUNDING DETAIL: Not applicable. RECOMMENDATION: Staff recommends approval of this ordinance, as presented. LIST OF SUPPORTING DOCUMENTS: Research summary document Ordinance Ordinance amending sections 57-85, "Age of vehicle"; 57-131, "Fares- Amounts"; and deleting Chapter 57, Article VI Transportation Network Companies in its entirety of the City Code and providing for severance, publication, and an effective date. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. Section 57-85 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-85. Age of vehicle. The certificate holder shall not allow a vehicle in his or her taxicab service to be more than SGVGR (7) years old at the time it is placed into service, nor more than te4 49-�15 years old while it is maintained for service. The age of the vehicle shall be calculated from January 1 of the model year of the vehicle. No vehicles which are more than tGR (19) 1; years old, as calculated above, may be used as taxicab vehicle. Exceptions.- (1) xceptions:(1) No vehicles modified with specialized access equipment to service persons with disabilities which are more than #+fteeR (15) years old, as calculated above, may be used as taxicab vehicle. Vehicles modified with specialized access equipment to service persons with disabilities which are more than tern {10) years old must pass an annual physical and mechanical inspection at a location to be designated by the taxi inspector. Vehicles modified with specialized access equipment to service persons with disabilities which are more than t&R410) years old must be approved by the taxi inspector. (2) Vehicles registered as "Classic" which have valid State of Texas registration sticker may be used as taxicab vehicle. Classic vehicles must be approved by the taxi inspector. SECTION 2. Section 57-131 of the Corpus Christi City Code is hereby amended by adding language that is underlined (added) and deleting the language that is stricken (deleted) to the existing text as set forth below: Sec. 57-131. Fares—Amounts. (a) There is hereby established as the maximum rates of fare for taxicabs within the city limits of the City of Corpus Christi for G e41) or more persons, not exceeding SGVGR (7) persons, of tVVG_ d_G_11aT Rte' fi#y ceets-($2.59 $3.50 for the first one-fifth mile or less, and an additional charge for each succeeding one-fifth mile or fraction thereof, based upon the average retail price of e-Re4l1 gallon of regular gasoline sold within the City of Corpus Christi and in accordance with the following chart: Per gallon Charge per succeeding 1/5 mile or a gasoline price fraction thereof Under 3.50 $9-50-$0.65 3.50-3.75 x$0.70 3.76-4.00 X9-$0.75 4.01-4.25 x$0.80 4.26-4.50 X940.85 ;sz=9;Note: Sliding scale formula shall be applied, ad infinitum. The price of e44eE1} gallon of regular gasoline sold within the City of Corpus Christi shall be determined by the Oil Price Information Service, as reported by AAA at www.fuelgaugereport.com. Such price will be determined by the current Corpus Christi price given by AAA at 9:00 a.m. Central Standard Time (CST) on the tenth day of each month and will go into effect at 12:01 a.m. CST on the eleventh day of the current month. The taxicab inspector shall disseminate the gasoline price. For each e-Re414 hour of waiting time or traffic delay time, the maximum charge shall be tWeR+„ f^i r GIGIIaFG ($24-994L30.0( . The above established rates of fare are the maximum that may be charged, provided however, for fares collected from passengers picked up at the airport, such airport passenger fares may include a $1.50 surcharge per fare collected from e-Re414 or more persons not to exceed GeVeR{74 persons. For customers wishing to use a credit card a GRe dGIlaF convenience fee may be added to the fare. Lower rates may be charged at the option of the taxicab certificate holder. While in the city limits a driver shall keep the taximeter in operation while the taxicab is employed regardless of whether a metered rate, a discounted rate or a out-of-town flat rate is charged. For taxi fares originating in the area east of the John F. Kennedy Memorial Causeway on State Highway 358 or west of the Clarkwood Road and Interstate 37 intersection, there will be a $13. minimum fare allowed. (b) Flat rate. Where a metered rate is not charged, an alternative flat rate for taxicab fares may be imposed for trips originating and ending within geographic zones I through VII of the Corpus Christi Flat Rate Zone Map. The maximum rate per zone is t '491VA dAllaPS and fi#YceRts-($1?594 $16.25. An additional stop fee in an amount not to exceed five $6.50 will be allowed for stops within a zone. The alterative flat rate can be increased per zone crossed for trips originating and ending in a different zone. A copy of the Corpus Christi Flat Rate Zone Map may be provided by the taxi inspector and shall remain on file for public inspection in the office of the city secretary. Zone Corpus Christi Flat Rate Zones I Island II Flour Bluff III Southside IV Central V Downtown VI Airport VII Calallen (c) A cancelation fee may be charged where a passenger cancels after booking, if such fee has been filed by the certificate holder with the taxi inspector and posted on the website used by the certificate holder and communicated to the passenger at booking. SECTION 3. Article VI of Chapter 57 encompassing Sections 57-281 through 57-296of the Corpus Christi City Code is hereby deleted in its entirety. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 5. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. This ordinance shall go into effect immediately upon publication. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette M. Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette M. Guajardo City Secretary Mayor ............ Z 7' so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of August 30, 2022 1852 Second Reading for the City Council Meeting of September 6, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Steve Viera, Interim Director of Public Health SteveV(o-)-cctexas.com 361-826-3445 Amendment of the City of Corpus Christi Public Health Workforce Grant from the amount of $1,550,000.00 to $2,103,560.00 and appropriation of the funds for the contract period September 1, 2022, through June 30, 2023 CAPTION: Ordinance appropriating $553,560 from an increase in the public health workforce grant from the Department of State Health Services (DSHS) for the period September 1 , 2022, through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19), providing indirect cost reimbursement for general government support and procuring office supplies; amending the operating budget; and authorizing 16 grant positions. SUMMARY: This amendment in the amount of $553,560.00 into the City of Corpus Christi Public Health Workforce Grant will be used to assist the public health workforce to support COVID-19 prevention. This amendment will increase the total value of the grant to $2,103,560.00 providing indirect cost reimbursement for general government support and procuring office supplies; and amending the operating budget; by authorizing 16 grant positions and reinforcing initiatives within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). BACKGROUND AND FINDINGS: The Texas Department of State Health Services ("DSHS") has transferred the County Public Health Workforce Grant from the County to the City as of September 1, 2022. To date 1,550,000.00 has been allocated in this grant. In efforts to continue the support of COVID-19 prevention the Texas Department of State Health Services ("DSHS") has increased funding of the County Public Health Workforce Grant in the amount of$553,560.00. The increased funding will be used to establish, expand, train, and sustain the public health workforce to support COVID-19 prevention, preparedness, response, and recovery initiatives. ALTERNATIVES: Refuse the amendment and lose additional funding to be utilized for offering services to assist communities disproportionately affected by COVID-19. FISCAL IMPACT: The grant amends the current City of Corpus Christi Public Health Workforce Grant from the Texas Department of State Health Services from the amount of$1,550,000.00 to $2,103,560.00 into the Health Grants Fund. The grant requires no match. All 16 positions are 100% grant funded. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 831571 F Mission Element: 103 COVID19 Response Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001076700001 Ordinance Ordinance appropriating $553,560 from an increase in the public health workforce grant from the Department of State Health Services (DSHS) for the period September 1, 2022, through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19), providing indirect cost reimbursement for general government support and procuring office supplies; amending the operating budget; and authorizing 16 grant positions. Whereas, DSHS has awarded an additional $553,560.00 for contract HHS 0001076700001 to establish, expand, train, and sustain the public health workforce to support COVID-19 prevention, preparedness, response, and recovery initiatives. Be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1: Public health workforce grant funds in the amount of$553,560 are appropriated in Health Grants Fund 1066 for activities to establish, expand, train, and sustain public health workforce in support of Coronavirus 2019 (COVID-19). Section 2. The FY2021-22 Operating Budget adopted by Ordinance No. 032539 is amended to increase revenues and expenditures by $553,560. Section 3. The City Manager or designee (Director of the CCNCPHD) is authorized to execute any future amendments to the grant contract that extend the contract period or increase or decrease the grant amount. Section 4. A copy of any executed grant amendment shall be filed in the office of the City Secretary. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma That the foregoing ordinance was read for the second time and passed finally on this the day of 2022, by the following vote: Paulette Guajardo John Martinez Roland Barrera Ben Molina Gil Hernandez Mike Pusley Michael Hunter Greg Smith Billy Lerma PASSED AND APPROVED on this the day of , 2022. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope 10:83C7ABED-7316-47A2-9A11-9B42DDAEC1 BB TEXAS Health andH�lmart Texas Department of State Health Services goW Services John Hellerstedt,M.D.. Commissioner Steven Vierra Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Subject: CPS/PH Workforce Contract Contract Number: HHS001076700001, Amendment No. 1 Contract Amount: $2,103,560.00 Contract Term: November 4, 2021 through June 30, 2023 Dear Mr. Vierra: Enclosed is the CDC Public Health Crisis Response (PHCR) Co-Ag: Public Health Workforce Amendment No. 1 between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to establish, expand, train, and sustain the state, tribal, local, and territorial (STLT) public health workforce to support jurisdictional COVID-19 prevention, preparedness, response, and recovery initiatives, including school-based health programs. Public health agencies are expected to use available funding to recruit, hire, and train personnel to address projected jurisdictional COVID-19 response needs to include hiring personnel to build capacity to address STLT public health priorities deriving from COVID-19. This Amendment No. 1: 1) Increases the total contract value by $553,560.00; and 2) Revises attachments to the contract. Please let me know if you have any questions or need additional information. Sincerely, Fred L. Waterman, CTCM Contract Manager 512-776-6585 Fred.Waterman(cbdshs.texas.gov P.Q. Box 149347 • Austin,Texas 78714-9347 • Phone:888 963-7111 • TTY;800-735-2889 • www.dshs.texas.gov DocuSign Envelope ID: 83C7ABED-731B-47A2-9A11-91342DDAECIBS INTERLOCAL COOPERATION CONTRACT THE DEPARTMENT OF STATE HEALTH SERVICES CONTRACT NO.HHS001076700001 AMENDMENT No. 1 THE DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS") and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("Local Government," "Grantee," "Performing Agency," or "Contractor"), each a "Party" and collectively the "Parties," to that certain CDC Public Health Crisis Response (PHCR) Co-Ag: Public Health Workforce contract effective November 4,2021 and denominated as System Agency Contract No.HHS001076700001 (the"Contract"), now want to amend the Contract. WHEREAS, the Parties desire to add an additional $553,560.00 to the Contract; WHEREAS, the Parties desire to amend System Agency information in ARTICLE VI, LEGAL NOTICES of the Contract; WHEREAS,the Parties desire to amend and replace in entirety ATTACHMENT D,HHS UNIFORM TERMS AND CONDITIONS,of the Contract; and WHEREAS, the Parties desire to amend and replace in entirety ATTACHMENT G, CONTRACT AFFIRMATIONS,of the Contract. Now,THEREFORE,the Parties amend and modify the Contract as follows: 1. ARTICLE V,CONTRACT AMOUNT AND PAYMENT FOR SERVICES, of the Contract is amended to add $553,560.00 in federal funds to support the Co-Ag: Public Health Workforce Contract activities. The revised total not-to-exceed Contract amount is $2,103,560.00, in federal funding. All expenditures under the Contract will be in accordance with the revised budget set forth herein. Funds provided in support of one Contract activity may only be used for that activity and may not be comingled with other funds provided under this Contract. 2. ATTACHMENT B,BUDGET,is amended by deleting the budget table in its entirety and replacing it with the following: Budget Categories DSHS Funding Personnel $876,112.00 Fringe Benefits $398,368.00 Travel $50,781.00 Equipment $0.00 Supplies $28,173.00 Contractual $553,985.00 Other $0.00 System Agency Contract No. HHS001076700001 Pagel of 3 Docu&gn Envelope ID: 83C7ABED-7318-47A2-9A11-9B42DDAECIBB Total Direct Costs $1,907,419.00 Indirect Cost Rate Amount $196,141.00 Contract Total $2,103,560.00 3. ARTICLE VI of the Contract, LEGAL NOTICES, is hereby amended to replace System Agency information with the following: System Mencv Health and Human Services Commission Attn: Office of Chief Counsel 4601 W. Guadalupe Street, Mail Code 1100 Austin, Texas 78751 with a copy to: Department of State Health Services Attn: General Counsel 1100 W. 49th Street, Mail Code 1919 Austin, Texas 78756 4. ATTACHMENT D, HHS UNIFORM TERMS AND CONDITIONS — GOVERNMENTAL ENTITY, VERSION 3.0, is hereby amended and replaced in its entirety with ATTACHMENT D, HHS UNIFORM TERMS AND CONDITIONS—GOVERNMENTAL ENTITY,VERSION 3.2. 5. ATTACHMENT G,CONTRACT AFFIRMATIONS,VERSION 1.8, is hereby amended and replaced in its entirety with ATTACHMENT G,CONTRACT AFFIRMATIONS,VERSION 2.2. 6. This Amendment shall be effective as of the date of last signature below. 7. Except as amended or modified by this Amendment No. 1, all terms and conditions of the Contract shall remain in full force and effect. 