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HomeMy WebLinkAboutAgenda Packet City Council - 07/25/2023 o',A.,5r.,f,�r s City of Corpus Christi 1201 Leopard Street Corpus Christi,TX 78401 _ x w cctexas.com \ Meeting Agenda - Final-revised City Council Tuesday,July 25,2023 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 Associate Pastor Brandon Cunningham, Grace Community Church. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Christian Sabsook, Twelfth Grader at Veterans Memorial High School . D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. E. UPDATE ON CITY OPERATIONS/CITY MANAGER COMMENTS: a. Presentation of the City of Corpus Christi's FY 2024 Proposed Annual Operating Budget and Capital Improvements Program Budget b. City Manager Comments: 1. 23-1209 Introduction of CCRTA new CEO Derrick Majchszak 2. 23-1210 TxDOT Quarterly Update to include the Harbor Bridge City of Corpus Christi Page 1 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 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: BUDGET RELATED ITEMS: (ITEMS 3 - 5) 3. 23-1146 Resolution to consider a proposed ad valorem tax rate of no more than $0.620261 per$100 valuation for Fiscal Year (FY) 2024 and taking a record vote; setting the date for the City's proposed FY 2024 budget and proposed FY 2024 ad valorem tax rate public hearings and first reading ordinances on August 29, 2023, with adoption of the FY 2024 budget and FY 2024 ad valorem tax rate on September 5, 2023. sponsors: Finance &Procurement 4. 23-1141 Public Hearing and Resolution approving the Corpus Christi Crime Control and Prevention District Budget for FY 2024 with revenues in a total amount of$9,063,896.00 and expenditures in a total amount of$11,262,350.00 to fund 78 authorized Police sworn personnel, nine replacement vehicles, and equipment to support both. sponsors: Police Department 5. 23-1203 Public Hearing and First Reading Ordinance adopting the City of Corpus Christi (City) Fiscal Year 2024-2028 and U.S. Department of Housing and Urban Development (HUD) Program Year 2023-2027 Five Year Consolidated Plan (ConPlan); adopting the City Fiscal Year 2024 and HUD Program Year 2023 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of$3,507,977, the Emergency Solutions Grant (ESG) budget in the amount of$235,549, and the HOME Investment Partnerships Program (HOME) budget in the amount of$1,661,130 for a total of$5,404,656 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the ConPlan, AAP and CPP; authorizing a staff complement of 13 positions; accepting and City of Corpus Christi Paye 2 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments and other documents necessary to implement the FY 2024-2028 PY 2023-2027 ConPlan and FY 2024 PY 2023 AAP. sponsors: Planning and Community Development Department I. CONSENT AGENDA: (ITEMS 6 - 20) 6. 23-1211 Approval of the April 6, 2023 Retreat and July 18, 2023 Regular Meeting Minutes. sponsors: City Secretary's Office Consent-Second Reading Ordinances 7. 23-0918 Ordinance authorizing acceptance of$8,843.58 from the Texas Commission on Environmental Quality for HazMat equipment and training for the City of Corpus Christi-Nueces County Local Emergency Planning Committee; and appropriating $8,843.58 into the LEPC Fund. sponsors: Fire Department 8. 23-0919 Ordinance authorizing acceptance of$4,608.23 from Howard Energy Partners for Hazmat supplies and equipment for the Corpus Christi Fire Department; and appropriating $4,608.23 into the Fire Grants Fund. sponsors: Fire Department 9. 23-0920 Ordinance accepting a grant in the amount of$10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for training for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $10,000 to Fire Department Grants Fund. sponsors: Fire Department 10. 23-1062 Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. sponsors: Aviation Department 11. 23-1059 Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). sponsors: Development Services Consent- Contracts and Procurement City of Corpus Christi Page 3 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 12. 23-0854 Resolution authorizing a two-year supply agreement with EGSW, LLC, of San Antonio in an amount not to exceed $541,300.00, for the purchase of Micro-Solve, a preventative grease and odor solution utilized at Wastewater Treatment Plants and Lift Stations, with FY 2023 funding in the amount of$90,217.00 from the FY 2023 Wastewater Fund. sponsors: Corpus Christi Water and Finance &Procurement 13. 23-0961 Motion authorizing execution of a one-year service agreement with R & R Petro Services, Inc., of Corpus Christi, in an amount not to exceed $59,818.11 for the purchase and installation of a 500-gallon above ground fuel tank for the Public Works Department, with FY 2023 funding of $14,954.00 from the Storm Water Fund. sponsors: Public Works/Street Department and Finance &Procurement 14. 23-1182 Resolution authorizing a one-year service agreement with Roche Diagnostics Corporation, of Indianapolis, Indiana, for$57,286.40, for the purchase of a Magna Pure 24 Instrument (lab testing equipment) to be utilized by the Corpus Christi-Nueces County Public Health District, with FY 2023 funding from the COVID IDCU grant fund. sponsors: Health Department and Finance &Procurement General Consent Items 15. 23-1119 Resolution authorizing an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi, Nueces County, and City of Bishop to include in the agreement the City of Driscoll as a MetroCom participant. sponsors: Police Department Consent-First Reading Ordinances 16. 23-1126 Ordinance authorizing the acceptance of a grant from the Bureau of Justice Assistance under the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant in the amount of$3,257.57 for partial reimbursement of the purchase of 20 additional pieces of body armor; and appropriating $3,257.57 in the Police Grants Fund. sponsors: Police Department 17. 23-0926 Ordinance authorizing acceptance and future amendments of the Texas Epidemiology Capacity Expansion Grant for $204,856.00 from the Texas Department of State Health Services (DSHS); and appropriating $204,856.00 of grant funds to conduct surveillance and epidemiology activities for the period of September 1, 2023, through August 31, 2025; and authorizing one grant position. sponsors: Health Department 18. 23-1040 Ordinance authorizing acceptance and future amendments of the Regional City of Corpus Christi Page 4 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 Local Services System/Local Public Health System Grant for$328,736.00 from the Department of State Health Services (DSHS); and appropriating $328,736.00 of grant funds, $330,000.00 of grant program income and $70,000 of Medicaid income in the Health Grant Fund to provide local public health services to improve or strengthen local public health for the period of September 1, 2023 through August 31, 2025; and authorizing four grant positions. sponsors: Health Department 19. 23-1077 Ordinance authorizing acceptance and future amendments of Immunization/Locals (IMM/LOCALS) Grant for$241,637.00 from the Department of State Health Services (DSHS); and appropriating $241,637.00 in the Health Grant Fund to implement and operate an immunization program for children, adolescents, and adults for the period September 1, 2023, through August 31, 2024; and appropriating related program income in the estimated amount of$20,000.00 in the Health Grants Fund; and authorizing four grant positions. sponsors: Health Department 20. 23-1129 Ordinance authorizing a Wastewater Trunk System Construction Reimbursement Agreement ("Agreement") up to $1,382,148.68 with Grangefield Development, LLC ("Developer") to construct a required wastewater trunk line extension for the proposed residential development of Oso Ranch Unit 1 located in Flour Bluff and requiring construction completion within 24 months; transferring $434,396.35 collectively from the Water Trust Funds and Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $808,539.84 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $573,608.84 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of$573,608.84 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. sponsors: Development Services J. RECESS FOR LUNCH K. PUBLIC HEARINGS: (ITEM 21) 21. 23-1130 Zoning Case No. 0623-03 Victor Valdez, (District 3). Ordinance rezoning a property at or near 5922 Kostoryz Road from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District). sponsors: Development Services City of Corpus Christi Page 5 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 L. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 22 - 27) 22. 23-1215 Motion declaring the intent to include an item on the November 2023 election ballot replacing the existing Type A sales tax with the adoption of a two-eighths of one percent sales and use tax (maintaining the current level of sales and use tax) for the promotion and development of new and expanded business enterprises to be administered by the Corpus Christi Business and Job Development Corporation (Type A Corporation) under Chapter 504 of the Texas Local Government Code, with the use of the proceeds specifically to be used for the convention center complex, including maintenance and operation costs for the life thereof, design, construction, maintenance and repair of commercial and industrial streets, and design, construction, maintenance, and operation of regional parks within the City. sponsors: City Manager's Office 23. 23-1142 Motion authorizing a construction contract to FCS Construction LLC., Frisco, Texas, in an amount of$7,193,841.34 for the construction of Cefe Valenzuela Landfill Sector 2A Cell Development, located outside of City limits by Petronila Creek, with funding available from FY 2023 Certificate of Obligation. Sponsors: Engineering Services, Solid Waste Operations and Contracts and Procurement 24. 23-1155 Motion awarding a construction contract to PM Construction & Rehab, LLC, Pasadena, Texas, in an amount up to $8,100,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $24,300,000.00 for Citywide Wastewater Indefinite Delivery Indefinite Quantity FY 2023 project, located Citywide, with FY 2023 funding available from the Wastewater Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Contracts and Procurement 25. 23-1168 Motion awarding a construction contract to Clark Pipeline Services, LLC, Corpus Christi, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity FY2023 Part B project, located Citywide, with FY 2023 funding available from the Water Capital Fund. Sponsors: Engineering Services, Water Utilities Department and Contracts and Procurement 26. 23-0888 Motion awarding a construction contract to Callan Marine Ltd., of Galveston, Texas for Packery Channel Dredging and Beach Nourishment project, in an amount of$3,531,549.00, located in Council District 4, with funding available from Tax Increment Reinvestment Zone No. 2. Sponsors: Engineering Services, Parks and Recreation Department and Contracts and Procurement City of Corpus Christi Page 6 Printed on 7/24/2023 City Council Meeting Agenda-Final-revised July 25,2023 27. 23-1231 Resolution rejecting the bid of DLF Two Inc. dba DLF Texas as non-responsive and authorizing execution of a construction contract with Weaver and Jacobs Constructors, Inc., Cuero, TX as the lowest responsive, responsible bidder for the construction of Fire Station No. 3 in an amount of$10,223,414.00 and authorize a professional services contract amendment No. 2 to Brown Reynolds Waterford Architects, College Station, Texas, to provide construction phase services in an amount of$138,000 for a total restated fee not to exceed $758,400, located in Council District 2, with FY 2023 funding available from Certificates of Obligation, G.O. Bond 2018, G.O. Bond 2020, and American Rescue Plan. sponsors: Engineering Services, Fire Department and Finance & Procurement M. BRIEFINGS: N. EXECUTIVE SESSION: (ITEMS 28 -29) 28. 23-1224 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 matters in collective bargaining agreement(s) with the Corpus Christi Police Officers' Association, related personnel matters involving City employees, other potential collective bargaining matters, and potential approval in open session of a collective bargaining agreement with the Corpus Christi Police Officers' Association. 29. 23-1187 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 personnel matters and the City Manager and Texas Government Code § 551.074 (personnel matters) to deliberate the appointment, employment, evaluation, reassignment, duties, or discipline of a public officer or employee (including, but not limited to, the City Manager). O. ADJOURNMENT City of Corpus Christi Page 7 Printed on 7/24/2023 ��� � ��a��b�,�"�o�� ,, .. , . � �%� Y��d`pti� 1 '�r,��V"���l� � ,A ( � � ,. i9 , o a,^ m ��i�,� � R � �f�? �y oda � ,�� , F�P r+�( I yy�,�'!I VV V �st� ���" `°..� ��3 i�� � a �����Ni��� �� ,� ,��r �� :�� r ��� ��a` tiN�� ,a �! �, rr ij �t� ���lv� �il�t' t,�l�� l' �- �, �tiif� ...�„ m �� 1�y;' �;;; <<�� a ��, '(�i[iyi kyr{ � � ',: v 5���'t��� a �� �w L,; � i § +p `i .wYW�. 6,1'i R F"a'd k•�sy � s� S "dry +�,� F �y.My r'+� �J "X� '�k ,;�ar d wt '�"��r',xa, �u�ti'"S� y"'�. r a�",,4'� k " �. a �`�,�.. 9" �' � "� � �'y� 9 R��y• !�� e y y y� p r� r+�y b'Wk-. °.ti�h ��� �.�ti,�, b °`,'�'� yy. r ����, 5 � twee _ � tb�M ��,N ��T' �; '� 7 i i ,",y'sry ��- y M � p n � �`;,�. ' yea � •�sY, 49� x ���� M. 602 N.Staples,Corpus Christi,Texas 78401 1 p. 361-289-2712 1 f. 361-903-3578 1 www.ccrta.org FOR IMMEDIATE RELEASE DATE: June 20,2023 CONTACT: Rita Patrick,Managing Director of Public Relations, rpatrickkccrta.org or(361) 500-2905 Derrick Majchszak Announced as New CCRTA CEO Current Managing Director of Operations Unanimously Selected Following Nationwide Search CORPUS CHRISTI, Texas —Following a national search, Corpus Christi Regional Transportation Authority's (CCRTA) Board of Directors has announced that they've unanimously selected Derrick Majchszak to be the next Chief Executive Officer(CEO). Derrick will begin his tenure as CEO on July 1, 2023. "As a Board, we had an opportunity to interview a number of exceptional candidates from across the United States. I am excited to announce that Derrick Majchszak, our current Managing Director of Operations, will be CCRTA's next CEO. As an individual who came up through the ranks of transportation, starting out as a Bus Mechanic, I believe his track record and leadership qualities will ensure that the future of CCRTA is in good hands," said Dan Leyendecker, Board Chairman. Derrick has more than 17 years of public transportation experience. He joined the CCRTA in 2017 as Director of Transportation before being promoted to Managing Director of Operations, where he led 250 employees and contractors and managed a $26 million budget. Derrick earned his Bachelor's Degree from Texas A&M University-Corpus Christi, and a Master's in Public Administration from Tarleton State University. He is a U.S. Navy Veteran. "I want to thank the Board of Directors for their vote of confidence, and I am honored and ready to serve as CCRTA's Chief Executive Officer. I have witnessed firsthand how CCRTA has become a nationally-recognized transit agency, and I look forward to providing a safe, accessible, and innovative transportation system for current and future generations," stated Derrick Majchszak. CCRTA serves more than 10 communities in an 846 sq. mile service area within the Corpus Christi region. CCRTA was recently recognized by the American Public Transportation Association (APTA) for its safety & security and emergency management. In 2022, CCRTA earned the Texas Transit Association's Outstanding Metropolitan Transit Agency award. Media Inquiries,please contact: Rita Patrick, CCRTA Managing Director of Public Relations,rpatrickkccrta.org or(361) 500-2905 so GO O� U NCOHP00.Pt' 1852 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 25, 2023 DATE: July 5, 2023 TO: Peter Zanoni, City Manager FROM: Alma I. Casas, Interim Director of Finance and Procurement almac@cctexas.com (361) 826-3610 Set the proposed Fiscal Year 2024 Tax Rate at $0.620261 per $100 valuation, take record vote, and schedule a public hearing for FY 2024 Budget and Tax Rate CAPTION: Resolution to consider a proposed ad valorem tax rate of no more than $0.620261 per $100 valuation for Fiscal Year (FY) 2024, taking a record vote, and setting the date for the City of Corpus Christi's proposed FY 2024 budget and proposed FY 2024 ad valorem tax rate public hearings and first reading ordinances on August 29, 2023, with adoption of the FY 2024 budget and FY 2024 ad valorem tax rate on September 5, 2023. SUMMARY: The City of Corpus Christi is proposing a tax rate of no more than $0.620261 per $100 valuation for FY 2023. The Texas Tax Code requires that the City Council take a record vote when the proposed property tax rate is anticipated to be above the no new revenue tax rate and to approve a resolution to set the date for the public hearing on the proposed tax rate when the tax rate exceeds the lower of the no-new-revenue tax rate or the voter- approval tax rate. BACKGROUND AND FINDINGS: If a proposed property tax rate exceeds the no-new-revenue tax rate or the voter-approval tax rate, whichever is lower, the Tax Code requires that the governing body must take a record vote to place a proposal to adopt the tax rate on the agenda of a future meeting as an action item and hold a public hearing. The City is proposing a tax rate of no more than $0.620261 per $100 valuation which is anticipated to be above the no new revenue rate but less than the voter approval rate. In the event that the proposed tax rate exceeds the voter approval rate, including any unused increment from prior years, the lesser of the two rates will be proposed for adoption by City Council. The Nueces County Tax Office provides the City with the truth in taxation worksheet, which calculates the no-new-revenue tax rate and voter approval tax rate, during the first week of August. When the proposed FY 2024 tax rate exceeds the lower of the no-new- revenue tax rate or the voter-approval tax rate, the Tax Code requires the governing body to hold one public hearing. The public hearing for the FY 2024 budget and proposed tax rate will be held on August 29, 2023; as well as the first reading of the ordinance for adoption of the FY 2024 budget and the first reading of the ordinance for adoption of the FY 2024 tax rate. The vote for the final adoption of the budget and tax rate is scheduled to be held on September 5, 2023. Additionally, in compliance with the "truth-in-taxation" guidelines, the proposed property tax rate, the no-new-revenue tax rate, and the voter- approval tax rate will be published at least seven (7) days before the public hearing. The notice for the City's proposed tax rate is anticipated to be published in the Corpus Christi Caller-Times on August 13, 2023. Taxes will be levied in October, once the tax rate is adopted and the property tax bills are processed by the Nueces County Tax Office. ALTERNATIVES: N/A FISCAL IMPACT: The City proposes setting a tax rate of$0.620261 per$100 valuation which is anticipated to be in excess of the no new revenue tax rate. FUNDING DETAIL: N/A RECOMMENDATION: Staff recommends approval of the resolution as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Resolution to consider a proposed ad valorem tax rate of no more than $0.620261 per $100 valuation for Fiscal Year (FY) 2024 and taking a record vote; setting the date for the City's proposed FY 2024 budget and proposed FY 2024 ad valorem tax rate public hearings and first reading ordinances on August 29, 2023, with adoption of the FY 2024 budget and FY 2024 ad valorem tax rate on September 5, 2023. WHEREAS, Texas Local Government Code Section 102.006 requires the governing body to hold a public hearing on the budget and provides that the governing body shall set the budget public hearing for a date occurring after the 15th day after the date the proposed budget is filed with the municipal clerk but before the date the governing body makes its tax levy; WHEREAS, Texas Tax Code Section 26.04(c) provides that, after the assessor for the taxing unit submits the appraisal roll for the taxing unit to the governing body, an officer or employee designated by the governing body shall calculate the no-new-revenue tax rate and the voter-approval tax rate for the taxing unit; WHEREAS, Texas Tax Code Section 26.05(d) provides that the governing body may not adopt a tax rate that exceeds the lower of the voter-approval tax rate or the no- new- revenue tax rate until the governing body has held a public hearing on the proposed tax rate; WHEREAS, Texas Tax Code Section 26.05(d-1) provides that the governing body may not hold a public hearing on a proposed tax rate or a public meeting to adopt a tax rate until the fifth day after the date the chief appraiser of each appraisal district in which the taxing unit participates delivers the notices required by Section 26.04(e-2) and complied with Section 26.17(f); and WHEREAS, Texas Tax Code Section 26.06(a) provides that a public hearing may not be held before the fifth day after the date the notice of the public hearing is given; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A proposal to consider an ad valorem tax rate of no more than $0.620261 per $100 valuation for the City's fiscal year (FY) 2023-2024 has been introduced, considered, and voted upon by a record vote. SECTION 2. The public hearing for the budget for the City's FY 2023-2024 will be held on Tuesday August 29, 2023, during the City Council meeting, which meeting begins at 11 :30 a.m. SECTION 3. The first reading of the ordinance to adopt the budget for FY 2023-2024 is set for Tuesday August 29, 2023, during the City Council meeting, which meeting begins at 11 :30 a.m. SECTION 4. The public hearing for the FY 2023-2024 proposed ad valorem tax rate will be held on Tuesday, August 29, 2023, during the City Council meeting, which meeting begins at 11 :30 a.m. SECTION 5. The first reading of the ordinance to adopt the FY 2022-2023 ad valorem tax rate is set for Tuesday August 29, 2023, during the City Council meeting, which meeting begins at 11 :30 a.m. SECTION 6. The second and final reading of the ordinance for the adoption of the FY 2022-2023 budget is set for Tuesday, September 5, 2023, during the City Council meeting, which meeting begins at 11 :30 a.m. SECTION 7. The second and final reading of the ordinance for the adoption of the FY 2023-2024 ad valorem tax rate is set for Tuesday, September 5, 2023, during the City Council meeting, which meeting begins at 11:30 a.m. PASSED AND APPROVED on the day of ' 2021 Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor so G� NowPORAz4AGENDA MEMORANDUM 1852 Public Hearing and Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)cctexas.com (361) 886-2601 Public Hearing and Resolution approving the Fiscal Year 2024 Corpus Christi Crime Control District Budget CAPTION: Resolution approving the Corpus Christi Crime Control and Prevention District Budget for FY 2024 with revenues in a total amount of $9,063,896.00 and expenditures in a total amount of $11,262,350.00 to fund 78 authorized Police sworn personnel, nine replacement vehicles, and equipment to support both. SUMMARY: The purpose of this Resolution is to hold a public hearing and approve the FY 2024 Crime Control and Prevention District Budget as mandated by the State law governing this type of district. BACKGROUND AND FINDINGS: Provisions of the Local Government Code section 363.205 require that the governing body of the political subdivision that created the Crime Control and Prevention District shall hold a public hearing on the proposed annual budget to receive public comment and approve or reject the budget submitted by the Board of Directors of the Corpus Christi Crime Control and Prevention District. On November 4, 1997, the voters established the Crime Control and Prevention District for five years beginning April 1, 1998. The voters renewed the District on November 6, 2002 for five years, on April 14, 2007 for ten years and on November 8, 2016 for ten years. This continues the 1/8 cent sales tax to fund the District and provide additional funds to enhance law enforcement efforts in the City of Corpus Christi. The proposed $11,262,350.00 budget provides funding for 78 officers, nine replacement vehicles, and equipment to support both. Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 45th day before the date each fiscal year begins, and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 30th day before the date each fiscal year begins. The Crime Control and Prevention District held a public hearing on June 21, 2023 and adopted the budget the same day. The budget must now be submitted to the City Council for approval. The City Council must hold a public hearing in accordance with notice and all other procedures required by law. ALTERNATIVES: The alternative is not to approve the proposed FY 2024 Crime Control and Prevention District Budget, and to ask the Crime Control and Prevention District Board to reconvene to develop another proposed FY 2024 Crime Control and Prevention District Budget for consideration by the City Council at a later date. However, the Texas Government Code, Subchapter E Section 363.205(a) requires a public hearing to be held on the budget no later than the 45th day before the date each fiscal year begins, and section 363.205(d) requires the governing body of the district approve or reject the budget no later than the 30th day before the date each fiscal year begins. FISCAL IMPACT: This item represents revenues in a total amount of $9,063,896.00 in Fund 9010 Crime Control and Prevention District fund for FY 2024 to support $11,262,350.00 in expenditures which will allow for funding of 78 authorized Police sworn personnel, nine replacement vehicles, and equipment to support both. FUNDING DETAIL: Fund: 9010— Crime Control and Prevention District Organization/Activity: 11711 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Account: various Amount: $9,262,350.00 Fund: 9010— Crime Control and Prevention District Organization/Activity: 11717 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Account: 520090 and 550020 Amount: $1,150,00.00 Fund: 9010— Crime Control and Prevention District Organization/Activity: 11718 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Account: 520090 Amount: $750,000.00 Fund: 9010— Crime Control and Prevention District Organization/Activity: 80000 Mission Element: 051 Respond to calls for law enforcement services. Project # (CIP Only): N/A Account: 540500 Amount: $100,000.00 RECOMMENDATION: Staff recommends approving the Corpus Christi Crime Control and Prevention District Budget, as presented. LIST OF SUPPORTING DOCUMENTS: Resolution Budget adopted by the Crime Control and Prevention District Board of Directors Resolution approving the Corpus Christi Crime Control and Prevention District Budget for FY 2024 with revenues in a total amount of$9,063,896.00 and expenditures in a total amount of $11,262,350.00 to fund 78 authorized Police sworn personnel, nine replacement vehicles, and equipment to support both. WHEREAS, the Crime Control and Prevention District Board held a public hearing on June 21, 2023 and adopted FY 2023-2024 budget in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing; and WHEREAS, a public hearing was held during a meeting of the City Council in compliance with all legal requisites including notice of the public hearing published in a newspaper of general circulation in the district not later than 10 days before the hearing. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: Section 1.The FY 2023-2024 budget for the Corpus Christi Crime Control and Prevention District is approved. PASSED AND APPROVED on the day of 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor CITY OF CORPUS CHRISTI, TEXAS Crime Control and Prevention District FY 2023-2024 Proposed Budget CORpvs CNR13T1 a W Z Q DISTRICT July 25, 2023 Crime Control & Prevention FY 121 - 2022 Actual Revenues & Expenditures FY 122 - 2023 Year End Revenue & Expenditure FY 123 - 2024 Proposed Budget Original Amended Actuals Budget Budget Estimated Proposed Account Description 2021 - 2022. 2022- 2023 2022- 2023 2022- 2023 2023-2024 Beginning Balance $ 5,948,933 $ 6,305,451 $ 6,682,246 $ 6,682,246 $ 6,155,088 Revenues Sales Tax $ 8,412,465 $ 8,444,311 $ 8,444,311 $ 8,759,737 $ 8,934,931 Interest on Investments 31,998 84,846 84,846 137,289 128,965 Net Inc./Dec. in FV of Investments (97,949) - - - - Total Current Revenues 8,346,514 8,529,157 8,529,157 8,897,026 9,063,896 Total Funds Available 14,295,448 14,834,608 15,211,403 15,579,272 15,218,984 Expenditures Police Officer Costs 6,980,851 8,615,094 8,644,073 8,321,077 9,262,350 Public Safety Vehicles & Equipment 632,351 870,053 1,167,105 1,103,107 1,150,000 Police Academy Costs - - - - 750,000 Reserve Appropriation - 100,000 - - 100,000 Total Expenditures 7,613,202 9,585,147 9,811,179 9,424,184 11,262,350 Ending Balance 6,682,246 5,249,461 5,400,224 6,155,088 3,956,634 Surplus/(Deficit) 733,312 (1,055,990) (1,282,022) (527,158) (2,198,454) Crime Control & Prevention Police Officer Costs Proposed Expenditure Budget Original Amended BudgetActuals . . . Proposed Account Description 2021 - 2022 2022 - 2023 2022 - 2023 2022 - 2023 2023 -2024 Salaries and Wages 3,773,715 4,626,482 4,626,482 4,570,893 5,043,274 Overtime 427,974 464,286 464,286 432,479 510,000 Other Pay 207,108 303,333 303,333 199,833 300,000 Retirement 1,106,427 1,288,024 1,288,024 1,275,097 1,416,492 Group Insurance Benefits 647,362 885,238 885,238 819,608 860,000 Other Employee Benefits 30,682 24,762 24,762 12,509 25,257 Clothing 50,428 88,400 88,400 75,000 91,052 Fuel & Lubricants 204,907 154,500 154,500 138,211 159,135 Minor Tools & Equipment 348,385 565,150 594,129 594,129 600,000 Minor Computer Equipment - - 28 - Office Supplies 5 - - - - Maintenance & Repairs 164 300 300 300 309 Recreational supplies & Equip 800 - - - - Professional Services 311 1,000 1,000 1,000 1,030 Vehicle Repairs 146 300 300 300 309 Telephone/Telegraph Service 27,362 28,044 28,044 25,358 28,885 Equipment Maintenance - 1,000 1,000 1,000 1,030 Police Supplemental Insurance 7,320 8,760 8,760 8,590 9,587 Police Vision Insurance 4,480 5,794 5,794 3,952 6,340 Sworn Employee - Dental 22,470 27,810 27,810 20,550 30,434 Travel 992 - - 329 - Self Insurance Allocation 119,813 141,912 141,912 141,912 179,215 6,980,851 8,615,094 8,644,073 8,321,077 9,262,350 FTES: FY 2018/2019 - 63 Police Officers FY 2019/2020 - 63 Police Officers FY 2020/2021 - 63 Police Officers FY 2021/2022 - 63 Police Officers FY 2022/2023 - 78 Police Officers FY 2023/2024 - 78 Police Officers General Liability provides funding for insurance that covers vehicles, mobile equipment, property, buildings via general liability & excess liability insurance, fleet catastrophic insurance and auto physical damage insurance. Workers Compensation pays for costs associated with work-related injuries. The program also provides funding to educate the workforce on safe work habits, develop safety programs & initiatives, and provide employees with training on the proper use of equipment & on how to protect themselves while working for the city. Risk Administration costs provide funding for the staff responsible for identifying the risk of loss faced by the City and developing cost effective strategies to avoid, prevent, transfer and finance such losses. The Risk Management Division is responsible for procuring insurance, administering general and auto liability claims, the workers' compensation process and the safety needs of the organization city-wide. Litigation Support costs are based on the salaries of the city attorneys and claim adjusters assigned to perform work on issues & cases associated to the Risk Management Department. Crime Control & Prevention Public Safety Vehicles & Equipment Proposed Expenditure Budget Original Amended Actuals Budget Budget Estimated Proposed Account Description 2021 - 2022 2022- 2023 2022- 2023 2022- 2023 2023 -2024 Minor Tools & Equipment 19,526 300,000 432,044 368,045 400,000 Vehicles & Machinery 530,381 570,053 735,062 735,062 750,000 Other Equipment 82,444 - - - Totals 632,351 870,053 1,167,105 1,103,107 1,150,000 FY 2018/2019 - 3 replacement vehicles FY 2019/2020 - 3 replacement vehicles FY 2020/2021 - 5 replacement vehicles FY 2021/2022 - 5 replacement vehicles FY 2022/2023 - 5 replacement vehicles and 3 additional vehicles FY 2023/2024 - 9 replacement vehicles Crime Control & Prevention Police Academy Costs - 11718 Proposed Expenditure Budget Original Amended Actuals Budget Budget Estimated Proposed Account Description 2021-2022 2022-2023 2022-2023 2022-2023 2023-2024 Minor Tools & Equipment - - - - 750,000 Totals - - - - 750,000 Crime Control & Prevention District Reserve Appropriation - 80000 Proposed Expenditure Budget Original Amended Actuals Budget Budget Estimated Proposed Account Description 2021 - 2022 2022 - 2023 2022 - 2023 2022 - 2023 2023 -2024 Reserve Appropriation FY 2023-2024 Proposed Budget Crime Control and Prevention District City Council July 25, 2023 History Background& • On November 4, 1997, voters established the Corpus Christi Crime Control and Prevention District (CCCPD) for five years beginning April 1, 1998. • Voters renewed the District on November 6, 2002 for five years • On April 14, 2007, voters renewed the District for ten years • On November 8, 2016, voters renewed the District for ten years • In November of 2026, the voters can approve to renew— CCCPD is set to expire on April 1, 2027 • In general, the District Board shall manage, control, and administer district funds • Not later than the 100th day before FY begins, the District Board shall hold a public hearing • Not later than the 80th day before FY begins, the District Board shall adopt a budget • City Council shall approve or reject the budget submitted by the board. City Council may not amend the budget. If City Council rejects the budget submitted by the board, City Council and the District Board shall meet to amend and approve the budget before the beginning of the fiscal year Budget SummaryI,,,eq--M-e"I Revenues: • Crime Control and Prevention District is funded with one- eighth of one percent sales tax Expenditures: • FY 2023-24 Proposed Expenditure Budget funds - 0 78 sworn police officer positions o $344,843 Increase in Personnel costs due to Tentative CBA Agreement o $750,000 added for Police Academy Costs o $45,714 Overtime increase 0 9 marked police package vehicle replacements o $400,000 in minor tools and equipment — $100,000 increase for IT costs Budget Overview FY 2022 FY 2023 FY 2023 FY 2023 FY 2024 Actuals Adopted Amended . .. ActualsBudget Budget Beginning Fund Balance 5,948,933 6,305,451 6,682,246 6,682,246 6,155,088 Total Revenue 8,346,514 8,529,157 8,529,157 8,897,026 9,063,896 Total Expenditures 7,613,202 9,585,147 9,811,179 9,424,184 11,262,350 Ending Fund Balance 6,682,246 5,249,461 5,400,224 6,155,088 3,956,634 WO Revenues 2024 ProposedActuals Adopted Amended Estimated Sales Tax Revenue 8,412,465 8,444,311 8,444,311 8,759,737 8,934,931 Interest on Investments 31,998 84,846 84,846 137,289 128,965 Net Inc./Dec. in FV of Investments (97,949) - - - - Total 8,346,514 8,529,157 8,529,157 8,897,026 9,063,896 Expenditures FY 2022 FY 2023 FY 2023 FY 2023 FY 2024 Actuals Adopted Amended . .. Police Officer Costs 6,980,851 8,615,094 8,644,073 8,321,077 9,262,350 Public Safety Vehicles& Equipment 632,351 870,053 1,167,105 1,103,107 1,150,000 Police Academy Costs - - - - 750,000 Reserve Appropriation - 100,000 - - 100,000 Total 7,613,202 9,585,147 9,811,179 9,424,184 11,262,350 FY 2023-2024 Proposed Budget Crime Control and Prevention District City Council July 25, 2023 so G� 1852 AGENDA MEMORANDUM Public Hearing/1St Reading Ordinance for the City Council Meeting of July 25, 2023 2nd Reading Ordinance for City Council Meeting August 8, 2023 DATE: 7/17/2023 TO: Peter Zanoni, City Manager THRU: Steve Viera, Assistant City Manager stevev(a)cctexas.com (361) 826-3445 FROM: Daniel McGinn, AICP, Director of Planning and Community Development danielmc(a)cctexas.com (361) 826-7011 Public Hearing and Ordinance regarding the City of Corpus Christi's FY 2024-2028 Five Year Consolidated Plan, FY 2024 Annual Action Plan, and Citizen Participation Plan CAPTION: Ordinance adopting the City of Corpus Christi (City) Fiscal Year 2024-2028 and U.S. Department of Housing and Urban Development (HUD) Program Year 2023-2027 Five Year Consolidated Plan (ConPlan); adopting the City Fiscal Year 2024 and HUD Program Year 2023 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of$3,507,977, the Emergency Solutions Grant (ESG) budget in the amount of $235,549, and the HOME Investment Partnerships Program (HOME) budget in the amount of $1,661,130 for a total of $5,404,656 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the ConPlan, AAP and CPP; authorizing a staff complement of 13 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments and other documents necessary to implement the FY 2024- 2028 PY 2023-2027 ConPlan and FY 2024 PY 2023 AAP. SUMMARY: Public Hearing and Ordinance to adopt the Fiscal Year 2024-2028 PY 2023-2027 ConPlan, FY 2024 PY 2023 AAP, the CPP and for citizens to provide comments on the proposed plans. These plans are required by HUD and describe the City's proposed activities for how CDBG, ESG, and HOME funds will meet local housing, homeless and community development priority needs. BACKGROUND AND FINDINGS: As a HUD entitlement community, the City is required to submit to HUD a ConPlan, AAP, and CPP. This ConPlan covers the program period of October 1, 2023, through September 30, 2028. The ConPlan components include stakeholder consultation, housing and homeless needs assessment, housing market analysis, local priorities, the first year AAP covering October 1, 2023, through September 30, 2024. The ConPlan community outreach included a public meeting in each of the five City Council districts, 12 stakeholder sessions with local groups and a community-wide survey with 200 which received 200 responses. The priority needs for the next five years identified through the community outreach are (in no particular order): Increase and Maintain Affordable Housing for Low Income Households through: Housing Repair and Rehabilitation Homebuyer Program and Builder Program New Construction Rental Housing (New Construction and Rehabilitation) Public Facilities/Infrastructure Improvements including: Improvements to Youth Centers Improvements to Neighborhood Facilities Park and Recreation Improvements Accessibility Improvements Curbs/Sidewalks/Street Improvements Addressing Homelessness/At-Risk of Homelessness for Households below 30% AMI Public Services/Programs Related to Healthy Outcomes for low-moderate income (LMI) households and senior services Public Services Related to LMI Households for Job Training and Employment Enhancement Programs Public Services Related to LMI Households for Code Enforcement Program Administration The AAP is the required annual update to the ConPlan that describes how the City will expend the annual allocations from HUD to meet priority needs. The AAP covering October 1, 2023, through September 30, 2024 is the first AAP in this five year period and will be included in the ConPlan for submission to HUD. For FY 2023-2024, the CDBG allocation is $2,663,378. Additional funding in the amount of $452,235 is being reprogrammed from previously funded CDBG projects that have not expended the full amount. Also, program income of$392,364 is available to augment funding levels for the CDBG program allocations for a total funding level of$3,507,977 for affordable housing and community development activities. The ESG program has $235,549 for FY 2023-2024. The intent of the ESG Program is to provide funding to providers of Homeless services to support the efforts of Emergency Shelter, Homeless Prevention and Rapid Re-Housing activities. The HOME program will have an allocation amount of $1,352,610 from entitlement funds, with an additional $308,520 generated from program income for a total funding amount of $1,661,130 for affordable housing activities for the FY2023-2024 budget year. Pursuant to the citizen participation requirements HUD, the City will submit an amended CPP as it relates to the annual entitlement funds. The CPP presents the City's plan for providing for and encouraging all citizens to participate in the development, revision, amendment, adoption, and implementation of funds allocated by HUD. The CPP governs the amount of time documents must be displayed for public comment and the public meetings that will be held. ALTERNATIVES: Alternatives include not adopting the ConPlan, AAP, or CPP or changing the recommendations made in the HUD Award Matrix. FISCAL IMPACT: The City is expected to receive $5,404,656 in federal funding for affordable housing, community development and homelessness. These programs operate on a reimbursement basis. Funding Detail (See attached HUD Award Matrix): CDBG and ESG Fund: 1059 Organization/Activity: Various Mission Element: 132 Project # (CIP Only): N/A Account: Various HOME Fund: 9045 Organization/Activity: Various Mission Element: 132 Project # (CIP Only): N/A Account: Various RECOMMENDATION: Staff is recommending the approval of the ConPlan, AAP and CPP. LIST OF SUPPORTING DOCUMENTS: Ordinance HUD Award Matrix 5-year Consolidated Plan including FY24 Annual Action Plan Citizen Participation Plan Presentation Ordinance adopting the City of Corpus Christi (City) Fiscal Year 2024-2028 and U.S. Department of Housing and Urban Development (HUD) Program Year 2023-2027 Five Year Consolidated Plan (ConPlan); adopting the City Fiscal Year 2024 and HUD Program Year 2023 Annual Action Plan (AAP) for the Community Development Block Grant (CDBG) budget in the amount of $3,507,977, the Emergency Solutions Grant (ESG) budget in the amount of $235,549, and the HOME Investment Partnerships Program (HOME) budget in the amount of $1,661,130 for a total of $5,404,656 annual HUD funding; amending the Citizen Participation Plan (CPP); authorizing the execution of all necessary documents to submit the ConPlan, AAP and CPP; authorizing a staff complement of 13 positions; accepting and appropriating funding for the approved AAP projects and authorizing the execution of funding agreements, amendments and other documents necessary to implement the FY 2024-2028 PY 2023-2027 ConPlan and FY 2024 PY 2023 AAP. Whereas, the City has exceeded HUD regulations by conducting eight public meetings during the development of the ConPlan, AAP and CPP, the public meetings were held on March 20, 2023, March 21 , 2023, March 22, 2023, March 23, 2023, March 27, 2023, April 5, 2023, April 6, 2023, and July 25, 2023. All meetings were held at City Hall and at other locations across the City during which all interested persons were allowed to appear and be heard; Whereas, the Planning and Community Development Department sought input from local stakeholders and the general public to determine the community needs for HUD funding in the coming years through survey and through stakeholder meetings with local groups; Whereas, the City Council has determined that enacting this Ordinance, which adopts the Five Year ConPlan, AAP, and CPP for the City would best serve public health, necessity, convenience and the general welfare of the City of Corpus Christi and its citizens. Now therefore, be it ordained by the City Council of the City of Corpus Christi, Texas: Section 1. That the FY2024-2028/PY2023-2027 ConPlan which was presented to the City Council along with this Ordinance is hereby adopted. Section 2. That the FY2024-PY2023 AAP which was presented to City Council along with this Ordinance is hereby adopted. Section 3. That the CPP which was presented to City Council along with this Ordinance is hereby amended. Section 4. That a staff complement of 13 positions is authorized to carry out the activities in the ConPlan, AAP, and CPP. Section 5. That the City Manager or his designee is authorized: @BCL@1C282256 • to submit the City's FY2024-2028 ConPlan to HUD, and • to submit the City's FY2024-2025 AAP to HUD, and • to submit the City's CPP to HUD. Section 6. That the City Manager or his designee is authorized: • to execute all documents necessary to accept and appropriate upon receipt the funding from HUD into the Grant Fund No. 1059 and Grant Fund No. 9045 for the FY2024/PY2023 AAP. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Dan Suckley Michael Hunter Jim Klein Everett Roy Sylvia Campos Gil Hernandez Mike Pusley Roland Barrera That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Dan Suckley Michael Hunter Jim Klein Everett Roy Sylvia Campos Gil Hernandez Mike Pusley Roland Barrera PASSED AND APPROVED on this day of , 2023. ATTEST: @BCL@1C282256 Rebecca Huerta Paulette Guajardo City Secretary Mayor @ BCL@ 1C282256 June 2023 Adopted: CityCorpusof Christi, TX AMENDED CITIZEN PARTICIPATION PLAN PUBLIC DISPLAY AND COMMENT VERSION AMENDED CITIZEN PARTICIPATION PLAN RELATING TO THE ADMINISTRATION OF THE COMMUNITY PLANNING & DEVELOPMENT PROGRAMS OF THE U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD) Public Comment Period from June 20, 2023 to July 20, 2023 Table of Contents Contents A. Introduction ...................................................................................................................................................... 5 1. Purpose .....................................................................................................................................................5 2. Lead Agency and Contact Person.............................................................................................................. 5 3. Effective Date............................................................................................................................................ 5 B. Encouragement of Citizen Participation ...........................................................................................................5 1. General...................................................................................................................................................... 5 2. Non-English Speakers................................................................................................................................ 6 3. Persons with Disabilities............................................................................................................................ 6 4. Low-and Moderate-Income Persons........................................................................................................ 6 5. Organizations and Agencies...................................................................................................................... 6 6. Local Public Housing Authority .................................................................................................................6 7. Public Notices............................................................................................................................................ 6 8. Public Meetings.........................................................................................................................................7 9. Technical Assistance..................................................................................................................................7 10. Online Access ........................................................................................................................................ 7 11. Other Engagement Techniques.............................................................................................................7 12. City Contact Person...............................................................................................................................7 C. The Citizen Participation Plan ...........................................................................................................................7 1. Citizen Participation Plan Development.................................................................................................... 7 a. Public Review of the Draft CPP .............................................................................................................7 b. Comments Received on Draft Amended CPP........................................................................................8 C. Public Meeting ......................................................................................................................................8 d. City Council Action ................................................................................................................................8 e. Submission to HUD................................................................................................................................8 2. Amendments to the Approved Citizen Participation Plan........................................................................8 a. Amendment Considerations .................................................................................................................8 b. Draft Amended CPP Review..................................................................................................................8 C. Comments Received on Draft Amended CPP........................................................................................8 d. Public Meeting ......................................................................................................................................9 e. City Council Action ................................................................................................................................9 f. Submission to HUD................................................................................................................................9 g. Plan Access............................................................................................................................................9 Citizen Participation Plan 2 h. In the Event of an Emergency...............................................................................................................9 D.The Consolidated Plan (ConPlan)......................................................................................................................9 1. ConPlan Development...............................................................................................................................9 a. ConPlan Stakeholder Consultation and Citizen Outreach.....................................................................9 b. ConPlan Public Meetings..................................................................................................................... 10 C. ConPlan Potential Displacement of Persons....................................................................................... 10 d. ConPlan Public Display and Comment Period..................................................................................... 11 e. Draft ConPlan Comments Received .................................................................................................... 11 f. City Council Action on ConPlan........................................................................................................... 11 g. Submission to HUD.............................................................................................................................. 11 2. Revisions to the ConPlan......................................................................................................................... 11 a. Revision Considerations...................................................................................................................... 11 b. ConPlan Public Display and Comment Period..................................................................................... 12 C. Public Meeting .................................................................................................................................... 12 d. Comments Received on the Draft Revised Consolidated Plan............................................................ 12 e. City Council Action .............................................................................................................................. 12 f. Submission to HUD.............................................................................................................................. 13 3. In the Event of a Disaster or Emergency................................................................................................. 13 a. Public Review ...................................................................................................................................... 13 b. Plan Access.......................................................................................................................................... 13 E. The Annual Action Plan (AAP) ......................................................................................................................... 13 1. Plan Development................................................................................................................................... 13 a. Public Meetings................................................................................................................................... 14 b. Public Display and Comment Period................................................................................................... 14 C. Comments Received on the Draft Annual Action Plan........................................................................ 14 d. City Council Action .............................................................................................................................. 14 e. Submission to HUD.............................................................................................................................. 15 2. Revisions to the AAP ............................................................................................................................... 15 a. Revision Considerations...................................................................................................................... 15 b. Public Display and Comment Period................................................................................................... 15 C. Public Meeting .................................................................................................................................... 16 d. Comments Received on the Draft Revised AAP.................................................................................. 16 e. City Council Action .............................................................................................................................. 16 f. Submission to HUD.............................................................................................................................. 16 3. In the Event of a Disaster or Emergency................................................................................................. 16 Citizen Participation Plan 3 a. Plan Access.......................................................................................................................................... 16 F. Consolidated Annual Performance and Evaluation Report(CAPER)............................................................... 17 1. Report Development............................................................................................................................... 17 a. Report Considerations......................................................................................................................... 17 b. Public Display and Comment Period................................................................................................... 17 C. Comments Received on the Draft CAPER............................................................................................ 17 d. Submission to HUD.............................................................................................................................. 17 e. Plan Access.......................................................................................................................................... 17 G. Section 108 Loan Guarantee Program............................................................................................................ 18 a. Development of Section 108 Loan Guarantee Application................................................................. 18 b. Public Display and Comment Period................................................................................................... 18 C. Comments Received on the Proposed Section 108 Application......................................................... 18 d. Submission to HUD.............................................................................................................................. 18 2. Complaints............................................................................................................................................... 18 Citizen Participation Plan 4 CITIZEN PARTICIPATION PLAN A. Introduction 1. Purpose Pursuant to the citizen participation requirements of 24 CFR Section 91.105 and 24 CFR Part 5, the City of Corpus Christi, TX (referred to as the "City") sets forth the following amended Citizen Participation Plan (the "Plan")as it relates to the administration of the Community Planning and Development(CPD) programs funded by the U.S. Department of Housing and Urban Development (HUD). The Plan presents the City's plan for providing for and encouraging all citizens to participate in the development, revision, amendment, adoption, and implementation of the following plans and programs: • The Citizen Participation Plan (CPP) • The Consolidated Plan (ConPlan) • The Annual Action Plan (AAP) • Analysis of Impediments to Fair Housing Choice (AI) • The Consolidated Annual Performance and Evaluation Report (CAPER) • The Section 108 Loan Guarantee Program (Section 108) 2. Lead Agency and Contact Person The Planning and Community Development Department of the City is the lead agency responsible for the administration of the Community Development Block Grant (CDBG) Program, HOME Investment Partnerships Program (HOME) and Emergency Solution Grant Program (ESG). All communication regarding the documents covered by this Plan, comments, complaints, reasonable accommodation for disabled persons, translation services, or other elements shall be directed to: Director of Planning and Community Development Planning and Community Development Department City of Corpus Christi 1201 Leopard Street, Corpus Christi, TX 78401 Phone: 316.826.3010 3. Effective Date Subsequent to approval of the CPP by City Council and HUD, this Plan shall be effective until it is amended or otherwise replaced. B. Encouragement of Citizen Participation 1. General The City provides for and encourages citizens to participate in the development, revision, amendment, adoption and implementation of the CPP, the ConPlan, the AAP, the Al, the CAPER, Section 108. The City encourages participation by low- and moderate-income persons, particularly those living in areas designated as revitalization areas or in slum and blighted areas and in areas where HUD funds are proposed to be used, and by residents of predominantly low- and moderate- income neighborhoods. With respect to the public participation initiatives included in this Plan, the City will take appropriate Citizen Participation Plan 5 actions to encourage the participation of all of its citizens, including minorities, non-English speaking persons, and persons with disabilities, as described below. 2. Non-English Speakers The City has determined that, based on 2021 American Community Survey data, 4.0% percent of residents speak English less than very well. Upon request, materials may be provided in Spanish language. 3. Persons with Disabilities To encourage the participation of persons with disabilities, the City will include the following language in all public meeting notices published in the Caller Times: If you need accommodations for physical mobility, sensory impairment or language needs to participate in the meeting, please contact the Planning and Community Development Department at(316) 826-3010. Notification 48 hours prior to the meeting will enable the Planning and Community Development Department to make reasonable arrangements to ensure accessibility to the meeting. The City will conduct all public meetings in locations that are handicapped-accessible, when available. 4. Low- and Moderate-Income Persons The City will conduct at least one public meeting in a neighborhood that contains at least 51% low- and moderate-income residents, based on current HUD data, during the development of the ConPlan and the AAP. 5. Organizations and Agencies The City encourages the participation of local and regional institutions, the Continuum of Care, businesses, developers, nonprofit organizations, philanthropic organizations, and community-based and faith-based organizations in the process of developing, revising, amending, adopting and implementing all documents covered by the CPP.This will be achieved through stakeholder interviews,focus groups and/or public meetings. 6. Local Public Housing Authority The City, in consultation with the Corpus Christi Housing Authority (CCHA), encourages the participation of residents of any public housing developments located within the City in the process of developing, revising, amending, adopting and implementing the documents covered by this Plan. The City will provide information to the Executive Director of CCHA about the ConPlan and subsequent AAP activities related to the public housing developments and communities so that CCHA can make this information available at the annual public meetings required for its Public Housing Authority Agency Plan. 7. Public Notices Public review/comment periods and public meetings held in the process of developing, revising, amending, adopting and implementing the documents covered by the CPP shall be advertised in the Caller Times no less than 10 days prior to when the public meeting is held. Citizen Participation Plan 6 8. Public Meetings All public meetings will be scheduled at times and locations, either in-person and or virtually, that are convenient for potential and actual program beneficiaries, and with accommodation for persons with disabilities and non-English speakers in accordance with the CPP. 9. Technical Assistance The City's Planning and Community Development Department staff are available to assist organizations and other eligible individuals that are interested in submitting a proposal to obtain funding through the CDBG, HOME or ESG programs. All potential applicants are strongly encouraged to contact the Planning and Community Development Department for technical assistance before initiating a funding request application. The Planning and Community Development Department contact information can be obtained at: https://www.cctexas.com/gmd. 10.Online Access The City will post draft copies and final copies of all documents covered by the CPP on its website: https://www.cctexas.com/gmd. 11.0ther Engagement Techniques The City's Planning and Community Development Department may, as needed, hold virtual ConPlan and AAP community and stakeholder engagement meetings and or events in order to potentially engage those residents who might not be able to attend such meetings in-person. The CPP may be amended as the City continues to gain access to technology that improves the avenues of participation by its residents. 12.City Contact Person All communication regarding the CPP, ConPlan, AAP, Al, CAPER, project environmental reviews, or public comments or complaints, reasonable accommodation for disabled persons, translation services, or other elements of HUD entitlement programs and activities shall be directed to: the Grant Monitoring Program Manager, City of Corpus Christi 1201 Leopard Street, Corpus Christi, TX 78401. C. The Citizen Participation Plan 1. Citizen Participation Plan Development The City's public review procedure when developing its Citizen Participation Plan (CPP) is as follows: a. Public Review of the Draft CPP The draft CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan. Copies of the draft CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: haps://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi, TX 78401 Citizen Participation Plan 7 b. Comments Received on Draft Amended CPP Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 15-day public review period. c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan. d. City Council Action Following the public meeting, the Plan will be presented to City Council for consideration and formal action. e. Submission to HUD A copy of the CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. 2. Amendments to the Approved Citizen Participation Plan The City shall follow the following procedure to amend its approved (CPP), as needed. a. Amendment Considerations The City will amend the CPP, as necessary, to ensure adequate engagement and involvement of the public in making decisions related to its federal funding programs. Substantial amendments to the CPP may be required should a provision of the CPP be found by the City to conflict with HUD regulations, or when changes in HUD regulations occur, or based on current HUD guidance. Edits to the CPP that only include updated contact information or editorial changes for clarity will not be released for public review and comment. b. Draft Amended CPP Review The draft amended CPP will be made available for public review for a 15-day period prior to City Council consideration and adoption and may be done concurrently with the public review and comment process for the ConPlan or a AAP. Copies of the draft and final Amended CPP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi, TX 78401 c. Comments Received on Draft Amended CPP Written comments will be accepted by the Director of Community Development Department, or a designee, during the 15-day public review period. Citizen Participation Plan 8 d. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended CPP prior to its approval and submittal to HUD. This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan or a AAP. e. City Council Action Following the public meeting, the CPP will be presented to City Council for consideration and formal action. f. Submission to HUD A copy of the Amended CPP, including a summary of all written comments and those received during the public meeting as well as the City's responses and proof of compliance with the minimum 15-day public review and comment period requirement, will be submitted to HUD. A summary of any comments or views not accepted and the reasons therefore shall be supplied to HUD as well. g. Plan Access The approved CPP and any amendments will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: haps://www.cctexas.com/gmd. Hard copies can be made available to those requesting the CPP by contacting the City's Director of Planning and Community Development, or a designee. h. In the Event of an Emergency In the event of a local, state or federally declared disaster or emergency or pandemic where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to forgo the public meeting for amendments to its CPP. The length of public comment for amendments to the CPP shall be no less than five(5)days. Draft documents for public comment and review will be made available on the City's website at: https://www.cctexas.com/gmd. Copies of the draft documents will be mailed or e-mailed upon request, if possible. D. The Consolidated Plan (ConPlan) 1. ConPlan Development The City will follow the process and procedures described below in the development of its ConPlan. a. ConPlan Stakeholder Consultation and Citizen Outreach In the development of the ConPlan, the City will consult with other public and private agencies including, but not limited to, the following: • The Corpus Christi Housing Authority • Other assisted housing providers • Social service providers including those focusing on services to minorities, people with low-and moderate household income, families with children, the elderly, persons with disabilities, persons with HIV/AIDS and their families, homeless persons, and other protected classes • Continuum(s) of Care that serve(s)the jurisdiction • Community-based and regionally based organizations that represent protected class members Citizen Participation Plan 9 and organizations that enforce fair housing laws • Regional government agencies involved in metropolitan-wide planning and transportation responsibilities • Business and civic leaders • Broadband internet service providers and organizations engaged in narrowing the digital divide • Agencies whose primary responsibilities include the management of flood prone areas, public land or water resources • Emergency management agencies. When preparing the portion of the ConPlan concerning lead-based paint hazards,the City shall consult with local or state health and child welfare agencies and examine existing data related to lead-based paint hazards and poisonings, including health department data on the addresses of housing units in which children have been identified as lead-poisoned. When preparing the description of priority non-housing community development needs, the City will notify adjacent units of local government, to the extent practicable. This shall involve, at a minimum, the City sending a letter to the chief elected official of each adjacent unit of government notifying them of the draft ConPlan and how to access a copy online for review and comment. A variety of mechanisms may be utilized to solicit input from these persons/service providers /agencies/entities.These include written letters,telephone or in-person interviews, surveys, internet- based feedback and surveys, focus groups, and/or consultation workshops. b. ConPlan Public Meetings The City will conduct at least two public meetings in the development of the ConPlan. The first public meeting will be conducted before the draft ConPlan is published for public comment, during which the City will address housing and community development needs, development of proposed activities,the amount of assistance the City expects to receive(including grant funds and program income),the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs and proposed eligible activities. The City shall provide meeting notices to local nonprofit agencies, subrecipients, CCHA, and other interested groups and residents (see Section D.1.a above). c. ConPlan Potential Displacement of Persons Although the City does not anticipate any residential displacement to occur in the foreseeable future, it is required to describe its plans to minimize the displacement of persons and to assist any persons displaced. When displacement is unavoidable on a temporary or permanent basis,the City will comply with the federal Uniform Relocation Act. Should displacement of residents be necessary as a result of the use of funds covered by this CPP, the City shall compensate residents who are actually displaced in accordance with HUD Handbook No. 1378, Tenant Assistance, Relocation and Real Property Acquisition. Citizen Participation Plan 10 This resource is accessible online at: https://www.hud.gov/program off ices/ad ministration/hudclips/handboo ks/cpd/13780 d. ConPlan Public Display and Comment Period The draft ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment.The public notice shall include a brief summary and purpose of the ConPlan;the anticipated amounts of funding (including program income, if any); proposed activities likely to result in displacement, if any; plans for minimizing the displacement of persons as a result of CDBG activities, if any; plans to assist persons actually displaced by the project, if any; the dates of the public display and comment period;the locations where copies of the draft ConPlan can be examined; how comments will be accepted;when the document will be considered for action by City Council;and,the anticipated submission date to HUD. Copies of the draft ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi TX 78401 e. Draft ConPlan Comments Received Written comments will be accepted bythe Director of the City's Planning and Community Development Department,or a designee,during the 30-day public display and comment period.The City will consider any comments or views of City residents received in writing,or orally at the public meeting, in preparing the final ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final ConPlan for submission to HUD. f. City Council Action on ConPlan Following the public meeting, the ConPlan will be presented to City Council for consideration and formal action. g. Submission to HUD The ConPlan will be submitted to HUD no less than 45 days before the start of the City's five-year program cycle. 2. Revisions to the ConPlan The City shall follow the following procedure to revise its ConPlan, as needed. a. Revision Considerations There are two types of amendments that may occur with the ConPlan: minor amendments and substantial amendments. 1) Minor Amendment • When funds are added to an approved eligible activity that do not exceed $25,000 • When the scope of an approved eligible activity has changed, however the service area, site, accomplishments and or beneficiaries does not change. 2) Substantial Amendment: Citizen Participation Plan 11 An amendment to the approved ConPlan is considered substantial under the following circumstances: • When a new eligible activity is added • When an approved activity is deleted • When there is a change in the priorities identified in the ConPlan • When funds are added to an approved eligible activity that exceed $500,000 in CDBG and/or HOME program or$100,000 of the ESG programs All other changes that do not meet the criteria defined above will be considered minor amendments and can be reviewed and approved by the Director, Planning and Community Development Department and will not be subject to public comments and or a public comment period. These changes will be fully documented and signed-off by the Director, Planning and Community Development Department. The City may choose to submit a copy of each amendment to the ConPlan to HUD as it occurs,or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director, Planning and Community Development Department. b. ConPlan Public Display and Comment Period The draft revised ConPlan will be placed on display for a period of no less than 30 days to encourage public review and comment.The public notice shall include a brief summary of the revisions,the dates of the public display and comment period,the locations where copies of the proposed revised ConPlan can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft revised ConPlan will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi, TX 78401 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended ConPlan prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the Consolidated Plan and the Annual Action Plan. d. Comments Received on the Draft Revised Consolidated Plan Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised ConPlan. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final Revised ConPlan for submission to HUD. e. City Council Action Following the public meeting, the revised ConPlan will be presented to City Council for consideration and formal action. Citizen Participation Plan 12 f. Submission to HUD The revised ConPlan/Amendment will be submitted to HUD following the end of the public display and comment period and adoption by City Council. 3. In the Event of a Disaster or Emergency In the event of a local, state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web-streaming with the ability to provide comment and ask questions and receive a response in a timely manner. Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website. This provision shall apply to all documents covered by this CPP. a. Public Review In the event of an emergency, the following alternatives may be instituted by the City: • The length of the public comment and display period for the ConPlan or AAP and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: https://www.cctexas.com/gmd.Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. b. Plan Access The revised ConPlan will be kept on file at the Department of Planning and Community Development, City of Corpus Christi website: https://www.cctexas.com/gmd Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. E. The Annual Action Plan (AAP) The Annual Action Plan (AAP) is a component of the ConPlan, and it describes the City's proposed use of available federal and other resources to address the priority needs and specific objectives in the ConPlan for each program year; the City's method for distributing funds to local non-profit organizations; and, the geographic areas of the City to which it will direct assistance. 1. Plan Development The City will follow the process and procedures described below in the development of its AAP. Citizen Participation Plan 13 a. Public Meetings The City will conduct at least two public meetings during the development of the AAP. The first public meeting will be conducted before the AAP draft is published for public comment. During the first public meeting, the City will address housing and community development needs, development of proposed activities, the amount of assistance the City expects to receive (including grant funds and program income), the range of activities that may be undertaken, including the estimated amount that will benefit low- and moderate-income residents, and a review of program performance. The second public meeting will be conducted during or after the 30-day public comment period during which the City will address identified housing and community development needs, proposed eligible activities, and proposed strategies and actions for affirmatively furthering fair housing, consistent with the Analysis of Impediments to Fair Housing. Both public meetings conducted for the Year 1 AAP may be conducted concurrently with the required public meetings for the five-year ConPlan. b. Public Display and Comment Period The draft AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the AAP, the anticipated amounts of funding (including program income, if any), the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche, Corpus Christi TX 78401 c. Comments Received on the Draft Annual Action Plan Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing or orally at the public meetings in preparing the final AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final AAP for submission to HUD. d. City Council Action Following the public meeting, the AAP will be presented to City Council for consideration and formal action. Citizen Participation Plan 14 e. Submission to HUD The AAP will be submitted to HUD no less than 45 days before the start of the City's annual program year. 2. Revisions to the AAP The City shall follow the following procedure to revise its AAP, as needed. a. Revision Considerations There are two types of amendments that may occur with the AAP: minor amendments and substantial amendments.An amendment to the approved AAP is considered substantial under the following circumstances: • When an eligible activity is added or deleted • When a change occurs in the purpose, location, or beneficiaries of an activity previously approved • When a 50 percent change in federal funding occurs where the project is $25,000 or less • When a 25 percent change in federal funding occurs where the project is more than $25,000. All other changes to funding allocations or approved eligible activities that do not meet the criteria defined above will be considered minor amendments, will be reviewed and approved by the City's Director of Planning and Community Development Department and will not be subject to public comments. These changes will be fully documented and signed by the Director of Planning and Community Development. The City may choose to submit a copy of each substantial amendment to the AAP to HUD as it occurs, or at the end of the program year. Letters transmitting copies of amendments will be signed by the Director of Planning and Community Development. b. Public Display and Comment Period The draft Revised AAP will be placed on display for a period of no less than 30 days to encourage public review and comment. The public notice shall include a brief summary of the revisions, the dates of the public display and comment period, the locations where copies of the draft AAP can be examined, how comments will be accepted, when the document will be considered for action by City Council, and the anticipated submission date to HUD. Copies of the draft Revised AAP will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi TX 78401 Citizen Participation Plan 15 c. Public Meeting The City will conduct a public meeting to review and accept public comments on the draft Amended Plan prior to its approval and submittal to HUD.This public meeting may be held concurrently with the public meeting held in conjunction with the ConPlan. d. Comments Received on the Draft Revised AAP Written comments will be accepted by the City Contact Person, or a designee,during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing, or orally at public meetings, in preparing the final Revised AAP. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final Revised AAP for submission to HUD. e. City Council Action Following the public meeting, the Revised AAP will be presented to City Council for consideration and formal action. f. Submission to HUD The Revised AAP will be submitted to HUD following the end of the public display and comment period. 3. In the Event of a Disaster or Emergency In the event of a local, state or federally declared disaster or emergency where public places may be closed to the public or in-person participation may not be feasible or large gatherings may be considered a public health risk, the City may opt to conduct public meetings and meetings virtually via conference call or live web- streaming with the ability to ask questions and provide comment in real time where public comment is required to be heard.Accommodations will be made for persons with disabilities and non-English speaking persons upon request. Documents for public review will be shared via the City's website. This provision shall apply to all documents covered by this Plan. • The length of the public comment and display period for the Consolidated Plan or Annual Action Plan and Substantial Amendments shall be no less than five (5) days. • Draft documents for public comment and review will be made available on the City's website at: https://www.cctexas.com/gmd • Copies of the draft documents will be mailed or e-mailed upon request, if possible. • Public meetings may be held as virtual meetings using local cable access television or other online platforms for public viewing with the option to provide comment and questions ahead of time or during the meeting, and responses will be provided in a timely manner. • The City may opt to hold one public meeting during the ConPlan/AAP process and its second required public meeting during the CAPER process for the same program year. a. Plan Access The Revised AAP will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department.The Plan can be accessed online at: https://www.cctexas.com/gmd. Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. Citizen Participation Plan 16 F. Consolidated Annual Performance and Evaluation Report (CAPER) 1. Report Development The City shall follow the following procedure in the drafting and adoption of its Consolidated Annual Performance and Evaluation Report (CAPER). a. Report Considerations The Planning and Community Development Department will evaluate and report the accomplishments and expenditures of the previous program year for CDBG, HOME, and ESG funds and draft the CAPER in accordance with HUD requirements. b. Public Display and Comment Period The draft CAPER will be placed on display for a period of no less than 15 days to encourage public review and comment. Public notice of the display and comment period will be published in the Caller Times no less than 10 days before the comment period begins with accommodation for persons with disabilities and non-English Spanish speakers in accordance with this CPP. The public notice shall include a brief summary and purpose of the CAPER, a summary of program expenditures, a summary of program performance, the dates of the public display and comment period, the locations where copies of the draft CAPER can be examined, how comments will be accepted, and the anticipated submission date to HUD. Copies of the draft CAPER will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmd • La Retama Library, 805 Comanche Street, Corpus Christi TX 78401 c. Comments Received on the Draft CAPER Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 15-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final CAPER. A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final CAPER for submission to HUD. d. Submission to HUD The CAPER will be submitted to HUD within 90 days following the last day of the City's annual program year. e. Plan Access The CAPER will be kept on file in the City of Corpus Christi, 1201 Leopard Street, Corpus Christi, TX 78401, attention: Planning and Community Development Department. The Plan can be accessed online at: https://www.cctexas.com/gmd. Citizen Participation Plan 17 Hard copies can be made available to those requesting the Plan by contacting the City's Director of Planning and Community Development, or a designee. G. Section 108 Loan Guarantee Program a. Development of Section 108 Loan Guarantee Application Applications for assistance filed by the City for Section 108 Loan Guarantee assistance authorized under HUD regulation 24 CFR Part 570, Subpart M, are subject to all provisions set forth within this Plan. Such applications for Section 108 assistance may be included as part of the Consolidated Planning process or may be undertaken separately anytime during the City's program year. Before the City submits an application for Section 108 loan guarantee assistance, the City will make available to citizens, public agencies and other interested parties information that includes the amount of assistance the City expects to be made available (including program income), the range of activities that may be undertaken,the estimated amount that will benefit persons of low-and moderate-income,and any activities likely to result in displacement. b. Public Display and Comment Period The City will publish its proposed Section 108 loan application for review and comment. The public notice shall include a summary describing the contents and purpose of the application and listing the locations where the entire application may be examined. An application for Section 108 Loan Guarantee funding shall be made available for public review for a 30-day period prior to consideration and submission to HUD and may be done concurrently with the public review and comment process for the Consolidated Plan. Copies of the proposed Section 108 loan application will be made available for review at the following locations: • The City's Planning and Community Development Department, 1201 Leopard Street, Corpus Christi, TX 78401. • The City's website at: https://www.cctexas.com/gmdLa Retama Library, 805 Comanche Street, Corpus Christi TX 78401 c. Comments Received on the Proposed Section 108 Application Written comments will be accepted by the City's Director of Planning and Community Development, or a designee, during the 30-day public display and comment period. The City will consider any comments or views of City residents received in writing in preparing the final application.A summary of these comments or views, and a summary of any comments or views not accepted and the reasons why, will be attached to the final application for submission to HUD. d. Submission to HUD The Section 108 Loan Application will be submitted to HUD. 2. Complaints Citizen Participation Plan 18 Residents may register complaints regarding any aspect of the CDBG, HOME and ESG programs by contacting the City's Director of Planning and Community Development,or a designee.All written complaints received will be addressed in writing within 15 days. Residents wishing to object to HUD approval of the final ConPlan, AAP or any other documents identified in this CPP may send written objections to the HUD Field Office at: U.S. Dept of Housing & Urban Development San Antonio Field Office Hipolito Garcia Federal Building 615 East Houston Street, Suite 347 San Antonio,TX 78205-2001 Any written objections should be made within 30 days after the City has submitted any of the documents covered by this CPP to HUD. Any objections made will only be submitted to HUD for the following reasons: The applicant's description of needs and objectives is plainly inconsistent with available facts and data. The activities to be undertaken are plainly inappropriate to meeting the needs and objectives identified by the applicant. The application does not comply with the requirements of the CDBG, HOME or ESG programs or other applicable laws. The application's proposed activities which are otherwise ineligible under the program regulations. Objections shall include both an identification of requirements not met and available facts and data. Citizen Participation Plan 19 CityCorpusof Christi , Texas 2023 - 2027 Five Year Consolidated Plan and FY 2023 Annual Action Plan Submitted to HUD : Housing and Community Department 1201 Leopard Street, Corpus Christi, Texas 78401 P.ME N T O,c EOUAL HOUSING 9 Q OPPORTUNfTY eqN DEV, Table of Contents Tableof Contents...............................................................................................................................2 ExecutiveSummary.......................................................................................................................................5 ES-05 Executive Summary- 24 CFR 91.200(c), 91.220(b).........................................................................5 TheProcess.................................................................................................................................................11 PR-05 Lead & Responsible Agencies 24 CFR 91.200(b)...........................................................................11 PR-10 Consultation—91.100, 91.110, 91.200(b), 91.300(b), 91.215(1) and 91.315(1)............................12 PR-15 Citizen Participation—91.105, 91.115, 91.200(c) and 91.300(c) .................................................22 NeedsAssessment......................................................................................................................................24 NA-05 Overview......................................................................................................................................24 NA-10 Housing Needs Assessment- 24 CFR 91.205 (a,b,c)....................................................................28 NA-15 Disproportionately Greater Need: Housing Problems—91.205 (b)(2)........................................36 NA-20 Disproportionately Greater Need: Severe Housing Problems—91.205 (b)(2)............................39 NA-25 Disproportionately Greater Need: Housing Cost Burdens—91.205 (b)(2)..................................42 NA-30 Disproportionately Greater Need: Discussion—91.205(b)(2).....................................................44 NA-35 Public Housing—91.205(b)..........................................................................................................46 NA-40 Homeless Needs Assessment—91.205(c)....................................................................................48 HousingMarket Analysis.............................................................................................................................54 MA-05 Overview.....................................................................................................................................54 MA-15 Housing Market Analysis: Cost of Housing- 91.210(a)...............................................................59 MA-20 Housing Market Analysis: Condition of Housing—91.210(a)......................................................62 MA-25 Public and Assisted Housing—91.210(b)....................................................................................65 MA-30 Homeless Facilities and Services-91.210(c)..............................................................................66 MA-35 Special Needs Facilities and Services-91.210(d).......................................................................68 Consolidated Plan CORPUS CHRISTI 2 OMB Control No:2506-0117(exp.09/30/2021) MA-40 Barriers to Affordable Housing-91.210(e)................................................................................70 MA-45 Non-Housing Community Development Assets—91.215 (f) ......................................................71 MA-50 Needs and Market Analysis Discussion.......................................................................................78 MA-65 Hazard Mitigation -91.210(a)(5), 91.310(a)(3)...........................................................................86 StrategicPlan ..............................................................................................................................................87 SP-05 Overview.......................................................................................................................................87 SP-10 Geographic Priorities- 91.415, 91.215(a)(1) ................................................................................89 SP-25 Priority Needs -91.415, 91.215(a)(2) ...........................................................................................91 SP-30 Influence of Market Conditions-91.215 (b)................................................................................93 SP-45 Goals Summary-91.215(a)(4) .....................................................................................................98 P-50 Public Housing Accessibility and Involvement -91.415, 91.215(c) ..............................................102 SP-55 Barriers to affordable housing-91.215(h).................................................................................103 SP-60 Homelessness Strategy—91.215(d)............................................................................................104 SP-65 Lead based paint Hazards-91.215(i).........................................................................................106 SP-70 Anti-Poverty Strategy—91.215(j) ...............................................................................................107 SP-80 Monitoring—91.230...................................................................................................................109 AnnualPlan ...........................................................................................................................................111 ExpectedResources..................................................................................................................................111 AP-15 Expected Resources—91.220(c)(1,2).........................................................................................111 Annual Goals and Objectives....................................................................................................................115 AP-20 Annual Goals and Objectives ....................................................................................................115 AP-35 Projects—91.220(d) ...................................................................................................................118 AP-38 Project Summary........................................................................................................................119 AP-50 Geographic Distribution—91.220(f)...........................................................................................129 AffordableHousing...................................................................................................................................130 AP-55 Affordable Housing-91.220(g) .................................................................................................130 AP-60 Public Housing-91.220(h).........................................................................................................131 Consolidated Plan CORPUS CHRISTI 3 OMB Control No:2506-0117(exp.09/30/2021) AP-65 Homeless and Other Special Needs Activities—91.220(i)..........................................................132 AP-75 Barriers to affordable housing—91.220(j).................................................................................135 AP-85 Other Actions—91.220(k) ..........................................................................................................137 AP-90 Program Specific Requirements—91.220(1)(1,2,4)...................................................................139 Appendix...................................................................................................................................................144 Citizen Participation Comments................................................................................................145 UniqueAppendices ........................................................................................................................146 SF424 and Certifications............................................................................................................147 Consolidated Plan CORPUS CHRISTI 4 OMB Control No:2506-0117(exp.09/30/2021) Executive Summary ES-05 Executive Summary - 24 CFR 91.200(c), 91.220(b) 1. Introduction The City of Corpus Christi is a federal entitlement community under the U.S. Department of Housing and Urban Development (HUD) As a HUD entitlement community, the City is required to prepare a Five-Year Consolidated Plan (ConPlan) in order to implement any federal programs that fund housing, community development and economic development within the community. The Corpus Christi ConPlan covers the period from FY 2023 through FY 2027 (October 1, 2023 through September 30, 2028). This ConPlan consolidates into a single document the planning and application requirements for the following federal programs: • Community Development Block Grant (CDBG) • HOME Investment Partnerships (HOME) • Emergency Solutions Grant (ESG) Funds are provided under the following programs: • Community Development Block Grant (CDBG): The primary objective of the CDBG Program is to develop viable urban communities by providing decent housing, a suitable living environment, and economic opportunities, principally for persons of low- and moderate-income levels. Funds can be used for a wide array of activities, including: housing rehabilitation,acquisition of existing housing or land, homeownership assistance, lead-based paint detection and removal, construction or rehabilitation of public facilities and infrastructure, removal of architectural barriers, water and efficiency improvements, abatement of hazards such as lead based paint or asbestos, public services, rehabilitation of commercial or industrial buildings, and loans or grants to businesses. • HOME Investment Partnerships (HOME): The HOME Program provides federal funds for the development and rehabilitation of affordable rental and ownership housing for low- and moderate-income households. HOME funds can be used for activities that promote affordable rental housing and homeownership by low- and moderate-income households, including new construction, reconstruction, moderate or substantial rehabilitation, homebuyer assistance, and tenant-based rental assistance. Consolidated Plan CORPUS CHRISTI 5 OMB Control No:2506-0117(exp.09/30/2021) • Emergency Solutions Grant (ESG): The ESG Program supports outreach to and shelters for homeless individuals and families. ESG also supports programs that prevent homelessness or rapidly re-house homeless persons in Corpus Christi and may be used for certain Homeless Management Information System (HMIS) database costs. The lead entity responsible for the preparation of the is the City of Corpus Christi's Housing and Community Development Department. Purpose of the Consolidated Plan The purpose of the Consolidated Plan (ConPlan) is to guide federal funding decisions in the next five years. • Assess the City's affordable housing and community development needs; • Analyze the City's housing market; • Articulate the City's priorities, goals, and strategies to address identified needs; and • Describe the actions the City will take to implement strategies for affordable housing and community development. The ConPlan is guided by three overarching goals that are applied according to a community's needs. The goals are: • To provide decent housing by preserving the affordable housing stock, increasing the availability of affordable housing, reducing discriminatory barriers, increasing the supply of supportive housing for those with special needs, and transitioning homeless persons and families into housing. • To provide a suitable living environment through safer, more livable neighborhoods, greater integration of low- and moderate- income residents throughout the City, increased housing opportunities, and reinvestment in deteriorating neighborhoods. • To expand economic opportunities through more jobs paying self-sufficient wages, homeownership opportunities, development activities that promote long-term community viability, and the empowerment of low- and moderate- income persons to achieve self-sufficiency. The City's ConPlan for FY 2023—2027 provides data on trends and conditions related to the City's current and future affordable housing and community development needs. The analysis of this data has been used to establish priorities, strategies, and actions that the City will undertake to address these needs over the next five years. Annually, the City will develop its Annual Action Plan (AAP) in which it will describe the planned investment of federal resources to implement specific activities. Consolidated Plan CORPUS CHRISTI 6 OMB Control No:2506-0117(exp.09/30/2021) The City of Corpus Christi anticipates receiving the following grant amounts in fiscal year 2023. Projections for the remaining four years of the five-year period follow in parentheses; however, these projected amounts are expected to change based on annual federal allocations. • CDBG: $2,663,378 (about $10,653,512) • HOME: $1,352,610 (about $5,410,440) • ESG: $235,549 (about $942,196) 2. Summary of the objectives and outcomes identified in the Plan Needs Assessment Overview The Strategic Plan provides a framework to address the needs of the City for the next five years using approximately $2.6 million in Community Development Block Grant (CDBG) funds, $1.3 million in HOME funds and $235,000 annually. The three overarching objectives guiding the proposed activities are: • Providing Decent Affordable Housing • Creating Suitable Living Environments • Creating Economic Opportunities Outcomes show how programs and activities benefit low- and moderate- income areas of a community or the people served. The three outcomes that will illustrate the benefits of each activity funded by the CDBG program are: • Improve Availability/Accessibility • Improve Affordability • Improve Sustainability All future activities funded in the next five years will support at least one objective and one outcome. The City's framework for realizing the objectives and outcomes include the following goals: • Increase and Maintain Affordable Housing for low-income households • Provide a Suitable Living Environment through public facilities and infrastructure improvements • Provide public services and programs related to healthy outcomes for low- and moderate-income persons and households Consolidated Plan CORPUS CHRISTI 7 OMB Control No:2506-0117(exp.09/30/2021) • Address Homelessness or at risk of homelessness 3. Evaluation of past performance The most recent CAPER (PY 2021) provided a summary of the City's performance. The City is following HUD regulations and continues to deliver housing and community development services in an effective and efficient manner. Corpus Christi's Planning & Community Development Department (CCPCD) continues to successfully administer three (3) internal housing programs including: Homebuyer Closing Cost and Down Payment Assistance Program, Minor Home Repair Grant, and Single-Family Rehabilitation Loan Program. CCPCD also carries out all monitoring and meets expenditure ratio requirements to comply with HUD regulations and program benchmarks successfully. PY2021 projects focused on owner-occupied housing rehabilitation, increasing affordable housing types through new affordable housing rental unit production; improvement to public facilities for youth and senior services; homebuyer assistance program-5; food bank services to meet influx service demand; and prevention and elimination of slum and blight. PY2021 projects also included amended projects added from the CARES Act related to COVID- 19 which are successfully providing program services to prevent, prepare and respond to Coronavirus or are under implementation. PY2021 projects included Code Enforcement activities through the CDBG program including: 1. Clearance of Vacant Properties 2. CDBG Funds continue to support code enforcement in designated low-mod block groups in the City and blight removal activities in low-income areas and eligible areas to reduce slum/blight to stabilize neighborhoods, demolition of substantial structures on a city- wide spot basis, create a safe environment for residents, and preserve the City's affordable housing stock. These programs include quality of life ordinance enforcement activities such as minimum housing code compliance; demolish unsafe, non-compliant structures; clean-up debris, weedy lots; and abandoned/junk vehicles. This initiative is part of the City's Strategic Plan to improve the quality of life in its neighborhoods for the benefit of all residents. 3. The Corpus Christi Planning and Community Development Department also provided funding to non-profit agencies focusing on improvement to public facilities for youth and senior services; Safe at Home mobility and accessibility program; Food Bank services; homelessness prevention and rapid rehousing services for homeless individuals, families and veterans, chronically homeless and at-risk populations of becoming homeless. 4. The City also amended the Corpus Christi Code of Ordinances, Part II. Council Policy, No. 9. The policy is required to outline the use of program income and set out other Consolidated Plan CORPUS CHRISTI 8 OMB Control No:2506-0117(exp.09/30/2021) requirements deemed necessary for the administration of the CDBG and HOME programs. The existing policy hindered the City's ability to respond to local conditions effectively and to help residents through outside groups. The amendment to the policy streamlined grant applications to respond to existing conditions identified through the needs assessment. 4. Summary of citizen participation process and consultation process A series of Public Hearings, Technical Assistance (TA) workshops, and neighborhood meetings for the City of Corpus Christi's Five Year ConPlan and the FY2024/PY2023 Annual Action Plan which include CDBG, ESG, and HOME Programs were conducted on April 5, 2023, and April 6, 2023. The purpose of the Public Hearings, TA workshops, and neighborhood meetings were to provide program information, receive comments concerning housing and community needs and answer questions regarding request for proposals and the overall application process. All interested persons of low- and moderate-income residing in CDBG eligible areas were invited to attend. A first reading public hearing for the FY2024/PY2023 will be held on July 25, 2023, with a final public hearing held on August 8, 2023, during the scheduled City Council meetings to receive public comment. In addition to the public hearings/meeting, the City conducted several virtual and one-on-one hearings, and calls with local stakeholders including affordable housing agencies, utility providers, social service providers, health care and mental health providers, emergency management, fire, police, transportation for regional planning efforts to assess needs and identify gaps of services. A series of in person needs assessment hearings/meetings were also held during March 20-23, 2023, and March 27, 2023. The purpose of these needs hearings/meetings was to obtain the views and comments of individuals concerning the City's housing and community development needs for the next five years. Several stakeholder sessions were also held during April 11, 2023, April 12, 2023, and April 13, 2023 with nonprofit organizations, partners in affordable housing, the local housing authority, homeless shelters/provider, social services agencies, nonprofit/for profit development organizations, advocacy groups, economic development organizations, and city Department heads. In addition to the citizen participation efforts for the ConPlan and Annual Action Plan various consultations were held throughout the year to gather community input on the HOME-ARP Plan submitted during PY 2021. City staff held calls, virtual and in-person meetings with the Texas Balance of State Continuum of Care (CoC) that covers Corpus Christi, domestic violence provider agencies, agencies that serve persons with disabilities, public housing authority leadership, homeless service provider agencies, a local worship center serving black, indigenous and persons of color, and public agencies to discuss gaps in services and their priorities for the funding. Consolidated Plan CORPUS CHRISTI 9 OMB Control No:2506-0117(exp.09/30/2021) 1. Summary of public comments Comments from the public participation outreach efforts and stakeholder sessions included addressing the increasing needs of homeless persons and those at-risk of homelessness, need for public services, the need to develop and maintain of affordable housing, public facilities/infrastructure improvements, and other related needs. See unique appendices for all comments received. 1. Summary of comments or views not accepted and the reasons for not accepting them All comments were received. 7. Summary In summary, the ConPlan and Annual Action Plan have been developed with extensive community input as noted above and reflect the needs of the City. Consolidated Plan CORPUS CHRISTI 10 OMB Control No:2506-0117(exp.09/30/2021) The Process PR-05 Lead & Responsible Agencies 24 CFR 91.200(b) 1. Describe agency/entity responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source The following are the agencies/entities responsible for preparing the Consolidated Plan and those responsible for administration of each grant program and funding source. Agency Role Name Department/Agency CDBG Administrator CORPUS CHRISTI Corpus Christi Planning & Community Development Department HOME Administrator CORPUS CHRISTI Corpus Christi Planning & Community Development Department ESG Administrator CORPUS CHRISTI Corpus Christi Planning &Community Development Department Table 1—Responsible Agencies Narrative The lead agency for the development of the Con Plan is the Corpus Christi Planning & Community Development Department. The City also consulted with a number of other agencies including the Corpus Christi Housing Authority, the City's Community Housing Development Organizations (CHDOs), and the agencies involved in the local Continuum of Care (Homeless Issues Partnership, Inc.), homeless services providers, economic development agencies and Texas Homeless Network (THN) to address homelessness. Consolidated Plan Public Contact Information Public comments on the Consolidated Plan should be sent to: Leticia Kanmore Grant Monitoring Division Manager City of Corpus Christi, Grant Monitoring Department 1201 Leopard Street Corpus Christi, TX 78401 361-826-3010 fax 361-826-3005 leticiak@cctexas.com Consolidated Plan CORPUS CHRISTI 11 OMB Control No:2506-0117(exp.09/30/2021) PR-10 Consultation —91.100, 91.110, 91.200(b), 91.300(b), 91.215(1) and 91.315(1) 1. Introduction Provide a concise summary of the jurisdiction's activities to enhance coordination between public and assisted housing providers and private and governmental health, mental health and service agencies (91.215(1)). The process for preparation of the Consolidated Plan and Annual Plan involved outreach to an extensive number of local and regional organizations involved in providing housing, economic development, and social services in Corpus Christi. Describe coordination with the Continuum of Care and efforts to address the needs of homeless persons (particularly chronically homeless individuals and families, families with children,veterans, and unaccompanied youth) and persons at risk of homelessness City staff work actively with the Homeless Issues Partnership, Inc. (HIP), the local umbrella for the development of the Continuum of Care. Staff participate in regularly scheduled meetings and point-in-time surveys. The City often brings CDBG resources to the table to supplement Continuum of Care initiatives and distributes Emergency Solutions Grant funding to the various agencies that make up the membership of the Homeless Issues Partnership. Describe consultation with the Continuum(s) of Care that serves the jurisdiction's area in determining how to allocate ESG funds, develop performance standards and evaluate outcomes, and develop funding, policies and procedures for the administration of HMIS Staff from the City of Corpus Christi participates in the Balance of State Continuum of Care which is administered by the Texas Homeless Network (THN), by working with area service providers to include City resources, to the extent possible, in the provision of service and shelter operations (via ESG funding) to homeless individuals and families in Corpus Christi. The City is an active participant in the Homeless Issues Partnership, Inc, (HIP). In addition, the City worked closely with HIP to identify eligible activities for the FY2023-2024 Annual Action Plan. Funding is based on agency needs to address homelessness.The City releases a pre-application in January each year to area non-profits and conducts technical assistance workshops in February before the application is due. The City also coordinates with the Texas Homeless Networks (THN) Balance of State staff on annual ESG allocations. The City worked closely with THN and HIP to develop and implement a Coordinated Entry System (CES) that began in April 2018. The Salvation Army has taken the lead in the effort to provide a Consolidated Plan CORPUS CHRISTI 12 OMB Control No:2506-0117(exp.09/30/2021) central point to determine the housing and social service needs of homeless persons. Homeless Issues Partnership, Inc (HIP) is managing the CES. 2. Describe Agencies, groups, organizations and others who participated in the process and describe the jurisdictions consultations with housing, social service agencies and other entities 1 Agency/Group/Organization NUECES COUNTY COMMUNITY ACTION AGENCY Agency/Group/Organization Type Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Regional organization What section of the Plan was Housing Need addressed by Consultation? Assessment Housing Market Analysis Anti-poverty Strategy How was the Agency/Group/Organization Agency was contacted through and email consulted and what are the anticipated distribution list for homeless, elderly, and outcomes of the consultation or areas for disability providers and advocates through improved coordination? HCD Administration. The organization brought several community needs to city staff members concerning the need for weatherization/minor home repairs that have been incorporated into the plan. 2 Agency/Group/Organization CORPUS CHRISTI HOUSING AUTHORITY Agency/Group/Organization Type PHA What section of the Plan was Public Housing Needs addressed by Consultation? How was the Agency/Group/Organization Consultation was done online through consulted and what are the anticipated Webex. In addition, follow-up emails were outcomes of the consultation or areas for exchanged to gather data on housing improved coordination? authority stock.The consultation provided input on CCHA housing and the ongoing partnership with the city to provide affordable housing. Consolidated Plan CORPUS CHRISTI 13 OMB Control No:2506-0117(exp.09/30/2021) 3 Agency/Group/Organization CORPUS CHRISTI METRO MINISTRIES, INC. Agency/Group/Organization Type Services-Children Services-Elderly Persons Services- homeless Services- Health Services- Education Regional What section of the Plan was Homelessness Needs Assessment addressed by Consultation? Homelessness Strategy How was the Agency/Group/Organization Consultation was done online through consulted and what are the anticipated Webex.The City coordinates with Corpus outcomes of the consultation or areas for Christi Metro Ministries via the Homeless improved coordination? Issues Partnership (HIP)to provide support to their mission to feed homeless persons and provide medical care and emergency housing. 4 Agency/Group/Organization CORPUS CHRISTI HOPE HOUSE, INC. Agency/Group/Organization Type Services-Children Services-Elderly Persons Services-Homeless What section of the Plan was addressed by Homelessness Needs Assessment Consultation? Non- Homeless Special Needs Assessment Homelessness Strategy Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted. What Webex. The anticipated outcomes include are the anticipated outcomes of the consultation better coordination and assistance to provide or areas for improved coordination? Emergency Shelter to homeless families, specifically, homeless women with children and provide assistance to keep individuals and families at-risk of homelessness housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance, as well as Case Management. Consolidated Plan CORPUS CHRISTI 14 OMB Control No:2506-0117(exp.09/30/2021) 5 Agency/Group/Organization The Salvation Army Agency/Group/Organization Type Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-homeless Services-Education Services-Employment Regional organization What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Needs Assessment Homelessness Strategy Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted.What Webex.The anticipated outcomes include are the anticipated outcomes of the consultation better coordination between the city and the or areas for improved coordination? Salvation Army. The city worked closely with Salvation Army to develop a central point (CES)to determine the housing and social service needs of homeless persons.This will be a continued area for improved coordination. 6 Agency/Group/Organization Catholic Charities of Corpus Christi, Inc. Agency/Group/Organization Type Services—Housing Services-Children Services-Elderly Persons Services-Persons with Disabilities Services-Homeless Service-Fair Housing What section of the Plan was addressed by Housing Need Assessment Consultation? Homelessness Needs Assessment Homelessness Strategy Briefly describe how the In-person interview. The anticipated outcome Agency/Group/Organization was consulted. What includes better coordination between the city are the anticipated outcomes of the consultation and Catholic Charities to provide assistance to or areas for improved coordination? homeless families and individuals. 7 Agency/Group/Organization Family Endeavors Agency/Group/Organization Type Services-Homeless Services-Education Services-Employment Consolidated Plan CORPUS CHRISTI 15 OMB Control No:2506-0117(exp.09/30/2021) What section of the Plan was addressed by Homelessness Needs Assessment Consultation? Homelessness Strategy Briefly describe how the In-person interview. The anticipated outcome Agency/Group/Organization was consulted. What includes better coordination with Family are the anticipated outcomes of the consultation Endeavors to serve additional Veterans who or areas for improved coordination? are homeless or at risk of homelessness in Corpus Christi with prevention funding to maintain housing or rapid rehousing services to regain housing stability. 8 Agency/Group/Organization Mission 911 Agency/Group/Organization Type Services-Homeless What section of the Plan was addressed by Homelessness Needs Assessment Consultation? Homelessness Strategy Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted. What Webex.This meeting was held to gain a are the anticipated outcomes of the consultation better understanding of the homeless or areas for improved coordination? population that Mission 911 and other homeless providers assist. 9 Agency/Group/Organization Corpus Christi Metropolitan Planning Organization Agency/Group/Organization Type Services—Transportation What section of the Plan was addressed by Non-Housing Community Development Needs Consultation? Homelessness Needs Assessment Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted. What Webex.This meeting was held to gain a are the anticipated outcomes of the consultation better understanding of transportation needs or areas for improved coordination? of the low/mod community and the transportation issues effecting the homeless population and other vulnerable communities in Corpus Christi. 10 Agency/Group/Organization Corpus Christi Independent School District Agency/Group/Organization Type Services—Education What section of the Plan was addressed by Homelessness Needs Assessment Consultation? Consolidated Plan CORPUS CHRISTI 16 OMB Control No:2506-0117(exp.09/30/2021) Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted. What Webex.This meeting was held to gain a are the anticipated outcomes of the consultation better understanding of housing issues and or areas for improved coordination? other needs of students in the Corpus Christi Independent School Districts. 