8. Any further revisions to the Contract shall be by written agreement of the Parties. System Agency Contract No.HHS001076700001 Page 2 of 3 DocuSign Envelope ID: 83C7ABED-731 B-47A2-9A11-9B42DDAEC188 SIGNATURE PAGE FOR AMENDMENT N0. 1 SYSTEM AGENCY CONTRACT NO.HHS001076700001 DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY) Ooauftned by: S wc' lura Signature Signature Steve Viera Printed Name Printed Name Interim Director of Health Tit1c Title August 17,2022 Date Date THE FOLLOWING ATTACHMENTS TO THIS CONTRACT ARE HEREBY INCORPORATED BY REFERENCE AND MADE PART OF THIS CONTRACT: ATTACHMENT D—HHS UNIFORM TERMS AND CONDITIONS—GOVERNMENTAL ENTITY,VERSION 3.2 ATTACHMENT G—CONTRACT AFFIRMATIONS,VERSION 2.2 System Agency Contract No,HHS00107670©001 Page 3 of 3 DocuSign Envelope ID:83C7ABED-7318-47A2-9A11-9B42DDAECIBB HEALTH AND HUMAN SERVICES Contract Number HHS001076700001 Attachment G CONTRACT AFFIRMATIONS For purposes of these Contract Affirmations, HHS includes both the Health and Human Services Commission (HHSC) and the Department of State Health Services (DSHS). System Agency refers to HHSC, DSHS, or both, that will be a party to this Contract. These Contract Affirmations apply to all Contractors and Grantees (referred to as "Contractor") regardless of their business form (e.g., individual, partnership, corporation). By entering into this Contract, Contractor affirms, without exception, understands, and agrees to comply with the following items through the life of the Contract: 1. Contractor represents and warrants that these Contract Affirmations apply to Contractor and all of Contractor's principals, officers, directors, shareholders, partners, owners, agents, employees, subcontractors, independent contractors,and any other representatives who may provide services under, who have a financial interest in, or otherwise are interested in this Contract and any related Solicitation. 2. Complete and Accurate Information Contractor represents and warrants that all statements and information provided to HHS are current, complete, and accurate. This includes all statements and information in this Contract and any related Solicitation Response. 3. Public Information Act Contractor understands that HHS will comply with the Texas Public Information Act (Chapter 552 of the Texas Government Code) as interpreted by judicial rulings and opinions of the Attorney General of the State of Texas. Information, documentation, and other material prepared and submitted in connection with this Contract or any related Solicitation may be subject to public disclosure pursuant to the Texas Public Information Act. In accordance with Section 2252.907 of the Texas Government Code, Contractor is required to make any information created or exchanged with the State pursuant to the Contract, and not otherwise excepted from disclosure under the Texas Public Information Act, available in a format that is accessible by the public at no additional charge to the State. 4. Contracting Information Requirements Contractor represents and warrants that it will comply with the requirements of Section 552.372(a) of the Texas Government Code. Except as provided by Section 552.374(c) of the Texas Government Code,the requirements of Subchapter J (Additional Provisions Related to Contracting Information), Chapter 552 of the Government Code, may apply to the Contract and the Contractor agrees that the Contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Health and Human Services Contract Affirmations v,2.2 Effective May 2022 Page I of 13 DocuSign Envelope ID: 83C7ABED-731 B-47A2-9A1 1-9B42DDAECI BB 5. Assignment A. Contractor shall not assign its rights under the Contract or delegate the performance of its duties under the Contract without prior written approval from System Agency. Any attempted assignment in violation of this provision is void and without effect. B. Contractor understands and agrees the System Agency may in one or more transactions assign, pledge, or transfer the Contract. Upon receipt of System Agency's notice of assignment, pledge, or transfer, Contractor shall cooperate with System Agency in giving effect to such assignment,pledge, or transfer, at no cost to System Agency or to the recipient entity. 6. Terms and Conditions Contractor accepts the Solicitation terms and conditions unless specifically noted by exceptions advanced in the form and manner directed in the Solicitation, if any, under which this Contract was awarded. Contractor agrees that all exceptions to the Solicitation, as well as terms and conditions advanced by Contractor that differ in any manner from HHS' terms and conditions, if any, are rejected unless expressly accepted by System Agency in writing. 7. HHS Right to Use Contractor agrees that HHS has the right to use, produce,and distribute copies of and to disclose to HHS employees, agents, and contractors and other governmental entities all or part of this Contract or any related Solicitation Response as HHS deems necessary to complete the procurement process or comply with state or federal laws. 8. Release from Liability Contractor generally releases from liability and waives all claims against any party providing information about the Contractor at the request of System Agency. 9. Dealings with Public Servants Contractor has not given, has not offered to give, and does not intend to give at any time hereafter any economic opportunity, future employment,gift, loan, gratuity, special discount,trip, favor, or service to a public servant in connection with this Contract or any related Solicitation, or related Solicitation Response. 10. Financial Participation Prohibited Under Section 2155.004, Texas Government Code(relating to financial participation in preparing solicitations), Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. It. Prior Disaster Relief Contract Violation Under Sections 2155.006 and 2261.053 of the Texas Government Code (relating to convictions and penalties regarding Hurricane Rita, Hurricane Katrina, and other disasters),the Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive this Contract Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID: 83C7ABED-731B-47A2-9A11-9B42DDAEC1BB and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. 12. Child Support Obligation Under Section 231.006(d)of the Texas Family Code regarding child support, Contractor certifies that the individual or business entity named in this Contract and any related Solicitation Response is not ineligible to receive the specified payment and acknowledges that the Contract may be terminated and payment may be withheld if this certification is inaccurate. If the certification is shown to be false, Contractor may be liable for additional costs and damages set out in 231.006(f). 13. Suspension and Debarment Contractor certifies that it and its principals are not suspended or debarred from doing business with the state or federal government as listed on the State of Texas Debarred Vendor List maintained by the Texas Comptroller of Public Accounts and the System for Award Management(SAM) maintained by the General Services Administration. This certification is made pursuant to the regulations implementing Executive Order 12549 and Executive Order 12689, Debarment and Suspension, 2 C.F.R. Part 376, and any relevant regulations promulgated by the Department or Agency funding this project. This provision shall be included in its entirety in Contractor's subcontracts, if any, if payment in whole or in part is from federal funds. 14. Excluded Parties Contractor certifies that it is not listed in the prohibited vendors list authorized by Executive Order 13224, "Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism, "published by the United States Department of the Treasury, Office of Foreign Assets Control.' 15. Foreign Terrorist Organizations Contractor represents and warrants that it is not engaged in business with Iran, Sudan, or a foreign terrorist organization, as prohibited by Section 2252.152 of the Texas Government Code. 16. Executive Head of a State Agency In accordance with Section 669.003 of the Texas Government Code, relating to contracting with the executive head of a state agency, Contractor certifies that it is not (1) the executive head of an HHS agency, (2)a person who at any time during the four years before the date of this Contract was the executive head of an HHS agency, or(3)a person who employs a current or former executive head of an HHS agency. 17. Human Trafficking Prohibition Under Section 2155.0061 of the Texas Government Code, Contractor certifies that the individual or business entity named in this Contract is not ineligible to receive this Contract and acknowledges that this Contract may be terminated and payment withheld if this certification is inaccurate. Health and Human Services Contract Affirmations v.2,2 Effective May 2022 Page 3 of 13 DocuSign Envelope ID:83C7ABED-7318-47A2-9A11-9B42DDAECI1313 18. Franchise Tax Status Contractor represents and warrants that it is not currently delinquent in the payment of any franchise taxes owed the State of Texas under Chapter 171 of the Texas Tax Code. 19. Debts and Delinquencies Contractor agrees that any payments due under this Contract shall be applied towards any debt or delinquency that is owed to the State of Texas. 20. Lobbying Prohibition Contractor represents and warrants that payments to Contractor and Contractor's receipt of appropriated or other funds under this Contract or any related Solicitation are not prohibited by Sections 556.005, 556.0055, or 556.008 of the Texas Government Code (relating to use of appropriated money or state funds to employ or pay lobbyists, lobbying expenses, or influence legislation). 21. Buy Texas Contractor agrees to comply with Section 2155.4441 of the Texas Government Code, requiring the purchase of products and materials produced in the State of Texas in performing service contracts. 22. Disaster Recovery Plan Contractor agrees that upon request of System Agency, Contractor shall provide copies of its most recent business continuity and disaster recovery plans. 23. Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment,then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328. 24. Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program. 25. Cybersecurity Training A. Contractor represents and warrants that it will comply with the requirements of Section 2054.5192 of the Texas Government Code relating to cybersecurity training and required verification of completion of the training program. B. Contractor represents and warrants that if Contractor or Subcontractors, officers, or employees of Contractor have access to any state computer system or database, the Contractor, Subcontractors, officers, and employees of Contractor shall complete cybersecurity training pursuant to and in accordance with Government Code, Section 2054.5192. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 4 of 13 DocuSign Envelope ID: 83C7ABED-7316-47A2-9A11-91342DDAECIBB 26. Restricted Employment for Certain State Personnel Contractor acknowledges that, pursuant to Section 572.069 of the Texas Government Code, a former state officer or employee of a state agency who during the period of state service or employment participated on behalf of a state agency in a procurement or contract negotiation involving Contractor may not accept employment from Contractor before the second anniversary of the date the Contract is signed or the procurement is terminated or withdrawn. 27. No Conflicts of Interest A. Contractor represents and warrants that it has no actual or potential conflicts of interest in providing the requested goods or services to System Agency under this Contract or any related Solicitation and that Contractor's provision of the requested goods and/or services under this Contract and any related Solicitation will not constitute an actual or potential conflict of interest or reasonably create an appearance of impropriety. B. Contractor agrees that, if after execution of the Contract,Contractor discovers or is made aware of a Conflict of Interest, Contractor will immediately and fully disclose such interest in writing to System Agency. In addition, Contractor will promptly and fully disclose any relationship that might be perceived or represented as a conflict after its discovery by Contractor or by System Agency as a potential conflict. System Agency reserves the right to make a final determination regarding the existence of Conflicts of Interest, and Contractor agrees to abide by System Agency's decision. 28. Fraud, Waste,and Abuse Contractor understands that HHS does not tolerate any type of fraud, waste, or abuse. Violations of law, agency policies, or standards of ethical conduct will be investigated, and appropriate actions will be taken. Pursuant to Texas Government Code, Section 321.022, if the administrative head of a department or entity that is subject to audit by the state auditor has reasonable cause to believe that money received from the state by the department or entity or by a client or contractor of the department or entity may have been lost,misappropriated, or misused, or that other fraudulent or unlawful conduct has occurred in relation to the operation of the department or entity,the administrative head shall report the reason and basis for the belief to the Texas State Auditor's Office (SAO). All employees or contractors who have reasonable cause to believe that fraud, waste, or abuse has occurred (including misconduct by any HHS employee, Grantee officer, agent, employee, or subcontractor that would constitute fraud, waste, or abuse) are required to immediately report the questioned activity to the Health and Human Services Commission's Office of Inspector General. Contractor agrees to comply with all applicable laws, rules, regulations, and System Agency policies regarding fraud, waste, and abuse including, but not limited to, HHS Circular C-027. A report to the SAO must be made through one of the following avenues: • SAO Toll Free Hotline: 1-800-TX-AUDIT • SAO website: http://sao.fraud.state.tx.us/ All reports made to the OIG must be made through one of the following avenues: Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 5 of 13 DocuSign Envelope ID: 83C7ABED-731B-47A2-9Al l-9842DDAECIBB • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline@hhsc.state.tx.us. • OIG Mailing Address: Office of Inspector General Attn: Fraud Hotline MC 1300 P.O. Box 85200 Austin, Texas 78708-5200 29. Antitrust The undersigned affirms under penalty of perjury of the laws of the State of Texas that: A. in connection with this Contract and any related Solicitation Response,neither I nor any representative of the Contractor has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15; B. in connection with this Contract and any related Solicitation Response, neither I nor any representative of the Contractor has violated any federal antitrust law; and C. neither I nor any representative of the Contractor has directly or indirectly communicated any of the contents of this Contract and any related Solicitation Response to a competitor of the Contractor or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Contractor. 