11 Agency/Group/Organization Coastal Bend Wellness Foundation Agency/Group/Organization Type Non-profit Services—Healthcare Services—Education Services—Homeless Services—Low/Mod Individuals What section of the Plan was addressed by Homelessness Needs Assessment Consultation? Briefly describe how the Consultation was done online through Agency/Group/Organization was consulted. What Webex. This meeting was held to gather input are the anticipated outcomes of the consultation on the healthcare needs of the low-income or areas for improved coordination? and homeless populations that are served by Coastal bend Wellness Foundation. 12 Agency/Group/Organization Come Dream Come Build, Inc. Agency/Group/Organization Type Non-profit/CHDO Developer What section of the Plan was addressed by Housing Needs Assessment Consultation? Non-Homeless Special Needs Assessment Briefly describe how the In person interview.The anticipated outcome Agency/Group/Organization was consulted. What is to help identify the affordable housing are the anticipated outcomes of the consultation needs in the City and input on how to address or areas for improved coordination? the need over the next five years. 13 Agency/Group/Organization Fish Pond Agency/Group/Organization Type Affordable Housing Developer What section of the Plan was addressed by Housing Needs Assessment Consultation? Briefly describe how the Virtual one-on-one interview. The anticipated Agency/Group/Organization was consulted. What outcome is to help to identify affordable are the anticipated outcomes of the consultation rental housing needs and how to help address or areas for improved coordination? the needs over the next five years. 14 Agency/Group/Organization Corpus Christi Parks & Recreation Department Consolidated Plan CORPUS CHRISTI 17 OMB Control No:2506-0117(exp.09/30/2021) Agency/Group/Organization Type City Department What section of the Plan was addressed by Non-housing community development needs. Consultation? Briefly describe how the The anticipated outcome is to help to identify Agency/Group/Organization was consulted. What the non-housing community development are the anticipated outcomes of the consultation needs in the City and how to potentially or areas for improved coordination? address them over the next five years. 15 Agency/Group/Organization Federal Communications Commission Agency/Group/Organization Type Federal—Broadband What section of the Plan was addressed by Broadband Needs Consultation? Briefly describe how the The FCC website was used during the Agency/Group/Organization was consulted.What consultation process to examine the are the anticipated outcomes of the consultation broadband needs of Corpus Christi. or areas for improved coordination? 16 Agency/Group/Organization Nueces County Agency/Group/Organization Type County What section of the Plan was addressed by Hazard Mitigation Consultation? Briefly describe how the Nueces County is responsible for developing Agency/Group/Organization was consulted. What the Nueces County Multi-Jurisdictional are the anticipated outcomes of the consultation Hazard Mitigation Action Plan. This plan was or areas for improved coordination? used to identify hazard issues associated with climate change. Table 2—Agencies,groups,organizations who participated Identify any Agency Types not consulted and provide rationale for not consulting There were not any agencies specifically not consulted. The meetings were an open invitation to any organizations that wish to participate in the consultation process. Consolidated Plan CORPUS CHRISTI 18 OMB Control No:2506-0117(exp.09/30/2021) Other local/regional/state/federal planning efforts considered when preparing the Plan Consolidated Plan CORPUS CHRISTI 19 OMB Control No:2506-0117(exp.09/30/2021) Name of Plan Lead Organization How do the goals of your Strategic Plan overlap with the goals of each plan? Texas Balance of State Texas Homeless Network Funding proposals in the Continuum of Care Strategic Strategic Plan provide assistance Plan to preserving housing units and preventing homelessness. City of Corpus Christi HOME-ARP City of Corpus Christi Funding proposals in the Plan Strategic Plan provide assistance in the creation of affordable housing that will help address homelessness and at risk of homelessness in Corpus Christi. Corpus Christi's Parks, City of Corpus Christi Strategic Plan goals for Recreation, &Open Spaces improving community Master Plan infrastructure provide assistance to parks& recreational spaces that benefit low to moderate income residence of Corpus Christi. Corpus Christi's Citizen City of Corpus Christi The Citizen Participation Plan Participation Plan was used to help navigate citizen participation throughout the plan in order to gather community input on the goals for the strategic plan. Plan CC Comprehensive Plan City of Corpus Christi All Strategic Plan goals will 2016 support the City's overall long- term community development vision. Corpus Christi Downtown Downtown Management Strategic Plan goals were Management District FY 2022- District (DMD) influenced by the economic 2026 Five Year Strategic Plan development efforts identified in the Five Year Plan for the downtown area of Corpus Christi. Nueces County Multi- Corpus Christi Office of Hazard Mitigation issues Jurisdictional Hazard Mitigation Emergency Management associated with climate change Plan (2017) were identified in the Hazard Mitigation Plan and examined in the Hazard Mitigation portion of the ConPlan. Consolidated Plan CORPUS CHRISTI 20 OMB Control No:2506-0117(exp.09/30/2021) Corpus Christi Climate Community Development Staff Hazard Mitigation issues Communities Report associated with climate change were identified in the Corpus Christi Climate Report and examined in the Hazard Mitigation portion of the ConPlan. Table 3—Other local/regional/federal planning efforts Describe cooperation and coordination with other public entities, including the State and any adjacent units of general local government, in the implementation of the Consolidated Plan (91.215(1)) During the implementation of the Consolidated Plan, the Corpus Christi Housing Authority (CCHA) was invited for a one-on-one stakeholder session to gather the needs of the public housing authority clients. The meeting was held with Gary Allsup the Chief Executive Officer (CEO) of the Corpus Christi Housing Authority (CCHA). The meeting resulted in the CCHA providing valuable information regarding their clients, their Tenant Based Rental Assistance program, their Project Based Rental Assistance program, their single -family new construction program, as well as their conversion into the RAD Program. During the process of the Consolidated Plan, additional questions were answered by CCHA. The City continues to work on establishing a strong working relationship with the CCHA. During the year, CCHA provides the City with their Action Plan for review and approval. The City ensures the objectives of the CCHA are in line with the City's 5-year plan's objectives. The CCHA and the City stakeholder meeting discussed the possibilities of the sale or donation of vacant lots for the CCHA's new construction single family home program to address affordable housing needs in the City. The City also works closely with Nueces County in the areas of homelessness, substance abuse, and mental health. Both entities are involved in an Advisory Council who are working on homeless issues as they pertain to housing, substance abuse, and mental health. The collaboration with these entities allows the City to ensure implementation of the goals and objectives of the Consolidated Plan. Narrative (optional): N/A Consolidated Plan CORPUS CHRISTI 21 OMB Control No:2506-0117(exp.09/30/2021) PR-15 Citizen Participation — 91.105, 91.115, 91.200(c) and 91.300(c) 1. 1. Summary of citizen participation process/Efforts made to broaden citizen participation Summarize citizen participation process and how it impacted goal-setting City Council District Meetings- March 20-23 and March 27, 2023. Public needs were obtained during five, public council district meetings during the month of March 2023. These were held in each of the City Council districts, were duly advertised, and designed to obtain public comments on community development needs, affordable housing needs and the needs of the homelessness for the City's 2023-2027 Five -Year Consolidated Plan and FY 2023 Annual Action Plan. Public Hearings—The first public hearing for the Consolidated Plan and Action Plan was held on April 5th and April 6th, 2023. Both meetings were held in person at City Hall. Stakeholder Interviews— From April 20th through May 15t, 2023, a series of 16 stakeholder input sessions were conducted for the development of the Consolidated Plan. A number of individuals from organizations whose mission involves housing in one facet or another provided feedback. Individuals representing government and policy makers, nonprofit organizations, affordable housing providers, housing developers, community development organizations, educational institutions, and other interested parties were invited to participate to ensure that as many points-of-view as possible were heard. A complete summary of meeting minutes is included in the Citizen Participation Appendix. Web-based Citizen Surveys—The City conducted a web-based survey for the public in English and Spanish, which generated 138 responses in total, an excellent response rate. Questions focused on housing and community development needs. The major priorities according to survey responses were infrastructure/roadway improvements, job creation and training, affordable housing construction/assistance, transit, and education and child/youth services. A complete summary of the survey is included in the Citizen Participation Appendix. The City utilized input from all of the above sessions to assist in formulate and set goals contained in the Strategic Plan of the Con Plan for the next five year period. Consolidated Plan CORPUS CHRISTI 22 OMB Control No:2506-0117(exp.09/30/2021) Citizen Participation Outreach Sort Mode of Outreach Target of Summary Summary of Summary of URI_(If Order Outreach of comments comments not applicable) response/ received accepted attendance and reasons 1 First Public Public Participants All comments Hearing provided were Input on accepted. community needs and priorities. 2 Stakeholder Stakeholders Participants All comments Interviews provided were input on accepted. See community Citizen needs and Participation priorities. section for extensive notes. 3 Final Public Public Hearing/First TBD TBD TBD Reading of Ordinance 4 Second Reading of Public Ordinance TBD TBD TBD Table 4—Citizen Participation Outreach Consolidated Plan CORPUS CHRISTI 23 OMB Control No:2506-0117(exp.09/30/2021) Needs Assessment NA-05 Overview Needs Assessment Overview Based on U.S. Housing and Urban Development (HUD) Comprehensive Housing Affordability Strategy (CHAS) data (2013-2017), analysis included within this section of the Strategic Plan, and interviews and group discussions held with service providers, the following conclusions relative to housing needs in the City of Corpus Christi for all household types, income groups and racial/ethnic groups can be made. CHAS data (2013-2017) is the most up to date version of data provided by HUD to complete the consolidated plan. Racial/ethnic groups with disproportionate housing problems as defined by HUD include housing units lacking complete kitchen facilities and/or complete plumbing facilities, overcrowding (more than 1.5 person per room), and/or households paying more than 30% of its income toward housing include the following: Housing Problems • Black households earning 50-80% of AMI. • Asian households earning 50%-80% of AMI and 80-100% of AMI (small sample size). • Hispanics earning 80-100% of AMI (small sample size). Racial/ethnic groups with disproportionate housing problems defined as housing units lacking complete kitchen facilities and/or complete plumbing facilities, overcrowding (more than 1.5 person per room), and households paying more than 30% of its income toward housing include the following: Severe Housing Problems • Asian households earning 0%-30% of AMI and 80-100% of AMI. • Hispanic households earning 30-50% of AMI and 80-100% of AMI • Pacific Islander households earning 80-100% of AMI (small sample size). Racial/ethnic groups with disproportionate housing cost burden include the following: Housing Cost Burden According to HUDs definition, no racial/ethnic groups in Corpus Christi experienced cost burden at a disproportionate level. Nevertheless, the CHAS data shows that a large number of Hispanics 9,590, and African Americans 1,575, experience cost burden. Consolidated Plan CORPUS CHRISTI 24 OMB Control No:2506-0117(exp.09/30/2021) Lower-income households in the City have been greatly impacted by high housing costs, which reduce economic opportunities and access to prosperity. Real incomes in the area have declined while housing costs have risen, resulting in an increase in the need for affordable housing options. Between 2010 and 2017, the median income for City residents has increased by 23% after adjusting for inflation, while median contract rent increased by 20% and median home values increased by 16%. This means that housing costs take up a relatively larger share of income for households. Rising median home values translate to diminished buying power for households that want to reside in the City. Given a lack of decent, affordable housing options, the City's lower-income households often face a choice between deficient housing and cost burden. The Housing Needs Assessment is based on data provided by HUD through the Comprehensive Housing Affordability Strategy (CHAS) data, with supplemental data used when available. Although the CHAS data is dated, it provides a glimpse of the housing needs within the City. This data, in combination with supplemental data and interviews with agencies and housing providers in the City, can provide a snapshot view of the housing needs. Housing Needs -Agency Results: Interviews with agencies that provide housing and social services provided an overview on housing needs.The following is a summary of the key points from the surveys and the stakeholder interviews: • Extremely-low, very-low, low-income households, and moderate-income households have a very difficult time finding affordable housing. • Small related households have the most residents who are cost burdened across a range of income levels and tenure. • The lack of affordable housing affects some of the area's most vulnerable citizens. Housing problems are broken down into four categories.The four housing problems include: cost burden, lack of complete plumbing or kitchen facilities, overcrowding, and zero/negative income. As the data below show, the most significant housing issue identified is cost burden, defined as spending over 30%of household income on housing costs, such as mortgage and rent payments. According to CHAS data, 33% of households in the City are cost burdened. Similarly, severe cost burden is defined as spending over 50% of household income on housing. In Corpus Christi, over 27% of households are severely cost burdened. In general, "small related" renter households are the largest cost-burdened category, with these households accounting for 41% of all cost-burdened households. It is important to note that this category includes households comprised of unrelated members. With regard to other housing Consolidated Plan CORPUS CHRISTI 25 OMB Control No:2506-0117(exp.09/30/2021) problems, overcrowding is the second most common problem. Overcrowding is less common for homeowner households compared to renter households. The following bullet points summarize the tables found on the following pages: Renter households: • Between 0-30% and 31-50% of AMI and severely overcrowded • Between 0-30% of AMI lacking complete plumbing or kitchen facilities, with one or more of four housing problems, and housing problems paying more than 50% of their gross income on housing costs Owner households: • Between 51-80% of AMI and severely overcrowded, with one or more of four housing problems, with housing problems paying more than 30% and 50% of their gross income on housing costs. Households by Household Type Renter households paying more than 30%of their gross income on housing costs: • All households between 0-30% of AMI. Owner households paying more than 30% of their gross income on housing costs: • Small related and elderly households between 51-80% of AMI. Renter households paying more than 50% of their gross income on housing costs: • All households between 0-30% of AMI. Owner households paying more than 50% of their gross income on housing costs: • Small related households between 51-81% of AMI • Elderly households between 50-81% of AMI Consolidated Plan CORPUS CHRISTI 26 OMB Control No:2506-0117(exp.09/30/2021) Demographic indicators are essential to understanding a community's housing needs. The data provides a snapshot of the City's rapid growth and highlights the ongoing increase in population and households. Table 5- Housing Needs Assessment Demographics Demographics Base Year: 2010 Most Recent Year: 2021 %Change Population 305,215 318,168 4% Households 110,954 117,210 6% Median Income $41,845 $59,993 43% Data Source: 2010 Census(Base Year),2017-2021 ACS(Most Recent Year) Table 6 Housing Costs Table (SUPPLEMENTAL) Base Year: 2010 Most Recent Year: 2021 %Change Median Home Value $128,900 $157,400 22% Median Contract Rent $807 $1,099 36% Data Source: 2010 Census(Base Year),2017-2021 ACS(Most Recent Year) The following are HUD-generated tables using 2013-2017 CHAS data that are part of the Consolidated Plan tool.These tables are automatically generated when creating the Consolidated Plan. Please note that HAMFI refers to "HUD Adjusted Median Family Income," which is the median family income calculated by HUD for each jurisdiction, in order to determine Fair Market Rents and income limits for HUD programs. HAMFI will not necessarily be the same as other calculations of median incomes such as a simple Census number due to a series of adjustments that are made. Consolidated Plan CORPUS CHRISTI 27 OMB Control No:2506-0117(exp.09/30/2021) NA-10 Housing Needs Assessment - 24 CFR 91.205 (aAc) Summary of Housing Needs Demographics Base Year: 2009 Most Recent Year: 2017 %Change Population 283,843 25 -100% Households 104,682 35 -100% Median Income $42,694.00 $53,626.00 26% Table 7-Housing Needs Assessment Demographics Data Source: 2000 Census(Base Year),2013-2017 ACS(Most Recent Year) Number of Households Table 0-30% >30-50% >50-80% >80-100% >100% HAMFI HAMFI HAMFI HAMFI HAMFI Total Households 14,165 14,165 18,820 10,460 59,075 Small Family Households 4,015 5,120 7,430 4,455 29,695 Large Family Households 1,205 1,375 1,985 1,220 6,510 Household contains at least one person 62-74 years of age 3,260 3,100 3,505 2,269 12,830 Household contains at least one person age 75 or older 1,945 2,555 2,520 1,155 4,200 Households with one or more children 6 years old or younger 2,635 2,975 3,895 1,505 7,735 Table 8-Total Households Table Data Source: 2013-2017 CHAS Consolidated Plan CORPUS CHRISTI 28 OMB Control No:2506-0117(exp.09/30/2021) Housing Needs Summary Tables 1. Housing Problems(Households with one of the listed needs) Renter Owner 0-30% >30- >50- >80- Total 0-30% >30- >50- >80- Total AMI 50% 80% 100% AMI 50% 80% 100% AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Substandard Housing-Lacking complete plumbing or kitchen facilities 310 310 110 25 755 80 95 100 10 285 Severely Overcrowded-With>1.51 people per room(and complete kitchen and plumbing) 95 130 285 120 630 0 65 90 40 195 Overcrowded-With 1.01-1.5 people per room(and none of the above problems) 420 485 655 245 1,805 75 195 560 315 1,145 Housing cost burden greater than 50%of income(and none of the above problems) 5,410 2,975 850 115 9,350 2,345 1,275 820 100 4,540 Housing cost burden greater than 30%of income(and none of the above problems) 880 3,115 4,045 1,265 9,305 905 1,275 2,270 875 5,325 Zero/negative Income(and none of the above problems) 875 0 0 0 875 450 0 0 0 450 Table 9—Housing Problems Table Data Source: 2013-2017 CHAS 2. Housing Problems 2(Households with one or more Severe Housing Problems: Lacks kitchen or complete plumbing,severe Consolidated Plan CORPUS CHRISTI 29 OMB Control No:2506-0117(exp.09/30/2021) overcrowding,severe cost burden) Renter Owner 0-30% >30- >50- >80- Total 0-30% >30- >50- >80- Total AMI 50% 80% 100% AMI 50% 80% 100% AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Having 1 or more of four housing problems 6,240 3,900 1,900 505 12,545 2,500 1,630 1,570 470 6,170 Having none of four housing problems 2,440 4,690 7,680 4,365 19,175 1,660 3,945 7,660 5,125 18,390 Household has negative income,but none of the other housing problems 875 0 0 0 875 450 0 0 0 450 Table 30-Housing Problems 2 Data Source: 2013-2017 CHAS 3.Cost Burden>30% Renter Owner 0-30% >30-50% >50-80% Total 0-30% >30-50% 1 >50-80% Total AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Small Related 2,115 2,695 2,275 7,085 940 1,000 1,310 3,250 Large Related 895 730 370 1,995 110 250 240 600 Elderly 1,410 1,260 960 3,630 1,715 1,160 990 3,865 Other 2,595 2,075 1,694 6,364 565 350 615 1,530 Total need by income 7,015 6,760 5,299 19,074 3,330 2,760 3,155 9,245 Table 11-Cost Burden>30% Data Source: 2013-2017 CHAS Consolidated Plan CORPUS CHRISTI 30 OMB Control No:2506-0117(exp.09/30/2021) 4.Cost Burden>50% Renter Owner 0-30% >30-50% >50-80% Total 0-30% >30-50% >50-80% Total AMI AMI AMI AMI AMI AMI NUMBER OF HOUSEHOLDS Small Related 1,845 1,070 365 3,280 830 545 275 1,650 Large Related 760 295 0 1,055 80 190 40 310 Elderly 1,045 630 315 1,990 1,080 440 295 1,815 Other 2,375 1,255 205 3,835 405 200 205 810 Total need by income 6,025 3,250 885 10,160 2,395 1,375 815 4,585 Table 12—Cost Burden>50% Data Source: 2013-2017 CHAS 5.Crowding(More than one person per room) Renter Owner 0-30% >30-50% >50-80% >80- Total 0-30% >30-50% >50-80% >80- Total AMI AMI AMI 100% AMI AMI AMI 100% AMI AMI NUMBER OF HOUSEHOLDS Single family households 425 460 785 280 11950 35 190 285 230 740 Multiple,unrelated family households 135 130 110 40 415 40 60 375 130 605 Other,non-family households 0 25 60 40 125 0 10 0 0 10 Total need by income 560 615 955 360 2,490 75 260 660 360 1,355 Table 13—Crowding Information—1/2 Data Source: 2013-2017 CHAS Consolidated Plan CORPUS CHRISTI 31 OMB Control No:2506-0117(exp.09/30/2021) Renter Owner 0-30%AMI >30-50% >50-80% Total 0-30%AMI >30-50% >50-80% Total AMI AMI AMI AMI Households with Children Present Table 14—Crowding Information—2/2 (CHAS data unavailable) Describe the number and type of single person households in need of housing assistance. According to 2021 American Community Survey(ACS)data,there are 30,122 single-person households in The City of Corpus Christi, 17,010 of which(34.4%)are renter households.The median income for a single female household in 2021 was$25,006,while the median income for a single male household in 2021 was$42,876.Given that single female households are roughly 42%of the City's median household income of$59,993, it can reasonably be assumed that there are a significant number of single female households experiencing difficulty finding affordable housing,and points to a need for additional studio and one-bedroom units. Estimate the number and type of families in need of housing assistance who are disabled or victims of domestic violence,dating violence,sexual assault and stalking. Throughout the HOME-ARP process induvial consultation sessions were held to gather data on the housing needs of the communities served in Corpus Christi. During these meetings the Planning and Community Development Department spoke with the Purple Door,Corpus Christi's domestic violence service provider.They served between 800-900 nonresidential clients in 2022.They served 573 residential clients in the same period.The total number of bed days was 17,001.The ages of those served varies and generally falls between 18-55 years old some with minor children.They serve men and women and see a small population of LGBTQ clients,but the vast majority of clients are women.The racial distribution of clients is approximately 80% Hispanic, 15%White,5% Black and a small percentage is Asian.Among those they serve,approximately 85-95%are below the poverty level,especially those seeking residential services. Consolidated Plan CORPUS CHRISTI 32 OMB Control No:2506-0117(exp.09/30/2021) These vulnerable populations are some of the most at risk of homelessness. During the consultation process for the Consolidated Plan and Action Plan stakeholder sessions were held with nonprofit organizations and public needs assessment meetings were held in the city council districts. At each of these meetings it was voiced several times that while there are some resources available for these vulnerable populations, there are not enough beds or services to meet the needs of all of those in need of assistance. What are the most common housing problems? There was a total of five public needs assessment meetings held in each of the city council districts in Corpus Christi. During these meetings the public was able to provide their input on the needs of the community. There were several common housing problems discussed amongst the public and Planning & Community Development staff. The following responses were received: • A need for a no barrier shelter for the homeless • Lack of affordable housing • Missing middle housing • There is a need for nonprofit developers to develop more affordable units • Fair housing education is needed for tenants to know their rights • There is a need to combat blight • Low barrier jobs are needed for those experiencing extreme poverty • There is a need for weatherization programs for seniors and low/mod individuals Are any populations/household types more affected than others by these problems? Low-income individuals and homeless populations are the most affected by the concerns voiced by the public. Describe the characteristics and needs of Low-income individuals and families with children (especially extremely low-income) who are currently housed but are at imminent risk of either residing in shelters or becoming unsheltered 91.205(c)/91.305(c)). Also discuss the needs of formerly homeless families and individuals who are receiving rapid re-housing assistance and are nearing the termination of that assistance The lack of affordable housing makes it difficult for low-income individuals and families with children to maintain a stable household. During stakeholder sessions the Corpus Christi Independent School District attended one of the stakeholder sessions to provide information concerning low-income families with children. The case manager from the CCISD stated that currently a lot of families are doubled up living with relatives or friends. These families do not Consolidated Plan CORPUS CHRISTI 33 OMB Control No:2506-0117(exp.09/30/2021) qualify as homeless under McKinney-Veto and are therefore unable to qualify for help they may otherwise have received.These families are in need of transportation to school for their children. While CCISD provides transportation for families that live more than 2 miles from the school, the students have to drive to a bus stop that will then transport them to school. The concern with this is that some families do not have transportation so the students have to walk to catch a bus stop which could be miles away from them. No data exists that would specifically enumerate or describe the at-risk or formerly homeless population or rapid-rehousing recipients nearing termination within the City of Corpus Christi. If a jurisdiction provides estimates of the at-risk population(s), it should also include a description of the operational definition of the at-risk group and the methodology used to generate the estimates: According to HMIS data from the Texas Homeless Network (THN), there were 966 persons in Emergency Shelter, Supportive Housing, Transitional Housing, and PH-RRH who exited homelessness in 2019. Of those who exited 453 exited to permanent housing destinations while 513 did not. These persons could be considered to be at risk for recidivism back to homelessness. Specify particular housing characteristics that have been linked with instability and an increased risk of homelessness Corpus Christi's high housing costs, evident through the CHAS estimates that the most significant housing issue identified is cost burden, defined as spending over 30% of household income on housing costs, such as mortgage and rent payments. According to CHAS data, 33%of households in the City are cost burdened. Similarly, severe cost burden is defined as spending over 50% of household income on housing. In Corpus Christi, 27% of households are severely cost burdened. According to recent (2013-2017) ACS 5-Year Estimates, 17% of the City's population lives below the poverty level, and 5.3% of the population aged 16 and over is unemployed. Unemployment and poverty contribute to the increased risk of homelessness. Discussion As part of the development of the city's Assessment of Fair Housing (AFH), completed in 2017, a needs assessment was conducted using HUD's Affirmatively Furthering Fair Housing (AFFH) Data and Mapping Tool. This tool used a slightly older version of CHAS (2008-2012), but found the same high level of cost burden, particularly for those with incomes 0-30% of AMI. Consolidated Plan CORPUS CHRISTI 34 OMB Control No:2506-0117(exp.09/30/2021) The following table was taken from Corpus Christi's AFH document, showing severe cost burden by household type. Households r Cost Burden Number Number of Percent with Number Number of Percent with RacefEthnicity with Severe Households' Households Severe cost with Severe Severe Cost Cost Burden. Burden' Cost Burden Burden. White,Non-Hispanic 5.425 44,940 12.07% 7,965 68,239 11.67% Black,Non-Hispanic 995 4,915 20.24% 1,074 5,450 19.7 f% Hispanic 8,980 58,760 15.28% 1T,210 78,115 14.35% Asian or Pacific Islander,Non-Hispanic 330' f,944 16.98% 365 2,262 16.14% Native American,Non-Hispanic 0 249 o.00% T5 342 4.39% Other,Non-Hispanic 175 947 18.48% 199 1,470 13.54% Total 15.905 111,750 f4.23% 20,828 155,900 13.36% Household Type and Size Family households,C5 people 7,199 62,i6o 11.58% 9.644 89.499 10.78% Family households,5+people 1,675 13,085 12.80% 2,025 18,245 11.10% Non-family households 7,029 36,490 19.26% 91142 48,145 18.99% Source:Comprehensive Housing Affordability Strategy(CHAS),2008-2012,as retrieved from the HUD Affirmatively Furthering Fair Housing (AFFH)Data and Mapping Tool_ 'The number of households is the denominatorfor the percent with problems,and may differ from the number of households forthe table on severe housing problems. 'All percentages represent a share of the total population with the jurisdiction or region,except household type and size,which is compared with total households. The table shows the demographics of households experiencing severe housing cost burden. These data show Black residents experiencing the highest rate of severe cost burden. For family households with five or more people, the rate of severe cost burden is notably low as compared with the rate of housing burden in general; large family households are less likely to be severely cost burdened than non-family households and only slightly more likely to be severely cost burdened than small family households. This suggests that many large family households experience housing burden not because of severe cost but because they have more than one person per bedroom. In addition, according to the AFH mapping tool, the areas with the highest concentration of housing burden in Corpus Christi are the north-central, west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) due to their high concentrations of Hispanic and Black residents and the fact that at least 40 percent of residents are below the federal poverty line. Consolidated Plan CORPUS CHRISTI 35 OMB Control No:2506-0117(exp.09/30/2021) NA-15 Disproportionately Greater Need: Housing Problems — 91.205 (b)(2) Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. Introduction HUD defines disproportionately greater need when the percentage of persons in a category of need who are members of a particular racial or ethnic group in a category of need is at least 10 percentage points higher than the percentage of persons in the category as a whole. Housing problems include: • Housing units lacking complete kitchen facilities and/or complete plumbing facilities • Overcrowding (more than one person per room) • Housing costs greater than 30% of income (i.e., cost burden) In general, the percentage of households with a housing problem is highest for the lowest income brackets (0-50%AMI) and decreases as income increases. According to the above definitions, there are no groups disproportionately impacted with one or more housing problems: NA-15 Housing Problems 0-30%AMI 30-50%AMI 50-80%AMI 80-100% AMI Racial/Ethnic Group %with one or more housing problems White 84.4% 73.6% 53.7% 28.3% Black/African American 79.7% 51.7% 55.1% 29.5% Asian 89.3% 44.0% 53.5% 31.8% Hispanic 80.8% 70.3% 50.8% 30.4% Jurisdiction as a Whole 81.9% 70.0% 52.0% 29.7% Data Source: 2013-2017 CHAS Calculations: Mullin&Lonergan Associates 0%-30% of Area Median Income Housing Problems Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 10,520 2,320 1,325 Consolidated Plan CORPUS CHRISTI 36 OMB Control No:2506-0117(exp.09/30/2021) Housing Problems Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems White 2,650 490 500 Black/African American 590 150 115 Asian 125 15 120 American Indian, Alaska Native 0 20 0 Pacific Islander 0 0 0 Hispanic 6,895 1,635 590 Table 15-Disproportionally Greater Need 0-30%AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% 30%-50% of Area Median Income Housing Problems Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 9,920 4,245 0 White 2,850 1,020 0 Black/African American 375 350 0 Asian 59 75 0 American Indian, Alaska Native 15 30 0 Pacific Islander 0 0 0 Hispanic 6,565 2,775 0 Table 16-Disproportionally Greater Need 30-50%AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Consolidated Plan CORPUS CHRISTI 37 OMB Control No:2506-0117(exp.09/30/2021) 50%-80% of Area Median Income Housing Problems Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 9,785 9,035 0 White 3,070 2,645 0 Black/African American 485 395 0 Asian 115 100 0 American Indian, Alaska Native 0 85 0 Pacific Islander 0 0 0 Hispanic 5,945 5,750 0 Table 17-Disproportionally Greater Need 50-80%AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% 80%-100% of Area Median Income Housing Problems Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 3,100 7,350 0 White 925 2,344 0 Black/African American 180 430 0 Asian 70 150 0 American Indian, Alaska Native 0 40 0 Pacific Islander 0 30 0 Hispanic 1,895 4,340 0 Table 18-Disproportionally Greater Need 80-100%AMI Data Source: 2013-2017 CHAS *The four housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than one person per room, 4. Cost Burden greater than 30% Discussion Consolidated Plan CORPUS CHRISTI 38 OMB Control No:2506-0117(exp.09/30/2021) NA-20 Disproportionately Greater Need: Severe Housing Problems — 91.205 (b)(2) Introduction HUD defines disproportionately greater need when the percentage of persons in a category of need who are members of a particular racial or ethnic group in a category of need is at least 10 percentage points higher than the percentage of persons in the category as a whole. Severe housing problems include: • Housing units lacking complete kitchen facilities and/or complete plumbing facilities • Overcrowding (more than 1.5 persons per room) • Housing costs greater than 50% of income (i.e., cost burden) Assess the need of any racial or ethnic group that has disproportionately greater needs in comparison to the needs of that category of need as a whole. In general, the percentage of households with a severe housing problem is highest for the lowest income bracket, most significantly for 0-30%AMI, and decreases as income increases. According to the above definitions, the following groups are disproportionately impacted with one or more housing problems: • Asian households at 0—30%AMI and 80-100 %AMI • Hispanic households at 0—30%AMI • White households at 0—30%AMI NA-20 Severe Problems 0-30%AMI 30-50%AMI 50-80%AMI 80-100%AMI Racial/Ethnic Group %with one or more severe housing problems White 73.6% 39.3% 18.2% 5.2% Black/African American 56.8% 18.1% 15.3% 8.2% Asian 89.3% 3.0% 13.3% 20.9% American Indian, Alaska Native 0.0% 0.0% 0.0% 0.0% Pacific Islander 0.0% 0.0% 0.0% 0.0% Hispanic 67.2% 41.2% 18.9% 11.4% Jurisdiction as a Whole 51.8% 39.0% 18.4% 9.3% Data Source: 2013-2017 CHAS Calculations: Mullin&Lonergan Associates Consolidated Plan CORPUS CHRISTI 39 OMB Control No:2506-0117(exp.09/30/2021) 0%-30% of Area Median Income Severe Housing Problems* Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 8,740 4,100 3,160 White 2,310 830 1,695 Black/African American 420 320 115 Asian 125 15 120 American Indian, Alaska Native 0 20 0 Pacific Islander 0 0 0 Hispanic 5,730 2,800 590 Table 19—Severe Housing Problems 0-30%AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% 30%-50% of Area Median Income Severe Housing Problems* Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 5,530 8,635 0 White 1,520 2,345 0 Black/African American 130 590 0 Asian 4 130 0 American Indian, Alaska Native 0 50 0 Pacific Islander 0 0 0 Hispanic 3,850 5,490 0 Table 20—Severe Housing Problems 30-50%AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% Consolidated Plan CORPUS CHRISTI 40 OMB Control No:2506-0117(exp.09/30/2021) 50%-80% of Area Median Income Severe Housing Problems* Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 3,470 15,340 0 White 1,040 4,685 0 Black/African American 135 750 0 Asian 30 195 0 American Indian, Alaska Native 0 85 0 Pacific Islander 0 0 0 Hispanic 2,215 9,480 0 Table 21—Severe Housing Problems 50-80%AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% 80%-100% of Area Median Income Severe Housing Problems* Has one or more Has none of the Household has of four housing four housing no/negative problems problems income, but none of the other housing problems Jurisdiction as a whole 975 9,490 0 White 170 3,104 0 Black/African American 50 560 0 Asian 45 170 0 American Indian, Alaska Native 0 40 0 Pacific Islander 0 30 0 Hispanic 710 5,530 0 Table 22—Severe Housing Problems 80-100%AMI Data Source: 2013-2017 CHAS *The four severe housing problems are: 1. Lacks complete kitchen facilities, 2. Lacks complete plumbing facilities, 3. More than 1.5 persons per room, 4. Cost Burden over 50% Consolidated Plan CORPUS CHRISTI 41 OMB Control No:2506-0117(exp.09/30/2021) NA-25 Disproportionately Greater Need: Housing Cost Burdens — 91.205 (b)(2) Introduction: HUD defines a disproportionately greater housing need when a racial or ethnic group experiences housing problems at a rate over 10 percentage points than that of the corresponding income level as a whole. Cost-burdened is defined as paying more than 30% of household income on housing, and severely cost burdened is defined as paying greater than 50% of household income on housing. Assess the need of any racial or ethnic group that has disproportionately greater need in comparison to the needs of that category of need as a whole. The data table below summarizes the percentage of each racial/ethnic group experiencing cost burden at various levels. Based on these definitions, the there are no racial/ethnic groups that have a disproportionate housing need although it should be noted that 21% of Back/African American households spend between 30-50% of their income on housing in comparison to 16.3% of the jurisdiction as a whole. NA-25 Cost Burden Less than 30% 30-50% More than No/negative (No Cost 50% income Burden) (not computed) Racial/Ethnic Group %with housing cost % burden White 73.3% 15.5% 11.3% 1.3% Black/African American 66.9% 20.5% 12.6% 2.4% Asian 75.6% 17.2% 7.1% 5.9% Hispanic 68.8% 16.4% 14.9% 0.9% Jurisdiction as a Whole 70.4% 16.3% 13.3% 1.2% Data Source: 2013-2017 CHAS Calculations: Mullin&Lonergan Associates Housing Cost Burden Housing Cost Burden <=30% 30-50% >50% No/ negative income(not computed) Jurisdiction as a whole 81,195 18,820 15,310 1,375 White 31,185 6,595 4,790 540 Black/African American 3,190 975 600 115 Asian 1,535 350 145 120 American Indian, Alaska Native 275 15 0 0 Consolidated Plan CORPUS CHRISTI 42 OMB Control No:2506-0117(exp.09/30/2021) Housing Cost Burden <=30% 30-50% >50% No/ negative income(not computed) Pacific Islander 55 15 0 0 Hispanic 44,405 10,560 9,590 600 Table 23—Greater Need: Housing Cost Burdens AMI Data 2013-2017 CHAS Source: Discussion: Consolidated Plan CORPUS CHRISTI 43 OMB Control No:2506-0117(exp.09/30/2021) NA-30 Disproportionately Greater Need: Discussion — 91.205(b)(2) Are there any Income categories in which a racial or ethnic group has disproportionately greater need than the needs of that income category as a whole? The impact of housing problems in Corpus Christi varies primarily by income level. However, the following income tiers experienced problems at a rate of at least ten percentage points higher than the Corpus Christi as a whole: Housing Problems • The percentage of households with a housing problem is highest for the lowest income brackets (0-50%AMI) and decreases as income increases. According to the above definitions the no groups are disproportionately impacted with one or more housing problems: Severe Housing Problems • The percentage of households with a severe housing problem is highest for the lowest income bracket, most significantly for 0-30%AMI, and decreases as income increases. In general, the percentage of households with a severe housing problem is highest for the lowest income bracket, most significantly for 0-30%AMI, and decreases as income increases. According to the above definitions, the following groups are disproportionately impacted with one or more housing problems: - Asian households at 0—30%AMI and 80-100% AMI - Hispanic households at 0— 30%AMI - White households at 0—30%AMI Cost Burden • According to the above definitions, no racial/ethnic groups have disproportionate housing need; however, it is noteworthy that 21% of Black/African American respectively spend between 30-50% of their income on housing costs. If they have needs not identified above, what are those needs? The needs among races/ethnicities are indicated above. Households in the lower income categories have more general needs, as described in NA-10 and the Housing Market Analysis. Are any of those racial or ethnic groups located in specific areas or neighborhoods in your community? According to the 2017 AFH,the areas with the highest concentration of housing burden in Corpus Christi are the north-central, west-central, and northeast areas of the city, as shown in HUD Map 6.1 on the following page. The north-central area includes several neighborhoods designated as Consolidated Plan CORPUS CHRISTI 44 OMB Control No:2506-0117(exp.09/30/2021) racially or ethnically concentrated areas of poverty (R/ECAPs) due to their high concentrations of Hispanic and Black residents and the fact that at least 40 percent of residents are below the federal poverty line. The west-central area, around Corpus Christi International Airport, has a high concentration of Hispanic residents as shown on HUD Map 6.2. HUD Map 6.2 shows the northeast area has a relatively diverse mix of Hispanic and Non-Hispanic White residents. HUED Map 6.1 Housing Burden and Race/Ethnicity .r g ah4a F4l4 rl a M.r . 4y`,y'.., �p• r:rni erg wr:6��e, ° a ,� ,� �asp :,s+a:•. _t 70". HUD Map 6.2 Housing Burden and National Ohron hill 'wvt•ry Kw9:a,w R1Fr8P iu uuuuuuuuuuuuuuuuuuuVuuuVuu ,�: h Consolidated Plan CORPUS CHRISTI 45 OMB Control No:2506-0117(exp.09/30/2021) NA-35 Public Housing — 91.205(b) Introduction The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units as a result of RAD conversions. CCHA completed converting all of its public housing units to Rental Assistance Demonstration (RAD) units as of 2023. Section 504 Needs Assessment: Describe the needs of public housing tenants and applicants on the waiting list for accessible units: As stated earlier, the Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. Therefore, this section is not applicable for public housing. The need for accessible units was clearly articulated by residents and other advocates at the stakeholder meetings. Most immediate needs of residents of Public Housing and Housing Choice voucher holders According to recent data from CCHA, a total of 3,264 persons were on the Housing Choice Voucher (HCV) waiting list. The Project Based Voucher (PBV) wait list included 13,577 persons. One of the most prominent needs identified during the stakeholder meetings was the difficulty HCV holders had in finding an affordable, decent unit. The Corpus Christi Housing Authority (CCHA) provided tenant-based vouchers for relocation and mobility counseling to residents in order to teach them how to be good tenants. Not enough Housing Choice Vouchers are accepted by landlords, and voucher holders have 60 days to find a unit, with another 30 days often provided. The need for more vouchers in opportunity areas was clearly expressed. According to stakeholders at the Consolidated Plan meetings, many do not believe that everyone in Corpus Christi can live where they want. To address the lack of affordable housing options within Corpus Christi the CCHA has constructed Thanksgiving Homes, a rental/owner occupied community that provides single family homes at Fair Market Rate Value. In addition, stakeholders noted that residents using housing choice vouchers are frequently turned down for rentals because landlords do not accept vouchers as a form of payment. Thanksgiving Homes accepts tenant-based vouchers and address the need for more landlords. Stakeholders discussed that residents experienced difficulty finding housing that would accept vouchers in other parts of the City, especially on the south side. How do these needs compare to the housing needs of the population at large The population at large includes households that share the needs of CCHA residents and voucher holders because the resources available to CCHA are insufficient to meet local need. Until a unit or voucher becomes available, the large number of households on CCHA's waiting list continue Consolidated Plan CORPUS CHRISTI 46 OMB Control No:2506-0117(exp.09/30/2021) to subsist on extremely low incomes in housing conditions that are likely unaffordable, inadequate, or both. As stated earlier, there are too few landlords willing to participate in the voucher program, which severely limits the ability of low-income households to find decent, affordable units. Consolidated Plan CORPUS CHRISTI 47 OMB Control No:2506-0117(exp.09/30/2021) NA-40 Homeless Needs Assessment — 91.205(c) Introduction: The Continuum of Care's 2023 Point-in-Time (PIT)survey is the most recent survey data available. The PIT provides only a "snapshot" of the City's homeless population and subpopulations, however, it is the best data available on the housing and supportive service needs of these populations.The City's Continuum of Care (CoQ for homeless persons is coordinated through the Homeless Issues Partnership, Inc. (HIP), a regional coalition of agencies, individuals, and businesses addressing and resolving issues related to homelessness in the Coastal Bend through actions, resources, and education. On January 26, 2023, a total of 614 homeless adults and children were counted in Corpus Christi, Texas: (528 adults, and 86 youth & children in households). Corpus Christi is part of the Texas Balance of State Continuum of Care (CoC). Due to data collection limitations, no data was available for persons by homeless population type. In total there were 966 homeless persons who exited homelessness in 2019. Homeless Needs Inventory Estimate the Estimate Estimate the Estimate the#of Estimate the # the# #of days persons experiencing #exiting Population experiencing becoming persons homelessness on a homelessness given night homelessness homeless each year experience each year each year homelessness Sheltered Unsheltered Sheltered Unsheltered Sheltered Unsheltered Persons in 88 3 0 0 0 0 Households with Adult(s) and Child(ren) Persons in 0 0 0 0 0 0 Households with Only Children Persons in 238 285 0 0 0 0 Households with Only Adults Consolidated Plan CORPUS CHRISTI 48 OMB Control No:2506-0117(exp.09/30/2021) Chronically 82 0 0 0 0 0 Homeless Individuals Chronically 0 0 0 0 0 0 Homeless Families Veterans 32 31 0 0 0 0 Unaccompanied 9 18 0 0 0 0 Child Persons with HIV 3 2 0 0 0 0 Severely Mentally 41 51 0 0 0 0 III Chronic Substance 19 28 0 0 0 0 Abuse Victims of 37 10 0 0 0 0 Domestic Violence If data is not available for the categories "number of persons becoming and exiting homelessness each year," and "number of days that persons experience homelessness," describe these categories for each homeless population type (including chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth): According to HMIS data from the Texas Homeless Network (THN), there were 966 persons in Emergency Shelter, Supportive Housing, Transitional Housing, and PH-RRH who exited homelessness in 2019. This represented a 46.89% successful exit from homelessness. Estimate the number and type of families in need of housing assistance for families with children and the families of veterans. According to the 2023 Point-In-Time survey, there were 28 households with at least one adult and one child, with a total of 91 persons. The majority were white females. According to the survey no veterans' households had one adult and one child. There were 63 veteran households without children. The majority of these veteran households were white males. Describe the Nature and Extent of Homelessness by Racial and Ethnic Group. Consolidated Plan CORPUS CHRISTI 49 OMB Control No:2506-0117(exp.09/30/2021) As shown in the first table, for all households with at least one adult and one child the majority of homeless persons by ethnic group were Hispanic, while the largest category by race were White. The largest racial group after White was African-American with 8 homeless persons included in the count. While this number is relatively low, the African-American population in Corpus Christi is relatively small, compared to Whites and ethnic Hispanics. Homeless individuals and families living in Corpus Christi have a variety of shelters and services available to them. These facilities provide shelter, case management, substance abuse services, meals, and access to medical care. Describe the Nature and Extent of Unsheltered and Sheltered Homelessness. According to the 2023 Point-in-time survey, 326 surveyed persons were sheltered, while 288 were unsheltered. Serious mental illness was identified by 92 respondents to the survey (both sheltered and unsheltered combined), with 47 identifying as having a substance abuse disorder and 47 identifying as survivors of domestic abuse. NA-45 Non-Homeless Special Needs Assessment - 91.205 (b,d) Introduction: Persons with special needs include the elderly and frail elderly, persons with developmental and physical disabilities, persons suffering from drug and alcohol addiction, and persons living with HIV/AIDS. Generally, individuals who have special needs are typically extremely low income and face tremendous challenges finding housing that they can afford. Individuals with special needs also require supportive services in addition to housing that they can afford. Public and private sources have much smaller funds available for these purposes, making it difficult for non-profit organizations to develop and operate housing and supportive service programs. Describe the characteristics of special needs populations in your community: Elderly Elderly persons are more likely to live on fixed, very low incomes and/or require special supportive service to complete their daily routines. This means elderly residents especially need affordable housing options and easy access to service providers. According to the gap and needs analysis completed during the HOME-ARP allocation planning process in Corpus Christi, about 14%of the population is 65 or older. Of the 44,529 seniors in Corpus Christi about 1,380 live at less than 50% of the poverty level, 5,299 live at less than 100% of the poverty level and 8,416 live at less than 125%of the poverty level. Persons with Mental, Physical, and/or Other Developmental Disabilities Consolidated Plan CORPUS CHRISTI 50 OMB Control No:2506-0117(exp.09/30/2021) Severe mental illness includes the diagnoses of psychoses and the major affective disorders such as bipolar and major depression. The condition must be chronic, meaning it has existed for at least one year, to meet the HUD definition for a disability. Not all persons with disabilities require supportive housing; however, those that cannot live with supportive family or are in need of help in basic life activities do require supportive housing and/or services. Physically disabled individuals usually require modifications to their living space including the removal of physical barriers. Generally, accommodations are made to adapt the unit for use by wheelchair bound persons. There is no data on accessibility features of private rental units in the City of Corpus Christi. According to 2021 American Community Survey data: ■ Among the civilian non-institutionalized population, 12.1% reported a disability. ■ The likelihood of having a disability varied by age -from 3.5% of people under 18 years old, to 10% of people 18 to 64 years old, and to 37% of those 65 and over. The data shows a higher level of disability for persons 65 and over than for all other age groups. Persons with Alcohol or other Drug Addictions There is no data available on the number of persons in the City of Corpus Christi with alcohol or other drug addictions. Persons with HIV/AIDS and their families According to the most recent information from the Texas Department of State Health Services, in Nueces County there were 14 AIDS cases and 29 HIV cases reported in 2019. Victims of Domestic Violence, Dating Violence, Sexual Assault and Stalking During the preparation of the City's HOME-ARP allocation plan in 2023, data was gathered from the Corpus Christi Police Department.There were 4,421 incidents reported to the Family Violence Unit in 2022. According to The Purple Door, Corpus Christi's domestic violence service provider, they served between 800-900 nonresidential clients in 2022. They served 573 residential clients in the same period. The total number of bed days was 17,001. Ages of those served varies and generally falls between 18-55 years old some with minor children. They serve men and women and see a small population of LGBTQ clients, but the vast majority of clients are women. The racial distribution of clients is approximately 80% Hispanic, 15% White, 5% Black and a small percentage is Asian.Among those they serve, approximately 85-95% are below the poverty level, especially those seeking residential services. Consolidated Plan CORPUS CHRISTI 51 OMB Control No:2506-0117(exp.09/30/2021) What are the housing and supportive service needs of these populations and how are these needs determined? The non-homeless special needs populations in the City of Corpus Christi have a wide range of service needs including childcare,transportation, mental health services, substance use disorder treatment, legal services, food, security deposits, moving assistance, rental assistance and utility assistance. Legal services, eviction prevention,fair housing interventions and other strategies for keeping this group housed are important. The City determined the level of need and gaps by using ACS and CHAS data along with feedback received during community input meetings and stakeholder interviews. Discuss the size and characteristics of the population with HIV/AIDS and their families within the Eligible Metropolitan Statistical Area: The Texas Department of State Health Services reports annually on the incidence of reported cases of HIV and AIDS. In 2019,the latest full year for which data were available, the department reported that there were 661 persons in Nueces County living with HIV/AIDS. The only data available for Corpus Christi indicated there were 14 AIDS cases and 29 HIV cases reported in 2019. NA-50 Non-Housing Community Development Needs — 91.215 (f) Describe the jurisdiction's need for Public Facilities: Through CDBG funds, the City of Corpus Christi can fund the construction, rehabilitation, or installation of public facilities. Eligible public facilities include community centers and facilities for special needs populations (such as senior centers, homeless shelters, or centers for disabled persons). Public Facility needs include: • Parks and Recreational Improvements How were these needs determined? The City facilitated a series of stakeholder interviews, public meetings, online surveys, and requested feedback on needs across the community. Describe the jurisdiction's need for Public Improvements: Through CDBG funds, the City can also fund the construction, rehabilitation, or installation of public improvements. Public improvements include, but are not limited to, street and sidewalk improvements, and ADA compliance construction and rehabilitation. The City of Corpus Christi Consolidated Plan CORPUS CHRISTI 52 OMB Control No:2506-0117(exp.09/30/2021) needs accessibility, curb, street and sidewalk improvements. Connectivity for safe routes to school and bicycle mobility network is also important. Public Improvement needs include: • Public Infrastructure Improvements: accessibility improvements (sidewalks, curbs) and street improvement How were these needs determined? The City facilitated a series of stakeholder interviews, public meetings, online surveys, and requested feedback on needs across the community. Describe the jurisdiction's need for Public Services: Through CDBG funds, Corpus Christi can fund an array of public services. Eligible public services include, but are not limited to, homeless services, education and workforce development programs, homebuyer counseling, elderly care and programs, and childcare and health services. Public Service needs include: • Senior services • Job Training and Employment Skills Enhancement Program • Code Enforcement How were these needs determined? The City facilitated a series of stakeholder interviews, public meetings, online surveys, and requested feedback on needs across the community. Consolidated Plan CORPUS CHRISTI 53 OMB Control No:2506-0117(exp.09/30/2021) Housing Market Analysis MA-05 Overview Housing Market Analysis Overview: The following is a numerical and narrative description of the market conditions within Corpus Christi. Corpus Christi is, as are many communities, experiencing dramatic change in the most basic elements of the housing market such as: housing value, tenure, and the cost of renting. The housing market analysis includes public housing stock as well as what is in the private market. Homeless people and special needs facilities are included in the analysis. Barriers to affordable housing and non-housing community development assets are also considered. MA-10 Number of Housing Units — 91.210(a)&(b)(2) Introduction In January 2022 HUD's Economic and Market Analysis Division prepared a Comprehensive Housing Market Analyses for Corpus Christi, Texas. Corpus Christi was one of four cities selected from around the country for HUD's first round of the 2022 Comprehensive Housing Market Analyses. Each analysis, HUD economists develop a factual framework based on information available, as of a particular date, from both local and national sources. The analysis takes into consideration changes in the economic, demographic, and housing inventory characteristics of a specific housing market area during three periods: from 2000 to 2010, from 2010 to the as-of date of the analysis, and from the as-of date to a forecast date. The reports present counts and estimates of employment, population, households, and housing inventory. In the 2013-2017 ACS data in Table 1 below, the total number of housing units in Corpus Christi increased by 3.8% compared to 2012-2016 ACS data for the previous Consolidated Plan period which had a total of 125,520 housing units. The distribution of residential property types by number of units remains nearly identical to that of the previous plan period as well. Single unit detached housing remains the primary housing type with multifamily 2-4 units increasing by 2% since the 2012-2016 ACS data was released. Consolidated Plan CORPUS CHRISTI 54 OMB Control No:2506-0117(exp.09/30/2021) All residential properties by number of units Property Type Number 1-unit detached structure 85,826 65.9 1-unit, attached structure 2,605 2.0 2-4 units 14,196 10.9 5-19 units 16,410 12.6 20 or more units 7,814 6.0 Mobile Home, boat, RV, van, etc 3,386 2.6 Total 130,237 100 Table 24—Residential Properties by Unit Number Data Source: 2013-2017 ACS Table CP04 Comparative Housing Characteristics Owners Renters Number % Number No bedroom 364 0.6 2,008 4.0 1 bedroom 995 1.5 13,910 27.5 2 or 3 bedrooms 49,333 74.7 32,010 63.3 4 or more bedrooms 15,382 23.3 2,680 5.3 Unit Size by Tenure Table 25—Unit Size by Tenure Data Source: 2013-2017 ACS Describe the number and targeting (income level/type of family served) of units assisted with federal, state, and local programs. The City is committed to allocating funds that serve the needs of the most disadvantaged residents. Households with incomes less than 80%of the area median income, particularly those with extremely low incomes (less than 30%of area median income), are the top priority. Provide an assessment of units expected to be lost from the affordable housing inventory for any reason, such as expiration of Section 8 contracts. According to Policy Map data on HUD Multifamily Housing the following properties are part of the HUD Multifamily subsidized housing properties in Corpus Christi: • 1602 South Staples Housing, Inc. • Palacio Residencial & EI Para iso Apts. Consolidated Plan CORPUS CHRISTI 55 OMB Control No:2506-0117(exp.09/30/2021) • Arrowsmith Apartments • Briarwood Apartments • Casa De Manana • Castle Manor Apartments • Coastal Haven • Elliott Grant Homes • Gulfway Manor Apartments • Hampton Port • Laguna Apartments • Lantana Square Apts • Lexington Manor • Lulac Hacienda Apartments • Lulac Village Park • Lulac West Park Apts • Palms at Leopard, The • Oso Bay Apartments • Samuel Place • Sea Gulf Villa • Woodland Creek • 911 GLEN OAK APTS • Henry Harbour • Riley Gardens * HUD REAC,HUDs Picture of Subsidized Households,HUD MF Contracts The period of affordability for five of these properties, 1602 South Staples Housing, Inc., Elliott Grant Homes, Laguna Apartments, Henry Harbour, and Riley Gardens ended in 2022. However, it is unknown if these units have converted to market rate as of 2023. Consolidated Plan CORPUS CHRISTI 56 OMB Control No:2506-0117(exp.09/30/2021) Saint pane E7aysidr — HUD Mutifami,ly Housing by Contract Expiration Date . t HUD MDnaailiiy y Fulron Source:HUD HEAC,HUDs Picture of Sjn101 Subsidized Households,HUD MF f2 RpCk rt Contracts Q u p • Fltec -JT 46 Ead est Adive Contract Expiration Edroy " Date:Calor Code API odern 2022 Gregory 2023 Aransas Pass *2024 !� Portl end Ingleside 2025-2034 p 2035 or later .Ingleside on tt e.. R b pawn ♦•; ♦ C♦orpiui risI • o • • Iscoll i ®MapTiler Q OpenSneetMap contributors Does the availability of housing units meet the needs of the population? According to the Comprehensive Housing Market Analysis completed by HUD,the rental vacancy rate was 12.2 percent in 2010 and has fallen to an estimated 6.8 percent as of 2021. Strong renter household growth contributed significantly to the absorption of vacant rental units and to the decline in the vacancy rate since 2010. During the 3-year forecast period, demand is expected for 1,750 additional rental units; the 550 units that were under construction are expected to meet a portion of that demand during the first year of the forecast. Likewise, the inventory of single- family home sales fell to a 1.9-month supply in December 2021, down from 2.5 months a year earlier. New and existing home sales increased 7 percent during 2021. During the 3-year forecast period, demand is estimated for 4,725 additional sales units; the 900 units under construction are expected to meet a portion of demand during the first year of the forecast period. CCHA has a waiting list of about 13,577 persons for its project-based units and a waiting list of around 3,264 persons for its Housing Choice Voucher program. This indicates an unmet need for affordable housing within the general population may exist. Consolidated Plan CORPUS CHRISTI 57 OMB Control No:2506-0117(exp.09/30/2021) Describe the need for specific types of housing: There is a need for safe, sanitary, accessible, and affordable housing throughout Corpus Christi and specifically for households between 0-50% of the area median income. CHAS data revealed that a significant proportion of households between 0-50%AMI experience one or more housing problems. While 51% of households between 0-30%AMI experience severe housing problems. Consolidated Plan CORPUS CHRISTI 58 OMB Control No:2506-0117(exp.09/30/2021) MA-15 Housing Market Analysis: Cost of Housing - 91.210(a) Introduction The Fair Market Rent (FMR) for a two-bedroom unit in Corpus Christi in 2023 is $1,262 per month. To avoid being cost burdened, a household needs to earn $4,206, per month, or roughly $26.29 per hour. A minimum wage worker in Corpus Christi earning $7.25 per hour needs to work in excess of 145 hours per week to afford a two-bedroom unit. The monthly Supplemental Security Income (SSI) payment is $914. Households for which this is the sole source of income can spend $274 monthly on housing (30% of their income), which is less than the FMR for both a one bedroom and two bedrooms. *The blank tables should have populated with HUD data when downloaded but they did not. Unfortunately, most of them provide data that can be obtained only through HUD--which is why HUD populates the templates.COSt Of Housing Base Year: 2009 Most Recent Year: 2017 %Change Median Home Value 100,200 125,000 25% Median Contract Rent 585 790 35% Table 26—Cost of Housing Data Source: 2000 Census(Base Year),2013-2017 ACS(Most Recent Year) Rent Paid Number % Less than $500 4,820 9.9 $500-999 22,116 45.4 $1,000-1,499 15,551 31.9 $1,500-1,999 4,494 9.2 $2,000 or more 1,784 3.6 Table 27-Rent Paid Data Source: 2013-2017 ACS DP04 Selected Housing Characteristics Housing Affordability Number of Units affordable to Renter Owner Households earning 30% HAM FI No Data 50% HAM FI 80% HAM FI 100% HAM FI I No Data Table 28—Housing Affordability Affordable Housing units for Homeowners and Renters based on Income Tier: Consolidated Plan CORPUS CHRISTI 59 OMB Control No:2506-0117(exp.09/30/2021) Owner 0-50%AMI 51-80%AMI 81-100%AMI 101%+AMI Households Affordable 29,783 17,930 6,370 8,509 Housing Units Renter 0-30%AM I 31-50%AM I 51-80%AM I 81%AM I Households Affordable 5,690 8,555 28,695 11,450 Housing Units Data Source:2013-2017 CHAS Data * Note that CHAS only shows 0-50%AMI for homeowners and 0-30%for renters on the lower end and 100%+AMI for owners and 80%+AMI for renters on the higher end. Monthly Rent Monthly Rent($) Efficiency(no 1 Bedroom 2 Bedroom 3 Bedroom 4 Bedroom bedroom) Fair Market Rent $950 $1,034 $1,262 $1,647 $1,927 High HOME Rent $860 $926 $ 1113 $ 1277 $1405 Low HOME Rent $ 678 1 $726 1 $872 $ 1007 $ 1123 Table 29—Monthly Rent Data Source: HUD FMR and HOME Rents 2023 Is there sufficient housing for households at all income levels? According to CHAS data, 32% of households in the City are cost burdened. Similarly, severe cost burden is defined as spending over 50% of household income on housing. In Corpus Christi, over 26.6% of households are severely cost burdened. These rates of cost burden indicate there is insufficient housing that is affordable for households at all income levels. How is affordability of housing likely to change considering changes to home values and/or rents? Between 2009 and 2017 the median home value and median contract rent in Corpus Christi increased by 25% and 35%, respectively, after adjusting for inflation. Over the same period, the median household income has increased by 7.3%. This means that housing has become less affordable over the past ten years since the rate of increase between income and housing has not grown in the same way. If these trends continue, then housing affordability will become an even higher barrier for more City residents. Consolidated Plan CORPUS CHRISTI 60 OMB Control No:2506-0117(exp.09/30/2021) How do HOME rents/ Fair Market Rent compare to Area Median Rent? How might this impact your strategy to produce or preserve affordable housing? The City's median contract rent ($790) is lower than the 2023 HOME fair market rent ($1,034)for a 1-bedroom apartment. This compares to an area median rent of $1,142 for a 1-bedroom apartment. This means that a household receiving a tenant-based rental subsidy should be able to afford most homes within Corpus Christi. However, this does not mean that the supply of median priced homes is sufficient to satisfy everyone receiving a subsidy. In fact, during stakeholder sessions, stakeholders described situations in which residents have a difficult time securing affordable housing for several reasons, including a lack of available affordable units or landlords' unwillingness to rent to voucher holders. As detailed above, housing costs in the City are increasing at a much faster rate than incomes. As housing construction and rehabilitation costs rise, it will be increasingly difficult to produce much needed affordable housing at an optimal rate. Consolidated Plan CORPUS CHRISTI 61 OMB Control No:2506-0117(exp.09/30/2021) MA-20 Housing Market Analysis: Condition of Housing— 91.210(a) Introduction The following data provides an overview of the condition of housing in Corpus Christi, particularly as it relates to housing that is or is in the process of becoming unsafe or obsolete. Compared to the nation overall, the City's housing stock is newer, with the majority of the housing stock built between 1950 and 1979. Although both owner and rental units may require rehabilitation from normal wear and tear, the need is slightly greater for renter-occupied units. This does not reflect on the affordability or availability of housing, however, especially given the City's rapid population growth. In addition, Hurricane Harvey damaged a significant number of older, affordable housing units. In addition, there was no available data on the condition of units. Therefore, data was supplemented using ACS Table S2504: PHYSICAL HOUSING CHARACTERISTICS FOR OCCUPIED HOUSING UNITS: COMPLETE FACILITIES. Definitions Standard Condition: No major structural defects; adequate plumbing and kitchen facilities; appearance which does not create a blighting influence; and the house meets additional, more stringent, local standards and building codes, including lead-based paint clearance. Substandard Condition but Suitable for Rehabilitation: The nature of the substandard condition makes rehabilitation both financially and structurally feasible. Housing Conditions: Condition of units is assessed using the same criteria as in the Needs Assessment. This includes: 1) lacks complete plumbing facilities, 2) lacks complete kitchen facilities, 3) more than one person per room, 4) cost burden (amount of income allocated to housing) is greater than 30%, and 5) complies with applicable building code standards. Condition of Units Condition of Units Owner-Occupied Renter-Occupied Number % Number % With complete plumbing 65,796 99.6 50,230 99.3 facilities With complete kitchen facilities 65,698 99.4 49,865 98.5 Table 30-Condition of Units Data Source: This table was supplemented with data from 2013-2017 ACS Table 5250 Physical Housing Characteristics for Occupied Housing Units:Complete Facilities Consolidated Plan CORPUS CHRISTI 62 OMB Control No:2506-0117(exp.09/30/2021) Year Unit Built Year Unit Built Owner-Occupied Renter-Occupied Number % Number % 2000 or later 11,199 17 8,932 18 1980-1999 17,971 27 14,675 29 1960-1979 17,078 26 15,421 30 Before 1959 19,823 30 11,580 23 Total 66,071 100 50,608 100 Table 31—Year Unit Built Data Source: 2013-2017 CHAS Supplemented with data from ACS 2013-2017 52504 Physical Characteristics of Occupied Housing Units Table 32—Risk of Lead-Based Paint Risk of Lead-Based Paint Hazard Risk of Lead-Based Paint Hazard Owner-Occupied Renter-Occupied Number % Number % Total Number of Units Built Before 1980. Housing units built before 1980 with children present Source: 2013-2017 ACS(Total Units)2013-2017 CHAS(Units with Children present).Note:data did not populate in HUD ConPlan template. Table 33-Vacant Units Vacant Units Suitable for Not Suitable for Total Rehabilitation Rehabilitation Vacant Units Abandoned Vacant Units REO Properties Abandoned REO Properties Note:data did not populate in HUD Con Plan template. Need for Owner and Rental Rehabilitation Older housing typically requires more continual maintenance. In the absence of routine maintenance, older housing can quickly become substandard. The common age threshold used to signal a potential deficiency is around 50 years or more.The age of the housing stock in Corpus Christi is slightly newer than the U.S. overall. Over 19.3% of the nation's overall housing stock was built before 1950; for Corpus Christi, 30% of owner-occupied units were built before 1959 and 23% of rental units. The need for owner-occupied and renter-occupied rehabilitation was frequently mentioned in stakeholder meetings. Many of the areas in the northern and western areas of the City, contain Consolidated Plan CORPUS CHRISTI 63 OMB Control No:2506-0117(exp.09/30/2021) numerous low-quality, dilapidated properties that are a safety hazard and decrease property values. Due to the rise in housing costs, many families are doubling-up in small units, creating safety hazards as well. Estimated Number of Housing Units Occupied by Low or Moderate Income Families with LBP Hazards Lead-based paint is widespread in housing. An estimated 64 million homes in the United States, of which 83 percent of the privately owned housing units built before 1980, have lead- based paint somewhere in the building. There are 56,079estimated number of housing units built prior to 1979 with lead-based paint in Corpus Christi. As part of the ConPlan and other sources of funds the City is working to address lead-based paint hazards. Consolidated Plan CORPUS CHRISTI 64 OMB Control No:2506-0117(exp.09/30/2021) MA-25 Public and Assisted Housing— 91.210(b) Introduction The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. CCHA completed converting all of its public housing units to RAD units in 2018. CCHA manages 1,100 Housing Choice vouchers and project- based vouchers. The agency also owns three apartment complexes built utilizing tax credit financing,with a total of 438 apartment units. These include Corban Townhomes, Seabreeze, and Hampton Port. CCHA is currently implementing a new project to focus on single-family housing rentals and sales. This concept identifies moderately priced, typically infill lots, to turn them into newly constructed homes for either rent or home ownership opportunities. Describe the supply of public housing developments: The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. Therefore, this section is not applicable. Describe the number and physical condition of public housing units in the jurisdiction, including those that are participating in an approved Public Housing Agency Plan: The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. Therefore, no public housing condition data is available. Describe the restoration and revitalization needs of public housing units in the jurisdiction: The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. Therefore, no public housing revitalization or restoration is needed. Describe the public housing agency's strategy for improving the living environment of low- and moderate-income families residing in public housing: The Corpus Christi Housing Authority's (CCHA) no longer owns public housing units. Consolidated Plan CORPUS CHRISTI 65 OMB Control No:2506-0117(exp.09/30/2021) MA-30 Homeless Facilities and Services — 91.210(c) Introduction The following data was compiled from the Housing Issues Partnership, Inc. (HIP) from the Texas Homeless Network's (THN) Housing Inventory County (HIC) report for 2023. Facilities and Housing Targeted to Homeless Households Emergency Shelter Beds Transitional Permanent Supportive Housing Beds Housing Beds Year Round Voucher/ Current& Current& Under Beds Seasonal/ New New Development (Current& Overflow New) Beds Households with 139 0 34 2 0 Adult(s) and Child(ren) Households with Only 214 120 74 155 0 Adults Chronically Homeless 0 0 0 7 0 Households Veterans 0 0 10 146 0 Unaccompanied Youth 0 0 0 0 0 Table 34-Facilities and Housing Targeted to Homeless Households Describe mainstream services, such as health, mental health, and employment services to the extent those services are use to complement services targeted to homeless persons Corpus Christi has a wide range of service providers that offer mainstream services to the homeless, in addition to other persons in the community. These facilities and programs address housing and service needs of homeless individuals and families by offering beds and a variety of much needed services. Contained within this group of programs are emergency shelters, transitional and permanent housing, drug treatment programs, services for victims of domestic violence, mental health treatment, healthcare, and numerous associated services that attempt to address the continuum of needs of homeless persons. In addition, a Resource Fair is held in the fall to provide both sheltered and unsheltered individuals and families with social service information and appointments are generally setup for these services. City leaders are invited to participate. The City and the Homeless Issues Partnership, Inc. (HIP) have also continued with the development and issuance of "Resource Cards" to all homeless persons which has a directory of service providers and services offered in the community. Corpus Christi Police Department, along with non-profit and public organizations, also utilizes resource cards with service and emergency information for the Consolidated Plan CORPUS CHRISTI 66 OMB Control No:2506-0117(exp.09/30/2021) homeless on the streets. Through the Coordinated Entry System (CES) program a central point to determine the housing and social service needs of homeless persons has been provided. The Salvation Army has taken the lead in the effort to CES is designed to account for the diversity of needs of people experiencing homelessness, urgently responds to these needs with permanent housing solutions, and successfully incorporates the housing, healthcare, and employment systems. List and describe services and facilities that meet the needs of homeless persons, particularly chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth. If the services and facilities are listed on screen SP-40 Institutional Delivery Structure or screen MA-35 Special Needs Facilities and Services, describe how these facilities and services specifically address the needs of these populations. The following is a summary of the targeted and main-stream services available to homeless persons in the Corpus Christi area: • South Texas Homeless Health Care for Veterans - Healthcare for Homeless Veterans • Coastal Bend Alcohol and Drug Rehab Center (Charlie's Place) - HCHV Sunrise Recovery House The following is a list of facilities available to homeless persons in the Corpus Christi area: Emergency/Transitional/Permanent Supportive Housing: • Ark Assessment Center - Emergency Shelter • Corpus Christi Hope House - Emergency Shelter • Corpus Christi Metro Ministry- Rainbow House & Rustic House - Emergency Shelter and Transitional Housing • First Presbyterian Church of Robstown - Emergency Shelter • Good Samaritan Rescue Mission - Emergency Shelter and Permanent Housing • Home Sweet Home - Emergency Shelter and Transitional Housing • Mission 911 Rescue Shelter - Emergency Shelter and Transitional Housing • New Life Fellowship Victory Home - Emergency Shelter • Search for Truth - Emergency Shelter • The Salvation Army- Emergency Shelter, HCHV Project Bridge for Singles, Project Bridge for Families • Timon's Ministry - Emergency Shelter • Women's Shelter of South Texas - Housing for Victims of Domestic Violence • Family Endeavors—Shelter and Social Services • Catholic Charities • Metro Ministries Consolidated Plan CORPUS CHRISTI 67 OMB Control No:2506-0117(exp.09/30/2021) MA-35 Special Needs Facilities and Services — 91.210(d) Introduction The special needs population includes individuals having mobility impairments, disabilities, or that require supportive services.Typically,this population has severe or persistent mental illness, development and/or physical disabilities. Several organizations provide facilities and services for special needs populations in Corpus Christi. Including the elderly, frail elderly, persons with disabilities (mental, physical, developmental), persons with alcohol or other drug addictions, persons with HIV/AIDS and their families, public housing residents and any other categories the jurisdiction may specify, and describe their supportive housing needs Supportive housing is defined as living units that provide a planned services component with access to a wide range of services needed for the resident to achieve personal goals. Various populations with special needs require supportive housing. For some individuals, supportive housing is needed because they are unable to undertake the activities of daily living without assistance.The specific needs of local special needs subpopulations are described in NA-45, Non- Homeless Special Needs Assessment. Meetings stakeholders from several social service agencies highlighted many of the same issues facing those with special needs: • It's difficult to find decent, affordable housing • Multiple issues often exist: drug addiction, mental health problems, etc. • Transportation is a problem — lack of density limits walkability • Finding ADA accessible housing units Describe programs for ensuring that persons returning from mental and physical health institutions receive appropriate supportive housing Corpus Christi's coordinated entry system for homeless services is designed to ensure that all individuals within the homeless system, including those leaving institutional care, are directed to suitable housing options. The City and HIP are jointly exploring a supportive housing model that would address the need for housing for persons discharged from institutions, including hospitals. With the mandatory requirement of Coordinated Entry, this process has been streamlined. If a person is being discharged from a location and discharge planning is not fully done, the receiving agency understands to redirect the person to the Coordinated Entry entry-point. An alternative action is to have the Coordinated Entry person travel to the receiving agency or shelter for a full assessment of their housing needs. This approach seems to be the best as the data is entered Consolidated Plan CORPUS CHRISTI 68 OMB Control No:2506-0117(exp.09/30/2021) into HMIS and social service providers can access the file to provide the best social services required for the person(s). Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. 91.315(e) In FY 2023, the City will continue funding housing rehabilitation and emergency repair programs that work with the elderly, among other populations, in an attempt to maintain their home so they can continue to reside there. As a homeowner age he/she is often unable to continue to provide the maintenance needed to keep the home habitable. The City's programs work with those homeowners to address pressing issues that arise, such as roof leaks or plumbing failures, and also more extensive rehabilitation needed to bring a home completely up to current building code. For entitlement/consortia grantees: Specify the activities that the jurisdiction plans to undertake during the next year to address the housing and supportive services needs identified in accordance with 91.215(e) with respect to persons who are not homeless but have other special needs. Link to one-year goals. (91.220(2)) See response above. Consolidated Plan CORPUS CHRISTI 69 OMB Control No:2506-0117(exp.09/30/2021) MA-40 Barriers to Affordable Housing— 91.210(e) Negative Effects of Public Policies on Affordable Housing and Residential Investment During the 2018,the City updated its locally approved Affirmatively Fair Housing (AFH) document the following issues were identified as public policy contributing factors: • Lack of local private fair housing outreach and enforcement • Lack of local public fair housing enforcement • Lack of resources for fair housing agencies and organizations • Lack of state or local fair housing laws • Unresolved violations of fair housing or civil rights law Consolidated Plan CORPUS CHRISTI 70 OMB Control No:2506-0117(exp.09/30/2021) MA-45 Non-Housing Community Development Assets — 91.215 (f) Introduction The U.S. Economic Development Administration requires each of its Economic Development Districts to develop a plan every five years as a roadmap for regional economic development. Corpus Christi is a part of the 11-county region of Coastal Bend, the newly developed CEDS for 2021-2026 is an outcome of year-long discussions among committee members, who represent different sectors of the region. The CEDS identified the following key industries in the Coastal Bend: • Oil and Gas • Construction • Government • Hospitality Healthcare Labor Force Total Population in the Civilian Labor Force 160,848 Civilian Employed Population 16 years and 150,345 over Unemployment Rate 5.6% Unemployment Rate for Ages 16-24 36.6% Data Source: 2013-2017 ACS Table 35—Occupations by Sector Occupations by Sector Number of People Management, business and financial 16,161 Farming, fisheries and forestry occupations 252 Service 32,403 Sales and office 37,099 Construction, extraction, maintenance and 18,876 repair Production,transportation and material 17,403 moving Data Source: 2013-2017 ACS Consolidated Plan CORPUS CHRISTI 71 OMB Control No:2506-0117(exp.09/30/2021) Travel Time Travel Time Number Percentage < 30 Minutes 87% 30-59 Minutes 10.4% 60 or More Minutes 2.5% Total 100 Table 36-Travel Time Data Source: 2013-2017 ACS Commuting Characteristics Education: Educational Attainment by Employment Status (Population 25 and Over) Educational Attainment In Labor Force Not in Labor Force Less than high school graduate 17,229 18,983 High school graduate (includes 60,582 22,015 equivalency) Some college or Associate's degree 47,403 19,967 Bachelor's degree or higher 33,309 11,437 Table 37-Educational Attainment by Employment Status Data Source: 2013-2017 ACS Educational Attainment by Age Age 18-24 yrs 25-34 yrs 35-44 yrs 45-65 yrs 65+yrs Less than high school 4,568 n/a n/a n/a n/a graduate High school graduate, 11,431 42,620 34,496 77,834 31,594 GED, or alternative Some college or 14,522 n/a n/a n/a n/a Associate's degree Bachelor's degree or 2,619 10,044 9,145 63,988 9,091 higher Table 38-Educational Attainment by Age Educational Attainment— Median Earnings in the Past 12 Months Educational Attainment Median Earnings in the Past 12 Months Less than high school graduate $20,260 High school graduate (includes equivalency) $28,588 Some college or Associate's degree $35,138 Bachelor's degree $50,282 Graduate or professional degree $61,655 Table 39—Median Earnings in the Past 12 Months Data Source: 2013-2017 ACS Consolidated Plan CORPUS CHRISTI 72 OMB Control No:2506-0117(exp.09/30/2021) Based on the Business Activity table above, what are the major employment sectors within your jurisdiction? Data is unavailable from the business activity table provided by HUD. Information from the CEDS report has been supplemented in its place. The major employment sectors in Coastal Bend are as following: • Oil and Gas • Construction • Government • Hospitality • Healthcare The table below shows the individual community profile for Nueces County. Consolidated Plan CORPUS CHRISTI 73 OMB Control No:2506-0117(exp.09/30/2021) Nueces County Socioeconomic Profile Nueces County Socioeconomic Profile Age Distribution(^io Total Population) Poverty Level(%Population) Race/Ethnicity Distribution(%Total Population) Nueces u.5. Nueces(16.51.) u.5.(10-5%) 100% • White.Non-Hispanic 6% . Hlspanic,Whire unser 5 years �� 80% • Black 10 co 14 tears gsan 60% • gmencan Indian 3a mar: Median Household Income • m Myears � Nueces • U.S. a0% Omer 50 54 11 1. ZO% 9 ars ye rz&ove 0% Educational Attainment by Level(%Population Aged 25 vests&Older) Population Trend Nueces U.S. saoK Less Than 9th Grade 9N Grade to 12th Grate 320K ,gh snool Dipwma some College 300 Associates Degree 280 Bachelors Degree Graauaee degree ane Higher 250 5 .0 15 to 25 30 K 1�h8 8 18.LcP l�tib ti . ti '. ti 1 v 2 1 2 t Economic Composition by Sector Unemployment Trend(%) uvea � us. $aLes($M) Employment 15 4" to MMM101 '.ao`P'.°o��'". '�w°e` .,+°e°�P9`.» P9`'»Ade`���e`'o-a'�oe.,P9`',,,°tiy,`.R`:�°-o,`~� Describe the workforce and infrastructure needs of the business community: Within Coastal Bend, the Corpus Christi International Airport offers full commercial services. The region is also served by local airports and assets. The Port of Corpus Christi is the third largest U.S. seaport by tonnage and is well positioned to take advantage of the increased traffic through the newly expanded Panama Canal and opening of trade opportunities with South America. The Port has continued to grow due to a 50-year ban on crude oil exports being lifted in 2015, emerging as the nation's top crude oil exporter in early 2020. Along with expansion in oil and gas export infrastructure, the Coastal Bend was able to attract the development of industrial manufacturing plants that use oil and gas as feedstock or energy, including a $10 billion Exxon-Mobil/SABIC plastics plant and a $1.9 billion Steel Dynamics steel mill. In addition, Cheniere Energy Inc.'s $20 billion LNG facility yielded a significant number of local permanent jobs since opening in 2018. The development of these industrial facilities expanded the region's manufacturing sector and accompanying requirements for a skilled workforce. Consolidated Plan CORPUS CHRISTI 74 OMB Control No:2506-0117(exp.09/30/2021) The SWOT analysis in the CEDS report identified meeting workforce needs of new large employers and preparing workforce for specialized high paying jobs as a strategic need of the region. To address this need the CEDS report created a goal to promote workforce agility. Regional workforce development is needed to support a growing, competitive and resilient economy. CEDS aims to focus on building a trained, educated, highly skilled and diversified workforce to support alignment of workforce activities throughout the region, including through new partnerships for expanded community outreach. The goals and strategies section of the CEDS report also identified a goal to strengthen resilient infrastructure investments. This goal aims to strengthen and expand physical and digital infrastructure in the Coastal Bend Region. CEDS entities plan to support cooperative and regional planning on issues related to broadband, water resources, energy, housing, transportation connectivity, supply chains, land use, storm water management and more, especially considering infrastructure assets in light of climate and environmental change, e.g., increased intensity or frequency of hurricanes, flooding and drought. Describe any major changes that may have an economic impact, such as planned local or regional public or private sector investments or initiatives that have affected or may affect job and business growth opportunities during the planning period. Describe any needs for workforce development, business support or infrastructure these changes may create. The Corpus Christi Regional Economic Development Corporation developed the 2022 Annual Report to report on regional investments. As part of the report a targeted industry study was completed. The study shares what industries the CCREDC is targeting to invest in the region. The targeted sectors are as following: • Energy • Chemical • Steel/Metal Fabrication • Manufacturing • UAS/Drone Aerospace Several recent investments were made to help grow these targeted industries. • $4 million from the Corpus Christi Type B Incentive Fund for new downtown command center for Lone Star UAS Center TAMU-CC-downtown command center (drones). This will diversify the economy and establish Corpus Christi as a center for drone testing and innovation. The goal is to get companies to locate in Corpus Christi to earn FAA certification for their drone platforms and drone crews. • $2 million-Type A-TAM U-CC-Civil/Iindustrial Energy Program at TAM U-CC (energy) Consolidated Plan CORPUS CHRISTI 75 OMB Control No:2506-0117(exp.09/30/2021) • $2 million TAMU-CC-Electrical Engineering Program at TAMU-CC (electrical/advanced manufacturing) • $4.0 Process Technology Program-Del Mar College (chemical processing) Workforce development will be needed to help keep the local workforce up to date with the most recent skill sets that will be needed to obtain the jobs that will be created from these programs. Another important study done by the CCREDC is the 2022 Business Retention and Expansion Report. This report connects with businesses to better understand their needs. Data is collected from interviews conducted with CCREDC staff, existing businesses, owners, and human resource managers in Corpus Christi. Interviews were held with industry representatives from Oil & Gas, Contractors, Manufacturing, Fabricated Metal Product Manufacturing, and Professional Services. These industry leaders noted that the top business challenges post Covid-19 were: • Supply Chain - 63% of businesses experienced supplier disruptions that affected their business. • Workforce —29% of businesses lost or were at risk of losing high value employees. • Inflation — 53% of businesses indicated that their key products' market share was stable or increasing. The top requested assistance amongst businesses were: • Employee-training programs • Grant funding for specialized workforce training • Supply chain assistance. It can be noted that workforce/employee training is an important and growing need of the Corpus Christi business community. The City of Corpus Christi is working to address this concern by making workforce training one of its top priorities of the 2023-2027 Consolidated Plan. How do the skills and education of the current workforce correspond to employment opportunities in the jurisdiction? The CEDS report identified a strategic need for workforce training for big businesses that come into the region. These jobs may require a more specialized and skilled workforce. Workforce training will be needed to help prepare individuals for employment opportunities coming to the area. Consolidated Plan CORPUS CHRISTI 76 OMB Control No:2506-0117(exp.09/30/2021) Describe any current workforce training initiatives, including those supported by Workforce Investment Boards, community colleges and other organizations. Describe how these efforts will support the jurisdiction's Consolidated Plan. Workforce Solutions of Coastal Bend provides no cost workforce training for job seekers or those wanting to improve their skills for better paying jobs. Does your jurisdiction participate in a Comprehensive Economic Development Strategy (CEDS)? The city of Corpus Christi participated in the Coastal Bend Economic Development CEDS completed in 2021. If so, what economic development initiatives are you undertaking that may be coordinated with the Consolidated Plan? If not, describe other local/regional plans or initiatives that impact economic growth. The City plans on providing public service programs, over the next five years, related to healthy outcomes for LMI persons and households in the form of job training and employment skills enhancement programs. Discussion Consolidated Plan CORPUS CHRISTI 77 OMB Control No:2506-0117(exp.09/30/2021) MA-50 Needs and Market Analysis Discussion Are there areas where households with multiple housing problems are concentrated? (include a definition of "concentration") The U.S. Department of Housing and Urban Development (HUD) defines a racially or ethnically concentrated area of poverty (R/ECAP) as an area that has a majority Non-White population and a poverty rate that is either above 40 percent or three times the regional average. The HUD Map, provided on the following page, shows the location of the three census tracts that are R/ECAPs in the City of Corpus Christi. These are tracts 11, 15 (located in the center of the city north of Horne Road and east of Airport Road), and tract 33.05 (located around Glen Arbor Park between Holly Road, Padre Island, Staples Street, and Airline Road). During the (December 2017) Assessment of Fair Housing (AFH) in the disproportionate housing needs section of the document.These geographic areas of Corpus Christi where identified to have highly concentrated housing problems, such as cost burden, overcrowding, or substandard housing. These areas are the north-central and northeast areas of the city. The north-central area includes several neighborhoods designated as Racially or Ethnically Concentrated Areas of Poverty (R/ECAPs). Consolidated Plan CORPUS CHRISTI 78 OMB Control No:2506-0117(exp.09/30/2021) Map 1: Corpus Christi 2021 RE/CAPS Map G o p J � Rdh wows I�Illil.III "i II Ik � - I m t [ . y f :Iei k iii 1i ; 1 G Corpus Christi Assessment of Fair Housing R=APS,2621 Census Tract Sources:Es HERE.Garm�jUSGS.Inlerfi�,INCREMENT P,NRCan.Esri Jnpan.METI,Esri Ch- [Hang M1Cong),Esri Korea,Fdsn alland1.NGCC,[c1 Open'- Wh p contlb,tors,aN the GI8 User Community Are there any areas in the jurisdiction where racial or ethnic minorities or low-income families are concentrated? (include a definition of "concentration") R/ECAPS are areas of a city that has a majority Non-White population and poverty rate that is either above 40 percent or three times the regional average. In 2021 AFFH maps were developed from HUD that indicate that three areas of Corpus Christi are defined as R/ECAPS. R/ECAPS in Corpus Christi have a much higher proportion of Hispanic residents (80 percent) than in the City of Corpus Christi and the Corpus Christi region (Nueces and San Patricio counties). The R/ECAPS also have a higher percentage of Black residents than in the jurisdiction and region. The highest concentrations of homeowners are in the west-central, central, and southeast areas of the city. The west-central and central areas are relatively segregated and include mostly Hispanic residents, while the southeast part of the city is relatively integrated, including Non- Hispanic White, Hispanic, and Black residents. Consolidated Plan CORPUS CHRISTI 79 OMB Control No:2506-0117(exp.09/30/2021) The areas with the highest concentration of renters (the lowest percentage of homeowners) are the north-central area and the northeast corner of the city, both of which are relatively segregated. The north-central area, which includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) on HUD maps, has mostly Hispanic residents, while the northeast corner of the city has mostly Non-Hispanic White residents. According to the AFH data, as shown in HUD Map 6.1 on the following page, the areas with the highest concentration of housing burden in Corpus Christi are the north-central, west-central, and northeast areas of the city. The north-central area includes several neighborhoods designated as racially or ethnically concentrated areas of poverty (R/ECAPs) due to their high concentrations of Hispanic and Black residents and the fact that at least 40 percent of residents are below the federal poverty line. Map 2: Corpus Christi 2021 RE/CAPS Map D d Air arrsx;Pas, On ° o P ialarl InglesiUe A�. Q r C o ya" ra ; I Ro'h dawn �..._ �r• r s // lS "1' / u � Corpus Christi Assessment of Fair Housing 0 R!ECAPs21121 8 Sources'Es HERE.Garm �l1SG5,Interfiap,INCREMENT P,NRCan,Esri Japan,METI,Esri China Census Tract (Hang Kong),Es'n Knrea,Fdsn f holland},NGGC.(c)UWn3. LMaP contributors,and the GIS Je Community Consolidated Plan CORPUS CHRISTI 80 OMB Control No:2506-0117(exp.09/30/2021) Map 3: Corpus Christi Poverty Rate in 2021 a el a a Rehstawh „. PetronVla f o I , i' Chaprna„k.r. h rr Corpus Christi Assessment of Fair Housing Poverty Rate,2021 4 —than 40% SourcesEs.HERE.G—qm USGS.IrSerPrap,INCREMENT P,NRCan,Esri Japarr.METI,Esri China 4b%or more (Hong Kong)',Esn Korea,Esri ljhailand) GCC.(c)OpeMkreetMap cortlnbutors,and the GIS User Community What are the characteristics of the market in these areas/neighborhoods? The northern and western areas of the City tend to have high exposure to poverty, less access to proficient schools, lower labor market engagement, and less access to environmentally healthy neighborhoods. Are there any community assets in these areas/neighborhoods? These areas do have community assets, including community and senior centers, parks, and other public facilities. The international airport is located within a CDBG area benefit census tract, as are some petroleum refineries and other large employers. Are there other strategic opportunities in any of these areas? Consolidated Plan CORPUS CHRISTI 81 OMB Control No:2506-0117(exp.09/30/2021) Strategic opportunities in these areas could include vacant land that could be used for infill affordable housing and proximity to job opportunities in the industrial corridor along Nueces Bay and the downtown area. HUED flap 6.1 Housing Burden and Ra(ef Ethnicity rI . . '�fe P v rc N[iKlwry PM1" . p^,d„ rc.11ywvJ.Nmr1'eyurr. crt�yIRW 'fY I_I •�' � F'Yk _vee v:narcorowcwry 6s.mtev, HUD Map 6.2 Housing Burden and National Origin r. �.ve�ne�sw�u,e.eNn v} h Consolidated Plan CORPUS CHRISTI 82 OMB Control No:2506-0117(exp.09/30/2021) Jurisdiction y Region 6cmographioa 2010 • '........ 1 Dol=F.G People • • ,� ^•'r •. h !'.� r,` Mite,NorHItspturie s i•�N 3iitr Amerir.an Non- . iioill.m • , r' ... kp" ` ARanvPfrrOo Lsder.Nan- ' .° •• '•K- a �.'tF. ., `"WHIG ,�rP !r, r•. �its; FistV • .. i s�'� r�. ��Olhec,Nm-Rnparric MuAi-radal,Nor14 ispark " , * _r• TRACT RIECAP MA-60 Broadband Needs of Housing occupied by Low- and Moderate-Income Households - 91.210(a)(4), 91.310(a)(2) Describe the need for broadband wiring and connections for households, including low- and moderate-income households and neighborhoods. According to the FCC National Broadband Map 100% of Corpus Christi has access to both fixed and mobile broadband. Consolidated Plan CORPUS CHRISTI 83 OMB Control No:2506-0117(exp.09/30/2021) Map 4: Nueces County,TX FCC National Broadband Map, 2022 - Fixed and Mobile Broadband C—.rr—i— FCC National Broadband Map Home Location summary Provider Detail Area Summary Data DovmII About Broadband Funding Map 13 + ",tagano County– Nueces County,TX � raamm Lake ry F Y Nueces County,TX 0 5 O „ Broadband >� Data AS Of Dec31,2022(Last Updated:5/24/23) Fixed 4 Aran �' Type Residential K OG L tl �I Technology Any Technology Speed 25/3 Mbps or greater rtAransas. P.[[.Coverage Threshold >0 nquete Mobile ft b tow i"'i Corpus CRP CDrPDS Christi Bay Envn nment Outdoor Stationary Technology Any Technology Cr Pa..Coverage Threshold >0 Y } �Briseou r Map Legend Zocor eves:9.04 ` � \� 'I Fixed Broadband Y > Moble Broadband '-t A - �. ,�n„r rorw�s�.tnna„tm,..,,,,.«n��-a., �Fxed and Mobile Broadband Describe the need for increased competition by having more than one broadband Internet service provider serve the jurisdiction. Using the FCC National Broadband Map, the percentage of units covered by Verizon Communications, AT&T Inc. and T-Mobile USA Inc. in Corpus Christi were examined to show how many units were covered by each group. T-Mobile covered 80.10% of units while AT&T and Verizon covered 1% of units combined. There is a great need for increased competition of broadband internet service providers. More competition allows for better prices for services and more internet options that meet the needs of residents in Corpus Christi. Consolidated Plan CORPUS CHRISTI 84 OMB Control No:2506-0117(exp.09/30/2021) Map 5: Nueces County, TX FCC National Broadband Map, 2022: Service Providers by Units With Coverage C.ormuni—ti.r. FCC National Broadband Map FCC G"o1m`m',s'Aon Home Location Summary Provider Detail Data;D—i About Broadband Funding Map M + Killeen ',�p Selected Providers Type Residential College Station Speed 0.2/0.2 Mbps or greater Austin Lake Oharle Pct`Coverage Threshold >G O The Wootllantls Beaumont Data AS Of Dec 31,2022 Boo Updated:5/24/23) Houston Provider Technology Action - a.aaa A,�sa Verizon Communications Inc. Licensed Fixed Wireless O a San Antonio - AT&T Inc. Licensed Fixed Wireless p x Piedras Negras T-Mobile USA,Inc. Licensed Fixed Wireless r. 80.10'.coveaae Percentage of Units with Coverage ]G COAHUILA Nuevo Laredo 60 50 40 3G 20 Reynosa 10 Matamoros Zoom Level:5.99 Monterrey 5al[illo Verizon Communi... AT&T lnc T-Mobile USA.I... —Sr-- rnic man Licensetl F-d Li r.d Fixed Licensed Fixed Consolidated Plan CORPUS CHRISTI 85 OMB Control No:2506-0117(exp.09/30/2021) MA-65 Hazard Mitigation - 91.210(a)(5), 91.310(a)(3) Describe the jurisdiction's increased natural hazard risks associated with climate change. In 2017 a multi-jurisdictional hazard mitigation plan was formulated for Nueces County. The plan identified 14 hazards which were identified from input from Planning team members. The planning team was made up of a representative from each participating jurisdiction in the county. The following hazards were identified in the hazard mitigation plan: • Hurricanes/Tropical Storms • Flood • Drought • Windstorms • Extreme Heat • Lightning • Coastal Erosion • Tornado • Hailstorm • Expansive Soils • Dam Failure • Land Subsidence • Wildfire • Severe Winter Storms Corpus Christi is designated as a HUD Climate Community in 2023. The community is experiencing a variety of climate hazards with escalating risks due in part to its location along the Gulf Coast. Hurricane Harvey had a severe impact on Corpus Christi and as a result. Additionally, like other Texas communities, Corpus Christi was unprepared for Winter Storm Uri, which left many of the coastal community's pier and beam homes damaged by burst pipes and flooding water heaters with little to no insulation, no functioning toilets, nor alternative heat sources. Many of these households lacked insurance. Flood insurance costs escalated with FEMA remapping. Windstorm insurance also escalated given recent hurricane activity. While the community is still recovering from these acute weather events, the city is also grappling with an ongoing drought, coastal erosion, and routine heat advisories that are placing sustained pressure on vulnerable groups and on Corpus Christi's aging infrastructure. Describe the vulnerability to these risks of housing occupied by low-and moderate-income households based on an analysis of data, findings, and methods. There is currently no data available to support findings of increased natural hazard risks on housing occupied by low- and moderate-income households. However, the City plans to address these issues as part of their work as a designated HUD climate community. Consolidated Plan CORPUS CHRISTI 86 OMB Control No:2506-0117(exp.09/30/2021) Strategic Plan SP-05 Overview Strategic Plan Overview The purpose of the Strategic Plan is to guide the use of CDBG, HOME, and ESG funds in Corpus Christi over the next five years. The highest priorities include the following: • Affordable Housing Initiative: o Housing Rehabilitation o Homebuyer Program o Emergency Housing Repair Program • Public Infrastructure Improvements: accessibility improvements (streets, sidewalks, curbs), and parks • Support homeless efforts: provide funding for operational support to shelters and provide funding for public services aimed at addressing homelessness. • Public services: provide funding for public services related to healthy outcomes for LMI persons/households. • Public Facility Improvements: Improvements to parks and recreational facilities that provide programs and activities that promote healthy outcomes in LMI areas. Geographic Priorities The City will focus the majority of funds in the defined LMI areas. Influence of Market Conditions An inadequate supply of affordable housing, in addition to the high cost of housing in the City - for low-income persons (paying more than 30% of household income for housing), is the major housing problem in the area. Anticipated Resources The City anticipates receiving $2,663,378 in CDBG entitlement funding, $1,352,610 in HOME funds, and $235,549 in ESG funds in FY 2024. Institutional Delivery Structure The City relies on a network of public sector, private sector, and non-profit organizations to implement the Strategic Plan, particularly to address homelessness and special needs. Consolidated Plan CORPUS CHRISTI 87 OMB Control No:2506-0117(exp.09/30/2021) Goals See SP-45. Public Housing The City will continue to support the efforts of the housing authority to supply affordable housing to area residents. Barriers to Affordable Housing In late 2017, the City of Corpus Christi completed its Assessment of Fair Housing (AFH). The City will continue to use the recommendations from the AFH as a tool for policy decisions. Homelessness Strategy The City works closely with the Homeless Issues Partnership, Inc. (HIP) to address housing and services for homeless individuals and families, including veterans, those with special needs, the disabled, HIV/AIDS, and victims of domestic violence in Corpus Christi. Lead-based Paint Hazards According to 2017 ACS data, there are 56,079 estimated number of housing units built prior to 1979. Many of these units may cause lead-based paint hazards. Anti-Poverty Strategy The City's efforts to address poverty are based on partnerships with other organizations that are involved in working to address the underlying causes of poverty. The City will continue to leverage its existing CDBG, HOME, and ESG allocations with other resources, including local, state, and federal, in addition to private funds, to address the issue of poverty. Consolidated Plan CORPUS CHRISTI 88 OMB Control No:2506-0117(exp.09/30/2021) SP-10 Geographic Priorities - 91.415, 91.215(a)(1) Geographic Area 1 Area Name: CDBG Low/Mod Tracts Area Type: CDFI area Other Target Area Description: HUD Approval Date: of Low/ Mod: 80 Revital Type: Other Other Revital Description: CDBG Eligible Areas Identify the neighborhood boundaries for The boundaries of this geographic area this target area. coincide with the boundaries of the census tracts which have been identified through examination of 2010 U.S. Census data as having median incomes below 80 percent of the area median income. These tracts are located primarily in the northern parts of the city and include tracts 3, 4, 5, 7, 8, 9, 10, 11, 12, 13, 15, 16.01, 16.02, 17, and 50. Include specific housing and commercial The housing in these census tracts are among characteristics of this target area. the oldest housing stock in the city and among the poorest condition. Commercial and industrial interests include petroleum refining facilities, portions of downtown Corpus Christi, port facilities, and small retail strips scattered throughout the area. The area also includes the site of the international airport. How did your consultation and citizen This area was selected as a target area in participation process help you to identify compliance with CDBG regulations. this neighborhood as a target area? Identify the needs in this target area. The needs of this target area following the general needs described in the needs assessment. The target area is home to the poorest households in Corpus Christi, living in mostly older housing stock. Many of the community's homeless and service providers are located within the target area. Housing rental assistance, housing rehabilitation, housing demolition, code enforcement, facility improvements, street and sidewalk improvements, and social services are all needed within the area. Residents need Consolidated Plan CORPUS CHRISTI 89 OMB Control No:2506-0117(exp.09/30/2021) educational opportunities, employment opportunities, mortgage loan assistance, emergency housing options, and a wide variety of services to help them combat poverty and improvement their living conditions. What are the opportunities for Code enforcement activities are funded improvement in this target area? through the CDBG program and are focused on residential neighborhoods in the target area and these activities provide cases that eventually end up in the demolition program. Elimination of older, dilapidated housing stock makes room for new housing construction in those areas where there are no environmental concerns. Consolidated Plan CORPUS CHRISTI 90 OMB Control No:2506-0117(exp.09/30/2021) SP-25 Priority Needs - 91.415, 91.215(a)(2) Priority Needs The following is a framework for priorities, needs and goals to address the City's identified needs during the next five years. The final determination on funded activities will occur during the review process for the prioritization of projects. The priorities presented were developed by: • Weighing the severity of the need among all groups and sub-groups • Analyzing current social, housing, and economic conditions • Analyzing the relative needs of low-and moderate-income families • Assessing the resources likely to be available over the next five years, and • Evaluating input from focus group sessions, public input, stakeholder interviews, service provider surveys, City department staff and public hearings. Priorities were established using the following definitions: • High priorities are those activities that will be considered first for funding with CDBG resources. • Low priorities are those activities that will be considered after high-priority projects if CDBG resources are available. Low priority activities are still important and are not meant to be understood as being unnecessary in the City. The City has identified a limited number of priorities to provide a focus for activities that will be funded in the next five years. If additional funding becomes available, low priority activities will be considered. For projects that address a high priority need, the City will base funding decisions on the capacity and past performance of the sub-recipient, the type of project,the potential to leverage federal funds with other resources,the anticipated impact of the project and the reasonableness of the proposed budget and timeline for completion. Once projects that address high priorities are acted upon, the City will then review projects and activities to meet low priorities. Consolidated Plan CORPUS CHRISTI 91 OMB Control No:2506-0117(exp.09/30/2021) Priority Need Name Priority Population -.a-- Goals Addressing Increase and High Extremely Low Affordable Housing Maintain Low Affordable Housing Moderate Large Families Families with Children Elderly Chronic Homelessness Individuals Families with Children Veterans Public Facility High Extremely Low Public Facility Improvements including Improvements Low parks and recreation,youth centers, Moderate neighborhood facilities,and accessibility Large Families improvements Families with Children Elderly Public High Extremely Low Public Infrastructure Improvements Infrastructure Low including curb/sidewalk improvements and Improvements Moderate related accessibility improvements. Large Families Families with Children Elderly Address High Chronic Homelessness Homeless Services and Housing Homelessness Individuals Homeless Families with Children Mentally III Chronic Substance Abuse Veterans Homeless Persons with HIV/AIDS Victims of Domestic Violence Unaccompanied Youth Public Services High Extremely Low Public Services Low Moderate Administration and High Low Administration and Planning Planning Moderate Large Families Families with Children Public Housing Residents Chronic Homelessness Individuals Mentally III Chronic Substance Abuse Veterans Persons with HIV/AIDS Victims of Domestic Violence Consolidated Plan CORPUS CHRISTI 92 OMB Control No:2506-0117(exp.09/30/2021) SP-30 Influence of Market Conditions — 91.215 (b) Influence of Market Conditions Affordable Housing Type Market Characteristics that will influence the use of funds available for housing type Tenant Based Rental As shown in the Needs Assessment and Market Assessment, there is Assistance (TBRA) need for rental housing assistance throughout the City. The housing market does not provide a sufficient amount of affordable housing to meet the needs of all the households that require it. TBRA for Non-Homeless As shown in the Needs Assessment and Market Analysis, as well as Special Needs feedback from stakeholder interviews, there is need for non-homeless special needs rental housing assistance throughout the City. The City's housing market does not provide sufficient affordable, accessible rental housing to elderly and non-elderly persons with disabilities or supportive housing for persons with HIV/AIDS, persons with substance abuse and mental health diagnoses, domestic violence victims, the elderly and persons with disabilities. New Unit Production There is a substantial need for affordable housing in Corpus Christi. The housing stock is old and there are few new developments in general and specifically that can meet the needs of low-and moderate-income households and households with a person with a disability. The City will continue to support efforts to increase the supply of single family and multi-family affordable housing units by both private sector and public sector entities. Rehabilitation Owner-occupied rehabilitation assistance is an effective way to preserve the City's affordable housing inventory, particularly if the market value of the home is such that the cost and extent of rehabilitation does not exceed the value that can be achieved. The housing stock is deteriorating/deteriorated. Rehabilitation efforts should also include the ability to make upgrades to the home to allow for aging in place as well as provide for lead/asbestos abatement. Demolition/Reconstruction Owner-occupied homes where the cost and extent of rehabilitation exceed the value that can be achieved are facilitated through demolition and reconstruction. These programs are administered through the HOME program. Homebuyer Assistance Given the recent increase in housing costs and a limited supply of housing units, assistance to home buyers is necessary especially for low and moderate income buyers. The city will continue to provide direct home buyer assistance in the form of down payment and closing cost assistance. Table 40—Influence of Market Conditions Consolidated Plan CORPUS CHRISTI 93 OMB Control No:2506-0117(exp.09/30/2021) SP-35 Anticipated Resources - 91.215(a)(4), 91.220(c)(1,2) Introduction The City of Corpus Christi receives funding from three federal grant programs,the Community Development Block Grant (CDBG) Program, the HOME Investment Partnerships (HOME) Program, and the Emergency Solutions Grant (ESG) Program. These three grant programs combined will bring $4,251,537 into the city in FY 2023 to support affordable housing, homeless, and community development programs and projects. An additional $452,235 in prior year funds, $392,364 from CDBG Program Income and $308,520 in HOME Program Income brings the total resources for the 1st year of the Consolidated Plan to $5,404,656. Anticipated Resources lllm: Expected Narrative Annual Program Prior Total: Amount Descripti Allocation Income: Year $ Available on :$ $ Resource Remainder s:$ of ConPlan CDBG Feder Admin and $2,663,3 $392,36 $452,23 $3,507,9 $10,653,5 The al Planning 78 4 5 77 12 estimate Housing d rehabilitatio expected n amount Public available Facility and for the Improveme remaind nts er of the Public Con Plan Services is four times the 2023 annual allocatio n. Consolidated Plan CORPUS CHRISTI 94 OMB Control No:2506-0117(exp.09/30/2021) HOME Feder Single $1,352,6 $308,52 $0 $1,661,1 $5,410,44 The al Family 10 0 30 0 estimate Rehab. d Acquisition expected and New amount construction available for forthe ownership remaind er of the Admin and Con Plan Planning is four times the 2023 annual allocatio n. ESG public Operational $235,549 0 0 $235,549 $942,196 The - Assistance estimate feder for shelters d al Rapid re- expected housing and amount homeless available prevention for the (rental remaind assistance) er of the Admin. Con Plan is four times the 2023 annual allocatio n. Table 41-Anticipated Resources Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Consolidated Plan CORPUS CHRISTI 95 OMB Control No:2506-0117(exp.09/30/2021) The Texas Department of Housing and Community Affairs' Low-Income Housing Tax (LIHTC) Credits have been used in the past as a match for use of HOME funds. This is anticipated to be the case in FY 2023. ESG funding will be matched 100% (less administrative costs) by each subgrantee. If appropriate, describe publicly owned land or property located within the jurisdiction that may be used to address the needs identified in the plan The City does not currently own any parcels that would be suitable for housing development or to meet other needs identified in the plan. SP-40 Institutional Delivery Structure - 91.215(k) Explain the institutional structure through which the jurisdiction will carry out its consolidated plan including private industry, non-profit organizations, and public institutions. Responsible Entity Responsible Entity Role Geographic Area Type Served City of Corpus Christi Government Economic Jurisdiction Development Non-homeless special needs Ownership Planning Rental neighborhood improvements public facilities public services Housing Authority of PHA Public Housing Jurisdiction Corpus Christi Consolidated Plan CORPUS CHRISTI 96 OMB Control No:2506-0117(exp.09/30/2021) CATHOLIC CHARITIES Non-profit Homelessness Jurisdiction OF CORPUS CHRISTI, organizations INC CHARLIE'S PLACE Non-profit Homelessness Jurisdiction RECOVER CENTER, INC organizations CORPUS CHRISTI HOPE Non-profit Homelessness Jurisdiction HOUSE, INC. organizations CORPUS CHRISTI Non-profit Homelessness Jurisdiction METRO MINISTRIES, organizations INC. THE SALVATION Non-profit Homelessness Jurisdiction ARMY,TX organizations Wesley Community Non-profit Homelessness Jurisdiction Center organizations NUECES COUNTY CHDO Ownership Rental Jurisdiction COMMUNITY ACTION AGENCY Table 42-Institutional Delivery Structure Consolidated Plan CORPUS CHRISTI 97 OMB Control No:2506-0117(exp.09/30/2021) SP-45 Goals Summary—91.215(a)(4) Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Order Year Year Area Indicator 1 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain CDBG: Homeowner Housing Affordable Housing for Housing Affordable Housing 54,375,000 Rehabilitated:183 Low Income Households: Housing Repair 2 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Homeowner Housing Affordable Housing for Housing Affordable Housing $4,530,000 Rehabilitated:30 Low Income Households:Housing Rehabilitation 3 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Direct Financial Affordable Housing for Housing Affordable Housing $300,000 Assistance to Low Income Homebuyers:10 Households: Homebuyer Program 4 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Homeowner Housing Affordable Housing for Housing Affordable Housing $431,500 added:4 Low Income Households: Homebuyer and Builder Program Consolidated Plan CORPUS CHRISTI 98 OMB Control No:2506-0117(exp.09/30/2021) 5 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Rental Units constructed: Affordable Housing for Housing Affordable Housing $3,000,000 40 Low Income Households: Increase and Maintain Affordable Rental Housing-New construction 6 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Rental Units Affordable Housing for Housing Affordable Housing $200,000 Rehabilitated:4 Low Income Households:Increase and Maintain Affordable Rental Housing- Rehabilitation 7 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Tenant Based Rental Affordable Housing for Housing Affordable Housing $300,000 Assistance/Rapid Low Income Rehousing: Households:Increase and Maintain Affordable 15 Households Assisted Rental Housing 8 Public 2023 2027 Public Facilities Low to Public Facility CDBG: Public Facilities or Facilities/Infrastructure Moderate Improvements $3,000,000 Infrastructure Activities Improvement Income Areas Youth Centers other than Neighborhood Facilities Low/Moderate Income Parks and Recreation Housing Benefit:13,550 Accessibility,Curb, Sidewalks And Street Improvements Consolidated Plan CORPUS CHRISTI 99 OMB Control No:2506-0117(exp.09/30/2021) 9 Addressing Homelessness 2023 2027 Homeless Citywide Address Homelessness ESG: Other:5,000 or At Risk of $1,089,415 Homelessness for Households below 30% AMI:Continue to provide Emergency Shelter and Operational Support through ESG funds 10 Addressing Homelessness 2023 2027 Homeless Citywide Address Homelessness CDBG: Public Service activities or At Risk of $50,000 other than Homelessness for Low/Moderate Income Households below 30% Housing Benefit:10 AMI:Provide funding for public services aimed at addressing the supportive service needs of households who are homeless or at-risk of homelessness 11 Addressing Homelessness 2023 2027 Affordable Citywide Affordable Housing HOME Rental units constructed: or At Risk of Housing Address Homelessness $500,000 10 Homelessness for Households below 30% AMI: Increase and maintain affordable rental housing including permanent supportive housing 12 Provide Public 2023 2027 Suitable Living Citywide Public Services(Senior CDBG: Public Service activities Services/Programs related Environment Services) $50,000 other than to healthy outcomes for low/moderate income LMI persons/households: housing benefit:15 Senior Services Consolidated Plan CORPUS CHRISTI 100 OMB Control No:2506-0117(exp.09/30/2021) 13 Provide Public 2023 2027 Economic Citywide Public Services(Job CDBG: Public Service activities Services/Programs Development Training and $50,000 other than related to healthy Employment Skills) low/moderate income outcomes for LMI housing benefit:30 persons/households:Job Training and Employment skills enhancement programs 14 Provide Public 2023 2027 Suitable Living Low to Blight elimination CDBG: Housing/Code Services/Programs Environment moderate $500,000 Enforcement/Foreclosed related to healthy income areas Property Care:350 outcomes for LMI persons/households: Code Enforcement 15 Planning and 2023 2027 Administration Citywide Planning and CDBG: Other:5 Administration Administration $4,427,580 ESG: $88,331 HOME: $830,568 Consolidated Plan CORPUS CHRISTI 101 OMB Control No:2506-0117(exp.09/30/2021) SP-50 Public Housing Accessibility and Involvement - 91.415, 91.215(c) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) Need to Increase the Number of Accessible Units (if Required by a Section 504 Voluntary Compliance Agreement) N/A since the CCHA no longer has public housing units. Activities to Increase Resident Involvements N/A since the CCHA no longer has public housing units. Is the public housing agency designated as troubled under 24 CFR part 902? N/A since the CCHA no longer has public housing units. Plan to remove the 'troubled' designation Not applicable. Consolidated Plan CORPUS CHRISTI 102 OMB Control No:2506-0117(exp.09/30/2021) SP-55 Barriers to affordable housing — 91.215(h) Barriers to Affordable Housing Barriers to Affordable Housing The City of Corpus Christi has determined that it will use its locally approved AFH document as its Al update because of the vast amount of resources expended to prepare the AFH document. These resources included funding, extensive community outreach, the time and effort expended to develop the data analysis and all other sections of the AFH. Strategy to Remove or Ameliorate the Barriers to Affordable Housing In FY 2022-2023 the City held the following fair housing sessions to teach the community about housing discrimination and their rights: • Fair Housing Bingo • Fair Housing Essay Contest • Fair Housing Month Billing Insert • Home and Garden Expo The City will continue to provide these types of events during the next five years. Consolidated Plan CORPUS CHRISTI 103 OMB Control No:2506-0117(exp.09/30/2021) SP-60 Homelessness Strategy— 91.215(d) Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs City staff continue to work with the Homeless Issues Partnership, Inc. (HIP), and the Texas Homeless Network which administers the Balance of State Continuum of Care and submits grant applications for homeless initiatives. The coalition also conducts yearly point-in-time counts of the homeless and conducts a bi-yearly survey of the homeless. City staff participate in the counts and surveys. The point-in-time counts and the surveys work to reach out to homeless persons, including unsheltered persons, and assesses individual and family needs, contributing to the consultation brought to the Consolidated Plan forums and survey from which priorities are formed. Addressing the emergency and transitional housing needs of homeless persons The Strategic Plan specifies that the City provides letters of support for fundraising efforts for non-profit homeless providers. The City also provides funding for organizations that offer emergency shelters through the Emergency Solutions Grant program. In 2021, the Department of Housing and Urban Development (HUD) allocated the City of Corpus Christi $4,213,937 in HOME-ARP funds through the American Rescue Plan Act (ARPA). The HOME- ARP funds are intended to serve primarily people experiencing homelessness or at risk of homelessness. In 2023,the City submitted its HOME ARP allocation Plan to HUD for review and approval. Once approved by HUD, the City will use its HOME ARP funds on a range of eligible activities to support this population with housing stability including rental assistance, non- congregate shelter, affordable housing development, and supportive services.The City will begin to implement its HOME ARP Allocation Plan in 2023-2024. The City's HOME-ARP funds are anticipated to be used for the priority needs established through the consultations with stakeholders. This includes $2,000,000 for supportive services, $1,160,454 for TBRA, $210,696 for non-profit operating assistance, $210,696 for non-profit capacity building and $632,095 for administration and planning. As stated earlier, current efforts are focused on homeless prevention and rapid rehousing, in addition to permanent housing. Corpus Christi recently began participation in the Coordinated Entry System (CES) program in April 2018. The Salvation Army has taken the lead in the effort to provide a central point to determine the housing and social service needs of homeless persons. CES is designed to account for the diversity of needs of people experiencing homelessness, urgently responds to these needs with permanent housing solutions, and successfully incorporates the housing, healthcare, and employment systems. This community response will Consolidated Plan CORPUS CHRISTI 104 OMB Control No:2506-0117(exp.09/30/2021) ensure an accessible and navigable set of entry points; a universal assessment for all person requesting assistance; and effective and appropriate connections to housing and services for all populations. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again. During the HOME-ARP Allocation Plan consultations, the need for supportive services and TBRA were identified as priority needs. The City anticipates funding these activities to meet those needs. The PIT Count and HIC do not reflect a great need for non-congregate shelter. The consultations provided descriptions of the service delivery system that demonstrates a rationale for providing supportive services including case management, childcare, transportation, mental health services, substance use disorder treatment, legal services, utility assistance, other supportive services and TBRA for clients stabilizing their housing situation. Providing these services will offer a gateway out of homelessness for the unsheltered, help stabilize those at-risk and provide a healthy start for those fleeing, or attempting to flee, domestic violence, dating violence, sexual assault, stalking, or human trafficking. Help low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families who are likely to become homeless after being discharged from a publicly funded institution or system of care, or who are receiving assistance from public and private agencies that address housing, health, social services, employment, education or youth needs The Strategic Plan supports efforts to continue providing permanent supportive housing. The plan also provides for attention to expansion of services for the prevention of homelessness through emergency shelter operational support through ESG funding and provide funding to public service providers aimed at addressing the supportive housing needs of those homeless or at risk of homelessness. In addition, the Coordinated Entry System (CES) program should provide a path for homeless individuals and families to make the transition to permanent housing and independent living.The coordinated entry process is "Housing First" oriented,focused on housing people quickly without preconditions or service participation requirements. The goal is to prevent a re-occurrence of homelessness by addressing the specific issues of the homeless person or family, whether it is a health issue or income related. Consolidated Plan CORPUS CHRISTI 105 OMB Control No:2506-0117(exp.09/30/2021) SP-65 Lead based paint Hazards — 91.215(i) Actions to address LBP hazards and increase access to housing without LBP hazards The City's goal is to Increase the inventory of lead safe housing units. Strategies: 1. Continue to meet HUD lead-based paint abatement standards in housing rehabilitation programs. 2. Expand the stock of lead safe housing units through continuation of the housing rehabilitation program and other new home construction efforts. How are the actions listed above related to the extent of lead poisoning and hazards? The City works to address potential lead-based paint hazards through its housing rehabilitation program as outlined below. How are the actions listed above integrated into housing policies and procedures? The City does lead-based paint hazard screening on all housing rehabilitation projects funded by the City using CDBG or HOME grant funds. The City will continue these efforts during the five years of this ConPlan. City staff have already attended and passed state training and has begun in house lead testing. The City will continue to send new staff to Lead inspector and Lead Risk Assessor training in order to expand knowledge and provide Lead services in house instead of by vendor. If needed, the City will use an outside vendor to conduct lead testing. Consolidated Plan CORPUS CHRISTI 106 OMB Control No:2506-0117(exp.09/30/2021) SP-70 Anti-Poverty Strategy— 91.215(j) Jurisdiction Goals, Programs and Policies for reducing the number of Poverty-Level Families The City recognizes the best way to assist people in improving their economic positions is to provide employment opportunities. Therefore, through its policies and planning, the City will continue to encourage business growth and the availability of workforce training and educational opportunities in the community. It will also continue to fund agencies that provide services to LMI persons to reduce poverty and create job opportunities for themselves. These programs will assist City residents with services such as job searching, resume creation, and interview skills. As stated earlier,the City of Corpus Christi Education and Workforce Committee recently adopted a Corpus Christi Education Strategic Plan, a data-driven collaboration between education and business to grow economic prosperity through increased educational attainment. The three priorities selected to assist education and workforce leaders included the following: Priority 1 — Improve awareness and preparation for postsecondary education and careers throughout the P-16 system. Priority 2 — Use data to drive decisions and create a compelling call to action. Priority 3 — Enhance collaboration and partnerships among education, business, industry, and community organizations to align student skills with workforce needs. These efforts are part of a strategy to enhance the education and employment levels of City residents and in turn reduce the number of poverty-level families. How are the Jurisdiction poverty reducing goals, programs, and policies coordinated with this affordable housing plan As noted in the Needs Assessment of this Consolidated Plan, cost burden (paying more than 30% of household income for housing) is the most common housing problem for low- and moderate- income residents and is especially common among extremely low-income residents. The City works closely with a variety of non-profit service providers who work with homeless clients and other households with low- and extremely-low incomes to assist them in improving their situations. These providers provide programs that help locate and secure affordable housing. The City also operates programs to provide downpayment and closing cost assistance, as well as other programs that help reduce poverty in the area. Corpus Christi will continue to support organizations that provide supportive services to encourage local economic development, and to preserve and improve affordable housing options as part of its strategy to prevent and alleviate poverty. By combining job creation, workforce Consolidated Plan CORPUS CHRISTI 107 OMB Control No:2506-0117(exp.09/30/2021) development, increased production if multi-family affordable housing units and other income- raising activities with efforts to increase the supply of affordable housing, fewer residents will experience housing cost burden. Consolidated Plan CORPUS CHRISTI 108 OMB Control No:2506-0117(exp.09/30/2021) SP-80 Monitoring — 91.230 Describe the standards and procedures that the jurisdiction will use to monitor activities carried out in furtherance of the plan and will use to ensure long-term compliance with requirements of the programs involved, including minority business outreach and the comprehensive planning requirements For all activities funded by HUD allocations received by the City of Corpus Christi and awarded to Sub-recipients for program implementation and prior to project implementation and expenditure of funds, execution of a contract is required. The contract document will provide the basis for all expenditures, monitoring of project production and compliance. In addition to delineating the basic standards and regulations in effect for the particular funding sources, the contract will set forth responsibilities and procedures for each party, establish performance/product measure, and specify monitoring review schedules and products to ensure that the program is implemented and completed in a time- and cost-effective manner in accordance with all applicable statutory requirements. 1. Performance Measures/Quality Controls Performance measures/quality controls will be required for all projects, and will be in writing, quantifiable, and measurable. In addition, the performance measures will outline standards, identify deadlines, list corrective measures if deadlines are not met, and for housing projects, set the minimum number of lower income occupants to be housed in the property, establish appropriate lease/sale schedules, and provide copies of the lease/sale agreements as an attachment to the contract. 2. Monitoring Activities By the tenth (10) calendar day of each quarter, Sub-recipients of federal funds shall submit a narrative description outlining specific progress/accomplishments for each applicable performance indicator achieved during the proceeding quarter. In addition, any problems surfacing must be discussed, and mitigating measures taken indicated to ensure compliance with established deadlines. Prior to initiation of rehabilitation/construction activity, the Sub-recipient must provide data indicating household characteristics and incomes for all units. Following completion of rehabilitation/construction activity, the data indicating household characteristics and incomes must again be submitted for all units. Violation of program guidelines, or the terms and conditions of the contract, and/or Consolidated Plan CORPUS CHRISTI 109 OMB Control No:2506-0117(exp.09/30/2021) approved loan documents executed with the City, will result in the entire amount of the City's funding plus interest, to be due and payable at the sole discretion of the City. Immediately following completion of the rehabilitation/construction, and annually thereafter for the time period of time specified in the contract/ agreement, the Sub- recipient must provide household characteristics and income data for all project units. The required number of units must be leased or sold to eligible low-income households for the term specified in the contract/agreement. 3. Monitoring Schedules Effective monitoring requires on-going communication between the Sub-recipient and City to assess progress towards meeting the objectives and performance indicators. City staff will actively monitor the Sub-recipient progress towards program completion, and in meeting all policy, regulatory, and statutory requirements. Appropriate monitoring schedules will be established for each project, and will be conducted on a regular, periodic basis. Monitoring schedules will be coordinated with the Sub-recipient for implementation. Effective monitoring will require personal on-site observations of performance in order to facilitate communication and cooperation throughout the contract/compliance term; reinforcement of positive activity to achieve performance measures; and timely guidance and technical assistance to determine and initiate effective measures to mitigate occurrences of non-compliance. Consolidated Plan CORPUS CHRISTI 110 OMB Control No:2506-0117(exp.09/30/2021) Annual Plan Expected Resources AP-15 Expected Resources—91.220(c)(1,2) Introduction The City of Corpus Christi receives funding from three federal grant programs,the Community Development Block Grant(CDBG)Program,the HOME Investment Partnerships(HOME)Program,and the Emergency Solutions Grant(ESG)Program.These three grant programs combined will bring$4,251,537 into the city in FY 2023 to support affordable housing,homeless,and community development programs and projects.An additional$452,235 in prior year funds,$392,364 from CDBG Program Income and$308,520 in HOME Program Income brings the total resources for the 1st year of the Consolidated Plan to$5,404,656. Anticipated Resources Program Source of Uses of Funds Expected Amount Available Year I Expected Amount Narrative Funds WW Program Prior Year dlbaelner of Description --------------------------------- CDBG Federal Admin and $2,663,378 $392,364 $452,235 $3,507,977 $10,653,512 The Planning estimated Housing expected rehabilitation amount Public Facility and available for the Consolidated Plan CORPUS CHRISTI 111 OMB Control No:2506-0117(exp.09/30/2021) Improvements remainder of Public Services the Con Plan is four times the 2023 annual allocation. HOME Federal Single Family $1,352,610 $308,520 $0 $1,661,130 $5,410,440 The Rehab. estimated Acquisition and expected New construction amount for ownership available for the Admin and remainder of Planning the Con Plan is four times the 2023 annual allocation. ESG public- Operational $235,549 0 0 $235,549 $942,196 The federal Assistance estimated for shelters expected Rapid re-housing amount and homeless available for prevention(rental the assistance) remainder of Admin. the Con Plan is four times the 2023 annual allocation. Consolidated Plan CORPUS CHRISTI 112 OMB Control No:2506-0117(exp.09/30/2021) Table 41-Expected Resources—Priority Table Consolidated Plan CORPUS CHRISTI 113 OMB Control No:2506-0117(exp.09/30/2021) Explain how federal funds will leverage those additional resources (private, state and local funds), including a description of how matching requirements will be satisfied Non-profits funded with CDBG funds are encouraged to leverage non-federal resources for funded projects. In addition, the Texas Department of Housing and Community Affairs' Housing Tax Credits will be used as match. The program assists income eligible homebuyers with up to $10,000 in down payment assistance. The Emergency Solutions Grant Program requires a 100% match. These matching funds will be generated by the funded agencies. The match used will be derived from salaries, building leases, case management, and insurances paid for the administration of the different programs. Consolidated Plan CORPUS CHRISTI 114 OMB Control No:2506-0117(exp.09/30/2021) Annual Goals and Objectives AP-20 Annual Goals and Objectives Goals Summary Information Sort Goal Name Start End Category Geographic Needs Addressed Funding Goal Outcome Order Year Year Area Indicator 1 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain CDBG: Homeowner Housing Affordable Housing for Housing Affordable Housing 51,152,204 Rehabilitated:584 Low Income housing units Households: Housing Repair 2 Increase and 2023 2027 Affordable Citywide Increase and Maintain HOME: Homeowner Housing Maintain Affordable Housing Affordable Housing $1,063,517 Rehabilitated:7 Housing for Low Income Households: Housing Rehabilitation 3 Increase and Maintain 2023 2027 Affordable Citywide Increase and Maintain HOME: Homeowner Housing Affordable Housing for Housing Affordable Housing $431,500 added:4 Low Income Households: Homebuyer and Builder Program Consolidated Plan CORPUS CHRISTI 115 OMB Control No:2506-0117(exp.09/30/2021) 4 Public 2023 2027 Public Low to Public Facility CDBG: Public Facilities or Facilities/Infrastruct Facilities Moderate Improvements $663,485 Infrastructure ure Improvement Income Areas Youth Centers Activities other than Neighborhood Facilities Low/Moderate Parks and Recreation Accessibility,Curb, Income Housing Sidewalks Benefit:1,400 And Street Improvements 5 Addressing 2023 2027 Homeless Citywide Address Homelessness ESG: Households Assisted: Homelessness or At $235,549 Risk of Homelessness 162 Households for Households below Assisted 30%AMI:Continue to 1,028 persons assisted provide Emergency Shelter and Operational Support through ESG funds 6 Provide Public 2023 2027 Suitable Citywide Public Services(Senior CDBG: Public Service Services/Programs Living Services) $151,955 activities other than related to healthy Environme low/moderate outcomes for LMI nt income housing persons/households: benefit: Youth 7 Provide Public 2023 2027 Economic Citywide Public Services(Job CDBG: Public Service Services/Programs Developme Training and $50,000 activities other than related to healthy nt Employment Skills) low/moderate outcomes for LMI income housing persons/households: benefit: Job Training and Employment skills enhancement programs Consolidated Plan CORPUS CHRISTI 116 OMB Control No:2506-0117(exp.09/30/2021) 8 Provide Public 2023 2027 Suitable Low to Blight elimination CDBG: Housing/Code Services/Programs Living moderate $604,817 Enforcement/ related to healthy Environme income areas Foreclosed Property outcomes for LMI nt Care: persons/households: Code Enforcement 9 Planning and 2023 2027 Administration Citywide Planning/Admin/Delivery CDBG: City-wide Administration/Progra $356,785 m Delivery ESG: $17,666 HOME: $166,113 CDBG Program Delivery: $528,731 Table 42—Goals Summary Consolidated Plan CORPUS CHRISTI 117 OMB Control No:2506-0117(exp.09/30/2021) AP-35 Projects — 91.220(d) Introduction The following projects were developed by staff with consultation from non-profit service providers and community input from the community survey. Projects # Project Name 1 CDBG Program Administration 2 Grant Monitoring- Minor Home Repair Grant Program 3 Rising Tide Ministries-Wave Academy Program 4 Rising Tide Ministries-"Safe at Home" Program 5 Parks and Recreation-Dr. HC Dilworth Pavilion 6 Parks and Recreation-Littles-Martin House 7 Corpus Christi Police Department-Corpus Christi Police Athletic League (CC-PAL) 8 Code Enforcement Program Staffing 9 Grant Monitoring- Program Administration 10 Grant Monitoring- Program Delivery 11 Corpus Christi Hope House 12 The Salvation Army 13 Grant Monitoring- Program Administration 14 Grant Monitoring-Single Family Rehabilitation 15 Habitat for Humanity- Land Acquisition and Construction 16 Grant Monitoring-Administration &Technical Assistance Table 61—Project Information Consolidated Plan CORPUS CHRISTI 118 OMB Control No:2506-0117(exp.09/30/2021) AP-38 Project Summary Project Summary Information 1 Project Name CDBG Program Administration Target Area Citywide Goals Supported Non-housing Community Development Needs Addressed Accessibility Needs Homeowner Housing Rehabilitation Housing Demolition Emergency Home Repair Funding CDBG: $356,785 Description This request funds 5 FTEs. 1 Sr. Management Assistant at about 70%; 1 Contract Administrator at about 60%; 1 Contract Administrator at about 45.5%; 1 Grant Monitoring Program Coordinator at about 55%; 1 Assistant Director at about 50%. These staff are funded predominately from CDBG General Administration. The remaining percentages are funded from other funds. Staff interprets CDBG, HOME, and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities, and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. Target Date 9/30/2024 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description 1201 Leopard St. Corpus Christi, Texas 78401 Consolidated Plan CORPUS CHRISTI 119 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities Staff is responsible for administering the Community Development Block Grant (CDBG), the HOME Investment Partnerships (HOME) and Emergency Solutions (HESG) Programs. Staff interprets CDBG, HOME and ESG federal grant regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors Subrecipients for program compliance, provides technical assistance, conducts environmental assessments of funding projects/activities and enforces Davis Bacon Federal Wage rate requirements. 2 Project Name Grant Monitoring- Minor Home Repair Grant Program Target Area Citywide Goals Supported Increase Affordable Housing Needs Addressed Homeowner Housing Rehabilitation Emergency Home Repair Funding CDBG: $1,102,204 Description The Minor Home Repair Grant Program assists 44 homeowners with a grant to provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. The applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). Target Date 9/30/2024 Estimate the number 44 households and type of families that will benefit from the proposed activities Location Description Various locations within the city Planned Activities Repairs involving the roof, plumbing, electrical, heating, minor structural repairs, and accessible ramps. Project Name Rising Tide Ministries-"Safe at Home" Program Consolidated Plan CORPUS CHRISTI 120 OMB Control No:2506-0117(exp.09/30/2021) 3 Target Area Citywide Goals Supported Increase Affordable Housing Needs Addressed Emergency Home Repair Homeowner Housing Rehabilitation Funding CDBG: $50,000 Description Rising Tide Ministries will provide a Minor Home Repair Grant " Safe at Home" Program assists with a grant to improve aging -in -place outcomes for low-income older adults by making repairs to their home environment to meet their mobility and accessibility needs including repairs such as accessible ramps, handrails, bathroom and kitchen modifications.The applicant must be at least 62 years old or disabled. The applicant must meet the very law-income limits (50%AMI) Target Date 9/30/2024 Estimate the number 10 housing units and type of families that will benefit from the proposed activities Location Description Various locations within the city Planned Activities Rising Tide Ministries will provide a Minor Home Repair Grant " Safe at Home" Program assists with a grant to improve aging -in -place outcomes for low-income older adults by making repairs to their home environment to meet their mobility and accessibility needs including repairs such as accessible ramps, handrails, bathroom and kitchen modifications.The applicant must be at least 62 years old or disabled. The applicant must meet the very law-income limits (50%AMI) 4 Project Name Rising Tide Ministries-Wave Academy Program Target Area Various locations within the city Goals Supported Provide Public Services/Programs Needs Addressed Public Services Funding CDBG: $50,000 Description Rising Tide Ministries will provide a Wave Academy program to offer assistance to low-to moderate residents seeking employment or better employment with Identification cards, education, certification or tools for employment. Through the program residents will increase their earning potential and qualify of life. Consolidated Plan CORPUS CHRISTI 121 OMB Control No:2506-0117(exp.09/30/2021) Target Date 9/30/2024 Estimate the number 150 persons and type of families that will benefit from the proposed activities Location Description Various locations within the city Planned Activities Rising Tide Ministries will provide a Wave Academy program to offer assistance to low-to moderate residents seeking employment or better employment with Identification cards, education, certification or tools for employment. Through the program residents will increase their earning potential and qualify of life. 5 Project Name Parks and Recreation-Dr. HC Dilworth Pavilion Target Area 2726 Easley St, Corpus Christi, TX 78405 Goals Supported Public Facilities/Infrastructure Improvement Needs Addressed Public Facilities/Infrastructure Improvement Funding CDBG: $320,000 Description Dr. HC Dilworth Park is an underserved area that would benefit from having park amenities that would improve the health and well-being of its residents. Improvement may include but are not limited to a 30' x 30' covered pavilion, concrete floor with new sidewalks, wood structure on pier foundation, asphalt shingle tile roof, controlled lighting, electrical service and wooden sunscreen structures. Target Date 9/30/2024 Estimate the number 910 Persons and type of families that will benefit from the proposed activities Location Description 2726 Easley St, Corpus Christi, TX 78405 Planned Activities Improvement may include but are not limited to a 30'x 30' covered pavilion, concrete floor with new sidewalks, wood structure on pier foundation, asphalt shingle tile roof, controlled lighting, electrical service and wooden sunscreen structures. 6 Project Name Parks and Recreation-Littles-Martin House Target Area 1519 North Chaparral Street Corpus Christi, Texas Consolidated Plan CORPUS CHRISTI 122 OMB Control No:2506-0117(exp.09/30/2021) Goals Supported Public Facilities/Infrastructure Improvement Needs Addressed Public Facilities/Infrastructure Improvement Funding CDBG: $343,485 Description Parks is requesting funding for the renovation of the Littles-Martin House. The home was relocated to Heritage Park area which is located on a CDBG census tract. Heritage Park contains historic preservation homes that are registered in the National Registry. The Littles-Martin home is not eligible for historic preservation because it was relocated from another site. However, Littles-Martin is a registered landmark. Heritage Park is Corpus Christi's historic park which hosts and supports many art and cultural activities, as well as a variety of community events throughout the year. The home was restored by the National Association of Colored People (NAACP)to serve as its Corpus Christi headquarters. However, significant weather events have damaged the home. Target Date 9/30/2024 Estimate the number 490 Persons and type of families that will benefit from the proposed activities Location Description Littles-Martin House. Planned Activities Renovation of the Littles-Martin House. 7 Project Name Corpus Christi Police Department-Corpus Christi Police Athletic League (CC-PAL) Target Area Citywide Goals Supported Provide Public Services/Programs related to healthy outcomes for LMI persons/households: Youth Needs Addressed Public Services Funding CDBG: $151,955 Consolidated Plan CORPUS CHRISTI 123 OMB Control No:2506-0117(exp.09/30/2021) Description CCPAL was established in 2003 and has offered baseball, volleyball, basketball, and Taekwondo to thousands of kids from ages 6- 18 at the gym.A significant percentage of the youth it serves live in challenged neighborhoods and have limited resources to learn the teambuilding, leadership, self-esteem, and character skills that are taught. The renovations may include but are not limited to bleachers, basketball backstops,volleyball score clocks, a storage addition, improvements to the concession stand and exterior improvements. Target Date 9/30/2024 Estimate the number 1310 Persons and type of families that will benefit from the proposed activities Location Description Various Citywide Planned Activities Renovations may include but are not limited to bleachers, basketball backstops,volleyball score clocks, a storage addition, improvements to the concession stand and exterior improvements. 8 Project Name Code Enforcement Program Staffing Target Area Citywide Goals Supported Provide Public Services/Programs related to healthy outcomes for LMI persons/households Needs Addressed Code Enforcement Funding CDBG: $604,817 Description This request is to fund full salaries for 10 full-time employees in the Code Enforcement Division of Development Services -9 Compliance Officers at 100%and 1 Administrative Support II at 100%for special enforcement activities associated with the investigation, notification and abatement of ordinance violations in CDBG eligible areas Target Date 9/30/2024 Estimate the number 3,300 Households and type of families that will benefit from the proposed activities Location Description Citywide Consolidated Plan CORPUS CHRISTI 124 OMB Control No:2506-0117(exp.09/30/2021) Planned Activities Fund full salaries for 5 full-time employees in the Code Enforcement Division of Development Services 9 Project Name Grant Monitoring- Program Delivery Target Area 1201 Leopard St. Corpus Christi, Tx. 78401 Goals Supported Administration Needs Addressed Administration Funding CDBG: $528,731 Description This request funds 7 FTEs. 1 Program Manager at about 65%; 2 Rehabilitation Specialists at about 95%; 1 Program Coordinator at about 50%; 1 Program Coordinator at about 90%; 1 Program Specialist at about 90%; 1 Program Specialist at about 95%. The Program Specialist at about 95% is a new FTE. Target Date 9/30/2024 Estimate the number 0 other and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Fund staff. 10 project Name Emergency Solutions Grant(ESG) Projects Target Area Citywide Goals Supported Address Homelessness Needs Addressed Address Homelessness Funding ESG: $235,549 Consolidated Plan CORPUS CHRISTI 125 OMB Control No:2506-0117(exp.09/30/2021) Description Corpus Christi Hope House: $117,883 - Funding will go towards emergency shelter and supportive services to homeless families. Homeless women with children and provide assistance to keep individuals and families at- risk of homelessness stably housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance. Specifically, Hope House is allocating 57.5%of the ESG grant for emergency shelter and 42.5%for homeless prevention and rapid rehousing. Salvation Army: $100,000-The requested funding will allow TSA to continue to provide food, shelter, case management, and supportive services including Rapid Rehousing to homeless and at-risk individuals, families and Veterans. Specifically, they are allocating 60%for emergency shelter 40%for Homeless Prevention and Rapid Rehousing. Emergency Shelter funding will provide case management and kitchen staff, and a portion of shelter utilities, maintenance, and food (10,000 cases/year). Rapid-Rehousing funding will provide 5 households with an average of 3 people each for a total of 15 people. ESG Grant Monitoring Admin: $17,666 Target Date 9/30/2024 Estimate the number 600 persons—Salvation Army and type of families Corpus Christi Hope House-428 Persons and 162 Households that will benefit from the proposed activities Location Description Citywide Planned Activities Provide food, shelter, case management, and supportive services including Rapid Rehousing to homeless and at-risk individuals, families and Veterans. Specifically, Emergency Shelter funding will provide case management and kitchen staff, and a portion of shelter utilities, maintenance, and food (^'10,000 cases/year). Rapid-Rehousing portion will provide 5 households with an average of 3 people each for a total of 15 people. 11 project Name Grant Monitoring- Single Family Rehabilitation Target Area Citywide Goals Supported Increase Affordable Housing Consolidated Plan CORPUS CHRISTI 126 OMB Control No:2506-0117(exp.09/30/2021) Needs Addressed Increase and Maintain Affordable Housing for Low Income Households Funding HOME: 1,063,517 Description The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The program provides zero percent loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide demolition and relocation grants and reconstruction loans to eligible homeowners whose homes are 51% deteriorated. 7 homes Target Date 9/30/2024 Estimate the number 7 housing units. and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities The program provides zero percent loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide demolition and relocation grants and reconstruction loans to eligible homeowners whose homes are 51% deteriorated. 12 Project Name Habitat for Humanity- Land Acquisition and Construction Target Area Citywide Goals Supported Increase Affordable Housing Needs Addressed Affordable Housing Funding HOME: $431,500 Description Habitat for Humanity is proposing to purchase minimum of 4 lots to build new single family residential homes for low-income families. Target Date 9/30/2024 Estimate the number 4 Households and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Purchase minimum of 4 lots and build new single family residential homes for low income families. Consolidated Plan CORPUS CHRISTI 127 OMB Control No:2506-0117(exp.09/30/2021) 13 project Name HOME Grant Monitoring -Administration &Technical Assistance Target Area Citywide Goals Supported Administration Needs Addressed Administration Funding HOME: $166,113 Description This request funds 1 FTE which is a Management Assistant at about 60%.This staff is funded predominately from HOME General Administration. The remaining percentage is funded from other funds. Administrative funds for staff planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, recordkeeping/reporting and overall program management. Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. Target Date 9/30/2024 Estimate the number N/A and type of families that will benefit from the proposed activities Location Description Citywide Planned Activities Program Administration Consolidated Plan CORPUS CHRISTI 128 OMB Control No:2506-0117(exp.09/30/2021) AP-50 Geographic Distribution — 91.220(f) Description of the geographic areas of the entitlement (including areas of low-income and minority concentration)where assistance will be directed Funding will be directed to qualified low- and moderate income (LMI) census tracts, in addition to other areas indirectly through assistance to LMI households who are income qualified for program funding. Other assistance for City and homeless facilities also are in the LMI census tracts. All the CDBG funding (100%) will benefit LMI clientele and areas. Geographic Distribution Target Area Percentage of Funds CDBG Low/Mod Tracts 100 Citywide 100 Table 43-Geographic Distribution Rationale for the priorities for allocating investments geographically Federal regulations specify that funds used for area benefit, as opposed to individual benefit, be targeted to census tracts where 51 percent or more of the population earns below 80 percent of the area median income. The target areas include those designated LMI tracts. Discussion The vast majority of the funding allocated to CDBG projects are targeted to the CDBG eligible LMI census tracts, either for code enforcement, parks, accessibility improvements, public service for qualified beneficiaries and new construction for LMI persons. An undetermined amount of funding will be allocated to projects within the CDBG tracts, to benefit and assist individuals/families who qualify for programs based on income. These projects include homebuyer assistance, minor repair, and homeowner rehabilitation. The percentage of CDBG funds which will go towards CDBG LMI census tracts is estimated to be 100%, with the exception of the funds that will go towards staff salaries. It is estimated that all of the ESG funding will be used on projects within qualified CDBG tracts, but the assistance is not directed according to area benefit. 100% of ESG funding will benefit low-income homeless individuals, other than the percentage allowed for administrative funds. Likewise, the HOME funding may benefit the CDBG target area, but is not directed according to area benefit. HOME funding will also primarily benefit LMI eligible persons and families for all proposed projects other than administration costs which is 10%. Consolidated Plan CORPUS CHRISTI 129 OMB Control No:2506-0117(exp.09/30/2021) Affordable Housing AP-55 Affordable Housing— 91.220(g) Introduction One Year Goals for the Number of Households to be Supported Homeless 167 Non-Homeless 7 Special-Needs 54 Total 228 Table 44-One Year Goals for Affordable Housing by Support Requirement One Year Goals for the Number of Households Supported Through Rental Assistance 167 The Production of New Units 7 Rehab of Existing Units 54 Acquisition of Existing Units 0 Total 228 Table 45-One Year Goals for Affordable Housing by Support Type Discussion Consolidated Plan CORPUS CHRISTI 130 OMB Control No:2506-0117(exp.09/30/2021) AP-60 Public Housing — 91.220(h) Introduction CCHA is no longer a public housing agency since the RAD conversion. Actions planned during the next year to address the needs to public housing CCHA is no longer a public housing agency since the RAD conversion. Actions to encourage public housing residents to become more involved in management and participate in homeownership CCHA is no longer a public housing agency since the RAD conversion. If the PHA is designated as troubled, describe the manner in which financial assistance will be provided or other assistance N/A Discussion Consolidated Plan CORPUS CHRISTI 131 OMB Control No:2506-0117(exp.09/30/2021) AP-65 Homeless and Other Special Needs Activities — 91.220(i) Introduction The City is an active participant in the Homeless Issues Partnership, Inc, (HIP). The City recently worked with HIP to allocate funding to support the implementation of a Coordinated Entry System (CES). The City continues to work with HIP to identifying eligible activities for the FY2024-2025 Annual Action Plan. The City also coordinates with the Texas Homeless Networks Balance of State staff on annual ESG allocations. The special needs population includes individuals having mobility impairments, disabilities, or that require supportive services. Typically, this population has severe or persistent mental illness, development and/or physical disabilities. Several organizations provide facilities and services for special needs populations in Corpus Christi. Describe the jurisdictions one-year goals and actions for reducing and ending homelessness including The city will fund Hope House and Salvation Army homeless programs in order to provide assistance to keep individuals and families at- risk of homelessness stably housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through rapid rehousing program assistance. Reaching out to homeless persons (especially unsheltered persons) and assessing their individual needs Each January, HIP conducts a Point-in-Time (PIT) count of the City's sheltered and unsheltered homeless in coordination with Texas Homeless Network and Balance of State to ascertain the number and characteristics of the homeless population and to assess their needs. Corpus Christi's continued active participation in the PIT count gives the City the ability to collect information to be used in setting priorities, written standards, and performance measures for the area. CES is designed to account for the diversity of needs of people experiencing homelessness, urgently responds to these needs with permanent housing solutions, and successfully incorporates the housing, healthcare, and employment systems. This community response will ensure an accessible and navigable set of entry points; a universal assessment for all person requesting assistance; and effective and appropriate connections to housing and services for all populations. In addition, The Resource Fair will be held in the fall to provide both sheltered and unsheltered individuals and families with social service information and appointments are generally are set Consolidated Plan CORPUS CHRISTI 132 OMB Control No:2506-0117(exp.09/30/2021) up for these services. City leaders will be invited to participate. The City and HIP have also continued with the development and issuance of "Resource Cards" to all homeless persons which has a directory of service providers and services offered in the community. Corpus Christi Police Department also utilizes the resource cards with service and emergency information for the homeless on the streets. Addressing the emergency shelter and transitional housing needs of homeless persons Homeless providers are focusing efforts on increasing the bed count for the emergency shelter program. These efforts are reflected in the proposed ESG funding. HIP has been working to develop and implement a Housing First model, which is intended to replace transitional housing. The funding requested for FY 2024 will support the programs at Salvation Army that provide emergency shelter, homeless prevention, and rapid re-housing services to the ever-increasing number of homeless, poor, and working poor in the community. All cost estimates are based on the previous year's budget. The funding requested for Hope House will provide assistance and Emergency Shelter to homeless families, specifically, homeless women with children and provide assistance to keep individuals and families at-risk of homelessness stably housed through Homeless Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance, as well as Case Management. Budgeting classes will also be offered for clients receiving Homeless Prevention and Rapid Rehousing Assistance. Helping homeless persons (especially chronically homeless individuals and families, families with children, veterans and their families, and unaccompanied youth) make the transition to permanent housing and independent living, including shortening the period of time that individuals and families experience homelessness, facilitating access for homeless individuals and families to affordable housing units, and preventing individuals and families who were recently homeless from becoming homeless again Proposed funding for the ESG program include activities targeting improvements in the areas of rapid rehousing, discharge planning, and homeless prevention. For instance, ESG funds would allow Endeavors to serve additional Veterans who are homeless or at risk of homelessness in Corpus Christi with prevention funding to maintain housing or rapid rehousing services to regain housing stability. Endeavors will provide rapid re-housing assistance through security deposits, first month's rental assistance, and utility deposits. Consolidated Plan CORPUS CHRISTI 133 OMB Control No:2506-0117(exp.09/30/2021) Homeless prevention will be provided through the form of rental and utility arrears and continuing case management. The Salvation Army will continue to provide food, shelter, case management, and supportive services including coordinated entry, homeless prevention, and rapid re-housing to homeless and at-risk individuals, families, and veterans. Funding requested will also support Coordinated Entry and family reunification programs. Helping low-income individuals and families avoid becoming homeless, especially extremely low-income individuals and families and those who are: being discharged from publicly funded institutions and systems of care (such as health care facilities, mental health facilities, foster care and other youth facilities, and corrections programs and institutions); or, receiving assistance from public or private agencies that address housing, health, social services, employment, education, or youth needs Homeless prevention is a major focus of the participants in the Homeless Issues Partnership. For some agencies, homeless prevention is their sole purpose. Other agencies include homeless prevention as a support program in conjunction with the provision of shelter and other support services. The implemented Coordinated Entry System (CES) should assist greatly in identifying issues that impact homelessness and end the "recycling" of persons who are prone to bouts of homelessness. Discussion Consolidated Plan CORPUS CHRISTI 134 OMB Control No:2506-0117(exp.09/30/2021) AP-75 Barriers to affordable housing — 91.220(j) Introduction: In late 2017, the City of Corpus Christi completed its Assessment of Fair Housing (AFH). The City planned to submit the approved AFH to HUD on January 2, 2018. On January 5, 2018 HUD published a notice in the Federal Register that extended the AFH submission deadline for all Consolidated Plan grantees until after October 30, 2020. As a result, the City was unable to submit its locally-approved AFH to HUD for review. On May 23, 2018 HUD published a follow-up notice in the Federal Register withdrawing the January 5, 2018 notice that extended the AFH submission deadline for all Consolidated Plan grantees. On the same date HUD also published a notice in the Federal Register that withdrew the Local Government Assessment Tool which the City had utilized to prepare its AFH. HUD also reiterated the responsibility of all grantees that had not submitted their AFH that they must continue to comply with existing legal obligations to affirmatively further fair housing, including the preparation of an Analysis of Impediments to Fair Housing Choice (AI). The City of Corpus Christi has determined that it will use its locally-approved AFH document as its Al update because of the vast amount of resources expended to prepare the AFH document. These resources included funding, extensive community outreach, the time and effort expended to develop the data analysis and all other sections of the AFH. As part of its Consolidated Planning process currently underway, the City has identified the following fair housing strategies to be implemented over the next year (2024-2025) and over the next five years: Actions it planned to remove or ameliorate the negative effects of public policies that serve as barriers to affordable housing such as land use controls, tax policies affecting land, zoning ordinances, building codes, fees and charges, growth limitations, and policies affecting the return on residential investment The following Affordable Housing goals are to be addressed in FY 2024-2025. These are based on Tables 1 and 5 located in SP-55, Barriers to Affordable Housing: • By the end of 2024, the city will meet with local non-profit service providers, regional housing developers, and other stakeholder, to develop a strategy for increasing the availability of affordable housing in Corpus Christi over the next 10 to 20 years. • The City amended the Infill Housing Incentive Program (IHIP) guidelines. The amendment changed the program from a fee waiver program to a reimbursement program and expanded eligible expenses to include permits, fees, demolition, water/wastewater Consolidated Plan CORPUS CHRISTI 135 OMB Control No:2506-0117(exp.09/30/2021) infrastructure improvements, and infrastructure improvements to the sewer lines and streets. Also, the revision increased the length of time a builder must complete the home from six to nine months, removed the maximum square footage requirement, increased the allowable sales price to 80% of the area median, restricted homebuyers to those households with incomes at or below 80% of the area median, and set recapture requirements for the homebuyer. Reimbursement up to $25,000 is allowed. The City using local dollars through the Corpus Christi B Corporation authorized $1,000,000 over two years for the program and adopted the City Council approved program guidelines without the requirement that homes must be in a Community Development Block Grant block group area allowing homes to be built city-wide. • The City to further ameliorate the negative effects of public policies also approved $100,000 in the general fund operating budget to provide up to $7,000 developers fee waivers for homes built on infill lots. The program will increase the availability of homes for sale at an affordable price. The City also approved the Housing Development Fee Waivers for Non-qualifying Homebuyers Program Guidelines. Waivable fees in the program guidelines include building permit and plan review fees, municipal solid waste fees, and tap fees for water, wastewater, and gas. Reinspection fees are not included. Waived fees are not to exceed $7,000 per home. • The Housing Development Fee Waivers for Non-qualifying Homebuyers Program is a complementary program to the Infill Housing Incentive Program (IHIP). Builders can choose to participate in one program or the other but can't receive the benefit of both programs. • The City will continue to work on a comprehensive plan or policy to be adopted by City Council which will aim to address the challenge of affordable housing in Corpus Christi. Discussion: Consolidated Plan CORPUS CHRISTI 136 OMB Control No:2506-0117(exp.09/30/2021) AP-85 Other Actions — 91.220(k) Introduction: The City currently provides a variety of services to the residents of Corpus Christi, some funded by CDBG, HOME, and ESG, with private, State, and City funding bringing additional assets to bear on these problems. Below are some of the actions currently performed by the City or under consideration for the future. Actions planned to address obstacles to meeting underserved needs The City will continue its ongoing efforts to look for new funding sources for programs to address underserved needs. Funding is the major obstacle in providing the services needed to focus on the vast variety of issues that prevent families from breaking out of poverty and from living in the best, most affordable housing possible. Actions planned to foster and maintain affordable housing The City has allocated funding for several housing rehabilitation programs and has granted Habitat for Humanity funding for an acquisition and construction project. This project would allow habitat for humanity to purchase lots to build new construction single family homes for low-income families. Actions planned to reduce lead-based paint hazards The City provides lead-based paint hazard screening on all housing rehabilitation projects funded by the City using CDBG or HOME grant funds. It will continue these efforts during the five years of this Consolidated Plan. Actions planned to reduce the number of poverty-level families The City will continue its efforts in conjunction with the Homeless Issues Partnership and the Housing Authority of Corpus Christi to reduce the number of poverty-level families through the development of services needed to assist those families with educational opportunities,job growth, and life skills training through the various social service agencies operating in the city. The City will also work with the Texas Homeless Network in order to explore the best use of funding to assist poverty-level families. Actions planned to develop institutional structure The City continues to make attempts to build its CHDO base and encourage more CHDO's to participate in the HOME Program. Since the 2013-2017 Consolidated Action Plan the City's relationship with the existing CHDOs has increased; with a new CHDO (Habitat for Humanity) Consolidated Plan CORPUS CHRISTI 137 OMB Control No:2506-0117(exp.09/30/2021) was established. Additional CHDO's are sought for the competitive process. The City has also been fortunate to receive projects with Housing Tax Credits each year thus supporting affordable housing in the community. The City has begun to regularly attend the Texas Homeless Network's Balance of State monthly meetings by Webinar and have begun to participate in the Advisory Council on Homelessness, Mental Health, and Substance Abuse. This effort is to maintain and build the City's infrastructure regarding homelessness in the community. The City is working to continue to build on its strengths and meet the gaps identified in the 5-year plan. The City is also working to strengthen its relationship with the Corpus Christi Housing Authority, which will overall benefit the low income families which we both serve. Actions planned to enhance coordination between public and private housing and social service agencies The City will continue to coordinate planning activities with private housing and social service agencies, including participation in the Housing Issues Partnership meetings, development of the Continuum of Care, and enumeration of point-in-time and homeless surveys. City staff will also continue its participation in other coalitions and study groups as the opportunity arises. The City will also continue its efforts of collaborating with the Corpus Christi Housing Authority to develop a program which will assist in providing infill rental housing in order to expand the city's overall Affordable Housing inventory. The City has created a collaborative homeless outreach team that includes agencies serving veterans, those needing substance use disorder treatment and those needing mental health services. The collaborative homeless outreach team performs weekly street outreach at different locations across the City to reach the chronically homeless. In addition, the City is establishing strong working relationships with local housing developers by establishing affordable housing policies and procedures and continuing to provide guidance and support to funded agencies. Discussion: Throughout 2022, the City of Corpus Christi was a member of the Bloomberg Harvard City Leadership Initiative Innovation Track with creating solutions in response to homelessness as the focus. Through that program, 169 services providers, unsheltered homeless persons, residents, and businesses were engaged. Engagements included identifying issues, examining gaps, and testing assumptions. Responses received through the program identified that there are gaps throughout the continuum of care for the homeless and current options are not adequate. This presents a problem for people unable to access the care and services they need trapping individuals in a cycle of homelessness. Gaps in the continuum of care were identified as rental assistance, supportive housing, supportive services such as transportation,job Consolidated Plan CORPUS CHRISTI 138 OMB Control No:2506-0117(exp.09/30/2021) training, mental health services, substance use disorder treatment, maintaining adequate documents such as identification and other supportive services. The negative impacts of homelessness on neighborhoods and businesses were discussed as well. AP-90 Program Specific Requirements — 91.220(1)(1,2,4) Introduction: The following provides details on program specific requirements for each of the three entitlement programs, Community Development Block Grant, HOME Investment Partnership, and Emergency Solutions Grant. Community Development Block Grant Program (CDBG) Reference 24 CFR 91.220(1)(1) Projects planned with all CDBG funds expected to be available during the year are identified in the Projects Table. The following identifies program income that is available for use that is included in projects to be carried out. 1. The total amount of program income that will have been received before $392,364 the start of the next program year and that has not yet been reprogrammed 2. The amount of proceeds from section 108 loan guarantees that will be 0 used during the year to address the priority needs and specific objectives identified in the grantee's strategic plan 3. The amount of surplus funds from urban renewal settlements 0 4. The amount of any grant funds returned to the line of credit for which the 0 planned use has not been included in a prior statement or plan. 5. The amount of income from float-funded activities 0 Total Program Income $392,364 Other CDBG Requirements 1. The amount of urgent need activities 0 2. The estimated percentage of CDBG funds that will be used for activities that benefit persons of low and moderate income. Overall Benefit -A consecutive period of one, two or three years may be used to determine that a minimum overall benefit of 70% of CDBG funds is used to benefit persons of low and moderate income. Specify the years covered that include this Annual Action Plan. 100.00% HOME Investment Partnership Program (HOME) Reference 24 CFR 91.220(1)(2) 1. A description of other forms of investment being used beyond those identified in Section Consolidated Plan CORPUS CHRISTI 139 OMB Control No:2506-0117(exp.09/30/2021) 92.205 is as follows: The City is not utilizing other forms of investment beyond those identified in Section 92.205. 2. A description of the guidelines that will be used for resale or recapture of HOME funds when used for homebuyer activities as required in 92.254, is as follows: The following language is included in the homebuyer agreement for the homebuyer assistance program: This Agreement, the related Deed of Trust and Promissory Note refer to the affordability provisions of 24 Code of Federal Regulations (CFR) Section 92.254. As the affordability provisions place some limitations on your ability to sell the property for a period of five (5)years,you should be sure that you thoroughly understand these documents before you sign them. You should obtain legal advice if you do not understand any provision. *language in the agreement to cover loan forgiveness, recapture and failure to pay: LOAN FORGIVENESS: Homebuyer understands and agrees that provided that the Property remains the Homebuyer's principal place of residence throughout the five (5) year affordability period, after the Beginning Date as defined in paragraph 9 of this Agreement,the City will forgive 100%of Homebuyer's original principal amount of the HOME Funds Loan ("Loan"), and no further sums will be due to the City. FAILURE TO REPAY: HOMEBUYER UNDERSTANDS AND AGREES THAT FAILURE TO REPAY THE HOME FUNDS IN ACCORDANCE WITH THIS AGREEMENT AND/OR THE LOAN DOCUMENTS AND/OR TO COMPLY WITH THE OTHER PROVISIONS OF THE LOAN DOCUMENTS, MAY RESULT IN THE FORECLOSURE OF THE CITY'S LIEN AGAINSTTHE PROPERTY AND THE LOSS OF HOMEBUYER'S RESIDENCE AND THE PROPERTY. RECAPTURE PROVISION: Homebuyer understands and agrees that if Homebuyer sells the Property voluntarily or involuntarily through foreclosure, within the five (5) year period of affordability, then the City will recapture all or a portion of the Loan provided to the Homebuyer as provided in this paragraph: The Loan will be forgiven pro rata by 1/60th of the original amount over the five (5)year period of affordability for each month the Loan is outstanding. The monthly reductions shall take effect on the same day of the month as the Beginning Date of the period of affordability, as defined in paragraph 9 of this Agreement, and will continue throughout the period of affordability as long as the home remains the principal residence of the Homebuyer. The City of Corpus Christi has adopted a Recapture Policy that serves to address the continued affordability of housing units acquired with HOME funds. Recaptured funds are HOME funds which are recouped by the City of Corpus Christi when HOME assisted homeownership housing Consolidated Plan CORPUS CHRISTI 140 OMB Control No:2506-0117(exp.09/30/2021) does not continue to be the principal residence of the assisted homebuyer for the full affordability period required by 24 CFR 92.254(a)(4). When HOME funds are used to assist a household in the purchase of a unit, restrictions will be placed on the unit to ensure compliance with the recapture requirements described in 24 CFR 92.254(a)(5)(ii). This section sets forth the method that will be used by the City of Corpus Christi to enforce these requirements. In the event there is a transfer of title, voluntary or involuntary, within the affordability period, the City of Corpus Christi has selected the "Owner Investment Returned First" recapture option (as defined under 24 CFR 92.254(a)(5)(ii)(A)(4) to calculate the recapture amount. The Homebuyer Subsidy(Direct Subsidy) is the amount of the subject to the recapture provisions. *If the net proceeds from a voluntary sale or involuntary sale by foreclosure are insufficient to repay the prorated amount of the Loan provided to the Homebuyer, the City shall recapture the entire amount of net proceeds from the sale. If there are no net proceeds from the sale, no repayment is required. Net proceeds are defined as the sales price minus superior loan repayment and any closing costs incurred by the homebuyer. 3. A description of the guidelines for resale or recapture that ensures the affordability of units acquired with HOME funds? See 24 CFR 92.254(a)(4) are as follows: Homebuyer agrees to comply with all applicable requirements of the HUD Affordable housing home ownership statutes and regulations, including but not limited to 24 CFR §92.254, and more specifically 24 CFR § 92.254(a) entitled "Qualification as Affordable Housing: Homeownership", as amended. Homebuyer agrees that the housing being purchased must be a single residential unit. The unit maybe a house, condo, townhome, or manufactured home, Funds will not be provided to purchase properties with multi-units. The housing must be modest housing meaning the maximum sales price cannot exceed 95% of the median purchase price for the area. 4. Plans for using HOME funds to refinance existing debt secured by multifamily housing that is rehabilitated with HOME funds along with a description of the refinancing guidelines required that will be used under 24 CFR 92.206(b), are as follows: The City has no current projects in this category. Consolidated Plan CORPUS CHRISTI 141 OMB Control No:2506-0117(exp.09/30/2021) Emergency Solutions Grant (ESG) Reference 91.220(1)(4) 1. Include written standards for providing ESG assistance (may include as attachment) Written standards are attached to this Action Plan. 2. If the Continuum of Care has established centralized or coordinated assessment system that meets HUD requirements, describe that centralized or coordinated assessment system. The City worked closely with THN and HIP to develop and implement a Coordinated Entry System (CES) that began in April 2018. The Salvation Army has taken the lead in the effort to provide a central point to determine the housing and social service needs of homeless persons. Homeless Issues Partnership, Inc (HIP) is managing the CES. 3. Identify the process for making sub-awards and describe how the ESG allocation available to private nonprofit organizations (including community and faith-based organizations). Funds will be awarded to community-based nonprofit organizations providing emergency shelter and related services to the homeless, on a dollar-for-dollar match. ESG funds will be used for homeless prevention and rapid re-housing. During this process, request for proposals were released and nonprofit organizations applied for funding. Staff reviewed the requests and provided a narrative to department staff. Department staff reviewed, evaluated and scored each recipient request. Based on the score given, projects were ranked by score and were recommended funding by their rank. Projects were presented to City Council for approval. It is a priority of HUD and the City of Corpus Christi to work under a "Continuum of Care" approach to homelessness to assist homeless individuals and families to obtain a decent living environment, either through rental housing or home ownership. The Housing and Community Development Department specifically seeks proposals to provide shelter and supportive services for the homeless. 4. If the jurisdiction is unable to meet the homeless participation requirement in 24 CFR 576.405(a), the jurisdiction must specify its plan for reaching out to and consulting with homeless or formerly homeless individuals in considering policies and funding decisions regarding facilities and services funded under ESG. The City requires non-profits participating in the ESG program to have homeless representatives on their boards of directors. This is monitored on an annual basis. Consolidated Plan CORPUS CHRISTI 142 OMB Control No:2506-0117(exp.09/30/2021) 5. Describe performance standards for evaluating ESG. The City measures by using Performance Measures/Quality Controls, Monitoring Activities, and Monitoring Schedules for evaluating ESG performance standards. See Appendix 2 The City strives to meet all program specific requirements as detailed in the enabling legislation and program guidelines. City staff works with subgrantees to ensure that these requirements are met and oversees internal operations towards the same goal. Consolidated Plan CORPUS CHRISTI 143 OMB Control No:2506-0117(exp.09/30/2021) Appendix Consolidated Plan CORPUS CHRISTI 144 OMB Control No:2506-0117(exp.09/30/2021) Citizen Participation Comments To be added Consolidated Plan CORPUS CHRISTI 145 OMB Control No:2506-0117(exp.09/30/2021) Unique Appendices To be added Consolidated Plan CORPUS CHRISTI 146 OMB Control No:2506-0117(exp.09/30/2021) SF 424 and Certifications To be added Consolidated Plan CORPUS CHRISTI 147 OMB Control No:2506-0117(exp.09/30/2021) CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2024/PY2023 CDBG Entitlement $2,663,378 $2,663,378 $2,663,378 Reprogrammed Funds $577,874.47 $452,235 $452,235 Program Income $392,364 $392,364 TOTAL FUNDS AVAILABLE $3,241,252 $3,507,977 $3,507,977 # PROJECT&DESCRIPTION Requested Proposed Recommended After Comments Grant Monitoring -Minor Home Repair Grant Program The Minor Home Repair Grant Program will assist 44 homeowners on the waiting list with a grant to provide repairs involving the roof, plumbing, electrical, heating, minor structural repairs,and accessible ramps.The $1,400,520 $1,400,520 $1,102,204 applicant must be at least 62 years old or disabled. The applicant must meet the very low-income limits(50%AMI). 1 Rising Tide Ministries-"Safe at Home"Program Rising Tide Ministries will provide a Minor Home Repair Grant"Safe at Home" Program assists with a grant to improve aging-in-place outcomes for low-income older adults by making repairs to their home environment to meet their mobility and accessibility needs including repairs such as $200,000 $50,000 $50,000 accessible ramps, handrails,bathroom and kitchen modifications.The applicant must be at least 62 years old or disabled.The applicant must meet the very low-income limits (50%AMI) 2 Rising Tide Ministries-Wave Academy Program Rising Tide Ministries will provide a Wave Academy program to offer assistance to low-to moderate residents seeking employment or better employment with Identification cards,education, certification or tools for $150,000 $50,000 $50,000 employment. Through the program residents will increase their earning potential and qualify of life. 3 Parks and Recreation-Dr. HC Dilworth Pavilion Dr. HC Dilworth Park is an underserved area that would benefit from having park amenities that would improve the health and well-being of its residents. Improvement may include but are not limited to a covered pavilion toa 30'x 30' covered pavilion,concrete floor with new sidewalks, $215,865 $320,000 $320,000 wood structure on pier foundation,asphalt shingle tile roof,controlled lighting,electrical service and wooden sunscreen structures. 4 Parks and Recreation-Littles-Martin House Parks is requesting funding for the renovation of the Littles-Martin House. The home was relocated to Heritage Park area which is located on a CDBG census tract. Heritage Park contains historic preservation homes that are registered in the National Registry. The Littles-Martin home is not eligible for historic preservation because it was relocated from another site. However, Littles-Martin is a registered landmark. Heritage Park is Corpus Christi's historic park which hosts and supports many art and cultural $343,485 $343,485 $343,485 activities,as well as a variety of community events throughout the year. The home was restored by the National Association of Colored People (NAACP)to serve as its Corpus Christi headquarters. However,significant weather events have damaged the home. The Parks Department is requesting CDBG funding for the preservation of the home. 5 CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2024/PY2023 CDBG Entitlement $2,663,378 $2,663,378 $2,663,378 Reprogrammed Funds $577,874.47 $452,235 $452,235 Program Income $392,364 $392,364 TOTAL FUNDS AVAILABLE $3,241,252 $3,507,977 $3,507,977 # PROJECT&DESCRIPTION Requested Proposed Recommended After Comments Corpus Christi Police Department-Corpus Christi Police Athletic League(CC-PAL) CCPAL was established in 2003 and has offered baseball,volleyball, basketball,and Taekwondo to thousands of kids from ages 6-18 at the gym.A significant percentage of the youth it serves live in challenged neighborhoods and have limited resources to learn the teambuilding, $80,000 $151,955 $151,955 leadership,self-esteem,and character skills that are taught.The renovations may include but are not limited to bleachers,basketball backstops,volleyball score clocks,a storage addition,improvements to the concession stand and exterior improvements. 6 Code Enforcement Program Staffing This request is to fund full salaries for 10 full-time employees in the Code Enforcement Division of Development Services-9 Compliance Officers at 100%and 1 Administrative Support II at 100%for special enforcement activities associated with the investigation, notification and abatement of ordinance violations in CDBG eligible areas.This amount includes benefits and training/certifications for a total program cost of$301,652 . Program benefits low-income persons in CDBG eligible areas to aid in the prevention/elimination of slums or blight.All CDBG eligible census tracts in the city meet the HUD criteria for a deterioration area and meet the national objective of serving the low-income clients.Code Enforcement's "special effort" mission is to strengthen neighborhoods,by preventing the deterioration of housing and properties in all CDBG eligible areas,through the enforcement and abatement of code violations.The Code Enforcement $301,652 $306,501 $604,817 Division utilizes CDBG funds to provide Code Enforcement activities within designated areas meeting low-income levels identified by HUD.These activities are a"special effort"in addition to the regular Code Enforcement activities provided citywide and funded by the general fund.The CDBG special activity is defined as a more concentrated effort to assist in housing rehabilitation and housing preservation in deteriorating areas,where combined with other public or private improvements, rehabilitation,or services,would be expected to prevent or eliminate slum and blighted conditions within the area. 7 CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2024/PY2023 CDBG Entitlement $2,663,378 $2,663,378 $2,663,378 Reprogrammed Funds $577,874.47 $452,235 $452,235 Program Income $392,364 $392,364 TOTAL FUNDS AVAILABLE $3,241,252 $3,507,977 $3,507,977 # PROJECT&DESCRIPTION Requested Proposed Recommended After Comments Grant Monitoring -Program Administration This request funds 5 FTEs. 1 Sr. Management Assistant at about 70%; 1 Contract Administrator at about 60%; 1 Contract Administrator at about 45.5%; 1 Grant Monitoring Program Coordinator at about 55%; 1 Assistant Director at about 50%.These staff are funded predominately from CDBG General Administration.The remaining percentages are funded from other funds.Staff interprets CDBG, HOME,and ESG federal regulations, conducts public hearings/meetings, reviews proposed projects and activities to determine funding and eligibility, monitors subrecipients for $356,785 $356,785 $356,785 program compliance,provides technical assistance,conducts environmental assessments of funding projects/activities,and enforces Davis Bacon Federal Labor Standards requirements. Staff must attend mandatory and required trainings in order to remain in federal compliance. 8 Grant Monitoring -Program Delivery This request funds 7 FTEs. 1 Program Manager at about 65%;2 Rehabiliation Specialists at about 95%; 1 Program Coordinator at about 50%; 1 Program Coordinator at about 90%; 1 Program Specialist at about 90%; 1 Program Specialist at about 95%.The Program Specialist at about 95%is a new FTE.These staff are funded predominately from CDBG Program Delivery.The remaining percentages are funded from other funds The staff manage and administer the Single Family Rehabilitation Loan Program, Minor Home Repair Grant Program, Homebuyer Down Payment and Closing Cost Assistance Program,and Mortgage Servicing which manages the servicing of approximately 550 loans provided through the Single Family Rehabilitation Loan Programs. Services include collection of $528,731 $528,731 $528,731 loan payments,escrowing of insurance and property taxes,payment of insurance and property taxes, preparing end of year escrow analysis,and providing release of liens on loans that are paid off. Services provided include applicant in-take, loan processing,loan settlement,construction monitoring, project estimating,and development of specifications and drawings. Staff must attend mandatory and required trainings to remain in federal compliance. 9 Corpus Christi Hope House-Facility Improvements Corpus Christi Hope House provides emergency shelter and supportive services to homeless families with children, community outreach services, Homeless Prevention,and Rapid Rehousing Assistance. The organization strives to assist homeless/at-risk of homeless individuals and families; focus on family stability and systematic change;empower clients to accept individual responsibility and move toward self-sufficiency and assist clients $300,000 $0 $0 to secure ad/or maintain permanent housing. Funds will be used to rehabilitate and improve facilities used to provide program activities at 630 Robinson Street,658 Robinson Street and 3226 Reid Drive. 10 CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN Community Development Block Grant(CDBG) FY2024/PY2023 CDBG Entitlement $2,663,378 $2,663,378 $2,663,378 Reprogrammed Funds $577,874.47 $452,235 $452,235 Program Income $392,364 $392,364 TOTAL FUNDS AVAILABLE $3,241,252 $3,507,977 $3,507,977 # PROJECT&DESCRIPTION Requested Proposed Recommended After Comments Parks and Recreation -Golden Oaks Park Improvements for playground and shade structure $208,505 $0 $0 11 TG-110 Samuel Place Playground Install playground at Samuel Place Affordable Housing Development $180,000 $0 $0 12 TOTAL $4,265,543 j $3,507,977 j $3,507,977 CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN Emergency Solutions Grant (ESG) FY2024/PY2023 $234,034 $235,549 # PROJECT & DESCRIPTION Previous Year proposed Allocation Corpus Christi Hope House The funding requested will provide emergency shelter and supportive services to homeless families, specifically, homeless women with children and provide assistance to keep individuals and families at- risk of homelessness stably housed through Homeless $116,481 $117,883 Prevention Program Assistance, and transition individuals and families out of homelessness into permanent housing through Rapid Rehousing Program Assistance 1 The Salvation Army The requested funding will allow TSA to continue to provide food, shelter, case management, and supportive services including Rapid Rehousing to homeless and at-risk individuals, families and Veterans. Specifically, Emergency Shelter funding will $100,000 $100,000 provide case management and kitchen staff, and a portion of shelter utilities, maintenance, and food (10,000 cases/year). Rapid-Rehousing portion will provide 5 households with an average of 3 people 2 each for a total of 15 people. Grant Monitoring - Program Administration Administrative Cost is being requested to fund a portion of a staff person for the overall administration of the Emergency Solutions Grant Program. These $17,553 $17,666 functions include the financial oversight, compliance, and technical assistance components of the program. 3 Total $234,034 235 549 CITY OF CORPUS CHRISTI FY2024 ANNUAL ACTION PLAN HOME Investment Partnerships Program (HOME) FY2024/PY2023 HOME Entitlement $1,352,610 $1,352,610 Reprogram $0 $0 Program Income $308,520 $308,520 TOTAL FUNDS AVAILABLE $1,661,130 $1,661,130 # PROJECT& DESCRIPTION Requested Proposed Grant Monitoring - Single Family Rehabilitation The Single Family Rehabilitation Loan Program benefits only low- and very low-income homeowners. The program provides zero percent loans to homeowners interested in rehabilitating their homes. Funds requested will be used to provide demolition and $969,349 $1,063,517 relocation grants and reconstruction loans to eligible homeowners whose homes are 51% deteriorated. 7 homes 1 Habitat for Humanity - Land Acquisition and Construction Habitat for Humanity is proposing to purchase minimum of 4 lots to build new single family residential homes for low income $431,500 $431,500 families. 2 Grant Monitoring -Admin& Technical Assistance This request funds 1 FTE which is a Management Assistant at about 60%. This staff is funded predominately from HOME General Administration. The remaining percentage is funded from other funds.Administrative funds for staff planning, oversight, coordination, staff supervision, monitoring and evaluation, contracting, record keeping/reporting and overall $166,113 $166,113 program management. Staff training and administrative expenses are also included in the request. Technical assistance will be provided to enhance the capacity of CHDO's, non-profits, owners/investors of rental property and other organizations that may participate in the program. 3 TG 110, Inc- Roofing Improvements Fortified Roofing retrofit project to meet climate resiliency to support low-income families in TG 110, Inc., multifamily $750,000 $0 4 communities. Coastal Bend Wellness Foundation Coastal Bend Wellness Foundation has over 37 years experience working with low-income and disenfranchised people. CBWF proposes to build 24 one-bedroom ADA townhome units $445,000 $0 for low-income elderly population. The project is designed as a micro-community, to allow the residents to build relationships and 5 a sense of community. Total $2,761,962 $1,661,130 Five Year Consolidated Plan, Annual Action Plan, and Citizen Participation Plan for Community Development Block Grant, Emergency Solutions Grant, and HOME Investment Partnerships Program July 25, 2023 Five Year Consolidated Plan • Required for all U.S. Department of Housing and Urban Development (HUD) funding • Covers the Program Period of October 1, 2023, thru September 30, 2028 • Components: • Stakeholder Consultation • Housing and Homeless Needs Assessment • Housing Market Analysis • Strategic Plan — Local Priorities • Annual Action Plan — Proposed Activities for Program Year 2023 (October 1, 2023- September 30, 2024) • Must be submitted to HUD no later than August 16, 2023 opus cy Timeline 'ie"sz Milestones Date Needs Assessment Public Meetings and Stakeholder Input March-April 2023 Technical Assistance Workshops April 5, 2023 Applications Due May 1, 2023 Public Comment Period June 20-July 20, 2023 15t Reading/Public Hearing July 25, 2023 2"d Reading/Adoption August 8, 2023 Submission to HUD Deadline August 16, 2022 Stakeholder Consultations • Five Council District public meeting session in March to obtain input from citizens • Conducted 12 stakeholder sessions and one-on-one interviews with local organizations in April including: • The Corpus Christi Housing Authority • Homeless shelters/homeless service providers/homeless advocates • Advocacy organizations (persons w/disabilities, fair housing, housing) • Economic development entities • Affordable for profit and not for profit housing developers • Social service providers • City Departments • Conducted City-wide survey on housing, homelessness, and community development which resulted in nearly 200 responses Five Year Priority Needs • Increase and Maintain Affordable Housing for Low Income Households through: • Housing Repair and r Rehabilitation i • Homebuyer Program and Builder Program q ;� _ .; p �� ., -. New Construction • Rental Housing (New Construction and Rehabilitation) Five Year Priority Needs Continued • Public Facilities/Infrastructure Improvements including: • Improvements to Youth Centers • Improvements to Neighborhood Facilities • Park and Recreation Improvements • Accessibility Improvements • Curbs/Sidewalks/Street Improvements • Addressing Homelessness/At-Risk of Homelessness for Households below 30% AMI • Public Services/Programs Related to Healthy Outcomes for low- moderate income (LMI) households and senior services • Public Services Related to LMI Households for Job Training and Employment Enhancement Programs • Public Services Related to LMI Households for Code Enforcement Annual Action Plan • Proposed Activities for October 1, 2023- September 30, 2024 • Community Development Block Grant (CDBG) • Develops viable urban communities for low- and moderate- income persons and supports community development activities to build stronger and more resilient communities • Emergency Solutions Grant (ESG) • Focuses on assisting people to quickly regain stability in permanent housing after experiencing a housing crisis and/or homelessness • HOME Investment Partnerships Program (HOME) • Creates and maintains affordable housing for low-income households Examples of Previous Projects �r i e { Salinas Park Improvements Single Family Demo/Reconstruction FY 2024 CDBG CDBG Entitlement $2,663,378 Reprogrammed Funds $452,235 Program Income $392,364 TOTAL FUNDS AVAILABLE $3,507,977 # PROJECT&DESCRIPTION Recommended 1 Grant Monitoring -Minor Home Repair Grant Program $1,102,204 2 Rising Tide Ministries-"Safe at Home" Program $50,000 3 Rising Tide Ministries-Wave Academy Program $50,000 4 Parks and Recreation-Dr. HC Dilworth Pavilion $320,000 5 Parks and Recreation-Littles-Martin House $343,485 6 Corpus Christi Police Athletic League(CC-PAL) $151,955 7 Code Enforcement Program Staffing $604,817 8 Grant Monitoring -Program Administration $356,785 9 Grant Monitoring -Program Delivery $528,731 10 Corpus Christi Hope House-Facility Improvements $0 11 Parks and Recreation -Golden Oaks Park $0 12 TG-110 Samuel Place Playground $0 TOTAL $3,507,977 FY 2024 ESG ESG Funds Available $235,549 # PROJECT&DESCRIPTION Recommended 1 Corpus Christi Hope House $117,883 2 The Salvation Army $100,000 3 Grant Monitoring - Program Administration $17,666 Total $235,549 "V1 FY 2024 HOME HOME Entitlement $1,352,610 Reprogram $0 Program Income $308,520 TOTAL FUNDS AVAILABLE $1,661,130 # PROJECT&DESCRIPTION Recommended 1 Grant Monitoring - Single Family Rehabilitation $1,063,517 2 Habitat for Humanity- Land Acquisition &Construction $431,500 3 Grant Monitoring -Administration &Technical Assistance $166,113 4 TG 110, Inc-Roof Fortification $0 5 Coastal Bend Wellness Foundation -Senior Housing $0 $1,661,130 Citizen Participation Plan The Citizen Participation Plan describes how the City will provide for and encourage all citizens to participate in the development of plans covering HUD entitlement funds. r For example, the ConPlan must be on display for no less than 30 "� rtl _ ► days to allow for public comment and there must be two public meetings during the development of the plan. HUD Entitlement Staffing Change FY23 FY24 Change Code Enforcement Staffing Code Enforcement Officer 9 9 0 Administrative Support 2 1 1 -1 Code Enforcement Staffing Total 11 10 -1 Grant Monitoring Staffing Program Coordinator 3 3 0 Program Manager 1 1 0 Assistant Director 1 1 0 Contract Administrator 2 2 0 Program Specialist 1 2 1 Rehabilitation Specialist 2 2 0 Sr. Management Assistant 1 1 0 Management Assistant 1 1 0 Grant Monitoring Staffing Total 12 13 1 HUD Entitlement Staffing Total 23 23 0 07/17/2023 1201 Leopard Street City of Corpus Christi Cor pus Christi,TX 78401 cctexas.com Meeting Minutes City Council Thursday,April 6,2023 8:00 AM Executive Conference Room Sixth Floor City Hall 1201 Leopard Street with simulcast in Basement Training Room City Council Retreat/Goal Setting Planning Workshop A. Mayor Paulette Guajardo to call the meeting to order. Mayor Guajardo called the meeting to order at 9:00 a.m. B. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Note: Council Member Klein arrived at 11:10 a.m. Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos C. City Council Retreat on Governance and Agenda Setting for the Council 2023-2024 Term The retreat was facilitated by Chief Vision Officer of Courageous Leadership Alliance Todd Simmons and LaJuan Perronoski Fuller, Ph.D. (see attached after action report/improvement plan). I. Communication Accommodation: Communication between council members, the mayor's office, and the city manager to develop an environment of mutual respect and understanding. What was your desire to serve the City? 1) Desire to serve and listen to the community by providing solutions 2) Public service is important to provide access and transparency to the community 3)Ability to use the skills, talents, and upbringing for a better community 4) Passion for humanity, helping people and having a direct impact on people's lives What accomplishments are the Council members most proud of? City of Corpus Christi Page 1 Printed on 7/21/2023 City Council Meeting Minutes April 6,2023 1) Being part of the new Harbor Bridge development 2) Living in a diverse city 3)The progress and improvement to the community 4)Adding a swimming pool to Bill Witt Park and proposing the Regional Parkway 5) Being part of the change and growth of the city 6) The beaches and desire to protect what we have 7) The reinvestment in the downtown area 8) Improvements to sports facilities II. Conflict Management: Conflict management within societal and political norms. 1) Participants gave transparent and honest assessments of local issues 2) Successes and areas of improvement as a council 3)Willing to partner with unfamiliar team members to build rapport III. Action Planning and Priorities: Facilitate the process of developing council operating business rules/governance. 1)Working collaboratively with other council members and regional partners 2)Transportation infrastructure 3) Fiscally/environmentally responsible water supply 4) Economic development 5) Public safety IV. Agenda Setting: Agenda-setting and legacy (what will we be known for?). What do you want to be known for as a Council? 1) Moving city/projects forward 2) Public safety 3) Working for the public 4)Addressing water 5)Addressing streets How do we measure success with regard to implementing people's desires? 1) Less water boils 2) Budget record setting for water and streets 3) Brand new police academy 4) Master Planning How do the citizens know about our successes? 1) Better attempt at transparency with budget 2) More public input sessions (ex: opening doors to public regarding drought contingency plan, radio shows, hosting townhall meetings, creating newsletters) 3) Individual efforts 4) Respond to someone who has an issue 5) Testimonies City of Corpus Christi Page 2 Printed on 712112023 City Council Meeting Minutes April 6,2023 6) Social outreach Why is transparency important? 1) For constituents to trust their elected officials and know they are being represented properly Organizational Identity: Organization Legitimacy-aligns organizational value to the social system in which it operates Regulatory Legitimacy-doing things correctly Normative Legitimacy-doing things right Agenda Setting-paint an image: Assumption 1: the media filters and shapes what we see rather than just reflecting stories. Assumption 2: the more attention the media gives to an issue, the more likely the public will consider that issue to be important. The participants were taught three types of agenda setting: 1. Public Agenda Setting-The public determines the agenda for what is essential. 2. Media Agenda Setting-The media determines the agenda for what is essential. 3. Policy Agenda Setting-The public and media agenda influences policy-maker decisions. D. FY 2024 Budget Goal Setting Consensus Building for FY 2024 Budget Process: City Manager Peter Zanoni stated that the goal of the presentation is to summarize 15 budget priorities and gather feedback for the development of the FY 2024 proposed budget. Police-Five Year Staffing Plan: concern with overall traffic issues throughout the city; need to figure out how to address overtime or another alternative to compensate for staff shortage; a Council Member would rather add more officers than increase overtime; and consider reducing the speed limit in residential neighborhoods to reduce traffic violations. Fire-Four-Person Staffing Five-Year Plan: ensure island residents are included in discussion for Emergency Service District#2. Corpus Christi Fire Fighter Retirement System (CCFRS): it will cost the City$500,000 annually for the next five years to increase the firefighters salary$110 a month; and there are about 342 retirees and 482 active firefighters. Street Maintenance Fee: all residential customers who receive a utility bill will see this fee increase; a Council Member's desire to concentrate funding on residential streets; City of Corpus Christi Page 3 Printed on 7/21/2023 City Council Meeting Minutes April 6,2023 residential streets are a priority but don't want others to fall into disrepair at the same time; this money can be spent on curbs and gutters; and look at all funding alternatives before raising the rates. Funding for Residential Streets: the funding sources of$20 million is only for reconstruction of residential streets; consider increasing the industrial district revenue to determine how many streets will be impacted; the $6.1 million was calculated from what was left after funding other initiatives from four years ago; and possibly reduce fund balance for one-time projects. Streets-Type B Sales Tax Venue: address the Sunbelt Industrial District streets that are in poor condition; need to determine what industrial districts we have in each district and decide which one needs the most work; an opportunity to utilize this funding in District 4, specifically Compton Road; a Council Member commended staff for getting Prescott Street from Trojan to Padre Island added to the street project list; and more streets will be added to the list, but staff must start with a recommendation first, meet with council, and then get community input. Storm Water Fee and Storm Water Service Enhancements: the street sweeper on Ocean Drive is important to keep trash out of the bay; and the street sweepers are used throughout the city. Solid Waste Fee and Monthly Solid Waste Fee: commercial companies do the most damage to the streets; this rate increase was recommended by a rate consultant who was hired to analyze costs for recycling, trash and brush operations; the department is falling short on fuel costs and equipment; Solid Waste is behind about$500,000 on fuel costs this year; and need to be realistic about costs going up and not impede maintenance. Water/Wastewater Rates: a Council Member recommends that large water users should pay more per gallon; and full-time employees increased significantly because of the 20 percent vacancy rate in the water department due to competition with local industries. Property Tax Rates: the governor announced a$35 billion surplus to give residents a tax break; a Council Member's priority is a tax break for all residents; the tax break is a regressive reduction, so a home with a higher value will get a bigger tax break; consider looking at a dollar based tax break as opposed to a percentage based tax break; consider doing a step-up program over several years; need to look at how it impacts the budget; need workshop on Industrial District Agreements; and find ways to cut costs rather than increase revenue. San Patricio Economic Development Corporation (EDC): what do we get in return; why does San Patricio need more money if they don't want to attract more industries; and need to focus on giving that money to our own EDC rather than theirs. City of Corpus Christi Page 4 Printed on 7/21/2023 City Council Meeting Minutes April 6,2023 Animal Care Services: the major issue to address is why animals are being turned away; focus on public safety; and a concern about keeping animals too long and hindering pick up of potentially dangerous animals. Environmental Sustainability Staffing: look at City's business process-is the City environmentally sustainable; this would be the beginning of establishing a more robust department; hopes that we could capture some TAMUCC graduates to keep them here; a Council Member feels these positions should be part of the department's individual operations; request for an analysis to see if it is needed; many departments already have some type of component built in; this unit would focus on sustainability and create a centralized plan; a Council Member's concern about creating a department without specific goals in place; environmental sustainability would provide a lens with which other departments could help create their own programs; need to find a way to reward industry that is keeping their operations clean; look at current personnel-we may have the asset and just need to reorganize what we already have; and the City Manager recommends starting with one or two staff members to create this department. Parker Pool: the need for a long-term plan to replace pools that have not been addressed in the last 30 years; and need maintenance plan for pools citywide. Future Mandated Increases for Maintenance and Operations: be cognizant of enterprise funds. E. ADJOURNMENT Mayor Guajardo adjourned the meeting at 5:04 p.m. t City of Corpus Christi Page 5 Printed on 712112023 CRRRRRERNS LEROERSNIP NLLIRNCE COURAGEOUS LEADERSHIP ALLIANCE INC. Lm A ,L• 4 WL Service Disabled Veteran Owned Business COURAGEOL LEADERSHIP ALLIANCE;iNC. Small Buisness 17 STE 1160 Veteran Owned Business Washington, District Of Columbia 20006, United States Minority Owned Business, O 719.661.9104 LEADERSHIP DEVELOPMENT 0 info@courageouslead.com EDUCATION SERVICES www.courageouslead.com CAGE: 8FYL6. UEI: HM8BC9HK6E47 After-Action Report/ City of Corpus Christi Leadership Retreat Improvement Plan (AAR/IP) OVERVIEW �M= City of Corpus Christi Leadership Retreat 1 Thursday,April 6,2023 This retreat event aimed to facilitate communication between the City Council;introduce conflict management techniques within societal and political norms;streamline processes of developing/reviewing City Council operating business rules and governance;agenda setting,and FY 2024 budget items for consideration. Participating Courageous Leadership Alliance INC. Organizations Todd Simmons,Founder and Chief Vision Officer(CVO) CityCorpusof Christi Leadership Retreat After-Action Report/Improvement Plan April 24, 2023 The After-Action Report/Improvement Plan (AAR/IP) aligns leadership retreat objectives with the learning and application objectives (LAO) and with training and development grounded in four main theories for governance/business rule development: Organizational Theory (OT), Agency Theory (AT), Stakeholder Theory (STI); and Sociological Theory (ST2). After-Action Report/ City of Corpus Christi Leadership Retreat Improvement Plan (AAR/IP) Objective 1 Facilitate Communication Between Council Members Core Capability LAO 1. Communication between council members, the mayor's office, and the city manager to develop an environment of mutual respect and understanding. The retreat began with asking Council Members and the Mayor to reflect on "why" they wanted to become representatives of their district/city. Each attendee provided the "why," which led to an open discussion to advance available communication channels. The facilitator asked follow- up questions to guide each participant to reveal overall objectives and potential goals to reflect the best-case scenario for their district and city. Affective (feeling) and cognitive (point of view) concepts to conclude the conversation. Participants were informed that affective is emotion-based and can be a contagion. Contagion is not sustainable and can degrade the communication. Cognitive was also introduced to mitigate the impact of the affective reaction. Participants could listen to each other's "why" to build the cognitive (point of view) approach to better understand each other's discussion in future meetings. Strengths Strength 1: Participants were open to listening and sharing thoughts. Strength 2: Participants were willing to listen and use non-verbal communication actively. Strength 3: Participants experienced repeated interactions to reduce known/unknown misconceptions. Areas for Improvement Area for Improvement 1: Participants should first include the "why" in all communication to give listeners the purpose. Then,participants should apply active listening techniques and be mindful of nonverbal communication movements. Analysis: The root cause of the lack of mutual respect may be communication and listening techniques that rely more on affective than cognitive. As a potential result, emotional contagion (matching emotion for emotion) and lack of active listening (cognitive) may have contributed to perceived or actual disrespectful communication between participants. Objective 2 introduces potential societal and political factors that may degrade mutual respect meeting relationships. Objective 2 Introduce Conflict Management Techniques Core Capability LAO 2: Conflict management within societal and political norms. 2 Courageous Leadership Alliance After-Action Report/ City of Corpus Christi Leadership Retreat Improvement Plan (AARIP) Participants were given guidance on the social identity (SI) approach. SI approach consists of the social norm theory (SNT) and social identity theory (SIT). Participants were given examples of how the SI approach is applied in group dynamics. At the same time, a person is compelled to become a member of a group with similar or desirable characteristics (in-group). In-groups are known as "us," and non-similar or out-groups are known as "them." This may have created an unlimited "us versus "them" power dynamics. For example, a representative from District A speaks for their in-group (us) but considers District B, C, and so on as out-groups (them). The participants were given guidance on empathetic leadership and professional relationship trust(PRT). PRT is a stepwise method of building trust. First, calculus-based trust is the initial step built by following written policy,procedures, and governance. Over time and repeated interactions,the participants can transition to knowledge-based trust(KBT). KBT is the ability to predict members'responses in certain situations. For example, Member A can predict that Member B will or will not negatively react to a specific statement,behavior, or action. Then, over time and repeated interactions,participants transition to identity-based trust(IBT). IBT is the ability for members to speak on behalf of each other without asking for permission. IBT is rarely achieved in business and is less likely relevant for the council. Strengths Strength 1: Participants gave transparent and honest assessments of local issues. Strength 2: Participants provided successes and areas of improvement as a council. Strength 3: Participants were willing to partner with unfamiliar team members to build rapport. Areas for Improvement Area for Improvement l: Members should introduce more opportunities for team building to build PRT or other trust-influencing tactics to improve the ability to predict behaviors and actions of council members in certain situations. This may reduce conflict between "us" versus "them" power dynamics that are unique to city councils. Analysis: The participants represent a population that views them as the in-group leader. Nonetheless, each District can be considered or perceived as opposing the other. For example, District A may perceive District C as non-similar based on demographics such as economic status/income. Suppose a District A representative perceives that District C's representative has more positive outcomes associated with their area. In that case,the District A representative will likely rely on stereotypes, unfounded opinions, and biases that accelerate conflict. Therefore, teambuilding events such as this retreat provide opportunities to reduce these negative attributes and, over time, manage conflict. This approach integrates with the Sociological theory, which suggests that transparent accounting and accountability promote social fairness and impartiality. Objective 3 Facilitate developing/reviewing City Council Operating Business Rules/Governance. Core Capability LAO 3. Facilitate the process of developing council operating business rules/governance. 3 Courageous Leadership Alliance After-Action Report/ City of Corpus Christi Leadership Retreat Improvement Plan (AAR/IP) Participants were presented with Organizational Theory (OT). OT is a framework and tool for developing local government business rules and/or governance. The facilitator reinforced the importance of developing and abiding by operating business rules based on the countless "us" versus "them"power dynamics in city councils. For example,the facilitator used the NCAA football teams Alabama(us)versus Auburn (them). The NCAA set the governing rules that both teams should follow. Consequently, without NCAA governance,the outcomes are less likely to advance competition that leads to positive results regardless of the win/loss scenario. Participants were introduced briefly to the importance of developing business rules to govern the vast representation within the council. The goal is to establish regulations that benefit the city's good without bias to a particular section or District that promote fairness and equal opportunities to present interests. Strengths Strength 1: Participants were willing to speak about situations,where rules may or may not have been considered. Strength 2: Participants unknowingly used language associated with in-group versus out-group opposition but could insert active listening that activates cognitive coupled with affective. Strength 3: Participants appear honest and passionate about the city's future and its residents. Areas for Improvement Area for Improvement 1: Participants should have a workshop to discuss current and proposed operating business rules. The workshop should provide an opportunity to evaluate current processes based on Agent Theory (AT). AT focuses on positions that require persons to act as an agent for shareholders and represent the best interest without regard for self-interests. Analysis: The facilitator explained these concepts to improve competitive interactions that promote overall improvements for the city. The council's passion for the city's future may overcome self-interest and provide an avenue to review,revise, or draft rules that allow for fairness and equal opportunity for each representative to present district interests. Objective 4 Agenda Setting for 2023-2024 Core Capability LAO 4. Agenda-setting and legacy (what will we be known for?"). The facilitator explained that the identity (what we will be known for) is based on organizational legitimacy (OL) and agenda-setting theory (AST). OL suggests that organizations must strive for regulatory legitimacy (doing things right) and normative legitimacy(doing this correctly). If people perceive one or more is not followed, it will influence their overall identity. For example, if council members do not follow general rules or governance, citizens may view them as not having legitimacy. Comparative, if citizens perceive that the council followed the rules, but their 4 Courageous Leadership Alliance After-Action Report/ City of Corpus Christi Leadership Retreat Improvement Plan (AAR/IP) actions are not "right," it has a similar effect. Therefore,the participants were briefed on the third construct of the agenda-setting theory. AST suggests that media filters and shapes what we see rather than just reflecting stories to the audience. The more attention the media gives to an issue,the more likely the public will consider that issue important. Based on this,the participants were taught the three types of agenda setting. 1. Public Agenda Setting: The public determines the agenda for what is essential. 2. Media Agenda Setting: Media determines the agenda for what is essential. 3. Policy Agenda Setting: The public and media agenda influences policy-maker decisions. Strengths Participants knew the influence of media on resident perceptions. Strength 1: Participants are aware of media influence on resident perceptions. Strength 2: Participants understand that word of mouth and imagery are effective communication tactics that set most agendas. Areas for Improvement Area for Improvement: The council should apply the Policy Agenda Setting technique to account for the media and the public. Clarity is needed in the evaluation process to set current agenda items;however,this does not suggest that a function does not exist. The Policy Agenda Setting method can build on doing this right and doing things correctly. Analysis: Some inconsistencies may be associated with how items should be added to the agenda.A few questions addressed the fairness and reasonability of the current process. If no review process exists, an annual review and revision recommendations on agenda setting should occur at least annually. This annual review will allow participants to address relevance and fairness in agenda-setting. 5 Courageous Leadership Alliance City of Corpus Christi 1201 Leopard Street / Corpus Christi,TX 78401 cctexas.com Meeting Minutes City Council Tuesday,July 18,2023 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 11:40 a.m. B. Invocation to be given by Reverend Claude Axel, Mount Pilgrim Baptist Church. Reverend Claude Axel, Mount Pilgrim Baptist Church, gave the invocation. C. Pledge of Allegiance to the Flag of the United States and to the Texas Flag to be led by Chloe Delgado, Ninth Grader at London High School. Chloe Delgado, Ninth Grader at London High School, led the Pledge of Allegiance to the Flag of the United States of America and to the Texas Flag. D. City Secretary Rebecca L. Huerta to call the roll of the required Charter Officers. City Secretary Rebecca Huerta called the roll and verified that a quorum of the City Council and the required Charter Officers were present to conduct the meeting. Charter Officers: City Manager Peter Zanoni, City Attorney Miles Risley and City Secretary Rebecca Huerta Present: 9- Mayor Paulette Guajardo,Council Member Roland Barrera,Council Member Gil Hernandez,Council Member Michael Hunter,Council Member Mike Pusley,Council Member Dan Suckley,Council Member Everett Roy,Council Member Jim Klein, and Council Member Sylvia Campos E. CITY MANAGER'S COMMENTS / UPDATE ON CITY OPERATIONS: 1. 23-1172 Staff Announcement: Manuel Hernandez, Assistant Director of Public Works City Manager Peter Zanoni announced the new Assistant Director of Public Works, Manuel Hernandez. Mr. Hernandez has over 20 years of civil construction experience. Most of his experience has been in Corpus Christi and he is a certified construction manager. 2. 23-1173 Bond Ratings and Recent Bond Sales Update by Victor Quiroga with Specialized Public Finance, Inc. City of Corpus Christi Page 1 Printed on 712112023 City Council Meeting Minutes July 18,2023 Victor Quiroga with Specialized Public Finance Inc. presented information on the following topics: overview of the plan of finance; city bond ratings affirmed; rating agency reflections on the city; general obligation debt-bid results; utility system bonds-pricing results; and summary. Council Members and Mr. Quiroga discussed the following topics: Council Members commended Mr. Quiroga and staff for the City's high bond rating. 3. 23-1183 Update on City-owned Cemeteries presented by Heather Hurlbert, Assistant City Manager Assistant City Manager Heather Hurlbert presented information on the following topics: city owned cemeteries-Old Bayview and New Bayview; history-Old Bay View; history-New Bay View; ordinance; and city maintenance schedule. Council Members and Assistant City Manager Hurlbert discussed the following topics: the desire to eliminate vandalism to the headstones; and the importance of adding fencing around the cemeteries, along with additional lighting. 4. 23-1120 2023 Hurricane Season Preparedness (June 1 - November 30) presented by Billy Delgado, Emergency Management Coordinator Emergency Management Coordinator Billy Delgado presented information on the following topics: it only takes one; city operation center; all hazards plan; department operation centers; communicate with local, regional and state agencies; community outreach; agencies involved in past disasters; communication via telephone, email, webex and reverse alert; city emergency teams; planning and exercises; phased evacuation; assisted evacuation; evacuation Hub; phased hurricane reentry; team approach for disaster; and emergency information. Council Members, City Manager Zanoni, and Mr. Delgado discussed the following topics: the city and the county work together with respect to evacuation centers; the City has one Emergency Operation Center, along with five department operation centers; staff is in the process of determining how many facilities have a generator; staff is in communication with nursing homes with regard to emergency protocols; sandbags are available upon request; and a request to obtain emergency plans from the hospitals. F. PUBLIC COMMENT Mayor Guajardo opened public comment. Stephen Klepper, 317 Sunset Ave., spoke about transparent and fair utility rates. Sam Smith, 14313 Dorsal St., spoke about having public launches available for kiteboarding. Shawn Flanagan, 4218 Herndon St., Adalberto Carrillo, 4055 Killarmet Dr., LeeAnne Wheatley, 2314 Greer Dr., Daniel Resley, 2313 Louisville Dr., Chuck Burnett, 4429 City of Corpus Christi Page 2 Printed on 712112023 City Council Meeting Minutes July 18,2023 Sutton Lane, and Victoria Holland, 235 Ohio Ave., spoke in opposition to an environmental and sustainability department. Rachel Caballero, 522 Hancock Ave., spoke about the negligence of water usage and voiced her concern that public comment is prohibited during the water rate structure workshop. Melissa Zamora, 454 Louisiana Ave., spoke about water conservation for high volume water users and in support of an environmental and sustainability department. Jonathan Martinez, 5745 Skylark and Rukmini Surnedi, 7829 Lovain Dr., spoke about banning smoking in all parks. Silvia Jimenez de la Garza, 3009 Charles Dr., spoke about the lack of infrastructure in Annaville. John Weber, 609 Naples St., spoke about ethics reports being improperly filled out. John Bradshaw, 2921 Airline Rd., spoke about the necessity of keeping City Marshals. Patricia Reinhardt, 317 Clifford St., spoke about trash throughout the city and in support of an environmental and sustainability department. Adam Rios, 7301 Tangled Ridge Court, spoke in support of the new skate park at West Guth Park and is an advocate for all skate parks. Armon Alex, 1610 La Joya St., Kimberly Cook, 4718 Mars Hill Dr., and Pamela Woods, 926 Rosedale Dr., spoke in support of an environmental and sustainability department. G. BOARD &COMMITTEE APPOINTMENTS: 5. 23-1122 Airport Zoning Commission / Planning Commission (3 vacancies) Corpus Christi Regional Transportation Authority (1 vacancy) Ethics Commission (1 vacancy) Sister City Committee (1 vacancy) Mayor Guajardo referred to Item 5. Airport Zoning Commission and Planning Commission: Reappointed: Cynthia S. Garza, Justin Hedrick, and Brian S. Mandel Corpus Christi Regional Transportation Authority: Appointed: Arthur Granado Ethics Commission: Appointed: Sulakshana Modak City of Corpus Christi Page 3 Printed on 712112023 City Council Meeting Minutes July 18,2023 Sister City Committee: Appointed: Mourad Hasbaoui H. EXPLANATION OF COUNCIL ACTION: I. CONSENT AGENDA: (ITEMS 6 - 25) Approval of the Consent Agenda Mayor Guajardo referred to the Consent Agenda. Council Members pulled Item 19 for individual consideration. Council Member Campos moved to approve the consent agenda with the exception of Item 19, seconded by Council Member Roy. The motion carried by the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 6. 23-1121 Approval of the June 27, 2023 Regular Meeting Minutes. The Minutes were approved on the consent agenda. Consent-Second Reading Ordinances 7. 23-0892 Ordinance ratifying acceptance of Public Health Infrastructure Grant (PHIG) for $3,186,443.00 from the Texas Department of State Health Services (DSHS); and appropriating $3,186,443.00 to make strategic investments to support hiring, retaining, and training the public health workforce, and to strengthen public health infrastructure and systems related to the workforce and foundational capabilities for the period of March 22, 2023, through November 30, 2027 This Ordinance was passed on second reading on the consent agenda. Enactment No: 033091 8. 23-1036 Ordinance authorizing a Water Distribution Main Construction and Reimbursement Agreement up to $36,731.71 with Devonshire Custom Homes, Inc. to construct off-site water distribution main improvements for a planned residential development, Westwood Heights Unit 4, located on Sunny Dr, south of Leopard Street, and appropriating $36,731.71 from the Water Distribution Main Trust Fund to reimburse the Developer per the agreement (District 1). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033092 City of Corpus Christi Page 4 Printed on 712112023 City Council Meeting Minutes July 18,2023 9. 23-0833 Ordinance abandoning and vacating a 20-foot wide portion of a 50-foot wide by 537 feet long utility easement out of Lots 1, 2, 3, 4, and 5, Block 2, Queens Landing Subdivision, located off of Compton Rd near Bentley Ct. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033093 10. 23-0999 Ordinance annexing approximately 10.817 acres of land into the territorial limits of the City of Corpus Christi and rezoning the annexed property at or near 2738 London Pirate Road (County Road 33) from the interim "FR" Farm Rural District to the "RS-6 Single-Family 6 District; providing for a penalty not to exceed $2,000 and publication. This Ordinance was passed on second reading on the consent agenda. Enactment No: 033094 11. 22-2110 Zoning Case No. 1122-01 Mustang Island Estates, LP, (District 4). Ordinance rezoning a property at or near 149 Mustang Island Estates Drive from the "RM-AT" Multifamily Apartment Tourist District to the "CN-1" Neighborhood Commercial District. Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033095 12. 