30. Legal and Regulatory Actions Contractor represents and warrants that it is not aware of and has received no notice of any court or governmental agency proceeding, investigation,or other action pending or threatened against Contractor or any of the individuals or entities included in numbered paragraph 1 of these Contract Affirmations within the five (5) calendar years immediately preceding execution of this Contract or the submission of any related Solicitation Response that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. If Contractor is unable to make the preceding representation and warranty, then Contractor instead represents and warrants that it has provided to System Agency a complete, detailed disclosure of any such court or governmental agency proceeding, investigation, or other action that would or could impair Contractor's performance under this Contract, relate to the contracted or similar goods or services, or otherwise be relevant to System Agency's consideration of entering into this Contract. In addition, Contractor acknowledges this is a continuing disclosure requirement. Contractor represents and warrants that Contractor shall notify System Agency in writing within five (5) business days of any changes to the representations or warranties in this clause and understands that failure to so timely update System Agency shall constitute breach of contract and may result in immediate contract termination. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 6 of 13 DocuSign Envelope ID:83C7ABED-731B-47A2-9A1 i-9B42DDAECI BB 31. No Felony Criminal Convictions Contractor represents that neither Contractor nor any of its employees, agents, or representatives, including any subcontractors and employees, agents, or representative of such subcontractors, have been convicted of a felony criminal offense or that if such a conviction has occurred Contractor has fully advised System Agency in writing of the facts and circumstances surrounding the convictions. 32. Unfair Business Practices Contractor represents and warrants that it has not been the subject of allegations of Deceptive Trade Practices violations under Chapter 17 of the Texas Business and Commerce Code, or allegations of any unfair business practice in any administrative hearing or court suit and that Contractor has not been found to be liable for such practices in such proceedings. Contractor certifies that it has no officers who have served as officers of other entities who have been the subject of allegations of Deceptive Trade Practices violations or allegations of any unfair business practices in an administrative hearing or court suit and that such officers have not been found to be liable for such practices in such proceedings. 33. Entities that Boycott Israel Contractor represents and warrants that (1) it does not, and shall not for the duration of the Contract, boycott Israel or(2)the verification required by Section 2271.002 of the Texas Government Code does not apply to the Contract.If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 34. E-Verify Contractor certifies that for contracts for services, Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system during the term of this Contract to determine the eligibility of. 1. all persons employed by Contractor to perform duties within Texas; and 2. all persons, including subcontractors, assigned by Contractor to perform work pursuant to this Contract within the United States of America. 35. Former Agency Employees—Certain Contracts If this Contract is an employment contract, a professional services contract under Chapter 2254 of the Texas Government Code, or a consulting services contract under Chapter 2254 of the Texas Government Code, in accordance with Section 2252.901 of the Texas Government Code, Contractor represents and warrants that neither Contractor nor any of Contractor's employees including, but not limited to, those authorized to provide services under the Contract, were former employees of an HHS Agency during the twelve (12) month period immediately prior to the date of the execution of the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 7 of 13 DocuSign Envelope ID: 83C7ABED-731B-47A2-9A11-9B42DDAEC1BB 36. Disclosure of Prior State Employment—Consulting ,Services If this Contract is for consulting services, A. In accordance with Section 2254.033 of the Texas Government Code, a Contractor providing consulting services who has been employed by, or employs an individual who has been employed by, System Agency or another State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services must disclose the following information in its offer to provide services. Contractor hereby certifies that this information was provided and remains true, correct, and complete: I. Name of individual(s) (Contractor or employee(s)); 2. Status; 3. The nature of the previous employment with HHSC or the other State of Texas agency; 4. The date the employment was terminated and the reason for the termination; and 5. The annual rate of compensation for the employment at the time of its termination. B. If no information was provided in response to Section A above, Contractor certifies that neither Contractor nor any individual employed by Contractor was employed by System Agency or any other State of Texas agency at any time during the two years preceding the submission of Contractor's offer to provide services. 37. Abortion Funding Limitation Contractor understands, acknowledges, and agrees that, pursuant to Article IX of the General Appropriations Act(the Act), to the extent allowed by federal and state law, money appropriated by the Texas Legislature may not be distributed to any individual or entity that, during the period for which funds are appropriated under the Act: 1. performs an abortion procedure that is not reimbursable under the state's Medicaid program; 2. is commonly owned, managed, or controlled by an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program; or 3. is a franchise or affiliate of an entity that performs an abortion procedure that is not reimbursable under the state's Medicaid program. The provision does not apply to a hospital licensed under Chapter 241, Health and Safety Code, or an office exempt under Section 245.004(2), Health and Safety Code. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article IX. 38. Funding Eligibility Contractor understands, acknowledges, and agrees that, pursuant to Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code,except as exempted under that Chapter, HHSC cannot contract with an abortion provider or an affiliate of an abortion provider. Contractor certifies that it is not ineligible to contract with HHSC under the terms of Chapter 2272 (eff. Sept. 1, 2021, Ch. 2273) of the Texas Government Code. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID: 83C7ABED-731B-47A2-9A11-9B42DDAEC1BB 39. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment(2 CFR 200.216) Contractor certifies that the individual or business entity named in this Response or Contract is not ineligible to receive the specified Contract or funding pursuant to 2 CFR 200.216. 