23-0730 Zoning Case No. 0423-01, Corpus Christi Party Hotel, LLC (District 1). Ordinance rezoning property at or near 910 Corn Products Road from the "CG-2" General Commercial District to the "CG-2/SP" General Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommend approval). This Ordinance was passed on second reading on the consent agenda. Enactment No: 033096 Consent- Contracts and Procurement 13. 23-0937 Motion authorizing the execution of a one-year service agreement with CAP Fleet Upfitters, LLC., of Houston, Texas, through the BuyBoard Cooperative, to outfit seven replacement Chevy Tahoe police vehicles with emergency equipment in an amount not to exceed $144,851.00, with FY 2023 funding in the amount of$144,851.00 from the General Fund. This Motion was passed on the consent agenda. Enactment No: M2023-102 14. 23-0993 Resolution authorizing the acquisition of 29 vehicles and equipment by various City of Corpus Christi Page 5 Printed on 712112023 City Council Meeting Minutes July 18,2023 departments, of which 15 units will be outright purchases and 14 units will be lease-purchases through JP Morgan, for $3,093,334.33, with such items to be acquired in the manner, at the amounts, and from the sources stated with FY 2023 funding of$1,357,171.78 and the remaining balance of$1,736,162.55 for the lease purchase items to be funded through the annual budget process. This Resolution was passed on the consent agenda. Enactment No: 033097 15. 23-0422 Motion authorizing execution of a three-year service agreement with Excel Pump & Machine, Inc. of Robstown, for an amount not to exceed $873,300.00 for pump repairs at the Wastewater Treatment Plants, with FY 2023 funding of $145,550.00 from the Wastewater Fund. This Motion was passed on the consent agenda. Enactment No: M2023-103 General Consent Items 16. 23-1028 Motion authorizing execution of Amendment No. 1 to the service agreement with Mansfield Oil Company of Gainesville, Inc., of Gainesville, Georgia, in an amount not to exceed $2,144,404.20, and a revised value of$10,722,021.03 for unleaded gasoline, ultra-low sulfur diesel (TX LED) fuel and red dye diesel delivery service for Asset Management, with FY 2023 funding in the amount of $1,245,222.00 from the Fleet Maintenance Service Fund. This Motion was passed on the consent agenda. Enactment No: M2023-104 17. 23-1116 Resolution authorizing a grant application for the FY 2024 Beach Cleaning and Maintenance Assistance Program from the Texas General Land Office for $70,000 to provide beach cleaning and maintenance on North Padre Island and Mustang Island. This Resolution was passed on the consent agenda. Enactment No: 033098 18. 23-1118 Resolution reaffirming the City of Corpus Christi's Investment Policy and Investment Strategies for fiscal year 2023-2024. This Resolution was passed on the consent agenda. Enactment No: 033099 19. 23-1174 Motion accepting the report of the City of Corpus Christi's Municipal Court Operations Review and City staff's responses. Mayor Guajardo referred to Item 19. City of Corpus Christi Page 6 Printed on 712112023 City Council Meeting Minutes July 18,2023 Council Members, Chief Financial Officer Constance Sanchez, City Manager Peter Zanoni, and Director of Municipal Court Gilbert Hernandez discussed the following topics: the business model is outdated, so staff is recommending the removal of all six City Marshals; the Marshals are licensed peace officers; the Municipal Court Clerk staff reports to the City Manager and the court judges report to the city council; ensure that the City Marshals have an opportunity to remain with the City; and a request that staff address detention center facility concerns. Mayor Guajardo opened public comment. Amanda Guerra, 2610 Windhollow Dr., stated that Judge Bull's report had misconstrued the role of City Marshals and that no City Marshals talked to the Judge during his visit. Council Member Barrera moved to approve the motion, seconded by Council Member Campos. This Motion was passed and approved with the following vote: Aye: 8- Mayor Guajardo, Council Member Barrera, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 1 - Council Member Hernandez Enactment No: M2023-105 Consent-First Reading Ordinances 20. 23-0918 Ordinance authorizing acceptance of$8,843.58 from the Texas Commission on Environmental Quality for HazMat equipment and training for the City of Corpus Christi-Nueces County Local Emergency Planning Committee; and appropriating $8,843.58 into the LEPC Fund. This Ordinance was passed on first reading on the consent agenda. 21. 23-0919 Ordinance authorizing acceptance of$4,608.23 from Howard Energy Partners for Hazmat supplies and equipment for the Corpus Christi Fire Department; and appropriating $4,608.23 into the Fire Grants Fund. This Ordinance was passed on first reading on the consent agenda. 22. 23-0920 Ordinance accepting a grant in the amount of$10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for training for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $10,000 to Fire Department Grants Fund. This Ordinance was passed on first reading on the consent agenda. 23. 23-0767 One-reading ordinance authorizing Change Order No. 1 to a design/build contract with Ranger Fire, Inc. from Saginaw, Texas, for a change in design from a foam pre-action system to a water-based sprinkler system for CCIA Fire Suppression Hangar 3 & 4 project in an amount of$160,509.00, for a total City of Corpus Christi Page 7 Printed on 712112023 City Council Meeting Minutes July 18,2023 contract value not to exceed $1,104,509.30, located in Council District 3; appropriating $160,509.00 from Airport Insurance Proceeds to the Airport funds and amending the FY 2023 Operating and Capital Budgets. This Ordinance was passed on emergency on the consent agenda. Enactment No: 033100 24. 23-1062 Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. This Ordinance was passed on first reading on the consent agenda. 25. 23-1191 Ordinance amending the description of Project#23052 Sherrill Park Military Monument, as shown in the FY 2023 Capital Improvement Budget, by clarifying that the design of a helicopter pad is included. This Ordinance was passed on first reading on the consent agenda. J. SPECIAL SESSION LEGISLATIVE UPDATE: Mayor Guajardo referred to the Special Session Legislative Update. Senior Intergovernmental Relations Coordinator Wendy Herman presented information on the following topic: The Call. A Council Member and Senior Intergovernmental Relations Coordinator Herman discussed the following topic: the $100,000 tax bill for homestead exemption applies to school district taxes only. K. RECESS FOR LUNCH Mayor Guajardo recessed the Council meeting for lunch at 2:34 p.m. Executive Session Item 30 was held during the lunch recess. Mayor Guajardo reconvened the meeting at 3:30 p.m. L. PUBLIC HEARINGS: (ITEM 26) 26. 23-1059 Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). Mayor Guajardo referred to Item 26. Director of Development Services Al Raymond presented information on the following City of Corpus Christi Page 8 Printed on 712112023 City Council Meeting Minutes July 18,2023 topics: zoning and land use; public notification; analysis and recommendation; planning commission and staff recommend approval of the CI/SP; and special permit conditions. Council Members and Director Raymond discussed the following topics: the 7-foot screening fence allows the applicant to secure his property; and a Council Member's concern that surrounding areas should follow the same requirements. Mayor Guajardo opened the public hearing. Applicant Diego Vasquez, 2913 Persimmon St., stated that he is expanding his business and would like to stay at this location. He has cleaned up the lot in question and is in agreement with the special requirements. Mayor Guajardo closed the public hearing. Council Member Hunter moved to approve the ordinance, seconded by Council Member Pusley. This Ordinance was passed on first reading and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 M. INDIVIDUAL CONSIDERATION ITEMS: (ITEMS 27 - 29) 27. 23-1073 Resolution authorizing the negotiation and execution of four, five-year service agreements for the third-party administration of Medical, Dental, and COBRA with Blue Cross Blue Shield of Texas in an estimated total annual amount up to $1,750,140; Pharmacy Benefit Management with Caremark PCS Health, LLC. in an estimated amount up to $11,121 annually; Life & Accidental Death and Dismemberment with Blue Cross Blue Shield of Texas in an estimated amount up to $97,464 annually; and, Long-Term Disability with Blue Cross Blue Shield of Texas in an estimated amount up to $106,451 annually, for a total estimated amount up to $1,965,176 annually for the City's self-funded employee health benefits, with an estimated five-year total value in an amount up to $9,825,880. Mayor Guajardo referred to Item 27. Council Members and Director of Human Resources Eyvon McHaney discussed the following topics: a Council Member expressed his concern that staff has not explored more insurance options. Council Member Pusley moved to approve the resolution, seconded by Council Member Campos. This Resolution was passed and approved with the following vote: City of Corpus Christi Page 9 Printed on 712112023 City Council Meeting Minutes July 18,2023 Aye: 8- Mayor Guajardo, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Nay: 1 - Council Member Barrera Abstained: 0 Enactment No: 033101 28. 23-1167 Resolution amending Council Policy No. 8 of the Code of Ordinances to add requirements for naming transportation-related facilities within City limits. Mayor Guajardo referred to Item 28. Director of Public Works Ernest De La Garza presented information on the following topics: proposed amendment; and staff recommends approval. Council Members and Assistant Director of Public Works Renee Couture discussed the following topics: this policy would allow the City to work with TxDOT on renaming state owned facilities. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Suckley moved to approve the resolution, seconded by Council Member Hunter. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033102 29. 23-1147 Resolution amending Financial Budgetary Policies adopted by Resolution 033082 on June 27, 2023 to add a section to address the timing for funding of design work for future capital improvement bond projects Mayor Guajardo referred to Item 29. Director of Management and Budget Eddie Houlihan presented information on the following topics: changes to the financial policies-section 19 Capital Improvement Future Bond Design Funding. Council Members, City Manager Peter Zanoni, and City Attorney Miles Risley discussed the following topics: the best use of the verbiage is "can be"; and a Council Member's City of Corpus Christi Page 10 Printed on 712112023 City Council Meeting Minutes July 18,2023 concern that when bonds get approved they are not completed in a timely manner. Mayor Guajardo opened public comment. There were no comments from the public. Mayor Guajardo closed public comment. Council Member Hernandez moved to approve the resolution, seconded by Council Member Pusley. This Resolution was passed and approved with the following vote: Aye: 9- Mayor Guajardo, Council Member Barrera, Council Member Hernandez, Council Member Hunter, Council Member Pusley, Council Member Suckley, Council Member Roy, Council Member Klein and Council Member Campos Abstained: 0 Enactment No: 033103 N. BRIEFINGS: (NONE) O. EXECUTIVE SESSION: (ITEM 30) 30. 23-1218 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 Interstate 37, State Highway 286, U.S. Highway 181, existing and proposed sewer, water, street, bridge, park, and other public infrastructure in or near said highways, the Four Party Agreement between TxDOT, the Port of Corpus Christi and the Voluntary Resolution Agreement between TxDOT and the Federal Highway Administration related to the construction of the Harbor Bridge and related infrastructure, and environmental impact statements and records of decision related to the aforementioned transportation project(s). This E-Session Item was discussed in executive session. P. ADJOURNMENT There being no further business, Mayor Guajardo adjourned this meeting at 4:17 p.m. City of Corpus Christi Page 11 Printed on 712112023 so �o o� A H AGENDA MEMORANDUM First Reading for Ordinance for the City Council Meeting July 18, 2023 WoRPORPg4 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance of funds received from the Texas Commission on Environmental Quality in the amount $8,843.58 CAPTION: Ordinance authorizing acceptance of $8,843.58 from the Texas Commission on Environmental Quality for HazMat equipment and training for the City of Corpus Christi—Nueces County Local Emergency Planning Committee; and appropriating $8,843.58 into the LEPC Fund. SUMMARY: Ordinance authorizing the acceptance of funds received from the Texas Commission on Environmental Quality. The City of Corpus Christi—Nueces County Local Emergency Planning Committee was awarded $8,843.58 for equipment and training. BACKGROUND AND FINDINGS: The Community Right to Know Act of 1986 establishes the County Local Emergency Planning Committee (LEPC) as a forum at the local level for discussions and a focus for action in matters pertaining to hazardous material planning. The LEPC Program Manager is an employee of the Corpus Christi Fire Department (CCFD) and serves as the liaison between county, city, state, federal governments, facilities with hazardous chemicals, and residents. The LEPC Program Manager assists with alerts for any potentially hazardous material incidents and oversees the manufacturing, transportation, and utilization of all hazardous chemicals within Nueces County. The LEPC Program Manager also manages the repository for over 400 facilities' annual chemical inventories within the county. The LEPC works closely with the CCFD Hazmat team to coordinate facility visits, training opportunities, and providing critical information to the public. The primary mission of the LEPC is to reduce the risk of and provide emergency planning for hazardous materials releases. Per the interlocal cooperation agreement between Nueces County, City of Corpus Christi, and the Port of Corpus Christi, a position for the administration of the Local Emergency Planning Committee must be provided. The City's Fire Chief is the Community Emergency Coordinator and also the Chairman of the LEPC. Therefore, the LEPC department is housed within the Corpus Christi Fire Administration. The Texas Commission on Environmental Quality (TCEQ) awards funding to Local Emergency Planning Committees across the state of Texas. The LEPC is comprised of both the City and County governments, facilities with hazardous chemicals, and residents of the Corpus Christi and Nueces County. The LEPC has received funds from TCEQ in two previous years (2017 and 2019) in the respective amounts of $92,662.80 and $5,000.00. Amounts provided to the LEPC by the TCEQ vary depending on the amount of fees collected by TCEQ from facilities with hazardous materials throughout Texas. Once the fees are collected by TCEQ, they are then divided and distributed as funds to LEPCs throughout Texas. The funds received by the LEPC are used to purchase necessary equipment and training services such as HAZMAT ID Detection devices, cellular devices to detect and identify chemical gases, calibration devices for gas monitoring, and various HAZMAT training courses. ALTERNATIVES: The alternative to accepting these funds is to decline the award from TCEQ. However, this will result in the LEPC having less funding for necessary equipment and training services. If declined, the LEPC will have to search for funding elsewhere in order to purchase the necessary equipment and training services. This would result in a negative impact on the City of Corpus Christi, Nueces County, the Port of Corpus Christi, and the residents within the city and county limits. Additionally, these funds are not provided by the TCEQ every year, so there is no guarantee that any funds will be allocated to the LEPC again next year. FISCAL IMPACT: Acceptance of funds in the amount of$8,843.58 and appropriating revenue and expenditures in the amount of$8,843.58 to the FY 2023 LEPC Fund. Funding Detail: Fund: 1062 LEPC Organization/Activity: 830025S Department Number: 10 Fire Department Project # (CIP Only): N/A Account: 520090 Amount: $8,843.58 RECOMMENDATION: Staff recommends approval of this ordinance to accept and appropriate funds totaling $8,843.58 for the Local Emergency Planning Committee, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $8,843.58 from the Texas Commission on Environmental Quality to be used to support the Corpus Christi — Nueces County Local Emergency Planning Committee; and appropriating the funds into the LEPC Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to accept a grant from the Texas Commission on Environmental Quality (TCEQ) in the amount of$8,843.58 to be used for equipment and training to support the Corpus Christi — Nueces County Local Emergency Planning Committee (LEPC). SECTION 2. That $8,843.58 is appropriated in the LEPC Fund No. 6060 to purchase training and equipment to support the LEPC. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is hereby amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM WoRPORPg4 First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance and Appropriation of a grant for $4,608.23 for the Corpus Christi Fire Department's HazMat Program CAPTION: Ordinance authorizing acceptance of $4,608.23 from Howard Energy Partners for Hazmat supplies and equipment for the Corpus Christi Fire Department; and appropriating $4,608.23 into the Fire Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of one grant totaling $4,608.23 from Howard Energy Partners. The grant funds will support the Corpus Christi Fire Department(CCFD) HazMat program by purchasing much needed supplies and equipment to be used in the event of a HazMat emergency. BACKGROUND AND FINDINGS: Howard Energy Partners donates funds to each County Local Emergency Planning Committee (LEPC) within the communities where they operate. Howard Energy Partners operates two facilities (Javelina and Maverick) within Corpus Christi. Both the Javelina and Maverick facilities have operated within Corpus Christi's Council District 1 for over 20 years. The City of Corpus Christi-Nueces County LEPC has a strong working relationship with Howard Energy Partners. Hazardous Material (HazMat) response team was initiated in July of 1987 with the passing of the Superfund Amendments and Reauthorization Act (SARA) Title III. SARA requires local and state emergency planning around hazardous chemicals. CCFD's Hazmat team currently consists of 15 firefighters. CCFD's HazMat team currently is located at Fire Station 5 in City Council District 1. The HazMat team is comprised of hazardous materials technicians who specialize in detecting, containing, and removing any release of potential hazardous substances in order to control or stabilize an incident. The Hazmat team members regularly participate in training activities that include HazMat situational drills such as simulated chlorine leaks from tank rail cars. CCFD's HazMat response team is a FEMA Type I team which makes it a regional response asset. To meet these expectations, CCFD requires safe, dependable, reliable, and current equipment and technology. The funds donated through this grant will be used to purchase items and materials such as hydrogen fluoride sensors, hydrogen fluoride nitrogen, and demand flow regulators. These items and materials are used daily by the Corpus Christi Fire Department's Hazmat team. This is the first year that Howard Energy Partners has awarded donations to be utilized for the LEPC program. ALTERNATIVES: The alternative to accepting this grant is to reject it and instead find other funding sources to purchase the necessary supplies and equipment for CCFD's HazMat response program. FINANCIAL IMPACT: Acceptance of funds in the amount of$4,608.23 and appropriating $4,608.23 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840030L Howard Energy Partners Department: 10 - Fire Project # (CIP Only): N/A Account: 520090 Minor Tools & Equipment Amount: $4,608.23 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$4,608.23, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of $4,608.23 from Howard Energy Partners for the Local Emergency Planning Committee, appropriating $4,608.23 into the Fire Grants Fund, 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 accept a grant from Howard Energy Partners in the amount of $4,608.23 for the benefit of the Local Emergency Planning Committee. SECTION 2. That $4,608.23 is appropriated in the No. 1062 Fire Grant Fund to purchase supplies and equipment to support the Local Emergency Planning Committee. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is hereby amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor so �o o� A P v AGENDA MEMORANDUM WoRPORP�g4 First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: July 18, 2023 TO: Peter Zanoni, City Manager FROM: Brandon Wade, Fire Chief BrandonW@cctexas.com (361) 826-3900 Acceptance and Appropriation of the 2023 Helping Heroes grant for$10,000 for the Corpus Christ Fire Department's Technical Rescue Program CAPTION: Ordinance accepting a grant in the amount of$10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for training for the Corpus Christi Fire Department's Technical Rescue Program; and appropriating $10,000 to Fire Department Grants Fund. SUMMARY: This ordinance authorizes the acceptance and appropriation of one grant totaling $10,000 from Flint Hills Resources 2023 Helping Heroes Grant Program. The funds will support the Corpus Christi Fire Department's (CCFD) Technical Rescue program by funding training classes through the Texas A&M Engineering Extension Service (TEEX). BACKGROUND AND FINDINGS: Flint Hills Resources began the Helping Heroes program in 2012. The Helping Heroes program provides grants for training, education, equipment, and emergency notification needs for Texas fire departments and emergency responders. Since starting the program in 2012, Flint Hills Resources has awarded more than $1 million to various fire departments throughout Texas. The grant will provide funding for 17 CCFD firefighters to attend the TEEX ropes rescue training program held in College Station, Texas. TEEX is an accredited fire safety and rescue institution. The TEEX ropes rescue training program consists of two courses: Course I and Course 11. The two courses help firefighters develop the necessary skills and responses for rescue operations. The 17 CCFD firefighters that will attend the TEEX ropes rescue training program are members of CCFD's technical rescue team. The 17 firefighters have already completed Course I and will be attending Course 11. Course 11 of the TEEX ropes rescue training program will provide the firefighters with an advanced understanding of rope materials and construction as well as the limitations and applications of rope rescue systems. They will also be given advanced training on tying knots and the use of knots for hoisting and rescue operations. Through this training, firefighters will obtain the necessary proficiency and skills for complex rope rescue systems. The City has received this grant each year since 2012. Last year, the City received $10,000 for this grant. ALTERNATIVES: The alternative to accepting this grant is to decline it and instead find other funding sources for rope rescue training for firefighters. However, rope rescue systems are a critical element in technical rescue responses.Without these grant funds, CCFD will have to find alternative funding sources to fund the training, which will result in a lack of necessary training for firefighters assigned to technical rescue teams. FINANCIAL IMPACT: Acceptance of funds in the amount of $10,000 and appropriating $10,000 to the FY 2023 Fire Grants Fund. Funding Detail: Fund: 1062 Fire Grants Organization/Activity: 840031 L 2023 Helping Heroes Project # (CIP Only): N/A Account: 530362 Training General Amount: $10,000 RECOMMENDATION: Staff recommends City Council authorize the ordinance to accept and appropriate the grant funds in the amount of$10,000, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance accepting a grant in the amount of $10,000.00 from Flint Hills Resources 2023 Helping Heroes Program to support the Corpus Christi Fire Department's Technical Rescue Program; appropriating funds in the amount of $10,000.00 to Fire Department Grants Fund; 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 accept a grant in the amount of $10,000.00 from Flint Hills Resources 2023 Helping Heroes Program for the Corpus Christi Fire Department (CCFD) Technical Rescue program for participation in the ropes training through Texas A&M Engineering Extension Service training classes. SECTION 2. That $10,000.00 is appropriated in the No. 1061 Fire Department Grants Fund from Flint Hills Resources 2023 Helping Heroes Program for the Corpus Christi Fire Department (CCFD) Technical Rescue program for participation in the ropes training through Texas A&M Engineering Extension Service training classes. SECTION 3. That the 2022-2023 operating budget approved by Ordinance No. 032855 is amended to increase revenues and expenditures. That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor SC v AGENDA MEMORANDUM NORP00.P5 EO First Reading Ordinance for the City Council Meeting July 18, 2023 1852 Second Reading Ordinance for the City Council Meeting July 25, 2023 DATE: June 27, 2023 TO: Peter Zanoni, City Manager FROM: Kevin Smith, Director of Aviation Kevi n S4(a)cctexas.co m (361) 289-0171 Ordinance authorizing a five-year lease agreement with automatic renewal of three additional one-year terms with Berry Contracting, LP CAPTION: Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. SUMMARY: The proposed lease agreement will be between the City of Corpus Christi and Berry Contracting, for premises located at the Corpus Christi International Airport (CCIA) for an initial term of sixty months and three extension periods of one year each. The lease agreement is for space at West Hangar #4, a 13,000 square foot metal frame hangar with associated office space. The lessee will occupy two office spaces, aircraft hangar storage space, 30,000 square feet of aircraft apron, and 10,500 square feet of vehicle parking space. Square Annual Monthly Annual Category Feet Market Per Cost Cost Square Feet Apron 30,000 $.60 $1,500.00 $18,000.00 Office West OF-3 2,500 $6.20 $2,234.38 $26,812.50 Storage West OF-4 2,500 $3.00 $625.00 $7,500.00 Vehicle Area 10,500 $.50 $437.50 $5,250.00 West Hangar#4 13,750 $1.95 $2,234.38 $26,812.50 Totals $6,088.54 $73,062.50 BACKGROUND AND FINDINGS: Berry Contracting currently operates inside Hangar 4 and half of the associated office space. The building is currently on a month-to-month management agreement with Atlantic Aviation, another airport tenant that provides management services for the hangar in exchange for a share of revenues. Upon execution of this lease agreement, the Airport will discontinue the month-to-month management agreement with Atlantic Aviation and lease the hangar to Berry Contracting directly. Berry Contracting plans to remodel the space known as OF-4 and desires to sublease it to a future tenant, which is allowable under the lease agreement with approval from the Airport Director. The tenant operates numerous aircraft at the airport and conducts aeronautical and non- aeronautical business from the offices associated with the hangar. Berry has been a long- term airport tenant and this lease agreement solidifies the airport's partnership in a more formal arrangement. ALTERNATIVES: Alternatives include allowing Atlantic Aviation to manage Hangar 4 on the airport's behalf for a portion of revenue, and for Berry Contracting to continue occupying only a portion of the space. Alternatives also include leasing the space to a different tenant for the same or different services, requiring Berry Contracting to vacate the space they have occupied for many years. FISCAL IMPACT: The proposed new lease agreement will provide CCIA with a total annual rent revenue of $73,062.50 per year, for a total revenue of $584,500 over the total term of the lease agreement. FUNDING DETAIL: Fund: 4610 Organization/Activity: 35000 Mission Element: 271 Project # (CIP Only): N/A Account: 320460 (Terminal Space Rental) 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 Lease Agreement Ordinance authorizing a five-year lease agreement with Berry Contracting, LP for an airport hangar, aviation office space, apron area and vehicular parking area at the Corpus Christi International Airport. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a five-year lease agreement with Berry Contracting, LP for West Hangar#4 at CCIA, including but not limited to: hangar space, aviation office, storage space, apron area and vehicular parking area with an option for three one-year renewal periods with Berry Contracting LP for the purpose of facilitating Lessee's aeronautical services and in consideration of the payment of monthly rental fees, payment of utilities and insurance premiums and upkeep of the leased premises. as stated in the lease. SECTION 2. The lease agreement is effective upon approval of the City Council and execution by the City Manager, or his designee. The foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley The foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Everett Roy Roland Barrera Dan Suckley Gil Hernandez Jim Klein Michael Hunter Sylvia Campos Mike Pusley PASSED AND APPROVED on this the day of , 2023. ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor LEASE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND BERRY CONTRACTING This lease agreement the ("Lease") is made by and between the City of Corpus Christi ("City"), acting by and through its City Manager or his designee ("City Manager"), and Berry Contracting, L.P. ("Lessee"), a Texas for profit corporation. WHEREAS, the City owns the Corpus Christi International Airport ("Airport") and has authority to lease land and improvements at the Airport; WHEREAS, the Airport is managed by the Director of Aviation ("Aviation Director"); WHEREAS, the parties desire to enter into this Lease for land and improvements, to include use of office space, hangar space, and parking spaces for the purpose of facilitating the provision of Lessee's aeronautical services; and, NOW, THEREFORE, in consideration of the terms, conditions, and mutual covenants contained in this Lease, the Parties agree as follows: Section 1. Premises. City leases to the Lessee the real property and existing improvements as depicted in the attached Exhibits A and B ("Premises"), such exhibits being incorporated by reference into this Lease, and physically located at 437 Pinson, Corpus Christi, Nueces County, Texas. The Premises are more particularly described as follows: approximately 2,500 square feet of office space; approximately 13,750 square feet of hangar space, approximately 2,500 square feet of storage space, approximately 30,000 square feet of apron space and approximately 10,500 square feet of parking area which is further depicted in Exhibit A (aerial photograph) and Exhibit B ("Site Plan" with Square Footage and Lease Rates) attached hereto and incorporated herein by reference. Section 2. Term. The term of this Lease commences upon final approval by the Corpus Christi City Council and execution by the City Manager or his designee ("Effective Date") and continues for a five (5) year period from the Effective Date ("Initial Term"), This Lease will automatically renew each year on the Effective Date for up to three (3) additional twelve-month terms unless terminated by one of the parties in accordance with this Agreement. Section 3. Use of Aircraft Ramp by Public. City-controlled ramp related uses by Lessee that are not expressly included in the Premises (defined by this Lease) shall be for public use and are subject to a ramp fee ("Ramp Fee"), as provided by the Aviation Director to Lessee. The Ramp Fee shall be set annually by the City for use of City-controlled ramp. Lessee shall remit to the City 75% of all revenues received by Lessee for use by the public of City-controlled ramp, and Lessee may retain the remaining 25% as consideration for Lessee facilitating use of the City-controlled ramp by the public. Ramp Fees are payable by Lessee monthly in accordance with the payment provisions applicable to the payment of rent, as set out in Section 4 of this Lease. The City retains the right to enter upon all ramp space at any time and take inventory of any aircraft parked on the ramp, as well as the right to audit Lessee's accounting of ramp rental activities. Lessee may not collect nor charge any fees for use of its preferential apron space by others. Lessee cannot charge any fees for use of the City-controlled ramp other than the Ramp Page 1 of 19 Fee set by the City for use of ramp space and cannot waive any fees set by the City and due for use of City-controlled ramp area without the City's advance written approval. Section 4. Rent. A. So long as Lessee continually uses the entire Premises solely for Lessee's aeronautical use, the annual rent for the Premises is as shown on Page 1 of Exhibit B attached hereto and incorporated herein by reference. This rental rate may be adjusted as provided in accordance with Subsection C below. B. The initial monthly payment is due on the Effective Date of this Lease, and subsequent Lease payments are due on the 1st of each month following the expiration of the initial month of the Lease. If the first day of a month falls on a Saturday, Sunday, or City holiday, the Lease payment is due the first business day following such closure. If Lessee fails to remit the Lease payment due by close of business on the 10th of the month, a late fee of$200 per such incident will be assessed and is payable by Lessee. Lessee may choose to pay the annual amount due for the initial term of the Lease or, upon a valid exercise, for any exercised renewal term period in advance at any time. C. Rental rates for all Airport real properties are adjusted on a five-year cycle and based on a fair market appraisal conducted by the City. The next appraisal is scheduled to be completed on or about March 2028. The City reserves the right to adjust the rent in accordance with its adopted policy or Federal Aviation Administration ("FAA") requirements. For purposes of determining the fair market value by appraisal, the values determined by the appraiser will be final. D. The square footage lease rate shall be adjusted annually by a 2% increase on October 1 st of each fiscal year for the duration of the lease agreement. E. Adjusted Lease rates are effective 30 days following written notice to Lessee. F. Fees and charges for miscellaneous items and services provided by the City including, but not limited to, employee badges, shall be assessed by the City in connection with ordinary usage of Airport facilities; such fees and charges are payable monthly in accordance with the provisions regarding the payment of rent in this section. G. All Lease payments, rentals, fees, and charges payable by Lessee to City under the terms of this Lease, whether or not expressly denominated as rent, shall constitute rent for all purposes including, but not limited to, purposes of the United States Bankruptcy Code. Section 5. City and Lessee Representatives. The Aviation Director is the City's representative to receive all rent, notices, and reports due under this Lease. The contact person for the Lessee is James Bliss, Chief Financial Officer, or his successor. Section 6. Use of Premises. A. Lessee shall have the right to use and occupy the Premises solely for the operation of Lessee's aeronautical services and shall use the Premises for no other purpose without the express written consent of the Aviation Director. Page 2 of 19 B. The tenant may not store non-aeronautical equipment in space classified as hangar storage which is not incidental to the operation of aircraft. C. Lessee may not use or occupy, permit the Premises to be used or occupied, nor do or permit anything to be done in, on, or at the Premises in a manner that would, in any way, void or make voidable any insurance then in force with respect to the Premises or operations at the same or that would make it impossible to obtain the insurance required to be furnished by Lessee under this Lease. D. Lessee will not make any unlawful use of the Premises nor permit any unlawful use thereof and will not commit, or permit anyone else to commit, any act which is a nuisance or annoyance to the City or to adjacent property owners or tenants, or which might, in City's sole judgment, appreciably damage City's goodwill or reputation or tend to injure or depreciate the value of the Premises or any improvements located thereon. E. City Temporary Use. Lessee acknowledges that the City reserves the right to temporarily use the Premises, at no cost to the City, as a pre-or post-emergency evacuation, storage, or operations facility if deemed necessary by the City Manager. F. City is not required to make any expenditure nor incur any obligation or liability of any kind whatsoever in connection with the financing, construction, maintenance, or repair of the Premises. G. Partial Destruction. If after the Effective Date of this Lease, the Premises become partially damaged due to acts of God, fire, or other casualty to the extent that Lessee cannot use that portion of the Premises for its intended purpose, then, at Lessee's option, this Lease may be suspended or terminated until the damage is repaired. If the Lease is suspended, Lessee and City will mutually agree on a time period for Lessee to repair the damages to the Premises. If the Lease is terminated, the rent will be abated from the date of the casualty, provided, however, that Lessee must use its insurance proceeds to repair or replace the damaged Premises to its condition at the time of lease execution. Any remaining insurance proceeds after all repair costs have been expended and the Premises restored will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Premises. Section 7. Parking. Parking space is available adjacent to the office space, as shown in Exhibit B, on an exclusive basis and may be used for parking cars and other passenger motor vehicles used by the Lessee and its customers, guests, and patrons and persons or companies doing business with Lessee. Lessee acknowledges that use of the parking space shall fully comply with all of the Airport's rules and regulations for parking and vehicle usage at the Premises and adjacent parking areas and shall require users, customers, patrons, and guests of Lessee to do so as well. Vehicular parking in the areas included in the Premises shall be restricted to parking directly related to Lessee's operations on the Premises by Lessee, its officers, employees, representatives, agents, contractors, subcontractors, invitees, guests, and suppliers. Access to vehicular parking areas within the Premises shall be coordinated through the Airport's overall parking management program. Page 3 of 19 Section 8. Signs. Lessee may install City ordinance compliant signs on the Premises at its sole cost; provided, however, that the Lessee has obtained the Aviation Director's prior written consent as to the size, type, design and location of these signs or other corporate identification, which consent shall not be unreasonably withheld or delayed. Section 9. Right to Amend. If the FAA or its successor agency requires modifications or amendments to this Lease as a condition precedent to the granting of funds to the City for Airport improvements, Lessee agrees to consent to the modifications or amendments to the Lease as may be reasonably required, provided, however, Lessee will not be required to pay any increased rent, change the use of the Premises, or accept a relocation or reduction in size of the Premises until Lessee and Airport have fully executed an amendment to this Lease that is mutually satisfactory to both parties regarding any terms or conditions of this Lease affected by said actions of the FAA. Section 10. Subordination to U.S./FAA Requirements. This Lease is subordinate to the provisions of any existing or future agreement between the City, acting through the Airport, and the United States of America relating to the operation or maintenance of the Airport, where the execution of said agreement(s) is required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of said agreement(s) with the United States, either under this Section 9 or under Section 8 above, is to remove any or all of the Premises from the control of Airport or to substantially destroy the value of the Premises, then this Lease shall terminate immediately without any further obligation on part of City to Lessee. Section 11. Development of Improvements. A. Lessee shall not construct improvements upon the Premises without the prior written approval of the Aviation Director and the City's Director of Engineering Services. Where required by law, approval of the City is subject to the concurrence of the FAA. Any constructed improvements must substantially conform to the plans, specifications, and requirements approved by the City and FAA, if applicable. B. ANY APPROVALS BY THE CITY UNDER THIS SECTION, INCLUDING, BUT NOT LIMITED TO APPROVALS OF PLANS AND SPECIFICATIONS, INSPECTION OF WORK, DESIGN, OR CONSTRUCTION ARE NOT TO BE CONSTRUED AS A REPRESENTATION WARRANTY, OR STATEMENT AS TO THE QUALITY, SOUNDNESS, OR SAFETY OF THE DESIGN AND CONSTRUCTION OF ANY OF THE IMPROVEMENTS (INCLUDING, WITHOUT LIMITATION, THE EXISTING IMPROVEMENTS) OR FACILITIES RELATED THERETO. C. When required by the City, Lessee will furnish to the City two sets of complete plans and specifications for improvements proposed to be placed or constructed on the Premises and complete as-built plans following completion of construction. No work may be performed by Lessee or its contractors without the prior written approval of such plans by the City, acting through its Aviation Director and its Director of Engineering Services. D. Upon termination of this Lease, ownership of any improvements constructed by Lessee on the Premises during the term of this Lease reverts to the City free and clear of all liens, claims, and other encumbrances or adverse interest in the Premises or the Improvements Page 4 of 19 located thereon. Section 12. Lessee's Repair and Maintenance Obligations. A. Premises. Lessee, at its own expense, shall maintain the Premises and improvements in good appearance and in a good, safe condition. Lessee shall maintain all leasehold improvements on the Premises (including, without limitation, parking lots, sidewalks, roofs, walls, partitions, floors, ceilings, windows, doors, and glass, and all furnishings, fixtures, and equipment therein). Lessee shall provide janitorial service and maintenance to keep the interior and exterior of the Premises and improvements in a clean, attractive, and sanitary condition at all times. Any landscaping must be well-maintained and kept in a neat and tidy condition by the Lessee. Lessee shall repair any and all damage caused to real and personal property of City occurring on the Premises as a result of the willful or negligent acts or omissions of Lessee, its officers, employees, agents, guests, or invitees. B. Quality of Maintenance. It is the intent of the City and Lessee that the Premises and improvements will be repaired and maintained in a manner that shall keep the Improvements intact, in good repair, and in a condition so that said Improvements will be usable at the end of the Lease. Lessee must comply with the maintenance obligations and with all- applicable governmental laws, rules, or regulations. The Aviation Director is the sole judge of the quality of Lessee's maintenance, which must be reasonable and consistent with other properties. The Aviation Director may at any time, during City's normal business hours, upon prior notice unless an emergency exists, enter upon the Premises to determine if the maintenance requirements of this Lease are being complied with by Lessee. The Aviation Director must notify Lessee in writing of any default in maintenance or repair. If the required maintenance or repair in the Aviation Director's notice to Lessee is not commenced within 10 business days after receipt of such written notice, or is not diligently prosecuted to completion, the Aviation Director may, but is not obligated to do so, enter upon the Premises and perform the subject maintenance or repair. Lessee agrees to reimburse the Airport for its cost plus a 15% administrative fee within 30 days after the Aviation Director's written demand therefore, together with copies of all paid receipts for such repairs and maintenance. Lessee will develop, within 30 days of execution of this Lease, a preventative maintenance plan regarding the improvements and provide a copy to the Aviation Director. C. Correct Hazards. Lessee must immediately correct or cause to be corrected any hazardous or potentially hazardous condition on the Premises upon knowledge thereof, or after receipt of notice from the Aviation Director. At the Aviation Director's reasonable discretion, the operations in the Premises, or affected portion of the Premises, may be restrained or stopped until the hazardous or potentially hazardous condition is removed or corrected. Section 13. Security. Lessee, its officers, employees, agents, contractors, and invitees must comply with all applicable federal and local security regulations, as the same may be amended. To the extent allowed by law, Lessee covenants to indemnify and hold harmless City, its officers, and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or Transportation Security Administration by reason of the negligent or intentional failure of Lessee, its officers, employees, agents, contractors, or invitees to comply with security regulations, regardless of whether the fine, charge, or penalty is levied against the City or the Lessee. Page 5 of 19 Section 14. CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the FAA Regulations 14 CFR Part 77, as amended, if Lessee plans to construct or modify any structure, antenna, or building located on the Premises or to be constructed on the Premises as an Improvement. Section 15. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and the City as a height limitation on said structure, antenna, building, or object. The City may enter the Premises and remove the encroaching structure, antenna, building, or object without notice and at Lessee's expense plus an additional administrative charge of 15%. Section 16. Aerial Approaches. The Aviation Director may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected any building or structure on or adjacent to the Airport which, in the Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. Section 17. Hazardous Substances and Materials. A. For the purposes of this Lease, "hazardous substance or material" means and refers to one or more of the following: 1 . Asbestos; 2. Any substance, material or waste defined as a "hazardous waste" pursuant to Section 1004 of the Resource Conservation and Recovery Act (42 U.S.C. Section 6901 , et. seq.); 3. Any substance, material or waste defined as a "hazardous substance" pursuant to Section 101 of the Comprehensive Environmental Response, Compensation and Liability Act (42 U.S.C. Section 9601 , et. seq.); 4. Any substance, material or waste defined as a "regulated substance" pursuant to Subchapter IX of the Solid Waste Disposal Act (42 U.S.C. Section 6991 , et. seq.); and 5. Any substance, material or waste which is reasonably considered by the City to pose an actual or potential threat to persons or property in, around, or on the Premises. B. Lessee shall comply with all environmental laws, rules, regulations, orders and permits applicable to the use of the Premises and improvements including, but not limited to, required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the hazardous substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, transport, or dispose of any hazardous or regulated substances, materials, or waste on or near the Premises without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over the operations conducted on the Premises. No fuel storage tanks shall be located or permitted on the Premises. Page 6 of 19 C. If Lessee determines that a threat to the environment including, but not limited to, a release, discharge, spill or deposit of a hazardous substance or regulated substance has occurred or is occurring which affects or threatens to affect the Premises or the persons, structures, equipment, or other property upon the Premises or the Airport, Lessee must immediately notify by oral report in person or by telephone, to be promptly confirmed in writing, the Aviation Director as required by law or regulation. Lessee must cooperate fully with the Aviation Director in promptly responding to, reporting, and remedying a threat to the environment including, without limitation, a release or threat of release of a hazardous or regulated substance into the drainage system, soil, ground or surface water, waters, or atmosphere in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. D. Lessee shall keep a readily accessible file of Safety Data Sheets ("SDS") for each hazardous material or substance on the Premises or transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport employee who responds to a report of a discharge of a hazardous substance or material on the Premises. Lessee will require any operator of the facilities on the Premises to use best efforts to determine which hazardous substance or material was accidentally discharged and ensure that the SDS sheet is available for the first responders to the Premises. E. Lessee will cause prompt remediation and the payment of all costs associated with any action or inaction of Lessee that directly or indirectly prevents the City, acting through the Airport, from materially conforming to all then applicable environmental laws, rules, regulations, orders, or permits relating to the Premises. The rights and obligations set forth in this section shall survive the expiration or earlier termination of this Lease. F. Lessee shall furnish to the Aviation Director, within five days of receipt by Lessee, copies of any and all notices or correspondence directed to Lessee or any other party at the Premises from any governmental entity, other entity, or person indicating a violation or possible violation of any laws, rules, or regulations including, without limitation, any law, rule, or regulation regarding hazardous materials or substances (as such term is defined in this Lease). Section 18. Nondiscrimination/Affirmative Action. A. Nondiscrimination-General. Lessee for itself, and as a requirement for any sublessee, their personal representatives, successors in interest, and assigns, as a part of the consideration hereof covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will cause to the best of its ability the Premises and Improvements to be in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21 , Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. Page 7 of 19 B. Nondiscrimination-Business Owner. This agreement (aka Lease) is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award or performance of any concession agreement, management contract, or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. The concessionaire or contractor (Lessee) agrees to include the above statements in any subsequent concession agreement or contract covered by 49 CFR Part 23 that it enters and causes those businesses to similarly include the statements in further agreements. C. Remedy for Breach. If the Lessee is found by a final verdict of a court of competent jurisdiction to have deliberately breached a non-discrimination covenant, or to have permitted any sublessee to deliberately breach a non-discrimination covenant, the City may immediately enforce the remedies directed by the Court's decision, which may include the City's right to reenter the Premises, retake possession thereof, and terminate the Lease. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise of any rights to appeal. D. Affirmative Action. The Lessee will undertake any affirmative action program if required by 14 CFR Part 152, Subpart E, to ensure that the Lessee will not exclude any person from participating in any employment activity covered by 14 CFR Part 152, Subpart E, on the grounds of race, creed, color, national origin, sex, age, or disability. The Lessee will not exclude any person on these grounds from participation in or the receipt of the service or benefit of any program or activity covered by the subpart. The Lessee further understands that it will require its covered sub organizations, if any, to provide assurances to the City that they will also undertake any required affirmative action programs, if required, and require assurances from their sub- organizations, if required pursuant to 14 CFR Part 152, Subpart E. Lessee, at no expense to the City, shall comply with any applicable requirements of the Americans with Disabilities (ADA), as it may be amended, with respect to the Premises and its improvements. Section 19. Compliance with Laws. A. General. Lessee covenants to promptly observe, comply with and execute, and shall cause any sublessee to promptly observe, comply with and execute, the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions applicable to the use and occupancy of the Premises. A material breach of this covenant, which is not remedied within any permitted cure period, may be cause for City's exercising its rights under the Lease. During any period of Lessee's good faith challenge to any such laws, ordinances, rules, regulations, requirements, orders and directions in a court of competent jurisdiction, Lessee's inaction shall not be deemed a breach of this Lease. B. Federal. Lessee shall comply and shall require any sublessee to comply with all applicable federal laws, rules, and regulations including, without limitation, the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts the U.S. Congress passes that apply to the uses and operations at the Premises. C. State. Lessee shall comply with all applicable laws, rules, and regulations of the State of Texas. Page 8 of 19 D. Local. Lessee shall comply with all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. Section 20. Acceptance of Premises Disclaimer. LESSEE ACKNOWLEDGES THAT IT IS LEASING THE PREMISES "AS IS" WITH ALL FAULTS INCLUDING, BUT NOT LIMITED TO, ANY AND ALL POLLUTANTS, ASBESTOS, UNDERGROUND STORAGE TANKS, AND ANY OTHER HAZARDOUS MATERIALS AS MAY EXIST ON THE PREMISES AND THAT NEITHER CITY NOR ANY EMPLOYEE OR AGENT OF CITY HAS MADE ANY REPRESENTATIONS OR WARRANTIES AS TO THE CONDITION OF SUCH PREMISES. LESSEE ACKNOWLEDGES AND AGREES THAT LESSEE HAS BEEN PROVIDED, TO ITS SATISFACTION, THE OPPORTUNITY TO INSPECT THE PREMISES FOR ANY DEFECTS AS TO THE SUITABILITY OF SUCH PROPERTY FOR THE PURPOSE TO WHICH LESSEE INTENDS TO PUT THE PREMISES AND IS RELYING ON ITS OWN INSPECTION. THIS LEASE IS SUBJECT TO ALL COVENANTS, EASEMENTS, RESERVATIONS, RESTRICTIONS, AND OTHER MATTERS OF RECORD AND NOT OF RECORD APPLICABLE TO THE PREMISES. Section 21. Fiscal Year. By execution of this Lease, Lessee acknowledges that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on September 30 annually, is subject to budget approval and sufficient appropriations by the City Council for such contract item as an expenditure in the next fiscal budget. The City does not represent nor warrant to Lessee that a budget item providing for this Lease in any future fiscal budget will be actually adopted, as that determination is within the sole discretion of the City Council at the time of adoption of each fiscal budget. In the event the Lease is not continued, the City will reimburse the Lessee the cost of improvements on a pro-rata basis. Section 22. City's Obligations. A. City agrees to operate the Corpus Christi International Airport as a public airport during the term of this Lease, subject to the assurances given by the City to the United States Government. B. In exchange for Lessee's promise to maintain the Premises, the City agrees to make water and wastewater services available to the Premises property line on the same basis as it is made available to all businesses operating at the Airport. Lessee must procure and pay for all utility usage, such as gas, water, wastewater, electricity, cable, Internet, and telephone charges that are supplied to the Premises during the term of the Lease as the charges become due and payable. IN NO EVENT WILL THE CITY BE LIABLE FOR ANY INTERRUPTION OR FAILURE IN THE SUPPLYING OF ANY UTILITIES TO THE PREMISES, INCLUDING THOSE WHICH THE CITY HAS AGREED TO FURNISH. Page 9 of 19 C. If City causes Lessee's ingress or egress to be interrupted for more than 24 hours, the City will consider rent reduction for days of non-use. Section 23. Insurance. Lessee must 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 C, the content of which is incorporated into this Lease as if set out herein in its entirety. Lessee must cause certificate(s) of insurance to be provided to the Aviation Director and Risk Manager not less than 30 days prior to the annual anniversary date of the Effective Date of this Lease. The Risk Manager will annually assess the level and types of insurance required by the Lessee. The Risk Manager may increase or decrease the level or types of insurance by giving Lessee notice not less than 60 days prior to the annual anniversary date of the Effective Date of the Lease. Lessee shall have 30 days to procure the changed insurance and provide written proof of insurance to the Aviation Director and Risk Manager. Section 24. Indemnification. A. LESSEE SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, "INDEMNITEES'? FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, LIENS, JUDGMENTS, FINES, PENALTIES, AWARDS, LAWSUITS, CAUSES OF ACTION, AND EXPENSES OF ANY NATURE WHATSOEVER INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY CLAIMS AND ALL EXPENSES OF LITIGATION (INCLUDING MEDIATION AND ARBITRATION), COURT COSTS, REASONABLE ATTORNEYS' FEES, AND EXPERT WITNESS FEES, ON ACCOUNT OF PERSONAL INJURIES (INCLUDING WORKERS' COMPENSATION AND DEATH CLAIMS), PROPERTY LOSS OR DAMAGE, OR ANY OTHER KIND OF DAMAGES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH THIS LEASE OR THE PERFORMANCE OF THIS LEASE, REGARDLESS OF WHETHER THE INJURIES, DEATH, OR DAMAGES ARE CAUSED OR ARE CLAIMED TO BE CAUSED BY THE CONCURRENT OR CONTRIBUTORY NEGLIGENCE OF INDEMNITEES, BUT NOT IF BY THE SOLE NEGLIGENCE OF INDEMNITEES UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR PARTY. LESSEE 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 INDEMNITEES, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM OR OUT OF ANY OF SAID LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, CAUSES OF ACTION, OR DAMAGES. THE INDEMNIFICATION OBLIGATIONS OF LESSEE UNDER THIS SECTION SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS LEASE. Page 10 of 19 B. Notice of Claim or Action. Notwithstanding the above indemnifications, Lessee must give the Aviation Director and Risk Manager written notice of any accident or other matter covered under this section and forward to the Aviation Director and Risk Manager copies of every notice, demand, claim, summons, or other process communication received within 10 days of Lessee's receipt of same. Section 25. Assignment and Sublease. A. Lessee shall not assign this Lease or sublease the Premises or any part thereof or mortgage, pledge, or hypothecate its leasehold interest, or grant any concession or license within the Premises without the express prior written consent of the City, such consent being within the sole discretion of the City, and any attempt to do any of the foregoing shall be void and of no effect. In the event of any such assignment or sublease, attempted assignment or sublease, or should Lessee, in any other nature of transaction, allow or attempt to allow anyone to occupy the Premises or any portion thereof, City shall upon such occurrence have the right and option to terminate and cancel this Lease effective upon 10 days written notice to Lessee given by City at any time thereafter, and City may terminate and cancel either as to the entire Premises or as to only the portion thereof which Lessee assigned, subleased, attempted to assign or sublease, or otherwise allowed some other party's occupancy. Lessee shall be liable for payment of the fair market value of rents for the portion of the Premises used without consent of the City, such fair market value to be determined by resort and review of the Airport's current property appraisal report. In the event the City elects to terminate this Lease as to the aforesaid portion of the Premises, then the rent as to the remainder of the Premises may thereafter be reduced as appropriate and as determined by the City. This prohibition against assigning, subletting, attempting to assign or sublet, and allowing or attempting to allow occupancy by another without the City's consent is to be construed to include a prohibition against any assignment, subletting, or occupancy by operation of law. B. In any case where the City consents to a sublease of the leasehold, Lessee will remain liable for the performance of all terms, conditions, covenants, duties, and obligations of this Lease including, without limitation, the obligation to pay any and all sums required by this Lease to be paid and faithful adherence and performance of all indemnity provisions provided in this Lease. Section 26. Termination. A. Termination by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by Lessee at any time upon the occurrence of one or more of the following events: 1 . The City's permanent abandonment of the Airport; 2. The lawful assumption by the U.S. Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or of any substantial part or parts thereof, which substantially restricts the Lessee from operating at the Premises for a minimum of 180 days; or a. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport or the Premises that continues Page 11 of 19 for at least 180 days; or b. The default by the City in the performance of any covenant or obligation to be performed by the City and such failure to remedy the default continues for a period in excess of 60 days after receipt from Lessee of written notice to remedy the same. B. Termination by City. Without limiting any other rights and remedies to which City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1 . Is in arrears in payment the rent, fees, or other charges due under the Lease for 10 business days or more; 2. Becomes insolvent, takes the benefit of any present or future insolvency statute; makes a general assignment for the benefit of creditors; files a voluntary petition in bankruptcy or a petition or answer seeking a reorganization or the readjustment of its Indebtedness under the federal bankruptcy laws or under any other law or statute of the United States or of any state thereof; or consents to the appointment of a receiver, trustee, or liquidator of all or substantially all of its property; 3. Has a petition filed under any part of the federal bankruptcy laws, or any action sought under any present of future insolvency law or statute, against Lessee and which is not dismissed within 30 days after the filing date; 4. Abandons the Premises ["abandon" shall mean failing to use the Premises for aeronautical activities and services as defined in current FAA Order 5190.613 FAA Airport Compliance Manual for a period in excess of 90 days]; or 5. Otherwise defaults in the performance of any other material covenant of this Lease and continues the default for thirty (30)days, or such other time as may be provided herein, after receipt of written notice from the Aviation Direct of the default. If the default cannot reasonably be cured within said 30 days or within any other time as set out in the notice default, Lessee shall not be deemed in default if Lessee commences the remedy process with the applicable period and thereafter diligently prosecutes the same to completion with a reasonable time period as agreed to bey the Aviation Director; otherwise, Lessee will be determined to be in default. C. City's Right to Entry upon Termination. If the Lease is terminated, the City may enter upon the Premises. In the event of termination, the Aviation Director may enter onto the Premises to remove any and all persons or property from the Premises and place any property in storage for the account of and at the expense of Lessee. Excluding personal property provided at the Premises by the City which forms part of the granted use under this Lease, all personal property on the Premises except Protected Health Information (PHI) as defined by the Health Insurance Portability Accountability Act (HIPAA) is hereby subjected to a contractual landlord's lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in Page 12 of 19 favor of said landlord's lien; and it is agreed that said landlord's lien is not a waiver of any statutory or other lien given, or which may be given, to City but is in addition thereto. In the case of termination by either party, if Lessee fails to remove any of its furniture, fixtures, equipment, or other personal property from the Premises within ten (10) days following the termination of this Lease, Aviation Director may, at his option, take title to said personal property, remove the same, and sell the property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. To the extent allowed by law, Lessee further agrees to hold harmless and indemnify City, including its officers, agents, and employees, against, from any loss or damage or claim arising out of City's action in collecting monies owed to it under this paragraph, except for any loss, damage, or claim caused by the gross negligence or willful misconduct of City or its employees. D. Notice of Termination. If an event of material default occurs, and after due written notice identifying the default, the defaulting party has failed to cure or failed to commence to cure, the complaining party may at any time after the expiration of any such cure period terminate this Lease by providing written notice of termination to the defaulting party. The Lease will be terminated on the date specified in the notice but not sooner than 10 business days after the postmarked date of the notice. E. Improvements Revert to City. Except for the right of Lessee to remove personal property at the expiration of the Lease, ownership of all improvements placed or constructed on the Premises by Lessee revert to the City upon the expiration or earlier termination of this Lease. Section 27. Re-delivery of Premises. Upon the expiration or earlier termination of this Lease, Lessee shall deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or City, normal use and wear excepted. Section 28. Holdover. Any holding over by Lessee of the Premises after the expiration of this Lease will be on a month-to-month tenancy at sufferance not to exceed 18 months, at the then current monthly rent, and subject to surrender upon 30 days' prior written notice. Failure to timely surrender the Premises following written notice subjects Lessee to a monthly holdover fee of 125% of the then-current fair market rental value for the Premises. Section 29. Notices. A. With the exception of immediate notices to be provided to the City under the hazardous materials/substances provision of Section 17 and the indemnification provisions of Section 24 of this Lease, all notices required to be sent under this Lease are deemed sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service with proof of delivery, or delivered in person, and as properly addressed below: If to City: Director of Aviation Corpus Christi International Airport 1000 International Drive Page 13 of 19 Corpus Christi, TX 78406 361-826-3232 If to Lessee: Chief Financial Officer Berry Contracting, LLP 1414 Valero Way Corpus Christi, Texas 78409 361-693-2100 B. Either party may change the address to which notice must be addressed under this section by providing the other party with notice of the new address under any of the methods set out in this section. Section 30. Disclosure of Interest; Conflicts of Interest. A. The City's Code of Ordinances, Section 2-349, as amended, requires all persons seeking to do business with the City to complete and provide a "Disclosure of Interest" form of the type attached to this Lease as Exhibit D. The content of the completed Exhibit D by Lessee is incorporated into this Lease by reference as if fully set out in this section. Lessee is obligated to provide an updated Disclosure of Interest should any information submitted in Exhibit D and incorporated into this Lease by reference change during the pendency of this Lease for approval by the City Council and prior to the City's execution of the same B. Additionally, Lessee agrees, in compliance with Texas statutory requirements, to electronically complete and file Form 1295 "Certificate of Interested Parties" on the Texas Ethics Commission's website and to provide the certified, executed, and notarized form to the City as a condition of this Lease. Section 31. General Provisions. A. Mineral Rights. The City expressly reserves all water, gas, oil, and mineral rights in and under the soil beneath the Premises in which it holds an interest and reserves the right to conduct or provide for testing and removal of any such City-owned water, gas, oil, or minerals from the Premises. B. No Waiver of Forfeiture. Any failure or neglect of the City or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive City's or Lessees right thereafter to declare a forfeiture for like or other or succeeding breach or default. C. Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations under this Lease by reason of force majeure. "Force Majeure" for the purposes of this Lease means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God to include severe inclement weather and sustained periods of rain or snow, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform and claiming the force majeure. All of the foregoing events excuse the performance by either party for a period equal to any prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Page 14 of 19 Lease and the obligation of City to deliver the Premises. D. Rules and Regulations. City has adopted minimum operational standards ("Minimum Standards") and rules and regulations ("Rules and Regulations"), which shall govern Lessee in the use of the Premises and all common facilities, a copy of each of which has been furnished to the Lessee and are incorporated herein by reference. Lessee agrees to comply fully at all times with these governing documents. City, in its sole discretion, shall have the right to amend, modify, and alter these Minimum Standards and Rules and Regulations from time to time in a reasonable manner and may introduce other regulations as deemed necessary for the purpose of assuring the safety, welfare, convenience, and protection of property of City, Lessee, and all other tenants and customers of the Airport; provided, however, that City shall give Lessee reasonable advance notice of any such amendments, modifications, or alternations of the Minimum Standards and Rules and Regulations. E. Venue. Venue for any action brought under this Lease lies in Nueces County, Texas, where the Lease was executed and will be performed. F. No Third Party Benefit. No provision of this Lease creates a third party claim against the City or the Lessee beyond that which may legally exist in the absence of any such provision. G. Permits, Licenses, and Taxes. Lessee shall procure all permits and licenses, pay all charges, fees, and taxes including, but not limited to, all payroll taxes, Medicare taxes, FICA taxes, unemployment taxes, and all other related taxes according to Internal Revenue Circular E "Employer's Tax Guide," Publication 15, as it may be amended, and give all notices and respond to all communications that are necessary and incident to the due and lawful conduct of business at and occupancy of the Premises by Lessee. Lessee must provide proof of payment of any tax within 10 days after the City Manager's written request for the same. H. Trash and Refuse. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from operations on the Premises; must provide and use suitable receptacles approved by the Aviation Director for all trash and other refuse generated by the use of the Premises; must prohibit the piling of boxes, barrels, or other similar items in or within view from a public area; and must pay, or cause to be paid, the costs associated with trash removal and disposal. I. Delegation. Any obligations of the Lessee required by this Lease may be delegated to any approved sublessee by the terms of the sublease agreement between the parties, provided, however, that any such delegation shall not relieve Lessee of its liability, responsibilities, and obligations under this Lease. J. Publication. Lessee must pay all newspaper publication costs, if any, for this Lease as required by the City Charter. K. Incorporation of Exhibits. All exhibits referred to in this Lease are intended to be and hereby are specifically made a part of this Lease. Exhibit A - Leased Premises (Aerial) Exhibit B - Site Plan of Leased Premises and Rental Rates Page 15 of 19 Exhibit C - Insurance Requirements Exhibit D - Disclosure of Interest L. Incorporation of Required Provisions. City and Lessee incorporate herein by this reference all provisions lawfully required to be contained herein by any governmental body or agency. M. Nonexclusive Rights. It is understood and agreed that nothing herein contained shall be construed to grant to Lessee any exclusive right or privilege within the meaning of Section 308 of the Federal Aviation Act, as amended, for the conduct of any activity on the Airport, except that, subject to the terms and provisions hereof, Lessee shall have the right to exclusive possession of the Premises. N. Removal of Disabled Aircraft. Lessee shall promptly remove any disabled aircraft that is in the care, custody, or control of Lessee from any part of the Airport (other than the Premises) including, without limitation, runways, taxiways, aprons, and gate positions and place any such disabled aircraft in a storage area as may be designated by the Aviation Director. Except as to aircraft subject to bailment and/or for which Lessee is owed money from a customer, Lessee may store such disabled aircraft only for such length of time and on such terms and conditions as may be established by City. If Lessee fails to remove any of disabled aircraft promptly, the Aviation Director may, but shall not be obligated to, cause the removal of such disabled aircraft, provided, however, the obligation to remove or store such disabled aircraft shall not be inconsistent with federal laws and regulations and Lessee agrees to reimburse City for all costs of such removal, and Lessee further hereby releases City from any and all claims for damage to the disabled aircraft or otherwise arising from or in any way connected with such removal by City unless caused by the negligence or recklessness of City. O. Airport Access License/Permit. City reserves the right to establish a licensing or permit procedure for vehicles requiring access to the Airport operational areas and to levy directly against Lessee or its suppliers a reasonable regulatory or administrative charge (to recover the cost of any such program) for issuance of such Airport access license or permit. P. Compliance with 14 CFR Part 77. Lessee agrees to comply with the notification and review requirements covered in Part 77, Title 14, Code of Federal Regulations, FAA Regulations, in the event future construction of a building is planned for the Premises, or in the event of any planned modification or alteration of any present or future building or structure situated on the Premises. Q. Reservations re: Airspace and Noise. There is hereby reserved to the City, its successors, and assigns, for the use and benefit of the public, a right of flight for the passage of aircraft in the airspace above the surface of the Premises. R. Inspection of Books and Records. Each party hereto, at its expense and on reasonable notice, shall have the right from time to time to inspect and copy the books, records, and other data of the other party relating to the provisions and requirements of this Lease, provided, such inspection is made during regular business hours, and such is not prohibited by the federal government. S. Independent Contractor. Lessee is not an employee or agent of the City by Page 16 of 19 reason of this Lease or otherwise. Lessee shall be solely responsible for its own acts and omissions and the acts and omissions of its employees, representatives, agents, contractors, and subcontractors arising from or relating to its operations or activities at the Airport or the lease of the Premises. T. Authority of Lease. Lessee warrants and represents that it has the right, power, and legal capacity to enter into, and perform its obligations under this Lease, and no approvals or consents of any additional persons are necessary in connection with it. The execution, delivery, and performance of this Lease by the undersigned Lessee representative have been duly authorized by all necessary corporate action of Lessee, and this Lease constitutes a legal, valid, and binding obligation of Lessee, enforceable in accordance with its terms. U. Authority of the Aviation Director. The Aviation Director shall administer this Lease on behalf of City. Whenever this Lease calls for approval by the City, such approval shall be evidenced, in writing, by either the Aviation Director or by the City Manager if so required by the City's City Charter. In no event shall this language be considered a waiver by Lessee to object to decisions made by the Aviation Director which the Lessee considers to be arbitrary, capricious, or inconsistent with any express obligations to act reasonably as set forth in this Lease. V. Consent. Unless stipulated otherwise herein, whenever the consent or approval of either party is required or authorized under this Lease, such consent or approval shall not be unreasonably withheld, unreasonably conditioned, or unreasonably delayed. W. Net Lease. It is the intent and purpose of the City and Lessee that all rent payable by Lessee shall be absolutely net to the City so that this Lease shall yield to City the entire rent specified, in each year of this Lease, free of any charges, assessments, impositions, or deductions of any kind or character which may be charged, assessed, or imposed on or against Lessee or the Premises and without abatement, deduction, or set-off by Lessee. X. Noise Control. Lessee, for itself and each of its officers, representatives, agents, employees, contractors, subcontractors, invitees, guests, and suppliers shall not conduct any operation or activity on the Premises, or elsewhere at, in, or on the Airport in which the sound emitting therefrom is of such volume, frequency, or intensity at such time as to constitute a nuisance. The Aviation Director shall have the sole authority to determine what constitutes a nuisance under the provisions of this Lease, except those operations and activities having noise levels not in violation of federal, State, or local governmental standards shall not be deemed a nuisance. Y. Time is of the Essence. Time shall be of the essence in complying with the terms, conditions and provisions of this Lease. Z. Utilities. The tenant is responsible for paying all utility bills and deposits associated with the Leased Premises. Page 17 of 19 ARTICLE 32. ENTIRE AGREEMENT This Lease comprises the final and entire understanding and agreement, including all terms and conditions included herein, between the parties hereto and supersedes all other agreements, oral or otherwise, regarding the subject matter hereof, none of which shall hereafter be deemed to exist or to bind the parties hereto. The parties intend that neither shall be bound by any term, condition or representation not herein written. (EXECUTION PAGE FOLLOWS) Page 18 of 19 EXECUTED IN DUPLICATE ORIGINALS on the dates indicated below. CITY OF CORPUS CHRISTI BERRY CONTRACTING, LP Nadia Chandler-Hardy, James Bliss Assistant City Manager General Partner James Bliss Printed Name Printed Name Date: Date: 06/06/2023 ATTEST: AUTHORIZED BY Rebecca Huerta, City Secretary COUNCIL ON Date: SECRETARY Approved as to form: Assistant City Attorney for Miles Risley, City Attorney ACKNOWLEDGMENT STATE OF § § KNOW ALL BY THESE PRESENTS: COUNTY OF § This instrument was acknowledged before me on 2023, by James Bliss, General Partner of Berry Contracting, LP, a Texas for profit corporation, on behalf of the corporation. Notary Public, State of lzk— me IT Ag— __.... 544 oww. Ag - St o - - 44 a+ 0 1 o v • 753 .r N EXHIBITA Prepared by: Randy Schumann BERRY CONTRACTING L.P.SITE PLAN wECC1 t, �01111111111111& 437 Pinson Drive Approved by: Tyler Miller Corpus Christi % Date: 05/30/2023 s International Airport Not to Scale Sheet No.1of1 C1UserslRandySZCity of Corpus ChristRAirport Staff-SharedlEngineeringlAirport Ten ants LeaseMestGA\Berry T a �.. rz ' ;�F 5,0001 5500 WOF , ;- WEST WOFI Sq.Ft. -4 H-4 s Sq.Ft. r 100, 30,000 Sq.Ft. 300' LEGEND Annual Category Square Market Monthly Annual Apron 30,000 Sq.Ft. Feet Rent Per Rent Rent Sq Ft Hangar 4 13,750 Sq.Ft. Apron 30,000 $ 0.60 $1,500.00 $18,000.00 Office 2,500 Sq.Ft. Hangar(WGA H-4) 13,750 $ 1.95 $2,234.38 $26,812.50 Office Associated with Hangar(WGA OF-3) 2,500 $ 6.20 $1,291.67 $15,500.00 Storage 2,500 Sq.Ft. Storage Associated with Hangar(WGA OF-4) 2,500 $ 3.00 $ 625.00 $ 7,500.00 Vehicle Area 10,500 Sq.Ft. Vehicle Area 10,500 $ 0.50 $ 437.50 $ 5,250.00 Totals 59,250 $6,088.54 $73,062.50 ' � EXHIBIT B Prepared by: Randy Schumann CBERRY CONTRACTING L.P.LEASED PREMISES ' t,,�011111111111& 437 Pinson Drive Approved by: Tyler Miller 5 Corpus Christi Date: 05/30/2023 International Airport I Not to Scale Sheet No.I oft C1UserslRandySZCity of Corpus ChristMirport Staff-SharedlEngineeringlAirport Tenants LeaselwestGA\Berry 50 25' 120' 25' 70' �- - - -- - -- - - - - -- i i i i I G OF-4 WEST ' 100' 2,500 101' H-4 100' i Sq.Ft. 12,120 Sq.Ft. i i i OF-3 2,500 ' — -- — — Sq.Ft. --------------- i i i + wCe ' � EXHIBIT B Prepared by: Randy Schumann lw BERRY CONTRACTING L.P.LEASED PREMISES Approved by: 437 Pinson Drive Tyler Miller � 9 Corpus Christi International Airport Not to Scale Sheet No.2of2 Date: 05/30/2023 C1Users\RandySZCity of Corpus Christi\Airport Staff-Shared\EngineeringlAirport Ten ants Lease\WestGA\Berry EXHIBIT C INSURANCE REQUIREMENTS I. LESSEE'S LIABILITY INSURANCE A. Lessee (Berry Contracting, L.P.) must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager and Contract Administrator 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 $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 ❑ AUTO LIABILITY (including) $5,000,000 Combined Single Limit 1. Owned 2. Hired and Non-Owned 3. Rented/Leased Required ® Not Required ❑ WORKERS' COMPENSATION Statutory EMPLOYER'S LIABILITY $1,000,000/$1,000,000 /$1,000,000 Required ® Not Required ❑ HANGARKEEPERS LIABILITY $2,000,000 Per Occurrence Repair, taxiing or towing of aircraft, or in any $2,000,000 Per Aircraft way having care, custody or control of third- party aircraft. Required ® Not Required ❑ AIRCRAFT LIABILITY (including) $1,000,000 Per Occurrence 1. Owned 2. Hired and Non-Owned 3. Rented/Leased $10,000,000 Per Occurrence El Bodily Injury and Property Damage Including $20,000,000 Per Occurrence ❑ Passengers, Caused by Operations of Aircraft. In Air and On Ground. Required ® Not Required ❑ Commercial Self-Fueling. Page 1 of 4 AIRPORT LIABILITY INSURANCE $10,000,000 Per Occurrence (FBO's) Including products and completed operations, property damage,bodily injury,and owned and non-owned aircraft coverage. Required ❑ Not Required CRIME/EMPLOYEE DISHONESTY $25,000 Per Occurrence Lessee shall name the City of Corpus Christi, Texas as Loss Payee Required ® Not Required ❑ (Insurance Limit Subject to Change Based on Risk Review of Actual Receipts) POLLUTION LEGAL LIABILITY $2,000,000 Per Claim (Including Cleanup and Remediation) (Defense costs not included in face value of the Fuel Storage Tanks and Fueling or Refueling policy) Operations. If claims made policy, retro date must be prior to inception of agreement, have extended reporting period provisions and identify any limitations regarding who is insured. Required ® Not Required ❑ PERSONAL PROPERTY INSURANCE Lessee, at their own expense, shall be responsible for insuring all owned, leased or rented personal property. Required ® Not Required ❑ PROPERTY INSURANCE $1,000,000 Per Occurrence Lessee shall maintain property coverage on an "ALL RISK OF PHYSICAL LOSS" form for 100% of the value of all improvements leased from the City. Coverage shall include fire, wind, hail, theft, vandalism, and malicious mischief. Coverage shall be written on a replacement cost basis. Lessee shall name the City of Corpus Christi, Required ® Not Required ❑ Texas as Loss Payee. Subcontractors Lessee shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Lessee 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,Lessee must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. Page 2 of 4 II. ADDITIONAL REQUIREMENTS A. Applicable for paid employees, Lessee 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 Lessee will be promptly met. B. Lessee shall obtain and maintain in full force and effect for the duration of this Agreement, and any extension hereof, at Lessee'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. Lessee 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. Lessee 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. Lessee 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,Lessee shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee'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 Lessee'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 Lessee to remove the exhibit hereunder, and/or withhold any payment(s) if any, which become due to Lessee hereunder until Lessee demonstrates compliance with the requirements hereof. Page 3 of 4 G. Nothing herein contained shall be construed as limiting in any way the extent to which Lessee may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractor's performance of the work covered under this agreement. H. It is agreed that Lessee'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. 2023 Insurance Requirements Ins. Req. Exhibit- Aviation Contracts for General Services Performed Onsite—Berry Contracting, L.P. 05/03/2023 Risk Management—Legal Dept. Page 4 of 4 �pUS C� oka ❑ ATTACHMENT D: DISCLOSURE OF INTEREST FORM U CITY OF CORPUS CHRISTI - oaP ,ra DISCLOSURE OF INTEREST 1S52 Corpus Christi Code § 2-349, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". See next page for Filing Requirements, COMPANY NAME: Berry Contracting, L.P. d/b/a Bay Ltd P. O. BOX: STREET ADDRESS: 1414 Valero Way CITY: Corpus Christi STATE: Texas ZIP: 7846J- FIRM IS: 1. Corporation ❑ 2.Partnership3.Sole Owner 714. Association 5.Other Ix LIIIIIICU rdllllCIJIIIFJ DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant Page 1 of 21 RFQ Revised 4.19.2019 FILING REQUIREMENTS If a person who requests official action on a matter knows which the requested action will confer an economic benefit on any City official or employee which is distinguishable from the effect which the action will have on members of the public in general or a substantial segment thereof, you must disclose which fact in a signed writing to the City official, employee or body which has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure must also be made in a signed writing filed with the City Secretary. [Ethics Ordinance Section 2-349 (d)] CERTIFICATION I certify which all information provided is true and correct as of the date of this statement, which I have not knowingly withheld disclosure of any information requested; and which supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: James Bliss Title: VP & CID Signature of 06/06/2023 Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee of the city, including the board of any corporation created by the city. b. "Economic benefit". An action which is likely to affect an economic interest if it is likely to have an effect on which interest which is distinguishable from its effect on members of the public in general or a substantial segment thereof. c. "Employee." Any person employed by the city,whether under civil service or not, including part-time employees and employees of any corporation created by the city. d. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non-profit organizations. e. "Official." The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. f. "Ownership Interest."Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements. g. "Consultant." Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 RFQ Revised 4.19.2019 CCI A AUM Corpus Christi International Airport Berry Contracting, L. P. Lease Agreement Council Presentation July 18, 2023 Cr! Lease Agreement Corpus Christi / International Airport • Staff is requesting City Council to authorize a five-year lease agreement with an option of three (3) additional twelve (12) month terms for renewal with Berry Contracting for 13,750 square feet of hangar space, 2,500 square feet of storage, 30,000 square feet apron space, 10,500 square feet of parking, and 2,500 square feet of office space at the Corpus Christi International Airport (CCIA). • Berry Contracting initial term for five (5) year cost: -Monthly Rent Cost: $ 6,088.54 -Annual Cost: $ 73,062.50 • Berry Contracting will be subject to any rate adjustment based on current and future terminal rate assessments. Proposed Lease Agreement Cr! Corpus Christi International Airport r Pk@E f C` '1 3 L i "060 DF WEST WO tt - 06' 30.600 .. , I_ �I 300' '`. _ �" q` 21-1, LEGEND Square Market Monthly Annual CatCgOYy Apron 30Feet Rent Per Rent RenT ,404-5,q I Sq F[ Han9ar4 13,75p Sq.Ft. _Ap.rnr, so.00a 5 c_:,o 51.".]1):Io $18.0 OO Office 2,500 Sq.Ft. H—g6 r JWGA H 4 13,750 $ 1.95 7.734.38 5 76.812.50 Office A—dated with Hangar•aVGA OF-3) 2.500 5 6.20 51.2 N.17 5 15.500.00 Storage 2,500 Sq.Ft. 5t—g,Assod—d with H.—g-OVGA 6F-4) 2 SOL] 5 3 OO 5 o,20 5 7.500 OG Vehicle Area 1o,5o0 Sq.Ft, Vehicle Arca 10.590 $ 0.50 5 437.50 $ 5,250.00 TOWS 59,z54 6,063.54 i 73,062-50 • Berry Contracting will lease the West Hangar#4 along with associated office space,storage, apron,and parking spaces. Cr! i Corpus Christi International Airport • City Staff recommends approval of the five-year lease agreement. • The Airport Board recommended approval of the lease agreement at their regular scheduled meeting that took place on June 28, 2023. se o H v AGENDA MEMORANDUM NOgpOPPt EPublic Hearing and First Reading for the City Council Meeting of July 18, 2023 1852 Second Reading for the City Council Meeting of July 25, 2023 DATE: June16, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 1113 Comanche Street CAPTION: Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission, UDC § 3.3.3.C.1). PURPOSE: The purpose of this item is to rezone the property to allow for the warehousing of goods, welding, and a machine repair shop. BACKGROUND AND FINDINGS: The zoning report states the subject property is 0.17 acres in size and vacant. To the north, south, and east, properties are zoned "Cl" Intensive Commercial District, and their uses are Professional Office, vacant, and Medium-Density Residential respectively. Properties to the west are zoned "IL" Light Industrial with Professional office use. The applicant purchased the subject property in 2020 to expand separate business endeavors to include custom welding services. It is adjacent to the 2 properties on N. Staples Street and Waco Street that he acquired in 2016. The two properties include a barbeque restaurant in N. Staples that is open for the early lunch hour and a welding shop. The applicant has taken steps to clear the subject property to avoid vandalism and vagrancy and expand his business where he is the sole employee. The "IL" District is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distributing and permits certain public/civic uses and commercial uses, such as retail sales and service, restaurants, vehicle and equipment maintenance, medical facilities, social service uses, government facility uses, self-service storage uses, and major/minor utility uses. The proposed rezoning is inconsistent with the Future Land Use Map, however, is consistent with many broader elements of the City of Corpus Christi Comprehensive Plan. Public Input Process Number of Notices Mailed: • 19 within 200-foot notification area • 5 outside notification area. As of July 14, 2023.- In 023:In Favor In Opposition 0 inside notification area 0 inside notification area 0 outside notification area 0 outside notification area A total of 3.65 % of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended denial of a change in zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District, and in lieu, approval to the "CI/SP" Intensive Commercial District with a Special Permit on May 31, 2023. Special Permit subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.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. Vote Results For: 8 Against: 0 Absent: 1 ALTERNATIVES: 1 . Approval of the change of zoning from the "Cl" Intensive Commercial District to the "IL" Light Industrial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). 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 appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi'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 appear and 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 being Lot 6, Block A, Bluff portion of the Plan of City of Corpus Christi as shown in Exhibit "A": From the "Cl" Intensive Commercial District to the "CI/SP" Intensive Commercial District with a Special Permit. The subject property is located at or near 1113 Comanche Street. Exhibit A, a map , is attached to and incorporated in this ordinance. The Special Permit granted in this Section of this ordinance is subject to the following conditions: 1 . 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.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 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 by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 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 EXHIBIT A 777 CI CI S UBJEC.T COMANCHE SIPROPERTY CI L L. CI V) 0 z IL CASE: 0523 02T`' N SUBJECT PROPERTY WITH ZONING E { Subject Property A-1 Apartment House Dish rt -� Dmitad lndus[dal District A-tA Aparcment House DiDda 1-z DghtI FialDimr,t Corpus A-2 Apartment House Dish rt 1-3 H eavy lndusthal District AB Pmtessi anal Or—District PUD Planned Uniroevelopment AT Apartment-ToudnDinrict R-lA One Family Dwelling District SUBJEBT� - NeighdemeadBuemessDick- R-te oni1—ilyDwellmgDismet PROPERTY &1A Neig hhorhood Business District R-lc One Family Dwe lli ng District B2 BaytantBus Dst.D R-2 Multiple D II gDyt t B-7A Barr erlslandB Di4dct RA 0 F lyDwelling DsMct B3 Business Ds[ t RE Re,d t l Ektatc DioFnt D-0 General Business District R-TH Townhouse Dwelling District - BI Primary Business Distad SP Special Permit B-B Primary B usiness Core District TTA Travel Trailer Park District eD cnp,nschns-rleeaenDesgnD157. r-le Maner�ev,redHnmePan:olnda City of Esri,HERE F-R Fay Real Digdm T-ic Manuh h ed Hnme subdivisien Corpus LOCATION MAP HC Histerica�cultural Landmark Dish. Pr sem eon Christi w Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 Zoning Case No. 0523-02, Diego Vasquez (District 1). Ordinance rezoning property at or near 1113 Comanche Street from the "Cl" Intensive Commercial District to the "IL" Light Industrial District; Providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended denial in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit.). (3/4 favorable vote required to overrule Planning Commission). 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 appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi'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 appear and 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 being Lot 6, Block A, Bluff portion of the Plan of City of Corpus Christi as shown in Exhibit "A": From the "Cl" Intensive Commercial District to the "IL" Light Industrial District. The subject property is located at or near 1113 Comanche Street. Exhibit A, 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 by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 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 EXHIBIT A 777 CI CI S UBJEC.T COMANCHE SIPROPERTY CI L L. CI V) 0 z IL CASE: 0523 02T`' N SUBJECT PROPERTY WITH ZONING E { Subject Property A-1 Apartment House Dish rt -� Dmitad lndus[dal District A-tA Aparcment House DiDda 1-z DghtI FialDimr,t Corpus A-2 Apartment House Dish rt 1-3 H eavy lndusthal District AB Pmtessi anal Or—District PUD Planned Uniroevelopment AT Apartment-ToudnDinrict R-lA One Family Dwelling District SUBJEBT� - NeighdemeadBuemessDick- R-te oni1—ilyDwellmgDismet PROPERTY &1A Neig hhorhood Business District R-lc One Family Dwe lli ng District B2 BaytantBus Dst.D R-2 Multiple D II gDyt t B-7A Barr erlslandB Di4dct RA 0 F lyDwelling DsMct B3 Business Ds[ t RE Re,d t l Ektatc DioFnt D-0 General Business District R-TH Townhouse Dwelling District - BI Primary Business Distad SP Special Permit B-B Primary B usiness Core District TTA Travel Trailer Park District eD cnp,nschns-rleeaenDesgnD157. r-le Maner�ev,redHnmePan:olnda City of Esri,HERE F-R Fay Real Digdm T-ic Manuh h ed Hnme subdivisien Corpus LOCATION MAP HC Histerica�cultural Landmark Dish. Pr sem eon Christi w Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 ZONING REPORT Case # 0523-02 Applicant & Subject Property City Council District-1 Owner: Diego Vasquez Applicant: Diego Vasquez Address: 1113 Comanche Street, located along the south side of Comanche Street, east of Waco Street, and west of North Staples Street (FM 2444) Legal Description: Lot 6, Block 2020, Bluff Portion Acreage of Subject Property: 0.17 acres Pre-Submission Meeting: April 20, 2023 Zoning Request From: "Cl" Intensive Commercial District To: "IL" Light Industrial District Purpose of Request: To allow for the warehousing of goods, welding, and a machine repair shop. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site Vacant North Professional Office "Cl" Intensive Commercial South Vacant Mixed Use East Medium-Density Residential West "IL" Light Industrial Professional Office Plat Status: Platted. Military Compatibility Area Overlay District: No. Code Violations: None. Transportation and Circulation Designation-Urban Section Proposed Section Existing Comanche Street Street "Cl" Minor Residential 2 Lanes, 2 Lanes, Collector 60 Feet 60 feet Waco Street Local Residential 2 Lanes, 2 Lanes, 50 Feet 50 Feet Transit: The Corpus Christi RTA provides service to the subject property via Morgan/Port Route 16, Staples Route 29, and Arboleda Route 21 . Bicycle Mobility Plan: The subject property is located on a proposed 1-way Cycle Track on Comanche Street. Utilities Gas: 2" WS line along Comanche Street. Stormwater: 15" RCP line along Comanche Street. Wastewater: 8" VCP along Waco Street. Water: 6" PVC line along Waco Street. 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 Downtown Area Development Plan (Adopted on May 28, 2013). Water Master Plan: No improvements have been proposed. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 19 within a 200-foot notification area • 5 outside 200-foot notification area In Opposition . 1 inside the notification area • 0 inside the notification area • 3.65 % in opposition within the 200-foot notification area (1 individual property owner) Public Hearing Schedule Planning Commission Hearing Date: May 31 , 2023 City Council 1St Reading/Public Hearing Date: July 18, 2023 City Council 2nd Reading Date: July 23, 2023 Background: The applicant purchased the subject property in 2020. Prior to the purchase of the subject property, the applicant purchased 2 adjacent properties in 2016 on N. Staples Street and Waco Street. The applicant is adjacent to a barbeque restaurant in N. Staples that is open for the early lunch hour and is the owner/operator of a welding shop also located adjacent to the property. The applicant has purchased the subject property to expand separate business endeavors to include custom welding services. The applicant has taken steps to clear the subject property to avoid vandalism and vagrancy and expand his business where he is the sole employee. Zoning Report Page 3 Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for Decision Makers: o Economy and Workforce ■ Corpus Christi has a robust "entrepreneurial ecosystem" that supports a thriving small business community. ■ Promote a community culture that recognizes innovation and entrepreneurship. ■ Corpus Christi is a community of choice for talented entrepreneurs and professionals. o Future Land Use, Zoning, and Urban Design ■ Corpus Christi development patterns support efficient and cost-effective use of resources and high quality of life. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote the proper location of land uses based on compatibility, locational needs, and characteristics of each use. • Future Land Use Map: The proposed rezoning is inconsistent. o Designated Future Land Use: Mixed Use. o Mixed use can include vertical and horizontal mixture of uses, including housing, offices, ground-floor retail, services, restaurants and entertainment, cultural amenities, and so on. 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 many broader elements of the City of Corpus Christi Comprehensive Plan: • The proposed rezoning promotes an entrepreneurial ecosystem that has proven successful and is expanding. • The prosed rezoning values entrepreneurial innovation supporting two, separate business fronts. • Promotes a mix of land use between lunch hour office and custom welding services. 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 recommends a Special Permit in conjunction with the base zoning district that will only allow the additional use of warehousing goods, welding, and a machine repair shop. Such rezoning will protect the base zoning uses and prohibit more intensive uses that would be allowed in the requested zoning district. Planning Commission and Staff Recommendation (May 31, 2028): Denial of the requested change of zoning in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to the following conditions: 1 . Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting: All lighting shall be shielded, and pole lights shall be of the full cut-off type. All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10.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) Existing Zoning and Notice Area map, (B) Returned Notices Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA CI 5 6 3 4 C! 2 SUBJECT COMA CHE STPROPERTY C! IL 1 17 C I 7 18 16 8 H 19 15 F_ 9 Uj J U7 d z 1D 14 13 11 12 !L CASE: 0523 02 " Zoning and notice Area wb, S RM-1 Multitar ly1 IL Light Industrial RM2 Multifamily 2 IH Heavy Industrial RM-3Multibu ily3 PUD Planned Unit Dee Overlay ON Professional Ofr-- RS-10 Single-Family 10 RM-AT Multitomily AT RS-6SingleTamlly6 erclsl fir= CN-1 Neighborhood CammRS-4.5 Single-Family 4.5 CN-2Neighborhood Commercial RS-TF Two-Family CRA Resort Commercial RS-15 Single-Family 15 Coypus CR-2 Resod Commercial RE Residential Estate - 0iii CG-1 General Commercial RS-TH Townhouse G2 n CGeeral Commercial SP Special Permit CI Intensive Commercial SUBJECT CBD Downtown Commercial RV Recreational Vehicle Park PROPERTY RMH Manufactured Home CR3 Resort Commercial --- FR Farts Rural HHistoric Overlay BP Business Park r.+lYY�r SU*Ct Property Q rnnre �■,1= aC1 Z00'biM r raves 4 owrersw;i.M,200rWisd , Xm C'li}of Esti.HERE - _ altacnedw_.tptabN 0-11-pus LOCATION MAP Christi ATTACHMENT B : RETURNED NOTICES PUBLIC HEARING NOTICE City Council Rezoning Case No. 0523-02 Dle�o Vasquez has pettbontrd ttte Cay of Corpus Ghost to rJ.nt vk r a�terree�Z'X��d If��f+S r "Gl" InUsnslyj Cgipmercia! District to tt "IL`Light tnduYtriat J7istr resuttin in a ha to the Eylyrl Land Use Man.It&property to be rezorwd K de+�.rtred es A prop" located at or near 1113 Comanche Street and described as Lot 6, Block 2M, 81uff Portion,located along the south side of Comanche Street, east of Waco StrewL and west of Nofth Staples Street JFM 2444). Refer to the map on the reverse side. The(,dy Council will conduct a putAic heanng and first reading to mss and aon this request on Tuesda ct y,July 1af 2023 durrrg of r ��• ds regulw meetings, v&,..t� begins at 11:30 a.m Tt,. t ,trig wrd t-- ko4d to the City CCmincd Chambers, 1201 Leopard Street You are ovvd*d to �T4 f attend this public theanng to etpre"your vo--rab on vus rezoning For more .�,.' inforrnabon,call(361)82- -31M The City Council may recommeM cew u>tem-edxate zonrV ctarsstfr,vxxm arKVor Special Permits. Approval of a charge of zon rig,0 mconisrstenf wdh a r—RQ Vie City s Comprehensive Pian vAlt awo have tt* effect ce amerxmV Vie Comprehensive Plan to reflect the approted zorwV Persons with dtsatmi,ues pianntng to attend inns tweeting who may require sped serviciea are requesked tic aarraa ma C+ty Secretary s pffka at least 48 tours M ad vara a at 361-826-31D5 s=usw ationder esta junta y dingrse a la commtssw y au*V;ess es timdado algviw asta!a presF+rte p"0)'u-' a interpreter Para mas iii�rmar=pn.Por favorhamar a fa aWna del s6Grefano do fa cuadad a+number 351-e263145 To be on the record thr. , n must be filled out,signed try the current property awrier(s),wr d teturrled in its Entirety via mad to th,_ Aurn address on this notice or via emad to z 4w Property Owner(s)Name 1� �� on✓I ��G� -3 Address ��1 4'�f lQ L U -)r. ,�. _ Phone No: 3r+% ( ) In Favor ( In Opposition REASONS. gnatu Cao M-ow- E4,-,a goes WA, Ems ae:;���,Qy ccyn PhxJp 36+-�?63Sv8 *OCRs raerr, 23D.-,s; Zoning Case 0523-02 DIEGO VASQUEZ N j d DISTRICT 1 1 Rezoning for a property at 1113 Comanche Street LM' r From "Cl" to "IL" G�'OO p��]WC�IIt1C� �Sf�PGC��PQ� __ SUBJECTS --.. PROPERTY d w s C.ilv of � '- Esri,HERE'OCATION„- LMAPF Chiiui f City Council July 18, 2023 Zoning and Land Use N Proposed Use: To allow for the warehousing of goods, twelding, and a machine repair shop. Area Development Plan: Ci Downtown (Adopted on March 27, 2018) 0mafl61 a yam7fty Future Land Use Map: cl IL Mixed Use ci a Existing Zoning: "Cl" Intensive Commercial District o Adjacent Land Uses: • North: Professional Office, Zoned "Cl" • South: Vacant, Zoned "Cl" • East: Medium, Zoned "Cl" • West: Professional Office, Zoned "IL" Public Notification 19 Notices mailed inside 200' buffer 5 Notice(s) mailed outside 200' buffer s Notification Area 6 SCj 3 2 E Opposed: 1 (3.65 %) Separate Opposed Owners. 1 c 1 "„ , 18 X 16 8 a In Favor: 0 (0.00%) 19 15 9 a 10 13 11 No "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public li opposition. Analysis And Recommendation • The proposed rezoning promotes an entrepreneurial ecosystem that has proven successful and is expanding. • The prosed rezoning values entrepreneurial innovation supporting two, separate business fronts. • Promotes a mix of land use between lunch hour office and custom welding services. • After evaluation of case material, staff recommends a Special Permit in conjunction with the base zoning district that will only allow the additional use of warehousing goods, welding, and a machine repair shop. • Such rezoning will protect the base zoning uses and prohibit more intensive uses that would be allowed in the requested zoning district. Planning Commission and Staff Recommendation: Denial of the requested change of zoning in lieu thereof, approval of the "CI/SP" Intensive Commercial District with a Special Permit subject to conditions. Special Permit Conditions 1. Use: The only use allowed on the subject property other than uses permitted in the base zoning districts are warehousing of goods, welding, and a machine repair shop. 2. Screening Fence: A minimum of a seven-foot-tall screening fence is required to be constructed. 3. Lighting:All lighting shall be shielded, and pole lights shall be of the full cut-off type.All light fixtures within 50 feet of the property boundaries adjacent to residential zoning districts shall be no greater than 15 feet in height. 4. Outdoor storage is prohibited. 5. Welding and machine repair shall be done entirely within an enclosed building. 6. Hours of Operation: The hours of operation shall be limited from 6:00 AM to 10:00 PM. 7. Signage: No pole-mounted signage is allowed along Waco Street. 8. Noise: Noise regulations shall be subject to Section 31-3 of the Municipal Code. 9. Other Requirements: The conditions listed herein do not preclude compliance with other applicable UDC and Building and Fire Code Requirements. 10. 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. g h� 7 m u¢, t iQ 4W ONO 114 .7n' M*I�m "low �. . CASE: 0523 02 N W. E Aerial View S. ® Subject Property yard 5l k,: SUBJECT\ PROPERTY f 7 ■_■►1■ " , Lohrrpi f Esri, HERE s ti �vs cr� 0 0 a� H v koRPORPg4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Wesley Nebgen, Director of Water System Infrastructure We s I ey N(a)cctexa s.co m (361) 826-3111 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Micro-Solve for Wastewater Treatment Plants CAPTION: Resolution authorizing a two-year supply agreement with EGSW, LLC, of San Antonio in an amount not to exceed $541 ,300.00, for the purchase of Micro-Solve, a preventative grease and odor solution utilized at Wastewater Treatment Plants and Lift Stations, with FY 2023 funding in the amount of $90,217.00 from the FY 2023 Wastewater Fund. SUMMARY: This agreement will provide an odor control solution for the CCW Wastewater Treatment Plants and Lift Stations. Micro-solve has proven effective at mitigating and controlling the odors caused by fats, grease, oil accumulation, and buildup within the wastewater system. BACKGROUND AND FINDINGS: Wastewater collection and treatment system readily produces foul odors from the anaerobic decomposition of organic compounds during raw sewage conveyance and treatment. These odors negatively affect the health of residents. In recent years, the Corpus Christi Water (CCW) has been striving to eliminate the odors and create good neighborhoods for the residents. Our efforts include installing odor control units at WWTPs and major lift stations, routine cleaning of sewer lines and lift stations, implementing pretreatment program for industrial and commercial users, and adding chemicals to degrade the greases in the wastewater system. Micro-Solve is a biodegradable, uniquely formulated blend of organic ingredients specifically designed to accelerate bacterial growth in the raw sewage, to refrain from the production of foul odors. It has been proved effective and used at several wastewater treatment plants and lift stations for odor control. PROCUREMENT DETAIL: This is a sole source purchase. EGSW, LLC is the sole provider for Micro-Solve and has been supplying the chemical to the City since 2021 . The contract amount in this supply contract is 6% higher than in 2021 . ALTERNATIVES: An alternative is to not enter into a service agreement, which would require separate procurements on an as-needed basis. FISCAL IMPACT: The fiscal impact for FY 2023 is $90,217.00. FUNDING DETAIL: Fund: 4200 Wastewater Organization/Activity: 33100 Broadway Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520010 Purification chemicals Fund: 4200 Wastewater Organization/Activity: 33110 Oso Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520010 Purification chemicals Fund: 4200 Wastewater Organization/Activity: 33120 Greenwood Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520010 Purification chemicals Fund: 4200 Wastewater Organization/Activity: 33130 Allison Wastewater Plant Department: 46 Wastewater Project # (CIP Only): N/A Account: 520010 Purification chemicals RECOMMENDATION: Staff recommends approval of this resolution authorizing a two-year supply agreement with EGSW LLC, for Micro-Solve for Wastewater Treatment Plants as presented. LIST OF SUPPORTING DOCUMENTS: Supply Agreement Resolution Resolution authorizing a two-year supply agreement with EGSW, LLC, of San Antonio, in an amount not to exceed $541,300.00, for the purchase of Micro-Solve, a preventative grease and odor solution utilized at wastewater treatment plants and lift stations, with FY 2023 funding of$90,217.00 from the Wastewater Fund. WHEREAS, these supplies will be used by Corpus Christi Water to meet the operational needs of the department which are critical in sustaining the department's operational reliability for service; WHEREAS, State law provides that such procurements, as described above, are subject to statutory procurement requirements, including competitive bids, unless an exemption applies; and WHEREAS, the City Council finds there is a 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 special processes or patents; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (D), as this purchase is for captive replacement parts or components for equipment. 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 designee, is authorized to execute a supply agreement with EGSW, LLC, in an amount not to exceed $541 ,300.00 for the purchase of Micro- Solve, a preventative grease and odor solution utilized at wastewater treatment plants and lift stations, with FY 2023 funding of $90,217.00 from the Wastewater Fund. PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Page 1 of 2 Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 CUs > SUPPLY AGREEMENT NO. 4796 U Micro-Solve for Wastewater Treatment Plants fhaaaoRp�� 1852 THIS Micro-Solve for Wastewater Treatment Plants Supply Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and EGSW LLC ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide Micro-Solve for Wastewater Treatment Plants in response to Request for Bid No. 4796 ("RFB"), which RFB includes the required scope of work and all specifications and which RFB and the Contractor's bid response 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 Micro-Solve for Wastewater Treatment Plants 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. "Goods," "products", and "supplies", as used in this Agreement, refer to and have the same meaning. 2. Term. (A) The Term of this Agreement is two 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $541,300.00, subject to approved extensions and changes. Payment will be made Supply Agreement Standard Form - Wastewater Page 1 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 for goods delivered 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: Amanda Howard Department: Corpus Christi Water Phone: (361 ) 826-1894 Email: AmandaC@cctexas.com 5. Insurance. 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. 6. Purchase Release Order. For multiple-release purchases of products to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of products 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 products will remain with the Contractor until such time as the products are delivered and accepted by the City. Supply Agreement Standard Form - Wastewater Page 2 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 7. Inspection and Acceptance. City may inspect all products supplied before acceptance. Any products that are delivered but not accepted by the City must be corrected or replaced immediately at no charge to the City. If immediate correction or replacement at no charge cannot be made by the Contractor, a replacement product may be bought by the City on the open market and any costs incurred, including additional costs over the item's bid 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. 9. Quality/Quantity Adjustments. Any quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such products 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 providing the Goods, Contractor will not enter into subcontracts or utilize the services of subcontractors. Supply Agreement Standard Form - Wastewater Page 3 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 13. Amendments. This Agreement may be amended or modified only in writing executed by authorized representatives of both parties. 14. Waiver. No waiver by either party of any breach of any term or condition of this Agreement waives any subsequent breach of the same. 15. Taxes. The Contractor covenants to pay payroll taxes, Medicare taxes, FICA taxes, unemployment taxes and all other applicable taxes. Upon request, the City Manager shall be provided proof of payment of these taxes within 15 days of such request. 16. Notice. Any notice required under this Agreement must be given by fax, hand delivery, or certified mail, postage prepaid, and is deemed received on the day faxed or hand-delivered or on the third day after postmark if sent by certified mail. Notice must be sent as follows: IF TO CITY: City of Corpus Christi Attn: Amanda Howard Title: Contracts/Fund Administrator Address: 2726 Holly Road, Corpus Christi, Texas 78415 Phone: (361) 826-1894 Fax: (361 ) 826-4495 IF TO CONTRACTOR: EGSW LLC Attn: Troy Najar Title: Owner Address: 5804 Babcock Rd. #169, San Antonio, Texas 78240 Phone: (512) 775-5358 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 Supply Agreement Standard Form - Wastewater Page 4 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. Supply Agreement Standard Form -Wastewater Page 5 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. 28. Consent Decree Requirements. This Agreement is subject to certain requirements provided for by the Consent Decree entered into as part of Civil Action No. 2:20- cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A set of Wastewater Consent Decree Special Conditions has been attached as Attachment E, the content of which is Supply Agreement Standard Form -Wastewater Page 6 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 incorporated by reference into this Agreement as if fully set out here in its entirety. The Contractor must comply with Attachment E while performing the Services. CONTRACTOR Li-rbi uSigned by: Signature: Na�a� aFnzn 134.A7 Printed Name: Troy Najar Title: chief Date: 5/15/2023 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 Requirements Attachment D: Warranty Requirements Attachment E: Wastewater Consent Decree Special Conditions Incorporated by Reference Only: Exhibit l : RFB No. 4796 Exhibit 2: Contractor's Bid Response Supply Agreement Standard Form -Wastewater Page 7 of 7 Approved as to Legal Form March 8, 2022 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 Attachment A: Scope of Work 1 . General Requirements The Contractor shall supply and deliver Micro-Solve to accelerate bacterial growth and solve many of the issues associated with handling and treatment of animal fat, grease, oil accumulations, and buildup in the Wastewater Treatment Facilities and Lift Stations. 