40. COVID-19 Vaccine Passports Pursuant to Texas Health and Safety Code, Section 161.0085(c), Contractor certifies that it does not require its customers to provide any documentation certifying the customer's COVID-19 vaccination or post-transmission recovery on entry to, to gain access to, or to receive service from the Contractor's business. Contractor acknowledges that such a vaccine or recovery requirement would make Contractor ineligible for a state-funded contract. 41. Entities that Boycott Energy Companies In accordance with Senate Bill 13, Acts 2021, 87th Leg.,R.S., pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies boycotting certain energy companies), Contractor represents and warrants that: (1) it does not, and will not for the duration of the Contract, boycott energy companies or (2)the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 42. Entities that Discriminate Against Firearm and. Ammunition Industries In accordance with Senate Bill 19, Acts 2021, 87th Leg.,R.S., pursuant to Section 2274.002 of the Texas Government Code (relating to prohibition on contracts with companies that discriminate against firearm and ammunition industries), Contractor verifies that: (1) it does not, and will not for the duration of the Contract, have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association or(2) the verification required by Section 2274.002 of the Texas Government Code does not apply to the Contract. If circumstances relevant to this provision change during the course of the Contract, Contractor shall promptly notify System Agency. 43. Security Controls for State Agency Data In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S.,pursuant to Texas Government Code, Section 2054.138, Contractor understands, acknowledges, and agrees that if, pursuant to this Contract, Contractor is or will be authorized to access,transmit, use, or store data for System Agency, Contractor is required to meet the security controls the System Agency determines are proportionate with System Agency's risk under the Contract based on the sensitivity of System Agency's data and that Contractor must periodically provide to System Agency evidence that Contractor meets the security controls required under the Contract. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 9o£l3 DocuSign Envelope ID: 83C7ABED-7318-47A2-9A11-9B42DDAECIBB 44. Cloud Computing State Risk and Authorization Management Program (TX-RAMP) In accordance with Senate Bill 475, Acts 2021, 87th Leg., R.S., pursuant to Texas Government Code, Section 2054.0593, Contractor acknowledges and agrees that, if providing cloud computing services for System Agency, Contractor must comply with the requirements of the state risk and authorization management program and that System Agency may not enter or renew a contract with Contractor to purchase cloud computing services for the agency that are subject to the state risk and authorization management program unless Contractor demonstrates compliance with program requirements. If providing cloud computing services for System Agency that are subject to the state risk and authorization management program, Contractor certifies it will maintain program compliance and certification throughout the term of the Contract. 45. Office of Inspector General Investigative Findings Expert Review In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 531.102(m-1)(2) is applicable to this Contract, Contractor affirms that it possesses the necessary occupational licenses and experience. 46. Contract for Professional Services of Physicians, Optometrists, and Registered Nurses In accordance with Senate Bill 799, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2254.008(a)(2) is applicable to this Contract,Contractor affirms that it possesses the necessary occupational licenses and experience. 47. Foreign-Owned Companies in Connection with Critical Infrastructure If Texas Government Code, Section 2274.0102(a)(1) (relating to prohibition on contracts with certain foreign-owned companies in connection with critical infrastructure) is applicable to this Contract, pursuant to Government Code Section 2274.0102, Contractor certifies that neither it nor its parent company, nor any affiliate of Contractor or its parent company, is: (I)majority owned or controlled by citizens or governmental entities of China, Iran,North Korea, Russia, or any other country designated by the Governor under Government Code Section 2274.0103, or(2) headquartered in any of those countries. 48. Critical Infrastructure Subcontracts For purposes of this Paragraph, the designated countries are China, Iran,North Korea, Russia, and any countries lawfully designated by the Governor as a threat to critical infrastructure. Pursuant to Section 113.002 of the Business and Commerce Code, Contractor shall not enter into a subcontract that will provide direct or remote access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business and Commerce Code, in this state, other than access specifically allowed for product warranty and support purposes to any subcontractor unless (i) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is majority owned or controlled by citizens or governmental entities of a designated country; and (ii) neither the subcontractor nor its parent company, nor any affiliate of the subcontractor or its parent company, is headquartered in a designated country. Contractor will notify the System Agency before entering into any subcontract that will provide direct or remote Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID: 83C7ABED-7316-47A2-9A11-91342DDAECI86 access to or control of critical infrastructure, as defined by Section 113.001 of the Texas Business& Commerce Code, in this state. 49. Enforcement of Certain Federal Firearms Laws Prohibited In accordance with House Bill 957, Acts 2021, 87th Leg., R.S., if Texas Government Code, Section 2.101 is applicable to Contractor, Contractor certifies that it is not ineligible to receive state grant funds pursuant to Texas Government Code, Section 2.103. 50. Prohibition on Abortions Contractor understands, acknowledges, and agrees that,pursuant to Article II of the General Appropriations Act, (1) no funds shall be used to pay the direct or indirect costs (including marketing, overhead, rent, phones, and utilities) of abortion procedures provided by contractors of HHSC; and (2) no funds appropriated for Medicaid Family Planning, Healthy Texas Women Program, or the Family Planning Program shall be distributed to individuals or entities that perform elective abortion procedures or that contract with or provide funds to individuals or entities for the performance of elective abortion procedures. Contractor represents and warrants that it is not ineligible, nor will it be ineligible during the term of this Contract, to receive appropriated funding pursuant to Article lI. 51. False Representation Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty, or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 52. False Statements Contractor represents and warrants that all statements and information prepared and submitted by Contractor in this Contract and any related Solicitation Response are current, complete, true, and accurate. Contractor acknowledges any false statement or material misrepresentation made by Contractor during the performance of this Contract or any related Solicitation is a material breach of contract and may void this Contract. Further, Contractor understands, acknowledges, and agrees that any false representation or any failure to comply with a representation, warranty,or certification made by Contractor is subject to all civil and criminal consequences provided at law or in equity including, but not limited to, immediate termination of this Contract. 53. Permits and License Contractor represents and warrants that it will comply with all applicable laws and maintain all permits and licenses required by applicable city,county, state, and federal rules, regulations, statutes, codes, and other laws that pertain to this Contract. 54. Equal Employment Opportunity Contractor represents and warrants its compliance with all applicable duly enacted state and federal laws governing equal employment opportunities. Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 11 of 13 DocuSlgn Envelope ID: 83C7ABED-731B-47A2-9A11-9B42DDAECIBB 55. Federal Occupational Safety and Health Law Contractor represents and warrants that all articles and services shall meet or exceed the safety standards established and promulgated under the Federal Occupational Safety and Health Act of 1970, as amended (29 U.S.C. Chapter 15). 56. Signature Authority Contractor represents and warrants that the individual signing this Contract Affirmations document is authorized to sign on behalf of Contractor and to bind the Contractor. Signature Page Follows Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 12 of 13 DocuSign Envelope ID:83C7ABED-7316-47A2-9A11-9B42DDAECIBB Authorized representative on behalf of Contractor must complete and sign the following: Corpus Christi Nueces County Public Health District Legal Name of Contractor Corpus Christi Nueces County Public Health District Assumed Business Name of Contractor, if applicable(d/b/a or `doing business as') Corpus Christi Nueces County Public Health District Texas County(s) for Assumed Business Name(d/b/a or `doing business as') Attach Assumed Name Certificate(s) filed with the Texas Secretary of State and Assumed Name Certificate(s), if any, for each Texas County Where Assumed Name Certificate(s) has been filed. F{ DLo¢u-5-lgneAby: . Uwe. August 17,2022 Signature of Authorized Representative Date Signed Steve Wiera Interim Director of Health Printed Name of Authorized Representative Title of Authorized Representative First, Middle Name or Initial, and Last Name 1702 Home Rd Corpus Christi Texas 78416 Physical Street Address City,State, Zip Code Mailing Address, if different City,State, Zip Code 361-826-7200 361-826-1343 Phone Number Fax Number stevev@cctexas.com 069457786 Email Address DUNS Number 74-6000-574 1-746000574-1 Federal Employer Identification Number Texas Identification Number(TIN) na na Texas Franchise Tax Number Texas Secretary of State Filing Number na SAM.gov Unique Entity Identifier(UEI) Health and Human Services Contract Affinnations v.2.2 Effective May 2022 Page 13 of 13 DocuSign, Certificate Of Completion Envelope Id:83C7ABED731B47A29A119B42DDAECIBB Status:Sent Subject:Please DocuSign:HHS001076700001,Corpus Christi-Nueces County(City),A-1,CPS/PH Workforce Source Envelope: Document Pages:39 Signatures:2 Envelope Originator: Certificate Pages:5 Initials:0 CMS Internal Routing Mailbox AuloNay.Enabled 11493 Sunset Hills Road Envelopeld Stamping: Enabled #100 Time Zone: (UTC-06:00)Central Time(US&Canada) Reston,VA 20190 CMS.InternalRouting@dshs.texas.gov IP Address: 167.137.1.7 Record Tracking Status:Original Holder:CMS Internal Routing Mailbox Location:DocuSign 8/17/2022 10:43:25 AM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp DocuSlgneE Oy: Steve Viera IS Sent:8/17/2022 11:05:28 AM SteveV@cctexas.com �O� Viewed:811712022 12:56:07 PM Interim Director of Health DA* 9392'°'5 Signed:8/17/2022 1:05:23 PM Corpus Christi-Nueces County Public Health Security Level Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address: 155.190.8.6 Electronic Record and Signature Disclosure: Accepted:3/1/2022 5:00:47 PM I D:4f8f2f59-1 a8a-43c3-a675-dd40eae6c04f Helen Whittington Completed Sent:8/17/2022 1:05:26 PM helen.whittington@dshs.texas.gov Viewed:8/17/2022 1:08:58 PM Security Level:Email,Account Authentication Signed:8/17/2022 1:13:37 PM (None) Using IP Address: 167.137.1.17 Electronic Record and Signature Disclosure: Accepted:8/17/2022 1:08:58 PM ID:77e2a583-a521-491 e-bf7f-80adf221 c0a9 PATTY MELCHIOR Completed Sent:8/17/2022 1:13:39 PM Patty.Melchior@dshs.texas.gov Viewed:8/17/2022 1:44:16 PM Director, DSHS CMS Signed:8/17/2022 1:44:36 PM Security Level:Email, Account Authentication Using IP Address: 167.137.1.17 (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43@7-481e-996@-7c50409e5d48 Kirk Cole Sent:8117/2022 1:44:38 PM Kirk.Cole@dshs.texas.gov Security Level:Email, Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:8/16/2022 8:54:29 AM ID:Od 035572-5x69-4c67-8631-53dfb717Oa9c In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp DenzelOtokunrin ��PI n Sent:8117/2022 11:05:28 AM denzelo@cctexas.com E� Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Carina Lopez-Vela Sent:8/17/2022 11:05:27 AM CarinaLV@cctexas.corr COPIED Viewed:811 712022 11:47:49 AM Security Level:Email, Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox CMS.I nternalRouti ng@dshs.texas.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Fred L.Waterman Fred,Watermar@dshs.texas.gov Security Level Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 8!1712022 11:05:28 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/14/2020 7:10:18 PM Parties agreed to: Steve Vier@,Helen Whittington,PATTY MELCHIOR,Kirk Cole ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, DSHS Contract Management Section (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through the DocuSign system. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to this Electronic Record and Signature Disclosure (ERSD), please confirm your agreement by selecting the check-box next to 'I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. You will have the ability to download and print documents we send to you through the DocuSign system during and immediately after the signing session and, if you elect to create a DocuSign account, you may access the documents for a limited period of time (usually 30 days)after such documents are first sent to you. 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Two Reading Ordinance Ordinance appropriating $553,560 from an increase in the public health workforce grant from the Department of State Health Services (DSHS) for the period September 1, 2022, through June 30, 2023 for activities to establish, expand, train and sustain public health workforce in support of Coronavirus 2019 (COVID-19), providing indirect cost reimbursement for general government support and procuring office supplies; amending the operating budget; and authorizing 16 grant positions. City Council August 30, 2022 Background and Staff Recommendation • City of Corpus Christi Public Health Workforce o To be used to provide for personnel costs, supplies, and other expenses to offer services and associated activities to assist communities impacted by COVID-19 within the jurisdiction of the Corpus Christi-Nueces County Public Health District (the "CCNCPHD"). To establish, expand, train and sustain public health workforce to support COVID-19 related activities and response efforts. o September 1, 2022, through June 30, 2023 Background and Staff Recommendation o Total Contract value following amendment is $2,103,560.