2. Scope of Work A. The Contractor shall supply and deliver Micro-Solve and associated products to Corpus Christi Water (CCW) wastewater treatment plants. B. Orders will be placed on an "as needed" basis. C. The Contractor shall deliver the order within 24 hours of order placement. D. The product will be delivered to the following locations: Name Address 1 Broadway Wastewater Treatment Plant 801 Resaca 2 Oso Wastewater Treatment Plant 501 Nile 3 Greenwood Wastewater Treatment Plant 6541 4 Lift Stations Various Locations DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 Attachment B - Pricing Schedule oQ,yuSC CITY OF CORPUS CHRISTI 04 CONTRACTS AND PROCUREMENT DEPARTMENT H BID FORM U SA # 4796 yO FP OR AI YO 1852 Micro-Solve for Wastewater Treatment Plants Date: 5/01/2023 Authorized Bidder: ecsw LLC Signature: f j2 (/ � 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description Unit 2 Yr. Qty. Unit Total Price Price 1 . Micro-Solve 55 Gallon Drum #MS2- EA 164 $3,125.00 $512,500.00 Drum 2. Micro-Solve Complete Pumping Kit #MS3- EA 10 $780.00 $ 7,800.00 Pump Kit 3. Micro-Solve Bubbler System (Complete) EA 6 $3,500.00 $21,000.00 #TB1 $541,300.00 Total DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 Attachment C - Insurance Requirements No insurance is required for this supply agreement. DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 Attachment D- Warranty Requirements No manufacturer's warranty required for this Agreement. Page 1 of 1 DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 ATTACHMENT E WASTEWATER CONSENT DECREE Special Conditions Special Project procedures are required from the CONTRACTOR as specified herein. The CONTRACTOR shall implement and maintain these procedures at the appropriate time, prior to and during performance of the work. The following special conditions and requirements shall apply to the Project: I. Consent Decree Notice Provision—The City of Corpus Christi ("City"), the United States of America and the State of Texas have entered into a Consent Decree in Civil Action No. 2:20-cv-00235, United States of America and State of Texas v. City of Corpus Christi in the United States District Court for the Southern District of Texas, Corpus Christi Division (the "Consent Decree"). A copy of the Consent Decree is available at https://www-cd n.cctexas.com/sites/default/files/CC-Consent-Decree.Pdf By signature of the Contract, CONTRACTOR acknowledges receipt of the Consent Decree. II. Performance of work. CONTRACTOR agrees that any work under this Contract is conditioned upon CONTRACTOR's performance of the Work in conformity with the terms of the Consent Decree. All Work shall be performed in accordance with the Design Criteria for Wastewater Systems under Title 30 Chapter 217 of the Texas Administrative Code, 30 Tex. Admin. Code Ch. 217, and using sound engineering practices to ensure that construction, management, operation and maintenance of the Sewer Collection System complies with the Clean Water Act. Work performed pursuant to this contract is work that the City is required to perform pursuant to the terms of the Consent Decree. In the event of any conflict between the terms and provisions of this Consent Decree and any other terms and provisions of this Contract or the Contract Documents, the terms and provisions of this Consent Decree shall prevail. III. Retention of documents — CONTRACTOR shall retain and preserve all non- identical copies of all documents, reports, research, analytical or other data, records or other information of any kind or character (including documents, records, or other information in electronic form) in its or its sub-contractors' or agents' possession or control, or that come into its or its sub-contractors' or agents' possession or control, and that relate in any manner to this contract, or the performance of any work described in this contract (the "Information"). This retention requirement shall apply regardless of any contrary DocuSign Envelope ID:CB7B5B7B-OFC6-426D-BE62-413896207BB9 city, corporate or institutional policy or procedure. CONTRACTOR, CONTRACTOR's sub-contractors and agents shall retain and shall not destroy any of the Information until five years after the termination of the Consent Decree and with prior written authorization from the City Attorney. CONTRACTOR shall provide the City with copies of any documents, reports, analytical data, or other information required to be maintained at any time upon request from the City. IV. Liability for stipulated penalties — Article I X of the Consent Decree provides that the United States of America, the United States Environmental Protection Agency and the State of Texas may assess stipulated penalties including interest against the City upon the occurrence of certain events. To the extent that CONTRACTOR or CONTRACTOR's agents or sub-contractors cause or contribute to, in whole or in part, the assessment of any stipulated penalty against the City, CONTRACTOR agrees that it shall pay to City the full amount of any stipulated penalty assessed against and paid by City that is caused or contributed to in whole or in part by any action, failure to act, or failure to act within the time required by any provision of this contract. CONTRACTOR shall also pay to City all costs, attorney fees, expert witness fees and all other fees and expenses incurred by City in connection with the assessment or payment of any such stipulated penalties, or in contesting the assessment or payment of any such stipulated penalties. In addition to any and all other remedies to which City may be entitled at law or in equity, CONTRACTOR expressly authorizes City to withhold all amounts assessed and paid as stipulated penalties, and all associated costs, fees, or expenses from any amount unpaid to CONTRACTOR under the terms of this contract, or from any retainage provided in the contract. 0 H V CORPORI AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Ernesto De La Garza, Director of Public Works ErnestoD2(o)cctexas.com (361) 826-1677 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(o-)cctexas.com (361) 826-3169 500 Gallon Above Ground Fuel Tank Purchase and Install at Kinney St. Storm Water Pump Station CAPTION: Motion authorizing execution of a one-year service agreement with R & R Petro Services, Inc., of Corpus Christi, in an amount not to exceed $59,818.11 for the purchase and installation of a 500- gallon above ground fuel tank for the Public Works Department, with FY 2023 funding of $14,954.00 from the Storm Water Fund. SUMMARY: This motion authorizes the purchase of 500-gallon above-ground fuel tank. The fuel tank will be installed under a service agreement following the City's procurement process. BACKGROUND AND FINDINGS: Two belly 250-gallon fuel tanks at Kinney Street pump station have exceeded their life expectancy and need replacement. These tanks are located below motors that generate power to run the pumps. The current tanks are 17 years old and require replacement. R & R Petro Services will disconnect both fuel tanks and replace them with one common above-ground 500-gallon fuel tank. After analysis, staff determined that replacing the tanks with two more tanks of similar size would require the motors to be removed. This operation would be much more costly than replacing the tanks with one above-ground 500-gallon tank. R & R Petro Services will reconnect all appropriate plumbing and electrical. PROCUREMENT DETAIL: Finance & Procurement conducted a competitive Request for Bids process to obtain bids for the purchase of a 500-gallon fuel day tank. The City received one responsive, responsible bid, and is recommending the award to R & R Petro Services, Inc., of Corpus Christi. When soliciting the Request for Bid there was a total of 219 vendors notified of the solicitation. Procurement conducted a price comparison on the tank itself and the current market price reflected 17.45% cost savings with R & R Petro Services, Inc. ALTERNATIVES: Replace in-kind with underground fuel tanks at a much greater expense.FISCAL IMPACT: Expenditures will total $14,954 for FY2023. The remainder $44,864.11 will be expended with FY2024 funding. FUNDING DETAIL: Fund: 4300 Organization/Activity: 32040 Mission Element: Project # (CIP Only): Account: 520130 RECOMMENDATION: Staff recommends approval of this motion authorizing execution of a one-year service agreement with R & R Petro Services, Inc., for the Public Works Department, as presented. LIST OF SUPPORTING DOCUMENTS: Bid Tabulation Service Agreement �vscy_ o� a City of Corpus Christi Bid Tabulation Finance-Procurement Department RFB No.4748 500 Gallon Fuel Day Tank Purchase&Install Buyer:Liza Elizalde iasw R&R Petro Services,Inc.of Corpus Christi,Texas ITEM DESCRIPTION QTY Unit Unit Price Extended Price 1 500 Gallon Day Tank 1 EA $ 21,832.20 $ 21,832.20 Removal of fuel lines,Install 500 Gallon Day Tank, Reconnect to existing fuel system and generators 2 and removal of existing fuel and the day tanks 2&3. 1 EA $ 11,715.00 $ 11,715.00 Cap all unused fuel lines,move controls to new day tank and labor and equipment to preform necessary tank. Electrical work to disconnect and reconnect 3 electrical components necessary to change out 1 EA $ 9,834.75 $ 9,834.75 control and provide power to new Day Tank for 2&3 generators. 4 Equipment Rental to move day tank into new 1 EA $ 5,100.00 $ 5,100.00 location AND re-route piping. 5 Truck&Tools 1 EA $ 330.001 $ 330.00 6 Utility Trailer/5th Wheel 1 EA $ 130.00 $ 130.00 Liquid Disposal&Transportation disposal of rise water 7 and fluid from existing tank 1 EA $ 2,775.00 $ 2,775.00 8 Additional 5-yr.Warranty on Tank 1 EA $ 2,351.16 $ 2,351.16 Estimated Mark Up% Total w/Mark Up Allowance q IMisc.Fittings/Material $ 5,000.00 15% $ 5,750.00 Total 1 Year $ 59,818.11 Page 1 of 1 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 �yV S C� G° a 0 H SERVICE AGREEMENT NO. 4748 U 500 Gallon Fuel Day Tank Purchase and Install yeanaonn!e 1852 THIS 500 Gallon Fuel Day Tank Purchase and Install Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and R & R Petro Services, Inc. ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide 500 Gallon Fuel Day Tank Purchase and Install in response to Request for Bid/Proposal No. 4748 ("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 500 Gallon Fuel Day Tank Purchase and Install ("Services") in accordance with the attached Scope of Work, as shown in Attachment A, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety, and in accordance with Exhibit 2. 2. Term. (A) The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $59,818.11 , subject to approved extensions and changes. Payment will be made Service Agreement Standard Form Page 1 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 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: Brandon Gunter Department: Public Works Phone: 361-826-1981 Email: BrandonG3@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Service Agreement Standard Form Page 2 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. Service Agreement Standard Form Page 3 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 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: Brandon Gunter Title: Work Coordinator Address: 2525 Hygeia St., Corpus Christi, Texas 78415 Phone: 361-826-1981 Fax: 361-826-1627 IF TO CONTRACTOR: R & R Petro Services, Inc. Attn: Robert Howe Title: CEO/VP Address: 5729 Leopard St., Bldg. #3, Corpus Christi, Texas 78408 Phone: 361-289-7730 Service Agreement Standard Form Page 4 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 Fax: 361-289-7289 17. CONTRACTOR SHALL FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY OF CORPUS CHRISTI AND ITS OFFICERS, EMPLOYEES AND AGENTS ("INDEMNITEES") FROM AND AGAINST ANY AND ALL LIABILITY, LOSS, CLAIMS, DEMANDS, SUITS, AND CAUSES OF ACTION OF WHATEVER NATURE, CHARACTER, OR DESCRIPTION ON ACCOUNT OF PERSONAL INJURIES, PROPERTY LOSS, OR DAMAGE, OR ANY OTHER KIND OF INJURY, LOSS, OR DAMAGE, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, ATTORNEYS' FEES AND EXPERT WITNESS FEES, WHICH ARISE OR ARE CLAIMED TO ARISE OUT OF OR IN CONNECTION WITH A BREACH OF THIS AGREEMENT OR THE PERFORMANCE OF THIS AGREEMENT BY THE CONTRACTOR OR RESULTS FROM THE NEGLIGENT ACT, OMISSION, MISCONDUCT, OR FAULT OF THE CONTRACTOR OR ITS EMPLOYEES OR AGENTS. CONTRACTOR MUST, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND ALL ACTIONS BASED THEREON WITH COUNSEL SATISFACTORY TO THE CITY ATTORNEY, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING OR RESULTING FROM ANY SAID LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, SUITS, OR ACTIONS. THE INDEMNIFICATION OBLIGATIONS OF CONTRACTOR UNDER THIS SECTION SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION OF THIS AGREEMENT. 18. Termination. (A) The City may terminate this Agreement for Contractor's failure to comply with any of the terms of this Agreement. The City must give the Contractor written notice of the breach and set out a reasonable opportunity to cure. If the Contractor has not cured within the cure period, the City may terminate this Agreement immediately thereafter. (B) Alternatively, the City may terminate this Agreement for convenience upon 30 days advance written notice to the Contractor. The City may also terminate this Agreement upon 24 hours written notice to the Contractor for failure to pay or provide proof of payment of taxes as set out in this Agreement. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. Service Agreement Standard Form Page 5 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1 ,000,000 or that result in the expenditure of at least $1 ,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. Service Agreement Standard Form Page 6 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement Standard Form Page 7 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 CONTRACTOR DocuSigned by: Signature: � Q Printed Name: Rafael Cavazos Title: CEO / vice president Date: 6/6/2023 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 Incorporated by Reference Only: Exhibit l : RFB/RFP No. 4748 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement Standard Form Page 8 of 8 Approved as to Legal Form October 29, 2021 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 ATTACHMENT A: SCOPE OF WORK General Requirements/Background Information The Contractor shall provide a 500-gallon day tank with complete turnkey installation and all necessary electrical work required as outlined in this Scope of Work. Contractor shall travel to location: Kinney Street Pump Station, 301 South Water Street, Corpus Chrsiti, Texas 78401 and have necessary equipment to complete the Scope of Work. Scope of Work 1 . Contractor shall establish a safe working area. 2. Contractor shall disassemble all necessary fuel lines from generator two and three day tanks. The day tanks are located directly under each generator. In addition to providing the primary fuel source the day tanks serve as a support structure to each generator. 3. Contractor shall decommission the old equipment and will not remove any equipment. The existing day tank also services as an engine mount/stand. 4. Contractor shall install the new 500-gallon day tank in a different area/location within the pump station. 5. Contractor shall then establish and reroute new fuel lines to supply generator number 2 and 3 with fuel. 6. Contractor shall remove remaining fuel from the existing day tanks, cap all lines/connections. 7. Contractor shall disconnect all electrical components from generator number 2 and 3. 8. Contractor shall reconnect all new electrical components necessary to change out controls and power up the new day tanks for generator number 2 and 3. 9. Contractor shall ensure that all fuel lines are free of any leakage. 10.Contractor shall perform turnkey test to ensure that the fuel system is complete and working properly. 11 .Contractor shall be response to clean all working areas. Contractor Quality Control and Superintendence The Contractor shall establish and maintain a complete Quality Control Program that is acceptable to the Contract Administrator to assure that the requirements of the Contract are provided as specified. The Contractor will also provide supervision of the work to insure it complies with the contract requirements. Page 1 of 1 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 ATTACHMENT B: BID/PRICING SCHEDULE use o� CITY OF CORPUS CHRISTI H CONTRACTS AND PROCUREMENT BID FORM N�ORPnPPS EQ Is52 RFB No. 4748 500 Gallon Fuel Day Tank Purchase and Install Date: 5/10/2023 PAGE 1 OF 2 R & R Petro Services, Inc. Authorized Bidder: Signature: �6 S 1. Refer to "Instructions to Bidders" and Contract Terms and Conditions before completing bid. 2. Quote your best price for each item. 3. In submitting this bid, Bidder certifies that: a. the prices in this bid have been arrived at independently, without consultation, communication, or agreement with any other Bidder or competitor, for the purpose of restricting competition with regard to prices. b. Bidder is an Equal Opportunity Employer, and the Disclosure of Interest information on file with City's Contracts and Procurement office, pursuant to the Code of Ordinances, is current and true. c. Bidder is current with all taxes due and company is in good standing with all applicable governmental agencies. d. Bidder acknowledges receipt and review of all addenda for this RFB. Item Description UNIT QTY Unit Total Price Price 1 500 Gallon Day Tank EA 1 21,832.20 21,832.20 2 Removal of fuel lines, Install 500 Gallon Day LS Tank, Reconnect to existing fuel system and generators and removal of existing fuel and 11,715.00 the day tanks 2 & 3. Cap all unused fuel lines, move controls to new day tank and labor and equipment to preform necessary tank. 3 Electrical work to disconnect and reconnect LS 9,834.75 electrical components necessary to change out control and provide power to new Day Tank for 2 & 3 generators. 4 Equipment Rental to move day tank into new LS 5100.00 location AND re-route piping. 5 Truck & Tools LS 330.00 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 PAGE 2 OF 2 Item Description UNIT QTY Unit Total Price Price 6 Utility Trailer / 5th Wheel LS 130.00 7 Liquid Disposal & Transportation disposal of LS 2775.00 rise water and fluid from existing tank Estimated Mark Total w/ Spend Up % Mark Up 8 Misc. Fittings/Material $5,000.00 15% 1 5750.00 Total 1-Year *Unit LS = Lump Sum New Total Q ' Price for Additional 5-yr. warranty on Tank $2,351 .16 $59,818.11 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 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:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 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 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 contract. Page 2 of 3 DocuSign Envelope ID:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 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 the 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:406F1 E69-ACF5-46A8-894C-4E6284E94DE0 ATTACHMENT D: WARRANTY REQUIREMENTS One-year warranty for workmanship for R&R Petro Services, Inc. and five-year manufactures warranty on tank. Page 1 of 1 so �o p A � 1 v 18WORPRP1 g4 AGENDA MEMORANDUM 52 Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health fauziak(a)cctexas.com (361) 826-7202 Josh Chronley, Assistant Director of Finance & Procurement Josh C2(a)cctexas.com (361) 826-3169 Magna Pure 24 Instrument Purchase CAPTION: Resolution authorizing a one-year service agreement with Roche Diagnostics Corporation, of Indianapolis, Indiana, for $57,286.40, for the purchase of a Magna Pure 24 Instrument to be utilized by the Corpus Christi-Nueces County Public Health District, with FY 2023 funding from the COVID IDCU grant fund. SUMMARY: The Magna Pure 24 instrument will be used to meet the demands of molecular testing labs. In addition to providing quality purified eluates, this new system offers onboard primary sample handling and mixed-batch sampling, along with surveillance features to ensure the highest quality of eluate while reducing human error. Funds in the amount of$98,679.00 are appropriated from the LRN funding to the IDCU/COVID-19 Contract HHS000812700042 to Health Grants Fund No. 1066 LRN Core 2 funding to pay for personnel costs, supplies, and other expenses; to provide a Public Health COVID Emergency Preparedness Response to maintain and support an action plan to respond to the COVID response in the community. BACKGROUND AND FINDINGS: The Texas Department of State Health Services (DSHS) has awarded a grant contract amendment in the amount of$160,905.00 to continue COVID laboratory activities within the Corpus Christi-Nueces County Public Health District that began September 1, 2022, through July 31, 2024, for the purchase of supplies, equipment, travel expenses, and personnel salary with fringe benefits to support the preparedness and response activities enabling expedient and appropriate response to events of public health consequences. PROCUREMENT DETAIL: This is a sole-source procurement. A statutory exception for this procurement is Texas Local Government Code, 252.022(a)(7)(A) available from only one source due to copyrights, secret processes, or patents. Roche Diagnostics is the sole manufacturer and distributor of all the Magna Pure Instruments, reagents, and consumables for the Magna Pure platforms. ALTERNATIVES: Discontinue COVID laboratory activities and thereby cause a delay in or prevent expedient and appropriate response to public health. FISCAL IMPACT: No fiscal impact to general fund. Grant does not require a cash or in-kind match. FUNDING DETAIL: Fund: 1066 Organization/Activity: 831861 F Mission Element: 15 LRN Infectious Disease Project # (CIP only): Account: 530000 RECOMMENDATION: Staff recommends approval of this resolution authorizing a one-year service agreement with Roche Diagnostics Corporation, as presented. LIST OF SUPPORTING DOCUMENTS: Service Agreement Price Sheet Resolution Resolution authorizing a one-year service agreement with Roche Diagnostics Corporation, of Indianapolis, Indiana, in an amount not to exceed $57,286.40, for the purchase of a Magna Pure 24 Instrument for Corpus Christi-Nueces County Public Health District, with FY 2023 funding in the amount of $57,286.40 available through the IDCU Covid Health fund. WHEREAS, Roche Diagnostics Corporation, will provide MagNa Pure 24 Instrument for the Corpus Christi-Nueces County Public Health District, an instrument in the BSL-3 laboratory for performing sample extractions for PCR testing. PCR testing for select agent that rule out testing and Covid testing; WHEREAS, State law provides that such procurements, as outlined above, are subject to statutory procurement requirements, including competitive bids, unless an exception applies; and WHEREAS, there is also a statutory exception for this procurement in Local Government Code, Section 252.022(a) (7) (A), as this purchase is available from only one source due to special processes or patents. 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 designee, is authorized to execute all documents necessary to secure a one-year service agreement with Roche Diagnostics Corporation, of Indianapolis, Indiana for an amount of $57,286.40. Page 1 of 2 PASSED AND APPROVED on the day of , 2023 Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 2 of 2 City of Corpus Christi MagNa Pure 24 Instrument Buyer: Desirree Ortiz Sole Source Roche Diagnostics Corporation Indianapolis, Indiana Item Description Part No Qty Cost Extended Price 1 Magna Pure 24 Instrument 7290519001 1 $79,500.00 $50,000.00 2 MagNa Pure 24 Classic SVC 8276056001 1 $9,108.00 $7,286.00 Total $57,286.00 SC G° a 0 H SERVICE AGREEMENT NO. 133865 U MagNa Pure 24 Instrument yeanaonn!e 1852 THIS MagNa Pure 24 Instrument Agreement ("Agreement") is entered into by and between the City of Corpus Christi, a Texas home-rule municipal corporation ("City") and Roche Diagnostic Corporation ("Contractor"), effective upon execution by the City Manager or the City Manager's designee ("City Manager"). WHEREAS, Contractor has bid to provide MagNa Pure 24 Instrument in response to Request for Bid/Proposal No. Sole Source-133865 ("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 MagNa Pure 24 Instrument ("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. The Term of this Agreement is one year beginning on the date provided in the Notice to Proceed from the Contract Administrator or the City's Procurement Division. The parties may mutually extend the term of this Agreement for up to 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. 3. Compensation and Payment. This Agreement is for an amount not to exceed $57,286.40, 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. Service Agreement- Roche MagNa Pure 24 Page 1 of 7 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: Angela Flores Corpus Christi-Nueces County Public Health District 361-826-7218 angelaf@cctexas.com 5. Insurance; Bonds. (A) Before performance can begin under this Agreement, the Contractor must deliver a certificate of insurance ("COI"), as proof of the required insurance coverages, to the City's Risk Manager and the Contract Administrator. Additionally, the COI must state that the City will be given at least 30 days' advance written notice of cancellation, material change in coverage, or intent not to renew any of the policies. The City must be named as an additional insured. The City Attorney must be given copies of all insurance policies within 10 days of the City Manager's written request. Insurance requirements are as stated in Attachment C, the content of which is incorporated by reference into this Agreement as if fully set out here in its entirety. (B) In the event that a payment bond, a performance bond, or both, are required of the Contractor to be provided to the City under this Agreement before performance can commence, the terms, conditions, and amounts required in the bonds and appropriate surety information are as included in the RFB/RFP or as may be added to Attachment C, and such content is incorporated here in this Agreement by reference as if each bond's terms, conditions, and amounts were fully set out here in its entirety. 6. Purchase Release Order. For multiple-release purchases of Services to be provided by the Contractor over a period of time, the City will exercise its right to specify time, place and quantity of Services to be delivered in the following manner: any City department or division may send to Contractor a purchase release order signed by an authorized agent of the department or division. The purchase release order must refer to this Agreement, and Services will not be rendered until the Contractor receives the signed purchase release order. Service Agreement- Roche MagNa Pure 24 Page 2 of 7 7. Inspection and Acceptance. City may inspect all Services and products supplied before acceptance. Any Services or products that are provided but not accepted by the City must be corrected or re-worked immediately at no charge to the City. If immediate correction or re-working at no charge cannot be made by the Contractor, a replacement service may be procured by the City on the open market and any costs incurred, including additional costs over the item's bid/proposal price, must be paid by the Contractor within 30 days of receipt of City's invoice. 8. Warranty. (A) The Contractor warrants that all products supplied under this Agreement are new, quality items that are free from defects, fit for their intended purpose, and of good material and workmanship. The Contractor warrants that it has clear title to the products and that the products are free of liens or encumbrances. (B) In addition, the products purchased under this Agreement shall be warranted by the Contractor or, if indicated in Attachment D by the manufacturer, for the period stated in Attachment D. Attachment D is attached to this Agreement and is incorporated by reference into this Agreement as if fully set out here in its entirety. (C) Contractor warrants that all Services will be performed in accordance with the standard of care used by similarly situated contractors performing similar services. 9. Quality/Quantity Adjustments. Any Service quantities indicated on the Bid/Pricing Schedule are estimates only and do not obligate the City to order or accept more than the City's actual requirements nor do the estimates restrict the City from ordering less than its actual needs during the term of the Agreement and including any Option Period. Substitutions and deviations from the City's product requirements or specifications are prohibited without the prior written approval of the Contract Administrator. 10. Non-Appropriation. The continuation of this Agreement after the close of any fiscal year of the City,which fiscal year ends on September 30th annually, is subject to appropriations and budget approval specifically covering this Agreement as an expenditure in said budget, and it is within the sole discretion of the City's City Council to determine whether or not to fund this Agreement. The City does not represent that this budget item will be adopted, as said determination is within the City Council's sole discretion when adopting each budget. 11. Independent Contractor. Contractor will perform the work required by this Agreement as an independent contractor and will furnish such Services in its own Service Agreement- Roche MagNa Pure 24 Page 3 of 7 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: Angela Flores Laboratory Manager 1702 Horne Road, Corpus Christi, Texas 78416 Phone: 361-826-7218 Fax: 361-826-7217 IF TO CONTRACTOR: Roche Diagnostic Corportation Attn: Joe Liang Instrument Sales Specialist 9115 Hague Road, PO Box 50414, Indianapolis, IN 46250-0414 Phone: 800-262-1640 Fax: 800-888-1902 17. INTENTIONALLY DELETED. 18. Termination. (A) Either party may terminate this Agreement for the other party's failure to comply with any of the terms of this Agreement. The non-defaulting party must give the other party written notice of the breach and set out a reasonable Service Agreement- Roche MagNa Pure 24 Page 4 of 7 opportunity to cure. If the defect is not cured within the cure period, the non- defaulting party may terminate this Agreement immediately thereafter. (B) Alternatively, the Agreement may be terminated in accordance with the Roche Purchasing Agreement terms included in Attachment D. 19. Owner's Manual and Preventative Maintenance. Contractor agrees to provide a copy of the owner's manual and/or preventative maintenance guidelines or instructions if available for any equipment purchased by the City pursuant to this Agreement. Contractor must provide such documentation upon delivery of such equipment and prior to receipt of the final payment by the City. 20. Limitation of Liability. The City's maximum liability under this Agreement is limited to the total amount of compensation listed in Section 3 of this Agreement. In no event shall the City be liable for incidental, consequential or special damages. 21. Assignment. No assignment of this Agreement by the Contractor, or of any right or interest contained herein, is effective unless the City Manager first gives written consent to such assignment. The performance of this Agreement by the Contractor is of the essence of this Agreement, and the City Manager's right to withhold consent to such assignment is within the sole discretion of the City Manager on any ground whatsoever. 22. Severability. Each provision of this Agreement is considered to be severable and, if, for any reason, any provision or part of this Agreement is determined to be invalid and contrary to applicable law, such invalidity shall not impair the operation of nor affect those portions of this Agreement that are valid, but this Agreement shall be construed and enforced in all respects as if the invalid or unenforceable provision or part had been omitted. 23. Order of Precedence. In the event of any conflicts or inconsistencies between this Agreement, its attachments, and exhibits, such conflicts and inconsistencies will be resolved by reference to the documents in the following order of priority: A. this Agreement (excluding attachments and exhibits); B. its attachments; C. the bid solicitation document including any addenda (Exhibit 1 ); then, D. the Contractor's bid response (Exhibit 2). 24. Certificate of Interested Parties. Contractor agrees to comply with Texas Government Code Section 2252.908, as it may be amended, and to complete Form 1295 "Certificate of Interested Parties" as part of this Agreement if required by said statute. 25. Governing Law. Contractor agrees to comply with all federal, Texas, and City laws in the performance of this Agreement. The applicable law for any legal disputes Service Agreement- Roche MagNa Pure 24 Page 5 of 7 arising out of this Agreement is the law of the State of Texas, and such form and venue for such disputes is the appropriate district, county, or justice court in and for Nueces County, Texas. 26. Public Information Act Requirements. This paragraph applies only to agreements that have a stated expenditure of at least $1,000,000 or that result in the expenditure of at least $1,000,000 by the City. The requirements of Subchapter J, Chapter 552, Government Code, may apply to this contract and the Contractor agrees that the contract can be terminated if the Contractor knowingly or intentionally fails to comply with a requirement of that subchapter. 27. Entire Agreement. This Agreement constitutes the entire agreement between the parties concerning the subject matter of this Agreement and supersedes all prior negotiations, arrangements, agreements and understandings, either oral or written, between the parties. Service Agreement- Roche MagNa Pure 24 Page 6 of 7 CONTRACTOR Signature: Printed Name: Title: Date: CITY OF CORPUS CHRISTI Josh Chronley Assistant Director of Finance - Procurement Approved as to Legal Form: Date: Attached and Incorporated by Reference: Assistant City Attorney Date Attachment A: Scope of Work Attachment B: Bid/Pricing Schedule Attachment C: Insurance and Bond Requirements Attachment D: Warranty Requirements Incorporated by Reference Only: Exhibit 1 : RFB/RFP No. Sole Source-133865 Exhibit 2: Contractor's Bid/Proposal Response Service Agreement- Roche MagNa Pure 24 Page 7 of 7 Scope of Work: A. The Contractor will provide the needed instrument for testing and install the unit in the BSL-3 laboratory. B. The Contractor shall provide the following: a. Necessary support and assistance during set-up of the instrument. b. Field service representative will install MagNa Pure and Millisect instrument. c. Training: Free of charge. d. Installation and training will occur same day once instrument is delivered. e. Warranty: complete coverage for parts and labor from defects for one year. f. Extended Warranty: Coverage beyond the initial warranty (catalog number 07290519001). C. The Contractor shall provide: Technical assistance hotline for instrument hardware, software, and application chemistry. D. All work is to be completed during normal business hours which are Monday- Friday 8am -5 pm. Service is to be performed in the clinical laboratory at 1702 Horne Road, Corpus Christi, Tx, 78416. ATTACHMENT A: SCOPE OF WORK Roche June 6, 2023 City Of Corpus Christi 1702 Horne Rd Corpus Christi,TX 78416-1902 Phone: (361)826-7214 Email:valerier@cctexas.com Re: Proposal Number Q-00008345 Proposal is valid from 05-22-2023 to 12-31-2023 Dear Valerie Requenez, Roche Sequencing& Life Science is pleased to offer the following pricing proposal for the sale of the following instrument(s): - MagNA Pure 24 Instrument In order to ensure the best performance of your instrument(s), be sure to use reagents and consumables from Roche Sequencing & Life Science. Learn more about our instrument Classic or Depot service plan options at RocheServiceCoverage.com. Please note that this proposal does not serve as a Service Agreement. A fully executed Service Agreement detailing plan coverage and terms&conditions will be provided upon request. If you have further questions or require additional information, please contact me at+1619-517-6817. I can also be reached via email atjoe.liang@roche.com. Sincerely, Joe Liang Instrument Sales Specialist Roche Sequencing& Life Science AVEN10,LIGHTCYCLER,MAGNA PURE,MILLISECT and VANTAGE are trademarks of Roche. Page 1 ATTACHMENT B: BID/PRICING SCHEDULE Sequencing/Life Science Quotation Product C ct Name IRN Qty List Price Disc% Net Unit Subtotal(Net Amount Price Price) Savings MagNA Pure 24 Instrument 07290519001 MagNA Pure 24 Instrument 1 $79,500.00 37% $50,000.00 $50,000.00 $29,500.00 08276056001 MagNA pure 24 Classic SVC 1 $9,108.00 20% $7,286.40 $7,286.40 $1,821.60 Sub Total: $57,286.40 $31,321.60 Freight Charge: Quote Total(USD): $57,286.40 Total Amount Savings: 35% $31,321.60 Customer Comments: Freight charge will be waived. AVENIO,LIGHTCYCLER,MAGNA PURE,MILLISECT and VANTAGE are trademarks of Roche. Page 2 eche Delivery and Installation: • Delivery will be at the earliest convenience. • Roche Sequencing / Life Science agrees to provide necessary support and assistance during set—up of the instrument, if requested for LightCycler product line instrumentation. • A Field Service Representative will install MagNAPure and Millisect instrument. • Shipping charges additional. Estimated freight charges quoted are approximate and subject to change: Item Carrier Estimated Cost MagNA Pure 24 Instrument As Appropriate $1,105.00 Training: • Roche Sequencing/Life Science offers training,free of charge, if requested. Instrument Warranty: • Complete coverage for parts and labor to address any product defects for one year. Issues caused by inappropriate use of the instrument may not be covered. • Technical assistance hotline for instrument hardware,software and application chemistry. Available Extended Service Agreement: • For coverage beyond the initial warranty period: Item Cat. No. Cost/Year MagNA pure 24 Classic SVC 07290519001 $7,286.40 For more information about the Service Plans and Roche Terms and Conditions, please visit https://diagnostics.roche.com/us/en/support/service-contracts.html Ordering: • To place your order, please email your purchase order and signed Equipment Purchase Agreement to indianapolis.lifescience-contracts@roche.com or fax to 800-888-1902. Roche Diagnostics 9115 Hague Road,PO Box 50414 Indianapolis, IN 46250-0414 Attn: Life Science Contracts Dept Fax:800-888-1902/Phone:800-262-1640 Email:indianapolis.lifescience-contracts@roche.com Our Tax Payer ID#is 13-2511923 AVEN10,LIGHTCYCLER,MAGNA PURE,MILLISECT and VANTAGE are trademarks of Roche. Page 3 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 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 or termination in coverage and not less than 10 calendar days advance written notice for nonpayment of premium. Page 2 of 3 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. 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 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 ATTACHMENT D:WARRANTY REQUIREMENTS Roche Roche Service Plan Options Roche Support Network offers flexible after warranty support options tailored to meet your needs. Roche's service commitment to our customers includes in-house and field support. Roche's in-house technical support,in-house customer service,and field support teams are all available to provide the most comprehensive support network in our industry. The following features are included with the selected plan: Premium Service Classic Service IT Plan Plan Depot Plan Products Plan Contract Features Unlimited service visits Monday through Friday from 8:00 a.m.to 5:00 p.m. (local time). Excludes Roche holidays Emergency service visits on Saturday,Sunday and Roche holidays from 8:00 a.m.to 5:00 p.m. Customer Support Center Specialists are available by phone 24 hours a *see below *see below *see below day,365 days a year to assist in troubleshooting. All necessary warranted repair parts and the travel and labor to install parts. f f f Labor and preventive maintenance kits for preventative maintenance visit(s). f f Response for emergency repairs within 24 hours of request on weekends and Roche holidays. Response for emergency repairs within 24 hours of request Monday through Friday local time. Remote access connectivity for problem identification,training,and monitoring. **see below **see below A maximum labor charge for each service visit outside of contract NSA coverage hours. Premium Service Classic Service IT Plan Plan Depot Plan Products Plan Contract Features Computer hardware repaired if purchased from Roche in conjunction with Roche Software Products. System repaired at customer site. System repaired at Roche site. Software repaired via remote access. Loaner system available. /see next page Preventative maintenance visits. 98%Uptime Guarantee. f`see below Service overage spedfically exd.des failures due to open for errors,lade of operator maintenance,abnormal or unapproved uses,and acts of third parties,faulty eI—tical connections,fl.-.tions or failures in air conditioning,water quality spedfiations,healing or cooling system sand electrical power failures,dust,dirt,liquids,computer viruses,fo—ro.y—conditions,or other causes beyond Roche',reasonable control.To the extent Custom er requests that Roche provide repairs exduded from Service coveage,additional costs will apply.Services--dale any device used or.ssoci—dwiththe Equipment which w.snof part ofthe Equipment as odginally manufact.red(,g.,extern.Ico,p.ters,externalvater supply,external uninterruptible power supply and-....I line conditioners).Roche may modify the Equipment in order to improve its and reliability.Modifications required to m eet u se or reliability spedfications will be performed as part ofthe w.ranty or the Services.If a Schedule provides for an allowance to.cq.ire a product or service from a third party,Customerwill be solely responsible for selecting the vendor and for any validation relating to that product or service. *For Applied Science products only,the Roche Applied Science Customer Support Center i....il.ble Monday to Friday from 8 AM to 6 PM Eastern T,e excluding Roche Holidays **The following system s have remote capability:cobes®pro analyzer series,cobes®6000 analyzer sedes, b.s-8000 analyzer cedes,COLAS Integer 400 Plus,cob.04800 analyzer,NAVIFV Tumor Board Solution,VIEW ICS,p512/p612T.sk Targeted Automation and cobs 8100 systems Customer must gant Roche wc—s to utilize remote service capabilities.Such.a'ess,.y be granted on a pedodic or per instance basis..determined by Custom er and Roche. ..*98%Uptime G--"for Premium Plan:If.covered piece of Equipment is"Down"I—definition below)for more than 14 hours in any given month,Roche will issuer Customer..edit cortific-.The value of the.edit cortific-will depend upon the type of Equipment that is down.The credit will be applied to Cu--'s.00.nt and edited a ging future invoices for the purchase of reagents,supplies and consumable..Th,.edit cerofiate is Cu stomer'sexdu sive remedy for Equipment Downtime under thi s g---limitations,—1.so....d conditions for the 98%Upti,eG.aantee:1)Onlyone—ditc-ific—will be issued each,onth for.p ic.l.rpieco of Eq.ip,entth.tis Down;2)Itisstrictlylimited toelectrial.ndmech.vial hardware failures and spedfiallyexdudesopeatorreplac.W wppliesand cons.mablesthat require a Roche Feld Service Representative to lo,dispatched;3)Downtime sped fi ally exdu des those fail.res a used by op—to,errors,site dis—L.ndes,reagents,ali bators,control s,acts of God,or any environmental problem beyond Roche's co ntrol; 4)C.-no er,.d lo,loc-dwithin.100,ileadi.sof.no-opolitan.re.;5)Downti,e wi 11 be meas.red fronthe ti no e the F d d Service Representative isdisp.tched(Mal function B egi n Too e).mil theti,ethe repair has been coo Ll eted and sped fi a lly exdu des the ti,a spent after the repair to ob serve the performance(certainty ofthe repair)of the Equip,ert;6)Downti,e wi116e a1cu1aced u sing 24 hours p erd.y,7d.ys per week,once monthly L.sis;7)To,official doomert.no.to determine Downti no e will be the F eld Service Representative's Service Order which Customer will review at the cond.si on of each repair. ....Custom er Support Center Special ists a re available for VIE W ICS by phone 8:00.,to B:OOpm Monday through Friday.Inco,ing a1Is on tsde of these ti no es a 11 ow for e—ges to be left and received at the next.v.i lab le time during the VIE W ICS so pport hours.VIEW ICS.til izes In 1-1 remote su pport via a Roche entity which may reside on is de of the United States.No hui th d..d mg,an offshore so pp ort team utilizes field-support staff loafed within the United States if needed. "Down"or"Downtime"for each piece of covered Equipment will mean: •COBAS Integersyge,,cob.06000...lyzer wdes,cob.08000...lyzer senes,cob.s pro analyzer—ws,cob.,e 411.n.ly—,,cobsc 111...ly—,,cobas c311...lyzer-Unable to report results on three or m ec ore tests due to no chwic,l, elhial or software failure. •LIG HTCVCLER®ingot,-E M19NA Pure i-m—E ROCHE OM NI Series,Am pliPrep system,T.q Man®48 ingot,enG T.gM.n®96,cob.0 4800...lym...d URISVS 2400 Urine analyzer-Unable to report results. •HAMILTON DILUTOR-Unable to process dilutions •Cob.s 8100 w-oo and Co bas,511 are specifially exduded fro,the 98%uptime guaantee ,AM PLIPREP,COLAS,COLAS C,COLAS E,COBAS INTEGRA,111CV1V1,LIGHTCVCLER,MAGNA PURE,MODULAR,MODULAR PRE-ANALYTICS,TAQMAN,OMNI and U RISVS 2400 are trademarks of Roche.The technology used for LightCycler is licensed from Idaho Technology,Inc.All other product names and trademarks are the property of their respective owner. ©2013 Roche Diagnostics.All rights reserved.431-52671-0813 cobas®Liat Depot Replacement Service Coverage For cobas®Liat service issues covered by warranty or Roche Depot Service that cannot be rectified through remote Roche technical support at 1-800-800-5973(including any periodic preventative maintenance that must be completed at Roche facilities),Roche may elect to replace such cobas®Liat with a new or certified unit.All cobas® Liats come with an initial one year warranty and Customers are required to subscribe to service for the cobas®Liat thereafter as detailed in Customer's Product Schedule and executed by Roche and the Customer. Roche Depot Service and Loaner System Details Customer Obligations:Customer agrees to return Roche-owned Equipment loaned to Customer for use by Customer while Customer-owned Roche Equipment is being repaired("Loaner Equipment'l within fifteen(15)business days of the repaired Equipment being returned to Customer.If Customer fails to return the Loaner Equipment within this allotted time,Customer will automatically be billed,and agrees to pay,a monthly charge for each piece of Loaner Equipment as set forth in the table below. Equipment Monthl Fee Li htC cler 1.5 $670 Li htC cler 2.0 $500 Li htC cler 96 $482 Cobasu411 $225 Cobas9180 $65 Repair Terms:Prior to shipping Equipment requiring repair to Roche,Customer must accept,approve,and execute the flat rate repair quote and provide a Purchase Order number in the returned quote.The returned quote must be received by a Roche Representative.Roche may also elect,at Roche's option,to provide Customer with Loaner Equipment at the time of acceptance of the flat rate repair quote by the Customer.If no purchase order number is provided when accepting the repair quote,no Loaner Equipment will be provided.Roche will provide Customer with an appropriate shipping container for the Equipment in need of repair and then also to return the Loaner Equipment.Customer shall have thirty(30)days to approve or reject the repair quote provided by Roche.In the event that Customer fails to reply with a rejection or approval of the flat rate quote within thirty(30)days,the flat rate quote shall expire. Customer will automatically be billed,and agrees to pay,a monthly charge for unreturned Loaner Equipment past the fifteen(15)day return policy stated above.This monthly charge will continue to be billed until the Loaner Equipment is returned to Roche. Roche Diagnostics 9115 Hague Road Indianapolis,IN 46256 Equipment Purchase Terms Conditions: CustomerName: City Of Corpus Christi Purchase of equipment ("Equipment") listed on the attached proposal (each proposal shall be referred to as a "Schedule") is expressly conditioned on (b)Third-Party Products.The sole and exclusive warranty for any product provided,directly Customer's assent and acceptance to these Roche Diagnostics Corporation or indirectly,by a third party will be the standard warranty provided by the third party,and ("Roche")Terms and Conditions and any acceptance of Roche's offer is expressly Roche will have no responsibility or liability relating to such product.Customer will install only limited to acceptance of these Terms and Conditions.Roche expressly objects to Roche-approved software on the Equipment.(c)Service.Roche warrants that Service will be any additional or different terms proposed by Customer.No Customer form shall free from defects in workmanship for a period of 30 days from the date of the Service. modify these Terms and Conditions,nor shall any course of performance,course of (d)Limitations.The sole and exclusive remedy for the breach of any warranty is to refund, dealing,or usage of trade operate as a modification or waiver of these Terms and replace, or repair (including shipment of replacement parts) the affected Equipment, at Conditions.No waiver or modification to any term is valid unless it is in writing and Roche's sole discretion THE LIMITED WARRANTY SET FORTH IN THIS SECTION WILL BE IN LIEU signed by both parties. OF, AND ROCHE EXPRESSLY DISCLAIMS, ANY OTHER WARRANTY, EXPRESS OR IMPLIED, 1. EQUIPMENT AND PRICE INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR Customer agrees to purchase the Equipment identified on the Schedule(s),at the PURPOSE. prices set forth in the Schedule(s).Title will transfer upon delivery. 2. BILLING AND PAYMENT TERMS 8. DEFAULT Roche will bill Customer for Equipment(the"Invoice Date")upon shipment,unless A party is in"Default'under these Terms and Conditions if the party does not perform any of the Equipment requires Roche installation ("Roche-installed Equipment"). For its obligations under the Terms and Conditions and this failure continues for 30 days after Roche-installed Equipment,the Invoice Date will be when all Roche installation written notification of that failure,with the exception that Customer is in Default if Customer activities are complete.Payment terms shall be net thirty(30)days from Invoice fails to fulfill any payment obligation within 15 days of the invoice due date.Customer is in Date. Payment by credit card is accepted at point of sale only. Failure to pay Default if it offers Equipment for resale,directly or through an affiliate invoices when due may result in non-shipment of future orders of products and/or refusal to provide service and/or being notified by Roche that Customer is in 9. REMEDIES Default.All applicable taxes will be added to invoices. (a)Default by Customer.In the event of a Default by Customer,Roche may(1)terminate any 3. SHIPMENTS Schedule(s);(2)require Customer to return the Equipment to Roche at Customer's cost;(3) Roche will ship Equipment to the facility designated in each Schedule.Customer collect all amounts owed or that become due under the Purchase Terms and Conditions, will pay all freight,shipping,and special delivery charges,but Roche will select the including a late payment charge of 1.5%per month or the highest permitted by law;(4)cease carriers and be responsible for loss and damage of the Equipment until delivery to providing service to Customer with respect to any service agreements relating to the Customer's facility. Freight and handling charges will be included in the invoice Equipment; and (5)exercise other remedies available at law or in equity. Remedies are Customer receives from Roche.Customer is liable for risk of loss and damage after cumulative and may be exercised in any order.(b)Default by Roche.In the event of a Default delivery to Customer's facility. The Equipment will be deemed accepted by by Roche, Customer may(1)terminate the applicable Schedule(s),and (2)exercise other Customer unless, within 30 days after delivery, or installation if applicable, remedies available at law or in equity.Customer will remain obligated to pay all sums owed Customer provides Roche written notice that the Equipment is not in good working to Roche prior to the date of Customer's termination.The defaulting party will reimburse the order. non-defaulting party for costs,expenses and damages,including reasonable attorney's fees 4. TAXES and other expenses of collection incurred by the non-defaulting party. Customer will pay when due,directly or by reimbursing Roche,all sales,use,and personal property taxes,and any interest and penalties on such delinquent taxes 10. LIMITATION OF LIABILITY related to this Equipment Purchase.Customer will not be invoiced for any sales or Neither party shall be liable to the other party for incidental,indirect,special or consequential use taxes for which Customer is exempt as long as Customer maintains a valid damages.To the extent permitted by law,each party will indemnify the other party from all exemption certificate and provides it to Roche. third-party liabilities arising from the indemnifying party's negligence or willful misconduct or 5. TRAINING failure to perform its duties or obligations as set forth in these Purchase Terms and Training to be provided by Roche,if any,will be identified in the applicable Conditions,except to the extent caused by(a)the negligence or willful misconduct of the Schedule. party seeking indemnification,or(b)a party's use of Equipment other than in accordance with 6. SERVICE its labeling,or(c)a party's use of non-Roche products on the Equipment. If Customer has purchased extended service("Service"),the term and pricing of the Service is set forth in the Schedule(s).Any Service provided to Customer will be 11. MISCELLANEOUS provided in accordance with the applicable terms and conditions identified in the (a)Governing Law.The laws of the State of Texas will govern these Terms and Conditions. Roche service options located at RocheServiceCoverage.com. Both parties waive the right to a jury trial.(b)For Research Use Only Labeling.Some Roche 7. LIMITED WARRANTY products are labeled"For Research Use Only".Roche is required to inform Customer,and a) Equipment. Roche warrants that Equipment will be free from defects in Customer acknowledges,that this labeling means the products are intended by Roche solely materials and workmanship and will meet manufacturer's written specifications for for use in basic or applied laboratory research and are not intended to be used in diagnostic, a period of one year from the applicable Invoice Date.Roche warrants consumable prognostic,or therapeutic indications.Customer's acknowledgment is not intended to limit items and equipment support products for a period of 90 days from delivery. the rights and obligations of Customer under the Clinical Laboratory Improvement Customer agrees that Roche makes no representation and provides no warranty Amendments(CLIA)of 1988 and its subsequent amendments,as well as any other state and for non-Roche products used on the Equipment. local requirements Internal reference: Q-00008345 AVEN10,LIGHTCYCLER,MAGNA PURE,MILLISECT and VANTAGE are trademarks of Roche. 1. ROCHE REMOTE ACCESS SERVICE: Remote access by Roche is for the purpose of installation,troubleshooting, software updates,and support.Customer shall provide and secure an Internet enabled connection with specific access to the Roche remote diagnostic IP addresses and shall host Roche remote diagnostic software on the Roche systems. Customer shall be responsible for approving or gating remote connections to the systems.For Customer provided systems Customer shall provide Roche with a vendor or generic login having local administrative rights,not tied to a specific Roche employee for the purpose of installation and support.Identification of the specific Roche individual accessing the system will be documented and retained in the Roche CRM package.Roche will provide such documentation upon Customer request.Trending data (e.g.,error log files,voltages,equipment diagnostics checks,and system information which may include aggregated tests ran, results and trending dates),which can be used for service and support analytics,as well as supply and allocation assessments. Trending data may be routinely collected by Roche,utilizing Roche remote diagnostics.The collected data does not contain directly identifiable patient information.Roche will have no obligation to alert or notify Customer of any issues or problems arising in connection with any Equipment which are or would have been discernable from a study or review of any data obtained from the Equipment.If Customer does not meet its obligations under this section,Roche reserves the right to bill Customer for all on-site installation,troubleshooting,or reinstallation of software services at Roche's standard rates for service/repairs,including travel expenses. 2. BILLING AND PAYMENT:Roche will bill Customer for Service at the beginning of each service period. Payment terms shall be net thirty(30)days from date of invoice. Failure to pay invoices when due may result in refusal to provide Services, cash in advance payment terms and/or being notified by Roche that Customer is in Default. All applicable taxes will be added to invoices. 3 LIMITED WARRANTY:Roche warrants that the Services provided will be free from defects in workmanship for a period of 30 days from the date of the Services.THE LIMITED WARRANTY SET FORTH IN THIS SECTION WILL BE IN LIEU OF,AND ROCHE EXPRESSLY DISCLAIMS,ANY OTHER WARRANTY,EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.IN NO EVENT WILL ROCHE BE LIABLE FOR INCIDENTAL,INDIRECT,SPECIAL OR CONSEQUENTIAL DAMAGES. 4. EARLY TERMINATION: Customer may terminate this Agreement at any time by giving Roche at least ninety(90)days' advance written notice aAll of Customer's obligations must be current to terminate this Agreement prior to completion of the Term. 5. DEFAULT:A party is in default under this Agreement if.(a)such party does not perform any of its obligations under this Agreement and this failure continues for 15 days after written notification of such failure;(b)such party notifies the other party that it does not intend to perform its obligations under this Agreement;(c)such party becomes insolvent,dissolves or is dissolved,assigns its assets for the benefit of creditors or enters(voluntarily or involuntarily)into any bankruptcy or reorganization proceeding or admits in writing its inability to pay its debts. 6. REMEDIES: a. Roche Default:If Roche defaults,Customer may (i)terminate this Agreement,with Roche remaining liable for all obligations which have not yet been met under this Agreement and(ii)exercise any and all other remedies available at law or in equity. Customer will remain obligated to pay all sums owed to Roche prior to the date of Customer's termination. b. Customer Default:If Customer defaults,Roche may(1)require Customer to pay the sum of any remaining payments for Services;(2)terminate this Agreement and collect all amounts owing under this Agreement(the "Outstanding Balance");and(3)exercise any and all other remedies available at law or in equity. In the event Roche exercises its right to terminate this Agreement and begins collection efforts against Customer,Roche may include a late payment charge of 1.5%per month or the highest rate permitted by law,whichever is less,on the Outstanding Balance. c. Cumulative Remedies:All of the remedies available are cumulative and maybe exercised in any order. Service Agreement Terms 02.9.2018 d. Other Expenses: The defaulting party agrees to reimburse the non-defaulting party for all costs,expenses and damages,including reasonable attorney's fees and all other expenses of collection incurred by the non-defaulting party- 7. ENTIRE AGREEMENT:Customer agrees that the terms and conditions in this Agreement make up the entire agreement between Customer and Roche with respect to the subject matter contained herein unless expressly agreed to by the parties.In the event of a conflict between this Agreement and other agreements(including a purchase order)this Agreement will control;provided however,to the extent Customer had previous service coverage on the Equipment,in the event of a conflict between this Agreement and the agreement pursuant to which that coverage was provided,the prior agreement will control. 8. GOVERNING LAW/JURY WAIVER:Both parties agree that the laws of the State of Texas will govern this Agreement. Each party expressly waives its rights to trial by jury. 9. NOTICES:Notices shall be sent via one of the following means and will be effective (a)on the date of delivery,when delivered in person or by nationally recognized overnight courier service(costs prepaid);(b)on the date of receipt,if sent by a PDF image sent by email or other electronic transmission(with delivery confirmed);or(c)on the date received or rejected by the addressee,if sent by first class certified mail,return receipt requested(or its equivalent). All notices will be addressed to the party receiving the notice at its address shown on the face of this Agreement and marked Attn:Law Department. 10. ASSIGNMENT: Customer may not assign, sell or transfer Customer's interest in this Agreement without Roche's prior written consent which will not be unreasonably withheld.Roche may,with written notice to Customer,sell assign or transfer this Agreement. 11. SURVIVAL:Each party's rights will survive the term of this Agreement. 12. FORCE MAJEURE:Either party's obligations under this Agreement will be suspended in the event that a party is hindered or prevented from complying with its obligations(other than the obligation to pay money)because of labor disputes, hurricanes,earthquakes,floods,or other acts of God,war,terrorism or any other condition beyond the party's reasonable control. 13. WAIVER:If either party delays or fails to enforce any of its rights under this Agreement,such party will be able to enforce its rights at a later time. Service Agreement Terms 02.9.2018 �vs cr� G� AGENDA MEMORANDUM rycoApoRAE� Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police M ikema(o)-cctexas.com 361-886-2601 Amendment to Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi and Nueces County CAPTION: Resolution authorizing an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi, Nueces County, and City of Bishop to include in the agreement the City of Driscoll as a MetroCom participant. SUMMARY: The City of Driscoll wants to use MetroCom for all 911 emergency calls and law enforcement dispatch functions. In order for the City of Driscoll to participate in MetroCom, the existing Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi, Nueces County, and City of Bishop must be modified to include the City of Driscoll. BACKGROUND AND FINDINGS: The MetroCom Board establishes a method of dividing operating expenses based upon the usage of the system by each of the entities that use the system. The most efficient method to track and project usage is through the Computer Aided Dispatch or CAD history files. Using the formula established by the MetroCom Board, Driscoll's contribution has been determined using their current figures (Entity's calls for service (1,765)/MetroCom total calls for service (581,750) x MetroCom budget ($8,334,173) = Entity's contribution). Driscoll will contribute $25,285.00 for the remainder of calendar year 2023. This amount will be paid by Driscoll in advance for MetroCom dispatching services or within 10 days of the execution of the contract, and it will be prorated for the current calendar year. After the initial, pro-rated year, the full annual amount is due to the City by January 1 of each calendar year. The full annual amount that is to be paid for each new calendar year is based on the total calls for service each entity received during the previous calendar year. The MetroCom Board approved the recommendation to include the City of Driscoll in the interlocal agreement between the City of Corpus Christi, Nueces County, and City of Bishop on July 18, 2022. The MetroCom Board consists of the Mayor of Corpus Christi and the Nueces County Judge. The addition of Driscoll will bring all of Nueces County, except for Robstown and Port Aransas, into MetroCom dispatching services. ALTERNATIVES: The alternative is not to enter into the contract and not provide services to Driscoll. However, if this occurs, then MetroCom will continue to respond to dispatch calls for service for Driscoll without receiving funds in return for service. FINANCIAL IMPACT: The City will receive $25,285.00 from the City of Driscoll and the $25,285.00 will be deposited into the MetroCom Fund 1048. FUNDING DETAIL: Fund: MetroCom Fund 1048 Account: 303036 - MetroCom various interlocal agreements Activity: 11800 Amount: $25,285.00 RECOMMENDATION: Staff recommends supporting the resolution to amend the interlocal agreement, as presented. LIST OF SUPPORTING DOCUMENTS: Interlocal agreement Resolution authorizing an amendment to the Consolidated Emergency Dispatch Center Interlocal Agreement between the City of Corpus Christi, Nueces County, and City of Bishop to include in the agreement the City of Driscoll as a MetroCom participant. WHEREAS, the City of Corpus Christi (City) and Nueces County (County) are parties to an Interlocal Cooperation Agreement dated June 5, 2000 (Consolidated Dispatch Emergency Center; MetroCom), providing for the City and County consolidate their public safety dispatch centers into a single public safety answering point known as "MetroCom" for the areas served by the City and County; WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement dated April 4, 2003, being the first amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement establishing a cost allocation method; WHEREAS, the City and County are parties to an Interlocal Cooperation Agreement dated November 10, 2010 (MetroCom Consolidated Dispatch Emergency Center), being the second amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement; and WHEREAS, the City and County amended the Interlocal Cooperation Agreement dated, being the third amendment to the Consolidated Dispatch Emergency Center Interlocal Agreement to include the City of Bishop. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute an Amendment to the Interlocal Cooperation Agreement with Nueces County and City of Bishop to include the City of Driscoll to consolidate its public safety dispatch center with MetroCom for the areas served by City of Driscoll. 1 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 3,A•_ AMENDMENT to Original Interlocal Cooperation Agreement between City of Corpus Christi & County of Nucces Updating City of Driscoll's Service Fee For Emergency Dispatch Center Services (Metro Com) This Interlocal Cooperation Agreement "(Agreement") is made by and between the City of Corpus Christi, Texas ("City"), a Texas home-rule municipal corporation, the County of Nueces ("County"), a political subdivision of the State of Texas,and the City of Driscoll, Texas ("Driscoll"), a Texas general law city, each acting herein by and through its duly authorized officials, effective for all purposes upon the execution by all parties. WHEREAS,the City and County have developed and jointly own an 800-mHz trunked radio communications system ("System")that provides for public safety radio communications within the jurisdictions of the two entities; WHEREAS, in 1993, the County commissioned a communications study, the results of which were known as "MetroCom," calling for the development of a single consolidated public safety answering point("PSAP") for all 9-1-1 emergency calls and dispatch functions within the areas served by the City and the County, with the potential for further consolidation of efforts to include other cities within Nueces County; WHEREAS, the City and the County are parties to an Interlocal Cooperation Agreement dated June 1, 2000 [the "Consolidated Emergency Dispatch Center (Metro Com)Agreement"] providing for the development and implementation of MetroCom; and WHEREAS, the City of Driscoll desires to continue participation and use MetroCom for all 9-1-1 emergency calls and law enforcement dispatch functions. NOW,THEREFORE,BE IT AGREED BY THE CITY OF CORPUS CHRISTI, THE COUNTY OF NUECES,AND THE CITY OF DRISCOLL("Parties"): ARTICLE 1: PURPOSE AND GOALS The purpose and goals of this Agreement shall be to provide cost effective and efficient emergency services for the citizens and community served by the parties through the use of a regional 9-1-1 emergency dispatching center staffed by trained professionals to operate the public safety answering point("PSAP"). Page 1 of 6 20230384-6121 ARTICLE 2: FUNCTIONS OF METROCOM FOR DRISCOLL MetroCom shall provide emergency communications dispatch services to Driscoll as outlined in the Agreement. Such communication services shall include: a. 9-1-1 emergency dispatch for fire units, EMS units, and call taking for law enforcement purposes only; b. Dispatch of responding units; c. Information services for field units; d. CMD dispatch and community alert functions; e. Serve as a point of local emergency service contact for State and Federal resources; and f. Other dispatching services as approved by operating procedures (SOP). ARTICLE 3: BACKGROUND SCREENINGS Driscoll is responsible to ensure that background screenings are conducted on all personnel with access to the Federal Bureau of Investigations ("FBI") Criminal Justice Information System ("CJIS") systems information. As directed by the FBI CJIS Security Policy: (1) State and national fingerprint-based record checks must be conducted within 30 days upon initial employment or assignment for all personnel having access to FBI CJIS systems information; (2) appropriate background investigations must be conducted on personnel with access to FBI CJIS Division's record information; and.(3) in cases where an applicant already has access from another law enforcement agency, temporary access may be granted prior to confirmation of the new identification check. If a record of any kind is found, access will not be granted or allowed by Driscoll until the Department of Public Safety can review the matter to decide if access is appropriate. ARTICLE 4: TLETS/NLETS and TCIC/NCIC CERTIFICATIONS Driscoll is responsible to ensure that its employees obtain and maintain current Texas and National Law Enforcement Telecommunications Systems ("TLETS" and "NLETS") and Texas and National Crime Information Centers ("TCIC" and "NCIC") certifications. Prior to disseminating any TCIC and NCIC information, Driscoll agrees to file the required certifications with the City so the City may verify that Driscoll's employees are eligible to obtain such information. The City and MetroCom will deny any request for TCIC and NCIC information from employees who are not certified or do not have current certifications on file. ARTICLE S: WARRANT FUNCTIONS Driscoll will be responsible for entering warrant information for its law enforcement agency as required by law. Agencies that enter records into NCICITCIC are responsible for the accuracy, timeliness, and completeness of the records. The City, County, and MetroCom will not assume the role or duty to enter and update warrant information for Driscoll and will not be responsible for the accuracy of such information. The warrant functions performed by Driscoll under this Agreement shall never shift to the City, County, and MetroCom. Page 2 of 6 ARTICLE 6: METROCOM OPERATING CENTER The MetroCom center will be administered by the City under the terms of an adopted set of Standard Operating Procedures (SOP) and budget. These SOPS are to be developed by the System Operations Committee and shall be approved by the MetroCom Board to be binding and effective. ARTICLE 7: SHARED OPERATIONAL COSTS The parties agree to jointly fund the operations of the MetroCom center. The MetroCom Board establishes a method of dividing operating expenses based upon the usage of the system by each of the entities, and the most efficient method to track and project usage is through the Computer Aided Dispatch("CAD") history files. Using the formula established the MetroCom Board, (Entity's calls for service (1,765)I MetroCom total calls for service (581,750)x MetroCom budget($8,334,173) =Entity's contribution) The City of Driscoll will contribute $25,285 this year. The formula established by the MetroCom Board will determine the City of Driscoll's contribution each year. Therefore, effective upon execution, twenty-five thousand two hundred and eighty-five ($25,285) dollars, will be allocated to and paid by Driscoll in advance for MetroCom dispatching services. Nothing contained in this Agreement precludes the addition of other PSAPs to the MetroCom center nor shall this Agreement preclude the allocations of cost to other administrations, jurisdictions, and program participants. ARTICLE 8: TERM AND TERMINATION This Agreement shall begin on the final date of execution by all parties for an initial term of one (1)year and automatically renew annually without further action by the parties. The City Manager, or his designee, is authorized to execute any and all subsequent renewals and amendments to this Agreement. This Agreement may be terminated at any time by any party upon ninety (90) days written notice to the other two parties. A violation of either Article 4 or Article 5 shall result in immediate termination of the Agreement. ARTICLE 9: PAYMENT AND CURRENT REVENUE Payment shall be made by Driscoll within thirty (30) days from receipt of the other party's.'City of Corpus Christi shall invoice City of Driscoll. Payment shall be made by Driscoll within thirty (30)days from Driscoll's receipt of invoice from City of Corpus Christi for expenses incurred in the performance of this Agreement. Driscoll shall remit payment directly to the City of Corpus Christi with the payment stub from the City of Corpus Christi 's invoice attached to Driscoll's check to the following address: City of Corpus Christi P. 0. Box. 9257 Page 3 of 6 Corpus Christi, Texas Any payment made by Driscoll for any of the services provided pursuant to this Agreement shall be made out of current revenues available to Driscoll as required by the Texas Interlocal Cooperation Act. ARTICLE 10: SEVERABILITY If any portion of this Agreement, or the application thereof to any person or circumstances, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction,the remainder of the Agreement shall not be affected thereby and shall continue to be enforceable in accordance with its terms. ARTICLE 11: NOTICES Notices allowed or required under this Agreement shall be addressed to and sent to the parties as indicated below, unless such address is changed by written notice to such effect, and any notice shall be effective when deposited in the U.S. mail, postage prepaid, certified,return receipt requested. CITY: City Manager 1201 Leopard Street Corpus Christi, TX 78401 with a copy to: Chief of Police Corpus Christi Police Department 321 John Sartain Corpus Christi, TX 78401 COUNTY: County Judge Nueces County Courthouse 901 Leopard Street, Room 303 Corpus Christi, TX 78401 BISHOP: Mayor and Chief of Police City of Driscoll 130 W. Ave. D Driscoll, TX 78351 ARTICLE 12: LAW AND VENUE All parties shall comply with all applicable federal, State, county and local laws, ordinances, rules, and regulations pertaining to this Agreement and each party's respective performance hereunder. This Agreement will be interpreted according to the Texas laws which govern the Page 4 of 6 interpretation of contracts. Venue for an action arising under this Agreement shall lie in Nueces County, Texas, and be in accordance with the Texas Rules of Civil Procedure. ARTICLE 13: ENTIRE AGREEMENT AND WRITTEN AMENDMENT This Agreement represents the entire agreement between the parties and may not be modified by any oral agreements or understandings. Any amendments must be made in writing and signed by all parties. No officer or employee of any of the parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the party. ARTICLE 14: ASSIGNMENT AND SUCCESSORS This Agreement shall be binding on and inure to the benefit of the parties to the Agreement and their respective successors and permitted assigns. This Agreement may not be assigned by any party without the written consent of all of the other parties. This Agreement does not create any personal liability on the part of any officer or agent of the City, County,Driscoll, or any of their respective officers, agents, or employees. ARTICLE 15: LIABILITY Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement, except that nothing in this Agreement shall constitute a waiver or limitation on any immunity, defense, or other protection afforded either party under State or federal law. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. ARTICLE 16: NON-WAIVER Failure of any party to this Agreement to insist on the strict performance of any of the conditions or agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. ARTICLE 17: NO WAIVER OF IMMUNITY No party to this Agreement waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. ARTICLE 18:NO THIRD PARTY BENEFIT This Agreement and all activities under this Agreement are solely for the benefit of the parties and not the benefit of any third party. ARTICLE 19: WARRANTY This Agreement has been officially authorized by the governing body of each party, and each signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. Page 5 of 6 ARTICLE 20: CONTINUATION OF PROVISIONS. This Agreement amends the existing Consolidated Emergency Dispatch Center Interlocal Agreement to.the extent necessary to continue service for the City of Driscoll. All other provisions of the Consolidated Emergency Dispatch Center Interlocal that do not conflict with this Agreement remain in full force and effect and are unchanged by this instrument, by the intention of the parties. EXECUTED in triplicate to be effective as of the last execution date set forth below: City of Corpus Christi: ATTEST: Approved as to form: Peter Zanoni Rebecca Huerta Adelita Cavada City Manager City Secretary Assistant City Attorney Date: Date: Date: County of Nueces: ATTEST: Approved as to form: Connie Scott a Sands �55� "&vo Jenn P. Dorsey ar County Judge County Clerk oe` °9 County Attorney 14 Date: 6 jq I/,Za3 Dat4"21-Y "t Date: aA City of Driscoll: ATTEST. Approved as to form: Mark Gonzalez Michael Morris Mayor City Secretary City Attorney Date: Date: Date: Page 6 of 6 20230384-6/21 so �o o� A PH v AGENDA MEMORANDUM µoRPORPg4 Action Item for the City Council Meeting of July 25, 2023 1852 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Mike Markle, Chief of Police mikema(a)-cctexas.com (361) 886-2603 Acceptance and appropriation of the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant Program for the Corpus Christi Police Department CAPTION: Ordinance authorizing the acceptance of a grant from the Bureau of Justice Assistance under the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant in the amount of$3,257.57 for partial reimbursement of the purchase of 20 additional pieces of body armor; and appropriating $3,257.57 in the Police Grants Fund. SUMMARY: Federal funding has been awarded through the Bureau of Justice Assistance for the partial reimbursement purchase of 20 additional pieces of body armor to equip Corpus Christi Police Officers. BACKGROUND AND FINDINGS: The Corpus Christi Police Department (CCPD) received $3,257.57 from the Bureau of Justice Assistance for the purchase of 20 additional pieces of body armor. The 20 additional pieces of body armor are rated Level II by the National Institute of Justice (NIJ). As defined by NIJ, Level II body armor will stop higher velocity rounds from both handguns and rifles. It is recommended that public safety officers wear Level II body armor for this reason. The original application was for 20 additional pieces of body armor to outfit the graduating academy which would have had a total cost of$16,000.00. However, the grant program has"small jurisdiction priority funding," which means that it prioritizes the awarding of grant funds to jurisdictions with less than 100,000 residents. If there are grant funds remaining after awarding grant funds to jurisdictions with less than 100,000 residents, additional awards are made to jurisdictions with 100,000 or more residents. For FY 2022, the amount being awarded to the City is $3,257.57, which will partially reimburse the Corpus Christi Police Department for the purchase of the 20 additional pieces of body armor. The matching requirement to fully fund the purchase of the 20 additional pieces of body armor is already budgeted in the FY 2023 General Fund. With the purchase of the 20 additional pieces of body armor, CCPD will have a total of 491 pieces of body armor. All CCPD sworn officers are issued their own individual piece of body armor. In order to continue supplying CCPD's sworn officers with their own individual pieces of body armor, for FY 2024, CCPD will budget for an additional 88 pieces of body armor. This will help to replace pieces of body armor that are no longer useful due to age or wear and tear and also for newly sworn officers graduating from the Police Academy. This is the eleventh time that the City has received this grant. The last time the City received this grant was in 2010. ALTERNATIVES: The alternative is to not accept the grant and not receive funding assistance. FISCAL IMPACT: The financial impact is the addition of $3,257.57 in the Police Grants Fund. The matching requirement to fully fund the purchase of the 20 additional pieces of body armor is already budgeted in the FY 2023 General Fund. Funding Detail Fund 1061 Organization/Activity: Police Grant Fund Mission Element: 29 Project # 820839F Account: 520090— Minor Tools & Equipment RECOMMENDATION: Staff recommends accepting the grant award and appropriating the funds, as presented. LIST OF SUPPORTING DOCUMENTS: Ordinance Ordinance authorizing acceptance of a grant in the amount of $3,257.57 from the Bureau of Justice Assistance under the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant for partial reimbursement of the purchase of body armor; and appropriating $3,257.57 in the Police Grants Fund. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept funding in the amount of $3,257.57 from the Bureau of Justice Assistance under the FY 2022 Patrick Leahy Bulletproof Vest Partnership Grant. SECTION 2. That $3,257.57 is appropriated in the No. 1061 Police Grants Fund for the partial reimbursement of the purchase of Level II body armor. 1 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 i $4,039.20 [BAYETOEWNECITY $18,665.00 ,X $8,000.00 TX BEDFORD TOWN $3,088.73 TX BELLAIRE CITY $1,406.00 TX BELLMEAD CITY $2,000.00 TX BELTON CITY $5,068.70 TX BENBROOK CITY $2,183.94 TX BEVERLY HILLS CITY $4,367.75 TX BIG SPRING CITY $5,151.83 TX BORGER CITY $5,954.00 TX IBOWIE COUNTY $2,901.57 TX I BRAZORIA COUNTY $4,160.00 TX IBRENHAM CITY $2,820.00 TX IBRIDGEPORT CITY $16,165.54 TX BRYAN CITY $985.00 TX BUDA CITY $8,300.00 TX BURNET COUNTY $2,347.80 TX BRIDGE CITY $4,440.00 TX CAMERON CITY $2,562.60 TX CANYON CITY $3,980.00 TX CEDAR HILL CITY $6,400.00 TX CEDAR PARK CITY $7,485.00 TX CLEBURNE CITY $14,837.21 TX COMAL COUNTY $18,702.00 TX CONROE CITY $8,000.00 TX CONROE IND SCH DIST 902 $8,347.00 TX CORINTH CITY $3,257.57 TX CORPUS CHRISTI CITY $3,575.00 TX CORSICANA CITY $1,719.82 TX CRANE COUNTY $4,274.96 TX CROWLEY CITY $2,025.00 TX CITY OF RED OAK $7,600.00 TX DAYTON CITY $1,801.50 TX DECATUR CITY $5,817.54 TX DEER PARK CITY $5,821.50 TX DEL RIO CITY $5,600.00 TX DENISON CITY $12,424.26 TX DESOTO CITY 04$12 .50 TX DICKINSON CITY .00 TX DUNCANVILLE CITY .57 TX DALLAS-FORT WORTH INTERNATIONAL AIRPORT BOARD .96 TX EAGLE LAKE CITY ,00 TX EARLY CITY 5.74 TX EDNA CITY 1.75TX LL CAMPO CITY3.62TX EL PASO COUNTY 0.00TX LL PASO IND SCH DIST 902 6.40TX ELLIS COUNTY0.00 TX ENNIS CITY Page 70 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of July 25, 2023 1852 Second Reading for the City Council Meeting of August 8, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health fauziak(o-)-cctexas.com 361-826-7202 Acceptance of the Texas Epidemiology Capacity Expansion Grant in the amount of$204,856.00, and appropriation of the funds for the contract period of September 1, 2023, through August 31, 2025 CAPTION: Ordinance authorizing acceptance and future amendments of the Texas Epidemiology Capacity Expansion Grant for $204,856.00 from the Texas Department of State Health Services (DSHS); appropriating $204,856.00 of grant funds to conduct surveillance and epidemiology activities for the period of September 1, 2023, through August 31, 2025; and authorizing one grant position. SUMMARY: The purpose of this Grant Agreement is to conduct surveillance and epidemiology activities for all notifiable conditions with an emphasis on certain conditions reported through the Texas National Electronic Disease Surveillance System (NEDSS). BACKGROUND AND FINDINGS: The purpose of this grant is to ensure all surveillance and epidemiology activities are being conducted under the DSHS Emerging and Acute Infectious Disease Unit (EAIDU). These activities are to be conducted through the epidemiologist(s) as specified in the approved budget. This includes but is not limited to, monitoring/reporting infectious disease outbreaks, attending any training as directed by the EAIDU, and cooperating with the DSHS during technical reviews and quality assurance visits. Personnel to be funded: • Epidemiologist • Position is currently filled History of the grant: • This grant is recurring and provided by DSHS pending approval of Council. Funding Source: • Texas Department of State Health Services • Budget: $204,856.00 • Length of Grant: September 1, 2023—August 31, 2025 • $194,958 for Salary & Fringe • $2,800.00 for Other • $3,748.00 for Supplies • $3,350.00 for Travel Counties impacted by the grant: • Nueces ALTERNATIVES: Refusing the grant will result in less staffing for surveillance and epidemiology activities for all notifiable conditions. 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: 830977S Mission Element: 15 Health Grants Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001315700015 Ordinance Ordinance authorizing acceptance and future amendments of the Texas Epidemiology Capacity Expansion Grant for $204,856.00 from the Texas Department of State Health Services (DSHS); and appropriating $204,856.00 of grant funds to conduct surveillance and epidemiology activities for the period of September 1, 2023 through August 31, 2025; and authorizing one grant position. WHEREAS, Texas Department of State Health Services Grant Agreement Contract No. HHS001315700015 (the "Contract") under the Texas Epidemiology Capacity Expansion Grant Program is for Corpus Christi-Nueces County Public Health District to conduct surveillance and epidemiology activities for all notifiable conditions with an emphasis on certain conditions reported through the Texas National Electronic Disease Surveillance System (NEDSS) in the State Fiscal Year (FY) 2024 and FY 2025. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant for $204,856.00 from the Texas Department of State Health Services for the contract period September 1 , 2023, through August 31 , 2025 to conduct surveillance and epidemiology activities for all notifiable conditions with an emphasis on certain conditions reported through the Texas National Electronic Disease Surveillance System (NEDSS). SECTION 2. Grant funds in the amount of $204,856.00 are appropriated in the Health Grants Fund No. 1066 to conduct surveillance and epidemiology activities for all notifiable conditions with an emphasis on certain conditions reported through the Texas National Electronic Disease Surveillance System (NEDSS). SECTION 3. 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 4. A copy of the executed health grant contract and amendments 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT,CONTRACT No.HHS001315700015 UNDER THE TEXAS EPIDEMIOLOGY CAPACITY EXPANSION GRANT PROGRAM The parties to this agreement("Grant Agreement"or"Contract") are the DEPARTMENT OF STATE HEALTH SERVICES ("System Agency" or "DSHS"), and CORPUS CHRISTI-NUECES COUNTY PUBLIC HEALTH DISTRICT(CITY)("Grantee"),having its principal office at 1201 Leopard Street, Corpus Christi, Texas (each a"Parry" and collectively the "Parties"). I. PURPOSE The purpose of this Grant Agreement is to conduct surveillance and epidemiology activities for all notifiable conditions with an emphasis on certain conditions reported through the Texas National Electronic Disease Surveillance System (NEDSS). II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to Chapter 791 of the Texas Government Code and Chapters 12, 81, 121, and 1001 of the Texas Health and Safety Code. III. DURATION This Grant Agreement is effective on September 1, 2023, or the date last signed below,whichever is later,and expires on August 31,2025,unless sooner terminated or renewed or extended. System Agency, at its sole discretion, may extend this Grant Agreement up to 2 additional years for a maximum term of 4 years. IV. STATEMENT OF WORK The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as ATTACHMENT A,STATEMENT OF WORK. V. BUDGET The total amount of this Grant Agreement will not exceed Two HUNDRED FOUR THOUSAND EIGHT HUNDRED FIFTY-Six DOLLARS($204,856.00). Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $0.00 Total State Funds: $204,856.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, CATEGORICAL BUDGET. There are no indirect costs. DSHS Contract No.HHS001315700015 Page 1 of 4 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 VI. REPORTING REQUIREMENTS Grantee shall submit to System Agency the following reports according to the format, frequency, and due dates stated in ATTACHMENT A,STATEMENT OF WORK: A. Grantee shall submit a monthly cluster and outbreak report including information on investigation findings. B. Grantee shall request payments monthly using the State of Texas Purchase Voucher(Form 13- 13). C. Grantee shall submit the Financial Status Report(FSR-269A)twice per state fiscal year. D. Grantee shall submit the Property Inventory Report(GC-11) annually. 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 Grantee Caeli Paradise, Contract Manager Dante Gonzalez Department of State Health Services Corpus Christi-Nueces County Public P.O. Box 149347, Mail Code 1990 Health District Austin, Texas 78714-9347 1201 Leopard Street caeli.paradise2dshs.texas.gov Corpus Christi, Texas 78401 danteggcctexas.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 With copy to: Department of State Health Services Attn: Office of General Counsel 1100 W. 49th Street,Mail Code 1919 DSHS Contract No.HHS001315700015 Page 2 of 4 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 Austin, Texas 78756 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. Legal Notices to System Agency must not be sent by email. 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. CONTRACT DOCUMENTS The following documents are incorporated by reference and made a part of this Grant Agreement for all purposes. ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—CATEGORICAL BUDGET ATTACHMENT C—CONTRACT AFFIRMATIONS VERSION 2.2 ATTACHMENT D—UNIFORM TERMS AND CONDITIONS—GRANT VERSION 3.2 ATTACHMENT E—DATA USE AGREEMENT(DUA)TACCHO VERSION ATTACHMENT F—ADDITIONAL PROVISIONS 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. X. 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 DSHS Contract No.HHS001315700015 Page 3 of 4 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 SIGNATURE PAGE FOR DSHS GRANT AGREEMENT CONTRACT No.HHS001315700015 DEPARTMENT OF STATE HEALTH CORPUS CHRISTI-NUECES COUNTY SERVICES PUBLIC HEALTH DISTRICT(CITY) Signature Signature Printed Name: Printed Name: Title: Title: Date of Signature: Date of Signature: DSHS Contract No.HHS001315700015 Page 4 of 4 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 ATTACHMENT A STATEMENT OF WORK L GRANTEE RESPONSIBILITIES A. Grantee shall perform surveillance and epidemiology activities for all notifiable conditions under the responsibility of the DSHS Emerging and Acute Infectious Disease Unit (EAIDU). Activities must be performed and managed using the NEDSS. Grantee shall coordinate with DSHS units EAIDU and the Public Health Informatics & Data Unit (PHIDU) as applicable, throughout the duration of the Contract. B. Grantee shall adhere to the current EAIDU guidance when conducting surveillance and epidemiology activities including, but not limited to: 1. The Emerging and Acute Infectious Disease Guidelines (EAIDG) currently located at: https://www.dshs.texas._og v/idps-home/infectious-disease- preventi on-health-practi oner-guidance-trainin g 2. The NEDSS Data Entry Guide and Program Areas in NBS Reportable Diseases (lists notifiable conditions) currently located at: txnedss.dshs.state.tx.us - /login/PHINDox/UserResources/; and 3. The Edi Case Criteria Guide currently located at: https://www.dshs.texas._og v/idps-home/infectious-disease-prevention-health- practioner-guidance-training C. Grantee shall use NEDSS, the official Texas disease surveillance system as the primary surveillance system. D. Any Grantee seeking to build a standalone disease surveillance system in addition to NEDSS must comply with Article II, Standalone Surveillance System Requirements,prior to development and implementation of the system. E. Grantee shall conduct timely monitoring and management of incoming infectious disease laboratory reports and electronic case reports. Grantee shall ensure all laboratory reports not received electronically shall be manually entered into NEDSS by the Grantee. Grantee shall ensure all laboratory reports, including ELR, are associated or linked to an investigation in NEDSS. Additionally, Grantee shall resolve any rejected case investigations in NEDSS. F. Grantee shall notify the PHIDU of all Clinical Laboratory Improvement Amendments (CLIA) certified laboratories in the Grantee's jurisdiction that are processing infectious disease laboratory reports by mail or fax. Throughout the Contract term, Grantee shall notify PHIDU within 5 business days of being aware of any changes to this information. DSHS Contract No.HHS001315700015 Page 1 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 G. Grantee shall ensure laboratories are contacted one hundred percent(100%) of the time regarding the submission of required specimen isolate for notifiable conditions reportable through NEDSS and use established procedures to document the outcome by contacting the laboratory. Grantee shall verify that specimen isolate or those related to outbreak investigations have or will be submitted for confirmatory or molecular testing to the DSHS Laboratory or to another public health laboratory as designated by DSHS and previously approved by the EAIDU (i.e., for a list of these notifiable conditions, see footnote no. 3 of the Texas Notifiable Disease Conditions document accessed at https://www.dshs.texas.gov/IDCU/investigation/Notifiable-Conditions.aspx). H. Grantee shall ensure Grantee's epidemiologist(s) funded under this Contract: 1. Conducts case and outbreak investigations on notifiable conditions reported through NEDSS; 2. Provides technical assistance and guidance to other Grantee staff (e.g., communicable disease nurses) who are conducting case and outbreak investigations,responding to disease reports,implementing measures to prevent further spread of disease, or coordinating prophylactic measures where appropriate; and 3. Assesses the quality of surveillance data,perform analyses on surveillance data, and prepare situational updates on outbreaks. L For the following specific conditions, Grantee shall conduct epidemiology and surveillance activities stated for each condition. DSHS will monitor the level of performance of the Grantee using information from NEDSS and EAIDU. A report will be sent to the Grantee quarterly. 1. For the notifiable condition Salmonellosis Clusters, Grantee shall attempt to complete questionnaires related to outbreaks and notifiable conditions by making a documented effort to contact the patient by phone at least three (3) times, on different days, during normal business hours (8:00 a.m.—5:00 p.m.). If these attempts fail, Grantee must make an effort to contact the patient at least one additional(1)time after normal business hours. Questionnaire where efforts to contact the patient is unsuccessful is considered "lost to follow-up" and is not considered a completed questionnaire. The EAIDU may, at its sole discretion, require the Grantee to conduct additional activities to improve performance. 2. For notifiable conditions listed in Table 1, Grantee shall attempt to complete one hundred percent (100%) of questionnaires requested by the EAIDU. Grantee shall complete at least seventy-five percent (75%) of questionnaires related to all pertinent case and outbreak investigations within five (5)business days after the date requested by the EAIDU. Completed questionnaires include those in which the patient is contacted but refuses to answer a portion of the entire questionnaire. Questionnaires for which no contact is made with the patient do not constitute a completed interview. The EAIDU may, at its sole DSHS Contract No.HHS001315 700015 Page 2 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 discretion, require the Grantee to conduct additional activities to improve the percentage. Table 1: Listeriosis Shiga toxin-producing Escherichia coli STEL Clusters Salmonellosis Clusters 3. For notifiable conditions listed in Table 2, Grantee shall submit completed questionnaires related to notifiable conditions and cluster investigations to EAIDU through a secure electronic method to the designated EAIDU epidemiologist. Grantee shall submit completed questionnaires no later than one (1) business day after completion of interview to Foodbornetexas2dshs.texas.gov for the foodborne conditions and to Flutexasgdshs.texas.gov for Influenza A novel or variant. If submitting questionnaires by fax, Grantee shall submit to fax number(512) 776-7616. The EAIDU may, at its sole discretion, require Grantee to conduct additional activities to improve performance. Table 2: Cholera Influenza A novel or variant Listeriosis Novel coronavirus Salmonellosis Clusters Shiga toxin-producing Escherichia coli (STEC) Clusters Vibrio parahaemolyticus Vibrio vulnificus infection Vibriosis other or unspecified 4. For the notifiable conditions listed in Table 3, Grantee shall investigate and document, through NEDSS, at least ninety percent (90%) of confirmed and probable notifiable conditions correctly and completely within thirty (30) days of initial report. The EAIDU may, at its sole discretion, require Grantee to conduct additional activities to improve the percentage. Table 3: Amebic meningitis/encephalitis, other Amebic meningoencephalitis,primary PAM Botulism foodborne Botulism, infant Botulism other/unspecified Botulism wound Campylobacteriosis Candida auris Carbapenem-resistant Enterobacteriaceae Cholera CRE Cryptosporidiosis Cyclosporiasis Ebola hemorrhagic fever Hemolytic uremic syndrome post iarrheal Hepatitis E acute Influenza A novel or variant Influenza-associated pediatric mortality ILegionellosis Listeriosis Novel coronavirus DSHS Contract No.HHS001315 700015 Page 3 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 Salmonella Paratyphi Salmonella Typhi Salmonellosis, non-Paratyphi/non-Typhi Shiga toxin-producing Escherichia coli STEL Shigellosis Vancomycin-intermediate Staphylococcus aureus (VISA) Vancomycin-resistant Staphylococcus Vibrio parahaemolyticus aureus coagulase-positive (VRSA) Vibrio vulnificus infection Vibriosis other or unspecified Yersiniosis 5. Grantee shall investigate and document, through NEDSS, at least seventy-five percent(75%)of risk behavior and exposure information on case investigations selected by DSHS Epidemiologists. This applies to the notifiable condition Hepatitis B, acute. The EAIDU may, at its sole discretion, require Grantee to conduct additional activities to improve the percentage. 6. Grantee shall respond to each quarterly report provided by the EAIDU on the level performance for Sections (I)(1)-(5) of Article I. Responses are due twenty (20) business days from the date the quarterly report was sent to Grantee. Responses must be submitted by electronic mail to EAIDBcontracts(2dshs.texas. og_v. 7. In the event that a large-scale emergency or public health outbreak occurs and Grantee expects that Grantee will be unable to meet the required level of performance under the Contract, Grantee shall promptly notify EAIDU in writing prior to the end of the quarterly period. EAIDU will review the information provided by Grantee in order to determine whether waiver of corrective actions or additional measures to improve performance is appropriate. J. Grantee shall maintain open communication with other local health departments, regional health departments, or the EAIDU as necessary to ensure investigations are conducted efficiently and expeditiously. K. Grantee shall follow the Grantee-established process for notifying another public health entity when a confirmed or suspected case or an exposed contact resides in that public health entity's jurisdiction. Initial notification must be within one (1) business day from Grantee discovering that a case or exposed contact resides in another jurisdiction. L. Grantee shall ensure the respective regional health department and the EAIDU are informed of certain suspected cases, confirmed cases, and outbreaks. Grantee shall ensure the regional health department and the EAIDU are continually informed of developments for the duration of those investigations. M. Grantee shall educate,inform, and train the medical community and local providers on the importance of reporting notifiable conditions within Grantee's jurisdiction. Grantee shall ensure that providers collecting and shipping specimens for testing DSHS Contract No.HHS001315700015 Page 4 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 conducted by the DSHS Laboratory adhere to collecting and shipping guidance in the Emerging and Acute Infectious Disease Guidelines. N. Grantee shall present local training on epidemiology and surveillance related rules and regulations as requested. Grantee shall conduct local level data analysis and utilize recent data findings to target and share recommendations and best practices for preventing disease spread. O. Grantee shall participate in outbreak or cluster-related conference calls and responses relevant to the Grantee's jurisdiction as directed by DSHS. P. Grantee shall participate in conference calls, scheduled by the EAIDU. During these calls, EAIDU will provide information regarding the scope of the work, progress reports, or provide any other necessary communications. Q. Grantee shall cooperate with DSHS during any technical reviews and quality assurance visits conducted by DSHS, including providing any documentation or information as requested by DSHS. R. Grantee shall provide epidemiology surge capacity to surrounding jurisdictions in the event of a major statewide or regional outbreak or disaster, as directed by DSHS. S. Grantee shall retain epidemiologist(s), as specified in the approved budget, dedicated to conducting infectious disease surveillance and epidemiology activities. The epidemiologist(s) must have a Master of Public Health (MPH) or equivalent degree, or at least two years working experience as an epidemiologist performing infectious disease epidemiology and surveillance activities. T. Grantee shall require its staff to attend training, conferences, and meetings, as directed by the EAIDU. Grantee's epidemiologist(s) funded under this Contract will be required to attend in-person or virtually (if offered) the workshop and training listed below. Should additional funding become available, other DSHS- sponsored training,workshops,and conferences may be attended with prior EAIDU approval. 1. The annual Epidemiology and Laboratory Capacity (ELC) Workshop conducted by the EAIDU or another EAIDU-approved substitute training. 2. The DSHS NEDSS training, including certification, to be completed within sixty (60) days of work start date (if not already a certified NEDSS user). U. Grantee shall obtain prior written approval from the EAIDU of any redirection of duties for epidemiologist(s) funded by this Contract. V. Grantee shall notify the EAIDU within forty-eight (48) hours from Grantee becoming aware of any personnel actions, including the details and outcome of such actions, involving any staff funded under this Contract. Grantee shall submit DSHS Contract No.HHS001315 700015 Page 5 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 a written report to the EAIDU within seventy-two(72)hours from becoming aware of the personnel actions. Personnel actions include issues that develop regarding violations of the project, state, and federal policies, procedures, requirements, and laws. W. Grantee and any individual performing work under this Contract on behalf of Grantee shall comply with the Attachment E, Data Use Agreement (DUA) TACCHO Version, to the Contract. To the extent there is a conflict between the DUA and any other document, the DUA controls. X. Grantee shall also comply with the following Texas rules and statues related to infectious disease, data confidentiality and security: 1. Title 25 Texas Administrative Code (TAC) Section 97.10, currently located at: https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=R&aPp=9&p_dir= &p rloc=&p tloc=&p p1oc=&per=1&p tac=&ti=25&pt=1&ch=97&r1=10; and 2. Section 81.046 of the Texas Health and Safety Code, currently located at: hLtps://statutes.ciipitol.texas.gov/Docs/HS/htm/HS.8l.htm. Y. Grantee shall require individuals performing work under this Contract to successfully complete training in confidentiality, privacy, security, and reporting thirty (30) business days from the work start date and annually thereafter or as otherwise required by DSHS. For DSHS Confidential Information to be disclosed or accessed by any individual, Grantee shall comply with the DUA training requirements prior to the information being disclosed or accessed. Z. Grantee shall notify PHIDU within forty-eight (48) hours of any staffing change having access to NEDSS(e.g.,when employee resigns or moves to another program or department within the Grantee's organization). Grantee must contact NEDSS2dshs.texas.gov to report: 1. Name and email address of staff leaving and the effective date to revoke NEDSS access; and 2. Name and email address of staff moving to new position and the effective date to implement the NEDSS change in program area module access. AA.Grantee shall monitor for any Event or Breach of Confidential Information. Grantee shall notify the EAIDU within two (2) business days of the initial notification as required by the DUA. BB. Grantee shall use established communication procedures that comply with applicable state and federal laws and rules when relaying patient documentation for jurisdictions outside of Texas regarding patients that live in that jurisdiction. DSHS Contract No.HHS001315 700015 Page 6 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 CC.Grantee shall coordinate with the appropriate EAIDU staff member when an investigation in the Grantee jurisdiction extends outside of Texas and is considered high profile (e.g., involvement of the DSHS Commissioner). DD.Monthly Report: Grantee shall submit a monthly report that lists all reported clusters and outbreaks and provides information on investigation findings on the tracking sheet provided by the EAIDU. Monthly reports are due on or before the fifteenth(15')of each month,covering activities that occurred during the preceding calendar month. Grantee shall submit monthly reports by email to EAIDBcontracts2dshs.texas.gov. Each report must contain the Contract Number, Grantee's Name, Program ID (IDPS/SUR), and the month the report covers. Grantee shall submit the monthly report even if no activities were conducted during the reporting period. This monthly outbreak report does not replace or waive the requirement to submit the specific disease outbreak summaries, referenced in the EAIDG, that must be submitted at the conclusion of the outbreak investigation to the specific teams in the EAIDU. EE. Success Story Report: Grantee shall provide a written report, when requested by the EAIDU, detailing at least three (3) success stories relating to disease investigations or epidemiological work conducted by Grantee staff funded under this Contract. FF.Vacancy Report: Grantee shall complete a Vacancy Report whenever an epidemiologist position funded under this Contract becomes vacant and update the Vacancy Report when the vacancy is filled. Within five (5) business days of the vacancy occurring and when the vacancy is filled, the Vacancy Report must be submitted by email to EAIDBcontracts2dshs.texas.gov. If Grantee has vacant position(s) existing for more than sixty(60) consecutive days,then System Agency may reduce Grantee's budget. GG. Grantee shall maintain an inventory of equipment, supplies, and real property. Grantee shall submit an annual cumulative report on DSHS Grantee's Property Inventory Report to the DSHS Contract Representative and FSOequipgdshs.texas.gov by email not later than October 15 of each year. Controlled Assets include firearms, regardless of the acquisition cost, and the following assets with an acquisition cost of $500.00 or more, but less than $5,000.00: 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 do not include a capitalized asset, real property, an improvement to real property, or infrastructure. HH.DSHS-approved budget may be revised by Grantee in accordance with the following requirements: DSHS Contract No.HHS001315 700015 Page 7 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 1. For any transfer between budget categories, Grantee shall provide notification of transfer between budget categories by submission of a revised Categorical Budget Form to the DSHS Contract Representative, highlighting the areas affected by the budget transfer and written justification for the transfer request. After DSHS review,the designated DSHS Contract Representative will provide notification of acceptance or rejection to Grantee by email. 2. For transfer of funds between direct budget categories, other than the `Equipment' and `Indirect Cost' categories, for less than or equal to cumulative twenty-five (25) percent of the total value of the respective Contract budget period, Grantee shall submit timely written notification to DSHS Contract Representative using the Revised Budget Form and request DSHS approval. If approved, DSHS Contract Representative will provide notification of acceptance to Grantee by email, upon receipt of which, the revised budget will be incorporated into the Contract. 3. For transfer of funds between direct budget categories, other than the `Equipment' and `Indirect Cost' categories, that cumulatively exceeds twenty- five (25) percent of the total value of the respective Contract budget period, Grantee shall submit timely written notification to DSHS Contract Representative using the Revised Budget Form and request DSHS approval. If the revision is approved, the budget revision is not authorized and the funds cannot be utilized until an amendment is executed by the Parties. 4. Any transfer between budget categories that includes `Equipment' and/or `Indirect Costs' categories must be incorporated by amendment. Grantee shall submit timely written notification to DSHS Contract Representative using the Revised Budget Form and request DSHS approval. If the revision is approved, the budget revision is not authorized and the funds cannot be utilized until an amendment is executed by the Parties. IL Grantee shall not use funds allocated under this Contract to purchase buildings or real property without prior written approval from DSHS. Also, any costs related to the acquisition of buildings or real property are not allowable without DSHS written pre-approval. JJ. At the expiration or termination of this Contract for any reason, title to any remaining equipment and supplies purchased with funds under this Contract will revert to DSHS. Title may be transferred to any other parry as designated by DSHS. DSHS may, at its option and to the extent allowed by law,transfer the reversionary interest to such property to Grantee. For any real property, Grantee shall dispose of the property in accordance with instructions provided by DSHS. IL STANDALONE SURVEILLANCE SYSTEM REQUIREMENTS A. Prior to developing and implementing a standalone surveillance system, Grantee shall submit a written formal proposal to DSHS requesting to utilize a standalone surveillance system and obtain DSHS approval in writing. The formal proposal must include the following details: DSHS Contract No.HHS001315700015 Page 8 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 1. Description of new system proposed; 2. Name of Vendor selected; 3. Timeline; 4. Roles and responsibilities of parties involved in build; 5. Estimated cost to build and maintain standalone system; 6. Funding sources for standalone system and plan to maintain those funding sources in the future; 7. A plan for secure transfer of labs/case investigations determined to belong to other jurisdiction(s); 8. Description of any impacts to public health partners; 9. A plan to input data into NEDSS until standalone surveillance system written condition-specific approval is received from DSHS; and 10. A plan to submit data to NEDSS after the standalone system is implemented. B. If standalone surveillance system is approved by DSHS, Grantee shall perform and manage activities for conditions covered by the written approval in accordance with the following: 1. Grantee shall be able to transmit valid completed case investigations for approved onboarded conditions to DSHS daily; 2. Grantee shall also resolve any rejected case investigations submitted via an approved public health document container(PHDC) format in NEDSS; 3. Grantee shall successfully implement updates to approved condition mapping guides when case definitions and criteria are changed by CDC/CSTE and in accordance with timelines agreed upon with DSHS; 4. Grantee shall be responsible for timely data entry of case investigations into NEDSS for all non-approved conditions. DSHS staff will not perform data entry into NEDSS for Grantee; 5. DSHS retains the right to rescind approval provided to Grantee for continued performance issues; 6. Grantee shall maintain subject matter and technical experts capable of maintaining information systems, including, but not limited to, updating the system(s)to comply with any updated standards; 7. Grantee shall notify the DSHS technical contact regarding any system downtime resulting from system failure or maintenance that would result in Grantee being unable to receive and/or report data, outside of regularly scheduled maintenance periods. The notification must include any necessary remediation actions to ensure data is reported to DSHS in the timeframes outlined in the Texas Notifiable Disease Conditions List located at the following: haps://www.dshs.texas.gov/IDCU/investigation/Notifiable- Conditions.aspx.; 8. Grantee shall work with DSHS to test, review, and obtain approval prior to implementing their standalone surveillance system and pushing data and case investigations into production; 9. Grantee shall comply with any other requirements or change in requirements as determined by DSHS; DSHS Contract No.HHS001315 700015 Page 9 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 10. Grantee is responsible for all costs incurred by Grantee to implement, test, and maintain its local information system, maintain standards, and perform interoperability functions; and 11. Grantee is responsible for all costs incurred by Grantee to update its local information system in order to maintain and comply with data standards required to perform interoperability functions. C. Once approved by DSHS to utilize a standalone surveillance system, Grantee shall comply with the following system-related requirements: 1. The system must be able to utilize secure, standards-based electronic data exchange for transactions to DSHS; 2. The system must utilize and comply with the data format and transmission standards as provided and determined by DSHS; 3. Information systems must be updated to comply with any changes to standards, as determined by DSHS within thirty (30) calendar days of notification of standards' change,unless a different implementation window is agreed upon by DSHS and Grantee; 4. In the event the Grantee cannot successfully implement required changes, Grantee must make alternate arrangements to ensure required data is provided to DSHS in expected timeframes; 5. Any deduplication of data must be conducted as appropriate to avoid multiple submissions of same data to DSHS; 6. Notifications of any data, transmission, or other errors that may impact data quality or timeliness must be sent to DSHS; 7. Points of technical contact, including name, title, email, email address, and phone number must be provided to DSHS, and updated as appropriate; and 8. Grantee shall participate in any meetings related to reportable condition data exchange, as requested and determined by DSHS. IILPERFORMANCE MEASURES DSHS will monitor the Grantee's performance of the requirements in this Statement of Work and compliance with the Contract terms and conditions. Grantee shall follow corrective action plans issued by the DSHS for any performance needing improvement. Failure to meet the requirements of this contract will require technical assistance ("TA") from DSHS. If issue(s) continues after TA is provided and cannot be resolved on the part of the Grantee, then DSHS may reduce Grantee's budget for the remainder of the Contract term. IILINVOICE AND PAYMENT A. Grantee shall submit to DSHS a monthly detailed and accurate invoice describing the services performed in completion of the responsibilities outlined in this Statement of Work. Invoices and supporting documentation must be submitted to DSHS in accordance with Table 4, Invoice Submission Schedule. DSHS Contract No.HHS001315 700015 Page 10 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 B. Grantee shall request payments monthly using the State of Texas Purchase Voucher (Form B-13). Invoices and supporting documentation must be submitted monthly to prevent delays in subsequent months. Grantees that do not incur expenses within a month are required to submit a"zero dollar"invoice on a monthly basis. Grantee must submit a final close-out invoice. Invoices received more than forty-five (45) days after each fiscal year are subject to denial of payment. Invoices and all supporting documentation must be submitted by mail, fax, or email. 1. If by mail, Grantee shall submit to: Department of State Health Services Claims Processing Unit P.O. Box 149347 Austin, TX 78714-9347 2. If by fax, Grantee shall submit to (512) 458-7442. 3. If by email, Grantee shall submit to invoices2dshs.texas.gov and crosinvoices(2dshs.texas.gov. Failure to submit required information may result in delay of payment or return of invoice. Billing invoices must be legible. Illegible or incomplete invoices which cannot be verified will be disallowed for payment. Table 4: Invoice Submission Schedule Period Covered Due Date September 1st through September 30th October 31st October 1st through October 31st November 30t" November 1st throu h November 30th December 31st December 1st through December 31st January 31st January 1st through January 31st ebruary 28th or February 29th in leap year) February 1st through February 28th March 31st March 1st through March 31st Aril 30th A ril 1st through April 30th May 31st May 1st through May 31st June 30th June 1st through June 30th July 31st July 1 st through July 31 st August 31st August 1st through August 31st September 30th Final Close-out Invoice Due Date August 1st through August 31st October 15th C. Grantee shall submit the Financial Status Report(FSR-269A) twice per fiscal year (located at: htt 2s://www.dshs.texas.gov/sites/default/files/hivstd/contractor/prey/269- FSR.xlsx) as outlined in Table 5, FSR Submission Schedule. Grantee shall email the FSR-269A to the following email addresses: FSRgrants2dshs.texas.gov and crosinvoicesgdshs.texas._og_v. Grantee shall submit the final financial status report no later than 45 days following the end of each fiscal year. Table 5: FSR Submission Schedule DSHS Contract No.HHS001315 700015 Page 11 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 Period Covered Due Date September 1st through February 28th March 31st March 1"through August 31" August 31st Final Financial Status Report March 1st through August 31st October 15th D. Grantee will be paid on a cost-reimbursement basis and in accordance with the budget for the corresponding year under this Contract. DSHS Contract No.HHS001315 700015 Page 12 of 12 Attachment A DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 ATTACHMENT B CATEGORICAL BUDGET Budget Period: Budget Period: Categorical Budget Contract Effective September 1,2024 Total Contract Date To To Amount August 31,2024 August 31,2025 Personnel $77,983.00 $77,983.00 $155,966.00 Fringe Benefits $19,496.00 $19,496.00 $38,992.00 Travel $1,675.00 $1,675.00 $3,350.00 Equipment $0.00 $0.00 $0.00 Supplies $1,874.00 $1,874.00 $3,748.00 Contractual $0.00 $0.00 $0.00 Other $1,400.00 $1,400.00 $2,800.00 Total Direct Charges $102,428.00 $102,428.00 $204,856.00 Indirect Charges $0.00 $0.00 $0.00 Total $102,428.00 $102,428.00 $204,856.00 DSHS Contract No.HHS001315700015 Page 1 of 1 Attaclunent B DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 HEALTH AND HUMAN SERVICES Contract Number HHS001315700015 Attachment C 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 1 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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(SANT) 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 9 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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: (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.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') 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. Signature of Authorized Representative Date Signed Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name Physical Street Address City, State,Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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.............................................. 15 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...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 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............................................................... 22 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 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 ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 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 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 Prope . 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.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 "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.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 B. "Overpayments" as used in this Section include payments (i) made by the System 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 threshold amount includes federal funds passed through by way of state agency awards. 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 https://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, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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. HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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, 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: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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 OR 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 use the Texas Abuse Hotline Website located at https:///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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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; 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, HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. 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 extent possible. 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 HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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: hllps://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil//hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-offi ce/civi 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 Office of Data, Analytics, and Performance. 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 • 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 other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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. (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 Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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 Breach demonstrating whether 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 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; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 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; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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 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 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 (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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 All) prior to performing any work on behalf of any Texas HHS agency. For any questions answered "No" (except Aga and All),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: Corpus Christi-Nueces County Public Health Dis Legal Entity Tax Identification Number (TIN) (Last Four Numbers Only): 574 Procurement/Contract#: HHS001315700015 Address: 1702 Horne Rd City: Corpus Christi State:Texas ZIP: 78414 Telephone #: (361) 826-7200 Email Address: 3. Number of Employees, at all locations, in Total Employees: 70 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: 0 (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: Jesus Hernandez (Privacy and Security Official may be the same person.) Address: 1201 Leopard St City: Corpus Christi State: TX ZIP: 78401 Telephone #: (361) 826-3748 Email Address:jesush6@cctexas B. Privacy Official: Legal Name: Jesus Hernandez Address: 1201 Leopard St City: Corpus Christi State: TX ZIP: 78401 Telephone #: (361) 826-3748 Email Address: jesush6@cctexas 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 b. Type(s) of Texas HHS Confidential Information the HIPAA CJIS IRS FTI CMS SSA PII Applicant/Bidder will create, receive, maintain,use, 11 ❑ ❑ ❑ 11 disclose or have access to: (Check all that apply) Other (Please List) •Health Insurance Portability and Accountability 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, 2 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 0 devices and mobile drives. b. Servers. Number of Servers that are not in a data center or using Cloud Services. 0 c. Cloud Services. Number of Cloud Services in use. 0 d. Data Centers. Number of Data Centers in use. 2 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 CD 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 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? ) 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 (�) 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 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 (�)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 QYes 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 Yes 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 () 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 0 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 ) 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 j. Does Applicant/Bidder have current written privacy and security policies and a 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 )Yes 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 a Yes that require cooperation with Texas HHS agencies' or federal regulatory inspections, O 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 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 (�)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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder have Privacy Safeguards to protect Texas HHS Confidential )Yes 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 )Yes 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 )Yes 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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, 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 )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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 5. Does each member of Applicant/Bidder's Workforce who will use, disclose, create, receive, Yes 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 O 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 Yes 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 )Yes 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 )Yes 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 10. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential Yes 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 )Yes 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 Yes 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 )Yes 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 15. Does Applicant/Bidder keep current on security updates/patches (including firmware, Yes 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 )Yes 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 Yes 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 a 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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:1:1 DSHS:El Infectious Disease Prevention Services Legal Entity Tax Identification Number(TIN) (Last four Only): PO/Contract(s) #: 5 7 4 1 HHS001315700015 Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Caeli Paradise caeli.paradise@dshs.texas.gov (512) 776-3767 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:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 TEXAS Health and Human Services Health and Human Services (HHS) Additional Provisions — Grant Funding Version 1.0 Effective: February 2021 DSHS Contract No. HHS001315700015 Page 1 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 TABLE OF CONTENTS 1. DISASTER SERVICES .........................................................................................................3 2. NOTICE OF A LICENSE ACTION.....................................................................................3 3. CONSENT TO MEDICAL,DENTAL,PSYCHOLOGICAL,AND SURGICAL TREATMENT OF A CHILD................................................................................................3 4. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY......................................................................................................................3 5. THIRD PARTY PAYORS.....................................................................................................4 6. HIV/AIDS MODEL WORKPLACE GUIDELINES ..........................................................4 7. MEDICAL RECORDS RETENTION.................................................................................. 5 8. INTERIM EXTENSION AMENDMENT............................................................................ 5 9. PROJECT COMMENCEMENT.......................................................................................... 5 10. DUPLICATION OF FUNDING............................................................................................ 5 11. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS...................... 5 12. NOTICE OF GRANT AGREEMENT ACTION ................................................................ 6 13. NOTICE OF BANKRUPTCY............................................................................................... 6 14. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL................... 6 15. NOTICE OF INSOLVENCY,INCAPACITY, OR OUTSTANDING UNPAID OBLIGATIONS...................................................................................................................... 6 16. CONTRACTOR'S CERTIFICATION OF MEETING OR EXCEEDING TABACCO- FREE WORKPLACE POLICY MINIMUM STANDARDS........................................................6 DSHS Contract No.HHS001315700015 Page 2 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Grant Agreement. Capitalized items used in these Additional Provisions and not otherwise defined have the meanings assigned to them in HHSC Uniform Terms and Conditions, Attachment D. 1. 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. 2. NOTICE OF A LICENSE EMICTION Grantee shall notify the assigned System Agency contract manager in writing of any action impacting Grantee's license to provide services under this Grant Agreement within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Date of the license action; and iv. License or case reference number. 3. CONSENT TO MEDICAL,DENTAL,PSYCHOLOGICAL,AND SURGICAL TREATMENT OF A CHILD Unless a federal law applies, before a Grantee or its subcontractor can provide medical, dental, psychological or surgical treatment to a minor without parental consent, informed consent must be obtained as required by Texas Family Code Chapter 32. 4. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee shall take reasonable steps to provide services and information both orally and in DSHS Contract No.HHS001315700015 Page 3 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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. Meaningful access may entail providing language assistance services, including oral interpretation and written translation, if necessary. More information can be found at https://www.lep.gov/. 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. 5. THIRD PARTY PAYORS A. Except as provided in this Grant Agreement, 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. B. As applicable, the Grantee shall: i. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Grant Agreement that may be covered by those programs and bill those programs for the covered services; ii. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; iii. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third parry payor, to receive services and bill the System Agency for the deductible; iv. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third party payors have been exhausted; v. Maintain appropriate documentation from the third party payor reflecting attempts to obtain reimbursement; vi. Bill all third parry payors for services provided under this Grant Agreement before submitting any request for reimbursement to System Agency; and vii. Provide third party billing functions at no cost to the client. 6. HIV/AIDS MODEL WORKPLACE GUIDELINES A. Grantee shall implement DSHS's HIV-STD Policy No. 090.021, HIV/AIDS Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, accessible at http://www.dshs.state.tx.us/hivstd/policy/Tolicies.shtm. B. 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. DSHS Contract No.HHS001315700015 Page 4 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 7. 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. 8. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Grant Agreement,the Parties agree that this Grant Agreement 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 Grant Agreement. E. An interim extension under subsection (B)(i) of this section shall extend the term of the Grant Agreement 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 subsection(B)(i)of this section shall be a one-time extension for a period of time determined by the System Agency. 9. PROJECT COMMENCEMENT The Grantee shall begin the grant-funded project on September 1, 2023, unless otherwise approved by System Agency. If project commencement is delayed, the Grantee must submit in writing to the assigned contract manager,the steps taken to initiate the project,the reasons for the delay, and the expected start date. System Agency may require Grantee to take immediate remedial or corrective action in response to any delay. 10. DUPLICATION OF FUNDING If Grantee receives any funding that is duplicative of funding received under this Grant Agreement that cannot be used for new or expanded eligible grant activities, Grantee will notify the assigned contract manager as soon as possible. System Agency may issue an amendment modifying budget and/or project activities to eliminate duplication.Additionally, Grantee understands that duplicative funding that cannot be re-programmed to support new or expanded grant-funded activities within the program's scope may be de-obligated from this Grant Agreement and returned to System Agency. 11. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee shall immediately report in writing to its assigned System Agency 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 Grant Agreement has been placed on community supervision,received deferred adjudication, or been indicted for or convicted DSHS Contract No.HHS001315700015 Page 5 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 subject 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. 12. NOTICE OF GRANT AGREEMENT ACTION Grantee shall notify the assigned System Agency contract manager if Grantee has any grant agreement or contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Effective start date of the grant agreement; iv. Date of suspension or termination; and v. Grant agreement or case reference number. 13. NOTICE OF BANKRUPTCY Grantee shall notify in writing the assigned System Agency contract manager of its plan to seek bankruptcy protection within five business days of such action by Grantee. 14. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee shall notify in writing the assigned System Agency contract manager within ten business days of any change to the Grantee's Contact Person or Key Personnel. 15. NOTICE OF INSOLVENCY,INCAPACITY,OR OUTSTANDING UNPAID OBLIGATIONS Grantee shall notify in writing its assigned System Agency contract manager of any insolvency, incapacity, or outstanding unpaid obligations of Grantee owed to the Internal Revenue Service or the State of Texas, or any agency or political subdivision of the State of Texas within five business days of the date of Grantee's becoming aware of such. 16. GRANTEE'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 DSHS Contract No.HHS001315700015 Page 6 of 7 Attachment F DocuSign Envelope ID:4ACFBAEE-05F8-4EF4-BBE4-BC20E6E75D95 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 DSHS Contract No.HHS001315700015 Page 7 of 7 Attachment F DocuSign Certificate Of Completion Envelope Id:4ACFBAEE05F84EF4BBE4BC2OE6E75D95 Status: Sent Subject: Please DocuSign: HHS001315700015;Corpus Christi-Nueces County Public Health; New IDPS/SUR Contract Source Envelope: Document Pages:93 Signatures: 0 Envelope Originator: Certificate Pages:5 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: 167.137.1.11 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/23/2023 2:23:22 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Dr. Fauzia Khan Sent:5/23/2023 2:28:50 PM fauziak@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/22/2023 4:48:53 PM ID:b6bcf5bd-69b1-41a5-9198-2e11dc0143ff Susana Garcia susana.garcia@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/23/2023 8:01:18 AM ID:5067a2da-e8ff-4036-93d6-04498a228a93 Patty Melchior patty.melchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 Imelda M. Garcia imeldam.garcia@dshs.texas.gov Security Level: Email,Account Authentication (None) 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 Denzel Otokunrin � Sent:5/23/2023 2:28:51 PM denzel@cctexas.com COPED Viewed: 5/23/2023 4:33:57 PM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Caeli Paradise Sent:5/23/2023 2:28:50 PM caeli.paradise@dshs.texas.gov ED Contract Manager Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:4/19/2023 3:00:25 PM ID:dd5b5b11-5864-4e5f-b437-1bc34c1121c1 dante GonzaleCOPIED E Sent:5/23/2023 2:28:50 PM danteg@cctexas.com Assistant Director of Public Health Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign cros.internalrouting@dshs.texas.gov cros.internalrouting@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 5/23/2023 2:28:51 PM 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: Dr. Fauzia Khan,Susana Garcia, Patty Melchior, Imelda M.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. 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Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSHS Contract Management Section: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us To advise DSHS Contract Management Section of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at alison.joffrion@hhsc.state.tx.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from DSHS Contract Management Section To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with DSHS Contract Management Section To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: haps://support.docusign.com/guides/signer-guide- signi_ ng-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section. Two Reading Ordinance Ordinance authorizing acceptance and future amendments of the Texas Epidemiology Capacity Expansion Grant for $204,856.00 from the Texas Department of State Health Services (DSHS); and appropriating $204,856.00 of grant funds to conduct surveillance and epidemiology activities for the period of September 1, 2023, through August 31, 2025. City Council July 25, 2023 Background and Staff Recommendation • Texas Epidemiology Capacity Expansion Grant o To ensure all surveillance and epidemiology activities are being conducted under the DSHS Emerging and Acute Infectious Disease Unit (EAIDU). These activities are to be conducted through the epidemiologist(s) as specified in the approved budget. This includes but is not limited to monitoring/reporting of infectious disease outbreaks, attending any training(s) as directed by the EAIDU, and cooperating with the DSHS during technical reviews and quality assurance visits. o September 1, 2023, through August 31, 2025 Background and Staff Recommendation o Total Contract value is $204,856.00 o Fiscal impact — All positions are 100% grant funded. o Staff Recommendation: Approval of the two-reading ordinance. City Council July 25, 2023 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of July 25, 2023 1852 Second Reading for the City Council Meeting of August 8, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Fauzia Khan, Director of Public Health fauziak(o-)-cctexas.com 361-826-7202 Acceptance of the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income, and RLSS Medicaid Program Income in the amount of$328,736.00, and appropriation of the funds for the contract period September 1, 2023, through August 31, 2025 CAPTION: Ordinance authorizing acceptance and future amendments of the Regional Local Services System/Local Public Health System Grant for $328,736.00 from the Texas Department of State Health Services (DSHS); appropriating $328,736.00 of grant funds, $330,000.00 of grant program income and $70,000 of Medicaid income in the Health Grant Fund to provide essential public health services including disease investigation and surveillance, laboratory services, and environmental health services for the period of September 1, 2023, through August 31, 2025; and authorizing four grant positions. SUMMARY: Authorization to accept funding for the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income, and RLSS Medicaid Program Income. DSHS has awarded a grant in the amount of$328,736.00, to provide funding for public health services beginning September 1, 2023, through August 31, 2025, to fund personnel, fringe benefits, and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services to improve and strengthen local public health infrastructure within the State of Texas. It is estimated that the grant will generate an RLSS grant program income of $165,000 and an RLSS grant program Medicaid income of$35,000 during the grant period. BACKGROUND AND FINDINGS: DSHS has awarded a grant in the amount of $328,736.00, to provide funding for public health services beginning September 1, 2023, through August 31, 2025, to fund personnel, fringe benefits, and supplies to support the provision of essential public health services including disease investigation and surveillance, laboratory services and environmental health services. It is estimated that the grant will generate an RLSS grant program income of$165,000 and an RLSS grant program Medicaid income of $35,000 during the period of September 1, 2023, through August 31, 2025. ALTERNATIVES: Refuse the grant and discontinue the local public health services program that enables the Health District to provide for local public health services including disease investigation and surveillance, laboratory services, and environmental health services. FISCAL IMPACT: No fiscal impact to general fund. Grant does not require a cash or in-kind match. FUNDING DETAIL: Fund: 1066 Health Grants paid by the Department of State Health Services Organization/Activity: 831124F Mission Element: 115 Disease Prevention Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001324900014 Ordinance COF Ordinance authorizing acceptance and future amendments of the Regional Local Services System/Local Public Health System Grant for $328,736.00 from the Department of State Health Services (DSHS); and appropriating $328,736.00 of grant funds, $330,000.00 of grant program income and $70,000 of Medicaid income in the Health Grant Fund to provide local public health services to improve or strengthen local public health for the period of September 1, 2023 through August 31, 2025; and authorizing four grant positions. WHEREAS, Texas Department of State Health Services Grant Agreement Contract No. HHS001324900014 (the "Contract") under the Regional and Local Services System /Local Public Health Services Grant Program is for Corpus Christi- Nueces County Public Health District to provide local public health services to improve or strengthen local public health within the State of Texas in State Fiscal Year (FY) 2024 and FY 2025. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept a grant for $328,736.00 from the Texas Department of State Health Services for the contract period September 1 , 2023, through August 31 , 2025, to provide local public health services to improve or strengthen local public health. SECTION 2. Grant funds in the amount of $328,736.00, grant program income in the amount of $330,000.00, and Medicaid income in the amount of $70,000.00 of are appropriated in the Health Grants Fund No. 1066 to be used to provide local public health services to improve or strengthen local public health. SECTION 3. 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 4. A copy of the executed health grant contract and amendments 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 SIGNATURE DOCUMENT FOR TEXAS DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT CONTRACT No.HHS001324900014 UNDER THE REGIONAL AND LOCAL SERVICES SYSTEM/LOCAL PUBLIC HEALTH SERVICES GRANT PROGRAM The parties to this agreement ("Grant Agreement" or "Contract") are The Department of State Health Services ("DSHS" or"System Agency"), a pass-through entity, and Corpus Christi-Nueces County Public Health District ("Grantee"), having its principal office at 1702 Horne Rd., Corpus Christi, Texas 78416 (each a"Party" and collectively the "Parties"). L PURPOSE The purpose of this Grant Agreement is for Grantee to provide local public health services to improve or strengthen local public health within the State of Texas in State Fiscal Year(FY)2024 and FY 2025. II. LEGAL AUTHORITY This Grant Agreement is entered into and is authorized by and in compliance with the provisions under the authority of the Texas Health and Safety Code Chapters 12 and 1001, as applicable. III. DURATION This Grant Agreement is effective on September 1, 2023, and expires on August 31, 2025, unless sooner terminated pursuant to the terms and conditions of the Grant Agreement. This Grant Agreement does not include renewals. IV. STATEMENT OF WORK The Statement of Work to which Grantee is bound is incorporated into and made a part of this Grant Agreement for all purposes and included as ATTACHMENT A,FY2024/2025 STATEMENT OF WORK. V. BUDGET The total amount of this Grant Agreement will not exceed $328,736.00. Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $190,979.18 Total State Funds: $137,756.82 DSHS Grant Agreement,Contract#HHS001324900014 Page 1 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 The total allocation amount for FY2024 (September 1, 2023, through August 31, 2024) is $164,368.00. The total allocation amount for FY2025 (September 1, 2024, through August 31, 2025) is $164,368.00. All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, FY2024/2025 BUDGET. VI. REPORTING REQUIREMENTS Grantee shall submit the following reports: REPORT FREQUENCY DUE DATE DSHS EMAIL ADDRESSES TO SUBMIT REPORT Financial Status The last business day of the March 29,2024 Invoices(a=dshs.texas.gov; Report(FSR)— month following the end of F SRGrantskdshs.texas.gov; Biannual each second fiscal quarter October 15,2024 copy to the System Agency AND forty-five(45) representative identified in calendar days following the March 31,2025 SECTION VII, CONTRACT end of each fourth fiscal REPRESENTATIVES,of this Grant quarter. October 15,2025 Agreement Invoices/Requests The last business day of the October 31,2023 Invoiceskdshs.texas.gov; for Reimbursement month following the month CMSInvoiceskdshs.texas.gov, —Monthly in which expenses were November 30,2023 copy to the System Agency incurred. representative identified in December 29,2023 SECTION VII,CONTRACT REPRESENTATIVES,of this January 31,2024 Grant Agreement February 29,2024 March 29,2024 April 30,2024 May 31,2024 June 28,2024 July 31,2024 August 30,2024 September 30,2024 DSHS Grant Agreement,Contract No.HHS001324900014 Page 2 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 October 31,2024 November 29,2024 December 31,2024 January 31,2025 February 28,2025 March 31,2025 April 30,2025 May 30,2025 June 30,2025 July 31,2025 August 29,2025 September 30,2025 DSHS Contractor's Once per State Fiscal Year. October 15,2023 FSOequipkdshs.texas.gov; Property Inventory copy to the System Agency Report(Form GC- October 15,2024 representative identified in 11)—Annual SECTION VII,CONTRACT REPRESENTATIVES,of this Grant Agreement Performance Report The last calendar day of the December 31,2023 LocalPHTeamkdshs.texas.gov; —Quarterly month following the end of copy to the System Agency each fiscal quarter. March 31,2024 representative identified in SECTION VII,CONTRACT NOTE:The final June 30,2024 REPRESENTATIVES,of this performance report for each Grant Agreement fiscal year is submitted with September 30,2024 the fourth quarter report for each fiscal year.Therefore, December 31,2024 both the final performance report and fourth quarter March 31,2025 report will be submitted on September 30,2024,and June 30,2025 September 30,2025, respectively. September 30,2025 DSHS Grant Agreement,Contract No.HHS001324900014 Page 3 of 7 HISS Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 VII. CONTRACT REPRESENTATIVES The following will act as the Contract representative ("Contract Representative") authorized to administer activities under this Grant Agreement on behalf of their respective Party. System A2ency Grantee Elma Medina Denzel Otokunrin Texas Department of State Health Corpus Christi-Nueces County Public Services Health District 1100 W 49th Street, MC 1990 1702 Horne Rd. Austin, Texas 78756 Corpus Christi, Texas 78416 elma.medinagdshs.texas._og_v denzelgcctexas.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 with a copy to: Department of State Health Services Attention: General Counsel 1100 W. 49th Street, Mail Code 1919 Austin, Texas 78756 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. DSHS Grant Agreement,Contract No.HHS001324900014 Page 4 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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. Federal Award Identification Number (FAIN): NBO10TOO9461 A. Assistance Listings Title, Number, and Dollar Amount: Centers for Disease Control and Prevention (CDC), Preventive Health and Health Services Block Grant, 93.991, $6,323,297.00. B. Federal Award Date: August 16, 2023, and August 16, 2024 C. Federal Award Period: October 1, 2022— September 30, 2024, and October 1, 2023 — September 30, 2025 D. Name of Federal Awarding Agency: CDC E. Federal Award Project Description: Preventive Health and Health Services Block Grant F. Awarding Official Contact Information: Ester Edward Grants Management Officer CDC Office of Grants Services, Branch 4 2929 Flowers Road Atlanta, GA 30341 Telephone: 770-488-2852 Email: ece9gcdc._og_v G. Total Amount of Federal Funds Awarded to System Agency: $6,323,297.00 H. Amount of Funds Awarded to Grantee $328,736.00 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. ATTACHMENT A— FY2024/2025 STATEMENT OF WORK ATTACHMENT B— FY2024/2025 BUDGET ATTACHMENT C— HHS CONTRACT AFFIRMATIONS,VERSION 2.2,EFFECTIVE MAY 2022 ATTACHMENT D— HHS UNIFORM TERMS AND CONDITIONS - GRANT,VERSION 3.2, EFFECTIVE JULY 2022 ATTACHMENT E— HHS ADDITIONAL PROVISIONS—GRANT FUNDING,VERSION 1.0, EFFECTIVE FEBRUARY 2021 ATTACHMENT F— HHS DATA USE AGREEMENT—TACCHO VERSION(LOCAL CITY AND COUNTY ENTITIES),OCTOBER 23,2019 ATTACHMENT G— FEDERAL ASSURANCES—NON-CONSTRUCTION PROGRAMS ATTACHMENT H— CERTIFICATION REGARDING LOBBYING DSHS Grant Agreement,Contract No.HHS001324900014 Page 5 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 ATTACHMENT I— FEDERAL FUNDING ACCOUNTABILITY AND TRANSPARENCY ACT (FFATA)CERTIFICATION FORM 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. 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 DSHS Grant Agreement,Contract No.HHS001324900014 Page 6 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 SIGNATURE PAGE FOR DSHS GRANT AGREEMENT CONTRACT No.HHS001324900014 DEPARTMENT OF STATE HEALTH CORPUS CHRISTI-NUECES COUNTY SERVICES PUBLIC HEALTH DISTRICT Signature Signature Printed Name: Printed Name: Steve Viera Title: Title: Date of Execution: Date of Execution: DSHS,Grant Agreement,Contract No.HHS001324900014 Page 7 of 7 11115 Signature Document-Grantee v 3.1 Effective:August 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment A—FY2024/2025 Statement of Work DSHS Contract No.HHS001324900014 ATTACHMENT A FY2024/2025 STATEMENT OF WORK L GRANTEE RESPONSIBILITIES Grantee will perform activities in support of the CDC Preventive Health and Health Services Block Grant, as listed below. A. Grantee shall perform the activities required under this Grant Agreement in the following Texas county/counties: Nueces. B. Grantee will comply with all applicable regulations, standards, and guidelines in effect on the Effective Date of this Grant Agreement and as restated in subsequent amendments, if applicable. C. Grantee will work to improve or strengthen local public health infrastructure within the State of Texas by: 1. Developing objective(s)to address apublic health issue; 2. Utilizing resources provided through this Grant Agreement to conduct activities and services that provide or support the delivery of essential public health services; 3. Assessing, monitoring, and evaluating the essential public health activities and services provided through this Grant Agreement; and 4. Developing strategies to improve the delivery of essential public health service(s) to its identified service area(s). D. Grantee will assess, monitor, and evaluate the essential public health activities in accordance with the following standards: 1. National Public Health Performance Standards, approved by the CDC Healthy People 2030 (Healthy People)related goals and objectives; 2. System Agency's programmatic grant guidance and performance standards relative to this ATTACHMENT A,FY2024/2025 STATEMENT OF WORK; and 3. Federal, state or local laws or regulations governing the delivery of essential public health services. Other evaluation methods utilizing standards not listed in this section must be preapproved in writing by System Agency. E. Grantee shall implement its Project Service Delivery Plan ("PSDP"), as stated in its FY2024/2025 Local Public Health Services Application. Grantee's PSDP in the FY2024/2025 Local Public Health Services Application has been approved by System Agency and is incorporated by reference and made part of this Grant Agreement as if fully set forth herein. Any changes to the approved PSDP will require System Agency's written approval. Page 1 of 4 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment A-FY2024/2025 Statement of Work DSHS Contract No.HHS001324900014 F. Grantee shall submit quarterly performance reports, including a final performance report each fiscal year, that describes progress toward achieving the objectives contained in Grantee's approved PSDP. The quarterly performance reports must be submitted to the following email addresses: (1)LocalPHTeam2dshs.texaS.gov and(2) the listed email address for the assigned System Agency Contract Representative identified in SECTION VII,CONTRACT REPRESENTATIVES, of the Grant Agreement. Grantee shall submit all quarterly performance reports by the last calendar day of the month following the end of each fiscal quarter. The final performance report must be submitted with each fourth quarter report. Failure to submit a required report by the due date specified in this Grant Agreement constitutes breach of contract, may result in delayed payment, and may adversely affect evaluation of Grantee's future contracting opportunities with the department. G. Grantee will maintain an inventory of the following: (1) equipment, (2) supplies defined as"Controlled Assets" (see SECTION 7.4 OF ATTACHMENT D,HHS UNIFORM TERMS AND CONDITIONS,-GRANT,VERSION 3.2,EFFECTIVE JULY 2022)and(3)real property. Grantee will complete an annual cumulative report of the above stated items on the form titled, "DSHS Contractor's Property Inventory Report (Form GC-11)." Grantee will submit the Form GC-11,via email,to (1)FSOequi]a,dshs.texas.gov, and (2) the assigned System Agency Contract Representative identified in SECTION VII, CONTRACT REPRESENTATIVES, of the Grant Agreement. The Form GC-I I must be submitted by no later than October 15th of each State Fiscal Year. H. Grantee will submit Financial Status Reports ("FSRs") to System Agency, for review and financial assessment biannually. The reporting periods are as follows: 1. September 1st through February 28th (or February 29th, if a leap year); and 2. March I st through August 31 st. Specifically, Grantee will submit FSRs on the following timeline: (1) by no later than the last business day of the month following the end of the second fiscal quarter and (2)by no later than forty-five(45)calendar days following the end of each fourth fiscal quarter. The biannual FSRs are to be submitted, by the due dates identified above, to the following email addresses: 1. Invoicesgdshs.texas.gov; 2. FSRGrants2dshs.texas.gov; and 3. The assigned System Agency Contract Representative identified in SECTION VII,CONTRACT REPRESENTATIVES, of the Grant Agreement. I. Grantee may not begin work or incur charges for FY2024 until System Agency issues a written Notice to Proceed to Grantee, as funding for this Grant Agreement is dependent on the award of both state (General Revenue) and federal grant funds. System Agency's Notice to Proceed may include an amended or ratified budget which Page 2 of 4 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment A-FY2024/2025 Statement of Work DSHS Contract No.HHS001324900014 will be incorporated into this Grant Agreement by a subsequent amendment, as necessary. Notwithstanding the preceding, at the discretion of the System Agency, Grantee may be eligible to receive reimbursement for eligible expenses incurred during the period of performance, as defined by 2 CFR §200.309. J. Grantee shall provide notification of budget transfers by submitting a revised Categorical Budget Form that highlights the areas affected by the budget transfer to the assigned System Agency Contract Representative identified in SECTION VII, CONTRACT REPRESENTATIVES, of the Grant Agreement. Grantee is advised as follows: 1. Transferring funds between budget categories, other than the "Equipment" and "Indirect Cost" categories, is allowable, but cannot exceed twenty-five percent (25%) of the Grant Agreement value during each State Fiscal Year. If the budget transfer(s) exceeds twenty-five percent (25%) of the total Grant Agreement value in a State Fiscal Year, alone or cumulatively, a formal amendment to the Grant Agreement is required; and 2. After review, the assigned System Agency Contract Representative identified in SECTION VII,CONTRACT REPRESENTATIVES, of the Grant Agreement shall provide notification of acceptance to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the Grant Agreement. IL PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in this ATTACHMENT A, FY2024/2025 STATEMENT OF WORK, and compliance with the Grant Agreement's terms and conditions. IILINVOICE AND PAYMENT A. Grantee will request payment using the State of Texas Purchase Voucher(Form B-13). The Form B-13, and any supporting documentation, will be submitted by the last business day of the month following the month in which expenses were incurred via electronic mail,fax, or U.S. mail. DSHS prefers that the Form B-13, and any supporting documentation, be submitted via electronic mail, but the other two methods are also acceptable. Texas 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.texas._og_v, CMSInvoicesgdshs.texas.gov, and the assigned System Agency Contract Representative identified in Section VII, Contract Representatives, of the Grant Agreement Page 3 of 4 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment A—FY2024/2025 Statement of Work DSHS Contract No.HHS001324900014 B. Upon providing acceptable supporting documentation for reimbursement of the required services/deliverables, Grantee will be paid on a monthly basis and in accordance with ATTACHMENT B,FY2024/2025 BUDGET, of this Grant Agreement. C. System Agency reserves the right, where allowed by legal authority, to redirect funds in the event of financial shortfalls. System Agency will monitor Grantee's expenditures on a quarterly basis. If expenditures are below that projected in Grantee's total Grant Agreement amount, Grantee's budget may be subject to a decrease for the remainder of the term of the Grant Agreement. Vacant positions existing after ninety (90) calendar days may result in a decrease in funds. Page 4 of 4 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment B—FY2024/2025 Budget DSHS Contract No.HHS001324900014 ATTACHMENT B FY2024/2025 BUDGET FY2024 Budget FY2025 Budget 2 Year Budget Categories Summary Summary 9/1/2023 —8/31/2024) 9/1/2024—8/31/2025) Total Budget Personnel $99,719.00 $99,719.00 $199,438.00 Fringe Benefits $42,081.50 $42,081.50 $84,163.00 Travel $4,096.00 $4,096.00 $8,192.00 Equipment $0.00 $0.00 $0.00 Supplies $18,471.50 $18,471.50 $36,943.00 Contractual $0.00 $0.00 $0.00 Other $0.00 $0.00 $0.00 Total Direct Costs $164,368.00 $164,368.00 $328,736.00 Indirect Costs $0.00 $0.00 $0.00 Subtotal of Total Direct Costs $164,368.00 $164,368.00 $328,736.00 and Indirect Costs Less Match Cash or In-Kind $0.00 $0.00 $0.00 TOTAL $164,368.00 $164,368.00 $328,736.00 Page 1 of 1 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 HEALTH AND HUMAN SERVICES Contract Number HHS001324900014 Attachment C 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 1 of 13 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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(SANT) 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffalrsReferral@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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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 9 of 13 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 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: (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.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 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. 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 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') 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. Signature of Authorized Representative Date Signed Steve viera Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name Physical Street Address City, State,Zip Code Mailing Address, if different City, State, Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 TEv..A.S Health and Human Services Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 3.2 Effective July 2022 Page 2 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 3.2 Effective July 2022 Page 3 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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.............................................. 15 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...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 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............................................................... 22 ARTICLE XI. GENERAL PROVISIONS...................................................................... 22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions-Grant v 3.2 Effective July 2022 Page 4 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 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 ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 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 3.2 Effective July 2022 Page 5 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 Prope . 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.3.2 Effective July 2022 Page 6 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 "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.3.2 Effective July 2022 Page 7 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 (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.3.2 Effective July 2022 Page 8 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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.3.2 Effective July 2022 Page 9 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 B. "Overpayments" as used in this Section include payments (i) made by the System 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 threshold amount includes federal funds passed through by way of state agency awards. 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 https://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, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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 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. HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 14 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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, 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: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 AttarhmPnt D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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. 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 OR 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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 use the Texas Abuse Hotline Website located at https:///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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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; 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, HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 23 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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 HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 26 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 DSHS Contract No. HHS001324900014 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. 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 extent possible. 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 HHS Uniform Terms and Conditions-Grant v.3.2 Effective July 2022 Page 27 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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: hllps://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil//hhs.texas.gov/about-hhs/your-ri ghts/civi l-ri ghts-offi ce/civi 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 Office of Data, Analytics, and Performance. 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 Attachment D-HHS Uniform Terms and Conditions-Grant,Version 3.2, Effective July 2022 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 DSHS Contract No. HHS001324900014 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 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.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment E—HHS Additional Provisions—Grant Funding,Version 1.0,Effective February 2021 DSHS Contract No.HHS001324900014 TEXAS Health and Human Services Health and Human Services (HHS) Additional Provisions — Grant Funding Version 1.0 Effective: February 2021 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 1 of 5 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 Attachment E—HHS Additional Provisions—Grant Funding,Version 1.0,Effective February 2021 DSHS Contract No.HHS001324900014 TABLE OF CONTENTS 1. ELECTRICAL ITEMS........................................................................................................3 2. DISASTER SERVICES........................................................................................................3 3. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY....................................................................................................................3 4. HIV/AIDS MODEL WORKPLACE GUIDELINES ........................................................4 5. INTERIM EXTENSION AMENDMENT..........................................................................4 6. PROJECT COMMENCEMENT........................................................................................ 4 7. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS....................4 8. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION.......................................5 9. NOTICE OF BANKRUPTCY.............................................................................................5 10. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL.................5 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 2 of 5 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment E—HHS Additional Provisions—Grant Funding,Version 1.0,Effective February 2021 DSHS Contract No.HHS001324900014 ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Grant Agreement. Terms included in these Additional Provisions and not otherwise defined have the meanings assigned to them in ATTACHMENT D, HHS UNIFoRM TERMS AND CONDITIONS—GRANT VERSION 3.2,EFFECTIVE JULY 2022, of this Grant Agreement. 1. ELECTRICAL ITEMS All electrical items purchased under this Grant Agreement/Contract or used in the performance of approved and eligible grant-funded activities must meet all applicable Occupational Safety and Health Administration (OSHA) standards and regulations, and bear the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource Corporation (FMRC), or National Electrical Manufacturers Association (NEMA). 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/Contractor 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. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee/Contractor 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. Meaningful access may entail providing language assistance services, including oral interpretation and written translation,if necessary. More information can be found at https://www.lep.gov/. B. Grantee/Contractor 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. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 3 of 5 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 Attachment E—HHS Additional Provisions—Grant Funding,Version 1.0,Effective February 2021 DSHS Contract No.HHS001324900014 C. Grantee/Contractor 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. 4. HIV/AIDS MODEL WORKPLACE GUIDELINES A. Grantee/Contractor shall implement DSHS's HIV-STD Policy No. 090.021, HIV/AIDS Model Workplace Guidelines for Businesses, State Agencies, and State Contractors, accessible at http://www.dshs.state.tx.us/hivstd/policy//policies.shtm. B. Grantee/Contractor 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. 5. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Grant Agreement/Contract, the Parties agree that this Grant Agreement/Contract can be extended as provided under this section. B. The System Agency shall provide written notice of interim extension amendment to the Grantee/Contractor 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/Contractor will provide and invoice for services in the same manner that is stated in the Grant Agreement/Contract. E. An interim extension under subsection (B)(i) of this section shall extend the term of the Grant Agreement/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 subsection (B)(i) of this section shall be a one-time extension for a period of time determined by the System Agency. 6. PROJECT COMMENCEMENT The Grantee shall begin the grant-funded project <<on or before insert date>> <<within 90 days of the original start date of the grant term or grant execution date, whichever is later,>>, unless otherwise approved by System Agency. If project commencement is delayed, the Grantee must submit in writing to the assigned contract manager,the steps taken to initiate the project, the reasons for the delay, and the expected start date. System Agency may require Grantee to take immediate remedial or corrective action in response to any delay. 7. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee/Contractor shall immediately report in writing to its assigned System Agency contract manager when Grantee/Contractor learns of or has any reason to believe it or any person with ownership or controlling interest in Grantee/Contractor, or their agent, employee, subcontractor or volunteer who is providing services under this Grant Agreement/Contract has been placed on community supervision, received deferred Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 4 of 5 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment E—HHS Additional Provisions—Grant Funding,Version 1.0,Effective February 2021 DSHS Contract No.HHS001324900014 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/Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject 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. 8. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION Grantee/Contractor shall notify the assigned System Agency contract manager if Grantee/Contractor has any grant agreement or contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Effective start date of the grant agreement/contract; iv. Date of suspension or termination; and v. Grant agreement/contract or case reference number. 9. NOTICE OF BANKRUPTCY Grantee/Contractor shall notify in writing the assigned System Agency contract manager of its plan to seek bankruptcy protection within five business days of such action by Grantee/Contractor. 10. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee/Contractor shall notify in writing the assigned System Agency contract manager within ten business days of any change to the Grantee/Contractor's Contact Person or Key Personnel. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 5 of 5 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 ATTACHMENT F 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 a manner that is not expressly an Authorized Purpose under this DUA or as Required by 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 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). (I) 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 PHI is subj ect 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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 HIPAAPrivacy 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 • 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 other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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@HHSC.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. (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 Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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 Breach demonstrating whether 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 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; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 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; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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 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 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. (B) Termination or 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 (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. 6.09 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. 6,10 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment F—HHS Data Use Agreement—TACCHO Version(Local City and County Entities),October 23,2019 DSHS Contract No.HHS001324900014 enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. 6,11 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment G - Federal Assurances - Non-Construction Programs DSHS Contract No. HHS001324900014 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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 time frame after receipt of approval of the awarding nondiscrimination statute(s)which may apply to the agency. application. 5. Will comply with the Intergovernmental Personnel Act of 7. Will comply, or has already complied,with the 1970 (42 U.S.C. §§4728-4763) relating to prescribed requirements of Titles II and III of the Uniform standards for merit systems for programs funded under Relocation Assistance and Real Property Acquisition one of the 19 statutes or regulations specified in Policies Act of 1970 (P.L. 91-646)which provide for Appendix A of OPM's Standards for a Merit System of fair and equitable treatment of persons displaced or 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:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 9, Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C.§276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C.§470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C.§§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C.§§469a-1 et seq.). 10. Will comply, if applicable,with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a)of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15• Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L.89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research, teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190)and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d) evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e)assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No.A-133, Act of 1972(16 U.S.C.§§1451 et seq.); (f)conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State(Clean Air) Implementation Plans Organizations." under Section 176(c)of the Clean Air Act of 1955, as amended (42 U.S.C.§§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973,as amended (P.L. 93- 19. Will comply with the requirements of Section 106(g)of 205). the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.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 :1 1 APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Attachment H — Certification Regarding Lobbying DSHS Contract No. HHS001324900014 DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 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: I *First Name: Middle Name: *Last Name:l I Suffix:[� *Title:II *SIGNATURE: *DATE:I ] Attachment I-Federal Funding Accountability and Transparency DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C94OA32 Act(FFATA)Certification DSHS Contract No. HHS001324900014 ©Ji'.TEXAS TDepartment of State C`� Services: evices Human Texas p SHealth 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.aov (VIN) — 14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Steve Viera Title of Authorized Representative Date Signed 1 Department of State Health Services Form 4734-April 2022 Contract Management Section Attachment I-Federal Funding Accountability and Transparency DocuSign Envelope ID:CE1A7AC7-EOCC-4D97-A211-7B6F5C940A32 Act(FFATA)Certification DSHS Contract No. HHS001324900014 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 Certificate Of Completion Envelope Id: CElA7AC7EOCC4D97A2117B6F5C940A32 Status: Sent Subject: HHS001324900014 Corpus Christi-Nueces RLSS LPHS Base Contract Source Envelope: Document Pages:81 Signatures: 0 Envelope Originator: Certificate Pages:5 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: 167.137.1.12 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/12/2023 2:15:01 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Steve Viera Sent:5/12/2023 2:31:48 PM SteveV@cctexas.com Viewed:6/5/2023 10:29:07 AM Assistant City Manager Corpus Christi-Nueces County Public Health Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:3/1/2022 5:00:47 PM ID:4f8f2f59-1a8a-43c3-a675-dd40eae6c04f Jonah Wilczynski Jonah.Wilczynski@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:6/2/2023 5:51:53 PM ID:e4a76a63-305c-4ea4-b1b6-406204ca8550 Patty Melchior Patty.MeIchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/5/2022 12:43:08 PM ID:f01589da-43a7-481e-996a-7c50409e5d48 David Gruber David.Gruber@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted: 1/3/2021 4:48:45 PM ID:bd2f4497-b4dc-4c51-9974-71b86780cff4 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 Angela Flores-Ledesma AngelaF@cctexas.com Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Elma Medina Elma.medina@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Internal Routing Mailbox cros.internalrouting@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 5/12/2023 2:31:48 PM 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 Viera,Jonah Wilczynski, Patty Melchior, David Gruber 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 authorizing acceptance and future amendments of the Regional Local Services System/Local Public Health System Grant for $328,736.00 from the Department of State Health Services (DSHS); and appropriating $328,736.00 of grant funds, $330,000.00 of grant program income and $70,000 of Medicaid income in the Health Grant Fund to provide local public health services to improve or strengthen local public health for the period of September 1 , 2023 through August 31 , 2025. o Estimated RLSS Program Income $165,000.00 o Estimated RLSS Program Medicaid Income $35,000 o Total project cost of $728,736. city council July 25, 2023 Background and Staff Recommendation • RLSS Grant Program o Acceptance of the Regional Local Services System/Local Public Health System (RLSS/LPHS) Grant, RLSS Grant Program Income and RLSS Medicaid Program Income o Provide funding for Local Public Health Services to improve or strengthen local public health infrastructure within the State of Texas o Appropriation of the funds for the contract period September 1 , 2023, through August 31 , 2025 Background and Staff Recommendation o Total contract value by $ 728,736.00 o Fiscal impact- No fiscal impact to general fund. Grant does not require a cash or in-kind match. o Staff Recommendation: Approval of the two-reading ordinance. City Council July 25, 2023 so �o o� A H AGENDA MEMORANDUM WoRPORPg4 First Reading for the City Council Meeting of July 25, 2023 1852 Second Reading for the City Council Meeting of August 8, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Dr. Fauzia Khan, Director of Public Health FauziaK(a)-cctexas.com 361-826-7202 Acceptance of the Immunization/Locals Grant and Grant Program Income in the amount of$261,637.00, and appropriation of the funds for the contract period September 1, 2023, through August 31, 2024 CAPTION: Ordinance authorizing acceptance and future amendments of the Immunization/Locals (IMM/LOCALS) Grant Program in the amount of $241,637.00, from the Texas Department of State Health Services (DSHS) and appropriating $241,637.00 in the Health Grant Fund to implement and operate an immunization program servicing children, adolescents, and adults for the period of September 1, 2023, through August 31, 2024; appropriating related program income in the estimated amount of $20,000.00 in the Health Grants Fund; and authorizing four grant positions. SUMMARY: The purpose of this grant is to prevent and control the transmission of vaccine-preventable diseases in children and adults, with an emphasis on accelerating strategic interventions to improve vaccination coverage levels. The grant funds 100% of four positions of the Immunization Program including the Program Manager and three Public Health technicians. BACKGROUND AND FINDINGS: DSHS has awarded a grant in the amount of $241,637.00 to provide for personnel costs, and immunizations to eligible children, adolescents, and adults, with special emphasis on accelerating strategic interventions to improve their vaccine coverage levels. It is estimated that the grant will generate Immunizations program income of $20,000 during the period of September 1, 2023, through August 31, 2024. ALTERNATIVES: Refuse the grant and discontinue providing immunizations to children, adolescents, and adults of Nueces County. The Corpus Christi-Nueces County Public Health District does not recommend this alternative as this grant has been awarded to the Public Health District to aid in the delivery of immunization services to the community for over 10 years. FISCAL IMPACT: Acceptance of Immunizations Grant ensures that the Corpus Christi-Nueces County Public Health District continues to provide immunization services with the grant amount of $241,637.00, in addition to the estimated Immunization program income of$20,000 for a total of$261,637.00. COMMENTS: No fiscal impact to general fund. The grant does not require a cash or in-kind match by the City. FUNDING DETAIL: Fund: 1066 Health Grants paid by Department of State Health Services Organization/Activity: 830124F, 830224L Mission Element: 102 Provide & Manage Medical Clinics Project # (CIP Only): Account: RECOMMENDATION: Staff recommends approval of the Ordinance. LIST OF SUPPORTING DOCUMENTS: Contract No. HHS001331300011 Ordinance COF Ordinance authorizing acceptance and future amendments of Immunization/Locals (IMM/LOCALS) Grant for $241,637.00 from the Department of State Health Services (DSHS); and appropriating $241,637.00 in the Health Grant Fund to implement and operate an immunization program for children, adolescents, and adults for the period September 1, 2023, through August 31, 2024; and appropriating related program income in the estimated amount of $20,000.00 in the Health Grants Fund; and authorizing four grant positions. Whereas, the Texas Department of State Health Services has awarded an $241 ,637.00 through Contract No. HHS001331300011 to implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger. Be it Ordained by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or designee is authorized to execute all documents necessary to accept Immunization/Locals (IMM/LOCALS) Grant from the Department of State Health Services ("DSHS") to implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three years of age or younger for the period of September 1, 2023, through August 31 , 2024. SECTION 2. Funds in the amount of $241 ,637.00 are appropriated in the Health Grants Fund No. 1066 to implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three years of age or younger. SECTION 3. IMM/LOCALS grant program revenue in the amount of $20,000.00 is appropriated in the Health Grants Fund 1066 to implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three years of age or younger. 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 and amendments 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor 2 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 TEXAS v Health and Hurnan Texas Department of State Health Services �b Services Jennifer A.Shuford,M.D.,M.P.H. Commissioner Dr. Fauzia Khan, MBBS, MPH, CPM Director of Public Health Corpus Christi-Nueces County Public Health District (City) 1702 Horne Road Corpus Christi, Texas 78416 Subject: IMM/LOCALS Contract Number: HHS001331300011 Contract Amount: $241,637.00 Contract Term: September 1, 2023, through August 31, 2024 Dear Dr. Khan: Enclosed is the IMM/LOCALS contract between the Department of State Health Services and Corpus Christi-Nueces County Public Health District (City). The purpose of this contract is to prevent and control the transmission of vaccine- preventable diseases in children and adults, with emphasis on accelerating strategic interventions to improve their vaccine coverage levels. Please let me know if you have any questions or need additional information. Sincerely, Michelle Hilscher, CTCM Contract Manager (512) 776-6550 michelle.hilscher( dshs.texas.aov P.O. Box 149347 • Austin, Texas 78714-9347 • Phone:888-963-7111 • TTY: 800-735-2989 • dshs.texas.gov DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 SIGNATURE DOCUMENT FOR DEPARTMENT OF STATE HEALTH SERVICES GRANT AGREEMENT, CONTRACT No.HHS001331300011 UNDER THE IMMUNIZATION LOCALS 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 78416 (each a"Parry" and collectively the "Parties"). I. PURPOSE The purpose of this Grant Agreement is to prevent and control the transmission of vaccine- preventable diseases in children and adults, with emphasis on accelerating strategic interventions to improve their vaccine coverage levels. II. LEGAL AUTHORITY This Grant Agreement is entered into pursuant to Sections 317, 317(k)(2) of the Public Health Service Act (42 USC Sections 247b, 247b(k)(2) and 247c), as amended. This Contract is authorized by and in compliance with 42 USC 247b; 42 USC 243; 42 USC 300aa-3, 300aa-25, and 300aa-26; 42 USC 1396s; Chapter 791 of the Texas Government Code; and Chapters 12, 81, 161 and 1001 of the Texas Health and Safety Code. III. DURATION This Grant Agreement is effective on September 1, 2023, and expires on August 31, 2024, unless sooner terminated or renewed or extended. System Agency, at its sole discretion, may extend this Grant Agreement for up to four(4)additional one-year terms for a maximum term of five(5)years. 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,STATEMENT OF WORK. V. BUDGET AND INDIRECT COST RATE The total amount of this Grant Agreement will not exceed$241,637.00. Grantee is not required to provide matching funds. The total not-to-exceed amount includes the following: Total Federal Funds: $107,512.00 System Agency Grant Agreement,Contract#HHS001331300011 Page 1 of 5 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 Total State Funds: $134,125.00 All expenditures under the Grant Agreement will be in accordance with ATTACHMENT B, BUDGET. VI. REPORTING REQUIREMENTS Grantee shall submit reports in accordance with the requirements specified in ATTACHMENT A, STATEMENT OF WORK. 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 Grantee Michelle Hilscher Dr. Fauzia Khan, MBBS, MPH, CPM Department of State Health Services Corpus Christi-Nueces County Public P.O. Box 149347—Mail Code 1990 Health District(City) Austin, Texas 78714-9347 1702 Horne Road cros_covidimmgdshs.texas._og_v Corpus Christi, Texas 78416 fauziak2cctexas.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 4601 W. Guadalupe,Mail Code 1100 Austin, Texas 78751 Attn: Office of Chief Counsel With a copy to: Department of State Health Services 1100 W. 49th Street,Mail Code 1919 Austin, Texas 78756 Attention: Office of General Counsel 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 System Agency Grant Agreement,Contract#HHS001331300011 Page 2 of 5 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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. Federal Award Identification Number (FAIN): NH23IP922616 A. Assistance Listings Title: Immunization Cooperative Agreements B. Assistance Listing Number: 93.268 C. Assistance Listing Dollar Amount: $23,869,537.00 D. Federal Award Date: 07/01/2022 E. Federal Award Period: 07/01/2019—06/30/2024 F. Name of Federal Awarding Agency: Centers for Disease Control and Prevention, Office of Financial Resources G. Federal Award Project Description: CDC-RFA-IP19-1901, Immunization and Vaccines for Children H. Awarding Official Contact Information: Name: Kathy Raible, GMS Email: kcr8 e,cdc.gov Phone: 770-488-2045 L Total Amount of Federal Funds Awarded to System Agency: $23,869,537.00 J. Amount of Funds Awarded to Grantee: $241,637.00 K. 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. 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. System Agency Grant Agreement,Contract#HHS001331300011 Page 3 of 5 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ATTACHMENT A—STATEMENT OF WORK ATTACHMENT B—BUDGET ATTACHMENT C—HHS CONTRACT AFFIRMATIONS V.2.2(MAY 2022) ATTACHMENT D—HHS UNIFORM TERMS AND CONDITIONS—GRANT V.3.2 (JULY 2022) ATTACHMENT E—DATA USE AGREEMENT-TACCHO VERSION(OCTOBER 23, 2019) ATTACHMENT E-1 DATA USE AGREEMENT-SECURITY AND PRIVACY INQUIRY ATTACHMENT F—ADDITIONAL PROVISIONS ATTACHMENT G—FEDERAL ASSURANCES ATTACHMENT H—CERTIFICATION REGARDING LOBBYING ATTACHMENT I—DISCLOSURE OF LOBBYING ACTIVITIES(SF-LLL) ATTACHMENT J—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 is performed at the sole risk of Grantee. SIGNATURE PAGE FOLLOWS System Agency Grant Agreement,Contract#HHS001331300011 Page 4 of 5 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 SIGNATURE PAGE FOR SYSTEM AGENCY GRANT AGREEMENT, CONTRACT No.HHS001331300011 SYSTEM AGENCY GRANTEE Signature Signature Printed Name:_ Printed Name: Dr.Fauzia Khan Title: Title: Public Health Director Date of Signature: Date of Signature: System Agency Grant Agreement,Contract#HHS001331300011 Page 5 of 5 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ATTACHMENT A STATEMENT OF WORK L GRANTEE RESPONSIBILITIES Grantee shall: A. Implement and operate an immunization program for children, adolescents, and adults, with special emphasis on accelerating interventions to improve the immunization coverage of children three (3) years of age or younger (birth to 35 months of age). Grantee shall incorporate traditional and non-traditional systematic approaches designed to eliminate barriers, expand immunization capacity, and establish uniform operating policies, as described herein. B. Be enrolled as a provider in the Texas Vaccines for Children (TVFC) and the Adult Safety Net (ASN) Programs by the effective date of this Contract. This includes a signed Depulization Addendum Form (EF11-13999). C. Maintain staffing levels to meet required activities of the Contract and ensure staff funded by this Contract attend required training. D. Report all notifiable conditions as specified in Texas Administrative Code (TAC) Title 25, Part I §§ 97.1-97.6, as amended, and as otherwise required by law. E. Report all vaccine adverse event occurrences in accordance with the 1986 National Childhood Vaccine Injury Act (NCVIA) 42 U.S.C. § 300aa-25 (located at http://vaers.hhs.gov/or 1-800-822-7967, as amended. F. Sustain a network of TVFC/ASN providers to administer vaccines to program-eligible populations by conducting the following activities: 1. Ensuring New Provider Checklist is completed; 2. Conducting quality assurance reviews; 3. Ensuring annual influenza pre-book survey is completed; 4. Conducting compliance site visits; 5. Conducting unannounced storage and handling visits; and 6. Ensuring providers adhere to the vaccine borrowing procedure. G. Participate in audits and assessments through the following activities: 1. Completing and submitting through Child Health Reporting System(CHRS)all audits and assessments conducted on childcare facilities and Head Start Centers; 2. Completing audits, assessments and retrospective surveys of public and private schools; 3. Reviewing monthly reports to ensure data quality; 4. Reviewing the monthly Provider Activity Reports; DSHS Contract No.HHS001331300011 Page 1 of 5 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 5. Reviewing the quarterly Consent Accepted Rate Evaluations; and 6. Conducting quality improvement assessments of Texas Immunization Registry organizations. H. Provide education and outreach activities regarding vaccines and vaccine-preventable diseases, Texas Immunization Registry, and TVFC and ASN Programs to the following: 1. American Indian Tribes; 2. Schools and childcare facilities; 3. Healthcare workers; and 4. Community and general public. L Not deny vaccinations to recipients because they do not reside within Grantee's jurisdiction or because of an inability to pay an administration fee. J. Be responsible for identification and case management of all hepatitis B surface antigen (HBsAg)-positive pregnant women. Grantee shall ensure timely newborn post- exposure prophylaxis (PEP) with hepatitis B vaccine and hepatitis B immune globulin (HBIG), timely completion of doses two and three of hepatitis B vaccine, and timely completion of post-vaccination serologic testing (PVST). K. Be responsible for assessing and/or auditing coverage rates and/or compliance with vaccine requirements at assigned schools and childcare facilities in accordance with the Population Assessment Manual, which is distributed annually from DSHS. L. Transfer(which may include shipping)overstocked vaccines and vaccines approaching expiration to alternate providers for immediate use when instructed to do so by the DSHS Public Health Region (PHR)Immunization Program Manager to avoid vaccine waste. Grantee is responsible for covering the cost to ship overstocked vaccines and vaccines approaching expiration. M. Receive written approval from DSHS before varying from applicable policies, procedures, protocols, and/or work plans, and must update and disseminate its implementation documentation to its staff involved in activities under this Contract within forty-eight(48) hours of making approved changes. N. Review monthly Contract funding expenditures and salary savings from any Contract- paid staff vacancies and revise spending plan to ensure that all funds will be properly expended under this Contract before the end of the Contract term. O. Submit out-of-state travel requests to the Immunization Section for approval when utilizing Contract funds or program income. II. REPORTING REQUIREMENTS Grantee shall: DSHS Contract No.HHS001331300011 Page 2 of 5 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 A. Report the number of doses administered to underinsured children monthly, as directed by DSHS. B. Report the number of unduplicated underinsured clients served, as directed by DSHS. C. Complete and submit Immunization Inter-Local Agreement(ILA) Quarterly Report form, utilizing the format provided by the DSHS Immunization Section and available at haps://dshs.texas.gov/immunize/lhd.shtm by the report due date.-If the due date falls on a weekend or state approved holiday, the report is due the next business day. Report Type Reporting Period Report Due Date Programmatic 09/01/2023 to 11/30/2023 12/31/2023 Programmatic 12/01/2023 to 02/29/2024 03/31/2024 Programmatic 03/01/2024 to 05/31/2024 06/30/2024 Programmatic 06/01/2024 to 08/31/2024 09/30/2024 Submit quarterly reports electronically through an online tool according to the timeframes stated above. DSHS Immunization Section will provide instructions at the beginning of each state fiscal year through CMS. Supplemental report documents (PEAR and AFIX reports, vacancy letters, etc.) should be sent to dshsimmunizationcontracts(a�dshs.texas.gov. D. Submit the Financial Status Report(FSR-269A)biannually as outlined below. Grantee shall email the Financial Status Report(FSR-269A)to the following email address: FSR_rg antsgdshs.texas._og_v. Period Covered Due Date September 1, 2023 —February 29, 2024 February 29, 2024 March 1, 2024 - August 31, 2024 September 31, 2024 E. Maintain an inventory of equipment, supplies defined as Controlled Assets, and real property. Submit an annual cumulative report of the equipment and other property on HHS System Agency Grantee's Property Inventory Report to the designated DSHS Contract Manager and fsoequipgdshs.texas.gov by email not later than October 15 of each year. 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. F. Provide written notification of budget transfers by submission of a revised Categorical Budget Form to the designated DSHS Contract Manager, highlighting the areas affected by the budget transfer. Grantee is advised as follows: DSHS Contract No.HHS001331300011 Page 3 of 5 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 1. Transferring funds between budget categories, other than the equipment and indirect cost categories, is allowable, but cannot exceed 25% of the total Contract value during a Contract budget period. If the budget transfer(s) exceeds 25% of the total Contract value, alone or cumulatively, a formal Contract amendment is required; and 2. After review, the designated DSHS Contract Manager shall provide notification of acceptance to Grantee via email, upon receipt of which, the revised budget shall be incorporated into the Contract. 3. Grantee's budget revision is not authorized, and funds cannot be utilized until the contract amendment is executed. III. RULES Grantee shall: A. Provide services in accordance with all applicable federal and state laws, rules, regulations, standards and guidelines, as amended, including, but not limited to, the following: 1. Written policies and procedures provided by DSHS in managing vaccines supplied through the ASN and TVFC Programs, including guidelines for proper storage, handling, and safeguarding of vaccines in the event of natural disaster. 2. DSHS Immunization updated guidance according to the FY2024 Contractors Guide, located at: hltps://www.dshs.texas.gov/immunize/Responsible-Entities/Contract- Manag_ement/. 3. Texas Health and Safety Code § 1001.089 and maintain the confidentiality of any public health data obtained through provision of essential public health services as those services are defined in Texas Health and Safety Code §121.002. 4. Those terms and conditions set forth in ATTACHMENT E,DATA USE AGREEMENT. IV. PERFORMANCE MEASURES System Agency will monitor the Grantee's performance of the requirements in this ATTACHMENT A and compliance with the Contract's terms and conditions. V. INVOICE AND PAYMENT Grantee shall request monthly payments by the 30'day following the service month using the State of Texas Purchase Voucher (Form B-13) at hqp://www.dshs.texas.gov/grants/fonns.shtm. System Agency will issue reimbursement payments to Grantees on a monthly basis for reported actual cash disbursements which are supported by adequate documentation. Invoices must be submitted monthly to prevent delays in subsequent months. Grantees that do not incur expenses within a month are required to submit a"zero dollar"invoice on a monthly basis. Grantee must submit a final DSHS Contract No.HHS001331300011 Page 4 of 5 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 close-out invoice and final financial status report no later than 45 days following the end of the Contract term. Invoices received more than 45 days after the end of the Contract term are subject to denial of payment. Grantee shall electronically submit all invoices with supporting documentation to: invoices2dshs.texas.gov and CM Sinvoi cesgdshs.texas.gov and a copy to the assigned DSHS Contract Representative identified in the Signature Document. A. At a minimum, voucher should include: 1. Grantee name, address, email address, vendor identification number, and telephone number; 2. DSHS Contract or Purchase Order number; 3. Dates services were completed and/or products were delivered; 4. The total invoice amount; and 5. Any additional supporting documentation which is required by the Statement of Work or as requested by DSHS. Failure to submit required information may result in delay of payment or return of invoice. Billing invoices must be legible. Illegible or incomplete invoices which cannot be verified will be disallowed for payment. B. DSHS will pay Grantee monthly on a cost reimbursement basis and in accordance with ATTACHMENT B, BUDGET, of this Contract. DSHS will reimburse Grantee only for allowable and reported expenses incurred within the grant term. DSHS Contract No.HHS001331300011 Page 5 of 5 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ATTACHMENT B BUDGET Organization Name: Corpus Christi-Nueces County Public Health District (City) Program ID: IMM/LOCALS Contract Number: HHS001331300011 Budget Category Budget Period Category 9/1/2023-8/31/2024 Total Personnel $168,977.00 $168,977.00 Fringe Benefits $72,660.00 $72,660.00 Travel $0.00 $0.00 Equipment $0.00 $0.00 Supplies $0.00 $0.00 Contractual $0.00 $0.00 Other $0.00 $0.00 Total Direct $241,637.00 $241,637.00 Charges Indirect Charges $0.00 $0.00 Total $241,637.00 $241,637.00 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 HEALTH AND HUMAN SERVICES Contract Number HHS001331300011 Attachment C 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 1 of 13 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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.2.2 Effective May 2022 Page 2 of 13 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 • OIG Toll Free Hotline 1-800-436-6184 • OIG Website: ReportTexasFraud.com • Internal Affairs Email: InternalAffairsReferral@hhsc.state.tx.us • OIG Hotline Email: OIGFraudHotline(4�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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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.2.2 Effective May 2022 Page 8 of 13 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 9 of 13 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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: (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.2.2 Effective May 2022 Page 10 of 13 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 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. 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 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 Authorized representative on behalf of Contractor must complete and sign the following: Legal Name of Contractor Assumed Business Name of Contractor, if applicable (d/b/a or `doing business as') 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. Signature of Authorized Representative Date Signed Dr.Fauzia Khan Public Health Director Printed Name of Authorized Representative Title of Authorized Representative First,Middle Name or Initial, and Last Name Physical Street Address City, State,Zip Code Mailing Address, if different City, State,Zip Code Phone Number Fax Number Email Address DUNS Number Federal Employer Identification Number Texas Identification Number (TIN) Texas Franchise Tax Number Texas Secretary of State Filing Number SAM.gov Unique Entity Identifier (UEI) Health and Human Services Contract Affirmations v.2.2 Effective May 2022 Page 13 of 13 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 TEXAS Health and HumanServi e Health and Human Services (HHS) Uniform Terms and Conditions - Grant Version 3.2 Published and Effective — July 2022 Responsible Office: Chief Counsel DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 3.2 Effective July 2022 Page 2 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 3.2 Effective July 2022 Page 3 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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.............................................. 15 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...................................................................................................................... 19 9.1 REMEDIES............................................................................................................ 19 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............................................................... 22 ARTICLE XI. GENERAL PROVISIONS......................................................................22 11.1 AMENDMENTS..................................................................................................... 22 11.2 NO QUANTITY GUARANTEES.............................................................................. 22 HHS Uniform Terms and Conditions—Grant v 3.2 Effective July 2022 Page 4 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 11.3 CHILD ABUSE REPORTING REQUIREMENTS...................................................... 22 11.4 CERTIFICATION OF MEETING OR EXCEEDING TOBACCO-FREE WORKPLACE POLICY MINIMUM STANDARDS.......................................................................... 23 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 ............................................................... 26 11.16 FUNDING DISCLAIMERS AND LABELING............................................................ 26 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 3.2 Effective July 2022 Page 5 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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. "Party" means either the System Agency or Grantee, individually. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 6 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 "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 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.3.2 Effective July 2022 Page 7 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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.3.2 Effective July 2022 Page 8 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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:Hfmx.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.3.2 Effective July 2022 Page 9 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 10 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 B. `'Overpayments" as used in this Section include payments (i)made by the System 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 11 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 threshold amount includes federal funds passed through by way of state agency awards. 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 https:Hhhsportal.hhs.state.tx.us/heartwebextr/hhscSau or, ii. Email to: single_audit_reportghhsc.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:Hhhsportal.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, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 12 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 iii. Take necessary action to ensure that Grantee's future performance and work conform to the Grant Agreement requirements. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 13 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 14 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 15 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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. 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. B. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 16 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 17 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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. 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 RESPONSEXOMPLIANCE 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 18 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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, 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: HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 19 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 20 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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. 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 OR 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; ii ANY DELIVERABLE,WORK PRODUCT, CONFIGURED SERVICE OR OTHER SERVICE PROVIDED HEREUNDER; AND/OR iii. 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 21 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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 use the Texas Abuse Hotline Website located at https://www.txabusehotline.or"o�zin/Default.asi)x as required by the System Agency. Grantee shall retain reporting documentation on site and make it available for inspection by the System Agency. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 22 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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; 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, HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 23 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 24 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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. 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. HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 25 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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, set vices, 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 26 of 29 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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. 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 extent possible. 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 27 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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: https://hhs.texas.gov/about-hhs/your-rights/civil-rights-office/civil-rights-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 Office of Data, Analytics, and Performance. 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 HHS Uniform Terms and Conditions—Grant v.3.2 Effective July 2022 Page 28 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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.3.2 Effective July 2022 Page 29 of 29 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ATTACHMENT E 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 a manner that is not expressly an Authorized Purpose under this DUA or as Required by 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 C.ER 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. (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)(ii)(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 with all applicable laws, rules and regulations. 45 CFR 164.502(e)(1)(ii); 164.504(e)(1)(i) and(2). HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 3 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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)(ii)(E). (I) 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 PHI is 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 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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 4 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 164.504(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 DUA to 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)(ii)(J (P) CONTRACTOR will create, maintain, use, disclose, transmit or Destroy Confidential Information in a secure fashion that protects against any reasonably anticipated HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 5 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 I . 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). (U) CONTRACTOR and its Subcontractors will maintain an updated, complete, accurate and numbered list of Authorized Users, their signatures, titles and the date they HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 6 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 HIPAAPrivacy 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; • The Privacy Act of 1974; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 7 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 0 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; 0 Internal Revenue Publication 1075 — Tax Information Security Guidelines for Federal, State and Local Agencies; 0 National Institute of Standards and Technology (NIST) Special Publication 800-66 Revision I —An Introductory Resource Guide for Implementing the Health Insurance Portability and Accountability Act (HIPAA) Security Rule; a NIST Special Publications 800-53 and 800-53A —Recommended Security Controls for Federal Information Systems and Organizations, as currently revised; 0 NIST Special Publication 800-47 — Security Guide for Interconnecting Information Technology Systems; 0 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 other applicable regulatory standards identified in Section 3.01(Z), and Individually Identifiable Health Information CONTRACTOR creates, receives, maintains, uses, transmits, destroys and/or discloses in accordance with HIPAA and other applicable regulatory standards identified in Section 3.01(Z). ARTICLE 4. BREACH NOTICE, REPORTING AND CORRECTION REQUIREMENTS 4.01 Breach or Event Notification to HHS. 45 CFR 164.400-414. (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. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 8 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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@HHSC.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. (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 Event or Breach, and CONTRACTOR's investigation, including without limitation and to the extent available:For(a) - (m) below: 45 CFR 164.400-414. (a) The date the Event or Breach occurred; (b) The date of CONTRACTOR's and, if applicable, Subcontractor's Discovery; (c) A brief description of the Event or Breach; including how it occurred and who is responsible (or hypotheses, if not yet determined); (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; HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 9 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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 Breach demonstrating whether 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) CONTRACTORS recommendation for HHS's approval as to 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; (i) The steps CONTRACTOR has taken to mitigate the harm or potential harm caused (including without limitation the provision of sufficient resources to mitigate); 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; (1) A reasonable schedule for CONTRACTOR to provide regular updates during normal business hours to the foregoing in the future for response to the Event or Breach, but no less than every three (3) business days or as otherwise directed by HHS, including information about risk estimations,reporting,notification,if any, mitigation, corrective action,root cause analysis and when such activities are expected to be completed; and (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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 10 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 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 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. (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. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 11 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (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 World" 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. (A) HHS may immediately terminate this DUA and Base Contract upon a material violation of this DUA. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 12 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 (B) Termination or 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 (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 HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 13 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 parry 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 parry against whom such change, waiver, or discharge is sought to be enforced. If any provision of the Base Contract, including any General Provisions or Uniform Terms and Conditions, conflicts with this DUA, this DUA controls. HHS Data Use Agreement TACCHO VERSION(Local City and County Entities) October 23,2019 Page 14 of 15 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 TEXAS Texas HHS System - Data Use Agreement -Attachment 2 Health and Human SECURITY AND PRIVACY INQUIRY(SPI) Services If you are a bidder for a 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 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. 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, 0 No mobile device, database, server, etc.)? IF NO, STOP. THE SPI FORM IS NOT REQUIRED. 2. Entity or Applicant/Bidder Legal Name Legal Name: Corpus Christi-Nueces County Public Health Dd Legal Entity Tax Identification Number (TIN) (Last Four Numbers Only): 574 Procure ment/Contract#: HHS000812700042 Address: 1702 Horne Rd City: Corpus Christi State:Texas Zlp: 78414 Telephone #: (361)826-7200 Email Address: 3. Number of Employees, at all locations, in Total Employees: 70 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: 0 (if Applicant/Bidder will not use subcontractors,enter"0") S. Name of Information Technology Security Official A. Security Official: and Name of Privacy Official for Applicant/Bidder Legal Name: Jesus Hernandez (Privacy and Security Official may be the same person.) Address: 1201 Leopard St City: Corpus Christi State: TX ZIP: 78401 Telephone #: (361)826-3748 Email Address: jesush6@cctexas B. Privacy Official: Legal Name: Jesus Hernandez Address: 1201 Leopard St City: Corpus Christi State: TX ZIP: 78401 Telephone #: (361)826-3748 Email Address: jesush6@cctexas 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 6. Type(s)of Texas HHS Confidential Information the HIPAA CJIS IRS FTI CMS SSA PH Applicant/Bidder will create, receive, maintain, use, E✓ ❑ ❑ ❑ ❑ E✓ disclose or have access to: (Check all that apply) Other (Please List) •Health Insurance Portability and Accountability Act(HIPAA)data •Criminal Justice Information Services(CIIS)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, 2 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 0 devices and mobile drives. b. Servers. Number of Servers that are not in a data center or using Cloud Services. 0 c. Cloud Services. Number of Cloud Services in use. 0 d. Data Centers. Number of Data Centers in use. 2 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 0 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 0 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 HIPAA.) 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 0 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 b. Will Applicant/Bidder agree to require subcontractors who will access Confidential Q 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 Q 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? 0 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, Q N/A sabotage or web activities); (4) Electronic Media Liability; (5)Crime/Theft; (6)Advertising Injury and 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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 0 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 applicable provisions of HIPAA and other laws referenced in the DUA, relating Q No 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 0 Yes that limit use or disclosure of Texas HHS Confidential Information to the minimum that is 0 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 0 Yes 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): Q 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 Action Plan for Compliance with a Timeline: Compliance Date: e. Does Applicant/Bidder have current written privacy and security policies and procedures 0 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? Q No Action Plan for Compliance with a Timeline: Compliance Date: g. Does Applicant/Bidder have current written privacy and security policies and procedures Q Yes that permit only Authorized Users with up-to-date privacy and security training, and O 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 0 Yes that establish, implement and maintain proof of appropriate sanctions against any O 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: i. Does Applicant/Bidder have current written privacy and security policies and 0 Yes procedures that require updates to policies, procedures and plans following major changes with use or disclosure of Texas HHS Confidential Information within 60 Q No 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 S of 18 SECURITY AND PRIVACY INQUIRY(SPI) DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 j. Does Applicant/Bidder have current written privacy and security policies and Yes procedures that restrict permissions or attempts to re-identify or further identify 0 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 0 Yes Confidential Information outside of the United States, will Applicant/Bidder obtain the 0 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, 0 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 0 Yes procedures that require appropriate standards and methods to destroy or dispose of 0 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 0 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? 0 Yes Training of Workforce must occur at least once every year,and within 30 days of date of hiring a new 0 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder have Privacy Safeguards to protect Texas HHS Confidential Q Yes Information in oral, paper and/or electronic form? 0 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 Q Yes Authorized Users who have access to Texas HHS Confidential Information, whether oral, 0 No written or electronic? Action Plan for Compliance with a Timeline: Compliance Date: S. Does Applicant/Bidder and all subcontractors (if applicable) monitor for and remove 0 Yes terminated employees or those no longer authorized to handle Texas HHS 0 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 SECTIOR C: r ARAUYSIS AnD1 • 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 0 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 FIPS 140-2 encryption products,please refer to: http://csrc.nist.gov/puhl ications/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? 0 No Action Plan for Compliance with a Timeline: Compliance Date: 3. Does Applicant/Bidder monitor and manage access to Texas HHS Confidential Information 0 Yes (e.g., a formal process exists for granting access and validating the need for users to access 0 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 DYes password changes at least every 90 calendar days, and c) prohibit the creation of weak 0 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 5. Does each member of Applicant/Bidder's Workforce who will use, disclose, create, receive, 0 Yes transmit or maintain Texas HHS Confidential Information have a unique user name 0 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 0 Yes after 15 minutes of user inactivity in all computing devices that access or store Texas 0 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 0 Yes access) to computer systems containing Texas HHS Confidential Information? (e.g., a formal 0 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,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: htto:11csrc.Hist.gov/publications/figs Action Plan for Compliance with a Timeline: Compliance Date: 8. Does Applicant/Bidder implement computer security configurations or settings for all 0 Yes computers and systems that access or store Texas HHS Confidential Information? 0 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 0 Yes containing Texas HHS Confidential Information from unauthorized personnel and theft 0 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 10. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential 0 Yes Information that is transmitted over a public network(e.g., the Internet, WiFi, etc.)? 0 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/fips Action Plan for Compliance with a Timeline: Compliance Date: 11. Does Applicant/Bidder use encryption products to protect Texas HHS Confidential 0 Yes Information stored on end user devices (e.g., laptops, USBs, tablets, smartphones, external 0 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: htto://csrcnist.pov/publications/fips Action Plan for Compliance with a Timeline: Compliance Date: 12. Does Applicant/Bidder require Workforce members to formally acknowledge rules outlining 0 Yes their responsibilities for protecting Texas HHS Confidential Information and associated 0 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 Q Yes Authorized Users? 0 No Action Plan for Compliance with a Timeline: Compliance Date: 14. Does Applicant/Bidder prohibit the access, creation, disclosure, reception, transmission, Q Yes maintenance, and storage of Texas HHS Confidential Information with a subcontractor 0 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 15. Does Applicant/Bidder keep current on security updates/patches (including firmware, 0 Yes software and applications) for computing systems that use, disclose, access, create, 0 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, QYes maintain or store Texas HHS Confidential Information contain up-to-date anti- 0 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 0 Yes or store Texas HHS Confidential Information for abnormal activity or security concerns on 0 No a regular basis? Action Plan for Compliance with a Timeline: Compliance Date: 18. Notwithstanding records retention requirements, does Applicant/Bidder's disposal 0 Yes processes for Texas HHS Confidential Information ensure that Texas HHS Confidential 0 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 Q 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 SECURITY PLAN FOR ONLINE AND MOBILE APPLICATIONS,please refer to: https://leaiscon.com/TX/textlHB8/2017 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 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: Public Health Director To submit the completed,signed form: • Email the form as an attachment to the appropriate Texas HHS Contract Manager(s). AgencySection E:To Be Completed by Texas HHS Agency(s): Requesting Department(s): HHSC:❑ DFPS: ❑ DSHS:E✓ Department of State Health Services Immunizations Legal Entity Tax Identification Number (TIN) (Last four Only): PO/Contract(s)#: 6 4 3 2 HHS001331300011 Contract Manager: Contract Manager Email Address: Contract Manager Telephone#: Michelle Hilscher michelle.hilscher@dshs.texas.gov (512) 776-6550 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: 1246 Va i riiu ii iuma rurf.i UIVIr�r 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 (SP1) to the Data Use Agreement (DUA). Instruction item numbers below correspond to sections on the SPI form. If you are a bidder for a 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 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. 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 Official for Applicant/Bidder. As with all other fields on the SP1, this is a required field. This may be the same 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 SP1. 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 14]r-eaerai i ax mjormarion; (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, Chapter 552. Definitions for the following types of confidential information can be found the following sites: • Health Insurance Portability and Accountability Act(HIPAA)-http://www.hhs.govlhipaa/index.html • Criminal Justice Information Services(CJIS)-https.11www.fbi.gov/services/ciis/ciis-security-policy-resource-center • Internal Revenue Service Federal Tax Information (IRS FTI)-https.11www.irs.gov/pub/irs-pdflp1075.pdf • Centers for Medicare& Medicaid Services(CMS)-https.11www.cros.gov/Regulations-and-Guidance/Regulations-and- Guidance.html •Social Security Administration (SSA)-https.11www.ssa.gov/regulations/ • Personally Identifiable Information (PII)-http://csrc.nist.govlpublicationslnistpubs/800-1221sp800-122.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 Texas HHS System-Data Use Agreement-Attachment 2: Page 14 of 18 SPI Version 2.1 (06/2018) SECURITY AND PRIVACY INQUIRY(SPI) g DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 other situations usted In tnls question. IJ you are not required to have this optional coverage, answer NIA"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 necessary for 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 #id. 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. Timeframes 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#ldiii.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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 • Item#if. 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#1h. 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#11. 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 ASSESSMEW 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: 124632F9-3852-4DO5-AF77-OE041 D60DC25 item Rz.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 H H S Confidential Information. If your business uses a Microsoft Windows system, refer to the Microsoft website on how to do this, see example: htt s: 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-con figure-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/fips). 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/publicationslfips). 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: 124632F9-3852-4D05-AF77-OE041 D60DC25 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: h ttps://portal.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) DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ATTACHMENT F vTEXAS Health and Human Services Health and Human Services (HHS) Additional Provisions — Grant Funding Version 1.0 Effective: February 2021 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 1 of 8 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 TABLE OF CONTENTS 1. ELECTRICAL ITEMS........................................................................................................3 2. DISASTER SERVICES........................................................................................................3 3. NOTICE OF A LICENSE ACTION...................................................................................3 4. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY..............................................................................................4 5. THIRD PARTY PAYORS................................................................................................... 4 6. MEDICAL RECORDS RETENTION................................................................................ 4 7. INTERIM EXTENSION AMENDMENT.......................................................................... 5 8. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS.................... 5 9. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION....................................... 5 10. NOTICE OF BANKRUPTCY............................................................................................. 6 11. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL................. 6 12. BYRD ANTI-LOBBYING AMENDMENT....................................................................... 6 13. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT..........6 14. COMPLIANCE WITH LAWS, RULES,AND REQUIREMENTS................................ 6 15. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW.......................... 7 16. EXCLUDED PARTIES........................................................................................................ 7 17. NO CONFLICTS OF INTEREST (FEDERAL)................................................................ 8 18. OPEN MEETINGS............................................................................................................... 8 19. RECORDS RETENTION (FEDERAL)............................................................................. 8 Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 2 of 8 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 ADDITIONAL PROVISIONS The terms and conditions of these Additional Provisions are incorporated into and made a part of the Grant Agreement/Contract. Terms included in these Additional Provisions and not otherwise defined have the meanings assigned to them in HHS UNIFORM TERMS AND CONDITIONS, ATTACHMENT D. 1. ELECTRICAL ITEMS All electrical items purchased under this Grant Agreement/Contract or used in the performance of approved and eligible grant-funded activities must meet all applicable Occupational Safety and Health Administration (OSHA) standards and regulations, and bear the appropriate listing from Underwriters Laboratory (UL), Factory Mutual Resource Corporation (FMRC), or National Electrical Manufacturers Association (NEMA). 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/Contractor 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 A LICENSE ACTION Grantee/Contractor shall notify the assigned System Agency contract manager in writing of any action impacting Grantee/Contractor's license to provide services under this Grant Agreement/Contract within five business days of becoming aware of the action and include the following: I. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Date of the license action; and iv. License or case reference number. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 3 of 8 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 4. SERVICES AND INFORMATION FOR PERSONS WITH LIMITED ENGLISH PROFICIENCY A. Grantee/Contractor 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. Meaningful access may entail providing language assistance services, including oral interpretation and written translation, if necessary. More information can be found at https://www.lep.gov/. B. Grantee/Contractor 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/Contractor 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. 5. THIRD PARTY PAYORS A. Except as provided in this Grant Agreement/Contract, Grantee/Contractor 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. B. As applicable, the Grantee/Contractor shall: i. Enroll as a provider in Children's Health Insurance Program and Medicaid if providing approved services authorized under this Grant Agreement/Contract that may be covered by those programs and bill those programs for the covered services; it. Provide assistance to individuals to enroll in such programs when the screening process indicates possible eligibility for such programs; iii. Allow clients that are otherwise eligible for System Agency services, but cannot pay a deductible required by a third party payor, to receive services and bill the System Agency for the deductible; iv. Not bill the System Agency for any services eligible for third party reimbursement until all appeals to third parry payors have been exhausted; v. Maintain appropriate documentation from the third parry payor reflecting attempts to obtain reimbursement; vi. Bill all third parry payors for services provided under this Grant Agreement/Contract before submitting any request for reimbursement to System Agency; and vii. Provide third party billing functions at no cost to the client. 6. MEDICAL RECORDS RETENTION Grantee/Contractor shall retain medical records in accordance with 22 TAC §165.1(b) or other applicable statutes, rules and regulations governing medical information. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 4 of 8 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 7. INTERIM EXTENSION AMENDMENT A. Prior to or on the expiration date of this Grant Agreement/Contract, the Parties agree that this Grant Agreement/Contract can be extended as provided under this section. B. The System Agency shall provide written notice of interim extension amendment to the Grantee/Contractor 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/Contractor will provide and invoice for services in the same manner that is stated in the Grant Agreement/Contract. E. An interim extension under subsection (B)(i) of this section shall extend the term of the Grant Agreement/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 subsection (B)(i)of this section shall be a one-time extension for a period of time determined by the System Agency. 8. NOTICE OF CRIMINAL ACTIVITY AND DISCIPLINARY ACTIONS A. Grantee/Contractor shall immediately report in writing to its assigned System Agency contract manager when Grantee/Contractor learns of or has any reason to believe it or any person with ownership or controlling interest in Grantee/Contractor, or their agent, employee, subcontractor or volunteer who is providing services under this Grant Agreement/Contract has 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/Contractor shall not permit any person who engaged, or was alleged to have engaged, in any activity subject 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. 9. NOTICE OF GRANT AGREEMENT/CONTRACT ACTION Grantee/Contractor shall notify the assigned System Agency contract manager if Grantee/Contractor has any grant agreement or contract suspended or terminated for cause by any local, state or federal department or agency or nonprofit entity within five business days of becoming aware of the action and include the following: i. Reason for such action; ii. Name and contact information of the local, state or federal department or agency or entity; iii. Effective start date of the grant agreement/contract; iv. Date of suspension or termination; and v. Grant agreement/contract or case reference number. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 5 of 8 DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 10. NOTICE OF BANKRUPTCY Grantee/Contractor shall notify in writing the assigned System Agency contract manager of its plan to seek bankruptcy protection within five business days of such action by Grantee/Contractor. 11. NOTICE OF CHANGE OF CONTACT PERSON OR KEY PERSONNEL The Grantee/Contractor shall notify in writing the assigned System Agency contract manager within ten business days of any change to the Grantee/Contractor's Contact Person or Key Personnel. 12. BYRD ANTI-LOBBYING AMENDMENT Grantee certifies that no federal appropriated funds have been paid or will be paid to any persons or organization 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 on its behalf to obtain, extend, or modify this contract or grant. If non-federal funds are used by Grantee to conduct such lobbying activities, Grantee shall promptly file the prescribed disclosure form. In accordance with 31 U.S.C. §1352(b)(5), Grantee acknowledges and agrees that it is responsible for ensuring that each subrecipient and subcontractor certifies its compliance with the expenditures prohibition and the declaration requirement. 13. CLEAN AIR ACT AND FEDERAL WATER POLLUTION CONTROL ACT Grantee represents and warrants that it will comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). 14. COMPLIANCE WITH LAWS,RULES,AND REQUIREMENTS Grantee represents and warrants that it will comply, and assure the compliance of all its subrecipients and contractors, with all applicable federal and state laws, rules, regulations, and policies in effect or hereafter established. In addition, Grantee represents and warrants that it will comply with all requirements imposed by the awarding agency concerning special requirements of law, program requirements, and other administrative requirements. In instances where multiple requirements apply to Grantee, the more restrictive requirement applies. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 6 of 8 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 15. DISCLOSURE OF VIOLATIONS OF FEDERAL CRIMINAL LAW Grantee represents and warrants its compliance with 2 CFR §200.113 which requires the disclosure in writing of violations of federal criminal law involving fraud, bribery, and gratuity and the reporting of certain civil, criminal, or administrative proceedings to SAM. Grantee must disclose, in a timely manner in writing to System Agency and the Health and Human Services Office of Inspector General, all information related to violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award. Disclosures must be sent in writing to the Centers for Disease Control and to the Health and Human Services Office of Inspector General at the following addresses: CDC, Office of Grants Services Kathy Raible, Grants Management Officer/Specialist Centers for Disease Control and Prevention Branch 1 2939 Flowers Road, MS-TV2 Atlanta, GA 30341 Email kcr8gcdc.gov (Include"Mandatory Grant Disclosures" in subject line) AND U.S. Department of Health and Human Services Office of Inspector General ATTN: Mandatory Grant Disclosures, Intake Coordinator 330 Independence Avenue, SW Cohen Building, Room 5527 Washington, DC 20201 Fax: (202) 205-0604 (Include "Mandatory Grant Disclosures" in subject line" or Email MandatorvGranteeDisclosures(a�oig hhs. og_v Failure to make the required disclosures can result in any of the remedies described in 45 CFR 75.371. Remedies for noncompliance, including suspension or debarment(See 2 CFR Parts 180 and 376, and 31 U.S.C. 3321). 16. EXCLUDED PARTIES Grantee certifies that it is not listed in the prohibited vendors list authorized by Executive Order No. 13224, `Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism" published by the United States Department of Treasury, Office of Foreign Assets Control. Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 7 of 8 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 17. No CONFLICTS OF INTEREST(FEDERAL) Grantee represents and warrants its compliance with the Federal awarding agency's conflict of interest policies in accordance with 2 CFR § 200.112. 18. OPEN MEETINGS If the Grantee is a governmental entity, Grantee represents and warrants its compliance with Chapter 551 of the Texas Government Code which requires all regular, special, and called meetings of a governmental body to be open to the public, except as otherwise provided by law. 19. RECORDS RETENTION(FEDERAL) Grantee represents and warrants its compliance with the records retention requirements of 2 CFR §200.333. System Agency reserves the right to direct Grantee to retain documents for a longer period of time or transfer certain records to System Agency's custody when it is determined the records possess longer term retention value. Grantee must include the substance of this clause in all subaward and subcontracts. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK Health and Human Services Additional Provisions V.1.0—Grant Funding Effective: February 2021 Page 8 of 8 DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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, (j)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: 124632F9-3852-4D05-AF77-OE041 D60DC25 9. Will comply, as applicable,with the provisions of the Davis- 13. Will assist the awarding agency in assuring compliance Bacon Act(40 U.S.C. §§276a to 276a-7),the Copeland Act with Section 106 of the National Historic Preservation (40 U.S.C. §276c and 18 U.S.C. §874), and the Contract Act of 1966, as amended (16 U.S.C. §470), EO 11593 Work Hours and Safety Standards Act(40 U.S.C. §§327- (identification and protection of historic properties), and 333), regarding labor standards for federally-assisted the Archaeological and Historic Preservation Act of construction subagreements. 1974 (16 U.S.C. §§469a-1 et seq.). 10. Will comply, if applicable, with flood insurance purchase 14. Will comply with P.L. 93-348 regarding the protection of requirements of Section 102(a) of the Flood Disaster human subjects involved in research, development, and Protection Act of 1973(P.L. 93-234)which requires related activities supported by this award of assistance. recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of 15. Will comply with the Laboratory Animal Welfare Act of insurable construction and acquisition is$10,000 or more. 1966 (P.L. 89-544, as amended, 7 U.S.C. §§2131 et seq.) pertaining to the care, handling, and treatment of 11. Will comply with environmental standards which may be warm blooded animals held for research,teaching, or prescribed pursuant to the following: (a) institution of other activities supported by this award of assistance. environmental quality control measures under the National Environmental Policy Act of 1969(P.L. 91-190) and 16. Will comply with the Lead-Based Paint Poisoning Executive Order(EO) 11514; (b) notification of violating Prevention Act(42 U.S.C. §§4801 et seq.)which facilities pursuant to EO 11738; (c) protection of wetlands prohibits the use of lead-based paint in construction or pursuant to EO 11990; (d)evaluation of flood hazards in rehabilitation of residence structures. floodplains in accordance with EO 11988; (e) assurance of 17 Will cause to be performed the required financial and project consistency with the approved State management compliance audits in accordance with the Single Audit program developed under the Coastal Zone Management Act Amendments of 1996 and OMB Circular No. A-133, Act of 1972(16 U.S.C. §§1451 et seq.); (f) conformity of "Audits of States, Local Governments, and Non-Profit Federal actions to State (Clean Air) Implementation Plans Organizations." under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. §§7401 et seq.); (g) protection of 18. Will comply with all applicable requirements of all other underground sources of drinking water under the Safe Federal laws, executive orders, regulations, and policies Drinking Water Act of 1974, as amended (P.L. 93-523); governing this program. and, (h) protection of endangered species under the Endangered Species Act of 1973, as amended(P.L. 93- 19. Will comply with the requirements of Section 106(g) of 205). the Trafficking Victims Protection Act(TVPA) of 2000, as amended (22 U.S.C. 7104)which prohibits grant award 12. Will comply with the Wild and Scenic Rivers Act of recipients or a sub-recipient from (1) Engaging in severe 1968 (16 U.S.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 Public Health Director APPLICANT ORGANIZATION DATE SUBMITTED Standard Form 424B(Rev.7-97)Back DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 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:I Suffix: •Title: SIGNATURE: ' DATE: DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C.1352 OMB Number:4040-0013 Expiration Date:02/28/2025 1.*Type of Federal Action: 2.*Status of Federal Action: 3.* Report Type: a.contrail a.bid/offer/application ®a.initial filing ® b.grant ® b.initial award b.material change c.cooperative agreement ❑ c.post-award d.loan e.loan guarantee f. loan insurance 4. Name and Address of Reporting Entity: ®Prime E]SubAwardee Name Street 1 Street 2 'City State F Zip Congressional District,if known: 5. If Reporting Entity in No.4 is Subawardee, Enter Name and Address of Prime: 6.* Federal Department/Agency: 7.* Federal Program Name/Description: CFDA Number,if applicable: 8. Federal Action Number, if known: 9.Award Amount, if known: $ 10. a. Name and Address of Lobbying Registrant: Prefix First Name Middle Name Last Name Suffix Street 1 Street 2 City State Zip b. Individual PerfOrming Services (includingaddress ifdifferentfrom No.1Oa) Prefix First Name Middle Name Last Name Suffix Street 1 Street 2 City State Zip 11. Information requested through this form is authorized by title 31 U.S.C.section 1352. This disclosure of lobbying activities is a material representation of fact upon which reliance was placed by the tier above when the transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C.1352.This information will be reported to the Congress semi-annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil penalty of not less than $10,000 and not more than$100,000 for each such failure. *Signature: *Name: Prefix First Name Middle Name Last Name Suffix Title: F Telephone No.: Date: Federal Use Onl Authorized for Local Reproduction y Standard Form-LLL(Rev.7-97) DocuSign Envelope ID: 124632F9-3852-4DO5-AF77-OE041 D60DC25 TEXAS Attachment J I ©`�'Health and Human Texas Department of State 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.aov (VIN) — 14 digits: Printed Name of Authorized Representative: Signature of Authorized Representative Dr.Fauzia Khan Title of Authorized Representative Date Signed Public Health Director 1 Department of State Health Services Form 4734-April 2022 Contract Management Section DocuSign Envelope ID: 124632F9-3852-4D05-AF77-OE041 D60DC25 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 Certificate Of Completion Envelope Id: 124632F938524D05AF770E041D60DC25 Status: Sent Subject: Please DocuSign: HHS001331300011 Corpus Christi-Nueces Co FY24 IMM LOCALS Source Envelope: Document Pages: 101 Signatures: 0 Envelope Originator: Certificate Pages:5 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: 167.137.1.18 Record Tracking Status: Original Holder: CMS Internal Routing Mailbox Location: DocuSign 5/22/2023 1:21:54 PM CMS.InternalRouting@dshs.texas.gov Signer Events Signature Timestamp Dr. Fauzia Khan Sent:5/22/2023 1:29:13 PM fauziak@cctexas.com Resent:6/19/2023 1:26:18 PM Public Health Director Viewed:6/20/2023 9:16:08 AM Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Accepted:5/22/2023 4:48:53 PM ID:b6bcf5bd-69b1-41a5-9198-2e11dc0143ff Helen Whittington helen.whittington@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Patty Melchior Patty.MeIchior@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kirk Cole kirk.cole@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign 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 Carbon Copy Events Status Timestamp dante Gonzalez Sent:5/22/2023 1:29:12 PM danteg@cctexas.com ED Assistant Director of Public Health Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Michelle Hilscher michelle.hilscher@dshs.texas.gov Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign CMS Inbox cmucontracts@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 5/22/2023 1:29:12 PM Envelope Updated Security Checked 6/1/2023 2:40:31 PM Envelope Updated Security Checked 6/1/2023 2:40:31 PM Envelope Updated Security Checked 6/1/2023 2:40:31 PM 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: Dr. Fauzia Khan 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. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through the DocuSign system all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process,please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact DSHS Contract Management Section: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: alison.joffrion@hhsc.state.tx.us To advise DSHS Contract Management Section of your new email address To let us know of a change in your email address where we should send notices and disclosures electronically to you, you must send an email message to us at alison.joffrion@hhsc.state.tx.us and in the body of such request you must state: your previous email address, your new email address. We do not require any other information from you to change your email address. If you created a DocuSign account, you may update it with your new email address through your account preferences. To request paper copies from DSHS Contract Management Section To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email address, full name, mailing address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with DSHS Contract Management Section To inform us that you no longer wish to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your signing session, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an email to alison.joffrion@hhsc.state.tx.us and in the body of such request you must state your email, full name, mailing address, and telephone number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software The minimum system requirements for using the DocuSign system may change over time. The current system requirements are found here: haps://support.docusign.com/guides/signer-guide- signi_ ng-system-requirements. Acknowledging your access and consent to receive and sign documents electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you,please confirm that you have read this ERSD, and (i)that you are able to print on paper or electronically save this ERSD for your future reference and access; or(ii)that you are able to email this ERSD to an email address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format as described herein, then select the check-box next to `I agree to use electronic records and signatures' before clicking `CONTINUE' within the DocuSign system. By selecting the check-box next to `I agree to use electronic records and signatures', you confirm that: • You can access and read this Electronic Record and Signature Disclosure; and • You can print on paper this Electronic Record and Signature Disclosure, or save or send this Electronic Record and Disclosure to a location where you can print it, for future reference and access; and • Until or unless you notify DSHS Contract Management Section as described above, you consent to receive exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you by DSHS Contract Management Section during the course of your relationship with DSHS Contract Management Section. Two Reading Ordinance Ordinance authorizing acceptance and future amendments of the Immunization/Locals (IMM/LOCALS) Grant Program in the amount of $241 ,637.00, from the Texas Department of State Health Services and appropriating $241 ,637.00 in the Health Grant Fund to implement and operate an immunization program servicing children, adolescents, and adults for the period September 1 , 2023, through August 31 , 2024; and appropriating related program income in the estimated amount of $20,000.00 in the Health Grants Fund. City Council July 25, 2023 Background and Staff Recommendation • Immunizations Services Grant Program o To be used to provide for personnel costs to provide immunizations to eligible children, adolescents, and adults, with special emphasis on accelerating strategic interventions to improve their vaccine coverage levels within the jurisdiction of the Corpus Christi-Nueces County Public Health District (CCNCPHD). o September 1 , 2023 through August 31 , 2024 • Total Operating budget is $241 ,637 with 20,000 expected Program Income o There is no fiscal impact. The grant requires no match. All positions are 100% grant funded. • Staff Recommendation: Approval of the two reading ordinance. se o v AGENDA MEMORANDUM Public Hearing and First Reading Ordinance for the 07/25/23 NIOfl POP Pt E 1852 Second Reading Ordinance for 08/08/23 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Director Development Services alraymond(a)cctexas.com (361) 826-3575 Wastewater Trunk Line Extension Construction and Reimbursement Agreement with Grangefield Development, LLC for Off-site wastewater improvements for Oso Ranch Unit 1 Subdivision CAPTION: Ordinance authorizing a Wastewater Trunk System Construction Reimbursement Agreement ("Agreement") up to $1,382,148.68 with Grangefield Development, LLC ("Developer") to construct a required wastewater trunk line extension for the proposed residential development of Oso Ranch Unit 1 located in Flour Bluff and requiring construction completion within 24 months; transferring $434,396.35 collectively from the Water Trust Funds and Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $808,539.84 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $573,608.84 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of$573,608.84 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. SUMMARY: Grangefield Development, LLC. is developing a new residential subdivision named Oso Ranch Unit 1 and is requesting funds to construct water distribution main improvements associated with the development. The estimated one-time cost of the improvements is $1,382,148.68. BACKGROUND AND FINDINGS: The Developer, Grangefield Development, LLC has requested reimbursement through a reimbursement agreement for a residential subdivision named Oso Ranch Unit 1, located in Flour Bluff in the Encinal Farm and Garden Tracts. Oso Ranch Unit 1 preliminary plat was approved by Planning Commission on March 23, 2022. The development, located in Flour Bluff, plans for 226 single family homes on 45.523 acres including street dedications. The off-site wastewater trunk line extension improvements consist of 991 linear feet of 24" SDR 26 PVC pipe. The term of the agreement is 24 months. The project is consistent with the City's Wastewater Collection Line Construction Standards. The project is eligible for reimbursement from the Wastewater Trunk System Trust Fund per UDC Section 8.5.2.E. ALTERNATIVES: This project will improve and facilitate development of the new Oso Ranch Unit 1 Subdivision. An alternative to utilizing trust funds to construct the wastewater collection line improvements would be to construct them with a city-initiated CIP project. This option would most likely delay the construction until the required funding for the improvements could be programmed into the CIP budget and would most likely impact the developer's ability to build out his planned subdivision in a timely manner. FINANCIAL IMPACT: The total estimated project cost for the Wastewater Trunk System improvements is $1,382,148.68. Any available funds and any future funds from the collective trust funds will be appropriated to fund this project. Funding Detail: Fund: 4220 Wastewater Trunk System Trust Fund Organ ization/Activity: 21800 Mission Element: 777 Project # (CIP Only): N/A Account: 540450 Reimbursement to Developers RECOMMENDATION: Staff recommends approval. The project is in accordance with UDC Section 8.5.2.E. LIST OF SUPPORTING DOCUMENTS: Ordinance (with exhibit) Presentation Certification of Funds Location Map Ordinance authorizing a Wastewater Trunk System Construction Reimbursement Agreement ("Agreement") up to $1,382,148.68 with Grangefield Development, LLC ("Developer") to construct a required wastewater trunk line extension for the proposed residential development of Oso Ranch Unit 1 located in Flour Bluff and requiring construction completion within 24 months; transferring $434,396.35 collectively from the Water Trust Funds and Wastewater Collection Line Trust Fund to the Wastewater Trunk System Trust Fund; appropriating $808,539.84 from the Wastewater Trunk System Trust Fund; transferring of future revenue of $573,608.84 collectively from Water and Wastewater lot and acreage fees and pro rate fees to the Wastewater Trunk System Trust Fund; authorizing appropriation of$573,608.84 from the Wastewater Trunk System Trust Fund to reimburse the Developer per the agreement. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 23, 2022, to develop a tract of land, approximately 45.523 acres known as Oso Ranch Unit 1; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Wastewater Trunk System ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is in the best interests of the City to have the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; and WHEREAS, the City's participation as Trustee does not create a loan of its credit because Texas Constitution Article 1.1, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit; WHEREAS, execution of the Agreement constitutes a promise to pay only to the extent that the assets and future assets of the trust are sufficient for such purpose and that any judgement will only be satisfied out of the assets of the trust and not out of the City's assets and the City is excluded from personal liability; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements under the Agreement; WHEREAS, a construction and reimbursement agreement must be approved by the City Council before the developer starts construction. Reimbursement only shall be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund. The order of the reimbursement will be determined according to the date construction and reimbursement agreement is approved by the City Council; WHEREAS, the Agreement approved herein will be first in line in the order for reimbursement from the Wastewater Trunk System Trust Fund based on the date the agreement is approved by the City Council per UDC 8.5.3.E; and WHEREAS, If the developer is owed funds from the Wastewater Trunk System Trust Fund reimbursement shall be made as funds are deposited into the trust fund from other development and/or, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk per UDC 8.5.3.E. 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 a Wastewater Trunk System Construction and Reimbursement Agreement ("Agreement"), attached hereto, for up to $1,382,148.68 with Grangefield Development, LLC ("Developer"), for the extension of a 24-inch wastewater trunk system, including all related appurtenances, for the development of Oso Ranch Unit 1 Subdivision, Corpus Christi, Nueces County, Texas. SECTION 2. In the event of a project delay, the City Manager or designee is authorized to execute an extension of the agreement for a period not to exceed a period of 24 months. SECTION 3. Funding in the amount of $323,942.79 is transferred from the No. 4030-21805- 777 Water Arterial Transmission and Grid Main Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 4. Funding in the amount of $40,944.27 is transferred from the No. 4030-21806- 777 Water Distribution Main Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 5. Funding in the amount of $69,509.29 is transferred from the No. 4220- 21801-777 Wastewater Collection Line Trust to the No.4220-21800-777 Wastewater Trunk System Trust Fund. SECTION 6. Funding in the amount of$808,539.84 is appropriated from the No.4220-21800- 777 Wastewater Trunk System Trust Fund to reimburse the Developer for the construction of a Wastewater Lift Station, Gravity and Force Main Line, and improvements in accordance with the Agreement. SECTION 7. The future revenue of the Water Arterial Transmission and Grid Main Trust Fund, Distribution Mains Trust Fund, and Wastewater Collection Line Trust Fund are transferred to the Wastewater Trunk System Trust Fund until $573,608.84 is appropriated from the No.4220-21800-777 Wastewater Trunk System Trust Fund by way of water and wastewater lot and acreage fees and pro-rata fees being deposited into the Wastewater Trunk System Trust Fund until $573,608.84 is appropriated from the No.4220-21800-777 Wastewater Trunk System Trust Fund in accordance with Section 8 of this ordinance. SECTION 8. The City Manager or designee is authorized to appropriate $573,608.84 from the No.4220-21800 Wastewater Trunk System Trust Fund as fund become available to reimburse the Developer for the construction of a Wastewater Lift Station, Gravity and Force Main Line, and improvements in accordance with the Agreement. SECTION 9. 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 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor WASTEWATER TRUNK LINE SYSTEM EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT This Wastewater Trunk Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ("City"), a Texas home-rule municipality, and Grangefield Development, LLC ("Developer/Owner"), a Texas Limited Liability Company. WHEREAS, the Developer/Owner, in compliance with the City's Unified Development Code ("UDC"), has a plat, approved by the Planning Commission on March 23, 2022 to develop a tract of land, to wit approximately 45.523 acres known as Oso Ranch located in Flour bluff and Encinal Farm and Garden Tracts as shown in the attached Exhibit 1, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, under the UDC, the Developer/Owner is responsible for construction of the Trunk Line ("Wastewater Improvements"); WHEREAS, under the UDC, the Developer/Owner is eligible for reimbursement of the Developer/Owner's costs for the construction of Wastewater Improvements; WHEREAS, it is to the best interest of the City that the Wastewater Improvements be constructed to its ultimate capacity under the City's applicable Master Plan; WHEREAS, Section 8.5.2.E. of the UDC authorizes the acceptance of applications to be eligible for reimbursement in the future when funds become fully available in the Wastewater Trunk System Trust Fund and are appropriated by the City Council; WHEREAS, the Developer/Owner has submitted an application for reimbursement of the costs from the Wastewater Trunk System Trust Fund for installing the Wastewater Improvements, as shown in Exhibit 2, the content of such exhibit being incorporated by reference into this Agreement; WHEREAS, the Wastewater Trunk System Trust Fund does not currently have sufficient funds to fully reimburse Developer/Owner for Wastewater Improvements; and WHEREAS, Developer/Owner may be paid when assets of the Wastewater Trunk System Trust Fund are sufficient, authorized for such purpose, and Developer/Owner has priority per UDC §8.5.2. E. NOW, THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, the parties do covenant and agree as follows: 1. TRUSTEE LIABILITY. a. The City is executing this agreement as trustee of the Wastewater Trust Fund pursuant to UDC §8.5. The City is acting as trustee to further its governmental functions of providing water and sewer service. Texas Constitution Article 11, Section 3 prohibits the City from becoming a subscriber to the capital of any private corporation or association, or make any appropriation or donation to the same, or in anywise loan its credit. As such, the City's participation as Trustee does not create a loan of its credit. Execution of this agreement constitutes a promise to pay only to the Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 1 of 12 extent that the assets and future assets of the trust are sufficient for such purpose and it is expressly agreed that any judgment will only be satisfied out of the assets of the trust and not out of the City's assets. The City is excluded from personal liability. b. The Wastewater Sanitary Sewer Trunk Line Trust Fund was established by Ordinance No. 17396 to encouraging the orderly development of subdivisions within and surrounding the City of Corpus Christi, Texas and continues pursuant Texas Local Government Code §395.001(4)(C). The revenue generated for funding and continuation of the Wastewater Sanitary Sewer Trunk Line Trust Fund is subject to legislation of the State of Texas and the City of Corpus Christi. Nothing in this agreement guarantees neither the continuation nor future revenues of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The City is not liable for modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund. The Developer/Owner agrees that any modification or termination of the Wastewater Sanitary Sewer Trunk Line Trust Fund is a legislative action and does not constitute a breach of trust, an act of bad faith, an intentional or reckless indifference to the interest of a beneficiary, or a profit derived by the trustee from a breach of trust. 2. PLANS AND SPECIFICATIONS. a. Developer/Owner shall contract with a professional engineer licensed in the State of Texas and acceptable to the City's Development Services Engineer to prepare plans and specifications for the Wastewater Improvements, as shown in the attached Exhibit 3, the content of such exhibit being incorporated by reference into this Agreement, with the following minimum requirements: CONSTRUCTION ITEMS (AS PROVIDED BY OWNER) ITEM ITEM TOTAL VALU E NO. DESCRIPTION UNITS QTY UNIT PRICE OF ITEM ($) 1 MOBILIZATION (5%) LS 1 $61,793.18 $61,793.18 2 BONDS AND INSURANCE (2%) LS 1 $24,717.27 $24,717.27 3 SWPP DEVICES LS 1 $4,500.00 $4,500.00 4 TRAFFIC CONTROL LS 1 $15,000.00 $15,000.00 5 TRENCH SAFETY FOR WASTEWATER LINES LF 1,010 $17.15 $17,321.50 6 TRENCH SAFETY FOR WASTEWATER MANHOLE EA 4 $1,120.00 $4,480.00 7 8" SDR 26 PVC LF 20 $318.00 $6,360.00 8 8" CAP EA 1 $1,620.00 $1,620.00 9 12" SDR 26 PVC LF 20 $414.00 $8,280.00 10 12" CAP EA 1 $1,860.00 $1,860.00 11 24" SDR 26 PVC LF 991 $798.00 $790,818.00 12 24" CAP EA 1 $4,500.00 $4,500.00 13 WASTEWATER MANHOLE EA 3 $49,200.00 $147,600.00 14 WASTEWATER TIE IN EA 1 $18,600.00 $18,600.00 15 PAVEMENT REPAIR- HMAC SF 170 $120.00 $20,400.00 16 WELL POINTS AND ALL REQUIRED DISCHARGE PIPING LF 991 $114.00 $112,974.00 17 EXISTING UTILITY LINE PROTECTION LF 100 $65.50 $6,550.00 Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 2 of 12 SUBTOTAL: $1,247,373.95 10%Contingincies $124,737.40 SUBTOTAL: $1,372,111.35 PROFESSIONAL SERVICES ITEM ITEM TOTAL VALU E NO. DESCRIPTION UNITS QTY UNIT PRICE OF ITEM ($) 1 ENGINEERING AND CONSTRUCTION DRAWINGS LS 1 $107,737.13 $107,737.13 SUBTOTAL: $107,737.13 TOTAL CONSTRUCTION AND PROFESSIONAL FEES: $1,479,848.48 b. The plan must be in compliance with the City's master plans. c. The plans and specifications must comply with the City's Wastewater Standards Detail Sheets and Standard Specifications. d. Before the Developer/Owner starts construction, the plans and specifications must be approved by the City's Development Services Engineer 3. REIMBURSEMENT. a. The cost for the Wastewater Improvements less $97,699.80 lot/acreage fee credit is $1,382,148.68. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund and the appropriation of funds, the City will reimburse the developer, the reasonable actual cost of the Wastewater Improvements up to an amount not to exceed $1,382,148.68 as shown in the attached Exhibit 4, the contents of such exhibit being incorporated by reference into this Agreement. b. Subject to the conditions for reimbursement from the Wastewater Trunk Line System Trust Fund per the UDC and this agreement, the City agrees to reimburse the Developer/Owner on a monthly basis upon invoicing for work performed. The submitted invoice shall be deemed administratively complete by the City prior to payment. The reimbursement will be made no later than 30 days from the date of the City's administrative approval of the invoice. Developer/Owner shall submit all required performance bonds and proof of required insurance under the provisions of this Agreement. c. Cost-supporting documentation to be submitted shall include: 1. Summary of Costs and Work Performed on Form provided by the Development Services Department. 2. Contractor and professional services invoices detailing work performed. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 3 of 12 3. The first reimbursement request requires submittal of invoices for work performed. Future disbursements shall provide evidence of payment by the developer/owner through a cancelled check or bank ACH for the previous submittal. The final reimbursement request shall require evidence that all invoices to date have been paid. d. To be eligible for reimbursement, the work must be constructed in a good and workmanlike manner and must have been inspected and accepted by the City. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. e. The final 5% of the total contract reimbursement amount will be held as retainage until such time the City issues acceptance of public infrastructure in accordance with Unified Development Code. f. In the event that this Agreement is terminated by the City as a result of an uncured default by the Developer/Owner and at a time when there has been a partial completion and/or partial payment for the improvements, then the City shall only reimburse the Developer/Owner for its costs that were legitimately incurred towards the completion of the improvements that have been inspected and accepted by the City up to the time that the uncured default occurred. 4. PAYMENTS, CREDITS, AND DEFERRED REIMBURSEMENT. a. All payments, credits, priority of reimbursement, and deferred reimbursement shall be made in accordance with UDC §8.5. Developer/Owner understands and agrees that if funds are not available in the Wastewater Trunk System Trust Fund, that reimbursement will not be made until such funds are available, appropriated, and Developer/Owner has priority per UDC §8.5.2. Pursuant UDC §8.5.2. E., priority is determined according to the date the reimbursement agreement is approved by the City Council. b. Payments will not be paid when funds are not available in the Wastewater Trunk System Trust Fund. Payments may be made when monies are available in and appropriated from the Wastewater Trunk System Trust Fund and the Developer/Owner has priority in accordance with UDC §8.5.2. E. c. If the developer is owed funds from the Wastewater Trunk System Trust Fund, the developer will be given credit for lot or acreage fees that are due on subsequent final plats filed with the County Clerk in accordance with UDC §8.5.2. E. The amounts credited will be deducted from the outstanding amounts owed to the developer by the Wastewater Trunk System Trust Fund until the total amount owed has been paid, provided that the lands being platted are within or contiguous to the boundaries of the preliminary plat of the originally developed property, the land will be served by the wastewater trunk line for which the credit was given, and an extension of the trunk line was not required to serve the land. 5. DEVELOPER/OWNER TO COMPLETE IMPROVEMENTS. Developer/Owner shall award a contract and complete the Wastewater Improvements under the approved plans and specifications within 24 months from the date of City Council approval of this agreement. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 4 of 12 6. NOTICES. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other party in writing at the following address: 1. If to the Developer/Owner: Grangefield Development, LLC P.O. Box 271996 Corpus Christi, Texas 78427 2. If to the City: City of Corpus Christi Attn: Director, Development Services Department 2406 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 with a copy to: City of Corpus Christi Attn: Assistant City Manager, Business Support Services 1201 Leopard Street 78401 P. O. Box 9277 Corpus Christi, Texas 78469-9277 b. Notice must be made by United States Postal Service, First Class mail, certified, return receipt requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. c. Either party may change the address for notices by giving notice of the change under the provisions of this section. 7. REQUIRED CONSTRUCTION. Developer/Owner shall construct the Wastewater Improvements in compliance with the City's UDC, the City's Infrastructure Design Manual, and all local, state and federal laws, codes and regulations, in accordance with the plans and specifications submitted to the City's Development Services Department and reviewed and approved by the City's Development Services Engineer. 8. SITE IMPROVEMENTS. Prior to the start of construction of the Wastewater Improvements, Developer/Owner shall acquire and dedicate to the City the required additional public utility easements ("Easements"), if any, necessary for the completion of the Wastewater Improvements. If any of the property needed for the Easements is owned by a third party and the Developer/Owner is unable to acquire the Easements through reasonable efforts, then the City may use its powers of eminent domain to acquire the Easements. Developer will be responsible for cost of acquisition, payable from the reimbursement agreed to in this agreement. 9. PLATTING FEES. Developer/Owner shall pay to the City the required acreage fees and pro- rata fees as required by the UDC. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 5 of 12 10. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 11. PROMPT AND GOOD FAITH ACTIONS. The parties shall act promptly and in good faith in performing their duties and obligations under this Agreement. If this Agreement calls for review or inspections by the City, then the City's reviews or inspections must be completed thoroughly and promptly. 12. DEFAULT. The following events shall constitute default: a. Developer/Owner fails to engage a professional engineer for the preparation of plans and specifications by the 10th calendar day after the date of approval of this Agreement by the City Council. b. Developer/Owner's professional engineer fails to submit the plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer/Owner fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer/Owner's contractor does not reasonably pursue construction of the Wastewater Improvements under the approved plans and specifications. e. Developer/Owner's contractor fails to complete construction of the Wastewater Improvements, under the approved plans and specifications as provided in section 4 of this agreement. f. Either the City or the Developer/Owner otherwise fails to comply with its duties or obligations under this Agreement. 13. NOTICE AND CURE. a. In the event of a default by either party under this Agreement, the non-defaulting party shall deliver notice of the default, in writing, to the defaulting party stating, in sufficient detail, the nature of the default and the requirements to cure such default. b. After delivery of the default notice, the defaulting party has 15 business days from the delivery of the default notice ("Cure Period") to cure the default. c. In the event the default is not cured by the defaulting party within the Cure Period, then the non-defaulting party may pursue its remedies in this section. d. Should Developer/Owner fail to perform any obligation or duty of this Agreement, the City shall give notice to Developer/Owner, at the address stated in section 6, of the need to perform the obligation or duty, and should Developer/Owner fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer/Owner by reducing the reimbursement amount due Developer/Owner. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 6 of 12 e. In the event of an uncured default by the Developer/Owner, after the appropriate notice and Cure Period, the City has all its common law remedies and the City may: 1. Terminate this Agreement after the required notice and opportunity to cure the default; 2. Refuse to record a related plat or issue any certificate of occupancy for any structure to be served by the project; and/or 3. Perform any obligation or duty of the Developer/Owner under this Agreement and charge the cost of such performance to the Developer/Owner. The Developer/Owner shall pay to the City the reasonable and necessary cost of the performance within 30 days from the date the Developer/Owner receives notice of the cost of performance. In the event the Developer/Owner pays the City under the preceding sentence and is not otherwise in default under this Agreement, then the Agreement shall be considered in effect and no longer in default. f. In the event of an uncured default by the City after the appropriate notice and Cure Period, the Developer/Owner has all its remedies at law or in equity for such default. 14. FORCE MAJEURE. a. The term "force majeure" as employed in this Agreement means and refers to acts of God; strikes, lockouts, or other industrial disturbances; acts of public enemies; insurrections; riots; epidemics; landslides; lightning; earthquakes; fires; hurricanes; storms; floods; washouts; droughts; arrests; civil disturbances; explosions; or other causes not reasonably within the control of the party claiming the inability. b. If, by reason of force majeure, either party is rendered wholly or partially unable to carry out its obligations under this Agreement, then the party claiming force majeure shall give written notice of the full particulars of the force majeure to the other party within ten (10) business days after the occurrence or waive the right to claim it as a justifiable reason for delay. The obligations of the party giving the required notice, to the extent affected by the force majeure, are suspended during the continuance of the inability claimed but for no longer period, and the party shall endeavor to remove or overcome such inability with all reasonable dispatch. 15. THIRD-PARTY BENEFICIARY. Developer/Owner's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the Wastewater Improvements, contracts for testing services, and contracts with the contractor for the construction of the Wastewater Improvements must provide that the City is a third-party beneficiary of each contract. 16. PERFORMANCE AND PAYMENT BONDS. Developer/Owner shall, before beginning the work that is the subject of this Agreement, furnish a performance bond payable to the City of Corpus Christi if the contract is in excess of$100,000 and a payment bond if the contract is in excess of$50,000. Bonds furnished must meet the requirements of Texas Insurance Code 3503, Texas Government Code 2253, and all other applicable laws and regulations. The performance or payment bond must name the City as an obligee. If the Developer/Owner is not Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 7 of 12 an obligor, then Developer/Owner shall be named as a joint obligee. The bond must clearly and prominently display on the bond or on an attachment to the bond: (1) the name, mailing address, physical address, and telephone number, including the area code, of the surety company to which any notice of claim should be sent; or (2) the toll-free telephone number maintained by the Texas Department of Insurance under Subchapter B, Chapter 521, Insurance Code, and a statement that the address of the surety company to which any notice of claim should be sent may be obtained from the Texas Department of Insurance by calling the toll-free telephone number. 17. DEDICATION OF WASTEWATER IMPROVEMENTS. Upon completion of the construction, dedication of Wastewater Improvements will be subject to City inspection and approval. 18. WARRANTY. Developer/Owner shall fully warranty the workmanship of and function of the Wastewater Improvements and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City's Director of Engineering Services. 19. INDEMNIFICATION. Developer/Owner covenants to fully indemnify, save and hold harmless the City of Corpus Christi, its officers, employees, and agents, ("indemnitees") against any and all liability, damage, loss, claims, demands suits and causes of action of any nature whatsoever asserted against or recovered from city on account of injury or damage to person including, without limitation on the foregoing, workers compensation and death claims, or property loss or damage of any other kind whatsoever, to the extent any injury, damage, or loss may be incident to, arise out of, be caused by, or be in any way connected with, either proximately or remotely, wholly or in part, the Developer/Owner's failure to comply with its obligations under this agreement or to provide city wastewater service to the development, including injury, loss, or damage which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with the construction, installation, existence, operation, use, maintenance, repair, restoration, or removal of the public improvements associated with the development described above, including the injury, loss or damage caused by the sole or contributory negligence of the indemnitees or any of them, regardless of whether the injury, damage, loss, violation, exercise of rights, act, or omission is caused or is claimed to be caused by the contributing or concurrent negligence of indemnitees, or any of them, but not if caused by the sole negligence of indemnitees, or any of them, unmixed with the fault of any other person or entity, and including all expenses of Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 8 of 12 litigation, court costs, and attorneys fees, which arise, or are claimed to arise, out of or in connection with the asserted or recovered incident. This indemnity specifically includes all claims, damages, and liabilities of whatever nature, foreseen or unforeseen, under any hazardous substance laws, including but not limited to the following: (a) all fees incurred in defending any action or proceeding brought by a public or private entity and arising from the presence, containment, use, manufacture, handling, creating, storage, treatment, discharge, release or burial on the property or the transportation to or from the property of any hazardous substance. The fees for which the developer/owner shall be responsible under this subparagraph shall include but shall not be limited to the fees charged by (i) attorneys, (ii) environmental consultants, (iii) engineers, (iv) surveyors, and (v) expert witnesses. (b) any costs incurred attributable to (i) the breach of any warranty or representation made by Developer/Owner in this agreement, or (ii) any cleanup, detoxification, remediation, or other type of response action taken with respect to any hazardous substance on or under the property regardless of whether or not that action was mandated by the federal, state or local government. This indemnity shall survive the expiration or earlier termination of the agreement. 20. ASSIGNMENT OF AGREEMENT. This Agreement or any rights under this Agreement may not be assigned by the Developer/Owner to another without the written approval and consent of the City's City Manager. 21. DISCLOSURE OF INTEREST. Developer/Owner agrees, in compliance with the Corpus Christi Code of Ordinance Sec. 2-349, to complete, as part of this Agreement, the Disclosure of Interest form attached to this Agreement as Exhibit 5. 22. CERTIFICATE OF INTERESTED PARTIES. Developer/Owner agrees to comply with Texas Government Code section 2252.908 and complete Form 1295 Certificate of Interested Parties as part of this agreement. Form 1295 requires disclosure of"interested parties" with respect to entities that enter contracts with cities. These interested parties include: Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 9 of 12 (1) persons with a "controlling interest" in the entity, which includes: a. an ownership interest or participating interest in a business entity by virtue of units, percentage, shares, stock or otherwise that exceeds 10 percent; b. membership on the board of directors or other governing body of a business entity of which the board or other governing body is composed of not more than 10 members; or c. service as an officer of a business entity that has four or fewer officers, or service as one of the four officers most highly compensated by a business entity that has more than four officers. (2) a person who actively participates in facilitating a contract or negotiating the terms of a contract with a governmental entity or state agency, including a broker, intermediary, adviser or attorney for the business entity. Form 1295 must be electronically filed with the Texas Ethics Commission at https://www.ethics.state.tx.us/whatsnew/elf info form1295.htm. The form must then be printed, signed, notarized and filed with the City. For more information, please review the Texas Ethics Commission Rules at.https://www.ethics.state.tx.us/legal/ch46.html. 23. CONFLICT OF INTEREST. Developer/Owner agrees to comply with Chapter 176 of the Texas Local Government Code and file Form CIQ with the City Secretary's Office, if required. For more information and to determine if you need to file a Form CIQ, please review the information on the City Secretary's website at http://www.cctexas.com/government/city secretary/conflict-disclosure/index 24. AUTHORITY. All signatories signing this Agreement warrant and guarantee that they have the authority to act on behalf of the entity represented and make this Agreement binding and enforceable by their signature. 25. EFFECTIVE DATE. This Agreement becomes effective and is binding upon and inures to the benefit of the City and the Developer/Owner and their respective heirs, successors, and assigns from and after the date of final execution by all parties. Remainder of page intentionally left blank; signature page to follow. Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 10 of 12 EXECUTED IN ONE ORIGINAL this day of ' 20 ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Albert J. Raymond III, AIA, CBO City Secretary Director of Development Services APPROVED AS TO LEGAL FORM: Buck Brice (Date) Assistant City Attorney For City Attorney Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 11 of 12 DEVELOPER/OWNER: Grangefield Development, LLC P.O. Box 271996 Corpus Christi, Texas 78427 By: Jacqueline Azali President STATE OF TEXAS § COUNTY OF § This instrument was acknowledged before me on 20_, by Jacqueline Azali, President of Grangefield Development, LLC., a Texas Corporation, on behalf of said corporation. Notary Public's Signature Standard Form Wastewater Trunk System Trust Fund Reimbursement Agreement Approved to legal form BB 4.2.21 Page 12 of 12 PRELIMINARY PLAT OF O OSO RANCH Exhibit 1 A 45.523 ACRE TRACT OUT OF LOTS 11 THRU 17, SECTION 40,FLOUR BLUFF AND ENCINAL FARM AND 111 lllIII �JJ GARDEN TRACTS, AS SHOWN ON MAP VOLUME A, _. ------- PAGES 41 - 43, MAP RECORDS NUECES COUNTY, ""`°°"'°""°`°"""°`�"°°�""""""""" TEXAS. SAID 45.523 ACRE TRACT ALSO BEING OUT _ mvaocsev.xeeavPviwwvPw a.-e—_—_ OF THE TRACTS DESCRIBED IN DEEDS RECORDED aEa�oo�� Ma.K IN DOCUMENT NUMBERS 2021053987 AND °E��1H1°' 2021053989, OFFICIAL PUBLIC RECORDS OF aoo� EM NUECES,COUNTY,TEXAS. — o � asses aa° asses ea°s a°sem aa 'i tee.... =a_ � n LOCATION MAPHi— Hf.' o n 67W 11 o w w s � � fi 7 o V Y=m© ga; w TYPE LI—C — 46—FOOT RIGHT—OF—WAY §' TYPICAL STREET CROSS SECTION' ' xm.e�c r HAS 2 oz s - - - -- -- -_ - — —R, - — o a� e�ae e=e a c c c c c e a a a c c c e e e c c c c c m m m m ess� Zl r r r r a TYPE C1 — 60—FOOT RIGHT—OF—WAY TYPICAL STREET CROSS SECTION z � w, 1 oa°aoenuor o.exuwmerea ww.eeeeaowm,M kms. aa°�Ea .�-ee�.oa ,eeeek�., � ae°�ea ��`,� � ©eaoew�eer o noew.+,wa�,ere a wee-ee�.ee neee.�.� 3 ----------—----------------—----- —------- T I 1 11775 .... .... 0 �gl o ae�rzeaE oar ----—------ -T p E)xxrzI pas oeHE 67W 11 7 d L 3S tfHd L 3StfHd PHA'EM PHA2 � 1 f M MM LZV --------------- ----- i ass r esxenoxm KOON ------------------ MW Ml" t lo ! � /�+ - «-mT ,ar,�z m� mwrROS: :ma \c - s m< RIGHT-OF-WAY ��c sm _s «a, � � \ \ � A | § \/ | � - )J | Exhibit 2 ,� ��. 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" t FA'"«Je C r�!'1 M ,.y00 ar"dkAw ..r,A r^rr.M FRP& r"4 :IYfl� �ary"s 8 rPr b°r'•µ+�-vr*.a:;eY► •FwM"I M-5° tran+Hili pace•,ar,r«a.br. .� n'lrikrM7C rr,wrciati'K rfrW6 '�'R+r'rw rx°.ParOlfl*6*40�0* rttafn W-0*w v.MFW14 CAC f#a rC@317r JW Reimbursement Agreement Application Development 5crvice5 Department 1^1'7 mail Co.C4 ot corpm criri%6 DeVeLopff*nt Serywas 244 Laopard St SuRe 100 Corpus Chfttl,Texn 73400 Date: 0710612= Panch Unit I Master Plan Wastewater Improvements 7 t 1 1 ,,�gnatorles to enter into the agreement" -AL1 !-quested du-,t:on -11, agreerrent 36 —Months Point ol informatiow. Contact N,---. r-,,� JACQUELINE AZALI Contact Number. 361-815-9,390 Name of Company Entering Mto the agreement (L.L.C,-. LP., Inc.)- Grangefield Development, LLC Address: PO Box 271996 C4, Corpus Christi Texas zip-. 78427 Phone Number-.361-815-8390 The items listed below are required before an application can be processed, 1) X Application for reimbursement per UCC Section 8 )r 8-5-2 2) X $535.00 application fee for new agreements and aJ'_­­_-1dums 3) _X_ Planning Commission approved plat (Final or Mas'-'er Preliminary) 4) _X_. Cost estimate for project from a registered engineer 5) X Public improvement plans or design memorandum 6) 1:2 Warrantee Deed for the property_associated with the project 7)�R Disclosure Form: of, 8) Form 1295. -9 Form 9C Corporate Resolution M 1?tL Applicalht's Signat Title CtY of Corp I Farm No.DSL f,!6 Rev.3-31-2020 Page 1 of 2 CONSTRUCTION DRAWINGS FOR Exhibit 3 PUBLIC IMPROVEMENTS PACKAGE 1o �;; OSO RANCH UNIT 1 ss� CORPUS CHRISTI, NUECES COUNTY, TEXAS PROJECT INFORMATION PROJECT LOCATION SHEET INDEX Z LOCATION A EETID SHEET TITLE K THIS PROJECT IS LOCATED IN CORPUS CHRISTI NUECES COUNTY TEXAS C000 COVER W � PROJECT OWNER Colo GENERAL NOTES mr�a x _ b CO20 GENERAL LEGEND AND ABBREVIATIONS V' w4Po GRAN GER ELD DEVELOPMENT LLC _ Z =Nm- UUU C030 ESTIMATED QUANTITIES,MEASUREMENT,PAYMENT,AND TESTING T H C310 WAS I EVA I EH PLAN ANUI'H 6LE(16F 3) N PROJECT ENGINEER p= PRPROJECT SITE C311 WASTEWATER PLAN AND PROFILE(2 OF 3) O m MUNOZ ENGINEERING,LLC LOCATION � C312 VVHSItVVHI tH I'LHN HNUI'HOHLt(306 � m PROJECT DESCRIPTION C 0 GENERAL UTILITY NOTES THIS PROJECT CONSISTS OF THE FOLLOWING,BUTNOTLIMITEDTO,INSTALLATIONOF do°' C701 GENERAL NOTES AND DETAILS _ WASTEWATER UTI U TI ES,AND ALL I NO DENTALS.ALL WORK SHALL BE I N T 0 C702 GENERAL UTILITY PAVEMENT REPAIR NOTES AND DETAILS w ACCORDANCE WITH THE CITY OF CORPUS CHRISTI SPECIFICATIONS AND DETAILS l'1 AND ANY PERMITS THAT ARE REQUIRED. 4 S A PERMIT IS REQUIRED FOR ANY EXCAVATION IN THE PUBLIC RIGHT-OF-WAV. EXCAVATION MEANS AN ACTIVITY THAT CUTS,PENETRATES,OR BORES UNDER ANY PORTION OF THE PUBLIC RIGHT-OF-WAY THAT HAS BEEN IMPROVED WITH A PAVED lo SURFACE FOR STREET,SIDEWALK,SURFACE DRAINAGE, OR RELATED PUBLIC - o TRANSPORTATION INFRASTRUCTURE PURPOSES.PERMITS WILL NOT BE ISSUED FOR d EXCAVATION IN ANY PUBLIC RIGHT-OF-WAV THAT HAS BEEN CONSTRUCTED, RECONSTRUCTED,RE-PAVED,OR RESURFACED IN THE PRECEDING FIVE(5)YEARS FROM THE DATE OF ACCEPTANCE BY THE PUBLIC WORKS CONSTRUCTION ENTITY. PROJECT SITE LEGAL DESCRIPTION VICINITY MAP A 45523 ACRE TRACT OUT OF LOTS 11 THRU 17,SECTION 40,FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS,AS SHOWN ON MAP VOLUME A,PAGES 41-43, NOTICE MAP RECO RDS NUECES COUNTY,TEXAS.SAID 45.523 ACRE TRACT ALSO BEING OUT CONSTRUCTION NOTES IHt HJLLOIMNG CIIYOFWHVUS LUGS II SIANUAHU 111 AILS OF THE TRACTS DESCRIBED IN DEEDS RECORDED IN DOCUMENT NUMBERS T THIS WORK WILL BE INSPECTED B Y THE CITY'S CONSTRUCTION INSPECTION ARE A PART OF THIS PROJECT LLl 202J0539A 2021053989,OFFI Cl AL PUBO C RECORDS O F NUECES,COU NTY,TEXAS. DIVISION.CONTRACTORMSPECTION SHOULD BE CONTACTED AT LEAST 72 HOUHSVHIOH IO SIAHI OFWNSI HfiLIION.IHt NUMBtH IOWNIACI WASTEWATER STANDARD DETAILS I THOU 4) Q PROJECT DATUM GONSTRUGTONINSPEGTIONSIS(361)8261738 THE EXISTING CONDITIONSWERE SURVEYED BY 2. CONTRACTORSHALL ENSURE THAT BEST MANAGEMENT PRACTICES TO THESTANDARD SPECIFICATIONS ARE TO BE OBTAINED BY THE wUw BRISTER SURVEYING OF CORPUSCHRISTI,TEXAS MINPOCEEOOSION AND SEDIMENTATION AREBEING USEDAND THATANY CONTRACTOR PRIOR TO CONSTRUCTION FROM THEFOLLOWING QX THE PROJECT IS BASED ON NAD83/NAVD88 TEXAS SOUTH STATE PLANE SOUTH ZONE AND ALL TCEQ PERMITS WHERE NEEDED HAVE BEEN OBTAINED. WEBSITE Qat W 4205,DATUM SHALL BE VERIFIED BY THE CONTRACTOR WITH THE SURVEYOR 3. CONTRACTOR SHALL ENSURE THAT TRAFFIC CONTROL MEASURES ARE httpwww.cctexasco✓piomaistantlaitl-tletails E-E-� J h((p1/www.cc(exesco✓pmmDB,,S,rd Ppeciriceb— (OZ'o ~ I N DI GATED ABOVE PRI OR TO COMM FOR NG ANY CONSTRUCTI ON. IMPLEMENTEDAS NEEDED.ANYWORKINTHECITYRIGHT-OF-WAYREQUIRES LL1Ww H - A PERMIT FROM THE CITY'S TRAFFIC ENGINEERING DI VISION. 2�w PROJECT NOTIFICATION 4. ALL PUBLIC IMPROVEMENTS SHALL BE WARRANTED BY THECONTRACTOR ULLI'z LLl - rz THEE CONTRACT SHALL NOTIFY'THE CITY INSPECTION DEPARTMENT AND THE FOR ELVE(IA MONTHS FROM THE DATE OFACCEPTANCE OF THOSE z>F W $ ENCI NEER AT LEAST THREE(3)WORKING DAYS(MONDAY-FRIDAY.8'.OOAM TO 500PM) IMPOO VEMENTS BY THE DIRECTOR OF ENGINEERING. of�p S PRIOR TO COMMENCING CONSTRUCTION. 5. APERMIT IS REQUIRED FOR ANYEXCAVATION IN PUBLICRIGHT-0F-W4Y am EXCAVATION MEANS AN ACTIVITY THAT CUTS,PENETRATES,ORB RESOo rc GENERAL CONTACT INFORMATION UNDER ANY PORTION OF THEPUBOC WAY THAT HAS BEEN IMPROVED WITH A U U o EMERGENCY:911 PAVED SURFACEFOR STREET,SIDEWALK,SURFACE DRAINAGE,OR RELAYED — POLICE(NON-EMERGENCY) 886-2600 VUCH GANSFCJHIANUNINFHASIHU(;IUTZVURPUACS. m FIRE(NON EMERGENCY) 8263900 6 CONTRACTOR WILL ADHERE TO THE STANDARDS AND SPECIFICATION OF CITY OF CORPUS CHRISTI THE CITY OF CORPUS CHRISTI. a CITY CALL CENTER 8262489 _ DEVELOPMENT SERVICES 8263240 ENGI N EERI NG SER VI CES 8263500 _ ENVI PON MENTAL SERVI CES 8264066 TICS GAS DEPARTMENT 8856900 OR 24HRS-8544369/885-6942 `- TRAFFIC ENGINEERING 8262489 UTILITIES DEPARTMENT 8262489 xo.wo.ao�ovouxo u.iu.ics Pviov.o couMExoxo OR AFTER TPM WEEKDAYS AND HOLIDAYS 885694z oN.a�,oa.o PaotioE„a�Eo..o T„EE wR„T„E�.,�. 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W� �oU GENEF CONTRACTION JOINT DETAIL z 22 Z 4 Z sillJNolToORO'21VE—N -D' '4 6W N-MMEMT aids wirxrxcsoixrssvAxr,wosxacec EXPANSION PAVEMENT UTILITY REPAIR 2 TYPICAL RIGID PAVEMENT UTILITY REPAIR xorc _T Rl— LU —T 2CE �rxev (PICAL CURB ADJACENT TO FLEXIBLE PAVEMENT <T C) Z scxx ss.xvovwucccMcxrcoxcvcrc,coxcvcrcv DETAIL DETAIL TYPI CAL PI BBON CUP B D tass F— LU LU U):z www c)Lu z rox,oxrs.xa,v Moor > < E]J[�F' ¢0= TYPI CAL CURB ADJACENTTO RIGIDPAVEMENT IL FZ U) D 0 EXPANSI ON JOI NT DETAIL CE LU LU rrAxecoxrvAcrox TYPICAL MONOLITHIC CURB ADJACENT TO RIGID PAVEMENT CONTRACTION JOINT DETAIL �1'6 AL CUR B UTILITY REPAIR AIR IT Ell Exhibit 4 REIMBURSEMENT COST ESTIMATE ESTIMATE NUMBER: 4 DEVELPOMENT NAME: ENGINEERING FIRM: ESTIMATE DATE: 294un-23 MUNOZ ENGINEERING,LLC TBPELS F-12240 OSO RANCH 11608 S BROW NLEE BLVD CORPUS CHRISTI,TX 78404 PROPERTY LEGAL DESCRIPTION: A 45.523 ACRE TRACT OUT OF LOTS 11 THRU 17,SECTION 40,F.B.&E.F,G.TRACTS,VOLA,PGS 41A3 M.R.N.C.T. OWNER: ENGINEER: GRANGEFIELD DEVELOPMENT,LLC THOMAS TIFFIN PE.TX 111733 CONSTRUCDON ITEMS(AS PROVIDED BY OWNER) ITEM DESCRIPTION UNITS ITEMQTY UNITPRICE TOTALVALUE NO. OF ITEM($) 1 MOBILIZATION 15%) LS $1.00 $61,793.18 $61,793.18 WASTEWATER LOT FEES 2 BONDS AND INSURANCE(2%) LS $1.00 $24,717.27 $24,717.27 WASTEWATER LOTS FEES $432.30 3 SWPP DEVICES LS $1.00 $4,500.00 $4,50000 4 TRAFFIC CONTROL LS $1.00 $15,000.00 $15,000.00 UNIT 1 LOTCOUNT $160.00 5 TRENCH SAFETY FOR WASTEWATER LINES LF $1,010.00 $17.15 $17,321.50 UNIT 1 WASTEWATER LOT FEE $69,168.00 6 TRENCH SAFETY FOR WASTEWATER MANHOLE EA $4.00 $1,120.00 $4,480.00 7 8"SDR 26 PVC LF $20.00 $318.00 $6,360.00 UNIT 2 LOT COUNT $66.00 8 8"CAP EA $1.00 $1,620.00 $1,620.00 UNIT 2 WASTEWATER LOT FEE $28,531.80 9 12"SDR 26 PVL LF $20.00 $414.00 $8,280.00 10 12"CAP EA $1.00 $1,860.00 $1,860.00 ITOTAL WASTEWATER LOT FEES $97,699.80 11 24"SDR 26 PVC LF $991.00 $798.00 $790,818.00 12 24"CAP EA $1.00 $4,500.00 $4,500.00 13 WASTEWATER MANHOLE EA $3.00 $49,200.00 $147,600,00 REMISURSEMENT AMOUNT 14 WASTEWATER TIE IN EA $1.00 $18,600.00 $18,600.00 TOTAL CONSTRUCTION AND j1,479,848.4B 15 PAVEMENT REPAIR-HMAC SF $170.00 $120.00 $20,400.00 PROFESSIONAL FEES: 16 WELL POINTS AND ALL REQUIRED DISCHARGE PIPING LF $991.00 $114.00 $112,974.00 TOTAL WASTEWATER LOT FEES $97,699.80 17 EXISTING UTILITY LINE PROTECTION LF $100.00 $65.50 $6,550.00 SUBTOTAL: $1,247,373.95 TOTAL REIMBURSEMENT FROM $4382,148.68 TRUST FUND 10%Contingincles $124,737.40 STIBTOTAL: s1,372,11133 At of TFC 1� PROFESSIONAL SERVR:E5 REM TOTAL VALUE 1 N0. DESCRIPTION UNITS fTEM QTY UNIT PRICE OF ITEM($) *• .:.. �.......................... I 1 ENGINEERING AND CONSTRUCTION DRAWINGS LS 1.00 $107,737.13 $107,737,13 / THOMAS B.Tl iN i A....:......................, y SUBTOTAL, $207,737.13 1117 �Q•i TOTAL CONSTRUCTION AND PROFESSIONAL FEES: $1,479,84848 f�1.ofS�*CENSE� 1��,StRa►~N G Exhibit 5 f .,. Cyr urCvrp..ci ial),7•ezn■ f Ucpanm¢nl nl Ikrchrpmtrrtt Service City o1 1'()Box 927T W 'M"�, Corpa,Chrwi.Trxsa"78769.92"' Coleus (161)62632.)0 ocalcd nt 240(,I capard Strrrl {Cnrr rn0H-1 ud 5t and Pon Ave I • = Ch1-iStI DISCLOSURE OF INTERESTS City of Corpus Christ. Ordinance 17112 as amended. requires all persons or firms seeking to do business with the City to provide the following information Every question must be answered. If the question is not applicable answer w,th 'NA" NAME: /dNo-t /czCLQ �?CJr•-Zv,�.�l.�wv� LLC STREET la avK Z71 ?0,(e CITY: C1ffCX$1,r ZIP: 7e`(f 7 FIRM is- b-?Zorporation C1 Partnership ❑Sole Owner ❑Association C]Other DISCLOSURE QUESTIONS If additional space 7s necessary, pease use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3%or more of the ownership in the above named "firm". N:;.T c Job Tale and City Department(if known) 2. State the names of each 'Official" of the City of Corpus Christi having an 'ownership interest" constituting 3%or more of the ownership in the above named"firm". N Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3%or more of the ownership in the above named "firm". Name Board, Commission or Committee Q. State the names of each employee or officer of a"consultant"for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest"constituting 3% or more of the ownership in the above named "firm". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested, and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur Certifying Person. j/z♦ss , j— tf (Print) � Title: Signature of Certifying Person: �� Date; 3 5 d K ])1' Itipti1,t „IE•�k)U) 1�UfaF�'t_LI'P�tk]TOi,D1�.j�cF.WN1�ISTHA'[isri�l'I"I ICAIIi)'00.tiSS%IPLAI- .U.:�l?DISCW�t'IiLUF'I\[I:)tPStS Project Map w <Yr7p e s e�� Oq4 s c.P�� `gra o O? Opp/ � y g0h og kyorP f o v (� � ouE`� o-W g oe ON oa oR O z V O o Oq 3W9 � 'q)( F zh Y�gr V At cc,,.. oo(� olMq Fggsr \, o`gP" � �cFNO g a 3a��OF y�y ✓FSrFRsr q�S O w�Eq q0 Nao OM1'ECC Fgwp 2 �1g O a Op aN O F F' PROJECT SITE o FNWY a a A�C7`�� LOCATION F ss o,Y r v �v 0 SSy � Tas i m✓'° N11 g 2 O 0 Ngo / a oR F NOR p �gNO kN Ea± ✓+0�9 //VV)) f'J �C WHSVFgyC °P°2 ANO Ln0 r O� (`9✓ e/� Q ° SDR H so o O aog x N9C a0 oe h tig �l � gOgr(Ngo v e byN s qa 5 to qg@g 9 .w s<`o sr n o FaN,g satyr aP Wm 3 v rga i z % O F<D O �yYs 9kOF O 4 .gR. o R q W 3pP L qaF 3✓FC[Y W �..OpVvA( -µ✓rina...a r�. u.. 1 Location Map Y PROPOSED Wg8TEWATER 4NE a VIII I � e Location Mapz Oso Ranch Unit 1 z Total Reimbursement Estimate CONSTRUCTION REMS AS PROVIDED BY OWNER) REM DESCRIPTION UNITS ROFF RRREM EM QTY UNITPRICE TOEM HE NO. I$)$) 1 MOBI—TION(5%) ES 1 $61,793.18 $61,793.18 2 BONDS AND INSURANCE Q%) LS 1 $24,717.27 $24,717.27 3 SWPP DEVICES LS 1 $4,500.00 $4,500.00 4 TMFFICCONTROL LS 1 $15,000.00 $15,000.00 5 TRE NCHSAFETYFORWASTEWATERUNES LE 1,010 $17.15 $17,321.50 6 TRENCHSAFETYFORWASTEWATER MANHOLE EA 4 $1,120.00 $4,- 78'SUR 4,480.0078'SDR 2G PVC R 20 $318.00 $6,360.00 8 8..CAP EA 1 $1,620.00 $1,620.00 912'SDR 26 PVC R 20 $414.00 $8,280.00 10 12'CAP EA 1 $1,860.00 $1,860.00 11 .'SDR 26 PVC R 991 $798.00 $790,818.00 12 24"CAP EA 1 $4,500.00 $4,500.00 13 WASTEWATERMANHOLE EA 3 $49,200.00 $147,600.00 14 WASTEWATER TIE IN EA 1 $18,600.00 $18,600.00 15 PAVEMENTREPAIR-HMAC SF 170 $120.00 $20,400.00 16 WELL POINTS AND ALL REQUIRED DISCHARGE PIPING U 991114 $112,974.00 17 EXISTING UTILITY LINE PROT—ON IT 100 $65.50 $6,550.00 10%C FnBindi $124,737.40 SUBTOTAL $1,372,111.35 PROFESSIONALS ERV ICE S REM DESCRIPTION UNITS REM QTY UNITPRICE TOTALVALHE NO. OF REM I$) 1 ENGINEERING ANDCONSTRUCIONDRAWINGS IS 1 $1D7,737.13 $107,737.13 SUBTOTAL: $107,737.13 TOTAL CONSTRUCTION AND PROF—OWL FEES: $1,479,848.48 WASTEWATER LOTFEES TOTAL WASTEWATER LOT FEES $97,699.80 REMIBURSEMENT AMOUNT TOTAL CONSTRUCTION AND PROFESSIONAL FEES: $1,479,848.48 TOTAL WASTEWATER LOT FEES CREDIT: $97,699.80 TOTAL REIMBURSEMENT FROM TRUST FUND $1,382,148.68 3 Trust Fund Balance as of June 29, 2023 Available Combined Trust balance of as of 06/29/2023 as reported by Finance is: $808,539.84 Individual Trust Fund balance break down: WATER (4030) WASTEWATER (4220) Water Arterial Water Distribution Wastewater Trunk Wastewater Transmission & Grid Main Trust System Trust Collection Line Trust Main Trust $323,942.79 $40,944.27 $374,143.49 $69,509.29 Upon approval, the Trust Funds will be: ($523,871.44) Recommendation Approval The request submitted by the applicant is in accordance with UDC 8.5 Trust Fund Policy. ,muS c� �o 0 AGENDA MEMORANDUM NoaPoaA.Eo Public Hearing and First Reading for the City Council Meeting of July 25, 2023 is 2 Second Reading for the City Council Meeting of August 8, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Al Raymond, Development Services Department Alraymond@cctexas.com (361) 826-3275 Rezoning for a property at or near 5922 Kostoryz Road CAPTION: Zoning Case No. 0623-03 Victor Valdez, (District 3). Ordinance rezoning a property at or near 5922 Kostoryz Road from the "RM-2" Multi-Family District, to the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District). PURPOSE: The purpose of this item is to rezone the property to allow for multi-family or commercial development. BACKGROUND AND FINDINGS: The subject property is a vacant lot zoned "RM-2" Multi-Family that abuts an "RS-6" zoned residential subdivision to the east, a neighborhood commercial district with public and civic use to the north, and an approximately 75-acre tract of land with agricultural use zoned "RS-6" to the south. The subject property is within the vertical obstruction subzone of the NOLF Cabaniss' Military Compatibility Overlay District, which is less than a mile south. The properties at the northern extremity of the block (near Holly Road) are zoned "CN-1" Neighborhood Commercial with commercial uses and the ones at the end (near Saratoga Boulevard) are zoned "RM-3" Multi-Family and "RS-6" Single-Family 6 with public and civic uses. In between these properties are several other residential subdivisions. The "CN-1" Neighborhood Commercial District permits office uses, multifamily dwellings, certain indoor recreation uses, retail sales and service uses, medical facility uses, overnight accommodation uses, and restaurant uses less than 5,000 square feet in gross floor area. The proposed rezoning is consistent with many broader elements of Plan CC (the City of Corpus Christi Comprehensive Plan), however, is inconsistent with the Future Land Use Map. The rezoning is compatible with the surrounding uses and districts and will not have a negative impact on the neighborhood. Public Input Process Number of Notices Mailed: 20 within the 200-foot notification area, 5 outside the notification area. As of July 21, 2023.- In 023:In Favor In Opposition 0 inside notification area 2 inside notification area 0 outside notification area 0 outside notification area A total of 5.74% of the 200-foot notification area is in opposition. RECOMMENDATION: Planning Commission and Staff recommended approval of the change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District on June 14, 2023. Vote Results For: 7 Against: 0 Absent: 2 ALTERNATIVES: Denial of the change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District. FINANCIAL IMPACT: There is no fiscal impact associated with this item. LIST OF SUPPORTING DOCUMENTS: Ordinance Presentation - Aerial Map Planning Commission Final Report Zoning Case No. 0623-03 Victor Valdez, (District 3). Ordinance rezoning a property at or near 5922 Kostoryz Road from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District; providing for a penalty not to exceed $2,000 and publication. (Planning Commission and Staff recommended approval of the change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial 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 appear and be heard; WHEREAS, the Planning Commission has forwarded to the City Council its final report and recommendation regarding the application for an amendment to the City of Corpus Christi'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 appear and 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 being Lot 39, Block 6, Crestmont Unit 2, as shown in Exhibit "A": the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial District. The subject property is located at or near 5922 Kostoryz Road. Exhibit A, 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 by a fine not to exceed $2,000.00 for each offense; as provided in Article 1 , Section 1 .10.1 of the UDC, Article 10 of the UDC, and/or Section 1-6 of the Corpus Christi Code of Ordinances. SECTION 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 EXHIBIT A ON RS-TF. a� m" CN- 1 SUBJECT �a PROPERTY RS�f CASE: 0623-03 N SUBJECT PROPERTY WITH ZONING E ® 5. Subject Property A-1 Apartment House Dis[hrx I-1 Dmited lndus[dal District A-1A Apartment House Dr.dt -2 DgMlntlusfial Di s[dc[ _ A-2 Ap—crtH D.,1 1-3 H navy lndustral Di-, AB Pmtess Wool Dff Dst.D PUD Planned Unit D,,clopmc,t AT Apartment-TounstD t t R-lA one Family Dwelling Ditrict S(JBJ \ at NegndemeadIusnes.Disk- R-1e oneFamly,D—IlingDsmnt "PROPERTY &1A Neighborhootl Business District R-lc One Family Dwelling District B2 Btmus aynt BIkk nt R-2 M 1tp1 D IIigD,G t B 2 Barr er lsl andB Dildo[ RA 0 F ily Dwc Ili n gDstnct B3 Busn—Dm t RE Rc,dc,nalEtat Di,B-nt --,1- E4 General Business District R-TH Town house Dwell ing District BI Primary Bus nes Di G,I SP Special Permit .` &8 Primary B usn_C,,District TTA Travel Trailer Park District eD ceryuschi,tl6eachDesignDlr. T-le Mannr�,edHnmePad:Dlnda Cityof Esri,HERE F-R Fan,Rural Di4d T-rc Manuh trued Hnme subdivision Corpus LOCATION MAP HC Hlstorica�cultural Landmark Dish. Christi P ae�ean Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter That the foregoing ordinance was read for the second time and passed finally on this the day of 2023, by the following vote: Paulette Guajardo Jim Klein Roland Barrera Mike Pusley Sylvia Campos Everett Roy Gil Hernandez Dan Suckley Michael Hunter PASSED AND APPROVED on this the day of , 2023. ATTEST: Rebecca Huerta Paulette Guajardo City Secretary Mayor Page 4 of 4 ZONING REPORT Case # 0623-03 Applicant & Subject Property City Council District: 3 Owner: Victor Valdez Applicant: Joe Ortiz Address: 5922 Kostoryz Road, located along the east side of Kostoryz Road, south of Holly Road and Crestwater Drive, and north of Saratoga Boulevard. Legal Description: Lot 39, Block 6, Crestmont Unit 2 Acreage of Subject Property: 0.80 acre Pre-Submission Meeting: May 18, 2023 Zoning Request From: "RM-2" Multifamily District To: "CN-1" Neighborhood Commercial District Purpose of Request: The applicant is proposing a future multi-family or commercial development. Land Development & Surrounding Land Uses Zoning District Existing Land Use Future Land Use Site "RM-2" Multi-Family Vacant Public/Semi-Public Use, "CN-1" Neighborhood Low-Density Residential, North Commercial, (Crestmont Unit 2 and 5, "RS-6" Single-Family 6 Tabernacle of Praise Medium-Density Residential Church) South Agricultural East "RS-6" Single-Family 6 Low-Density Residential West (Crestmont Unit 2 and 6) Plat Status: The property is platted. (Map Records of Nueces County Volume 53, Page 44) Military Compatibility Area Overlay District (MCAOD, Effective August 22, 2022): NOLF Cabaniss Field. The property is within the vertical obstruction subzone of the Military Compatibility Area Overlay District of NOLF Cabaniss. Code Violations: None. Transportation and Circulation For Kostoryz Road Designation-Urban Section Proposed Section Existing Street Kostoryz Road "A1" Minor Arterial, 4 Lanes, 5 Lanes (Incl. 1 turning lane), Undivided 95 feet 120 feet Transit: The Corpus Christi RTA provides service to the subject property via Route 15 Kostoryz/Carroll High School to the Port Ayers Station through three bus stops along the east side of Kostoryz Road. Bicycle Mobility Plan: The subject property is at the center (0.5 - 0.6-mile radius) of a proposed mobility infrastructure loop that runs along the drainage ditches east, west, and south of the site to and along Tiger Lane to the north. The eastern and northern segments are indicated as one-way cycle tracks (on both sides of each road) with the remainder as off-road multi-use trails. Utilities Gas: A "10-inch" WS gas line exists along the east side of Kostoryz Road and a "2-inch" WS line along its west side. Stormwater: A "36-inch" and a "66-inch" RCP stormwater line exist along Kostoryz Road. Wastewater: An "8-inch" and "10-inch" service line exists along the west side of Kostoryz Road. Water: A "12-inch" ACP water line exists along the east side of Kostoryz Road. 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 Southside Area Development Plan (Adopted on March 17, 2020). Water Master Plan: A "12-inch" water line has been proposed along the east side of Kostoryz Road. Wastewater Master Plan: No improvements have been proposed. Stormwater Master Plan: No improvements have been proposed. Public Notification Number of Notices Mailed . 20 within a 200-foot notification area • 5 outside 200-foot notification area In Opposition . 2 inside the notification area • 0 inside the notification area • 5.74% in opposition within the 200-foot notification area' Public Hearing Schedule Planning Commission Hearing Date: June 14, 2023 City Council 1St Reading/Public Hearing Date: July 25, 2023 City Council 2nd Reading Date: August 8, 2023 Background: The subject property is a vacant lot zoned "RM-2" Multi-Family that abuts an "RS-6" zoned residential subdivision to the east, a neighborhood commercial district with public and civic use to the north, and an approximately 75-acre tract of land with agricultural use zoned "RS-6" to the south. The properties at the northern extremity of the block (near Holly Road) are zoned "CN-1" Zoning Report Page 3 Neighborhood Commercial with commercial uses and the ones at the end (near Saratoga Boulevard) are zoned "RM-3" Multi-Family and "RS-6" Single-Family 6 with public and civic uses. In between these properties are several other residential subdivisions. The subject property is within the vertical obstruction subzone of the NOLF Cabaniss' Military Compatibility Overlay District, which is less than a mile south. The applicant is requesting a change of zoning to the "CN-1" Neighborhood Commercial District to allow a multi-family or commercial development. While the"RM-2" Multi-Family District allows for multi-family use, a Neighborhood Commercial district widens the range of development options. Comprehensive Plan Consistency: • Plan CC: The proposed rezoning is consistent with the following Goals and Strategies for decision makers: o Transportation and Mobility ■ Promote desirable patterns of development consistent with the UTP (Urban Transportation Plan) and the comprehensive plan. o Future Land Use, Zoning, and Urban Design ■ Encourage the protection and enhancement of residential neighborhoods. ■ Promote a balanced mix of land uses to accommodate continuous growth and promote proper location of land uses based on compatibility, location needs, and character of each use. ■ Support the separation of high-volume traffic from residential areas. ■ Continue to consider the compatibility of proposed uses with military airfield operations when making decisions on rezoning requests. ■ Avoid development that is incompatible with the operation of military airfields and the airport. • Future Land Use Map: The proposed rezoning is inconsistent with the FLUM (Future Land Use Map). o Designated future land use: Medium-Density Residential. • Area Development Plan : The proposed rezoning is consistent with the visions of the Southside Area Development Plan. Staff Analysis: Staff reviewed the subject property's background information and the applicant's purpose for the rezoning request and conducted research into the property's land development history to include platting, zoning, existing surrounding land uses, and potential code violations. Staff compared the proposed zoning's consistency with the applicable elements of the comprehensive plan. As a result of the above analysis, staff notes the following: o The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan), however, is inconsistent with the FLUM (Future Land Use Map). The designated future land use is medium-density residential. o The current zoning district limits the lot to multi-family and limited public and civic uses. A neighborhood commercial district widens the range of development to multi-family, additional public and civic uses, and neighborhood-scale commercial developments. o Plan CC (The City of Corpus Christi Comprehensive Plan) encourages orderly development and the protection and enhancement of neighborhoods. The development pattern of the area and the plan infer that commercial zoning may be more suitable than the current district and would appear to be more coordinated. o An amendment to the FLUM (Future Land Use Map), per the applicant's request, would re-designate the future use at the subject property as commercial. While a commercial future use will likely increase the approval of a more intense commercial district in the future, as the character of the corridor is subject to change, developments would still be subject to strict standards that regulate scale, loading areas, buffer yards, and more. o The proposed rezoning is compatible with the zoning and uses of the nearby properties and expands the abutting "CN-1" Neighborhood Commercial District pocket. The large "RS-6" zoned tract south of the subject property may likely follow the existing residential- to-commercial pattern of development (as buffer zones and mid-block placement) along Kostoryz Road and may connect both "CN-1" pockets at either side of the lot in the future. o The rezoning will not have a negative impact on the surrounding neighborhood. Plan CC encourages the allocation of commercial uses within neighborhoods to serve the everyday needs of their residents at a scale that will not be imposing. The change in zoning will augment the availability of essential neighborhood services. The plan also supports the separation of traffic, using commercial developments as a buffer zone, from sensitive land uses such as the residential subdivision beyond. 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 recommends approval of the change of zoning. Planning Commission and Staff Recommendation (June 14, 2023)- Approval of the change of zoning from the "RM-2" District to the "CN-1" Neighborhood Commercial District. Attachment(s): (1) Existing Zoning and Notice Area map, (2) Return Notices Zoning Report Page 5 ATTACHMENT A: EXISTING ZONING AND NOTICE AREA ON RS-TF 13 Oz 14 15 my CN- 1 16 2 10 17 SUBJECT 1 �a PROPERTY 9 O� 1s 19 7 20 11 CREST 6 j�l pR 5 4 3 RS-6 CASE: 0623-03 N Zoning and notice Area wE s RM-1 Multifamily IL Light Industrial RM-2 Multifamily2 IH Heavy lndustri al RM-3Multifami ly3 PUD Plan ned Unit Dev.Overlay ON Professional Office RS-10 Single-Family 10 RM-AT Multifami ly AT R" Single-Family6 CN-1 Nei ghborhood Commercial RS-0.6 Single-Family 4.5 CN-2 Neighborhood Commercial RS-TF Tvro-Family, CR-1 Resort Commercial RS-15 Single-Family 15 CR-2 Resort Commercial RE Residential Estate CG-1 General Commercial RS-TH Tomhouse �rR` CG-2 General Commercial SP Special Permit CI Intensive Commercial RV Recreational Vehicle Park SUBJECT CBD DmMom Commercial RMH Manufactured Home PROPERTY CR-3 ResoH Commercial FR Farm Rural H Historic Overlay BP Business Park him 5,them Property O owners wm zoo�ourcer ravor 4 ownerswlwmzoonsledo1City of Esri,HERE LOCATION MAP erleoned ownervnrp lege X mowners opposmon c4pus Christi ATTACHMENT B: RETURN NOTICES PUBLIC HEARING NOTICE CITY PLANNING COMMISSIOr. Rezoning Case No. 0623-03 Victor Valdez has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-2" Multi-Family District to the "CN-1" Neighborhood Commercial 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 5922 Kostoryz Road and described as Lot 39, Block 6, Crestmont Unit 2, located along the east side of Kostoryz Road,south of Holly Road and Crestwater Drive, and north of Saratoga Boulevard. See the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 14, 2023, 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 r- hearing to express your views on this rezoning request. The Planning Commission may recommend to the City Council approval or ��• denial, or approval of an intermediate zoning classification and/or Special rPermit. Approval of a change of zoning, if inconsistent with the City's �: •".�tiZ Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mas informacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no drscussion shall be held by a member or mernbers of this Commission with an applicant or appellant conceming an application or appeal, either at home or office,or in person, by telephone call or by letter. 7 Tex_Admin. Code§211.006(d)To be on the record this form must be filled out,signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice or via email to zoning Acctexas.eom. Property Owner(s) Name:k TCe44')t a du, -- �r�a,w_ Address: ]30 1 G l' t b�L" Phone No: ��/ - 7�{ - 56 C)o ( ) IN FAVOR OPPOSITION �- ,LQN. Signa ure Planner Assigned',Saradja Registre Email saradar cctexas.com Ph one:361-826-3574 INFOR Case No:23ZN1018 Property Owner ID' 6 Zoning Report Page 7 PUBIC HEARING NOTICE CITY PLANNING COMMISSION Rezoning Case No. 0623-03 Victor Valdez has petitioned the City of Corpus Christi to consider a change of zoning from the "RM-2"Multi-Family District to the "CN-1" Neighborhood Commercial 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 5922 Kostoryz Road and described as Lot 39, Block 6, Crestmont Unit 2, located along the east side of Kostoryz Road,south of Holly Road and Crestwater Drive, and north of Saratoga Boulevard. See the map on the reverse side. The Planning Commission will conduct a public hearing to discuss and formulate a recommendation to the City Council. The public hearing will be held on Wednesday, June 14, 2023, during one of the Planning C7,�" .7A R] 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 PC te T hearing to express your views on this rezoning request. Jin 95, The PlanningCommission may recommend to the Cit Council approval or Y Y Pp denial, or approval of an intermediate zoning classification and/or Special Permit. Approval of a change of zoning, if inconsistent with the City's �. '.�i Comprehensive Plan, will also have the effect of amending the Comprehensive Plan to reflect the approved zoning. For more information, please call (361) 826-3240. Persons with disabilities planning to attend this meeting, who may require special services, are requested to contact the City Secretary's Office at least 48 hours in advance at 361-826-3240. Si usted desea dirigirse al Consejo de Ajuste y su ingles es limitado, habra un interprete en la junta para ayudarle. Para mos informacion, favor de Ilamar al Departamento de Servicios de Desarrollo (361) 826- 3240. NOTE: In accordance with the Planning Commission By-Laws, no discussion shalt 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. 7 Tex, Admin. Code§211.006(dr)To be on the record, this form must be filled out,signed by the current property owner(s), and returned in its entirety via mail to the return address on this notice ,orvia email to zoning(o.cctexas.cam. Property Owners) Name: � �'�2f-} C- 4tjSCOK4,-Z Address: 5 S(Q a- ��t� Phone No: `E, ( ) IN FAVOR K�IN OPPOSITION REASON: W c Kr�rt�'f' ✓l�./�N � 4-v ��2 �u,±ihC D[G� Signature :,gV7-77— Planner Assigned:Saradja Registre Email:saradiar 0Ctexns-cam Phone 361-826-3574 INFOR Case No:23zN1018 Property Owner ID. 7 Zoning Case 0623-03 Victor Valdez District 3 y5 OfJ Rezoning for a property at or near yr ' 5922 Kostoryz Road From: "RM-2" Multifamily District Ib � '. To: "CN-1" Neighborhood Commercial District SUBJECT PROPERTY 5U9JEC FIROPEPTY 41, .. { il.v n� I.n fll fSP. iui i. I CCA TION NA P 1 City Council July 25, 2023 Zoning and land Use ON Proposed Use: 02/19/1996 RS-7F To allow for a multi-family or commercial development. e S,�11 Area Development Plan: C"-1 Southside Area Development Plan (March 17, 2020) 09/20/1993 SUBJECT Future Land Use Map: �Q PROPERTY RTY � Medium-Density Residential Existing Zoning: RF "RM-2" Multi-Family District s�,c Adjacent Land Uses: • North: Public/Semi-Public Use, zoned CN-1 RS-6 • South: Vacant, Low-Density Residential, zoned RS-6 • East: Low-Density Residential, zoned RS-6 • West: Low-Density Residential, zoned RS-6 Public Notification i ON i 20 Notices mailed inside 200' buffer -_� , RS-TF �J 1� 5 Notices mailed outside 200' buffer m; CN-1 �r Notification Area SUBJECT PG.30o PC�G�4�'l 9 Opposed: 2 (5.74 %) Separate Opposed Owners 20 r. x s 4 In Favor: 0 (0.00%) RS-6 "Notified property owner's land in SQF/Total square footage of all property in the notification area = Percentage of public opposition. Staff Analysis and Recommendation o The proposed rezoning is consistent with many elements of Plan CC (The City of Corpus Christi Comprehensive Plan), however, is inconsistent with the FLUM (Future Land Use Map). The designated future land use is medium- density residential. o The current zoning district limits the lot to multi-family and limited public and civic uses. A neighborhood commercial district widens the range of development to multi-family, additional public and civic uses, and neighborhood-scale commercial developments. o Plan CC (The City of Corpus Christi Comprehensive Plan) encourages orderly development and the protection and enhancement of neighborhoods. The development pattern of the area and the plan infer that commercial zoning may be more suitable than the current district and would appear to be more coordinated. o An amendment to the FLUM (Future Land Use Map), per the applicant's request, would re-designate the future use at the subject property as commercial. While a commercial future use will likely increase the approval of a more intense commercial district in the future, as the character of the corridor is subject to change, developments would still be subject to strict standards that regulate scale, loading areas, buffer yards, and more. Staff Analysis and Recommendation o The proposed rezoning is compatible with the zoning and uses of the nearby properties and expands the abutting "CN-1" Neighborhood Commercial District pocket. The large "RS-6" zoned tract south of the subject property may likely follow the existing residential-to-commercial pattern of development (as buffer zones and mid-block placement) along Kostoryz Road and may connect both "CN-1" pockets at either side of the lot in the future. o The rezoning will not have a negative impact on the surrounding neighborhood. Plan CC encourages the allocation of commercial uses within neighborhoods to serve the everyday needs of their residents at a scale that will not be imposing. The change in zoning will augment the availability of essential neighborhood services. The plan also supports the separation of traffic, using commercial developments as a buffer zone, from sensitive land uses such as the residential subdivision beyond. Planning Commission and Staff Recommendation (June 14, 2023): Approval of the change of zoning from the "RM-2" Multifamily District to the "CN-1" Neighborhood Commercial District. ° 4— 44 fy ,° Ap . � � PROPERTY a� � . AN, o�� v s } Tti 277 CASE: 0623-03 =a N Aerial View s ® Subject Property Lx. " SUBJECT\ PROPERTY6W ` n ¢ y. City of 'Esri, HERE Corpus +�'¢ LOCATION MAP Christi so �o p A v WoRPORP�g4 AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting July 25, 2023 DATE: July 17, 2023 TO: Peter Zanoni, City Manager FROM: Heather Hurlbert, CPA, CGFO-Assistant City Manager Heatherh3ctcctexas.com 361-826-3506 Motion to call an election to reallocate Type A Sales Taxes CAPTION: Motion declaring the intent to include an item on the November 2023 election ballot replacing the existing Type A sales tax with the adoption of a two-eighths of one percent sales and use tax (maintaining the current level of sales and use tax) for the promotion and development of new and expanded business enterprises to be administered by the Corpus Christi Business and Job Development Corporation (Type A Corporation) under Chapter 504 of the Texas Local Government Code, with the use of the proceeds specifically to be used for the convention center complex, including maintenance and operation costs for the life thereof, design, construction, maintenance and repair of commercial and industrial streets, and design, construction, maintenance, and operation of regional parks within the City. SUMMARY: This motion will declare City Council's intent to call an election for the purpose of reallocating Type A sales tax funding from the existing 1/8 cent for the Arena and 1/8 cent for the Seawall to be used instead for the Conference Center complex which will include the convention center, arena, Selena Auditorium, headquarters hotel, entertainment district and the seawall, commercial and industrial streets, and the City's regional parks. BACKGROUND AND FINDINGS: On April 22, 2022, the City of Corpus Christi hired Hunden Strategic Partners, Inc. (HSP) to provide professional consulting services to evaluate the existing and future Corpus Christi market for possible renovation and/or expansion of the City's convention center and the development of a new headquarter hotel. On June 2, 2022, the contract scope of work was amended to include a market, financial feasibility study, and economic/fiscal impact analysis for the potential development of City-owned parcels surrounding the American Bank Center(ABC). HSP has been working since April gathering relevant data and analysis for the study. HSP and city staff have engaged stakeholders on multiple occasions throughout the process for dialogue and input. The stakeholders for this project have included local hoteliers, Texas Hotel and Lodging Association, Visit Corpus Christi, convention center meeting planners, and the Buccaneer Commission, to name a few. On January 24, 2023, City staff and HSP presented to Council the results of the feasibility study and opportunities for a potential Convention Center Hotel, Renovations-Expansion of the American Bank Center, and Mixed-Use Entertainment District. On June 13, 2023 State Legislature approved House Bill 5012. The law will allow the creation of a Project Finance Zone (PFZ) to recapture state hotel occupancy, sales and mixed beverage taxes within a three mile radius of the American Bank Center. The financial tool will generate revenues above the current baseline to fund projects for the American Bank Center complex. On June 27, 2023 a proposed plan of finance for the Convention Center Project including the renovation and expansion of the American Bank Center, Convention Center Hotel, and the Mixed- Use Entertainment District was presented to City Council. The plan of finance identified several sources of funding that can be used for the project including the Type A sales taxes. Currently 1/8 cent of sales taxes is allocated for the debt service and ongoing maintenance and operation of the Arena and 1/8 cent of sales taxes is allocated for the debt service and ongoing maintenance and operations of the Seawall that runs from the Port of Corpus Christi to McGee Beach. In addition to the reallocation of Type A sales tax, the plan of finance includes the use of local hotel occupancy tax, Type B sales tax, and the Project Finance Zone funding that was approved by the state legislature during the 2023 legislative session. The proposed plan of finance calls for the repurposing of both 1/8 cents to the Convention Center Complex along with regional parks and commercial/industrial streets. The current definition of the Convention Center Complex includes the Arena, Convention Center facilities and meeting rooms, Selena Auditorium, new headquarters hotel, and the seawall. The plan of finance does not contain sufficient funding for the proposed project without the reallocation of the 1/4 cent for use in the Convention Center Complex project. ALTERNATIVES: The City Council could choose to not call for an election to reallocate the Type A Sales Tax or could propose an alternative allocation than what has been proposed. FISCAL IMPACT: There is not fiscal impact associated with this item. RECOMMENDATION: Staff recommends approval of the motion declaring an intent to call an election for the reallocation of Type A sales tax funding from existing 1/8 cent for the Arena and 1/8 cent for the Seawall to be used instead for the Conference Center complex which will include the convention center, arena, Selena Auditorium, headquarters hotel, entertainment district and the seawall, commercial and industrial streets, and the City's regional parks. LIST OF SUPPORTING DOCUMENTS: Presentation Type A .. Repurpose � w f, IAll �x. Convention a� Center Projecty . •rte City Council Council Meeting . July 25, 2023 Convention Center Project Scope Scope to Include: • Arena • Convention Center • Selena Auditorium • Entertainment District • New Headquarters Hotel Funding Sources Project Financ- City Hotel Zone • - - - OccupancyTax Granted by approval -2%Venue Tax Add Convention Add Convention Possible repurpose of of HB5012 -7/ Hotel Occupancy Center Project as an Center Project as an both 1/8 cents sales -State's portion of the Tax allowed project to the allowed project taxes currently incremental Project and Financing collected for the collections of sales tax, Plan purpose of the Arena HOT, and mixed and Seawall beverage for 30 years -Three-mile radius of project Estimated Project Investment Project Total $725M City Investment $480M American Bank Center Entertainment District Headquarters HotelExpansion/Renovation Project Total Project Total Project Total Prosect Total $200M $160M $31M $330M City Investment City Investment City Investment City Investment $200M $50M $31M $200M thousands)Potential Revenues Summary of Potential Gross Revenues(in III- Projected revenue sources,annual ®�� amounts and applicable years provided Revenue Source ,., , by Hunden Partners as of June 26, 3-Mile Project Finance Zone[PFZ] State-Hotel, Sales&Bev $ 133,598 $ 89,066 $ 32,061 2023. Preliminary,subject to change- 10-Year Recapture(Hotel&Sales) State-onsite 75,810 50.540 34,411 ■ The annual revenue projections Venue Occupancy Tax(20%) Local-Historical&Onsite 196,641 131,094 52,831 representrp oss tax receipts. Type Aaccounts for - Operations&maintenance(O&M)and approximately 35%of the Type Ates Local-Historical&Onsite 549,125 366,083 178,093 renewal&replacement(R&R)costs needed funding Type B Econ Oev Sales Taxes Local-Historical&Onsite 183,042 122,028 59,364 would be paid from these revenues, TIRZTax Revenues Local-Historical&Onsite 211,070 140,714 55,.538 reducing the potential bond capacity. Totals $1,468,109 $ 978,739 $ 457,375 ■ For purposes of illustration,the annual gross tax revenues are adjusted for a S7o minimum debt service coverage ratio ■PFZ 016-YrRecapture ®Venue Tax +HotdMGtelTsx (DSCR)of 1.54x and present valued to 2 S60 NTypeA •Type 8 •-IRZ July 1,2024 at an illustrative cost of fu n ds. S50 ■ An independent consultant should be S40 retained to provide a detailed forecast of available pledged revenues. This Sao study will be used to structure the debt I111and obtain bond ratings and insurance. Seo III- Additionally,the City should consider S10 I � adding a senior underwriter with considerable convention center/arena S_ experience to the finance team early in 2025 2027 20129 2031 2033 2035 2037 2039 2041 2643 2045 2047 2&49 201-1 2053 the process as the plan of finance is being built. FL ISV rC ALIIE�pUIIUC FINANCE INC. Julie 27,2023 Type A Repurposing Today • 1/4 Cent Sales Tax • Arena-1/8 cent • Seawall-1/8 cent • Expiration • Arena-2025 • Seawall-2026 • Revenue • 1/4 cent produces approximately $17.01VI annually which continues to increase each year Convention Center Complex Defined "Convention Center Complex" will include: • Arena • Convention Center • Selena Auditorium • Seawall-from the Port of Corpus Christi to McGee Beach • New Headquarters Hotel Type A Repurposing Process • November 2023 election to approve repurpose of 1/4 cent after existing debt is paid in full • Election prior to expiration ensures no interruption in collection • Single measure and ballot proposition • Propose 1/4 cent allocation • Convention Center Complex (Includes Seawall) • Regional parks (Bill Witt, Labonte, West Guth, Salinas, and Cole Parks) • Commercial/industrial streets _ 6 • August 8/15 • Vote to call the election • Approve a resolution designating Conference Center Complex • Proposition to repurpose 1/4 cent of the sales tax to: • Convention Center Complex • Regional Parks • Commercial and industrial streets Recommendation Call election for November to repurpose 1/4 cent of sales tax to: • Convention Center Complex • Regional Parks • Commercial and industrial streets § �2} s ((������l��y§7 ttgi` Z?'all��}4}fj�,ty c - �r` � 8 k� a w � �av �. ^�.,, � �,+ .,,., d e.x,, a ���jtti., � �2 � .W - �� �. meq_ �„ ,� s • • i i �. 1 „� d w"d � , SC O , F NoAPORpY° AGENDA MEMORANDUM xss2 Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 6effreye(a)cctexas.com (361) 826-3851 David Lehfeldt, Director of Solid Waste david 13a-cctexas.com (361) 826-1966 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2a-cctexas.com (361) 826-3169 Construction Contract Award Cefe Valenzuela Landfill Sector 2A Cell Development CAPTION: Motion authorizing a construction contract to FCS Construction LLC., Frisco, Texas, in an amount of $7,193,841.34 for the construction of Cefe Valenzuela Landfill Sector 2A Cell Development, located outside of City limits by Petrolina Creek, with funding available from FY 2023 Certificate of Obligation. SUMMARY: This item awards a construction contract for Cefe Valenzuela Landfill Sector 2A Cell Development. The project provides the construction of Sector 2A at city's Cefe Valenzuela municipal solid waste landfill as presented in the current site development plan (SDP)of the facility permit. BACKGROUND AND FINDINGS: The Cefe Valenzuela Landfill is a municipal solid waste landfill, owned and operated by the City of Corpus Christi, Texas located outside of City limits near Petrolina Creek on CR 20. The current existing landfill footprint is broken up into seven existing sectors, (1A-C, 3C and 3D, and 4A and B). The site plan includes 5 future sectors, such as the proposed 2A, and 2B — 2C, and 3A— 3B. The scope of this project is to construct the entirety of Sector 2A as presented in the current Site Development Plan (SDP) of the facility permit. This sector will tie into existing Sectors 1 C and 1 B on the north and northeast boundary, and 3C on the east boundary. The southwest side of Sector 2A will adjoin future Sector 2B and the south and southeast side of Sector 2A will adjoin future Sectors 3A and 3B. Sector 2A will be adjacent to Unit 1 perimeter road. Based on the conceptual design in the SDP, Sector 2A will provide approximately 27.9 acres of liner to be installed with a gross disposal capacity of approximately 3,210,000 cubic yards (CY's). The construction of the disposal sector will include a leachate sump in the southwest corner along with an underdrain system including a riser pole and pumping system for groundwater management. Upon completion of construction, the Soil Liner Evaluation Report (SLER) and Geosynthetic Liner Evaluation Report (GLER) will be prepared and submitted to the TCEQ for approval. Once the GLER and SLER are approved, waste disposal may begin in Secor 2A. PROJECT TIMELINE 2022 - 2023 2023 - 2023 2023 - 2024 October — April April — July August — March Design Bid Construction Project schedule reflects City Council award on July 25, 2023, with anticipated construction completion by March 2024. COMPETITIVE SOLICITAION PROCESS: The Contracts and Procurement Department issued a Request for Bid (RFB 4814) for the proposed Cefe Valenzuela Landfill Sector 2A Cell Development project on May 15, 2023. On June 14, 2023, the City received bids from three (3) bidders. City analyzed the bids in accordance with the contract documents and determined FCS Construction, LLC as the lowest responsive and responsible bidder. The bid results are summarized below: BID SUMMARY CONTRACTOR BASE BID 1. FCS Construction, LLC $7,193,841.34 2. 4X Construction Group $7,198,839.73 3. Gerke Excavating $7,502,183.73 Engineer's Opinion of Probable Construction Cost $7,762,075.00 FCS has experience directly related to landfill cell development at a size or cost in excess or comparable to the City's requirement and has a favorable reputation related to the cell development. FCS has been in business in Texas since 2004 and has successfully completed many landfill construction projects. FCS has completed similar projects in the last five years including, Grand Prairie Landfill for a landfill expansion, Texoma Area Solid Waste Authority for a Landfill cell expansion, and Arlington Landfill packages for a landfill cell over liner and final cover. FCS has also successfully completed Sector 1A and Sector 3C cell development at the Cefe Valenzuela Landfill for the City of Corpus Christi in 2011 and 2018, respectively. ALTERNATIVES: City Council could choose NOT to award the construction contract to FCS. However, this would delay the start of the project. Sector cell 3C is currently reaching capacity and having a cell full would limit the capacity of solid waste department on maintaining day to day trash management in the city. This would also keep the municipal solid waste in compliance with TCEQ requirements and adhere to the site development plan. FISCAL IMPACT: The fiscal impact in FY 2023 is an amount of $7,193,841.34 with funding available from the Certificate of Obligation. The shortfall in funding for the project is transferred from the project design, inspection and the reimbursements. FUNDING DETAIL: The Capital Improvement Program (CIP) shows that the project is planned for FY 2023. The project is ready to be implemented and the expenditure shown reflects the CIP. Fund: Solid Waste 2023 CO (Fund 3375) Department: Solid Waste (31) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21035-3375-EXP Amount $7,193,841.34 RECOMMENDATION: Staff recommends awarding a construction contract to FCS Construction LLC., Frisco, Texas, in an amount of$7,193,841.34 for the new expansion of Sector 2A, located at the Cefe Valenzuela Landfill. The construction duration is 270 days from issuance of the Notice to Proceed (NTP) to begin construction in August 2023. LIST OF SUPPORTING DOCUMENTS: Bid Tabs CIP Page Location and Vicinity Maps PowerPoint TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Jon M.Reinhard,P.E. DESIGN ENGINEER:Hanson Professional Services Inc. BID DATE: Wednesday,June 14,2023 RFB 4814 FCS Construction,LLC 4X Construction Group Gerke Excavating PROJECT NO.21035 Cefe F.Valenzuela Landfill Sector 2A Development 6991 Main Street 99 Regency Parkway Suite 303 15341 State Highway 131 BASE BID Frisco,TX 75034 Mansfield,TX 76063 Tomah,W 154660 ITEM DESCRIPTION UNIT QTY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT Part A-GENERAL Al Mobilization(Max.5%)/Demobilization LS 1 $ 355,000.00 $ 355,000.00 $ 349,000.00 $ 349,000.00 $ 346,227.53 $ 346,227.53 A2 Bonds&Insurance(Max 2%) LS 1 $ 141,000.00 $ 141,000.00 $ 124,000.00 $ 124,000.00 $ 105,360.91 $ 105,360.91 A3 Storm Water Pollution Prevention LS 1 $ 125,000.00 $ 125,000.00 $ 85,000.00 $ 85,000.00 $ 93,919.09 $ 93,919.09 A4 Excavation CY 106,065 $ 2.55 $ 270,465.75 $ 3.85 $ 408,350.25 $ 6.28 $ 666,088.20 A5 Compacted Structural Fill CY 43,000 $ 2.50 $ 107,500.00 $ 2.75 $ 118,250.00 $ 3.63 $ 156,090.00 A6 Underdrain Trenches LF 6,136 $ 52.00 $ 319,072.00 $ 45.00 $ 276,120.00 $ 49.22 $ 302,013.92 A7 Underdrain Riser and Sump EA 1 $ 20,000.00 $ 20,000.00 $ 15,000.00 $ 15,000.00 $ 17,003.27 $ 17,003.27 A8 Underdrain Geocomposite(Double Sided) SF 4,800 $ 2.25 $ 10,800.00 $ 1.50 $ 7,200.00 $ 0.81 $ 3,888.00 A9 Underdrain Pump&Discharge Piping EA 1 $ 55,000.00 $ 55,000.00 $ 65,000.00 $ 65,000.00 $ 54,730.31 $ 54,730.31 A10 Construction Dewatering Evaporation Pond CY 9,400 $ 9.20 $ 86,480.00 $ 8.00 $ 75,200.00 $ 4.28 $ 40,232.00 All Roadway/Berm Construction CY 18,100 $ 9.40 $ 170,140.00 $ 8.85 $ 160,185.00 $ 6.43 $ 116,383.00 Al2 Roadway/Berm 18"RCP LF 152 $ 99.00 $ 15,048.00 $ 75.00 $ 11,400.00 $ 90.02 $ 13,683.04 A13 Subgrade Preparation AC 28 $ 1,850.00 $ 51,800.00 $ 6,500.00 $ 182,000.00 $ 6,321.08 $ 176,990.24 A14 Recompacted Clay Liner CY 96,000 $ 6.45 $ 619,200.00 $ 9.90 $ 950,400.00 $ 11.01 $ 1,056,960.00 A15 Textured Geomembrane SF 90,131 $ 0.85 $ 76,611.35 $ 0.83 $ 74,808.73 $ 0.83 $ 74,808.73 A16 Smooth Geomembrane SF 1,210,741 $ 0.52 $ 629,585.32 $ 0.53 $ 641,692.73 $ 0.50 $ 605,370.50 A17 Leachate Collection Geocomposite(Single Sided) SF 1,210,741 $ 0.50 $ 605,370.50 $ 0.51 $ 617,477.91 $ 0.55 $ 665,907.55 A18 Leachate Collection Geocomposite(Double Sided) SF 90,131 $ 0.82 $ 73,907.42 $ 0.81 $ 73,006.11 $ 0.98 $ 88,328.38 A19 Leachate Riser and Sump EA 1 $ 70,000.00 $ 70,000.00 $ 60,000.00 $ 60,000.00 $ 22,553.16 $ 22,553.16 A20 Leachate Trench LF 6,476 $ 135.00 $ 874,260.00 $ 98.00 $ 634,648.00 $ 50.62 $ 327,815.12 A21 Leachate Collection Pump&Electrical Service EA 1 $ 130,000.00 $ 130,000.00 $ 135,000.00 $ 135,000.00 $ 76,464.05 $ 76,464.05 A22 Leachate Force Main LF 4,200 $ 20.00 $ 84,000.00 $ 28.00 $ 117,600.00 $ 46.59 $ 195,678.00 A23 Electrical/Sump Panels 1A-1,1A-2,&1B/C EA 3 $ 20,000.00 $ 60,000.00 $ 25,000.00 $ 75,000.00 $ 15,986.25 $ 47,958.75 A24 Protective Cover CY 88,000 $ 8.20 $ 721,600.00 $ 6.95 $ 611,600.00 $ 10.06 $ 885,280.00 A25 Leachate Collection System(LCS)Risers&Headwalls EA 6 $ 6,500.00 $ 39,000.00 $ 12,000.00 $ 72,000.00 $ 23,720.08 $ 142,320.48 A26 Box Culvert((3)10'x 6') LF 102 $ 3,200.00 $ 326 400.00 $ 2,400.00 $ 244,800.00 $ 3,326.45 $ 339,297.90 A27 Crushed Concrete Flexible Base SY 5,800 $ 45.00 $ 261,000.00 $ 37.00 $ 214,600.00 $ 30.53 $ 177,074.00 A28 Drainage Improvements LS 1 $ 66,000.00 $ 66,000.00 $ 30,000.00 $ 30,000.00 $ 13,350.54 $ 13,350.54 A29 Pond#1 Expansion CY 5,000 $ 14.60 $ 73,000.00 $ 11.65 $ 58,250.00 $ 4.37 $ 21,850.00 A30 Pond#2 Construction CY 15,000 $ 8.00 $ 120,000.00 $ 9.55 $ 143,250.00 $ 4.36 $ 65,400.00 A31 Pond#2 36"RCP LF 64 $ 250.00 $ 16,000.00 $ 225.00 $ 14,400.00 $ 259.04 $ 16,578.56 A32 Landfill Fence LF 2,500 $ 120.00 $ 300,000.00 $ 95.00 $ 237,500.00 $ 104.74 $ 261,850.00 A33 Landfill Grid Markers EA 10 $ 800.00 $ 8,000.00 $ 350.00 $ 3,500.00 $ 1,212.75 $ 12,127.50 SUBTOTAL PARTA-GENERAL(Items Al thru A13) $ 6,881,240.34 $ 6,886,238.73 $ 7,189,582.73 Part B-Allowance g1 Allowance LS 1 $ 312,601.00 $ 312,601.00 $ 312,601.00 $ 312,601.00 $ 312,601.00 $ 312,601.00 SUBTOTAL PART B-Allowance(Items B1 thru B29) $ 312,601.00 $ 312,601.00 $ 312,601.00 TOTAL BASE BID $ 7,193,841.34 $ 7,198,839.73 $ 7,502,183.73 Page 1 of 1 Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 21035 Project Name C.F.Valenzuela Landfill Sec.2A Cell Development Type Improvement/Additions Department Solid Waste Useful Life 40 years Contact Director of Solid Waste s' Category Site Improvements Priority 2 Critical-Asset ConditionVongevity ' > t - Status Active Description Project provides for cell development of sector 2A after exhausting capacity of cell 3C,which has estimated service life of 5 years. Based on current demand,landfill cell configuration and sequence,Sector 2A development will start in 2023. Justification This project is required to meet operational and regulatory requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 6,600,000 6,600,000 Inspection 400,000 400,000 Design 467,000 467,000 Eng,Admin Reimbursements 650,000 650,000 Total 8,117,000 8,117,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation (New) 7,600,000 7,600,000 Certificates of Obligation(Prior) 517,000 517,000 Total 8,117,000 8,117,000 Budget Impact/Other This project is required by the Texas Commission on Environmental Quality(TCEQ)and successful completion ofproject in a timely manner will avoid fines and penalties as well as protect the environment. This project will provide cover soil from new cell excavation,which will save operational budget costs. 147 _ CR 20 W s 0 CORPUS CHRISTI BAY r O �MFO Oq ROgO T`2 N CAYOOEIo Y ' s"�Wr° P��Re s NAS �s •� PROJECT LOCATION VICINITY MAP NOT TO SCALEi r CR 18 PROJECT LOCATION w 7 2A rn U co CD Ui n CR 14 AERIAL MAP � '� o, NOT TO SCALE PROJECT NUMBER: 21035 y � CEFE F. VALENZUELA LANDFILL SECTOR CITY COUNCIL EXHIBIT ,- 2A CELL DEVELOPMENT CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s[i Engineering Cefe Valenzuela Landfill Sector 2A Cell Development N a del Council Presentation July 25, 2023 Project Location Carpus Chr sti Engineering VICINI EMAP �/�. CR 18 PROJECT LOCATION U K U 4L` U CR 14 PROJECT NUMBER-21 2 Project Scope J Corpus Chr sti �q�W—J Engineering • Project construction cost is $7,198,841.34 • The proposed scope of work is : • Construction of the disposal sector. • Project will provide approximately 27.9 acres of lined disposal area with a gross disposal capacity of 3,210,000 cubic yards. • Project will also consist the installation of a leache sumps, riser pole and pumping system for groundwater management. Project Schedule Corpus Chr sti Engineering 2022-2023 2023-2023 2023-2024 October—April April—June August—March Design Bid Construction Projected schedule reflects City Council award for Construction in August 2023 with anticipated completion by March 2024. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure WesleyN a-cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) FY2023 Project No. 23082 CAPTION: Motion awarding a construction contract to PM Construction & Rehab, LLC, Pasadena, Texas, in an amount up to $8,100,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $24,300,000.00 for Citywide Wastewater Indefinite Delivery Indefinite Quantity FY 2023 project, located Citywide, with FY 2023 funding available from the Wastewater Capital Fund. SUMMARY: This motion awards a construction contract for the Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) FY2023 project to complete wastewater collection system infrastructure construction at various locations throughout the City. This contract is one mechanism utilized to meet the City's Consent Decree Obligations. BACKGROUND AND FINDINGS: The project is an IDIQ construction contract to complete wastewater infrastructure construction throughout the city. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents. The delivery orders are planned, designed, and prepared by Corpus Christi Water (CCW) team using established line items for pricing. Only relevant line items will be utilized for each delivery order. The final quantities for each of the line items will differ due to the various projects. This is a "not to exceed" contract and may only issue Delivery Orders up to the contract ceiling. The scope of work includes rehabilitation, replacement, and point repairs of gravity wastewater collection system lines, manholes/structures, service laterals, and force mains using open-cut trenching, and pipe bursting. Work includes dewatering through well pointing, control of wastewater flow through bypass pumping, cleaning, and televised inspections, and site restoration to pre-existing or better conditions. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response services. The contract requires personnel to be at the project site within three (3) hours of notification of an emergency. The contract will have an initial one-year term, with the option to renew for two additional one- year periods administratively in an amount up $8,100,000.00 for a total amount not to exceed $24,300,000.00. The determination to exercise renewal option will be based on the Contractor's successful performance for the work on the DO's. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each DO document. CCW currently has three IDIQ contracts for water and wastewater totaling $15,000,000. The Consent Decree requirements, pipe replacement goals, and inflation have all contributed to the need for increased IDIQ contracts and funding. This is one of the seven IDIQ contracts that CCW will be implementing this fiscal year. Multiple contracts will provide greater flexibility in responding and completing projects effectively and efficiently. A breakdown of additional contracts are as follows. CCW IDIQ (Indefinite Delivery Indefinite Quantity) Contracts Utility Contract Value Bid Date Actual / Estimated Council Agenda Date 1 Wastewater $5,000,000 October 19, 2022 January 24, 2023 2 Water Small Diameter $5,000,000 December 7, 2022 January 31, 2023 3 Water Large Diameter $5,000,000 January 18, 2023 March 7, 2023 4 Wastewater $8,100,000 June 9, 2023 July 25, 2023 5 Wastewater Manhole $2,000,000 June 21, 2023 August, 2023 6 Water Large Diameter $5,000,000 June 14, 2023 July 25, 2023 7 Water Small Diameter $5,000,000 June 28, 2023 August, 2023 Total IDIQ Contract Value $35,100,000 PROJECT TIMELINE: 2023 2023 - 2024 May -July September-September Bid/Award Construction Project schedule reflects City Council award in July 2023 with anticipated completion by September 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on June 9, 2023, the city received bids from four bidders. The Contracts and Procurement, Engineering Services, and Corpus Christi Water evaluated the bids in accordance with the contract documents and determined PM Construction & Rehab, LLC to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID PM Construction & Rehab, LLC $7,016,203.00 Jhabores Construction Company, Inc. $7,534,851.00 National Power Rodding Corp. $8,151,567.69 Clark Pipeline Services, LLC $9,898,207.20 Engineer's Opinion of Probable Construction Cost $8,105,482.50 PM Construction & Rehab, LLC has successfully completed numerous projects with the City including Navy Base 12" Diameter Pipe Bursting, Strasbourg Drive Wastewater Repairs, and Wildcat Drive Wastewater Repairs. PM Construction & Rehab, LLC has also completed twelve (12) wastewater IDIQ projects since 2017. ALTERNATIVES: City Council could choose not to award the construction contract to PM Construction & Rehab, LLC. This would delay repairs to the wastewater infrastructure system causing more costly repairs to the infrastructure and property and increasing the risk of wastewater system overflows. Additionally, not awarding this contract would jeopardize the City's ability to meet the established goals of the Consent Decree Agreement. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$8,100,000.00 with funding available from the Wastewater Capital Fund. The CIP Budget is $17,300,000.00 with one previous wastewater contract already awarded and one more to be routing for approval in August. FUNDING DETAIL: Fund: WWWCP RR 032950 2023 (Fund 4260) Mission Elem: Wastewater Collection System (46) Project: Citywide Wastewater IDIQ FY2023 (Project No. 23082) Account: Infrastructure (550060) Activity: 23082-4260-EXP Amount: $8,100,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Wastewater IDIQ FY2023 project to PM Construction & Rehab, LLC, in the amount of $8,100,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $24,300,000.00. The construction duration is planned for 12 months for the first year, from the issuance of Notice to Proceed. The construction to begin in September 2023 with completion by September 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation TABLUATION OF BIDS ENGINEERING SERVICES-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY:CORPUS CHRIST WATER RFB 4793 ENGINEER'S ESTIMATE:$8,080,341.17 BID DATE: June 9,2022 COMPLETION:365 Cal Days Jhabores Construction CITYWIDE WASTEWATER IDIO FY2023 PM Construction&Rehab,LLC Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CITY PROJECT NO.23082 131 N.Richey St. P.O.Box 60089 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpus Christi,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 P:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT UNIT PRICE AMOUNT PARTA-GENERAL Al MOBILIZATION(MAX.5%) LS 1 $ 328,000.00 $ 328,000.00 $ 343,020.00 $ 343,020.00 $ 378,550.84 $ 378,550.84 $450,033.00 $ 450,033.00 A2 BONDS AND INSURANCE(MAX.2%) ALW 1 $ 162,000.00 $ 162,000.00 $ 162,000.00 $ 162,000.00 $ 162,000.00 $ 162,000.00 $162,000.00 $ 162,000.00 A3 STORMWATER POLLUTION PREVENTION PLAN LS 1 $ 20,000.00 $ 20,000.00 $ 75,000.00 $ 75,000.00 $ 10,000.00 $ 10,000.00 $35,000.00 $ 35,000.00 SUBTOTAL PART A-GENERAL $ 510,000.00 $ 580,020.00 $ 550,550.84 $ 647,033.00 PART WW-WASTEWATER IMPROVEMENTS WW001-A POTHOLING(0'-10'DEPTH) EA 1 $ 600.00 $ 600.00 $ 2,710.00 $ 2,710.00 $ 3,514.80 $ 3,514.80 $ 7,320.00 $ 7,320.00 WW001-B HYDROEXCAVATING(0'-10'DEPTH) EA 1 $ 1,200.00 $ 1,200.00 $ 3,435.00 $ 3,435.00 $ 5,500.00 $ 5,500.00 $ 9,760.00 $ 9,760.00 WWO02-A POTHOLING(10'-18"DEPTH) EA 1 $ 800.00 $ 800.00 $ 3,355.00 $ 3,355.00 $ 7,016.40 $ 7,016.40 $20,080.00 $ 20,080.00 WWO02-B HYDROEXCAVATING(10'-18"DEPTH) EA 1 $ 1,400.00 $ 1,400.00 $ 3,792.00 $ 3,792.00 $ 8,500.00 $ 8,500.00 $20,080.00 $ 20,080.00 WWO03-A POTHOLING(>18"DEPTH) EA 1 $ 1,200.00 $ 1,200.00 $ 6,626.00 $ 6,626.00 $ 12,378.00 $ 12,378.00 $31,444.00 $ 31,444.00 WWO03-B HYDROEXCAVATING(>18"DEPTH) EA 1 $ 1,600.00 $ 1,600.00 $ 7,050.00 $ 7,050.00 $ 10,500.00 $ 10,500.00 $31,444.00 $ 31,444.00 WWO04 POINT REPAIR<8"PVC DR 18 WW GRAVITY LINE EA 1 $ 9,000.00 $ 9,000.00 $ 9,788.00 $ 9,788.00 $ 15,342.00 $ 15,342.00 $ 14,439.01 $ 14,439.01 (0'-10'DEPTH) WWO05 POINT REPAIR<8"PVC DR 18 WW GRAVITY LINE EA 1 $ 13,219.00 $ 13,219.00 $ 24,335.00 $ 24,335.00 $ 24,888.00 $ 24,888.00 $29,536.51 $ 29,536.51 (10'-18'DEPTH) WWO06 POINT REPAIR<8"PVC DR 18 WW GRAVITY LINE EA 1 $ 16,428.00 $ 16,428.00 $ 37,944.00 $ 37,944.00 $ 34,582.80 $ 34,582.80 $45,549.01 $ 45,549.01 (>18'DEPTH) WWO07 POINT REPAIR 10"PVC DR 18 WW GRAVITY LINE EA 1 $ 9,533.00 $ 9,533.00 $ 10,407.00 $ 10,407.00 $ 15,800.40 $ 15,800.40 $ 15,298.80 $ 15,298.80 (0'-10'DEPTH) WWO08 POINT REPAIR 10"PVC DR 18 WW GRAVITY LINE EA 1 $ 13,624.00 $ 13,624.00 $ 24,797.00 $ 24,797.00 $ 25,344.00 $ 25,344.00 $30,396.30 $ 30,396.30 (10'-18'DEPTH) WW009 POINT REPAIR 10"PVC DR 18 WW GRAVITY LINE EA 1 $ 16,817.00 $ 16,817.00 $ 38,407.00 $ 38,407.00 $ 35,076.00 $ 35,076.00 $46,408.80 $ 46,408.80 (>18'DEPTH) WW010 POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE EA 1 $ 10,122.00 $ 10,122.00 $ 11,023.00 $ 11,023.00 $ 16,404.00 $ 16,404.00 $ 16,531.00 $ 16,531.00 (0'-10'DEPTH) WW011 POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE EA 1 $ 14,214.00 $ 14,214.00 $ 25,413.00 $ 25,413.00 $ 25,944.00 $ 25,944.00 $31,628.50 $ 31,628.50 (10'-18'DEPTH) WWO12 POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE EA 1 $ 17,384.00 $ 17,384.00 $ 39,023.00 $ 39,023.00 $ 35,682.00 $ 35,682.00 $44,438.50 $ 44,438.50 (>18'DEPTH) WWO13 POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE EA 1 $ 17,621.00 $ 17,621.00 $ 15,005.00 $ 15,005.00 $ 20,088.00 $ 20,088.00 $24,332.90 $ 24,332.90 (0'-10'DEPTH) WWO14 POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE EA 1 $ 25,659.00 $ 25,659.00 $ 28,710.00 $ 28,710.00 $ 29,358.00 $ 29,358.00 $32,720.40 $ 32,720.40 (10'-18'DEPTH) Page 1 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WWO15 POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE EA 1 $ 28,373.00 $ 28,373.00 $ 42,350.00 $ 42,350.00 $ 38,688.00 $ 38,688.00 $49,342.90 $ 49,342.90 (>18'DEPTH) WWO16 POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE EA 1 $ 20,821.00 $ 20,821.00 $ 17,642.00 $ 17,642.00 $ 28,980.00 $ 28,980.00 $27,480.50 $ 27,480.50 (0'-10'DEPTH) WWO17 POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE EA 1 $ 28,858.00 $ 28,858.00 $ 31,536.00 $ 31,536.00 $ 35,556.00 $ 35,556.00 $41,419.00 $ 41,419.00 (10'-18'DEPTH) WWO18 POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE EA 1 $ 31,450.00 $ 31,450.00 $ 45,239.00 $ 45,239.00 $ 45,000.00 $ 45,000.00 $52,094.00 $ 52,094.00 (>18'DEPTH) WWO19 POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE EA 1 $ 28,526.00 $ 28,526.00 $ 27,009.00 $ 27,009.00 $ 31,020.00 $ 31,020.00 $43,413.70 $ 43,413.70 (0'-10'DEPTH) WW020 POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE EA 1 $ 36,548.00 $ 36,548.00 $ 41,987.00 $ 41,987.00 $ 43,260.00 $ 43,260.00 $58,511.20 $ 58,511.20 (10'-18'DEPTH) WW021 POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE EA 1 $ 43,353.00 $ 43,353.00 $ 57,080.00 $ 57,080.00 $ 53,388.00 $ 53,388.00 $69,186.20 $ 69,186.20 (>18'DEPTH) WW022 POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE EA 1 $ 29,824.00 $ 29,824.00 $ 31,485.00 $ 31,485.00 $ 36,822.00 $ 36,822.00 $48,293.70 $ 48,293.70 (0'-10'DEPTH) WW023 POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE EA 1 $ 36,000.00 $ 36,000.00 $ 46,463.00 $ 46,463.00 $ 46,380.00 $ 46,380.00 $63,391.20 $ 63,391.20 (10'-18'DEPTH) WW024 POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE EA 1 $ 44,601.00 $ 44,601.00 $ 60,547.00 $ 60,547.00 $ 69,300.00 $ 69,300.00 $74,066.20 $ 74,066.20 (>18'DEPTH) WW025 POINT REPAIR 42"PVC DR 21 WW GRAVITY LINE EA 1 $ 62,000.00 $ 62,000.00 $ 84,417.00 $ 84,417.00 $ 72,000.00 $ 72,000.00 $82,453.70 $ 82,453.70 (ALL DEPTHS) WW026 EXTRA LENGTH POINT REPAIR<8"PVC DR 18 WW GRAVITY LINE LF 2 $ 159.00 $ 318.00 $ 476.00 $ 952.00 $ 348.00 $ 696.00 $ 962.60 $ 1,925.20 (0'-10'DEPTH)(OVER 15'LENGTH) WW027 EXTRA LENGTH POINT REPAIR<8"PVC DR 18 WW GRAVITY LINE LF 2 $ 191.00 $ 382.00 $ 1,196.00 $ 2,392.00 $ 396.00 $ 792.00 $ 1,969.10 $ 3,938.20 (10'-18'DEPTH)(OVER 15'LENGTH) WW028 EXTRA LENGTH POINT REPAIR<_8"PVC DR 18 WW GRAVITY LINE LF 1 $ 362.00 $ 362.00 $ 2,499.00 $ 2,499.00 $ 402.00 $ 402.00 $ 3,036.60 $ 3,036.60 (>18'DEPTH)(OVER 15'LENGTH) WW029 EXTRA LENGTH POINT REPAIR 10"PVC DR 18 WW GRAVITY LINE LF 1 $ 194.00 $ 194.00 $ 494.00 $ 494.00 $ 363.60 $ 363.60 $ 1,019.92 $ 1,019.92 (0'-10'DEPTH)(OVER 15'LENGTH) WW030 EXTRA LENGTH POINT REPAIR 10"PVC DR 18 WW LF 2 $ 220.00 $ 440.00 $ 1,223.00 $ 2,446.00 $ 415.20 $ 830.40 $ 2,026.42 $ 4,052.84 (10'-18'DEPTH)(OVER 15'LENGTH) WW031 EXTRA LENGTH POINT REPAIR 10"PVC DR 18 WW LF 1 $ 428.00 $ 428.00 $ 2,518.00 $ 2,518.00 $ 420.00 $ 420.00 $ 3,093.92 $ 3,093.92 (>18'DEPTH)(OVER 15'LENGTH) WW032 EXTRA LENGTH POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE LF 1 $ 494.00 $ 494.00 $ 515.00 $ 515.00 $ 387.60 $ 387.60 $ 1,102.07 $ 1,102.07 (0'-10'DEPTH)(OVER 15'LENGTH) WW033 EXTRA LENGTH POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE LF 1 $ 515.00 $ 515.00 $ 1,244.00 $ 1,244.00 $ 445.20 $ 445.20 $ 2,108.57 $ 2,108.57 (10'-18'DEPTH)(OVER 15'LENGTH) WW034 EXTRA LENGTH POINT REPAIR 12"PVC DR 18 WW GRAVITY LINE LF 1 $ 553.00 $ 553.00 $ 2,538.00 $ 2,538.00 $ 441.60 $ 441.60 $ 2,962.57 $ 2,962.57 (>18'DEPTH)(OVER 15'LENGTH) WW035 EXTRA LENGTH POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE LF 1 $ 529.00 $ 529.00 $ 620.00 $ 620.00 $ 438.00 $ 438.00 $ 1,622.19 $ 1,622.19 (0'-10'DEPTH)(OVER 15'LENGTH) WW036 EXTRA LENGTH POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE LF 1 $ 933.00 $ 933.00 $ 1,315.00 $ 1,315.00 $ 504.00 $ 504.00 $ 2,181.36 $ 2,181.36 (10'-18'DEPTH)(OVER 15'LENGTH) WW037 EXTRA LENGTH POINT REPAIR 18"PVC DR 18 WW GRAVITY LINE LFI $ 1,571.00 $ 1,571.00 $ 2,609.00 $ 2,609.00 $ 506.40 $ 506.40 $ 3,289.53 $ 3,289.53 (>18'DEPTH)(OVER 15'LENGTH) WW038 EXTRA LENGTH POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE LF 1 $ 1,029.00 $ 1,029.00 $ 696.00 $ 696.00 $ 616.80 $ 616.80 $ 1,832.03 $ 1,832.03 (0'-10'DEPTH)(OVER 15'LENGTH) Page 2 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW039 EXTRA LENGTH POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE LF 1 $ 1,232.00 $ 1,232.00 $ 1,429.00 $ 1,429.00 $ 684.00 $ 684.00 $ 2,761.27 $ 2,761.27 (10'-18'DEPTH)(OVER 15'LENGTH) WW040 EXTRA LENGTH POINT REPAIR 24"PVC DR 18 WW GRAVITY LINE LF 1 $ 1,940.00 $ 1,940.00 $ 2,723.00 $ 2,723.00 $ 685.20 $ 685.20 $ 3,472.93 $ 3,472.93 (>18'DEPTH)(OVER 15'LENGTH) WW041 EXTRA LENGTH POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE LF 1 $ 1,644.00 $ 1,644.00 $ 995.00 $ 995.00 $ 722.40 $ 722.40 $ 2,894.25 $ 2,894.25 (0'-10'DEPTH)(OVER 15'LENGTH) WW042 EXTRA LENGTH POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE LF 1 $ 1,820.00 $ 1,820.00 $ 1,862.00 $ 1,862.00 $ 786.00 $ 786.00 $ 3,900.75 $ 3,900.75 (10'-18'DEPTH)(OVER 15'LENGTH) WW043 EXTRA LENGTH POINT REPAIR 30"PVC DR 18 WW GRAVITY LINE LF 1 $ 2,873.00 $ 2,873.00 $ 3,480.00 $ 3,480.00 $ 828.00 $ 828.00 $ 4,612.41 $ 4,612.41 (>18'DEPTH)(OVER 15'LENGTH) WW044 EXTRA LENGTH POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE LF 1 $ 1,546.00 $ 1,546.00 $ 1,178.00 $ 1,178.00 $ 927.60 $ 927.60 $ 3,219.58 $ 3,219.58 (0'-10'DEPTH)(OVER 15'LENGTH) WW045 EXTRA LENGTH POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE LF 1 $ 1,862.00 $ 1,862.00 $ 2,103.00 $ 2,103.00 $ 984.00 $ 984.00 $ 4,226.08 $ 4,226.08 (10'-18'DEPTH)(OVER 15'LENGTH) WW046 EXTRA LENGTH POINT REPAIR 36"PVC DR 21 WW GRAVITY LINE LF 1 $ 2,506.00 $ 2,506.00 $ 3,662.00 $ 3,662.00 $ 996.00 $ 996.00 $ 4,937.75 $ 4,937.75 (>18'DEPTH)(OVER 15'LENGTH) WW047 EXTRA LENGTH POINT REPAIR 42"PVC DR 21 WW GRAVITY LINE LF 1 $ 3,322.00 $ 3,322.00 $ 3,891.00 $ 3,891.00 $ 1,143.60 $ 1,143.60 $ 5,496.91 $ 5,496.91 (ALL DEPTHS)(OVER 15'LENGTH) WW048 POINT REPAIR<8"DR 18 WW FORCE MAIN EA 1 $ 12,000.00 $ 12,000.00 $ 11,932.00 $ 11,932.00 $ 13,279.20 $ 13,279.20 $ 14,736.44 $ 14,736.44 (0'-10'DEPTH) WW049 POINT REPAIR<8"DR 18 WW FORCE MAIN EA 1 $ 11,700.00 $ 11,700.00 $ 26,316.00 $ 26,316.00 $ 20,181.60 $ 20,181.60 $26,326.44 $ 26,326.44 (10-18'DEPTH) WW050 POINT REPAIR<8"DR 18 WW FORCE MAIN EA 1 $ 11,875.00 $ 11,875.00 $ 39,926.00 $ 39,926.00 $ 29,808.00 $ 29,808.00 $41,576.44 $ 41,576.44 (>18'DEPTH) WW051 POINT REPAIR 10"DR 18 WW FORCE MAIN EA 1 $ 12,758.00 $ 12,758.00 $ 13,175.00 $ 13,175.00 $ 14,820.00 $ 14,820.00 $ 15,715.10 $ 15,715.10 (0'-10'DEPTH) WW052 POINT REPAIR 10"DR 18 WW FORCE MAIN EA 1 $ 12,350.00 $ 12,350.00 $ 27,565.00 $ 27,565.00 $ 21,540.00 $ 21,540.00 $27,305.10 $ 27,305.10 (10'-18'DEPTH) WW053 POINT REPAIR 10"DR 18 WW FORCE MAIN EA 1 $ 12,500.00 $ 12,500.00 $ 41,175.00 $ 41,175.00 $ 31,068.00 $ 31,068.00 $42,555.10 $ 42,555.10 (>18'DEPTH) WW054 POINT REPAIR 12"DR 18 WW FORCE MAIN EA 1 $ 12,870.00 $ 12,870.00 $ 14,137.00 $ 14,137.00 $ 16,200.00 $ 16,200.00 $ 16,584.31 $ 16,584.31 (0'-10'DEPTH) WW055 POINT REPAIR 12"DR 18 WW FORCE MAIN EA 1 $ 13,953.00 $ 13,953.00 $ 28,527.00 $ 28,527.00 $ 22,800.00 $ 22,800.00 $28,174.31 $ 28,174.31 (10'-18'DEPTH) WW056 POINT REPAIR 12"DR 18 WW FORCE MAIN EA 1 $ 13,750.00 $ 13,750.00 $ 42,137.00 $ 42,137.00 $ 32,316.00 $ 32,316.00 $43,424.31 $ 43,424.31 (>18'DEPTH) WW057 POINT REPAIR 18"DR 18 WW FORCE MAIN EA 1 $ 18,200.00 $ 18,200.00 $ 20,792.00 $ 20,792.00 $ 23,376.00 $ 23,376.00 $30,672.48 $ 30,672.48 (0'-10'DEPTH) WW058 POINT REPAIR 18"DR 18 WW FORCE MAIN EA 1 $ 22,401.00 $ 22,401.00 $ 34,686.00 $ 34,686.00 $ 29,256.00 $ 29,256.00 $37,077.48 $ 37,077.48 (10'-18'DEPTH) WW059 POINT REPAIR 18"DR 18 WW FORCE MAIN EA 1 $ 22,500.00 $ 22,500.00 $ 48,389.00 $ 48,389.00 $ 37,440.00 $ 37,440.00 $51,290.48 $ 51,290.48 (>18'DEPTH) WW060 POINT REPAIR 24"DR 18 WW FORCE MAIN EA 1 $ 26,000.00 $ 26,000.00 $ 26,843.00 $ 26,843.00 $ 32,400.00 $ 32,400.00 $38,750.93 $ 38,750.93 (0'-10'DEPTH) WW061 POINT REPAIR 24"DR 18 WW FORCE MAIN EA 1 $ 30,339.00 $ 30,339.00 $ 40,736.00 $ 40,736.00 $ 38,400.00 $ 38,400.00 $42,898.93 $ 42,898.93 (10'-18'DEPTH) WW062 POINT REPAIR 24"DR 18 WW FORCE MAIN EA 1 $ 31,250.00 $ 31,250.00 $ 54,440.00 $ 54,440.00 $ 46,752.00 $ 46,752.00 $58,270.93 $ 58,270.93 (>18'DEPTH) Page 3 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW063 POINT REPAIR 30"DR 18 WW FORCE MAIN EA 1 $ 54,600.00 $ 54,600.00 $ 47,046.00 $ 47,046.00 $ 44,287.20 $ 44,287.20 $88,851.72 $ 88,851.72 (0'-10'DEPTH) WW064 POINT REPAIR 30"DR 18 WW FORCE MAIN EA 1 $ 58,000.00 $ 58,000.00 $ 62,024.00 $ 62,024.00 $ 50,160.00 $ 50,160.00 $103,186.72 $ 103,186.72 (10'-18'DEPTH) WW065 POINT REPAIR 30"DR 18 WW FORCE MAIN EA 1 $ 58,750.00 $ 58,750.00 $ 76,108.00 $ 76,108.00 $ 58,488.00 $ 58,488.00 $110,811.72 $ 110,811.72 (>18'DEPTH) WW066 POINT REPAIR 36"DR 21 WW FORCE MAIN EA 1 $ 62,500.00 $ 62,500.00 $ 55,328.00 $ 55,328.00 $ 48,360.00 $ 48,360.00 $69,294.17 $ 69,294.17 (0'-10'DEPTH) WW067 POINT REPAIR 36"DR 21 WW FORCE MAIN EA 1 $ 66,000.00 $ 66,000.00 $ 70,306.00 $ 70,306.00 $ 54,360.00 $ 54,360.00 $72,954.17 $ 72,954.17 (10'-18'DEPTH) WW068 POINT REPAIR 36"DR 21 WW FORCE MAIN EA 1 $ 72,500.00 $ 72,500.00 $ 84,390.00 $ 84,390.00 $ 57,600.00 $ 57,600.00 $86,374.17 $ 86,374.17 (>18'DEPTH) WW069 POINT REPAIR 42"DR 21 WW FORCE MAIN EA 1 $ 95,000.00 $ 95,000.00 $ 86,363.00 $ 86,363.00 $ 70,560.00 $ 70,560.00 $102,844.17 $ 102,844.17 (0'-10'DEPTH) WW070 POINT REPAIR 42"DR 21 WW FORCE MAIN EA 1 $ 99,000.00 $ 99,000.00 $ 109,641.00 $ 109,641.00 $ 75,600.00 $ 75,600.00 $107,419.17 $ 107,419.17 (10'-18'DEPTH) WW071 POINT REPAIR 42"DR 21 WW FORCE MAIN EA 1 $ 105,000.00 $ 105,000.00 $ 130,578.00 $ 130,578.00 $ 79,200.00 $ 79,200.00 $125,719.17 $ 125,719.17 (>18'DEPTH) WW072 EXTRA LENGTH POINT REPAIR<_8"DR 18 WW FORCE MAIN LF 1 $ 427.00 $ 427.00 $ 476.00 $ 476.00 $ 301.20 $ 301.20 $ 982.43 $ 982.43 (0'-10'DEPTH)(OVER 15'LENGTH) WW073 EXTRA LENGTH POINT REPAIR<8"DR 18 WW FORCE MAIN LF 1 $ 449.00 $ 449.00 $ 1,205.00 $ 1,205.00 $ 339.60 $ 339.60 $ 1,755.10 $ 1,755.10 (10'-18'DEPTH)(OVER 15'LENGTH) WW074 EXTRA LENGTH POINT REPAIR<_8"DR 18 WW FORCE MAIN LF 1 $ 489.00 $ 489.00 $ 2,449.00 $ 2,449.00 $ 384.00 $ 384.00 $ 2,771.76 $ 2,771.76 (>18'DEPTH)(OVER 15'LENGTH) WW075 EXTRA LENGTH POINT REPAIR 10"DR 18 WW FORCE MAIN LF 1 $ 714.00 $ 714.00 $ 494.00 $ 494.00 $ 252.00 $ 252.00 $ 1,047.67 $ 1,047.67 (0'-10'DEPTH)(OVER 15'LENGTH) WW076 EXTRA LENGTH POINT REPAIR 10"DR 18 WW FORCE MAIN LF 1 $ 735.00 $ 735.00 $ 1,223.00 $ 1,223.00 $ 348.00 $ 348.00 $ 1,820.34 $ 1,820.34 (10'-18'DEPTH)(OVER 15'LENGTH) WW077 EXTRA LENGTH POINT REPAIR 10"DR 18 WW FORCE MAIN LF 1 $ 764.00 $ 764.00 $ 2,518.00 $ 2,518.00 $ 420.00 $ 420.00 $ 2,837.01 $ 2,837.01 (>18'DEPTH)(OVER 15'LENGTH) WW078 EXTRA LENGTH POINT REPAIR 12"DR 18 WW FORCE MAIN LF 1 $ 773.00 $ 773.00 $ 515.00 $ 515.00 $ 280.80 $ 280.80 $ 1,105.62 $ 1,105.62 (0'-10'DEPTH)(OVER 15'LENGTH) WW079 EXTRA LENGTH POINT REPAIR 12"DR 18 WW FORCE MAIN LF 1 $ 794.00 $ 794.00 $ 1,244.00 $ 1,244.00 $ 387.60 $ 387.60 $ 1,878.29 $ 1,878.29 (10'->18'DEPTH)(OVER 15'LENGTH) WW080 EXTRA LENGTH POINT REPAIR 12"DR 18 WW FORCE MAIN LF 1 $ 821.00 $ 821.00 $ 2,538.00 $ 2,538.00 $ 441.60 $ 441.60 $ 2,894.95 $ 2,894.95 (>18'DEPTH)(OVER 15'LENGTH) WW081 EXTRA LENGTH POINT REPAIR 18"DR 18 WW FORCE MAIN (0'-10'DEPTH)(OVER 15'LENGTH) LF 1 $ 274.00 $ 274.00 $ 620.00 $ 620.00 $ 345.60 $ 345.60 $ 2,044.83 $ 2,044.83 WW082 EXTRA LENGTH POINT REPAIR 18"DR 18 WW FORCE MAIN LF 1 $ 293.00 $ 293.00 $ 1,315.00 $ 1,315.00 $ 454.80 $ 454.80 $ 2,471.83 $ 2,471.83 (10'-18'DEPTH)(OVER 15'LENGTH) WW083 EXTRA LENGTH POINT REPAIR 18"DR 18 WW FORCE MAIN LF 1 $ 341.00 $ 341.00 $ 2,609.00 $ 2,609.00 $ 490.80 $ 490.80 $ 3,419.37 $ 3,419.37 (>18'DEPTH)(OVER 15'LENGTH) WW084 EXTRA LENGTH POINT REPAIR 24"DR 18 WW FORCE MAIN LF 2 $ 409.00 $ 818.00 $ 734.00 $ 1,468.00 $ 470.40 $ 940.80 $ 2,583.40 $ 5,166.80 (0'-10'DEPTH)(OVER 15'LENGTH) WW085 EXTRA LENGTH POINT REPAIR 24"DR 18 WW FORCE MAIN LF 1 $ 430.00 $ 430.00 $ 1,429.00 $ 1,429.00 $ 549.60 $ 549.60 $ 2,859.93 $ 2,859.93 (10'-18'DEPTH)(OVER 15'LENGTH) WW086 EXTRA LENGTH POINT REPAIR 24"DR 18 WW FORCE MAIN LF 1 $ 452.00 $ 452.00 $ 2,723.00 $ 2,723.00 $ 585.60 $ 585.60 $ 3,884.73 $ 3,884.73 (>18'DEPTH)(OVER 15'LENGTH) Page 4 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.23089810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW087 EXTRA LENGTH POINT REPAIR 30"DR 18 WW FORCE MAIN LF 1 $ 646.00 $ 646.00 $ 878.00 $ 878.00 $ 609.60 $ 609.60 $ 5,923.45 $ 5,923.45 (0'-10'DEPTH)(OVER 15'LENGTH) WW088 EXTRA LENGTH POINT REPAIR 30"DR 18 WW FORCE MAIN LF 1 $ 668.00 $ 668.00 $ 1,576.00 $ 1,576.00 $ 627.60 $ 627.60 $ 6,879.11 $ 6,879.11 (10'-18'DEPTH)(OVER 15'LENGTH) WW089 EXTRA LENGTH POINT REPAIR 30"DR 18 WW FORCE MAIN LF 1 $ 681.00 $ 681.00 $ 2,871.00 $ 2,871.00 $ 729.60 $ 729.60 $ 7,387.45 $ 7,387.45 (>18'DEPTH)(OVER 15'LENGTH) WWO90 EXTRA LENGTH POINT REPAIR 36"DR 21 WW FORCE MAIN LF 2 $ 702.00 $ 1,404.00 $ 1,060.00 $ 2,120.00 $ 744.00 $ 1,488.00 $ 4,619.61 $ 9,239.22 (0'-10'DEPTH)(OVER 15'LENGTH) WWO91 EXTRA LENGTH POINT REPAIR 36"DR 21 WW FORCE MAIN LF 1 $ 721.00 $ 721.00 $ 1,759.00 $ 1,759.00 $ 762.00 $ 762.00 $ 4,863.61 $ 4,863.61 (10'-18'DEPTH)(OVER 15'LENGTH) WWO92 EXTRA LENGTH POINT REPAIR 36"DR 21 WW FORCE MAIN LF 1 $ 732.00 $ 732.00 $ 3,053.00 $ 3,053.00 $ 795.60 $ 795.60 $ 5,758.28 $ 5,758.28 (>18'DEPTH)(OVER 15'LENGTH) WWO93 EXTRA LENGTH POINT REPAIR 42"DR 21 WW FORCE MAIN LF 1 $ 1,226.00 $ 1,226.00 $ 1,536.00 $ 1,536.00 $ 926.40 $ 926.40 $ 6,856.28 $ 6,856.28 (0'-10'DEPTH)(OVER 15'LENGTH) WWO94 EXTRA LENGTH POINT REPAIR 42"DR 21 WW FORCE MAIN LF 1 $ 1,428.00 $ 1,428.00 $ 2,273.00 $ 2,273.00 $ 946.80 $ 946.80 $ 7,161.28 $ 7,161.28 (10'-18'DEPTH)(OVER 15'LENGTH) WWO95 EXTRA LENGTH POINT REPAIR 42"DR 21 WW FORCE MAIN LF 1 $ 1,373.00 $ 1,373.00 $ 3,891.00 $ 3,891.00 $ 985.20 $ 985.20 $ 8,381.28 $ 8,381.28 (>18'DEPTH)(OVER 15'LENGTH) WWO96 TRENCH SAFETY FOR WW POINT REPAIR(GRAVITY AND FORCE MAIN) LF 25 $ 32.00 $ 800.00 $ 271.00 $ 6,775.00 $ 88.80 $ 2,220.00 $ 244.00 $ 6,100.00 (0'-10'DEPTH) WWO97 TRENCH SAFETY FOR WW POINT REPAIR(GRAVITY AND FORCE MAIN) LF 50 $ 55.00 $ 2,750.00 $ 495.00 $ 24,750.00 $ 158.40 $ 7,920.00 $ 701.50 $ 35,075.00 (10'-18'DEPTH) WWO98 TRENCH SAFETY FOR WW POINT REPAIR(GRAVITY AND FORCE MAIN) LF 10 $ 137.00 $ 1,370.00 $ 541.00 $ 5,410.00 $ 270.00 $ 2,700.00 $ 2,440.00 $ 24,400.00 (>18'DEPTH) WWO99 REMOVE&REPLACE AIR RELEASE VALVE EA 1 $ 11,250.00 $ 11,250.00 $ 32,914.00 $ 32,914.00 $ 6,360.00 $ 6,360.00 $ 14,861.74 $ 14,861.74 WW700 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE LF 7 $ 338.00 $ 2,366.00 $ 122.00 $ 854.00 $ 268.80 $ 1,881.60 $ 152.33 $ 1,066.31 (0'-10'DEPTH) WW701 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE LF 10 $ 423.00 $ 4,230.00 $ 198.00 $ 1,980.00 $ 351.60 $ 3,516.00 $ 132.46 $ 1,324.60 (10'-18"DEPTH) WW102 REMOVE AND REPLACE<8"SDR 26 PVC WW LINE LF 5 $ 637.00 $ 3,185.00 $ 311.00 $ 1,555.00 $ 528.00 $ 2,640.00 $ 196.19 $ 980.95 (>18"DEPTH) WW103 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE LF 5 $ 338.00 $ 1,690.00 $ 178.00 $ 890.00 $ 285.60 $ 1,428.00 $ 277.83 $ 1,389.15 (0'-10'DEPTH) WW104 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE LF 5 $ 416.00 $ 2,080.00 $ 263.00 $ 1,315.00 $ 312.00 $ 1,560.00 $ 287.59 $ 1,437.95 (10'-18'DEPTH) WW105 REMOVE AND REPLACE 10"SDR 26 PVC WW LINE LF 5 $ 683.00 $ 3,415.00 $ 346.00 $ 1,730.00 $ 561.60 $ 2,808.00 $ 307.59 $ 1,537.95 (>18'DEPTH) WW106 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE LF 5 $ 345.00 $ 1,725.00 $ 219.00 $ 1,095.00 $ 266.40 $ 1,332.00 $ 343.61 $ 1,718.05 (0'-10'DEPTH) WW107 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE LF 5 $ 455.00 $ 2,275.00 $ 304.00 $ 1,520.00 $ 399.60 $ 1,998.00 $ 353.36 $ 1,766.80 (10'-18'DEPTH) WW108 REMOVE AND REPLACE 12"SDR 26 PVC WW LINE LF 5 $ 689.00 $ 3,445.00 $ 387.00 $ 1,935.00 $ 576.00 $ 2,880.00 $ 358.78 $ 1,793.90 (>18'DEPTH) WW109 REMOVE AND REPLACE 18"PS115 PVC WW LINE LF 5 $ 377.00 $ 1,885.00 $ 366.00 $ 1,830.00 $ 274.80 $ 1,374.00 $ 650.20 $ 3,251.00 (0'-10'DEPTH) WW710 REMOVE AND REPLACE 18"PS115 PVC WW LINE LF 5 1$ 507.00 $ 2,535.00 $ 455.00 $ 2,275.00 $ 391.20 $ 1,956.00 $ 666.47 $ 3,332.35 (10'-18'DEPTH) Page 5 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WWI 11 REMOVE AND REPLACE 18"PS115 PVC WW LINE LF 5 $ 767.00 $ 3,835.00 $ 538.00 $ 2,690.00 $ 496.80 $ 2,484.00 $ 682.74 $ 3,413.70 (>18'DEPTH) WW112 REMOVE AND REPLACE 24"PS115 PVC WW LINE LF 5 $ 520.00 $ 2,600.00 $ 594.00 $ 2,970.00 $ 436.80 $ 2,184.00 $ 972.63 $ 4,863.15 (0'-10'DEPTH) WW 113 REMOVE AND REPLACE 24"PS115 PVC WW LINE LF 5 $ 702.00 $ 3,510.00 $ 682.00 $ 3,410.00 $ 591.60 $ 2,958.00 $ 990.23 $ 4,951.15 (10'-18'DEPTH) WW 114 REMOVE AND REPLACE 24"PS115 PVC WW LINE LF 5 $ 910.00 $ 4,550.00 $ 765.00 $ 3,825.00 $ 769.20 $ 3,846.00 $ 1,018.38 $ 5,091.90 (>18'DEPTH) WW115 REMOVE AND REPLACE 30"PS115 PVC WW LINE LF 5 $ 702.00 $ 3,510.00 $ 1,009.00 $ 5,045.00 $ 600.00 $ 3,000.00 $ 1,289.13 $ 6,445.65 (0'-10'DEPTH) WW116 REMOVE AND REPLACE 30"PS115 PVC WW LINE LF 5 $ 910.00 $ 4,550.00 $ 1,139.00 $ 5,695.00 $ 753.60 $ 3,768.00 $ 1,329.80 $ 6,649.00 (10'-18'DEPTH) WW117 REMOVE AND REPLACE 30"PS115 PVC WW LINE LF 5 $ 1,105.00 $ 5,525.00 $ 1,374.00 $ 6,870.00 $ 924.00 $ 4,620.00 $ 1,360.30 $ 6,801.50 (>18'DEPTH) WW118 REMOVE AND REPLACE 36"PS115 PVC WW LINE LF 5 $ 910.00 $ 4,550.00 $ 1,422.00 $ 7,110.00 $ 781.20 $ 3,906.00 $ 1,558.88 $ 7,794.40 (0'-10'DEPTH) WW119 REMOVE AND REPLACE 36"PS115 PVC WW LINE LF 5 $ 1,040.00 $ 5,200.00 $ 1,553.00 $ 7,765.00 $ 858.00 $ 4,290.00 $ 1,575.93 $ 7,879.65 (10'-18'DEPTH) WW120 REMOVE AND REPLACE 36"PS115 PVC WW LINE LF 5 $ 1,313.00 $ 6,565.00 $ 1,788.00 $ 8,940.00 $ 1,124.40 $ 5,622.00 $ 1,587.02 $ 7,935.10 (>18'DEPTH) WW121 REMOVE AND REPLACE 42"PS115 PVC WW LINE LF 5 $ 1,625.00 $ 8,125.00 $ 2,317.00 $ 11,585.00 $ 1,335.60 $ 6,678.00 $ 8,155.70 $ 40,778.50 (ALL DEPTHS) WW122 REMOVE AND REPLACE<8"DR 18 PVC WW LINE LF 5 $ 319.00 $ 1,595.00 $ 220.00 $ 1,100.00 $ 260.40 $ 1,302.00 $ 347.87 $ 1,739.35 (0'-10'DEPTH) WW123 REMOVE AND REPLACE<8"DR 18 PVC WW LINE LF 5 $ 371.00 $ 1,855.00 $ 305.00 $ 1,525.00 $ 300.00 $ 1,500.00 $ 352.51 $ 1,762.55 (10'-18'DEPTH) WW124 REMOVE AND REPLACE<8"DR 18 PVC WW LINE LF 5 $ 657.00 $ 3,285.00 $ 388.00 $ 1,940.00 $ 543.60 $ 2,718.00 $ 359.02 $ 1,795.10 (>18'DEPTH) WW125 REMOVE AND REPLACE 10"DR 18 PVC WW LINE LF 5 $ 332.00 $ 1,660.00 $ 290.00 $ 1,450.00 $ 258.00 $ 1,290.00 $ 528.31 $ 2,641.55 (0'-10'DEPTH) WW126 REMOVE AND REPLACE 10"DR 18 PVC WW LINE LF 5 $ 423.00 $ 2,115.00 $ 375.00 $ 1,875.00 $ 319.20 $ 1,596.00 $ 538.07 $ 2,690.35 (10'-18'DEPTH) WW127 REMOVE AND REPLACE 10"DR 18 PVC WW LINE LF 5 $ 702.00 $ 3,510.00 $ 458.00 $ 2,290.00 $ 573.60 $ 2,868.00 $ 598.07 $ 2,990.35 (>18'DEPTH) WW128 REMOVE AND REPLACE 12"DR 18 PVC WW LINE LF 5 $ 358.00 $ 1,790.00 $ 374.00 $ 1,870.00 $ 280.80 $ 1,404.00 $ 652.80 $ 3,264.00 (0'-10'DEPTH) WW129 REMOVE AND REPLACE 12"DR 18 PVC WW LINE LF 5 $ 442.00 $ 2,210.00 $ 459.00 $ 2,295.00 $ 348.00 $ 1,740.00 $ 662.56 $ 3,312.80 (10'-18'DEPTH) WW130 REMOVE AND REPLACE 12"DR 18 PVC WW LINE LF 5 $ 507.00 $ 2,535.00 $ 542.00 $ 2,710.00 $ 592.80 $ 2,964.00 $ 667.98 $ 3,339.90 (>18'DEPTH) WW131 REMOVE AND REPLACE 16"DR 18 PVC WW LINE LF 5 $ 390.00 $ 1,950.00 $ 535.00 $ 2,675.00 $ 232.80 $ 1,164.00 $ 728.79 $ 3,643.95 (0'-10'DEPTH) WW132 REMOVE AND REPLACE 16"DR 18 PVC WW LINE LF 5 $ 468.00 $ 2,340.00 $ 624.00 $ 3,120.00 $ 348.00 $ 1,740.00 $ 734.21 $ 3,671.05 (10'-18'DEPTH) WW 133 REMOVE AND REPLACE 16"DR 18 PVC WW LINE LF 5 $ 553.00 $ 2,765.00 $ 707.00 $ 3,535.00 $ 456.00 $ 2,280.00 $ 745.06 $ 3,725.30 (>18'DEPTH) WW134 REMOVE AND REPLACE 18"DR 18 PVC WW LINE LF 5 $ 423.00 $ 2,115.00 $ 636.00 $ 3,180.00 $ 304.80 $ 1,524.00 $ 1,270.72 $ 6,353.60 (0'-10'DEPTH) Page 6 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x 60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW135 REMOVE AND REPLACE 18"DR 18 PVC WW LINE LF 5 $ 520.00 $ 2,600.00 $ 725.00 $ 3,625.00 $ 421.20 $ 2,106.00 $ 1,286.99 $ 6,434.95 (10'-18'DEPTH) WW 136 REMOVE AND REPLACE 18"DR 18 PVC WW LINE LF 5 $ 650.00 $ 3,250.00 $ 808.00 $ 4,040.00 $ 679.20 $ 3,396.00 $ 1,303.25 $ 6,516.25 (>18'DEPTH) WW 137 REMOVE AND REPLACE 24"DR 18 PVC WW LINE LF 5 $ 572.00 $ 2,860.00 $ 1,099.00 $ 5,495.00 $ 489.60 $ 2,448.00 $ 2,454.47 $ 12,272.35 (0'-10'DEPTH) WW 138 REMOVE AND REPLACE 24"DR 18 PVC WW LINE LF 5 $ 683.00 $ 3,415.00 $ 1,188.00 $ 5,940.00 $ 577.20 $ 2,886.00 $ 2,472.07 $ 12,360.35 (10'-18'DEPTH) WW139 REMOVE AND REPLACE 24"DR 18 PVC WW LINE LF 5 $ 943.00 $ 4,715.00 $ 1,308.00 $ 6,540.00 $ 822.00 $ 4,110.00 $ 2,500.22 $ 12,501.10 (>18'DEPTH) WW140 REMOVE AND REPLACE 30"DR 18 PVC WW LINE LF 5 $ 715.00 $ 3,575.00 $ 1,695.00 $ 8,475.00 $ 588.00 $ 2,940.00 $ 2,937.21 $ 14,686.05 (0'-10'DEPTH) WW141 REMOVE AND REPLACE 30"DR 18 PVC WW LINE LF 5 $ 845.00 $ 4,225.00 $ 1,825.00 $ 9,125.00 $ 708.00 $ 3,540.00 $ 2,977.87 $ 14,889.35 (10'-18'DEPTH) WW142 REMOVE AND REPLACE 30"DR 18 PVC WW LINE LF 5 $ 1,170.00 $ 5,850.00 $ 2,060.00 $ 10,300.00 $ 980.40 $ 4,902.00 $ 3,008.37 $ 15,041.85 (>18'DEPTH) WW143 REMOVE AND REPLACE 36"DR 21 PVC WW LINE LF 5 $ 943.00 $ 4,715.00 $ 2,432.00 $ 12,160.00 $ 788.40 $ 3,942.00 $ 3,842.44 $ 19,212.20 (0'-10'DEPTH) WW144 REMOVE AND REPLACE 36"DR 21 PVC WW LINE LF 5 $ 1,040.00 $ 5,200.00 $ 2,562.00 $ 12,810.00 $ 866.40 $ 4,332.00 $ 3,870.60 $ 19,353.00 (10'-18'DEPTH) WW145 REMOVE AND REPLACE 36"DR 21 PVC WW LINE LF 5 $ 1,300.00 $ 6,500.00 $ 2,797.00 $ 13,985.00 $ 1,131.60 $ 5,658.00 $ 3,901.10 $ 19,505.50 (>18'DEPTH) WW146 REMOVE AND REPLACE 42"DR 21 PVC WW LINE LF 5 $ 1,300.00 $ 6,500.00 $ 3,330.00 $ 16,650.00 $ 1,074.00 $ 5,370.00 $ 10,318.30 $ 51,591.50 (0'-10'DEPTH) WW147 REMOVE AND REPLACE 42"DR 21 PVC WW LINE LF 5 $ 1,560.00 $ 7,800.00 $ 3,460.00 $ 17,300.00 $ 1,137.60 $ 5,688.00 $ 10,318.30 $ 51,591.50 (10'-18'DEPTH) WW148 REMOVE AND REPLACE 42"DR 21 PVC WW LINE LF 5 $ 1,820.00 $ 9,100.00 $ 3,669.00 $ 18,345.00 $ 1,213.20 $ 6,066.00 $ 10,318.30 $ 51,591.50 (>18'DEPTH) WW149 TRENCH SAFETY FOR REMOVING&REPLACING WW LINE LF 10 $ 46.00 $ 460.00 $ 155.00 $ 1,550.00 $ 28.80 $ 288.00 $ 122.00 $ 1,220.00 (0'-10'DEPTH) WW150 TRENCH SAFETY FOR REMOVING&REPLACING WW LINE LF 25 $ 52.00 $ 1,300.00 $ 309.00 $ 7,725.00 $ 36.00 $ 900.00 $ 274.50 $ 6,862.50 (10'-18'DEPTH) WW151 TRENCH SAFETY FOR REMOVING&REPLACING WW LINE LF 25 $ 65.00 $ 1,625.00 $ 464.00 $ 11,600.00 $ 50.40 $ 1,260.00 $ 335.50 $ 8,387.50 (>18'DEPTH) WW152 STANDARD SERVICE RE-CONNECTION FOR<8"REMOVAL&REPLACEMENT EA 2 $ 2,340.00 $ 4,680.00 $ 1,302.00 $ 2,604.00 $ 1,136.40 $ 2,272.80 $ 2,437.65 $ 4,875.30 WW153 STANDARD SERVICE RE-CONNECTION FOR 10"REMOVAL&REPLACEMENT EA 1 $ 2,470.00 $ 2,470.00 $ 1,722.00 $ 1,722.00 $ 1,338.00 $ 1,338.00 $ 2,152.17 $ 2,152.17 WW154 STANDARD SERVICE RE-CONNECTION FOR 12"REMOVAL&REPLACEMENT EA 1 $ 2,730.00 $ 2,730.00 $ 1,722.00 $ 1,722.00 $ 1,489.20 $ 1,489.20 $ 2,402.27 $ 2,402.27 WW155 STANDARD SERVICE RE-CONNECTION FOR 16"REMOVAL&REPLACEMENT EA 1 $ 3,250.00 $ 3,250.00 $ 2,026.00 $ 2,026.00 $ 1,386.00 $ 1,386.00 $ 3,561.40 $ 3,561.40 WW156 STANDARD SERVICE RE-CONNECTION FOR 18"REMOVAL&REPLACEMENT EA 1 $ 3,640.00 $ 3,640.00 $ 2,044.00 $ 2,044.00 $ 1,621.20 $ 1,621.20 $ 3,581.53 $ 3,581.53 WW157 STANDARD SERVICE RE-CONNECTION FOR 24"REMOVAL&REPLACEMENT EA 1 $ 4,160.00 $ 4,160.00 $ 2,698.00 $ 2,698.00 $ 1,820.40 $ 1,820.40 $ 5,081.53 $ 5,081.53 WW158 DEEP SERVICE RE-CONNECTION FOR<8"REMOVAL&REPLACEMENT EA 1 $ 2,600.00 $ 2,600.00 $ 3,226.00 $ 3,226.00 $ 1,912.80 $ 1,912.80 $ 2,645.55 $ 2,645.55 (>8'DEPTH) Page 7 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.23089810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW 159 DEEP SERVICE RE-CONNECTION FOR 10"REMOVAL&REPLACEMENT EA 1 $ 3,250.00 $ 3,250.00 $ 3,226.00 $ 3,226.00 $ 2,018.40 $ 2,018.40 $ 2,895.65 $ 2,895.65 (>8'DEPTH) WW160 DEEP SERVICE RE-CONNECTION FOR V REMOVAL&REPLACEMENT EA 1 $ 3,900.00 $ 3,900.00 $ 3,226.00 $ 3,226.00 $ 2,041.20 $ 2,041.20 $ 3,145.75 $ 3,145.75 (>8'DEPTH) WW 161 DEEP SERVICE RE-CONNECTION FOR 16"REMOVAL&REPLACEMENT EA 1 $ 4,550.00 $ 4,550.00 $ 3,935.00 $ 3,935.00 $ 2,146.80 $ 2,146.80 $ 4,335.66 $ 4,335.66 (>8'DEPTH) WW 162 DEEP SERVICE RE-CONNECTION FOR 18"REMOVAL&REPLACEMENT EA 1 $ 5,200.00 $ 5,200.00 $ 3,992.00 $ 3,992.00 $ 2,583.60 $ 2,583.60 $ 4,341.76 $ 4,341.76 (>8'DEPTH) WW163 DEEP SERVICE RE-CONNECTION FOR 30"REMOVAL&REPLACEMENT EA 1 $ 5,850.00 $ 5,850.00 $ 6,350.00 $ 6,350.00 $ 2,983.20 $ 2,983.20 $ 5,958.54 $ 5,958.54 (>8'DEPTH) WW164 DEEP SERVICE RE-CONNECTION FOR 36"REMOVAL&REPLACEMENT EA 1 $ 7,150.00 $ 7,150.00 $ 6,515.00 $ 6,515.00 $ 3,240.00 $ 3,240.00 $ 5,958.54 $ 5,958.54 (>8'DEPTH) WW165 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 2,000 $ 108.00 $ 216,000.00 $ 115.00 $ 230,000.00 $ 120.90 $ 241,800.00 $ 126.62 $ 253,240.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW166 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 650 $ 151.00 $ 98,150.00 $ 125.00 $ 81,250.00 $ 123.50 $ 80,275.00 $ 130.82 $ 85,033.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW167 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 150 $ 172.00 $ 25,800.00 $ 150.00 $ 22,500.00 $ 134.40 $ 20,160.00 $ 175.62 $ 26,343.00 W/HDPE DIPS DR 17)(>18'DEPTH) WW168 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 145.00 $ 3,625.00 $ 130.00 $ 3,250.00 $ 117.60 $ 2,940.00 $ 145.12 $ 3,628.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW169 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 200 $ 162.00 $ 32,400.00 $ 136.00 $ 27,200.00 $ 122.40 $ 24,480.00 $ 163.42 $ 32,684.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW170 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 247.00 $ 6,175.00 $ 161.00 $ 4,025.00 $ 156.00 $ 3,900.00 $ 200.02 $ 5,000.50 W/HDPE DIPS DR 17)(>18'DEPTH) WW171 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 158.00 $ 3,950.00 $ 142.00 $ 3,550.00 $ 126.00 $ 3,150.00 $ 163.42 $ 4,085.50 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW172 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING LF 80 $ 179.00 $ 14,320.00 $ 149.00 $ 11,920.00 $ 144.00 $ 11,520.00 $ 181.72 $ 14,537.60 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW173 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 17)(>18'DEPTH) LF 25 $ 380.00 $ 9,500.00 $ 173.00 $ 4,325.00 $ 167.18 $ 4,179.50 $ 218.32 $ 5,458.00 WW174 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 195.00 $ 4,875.00 $ 240.00 $ 6,000.00 $ 219.35 $ 5,483.75 $ 236.62 $ 5,915.50 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW175 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING LF 200 $ 225.00 $ 45,000.00 $ 248.00 $ 49,600.00 $ 258.00 $ 51,600.00 $ 261.02 $ 52,204.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW176 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING LF 75 $ 385.00 $ 28,875.00 $ 280.00 $ 21,000.00 $ 295.20 $ 22,140.00 $ 322.02 $ 24,151.50 W/HDPE DIPS DR 17)(>18'DEPTH) WW177 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 220.00 $ 5,500.00 $ 260.00 $ 6,500.00 $ 274.80 $ 6,870.00 $ 297.62 $ 7,440.50 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW178 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 235.00 $ 5,875.00 $ 269.00 $ 6,725.00 $ 306.00 $ 7,650.00 $ 315.92 $ 7,898.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW179 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 225 $ 308.00 $ 69,300.00 $ 308.00 $ 69,300.00 $ 386.40 $ 86,940.00 $ 383.02 $ 86,179.50 W/HDPE DIPS DR 17)(>18'DEPTH) WW180 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 387.00 $ 9,675.00 $ 337.00 $ 8,425.00 $ 516.00 $ 12,900.00 $ 497.76 $ 12,444.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW181 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 125 $ 420.00 $ 52,500.00 $ 350.00 $ 43,750.00 $ 660.00 $ 82,500.00 $ 509.96 $ 63,745.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW182 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 525.00 $ 13,125.00 $ 431.00 $ 10,775.00 $ 837.60 $ 20,940.00 $ 619.76 $ 15,494.00 W/HDPE DIPS DR 17)(>18'DEPTH) Page 8 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW183 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 613.00 $ 15,325.00 $ 809.00 $ 20,225.00 $ 709.50 $ 17,737.50 $ 827.16 $ 20,679.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW184 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 660.00 $ 16,500.00 $ 833.00 $ 20,825.00 $ 946.00 $ 23,650.00 $ 888.16 $ 22,204.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW185 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 675.00 $ 16,875.00 $ 961.00 $ 24,025.00 $ 1,034.00 $ 25,850.00 $ 1,010.16 $ 25,254.00 W/HDPE DIPS DR 17)(>18'DEPTH) WW186 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 785.00 $ 19,625.00 $ 888.00 $ 22,200.00 $ 1,870.00 $ 46,750.00 $ 1,864.16 $ 46,604.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW187 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 800.00 $ 20,000.00 $ 959.00 $ 23,975.00 $ 2,310.00 $ 57,750.00 $ 1,986.16 $ 49,654.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW188 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 875.00 $ 21,875.00 $ 1,243.00 $ 31,075.00 $ 2,750.00 $ 68,750.00 $ 2,196.00 $ 54,900.00 W/HDPE DIPS DR 17)(>18'DEPTH) WW189 REHAB 42"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 906.00 $ 22,650.00 $ 1,663.00 $ 41,575.00 $ 2,821.50 $ 70,537.50 $ 2,962.16 $ 74,054.00 W/HDPE DIPS DR 17)(0'-10'DEPTH) WW190 REHAB 42"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 935.00 $ 23,375.00 $ 1,734.00 $ 43,350.00 $ 3,520.00 $ 88,000.00 $ 3,084.16 $ 77,104.00 W/HDPE DIPS DR 17)(10'-18'DEPTH) WW191 REHAB 42"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 1,000.00 $ 25,000.00 $ 2,018.00 $ 50,450.00 $ 3,740.00 $ 93,500.00 $ 3,328.16 $ 83,204.00 W/HDPE DIPS DR 17)(>18'DEPTH) WW192 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 4,100 $ 112.00 $ 459,200.00 $ 120.00 $ 492,000.00 $ 118.30 $ 485,030.00 $ 126.82 $ 519,962.00 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW193 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 400 $ 150.00 $ 60,000.00 $ 131.00 $ 52,400.00 $ 122.20 $ 48,880.00 $ 145.12 $ 58,048.00 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW194 REHAB<8"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 150.00 $ 3,750.00 $ 155.00 $ 3,875.00 $ 144.00 $ 3,600.00 $ 187.82 $ 4,695.50 W/HDPE DIPS DR 13.5)(>18'DEPTH) WW195 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 400 $ 118.00 $ 47,200.00 $ 135.00 $ 54,000.00 $ 115.20 $ 46,080.00 $ 157.32 $ 62,928.00 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW196 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 500 $ 175.00 $ 87,500.00 $ 141.00 $ 70,500.00 $ 124.80 $ 62,400.00 $ 175.62 $ 87,810.00 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW197 REHAB 10"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 350.00 $ 8,750.00 $ 166.00 $ 4,150.00 $ 150.00 $ 3,750.00 $ 212.22 $ 5,305.50 W/HDPE DIPS DR 13.5)(>18'DEPTH) WW198 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING LF 250 $ 265.00 $ 66,250.00 $ 152.00 $ 38,000.00 $ 126.00 $ 31,500.00 $ 175.62 $ 43,905.00 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW199 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING LF 110 $ 275.00 $ 30,250.00 $ 159.00 $ 17,490.00 $ 146.40 $ 16,104.00 $ 193.92 $ 21,331.20 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW200 REHAB 12"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 600.00 $ 15,000.00 $ 183.00 $ 4,575.00 $ 168.00 $ 4,200.00 $ 230.52 $ 5,763.00 W/HDPE DIPS DR 13.5)(>18'DEPTH) WW201 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING LF 100 $ 335.00 $ 33,500.00 $ 263.00 $ 26,300.00 $ 222.00 $ 22,200.00 $ 248.82 $ 24,882.00 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW202 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING LF 75 $ 325.00 $ 24,375.00 $ 272.00 $ 20,400.00 $ 264.00 $ 19,800.00 $ 273.22 $ 20,491.50 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW203 REHAB 16"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 13.5)(>18'DEPTH) LF 25 $ 720.00 $ 18,000.00 $ 310.00 $ 7,750.00 $ 300.00 $ 7,500.00 $ 334.22 $ 8,355.50 WW204 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 346.00 $ 8,650.00 $ 318.00 $ 7,950.00 $ 270.00 $ 6,750.00 $ 309.82 $ 7,745.50 W/HDPE DIPS DR 13.5)(0'-10-DEPTH) WW205 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 300.00 $ 7,500.00 $ 328.00 $ 8,200.00 $ 300.00 $ 7,500.00 $ 328.12 $ 8,203.00 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW206 REHAB 18"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 550.00 $ 13,750.00 $ 382.00 $ 9,550.00 $ 420.00 $ 10,500.00 $ 395.22 $ 9,880.50 W/HDPE DIPS DR 13.5)(>18'DEPTH) Page 9 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW207 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 752.00 $ 18,800.00 $ 406.00 $ 10,150.00 $ 516.00 $ 12,900.00 $ 509.96 $ 12,749.00 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW208 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 585.00 $ 14,625.00 $ 420.00 $ 10,500.00 $ 660.00 $ 16,500.00 $ 520.94 $ 13,023.50 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW209 REHAB 24"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 585.00 $ 14,625.00 $ 501.00 $ 12,525.00 $ 840.00 $ 21,000.00 $ 630.74 $ 15,768.50 W/HDPE DIPS DR 13.5)(>18'DEPTH) WW210 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 891.00 $ 22,275.00 $ 830.00 $ 20,750.00 $ 693.00 $ 17,325.00 $ 850.34 $ 21,258.50 .W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW211 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 725.00 $ 18,125.00 $ 855.00 $ 21,375.00 $ 935.00 $ 23,375.00 $ 911.34 $ 22,783.50 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW212 REHAB 30"WW LINE(PNEUMATIC PIPE BURSTING W/HDPE DIPS DR 13.5)(>18'DEPTH) LF 25 $ 775.00 $ 19,375.00 $ 982.00 $ 24,550.00 $ 1,072.50 $ 26,812.50 $ 1,033.34 $ 25,833.50 WW213 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 845.00 $ 21,125.00 $ 1,269.00 $ 31,725.00 $ 2,035.00 $ 50,875.00 $ 1,923.94 $ 48,098.50 W/HDPE DIPS DR 13.5)(0'-10'DEPTH) WW214 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 755.00 $ 18,875.00 $ 1,340.00 $ 33,500.00 $ 2,420.00 $ 60,500.00 $ 2,045.94 $ 51,148.50 W/HDPE DIPS DR 13.5)(10'-18'DEPTH) WW215 REHAB 36"WW LINE(PNEUMATIC PIPE BURSTING LF 25 $ 880.00 $ 22,000.00 $ 1,624.00 $ 40,600.00 $ 2,915.00 $ 72,875.00 $ 2,289.94 $ 57,248.50 W/HDPE DIPS DR 13.5)(>18'DEPTH) WW216 STANDARD SERVICE RE-CONNECTION EA 50 $ 1,350.00 $ 67,500.00 $ 1,672.00 $ 83,600.00 $ 1,920.00 $ 96,000.00 $ 1,586.00 $ 79,300.00 FOR<8"PIPE BURSTING WW217 STANDARD SERVICE RE-CONNECTION EA 10 $ 1,450.00 $ 14,500.00 $ 1,668.00 $ 16,680.00 $ 2,040.00 $ 20,400.00 $ 1,647.00 $ 16,470.00 FOR 10"PIPE BURSTING WW218 STANDARD SERVICE RE-CONNECTION EA 5 $ 1,550.00 $ 7,750.00 $ 1,682.00 $ 8,410.00 $ 2,160.00 $ 10,800.00 $ 1,708.00 $ 8,540.00 FOR 12"PIPE BURSTING WW219 STANDARD SERVICE RE-CONNECTION EA 1 $ 1,750.00 $ 1,750.00 $ 2,044.00 $ 2,044.00 $ 2,160.00 $ 2,160.00 $ 1,952.00 $ 1,952.00 FOR 16"PIPE BURSTING WW220 STANDARD SERVICE RE-CONNECTION EA 1 $ 2,850.00 $ 2,850.00 $ 3,013.00 $ 3,013.00 $ 5,400.00 $ 5,400.00 $ 3,050.00 $ 3,050.00 FOR 18"-36"PIPE BURSTING WW221 DEEP SERVICE RE-CONNECTION EA 1 $ 2,000.00 $ 2,000.00 $ 3,529.00 $ 3,529.00 $ 2,760.00 $ 2,760.00 $ 3,416.00 $ 3,416.00 FOR<_8"PIPE BURSTING(>8'DEPTH) WW222 DEEP SERVICE RE-CONNECTION EA 1 $ 2,100.00 $ 2,100.00 $ 3,226.00 $ 3,226.00 $ 2,880.00 $ 2,880.00 $ 3,538.00 $ 3,538.00 FOR 10"PIPE BURSTING(>8'DEPTH) WW223 DEEP SERVICE RE-CONNECTION EA 1 $ 2,200.00 $ 2,200.00 $ 3,226.00 $ 3,226.00 $ 3,120.00 $ 3,120.00 $ 3,660.00 $ 3,660.00 FOR 12"PIPE BURSTING(>8'DEPTH) WW224 DEEP SERVICE RE-CONNECTION EA 1 $ 2,500.00 $ 2,500.00 $ 4,231.00 $ 4,231.00 $ 4,560.00 $ 4,560.00 $ 3,904.00 $ 3,904.00 FOR 16"PIPE BURSTING(>8'DEPTH) WW225 DEEP SERVICE RE-CONNECTION EA 1 $ 3,750.00 $ 3,750.00 $ 6,740.00 $ 6,740.00 $ 11,400.00 $ 11,400.00 $ 12,200.00 $ 12,200.00 FOR 18"-36"PIPE BURSTING(>8'DEPTH) WW254 GROUTING LATERAL CONNECTIONS EA 2 $ 2,150.00 $ 4,300.00 $ 1,702.00 $ 3,404.00 $ 1,500.00 $ 3,000.00 $ 244.00 $ 488.00 (ALL SIZES,ALL DEPTHS) WW255 CHEMICAL GROUT,COMPLETE IN PLACE PER GALLON GA 5 $ 700.00 $ 3,500.00 $ 1,547.00 $ 7,735.00 $ 850.00 $ 4,250.00 $ 152.50 $ 762.50 WW256 OBSTRUCTION REMOVAL BY REMOTE DEVICE EA 5 $ 450.00 $ 2,250.00 $ 851.00 $ 4,255.00 $ 550.00 $ 2,750.00 $ 7,320.00 $ 36,600.00 (ALL DEPTHS) WW257 OBSTRUCTION REMOVAL BY EXCAVATION EA 5 $ 4,000.00 $ 20,000.00 $ 7,348.00 $ 36,740.00 $ 6,000.00 $ 30,000.00 $ 9,150.00 $ 45,750.00 (0'-10'DEPTH) WW258 OBSTRUCTION REMOVAL BY EXCAVATION EA 5 $ 9,000.00 $ 45,000.00 $ 13,923.00 $ 69,615.00 $ 10,800.00 $ 54,000.00 $ 12,810.00 $ 64,050.00 (10'-18'DEPTH) Page 10 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.RichFY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308ey St. 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.hriBox x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW259 OBSTRUCTION REMOVAL BY EXCAVATION EA 5 $ 17,000.00 $ 85,000.00 $ 17,635.00 $ 88,175.00 $ 12,000.00 $ 60,000.00 $ 18,300.00 $ 91,500.00 (>18'DEPTH) WW260 SERVICE LATERAL REPLACEMENT(0'-10'DEPTH MAIN,INCLUDES CLEAN LF 15 $ 101.00 $ 1,515.00 $ 232.00 $ 3,480.00 $ 300.00 $ 4,500.00 $ 462.60 $ 6,939.00 OUT,BOOT,COUPLING)(<10 LF) WW261 SERVICE LATERAL REPLACEMENT(10'-18'DEPTH MAIN,INCLUDES CLEAN LF 10 $ 134.00 $ 1,340.00 $ 309.00 $ 3,090.00 $ 426.00 $ 4,260.00 $ 692.67 $ 6,926.70 OUT,BOOT,COUPLING)(<10 LF) WW262 SERVICE LATERAL REPLACEMENT(>18'DEPTH MAIN,INCLUDES CLEAN LF 5 $ 176.00 $ 880.00 $ 387.00 $ 1,935.00 $ 519.60 $ 2,598.00 $ 2,602.16 $ 13,010.80 OUT,BOOT,COUPLING)(<10 LF) WW263 WELL POINTING FOR LINE WORK,MANHOLE,OR POINT REPAIR(PER LF OF LF 20 $ 1,000.00 $ 20,000.00 $ 600.00 $ 12,000.00 $ 700.00 $ 14,000.00 $ 610.00 $ 12,200.00 TRENCH)(0'-10'DEPTH)(15 LF MIN) WW264 WELL POINTING FOR LINE WORK,MANHOLE,OR POINT REPAIR(PER LF OF LF 25 $ 1,180.00 $ 29,500.00 $ 690.00 $ 17,250.00 $ 800.00 $ 20,000.00 $ 1,037.00 $ 25,925.00 TRENCH)(10'-18'DEPTH)(15 LF MIN) WW265 WELL POINTING FOR LINE WORK,MANHOLE,OR POINT REPAIR(PER LF OF LF 50 $ 2,000.00 $ 100,000.00 $ 1,560.00 $ 78,000.00 $ 925.00 $ 46,250.00 $ 2,440.00 $ 122,000.00 TRENCH)(>18'DEPTH)(15 LF MIN) WW266 BYPASS PUMPING SET-UP-BYPASSING LINE<8"DIA.LINES EA 10 $ 8,100.00 $ 81,000.00 $ 7,448.00 $ 74,480.00 $ 5,000.00 $ 50,000.00 $ 4,800.00 $ 48,000.00 WW267 BYPASS PUMPING SET-UP-BYPASSING LINE>8"-12"DIA.LINES EA 10 $ 11,100.00 $ 111,000.00 $ 7,448.00 $ 74,480.00 $ 7,000.00 $ 70,000.00 $ 6,800.00 $ 68,000.00 WW268 BYPASS PUMPING SET-UP-BYPASSING LINE>12"-18"DIA.LINES EA 5 $ 12,100.00 $ 60,500.00 $ 7,787.00 $ 38,935.00 $ 10,000.00 $ 50,000.00 $ 15,684.00 $ 78,420.00 WW269 BYPASS PUMPING SET-UP-BYPASSING LINE>18"-30"DIA.LINES EA 1 $ 18,500.00 $ 18,500.00 $ 12,704.00 $ 12,704.00 $ 20,000.00 $ 20,000.00 $65,000.00 $ 65,000.00 WW270 BYPASS PUMPING SET-UP-BYPASSING LINE>30"-36"DIA.LINES EA 1 $ 31,250.00 $ 31,250.00 $ 25,823.00 $ 25,823.00 $ 30,000.00 $ 30,000.00 $85,000.00 $ 85,000.00 WW271 BYPASS PUMPING SET-UP-BYPASSING LINE>36"DIA.LINES EA 1 $ 32,000.00 $ 32,000.00 $ 25,823.00 $ 25,823.00 $ 40,000.00 $ 40,000.00 $125,000.00 $ 125,000.00 WW272 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING<8"LINES CD 10 $ 3,125.00 $ 31,250.00 $ 2,327.00 $ 23,270.00 $ 6,000.00 $ 60,000.00 $ 1,300.00 $ 13,000.00 WW273 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING>8"-12"LINES CD 10 $ 3,750.00 $ 37,500.00 $ 2,327.00 $ 23,270.00 $ 6,000.00 $ 60,000.00 $ 3,900.00 $ 39,000.00 WW274 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING>12"-18" CD 10 $ 4,250.00 $ 42,500.00 $ 2,714.00 $ 27,140.00 $ 6,000.00 $ 60,000.00 $ 5,625.00 $ 56,250.00 LINES WW275 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING>18"-30" CD 10 $ 5,500.00 $ 55,000.00 $ 3,946.00 $ 39,460.00 $ 6,000.00 $ 60,000.00 $ 9,939.00 $ 99,390.00 LINES WW276 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING>30"-36" CD 10 $ 8,250.00 $ 82,500.00 $ 3,946.00 $ 39,460.00 $ 6,000.00 $ 60,000.00 $23,444.00 $ 234,440.00 LINES WW277 CONTROL OF WASTEWATER FLOWS WITH BYPASS PUMPING>36"LINES CD 5 $ 9,500.00 $ 47,500.00 $ 4,456.00 $ 22,280.00 $ 9,000.00 $ 45,000.00 $27,914.00 $ 139,570.00 WW278 BYPASS DISCHARGING PIPE FOR CONTROL OF<8"WASTEWATER FLOWS LF 300 $ 28.00 $ 8,400.00 $ 2.00 $ 600.00 $ 200.00 $ 60,000.00 $ 16.25 $ 4,875.00 WW279 BYPASS DISCHARING PIPE FOR CONTROL OF 10"-12"WASTEWATER LF 300 $ 45.00 $ 13,500.00 $ 2.00 $ 600.00 $ 250.00 $ 75,000.00 $ 28.62 $ 8,586.00 FLOWS WW280 BYPASS DISCHARGING PIPE FOR CONTROL OF 15"-18"WASTEWATER LF 300 $ 50.00 $ 15,000.00 $ 3.00 $ 900.00 $ 300.00 $ 90,000.00 $ 36.16 $ 10,848.00 FLOWS WW281 BYPASS DISCHARGING PIPE FOR CONTROL OF 24"-30"WASTEWATER LF 300 $ 55.00 $ 16,500.00 $ 3.00 $ 900.00 $ 450.00 $ 135,000.00 $ 96.99 $ 29,097.00 FLOWS WW282 BYPASS DISCHARGING PIPE FOR CONTROL OF 32"-36"WASTEWATER LF 150 $ 70.00 $ 10,500.00 $ 9.00 $ 1,350.00 $ 600.00 $ 90,000.00 $ 299.00 $ 44,850.00 FLOWS Page 11 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.23089810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW283 BYPASS DISCHARGING PIPE FOR CONTROL OF>36"WASTEWATER FLOWS LF 100 $ 92.00 $ 9,200.00 $ 9.00 $ 900.00 $ 700.00 $ 70,000.00 $ 462.00 $ 46,200.00 WW284 FURNISH VACUUM TRUCK(TANDEM)FOR CD 15 $ 10,000.00 $ 150,000.00 $ 9,360.00 $ 140,400.00 $ 8,500.00 $ 127,500.00 $ 18,000.00 $ 270,000.00 CONTROL OF WW FLOW(24-HOUR PERIOD) WW285 PRE CCTV-CLEAN&TELEVISE WW LINES LF 5,000 $ 14.00 $ 70,000.00 $ 14.00 $ 70,000.00 $ 8.86 $ 44,300.00 $ 12.20 $ 61,000.00 (LINES 8"-18") WW286 PRE CCTV-CLEAN&TELEVISE WW LINES LF 1,000 $ 29.00 $ 29,000.00 $ 29.00 $ 29,000.00 $ 29.69 $ 29,690.00 $ 26.84 $ 26,840.00 (LINES>18'-42") WW287 POST CCTV-TELEVISE WW LINES LF 10,000 $ 6.00 $ 60,000.00 $ 7.00 $ 70,000.00 $ 5.00 $ 50,000.00 $ 4.88 $ 48,800.00 (LINES 8"-18") WW288 POST CCTV-TELEVISE WW LINES LF 125 $ 9.00 $ 1,125.00 $ 11.00 $ 1,375.00 $ 12.50 $ 1,562.50 $ 7.93 $ 991.25 (LINES>18"-42") WW289 CCTV REVERSE SET-UP EA 15 $ 366.00 $ 5,490.00 $ 330.00 $ 4,950.00 $ 450.00 $ 6,750.00 $ 366.00 $ 5,490.00 (UNABLE TO TRAVERSE LINE ON INITIAL SET-UP) WW290 CCTV SET-UPS EA 3 $ 366.00 $ 1,098.00 $ 330.00 $ 990.00 $ 750.00 $ 2,250.00 $ 366.00 $ 1,098.00 WW291 WW LINE HEAVY CLEANING(LINES 8"-18") LF 200 $ 32.00 $ 6,400.00 $ 9.00 $ 1,800.00 $ 20.00 $ 4,000.00 $ 9.76 $ 1,952.00 WW292 WW LINE HEAVY CLEANING(LINES>18"-42") LF 200 $ 24.00 $ 4,800.00 $ 21.00 $ 4,200.00 $ 30.00 $ 6,000.00 $ 21.96 $ 4,392.00 WW293 CLEAN&CCTV MANHOLE/MANHOLE INSPECTION EA 2 $ 798.00 $ 1,596.00 $ 720.00 $ 1,440.00 $ 1,000.00 $ 2,000.00 $ 793.00 $ 1,586.00 WW294 REMOVE EXISTING WW MANHOLE(ALL SIZES) EA 5 $ 2,000.00 $ 10,000.00 $ 6,000.00 $ 30,000.00 $ 3,432.00 $ 17,160.00 $ 7,198.00 $ 35,990.00 WW295 FURNISH&INSTALL FT DIA.FIBERGLASS WW MANHOLE(0'-6'DEPTH) EA 5 $ 11,172.00 $ 55,860.00 $ 17,517.00 $ 87,585.00 $ 16,694.40 $ 83,472.00 $ 16,779.00 $ 83,895.00 WW296 FURNISH&INSTALL 5 FT DIA.FIBERGLASS WW MANHOLE(0'-6'DEPTH) EA 1 $ 15,362.00 $ 15,362.00 $ 20,041.00 $ 20,041.00 $ 19,132.80 $ 19,132.80 $22,947.00 $ 22,947.00 WW297 FURNISH&INSTALL 6 FT DIA.FIBERGLASS WW MANHOLE(0'-6'DEPTH) EA 1 $ 1,816.00 $ 1,816.00 $ 21,761.00 $ 21,761.00 $ 23,720.40 $ 23,720.40 $28,936.00 $ 28,936.00 WW298 EXTRA DEPTH FOR FT DIA.FIBERGLASS WW MANHOLE(6'-18'DEPTH) VF 10 $ 2,095.00 $ 20,950.00 $ 1,214.00 $ 12,140.00 $ 1,050.00 $ 10,500.00 $ 1,693.00 $ 16,930.00 WW299 EXTRA DEPTH FOR 5 FT DIA.FIBERGLASS WW MANHOLE(6'-18'DEPTH) VF 3 $ 2,793.00 $ 8,379.00 $ 1,539.00 $ 4,617.00 $ 1,382.40 $ 4,147.20 $ 2,053.67 $ 6,161.01 WW300 EXTRA DEPTH FOR 6 FT DIA.FIBERGLASS WW MANHOLE(6'-18'DEPTH) VF 3 $ 3,492.00 $ 10,476.00 $ 1,747.00 $ 5,241.00 $ 1,599.60 $ 4,798.80 $ 2,419.67 $ 7,259.01 WW301 EXTRA DEPTH FOR FT DIA.FIBERGLASS WW MANHOLE(>18'DEPTH) VF 3 $ 3,325.00 $ 9,975.00 $ 1,498.00 $ 4,494.00 $ 1,050.00 $ 3,150.00 $ 1,279.33 $ 3,837.99 WW302 EXTRA DEPTH FOR 5 FT DIA.FIBERGLASS WW MANHOLE(>18'DEPTH) VF 1 $ 4,190.00 $ 4,190.00 $ 1,823.00 $ 1,823.00 $ 1,382.40 $ 1,382.40 $ 3,764.00 $ 3,764.00 WW303 EXTRA DEPTH FOR 6 FT DIA.FIBERGLASS WW MANHOLE(>18'DEPTH) VF 1 $ 4,888.00 $ 4,888.00 $ 2,030.00 $ 2,030.00 $ 1,599.60 $ 1,599.60 $ 3,899.14 $ 3,899.14 WW304 4 FT DIA POLYMER COATING SYSTEM MANHOLE REHAB(0'-6'DEPTH) EA 15 $ 6,300.00 $ 94,500.00 $ 5,497.00 $ 82,455.00 $ 3,450.00 $ 51,750.00 $ 3,444.06 $ 51,660.90 WW305 5 FT DIA POLYMER COATING SYSTEM MANHOLE REHAB(0'-6'DEPTH) EA 2 $ 7,400.00 $ 14,800.00 $ 6,217.00 $ 12,434.00 $ 4,200.00 $ 8,400.00 $ 3,556.30 $ 7,112.60 WW306 6 FT DIA POLYMER COATING SYSTEM MANHOLE REHAB(0'-6'DEPTH) EA 2 $ 9,420.00 $ 18,840.00 $ 7,990.00 $ 15,980.00 $ 5,100.00 $ 10,200.00 $ 5,419.24 $ 10,838.48 Page 12 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.2308 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x 60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW307 EXTRA DEPTH FOR FT DIA.POLYMER COATING SYSTEM MANHOLE REHAB VF 15 $ 1,029.00 $ 15,435.00 $ 474.00 $ 7,110.00 $ 575.00 $ 8,625.00 $ 473.36 $ 7,100.40 (OVER 6'DEPTH) WW308 EXTRA DEPTH FOR 5 FT DIA.POLYMER COATING SYSTEM MANHOLE REHAB VF 5 $ 1,160.00 $ 5,800.00 $ 594.00 $ 2,970.00 $ 700.00 $ 3,500.00 $ 592.92 $ 2,964.60 (OVER 6'DEPTH) WW309 EXTRA DEPTH FOR 6 FT DIA.POLYMER COATING SYSTEM MANHOLE REHAB VF 5 $ 1,483.00 $ 7,415.00 $ 889.00 $ 4,445.00 $ 850.00 $ 4,250.00 $ 904.02 $ 4,520.10 (OVER 6'DEPTH) WW310 4 FT DIA WW MANHOLE FRP REHAB W/INSERT EA 5 $ 13,250.00 $ 66,250.00 $ 13,345.00 $ 66,725.00 $ 14,486.40 $ 72,432.00 $ 12,200.00 $ 61,000.00 (0'-6'DEPTH) WW311 5 FT DIA WW MANHOLE FRP REHAB W/INSERT EA 5 $ 14,750.00 $ 73,750.00 $ 15,517.00 $ 77,585.00 $ 16,441.20 $ 82,206.00 $ 17,690.00 $ 88,450.00 (0'-6'DEPTH) WW312 6 FT DIA WW MANHOLE FRP REHAB W/INSERT EA 5 $ 19,000.00 $ 95,000.00 $ 19,691.00 $ 98,455.00 $ 18,181.20 $ 90,906.00 $20,130.00 $ 100,650.00 (0'-6'DEPTH) WW313 EXTRA DEPTH FOR 4 FT DIA.WW MANHOLE FRP REHAB W/INSERT(OVER 6' VF 15 $ 2,200.00 $ 33,000.00 $ 921.00 $ 13,815.00 $ 1,034.40 $ 15,516.00 $ 845.87 $ 12,688.05 DEPTH) WW314 EXTRA DEPTH FOR 5 FT DIA.WW MANHOLE FRP REHAB W/INSERT.(OVER VF 5 $ 2,444.00 $ 12,220.00 $ 1,177.00 $ 5,885.00 $ 1,137.60 $ 5,688.00 $ 1,099.53 $ 5,497.65 6'DEPTH) WW315 EXTRA DEPTH FOR 6 FT DIA.WW MANHOLE FRP REHAB W/INSERT.(OVER VF 5 $ 3,142.00 $ 15,710.00 $ 1,566.00 $ 7,830.00 $ 1,441.20 $ 7,206.00 $ 1,439.60 $ 7,198.00 6'DEPTH) WW316 4 FT DIA WW MANHOLE CONCRETE REHAB EA 5 $ 3,931.00 $ 19,655.00 $ 4,332.00 $ 21,660.00 $ 7,606.60 $ 38,033.00 $ 4,586.00 $ 22,930.00 (0'-6'DEPTH) WW317 5 FT DIA WW MANHOLE CONCRETE REHAB EA 5 $ 4,629.00 $ 23,145.00 $ 5,028.00 $ 25,140.00 $ 7,907.20 $ 39,536.00 $ 6,513.20 $ 32,566.00 (0'-6'DEPTH) WW318 6 FT DIA WW MANHOLE CONCRETE REHAB EA 5 $ 5,327.00 $ 26,635.00 $ 6,111.00 $ 30,555.00 $ 9,723.80 $ 48,619.00 $ 9,513.20 $ 47,566.00 (0'-6'DEPTH) WW319 EXTRA DEPTH FOR FT DIA.WW MANHOLE CONCRETE REHAB.(OVER 6' VF 5 $ 608.00 $ 3,040.00 $ 657.00 $ 3,285.00 $ 425.00 $ 2,125.00 $ 657.58 $ 3,287.90 DEPTH) WW320 EXTRA DEPTH FOR 5 FT DIA.WW MANHOLE CONCRETE REHAB.(OVER 6' VF 5 $ 771.00 $ 3,855.00 $ 812.00 $ 4,060.00 $ 525.00 $ 2,625.00 $ 787.85 $ 3,939.25 DEPTH) WW321 EXTRA DEPTH FOR 6 FT DIA.WW MANHOLE CONCRETE REHAB.(OVER 6' VF 5 $ 886.00 $ 4,430.00 $ 1,044.00 $ 5,220.00 $ 675.00 $ 3,375.00 $ 795.87 $ 3,979.35 DEPTH) WW322 TRENCH SAFETY FOR WW MANHOLES EA 5 $ 308.00 $ 1,540.00 $ 1,315.00 $ 6,575.00 $ 1,360.80 $ 6,804.00 $ 1,047.20 $ 5,236.00 (0'-6'DEPTH) WW323 EXTRA DEPTH FOR TRENCH SAFETY FOR WW MANHOLES(OVER 6'DEPTH) VF 15 $ 219.00 $ 3,285.00 $ 278.00 $ 4,170.00 $ 195.60 $ 2,934.00 $ 2,644.11 $ 39,661.65 WW324 EXTERNAL DROP CONNECTION EA 3 $ 2,400.00 $ 7,200.00 $ 5,329.00 $ 15,987.00 $ 4,773.60 $ 14,320.80 $ 6,282.51 $ 18,847.53 (ALL DEPTHS) WW325 REMOVE&REPLACE 30"MANHOLE RING&COVER(INCLUDES S.S.INFLOW EA 2 $ 4,190.00 $ 8,380.00 $ 4,120.00 $ 8,240.00 $ 5,400.00 $ 10,800.00 $ 4,907.46 $ 9,814.92 INHIBITOR&NEW HDPE ADJUSTMENT RINGS) WW326 REMOVE&REPLACE 36" MANHOLE RING&COVER(INCLUDES S.S.INFLOW EA 1 $ 4,888.00 $ 4,888.00 $ 4,843.00 $ 4,843.00 $ 6,180.00 $ 6,180.00 $ 6,946.07 $ 6,946.07 INHIBITOR&NEW HDPE ADJUSTMENT RINGS) WW327 NEW RING&COVER,30"OPENING-UPGRADE TO COMPOSITE MANHOLE EA 2 $ 3,492.00 $ 6,984.00 $ 5,468.00 $ 10,936.00 $ 6,516.00 $ 13,032.00 $ 5,555.12 $ 11,110.24 NEW RING&COVER WW328 NEW RING&COVER,36"OPENING-UPGRADE TO COMPOSITE MANHOLE EA 2 $ 3,836.00 $ 7,672.00 $ 9,400.00 $ 18,800.00 $ 10,080.00 $ 20,160.00 $ 5,847.66 $ 11,695.32 NEW RING&COVER WW329 MANHOLE PROTECTION IN UNPAVED AREAS VF 2 $ 280.00 $ 560.00 $ 309.00 $ 618.00 $ 1,491.60 $ 2,983.20 $ 5,773.50 $ 11,547.00 (>5'ABOVE GROUND ELEVATION) WW330 RECONSTRUCT MANHOLE TOP CORBEL(ANY SIZE) EA 2 $ 9,776.00 $ 19,552.00 $ 6,000.00 $ 12,000.00 $ 12,156.00 $ 24,312.00 $ 11,710.00 $ 23,420.00 Page 13 of 15 CITYWIDE WASTEWATER IDIO 23082 131 N.Richey St.FY2023 PM Construction&Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.23089810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpusp.0.Bohrix x60089 i,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW331 RECONSTRUCT MANHOLE BENCH&INVERTS EA 5 $ 1,600.00 $ 8,000.00 $ 1,200.00 $ 6,000.00 $ 1,750.00 $ 8,750.00 $ 3,710.00 $ 18,550.00 WW332 CUT&RESTORE HMAC PAVEMENT(INCLUDES 3"THICK PAVEMENT,12" SY 400 $ 250.00 $ 100,000.00 $ 264.00 $ 105,600.00 $ 337.20 $ 134,880.00 $ 189.10 $ 75,640.00 BASE&PRIME COAT) WW333 ADDITIONAL HMAC PAVEMENT THICKNESS SY 400 $ 28.00 $ 11,200.00 $ 54.00 $ 21,600.00 $ 61.20 $ 24,480.00 $ 21.96 $ 8,784.00 (1/2"PER SY) WW334 CUT&RESTORE CONCRETE PAVEMENT SY 200 $ 273.00 $ 54,600.00 $ 360.00 $ 72,000.00 $ 589.20 $ 117,840.00 $ 274.50 $ 54,900.00 (INCLUDES 12"PAVEMENT&BASE) WW335 ADDITIONAL CONCRETE PAVEMENT THICKNESS SY 5 $ 56.00 $ 280.00 $ 60.00 $ 300.00 $ 74.40 $ 372.00 $ 24.40 $ 122.00 (1"PER SY) WW336 EROSION CONTROL-SODDING SY 250 $ 14.00 $ 3,500.00 $ 20.00 $ 5,000.00 $ 27.60 $ 6,900.00 $ 12.20 $ 3,050.00 WW337 EROSION CONTROL-SEEDING SY 25 $ 8.00 $ 200.00 $ 15.00 $ 375.00 $ 12.00 $ 300.00 $ 3.66 $ 91.50 WW338 CEMENT STABILIZED SAND BACKFILL TON 500 $ 80.00 $ 40,000.00 $ 77.00 $ 38,500.00 $ 128.40 $ 64,200.00 $ 103.70 $ 51,850.00 (1.5 SACKS OF CEMENT PER 1 CY OF SAND) WW339 CEMENT STABILIZED SAND BACKFILL TON 50 $ 95.00 $ 4,750.00 $ 84.00 $ 4,200.00 $ 138.00 $ 6,900.00 $ 252.50 $ 12,625.00 (2 SACKS OF CEMENT PER 1 CY OF SAND) WW340 CEMENT STABILIZED SAND BACKFILL TON 50 $ 102.00 $ 5,100.00 $ 80.00 $ 4,000.00 $ 144.00 $ 7,200.00 $ 274.40 $ 13,720.00 (160 LBS OF CEMENT PER 1 CY OF SAND) WW341 SELECT BACKFILL MATERIAL CY 50 $ 80.00 $ 4,000.00 $ 15.00 $ 750.00 $ 30.00 $ 1,500.00 $ 42.70 $ 2,135.00 WW342 FLOWABLE BACKFILL CY 50 $ 367.00 $ 18,350.00 $ 200.00 $ 10,000.00 $ 294.00 $ 14,700.00 $ 229.60 $ 11,480.00 WW343 PREPARATION AND IMPLEMENTATION OF A TRAFFIC CONTROL PLAN AL 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $30,000.00 $ 30,000.00 ALLOWANCE(NON-RESIDENTIAL WORK SITES) WW344 TRAFFIC CONTROL PLAN(3RD PARTY ENGINEER CERTIFIED)-FOR ROW EA 7 $ 2,100.00 $ 14,700.00 $ 2,564.00 $ 17,948.00 $ 8,500.00 $ 59,500.00 $ 11,590.00 $ 81,130.00 CONSTRUCTION PERMIT FOR RESIDENTIAL WORK SITES WW345 REMOVAL&REPLACEMENT OF CHAIN LINK FENCING LF 200 $ 59.00 $ 11,800.00 $ 49.00 $ 9,800.00 $ 48.00 $ 9,600.00 $ 79.30 $ 15,860.00 WW346 REMOVAL&REPLACEMENT OF WOOD FENCING LF 200 $ 63.00 $ 12,600.00 $ 55.00 $ 11,000.00 $ 54.00 $ 10,800.00 $ 67.10 $ 13,420.00 WW347 TREE REMOVAL(>6"DIA.TRUNK) EA 8 $ 1,044.00 $ 8,352.00 $ 1,419.00 $ 11,352.00 $ 600.00 $ 4,800.00 $ 1,999.00 $ 15,992.00 WW348 REMOVE,RELOCATE,AND REINSTALL MAIL BOX EA 1 $ 3,500.00 $ 3,500.00 $ 549.00 $ 549.00 $ 600.00 $ 600.00 $ 244.00 $ 244.00 WW349 REMOVE AND REPLACE CONCRETE DRIVEWAY SF 200 $ 105.00 $ 21,000.00 $ 45.00 $ 9,000.00 $ 33.60 $ 6,720.00 $ 31.99 $ 6,398.00 WW350 REMOVE AND REPLACE CONCRETE SIDEWALK SF 200 $ 105.00 $ 21,000.00 $ 35.00 $ 7,000.00 $ 26.40 $ 5,280.00 $ 30.99 $ 6,198.00 WW351 REMOVE AND REPLACE CURB AND GUTTER LF 50 $ 37.00 $ 1,850.00 $ 73.00 $ 3,650.00 $ 76.80 $ 3,840.00 $ 42.70 $ 2,135.00 OR VALLEY GUTTER WW352 REMOVE AND REPLACE CURB RAMP EA 1 $ 2,205.00 $ 2,205.00 $ 3,499.00 $ 3,499.00 $ 2,460.00 $ 2,460.00 $ 4,270.00 $ 4,270.00 WW353 INSTALL 8"CLEANOUT EA 5 $ 4,409.00 $ 22,045.00 $ 2,035.00 $ 10,175.00 $ 1,140.00 $ 5,700.00 $ 4,223.15 $ 21,115.75 WW354 GROUT FILL&ABANDON IN PLACE WW LINE CY 3 $ 259.00 $ 777.00 $ 503.00 $ 1,509.00 $ 1,886.40 $ 5,659.20 $ 311.10 $ 933.30 Page 14 of 15 CITYWIDE WASTEWATER IDIO2308 FY2023 PM Construction h Rehab,LLC Jhabores Construction Company,Inc. National Power Rodding Corp. Clark Pipeline Services,LLC CIN PROJECT NO.23082 131 N.Richey St. p.0.Box 60089 9810 FM 969 6229 Leopard St. Pasadena,TX 77506 Corpus Christi,TX,78466 Austin,TX 78724 Corpus Christi,TX 78409 P:(281)292-6758 p:(361)852-8858 P:(512)928-1420 P:(361)816-6007 ESTIMATED EXTENDED EXTENDED EXTENDED EXTENDED ITEM DESCRIPTION UNIT QUANTITY UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT UNITPRICE AMOUNT WW355 TEMPORARY CONSTRUCTION ENTRANCE/EXIT EA 1 $ 7,700.00 $ 7,700.00 $ 7,091.00 $ 7,091.00 $ 4,286.40 $ 4,286.40 $ 3,660.00 $ 3,660.00 WW356 POWER POLE SUPPORT EA 1 $ 4,900.00 $ 4,900.00 $ 2,320.00 $ 2,320.00 $ 3,780.00 $ 3,780.00 $ 15,000.00 $ 15,000.00 WW357 EROSION CONTROL-TEMPORARY SEDIMENT CONTROL FENCE(SILT LF 5 $ 15.00 $ 75.00 $ 5.00 $ 25.00 $ 5.40 $ 27.00 $ 36.60 $ 183.00 FENCE AND/OR SILT BARRIER) WW358 INLET PROTECTION EA 1 $ 735.00 $ 735.00 $ 232.00 $ 232.00 $ 48.00 $ 48.00 $ 152.50 $ 152.50 WW359 ALLOWANCEFOR OTHER TRENCHLESS TECHNOLOGIES FOR REHABILITATION OF WASTEWATER LINES AL 1 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 $200,000.00 $ 200,000.00 SUBTOTAL PART WW-WASTEWATER IMPROVEMENTS $ 6,476,203.00 $ 6,924,831.00 $ 7,571,016.85 $ 9,221,174.20 PART W-WATER IMPROVEMENTS W1 ALLOWANCE FOR UNANTICIPATED WATER IMPROVEMENTS ALW 1 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 $30,000.00 $ 30,000.00 SUBTOTAL PART W-WATER $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 SUBTOTAL PART A-GENERAL(ITEMS At TO A3) $ 510,000.00 $ 580,020.00 $ 550,550.84 $ 647,033.00 SUBTOTAL PART WW-WASTEWATER IMPROVEMENTS(ITEMS WWI TH RU WW313) $ 6,476,203.00 $ 6,924,831.00 $ 7,571,016.85 $ 9,221,174.20 SUBTOTAL PART W-WATER IMPROVEMENTS(ITEMS WI) $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 TOTAL PROJECT BASE BID(PARTS A,WW,W)" $ 7,016,203.00 $ 7,534,851.00 $ 8,151,567.69 $ 9,898,207.20 Emergency Coefficient-To be applied to an Emergency Delivery Order as defined in the Special Procedures(01 35 00)Section of the Contract. 1.50 Note*The Contractor selecton will be based on the lowest responsive/responsible bid,but a total amount of$8,100,000 will be awarded as the Not to Exceed amount. There will not be a guaranteed amount,and Delivery Orders will be based on the needs of Corpus Christi Water. Page 15 of 15 Capital Improvement Flan 2023 thr" 2025 City of Corpus Christi, Texas Project# 18157/22110 .,. Project Name Citywide Wastewater ID/IQ Type Reconditioning-Asset Longevity Department Wastewater UsefulLife 25 years Contact Director of Water Utilities Category Wastewater Priority 2 Critical-Asset Condition\longevity Status Active Description The citywide Indefinite Delivery/Indefinite Quantity program is a long-term initiative designed to reduce the number and volume of sanitary sewer overflows within the City. It is a key component of the life cycle program component to address collection system conveyance and manhole infrastructure requirements within the City. The program will identify,prioritize and implement specific capital improvement projects in a phased design and construction approach to extend the service life,improve flows,improve water quality,reduce overflows and cave-ins and reduce long-term maintenance costs. The scope of work includes,but is not limited to: rehabilitation and/or replacement of manholes, rehabilitation and/or replacement of gravity collection lines and/or force mains by pipe bursting,cured-in-place pipe,and/or open-cut method for lines up to 36-inches in diameter,gravity line point repairs,dewatering through well pointing,control of wastewater flows through bypass ,pumping,cleaning and televised inspection of conduits,etc. Justification This project is needed to meet operational and regulatory requirements. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 30,800,000 15,100,000 15,100,000 15,100,000 76,100,000 Design 700,000 300,000 300,000 300,000 1,600,000 Contingency 1,550,000 1,550,000 1,550,000 4,650,000 Eng,Admin Reimbursements 779,941 350,000 350,000 350,000 1,829,941 Total 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Funding Sources Prior Years 2023 2024 2025 Total Revenue Bonds 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Total 32,279,941 17,300,000 17,300,000 17,300,000 84,179,941 Budget Impact/Other 71 Normal flow to the City's wastewater treatment plants is about 30 million gallons per day(MGD).When it rains,damaged pipe allows the infiltration of rainwater to flow into the treatment plants and be treated along normal wastewater flows,and consequently results in increased operational costs.In addition,damaged lines are prone to overflows of the system and subject to cave-ins. The implementation of this program will reduce overflows,decrease operational costs and protect the environment. 339 °° p uyu i IV,i CITYWIDE PROJECT X w E 0 CORPUS CHRISTI BAY a a< �° S s 3 � Q VICINITY MAP s P NOT TO SCALE CITYWIDE PROJECT r; V ad VI`iiQ IIIIO 1'I W as_ Ip it AERIAL MAP NOT TO SCALE P ro'ect Number: 23082 CITY COUNCIL EXHIBIT CITYWIDE WASTEWATER IDIQ FY2023 CITY OF CORPUS CHRISTI,TEXAS DEPARTMENT OF ENGINEERING SERVICES `"�= Corpus Chr s[i Engineering Citywide Wastewater Indefinite Delivery Indefinite Quantity (IDIQ) FY2023 Council Presentation July 25, 2023 _ Project Location i;r Er7�rr7ecriri�3 Y• 33 CIT-IDE-ECT S 8 AA VICINITY MAP � fr' CITYWIDE PROJECT Project N u m ber:23082 Project Scope corpus chr sti Engineering A brief summary of proposed improvements is as follows: • Project will include rehabilitation, replacement, and point repair gravity wastewater collection system lines, manholes/structures, service laterals, and force mains using open-cut trenching and pipe bursting for lines up to 42-inches in diameter. Work includes dewatering through well pointing, control of wastewater flow through bypass pumping, cleaning and televised of pipelines as needed, and site restoration to pre-existing or better conditions. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response on-call services. 3 Project Schedule Corpus Chr sti Engineering 2023 2023 - 2024 May - July September-September Bid/ Award Construction Projected Schedule reflects City Council award in July 2023 with anticipated completion By September 2024. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Wesley Nebgen, Director of Water System Infrastructure WesleyN a-cctexas.com (361) 826-3111 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 6oshc2(a)-cctexas.com (361) 826-3169 Construction Contract Award Citywide Water Line Repair/Replace-Large Diameter IDIQ FY2023 Part B Project No. 23107 CAPTION: Motion awarding a construction contract to Clark Pipeline Services, LLC, Corpus Christi, Texas, in an amount up to $5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity FY2023 Part B project, located Citywide, with FY 2023 funding available from the Water Capital Fund. SUMMARY: This motion awards a construction contract for the Citywide Water Line Repair/Replace-Large Diameter Indefinite Delivery Indefinite Quantity (IDIQ) FY2023 Part B project to replace large diameter waterlines within the City's water distribution system at various locations throughout the City. BACKGROUND AND FINDINGS: The project is an Indefinite Delivery Indefinite Quantity (IDIQ) construction contract to complete water distribution system construction throughout the city. The work will be issued by the City in multiple indefinite quantity individual work orders called "Delivery Orders" (DO) that provide specific scope and requirements in accordance with the plans, specifications, and contract documents.The delivery orders are planned, designed, and prepared by the Corpus Christi Water (CCW) team using established line items for pricing. Only relevant line items will be utilized for each delivery order. The final quantities for each of the line items will differ due to the scope and extent of the various projects. This is a"not to exceed" contract in which Delivery Orders can only be issued up to the contract ceiling. The scope of work includes removal and abandonment of water lines, installation of new 6-inch to 24-inch water lines by open trenching or horizontal directional drilling, casing, new fire hydrants, valves, fittings, services, pavement repairs, and other miscellaneous items required to complete the project. The contract also includes provisions for work that is required on pipelines greater than the diameter of 24-inch. Work also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on-call during the Contract to provide emergency response services. Emergency Delivery Orders will include improvements for water lines from 2-inch to 24-inch. The contract will have an initial one-year term, with the option to administratively renew for two additional one-year periods in an amount up to $5,000,000.00 for a total amount not to exceed $15,000 000.00. The determination to exercise renewal options will be based on the Contractor's successful performance for the work assigned. Each Delivery Order shall be treated as an individual contract and be completed within the stipulated substantial completion days in each Delivery Order document. CCW currently has three IDIQ contracts for water and wastewater totaling $15,000,000. Planned projects, pipe replacement goals, and inflation have all contributed to the need for increased funding and additional contracts. This is one of seven IDIQ contracts that CCW will be implementing this fiscal year. Multiple contracts will provide greater flexibility in responding and completing projects effectively and efficiently. A breakdown of additional contracts are as follows. CCW IDIQ Indefinite Delivery Indefinite Quantity Contracts Utility Contract Value Bid Date Actual / Estimated Council Agenda Date 1 Wastewater $5,000,000 October 19, 2022 January 24, 2023 2 Water Small Diameter $5,000,000 December 7, 2022 January 31, 2023 3 Water Large Diameter $5,000,000 January 18, 2023 March 7, 2023 4 Wastewater $8,100,000 June 9, 2023 July 25, 2023 5 Wastewater Manhole $2,000,000 June 21, 2023 August 8, 2023 6 Water Large Diameter $5,000,000 June 14, 2023 July 25, 2023 7 Water Small Diameter $5,000,000 June 28, 2023 August 8, 2023 Total IDIQ Contract Value $35,100,000 PROJECT TIMELINE: 2023 2023 - 2024 May- July September-September Bid/Award Construction Project schedule reflects City Council award in July 2023 with anticipated completion by September 2024. COMPETITIVE SOLICITATION PROCESS The Contracts and Procurement Department issued a Request for Bid for the project and on June 14, 2023, the city received bids from two bidders. The City evaluated the bids in accordance with the contract documents and determined Clark Pipeline Services, LLC to be the lowest responsive and responsible bidder. A summary of the bids is provided below: BID SUMMARY CONTRACTOR BASE BID Clark Pipeline Services, LLC $4,926,396.61 Jhabores Construction Company, Inc. $5,986,027.87 Engineer's Opinion of Probable Construction Cost $5,537,730.00 Clark Pipeline Services, LLC has successfully completed numerous projects with the City including Alameda, Ayers, and Navigation Street projects which include water line replacement. Clark Pipeline Services, LLC has also completed various water IDIQ projects since 2017. Clark Pipeline Services was recently awarded a similar IDIQ contract for large-diameter water line replacements. ALTERNATIVES: City Council could choose not to award the construction contract to Clark Pipeline Services, LLC. This would delay repairs to the water distribution system causing more costly repairs to the infrastructure and property. FISCAL IMPACT: The fiscal impact for the FY 2023 is an amount of$5,000,000.00 with funding available from the Water Capital Fund. FUNDING DETAIL: Fund: WTRCP RR 032950 2023 (Fund 4487) Department: Water (45) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 23107-4487-EXP Amount $5,000,000.00 RECOMMENDATION: Staff recommends awarding the construction contract for the Citywide Water Line Repair/Replace-Large Diameter IDIQ FY2023 Part B project to Clark Pipeline Services, LLC, in the amount of$5,000,000.00 with two renewal options to be administratively authorized for a total amount not to exceed $15,000,000.00 for. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in September 2023 with completion in September 2024. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Map Bid Tab CIP Page PowerPoint Presentation TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part A-GENERAL Al Mobilization(Maximum 5%of Project Total) LS 1 $ 12,300.00 $ 12,300.00 $ 250,000.00 $ 250,000.00 A2 Storm Water Pollution Prevention EA 1 $ 12,300.00 $ 12,300.00 $ 35,000.00 $ 35,000.00 SUBTOTAL PART A-GENERAL(Items Al thru A2) $ 24,600.00 $ 285,000.00 Part B-WATERLINE IMPROVEMENTS B1 Remove and Dispose of 6"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 50 $ 12.60 $ 630.00 $ 42.63 $ 2,131.50 B2 Remove and Dispose of 8"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 50 $ 15.75 $ 787.50 $ 48.54 $ 2,427.00 B3 Remove and Dispose of 10" Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 50 $ 15.75 $ 787.50 $ 55.74 $ 2,787.00 B4 Remove and Dispose of 12"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 100 $ 28.35 $ 2,835.00 $ 56.35 $ 5,635.00 B5 Remove and Dispose of 16"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 100 $ 29.40 $ 2,940.00 $ 66.23 $ 6,623.00 B6 Remove and Dispose of 20"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 100 $ 29.40 $ 2,940.00 $ 79.94 $ 7,994.00 B7 Remove and Dispose of 24"Diam.CIP/DIP/PVC Waterline(Up to 5-ft of Cover) LF 50 $ 39.90 $ 1,995.00 $ 100.08 $ 5,004.00 B8 Remove and Dispose of 6"Diam.ACP Waterline(Up to 5-ft of Cover) LF 50 $ 70.22 $ 3,511.00 $ 54.22 $ 2,711.00 B9 Remove and Dispose of 8" Diam.ACP Waterline(Up to 5-ft of Cover) LF 50 $ 70.22 $ 3,511.00 $ 63.76 $ 3,188.00 Page 1 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B10 Remove and Dispose of 10" Diam.ACP Waterline(Up to 5-ft of Cover) LF 50 $ 70.22 $ 3,511.00 $ 69.97 $ 3,498.50 B11 Remove and Dispose of 12" Diam.ACP Waterline(Up to 5-ft of Cover) LF 20 $ 74.63 $ 1,492.60 $ 76.61 $ 1,532.20 B12 Remove and Dispose of 14" Diam.ACP Waterline(Up to 5-ft of Cover) LF 20 $ 74.63 $ 1,492.60 $ 96.12 $ 1,922.40 B13 Remove and Dispose of 16"Diam.ACP Waterline(Up to 5-ft of Cover) LF 20 $ 76.11 $ 1,522.20 $ 127.08 $ 2,541.60 B14 Remove and Dispose of 20"Diam.ACP Waterline(Up to 5-ft of Cover) LF 20 $ 76.11 $ 1,522.20 $ 189.47 $ 3,789.40 B15 Remove and Dispose of 24"Diam.ACP Waterline(Up to 5-ft of Cover) LF 20 $ 76.11 $ 1,522.20 $ 373.91 $ 7,478.20 B16 Furnish and Install 6"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 20 $ 91.54 $ 1,830.80 $ 63.86 $ 1,277.20 B17 Furnish and Install 8"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover) (0-100 ft) LF 20 $ 102.32 $ 2,046.40 $ 84.76 $ 1,695.20 B18 Furnish and Install 10" Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover) (0-100 ft) LF 20 $ 102.32 $ 2,046.40 $ 107.30 $ 2,146.00 B19 Furnish and Install 12"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover) (0-100 ft) LF 20 $ 129.00 $ 2,580.00 $ 123.50 $ 2,470.00 B20 Furnish and Install 16"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 20 $ 147.69 $ 2,953.80 $ 172.56 $ 3,451.20 B21 Furnish and Install 20"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 20 $ 181.44 $ 3,628.80 $ 240.02 $ 4,800.40 B22 Furnish and Install 24"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(0-100 ft) LF 20 $ 275.60 $ 5,512.00 $ 322.22 $ 6,444.40 B23 Furnish and Install 6"Diam.C900 DR18 PVC Waterline(Up to 5-ft Cover)(>100 ft) LF 100 $ 89.18 $ 8,918.00 $ 63.86 $ 6,386.00 Page 2 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B24 Furnish and Install 8"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 94.53 $ 9,453.00 $ 84.70 $ 8,470.00 B25 Furnish and Install 10"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 109.93 $ 10,993.00 $ 107.30 $ 10,730.00 B26 Furnish and Install 12"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 116.55 $ 11,655.00 $ 123.50 $ 12,350.00 B27 Furnish and Install 16"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 165.89 $ 16,589.00 $ 170.14 $ 17,014.00 B28 Furnish and Install 20"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 197.69 $ 19,769.00 $ 240.02 $ 24,002.00 B29 Furnish and Install 24"Diam.C900 DR18 PVC Waterline(Up to 5-ft of Cover)(>100 ft) LF 100 $ 251.83 $ 25,183.00 $ 322.25 $ 32,225.00 B30 Extra Depth for PVC Waterline Installation for Each Vertical Foot Over 5-ft Cover,Added LF 5 $ 26.67 $ 133.35 $ 20.00 $ 100.00 Linearly Along the Trench(All Pipe Sizes) B31 Furnish and Install 6"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 170.20 $ 851.00 $ 205.34 $ 1,026.70 B32 Furnish and Install 8"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 236.80 $ 1,184.00 $ 294.51 $ 1,472.55 B33 Furnish and Install 10"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 253.23 $ 1,266.15 $ 312.44 $ 1,562.20 B34 Furnish and Install 12"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 318.92 $ 1,594.60 $ 392.56 $ 1,962.80 B35 Furnish and Install 16"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 498.96 $ 2,494.80 $ 231.45 $ 1,157.25 B36 Furnish and Install 20"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 681.31 $ 3,406.55 $ 318.78 $ 1,593.90 B37 Furnish and Install 24"Diam.DIP Waterline(Up to 5-ft of Cover) LF 5 $ 910.34 $ 4,551.70 $ 437.89 $ 2,189.45 Page 3 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B38 Extra Depth for DIP Waterline Installations for Each Vertical Foot Over 5-ft of Cover,Added LF 5 $ 128.80 $ 644.00 $ 45.00 $ 225.00 Linearly Along the Trench(All Pipe Sizes) B39 Point Repair in Front Easement/ROW EA 2 $ 3,042.02 $ 6,084.04 $ 6,822.86 $ 13,645.72 B40 Furnish and Install 8"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 269.72 $ 40,458.00 $ 384.00 $ 57,600.00 B41 Furnish and Install 10" Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 303.61 $ 45,541.50 $ 442.00 $ 66,300.00 B42 Furnish and Install 12"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 340.78 $ 51,117.00 $ 512.00 $ 76,800.00 B43 Furnish and Install 14"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 410.03 $ 61,504.50 $ 592.00 $ 88,800.00 B44 Furnish and Install 16"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 546.97 $ 82,045.50 $ 671.00 $ 100,650.00 B45 Furnish and Install 20"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 688.26 $ 103,239.00 $ 865.00 $ 129,750.00 B46 Furnish and Install 24"Diam.C900 DR 18 Fusible PVC Waterline by HDD(0-300 ft) LF 150 $ 865.00 $ 129,750.00 $ 1,095.00 $ 164,250.00 B47 Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 150 $ 585.00 $ 87,750.00 $ 384.00 $ 57,600.00 Easement(0-300 ft) B48 Construct Drill Pads EA 2 $ 9,375.00 $ 18,750.00 $ 8,850.00 $ 17,700.00 B49 Furnish and Install 8"Diam.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 300 $ 253.72 $ 76,116.00 $ 326.00 $ 97,800.00 B50 Furnish and Install 10"Diam.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 300 $ 303.61 $ 91,083.00 $ 376.00 $ 112,800.00 B51 Furnish and Install 12"Diam.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 300 $ 340.78 $ 102,234.00 $ 436.00 $ 130,800.00 Page 4 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B52 Furnish and Install 14"Diam.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 300 $ 410.03 $ 123,009.00 $ 495.00 $ 148,500.00 B53 Furnish and Install 16"Diam.C900 DR 18 Fusible PVC Waterline by HDD(>300 ft) LF 300 $ 546.97 $ 164,091.00 $ 566.00 $ 169,800.00 B54 Furnish and Install 8" Diam. C900 DR 18 Fusible PVC Waterline by HDD in Backyard LF 300 $ 585.00 $ 175,500.00 $ 326.00 $ 97,800.00 Easement(>300 ft) B55 Furnish and Install 6"R/W Gate Valve and Valve Box EA 2 $ 1,494.21 $ 2,988.42 $ 1,716.20 $ 3,432.40 B56 Furnish and Install 8"R/W Gate Valve and Valve Box EA 2 $ 2,143.95 $ 4,287.90 $ 2,374.09 $ 4,748.18 B57 Furnish and Install 10"R/W Gate Valve and Valve Box EA 2 $ 3,301.67 $ 6,603.34 $ 3,542.23 $ 7,084.46 B58 Furnish and Install 12"R/W Gate Valve and Valve Box EA 2 $ 3,982.00 $ 7,964.00 $ 4,228.67 $ 8,457.34 B59 Furnish and Install 16"R/W Gate Valve and Valve Box EA 4 $ 16,825.94 $ 67,303.76 $ 17,312.68 $ 69,250.72 B60 Furnish and Install 20"R/W Gate Valve and Valve Box EA 4 $ 28,083.41 $ 112,333.64 $ 28,823.60 $ 115,294.40 B61 Furnish and Install 24"R/W Gate Valve and Valve Box EA 4 $ 37,904.60 $ 151,618.40 $ 39,037.44 $ 156,149.76 B62 Furnish and Install 30"R/W Gate Valve and Valve Box EA 1 $ 65,861.36 $ 65,861.36 $ 54,745.97 $ 54,745.97 B63 Furnish and Install 36"R/W Gate Valve and Valve Box EA 1 $ 94,039.07 $ 94,039.07 $ 79,317.60 $ 79,317.60 B64 Furnish and Install 6"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 406.55 $ 2,032.75 $ 648.49 $ 3,242.45 B65 Furnish and Install 6"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 326.63 $ 653.26 $ 590.51 $ 1,181.02 Page 5 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B66 Furnish and Install 6"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 722.52 $ 1,445.04 S 1,134.43 $ 2,268.86 B67 Furnish and Install 6"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 546.02 $ 1,092.04 S 896.07 $ 1,792.14 B68 Furnish and Install 8"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 541.06 $ 2,705.30 $ 772.27 $ 3,861.35 B69 Furnish and Install 8"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 400.42 $ 800.84 S 661.93 $ 1,323.86 B70 Furnish and Install 8"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 890.13 $ 1,780.26 S 1,202.54 $ 2,405.08 B71 Furnish and Install 8"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 746.44 $ 1,492.88 $ 1,098.29 $ 2,196.58 B72 Furnish and Install 10"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 826.84 $ 4,134.20 S 1,054.40 $ 5,272.00 B73 Furnish and Install 10"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 575.69 $ 1,151.38 S 827.81 $ 1,655.62 B74 Furnish and Install 10"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,459.28 $ 2,918.56 $ 1,760.90 $ 3,521.80 B75 Furnish and Install 10"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,157.17 $ 2,314.34 S 1,512.72 $ 3,025.44 B76 Furnish and Install 12"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 1,003.42 $ 5,017.10 S 1,196.54 $ 5,982.70 B77 Furnish and Install 12" Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 740.84 $ 1,481.68 S 960.32 $ 1,920.64 B78 Furnish and Install 12" Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,900.83 $ 3,801.66 S 2,302.93 $ 4,605.86 B79 Furnish and Install 12"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,365.53 $ 2,731.06 S 1,722.95 $ 3,445.90 Page 6 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B80 Furnish and Install 16"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 2,095.52 $ 10,477.60 $ 2,251.12 $ 11,255.60 B81 Furnish and Install 16"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,255.65 $ 2,511.30 $ 1,597.85 $ 3,195.70 B82 Furnish and Install 16"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 4,505.70 $ 9,011.40 $ 4,445.62 $ 8,891.24 B83 Furnish and Install 16"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 2,887.76 $ 5,775.52 $ 3,374.80 $ 6,749.60 B84 Furnish and Install 20"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 3,209.04 $ 16,045.20 $ 3,416.90 $ 17,084.50 B85 Furnish and Install 20"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 1,450.26 $ 2,900.52 $ 2,462.74 $ 4,925.48 B86 Furnish and Install 20"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 7,608.01 $ 15,216.02 $ 7,618.18 $ 15,236.36 B87 Furnish and Install 20"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 4,106.86 $ 8,213.72 $ 4,814.03 $ 9,628.06 B88 Furnish and Install 24"Bends(MJ with Mega Lug Joint Restraint Fitting) EA 5 $ 4,471.96 $ 22,359.80 $ 4,468.85 $ 22,344.25 B89 Furnish and Install 24"Reducers-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 3,113.34 $ 6,226.68 $ 4,784.72 $ 9,569.44 B90 Furnish and Install 24"Crosses-All Sizes(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 3,223.93 $ 6,447.86 $ 9,023.03 $ 18,046.06 B91 Furnish and Install 24"Tees(MJ with Mega Lug Joint Restraint Fitting) EA 2 $ 5,381.46 $ 10,762.92 $ 6,282.12 $ 12,564.24 B92 Furnish and Install Copper or HDPE Short Service(Up to 5-ft of Cover) EA 100 $ 2,238.10 $ 223,810.00 $ 3,064.08 $ 306,408.00 B93 Furnish and Install Copper or HDPE Long Service(Up to 5-ft of Cover) EA 100 $ 2,465.29 $ 246,529.00 $ 4,267.18 $ 426,718.00 Page 7 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B94 Reconnect Copper or HDPE Existing Service to Waterline EA 4 $ 2,096.67 $ 8,386.68 $ 1,993.93 $ 7,975.72 B95 Connection to Existing 6"Waterline(conventional sleeve and tee method) EA 2 $ 2,217.02 $ 4,434.04 $ 3,433.76 $ 6,867.52 B96 Connection to Existing 8"Waterline(conventional sleeve and tee method) EA 2 $ 2,687.86 $ 5,375.72 $ 5,131.60 $ 10,263.20 B97 Connection to Existing 10"Waterline(conventional sleeve and tee method) EA 2 $ 3,404.79 $ 6,809.58 $ 5,975.00 $ 11,950.00 B98 Connection to Existing 12"Waterline(conventional sleeve and tee method) EA 4 $ 3,979.64 $ 15,918.56 $ 6,457.00 $ 25,828.00 B99 Connection to Existing 14"Waterline(conventional sleeve and tee method) EA 4 $ 5,311.70 $ 21,246.80 $ 4,916.00 $ 19,664.00 B100 Connection to Existing 16"Waterline(conventional sleeve and tee method) EA 4 $ 6,749.70 $ 26,998.80 $ 12,839.00 $ 51,356.00 B101 Connection to Existing 20"Waterline(conventional sleeve and tee method) EA 4 $ 9,123.37 $ 36,493.48 $ 15,374.00 $ 61,496.00 B102 Connection to Existing 24"Waterline(conventional sleeve and tee method) EA 4 $ 11,856.81 $ 47,427.24 $ 17,842.00 $ 71,368.00 B103 Furnish and Install 6"Tapping Sleeve c/w 4"RW Gate Valve(hot tap method) EA 1 $ 4,663.25 $ 4,663.25 $ 6,093.00 $ 6,093.00 B104 Furnish and Install 8"Tapping Sleeve c/w 4"RW Gate Valve(hot tap method) EA 1 $ 4,705.80 $ 4,705.80 $ 6,162.00 $ 6,162.00 B105 Furnish and Install 8"Tapping Sleeve c/w 6"RW Gate Valve(hot tap method) EA 1 $ 6,114.05 $ 6,114.05 $ 6,895.00 $ 6,895.00 B106 Furnish and Install 10"Tapping Sleeve c/w 4"RW Gate Valve(hot tap method) EA 1 $ 4,637.60 $ 4,637.60 $ 6,214.00 $ 6,214.00 B107 Furnish and Install 10"Tapping Sleeve c/w 6"RW Gate Valve(hot tap method) EA 1 $ 5,041.30 $ 5,041.30 $ 6,933.00 $ 6,933.00 Page 8 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B108 Furnish and Install 12" Tapping Sleeve c/w 8"RW Gate Valve(hot tap method) EA 1 $ 6,526.25 $ 6,526.25 $ 8,139.00 $ 8,139.00 B109 Furnish and Install 12" Tapping Sleeve c/w 10"RW Gate Valve(hot tap method) EA 1 $ 8,306.45 $ 8,306.45 $ 10,186.00 $ 10,186.00 B110 Furnish and Install 16"Tapping Sleeve c/w 12"RW Gate Valve(hot tap method) EA 1 $ 10,536.00 $ 10,536.00 $ 14,260.00 $ 14,260.00 B111 Furnish and Install 16"Tapping Sleeve c/w 14"RW Gate Valve(hot tap method) EA 1 $ 20,834.40 $ 20,834.40 $ 31,151.00 $ 31,151.00 B112 Furnish and Install 20"Tapping Sleeve c/w 16"RW Gate Valve(hot tap method) EA 1 $ 27,931.60 $ 27,931.60 $ 33,204.00 $ 33,204.00 B113 Furnish and Install 24"Tapping Sleeve c/w 20"RW Gate Valve(hot tap method) EA 1 $ 49,102.00 $ 49,102.00 $ 50,032.00 $ 50,032.00 B114 Furnish and Install 6"Tapping Sleeve c/w 6"RW Gate Valve(hot tap method) EA 1 $ 5,236.80 $ 5,236.80 $ 6,888.00 $ 6,888.00 B115 Furnish and Install 8"Tapping Sleeve c/w 8" RW Gate Valve(hot tap method) EA 1 $ 6,319.20 $ 6,319.20 $ 8,047.00 $ 8,047.00 B116 Furnish and Install 10"Tapping Sleeve c/w 10"RW Gate Valve(hot tap method) EA 1 $ 8,594.40 $ 8,594.40 $ 10,110.00 $ 10,110.00 B117 Furnish and Install 12"Tapping Sleeve c/w 12" RW Gate Valve(hot tap method) EA 1 $ 9,592.80 $ 9,592.80 $ 12,173.00 $ 12,173.00 B118 Furnish and Install 14"Tapping Sleeve c/w 14"RW Gate Valve(hot tap method) EA 1 $ 20,557.20 $ 20,557.20 $ 30,806.00 $ 30,806.00 B119 Furnish and Install 16"Tapping Sleeve c/w 16"RW Gate Valve(hot tap method) EA 1 $ 26,955.60 $ 26,955.60 $ 29,370.00 $ 29,370.00 B120 Furnish and Install 20"Tapping Sleeve c/w 20"RW Gate Valve(hot tap method) EA 1 $ 44,116.00 $ 44,116.00 $ 48,122.00 $ 48,122.00 B121 Furnish and Install 24"Tapping Sleeve c/w 24"RW Gate Valve(hot tap method) EA 1 $ 61,343.20 $ 61,343.20 $ 60,828.00 $ 60,828.00 Page 9 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B122 Furnish and Install FH Assembly Long Lead (Tee, Pipe and Valve) Greater than 14' in EA 4 $ 7,116.24 $ 28,464.96 $ 10,039.00 $ 40,156.00 Length B123 Furnish and Install FH Assembly Short Lead(Tee,Pipe and Valve)Up to 14'in Length EA 4 $ 7,428.74 $ 29,714.96 $ 8,822.00 $ 35,288.00 B124 Remove Existing Fire Hydrant EA 2 $ 1,372.07 $ 2,744.14 $ 1,600.00 $ 3,200.00 B125 Furnish and Install Water Meter Box EA 2 $ 1,112.54 $ 2,225.08 $ 138.00 $ 276.00 B126 Furnish and Install 16"Valve Vault EA 1 $ 19,614.14 $ 19,614.14 $ 45,383.00 $ 45,383.00 B127 Furnish and Install 20"Valve Vault EA 1 $ 30,872.21 $ 30,872.21 $ 57,045.00 $ 57,045.00 B128 Furnish and Install 24"Valve Vault EA 1 $ 40,693.40 $ 40,693.40 $ 74,780.00 $ 74,780.00 B129 Furnish and Install 30"Valve Vault EA 1 $ 57,126.96 $ 57,126.96 $ 96,440.00 $ 96,440.00 B130 Furnish and Install 36"Valve Vault EA 1 $ 80,608.39 $ 80,608.39 $ 108,590.00 $ 108,590.00 B131 Adjust Valve Box,14" and Under EA 1 $ 570.00 $ 570.00 $ 1,154.00 $ 1,154.00 B132 Adjust Valve Box,Greater than 14" EA 1 $ 570.00 $ 570.00 $ 1,360.00 $ 1,360.00 B133 Trench Safety for Remove and Install Waterline(Up to 5-ft of Cover) LF 500 $ 12.30 $ 6,150.00 $ 75.00 $ 37,500.00 B134 Extra Depth for Trench Safety for Remove and Install CIP/DIP/PVC Waterline (All Pipe LF 100 $ 30.75 $ 3,075.00 $ 30.00 $ 3,000.00 Sizes) B135 Trench Safety for Horizontal Directional Drill Pits(All Pipe Sizes) EA 10 $ 307.50 $ 3,075.00 $ 2,250.00 $ 22,500.00 Page 10 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B136 Furnish and Install Cement Stabilized Sand TONS 50 $ 615.00 $ 30,750.00 $ 150.00 $ 7,500.00 B137 Clearing and Grubbing AC 1 $ 3,075.00 $ 3,075.00 $ 2,800.00 $ 2,800.00 B138 Furnish and Install Asphalt Pavement Repair SY 50 $ 156.25 $ 7,812.50 $ 240.00 $ 12,000.00 B139 Sawcut Asphalt(All thickness) LF 20 $ 430.50 $ 8,610.00 $ 9.80 $ 196.00 B140 Furnish and Install Asphalt Overlay Per 2"lift greater than 2"thickness SY 10 $ 43.05 $ 430.50 $ 45.00 $ 450.00 B141 Remove Asphalt Per 2"lift greater than 2"thickness SY 10 $ 19.68 $ 196.80 $ 12.00 $ 120.00 B142 Furnish and Install Compacted Limestone Base per 2"depth SY 5 $ 159.60 $ 798.00 $ 16.00 $ 80.00 B143 Furnish and Install Compacted Limestone Base per 4"depth SY 5 $ 319.20 $ 1,596.00 $ 24.00 $ 120.00 B144 Furnish and Install Compacted Limestone Base per 6"depth SY 5 $ 431.20 $ 2,156.00 $ 32.00 $ 160.00 B145 Furnish and Install Concrete Pavement Repair SF 100 $ 69.89 $ 6,989.00 $ 55.00 $ 5,500.00 B146 Sawcut Concrete Per 2"lift greater than 8"thickness LF 100 $ 9.23 $ 923.00 $ 6.00 $ 600.00 B147 Furnish and Install Concrete Thickness per 2"Greater than 8"thickness SF 100 $ 79.95 $ 7,995.00 $ 35.00 $ 3,500.00 B148 Remove Concrete Per 2"lift greater than 8"thickness SF 100 $ 30.75 $ 3,075.00 $ 15.00 $ 1,500.00 B149 Furnish and Install Concrete Driveway Repair SF 100 $ 29.30 $ 2,930.00 $ 29.00 $ 2,900.00 Page 11 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B150 Furnish and Install Concrete Curb Ramp Repair SF 100 $ 52.28 $ 5,228.00 S 48.00 $ 4,800.00 B151 Furnish and Install Concrete Curb and Gutter Repair LF 100 $ 39.36 $ 3,936.00 S 45.00 $ 4,500.00 B152 Furnish and Install Concrete Valley Gutter Repair LF 100 $ 56.40 $ 5,640.00 $ 50.00 $ 5,000.00 B153 Furnish and Install Concrete Sidewalk Repair SF 100 $ 25.20 $ 2,520.00 S 25.00 $ 2,500.00 B154 Furnish and Install Seeding SY 100 $ 2.58 $ 258.00 S 3.00 $ 300.00 B155 Furnish and Install Sodding SY 100 $ 19.68 $ 1,968.00 S 25.00 $ 2,500.00 B156 Furnish and Install Wooden Fence LF 100 $ 55.35 $ 5,535.00 S 55.00 $ 5,500.00 B157 Furnish and Install Chain Link Fencing LF 100 $ 67.65 $ 6,765.00 S 60.00 $ 6,000.00 B158 Haul off Concrete (Greater than 8 inches in thickness)/Asphalt (Greater than 2 inches HR 2 $ 190.65 $ 381.30 S 95.00 $ 190.00 thickness) B159 Tree Removal 4"-8"in Dia. EA 1 $ 450.00 $ 450.00 S 550.00 $ 550.00 B160 Tree Removal Greater than 8"in Dia. EA 1 $ 900.00 $ 900.00 S 890.00 $ 890.00 B161 Remove and Replace Existing Wooden Fence LF 50 $ 36.00 $ 1,800.00 S 45.00 $ 2,250.00 B162 Remove and Replace Existing Chainlink Fence LF 50 $ 42.00 $ 2,100.00 S 55.00 $ 2,750.00 B163 Furnish and Install Silt Fence LF 20 $ 6.13 $ 122.60 S 4.85 $ 97.00 Page 12 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B164 Furnish and Install Fiber Rolls LF 5 $ 21.73 $ 108.65 $ 32.00 $ 160.00 B165 Furnish and Install Rock Filter Dam LS 1 $ 3,000.00 $ 3,000.00 $ 2,900.00 $ 2,900.00 B166 Furnish and Install Construction Entrance/Exit LS 1 $ 8,625.00 $ 8,625.00 $ 3,560.00 $ 3,560.00 B167 Furnish and Install Well Pointing for Waterline Installation(Up to 5-ft of Cover) LF 20 $ 211.50 $ 4,230.00 $ 45.00 $ 900.00 B168 Extra Depth for Well Pointing for Waterline Installation for Each Vertical Foot Over 5-ft of LF 20 $ 237.00 $ 4,740.00 $ 25.00 $ 500.00 Cover,Added Linearly Along the Trench(All Pipe Sizes) B169 Curb Inlet Protection LF 10 $ 75.00 $ 750.00 $ 45.00 $ 450.00 B170 Owner Directed Pothole Utility EA 5 $ 5,075.25 $ 25,376.25 $ 4,850.00 $ 24,250.00 B171 CCTV inspection of Existing Utility(6"to 24"Dia.) LF 100 $ 46.74 $ 4,674.00 $ 6.00 $ 600.00 B172 Furnish and Install 6"Dia.Waterline Cap EA 2 $ 564.63 $ 1,129.26 $ 153.00 $ 306.00 B173 Furnish and Install 8"Dia.Waterline Cap EA 2 $ 552.06 $ 1,104.12 $ 223.00 $ 446.00 B174 Furnish and Install 10"Dia.Waterline Cap EA 2 $ 597.99 $ 1,195.98 $ 341.00 $ 682.00 B175 Furnish and Install 12"Dia.Waterline Cap EA 2 $ 623.71 $ 1,247.42 $ 412.00 $ 824.00 B176 Furnish and Install 14"Dia.Waterline Cap EA 2 $ 901.34 $ 1,802.68 $ 636.00 $ 1,272.00 B177 Furnish and Install 16"Dia.Waterline Cap EA 2 $ 1,153.82 $ 2,307.64 $ 840.00 $ 1,680.00 Page 13 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B178 Furnish and Install 20"Dia.Waterline Cap EA 2 $ 1,726.17 $ 3,452.34 $ 1,302.00 $ 2,604.00 B179 Furnish and Install 24"Dia.Waterline Cap EA 2 $ 2,140.78 $ 4,281.56 $ 1,637.00 $ 3,274.00 B180 Emergency-Trench Excavation Safety Protection(All Depths) LF 500 $ 18.75 $ 9,375.00 $ 85.00 $ 42,500.00 B181 Emergency-Point Repair in Front Easement/ROW,2"Dia.Water Line(All Depths) EA 1 $ 4,465.59 $ 4,465.59 $ 4,000.00 $ 4,000.00 B182 Emergency-Point Repair in Rear/Side Easement,2"Dia.Water Line(All Depths) EA 1 $ 5,909.86 $ 5,909.86 $ 4,800.00 $ 4,800.00 B183 Emergency-Point Repair in Front Easement/ROW,4"Dia.Water Line(All Depths) EA 1 $ 5,071.23 $ 5,071.23 $ 4,597.00 $ 4,597.00 B184 Emergency-Point Repair in Rear/Side Easement,4"Dia.Water Line(All Depths) EA 1 $ 5,916.44 $ 5,916.44 $ 5,340.00 $ 5,340.00 B185 Emergency-Point Repair in Front Easement/ROW,6"Dia.Water Line(All Depths) EA 1 $ 5,474.49 $ 5,474.49 $ 5,000.00 $ 5,000.00 B186 Emergency-Point Repair in Rear/Side Easement,6"Dia.Water Line(All Depths) EA 1 $ 9,386.91 $ 9,386.91 $ 5,859.00 $ 5,859.00 B187 Emergency-Point Repair in Front Easement/ROW,8"Dia.Water Line(All Depths) EA 1 $ 6,053.76 $ 6,053.76 $ 6,250.00 $ 6,250.00 B188 Emergency-Point Repair in Rear/Side Easement,8"Dia.Water Line(All Depths) EA 1 $ 9,062.72 $ 9,062.72 $ 7,000.00 $ 7,000.00 B189 Emergency-Point Repair in Front Easement/ROW,10"Dia.Water Line(All Depths) EA 1 $ 10,743.93 $ 10,743.93 $ 12,445.00 $ 12,445.00 B190 Emergency-Point Repair in Rear/Side Easement,10"Dia.Water Line(All Depths) EA 1 $ 12,534.59 $ 12,534.59 $ 12,445.00 $ 12,445.00 B191 Emergency-Point Repair in Front Easement/ROW,12"Dia.Water Line(All Depths) EA 1 $ 11,420.54 $ 11,420.54 $ 13,793.00 $ 13,793.00 Page 14 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B192 Emergency-Point Repair in Rear/Side Easement,12"Dia.Water Line(All Depths) EA 1 $ 13,323.96 $ 13,323.96 $ 13,793.00 $ 13,793.00 B193 Emergency-Point Repair in Front Easement/ROW,16"Dia.Water Line(All Depths) EA 1 $ 23,112.27 $ 23,112.27 $ 18,447.00 $ 18,447.00 B194 Emergency-Point Repair in Rear/Side Easement,16"Dia.Water Line(All Depths) EA 1 $ 19,810.52 $ 19,810.52 $ 18,447.00 $ 18,447.00 B195 Emergency-Point Repair in Front Easement/ROW,20"Dia.Water Line(All Depths) EA 1 $ 38,633.02 $ 38,633.02 $ 28,264.00 $ 28,264.00 B196 Emergency-Point Repair in Rear/Side Easement,20"Dia.Water Line(All Depths) EA 1 $ 33,114.02 $ 33,114.02 $ 28,264.00 $ 28,264.00 B197 Emergency-Point Repair in Front Easement/ROW,24"Dia.Water Line(All Depths) EA 1 $ 41,235.69 $ 41,235.69 $ 37,146.00 $ 37,146.00 B198 Emergency-Point Repair in Rear/Side Easement,24"Dia.Water Line(All Depths) EA 1 $ 35,344.88 $ 35,344.88 $ 37,146.00 $ 37,146.00 B199 Emergency-Extra Length Point Repair in Front Easement/ROW,2"Dia.Water Line(All LF 2 $ 446.56 $ 893.12 $ 732.00 $ 1,464.00 Depths) B200 Emergency- Extra Length Point Repair in Rear/Side Easement, 2" Dia. Water Line(All LF 2 $ 620.99 $ 1,241.98 $ 732.00 $ 1,464.00 Depths) B201 Emergency-Extra Length Point Repair in Front Easement/ROW,4"Dia.Water Line(All LF 2 $ 507.12 $ 1,014.24 $ 738.00 $ 1,476.00 Depths) B202 Emergency- Extra Length Point Repair in Rear/Side Easement, 4" Dia. Water Line(All LF 2 $ 791.64 $ 1,583.28 $ 738.00 $ 1,476.00 Depths) B203 Emergency-Extra Length Point Repair in Front Easement/ROW,6"Dia.Water Line(All LF 2 $ 547.45 $ 1,094.90 $ 747.00 $ 1,494.00 Depths) 8204 Emergency- Extra Length Point Repair in Rear/Side Easement, 6" Dia. Water Line(All LF 2 $ 838.69 $ 1,677.38 $ 747.00 $ 1,494.00 Depths) B205 Emergency-Extra Length Point Repair in Front Easement/ROW,8"Dia.Water Line(All LF 2 $ 605.38 $ 1,210.76 $ 758.00 $ 1,516.00 Depths) Page 15 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B206 Emergency- Extra Length Point Repair in Rear/Side Easement, 8" Dia. Water Line(All LF 2 $ 906.27 $ 1,812.54 $ 758.00 $ 1,516.00 Depths) B207 Emergency-Extra Length Point Repair in Front Easement/ROW, 10"Dia.Water Line(All LF 2 $ 1,074.39 $ 2,148.78 $ 772.00 $ 1,544.00 Depths) B208 Emergency-Extra Length Point Repair in Rear/Side Easement, 10"Dia.Water Line(All LF 2 $ 1,253.46 $ 2,506.92 $ 955.00 $ 1,910.00 Depths) B209 Emergency-Extra Length Point Repair in Front Easement/ROW, 12"Dia.Water Line(A 11 LF 2 $ 1,142.05 $ 2,284.10 $ 955.00 $ 1,910.00 Depths) B210 Emergency-Extra Length Point Repair in Rear/Side Easement, 12" Dia.Water Line(All LF 2 $ 1,332.40 $ 2,664.80 $ 972.00 $ 1,944.00 Depths) B211 Emergency-Extra Length Point Repair in Front Easement/ROW, 16"Dia.Water Line(All LF 2 $ 1,981.05 $ 3,962.10 $ 1,011.00 $ 2,022.00 Depths) B212 Emergency-Extra Length Point Repair in Rear/Side Easement, 16"Dia.Water Line(AlI LF 2 $ 2,311.23 $ 4,622.46 $ 1,315.00 $ 2,630.00 Depths) B213 Emergency-Extra Length Point Repair in Front Easement/ROW,20"Dia.Water Line(All LF 2 $ 3,311.40 $ 6,622.80 $ 1,364.00 $ 2,728.00 Depths) B214 Emergency-Extra Length Point Repair in Rear/Side Easement,20"Dia.Water Line(All LF 2 $ 3,863.30 $ 7,726.60 $ 1,972.00 $ 3,944.00 Depths) B215 Emergency-Extra Length Point Repair in Front Easement/ROW,24"Dia.Water Line(All LF 2 $ 3,534.49 $ 7,068.98 $ 2,040.00 $ 4,080.00 Depths) B216 Emergency-Extra Length Point Repair in Rear/Side Easement,24"Dia.Water Line(All LF 2 $ 4,123.57 $ 8,247.14 $ 3,866.00 $ 7,732.00 Depths) B217 Emergency-Remove and Replace Asphalt Pavement,3"HMAC and 12"Limestone Base SY 50 $ 254.73 $ 12,736.50 $ 250.00 $ 12,500.00 B218 Emergency-Remove and Replace Concrete Pavement,up to 12"Thick SY 80 $ 218.75 $ 17,500.00 $ 450.00 $ 36,000.00 B219 Emergency-Furnish and Install Temporary Asphalt Pavement,Up to 8"Thick SY 50 $ 159.30 $ 7,965.00 $ 225.00 $ 11,250.00 Page 16 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT B220 Emergency-Flowable Fill Backfill,Complete and In-Place CY 40 $ 226.80 $ 9,072.00 $ 185.00 $ 7,400.00 B221 Emergency-Cement Stabilized Sand,Complete and In-Place TONS 100 $ 180.00 $ 18,000.00 $ 120.00 $ 12,000.00 B222 Emergency-Site Restoration with Seeding SF 100 $ 2.52 $ 252.00 $ 4.00 $ 400.00 B223 Emergency-Site Restoration with Sodding SF 100 $ 20.80 $ 2,080.00 $ 25.00 $ 2,500.00 B224 Emergency-Remove and Replace Chainlink Fence LF 50 $ 66.00 $ 3,300.00 $ 65.00 $ 3,250.00 B225 Emergency-Remove and Replace Wooden Fence LF 50 $ 54.00 $ 2,700.00 $ 55.00 $ 2,750.00 B226 Emergency-Install New Chainlink Fence LF 25 $ 66.00 $ 1,650.00 $ 65.00 $ 1,625.00 B227 Emergency-Install New Wooden Fence LF 25 $ 54.00 $ 1,350.00 $ 58.00 $ 1,450.00 B228 Emergency-Remove and Replace Concrete Driveway SF 100 $ 12.60 $ 1,260.00 $ 45.00 $ 4,500.00 B229 Emergency-Remove and Replace Concrete Sidewalk SF 100 $ 15.60 $ 1,560.00 $ 33.00 $ 3,300.00 B230 Emergency-Remove and Replace Curb and Gutter LF 150 $ 45.60 $ 6,840.00 $ 65.00 $ 9,750.00 B231 Emergency-Furnish and Install Copper or HDPE Short Service(Up to 5-ft of Cover) EA 50 $ 1,986.90 $ 99,345.00 $ 1,960.00 $ 98,000.00 B232 Emergency-Furnish and Install Copper or HDPE Long Service(Up to 5-ft of Cover) EA 10 $ 2,076.87 $ 20,768.70 $ 1,935.00 $ 19,350.00 SUBTOTAL PART B-WATER IMPROVEMENTS(Items B1 thru B232) $ 4,220,822.61 $ 5,026,027.87 Page 17 of 18 TABULATION OF BIDS PROCUREMENT-CITY OF CORPUS CHRISTI,TEXAS TABULATED BY: Dhruv Deshmukh,PE DESIGN ENGINEER:Freese and Nichols,Inc. BID DATE: Wednesday,June 14,2023 RFB 4818 Clark Pipeline Services,LLC Jhabores Construction Company, Inc. PROJECT NO.23107 Citywide Waterline Repair/Replace-Large Diameter IDIQ FY2023 Part B 6229 Leopard Street P.O.BOX 60089 BASE BID Corpus Christi,TX 78409 Corpus Christi,TX 78466 ITEM DESCRIPTION UNIT QTY UNIT PRICE AMOUNT UNIT PRICE AMOUNT Part C-ALLOWANCE C1 Bonds and Insurance(Maximum of 2%of Project Total) AL 1 $ 75,974.00 $ 75,974.00 $ 70,000.00 $ 70,000.00 C2 Preparation and Implementation of Traffic Control Plans AL 1 $ 150,000.00 $ 150,000.00 $ 150,000.00 $ 150,000.00 C3 Disposal of Contaminated Ground Water AL 1 $ 25,000.00 $ 25,000.00 $ 25,000.00 $ 25,000.00 C4 Miscellaneous Utility Improvements AL 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 C5 Services of a State Licensed Surveyor AL 1 $ 30,000.00 $ 30,000.00 $ 30,000.00 $ 30,000.00 C6 Other Emergency Items AL 1 $ 100,000.00 $ 100,000.00 $ 100,000.00 $ 100,000.00 C7 Furnish and Install Line Stop(all sizes)and Other Unanticipated Water Improvements AL 1 $ 200,000.00 $ 200,000.00 $ 200,000.00 $ 200,000.00 SUBTOTAL PART C-ALLOWANCE(Items C1 thru C7) $ 680,974.00 $ 675,000.00 TOTAL BASE BID $ 4,926,396.61 $ 5,986,027.87 Notes regarding any bidder deemed Non-Responsive or Non-Responsible—­ Page 18 of 18 Capital Improvement Plan 2023 tbru 2025 City of Corpus Christi, Texas Project# 19037/23065 Citywide Water Line Repair/Replace-Large Diameter Pro"ect Name — - Type Reconditioning-Asset Longevity Department Water Department Useful Life 40 years Contact Director of Water Utilities T f" Category Water Distribution Priority 2 Critical-Asset Condition\longevity �,. aegion�l w��, Status Active Ewe« Descriptions — This project provides a strategic lifecycle program for replacement and extension of the City's water distribution system(1,800 miles).The program is flexible and provides a systematic approach to extend service life of the system while enhancing monitoring capability and water quality.The program also provides a mechanism to quickly address emergency and priority projects as they arise reducing service outages,and operational costs. Justification Extension of service life of water mains is critical to ensuring integrity of the system. This project itself does not increase revenue or decrease expenses,but it prevents cost of maintenance from rising. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 8,950,000 10,000,000 10,000,000 10,000,000 38,950,000 Design 762,100 500,000 500,000 500,000 2,262,100 Eng,Admin Reimbursements 654,000 500,000 500,000 500,000 2,154,000 Total 10,366,100 11,000,000 11,000,000 11,000,000 43,366,100 Funding Sources Prior Years 2023 2024 2025 Total Grant-American Rescue Act 3,800,000 3,800,000 Revenue Bonds 6,566,100 11,000,000 11,000,000 11,000,000 39,566,100 Total 10,366,100 11,000,000 11,000,000 11,000,000 43,366,100 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.Reference project 918094A for prior contract and projects. 347 °° p uyu i IV,i CITYWIDE PROJECT X w E 0 CORPUS CHRISTI BAY a a< �° S s 3 � Q VICINITY MAP s P NOT TO SCALE CITYWIDE PROJECT r; V ad VI`iiQ IIIIO 1'I W as_ Ip it AERIAL MAP NOT TO SCALE Project Number: 23107 CITYWIDE WATERLINE REPAIR/REPLACE CITY COUNCIL EXHIBIT LARGE DIAMETER IDIQ FY2023 PART B CITYOFCOFENGINRPUS ERINRISTI,TEXAS ERV DEPARTMENT OF ENGINEERING SERVICES Corpus Chr s[i Engineering Citywide Water Line Repair/Replace- Large Diameter IDIQ FY2023 Part B Council Presentation Y Jul 25, 2023 . C�= Project Location Engineering N CITY LIMITS S VICINITY MAP �i� CITYWIDE PROJECT Project Number:23707 2 Project Scope Corpus Chr sti Engineering Proposed improvements are as follows: • Project will include removal and abandonment of water lines, installation of new 6-inch to 24-inch (max) water lines by open trenching or horizontal directional drilling, casing, new fire hydrants, valves, fittings, services, pavement repairs, and other miscellaneous items required to complete the project. • Project also includes emergency response Delivery Orders that require Contractor to always have management personnel and crews available and on- call during the Contract to provide emergency response on-call services. • Emergency Delivery Orders will include improvements for water lines from 2- inch to 24-inch (max). 3 Project Schedule Corpus Chr sti Engineering 2023 2023 - 2024 May - July September-September Bid/ Award Construction Projected Schedule reflects City Council award in July 2023 with anticipated completion in August 2024. �vs cr �o v NOflPORPY ED xss2 AGENDA MEMORANDUM Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P.E., Director of Engineering Services 6effreyea-cctexas.com (361) 826-3851 Robert Dodd, Director of Parks and Recreation robertd4a-cctexas.com (361) 826-1853 Josh Chronley, CTCD, Assistant Director of Finance & Procurement Joschc2a-cctexas.com 361-826-3169 Construction Contract Award Packery Channel Dredging and Beach Nourishment CAPTION: Motion awarding a construction contract to Callan Marine Ltd., of Galveston, Texas for Packery Channel Dredging and Beach Nourishment project, in an amount of $3,531,549.00, located in Council District 4, with funding available from Tax Increment Reinvestment Zone No. 2. SUMMARY: This motion awards a construction contract to Callan Marine Ltd., of Galveston, Texas for hydraulic dredging from Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. Approximately 270,000 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths. BACKGROUND AND FINDINGS: The Packery Channel and its adjacent Gulf Beaches are popular recreational destinations for citizens and tourists visiting Corpus Christi. The channel and beaches are regularly monitored to track the degree of channel shoaling and beach erosion. Shoaling in the Packery Channel required the placement of submerged hazard buoys during 2019. The latest survey indicates areas of shoaling have increased since 2019 and are encroaching on the centerline navigation pathway. The shoal volume in the channel is nearing the volume documented prior to the last maintenance dredge of the Packery Channel in 2012. For Gulf Beaches near the Packery Channel, a minimum width of 150 feet must be maintained to allow vehicles on the beach (City Ordinance 028494). When the width is at or less than 150 feet, bollards are placed on the beach to prevent vehicles from accessing narrow areas as a safety precaution. Based on the persistence of shoals in the channel and the requirements for beach re- nourishment, this project is urgently needed. It is worth noting that there is insufficient sand available in the channel to restore the beach to original design footprint. Additional sources of sand will likely be required in the future to restore the beach to the original design width. On October 26, 2021 Callan Marine was awarded a construction contract for the Packery Channel Restoration project. The project scope consisted of providing repairs to shoreline protection. The work was expected to include demolition and removal of damaged block mat revetment, concrete walkway, and bollard/cable barriers. Additionally, the project was to provide storm drain improvements, new concrete walkways, and handrail replacement. Through the course of the work, one of Callan Marine's work barges sunk and was later removed but left some materials underwater. City staff has been working to have the materials removed by Callan Marine, through their insurance provider, but have not yet been met with a full resolution. City staff has sent a Cure Notice to Callan Marine, providing them with notice of default and requiring a recovery plan to be submitted by July 28, 2023. There is a remaining contract amount that staff is withholding until a resolution has been met. Staff recommends contract award for the Packery Channel Dredging and Beach Nourishment project. PROJECT TIMELINE: 2020 2023 2023-2024 January - September Feb - June July - February Design Bid/Award Construction The proposed project schedule reflects a City Council award in June 2023 with an anticipated completion month of February 2023. COMPETITIVE SOLICITATION PROCESS On February 20, 2023, the Contracts and Procurement Department issued a Request for Bids with the RFB Number 4640 for Packery Channel Dredging & Beach Nourishment. On March 22, 2023, City of Corpus Christi received bids from two bidders. Staff analyzed the bids in accordance with the contract documents and determined Callan Marine, Ltd. is the lowest responsive, and responsible bidder. As the lowest bid received was within the acceptable range of Engineer's Opinion of Probable Construction Cost which is $ 4,185,000.00, the City decided to proceed with the project. A summary of the bids is provided below: Bid Summary Contractor Base Bid Callan Marine, Ltd. $3,531,549.00 Michels Construction Inc. $4,000,000.00 Engineer's Opinion of Probable Construction Cost $4,185,000.00 Callan Marine, Ltd. is completing Packery Channel & Sidewalk TDEM Restoration work for the City of Corpus Christi and have completed projects such as: U.S. Army Corps of Engineers Lower Bay Reach, Channel Improvement Project, Corpus Christi; MODA Dock Dredging, Ingleside, TX; Flint Hills Resources Maintenance Dredging, Corpus Christi, TX; Voestalpine Maintenance Dredging, Corpus Christi, TX; and other channel improvements in Texas. ALTERNATIVES: City Council could choose not to award the construction contract to Callan Marine, Ltd. This would impair navigation in the Packery Channel and further restrict beach traffic due to erosion. FISCAL IMPACT: The fiscal impact in FY2023 is an amount of $3,531,549.00 with funds available from the Tax Increment Finance District Fund. The approved CIP project page is included in the package. FUNDING DETAIL: Fund: PackChProjTIF2 (Fund 3278) Department: Infrastructure (17) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 20106-A-3278-EXP Amount $3,531,549.00 RECOMMENDATION: Staff recommends awarding a construction to contract to Callan Marine, Ltd., of Galveston, Texas for the Packery Channel Dredging and Beach Nourishment project in the amount of $3,531,549.00, with construction duration planned for 7 months from issuance of the Notice to Proceed. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tabs CIP Page PowerPoint Presentation July 13, 2023 Maxie McGuire, President Callan Marine, Ltd PO Box 17017 ENGINEERING Galveston, TX 77554 SERVICES jmaldonado@callanmarineltd.com PO Box 9277 SUBJECT: Packery Channel Restoration, Project No. H17019 ("Project") Corpus Christi, Texas 78469-9277 Notice of Default 1201 Leopard Street 3,d Floor This is notice that Callan Marine, Ltd. ("Callan") is in default on the subject project. Corpus Christi, p Texas 78408401 Callan's failure to adequatelyerform in accordance with the Contract Documents and meet its contractual obligations, including failure to supply suitable equipment and keep Phone 361-826-3500 site free from debris, is unacceptable. Fax 361-826-3501 www.cctexas.com The debris that was displaced from the GD 904 sunken barge has been in place at the Packery Channel since September 29, 2022. Callan must submit a recovery and Construction Inspection disposal plan with a selected contractor to the OAR no later than Friday, July 28, 2023. 4917 Holly Rd.,Bldg.5 The plan must include a detailed schedule that has a disposal completion date no later Corpus Christi, than August 25, 2023. Texas 78411 Phone 361-826-3555 If Callan fails to submit an acceptable recovery plan by July 28, 2023, or fails to Fax 361-826-3520 completely remove the barge by August 25, 2023, the City will proceed with remedying the situation and recover the expense from Callan pursuant to paragraph 17.01.13. of the General Conditions of the Contract. Sincerely, Jeff H. Edmonds, P.E. Director of Engineering Services RFB 4640 PN. 19046A Packery Channel Dredging & Beach Nourishment ID: RFB 4640 PN. 19046A Item Description Unit Quantity Base Bid Al Mobilization Max. 15% LS 1.00 $570,000.00 $600,000.00 A2 Bonds&Insurance LS 1.00 $20,449.00 $50,000.00 A3 Construction Surveys LS 1.00 $100,000.00 $120,000.00 A4 Pre-Dredge Hazard Survey LS 1.00 $35,000.00 $40,000.00 A5 Aerial Photography LS 1.00 $20,000.00 $20,000.00 A6 iStorm Water Pollution Prevention LS 1.00 $13,000.00 $30,000.00 A7 Debris Removal from Dredging Template TON 20.00 $30,000.00 $60,000.00 A8 Pipeline Management LS 1.00 $475,000.00 $280,000.00 A9 Pipeline Dredging(Reach 1) CY 270,000.00 $2,168,100.00 $2,700,000.00 A10 Allowance for Additional Work AL 1.00 $100,000.00 $100,000.00 Sub Totals $3,531,549.00 $4,000,000.00 Grand Total $3,531,549.00 $4,000,000.00 Alternate 1 B1 Construction Surveys LS 1.00 $12,000.00 $13,000.00 B2 Pre-Dredge Hazard Survey LS 1.00 $5,000.00 $6,000.00 B3 Debris Removal from Dredging Template TON 1.00 $1,500.00 $5,000.00 B4 Pipeline Management LS 1.00 $30,000.00 $35,000.00 B5 Pipeline Dredging(Reach 2) CY 2,000.00 $52,000.00 $34,000.00 Sub Totals $100,500.00 $93,000.00 Grand Total $100,500.001 $93,000.00 Alternate 2 C1 Environmental Monitoring During Construction IL6 1 1.00 1 $70,000.0101 $150,000.00 Sub Totals $70,000.001 $150,000.00 Grand Total $70,000.001 $150,000.00 Alternate 3 D1 Construction Surveys ILS 1 1.00 $1.00 $6,000.00 D2 Pre-Dredge Hazard Survey ILS 1.00 $1.00 $6,000.00 D3 Debris Removal from Dredging Template ITON 1 1.00 $1,500.00 $5,000.00 D4 Pipeline Dredging Reach 1ICY 1 10,000.00 $190,000.00 $100,000.00 Sub Totals $191,502.00 $117,000.00 Grand Total $191,502.001 $117,000.00 R� N 0 _ - W E CORPUS CHRISTI BAY °yo 0 38 PROJECT LOCATION ko �M O Wp k� N OgNe E� pq �c� p PoNP PACKERY CHANNEL VICINITY MAP , DREDGING AREA NOT TO SCALE D N N NORTH PADRE ISLAND SEAWALL BEACH NOURISHMENT AREAD ( REDGE MATERIAL PLACEMENT AREA WHITECAP BLVD. AERIAL MAP NOT TO SCALE PROJECT NUMBER: 19046A PACKERY CHANNEL DREDGING & BEACH CITY COUNCIL EXHIBIT , CITY OF CORPUS CHRISTI,TEXAS NOURISHMENT `• DEPARTMENT OF ENGINEERING SERVICES Capital Improvement Plan 2023 thru 2025 City of Corpus Christi, Texas Project# 20106 Project Name Packery Channel Dredging and Beach Nourishment Type Reconditioning-Asset Longevit Department Parks and Recreation Useful Life 25 years Contact Parks Director Category Site Improvements Priority 2 Critical-Asset ConditionVongevity F.-. Status Active � 5 Description The project consists of dredging beach quality material from within Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline.Dredging schedule to be determined by results of annual study of channel. Justification To manage and maintain parks,beaches,open spaces and recreational facilities for the community. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 3,680,000 3,680,000 Design 424,000 424,000 Eng,Admin Reimbursements 4,024 350,324 354,348 Total 428,024 4,030,324 4,458,348 Funding Sources Prior Years 2023 2024 2025 Total Tax Increment Finance District 428,024 4,030,324 4,458,348 Total 428,024 4,030,324 4,458,348 Budget Impact/Other Increased annual maintenance cost to be budgeted in the TIF operating budget to maintain improvements. 78 Corpus Christi Engineering Packery Channel Dredging and Beach Nourishment Council Presentation ' '` June 27, 2023 Project Location Corpus Chr sti Engineering PROJECTLOCATION 7 PACKERV CHANNEL VICN�TMAP DREDGING AREA D A O NORTH PADRE ISLAND SEAWALL BEACH NOURISHMENT AREA(DREDGE MATERIAL PLACEMENT AREA WHITECAP BLVD. AX�ra uln�eP PROJECT NUMBER:19046A 2 Project Scope Corpus Chrti Engineering This project will consist of: • Hydraulic dredge from Packery Channel and placement of the dredged material as beach nourishment along the Gulf shoreline to the south of Packery Channel. • Approximately 270,000 cubic yards of sandy maintenance material will be excavated from the channel to reestablish required depths. Project Schedule Corpus Chr sti Engineering 2020 2023 2023 January - September Feb - June July - December Design Bid/Award Construction This project schedule reflects City Council award on June 2023, with anticipated construction start in July 2023. SC �o lh � p'0 F v NoAPoapYE° AGENDA MEMORANDUM 1852 Action Item for the City Council Meeting of July 25, 2023 DATE: July 25, 2023 TO: Peter Zanoni, City Manager FROM: Jeff H. Edmonds, P. E., Director of Engineering Services 0effreye(a)cctexas.com (361) 826-3851 Brandon Wade, Fire Chief brand onw(a-)cctexas.com (361) 826-3935 Josh Chronley, CTCD, Assistant Director of Finance & Procurement 0oshc2(a-)-cctexas.com (361) 826-3169 Construction Contract Award and Professional Services Contract Amendment Fire Station No. 3 CAPTION: Resolution rejecting the bid of DLF Two Inc. dba DLF Texas as non-responsive and authorizing a construction contract to Weaver and Jacobs Constructors Inc., of Cuero, Texas, for the construction of the Fire Station No. 3 in an amount of$10,223,414.00 and authorize a professional services contract amendment No. 2 to Brown Reynolds Waterford Architects, College Station, Texas, to provide construction phase services in an amount of $138,000 for a total restated fee not to exceed $758,400, located in Council District 2, with FY 2023 funding available from Certificates of Obligation, G.O. Bond 2018, G.O. Bond 2020, and American Rescue Plan. SUMMARY: This item authorizes a construction contract for the City of Corpus Christi's new Fire Station No. 3 and a professional services contract amendment No. 2 to provide the construction phase services. The new fire station will replace the antiquated fire station to meet current firefighting operations and standards. The Fire Station No.3 is approximately 17,000 square foot building with four-bay station. The station will accommodate 12 firefighters, a community room, and fire fighter support spaces. BACKGROUND AND FINDINGS: The current Fire Station #3 (Morgan Street) was built in 1954, making the facility 67 years old. In FY21, Fire Station #3 took over 8,000 calls and responded to over 10,000 incidents making it one of the busiest stations in the city. The station has exceeded its design life cycle and ability to accommodate the modern, larger fire fighting vehicles. In addition to the outdated physical capabilities, the facility has large cracks in the walls and the foundation is showing signs of failure. Engine bays and doorways are too small for modern fire apparatus thus increasing the risks for accidents. In addition, the mechanical and electrical systems are overloaded causing frequent failures, and the facility does not have adequate ADA access. A new station is needed to replace the antiquated fire station to meet modern firefighting capabilities and standards that will allow for faster response times and a cleaner work environment. The new facility will meet firefighting and emergency services standards with the capacity to house larger/taller/heavier vehicles, provide airlocks and decontamination rooms to minimize the carcinogens in the living quarters from the apparatus bay. The new facility will be located adjacent to the current site of the Fire Station 3 at the intersection of Morgan and Brownlee. Fire Station 3 will have the capacity to house 12 fire fighters, male and female, with full living quarters and has four pull-through apparatus bays, a community room, weight room, report writing watch office, training mezzanine, support spaces, backup power generator, and appliances. The site includes five public parking spaces, with two being ADA accessible, 21 employee parking spaces with a security fence, and sidewalks. All parking, driveways, and sidewalks on the site will be of concrete paving. The required solid fence along the back property line and around the trash area will be made of wood slats. The fence and two driveway gates for the employee parking will be made of steel pickets and rails to create visibility and security. The building will be constructed out of a combination of CMU walls for stability and durability surrounding the apparatus bay, structural steel, and metal framing under the current building codes and required wind loads. The face of the building will be made of two different metal panels, brick, glass, and translucent wall panels. These panels provide high thermal performance and light control. The interior walls will be painted gypsum board with brick veneer accents. The ceilings will be both gypsum board and lay-in tile ceilings. Flooring will consist of LVT planks in the public and living spaces, tile in the bathrooms, rubber flooring in the weight room, polished concrete in the bay and sealed concrete in support spaces. The building construction includes Information Technology (IT) and Audio Visual (AV) infrastructure as needed for a fully functional facility. However, as the project approaches construction completion in FY 2024, staff will bring an item(s) for furniture, IT, and AV equipment purchases to City Council for consideration. Funding for the IT/AV infrastructure and furniture will be identified in FY 2024. PROJECT TIMELINE 2023 2023 - 2024 May - July August - September Bid/Award Construction Projected schedule reflects City Council award in July 2023 with construction completion by September 2024. COMPETITIVE SOLICITATION PROCESS: The Procurement Division of Finance issued a Future Bid Notice on January 24, 2023, and a Request for Bids on May 15, 2023. Subsequently, on June 28, 2023, the city received bids from five bidders. DLF Texas of Corpus Christi submitted the lowest bid. The City analyzed the bid in accordance with the contract documents and determined DLF Texas as a non-responsive bidder. The statement of experience did not include experience on projects of similar size and complexity as well as failed to include a list of subcontractors and the percentage of the project they would complete.The second lowest bidder Weaver and Jacobs Contractors Inc. is deemed as the lowest responsive and responsible bidder. The Base Bid includes the Fire Station No. 3 and its supporting infrastructure in an amount of $9,866,400.00. There were three bid alternates along with the base bid. Bid Alternate No.1 in an amount of$247,060.00 includes the backup power generator for the entire building. Bid Alternate No. 2 in an amount of$89,954.00 includes the site security fence and gates. Lastly, Bid Alternate No. 3 in an amount of$20,000.00 includes the appliances. The project architect Brown Reynolds and Waterford reviewed the received bids and recommended awarding the construction contract to the responsive and responsible bidder. The bids are less than 0.05% higher than the construction budget. The average of the bids received is within 1.4% of the architect's estimate and the lowest bid is 0.05% lower than the architect's opinion of probable cost. Based on industry standards these bids are considered highly successful. The bids appear to be competitive and representative of current market conditions. Staff recommends awarding the construction contract for Base Bid and alternates. The bid results are summarized below. BID SUMMARY CONTRACTOR BASE BID + 3 ALTERNATES 2. Weaver and Jacobs Constructors Inc. $10,223,414.00 3. Victory Building Team $10,258,839.00 4. Summit Building and Design $10,463,111.00 5. STBP, Inc. $10,906,105.00 Engineer's Opinion of Probable Construction Cost $9,899,380.00 Including Alternates *Contractor's experience did not meet minimum qualifications. Weaver and Jacobs Constructors Inc. (WJC) has over 20 years of experience serving South Texas and the Coastal Bend area. Weaver and Jacobs Constructors Inc. has not completed any City of Corpus Christi projects in the past; however, Weaver and Jacobs Constructors Inc., has completed multiple projects for multiple local, public agencies including Gregory Portland Independent School District, Corpus Christi Independent School District, Academy Independent School District, Little River-Academy and Luling Independent School District. More specifically, WJC has completed numerous construction projects in the Coastal Bend region with similar value, construction type, occupancy type to Fire Station #3. Such projects include Ingleside Highschool, Gregory-Portland's WC Andrews Elementary, and the Ingleside Sports Complex. WJC previously constructed the City of Caldwell, Texas' Fire Station, which is a 13,000 square foot, two-story steel-frame metal building. The fire station was constructed to have six 70' fire apparatus bays, as well as offices, locker rooms, a bunker gear room, a weight room, and living and sleeping quarters. Fire Station No. 3's construction requires various occupancy classifications, including vehicle bays, offices, living quarters, sleeping quarters, assembly areas, bunker gear room, and exercise room. These construction requirements are very similar, and in some cases replicated, the construction requirements of the Caldwell Fire Station. ALTERNATIVES: The alternative is that the City council could choose not to award the construction contract to Weaver and Jacobs Constructors Inc. However, this would delay the start of the project, and a re-advertisement is unlikely to result in lower bids. FISCAL IMPACT: The revised FY 2023 Capital Improvement Program project page shows the available funding breakdown. The project has a $9,538,000.00 available for construction. The shortfall in funding will be transferred from project reimbursements and Bond 2018 Proposition E. FUNDING DETAIL: The Capital Improvement Program (CIP) shows the project is planned for FY 2023. The project is ready to be implemented and the expenditures shown reflect the CIP. Funding Detail: Fund: American Rescue Plan Grant (Fund 1076) Department: Infrastructure (17) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 421008-F-1076-EXP Amount $4,050,000.00 Fund: Fire2020 Bd18 (Fund 3192) Department: Fire (10) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21085-3192-EXP Amount $521,504.57 Fund: Fire 2023 CO (Fund 3194) Department: Fire (10) Org: Grants and Capital Projects (89) Account: Construction (550910) Activity: 21085-3194-EXP Amount $5,651,909.43 Construction Total $10,223,414.00 Fund: Fire2021 Bd20 C (Fund 3193) Department: Fire (10) Org: Grants and Capital Projects (89) Account: Design (550950) Activity: 21085-3193-EXP Amount $138,000.00 Construction and Design Total $10,361,414.00 RECOMMENDATION: Staff recommends awarding the construction contract for the City of Corpus Christi's new Fire Station No. 3 to Weaver and Jacobs Constructors Inc., of Cuero, Texas in an amount of $10,223,414.00 and authorize a professional services contract amendment No. 2 to Brown Reynolds Waterford Architects, to provide construction phase services in an amount of$138,000 for a for a total restated fee not to exceed $758,400. The construction duration is planned for 12 months from issuance of the Notice to Proceed to begin construction in August 2023. LIST OF SUPPORTING DOCUMENTS: Location and Vicinity Maps Bid Tab CIP Page PowerPoint Presentation Page 1 of 2 Resolution rejecting the bid of DLF Two Inc. dba DLF Texas as non-responsive and authorizing execution of a construction contract with Weaver and Jacobs Constructors, Inc., Cuero, TX as the lowest responsive, responsible bidder for the construction of Fire Station No. 3 in an amount of $10,223,414.00 and authorize a professional services contract amendment No. 2 to Brown Reynolds Waterford Architects, College Station, Texas, to provide construction phase services in an amount of $138,000 for a total restated fee not to exceed $758,400, located in Council District 2, with FY 2023 funding available from Certificates of Obligation, G.O. Bond 2018, G.O. Bond 2020, and American Rescue Plan. WHEREAS, Section 00 45 16 Statement of Experience, paragraph 1 .01 provides, "To be considered responsive, the Bidder must complete and submit the Statement of Experience to demonstrate the Bidders' responsibility and ability to meet the minimum requirements to complete the Work. Failure to submit the required information in the Statement of Experience may result in the Owner considering the Bid non-responsive and result in rejection of the Bid by the Owner." WHEREAS, Section 00 45 16 Statement of Experience, paragraph 2.06.A requires the Bidder to: "Provide information on projects that have been awarded to the Organization in the last 5 years. Experience must include the satisfactory completion of at least five similar projects within the last 5 years for the Bidder's organization that are equal to or greater in size and magnitude than the current Project." WHEREAS, the apparent low bidder for the Project, DLF Texas, failed to show satisfactory completion of at least five similar projects within the last five years that are equal to or greater in size and magnitude than the current project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The apparent low bid submitted by DLF Two Inc. dba DLF Texas is rejected as non-responsive. SECTION 2. The City Manager or designee is authorized to execute a construction contract with Weaver and Jacobs Constructors, Inc. as the lowest responsive, responsible bidder in the amount of $10,223,414 for the construction of Fire Station No. 3. SECTION 3. The City Manager or designee is authorized to execute professional services contract amendment No. 2 to Brown Reynolds Waterford Architects, College Station, Texas, to provide construction phase services in an amount of $138,000 for a total restated fee not to exceed $758,400. Page 2 of 2 PASSED AND APPROVED on the day of , 2023: Paulette Guajardo Roland Barrera Sylvia Campos Gil Hernandez Michael Hunter Jim Klein Mike Pusley Everett Roy Dan Suckley ATTEST: CITY OF CORPUS CHRISTI Rebecca Huerta Paulette Guajardo City Secretary Mayor Bid Tabulation PROTECT:Fire Station No.3 ID NUMBER:RFB 4817 PROJECT NUMBER:21085 BIDS DUE DATE:June 28,2023 AT:3:00 PM CST ADDENDA DATE:lune l 2023 Description Unit Quantity DLF Texas Weaver&Jacobs C...t,uttors In, Victory Building Team Summit Building&Design STBP,I., Al Mobilization(Maximum 5%) LS 1.00 $309,794.94 $175,000.00 $458,765.00 $424,459.00 $543,229.00 A2 Division 03CoLS 1.00 $1,106,545.05 $1,168,920.00 $1,112,083.00 $711,098.00 $666,156.00 A3 Division 04-Masonry LS 1.00 $809,084.25 $666,985.00 $721,303.00 $768,468.00 $658,415.00 A4 Division 05-Metals LS 1.00 $1,313,481.74 $873,975.00 $781,582.00 $972,000.00 $800,183.00 A5 Division 06-Wood&Plastic LS 1.00 $256,750.65 $172,328.00 $160,991.00 $392,646.00 $413,375.00 A6 Division 07-Thermal&Moisture Protection LS 1.00 $472,553.94 $1,046,494.00 $834,335.00 $520,141.00 $1,305,426.00 A7 Division 08-Openings LS 1.00 $997,263.32 $1,137,993.00 $1,227,897.00 $983,960.00 $1,122,121.00 AS Division 09-Finishes LS 1.00 $476,285.65 $707,414.00 $818,590.00 $415,466.00 $623,819.00 A9 Division 10-Specialties LS 1.00 $85,854.60 $176,147.00 $248,174.00 $289,705.00 $277,002.00 AID Division 11-Equipment LS 1.00 $21,231.05 $21,213.00 $18,912.00 $20,003.00 $16,717.00 All Division 12-Furnishings LS 1.00 $140,715.90 $13,203.00 $10,460.00 $10,275.00 $12,695.00 Al2 Division 14-Conveying Equipment LS 1.00 $120,039.66 $115,500.00 $114,261.00 $112,236.00 $90,610.00 A13 Division 21-Fire Suppression LS 1.00 $102,357A5 $54,964.00 $104,659.00 $90,370.00 $69,949.00 A14 Division 22-Plumbing LS 1.00 $550,454.58 $621,500.00 $403,278.00 $691,207.00 $670,336.00 A15 Division 23-HVAC LS 1.00 $795,483.00 $707,096.00 $764,328.00 $810,222.00 $700,556.00 A16 Division 26-Electrical LS 1.00 $976,014.00 $867,568.00 $958,450.00 $1,222,392.00 $854,856.00 A17 Division 27-Communication LS 1.00 $86,269.10 $51,975.00 $51,574.00 $81,938.00 $73,735.00 A18 Division 28-Electronic Safety&Se,urity LS 1.00 $104,350.74 $114,138.00 $52,767.00 $99,111.00 $89,187.00 A19 Division 31-Earthwork LS 1.00 $175,587.75 $162,267.00 $157,034.00 $154,830.00 $159,226.00 A20 Division 32-E—ior Improvemenn LS 1.00 $112,126.70 $100,945.00 $124,847.00 $359,389.00 $460,585.00 A21 Division 33-Utilities LS 1.00 $236,850.00 $170,775.00 $123,447.00 $238,922.00 $143,452.00 91 Bonds and Insurance LS 1.00 $109,052.00 $240,000.00 $141,415.00 $166,901.00 $292,862.00 B2 Allowance for Unforseen Conditions LS 1.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $500,000.00 $9,858,146.07 $9,866,400.00 $9,889,152.00 $10,035,739.00 $10,544,492.00 C1 Generator with enclosure 1.00 $148,127.85 $206,360.00 $205,208.00 $142,242.00 $227,000.00 C2 Generator c oncrete pad&screen wall LS 1.00 $5,616.00 $22,000.00 $42,920.00 $23,094.00 $14,650.00 C3 Automatic Transfer Switch(ATS) LS 1.00 $12,285.00 $18,700.00 $19,210.00 $142,242.00 $19,550.00 $166,028.85 $247,060.00 $267,338.00 $307,578.00 $261,200.00 D1 Security Fence with Gates LS 1.00 $81,572A0 $89,954.00 $85,562.00 $106,459.00 $87,078.00 $81,572.40 $89,954.00 $85,562.00 $106,459.00 $87,078.00 El Appliances LS 1.00 $13,635.17 $20,000.00 $16,787.00 $13,335.00 $13,335.00 $13,635.17 $20,000.00 $16,787.00 $13,335.00 $13,335.00 ■M BAY n .•_ N „ Al E PROJECT ' . COM fM60 BAT j CRAIG ST_ w 690 BAT K 090 � !A!T� 'PROJECT LOON - A x MORGAN AVE. MORGAN AVE. = , , s Q cn ox 0) y � . 0 cP� ELIZABETH ST. m ti I .low a . . . °" AERIAL MAP TosCAI E PROJECT NUMBER: 21085 FIRE STATION NO. 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI,TEXASu'"„-j (MORGAN STREET) DESIGN DEPARTMENT OF ENGINEERING SERVICES Corpus Christi Engineering F1'* re Stati* on No . 3 Council Presentation July 25, 2023 eProjlect Sco p =-^ Corpus Chr sti Engineering • Two-story 17,000 Square Feet • Twelve Firefighters Capacity • Four 70' Long Pull-through Bays • Concrete Drives and Parking • Healthy Fire Station Design • Backup Power Generator 4O��Vi ♦4 r Project Location Corpus Chr sti Engineering f nFIRENO._ 3 x.T A - FIRE STA MORGAN 4' l=� .• Y a ` 4Qa�us cy*��r y 1 ,9 Rendering #1 Engineering �ovvus�cxgsn BR ARCHITECTS *j FlflE DE4 I' .r 4 O � y m O x - ias2 4O��Vi ♦4 Renderin #2 • Engineering ARCHITECTS o* BRW ;i�i� ■an�ll 4 Project Schedule Corpus Chrstf Engineering 2022 - 2023 1 2023 - 2024 January —April May — July August — September Design Bid/Award Construction Construction starting in August 2023 with anticipated completion by September 2024. Corpus Chr sti Engineering Capital Improvement Plan 2023 t111,1' 2025 City of Corpus Christi, Texas Project# 21085/23084 Project Name Fire Station #3 Type Improvement/Additions Department Fire Department Useful Life 25 years Contact Fire Chief Category Buildings-New Priority 2 Critical-Asset Condition4ongevity Status Active Description Project consists of the design(21085)and construction(23084)of a replacement for Fire Station#3. Fire Station#3 was built in 1954 and needs to be replaced with a modern,energy efficient public safety facility. The design will include modern fire fighting operation and standards that will allow for faster turnout times and a cleaner work environment for the safety of the firefighters and the public they serve. Justification Fire Station 3 is one of the oldest fire stations in the city;and does not meet current operational needs and standards. Expenditures Prior Years 2023 2024 2025 Total Construction/Rehab 9,538,000 9,538,000 Design 647,343 137,557 784,900 Eng,Admin Reimbursements 102,657 1,054,443 1,157,100 Tom 750,000 10,730,000 11,480,000 Funding Sources Prior Years 2023 2024 2025 Total Certificates of Obligation(New) 6,680,000 6,680,000 G.O. Bond 2020 750,000 750,000 Grant-American Rescue Plan 4,050,000 4,050,000 Total 750,000 10,730,000 11,480,000 Budget Impact/Other 71 The project can be completed and no new personnel will be needed to staff the fire Station. The Fire Department will use current staffing at the station limiting the costs of the project to design costs and construction.Could potentially decrease daily energy costs with a newer energy efficient facility and would decrease the cost of maintenance trying to maintain a 65 year old facility. 184