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council August 30, 2022 se G� O'1 +-� H V oRPORPg4 AGENDA MEMORANDUM 1852 City Council Meeting of August, 30, 2022 DATE: August 30, 2022 TO: Peter Zanoni, City Manager FROM: Neiman Young, Assistant City Manager neimany@cctexas.com 361-826-3898 Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a-)-cctexas.com (361) 826-3851 North Beach Drainage Solution Briefing STAFF PRESENTER(S): Name Title/Position Department 1. Neiman Young Assistant City Manager Executive OUTSIDE PRESENTER(S): Name Title/Position Organization 1. Nathaniel Riedy Senior Civil/Project Manager MIG ISSUE: Staff to present Council with a briefing on the findings and recommendations of MIG consultants to best address the North Beach Drainage problems. BACKGROUND: North Beach has faced issues with various types of flooding. As a result, the City of Corpus Christi has previously expended over $830,000 on various studies attempting to find a solution to the area's drainage and flooding issues. Recently, City staff has been working with MIG consultants to perform a comprehensive analysis of the previous studies' findings to determine the best solution to address the flooding. LIST OF SUPPORTING DOCUMENTS: PowerPoint— Corpus Christi North Beach Preferred Drainage Option Summary U fair�IIV S1Vt �� 00, CORPUS CHRISTI - NORTH BEACH Strategic Development Plan - Preferred Drainage Improvement Project Summary M I G CHALLENGES SEA LEVEL Direct Tidal Flooding Direct Backflow Flooding Groundwater Seepage Flooding Ground Sea Level Elevated Sea Level Gravity Flow Drainage Conduit "•""•". Water Table and Resulting Floodwater Original Image from https://www.nature.com/articles/s41598-020-60762-4/figures/1-Labels and photo examples have been modified) CHALLENGES - RAINFALL rw � r f F t M w� w INC. r, 40, ' s _ v NO th Uia, th t!y r: ry d � •�q IRgyr � x e 4 Vulnerabilities \ • Areas subject to tidal flooding at highest observed tide, elevation OD 00 3.5'. ODD�O ➢o • Additional areas are O vulnerable to relative sea ODO level rise and rainfall ' flooding. O O T o �a O S`sae O oo � OOCz�oo O� Vulnerabilities Key routes to beach access points and parks O O O are vulnerable. ysr ywa�e P/drd bPachaacepar \� o o�o 0 0 6P Ch p ALP achacc�s �j QO dcha c�s�� Doig 6Pac p a each /o �dch ALP access Oo ph; �ache4Pa� /p��hB ah opo�aJc Fcopd 4 A Layered Solution A.DUNES(COASTAL BARRIER) B.SEAWALL(COASTAL BARRIER) C.TIDE 6ATES/VALVES(BACKFLOW) F�C I 4NA ii w K _ D.ELEVATE INFRASTRUCTURE E.ELEVATE PARCELS F OPEN CHANNEL CONVEYANCE u G-IMPROVE PIPED CONVEYANCE It.SEDIMENT MONITORING+CLEANING 1_STORMWATER PUMPS f Intervention Effectiveness FloodingIntervention(s) Direct Tidal ... Seepage Flooding Flooding A. Dunes 0000 B.Seawall 0000 000 C.Tide Gates/Valves 0000 D. Elevate Infrastructure 000 000 000 00 E. Elevate Parcels 000 000 000 00 F.Open Channel Convey. 00 G. Imp. Closed Convey. 00 H.Sed. Monitoring+Clean. 0 I.Stormwater Pumps ©©© 000 #1.G+H."Stormwater Convey.+Ditch Imp."Option 1 000 #2.A+D+E+F+G+H. "Linear Park"Option 2 00000 00000 00000 00000 #3.A+D+E+F+G+H"Nay. Canal"Option 3A 00000 00000 00000 00000 #4.A+D+E+F+G+H"Nay. Canal"Option 3B 00000 00000 00000 00000 #5.A+D+E+G+H"Storm Drains w/Elev." 00000 00000 00000 00000 #6.A/B+C+G+H+I"Storm Drains w/o Elev. + Pumps" 00000 00000 00000 00000 Decision Criteria Priority 1 Priority 2 Priority 3 — — — ##2.A+D+E+F+G+H."Linear $$ $$ 000 00000 00000 00000 0000 Park"Option 2 ##3.A+D+E+F+G+H"Nay. $$$$ $$$ 0 00000 00 0000 00 Canal"Option 3A ##4.A+D+E+F+G+H"Nay. $$$$ $$$ 0 00000 00 0000 00 Canal"Option 3B ##5.A+D+E+G+H"Storm $$$ $$$$ 000 0000 O O 00000 Drains w/Elev." ##6.A/B+C+G+H+I"Storm $$$ $$$$$ 0000 0000 O O 00000 Drains w/o Elev.+Pumps" * Delivery Timeframe category considers how quickly improvements can be implemented, including consideration of reliance on Public-Private agreements and interagency agreements. Decision Criteria IN : - r 0 N - .1 #2.A+D+E+F+G+H. "Linear $$ $$ 000 00000 00000 00000 0000 Park" Option 2 #3.A+D+E+F+G+H"Nay. $$$$ $$$ 0 00000 00 0000 00 Canal"Option 3A #4.A+D+E+F+G+H"Nay. $$$$ $$$ 0 00000 00 0000 00 Canal"Option 3B #5.A+D+E+G+H"Storm $$$ $$$$ 000 0000 O 0 00000 Drains w/Elev." #6.A/B+C+G+H+I 'Storm $$$ $$$$$ 0000 0000 0 O 00000 Drains w/o Elev. + Pumps" * Delivery Timeframe category considers how quickly improvements can be implemented, including consideration of reliance on Public-Private agreements and interagency agreements. Coastal Barriers ( Dunes) OPrevents direct seawater flow over land. 0 oO \ Reduces tidal flooding. � 00 o � 0 0 00 o 0 00 �� o�� Elevate Key Access Routes Prioritize improvements on along key access routes. Reduces tidal flooding. Upgrade Stormwater Conveyance Reduces rainfall flooding. Backf low Prevention (Lower Elev. Potential) �\ �\ Elevation of private \ \� properties and some streets may not be feasible in some areas. Mobile or permanent pump systems would be required to manage rainfall during higher tides. O Backf low Prevention (Higher Elev. Potential) V _ i Phase additional infrastructure elevation with adjacent private property elevation. Short-term improvements include installing backflow prevention and �0\ eliminating low points of existing streets. h \ \ o0 \\ 000 oa 0000aa > » > • Confirm desired level of protection • Identify long-term �O revitalization plan and multimodal transportation needs • Implement short term O elevation and conveyance odesign and phasing \o 0 • Develop longterm plan for low lying areas _EGENcoa Implement Sediment New Outfall \y- * Potential 5tormwaterPump Station � � ® Monitoring and Cleaning Piped Conveyance Upgrades Elevate key access routesProgra m Coastal Barrier Existing Park Linear Open Space with Open Channel *All Steps include Conveyance Upgrades Areas of Lower Potential for Redevelopment communication with public and Elevation(install backflow prevention and stakeholders for low-lying areas) Areas of Higher Potential for Development or Redevelopment(install backflow prevention for low-lying areas) Prioritization $4.5M Elevate. In-progress. $2.5M Elevate. Joh $5M Elevate and reconstruct. Limited conveyance Oimprovements. $10M Elevate. Major conveyance improvements, portion of linear open-space, new south-end outfall. Backflow prevention. $5M Elevate. Connect linear open-space. $16M Permanent or mobile pump station locations. Piped 3 conveyance. Coastal barrier (dunes). • Not Shown - Future Phases. Elevation and/or additional Note:Rough order of magnitude costs pump station locations. are provided in Aug.2022 dollars.Based on 2021 Study cost estimate with 15% cost escalation since Feb.2021. American Rescue Plan Available Budget: $6.3M (Bond 2018 + ARPA)* M First Priori (Gulfspray and Beach) M Second Priori (Design and Partial • Elevate Beach Ave and Gulfspray. Construction of Linear Open Space Elevate beach access parking and Channel provide pedestrian access to • Elevate Timon and Surfside, Eco beachwalk. Park and Dolphin Park access. • Limited conveyance improvements along elevated streets. • Install new north-end outfall and portion of linear open-space open channel. • Confirm compatibility with future linear open-space open channel. *Available Budget: ARPA $5.00M Bond 2018- Beach Avenue $1.00M Bond 2018 - Gulfspray Pedestrian Access $0.30M Recommendation Approve the North Beach Drainage Improvement Project as part of the FY 23 Capital Budget